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ARTICLE · 25 JUNE 2019

Requisite Disclosures For Enforceable Advance Conflict Waivers

Stoll Keenon Ogden PLLC
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A recent California Supreme Court decision addresses the disclosures required under California law to make a client's advance conflict waiver enforceable.

United StatesLitigation, Mediation & Arbitration
Stoll Keenon Ogden PLLC
Stoll Keenon Ogden PLLC
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IN BRIEF

  • A recent California Supreme Court decision addresses the disclosures required under California law to make a client's advance conflict waiver enforceable.
  • The decision is not a repudiation of "advance" waivers generally, but a reminder that any client consent to waive a conflict must be an informed one.

On August 30, 2018, the California Supreme Court rendered a long-awaited decision in Sheppard, Mullin, Richter & Hampton, LLP v. J-M Manufacturing Co., Inc.1 Primarily, the case considers what disclosures are required under California law to make a client's "advance" conflict waiver enforceable. The decision also addresses when a dormant client is a "current" client and the extent to which a law firm may be entitled to payment for legal services rendered even in the face of a violation of the Rules of Professional Conduct.

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