In conflict management, when may a solicitor rely on waivers to consent?

• A. After notifying the client but before consent
• B. After identifying conflict and obtaining informed consent from client
• C. Only if the client is unaware of the conflict
• D. Never

Answer: (B)

The key idea here is that a solicitor can rely on a waiver to proceed despite a conflict only if the client has been properly informed and given informed consent. Before a waiver is valid, the solicitor must first identify the conflict and explain its nature and the potential consequences for loyalty, confidentiality, and the handling of the matter. The client then needs to understand these risks and voluntarily agree to proceed, ideally with written consent. If the client isn’t aware of the conflict, there’s no valid basis for consent, so a waiver cannot be relied upon. Similarly, simply notifying the client without obtaining informed consent isn’t enough, and the option of never allowing a waiver is not correct in appropriate circumstances.