WAIVER OF CONFLICT OF INTEREST
It has been explained to me that it is a potential conflict of interest for an attorney to represent both the driver and a passenger in a motor vehicle personal injury claim, because a percentage of fault in the accident can be attributed to the driver, and the passenger’s total recovery of damages may be decreased by percentage of fault of the driver. It is the desire of the parties herein for Justin Ziegler to represent us in our respective claims, and any conflict of interest in him doing so is expressly and knowingly waived. During our consultation with Justin Ziegler, he explained the implications of the common representation and the advantages and risks involved.
Justin Ziegler has suggested that if we are each advised independently, this will assure that waivers of conflict are knowing and informed as required by Rule 4-1.7(a)(1) and (2). Conflict issues may arise later or be resolved during discovery and litigation. One risk of representing both a driver and a passenger is that when conflict determinative facts do not come to light until after an attorney has already begun to represent both driver and passengers, remedial measures may be required. If discovery reveals, for example, that a non-waivable conflict exists between co-clients, the attorney may be required to withdraw from representation of both driver and passengers because of the direct conflict between them. Rule 4-1.7(a); Rule 4-1.16(a) and (d), Florida Rules of Professional Conduct; Florida Ethics Opinion 95-4. An advantage of representing both the driver and the passenger is that less work may be required on one or both parties.
______________________________ Date: __________ ____________________ Date: __________
Mother (Driver) Signature Daughter (Passenger) Signature
State of Florida County of Miami-Dade. The foregoing instrument was acknowledged before me this ____ day of September, 2013, by ______________________ who is known to me. ________________________________ Notary Seal State of Florida County of Miami-Dade