Waiver of conflict letter

I have checked my State Bar Rules. I agree with your analysis that the firm is conflicted and the conflict imputes to all lawyers in the firm. The only way to move forward with a knowing consent of the client. Michigan suggests looking at the matter from a disinterested attorney’s perspective as if that attorney was advising the client based on the known facts of the case. I have done that and feel do not feel particularly troubled. The co-defendants in Hamdaniya were all represented by lawyers from within my office and by civilians who cooperated as if they were in the same firm. We signed agreements to cooperate which required all attorneys to notify all other parties when plea negotiations began and to immediately withdraw from further cooperation and information sharing. In sum I feel like with a voluntary waiver we can offer representation to both.

I have drafted a waiver letter based on some recommended language from the Michigan Bar.

Haytham Faraj, Esq.

PUCKETT & FARAJ, PC

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