Lateral Conflict Waiver Request = Kiss of Death?? Forum

[acctname]

Has anyone heard of a potential lateral asking for a conflict waiver while still at their current firm and having it work out?

Biglaw lit associate working through conflicts after accepting a lateral offer. New firm reps another party on a current matter and wants a prospective waiver, doesn't think a screen is enough (a 180 from what they told me when I brought this up in our first meeting). I do not have direct client contact and the client would talk to current firm if I went around the firm to ask for the waiver.

Seems like a disaster in the making because current firm has no incentive to make this happen and lots of incentive to jam it up. I'm one of the few remaining in a now-small group (lots of associate departures, voluntary and involuntary) and my departure will be disruptive. And if they get the client to say no, the lateral job is dead and I can only count on the current job for as long as it takes them to hire my replacement.

Lateral firm is pushing hard for me to ask and minimizing the possibility that the client will say no, but the downside is obviously 100% on me.

My instincts are screaming that this is a deal killer but it's otherwise a great opportunity that I would not pass up. Anyone ever dealt with this successfully?

[Anonymous User]

Used to work in conflicts - the short answer is yes - it happens way more often than you'd think and is usually approved.

New firm may be able to help facilitate the process. At my firm, we would draw up a letter and sometimes the hiring partner would correspond with old client directly. That may be firm-by-firm. I also don't think it would be inappropriate to ask old client for discretion. That would go into the form letter as well.

[Anonymous User]

this can 100% eliminate a candidate. i was a hair away from having my offer reneged based on a client not wanting to sign a waiver, and a friend of mine was straight eliminated from consideration by a firm because the client would not sign. hopefully that's as rare as the person above me said, but my anecdotal experience indicates you should at least make a contingency plan/be prepared if the news is bad, just because that's a possibility----i had not been prepared for it at all.

[Anonymous User]

Bumping an old thread because I am in a similar situation as OP. I do transaction work, not lit, fwiw.

[Anonymous User]

Has anyone approached a client directly for a waiver before giving notice at the old firm? Who did you reach out to? What, if anything, were their objections? Can most in-house people be trusted to keep confidential from the old firm?

I’m in the awkward situation that I’ve accepted a lateral offer, but the new firm wants waivers from two clients of the old firm. In both cases, my involvement was very limited, and I don’t even know who’s who on the client side. Certainly nobody at either client knows me from adam. (I do have GCs’ contact info from firm rolodex, but not sure if that’s the best person to reach out to in the first instance.)

Any experiences or suggestions appreciated.

[ToniSimone]

How was this resolved? I am in the same boat right now - 2nd year big law (hardly involved in case strategy or managment), offer at plaintiff’s firm and now they say we need a waiver.

[gregfootball2001]

I needed a waiver signed before I could lateral. I was extremely nervous about it, obviously, but it was completely fine. In the end, most normal people are not going to screw you over by telling the client not to sign. Even if they're an asshole, they know that you'll just be out the door for a different job anyway. It's never a comfortable situation, but people are adults, lawyers move jobs, and conflicts is part of it.

I would, however, make sure with the new firm that this is the only outstanding issue. You definitely don't want to go back and get a second waiver.

[Anonymous User]

bumping this as in a similar situation... how have folks handled this, contact the partner directly or contact the client? I feel like you should give the partner the heads up so you have their approval before reaching out to the client on it.

[Anonymous User]

I'm in a strange situation where I am on a transactional matter and am being asked to get a waiver for a transaction that will have closed well before I start. My new firm wants me to get the waiver nonetheless, given uncertainty on closing. I'm a bit hesitant. A part of me just wants to let the deal close/die and then move. Not sure why it even matters, and at most I will have delayed my start a week or two. Feel like I'm being put in an artificial, and unnecessary, bind.

[Anonymous User]

bumping this as in a similar situation... how have folks handled this, contact the partner directly or contact the client? I feel like you should give the partner the heads up so you have their approval before reaching out to the client on it.

My firm's protocol is to send the letter to the firm's GC, who reviews it. Afterwards there is coordination with the partner the client is tied to, who ultimately send it.