New York Law (NYLE) Practice Exam

The necessity for written confirmation in cases of waivable conflict of interest underscores the importance of clarity and record-keeping in the attorney-client relationship. The requirement for written confirmation serves several critical functions: it ensures that both parties have a mutual understanding of the conflict and the waiver, creates a formal record that can protect the attorney in case of future disputes, and reinforces the integrity of the decision-making process.

In these situations, merely relying on verbal consent can lead to misunderstandings or disputes about the client's true understanding and acceptance of the potential risks involved in waiving the conflict. Therefore, having a written confirmation — whether it comes from the client or the lawyer — solidifies the agreement and demonstrates adherence to professional conduct standards.

Options suggesting that no confirmation is needed or relying solely on verbal consent fail to provide the necessary safeguards needed in legal practice. Although the lawyer's written consent alone may be seen as a step towards addressing conflicts, it does not encompass the essential element of informed client consent, which is why a mutual written confirmation is essential.