Inside Track: Formal Ethics Opinion EF-18-03: Form Contract Drafting and Conflicts:

State Bar of Wisconsin

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  • September
    05
    2018

    Formal Ethics Opinion EF-18-03: Form Contract Drafting and Conflicts

    A lawyer who prepares a form contract for a client does not have a direct conflict of interest by reason of the fact that it may be used by that client in the future to negotiate a contract relationship with another party that may be a client of the lawyer.
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    August 27, 2018

    Synopsis: A lawyer who prepares a form contract for a client does not have a direct conflict of interest by reason of the fact that it may be used by that client in the future to negotiate a contract relationship with another party that may be a client of the lawyer.  The lawyer, however, may not, in drafting the form contract, use or disclose confidential information of other clients of the lawyer.  The lawyer may not then represent another party in negotiating against the client who is using the form contract without the informed consent of both.  A lawyer may not provide representation for a client that involves the analysis or review of a contract form/template that was prepared by the lawyer or the lawyer’s law firm for another client.

    Click here to read the full opinion. Find this opinion and more at www.wisbar.org/ethop.




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