ACC Files Amicus in California Supreme Court Against Open-ended Advance Conflict Waivers


ACC Position: 

ACC filed an amicus brief on December 2, 2016 in Sheppard, Mullin, Richter & Hampton LLP v. J-M Manufacturing Co., Inc., arguing that an open-ended advance conflict waiver the law firm insisted upon was invalid, as it did not comply with state requirements for disclosure and informed consent. ACC asserts that if upheld, similar waivers would thwart transparency in the attorney-client relationship, as law firms would no longer need to reveal conflicts of interest.

ACC urged the Court to uphold the earlier Court of Appeal ruling that the waiver is unenforceable. ACC thanks John Ly and Jason Liang of Liang Ly LLP for their work on the brief.

Read the brief here.