Waiver of Counsel

This kit is designed to help you draft a waiver of consultation with an attorney prior to signing a contract or other agreement.

In some contract situations, one or both of the parties may be advised to seek counsel from an independent attorney. This may especially be the case where one or both of the parties are waiving certain legal rights or remedies, or where one of the parties is already represented and the other party is not. Frequently, however, the parties may decide that they wish to forego the process of consulting with an attorney. In such instances, it is advisable to prepare a waiver of counsel agreement, explicitly stating that the opportunity to seek independent counsel was considered and then knowingly and voluntarily waived. This type of waiver can protect both parties going forward, and ensure that the terms of the subject contract are not undermined by a subsequent claim that one of the parties did not understand the legal ramifications of what he/she was signing.