Waiver of Counsel

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This Waiver is used when one or more parties are advised to seek independent legal counsel (usually in contract or business situations).

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This Waiver of Counsel is designed for use when one or more parties are advised to seek independent counsel, usually in contract or business situations. Frequently one party may be represented by counsel and the other may forego consulting with an attorney. In this case it is advisable to have a Waiver of Counsel which memorializes, in writing, that the opportunity to seek independent counsel was considered and then knowingly and voluntarily waived. Having a written Waiver of Counsel will protect both parties and ensure that the terms of the subject transaction are not undermined by a subsequent claim that one of the parties did not understand the legal ramifications of what he or she was signing.

Among others, these important provisions are included in this Waiver of Counsel:
  • Parties and Agreement Description: Sets out the name of the person signing the waiver and the description of the transaction at issue;
  • Subject Contract: Sets forth a brief description of the contract or transaction for which legal representation is being waived.

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This attorney-prepared packet includes:
  1. General Information
  2. Instructions and Checklist
  3. Waiver of Counsel for use in your state
State Law Compliance: This form complies with the laws of your state
This is the content of the form and is provided for your convenience. It is not necessarily what the actual form looks like and does not include the information, instructions and other materials that come with the form you would purchase. An actual sample can also be viewed by clicking on the "Sample Form" near the top left of this page.
 
 
Waiver of Counsel

 

 
WHEREAS, I, John Doe, will enter into a    (type of contract/agreement)    agreement (the “Subject Contract”) with          ______________________________   ,
 
WHEREAS, I understand that it may be in my interests to seek independent counsel to advise and represent me in this matter,
 
NOW THEREFORE, BE IT RESOLVED, in consideration of the covenants and promises secured for me by the Subject Contract, I hereby agree as follows:
 
1.  Waiver.  I, John Doe, hereby waive consultation with and representation by an attorney in relation to the negotiation, preparation, and execution of the Subject Contract.  I waive this consultation and representation with the full understanding that it may be in my interest to seek it.  I further acknowledge that there has been no duress or undue influence applied to me by any person in connection with the execution of the Subject Contract, and that this waiver is made knowingly and voluntarily.
 
2.  Subject Contract.  I understand the terms and conditions of the Subject Contract, including (briefly describe any legal rights that may be waived under the terms of that contract)                                                                                            .
 
IN WITNESS WHEREOF, the undersigned has caused this Agreement to be duly executed and delivered as of the date written below.
 
            
John Doe (Signature)
 
            
John Doe (Printed)
 
            
Date
Number of Pages2
DimensionsDesigned for Letter Size (8.5" x 11")
EditableYes (.doc, .wpd and .rtf)
UsageUnlimited number of prints
Product number#28104
This is the content of the form and is provided for your convenience. It is not necessarily what the actual form looks like and does not include the information, instructions and other materials that come with the form you would purchase. An actual sample can also be viewed by clicking on the "Sample Form" near the top left of this page.
 
 
Waiver of Counsel

 

 
WHEREAS, I, John Doe, will enter into a    (type of contract/agreement)    agreement (the “Subject Contract”) with          ______________________________   ,
 
WHEREAS, I understand that it may be in my interests to seek independent counsel to advise and represent me in this matter,
 
NOW THEREFORE, BE IT RESOLVED, in consideration of the covenants and promises secured for me by the Subject Contract, I hereby agree as follows:
 
1.  Waiver.  I, John Doe, hereby waive consultation with and representation by an attorney in relation to the negotiation, preparation, and execution of the Subject Contract.  I waive this consultation and representation with the full understanding that it may be in my interest to seek it.  I further acknowledge that there has been no duress or undue influence applied to me by any person in connection with the execution of the Subject Contract, and that this waiver is made knowingly and voluntarily.
 
2.  Subject Contract.  I understand the terms and conditions of the Subject Contract, including (briefly describe any legal rights that may be waived under the terms of that contract)                                                                                            .
 
IN WITNESS WHEREOF, the undersigned has caused this Agreement to be duly executed and delivered as of the date written below.
 
            
John Doe (Signature)
 
            
John Doe (Printed)
 
            
Date

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