My question involves business law in the state of: Maryland/District of Columbia. The context is we're a political campaign sent a letter of engagement by a political law firm. Can someone advise me on if this portion of the letter is standard engagement wording? It, along with the rest of the letter is seems very, very one sided. In a small market, it seems we're being strong armed into an agreement, with few to no options, the firm claims that it's it's standard engagement letter and they have no wiggle room to change it, which, well... I know is not true. :
XX represents many other companies, individuals and government agencies ("clients"). During the time we are representing [client name] we may be asked to represent:
(1) other present or future clients in transactions, litigation or other disputes directly adverse to [client name] that are not substantially related to our representation of you; and/or
(2) parties who are considered directly adverse parties in matters we handle for [client name]. Our work for these directly adverse parties would be in matters that are not substantially related to our work for you.
(3) you in future transactions, litigation or other disputes adverse to other firm clients in matters not substantially related to our work for the other firm clients.
We request your consent to allow XX to undertake such future representations without the need to obtain any further or separate approval from you, as long as those representations described in (1) and (2) above are not substantially related to work has done, or is doing, for [client name]. Your signature below constitutes your consent to such representation(s). We agree not to use any proprietary or other confidential nonpublic information concerning [client] acquired by us as a result of our representation of you in connection with any litigation or other matter in which we represent a party directly adverse to you.
As we have discussed, XX may represent currently, or in the future, other public figures who may seek the same office (collectively, along with you, "potential candidates"). The firm may offer our other potential candidate clients similar engagements on similar terms. For purposes of this and the aforementioned engagements, our representation of all potential candidates will only be limited in that XX may neither appear in any public 'forum (court, FEC proceedings, etc.) adverse to any of the potential candidates that our Firm represents nor provide legal advice regarding potential legal violations by any of the potential candidates that our Firm represents. The Client agrees that it knowingly waives any conflict that this arrangement may pose.
XX represents many other companies, individuals and government agencies ("clients"). During the time we are representing [client name] we may be asked to represent:
(1) other present or future clients in transactions, litigation or other disputes directly adverse to [client name] that are not substantially related to our representation of you; and/or
(2) parties who are considered directly adverse parties in matters we handle for [client name]. Our work for these directly adverse parties would be in matters that are not substantially related to our work for you.
(3) you in future transactions, litigation or other disputes adverse to other firm clients in matters not substantially related to our work for the other firm clients.
We request your consent to allow XX to undertake such future representations without the need to obtain any further or separate approval from you, as long as those representations described in (1) and (2) above are not substantially related to work has done, or is doing, for [client name]. Your signature below constitutes your consent to such representation(s). We agree not to use any proprietary or other confidential nonpublic information concerning [client] acquired by us as a result of our representation of you in connection with any litigation or other matter in which we represent a party directly adverse to you.
As we have discussed, XX may represent currently, or in the future, other public figures who may seek the same office (collectively, along with you, "potential candidates"). The firm may offer our other potential candidate clients similar engagements on similar terms. For purposes of this and the aforementioned engagements, our representation of all potential candidates will only be limited in that XX may neither appear in any public 'forum (court, FEC proceedings, etc.) adverse to any of the potential candidates that our Firm represents nor provide legal advice regarding potential legal violations by any of the potential candidates that our Firm represents. The Client agrees that it knowingly waives any conflict that this arrangement may pose.
Business Issues: Signing Away Conflict of Interest Rights
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