This restriction necessarily applies to other members of the new firm as well. The affected client may waive the lawyer's or the firm's disqualification after consultation. Many of the strictures of the rules may be waived by the client and consent given to a lawyer to proceed with representation which otherwise is proscribed. The consent can only be effectively given if it is informed, that is, after consultation between the lawyer and the client in which the lawyer is completely forthright in explaining the advantages and disadvantages to the client in undertaking or continuing the conflicted representation. Oftentimes a client should have the benefit of independent legal counsel.
Prudence dictates that the consent always be in writing.
The Lawyer's Belief. The inquiry the lawyer must make can only be answered by himself. Only he can know if the quality of his representation will be affected. An honest answer to this question provides the measure of the lawyer. Recognition must be given to the fact that a lawyer's reliance on his honest belief is likely to be challenged and if so, then the lawyer would have the burden of establishing that his belief was reasonable.