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When representing multiple clients, an engagement letter retainer agreement is essential. This agreement should reference a separate document detailing the conflict disclosure and waiver. It is recommended to have everything in writing, especially when navigating uncertain situations. The rules of professional conduct require that disclosures and consents are documented in writing. There's ambiguity regarding whether electronic communications suffice as "in writing," but due to the potential severe consequences of errors, it's advisable to obtain a traditional written signature. Ultimately, prioritizing written documentation over digital may mitigate risks associated with client representation.
