Loading...
HomeMy WebLinkAboutContract 1313-1 CONSENT TO DUAL REPRESENTATION The law firm of Green,de Bortnowsky&Quintanilla,LLP("Firm")serves as City Attorney for the City of District("Cathedral City") and as General Counsel for the Palm Springs Cemetery District("District"). Cathedral City and the District have each requested that the Firm represent its interests in connection with preparing an Agreement for Cathedral City Fire Department's Use of the District's Buildings ("Agreement"). The undersigned representatives of each party acknowledge that the Firm's dual representation of the parties creates an actual or reasonably foreseeable conflict of interest,in that the interests and objectives of Cathedral City may be inconsistent with the interests and objectives of the District. The undersigned acknowledge that they have been informed of the possible consequences of these conflicts and of their right to consult independent legal counsel before signing this consent. The undersigned desires continued representation by the Firm and, therefore, consents and gives approval to such representation,with the understanding that neither agency will be charged for the Firm's services for the Agreement where a potential conflict exists. City of Cathedral City By: ■ 9 . Dated: /-3 D " Roderick ood, Inte 'm City Manager Palm Springs Cemetery District B Dated: /� athleen Jurasky.i i istrict Maria r Direct E-mail Address: squ intani 1l a@gdglaw.com January 29, 2014 Reply to: Rancho Mirage Office Kathleen Jurasky, District Manager Palm Springs Cemetery District 31705 Da Vall Dr. Cathedral City, CA 92234 Roderick J. Wood, Interim City Manager City of Cathedral City 68700 Avenida Lalo Guerrero Cathedral City, CA 92234 Re: Disclosure of Conflict and Client Consent to Continued Dual Representation in the Agreement for Use of Palm Springs Cemetery District Building by Cathedral City Fire Department for Training Dear Ms. Jurasky and Mr.Wood: The law firm of Green, de Bortnowsky& Quintanilla, LLP ("Firm") serves as City Attorney for the City of Cathedral City ("Cathedral City") and as General Counsel for the Palm Springs Cemetery District("District"). Cathedral City and the District staff have asked the Firm to represent both parties for services in connection with review of the Agreement for Cathedral City Fire Department's Use of the District's Buildings ("Agreement"). The Firm's dual representation of Cathedral City and the District creates an actual or reasonably foreseeable conflict of interest, in that the interests and objectives of one client may be inconsistent with the interests and objectives of the other client. Pursuant to Rule 3-310 of the California Rules of Professional Conduct(a copy of which is attached),the Firm may concurrently represent clients whose interests conflict,provided said clients have provided their informed written consent. The Firm's dual representation of both Cathedral City and the District with respect to the Agreement may result in the following conflicts: • The Firm may be asked to review and/or prepare terms and conditions of the Agreement which may favor one client over the other; Kathleen Jurasky, District Manager Palm Springs Cemetery District Roderick J. Wood, Interim City Manager City of Cathedral City January 29, 2014 • Cathedral City and the District may disagree as to the resolution of problems that occur in connection with the Agreement and may seek legal advice as to available remedies against the other; • The parties may give the Firm conflicting instructions regarding the Agreement; and • In cases of dual representation,there is no attorney-client privilege between or among the dual clientsl, so that dual representation may result in a waiver of both clients' attorney-client privilege with respect to the Agreement. The attached consent form acknowledges that you have been advised of Rule 3-310 and of the actual or reasonably foreseeable conflicts associated with your respective interests; that you have been advised of the Firm's present and continuing relationship with both clients in this matter; and that you nevertheless desire that the Firm represent Cathedral City and the District in connection with the Agreement. You are advised to seek independent legal counsel prior to executing the consent form enclosed herewith. If you consent to permit the Firm to represent you with regards to the Agreement, please sign and return the attached consent form, and neither party will be billed for the Firm's services on the Agreement where a potential conflict exists. Very truly yours, Green, de Bortnowsky& Quintanilla, LLP 411, / Steven B. Quint. ' ., 'artner P:\APPS\WPDATA\PSCD\0001 General\DOC\252-PSCD and CATH Conflict Waiver(1.24.14).doc 1 California Evidence Code section 962 and California case law. Rule 3-310 Avoiding the Representation of Adverse Interests (A) For purposes of this rule: (1) "Disclosure"means informing the client or former client of the relevant circumstances and of the actual and reasonably foreseeable adverse consequences to the client or former client; (2) "Informed written consent" means the client's or former client's written agreement to the representation following written disclosure; (3) "Written" means any writing as defined in Evidence Code section 250. (B)A member shall not accept or continue representation of a client without providing written disclosure to the client where: (1) The member has a legal, business, financial, professional, or personal relationship with a party or witness in the same matter; or (2) The member knows or reasonably should know that: (a)the member previously had a legal, business, financial, professional, or personal relationship with a party or witness in the same matter; and (b)the previous relationship would substantially affect the member's representation; or (3) The member has or had a legal, business, financial, professional, or personal relationship with another person or entity the member knows or reasonably should know would be affected substantially by resolution of the matter; or (4) The member has or had a legal, business, financial, or professional interest in the subject matter of the representation. (C)A member shall not, without the informed written consent of each client: (1)Accept representation of more than one client in a matter in which the interests of the clients potentially conflict; or (2)Accept or continue representation of more than one client in a matter in which the interests of the clients actually conflict; or (3) Represent a client in a matter and at the same time in a separate matter accept as a client a person or entity whose interest in the first matter is adverse to the client in the first matter. (D) A member who represents two or more clients shall not enter into an aggregate settlement of the claims of or against the clients without the informed written consent of each client. (E)A member shall not, without the informed written consent of the client or former client, accept employment adverse to the client or former client where, by reason of the representation of the client or former client, the member has obtained confidential information material to the employment. (F) A member shall not accept compensation for representing a client from one other than the client unless: (1) There is no interference with the member's independence of professional judgment or with the client-lawyer relationship; and (2) Information relating to representation of the client is protected as required by Business and Professions Code section 6068, subdivision(e); and (3) The member obtains the client's informed written consent, provided that no disclosure or consent is required if: (a) such nondisclosure is otherwise authorized by law; or (b)the member is rendering legal services on behalf of any public agency which provides legal services to other public agencies or the public.