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.