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HomeMy WebLinkAbout0003 i --— ,- – I ��� (.�//V/� �: �� ; '� � � � ; � �� � � " � r :' i I � %'� i ��j�<`. � � � ' � � Office of the City Attorney Roger A.Lubovlch,City Attomey Te1360-473-2345 Fax 360-473-5161 345 6th SVeet,Suite 600 Bremerton,WA 98337-1873 February 7, 2012 Adam Brockus President Bremerton Transportation Benefit District Dear President Brockus: As you know, the Bremerton Transportation Benefit District("the TBD") is a quasi- municipal corporation created by the City of Bremerton("the City") to provide a fundirig source to maintain and preserve city streets. I believe the most efficient and practical way to represent the TBD is to have the Bremerton City Attorney represent the TBD and the City,jointly. While the benefits of a joint representation of the TBD and the City may be obvious to you(cost efficiency, easy access to legal advice, etc.), there are also certain potential disadvantages that generally exist any time the same lawyer jointly represents two or more parties. Though they are remote and theoretical at this time, it is important that you understand these disadvantages that may arise in representing two entities in a transaction. It is my ethical obligation to advise you of these possibilities. The first disadvantage involves the sharing of information between the clients. All communications between the City Attorney's Office and its clients are confidential under the attorney-client privilege, and these communications cannot be disclosed to any third parties without the client's consent. In a joint representation this remains true, but the privilege is shared among the jointly represented parties. This means that any confidential information can be kept from the world at large, but must be shared among the joint clients. Thus, any information the City shares with me will be deemed received by the TBD. In turn, any information the TBD shares with me will be deemed received by the City. The second drawback to joint representation is that a conflict of interest may one day surface between the clients. For obvious reasons, I do not see that as a significant risk with the TBD, and to be clear, there is no current conflict of interest. I am comfortable that I can represent all the parties in this case without any conflicts of interest. Nevertheless, because there is always the possibility that a conflict of interest could arise at some time between the TBD and the City, I can only represent the TBD if the TBD agrees(1) '� Page 2 February 16, 2012 such representation will not interfere with my right to continue representing the City and(2)that I may discontinue representing the TBD if, in my judgment, continuing to do so would potentially jeopardize my right to represent the City. If, at any time in the future, I conclude that there is a conflict of interest that precludes continued joint representation, I will promptly advise the TBD of that belief and withdraw from representing the TBD and the City in any matter related to the TBD. Similarly, if at any time you believe the TBD's interests would be better served by separate representation, you will promptly advise me and the TBD will have the opportunity to select its own attorney while I continue to represent the City. If, after reviewing this letter, you wish me to represent the TBD and the City jointly, please sign and date the enclosed copy of this letter and return it to me. If you have any questions at all regarding my responsibilities in representing both the TBD and the City, please feel free to contact me directly. Sincerely, oger A. Lubovich City Attorney � BREMERTON TRANSPORTATION BENEFIT DISTRICT C%���, � `Z �o /Z Adam Brockus Date President Approved by the Transportation Benefit District Board February 15, 2012.