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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.