COUNTY COUNSEL'S OFFICE - B. THOMPSON

Approve attorney conflict of interest waiver procedure.

SBC FILE NUMBER: 160

The State Bar Rules for attorneys require written consent of both clients when an attorney accepts representation of more than one client in a matter in which the interests of the clients potentially conflict.

The purpose of this agenda item is to approve a procedure related to approval of potential attorney conflict of interests. This arises when an attorney desires to represent another client and there could be a potential conflict of interest between the client's respective interests.

Recommended Procedure:

County Counsel is hereby delegated authority to waive a potential conflict of interest when an attorney desires to represent another client with an interest that is potentially adverse to the County.

For actual conflicts, when the interests of the clients (the County and the other client represented by the attorney) actually conflict, the conflict of interest question would be presented to the Board of Supervisors for approval. 

Conclusion:

The above procedure is consistent with the procedure in another Bay Area County.

We do have a pending request by Nadia Costa, who previously represented the County in land use matters to represent a private client in matters currently before LAFCO and the City of Hollister. 

Approve the following procedure:

Procedure for Waiver of Attorney Conflicts of Interest

County Counsel is hereby delegated authority to waive a potential conflict of interest when an attorney desires to represent another client with an interest that is potentially adverse to the County.

For actual conflicts, when the interests of the clients (the County and the other client represented by the attorney) do actually conflict, the conflict of interest question would be presented to the Board of Supervisors for approval.