Loading...
HomeMy WebLinkAboutFoster Garvy i mC CO WVBCG- A I\- 0\5 Foster { , 1111 Third Avenue Direct:(206)447-6406 Suite 3000 Fax:(206)749-1962 Seattle,WA 98101 a.schwartzman@foster.com II February 1,2021 I VIA EMAIL Mr.Timothy Whitehead Chief Deputy Prosecuting Attorney Mason County, Washington 411 N 5 h Street Shelton, Washington 98584 TimW@co.mason.wa.us Re: Foster Garvey Conflict of Interest — Housing Authority of Mason County Intergovernmental Agreement Dear Mr.Whitehead: We are writing you to ask consent from Mason County, Washington (the"County") to certain conflicts of interest that Foster Garvey P.C. ("FG") has in connection with a proposed intergovernmental agreement (the"Agreement") between the County and the Housing Authority of Mason County (the"Authority"). We understand that the County and the Authority wish to enter into an arrangement under which the County will provide certain support to the Authority, and we have been asked to represent the Authority in connection with the negotiation and drafting of the Agreement to document this arrangement. FG serves as bond counsel to the County in connection with its financings. However, we will not be serving as counsel to the County in connection with the proposed Agreement. Our representation of the County in other matters creates a conflict of interest. As you know,the Washington Rules of Professional Conduct prohibit a lawyer, and all members of that lawyer's firm, from representing a client in a matter that is adverse to another client. However,the Rules allow clients to waive these conflicts of interest when: (a) the lawyer reasonably believes the representation of the one client will not adversely affect the relationship with the other client; (b) the representation is not prohibited by law; (c)the representation does not involve the assertion of claims by one client against another client in a proceeding in which the lawyer is representing both clients; and (d)all clients consent in writing after full disclosure of the material facts. We have considered the conflicts presented here, and we believe it appropriate to seek waiver of this conflict. One of the risks in these situations is that confidential information of one client may be inadvertently passed on to the other client. We believe that risk will not be present for the County in these matters because we would not be representing the County in connection with the Agreement, and it is unlikely that we would obtain confidential information from the County that could be disclosed to its disadvantage. Further, we anticipate that the County will be represented by other outside counsel, and/or the County Prosecutor's Office, in connection with the Agreement and we will not have access to those Mr.Timothy Whitehead February 1,2021 Page 2 files or the County's confidential information relating to this matter, which should reduce the possibility of the inadvertent transfer of such information. Another risk is that the firm will not appropriately represent the interests of one client out of fear of offending another client. We feel this risk is not present here because we are involved with parties who understand our job is to represent our client to the best of our ability, and further because we anticipate that the County will be represented by other counsel in connection with the Agreement. Although we anticipate that the transaction will proceed amicably, it is possible that disagreements may arise in the future. If that occurs, and if those disagreements cannot be resolved, either the County or the Authority may terminate its waiver. In that event, FG may not be able to continue with this matter. If you wish to waive the conflict of interest to allow FG to represent the Authority in connection with the negotiation and drafting of the Agreement, and to continue to represent the Authority and the County in unrelated matters,please sign this letter in the space provided below and return it to me. Thank you for considering this request.As always,please call if you have any questions. Sincerely, FOSTER GARVEY P.C. Allison C. Schwartzman MASON COUNTY,WASHINGTON By Its Unaw tl Dated this��day of F ,2021.