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ASHIANDOFFICE
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Darrel R. Jarvis
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Writer's Assistant
Grate Gisseke
March 19, 2019
Via email
City of Central Point
do Chris Clayton, City Administrator
chris.clavtone .CAmtml52dintoreson.fmv
RE: CONFLICT WAIVER LETTER—Lease Negotiations with the
City of Central Point and Jackson County Library District
Dear Mr. Clayton:
As you are likely aware, this firm provides ongoing legal representation to
both you, the City of Central Point, and Jackson County Library District (JCLD).
We are writing to you regarding a potential conflict in this firm's representation.
The potential conflict relates to the negotiation of a new lease for the Central
Point Library branch building by JCLD from the City of Central Point.
The Oregon Rules of Professional Conduct, which apply to all Oregon
attorneys, do not allow our firm to represent both the City of Central Point and
JCLD on this matter without the informed consent of both parties based upon an
explanation of the material risks of and reasonable alternatives to consenting. This
means that we must discuss the pros and cons of consenting with both paries and
that we cannot proceed unless both parties agree to allow me to do so.
In this situation, clients are typically concerned about whether there is a
material risk that their confidences or secrets may be used adversely to them.
They may also be concerned about whether there is a material risk that the work
that the lawyer now proposes to do will unfairly or inappropriately undercut the
work that the lawyer does for that client. In the present context, we believe that
these risks are minimal and that our firm can continue to provide competent and
diligent representation to both parties. In the event a substantial disagreement
arose, we would advise that JCLD retain alternative counsel to resolve the
conflict.
Nevertheless, these are issues that you should consider for yourself. The
Oregon Rules of Professional Conduct require that we recommend that you
consult independent counsel prior to reaching a decision on this matter. You are
not obligated to consult such counsel if you do not wish to do so, however; the
choice is yours. If after reviewing this you do not consent to this film representing
both the City of Central Point and JCLD for this matter, the available alternatives
include JCLD retaining different counsel.
Please review this subject and let me know whether you are willing to
consent to this firm's representation of both the City of Central Point and JCLD in
City of central Point
March 19, 2019
Page 2
this matter. Please do not hesitate to contact me if there is any additional
information that I can provide in order to assist you in your review.
If you are willing to consent after such review as you deem appropriate,
please sign this letter and return it to me for my files.
Yours truly,
HUYCKE O'CONNNNNOO`fRJARVIS, LLP
JAC�'IJNICK
Consent to the terms outlined above is hereby granted.
Dated: 3/a dD/P C.Je—'�'.`�k-'1
Cityof entral Potrt1
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