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HOLMES GRAVEN <br /> CHARTERED <br /> Attorneys at Law JOHN M. LEFEVRE, JR. <br /> 470 Pillsbury Center, Minneapolis, Minnesota 55402 ROBERT J. LINDALL <br /> ROBERT A. ALSOP (612) 337 -9300 LAURA K. MOLLET <br /> RONALD H. BATTY BARBARA L.PORTWOOD <br /> STEPHEN J. BUBUL Facsimile (612) 337 -9310 JAMES M. STROMMEN <br /> JOHN B. DEAN JAMES J. THOMSON, JR. <br /> MARY G. DOBBINS LARRY M. WERTHEIM <br /> STEFANIE N. GALEY BONNIE L. WII.BINS <br /> CORRINE A. HEINE GARY P. WINTER <br /> JAMES S. HOLMES WRITER'S DIRECT DIAL DAVID L. GRAVEN (19291991) <br /> DAVID J. KENNEDY <br /> oF COUNSEL <br /> JOHN R. CARSON 337 -9215 ROBERT C. CARLSON <br /> WELLINGTON H. LAW <br /> CHARLES L. LEFEVERE ROBERT L. DAVIDSON <br /> October 16, 1992 (1( <br /> Ms Susan Hoyt <br /> City Administrator <br /> City of Falcon Heights <br /> 2077 West Larpenteur Avenue <br /> Falcon Heights, MN 55113 -5594 <br /> RE: Request for Proposal for City Attorney Position <br /> Dear Ms. Hoyt: <br /> We would like to thank you and the city council again for giving us the opportunity <br /> to meet with you for an interview on October 7th. Following that meeting, you asked <br /> for my comments on the potential for a conflict of interest which could arise because <br /> of the fact that we represent the adjacent City of Lauderdale. I thought it might be <br /> helpful to put some of these comments in writing for the benefit of the city council. <br /> Our representation of Lauderdale does create the potential for a conflict of interest <br /> situation to arise. For example, if one city sued the other, we would not be able to <br /> represent either party. In such a case, both cities would have to retain other legal <br /> counsel. Although the possibility of litigation between the two cities exists, the <br /> likelihood that it would every occur seems quite remote. <br /> In other situations involving Lauderdale, our firm might or might not have a conflict <br /> depending upon the circumstances. The Minnesota Rules of Professional <br /> Responsibility for attorneys recognize that there are circumstances when it is <br /> appropriate for an attorney to represent more than one client in a transaction. The <br /> lawyer may even act as an intermediary seeking to reconcile the divergent interests <br /> of two clients and, to a limited extent, acting as a spokesperson for each client. <br /> Attached is a copy of the provisions of Sections 1.7 and 2.2 of the Rules which deal <br /> with such situations. <br /> Whenever we are involved in dealings between two of our clients, we realize that we <br /> must be extraordinarily careful to avoid a conflict of interest or any appearance of <br /> a conflict. <br /> We are frequently called upon to be involved in dealings between our municipal <br /> clients. Apparently they feel that they are best served by having our office <br /> represent them in such cases For example, we often draft joint powers agreements <br /> between our municipal clients. This does not create a conflict situation primarily <br /> because the terms of the contract are negotiated not by our office on behalf of one <br /> of the cities, but by staff members of each city. We are not involved in advocating <br />