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DISTRIBUTION LIST • <br /> January 27, 1993 <br /> Page 2 <br /> Joint representation of all-of the cities in this case has certain advantages. It allows <br /> the cities to present a united defense to the allegations and provides significant cost <br /> savings to the individual cities.. Joint representation does, however, create some - <br /> potential risks.. The most significant risk would.be that sometime-later in the case <br /> an=-actual- conflict-could develop -between-some-of the defendants-: If--the actual <br /> - -conflict adversely-affected-our-relationship-with-another-defendant;we would-have <br /> no option except to withdraw from representation in the case. Potentially, this <br /> would include withdrawal from representing any of the defendants. <br /> In making your decision as to whether you want to have joint representation, you <br /> should also keep in mind the.law regarding confidentiality among joint clients. When <br /> a single attorney represents joint defendants, there is no confidentiality among the <br /> clients themselves. In other words, whatever a particular client discloses to the <br /> attorney can be disclosed to the other clients. (There is, of course, confidentiality <br /> as to any third parties.) <br /> You should also be aware that our firm represents four of the cities (Brooklyn <br /> Center, Crystal, New Brighton and Robbinsdale) as general counsel. We also <br /> represent several of the other cities as special counsel in litigation and bond <br /> matters. We are also appointed by the League of Minnesota Cities Insurance Trust <br /> to defend lawsuits on behalf of Trust cities. Therefore, if a dispute about coverage <br /> arose between any of the defendants and the Trust, it would not be appropriate for <br /> us to represent either side on that issue. <br /> Based on my review of the case, I believe that our firm's representation of each of <br /> you will not adversely affect our responsibility to the other cities. I am, therefore, <br /> enclosing a consent form for each city to sign agreeing to joint representation. Each <br /> of the cities should discuss this issue with its attorney or other independent counsel <br /> before signing the agreement. (I am also enclosing a draft resolution for your use. <br /> Please feel free to modify it as you see fit.) <br /> We do not believe that there will be any significant additional attorneys' fees <br /> incurred in representing the individual cities that would not otherwise be incurred <br /> as a result of defending MPRS. If this changes because of developments in the <br /> lawsuits, we would let the affected cities know immediately. We, therefore, propose <br /> to bill MPRS for our services, and the fees would be allocated to its members on <br /> whatever basis the MPRS Board determines is fair. <br /> If any of you have any questions concerning any issues pertaining to this matter, <br /> please feel free to contact me,or Charlie LeFevere and we will be happy to discuss <br /> them with you. <br /> Sincerely, <br /> 4Ja es . Thomson <br /> :jes • <br /> Enclosure <br /> asra7e7e <br /> HPiio-i <br />