KING & SPAULDING LLP - Laserfiche WebLink

Home Browse Search

City Attorney's Office for Santa Ana May 27, 2020 Page 4 confidential information by creating an ethical wall between our personnel working on and confidential information relating to our work for you and our lawyers working on and confidential information pertaining to our work for AT&T. We will block access by lawyers working for AT&T to documents and information in our electronic document management system and archives pertaining to this matter, and vice versa, and will instruct the lawyers in writing that they may not seek, disclose, or take into account in their work for the client to which they are assigned any confidential information of the other client, and they are to direct their ethical and professional obligations to the client in the matter to which they are assigned. These protections are meant to avoid the risks of diminished loyalty and compromised confidences. We are prepared to answer your questions and recommend you obtain advice of counsel independent of our firm about this consent because we may not advise you on this topic. Your countersignature of this letter or instructing us in a matter will signify your understanding of this conflict of interest, your agreement not to use the firm's representation of you to disqualify the firm from representing AT&T in the lawsuit, and consent to our representing you and AT&T subject to our adherence to these conditions. The firm's representation of you in this matter does not give rise to an attorney/client relationship between the firm and any other ministries, departments, bureaus, agencies or instrumentalities or individuals, unless we agree otherwise in writing, and you agree that representing you does not create a conflict of interest with any such non -represented entities or individuals in the event we represent other clients adversely to their interests. You also agree that neither an attomey/client relationship nor a basis for a conflict of interest will arise solely from your providing us with confidential information about any such non -represented entities or individuals. 6. Firm Privilege. If issues come up concerning our professional or ethical duties and rights concerning our work for you, we may seek privileged and confidential advice from internal firm lawyers or external legal counsel with relevant responsibility or expertise. Courts have reached different views on the applicability of privilege and confidentiality between clients and their lawyers unless the lawyer first terminates its relationship with its client in order to obtain privileged and confidential advice, which may turn out to be necessary. The firm believes that the view of courts and commentators endorsing lawyers' right to assert privilege in those circumstances provides benefits to both the firm and the client. You agree that, if we consult internal or external legal counsel in these circumstances about our work for you, you will not assert a right to learn the content of such advice even if it concerns a question of actual or potential professional liability, professional conduct, or other claim that might be considered a conflict of interest or breach of duty. This paragraph does not alter our obligations to you in such a circumstance. 7. Additional Terms. a) No Lobbying. It is understood that the firm is not being retained in this matter to engage in any activities, and will not during the scope of this agreement engage in any activities on behalf of you, including political, public relations, or lobbying activities, that would require registration under the Lobbying Disclosure Act (LDA) or the Foreign Agents Registration Act (FARA). W ORKAMER\36922579.v1