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MCDONOUGH, HOLLAND AND ALLEN
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Last modified
5/19/2025 3:51:40 PM
Creation date
9/18/2024 10:45:39 AM
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Contracts
Company Name
MCDONOUGH, HOLLAND AND ALLEN
Contract #
A-2001-089
Agency
Finance & Management Services
Council Approval Date
4/16/2001
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3. Standard Terms. Attached to this Agreement as Attachment No. 2 are the <br />Standard Terms of Attorneys' representation, The Standard Terms, along with the <br />terms set forth in this Agreement, constitute the entire agreement for Attorneys' <br />representation of Clients. in the event of any conflict between the Standard Terms and <br />the.terms of this Agreement, the terms of this Agreement shall control. <br />4. Confidentiality. Any and all communications and information may be <br />fully disclosed by Attorneys to all Clients. Although California state law requires that <br />an attorney not disclose confidential communications or secrets of a client without the <br />client's consent, special rules apply when two or more clients retain the same attorney <br />on a matter of common interest. Pursuant to Evidence Code section 962, in such a case, <br />none of the clients may claim a privilege as to a communication made to the attorney in <br />the course of the relationship when the communication is offered in a civil proceeding <br />between the clients. Each Client hereby expressly consents to such disclosure to other <br />Clients. Nothing in this provision is intended to authorize disclosure by Attorneys of <br />any confidential communications or secrets of any Client to any person or entity other <br />than the other Clients. All Clients hereby agree to take appropriate steps to prevent <br />disclosure of attorney -client communications and to miiumize the number of <br />individuals to whom such communications are disclosed in the course of the <br />representation. <br />5. Conflicts of'Tnterest. Clients .are informed that the Rules of Professional <br />Conduct of the State Bar of California (the "Rules") require, before an attorney may <br />concurrently represent two or more clients interested in the same matter, that the <br />attorney inform the clients in writing of the relevant circumstances and of the actual <br />and reasonably foreseeable adverse consequences to the clients. Clients are further <br />informed that the Rules require that, when the clients' interests potentially conflict, the . <br />attorney may not represent them without their informed written consent. Attorneys <br />have discussed with Clients the possibility of conflict that is raised in this matter due to <br />Attorneys' representation of such multiple Clients. Specifically, strategy decisions, <br />decisions concerning whether to accept a settlement offer, and the allocation of any <br />settlement amount, judgment or.verdict may result in a conflict of interest between and <br />among Clients. Moreover, representation of multiple clients increases the risk that <br />attorney -client privileged communications and attorney work product may be disclosed <br />to adverse parties and reduces each Client's individual control over the course of the <br />litigation. Each Client hereby consents to the multiple representation despite the <br />possibility of such conflicts and adverse consequences. Should a dispute arise among <br />the Clients as to strategic decisions, Attorneys will abide by the wishes of the majority <br />of the Clients unless the matter is one in which the courts recognize the right of <br />Attorneys to make the decision in the course of pretrial and trial proceedings. Should a <br />dispute arise as to the allocation of any settlement, Attorneys are barred from entering <br />into an aggregate settlement of claims without the- informed written consent of all <br />Clients. [Rule 3-310(D).] Further, if one or more Clients desire to take a position in the <br />litigation that is inconsistent with the position the other Clients wish to adopt, the <br />parties agree that the Client(s) in the minority shall obtain new counsel and Attorneys <br />shall substitute out of that representation; provided, however, the Client(s) in the <br />minority hereby waive any conflict of interest arising out of Attorneys' continued <br />representation of the majority of the Clients. Should such a circumstance arise, <br />MOR/RetainerAgmt 2 <br />
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