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City of Santa Ana, as Successor Agency to <br />the former Community Redevelopment Agency <br />Re: Successor Agency to the Former Community Redevelopment Agency of the <br />City of Santa Ana Refinancing <br />June 28, 2016 <br />Page Two <br />The Firm will not be representing the Successor Agency in connection with any aspect of the <br />Transaction. The Successor Agency has engaged other counsel for the representation of the <br />Successor Agency in connection with such transaction. <br />Although we do not believe the Firm's prior and present representation of the Successor <br />Agency will be compromised by our representation of the Underwriter, the Successor Agency's <br />interest in this Transaction will obviously be adverse to those of the Underwriter. Under the ethical <br />standards discussed immediately below, we are required to bring this matter to your attention and to <br />obtain your consent before representing the Underwriter in connection with the proposed bond <br />transaction. <br />Rules of Professional Conduct <br />As attorneys, we are governed by specific rules relating to our representation of clients when <br />present or potential conflicts of interest exist. Rule 3 -310 of the Rules of Professional Conduct of the <br />State Bar of California provides, in relevant part, as follows: <br />(A) For purposes of this rule: <br />(1) "Disclosure" means informing the client or former client of the relevant <br />circumstances and of the actual and reasonably foreseeable adverse <br />consequences to the client or former client; <br />(2) "Informed written consent" means the client's or former client's written <br />agreement to the representation following written disclosure; <br />(3) "Written" means any writing as defined in Evidence Code section 250. <br />(B) A member shall not accept or continue representation of a client without providing <br />written disclosure to the client where: <br />(1) The member has a legal, business, financial, professional, or personal <br />relationship with a party or witness in the same matter; or <br />(2) The member lniows or reasonably should lmow that: <br />(a) the member previously had a legal, business, financial, professional, <br />or personal relationship with a party or witness in the same matter; <br />and <br />(b) the previous relationship would substantially affect the member's <br />representation; or <br />D 0 CS OC/1763956v4/029999 -0000 <br />3 -216 <br />