16-105.01 Ogden Murphy Wallace: Mobilitie 1( -I S.o I
OLDEN RECEIVED OGDEN MURPHY WALLACE,PLLC 7206.447.7000 OMWLAW.COM
901 FIFTH AVENUE,SUITE 3500 F 206.447.0215
M U F\P H Y JAN 3 0 2017 SEATTLE,WA 98164.2008
WALLACE CITY OF SPOKANE VALLEY
LEGAL DEPARTMENT
AT ORNEYS
W. Scott Snyder
206.447.2260
ssnyder@omwlaw.corn
January 23, 2017
City of Spokane Valley
c/o Cary Driskell
11707 East Sprague Avenue, Suite 103
Spokane Valley,WA 99206
Re: Potential Conflict of Interest Waiver
Dear Cary:
Since the commencement of the Mobilitie Consortium additional member cities have joined. Though
each Engagement Letter contains a potential conflict of interest waiver, we are asking that each
member city of the Mobilitie Consortium execute this waiver so that we may continue to represent all of
the cities as members of the consortium.
The cities attached,as Exhibit A are currently,memhers,of the,Mobilitie Consortium. We.will no longer
be adding additional cities following this notification.
•
Under Rule 1.7 of the Rules of Professional Conduct, a lawyer may not represent a client if the
representation of that client will be directly adverse to, or may be materially limited by the lawyer's
responsibilities to another client, a former client, or third person, unless the lawyer reasonably believes:
that he/she will be able to provide competent and diligent representation to each affected client; the
representation is not prohibited by law; and the representation does not involve the assertion of a claim
by one client against another client represented by the lawyer in the same litigation or other
proceeding. The Washington Rules of Professional Conduct require us to consult with each of you to
explain the conflict and the potential for a breach of confidential information and to obtain your consent
to our representation. A risk of common representation is"tharthere could arise a future conflict
between the parties. In the event of a future conflict, Ogden Murphy Wallace, PLLC will withdraw from
further representation in this matter and will only represent those cities that we represent
independently of the Mobilitie Consortium as City Attorney. However, if we have acquired confidential
knowledge or information about any of the other Consortium jurisdictions that could be used to the
benefit of those cities with regard to the conflict, we will withdraw from further representation of all
parties as it relates to the conflict. Obviously, our firm will at all times take all reasonable steps to
safeguard the confidentiality of all of your affairs as you each may require. ,
We have concluded that the interests of each Party are aligned such that at present there is no actual
conflict of interest between the cities withregard to the activities performed on behalf of the Mobilitie
Consortium. We will, however, be available to discuss any reservations that any of~youmay have
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City of Spokane Valley
January 23, 2017
Page 2
regarding these matters. We also recommend that you review this letter with other counsel before
making a decision, but you are not obligated to do so if you do not wish to.
If the statements contained in this letter meet with your approval,we ask that you execute the enclosed
copy of this letter,date it,and return it to Ogden Murphy Wallace for our files.
Very truly yours,
OGDEN MURPHY WALLACE, P.L.L.C.
if
. 'Cott SI der Elana R. Zana
CONSENTED TO THIS 7 "'DAY OF " b r'u/;yy , 2017
CITY OF SPOKANE VALLEY
4/k_ Cediti*yv
BY:
elf-Ymamir
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City of Spokane Valley
January 23, 2017
Page 3
EXHIBIT A
LIST OF CONSORTIUM CITIES
City of Bellevue
City of Kent
City of Kirkland
City of Mountlake Terrace
City of Redmond
City of Mukilteo
City of Puyallup
• City of Mount-Vernon
City of Ellensburg
City of Spokane Valley
City of Gig Harbor
City of Issaquah
City of Walla Walla
City of Renton
City of Bremerton
City of Lake Steven
City of Richland
City of Oak Harbor
City of Des Moines
City of Bothell
City of Snohomish
City of Stanwood
City of Federal Way
City of Kennewick
City of Burien
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