HomeMy WebLinkAboutWaiver - Contract AgreementDirect Phone: 206.447.2887
kinnon.williams@foster.com
May 5, 2023
VIA EMAIL AND U.S. MAIL
Cheryl Beyer
City of Renton
1055 S. Grady Way
Renton, WA 98057
cbeyer@rentonwa.gov
Re: Segale Properties LLC - Conflict Waiver
Dear Cheryl:
The City of Renton (“the City”) has requested that Foster Garvey advise the City on the transfer
of easement from Segale Properties, LLC (“Segale”) to the City. Foster Garvey represents Segale in
unrelated matters. The proposed representation of the City gives rise to a conflict of interest since Segale
is considered adverse in the transfer of the easement.
In accordance with Washington’s Rules of Professional Conduct, our firm may not represent
another client adverse to a current client without the informed consent of each affected client. Although
our representation of Segale and the City are unrelated, Rule 1.7 of the Rules of Professional Conduct
nevertheless precludes Foster Garvey from representing one client regarding its interests adverse to those
of another client unless: (1) we reasonably believe that we will be able to provide competent and diligent
representation to each client and (2) each client gives informed consent. This means that the firm must
explain to the Segale and the City the material risks.
In deciding whether to consent, the City should consider whether Foster Garvey’s representation
of Segale in unrelated matters might adversely affect the City. For example, clients that are asked to waive
or consent to conflicts typically should consider whether there is any material risk that their attorneys will
be less diligent advocates on their behalf due to the conflict. Similarly, clients should consider whether
there is any material risk that their confidences will be used to their detriment.
In the present case, we do not believe that there is a material risk of either type because Foster
Garvey’s representation of the City is unrelated to Foster Garvey’s representation of Segale, and all
clients’ confidences are maintained. You should, however, review this issue from the City’s perspective
CAG-23-179, Waiver
May 5, 2023
Page 2
and, we encourage you to consult independent counsel. If you have any questions you would like me to
answer before you reach a decision, please let me know.
If you agree to waive the conflict of interest described above please sign below and return this
letter to me at your earliest convenience.
Sincerely,
FOSTER GARVEY PC
Kinnon W. Williams
Of Counsel
KWW:cmh
Enclosure
CONSENT GIVEN:
CITY OF RENTON
By:
Title:
Date:
FOSTER GARVEY PC
Kinnon W Williams
Mayor Armondo Pavone
5/11/2023
Attest:
Jason A Seth, City Clerk
FG: 101441342.2
Washington State RPC RULE 1.7
Conflict of Interest; Current Clients
(September 1, 2006)
(a) Except as provided in paragraph (b), a lawyer shall not represent a client if the representation
involves a concurrent conflict of interest. A concurrent conflict of interest exists if:
(1) the representation of one client will be directly adverse to another client; or
(2) there is a significant risk that the representation of one or more clients will be materially
limited by the lawyer's responsibilities to another client, a former client or a third person or by a
personal interest of the lawyer.
(b) Notwithstanding the existence of a concurrent conflict of interest under paragraph (a), a lawyer may
represent a client if:
(1) the lawyer reasonably believes that the lawyer will be able to provide competent and diligent
representation to each affected client;
(2) the representation is not prohibited by law;
(3) 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 before a tribunal; and
(4) each affected client gives informed consent, confirmed in writing (following authorization
from the other client to make any required disclosures).