TO: Board of Supervisors
FROM: Sheryl L. Bratton, County Counsel
REPORT BY: Thomas Zeleny, Chief Deputy
SUBJECT: Waiver of potential conflict of Best Best & Krieger LLP, outside counsel for Napa County on concessions at Lake Berryessa
RECOMMENDATION
title
Approve and authorize a waiver of potential conflicts within the law firm of Best Best & Krieger LLP, which assists the County on matters related to the development of concessions at Lake Berryessa, and may represent the City of Napa regarding a space license agreement with the County Library. (No Fiscal Impact)
body
BACKGROUND
Nancy Park, a partner with the law firm of Best Best & Krieger, LLP, ("BBK") assists Napa County on matters related to the development of concession areas at Lake Berryessa. BBK also represents the City of Napa as its Interim City Attorney on a variety of municipal matters. One of these matters involves a proposed space license agreement whereby the City will provide space, utilities and certain concrete and electrical improvements to the County to accommodate a Napa County Library Holds Locker and Return Bin for library books at the City-owned Las Flores Community Center. The County would reimburse the City for the costs of utilities used for this space. These matters on which BBK represents the City and the County are completely unrelated.
The State Bar of California publishes Rules of Professional Conduct governing lawyers licensed in California. Rule 1.7 prohibits a lawyer from representing a client when "the lawyer has, or knows that another lawyer in the lawyer's firm has, a legal, business, financial, professional, or personal relationship with or responsibility to a party or witness in the same matter" unless the lawyer provides the client with a written disclosure of the relationship and obtains the client's written consent. Nancy Park has provided a written disclosure of the relationship between the lawyers in her firm and the City of Napa in her letter included with this ...
Click here for full text