Subject:
Title
Dual legal representation with Banker Lopez Gassler, P.A.
label
Recommended Action:
Recommended Action
Approval for the law offices of Banker Lopez Gassler, P.A. to engage in dual legal representation with Pinellas County and various other clients.
Delegate to the Chair the authority to execute the attached and any updated Waiver of Conflict of Interest.
Body
Strategic Priorities:
N/A
Summary:
Summary
As recognized in the Legal Representation of Multiple Clients Policy previously approved by the Board, outside legal counsel is prohibited from simultaneously representing Pinellas County and other clients in matters involving Pinellas County, unless otherwise approved by the Board at a Board meeting. Banker Lopez Gassler, P.A. (Firm) currently represents Pinellas County on an on-going basis as outside workers’ compensation counsel and represents Pinellas County in Giano v. Pinellas County, et al. case number 25-005638-CI as counsel provided by insurance and has previously represented Pinellas County as insurance provided counsel in matters which have successfully resolved. Given their role as insurance counsel, the Firm additionally represents multiple clients, as set forth in the Waiver of Conflict of Interest, which are co-defendants with Pinellas County in various personal injury matters.
Currently, the interests of the County and the Local Governments are not directly adverse; however, the Firm has noted that potential conflicts of interest exist and seeks the County’s informed consent and waiver of any conflict. The attached Waiver of Conflict of Interest reflects a comprehensive list of the current matters involving Pinellas County and the Firm. Should a situation arise in the future where there is a conflict of interest relating to this dual representation, including where the Firm is appointed by insurance to represent the interests of Pinellas County, the Rules of Professional Conduct would require the Firm to secure consent for the continued representation or withdraw from the representation, as appropriate.
It is recommended that the Board consent to this dual legal representation and authorize the Board Chair to execute this and any future similar Waiver of Conflict of Interest from Banker Lopez Gassler, P.A.
Body
Background Information:
The County Attorney Legal Representation of Multiple Clients Policy was originally approved by the Board on March 18, 2008, under agenda item no. 18, and an amended policy was approved by the Board on October 25, 2022, under Legistar Number 22-1808A.
Fiscal Impact:
N/A
Staff Member Responsible:
Jewel White, County Attorney
Christy Donovan Pemberton, Managing Assistant County Attorney
Keith Bentley, Director, Risk Management
Partners:
Risk Management
Attachments:
Waiver of Conflict of Interest
County Attorney Legal Representation of Multiple Clients Policy