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6410r 10 119 <br />BOOK Sal <br />JUDGE SMITH'S RULING RE: CLEM POLACKWICH & VOCELLE / PRINCE <br />CONTRACTING CO.. INC <br />The Board reviewed the following letter dated 3/11/92: <br />45G, DISTRIBUTION LIST r <br />CLEM, POLACKWICH & VOCEJILEu::siuuers Li <br />ATTORNEYS AT LAW A:Imin.shator <br />•PaTN11-1,' N Atturney <br />Pao ONAL &ec( toN� s c.i Pei ..unnel Sur=r Ani <br />CiHE MJ N \ Public arks UNIVEST BymwNO <br />ALAN S OLACa CH. Sa. P. A.��� DIAN ltrYEa BDur•EVASD <br />Communit�'�°�.y. <br />Lours B. Ja ; P �. ! .: Eno BEAC, FLoarDA 32960.4278 <br />Utilities <br />JAMES A. TAYLDa• Finutice <br />y <br />RoDEaT GOLDEN Other _ z�rri <br />Or CouNasL FAX (407) 562-2870 ^� <br />'B"ao CcennsD IN Cim Taut. Puma March 11, 1992 <br />Commissioner Carolyn K. Eggert, Chairman <br />Board of County Commissioners <br />Indian River County, Florida <br />1840 25th Street <br />Vero Beach, Florida 32960 <br />RE: Prince Contracting Company, Inc. v. Don C. Scurlock, <br />Jr., et al. <br />Dear Chairman Eggert and Commissioners: <br />As you undoubtedly know, a motion was filed in the above <br />lawsuit to disqualify the lawfirm of Clem, Polackwich & Vocelle <br />from representation of Prince Contracting Company, Inc. A copy of <br />the motion is attached for your easy reference. <br />The sole 'basis for the motion to disqualify this f <br />L.B. Vocelle represents the County in several unrelated <br />claims filed against the County. These are the typical <br />fall or automobile crash cases. <br />rm is that <br />accident <br />slip and <br />It should be apparent, there is no overlap or connection <br />between the cases being handled on a case by case contract basis by <br />Mr. Vocelle and the action to set aside a bid award in which I <br />represent Prince Contracting Company, Inc. <br />In cases of this type where there is no possibility of <br />exchange of privileged information within a firm that would <br />adversely affect a client (the County) the Bar rules permit <br />representation of other clients whose interests could be adverse. <br />A prerequisite for this firm to continue representation of Prince <br />Contracting Company, Inc. as determined by Judge Charles Smith in <br />a hearing, is to obtain the consent of the client (the County) to <br />the firm's representation. <br />From the inception of this firm's representation of Prince <br />Contracting Company, Inc., both Mr. Vocelle and I believed we had <br />taken all steps necessary to cover the consent issue through <br />discussions with the county attorney's office. Regardless of any <br />�rl <br />