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_I <br />BOOK <br />Attorney Lyman Reynolds recounted that he was retained on <br />behalf of the five individual County Commissioners who are being <br />sued in their official capacity by Prince Contracting Company. He <br />explained that when you sue the Board members individually in their <br />official capacity, you are in effect suing Indian River County and, <br />in effect, affecting the taxpayers and the taxpayers' money. He <br />brought the Motion to disqualify the law firm of Clem, Polackwich <br />& Vocelle from representation of Prince Contracting Company on <br />behalf of IRC when he learned that Attorney Vocelle was presenting <br />the County in 5 or 6 automobile or slip and fall cases. Conflict <br />of Interest Rule 4-1.7 of the Rules Regulating the Florida Bar <br />states: <br />(a) A lawyer shall not represent a client if the <br />representation of that client will be directly adverse to the <br />interests of another client, unless: <br />(1) The lawyer reasonably believes the representation <br />will not adversely affect the lawyers responsibilities <br />to and relationship with the other client and <br />(2) Each client consents after consultation. <br />Attorney Reynolds wished to make it absolutely clear that at <br />no point was there a belief on his part that Attorneys Clem and <br />Vocelle did not reasonably believe they have a position which <br />adversely affected the County, and he is not disputing their <br />beliefs or their thought that allowed them to continue in the <br />representation of Mr. Prince in this matter. The reason for his <br />motion is the fact that he believed that it is adverse to the <br />people of Indian River County and requires the Board's permission <br />to allow Attorney Clem to continue in his representation. In <br />essence, the judge accepted the position which was that he did not <br />disagree with Attorney Clem's reasonable belief in proceeding <br />through this point, but clearly the conflict of interest <br />regulations require the Board's permission. Each of the five <br />County Commissioners is being sued in his/her capacity as Board of <br />County Commission members as a group, so the judge ruled that it <br />would take a majority vote to allow Attorney Clem to continue in <br />his representation of Mr. Prince. As a majority, the Board is <br />speaking for the County, which is the official capacity in which <br />the Commissioners have been sued. <br />Attorney Reynolds stated that as he sees it, there is a direct <br />adverse position between Attorney Clem's representation of Mr. <br />Prince seeking a permanent injunction against the County which will <br />affect the taxpayers, the revenue bond, and the income that will be <br />brought into the county through the golf course. If the <br />48 <br />