3/17/1992 - Laserfiche WebLink

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