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3/17/1992
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3/17/1992
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Meetings
Meeting Type
Regular Meeting
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Minutes
Meeting Date
03/17/1992
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together that week. He was not suggesting that Commissioner <br />Wheeler would or wouldn't do anything in terms of conveying or <br />whatever, but he felt there is a significant conflict. <br />Commissioner Scurlock pointed out that only two Commissioners <br />were lobbied on this issue, himself and Commissioner Wheeler, but <br />Chairman Eggert interjected that they tried to contact her but she <br />wasn't available. <br />Commissioner Scurlock stated that his personal feeling is that <br />there is a problem and, therefore, is supportive of Attorney <br />Reynolds who is representing us collectively, not individually. We <br />hire attorneys for advice, and he felt we should follow it. <br />Commissioner Wheeler wished to address the innuendo and point <br />out an inaccuracy. Neither Mr. Prince nor Attorney Clem visited <br />him, nor did they lobby him. He received the documentation on the <br />case in the same manner as the rest of the Commissioners did. It <br />simply was handed to him. Further, the only conference that he was <br />even present at was when Mr. Prince and Attorney Clem met with our <br />full staff and he simply sat in as an observer. <br />Commissioner Wheeler didn't see a conflict with two lawyers in <br />the same firm coming from different directions, but wished to hear <br />from our legal staff as to their opinion in this matter. <br />Attorney Vitunac advised that he would speak to the matter if <br />the Board wished. <br />Attorney Reynolds first pointed out Rule 4-1.10 under Rules <br />Regulating the Florida Bar regarding Imputed Disqualifications: <br />RULE 4-1.10 IMPUTED <br />DISQUALIFICATION; <br />• GENERAL RULE <br />(a) While lawyers are associated in a firm, none <br />of them shall knowingly represent a client when any <br />one of them practicing alone would be prohibited <br />from doing so by rule 4-1.7, 4-1.8(c), 4-1.9, or 4-2.2. <br />(b) When a lawyer becomes associated with a <br />firm, the firm may not knowingly represent a per- <br />son in the same or a substantially related matter in <br />which that lawyer, or a firm with which the lawyer <br />was associated, had previously represented a client <br />whose interests are materially adverse to that per- <br />son and about whom the lawyer had acquired infor- <br />mation protected by rules 4-1.6 and 4-1.9(b) that is <br />material to the matter. <br />(c) When a lawyer has terminated an association <br />with a firm, the firm is not prohibited from there- <br />after representing a person with interests material- <br />ly adverse to those of a client represented by the <br />formerly associated lawyer unless: <br />(1) The matter is the same or substantially relat- <br />ed to that in which the formerly associated lawyer <br />represented the client; and <br />(2) Any lawyer remaining in the firm has infor- <br />mation protected by rules 4-1.6 and 4-1.9(b) that is <br />material to the matter. <br />(d) A disqualification prescribed by this rule mi <br />be waived by the affected client under the con# <br />tions stated in rule 4-1.7. <br />50 <br />
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