Laserfiche WebLink
Attorney Reynolds explained that this is the reason why you <br />cannot have one lawyer in one firm representing a client and <br />another lawyer in the same firm suing that client. <br />Commissioner Bowman noted that in past experience she has <br />approached several reputable attorneys in this county requesting <br />their services and was turned down for the sole reason that their <br />colleagues in that firm had represented the adversary previously. <br />Attorney Vitunac advised that as soon as he received the <br />complaint, he phoned Attorneys Clem and Vocelle about a potential <br />conflict of interest. Both lawyers individually called him back <br />and strongly suggested that they did not see a conflict since <br />Attorney Vocelle represented only slip and fall cases and nothing <br />he knew would have any effect whatsoever on Attorney Clem's <br />position with the County. Attorney Vitunac advised that he took <br />that opinion to both his assistants and they did not see a glaring <br />conflict such that we would fight it strongly one way or another, <br />but Deputy County Attorney Will Collins later pointed out the same <br />rule that has just been read. The decision is up to the Board of <br />County Commissioners and his office was initiating a letter to <br />Attorney Clem telling him he would have to come before the Board <br />today to get permission to represent Prince since we took our <br />entire office out of this case for other reasons. The County <br />Attorney's office would have brought this matter before the Board <br />in due course just as it is being brought today. <br />Attorney Clem stated that he would be brief because his reason <br />is stated in his letter. He felt that Attorney Reynolds has pretty <br />much laid out that there is no direct conflict here. What it boils <br />down to is that Attorney Vocelle represents the County in accident, <br />slip and fall cases, but he, himself, has never represented the <br />County. In cases of this type where there is no evidence of direct <br />conflict, the Rules Regulating the Florida Bar state that you can <br />have members of the same law firm either suing or being in an <br />adversarial standpoint with the consent of the client. Attorney <br />Clem felt that if there is no direct conflict, the Board should <br />grant them the consent to proceed with this. When Mr. Prince first <br />contacted him, he talked to Commissioners Scurlock, Bird and <br />Wheeler and talked to Commissioners Bowman and Eggert on the <br />telephone. From the very beginning of representation, they were <br />involved with Mr. Prince as they walked through the proceeding. <br />Since the filing of the lawsuit, there was no real conflict. <br />Attorney Clem noted that this is a technical vote, and if the Board <br />doesn't want them to continue, all they have to do is vote against <br />them. If the Board does vote to allow them to continue, he could <br />assure everyone that he would get to the truth of this. <br />51 <br />MAR 17 199 G��r,e <br />K <br />L <br />