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Florida Rule 4-1.7(a)

Florida Rule 4-1.7(a)

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Published by Mike Trout
Mr. Nick Romanello should not be seated at the CL Brumback Board of Directors table.
Mr. Nick Romanello should not be seated at the CL Brumback Board of Directors table.

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Published by: Mike Trout on Nov 12, 2013
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11/29/2013

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Mr Chris Irizzary, and November 12, 2013Members of the BoardCL Brumback rimary Care C!inics
Re: Attorney Conduct
I"m a !itt!e bit troub!ed by #hat a$$ears to be some b!urrin% of boundary issues #ith res$ect to the $resence of &ea!th Care 'istrict attorney Nick (omane!!o at CL Brumback Board of 'irectors meetin%s) *ften $refacin% his remarks #ith the c!aim that he is the "attorney for the c!inics," it a$$ears to me, in my o$inion, that Mr (omane!!o may be vio!atin% some serious ethica! ru!es re%ardin% attorneys re$resentin% mu!ti$!e $arties simu!taneous!y)It a$$ears that it is $ermissab!e for an attorney to re$resent more than one $arty to a ne%otiation, B+ *NL- #hen there is a reasonab!e certainty of a !ack of conf!ict of interests, and *NL- u$on the .IN/*(M' C*NN of both $arties)In fact, the /!orida Bar $rovides 4#hen a disinterested !a#yer #ou!d conc!ude that the c!ient shou!d not a%ree to the re$resentation under the circumstances, the !a#yer invo!ved cannot $ro$er!y ask for such a%reement or $rovide re$resentation on the basis of the c!ient"s consent)4In my !ast meetin% as a member of the B*' of CL Brumback, subse5uent to Mr (omane!!o"s tortious interference in my re!ationshi$ #ith the board, and defamin% comments about me .usin% my brin%in% an im$ortant techno!o%y to the attention of fe!!o# board members as a meta$hor for stea!in%, I said to my fe!!o# board members that they shou!d be#are of Mr (omane!!o sittin% side by side #ith the B*')I be!ieve Mr (omane!!o is $rimari!y an attorney for the &ea!th Care 'istrict of BC) hat #ou!d mean that his fiduciary duty is to the &C', and N* to the Brumback C!inics) If I am correct, in a!! the time that I sat on the B*', and re%ardin% a!! comments that Mr (omane!!o made at those meetin%s I attended, I cannot remember *N IN6NC of Mr (omane!!o cautionin% the B*', or advisin% that on any $articu!ar matter that the $arties need to consent to his mu!ti$!e re$resentation on each %iven matter)*bvious!y, there are some issues #hich #ou!d not $resent any $articu!ar conf!ict of interest bet#een the &ea!th Care 'istrict and the Brumback C!inics) N*7I&6N'IN8, /!orida (u!es of rofessiona! Conduct ru!e 9:1);.a #ou!d a$$ear to re5uire the $arties consent on each %iven and se$arate matter)*f course, the u!timate arbiter of #hether or not Mr (omane!!o is in vio!ation of the /!orida Bar"s ethics ru!es is the /!orida Bar)My caution to the Brumback B*' is to be di!i%ent in $rotectin% your interests, and the interests of the $atients you are bound to serve) 7hen I #as on the B*', I #as in the $rocess of reachin% out to the community to find a $otentia! Board member to nominate #ho #as a!so an attorney)6t the very !east, I #ou!d caution a%ainst Mr (omane!!o havin% an actua! $!ace at the Board"s tab!e) he $resence of Mr (omane!!o at the Board"s tab!e may $ro<ect an incorrect $erce$tion to the $ub!ic .and indeed, to the B*', that Mr (omane!!o has an e=c!usive and fiduciary re!ationshi$ #ith the CL Brumback B*') 6s far as I kno#, that is N* the case)Be!o#, find some additiona! information from the /!orida Bar re%ardin% ru!e 9:1);.a)(u!e 9:1);.a, /!orida (u!es of rofessiona! Conduct %enera!!y $rovides that attorneys may not re$resent a c!ient if the re$resentation of that c!ient #i!! be direct!y adverse to the interests of another c!ient, un!ess.1 the !a#yer reasonab!y be!ieves the re$resentation of that c!ient #i!! not adverse!y affect the !a#yer"s res$onsibi!ities to and re!ationshi$ #ith the other c!ient> and.2 each c!ient consents after consu!tation)46s set forth in the Comment to (u!e 9:1);, !oya!ty to a c!ient $rohibits an attorney from undertakin% re$resentation direct!y adverse to that c!ient or another c!ient"s interests #ithout the affected c!ient"s consent) 6 c!ient may consent to re$resentation #here there is some conf!ict or $otentia! conf!ict after fu!!

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