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$$ears that it is $ermissab!e for an attorney to re$resent more than one $arty to a ne%otiation, B+ *NL- #hen there is a reasonab!e certainty of a !ack of conf!ict of interests, and *NL- u$on the .IN/*(M' C*NN of both $arties)In fact, the /!orida Bar $rovides 4#hen a disinterested !a#yer #ou!d conc!ude that the c!ient shou!d not a%ree to the re$resentation under the circumstances, the !a#yer invo!ved cannot $ro$er!y ask for such a%reement or $rovide re$resentation on the basis of the c!ient"s consent)4In my !ast meetin% as a member of the B*' of CL Brumback, subse5uent to Mr (omane!!o"s tortious interference in my re!ationshi$ #ith the board, and defamin% comments about me .usin% my brin%in% an im$ortant techno!o%y to the attention of fe!!o# board members as a meta$hor for stea!in%, I said to my fe!!o# board members that they shou!d be#are of Mr (omane!!o sittin% side by side #ith the B*')I be!ieve Mr (omane!!o is $rimari!y an attorney for the &ea!th Care 'istrict of BC) hat #ou!d mean that his fiduciary duty is to the &C', and N* to the Brumback C!inics) If I am correct, in a!! the time that I sat on the B*', and re%ardin% a!! comments that Mr (omane!!o made at those meetin%s I attended, I cannot remember *N IN6NC of Mr (omane!!o cautionin% the B*', or advisin% that on any $articu!ar matter that the $arties need to consent to his mu!ti$!e re$resentation on each %iven matter)*bvious!y, there are some issues #hich #ou!d not $resent any $articu!ar conf!ict of interest bet#een the &ea!th Care 'istrict and the Brumback C!inics) N*7I&6N'IN8, /!orida (u!es of rofessiona! Conduct ru!e 9:1);.a #ou!d a$$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!!