HomeMy WebLinkAboutSCORE - Waiver of Conflict of Interest and Joint Defense Waiver of Conflict of Interest and Joint Defense Agreement
This agreement is made between the City of Auburn(hereafter"Auburn") and the South
Correctional Entity Multijurisdictional Misdemeanant Jail (hereafter"SCORE"), a properly
constituted public development authority
This agreement is made in connection with a potential tort claim arising out of events occurring
on or about June 1, 2012, in the City Pacific and involving Brandon Suhr. The parties recognize
the possibility of clairtis-and litigation arising against them as a result of these events and make
this agreement in anticipation of litigation.
Both parties have been fully and completely advised about the potential for conflicts of interest
in connection with any litigation. Such conflicts include, but are not limited to,the potential for
each party to attempt to assign fault to the other. Such attempts could be made by mustering
evidence and arguments. Attempts to assign fault may reduce one party's relative liability and
fiscal responsibility The parties acknowledge such attempts to assign relative fault will be
completely and fully waived under the terms of this agreement. The parties have considered the
costs and benefits of waiving conflicts of interest, and have determined that their common
interests, as well as other factors considered but not described herein,justify waving the conflict.
Both parties have consulted independent counsel and have not relied upon advice by Attorney
Andrew Cooley,the firm of Keating Bucklin& McCormack, or representatives from
Washington Cities Insurance Authority in making the decision to waive conflicts of interest.
The parties acknowledge common and mutual interests in defending against any such claim, and
intend to assert such common defenses. The parties will share information to advance this
common defense to their common attorneys and each other. Such information will be deemed
privileged attorney client and work product information as if it was shared to their own
respective attorneys. Such information will retain its status under the Public Records Act, and
said status will not be changed by participating in this common defense and by sharing such
information with each other or common counsel.
The parties acknowledge that they will be represented going forward with a common attorney or
attorneys. The parties acknowledge that this at or attorneys will have an equal duty of
loyalty to each party, and each party warrants they will take no steps and give no directions to
common counsel that would precipitate a violation of this duty of equal loyalty
Each party warrants that they representatives below have authority to execute this agreement and
bind their agencies.
City of Auburn SCORE
Dated: NOV 2 0 2012 Dated: