Item C: City Legal Services - Who's the Client?

Home Browse Search

ECC UGENE ITY OUNCIL AIS GENDA TEM UMMARY Work Session: Who is the City Attorney’s Client? Obtaining Second Opinions on Legal Matters Meeting Date: April 9, 2007 Agenda Item Number: C Department: City Attorney Office Staff Contact: Glenn Klein www.glenn.klein@harrang.com Contact Telephone Number: 682.5080 ISSUE STATEMENT This work session is in response to questions from the Council about two issues related to legal services. First, who is the City Attorney’s client: the City Council, City Manager, or the City as a legal entity? And second, if the council desires to obtain a second legal opinion, how should that be accomplished? BACKGROUND The council previously has held work sessions related to some aspects of the City’s legal services. The two prior work sessions most closely related to the subject of this work session are the council’s discussion of conflicts of interest and the council’s referral of a Charter amendment related to an in- house city attorney. In 1999, the council asked for a work session on how the law firm addresses conflicts of interest involving the City. At that time, the council received evaluations from two attorneys – Robert Fraser (past president of the Oregon State Bar) and Brad Tellam (a Portland attorney specializing in legal ethics) – both of whom concluded that the firm’s handling of conflicts of interest comports with the State Bar’s requirements and that the law firm was handling conflicts correctly. Mr. Tellam participated in the council’s work session on that topic. In 2002, the council referred to the voters a number of Charter amendments (following the Charter Review Committee’s review of the Charter). One of the proposed Charter amendments would have required the City Manager to appoint an in-house city attorney to serve as chief legal advisor to the City Council and the manager. That Charter amendment was not approved. Who is the Client? Some councilors have suggested that it appears that the City Manager, rather than the City Council, is the client of the law firm. As the discussion below explains, the Oregon Rules of Professional Conduct (the rules adopted by the Oregon Supreme Court that govern the conduct of attorneys) provide that the client is the municipal corporation known as the City of Eugene, rather than any one part or official of the City. Rule 1.13 of the Oregon Rules of Professional Conduct (ORPC) states: “A lawyer employed or retained by an organization represents the organization acting through its duly authorized constituents.” It is the L:\CMO\2007 Council Agendas\M070409\S070409C.doc