REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF THE COUNTY OF SAN BERNARDINO
AND RECORD OF ACTION
September 15, 2020
FROM
MICHELLE D. BLAKEMORE, County Counsel
SUBJECT
Title
Waiver of Conflict of Interest with Silver & Wright LLP Law Firm
End
RECOMMENDATION(S)
Recommendation
1. Approve Waiver and Consent that approves the waiver of actual or potential conflict of interest arising out of the representation of the County of San Bernardino by the Silver & Wright LLP law firm associated with Pickett v. County of San Bernardino, et al., case number CIVDS 2012607.
2. Authorize the County Counsel or Chief Assistant County Counsel to execute the Waiver and Consent of the actual or potential conflict of interest.
(Presenter: Michelle D. Blakemore, County Counsel, 387-5455)
Body
COUNTY AND CHIEF EXECUTIVE OFFICER GOALS & OBJECTIVES
Operate in a Fiscally-Responsible and Business-Like Manner.
FINANCIAL IMPACT
This item will not result in the use of additional Discretionary General Funding (Net County Cost). The costs for the legal services provided by Silver & Wright LLP (S&W) are included in the Risk Management 2020-21 budget.
BACKGROUND INFORMATION
Two lawsuits against the County arose from a 2015 death, a federal action titled Dominic Archibald, et. al. v. County of San Bernardino, et. al. (Case No. 5:16-cv-01128-AB-SPx) ("Archibald") and a related state case entitled Nathanael Pickett v. County of San Bernardino, et. al. (Case No. CIVDS1618482) ("Pickett 1"). The County was represented by Silver & Wright LLP ("S&W"), in Pickett 1, and another law firm represented the County in Archibald. Archibald was settled with a Release of All Claims ("Release") being executed by plaintiff. That Release allegedly contained confidential information that was improperly disclosed in court filings in Pickett 1.
Based on the asserted disclosure, the plaintiff in Pickett 1 filed Pickett v. County of San Bernardino, et al., case number CIVDS 2012607 ("Pick...
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