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CA Clients' Consent to Concurrent Representation (missing MWPA signature)Clients' Consent to Concurrent Representation Epstein + Holtzapple LLP ("the Firm") has been requested to represent the Marin Wildfire Prevention Authority ("MWPA"). Megan Acevedo will be the primary attorney working for the MWPA. Rob Epstein is a partner in the Firm. Mr. Epstein also serves as part-time City Attorney for the City of San Rafael ("the City"). We are seeking your consent to this concurrent representation. Under Rule 1.7 of the California Rules of Professional Conduct, a lawyer shall not, without informed written consent from each affected client, represent a client if there is a significant risk the lawyer's representation of the client will be materially limited by the lawyer's responsibilities to or relationships with another client. Pursuant to this rule, concurrent representation under such circumstances is permitted only if: (1) the lawyer reasonably believes that the lawyer will be able to provide competent and diligent representation to each affected client; (2) the representation is not prohibited by law; and (3) the representation does not involve the assertion of a claim by one client against another client represented by the lawyer in the same litigation or other proceeding before a tribunal. (Cal. Bar RPC, Rule 1.7(d)). The Firm and Mr. Epstein believe that the Firm's representation of MWPA and Mr. Epstein's representation of the City do not present such a "significant risk." Nevertheless, we note that the Firm believes that it will be able to provide competent and diligent representation to MWPA, while Mr. Epstein believes that he will be able to continue to provide competent and diligent representation to the City. This concurrent representation is permitted by law and does not involve the assertion of a claim by one client against the other in any proceeding before a tribunal. We do not anticipate the Firm's representation of MWPA to interfere with the work that Mr. Epstein does for the City. Mr. Epstein will continue to serve as City Attorney and work closely with City staff and officials to offer advice on a broad range of legal issues that impact the City, including land use, emergency response, open meeting laws, and public contracting. We similarly do not anticipate Mr. Epstein's representation of the City to interfere with the work that the Firm will do for MWPA. MWPA is a newly formed joint powers authority made up of 17 member agencies from across Marin, including the City. The Firm will serve as General Counsel for the MWPA and its Board of Directors. Ms. Acevedo will assist the Board and staff with legal issues related to government transparency, environmental compliance, and other questions that may arise as the Board develops and implements a comprehensive wildfire prevention and emergency preparedness plan for most of Marin County. The Firm and Mr. Epstein will ensure that each client's confidential information will not be shared. The Firm and Mr. Epstein are aware of no current conflicts of interest, though it is possible that a conflict could develop. If either client believes that they see a conflict of interest, or if either or both believe concurrent representation is no longer in their individual or joint interest, we ask that you notify the Firm and Mr. Epstein. If a conflict occurs, we will discuss the potential need for hiring outside counsel in relation to the conflict. Please be aware that MWPA and the City are invited to seek independent counsel at any time, regardless whether this consent form has been executed. Dated: / r EPSTEIN + HOLTZLLP By: Partner Client Consent F. I have read and understand this consent to concurrent representation . I have had adequate opportunity to review it, and to decide whether to discuss it with separate counsel. I consent to the concurrent representation on the conditions stated above. Dated: b R Ab,? -b CIT By: Dated: MARIN WILDFIRE PREVENTION AUTHORITY By: Bruce Goines President, Board of Directors