HomeMy WebLinkAbout2013-035 Letter - Legal Rep MAA-CoA
CITY OF
ASHLAND
LEGAL DEPARTMENT
David H. Lohman, City Attorney
Douglas M. McGeary, Asst City Attorney
Kris Bechtold, Paralegal
February 14, 2013
Mayor John Stromberg
City of Ashland
20 East Main'Street
Ashland, OR 97520
Re: Mt. Ashland Association Expansion
Our File No. 100.3K
Dear Mayor Stromberg:
As you know, the City Council has expressed interest in having me represent the City in matters
involving Mt. Ashland Association ("MAA") following the successful negotiation of an
agreement by which the City transferred the Forest Service Special Use Permit to MA-A.
Because my former partner Darrell Jarvis at Huycke, O'Connor, Jarvis & Lohman, LLP
represented MAA in Mt. Ashland Association v. City of Ashland, any work I do in the future for
the City on matters affecting the ski area could raise conflict of interest questions.
This letter is to explain why there is no such conflict and to request your assistance in reducing
the possibility that someone might mistakenly perceive such a conflict by formally consenting to
my representation of the City on future matters in which may affect MAA.
To ensure there are no misunderstandings, I have advised MAA of the full extent of my past
involvement in and knowledge of MAA matters during my tenure with my former law firm and
have obtained MAA's formal consent to my providing future legal services to the City.
Similarly, this letter is to advise the City of the full extent of my past involvement in and
knowledge of MAA matters, and to request the City's informed consent to my advising the City
on matters potentially affecting MAA.
When an attorney leaves a firm, the firm's clients technically become former clients of the
attorney. When that attorney thereafter assumes representation of an entity whose interests may
be adverse to those of such a former client, the attorney is obligated to notify the "new" client of
this past connection and provide a written statement on whether there is a material risk that any
loyalty to the former client may interfere with zealous representation of the "new" client.
LEGAL DEPARTMENT Tel: 541-488-5350 david.lohman@ashland.or.us
20 East Main Street Fax: 541-552-2092 legalcontractor@ashland.or.us
Ashland, Oregon 97520 TTY: 800-735-2900 bechtoldk@ashland.or.us
!;i IOU%POehCOn,umer Content
Mayor John Stromberg
City of Ashland
February 14, 2013
Page 2
In the present context, there is no possibility my past association with Mr. Jarvis, or with what
was then Huycke, O'Connor, Jarvis & Lohman, LLP, could disadvantage the City. I say this
because I did not perform any work of any kind for MAA and did not receive from Mr. Jarvis or
anyone else in the firm any information about MAA in greater scope or depth than that contained
in public news media articles. Therefore, I participated in representing MAA only in the
technical sense that one of my partners served as its attorney for a time without any involvement
or knowledge of confidential matters on my part.
After consulting with Oregon State Bar Association staff, I believe such consent is not required
from either the City or MAA in these circumstances. Nevertheless, putting such consent on the
public record might prevent possible future misunderstandings by third parties. Accordingly, I
ask that you carefully consider this matter and let me know whether the City is willing to provide
the consent below notwithstanding my previous law firm's representation of Mt. Ashland
Association.
If the City is willing to consent after such review and consideration by the City Council as you
deem appropriate, please sign the enclosed extra copy of this letter and return it to me for my
files.
Yo s rely,
David H. an '
City Attorney
Eric
I, Mayor John Stromberg, on behalf of the City of Ashland, hereby consent to David H.
Lohman's representation of the City of Ashland in matters of potential interest to Mt. Ashland
Association and waive any potential conflict arising from Mr. Lohman's partnership in a law
firm which has represented the Mt. Ashland Association in the past, the former Huycke,
O'Connor, Jarvis & Lohman, LLP.
Dated: 4A; 2013. CITY OF ASHLAND
a6ohnomberg, Mayor