| Superintendent’s Authority to Waive Attorney-Client Conflicts of Interest |
The school board finds that from time to time, outside counsel for the board discovers that a conflict of interest may arise in a particular matter because that attorney currently represents, or has represented, a client with interests adverse to those of the school board. Many of these conflicts are insubstantial and are waivable under the Florida Bar Rules of Professional Conduct. The board finds that the efficiency of legal services for the board will be increased by delegating to the superintendent, as the board’s secretary and chief executive officer, the authority to waive such insubstantial conflicts.
Upon notice by outside counsel of a potential conflict of interest, the superintendent shall have the authority to waive any conflict designated as waivable under Florida Bar Rules 4-1.7, 4-1.8, or 4-1.9, which regulate the attorney’s acceptance of a client’s consent to representation by the attorney in spite of a conflict of interest with another of the attorney’s or the attorney’s law firm’s past or present clients.
Prior to exercising such waiver, the superintendent shall have received:
A written statement from the outside attorney indicating that the attorney reasonably believes that the attorney’s responsibilities to and relationship with the school board will not be adversely affected by the lawyer’s representation of the other past or current client who had or has interests adverse to the interests of the school board, and that the attorney’s representation of the school board will not adversely affect the attorney’s responsibilities to or relationship with the other client; and
Agreement from the chief counsel to the school board with the outside counsel’s recommendation to waive the conflict.
If the superintendent decides not to exercise this authority, the issue of waiver may be submitted to the school board for vote.
The superintendent will notify the board of all waivers signed under this authority.
STATUTORY AUTHORITY: | Fla. Stat. §§ 120.81(1)(a); 230.22(2); 230.23005(10) |
LAWS IMPLEMENTED: | Fla. Stat. §§ 230.23005(10); 230.22(4)&(5); 230.31, 230.32(4); 230.03(2) |
HISTORY: | 5/21/2001 |
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