HomeMy WebLinkAboutWilson, Brent - Clallam Co. Common Interest Agreement - 021122 (RM signed by PH) .�d 1 nt- 4/c fat(apt
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COMMON INTEREST AGREEMENT ,
This Common Interest Agreement (this Agreement), is between Counties who
sign this Agreement and the Washington Counties Risk Pool(collectively,the parties).
1. This Agreement confirms the agreement among the parties regarding
communications and exchange of information and documents related to their common
interest in potential claims against the parties or their elected officials, employees or
volunteers (and their marital communities) made by Brent Wilson or persons with whom
Mr.Wilson is cooperating(the Claims).
2. The Washington Counties Risk Pool has agreed to defend the Claims,
under a reservation of rights. Duncan Fobes of Buchanan Fobes & Leitch Inc. P.C.
(Fobes) has been appointed to serve as counsel to defend the Claims by the
Washington Counties Risk Pool, representing Jefferson County, Clallam County and
all the individual persons related to the counties against whom the Claims have been
made. The parties accept Fobes as joint counsel. As of the date Fobes was appointed
for Jefferson County and its related persons, the parties agree that the attorney's fees
and costs of Buchanan Fobes & Leitch Inc. P.C. shall be allocated between Clallam
County and Jefferson County equally for purposes of self-insured retentions and past
claim expenses to determine premiums to be charged for future memoranda of
liability coverage issued by the Washington Counties Risk Pool.
3. The parties have exchanged, and plan in the future to exchange, oral and
written information for purposes of their common interest (Common Interest
Information). Common Interest Information shall mean the past and continued sharing of
certain documents, information, factual materials, mental impressions, memoranda,
communications with clients and other information, whether oral or written, that would
otherwise be subject to the attorney-client, attorney work product, or the joint defense
privilege doctrines. For purposes of this Agreement, Common Interest Information shall
expressly exclude all information generated by each party that is not otherwise
privileged. When Common Interest Information is shared among the parties, the parties
shall treat as privileged and confidential the fact that any such information was shared
under this Agreement.
4. Disclosure of Common Interest Information shall be limited to the parties,
other counties who share the common interest and their counsel, employees and agents of
counsel, and consultants and experts subject to the further provisions of this Agreement.
5. All disclosures of Common Interest Information among the persons
identified in Section 4 shall not constitute a waiver of e any privilege from disclosure,
including, but not limited to, the attorney-client privilege and the attorney work product
privilege.
6. Execution of this Agreement constitutes the parties' mutual agreement that
any consultations among the parties or their attorneys, and any sharing of Common
Interest Information, including, but not limited to, pooling of work product or other
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confidential information, are reasonably necessary for the accomplishment of the purpose
for which attorneys for the parties have been consulted and retained. Any consultations
among the parties and their counsel, and any sharing or pooling of work product or other
Common Interest Information, are in reliance on the common interest doctrine.'
7. The execution of this Agreement is the parties' agreement that the
contents of all Common Interest Information that is attorney-client privileged information
or attorney work product shall be maintained in strictest confidence and used only for
purposes of the common interests identified in Section 1.
8. The parties agree that this Agreement will not be used as evidence in any
hearing, action, or proceeding against any and all of the parties, except for interpretation
of the Agreement itself.
9. Nothing in this Agreement shall be construed to affect the separate and
independent representation of the parties by respective counsel. Each attorney sharing
Common Interest Information only represents their client who is a party to this
Agreement and does not represent any other party.
10. Each party to this Agreement waives any claim it might have for
disqualification of counsel for other parties based on access to any Common Interest
Information. This Agreement recognizes that there may be adversity among some or all
of the parties.
11. Any party may withdraw from this agreement on seven-days written
notice to all of the undersigned counsel. Any such withdrawal will be solely on a
prospective basis, and any Common Interest Information exchanged prior to such
withdrawal shall continue to be governed by the terms of this Agreement.
12. The parties agree that this Agreement may be executed in counterparts and
that additional parties may be added by additional signature pages.
(SIGNATURES ARE ON THE FOLLOWING PAGES)
I Sanders v. State, 169 Wash. 2d 827, 853,240 P.3d 120, 134(2010);Broyles v. Thurston Cty., 147 Wn.
App. 409,442, 195 P.3d 985, 1002(2008);and, Waller v.Financial Corp. of America, 828 F.2d 579, 583
n.7(9th Cir. 1987)("The joint defense privilege,which is an extension of the attorney client privilege,has
been long recognized by this circuit").
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AGREED TO AND ACCEPT
ED:
WASHINGTON C TIES RISK POOL
)_//- 1�
_C oyd Date
Director—Risk&Claims
CLALLAM COUNTY WASHINGTON
Eliz&Ct.(7 c5-t� February 10,2022
eth Stanley Date
Chief Civil Deputy Prosecuting Attorney
JEFFERSpN COUNTY WASHINGTON
n ( i
v ~� January 21, 2022
Philip C. Hunsucker, Date
Chief Civil Deputy Prosecuting Attorney
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