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May 15, 2018 <br />Page 2 <br />I lei Oak <br />BEST BEST & KRIEGER <br />ATTORNEYS AT LAW <br />RULES OF PROFESSIONAL CONDUCT <br />Rule 3-310 of the California Rules of Professional Conduct provides in pertinent part: <br />(C) A member [of the Bar] shall not, without the informed written consent of <br />each client: <br />(1) Accept representation of more than one client in a matter in which <br />the interests of the clients potentially conflict; or <br />(2) Accept or continue representation of more than one client in a <br />matter in which the interests of the clients actually conflict; or <br />(3) Represent a client in a matter and at the same time in a separate <br />matter accept as a client a person or entity whose interest in the <br />first matter is adverse to the client in the first matter. <br />(D) A member who represents two or more clients shall not enter into an <br />aggregate settlement of the claims of or against the clients without the <br />informed written consent of each client. <br />OUR REPRESENTATION <br />As mentioned above, we represent Santa Ana and co-defendants Aliso Viejo, Lake <br />Forest, San Clemente, Stanton and San Juan Capistrano as city attorneys and general counsel. <br />We have assisted the co-defendant cities in engaging the law firm of Jones Day to represent their <br />interests in court and to serve as attorney of record in the Litigation. The terms of Jones Day's <br />engagement and the joint defense arrangement among the defendant cities is covered in Jones <br />Day's legal services agreement with the cities. We understand that attorneys from Santa Ana's <br />in-house legal department will represent Santa Ana in court and will serve as the attorneys of <br />record in the Litigation. <br />While the Litigation is pending BB&K will continue to provide Aliso Viejo, Lake Forest, <br />San Clemente, Stanton, San Juan Capistrano, and Santa Ana with various legal services as its <br />City Attorney on existing and future matters. As part of this agreement, BBK will provide <br />advice and counsel on issues relating to the subject matter of the Litigation, including, but not <br />limited to homelessness; the provision of social services to the homeless; arrests, property rights, <br />and other constitutional rights; statutes relating to housing and homeless shelters, joint services <br />agreements, and public finance ("the Subject Matter issues"). <br />55394.00000\31099521.1 <br />5/15/18 <br />