Attorneys -- City Attorneys e-Group

 

About the California City Attorneys E-mail Listserv

Welcome to the League of California Cities' City Attorneys e-mail listserv.

This e-mail listserv is intended to facilitate communication and information sharing for attorneys representing cities.

Participation in this e-mail listserv is subject to the user agreement set forth below, and messages posted to the listserv are moderated prior to posting. All persons posting to this listserv are responsible for their own postings. Membership in this e-mail listserv may be withdrawn at the sole discretion of the officers of the City Attorneys Department.

Thank you for being a part of this group. If you have any technical difficulties, please contact listserv moderator Patrick Whitnell at
(916) 658-8281.

To see the collection of prior postings to the listserv, visit the Attorneys Archives. (The current archive is only available to the list members.)

Using the California City Attorneys E-mail Listserv
To post a message to all the listserv members, send email to attorneys@.

You can subscribe to the listserv, or change your existing subscription, in the sections below.

Subscribing to the California City Attorneys E-mail Listserv

Subscribe to the Attorneys listserv by filling out the following form. By submitting a request for subscription, you agree to be bound by the user agreement set forth below. This is a closed list, which means your subscription will be held for approval. You will be notified of the list moderator's decision by email. This is also a private list, which means that the list of members is not available to non-members.

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USER AGREEMENT FOR CALIFORNIA CITY ATTORNEYS LIST SERV

This user agreement (“Agreement”) applies to an email listserv for the use of California City Attorneys ("CCA") and their attorney staff. The CCA listserv (“listserv”) is moderated by League of California Cities staff and the City Attorneys’ Department officers. Upon completing the registration process and verification of eligibility, you will become an authorized user of the listserv (“listserv member” or “member”) and will be responsible for complying with the terms and conditions of this Agreement. Please read this Agreement carefully and consult it frequently.

Purpose

The purpose of the listserv is to allow authorized users to post information, provide feedback and interact with others on legal issues of interest to attorneys representing California cities. The listserv provides a forum for open discussion and exchange of information and knowledge on legal issues facing municipal attorneys, including all attorneys eligible for membership as outlined below, practicing in the State of California. The listserv is intended to be a confidential forum pursuant to the common interest/joint defense doctrine, the attorney work product doctrine and, as applicable, the attorney-client privilege. As such, the listserv is where attorneys can share their impressions, conclusions, opinions, research and theories and obtain input, comments, support and constructive criticism from other qualified attorneys with like interests in the subject matter.

Professional Responsibility

All listserv members should exercise sound judgment and discretion in the information they post. Participation in the listserv does not authorize members to act in conflict with the Rules of Professional Responsibility with regard to the disclosure of client confidences. (See Rule 3-100 and Bus. & Prof. Code § 6068(e)(1).)

User Eligibility

Use of the listserv is a privilege afforded to those members who meet the following eligibility requirements:

•All California city attorneys and their attorney staff who represent a city as an assistant, deputy or similar official designation. The position of an attorney designated as an assistant, deputy or similar official designation by a contract city attorney must be verifiable, and the designated attorney’s assignment must be more than a nominal part of that attorney’s practice.

•Attorneys devoting a substantial portion of their practice to the representation of cities, in general or in a specialized area of municipal law such as personnel, finance, land use, etc.

•Retired or former city attorneys who represent special districts or other public entities (e.g., joint powers authority) with approval of the City Attorneys’ Department officers.

•Retired or former city attorneys who remain actively engaged in the practice of municipal law, representing cities.

All of the above eligibility requirements are qualified by the limitation that the practice of each attorney seeking to be a member does not include regularly initiating litigation against cities or representing clients whose interests are adverse to cities, as outlined below. This limitation does not apply to city-versus-city issues. To “regularly initiate litigation against cities” means either of the following:

•The member has filed lawsuits against more than one city within a 12-month period from the date of the first lawsuit filed, or has filed more than one lawsuit against the same city within a 12-month period from the date of the first lawsuit filed; or

•Twenty-five percent (25%) or more of the practice of the member’s firm, measured in time worked, is devoted to litigation against cities. To “represent clients whose interests are adverse to cities” means either of the following:

a. Twenty-five percent (25%) or more of the practice of the member’s firm, measured in time worked, is devoted to representing private clients in advancing legal principles that are adverse to cities’ clearly recognized and commonly held interests; or

b. Representing a private client in a proceeding necessitating the advancement of legal principles adverse to cities’ clearly recognized and commonly held interests in an appellate, legislative or rule making proceeding that would establish a rule of law affecting all cities.

Notwithstanding the foregoing, an attorney who is otherwise eligible to be a listserv member, except for his or her law firm having a history of regularly initiating litigation against cities or representing clients whose interests are adverse to cities, is eligible to be a member of the listserv if:

•there is an appropriate screening wall prohibiting access to the listserv or listserv information between the attorney’s municipal practice group and the rest of the firm; and

•the attorney acknowledges and promises that by joining the listserv, he or she will not share listserv posts with other members of the firm, unless expressly authorized to do so by the Department officers or by the post’s author, and further agrees that his or her obligation to the listserv and his or her city (or other public entity) client(s) supersedes any alleged competing obligations to partners, other firm clients or any other person.

County Counsel and attorneys in their offices are not eligible to be listserv members except for attorneys who work for the San Francisco City Attorney’s Office.

Eligibility Determinations

The above eligibility criteria are intended to provide guidance for users and potential members of the listserv and are not intended to be the exclusive means of determining initial or continued eligibility. All proposed members must apply to become members of the listserv and by applying are self-certifying their eligibility under the criteria set forth above. Further, each member by maintaining his/her membership is certifying to his/her continuing eligibility.

The City Attorneys’ Department officers retain the discretion to refuse or revoke eligibility or to continue eligibility based on their determination whether the individual attorney or his or her firm is complying with the intent of the User Agreement and with the goal of ensuring the ongoing confidentiality of communications within the listserv. Any dispute regarding eligibility as a member will be resolved by the City Attorneys’ Department officers. The determination of the Department officers is final and not subject to appeal.

Confidentiality

The exchange of information on the listserv is intended to be confidential and listserv postings are considered to be privileged and protected attorney work product, whether related to litigation or non-litigation matters. Listserv members are “collaborating parties” for purposes of the attorney work product doctrine. All listserv members, as attorneys advising cities and other public entities, have a common interest in securing legal advice related to the same subject matter. And as such, they have a reasonable expectation that all information disclosed on the listserv will remain confidential, and they agree that disclosures on the listserv are reasonably necessary for the accomplishment of the purpose for which the listserv member either sought advice from colleagues or was consulted. Furthermore, the limited disclosure of attorney work product via the listserv is consistent with the members’ collective intent to safeguard the privacy of their work product because this limited disclosure is reasonably necessary to advise and represent their clients competently and zealously.

Each attorney, by applying to be a listserv member and, once approved, by being a member, expressly acknowledges and promises and agrees to the following:

•To maintain the confidentiality of the information posted on and obtained through the listserv. If a listserv member is a member of a law firm, the member further promises and agrees to maintain the confidentiality of the information as against the member’s law firm and the firm’s partners/shareholders and associates.

•Not to forward or share listserv posts or information with others unless expressly authorized to do so by the Department officers or the post’s author. Notwithstanding the foregoing, a member may update his/her city (or other public entity) clients, who the member represents on the listserv, on new laws, best practices, new cases and other pertinent information the member learned from the Listserv without attributing the same to the listserv or a particular member.

•Listserv members have a strong and mutual interest in maintaining the confidentiality of their work product and their communications on the listserv.

•All members are “collaborating parties” as to listserv posts for purposes of the attorney work product doctrine.

•The limited disclosure of attorney work product via the listserv is consistent with the members’ collective intent to safeguard the privacy of their work product because the limited disclosure is reasonably necessary to advise and represent their clients competently and zealously.

•The common interest/joint defense doctrine applies to each member’s participation on the listserv. As such, all members have a common interest in securing legal advice related to the same subject matter, all members have a reasonable expectation that all information disclosed on the listserv will remain confidential, and disclosures on the listserv are reasonably necessary for the accomplishment of the purpose for which the listserv member was seeking advice or was consulted.

•If a listserv member is a member of a law firm that has a history of regularly initiating litigation against cities or representing clients whose interests are adverse to cities (see above guidelines), such listserv member further acknowledges and promises and agrees to the following:

•To establish an appropriate screening wall prohibiting access to the listserv or listserv information between the member’s municipal practice and the members or practice groups of the firm that represent interests adverse to cities; and

•Not to share listserv posts with other members of his/her firm unless expressly authorized to do so by the Department officers or the post’s author, which obligation to the listserv and the city or cities or other public entities the member represents supersedes any alleged competing obligations to the member’s partners/shareholders and associates, other firm clients or any other person.

Current Listserv Membership:

The names of listserv members will be posted on the City Attorneys’ Department web page and may be updated on a periodic basis, preferably quarterly.

Representation Adverse to Another City:

All members agree as follows:

a.In the event that a listserv member commences representation of a party seeking a permit or some other administrative or legislative approval from another city, the member must, to the extent consistent with the member’s ethical duty to his or her client, immediately notify the city attorney of that representation.

b.In the event that a listserv member is or becomes engaged in a dispute or lawsuit representing a party (private or other public entity, including another city) adverse to a city’s interest, the member must, to the extent consistent with the member’s ethical duty to his/her client, immediately notify the city attorney of the adverse representation. In addition, the member must agree in writing: (1) not to discuss the subject matter of the adverse representation on the listserv during the pendency of the dispute or lawsuit; and (2) not to read emails (posts) regarding the subject matter of the adverse representation. If there is an inadvertent disclosure of confidential information about the matter, the member shall not read the post, shall delete it and shall not use it for any purpose. A copy of this signed written agreement shall be provided to the City Attorneys’ Department officers. The Department officers shall have complete authority and discretion to resolve any dispute between opposing members regarding listserv access during the pendency of the relevant dispute or lawsuit. Whatever agreement or decision is reached, the members agree that the confidentiality of all posts and the applicability of the attorney work product and the common interest/joint defense doctrines remain in full force and effect as set forth in this User Agreement.

Postings

All listserv members make a commitment not just to obtain information but also to contribute to the discussion on the listserv.

Each member, by seeking membership and participating in the listserv, acknowledges that the moderator and the League of California Cities do not control the information available on the listserv and that opinions, statements, services or other information or content presented or disseminated on the listserv are those of the respective authors, who are solely responsible for their content. All listserv members are responsible for their own communications and are responsible for any consequence of posting their communications.

The listserv moderator may edit all posts for space, and any post may be rejected if deemed inappropriate.

The listserv moderator will reject posts where the subject line is empty. Listserv members should take care to ensure that only posts intended for distribution to the listserv are transmitted to the listserv.

Because emails are transmitted electronically, it is impossible to guarantee the confidentiality of posts, and members should be cognizant of that fact in posting to the listserv.

Best Practices

The following are best practices that all members are encouraged to observe.

•Subject line for listserv posts should start with a descriptive action or alert followed by topic.

Examples –

Question – Statutory interpretation – density bonus law

Ordinance - model requested - massage therapy regulations

New case alert – San Juan Capistrano – tiered water rates

Job posting – San Jose – Deputy City Attorney

Announcement – League Webinar – Workplace Investigations

Survey – City Attorney compensation

•To the extent reasonable, members are requested to reply to an existing post or employ the same subject line consistently instead of starting new discussions on an existing different topic.

•Please consider listserv volume – is a response most useful to the individual or to the group?

•Every post should include a signature block that includes the name, title if applicable, the city (or other entity) representing and contact information, including phone number and reply email. The Listserv moderator may reject posts not containing such identifying information.

•New members should post an introduction, as follows:

o Subject line: Introduction – new member – name

o Content: Short background statement (in-house or with a firm; other introductory information) and contact information.

Termination of Membership

Any member’s participation in this listserv may be terminated at any time at the sole discretion of the City Attorneys’ Department officers or upon recommendation of the listserv moderator to the Department officers, without right of appeal. Causes for termination include engaging in sharing information received on the listserv in contravention of this Agreement or to the detriment of another public agency, disseminating irrelevant postings (including spam advertising) and no longer meeting the eligibility requirements for membership. It is each member’s responsibility to notify the listserv moderator if his or her eligibility changes such that he or she is no longer entitled to membership.

Distribution of any listserv posting, in whole or in part, to persons not listserv members, unless expressly authorized to do so by the Department officers or the post’s author, is strictly prohibited and is a basis for termination of listserv membership.