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13.0 LEGAL REPRESENTATION <br /> 13.1 General. <br /> 13.1.1 Legal services related to the ORCA System may be obtained from various sources, <br /> including without limitation: <br /> 13.1.1.1 Staff of the designated Regional ORCA Operations Team (ROOT) may be <br /> advised and represented by lawyer(s) of the ROOT Agency in accordance <br /> with Subsection 13.2; <br /> 13.1.1.2 Staff of a designated Regional Service Provider may be advised and <br /> represented by lawyer(s)of the Regional Service Provider in accordance with <br /> Subsection 13.3; <br /> 13.1.1.3 The Joint Board may retain legal counsel in accordance with Subsection <br /> 13.3; <br /> 13.1.1.4 The Agencies may jointly retain legal counsel in accordance with Subsection <br /> 13.4; or <br /> 13.1.1.5 Each Agency's legal counsel may provide advice to all the Agencies on a <br /> particular matter. <br /> 13.1.2 Notwithstanding the possible provision of legal services in connection with the Agencies' <br /> common interests as provided by one or more of the lawyers identified in Subsection <br /> 13.1.1, nothing in this Agreement shall preclude an Agency from employing or retaining <br /> its own lawyer to advise and represent it in relation to its individual interests. <br /> 13.1.3 The Agencies expect they will share common interests on matters related to the ORCA <br /> System. In order to avoid duplication of effort and costs for legal services needed in <br /> support of their common interests, the Agencies desire to be able to share the legal <br /> services provided by their various lawyers, without any waiver of confidentiality doctrines <br /> and privileges with respect to persons or entities other than the Agencies. Absent a <br /> conflict of interest between any of the Agencies on a specific matter, the Agencies may <br /> request that lawyer(s) representing one or more of the Agencies also represent the <br /> common interests of all Agencies. In such instances, the Agencies agree that <br /> communications related to their common interests, whether to, from or between lawyers <br /> representing one or more of the Agencies, may be shared on a confidential and privileged <br /> basis among each Agency's Joint Board representatives, lawyers, and employees <br /> (whether employees of the Agency acting in its individual capacity or in its capacity as <br /> the ROOT or as a Regional Service Provider), to the same extent as privileged or other <br /> confidential communications with the Agency's own lawyer. Failure to mark a <br /> communication as "confidential" shall not constitute a waiver of any confidentiality <br /> doctrines and privileges. <br /> 13.1.4 Each Agency and any of its Joint Board representatives, lawyers, and employees that <br /> are privy to communications to and from any lawyer employed or retained by one or more <br /> Agencies, as described in Subsection 13.1.1, and related to the ORCA System shall treat <br /> such communication, if marked as "confidential,"as privileged and confidential unless the <br /> privilege is waived by action of the Joint Board or disclosure is otherwise required under <br /> 33 <br />