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waived by the Agencies and the lawyer cannot represent the ROOT or the Regional <br /> Service Provider without violating his/her duties under the professional rules. <br /> 13.2.3 All attorney-client communications between such lawyer and the staff assigned to <br /> perform the functions of the ROOT or the Regional Service Provider shall be available to <br /> the Joint Board members and each Agency on a privileged and confidential basis and <br /> may be shared among the Agencies as if they were a single entity vis-a-vis any other <br /> person or entity. Such communications may be shared, subject to the restrictions in <br /> Subsections 13.1.3, 13.1.4 and 13.1.5. <br /> 13.3 Legal Counsel for the Joint Board. <br /> 13.3.1 The Joint Board may from time to time retain a lawyer to provide it, as a board, with legal <br /> services related to the ORCA System, including but not limited to matters related to the <br /> duties and obligations of the Joint Board, the ROOT or the Regional Service Provider. <br /> Any agreement for such Joint Board legal services shall be entered into by all of the <br /> Agencies. The ROOT shall administer the payment process for such services in <br /> accordance with Section 8.0 and in accordance with the Budget established by the Joint <br /> Board. The Agencies shall share the costs of such legal services in accordance with the <br /> percentages in effect at the time the services are performed, as determined in <br /> accordance with the budget policy adopted by the Joint Board. <br /> 13.3.2 Each Agency expressly acknowledges and agrees that such lawyer shall have the <br /> obligation to represent the joint interests of the Agencies as expressed in this Agreement <br /> and as determined by the Joint Board in accordance with this Agreement. Each individual <br /> Agency, and its Joint Board representative(s), shall be considered to have a client <br /> relationship with said lawyer but the Agencies acknowledge and agree that they share a <br /> joint client relationship with the other Agencies and are not entitled to, and shall not seek, <br /> individual advice or representation from such lawyer. <br /> 13.3.3 Specific requests for legal services shall be made to such lawyer by the Joint Board's <br /> chair, vice-chair or other Board member designated to be the Joint Board's point of <br /> contact. All attorney-client communications between such lawyer and one or more Joint <br /> Board members shall be available to the other Joint Board members and each Agency <br /> on a privileged and confidential basis and may be shared among the Agencies as if they <br /> were a single entity vis-a-vis any other person or entity. Such communications may be <br /> shared, subject to the restrictions in Subsection 13.1.3, 13.1.4 and 13.1.5. <br /> 13.3.4 Any lawyer retained, or proposed to be retained, for the provision of legal services to the <br /> Joint Board is subject to the Rules of Professional Conduct(RPC) including but not limited <br /> to Rule 1.7, which provides that a lawyer must decline or withdraw from representation <br /> that involves a conflict of interest unless the affected clients provide informed, written <br /> consents for the lawyer to undertake or continue the representation. In the event a <br /> conflict of interest or potential conflict of interest is perceived to exist between any of the <br /> Agencies with regard to a matter covered by this Agreement, and not all of the Agencies <br /> are willing to sign informed consents in accordance with the RPC, the Agencies <br /> understand and agree that representation by the Joint Board's lawyer on the matter in <br /> conflict shall cease. Each Agency, individually or in combination with one or more other <br /> Agencies not in conflict, may obtain legal advice and representation from another lawyer <br /> on such matter at their own expense and outside of this Agreement. <br /> 35 <br />