Agmt25 County of San Mateo and RWCT - Engagement Agmt

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under California Evidence Code Section 962 and California case law, in cases of joint representation there is no attorney-client privilege between or among joint clients so that one of you may not claim your communications with the County Attorney are privileged or confidential as to the other with respect to the Matters. At this time, we believe our office is able to jointly represent Client and the County and to fulfill our ethical obligations to each. However, if at any point during the joint representation we identify any material change in circumstances relevant to our ability to ethically represent both Client and the County, we will disclose those circumstances and, where applicable, obtain new informed written consent or advise you on the need for separate counsel as to any such issues. Client should consider any concern it has about the effect of such a limitation on the County Attorney’s representation. Please note that, in accordance with Rule 1.16 of the California Rules of Professional Conduct, should it become necessary for the County Attorney to withdraw from representation of Client, we will not do so until we have taken reasonable steps to avoid reasonably foreseeable prejudice to the rights of the Client, such as giving Client sufficient notice to permit Client to retain other counsel and releasing to Client, at Client’s request, all Client materials and property pursuant to Rule of 1.16(e). Client understands that the County of San Mateo is the County Attorney’s primary Client. Should there be a conflict between Client and the County in a matter, Client hereby consents to the County Attorney’s withdrawal of representation of Client in order for the County Attorney to continue to represent the County in any such matters, unless such waiver is inconsistent with state law. Client should also consider the issue of whether our representation of the County could affect our zealous representation of Client or cause Client to question our loyalty or performance. When an attorney represents multiple parties, there is the theoretical possibility that the attorney may not vigorously represent each client, or may have their independence or judgment compromised in some way. An effective attorney-client relationship requires the client to have confidence in its counsel’s loyalty and objectivity. As noted above, however, we do not see any significant potential for such adverse consequences at this time. Finally, Client should also consider whether Client wishes to obtain the advice of an independent attorney concerning our ability to represent your interests adequately in view of our concurrent representation of the County. By executing this Notice and Waiver of Conflict where indicated below, you confirm on behalf of Client that you have been fully informed as to the nature of the County Attorney’s concurrent joint representation of Client and the County; that you have been provided a reasonable opportunity to seek the advice of independent counsel of your choice regarding the joint representation and waiver of any conflicts of interest; and that you understand that a conflict may arise in the future which may require an additional disclosure and waiver by Client, or, alternatively, the County Attorney’s withdrawal from representation of Client. Additionally, you confirm that you will take the opportunity to retain independent counsel in the event you have any reservations regarding the joint representation, the issues arising from that representation, and/or the waiver of any conflict(s) of interest. Assuming the foregoing accurately reflects your agreement, please sign and date where indicated below, and return the executed Waiver of Conflict to the County Attorney to the attention of Chief Deputy Dan Valim. ATTY/AGR/2025.163 - RWC TOGETHER RETAINER AGREEMENT REV: 07-11-25 VR Page 6 of 7