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' ~ Duane W.H. Panq~ $aQ. September 17, 1993 page 6 We read 1Clettenhoft as requiring Weer-total separation of duties and responslbilitiac to the poine that the divielon• et leave oporate as quasi-autonomous ant ales which have little or no daily aubetsntive interaetlon. It may not be necessary for divisions to be housed in separate buildings for the conoluetona reached in IClattenhoff to be apDDllcabU . further, while the relative else o! the governmental Iegal department may De a factor under Rlattanhoff, Bice slope would not be detarminatt.ve. 1?gain, however, we do not have euifiCiont infotnetion to alloy ua to conclude that the conditions toured to exist in 1Clgttenhott apply in this situation. Anrrinq the receipt .of more .detailed feCtual information regarding the orgeni:etion..nnd.operation of your office, we ere unable to conclude that the results reached in 1CSattenhoft are applicable to your Department !n this tee®, Moreover, an answer to this Inquiry would be moot unless, as discussed in Section II.A above, full indemnification for the individual Defendants is evnilnble from the City vn the punitive daaages claim. I should add in closing that your Dopartment's continued reprenentation of the City in defending against the Defendant's workers' compensation claim would, upon any withdrawal by your Department from reprvsentatlon of the Dotendant in the federal lawsuit, be conditioned upon full compliance by your Department with DR 1-101. Under DA /-101, any eoniidentiei client information which may have bean obtained fray the peiendent in conneotion with the foderel laMSUit cannot be utilised or revealed in the workers' compensation Case without the informed consent o! the Detendnnt. Iv. ~ It i¦ my office's opinion that your office mould be ethically precluded irws continuing to represent the individual Defendants unless the City can and will indemu?ify thaw for any punitive damage¦ awarded 1n the avant o! art adverse deoision in the federal lawsuit. We are without adeQuate iatoixu flop upon which to conclude that the result reaohed in state v• rlattepj~oft, su ra, oan be applied in this eituntion. Therefore, it is my office's opinion Chet yyour Department would he disquellfled from simultaneously defending ehs City against the workers' compensation claim filed by one of the Defendants Mhile detendiaq that individual in the federal lawsuit.