COM 0637.003 1996-1998 - Laserfiche WebLink

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Stephrn K. Yamuhiro ~ 1tielurd Waede~n Mopor Gq..ati.w ~•M"~ (~IIUnt~r of ~~fu~ii OFFICE OF THE CORPORATION COUNSEL poi e~w~c x.~. sdu pis . wio, w..i•i vsno-~~u . ieoe) ssiazsi . t;. iaoet ss~-es:: Mr. Richard Carter, Jr. 76-6351 Kupuena Street Kailua-Kona, Hawaii 96740 Deaz Mr. Carter: Re: Beaumont v. Carter. Civ. No. 97-187K We enclose an Agreement Providing Representation by the Office of the Corporation Counsel ("Agreement") and a copy of the resolution authorizing the Corporation Counsel, and his authorized representatives, to enter into an agreement to represent you in the above- referenced matter. After reviewing the Agreement, sign and return it to our office. A. Coun Council Resolution. As you know, we were unable to obtain special counsel to represent you in this lawsuit. However, we obtained the approval of the County Council to represent you. Because of potential conflicts of interests between the County of Hawaii ("County") and you, the County Council has agreed to indemnify you for any and all damages, if any, awazded by a court or jury against you. There are several potential conflicts of interests between the County and you. First, the complaint seeks punitive damages against you; hence, the County generally has no legal duty to pay punitive damages should they be awarded. Second, there may be significant differences of opinion between the County and you as to whether this case should be settled or tried. Third, it is possible, although we doubt it, that with separate counsel you may pursue counterclaims against the plaintiff or third-party claims against others as to both of which possibilities the County itself has little or no interest or concern. And fourth, there is always the possibility of differing recollections of past events and testimonial differences and nuances which aze not EXHIBIT'~6"