Council waives potential conflict so Von Briesen can continue representing city in union negotiations

The Waukesha Common Council on June 3 granted a waiver of conflict of interest requested by the Von Briesen law firm so the firm may continue representing the city in police and fire labor negotiations.

The request followed a notice of injury filed after a person tripped on a hand hole cover in a downtown sidewalk in front of First Baptist Church. City staff told the council that the hand hole appears to be owned by Charter Communications, a current client of Von Briesen, which generated the potential for an adverse‑party conflict if a lawsuit is filed.

“It's possible that cross claims would be filed,” the city attorney told the council, explaining the theoretical risk that both the city and Charter Communications could be named in litigation and that different parts of the firm could represent the differing matters. The city attorney recommended granting the waiver, saying the parts of Von Briesen that handle union labor contracts are separate from the lawyers who would handle a personal injury defense and that the likelihood of a substantial conflict appearing was remote.

Council members moved to approve the waiver. The motion to waive the conflict passed on the council floor. The council was told this type of waiver request is not unusual, and staff recommended approval so that the city can continue working with an attorney familiar with municipal contract negotiations.

The action does not determine fault or liability in the underlying notice of injury; it addresses only whether the law firm may continue representing the city in contract negotiations despite the potential for a future conflict if litigation occurs.