Waukesha council waives potential conflict so Von Briesen may continue representing city and Charter Communications

The Waukesha City Common Council unanimously approved June 3 a waiver of conflict of interest requested by the Von Briesen law firm so the firm may continue representing the city while also representing Charter Communications in a potential personal-injury matter.

City legal counsel explained staff had received a notice of injury alleging a pedestrian tripped near a handhole inset for fiber-optic access in front of First Baptist Church. Because Charter Communications owns the handhole, Von Briesen—who represents both Charter and the city on different matters—asked the city to waive a conflict that could otherwise prevent the firm from continuing on the city’s labor-negotiations work.

The city attorney told the council that labor-contract work and personal-injury defense are handled by different teams inside the law firm and that, on the facts as currently known, it seemed unlikely the firm would face a disabling conflict. "In my opinion, this is something, that I recommend granting this request for a waiver of conflict," the attorney said on the record, while noting the situation was speculative at this early stage.

Council members moved and seconded the waiver and voted to approve it unanimously. The attorney emphasized the request arose from prudence at the notice stage; no lawsuit had been filed and staff characterized the filing as an early-stage notice of injury.

What’s next: If a formal lawsuit is later filed and cross-claims implicate the city and Charter directly, the council could revisit representation decisions and require conflict mitigation steps or new counsel.