Council waives potential conflict so Von Briesen may continue representing city alongside Charter Communications

The Waukesha Common Council unanimously voted June 3 to waive a potential conflict of interest so the Von Briesen law firm may continue representing the city and also represent Charter Communications in other matters.

The city attorney outlined the issue: the city had received a notice of injury from an individual who reportedly tripped and fell in downtown Waukesha near the First Baptist Church, possibly on a hand hole inset into the sidewalk used to access fiber-optic infrastructure. The attorney said the hand hole in question is owned by Charter Communications and that a lawsuit could eventually name both the city and Charter as defendants, which is why Von Briesen sought a conflict waiver.

The attorney told the council that personal-injury defense work sits in a different practice area from the labor and collective-bargaining work the firm provides for the city and that the risk of a true adverse conflict appeared remote. “This is very early on in the process, but they’re being cautious,” the attorney said, and recommended granting the waiver so the city may continue to use counsel familiar with its labor negotiations.

Alders moved and seconded the waiver, and the council approved the request unanimously. The attorney said the situation will be monitored and the council can revisit the decision if circumstances change.

What happens next: Von Briesen will continue representing the city in labor matters while also representing Charter Communications in other matters; staff said they will watch for developments and report back if a conflict materially arises.