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Counsel warns of conflict when city attorney represents both city and CRA
Summary
Board members raised concerns that using the city attorney’s office for CRA matters could create conflicts; outside counsel Clifford Shepherd explained why an in‑house lawyer might be pressured and recommended safeguards.
A commissioner raised the possibility that leveraging the city attorney’s office to serve CRA legal needs could produce conflicts because the CRA and the city are distinct legal entities.
Attorney Clifford Shepherd agreed and described why in‑house counsel sometimes face pressure not to oppose the wishes of their employer: “The reason why that's a conflict though is because it is really the lawyer's position to stand up to that power…The problem with in‑house lawyers and when they do that is their jobs are on the line,” Shepherd said, explaining the dynamic that can make independent legal advice difficult inside a shared employer structure.
Board members said that tension is a primary reason they are reluctant to consolidate CRA legal work inside the city attorney's office, and that any move to use that office would require explicit safeguards or service guarantees to protect the CRA’s independent interests.
