Understand the challenges associated with representing multiple clients in the water law field, as well as the unique concerns.
It is a bedrock principle in the legal profession that an attorney owes each client duties of loyalty and of confidentiality. Representation of two or more clients in the same legal matter carries a host of potential conflicts in both an ethical and practical sense. In the realm of water rights, multiple clients often have interests in the same matter, making the identification of potential conflicts a complex analysis. This presentation will describe the challenges associated with representing multiple clients in the water law field, as well as the unique concerns when representing multiple public agencies or a combination of public and private clients. The program also provides real-life examples that illustrate the importance of carefully addressing joint representations and potential conflicts to navigate the surrounding ethical complexities. Lastly, the presentation will explain when waivers may be necessary, and how they are formed and executed. Failure to implement adequate precautionary measures can lead to adverse consequences for clients, disqualification, and even disciplinary action for attorneys. This workshop is useful for understanding the pitfalls in representing multiple clients and how to avoid them.
Agenda
Overview
- Who Is the Client
- Considerations for Joint Representation
- Identifying Conflicts Concerning Water Rights
Source Law
- Rules of Professional Conduct/Responsibility
- Attorney Client Privilege and the Common Interest Doctrine
- Unique Considerations in Water Law
Case Studies
- Waiver Process
- Large Multi-Party Representations
- Groundwater Basin Adjudications
Conclusion
- Crafting a Conflict Waiver
- Best Practices
Speakers
Nicolas Chapman,
Downey Brand LLP- Senior Associate in the Water Practice Group at Downey Brand LLP in Sacramento, California.
- Represents private and public clients in complex environmental litigation before federal and state courts, as well as in administrative proceedings before the State Water Resources Control Board
- Assists public agencies and private clients in a variety of matters, including surface and groundwater rights concerns, environmental permitting, and project development and financing
- Regularly advises on California surface and groundwater laws, the Endangered Species Act, the California Environmental Quality Act (CEQA), and Proposition 218 compliance
- Serves as general counsel to various local agencies and advises on the Brown Act, Public Records Act, and laws governing public bidding, contracting, and elections
- Published articles in the California Water Law & Policy Reporter
- Honored as a rising star in environmental litigation in the 2025 Northern California Super Lawyers and Rising Stars
- J. D. Degree from University of Pacific, McGeorge School of Law; undergraduate degree from the University of California at Davis
Who Should Attend
This live webinar is designed for attorneys, presidents, vice presidents, engineers, hydrology professionals, project managers, environmental professionals, planning and zoning officials, government and municipal administrators, public works directors, contractors, and subcontractors.
