Title
Consent to the representation of Lennar Homes of Texas Land and Construction, Ltd., in connection with the Solterra Public Improvement District by Ms. J. Prabha Cinclair and Miklos Cinclair PLLC.
Body
Rule 1.10 of the Texas Disciplinary Rules of Professional Conduct prohibits a lawyer from representing a private client in connection with a matter in which the lawyer participated as a public officer unless the government agency consents. If consent is given, the Rule also requires that the lawyer be screened from any participation in the matter and not receive any portion of the fee.
Ms. J. Prabha Cinclair of the Miklos Cinclair PLLC law firm notified the City that she and her firm are undertaking representation of Lennar in connection with its work in the Solterra development. Mr. Robert Miklos is a member of the firm and was a City Councilmember when the Solterra Development Agreement was negotiated and approved by the City Council. Ms. Cinclair notes her firm will comply with Rule 1.10, meaning Mr. Miklos will be screened from participating in the matter and will not receive any portion of the fee.
The scope of the representation is to assist Lennar with the Public Improvement District bond issuance. It appears the requested representation will not involve and could not benefit from any confidential information provided to the City Council nor is the representation adverse to the City.
Recommended/Desired Action
Staff recommends consent for the representation be granted.
Attachment(s)
Letter of representation
Drafter
David L. Paschall
Head of Department
David L. Paschall