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Contract analysis / conflict-check-memo.docx
conflict-check-memo.docx
1035-00002 · 23 clauses
High · 0 Medium · 2 Standard · 1
1. Purpose of Memorandum
1. Purpose of Memorandum This memorandum documents the results of the conflicts clearance process conducted in connection with the prospective engagement of Marguerite Delphine Fonseca as a client of Calderwood & Harkness LLP ("C&H" or the "Firm") in a custody and parenting-plan dispute pending in the Superior Court of California, County of Los Angeles. The purpose of this memorandum is to confirm that the conflict c
2. Matter Description
2. Matter Description The following information describes the prospective matter, the parties involved, and the underlying case. This information was obtained through the intake interview conducted by the undersigned with Ms. Fonseca on April 11, 2023, supplemented by a review of publicly available court records in Case No. 22STFL09847 accessed via the Los Angeles Superior Court's online case information portal. Pros
3. Proposed Engagement Team
3. Proposed Engagement Team The following attorneys have been identified as the proposed engagement team for the Fonseca matter. Each member of the proposed team was separately cleared during the conflicts check process, including individual queries regarding personal or professional relationships with any parties or entities identified in connection with this matter. Each member of the engagement team confirmed, thr
4. Parties and Entities Searched Standard
⚑ Commercial term
4. Parties and Entities Searched The following section identifies each party and entity run through the Firm's internal conflicts management database (IntaCheck v.7.2), together with the full legal name, any known aliases or alternate name forms, short names, entity type (where applicable), and the role of each party or entity in the prospective matter. The result of each search is reported individually. All searches
5. Search Methodology
5. Search Methodology The conflict check searches described in this memorandum were conducted on April 13–14, 2023, using the Firm's internal conflicts management database system (IntaCheck v.7.2). The following methodology was employed:
1. Full Legal Name Searches. Each individual and entity identified in Section 4 was searc
1. Full Legal Name Searches. Each individual and entity identified in Section 4 was searched by full legal name, including middle names and suffixes where known.
2. Alias and Variant Searches. In addition to full legal name searches, each individual a
2. Alias and Variant Searches. In addition to full legal name searches, each individual and entity was searched using common abbreviations, short names, known aliases, and reasonable variant spellings. Specific name variants searched for each party are documented in Section 4 above.
3. Cross-Reference Against All Active and Closed Matters. All searches were cross-referen
3. Cross-Reference Against All Active and Closed Matters. All searches were cross-referenced against the Firm's complete database of active matters, closed matters, and archived matters, including client lists, adverse-party lists, related-party lists, and witness lists maintained in IntaCheck.
4. Entity Affiliation Searches. For individuals identified as associated with corporate o
4. Entity Affiliation Searches. For individuals identified as associated with corporate or organizational entities (e.g., Ms. Fonseca's employment at Luminos Entertainment Group; Mr. Medrano's ownership of Medrano Visuals, LLC), the affiliated entities were separately searched as described in Sections 4.3 and 4.4 above.
5. Opposing Counsel Searches. The opposing law firm and its identified attorneys were sea
5. Opposing Counsel Searches. The opposing law firm and its identified attorneys were searched individually to identify any prior co-counsel relationships, adverse relationships, or other institutional conflicts.
6. Engagement Team Queries. All four members of the proposed engagement team — Oliver Mac
6. Engagement Team Queries. All four members of the proposed engagement team — Oliver Mackenzie (Partner), Priya Anand (Partner), Devon Archer (Lead Associate), and Nadia Petrov (Working Associate) — were individually queried via email on April 13, 2023, regarding any personal, familial, financial, or prior professional relationships with any of the parties, entities, or counsel identified in Section 4. All four team
7. Supplemental Public Records Review. The undersigned conducted a supplemental review of
7. Supplemental Public Records Review. The undersigned conducted a supplemental review of the California Secretary of State's business entity records to confirm the current status and formation details of Medrano Visuals, LLC and to verify the registration information for the domestic partnership (File No. DP-2015-038741). The Los Angeles Superior Court online case portal was reviewed to confirm the case number, fili
6. Conclusion and Clearance
6. Conclusion and Clearance Based on the comprehensive conflicts clearance process described in this memorandum, the following conclusions are reached:
1. No conflicts of interest have been identified in connection with the prospective repre
1. No conflicts of interest have been identified in connection with the prospective representation of Marguerite D. Fonseca in the custody and parenting-plan matter against Rafael J. Medrano, Case No. 22STFL09847, Superior Court of California, County of Los Angeles.
2. No current or former client of Calderwood & Harkness LLP is adverse to the prospective
2. No current or former client of Calderwood & Harkness LLP is adverse to the prospective client, and no current or former client would be materially affected by the Firm's acceptance of the proposed engagement. The representation does not present a conflict under California Rules of Professional Conduct, Rule 1.7 (Conflict of Interest: Current Clients) or Rule 1.9 (Duties to Former Clients).
3. No member of the proposed engagement team has any personal, familial, financial, or pr
3. No member of the proposed engagement team has any personal, familial, financial, or prior professional relationship with any party, entity, or counsel identified in connection with the proposed matter.
4. The matter is cleared for engagement. It is recommended that the Firm proceed with the
4. The matter is cleared for engagement. It is recommended that the Firm proceed with the preparation and execution of the engagement letter, which is anticipated to be executed on or about April 18, 2023. The initial retainer deposit is expected to be $50,000.00, to be deposited into the Firm's Client Trust Account upon execution of the engagement letter, in accordance with the Firm's standard billing and retainer p
5. Ongoing monitoring. As with all active matters, the parties and entities identified in
5. Ongoing monitoring. As with all active matters, the parties and entities identified in this memorandum will remain in the Firm's IntaCheck database for ongoing conflict monitoring. Should any new parties, entities, or counsel become involved in the matter, supplemental conflict checks will be conducted promptly and documented in an addendum to this memorandum.
7. Approval
7. Approval The undersigned requests approval from the Billing Partner and Responsible Partner to proceed with the engagement of Marguerite D. Fonseca in the matter described herein. Upon execution of both approvals below, the matter will be opened under Matter No. 1035-00002, and the engagement letter will be transmitted to the prospective client for execution. BILLING PARTNER APPROVAL Conflicts clearance approved —
8. Distribution Medium
⚑ Liability cap to check against exposure
8. Distribution This memorandum is designated PRIVILEGED & CONFIDENTIAL — ATTORNEY WORK PRODUCT and is prepared in connection with the Firm's internal conflicts clearance process. Distribution is limited to the following:
1. Matter File. The original of this memorandum shall be retained in the matter file for
1. Matter File. The original of this memorandum shall be retained in the matter file for Matter No. 1035-00002 (Proposed), to be maintained in the Firm's document management system in accordance with the Firm's records retention policies.
2. Conflicts Department. A copy of this memorandum shall be filed with the Firm's General
2. Conflicts Department. A copy of this memorandum shall be filed with the Firm's General Counsel and Conflicts Department for retention in the central conflicts clearance archive.
3. Addressees. Copies have been transmitted to Priya Anand (Billing Partner) and Oliver M Medium
⚑ Confidentiality undertaking
3. Addressees. Copies have been transmitted to Priya Anand (Billing Partner) and Oliver Mackenzie (Responsible Partner) via the Firm's secure internal document delivery system. This memorandum shall not be disclosed to any person or entity outside Calderwood & Harkness LLP without the prior written authorization of the Billing Partner or the Firm's General Counsel. The contents of this memorandum are protected by the