26-26 Prof. Services Agreement - Special Counsel.pdf

4 d. Have subpoena power or compulsory authority unless expressly authorized by law and authorization of Conflict Counsel; e. Incur third-party costs (i.e.: investigators, e-discovery vendors, court reporter) without prior written authorization from Conflict Counsel; f. Impose or recommend discipline except as part of non-binding recommendations contained in the Final Report. 4. Executive Session Presentation. Upon written request of the Township, and to the extent permitted by law, Special Counsel along with Conflict Counsel shall present the findings of the Investigation and the Final Report to the Township Attorney. 5. No Individual Client Relationship. 5.1. Client. The client for purposes of this Agreement is the Township of West Orange. 5.2. No Personal Representation. Nothing herein shall be construed as creating an attorney- client relationship between Special Counsel and the Subject Official or any other individual. 5.3. Upjohn | Entity Warnings. When interviewing the Township employees or officials, Special Counsel may provide an entity representation warning that Counsel represents the Township and not the individual. 6. Evidence Preservation & Litigation Hold. 6.1. Coordination. Upon request and in conjunction with Conflict Counsel, Special Counsel may coordinate with the Township Attorney, Township Administrator, and Township IT Department regarding document retention, evidence preservation, and litigation-hold measures relevant to the Investigation. 6.2. No Independent Authority. Special Counsel shall not independently issue litigation holds, subpoenas, or compulsory process without the approval of Conflict Counsel. 7. Compensation | Not-to-Exceed Amount.