School and Town's New Legal Counsel: No Conflict of Interest in Representing Both

Although the School Committee and the Board of Selectmen will retain the same legal counsel beginning in July, James A. Toomey, an attorney from the law offices of the appointed firm, Murphy, Hesse, Toomey & Lehane, said in an appearance before the Wakefield School Committee that any conflict of interest situations can be avoided.

The Wakefield School Committee to Murphy, Hesse,  Toomey & Lehane, and in March, the Board of Selectmen . This has raised the question on both sides if whether or not the law firm could fairly represent each side, particularly if a legal battle were to ever arise between the town and the schools.

“I have a hard time seeing how you could represent the school committee and the town, who has multiple unions on their side, and not give the appearance of a conflict of interest,” said committee member Chris Callanan. “Each union is supposed to be negotiating, in good faith, independently from all the other unions. It implies to me that you’re bunching them all together.”

Toomey responded to the conflict of interest charges by saying that generally, if the town and the schools have a decent relationship, there isn’t usually much of a problem. He went on to point out that his firm is in a similar situation in numerous other towns where things have gone without any trouble.

“I’ll be representing the school committee, you call the shots,” Toomey said. “I recognize that you’re my client … you give us directions and we try to execute the directions that you give us.”

Toomey went on to stress that his firm is run and populated by professionals who take their job and reputation seriously, and that the firm has measures in place to keep lawyers from sharing information within the practice.

“We take our obligation to the client very seriously,” Toomey said.

On the subject of a contract, there was some discussion of whether or not there would need to be one between the school committee and Toomey. Toomey said that it doesn’t matter, and that, in his experience, it works either way.

“We represent about 100 school committees, and I think we have a contract with two or three of them,” Toomey said. “We’re happy to do it either way. The bottom line is, whatever document we sign, the relationship is you’re in charge. If you don’t want us around anymore, just say so.”