lawyer who represented the government in a particular matter

Full Answer

Can a lawyer represent a private party in a government controversy?

For example, the existence of a controversy between a government agency and a private party, or between two organizations, does not prohibit a lawyer for either from communicating with nonlawyer representatives of the other regarding a separate matter.

What is the duty of a lawyer in a government organization?

RPC 1.13 states simply in its initial sentence that "a lawyer employed or retained by an organization represents the organization acting through its duly authorized constituents." The duty defined in RPC 1.13 applies to governmental organizations, as well. RPC 1.13, Comment 9.

Are government lawyers held to a higher standard than private sector lawyers?

Washington courts have addressed from time to time the argument that government lawyers are held to a higher standard than lawyers representing the private sector (there are particular standards that apply to criminal prosecution that are not addressed in this column).

Is the organization's lawyer required to communicate with a former constituent?

Consent of the organization's lawyer is not required for communication with a former constituent unless the former constituent participated substantially in the legal representation of the organization in the matter.

What are lawyers hired by the government called?

A government attorney is an attorney that works in the different branches of the government. Depending on where they work, government attorneys handle a range of legal issues that affect the city, the state, or the federal government.

What position represents the government as the top lawyer?

Attorneys general are the top legal officers of their state or territory. They advise and represent their legislature and state agencies and act as the “People's Lawyer” for the citizens. Most are elected, though a few are appointed by the governor.

What is the person who has a lawyer called?

BarristerOccupationFields of employmentBarristers' chambers, government, sole traderRelated jobsPupil barrister, advocate, judge, magistrate, attorney, solicitor6 more rows

What is the boss of a lawyer called?

A principal is an executive-level attorney, equivalent to a chief executive officer, according to employment website Indeed. Partners have an equity stake in the firm meaning that, although they may or may not have decision-making powers within the firm, they are eligible for a share of the profits.

What is public solicitor?

The Public Solicitor manages a large number of criminal and civil cases for and on behalf of people throughout the country.

What is meant by Solicitor General?

solicitor general in American English nounWord forms: plural solicitors general. 1. a law officer who maintains the rights of the state in suits affecting the public interest, next in rank to the attorney general. 2. the chief legal officer in some states.

How many types of lawyers are there?

What are the two main types of lawyers? There are two main types of lawyers in criminal law are attorney and prosecutor.

Who is called barrister?

A barrister is a lawyer who represents clients in the higher courts of law.

What is another term for lawyer?

Synonyms of lawyeradvocate,attorney,attorney-at-law,counsel,counselor.(or counsellor),counselor-at-law,legal eagle.

What is the highest form of lawyer?

Doctor of Juridical Science (SJD) A Doctor of Juridical Science degree is considered the highest level of a law degree and is designed for professionals who are looking to gain an advanced legal education after earning their JD and LLM.

What is a paralegal vs lawyer?

Although not admitted to practice law (except for those who have obtained a law degree), paralegals often perform legal tasks which are also performed by lawyers. Under the supervision of a senior lawyer they can run their own files and conduct work which may have otherwise been undertaken by a junior lawyer.

What's the difference between attorney and lawyer?

Attorney vs Lawyer: Comparing Definitions Lawyers are people who have gone to law school and often may have taken and passed the bar exam. Attorney has French origins, and stems from a word meaning to act on the behalf of others. The term attorney is an abbreviated form of the formal title 'attorney at law'.

When communicating with the accused in a criminal matter, must a government lawyer comply with this rule?

When communicating with the accused in a criminal matter, a government lawyer must comply with this Rule in addition to honoring the constitutional rights of the accused. The fact that a communication does not violate a state or federal constitutional right is insufficient to establish that the communication is permissible under this Rule. ...

Who can interview an unrepresented defendant?

Opinion rules that the attorney for the plaintiffs in a personal injury action arising out of a motor vehicle accident may interview the unrepresented defendant even though the uninsured motorist insurer, which has elected to defend the claim in the name of the defendant, is represented by an attorney in the matter.

What is the purpose of the 2006 Ethics Opinion?

Opinion explores the extent to which a lawyer may communicate with employees or officials of a represented government entity. 2006 Formal Ethics Opinion 19. Opinion rules that the prohibition against communications with represented persons does not apply to a lawyer acting solely as a guardian ad litem.

When does a lawyer have to terminate communication?

A lawyer must immediately terminate communication with a person if, after commencing communication, the lawyer learns that the person is one with whom communication is not permitted by this Rule . [9] In the case of a represented organization, this Rule prohibits communications with a constituent of the organization who supervises, ...

Can a lawyer encourage a client to communicate with the opposing party?

Nor does the Rule prohibit a lawyer from encouraging a client to communicate with the opposing party with a view toward the resolution of the dispute. [5] Communications authorized by law may include communications by a lawyer on behalf of a client who is exercising a constitutional or other legal right to communicate with the government.

Can a lawyer make a communication prohibited by this rule through the acts of another?

Also, a lawyer having independent justification or legal authorization for communicating with a represented person is permitted to do so. [4] A lawyer may not make a communication prohibited by this Rule through the acts of another. See Rule 8.4 (a). However, parties to a matter may communicate directly with each other, ...

Can a lawyer request a court order?

A lawyer may also seek a court order in exceptional circumstances to authorize a communication that would otherwise be prohibited by this Rule, for example, where communication with a person represented by counsel is necessary to avoid reasonably certain injury. [8] This Rule applies to communications with any person, ...

What happens if the city council disagrees with the mayor?

If the council disagrees with the mayor (and the city attorney) in such circumstances, the council may be faced with the difficult question of its authority to engage separate legal counsel.

What is the Washington State Bar Association's Ethics Line?

For guidance in resolving a conflict issue, a lawyer may call the Washington State Bar Association's Ethics Line, 206.727.8284. MRSC is a private nonprofit organization serving local governments in Washington State. Eligible government agencies in Washington State may use our free, one-on-one Ask MRSC service to get answers to legal, policy, ...

What is the entity model in Washington?

A third model, often advocated, is the public interest model. This model is based on the belief that government lawyers should act "in furtherance of the governmental and public interest.".

What is the public interest model?

In the public interest model, according to Professor Sanders, either the government's or public's interests are the municipal lawyer's "client.". The obvious concern with this model is that the attorney must decide who the client is and what position to take.

Why are lawyers hired by the government?

Lawyers hired by the government from outside practice, lawyers leaving government employment for outside practice, and private lawyers representing governmental agencies all need be keenly sensitive to conflicts that may arise between government agencies/clients and private clients. Because the public interest obviously is at stake in matters involving the government, extra care must be taken to detect and avoid conflicts early on.

What is the rule for former government lawyers?

The rule deals first with former government lawyers, stating that a former government lawyer “shall not … represent a client in connection with a matter in which the lawyer participated personally and substantially as a public [lawyer] unless the appropriate government agency gives its informed consent, confirmed in writing … .” Unlike other former client conflicts (Rule 1.9, MRPC), material adversity to the interests of the former client (the government agency) is not required. This rule thus remains one of few areas of disciplinary law in which a vestige of an “appearance of impropriety” standard may still exist.

What is representation before the federal government?

1. An employee may not represent someone else before any court or an agency of the federal government or accept compensation for someone else's representation on a matter in which the U.S. is a party or has an interest - 18 U.S.C. §§ 203 & 205 - except for: a.

How long can a former employee be prohibited from representing, aiding or advising on the basis of confidential information on

For one year, a former employee is prohibited from representing, aiding or advising on the basis of confidential information on a trade or treaty negotiation in which he participated personally and substantially within one year of leaving government - 18 U.S.C. §207 (b). E.

How long do you have to disqualify yourself from government service?

An employee who receives an extraordinary payment from a former employer prior to entering government service must disqualify himself for two years if the payment is not part of an established compensation or benefits program; exceeds $10,000; and is made because of his government position.

What is an employee relative?

A relative with whom the employee has a close relationship; d. A present or prospective employer of a spouse, parent or child; and. e. An organization in which the employee serves or has served in the past year as an employee, attorney or active participant. 3.

What are some examples of off duty conduct?

2. Examples of such employee off-duty conduct include: sexual misconduct; racist or sexist remarks; falsification of documents; and failure to pay just debts.

How long can an attorney be recused?

Also, in some cases, for example a long-standing major client, an employee may be recused for a period of time beyond one year. III.

What is a political relationship?

Political relationship means a close identification with an elected official, candidate, political party or campaign organization arising from service as a principal advisor or official; personal relationship means a close and substantial connection of the type normally viewed as likely to induce partiality.

Who drafts civil complaint against ABC?

An attorney in the Department of Justice drafted provisions of a civil complaint that is filed in Federal court alleging violations of certain environmental laws by ABC Company. The attorney may not subsequently represent ABC before the Government in connection with the lawsuit, which is a particular matter involving specific parties.

Who evaluates all requests for certificates of divestiture?

The General Counsel of the Office of Government Ethics (OGE) contacts the OGE attorney who is assigned to evaluate all requests for “certificates of divestiture” to check on the status of the attorney's work with respect to all pending requests. The General Counsel makes no comment concerning the merits or relative importance of any particular request. The General Counsel did not participate substantially in any particular request when she checked on the status of all pending requests.

What does it mean when a former employee calls an agency official?

A former Government employee calls an agency official to complain about the auditing methods being used by the agency in connection with an audit of a Government contractor for which the former employee serves as a consultant. The former employee has made a communication with the intent to influence because his call was made for the purpose of seeking Government action in connection with an issue involving an appreciable element of dispute.

What is the prohibition on appearances?

The prohibition applies only to communications or appearances made by a former Government employee with the intent to influence the United States. A communication or appearance is made with the intent to influence when made for the purpose of:

What does it mean when a former employee of the FBI makes a brief telephone call to a colleague in her

A former employee of the Federal Bureau of Investigation makes a brief telephone call to a colleague in her former office concerning an ongoing investigation. She has made a communication. If she personally attends an informal meeting with agency personnel concerning the matter, she will have made an appearance.

What is a former employee?

A former employee makes a communication when he imparts or transmits information of any kind, including facts, opinions, ideas, questions or direction, to an employee of the United States, whether orally, in written correspondence, by electronic media, or by any other means. This includes only those communications with respect to which ...

What is the prohibition of 18 U.S.C. 207?

The prohibition of 18 U.S.C. 207 (a) (1) does not apply to a former employee who is: (1) Acting on behalf of the United States. See § 2641.301 (a) . (2) Acting as an elected State or local government official. See § 2641.301 (b) .