Legal Seminar, Chicago, IL

Public Attorney Ethics

How do the ethical obligations of public attorneys differ from the general ethical obligations of attorneys? What specific situations have you encountered that raise ethical issues unique to your role as a public attorney?

Who is the Client? Majority Rule is The Agency No “universal definition of the client of a government lawyer.” RESTATEMENT (THIRD) OF THE LAW GOVERNING LAWYERS, § 97 cmt. c. “ENTITY” model is majority rule for agency attorneys, such as DFI attorneys who work only for the DFI. The agency acts through its “duly authorized constituents” --Consistent with Rule 1.13(a) view of organizational client. -- Federal Bar Ass’n Op. 93-1: under normal circumstances, government lawyer’s client is agency employing the lawyer.

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