Government Lawyering

29 Pages Posted: 9 Nov 2012

See all articles by Jessica Tillipman

Jessica Tillipman

George Washington University - Law School

Robert Mahini

George Washington University Law School

Date Written: 2011

Abstract

The legal profession is regulated with numerous ethical rules designed to ensure that practitioners comply with its high standards of professional conduct. Federal Government attorneys, while generally held to the same ethical standards as other attorneys, are subject to an additional set of requirements mandated by federal laws and regulations. This article focuses on the rules most crucial to the protection of the public welfare: 1) Government attorneys’ ethical obligations, and 2) Government attorneys’ duty to properly control information.

Government attorneys of the Executive Branch must comply with the “Standards of Ethical Conduct for Employees of the Executive Branch.” This article provides an overview of the rules most relevant to daily practice, such as the acceptance of gifts, bribery and gratuities, conflicts of interest, post-employment restrictions, and limitations on outside activities. In addition, the paper discusses the Hatch Act, which restricts Government attorneys from engaging in certain political activities.

Government attorneys face a unique tension when handling nonpublic information. Generally, Government attorneys should keep client information confidential; however there are two important exceptions: 1) the Freedom of Information Act (“FOIA”), and 2) the Whistleblower Protection Act (“WPA”). The article provides an overview of both statutes and their impact on Government attorneys.

Keywords: Ethics, Government, Public Officials, Government Officials, Bribery, Gratuities, Conflict of Interest, Revolving Door, FOIA, Freedom of Information Act, Whistleblower, Whistleblowing, Confidentiality

JEL Classification: R38

Suggested Citation

Tillipman, Jessica and Mahini, Robert, Government Lawyering (2011). 11-3 BRIEFING PAPERS 1-28, February 2011, GWU Legal Studies Research Paper No. 2012-117, GWU Law School Public Law Research Paper No. 2012-117, Available at SSRN: https://ssrn.com/abstract=2171417

Jessica Tillipman (Contact Author)

George Washington University - Law School ( email )

2000 H Street, N.W.
Washington, DC 20052
United States
2029942896 (Phone)
2029943362 (Fax)

HOME PAGE: http://www.law.gwu.edu/faculty/profile.aspx?id=1899

Robert Mahini

George Washington University Law School ( email )

2121 I Street NW
Washington, DC 20052
United States

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