Ethics
Law firm deals with government have ethical implications, DC Bar ethics opinion says
Law firms that enter into agreements with the government that may limit or shape their law practices should consider the ethical implications, according to an October ethics opinion by the District of Columbia Bar. (Image from Shutterstock)
Law firms that enter into agreements with the government that may limit or shape their law practices should consider the ethical implications, according to an October ethics opinion by the District of Columbia Bar.
The D.C. Bar’s Ethics Opinion 391 doesn’t directly reference deals made by nine firms with President Donald Trump to avoid punitive executive orders. The agreements require them to provide $940 million altogether in pro bono help to causes supported by Trump.
But those kind of deals are among those covered by the opinion, Bloomberg Law reports.
The issues include:
• Potential conflicts of interest for representation that is adverse to the government. “A lawyer must represent her clients ‘zealously and diligently,’” the opinion said. “This includes the right of each client to conflict-free representation because a conflicted lawyer may be tempted, consciously or otherwise, to pull her punches in advocating for or otherwise representing her client.”
• To continue the representation, the lawyer must disclose the conflict and obtain informed consent from the client. But a firm may not be able to give full disclosure of the conflict if it doesn’t know which of its actions might trigger adverse government action. “Obtaining a valid waiver may be difficult,” the opinion said.
• Restrictions on a lawyer’s right to practice. Lawyers are prohibited from making agreements in which a restriction on the lawyer’s right to practice is part of the settlement of a controversy.
• Professional independence. Lawyers improperly limit the exercise of their professional judgment if they take third-party direction on whether to accept or decline a certain client or direction on the services to be provided.
Lawyers who agree to such deals aren’t the only ones who should consider the ethical issues, the opinion said. Ethics rules regarding restricting the right to practice and professional independence also apply to lawyers negotiating such deals on behalf of the government, the opinion said.
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