When the Client Is the Government: Ethical Duties in the Face of Official Misconduct

This webinar will apply governmental ethics case law and experiential insights to the recently published ABA Formal Opinion 524, Government Lawyers’ Obligations When Knowing of a Public Official’s Intended or Ongoing Violation of Law which addresses government attorneys’ ethical duties when they become aware that a public official or government employee is violating, or intends to violate, the law. In examining Model Rule 1.13, ethical duties to an organizational client, the speakers will address unique considerations for government lawyers.

The discussion will explore how government attorneys should respond to suspected or known misconduct, including their obligations to report concerns to a higher authority within the organization and the circumstances in which further action may be necessary. Presenters will examine how these responsibilities intersect with other professional duties under the model rules. Presenters will examine how these responsibilities intersect with Model Rule 1.16, which may require an attorney to withdraw when continued representation would violate the Rules of Professional Conduct or other law, and Rule 1.6, which generally protects information relating to the representation. The webinar will also address the relationship between confidentiality and Rule 3.3’s duty of candor toward the tribunal, including circumstances in which an attorney must take remedial action when false evidence or other improper conduct threatens the integrity of a judicial proceeding.

Through a practical discussion of these overlapping obligations, attendees will gain a better understanding of how to navigate professional commitments in their role as a member of the legal profession, a representative of clients, an officer of the legal system, and as a public citizen with special responsibility for the quality of justice. The presenters will also share practical tips drawn from real-world examples to help municipal attorneys recognize, evaluate, and respond to these challenging situations.

Speaker: Leanne Davis & Jeannine Williams