Also known as: government agencies · administrative agency
Written by attorneys · grounded in primary & secondary sources — see below
An administrative division of government authorized to implement statutes through rulemaking, adjudication, or enforcement actions.
Giselle Guerrero left her post at the Federal Trade Commission after working on a merger investigation. She now wants to represent the acquiring company in the same proceeding. The firm requests written informed consent from the commission before proceeding with the representation.
Gideon Graves previously advised Granite Holdings on environmental permitting while in private practice. After joining the Environmental Protection Agency, he seeks to work on a permit application involving the same company. The agency requires its own written informed consent before allowing participation.
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Galaxy Technologies made a large donation to a state attorney general's campaign. The firm then submitted a proposal to represent the state consumer protection agency in an enforcement action. The contribution raises questions about whether the selection process relied on merit alone.
Gregory Gates represents Griffin Industries at a hearing before the National Labor Relations Board. He states on the record that he appears solely as counsel for the company. The agency proceeds under the applicable rules governing candor and fairness in nonadjudicative proceedings.
Gloria Green alleges that a city social services department maintained a policy of delaying foster care placements based on race. She sues the department directly rather than individual employees. The court examines whether the agency's official policy caused the constitutional violation.
Great Lakes Steel challenges an order from the state public service commission banning promotional advertising by utilities. The company argues the ban violates the First Amendment. The court applies intermediate scrutiny to the agency's restriction on commercial speech.
A government agency must give informed consent confirmed in writing before a former employee may represent a client in a matter in which the employee participated personally and substantially. The same consent requirement applies when a current agency lawyer previously participated in the matter while in private practice.
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The rule prohibits lawyers from making or soliciting contributions to obtain legal work from a government agency when the contribution is made for that purpose. The prohibition addresses the risk that selection will appear based on political support rather than competence.
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A lawyer appearing before an administrative agency in a nonadjudicative proceeding must disclose the representative capacity and must comply with the rules on candor toward the tribunal, fairness to opposing parties, and impartiality of the adjudicative officer.
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…of the conduct of the government of the day by the officials of the day will soon yield to silence if officials in control of government agencies, instead of answering criticisms, can resort to friendly juries to forestall criticism of their official conduct. The conclusion that the Constitution affords the citizen and the press an…