Also known as: government instrumentalities · governmental instrumentality · governmental instrumentalities · instrumentality of the government · government agency
Written by attorneys · grounded in primary & secondary sources — see below
An entity through which a government exercises its authority or performs public functions, treated as a government agency under lawyer conflict-of-interest rules.
Guillermo Guzman left his role at Global Dynamics, a government instrumentality, after personally investigating a wetlands permit dispute. He later joined a private firm that took on the same permit matter for the developer. The firm could not proceed without written consent from Global Dynamics because Guzman had participated substantially in the prior government work.
Guadalupe Gallegos worked at Golden Gate Logistics, a government instrumentality, on a contract dispute while in private practice. After joining the agency she attempted to participate in the same dispute on the government side. The rule barred her participation absent written consent from the instrumentality.
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Gregory Gates contributed to a judicial campaign hoping to secure appointment as counsel for Grove Manufacturing, a government instrumentality. The contribution was made to obtain the legal engagement from the instrumentality. The contribution violated the rule because it was intended to influence the selection process.
Gina Griffin told a client she could obtain favorable action from Griffin Industries, a government instrumentality, through personal connections. The statement implied an ability to influence the instrumentality outside normal channels. The assertion exposed her to discipline under the misconduct rule.
A lawyer who participated personally and substantially in a matter while employed by a government instrumentality is disqualified from representing a private client in the same matter unless the instrumentality gives informed written consent.
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Screening cures imputation only if it is timely, the lawyer receives no fee from the matter, and prompt written notice is given to the government instrumentality.
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A contribution made to obtain or be considered for a legal engagement awarded by a government instrumentality undermines the appearance that selection is based on merit.
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