Also known as: government lawyer · govt lawyer · govt lawyers · public attorneys · state counsel · government attorneys
Written by attorneys · grounded in primary & secondary sources — see below
Attorneys employed by governmental bodies who face specialized ethical constraints on subsequent private representation in matters they handled or supervised while in public service. Disqualification of lawyers associated in a firm with such former or current government lawyers is governed by Rule 1.11 rather than ordinary imputation rules.
Gareth Glover left the SEC after supervising an investigation into Greenleaf Farms. He joined a private firm that now seeks to represent Greenleaf Farms in related private litigation. The firm implements screening measures, obtains government consent, and shows that disqualification would harm enforcement interests and lawyer mobility. The court permits the firm to proceed without imputing disqualification to all lawyers.
Giana Greco served as an SEC supervisor with authority over a case against Galaxy Technologies. After leaving government she joins a firm asked to defend Galaxy Technologies in the same matter. The court disqualifies Greco personally because of her prior supervisory role but allows the firm to continue after screening, government consent, and balancing of enforcement and mobility interests.
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A government lawyer may withdraw when the client insists on pursuing a course the lawyer finds repugnant or with which the lawyer has a fundamental disagreement. The lawyer must first raise objections internally. Withdrawal is permitted at an early stage if another attorney can readily assume the matter without substantial disruption.
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Screening combined with government consent and a showing that disqualification would unduly impair enforcement interests and lawyer mobility can prevent imputation of disqualification to the entire firm. The court balances the risk of misuse of governmental information against hardship to the new client and public interests.
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Rule 1.10(d) provides that disqualification of lawyers associated in a firm with former or current government lawyers is governed by Rule 1.11 rather than the ordinary imputation provisions of Rule 1.10(a) through (c).
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