June 29, 2007
Talking to the Man
I found this item blogged by Frisch below pretty interesting - its a DC Bar opinion describing when attorneys who represent clients before an agency can talk to agency personnel without going through the agency's GC. It is a contracts-type issue, and I wonder how well it translates into other contexts.
Is it an opinion we should only read as applied to government contractor disputes? I'm not sure it is written that way.
One issue that comes to my mind is what, exactly, an attorney must disclose when that attorney represents several discrete clients in similar matters. That situation might be precluded by conflicts restrictions with representatives of contractors, but in other situations it seems to me the situation would be common. Expecially when matters are in their infancy, the fact of retention and representation can be pretty sensitive. I would assume that counsel doesn't need to disclose representation of other discrete client matters, but is that clear from the opinion?
(Posted by Allison Hayward)
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