Conflict of Interest Standards for Advocates & Government Officials
50
Interest: Advocates & Government Officials Kathleen Clark District of Arizona Annual Conference Tucson March 10, 2017
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Transcript of Conflict of Interest Standards for Advocates & Government Officials
Conflicts of Interest:Advocates &
Government Officials Kathleen Clark
District of Arizona Annual Conference Tucson
March 10, 2017
Standardsfor
Lawyers
ABAModel
Rule1.7
(a)
L shall not represent C if there is significant risk that
the representation will be materially limited
by a personal interest of L
(b)
Notwithstanding (a),L may represent C if
reasonably believes can providecompetent & diligent rep
&C provides informed consent
Material limitationcompetent & diligent rep
Informed consent
Standards for
Executive Branch Officials
FinancialConflicts of Interest
18 USC § 207(a)
officer or employee of
executive branch
[ Not contractors ]
can not
participate in a particular matter
proceeding, application,
contract, claim,
controversy, charge,
accusation,
in which he has a financial interest
Should this financial conflict statute
apply to the President
?
1863
FalseClaims
Act
no exceptionfor
President
1962
President Kennedy
proposalexempted
Pres. & Veep
Congressrejected
thatexemption
1989
PresidentGeorge H.W. Bush
broad set of
reforms
exemptedPres. & Veep
adoptedwithout
discussion
ImpartialityMandate
5 CFR 2635.502
particular matters with
specific parties
not participate if . . .
likely to affect financial interest
of household member
or . . .
has a “covered relationship”
with person whois or represents
a party
“covered relationship”
household member;relative w/ close personal relp;
financial relp other than routine consumer transaction
DOJ reg:personal recusal
28 CFR 45.2(a)
Not participate ininvestigation
orprosecution
if . . .
personalor
political relationship
“Political relationship”service as a principal
adviser tocandidate, party, or
campaign organization
personalconflict
of interest
institutionalconflict
of interest
28 CFR 600.1
AG will appoint
Special Counselif . . .
US Atty’s Officeor
litigating divisionhas a
conflict of interest
How can a US Atty’s Office
orlitigating division
have aconflict of interest
?
1999
demise ofIndependent Counsel
statute
President, VeepCabinet member
Asst AG, high-level DOJ staffhigh-level White House staffpresidential campaign officer
Does DOJ
have aninstitutional
conflict of interest?
Conflicts of Interest:Advocates &
Government Officials Kathleen Clark
District of Arizona Annual Conference Tucson
March 10, 2017
