Week 3
The Ethics of Client Representation for Attorneys General
Syllabus: The Role of the State Attorney General
All lawyers must adhere to their state’s Rules of Professional Conduct, e.g. “the Model Rules.” Failure to comply can result in severe sanctions including a revocation of a lawyer’s license.
Obeying these rules is therefore a requirement for the continued employment of a lawyer by a government legal agency including offices of attorney general. Government lawyers are also bound by state ethics laws and regulations that are generated by their own state law and governmental agencies.
The Model Rules have been created by the American Bar Association and are focused on the private practice of law. They have been carefully drafted and are replete with numerous advisory rulings and official opinions from various ABA committees. A lawyer who follows the Rules is generally referred to as “ethical.”
Because the Model Rules are designed for the private practice of law they are often not consistent with the requirements of government lawyering. This Chapter examines the difficulty of aligning the Rules with the day-to-day responsibilities of attorneys general and their staff. This is done by use of hypotheticals drawn from real life situations that occur with some frequency that are hidden from the public's view because of attorney client confidentiality.
Note: Links to the readings below open in this window/tab in H20 Casebook. Use your browser’s “back” button to return to the syllabus.
- Justin G. Davids, State Attorneys General and Client-Attorney Relationship: Establishing the Power to Sue State Officiers, 38 Colum. J.L. & Soc. Probs. 365 (2005).
- Jack B. Weinstein, Some Ethical and Political Problems of a Government Attorney, 18 Me. L. Rev. 155 (1966).
- Articles describing the evolving positions of then Alabama Attorney General William Pryor and then Alabama Supreme Court Chief Justice Roy Moore (2003 - 2004).
- Pryor offenses: Bill Pryor has led a religious right crusade against church-state separation in Alabama, Americans United for Separation of Church and State (2003)
- State Court Orders Commandments' Removal All Eight Colleagues Of Ala. Chief Justice Vote to Overrule Him, Birmingham News, Aug 22, 2003
- Pryor Calls for Removal of Moore Says Expulsion Needed to Protect The Public, Birmingham News (Alabama) November 11, 2003
- Combined Readings: AG Maura Healey and Bridgewater State University (2016 - 2017).
- Watts, A., & Martinez M., Judge rejects Arizona's effort to dismiss prison teacher rape lawsuit, CNN (Feb. 5, 2015).
- Freeport-McMoran Oil & Gas Co. v. Federal Energy Regulatory Commission: 295 U.S. App. D.C. 236 1992-04-24
- Indiana Attorney General Curtis Hill's law license suspended 30 days, May 11, 2020
- Disciplinary Complaint against SC AG Alan Wilson, Office of Disciplinary Counsel, SC, Jan. 12, 2021
- The Four Seasons – Ethics Hypotheticals