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

(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 provide
competent & diligent rep
&
C provides informed consent

Material limitation
competent & diligent rep
Informed consent

Standards
for
Executive Branch
Officials

Financial
Conflicts of Interest

officer or employee
of
executive branch

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
?

proposal
exempted
Pres. & Veep

Congress
rejected
that
exemption

particular matters
with
specific parties

likely to affect
financial interest
of
household member
or . . .

has a
“covered relationship”
with person who
is or represents
a party

“covered relationship”
household member;
relative w/ close personal relp;
financial relp other than
routine consumer transaction

Not participate in
investigation
or
prosecution
if . . .

personal
or
political
relationship

“Political relationship”
service as a principal
adviser to
candidate, party, or
campaign organization

institutional
conflict
of
interest

AG
will appoint
Special Counsel
if . . .

US Atty’s Office
or
litigating division
has a
conflict of interest

How can a
US Atty’s Office
or
litigating division
have a
?

demise of
Independent Counsel
statute

President, Veep
Cabinet member
Asst AG, high-level DOJ staff
high-level White House staff
presidential campaign officer

Does
DOJ
have an
institutional
?

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