USDOJ: JMD: Departmental Ethics Office: Representations Before the Government

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Justice Management Division
Serving Justice - Securing Results

An employee may not receive compensation for the representation of anyone before an agency or court of the Federal Government on a matter in which the United States is a party or has a substantial interest. This prohibition applies whether the employee renders the representation himself or shares in compensation from someone else's representation.

18 U.S.C. § 203

An employee also may not represent anyone before an agency or court of the Federal Government, with or without compensation, on a matter in which the United States is a party or has a substantial interest.

18 U.S.C. § 205

There are exceptions to the above statutes for representing an employee's immediate family, testifying under oath, representing another employee in personnel administration proceedings and representing a non-profit organization if a majority of the members are federal employees or their families.

Service As An Expert Witness

An employee may not serve as an expert witness in her private capacity in any proceeding before the United States in which the United States is a party or has an interest, unless specifically authorized.

5 C.F.R. § 2635.805 (see Subpart H - Outside Activities, Service as an expert witness)


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