Justice Management Division
Serving Justice - Securing Results

No employee may engage in the practice of law unless it is uncompensated and in the nature of community service, or unless it is on behalf of himself, his parents, spouse or children. The Department interprets “uncompensated and in the nature of community service” to include almost any uncompensated practice. For example, activities such as preparing a will for a neighbor, representing a cousin in a divorce proceeding or writing a letter for a friend with a grievance against a private employer would be excepted from the ban. However, an employee must obtain written approval from his Component Head before engaging in any outside practice of law.

While most uncompensated activities are permissible, an employee is prohibited from engaging in any practice of law which involves a criminal matter, be it Federal, state or local, or any matter in which the Department is or represents a party. The paid practice of law is also prohibited. These prohibitions may be waived by the Deputy Attorney General if the restrictions will cause undue personal or family hardship, unduly prohibit an employee from completing a professional obligation entered into prior to Government service, or unduly restrict the Department from securing necessary and uniquely specialized services. All requests for a waiver of these prohibitions should be made through the Departmental Ethics Office.

5 C.F.R. § 3801.106