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Outside Counsel Deskbook
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Chapters
  1. Representing the FDIC
  2. Conflicts of Interest
  3. Legal Services Agreement
  4. Legal Referral
  5. Case Management
  6. Case Plan and Budget
  7. Invoice Package
  8. Legal Matter Closeout
  9. Post-Representation
      Responsibilities
 10. Foreign Laws Firms

Appendices

  1. Contacts
  2. Statutory Compliance
  3. Electronic Billing / Timekeeping
     
  4. Legal Services -
    Delegations of Authority
  1. Litigation & Resolutions Branch
  2. Corporate Operations Branch
  3. Supervision Branch
  4. Consumer & Legislation Branch

Post-Representation Responsibilities

9.1 Responsibilities as Former Outside Counsel
This chapter identifies some of the responsibilities that continue after your representation of the FDIC concludes. The FDIC recognizes that as a lawyer you are also subject to requirements imposed by the state in which you practice.

9.2 Conflicts of Interest and Confidentiality
As former FDIC outside counsel, you may not, without a written waiver from the FDIC, represent another client against the FDIC in a matter substantially related to any matter in which you previously represented the FDIC. You are also expected to observe all requirements of attorney-client confidentiality after the conclusion of any FDIC representation.

When in doubt about the existence of a conflict, you should nevertheless disclose the matter to the FDIC and seek a waiver. If you have questions concerning conflicts, please contact the Legal Services Group in Washington, DC at (877) 275-3342.

 9.3  File Retention
 As former FDIC counsel, if you decide to retain the files related to the legal matter(s) for which you represented the FDIC, for your own purposes as described in paragraph 8.2,  you have an obligation to preserve such files until the files are either returned to the FDIC or destroyed . Those files may not be destroyed without the express permission of the FDIC as described in Chapter 8, Section 2.

9.4 Contacts with the Public and Media
 All restrictions concerning public and media contacts applicable during your representation of the FDIC continue after your representation concludes. These restrictions are discussed in Chapter 1, Section 1.10.

9.5 Identifying FDIC as a Former Client
You may list FDIC as a former client in published materials provided you comply with the guidance discussed in Chapter 1, Section 1.2.

9.6 Compliance with Subpoenas and Other Court Orders
If you are served with a subpoena, court order or other legal process relating to your representation of the FDIC, you must immediately notify the FDIC’s General Counsel, and may not disclose FDIC records or provide testimony without authorization from the FDIC.

This requirement and the follow-up steps are discussed in FDIC regulations at 12 C.F.R. §§ 309.7(b) and (c).

You agree to cooperate with the FDIC, if the Legal Division decides to appeal or challenge the subpoena or order. Under no circumstances should it be construed that FDIC will represent you in this matter or reimburse you for any legal fees or other expenses you may incur in complying with this requirement. However, FDIC will consider requests for reimbursement on a case-by-case basis. 

 


Last Updated 05/20/2005 legal@fdic.gov

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