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 |