Waiver to Obtain Attorney Fee Reimbursement: Hearing Before the Subcommittee on Administrative Law and Governmental Relations of the Committee on the Judiciary, House of Representatives, Ninety-ninth Congress, Second Session on Waiver to Obtain Attorney Fee Reimbursement, March 20, 1986, Nide 4U.S. Government Printing Office, 1986 - 55 sivua |
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Administrator agency allegations Anne Burford appropriate Assistant Attorney attor attorney-client relationship attorneys fees Bennett Chairman Civil Division claim client committee committee's report criminal forum criminal proceedings Department and White Department attorneys Department of Justice Department's discretion Edward Bennett Williams employed employee with respect employee's executive privilege February February 19 federal expense filed former federal employee frankly Fred Fielding GLICKMAN Goldstein indicated individual capacity intent investigation involved Justice Department KINDNESS lawsuit lawyers litigating division matter Meese ment misdeeds negotiating team official overreaching paid Powell private attorney private counsel private legal fees providing representation question receipt received regarding reimbursement represented request reserve the right response retention agreement REYNOLDS Rodino scope settlement special prosecutor specifically STAGGERS statute submit Superfund testimony Thank tice tion U.S. Government ultra vires undertake a full United Vardaman waiver wanted to reserve White House Counsel William Bradford Reynolds Williams & Connolly
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Sivu 30 - Where national security interests may be involved, the Department of Justice will consult with the agency employing the federal defendant seeking representation. (2) Federal payments to private counsel for an employee will cease if the private counsel violates any of the terms of the retention agreement or the Department of Justice. (i) Decides to seek an indictment of. or to file an information against, that employee on a federal criminal charge relating to the conduct concerning which representation...
Sivu 30 - The conduct with regard to which the employee desires representation does not reasonably appear to have been performed within the scope of his employment with the federal government...
Sivu 28 - Department attorneys who represent an employee under this section also undertake a full and traditional attorney-client relationship with the employee with respect to the attorney-client privilege. Any adverse information communicated by the client-employee to an attorney during the course of such attorney-client relationship shall not be disclosed to anyone, either Inside or outside the Department, other than attorneys responsible for representation of the employee, unless such disclosure is authorized...
Sivu 28 - Unless the employee's employing federal agency concludes that representation is clearly unwarranted, it shall submit, in a timely manner, to the Civil Division or other appropriate litigating division (Antitrust, Civil Rights, Criminal, Land and Natural Resources or the Tax Division), a statement...
Sivu 28 - ... be in the interest of the United States. In circumstances where considerations of professional ethics prohibit direct review of the facts by attorneys of the litigating division (eg because of the possible existence of inter-defendant conflicts) the litigating division may delegate the fact-finding aspects of this function to other components of the Department or to a private attorney at federal expenses. (3) Attorneys employed by any component of the Department of Justice who participate in...
Sivu 30 - Once undertaken, representation of a federal employee under this subsection will continue until either all appropriate proceedings, including applicable appellate procedures approved by the Solicitor General, have ended, or until any of the bases for declining or withdrawing from representation set forth in this section is found to exist, including without limitation the basis that representation is not in the interest of the United States. If representation is discontinued for any reason, the representing...
Sivu 30 - Department must approve in advance any private counsel to be retained under this section. Where national security interests may be involved, the Department of Justice will consult with the agency employing the federal defendant seeking representation. (2) Federal payments to private counsel for an employee will cease if the private counsel violates any of the terms of the retention agreement or the Department of Justice.
Sivu 30 - ... situations, the procedures of § 50.16 will apply. (7) Once undertaken, representation under this subsection will continue until either all appropriate proceedings, including applicable appellate procedures, have ended, or until any of the foregoing bases for declining or withdrawing from representation is found to exist, including without limitation the basis that representation is not in the interest of the United States. In any of the latter events, the representing Department attorney on...
Sivu 28 - ... division (Antitrust), Civil Rights, Criminal, Land and Natural Resources or the Tax Division), a statement containing its findings as to whether the employee was acting within the scope of his employment and its recommendation for or against providing representation. The statement should be accompaned by all available factual information.
Sivu 30 - Feb. 25, 1982] § 50.16 Representation of Federal employees by private counsel at Federal expense. (a) Representation by private counsel at federal expense is subject to the availability of funds and may be provided to a federal employee only in the instances described in § 50.15(a) (6), (9) and (10), and in appropriate circumstances, for the purposes set forth in § 50.15(a)(2).