The FCBA Professional Responsibility and Legislative Committees will sponsor a CLE on Tuesday, April 4, from 6:00 – 8:15 p.m. entitled “The Ethics of Lawyers and Lobbying.” This program will be held at Cooley LLP, 1299 Pennsylvania Avenue, NW, (enter from 12th and E Streets), Suite 700.
6:00 – 6:05 p.m. Welcome and Introductions
6:05 – 7:05 p.m. Overview and Discussion of the Various Professional Responsibility Rules Applicable to Lobbying Matters
A panel of experts will discuss and distinguish the types of professional responsibility requirements that apply to a lawyer when lobbying. These include the D.C. rules regarding the unauthorized practice of law (“UPL”) and the Rules of Professional Conduct (“the D.C. Rules”) as applied to lobbying, as well as the Lobbying Disclosure Act (“LDA”).
• What does “lobbying” mean for purposes of UPL and the D.C. Rules? What conduct is permitted? What obligations imposed? Who can lobby consistent with the UPL rules and the D.C. Rules? How do these rules impact lawyers who lobby?
• How do the District of Columbia, Maryland and Virginia UPL and Rules of Professional Conduct differ with respect to lobbying?
• How does the LDA differ from the UPL? Who are “covered” officials?
7:05 – 7:15 p.m. Break
7:15 – 8:15 p.m. Practical Application of the Rules to Telecommunications Practice
The panel will discuss a series of hypotheticals to analyze the impact of the rules on the telecommunications lawyer-lobbyist.
• When and how do the legal ethics rules apply to lobbying engagements, including the conflicts rules and the rules governing fees? What rules govern lobbying and lawyers not admitted in the District of Columbia? What if a lawyer is working at or collaborating with a lobbying or consulting firm?
• What if a lobbying engagement is intertwined with the provision of legal services? How can an attorney disclaim the provision of legal services? What if a lawyer in a law firm is only lobbying and not providing legal services for a client? What if a lawyer in a D.C. law firm who is not admitted in D.C. represents a client in a lobbying matter?
Patricia J. Paoletta, Partner, Harris, Wiltshire & Grannis, LLP, (Former Senior Advisor, International Bureau, Federal Communications Commission; Former Director, Telecommunications Trade Policy, United States Trade Representative; Former Majority Counsel, US House of Representatives, Committee on Energy and Commerce)
Shawn H. Chang, Partner, Wiley Rein LLP (Former Senior Counsel and Chief Counsel, US House of Representatives, Committee on Energy and Commerce)
Thomas B. Mason, Partner, Harris, Wiltshire & Grannis, LLP (Chair, Legal Ethics and Malpractice Group; Co-Chair FCBA Professional Responsibility Committee)
Andrew Siff, Siff and Associates, PLLC (Member, DC Bar Continuing Legal Education Committee; Former Chief of Staff, Counselor, US Secretary of Labor; Former Counsel and Chief Counsel, US Senate Committee on Rules and Administration)