Law firms employing former government employees that engage in lobbying or other active interaction with government agencies must take special care to comply with a variety of ethics rules. Protecting against a phenomenon known as the "revolving door," these rules delineate when, if ever, former government employees can interact with their former employers.
On a federal level, the Federal Ethics in Government Act (Section 207) and Rule 1.11 of the DC Bar Rules control. Similar rules apply in many state and local jurisdictions. The general principle of these rules is that attorneys cannot work on matters in private practice that they dealt with as government employees. In some jurisdictions, such as Washington DC, this ban is permanent. However, in some instances, lobbying activity may be allowed after as little as a one year embargo.
While violations are rare, the stakes are high. The Federal Ethics in Government Act is a criminal statute; the US Department of Justice is charged with investigating and prosecuting violations. With a variety of ethics rules applicable based on jurisdiction and situation, law firms must take all reasonable steps to ensure compliance.
This includes not only making sure attorneys are properly educated and informed but also making sure that the firm takes steps to protect against accidental infractions. Additionally, firms must take steps to protect against even the appearance of or potential for improper behavior, as external perceptions can be damaging.
Wall Builder allows firms to establish ethical walls between attorneys who were formerly government employees and any individuals or teams working on matters that involve their former government employers. With an automated approach that curbs access across a broad variety of information repositories, Wall Builder helps firms prevent accidents. With extensive logging and audit capabilities it also helps verify compliance and prevent even the appearance of impropriety.
