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Post by lawguardian on Feb 3, 2009 16:06:38 GMT -5
Do you think there is a conflict of interest in performing pro bono work with foreclosure modifications and being a senior attorney for ODAR? Should the possibility of such a conflict preclude one from being able to receive permission to participate in such outside activity when the attorney could clearly recuse themselves from cases where the issue arises? thoughts? comments?
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Post by valkyrie on Feb 3, 2009 16:18:53 GMT -5
It doesn't sound like a good idea to me. You are supposed to ask permission from regional first, which you won't get. So if you don't say anything to your HOD or regional, how are you going to explain why you need to pass an actual conflict case on to someone else? From a more practical standpoint, it would appear unwise to take on a pro bono area in which your ODAR cases have some pretty heavy crossover. Just my thoughts and comments.
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Post by workdrone on Feb 3, 2009 17:27:38 GMT -5
I agree with Valkyrie's assessment. If you can already see a potential conflict of interest this far away and don't get permission from the region first, you're going to have alot of explaining to do if you actually have to recuse yourself at some point. Region is unlikely to give permission since they'll see the same issues that's giving you pause right now. So you can either ask for permission first and be ready to hear a "No" and back down, or abandon this idea now. The worse thing you can do is go ahead and do it without authorization, because if a conflict does pop up in the future, you'll be between a rock and a hard place.  |
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Post by polyscifi on Feb 7, 2009 9:13:26 GMT -5
Post deleted
There are differences in opinions, and then there are truly bad advice that can really hurt someone's career if things go wrong in a big way. This is one of them.
Admin
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Post by zero on Feb 7, 2009 13:42:18 GMT -5
Don't follow this advice. My agency requires that I seek permission for the outside practice of law and I'll bet yours is the same. Also, if you file a financial disclosure form, you may need to disclose the representation. |
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Post by polyscifi on Mar 7, 2009 9:40:24 GMT -5
A thousand pardons for submitting such a post. Please direct me in the right direction about outside work. Either I mis-read or mis-interpreted the rules. Thanks. Post deletedThere are differences in opinions, and then there are truly bad advice that can really hurt someone's career if things go wrong in a big way. This is one of them.
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Post by professor on Mar 10, 2009 11:19:06 GMT -5
My primary job is with SSA, with a second job teaching college classes. My work activities are closely scrutinized from time to time. You absolutely do need to request permission for outside work first. It will take a while to process though. My request took about five months to be approved -- and that's without any shadow of conflicts of interest. Ultimately, my HOCALJ and HOD had to get involved to light a fire under the powers that were holding it up.
Prof
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Post by vand**e on Mar 10, 2009 15:35:12 GMT -5
I work for another federal agency and requested permission to do the same type of work in my home state. Permission was denied by the ethics counsel and pro bono board. Their reasoning was, with the possibility of federal participation/intervention in the banking and mortgage industry, a federal attorney negotiating mortgage relief might raise the appearance of impropriety. While I personally feel this reasoning is a bit obtuse (as I would have been participating in a state bar sponsored program and not identifying myself as a fed), I do respect the ethics counsel's right to make the call. I'm currently looking at doing some child protection work in a nearby city instead. With the sad state of the economy, many people seem to take out their frustrations on their kids. Hope this helps.
- Van
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