Management Advisory Memorandum: Notification of Concerns Regarding Lack of Department Policy Requiring Express Authorization for Department Attorneys to Participate in the Criminal or Civil Investigation or Prosecution of Former Clients

The Department should modify existing policy concerning a DOJ attorney's participation in a criminal or civil investigation or prosecution in which a former client is a witness, subject, target, defendant, or party, to ensure that any such participation does not cause a reasonable person to question that attorney's impartiality.

The Department should consider what requirements, guidance, and/or training should be provided to any incoming Department attorneys entering service regarding their handling of potential conflicts arising from their representation of clients arising from their representation of clients prior to joining DOJ.