Legal Question in Legal Ethics in District of Columbia
Ethics of outside counse
Scenario
1) Company A complains to FTC about actions of Company B.
2) FTC brings adminstrative complaint against Company B.
3) Company B does not settle with FTC but proceeds to trial in front of an administrative law judge (ALJ).
4) During trial the lawyers for Company A provides the following assistance to the FTC Complaint Council (CC):
a) work on doucuments used by the FTC CC during trial (eg Findings of Facts, opening brief outline, post-trial brief outline).
b) meet with FTC CC and witnesses to prepare testimony.
Questions
1) Are the actions of the lawyers for Company A ethical/illegal?
2) Are the actions of FTC CC ethical/illegal?
3) Can company A lawyers claim attorney client privilege for the assistance provided to the FTC CC and who is the client - Company A or FTC?
1 Answer from Attorneys
Re: Ethics of outside counse
1-I fail to see any issue with unethical or illegal actions. Being well prepared is not a problem.
The FTC CC can use whatever documents they wish, as long as the lawyers for Company B have the same options, and can review the documents.
An ex-parte meeting with lawyers for company A would be improper.
2-Same as #1. Where a judge, or judges, have questions about the law, they frequently ask for briefs from counsel.
3-Obviously A is the client, and no attorney client privilege is involved with the FTC CC.
I am assuming you have a major interest in Company B prevailing,and that either Company A is correct, or Company A had better lawyers than you had.
Good luck!
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