[textbook]Traversing the Ethical Minefield Problems, Law, and Professional Responsibility by Susan R. Martyn (z-lib.org)(1) (1)

Lawyers and Clients:
Representing Governments
A substantial group of lawyers provide legal services to federal, state, and local government
units in the widest variety of matters. 1 Model Rule 1.13, Comment [9] extends the rule’s
entity concept of organizations to governmental organizations, but cautions that issues
related to client identity and fiduciary obligations may be shaped not only by the
government lawyer’s general and specific ethical obligations, but also by the government
client’s public obligations imposed by constitution, statute, regulation, or common law. 2
Unlike private lawyers, lawyers who work for governmental units also are subject to
additional regulations found in federal and state statutes and regulations that govern their
conduct. 3 Comment [1] to Model Rule 1.11 expressly refers to this other law.
The Six C’s
The Clients At various times, government lawyers have identified their client as an agency
official, the agency itself, a branch of government, the government itself, or the people
served by the government. 4 Government lawyers work within complex legal structures that
authorize their own and their clients’ work. Lawyers who work for government agencies
typically view their client as the agency, with its policy articulated by the agency officer who
has the power to decide a particular matter. 5 On the other hand, lawyers who work in a
state attorney general office or the U.S. Department of Justice might define their client as
the state or federal government itself, where the public interest is articulated by the person
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