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

or persons in the office with legitimate authority to direct government policy. 6 Similarly,
prosecutors do not represent individuals and are “ministers of justice” 7 who represent a
sovereign government, which has an obligation to “govern impartially.” 8 Some government
lawyers, such as Judge Advocate General lawyers or public defenders, also may be assigned
to represent individuals. 9
The Restatement adopts a contextual approach, which eschews universal definitions of
governmental clients and focuses instead on political and organizational responsibility of
government officials, legal organizations within which government lawyers work, and the
purpose for which one is identifying the client. 10
Competence Government lawyers must be diligent in recognizing special regulations that
govern their own conduct, such as restrictions on accepting gifts or outside compensation,
as well as in recognizing personal financial interests. 11
For example, current federal government lawyers in all three branches of government
are subject to the federal conflict of interest statutes, which limit the ability of all federal
employees, including federal lawyers, to represent or receive compensation to represent
private parties in a “particular matter” in which the United States is a party or has an
interest. 12 Violations of these provisions can result in administrative sanctions and criminal
prosecution. Many governments administer these codes through an internal administrative
process.
Prosecutors exercise substantial power in the criminal justice system. It is regularly
observed that they have the duty to seek justice rather than a professional obligation to
win. 13 Model Rule 3.8 recognizes this obligation to fairly execute the criminal law by
imposing disciplinary rules that reflect constitutional requirements; for example, the duty
to provide exculpatory evidence to criminal defendants 14 or not to prosecute a case without
probable cause. 15
The American Bar Association, the National District Attorney’s Association, and the
U.S. Department of Justice all have promulgated guidelines that seek to promote this
goal. 16 At the same time, prosecutors have civil immunity for judicial actions, 17 which
perhaps explains in part why misconduct often is addressed by these guidelines and other
law. Although professional discipline is not common, it does occur. 18 Beyond discipline,
prosecutors obviously need to avoid conduct that results in reversals of criminal
convictions. 19 Prosecutors also have been held liable under civil rights statutes for erroneous
advice that violates a defendant’s constitutional right. 20
Control and Communication Like the organization’s lawyer, the government lawyer must
take direction from duly authorized constituents of the client. When a given constituent or
group of constituents propose to engage in unlawful conduct, the lawyer must pursue the
matter up the ladder of government authority. 21 For example, when lawyers and
constituents disagree, lawyers for executive branch agencies can appeal a matter not only to
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