Law360 interviewed Legal and Government Ethics Attorney Dayna Underhill about the U.S. Department of Justice's recent disqualifications of former top-level government attorneys whom judges believed brought too much inside information to their case. These rulings are based on the New York legal ethics rule that states, "lawyers shall not represent a client in connection with a matter in which the lawyer participated personally and substantially as a public officer or employee, unless the appropriate government agency gives its informed consent."
"The question of what it means to participate in a matter 'personally and substantially' requires a fact-based, case-by-case analysis," said Ms. Underhill
"While we try to make good decisions based on the information we have, sometimes a court takes a different look at the facts and circumstances and says, 'You know what, this crosses a line.' The individual in the black robe gets to make that call."
Please note that email communications to the firm through this website do not create an attorney-client relationship between you and the firm. Do not send any privileged or confidential information to the firm through this website. Click "accept" below to confirm that you have read and understand this notice.