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FREQUENTLY
ASKED QUESTIONS ABOUT THE DEPARTMENT'S PRO BONO AND VOLUNTEER SERVICES
POLICY
I. Definitions
and Limitations
What types of services
may I provide under the policy?
Pro bono legal work and volunteer services are broadly defined to include
many different types of activities performed without compensation. Examples
include, but are not limited to, services to persons of limited means
or other disadvantaged persons, assistance to charitable, religious, civic,
community, governmental, health, and educational organizations, services
to individuals or groups seeking to protect civil rights, civil liberties
or public rights, and activities seeking to improve the law or legal system.
What types of pro
bono and volunteer services are prohibited?
You may not provide services that involve criminal or habeas corpus matters,
or the representation of a third party before the federal government.
In addition, any service that would conflict with your official duties
is also prohibited. (See questions below on conflicts of interest.)
May I provide services
to political organizations?
Yes, however, you must comply with the restrictions of the Hatch Act (5
U.S.C. ß 7234) and any Departmental policy concerning political activities
by high-level and political appointees. It should be noted that the Office
of Personnel Management has stated that it would be inappropriate to grant
administrative leave to employees to engage in partisan political activities.
Also, because partisan political activity is subject to more restrictive
rules than other non-official activity, no partisan political activity
may take place on government time or by using government property. See
5 C.F.R. Part 734.
May I represent
someone in an action against the United States?
No. 18 U.S.C. ß 205 prohibits you from representing another person before
any court or agency of the United States, in a matter in which the United
States is a party or has a direct and substantial interest. There are
limited exceptions for representing your immediate family (spouse, child,
and parents), fellow employees in personnel administration proceedings,
and certain employee organizations in limited circumstances.
May I assist persons
seeking government benefits?
Yes, in limited ways. You may provide non-representational assistance,
such as filling out forms for a person seeking government benefits. However,
you should be mindful that you may not contact a federal agency, with
the intent to influence, on behalf of another person except those persons
permitted by 18 U.S.C. ß 205(e). You may not represent a third party before
any government agency.
May I prepare income
tax returns?
Yes, however, you are prohibited from representing another person before
the IRS in connection with a tax return.
May I assist family
and friends?
Yes, provided the services you are providing fall within the definition
of pro bono and/or volunteer services and you are not receiving compensation.
NOTE: Some components permit employees to represent family and friends
in non-pro bono matters as long as the United States is not a party and
the matter is not criminal in nature. You should contact your Ethics Advisor
if you would like to represent a family member or friend and the representation
does not fall within the definition of pro bono or volunteer services.
II. Use of Position
and Agency Resources
May I use my official
position in connection with my pro bono and/or volunteer services?
No. You may not indicate or represent in any way that you are acting on
behalf of the Department, or in your official capacity, when providing
pro bono or volunteer services.
May I use office
letterhead or my business cards?
No. You may not use office letterhead, business cards, fax cover sheets,
etc., or otherwise identify yourself as a Department employee in any communication,
correspondence, or pleading.
May I give out
my office address and telephone number?
Yes. The incidental identification of your official position or office
(for example, when a street address is not sufficient to ensure mail delivery,
or when receiving a telephone call) is not prohibited.
May I use the telephone
and fax machine?
Limited telephone and fax calls to locations within the office's commuting
area, or that are charged to non-government accounts, are permissible.
However, you should be mindful that such use must not interfere with official
business.
May I use e-mail
or the internet?
You may use internal e-mail to consult with your pro bono committee representative,
your Ethics Advisor, or other DOT employees with whom you are working
on a case or program. Occasional individual e-mails to colleagues on a
question related to a pro bono matter are permitted, but no group or broadcast
e-mails are permitted. Reasonable use of external e-mail is also permitted
as long as you indicate that the e-mail is sent in your personal, rather
than official, capacity. You may also use the Internet but should first
familiarize yourself with the Department's policies concerning Internet
use since there are security, confidentiality and other considerations
that may apply.
May I use government
property in connection with my services?
Consistent with DOT's Pro Bono Policy, it is reasonable to allow attorneys
de minimus use of office equipment (including use of fax machines and
telephones only within the local are codes) in connection with pro bono
activities. Thus, use of Government offices and equipment (including library
facilities and equipment but not on-line legal research services) is permissible
only if it involves negligible additional expense to the Government.
May I ask my secretary
to assist me?
No. Pro bono and volunteer services are not official duties and may not
be assigned to or required of support staff. However, support staff may
volunteer their services.
May I participate
in pro bono and/or volunteer services on government time?
You are encouraged to seek pro bono and volunteer opportunities that can
be accomplished outside of your scheduled working hours. However, activities
may sometimes occur during the workday. Supervisors are urged to be flexible
and to accommodate, where feasible, efforts of employees to do volunteer
work. Supervisors should give consideration to allowing a limited amount
of administrative leave where the pro bono work is directly related to
the agency's mission or will enhance the professional development skills
of the employee in his or her current position. You may be granted annual
leave, leave without pay, or may be permitted to make up any time you
are away from the office. Please see April 23, 1998, OPM Memorandum on
Participation of Federal Employees in Volunteer Activities at www.opm.gov/oca/compmemo/1998/cpm98-v.htm.
III. Conflicts
of Interest
Who should I talk
to about any possible conflicts of interest?
Your Ethics Advisor.
What constitutes
a conflict of interest?
Any activity that would:
1. Violate any federal statute, rule, or regulation, including for example,
18 U.S.C. ß 201 et seq. and the Standards of Conduct at 5 C.F.R. ß 2635;
2. Interfere with the proper and effective performance of your official
duties, including time availability;
3. Cause a reasonable person to question the integrity of the Department's
programs or operations;
4. Require your recusal from significant aspects of your official duties;
5. Create an appearance that your official duties are being performed
in a biased or less than impartial manner; or
6. Create an appearance of official sanction or endorsement.
Must I get approval
to provide pro bono and/or volunteer services?
An employee seeking to engage in any pro bono legal work or volunteer
services should notify his or her supervisor to ensure that there isn't
any conflict of interest or ethical concerns.
IV. Miscellaneous
Must my client
sign a retainer?
It is recommended that you have all clients sign a retainer letter acknowledging
the fact that you are acting in your individual capacity and not on behalf
of the Department. The Pro Bono Services Committee Chairperson and each
Chief Counsel's Representative has a sample retainer.
What about malpractice
coverage?
The Department does not provide malpractice coverage. Generally, volunteer
programs organized by the local bar or more established referral programs
provide malpractice coverage. The Pro Bono Representative will have information
regarding which programs provide coverage.
May I participate
if I am not a member of the D.C. Bar?
Under a recent amendment to D.C. App. Rule 49, federal government attorneys
who are not members of the D.C. Bar may provide legal counsel without
fee provided that such a matter is assigned or referred to the attorney
by an organization that provides legal services to the public without
fee, the attorney is a member in good standing of another bar, the attorney
provides the service without fee, and the attorney is supervised by an
enrolled, active member of the District of Columbia Bar. The Pro Bono
Committee is working to identify legal services organizations that provide
the required supervision. Please contact your Pro Bono committee representative.
What happens if
I leave the Department while I am engaged in a pro bono case?
When you take a pro bono case, you enter an attorney-client relationship.
If you leave the Department, you are required to either take the case
with you or make arrangements for continuity of representation. You should
contact the referring organization or your pro bono representative if
you feel that you need to transfer the case. They may be able to assist
you.
Is there a committee
within the Department to oversee this program?
Yes. A Pro Bono and Volunteer Services Committee has been established
to oversee the implementation of the program. The committee is chaired
by a representative from the General Counsel's Office and includes representatives
from each mode. In addition, each component has been asked to appoint
a pro bono representative to publicize and coordinate activities in the
component.
How do I find out
who my pro bono representative is?
Your pro bono committee representatives are
listed here.
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