DOJ Office of Legal Counsel Opinions

The Office of Legal Counsel (OLC) at the Department of Justice renders legal opinions on questions of law when requested by the President and by the heads of executive branch agencies and departments. In this index, the U.S. Office of Government Ethics provides links to OLC opinions about the conflict of interest statutes--18 U.S.C. §§ 203, 205, 207, 208, and 209.

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January 26, 2007

Days of Service by Special Government Employees (PDF)

The longstanding interpretation of the Executive Branch that service by a special government employee during any part of a day counts as a full day under 18 U.S.C. §§ 203 and 205, which impose greater conflict of interest restrictions after a special government employee works 60 days, is reaffirmed.

May 8, 2002

Application of Conflict-of-Interest Rules to Appointees Who Have Not Begun Service

In this memorandum the Office of Legal Counsel discusses whether the principal conflict-of-interest rules of the executive branch apply to a person who has been appointed to an office by the President with the advice and consent of the Senate but has not yet begun the duties of that office.

January 3, 2000

Applicability of 18 U.S.C. § 205(a)(2) to Representation before Non-Federal Agency

18 U.S.C. § 205(a)(2), which bars a Federal employee from acting as an agent or attorney before any "agency . . . in connection with any covered matter in which the U.S. is a party or has a direct and substantial interest," applies only to Federal agencies and does not apply to state agencies or agencies of the District of Columbia.

February 11, 1999

Attorney's Fees for Legal Service performed prior to Federal Employment

18 U.S.C. § 205 prohibits a Civil Division attorney from receiving attorney's fees for work in a case against the United States performed prior to federal employment when the right to payment depends on a finding of liability and award against the United States that takes place after the attorney's entry into federal employment.

January 11, 1999

Application of 18 U.S.C. § 205 to Employees serving on an Intergovernmental Personnel Act Assignment

A federal employee assigned to a state or local government or other non-federal entity under the Intergovernmental Personnel Act is not prohibited by 18 U.S.C. § 205 from representing the interest of the non-federal entity before the federal government, including the employee's agency, if such representational activity is affirmatively included with the scope of the employee's assignment as determined by the federal agency head.

November 7, 1994

Application of 18 U.S.C. § 205 to communications between National Association of Assistant U.S. Attorneys and Department of Justice

The restrictions of 18 U.S.C. § 205 preclude current federal employees from representing the National Association of Assistant United States Attorneys ("NAAUSA") before the Department of Justice regarding compensation, workplace issues, and other issues that focus on the interests of Assistant United States Attorneys ("AUSAs") or another discrete and identifiable class of persons or entities.