Whether you are a DOJ attorney, an attorney in a regulatory agency, a supervisory attorney, or a federal agency attorney making decisions on policy matters or making decisions that affect the public or other federal employees - you need to know that you are not immune from charges of professional misconduct.

This could take the form of a Congressional, Office of Inspector General (OIG), or any internal administrative complaint/investigation. DOJ attorneys are most familiar with Office of Professional Responsibility (OPR) investigations, allegations of discovery violations, misrepresentations to the court, abuse of prosecutorial decisions, and other allegations of professional misconduct. See Administrative Exposures for other common allegations of wrongdoing against federal attorneys.

The fallout from any one of the above investigations can range from a job action to a State Bar complaint for ethical or professional misconduct. The FEDS professional liability insurance plan would provide you with an attorney experienced in these administrative matters to defend you throughout the investigation and in the unfortunate event there is a job action taken against you.

The FEDS policy would also defend you in a state bar investigation and proceeding arising out the performance of your federal job duties. For coverage effective today, purchase PLI now.

The fact that you are an attorney employed by the federal government does not preclude you from the vulnerabilities that other federal employees are subjected to. It also does not preclude you from some of the vulnerabilities that attorneys in private practice face. Debra Roth, partner at Shaw, Bransford & Roth has represented federal employees including federal attorneys and AUSA's for over 20 years and has this to say - (see full quote):

"For federal attorneys in regulatory agencies, public and congressional scrutiny is a given. And if you’ve worked in government for at least a few years, you’ve seen that this scrutiny can lead to internal investigations into complaints from the public and congressional inquiries or investigations if the matter gains political interest. Just ask an SEC attorney who works in the post-Maddoff SEC workplace. If you’re a DOJ attorney, then allegations of professional misconduct such as an alleged Brady violation, a failure to disclose a conflict of interest, or a misrepresentation in a pleading are all subject to rigorous investigation by DOJ’s Office of Professional Responsibility.

"And for AUSA’s, there is the added risk of being sued personally for prosecutorial decisions and by prisoners. Although most personal suits against AUSA’s are routinely dismissed by motion, there are the occasional suits in the post 9/11 theater that present more unique or complicated facts and claims that are not summarily dismissed. And frankly, there is nothing “routine” about an OPR investigation or Bar complaint.

"In my 20 years representing federal employees, I have represented many federal attorneys and AUSA’s, all of whom have commented on the peace of mind and satisfaction they experienced by having the objectivity, focus, and clarity of private counsel through one of these processes.

"The professional liability insurance offered by FEDS essentially offers federal attorneys the benefits that attorneys in private practice obtain from malpractice and general liability insurance policies. For a fraction of what private malpractice insurance costs, FEDS provides legal defense counsel and judgment protection from suits.

"If attorneys in private practice carry these protections, and your jobs involve the use of power and authority unique to the federal government, all of which makes you more vulnerable to allegations of ethical or professional misconduct, then you have to ask yourself why you wouldn't protect yourself too."

For DOJ attorneys, the OPR investigative process and conclusion and/or the resulting notification of findings to the Bar disciplinary authorities begins with the investigation. For DOJ attorneys accomplished in their own right, the article in our reading room detailing the OPR process (found here) offers validation to the protections offered by PLI policy. These are just some of the reasons that the National Association of Assistant United States Attorney (NAAUSA) recommends that all AUSAs purchase professional liability insurance.

Attorneys can also be exposed to civil suits and criminal investigations, albeit at a much lesser degree than the Administrative Exposures. These civil suits are typically called Bivens actions and the DOJ has the discretion as to whether or not it will defend you in a personal capacity lawsuit arising out of your scope of employment. AUSAs and other DOJ attorneys are most vulnerable to these civil actions because they are on the front line of the prosecutions and prosecutorial decisions. A federal attorney can be investigated criminally for even the most trivial matters and false allegations. See federal attorney Civil Exposures and Criminal Exposures for additional information.

The FEDS policy provides attorneys with up to $2,000,000 in indemnification limits for civil law suits, up to $200,000 in an administrative investigation, a disciplinary action or a judicial sanction proceeding, and up to $100,000 for criminal legal defense.

FEDS continually works with the NAAUSA to ensure that we provide the best protection available. Please read what Dennis Boyd, the Executive Director of NAAUSA, and others have to say about professional protection and why they recommend FEDS.

FEDS Founder and President is a former federal attorney who has defended federal employees and encourages all federal employees to be informed as possible about the benefits of having PLI protection in place. FEDS costs start at just $270. For coverage effective today, you can purchase PLI now.