Section 8-A208. CONFLICTS OF INTEREST IN CLINICAL REPRESENTATION

 

208.1As an agency of the District of Columbia, the School of Law must be aware of the potential for inherent conflicts between the mission and operation of the School of Law and the operation of the government of the District of Columbia. Therefore, prior to undertaking significant claims or actions against the District of Columbia which could lead to substantial expenditures of funds from the District budget, or which could lead to substantial involvement by the court in the management, policies, or financial decisions and priorities of another District agency, the following steps shall be taken:

 

(a)Each case shall be reviewed by the director of clinical programs to ensure the following:

 

(1)That the best interests of the client and, therefore, the Rules of Professional Conduct require the initiation of litigation or other action;

 

(2)That the case is brought in the public interest, and that the case is not brought for any purpose that is prohibited by the applicable court rules; and

 

(3)That the case is consistent with the educational mission and academic policies and goals of the School of Law.

 

(b)If the director of clinical programs determines that the representation should be undertaken, he or she shall make a written recommendation to the Dean which sets forth the nature of the case and client, states how each of the criteria set forth in paragraph (a) of this subsection have been met, and sets forth any other reasons why the case should be undertaken; and

 

(c)After consideration of the recommendation of the director of clinical programs and, if appropriate, consultation with the faculty or Board of Governors, the Dean shall determine whether representation shall be undertaken by the School of Law.

 

208.2All participants in the clinical programs of the School of Law shall be sensitive to potential conflicts of interest, as defined by the Canons of Ethics of the American Bar Association and the applicable Rules of Professional Conduct for the practice of law in the District of Columbia.

 

208.3All cases of potential conflict of interest shall be brought to the attention of the Dean and shall be resolved by the determination of the Dean.

 

208.4In cases where there is a relationship between a member of the faculty and any party or other person which creates a conflict of interest with respect to representation in a particular action or of a particular client, the faculty member must disqualify himself or herself. The faculty member shall subsequently notify the Dean of the disqualification and the reasons for the disqualification.

 

208.5If a faculty member disqualifies himself or herself due to a conflict of interest, or if the Dean determines that a potential conflict of interest should result in the disqualification of a faculty member, the disqualification may be imputed to the entire clinical program. The Dean shall determine whether to disqualify the entire clinical program when a member of the faculty is disqualified due to a conflict of interest or potential conflict of interest

 

source

Final Rulemaking published at 36 DCR 8286 (December 8, 1989).