In a move to strengthen ethical standards and reduce conflicts of interest, Deputy Attorney General Todd Blanche has issued a directive restricting the U.S. Department of Justice (DOJ) from hiring private counsel affiliated with law firms currently suing the United States or challenging government policies.
The memorandum, titled “Preventing Conflicts of Interest Between the Department of Justice and Private Counsel Engaged by the Government,” outlines a clear DOJ policy: to the fullest extent allowed by law, the department will not engage private counsel from any firm directly adverse to the United States — including those involved in litigation against administration policies or representing clients in similar matters.
“It is the policy of the Department of Justice to avoid retaining private counsel and law firms that have a conflict with the United States,” Blanche stated.
The directive includes exceptions for engagements such as:
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DOJ Civil Division hires to represent individual government employees,
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Neutral, court-ordered roles like special masters or mediators,
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Special counsel appointed to serve limited adjudicative functions, such as for the Data Protection Review Court.
To uphold this policy, the DOJ will require engagement letters with outside firms to include provisions mandating conflict-of-interest waivers. If a waiver is not obtained or loses alignment with the government’s interest, contracts will allow for immediate termination.
This action follows recent executive orders impacting firms such as Paul Weiss Rifkind Wharton & Garrison LLP and Perkins Coie LLP, which have faced sanctions and canceled contracts due to ongoing legal actions against the U.S. government. Other firms, including WilmerHale, Susman Godfrey LLP, and Jenner & Block LLP, are also engaged in similar litigation.
The Department has not issued additional comments at this time.
