Flashcards Studio

An Ombudsman in active service has a Deputy who maintains a private law practice. The Deputy accepts representation of a private client in a civil action against a private corporation that supplied equipment to a government-funded project overseen by the Ombudsman’s office. The Deputy files pleadings and appears for the client in court during official hours, signs a private retainer, and collects fees for the private matter. He also uses his official position to request copies of internal Ombudsman audit reports and procurement documents to bolster the client’s case. The Ombudsman becomes aware of the arrangement while the civil action is ongoing. (a) State the controlling doctrine under CPRA regarding private practice of law by Ombudsman and their Deputies. (b) Apply the doctrine to Deputy’s actions and determine whether Deputy’s conduct constitutes prohibited private practice, and identify potential consequences for Deputy and for the Ombudsman. (c) If a violation is found, outline the possible sanctions and remedies, and indicate defenses or exemptions, if any.