Confidentiality norms and government lawyers

This article addresses the confidentiality obligations of government lawyers. It examines the rather complex question of the identity of a government lawyer's client. On the specific issue of confidentiality, the article discusses how several legal doctrines impact the confidentiality duty: open government laws, statutes encouraging whistleblowing by government employees, and common law doctrines regarding the disclosure of government wrongdoing. These doctrines suggest that, as a substantive matter, government lawyers may disclose information that is subject to mandatory disclosure under freedom of information laws and information regarding government wrongdoing. But as a procedural matter, state supreme courts and governments need to establish procedures for government lawyers to follow in disclosing this information.
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