Outside counsel can serve different roles and handle various tasks for a client. In some instances, outside counsel may be called upon to receive and respond to inquiries from government agencies on behalf of the client. Such inquiries—whether informal or formal—could create risks for both client and counsel, especially if they come from government agencies with law enforcement authority.

It could be that a government representative contacts outside counsel without warning to ask questions about the client’s activities, including the client’s business, relationships, or financials. In such cases, the outside counsel may be called upon to navigate the inherent tension with being forthcoming with the inquiring government official and the attorney’s ethical obligations to the client. Indeed, the attorney may wish to engage the government agent to swiftly and favorably resolve the inquiry by clarifying a misunderstanding. At the same time, the attorney has an ethical duty to safeguard confidential client information, particularly where revealing such information could cause the client to face a formal government investigation or criminal liability.