This chapter identifies some of the responsibilities that continue
after your representation of the FDIC concludes. The FDIC recognizes
that as a lawyer you are also subject to requirements imposed by the
state in which you practice.
9.2 Conflicts of Interest and Confidentiality
As former FDIC outside counsel, you may not, without a written
waiver from the FDIC, represent another client against the FDIC in a
matter substantially related to any matter in which you previously
represented the FDIC. You are also expected to observe all
requirements of attorney-client confidentiality after the conclusion
of any FDIC representation.
When in doubt about the existence of a conflict, you should
nevertheless disclose the matter to the FDIC and seek a waiver. If
you have questions concerning conflicts, please contact the Legal
Services Group in Washington, DC at (877) 275-3342.
9.3 File Retention
former FDIC counsel, if you decide to retain the files related to
the legal matter(s) for which you represented the FDIC, for your own
purposes as described in paragraph 8.2, you have an obligation to
preserve such files until the files are either returned to the FDIC
or destroyed . Those files may not be destroyed without the express
permission of the FDIC as described in
9.4 Contacts with the Public and Media
All restrictions concerning public and media contacts applicable
during your representation of the FDIC continue after your
representation concludes. These restrictions are discussed in
Chapter 1, Section 1.10.
9.5 Identifying FDIC as a Former Client
You may list FDIC as a former client in published materials provided
you comply with the guidance discussed in
Chapter 1, Section 1.2.
9.6 Compliance with Subpoenas and Other Court Orders
you are served with a subpoena, court order or other legal process
relating to your representation of the FDIC, you must immediately
notify the FDIC’s General Counsel, and may not disclose FDIC records
or provide testimony without authorization from the FDIC.
This requirement and the follow-up steps are discussed in FDIC
12 C.F.R. §§ 309.7(b) and (c).
You agree to cooperate with the FDIC, if the Legal Division decides
to appeal or challenge the subpoena or order. Under no circumstances
should it be construed that FDIC will represent you in this matter
or reimburse you for any legal fees or other expenses you may incur
in complying with this requirement. However, FDIC will consider
requests for reimbursement on a case-by-case basis.