POSSIBLE
ETHICS/BUSINESS
PRACTICES ISSUES |
|
EXAMPLES
OF QUESTIONS |
| BUSINESS
SOLICITATION |
|
|
| Overstating
vs. Misrepresenting Capabilities &
Experience |
|
Where
and how do you draw the line between
overstating vs. misrepresenting lobbying
experience and capabilities?
How much
does the Alet the buyer beware rule apply? |
| EMPLOYMENT
TERMS & FEES |
|
|
| Written
contract setting forth fees, scope of
work, duties |
|
Should
all lobbyists be subject to a requirement
like the bar rule that requires written
agreements between attorneys and their
clients regarding their fees, work, etc.? |
| Overcharges
(e.g., in excess of value vs. for work not
performed) |
|
If
a lobbyist does work that's not necessary
and charges for it, is this ethical?
If fees are stated in advance, can they
ever be so excessive as to be unethical?
Is it ethical to charge different clients
for the same work? |
| Contingent
Fees/Value Billing |
|
Is
there anything inherently unethical about
charging contingent fees for lobbying
work?
How might
contingent fees present ethical problems
in particular cases? |
| Referral
Fees/Kickbacks |
|
Is
it ethical in the lobbying profession to
pay or accept referral fees?
If a
lobbyist accepts a valuable gift (e.g.,
$500 worth of tickets) from another party
after referring work to that party, does
this raise ethical issues?
Where do
you draw the line? |
| CONFLICTS |
|
|
| Issue/Client-based |
|
Should
a lobbying firm be able to represent
opposing or conflicting parties on
legislative issues without the parties
permission?
If a
lobbying firm represents a client in one
area, should it be able to work for
another client on a different issue that
materially affects the first client? Does
a lobbyist have a conflict if he or she
has a meeting with a Senator and lobbies
that Senator on behalf of three different
clients on different issues? |
| Priority/Capacity-based |
|
What
ethical problems can arise when a lobbying
firm accepts work involving lobbying on a
bill for a number of clients with
different interests? (E.g., lobbying for a
number of tax or appropriations
amendments)
When
evaluating potential conflicts, should a
lobbyist have to consider that they may
have only a limited amount of Apolitical
credit/clout and that using it for more
than one client may limit their
effectiveness on behalf of another client? |
| Personal
Beliefs or Interests |
|
When
a lobbyists personal beliefs on an issue
differ significantly from the clients
position, can ethical problems arise? |
| Public
Interest |
|
As
lobbyists advocate special interests, what
ethical concerns may arise in terms of the
public interest?
What is the
A public interest and who decides what is
in the public interest? |
| CONFIDENTIALITY |
|
|
| Information |
|
If
a Congressional staff member or another
lobbyist gives you a draft bill or other
information in confidence, is it ethical
to disclose it to your client or another
lobbyist with whom you are working, or is
it unethical not to do so?
Should you
even accept such information without an
advance understanding with your client or
colleague? |
| Strategy
& Tactics |
|
Are
there ethical problems when a lobbyist
discloses lobbying strategy and tactics
without clearing it with the client? |
| Contacts |
|
If
a lobbyist is working secretly with
another party (e.g., a Senator), are there
times where failure to disclose this is
unethical? |
| DISCLOSURES |
|
|
| Lobbying
Disclosure Act & FARA |
|
Does
the mere fact that a lobbyist meets the
minimum disclosure requirements of current
law mean that he or she has met all
ethical disclosure needs? |
| Parties
Represented |
|
Should
a lobbyist disclose the names of members
of a coalition he or she is representing
even if such disclosure is not legally
required? |
| Work
Status & Major Developments |
|
What
obligation does the lobbyist have to keep
clients current on the work they are doing
and on relevant developments regarding
that work? (e.g., that a bill is A dead
and the client therefore may not really
want to keep paying the lobbyist!) |
| Material
Changes |
|
If
there is a material change in the facts
and/or circumstances on a matter, does the
lobbyist have an affirmative duty to
disclose that to everyone he or she may
have talked with?
If there is
such a duty, how far back does it extend? |
| Personal
Status or Relationships |
|
Does
a lobbyist have a duty to disclose
positive or negative personal
relationships with people he or she may be
lobbying or lobbying with?
Are there
disclosure or other ethical problems with
a lobbyist dating Congressional Members or
staff?
Should a
lobbyist disclose their political party? |
LOYALTY
&
BEST EFFORTS |
|
|
| Duty
of loyalty and to use best efforts
in doing work |
|
Is
it unethical for lobbyists not to always
use their A best efforts in representing
clients?
When one
client is paying far more than another, is
the lobbyist ever justified in using more
efforts, including more political clout,
to advance the interests of the higher
paying client?
Can a
lobbyist ethically drop one client and
switch to representing an opposing party
who offers to pay significantly higher
fees? |
| Accountability |
|
Should
there be an ethical standard or practice
to hold lobbyists accountable for their
work, or work they should have done? |
| POSSIBLE
LOBBYING ACTIONS OR PRACTICES |
|
|
| Honesty |
|
When
might being honest be unethical? |
| Knowing
False Statement (a/k/a A Lie) |
|
Is
it ever ethical to make a false statement
to protect a legislative client?
If saying I
can't comment sends a negative signal that
is very adverse to the client's interest,
does the lobbyist face an ethical problem,
and if so, how does he or she resolve it? |
| Misleading
& Deceptive Practices |
|
Where
and how do you draw the line as to
practices being misleading and deceptive
and therefore unethical? |
| Correction
of Errors & Omissions |
|
Should
lobbyists have to correct material errors
and omissions? (E.g., factual errors in
lobbying materials) |
| Circulating
Anonymous Materials |
|
If
a lobbyist circulates lobbying materials
without disclosing who prepared them, or
on whose behalf the documents are being
distributed, does this raise ethical
concerns? |
| Comments
to Press Promoting Lobbyist but Adverse to
Client |
|
Does
the desire for personal publicity
sometimes cause lobbyists when commenting
to the press on a legislative matter to
violate ethical obligations to a client? |
| Attempts
to Influence via Spending Money |
|
Is
there anything inherently ethically wrong
with a lobbyist or his or her client
spending money to influence legislative or
policy decisions?
If not,
when might spending money legally for such
purposes nevertheless present problems? |
| Attempts
to Influence via Media/PR Campaigns |
|
When
a lobbyist uses media or public relations
campaigns to generate political support
for or against a legislative proposal,
does this sometimes raise ethical issues
because it presents a false or deceptive
impression to Congress of public interest
in the proposal? |
| Attempts
to Influence via Contributions |
|
Is
it ever unethical to use legal political
contributions to influence governmental
decisions?
Should it
be considered unethical per se for
lobbyists to give or raise political
contributions?
What
ethical problems arise with respect to
giving or raising contributions?
Is it
ethical to have an implicit understanding
that making a contribution will likely
result in more favorable action? (Assume
no actual, express quid pro quo) |
| Attempts
to Influence via Gifts |
|
When
is it ethical to attempt to influence
governmental decisions by gifts?
If some
small gifts are acceptable, where do you
draw the line? |
| Attempts
to Influence via Personal Relationships |
|
If
you are close personal friends with a
Senator or Representative, or one of their
staff members, is it ethical to seek to
influence their policy decisions on the
basis of your friendship?
Is it
ethical for a lobbyist to actively raise
money for a candidate or to work in their
campaign in hopes of gaining a stronger
personal/political relationship that the
lobbyist can then use to influence the
candidate if elected? |
| Attempts
to Influence via Grassroots Campaigns |
|
Do
grassroots lobbying activities ever raise
ethical concerns?
If so, what
are they? |
| Failure
to Warn |
|
Is
there any duty to warn another lobbyist
with whom you are working in a coalition
that you are switching positions and going
your own way? |
| Press
A Leaks |
|
Is
it ethical to leak adverse information to
the press to undercut the legislative
position of a legislative opponent? |
| Knowingly
Making Prohibited Contributions |
|
If
certain actions by lobbyists might be
deemed to involve in-kind political
contributions that technically are
prohibited or limited, and yet everybody
seems to do it (a/k/a the 55 MPH speed
limit), does that make it ethical? |
| Knowingly
Making Gifts Which May or Do Violate House
or Senate Rules |
|
Is
a lobbyist who buys a staffer lunch,
allegedly as a friend, but actually for
business reasons and writes off the lunch
as a business expense without telling the
A friend acting unethically? |
| Illegal
Bribes |
|
What
is considered a bribe?
Can a A
gift allowed by the House or Senate rules
nevertheless by illegal and/or unethical? |
| GENERAL
PERSONAL CONDUCT |
|
|
| Illegal
Acts (e.g., drugs) or Serious Immoral Acts |
|
If
a lobbyist engages in illegal or immoral
acts that A bring disrepute on the
profession, does this also raise
professional ethical issues? |
