45 CFR 1604.4 – Permissible outside practice
A recipient’s written policies may permit a full-time attorney to engage in a specific case or matter that constitutes the outside practice of law if:
Terms Used In 45 CFR 1604.4
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
(a) The director of the recipient or the director’s designee determines that representation in such case or matter is consistent with the attorney’s responsibilities to the recipient’s clients;
(b) Except as provided in § 1604.7, the attorney does not intentionally identify the case or matter with the Corporation or the recipient; and
(c) The attorney is—
(1) Newly employed and has a professional responsibility to close cases from a previous law practice, and does so on the attorney’s own time as expeditiously as possible; or
(2) Acting on behalf of him or herself, a close friend, family member or another member of the recipient’s staff; or
(3) Acting on behalf of a religious, community, or charitable group; or
(4) Participating in a voluntary pro bono or legal referral program affiliated with or sponsored by a bar association, other legal organization or religious, community or charitable group.