5 U.S.C. § 3106
Employment of attorneys; restrictions
Except as otherwise authorized by law, the head of an Executive department or military department may not employ an attorney or counsel for the conduct of litigation in which the United States, an agency, or employee thereof is a party, or is interested, or for the securing of evidence therefor, but shall refer the matter to the Department of Justice. This section does not apply to the employment and payment of counsel under section 1037 of title 10.
Notes of Decisions
Cited in 27
cases (2 in the last 5 years), 1978–2023 · leading case: Jorge Rojas v. Faa, 989 F.3d 666 (9th Cir. 2021).
Jorge Rojas v. Faa, 989 F.3d 666 (9th Cir. 2021). “§§ 514 , 516; 5 U.S.C. § 3106 . So, I seriously doubt that the need to protect privileged communications of outside counsel is so grave and so stark 8 See Office of the Chief Counsel, Federal Aviation Administration, https://www.”
Town of Norfolk & Town of Walpole v. United States Army Corps of Engineers, 968 F.2d 1438 (1st Cir. 1992). “§§ 516-519 (plenary authority of Attorney General and Department of Justice to conduct and direct litigation involving the United States or its agencies); see also 5 U.S.C. § 3106 (heads of executive and military departments to refer litigation to Justice Department).”
Eden Isle Marina, Inc. v. United States, 89 Fed. Cl. 480 (Fed. Cl. 2009). “779, 792 (2007) (citing 5 U.S.C. § 3106 (2000); 28 U.S.C. § 516 (2000); Coastal States Gas Corp.”
Blue Lake Forest Prods., Inc. v. United States, 75 Fed. Cl. 779 (Fed. Cl. 2007). “5 U.S.C. § 3106 (2000); 28 U.S.C. § 516 (2000); 28 C.”
Axiom Resource Mgmt., Inc. v. United States, 78 Fed. Cl. 576 (Fed. Cl. 2007). “]” 5 U.S.C. § 3106 . More to the point the amicus is not a party to this case.”
Towns of Norfolk v. United States Army Corps of Engineers, 137 F.R.D. 183 (D. Mass. 1991). “Attorney was acting as a lawyer and was engaged in giving the Corps legal advice with respect to reasonably anticipated litigation (that is, the instant case). All the letters begin with the heading, “ATTORNEY-CLIENT COMMUNICATION, PRIVILEGED AND CONFIDENTIAL,” and there is no…”
Sagebrush Rebellion, Inc. v. Watt, 713 F.2d 525 (9th Cir. 1983). “See 5 U.S.C. § 3106 (general bar to employment of lawyers outside the Department of Justice for the conduct of agency litigation).”
Dodson Livestock Co. v. United States, 48 Fed. Cl. 551 (Fed. Cl. 2001). “§ 3106 (1994), which states: "Except as otherwise authorized by law, the head of an Executive department or military department may not employ an attorney or counsel for the conduct of litigation in which the United States, an agency, or employee thereof is a party, or is…”
Cb&i Areva Mox Servs., LLC v. United States (Fed. Cl. 2019). “MOX Services objects to the ability of private law firm attorneys to assist the Government in this litigation pursuant to 5 U.S.C. § 3106 . For the reasons explained below, the Court DENIES MOX Services’ objection and GRANTS the Government’s Applications for Admission to the…”
Pennsylvania, Dep't of Pub. Welfare v. United States Dep't of Health & Human Servs., 80 F.3d 796 (3rd Cir. 1996). “Title 5 U.S.C. § 3106 merely restricts the employment of “an attorney or counsel for the conduct of litigation.”
Reimbursement of the Dep't of Just. for Providing Legal Assistance to the Dep't of Health & Human Servs. (OLC 1985). “” A parallel section, 5 U.S.C. § 3106 , pro vides that except as otherwise authorized by law, an executive department “may not employ an attorney .”
Litig. Responsibility of the Attorney Gen. in Cases in the Int'l Court of Just. (OLC 1980). “§§516 and 519, the conduct and supervision of litigation in which the United States is a party is reserved to the A ttorney General, except as otherw ise authorized by law; under 5 U.S.C §3106, other agencies shall not conduct litigation, but shall refer the m atter to the D…”
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