Rule 3.9 Advocate In Non-Adjudicative Matters

When a lawyer talks to a lawmaking body or a government agency on behalf of a client about a matter that isn't a court case or hearing, the lawyer has to say clearly that they are speaking for a client. They can't pretend to be acting on their own or hide who they represent. This gives the lawmakers or agency officials an honest picture of who is actually behind the message.

There's one exception to this rule. If a lawyer is just asking an agency for information that anyone in the public could get anyway, they don't need to announce that they're representing a client. In that situation, it doesn't matter who's asking, since the information is open to everyone regardless.

This rule matters because it stops lawyers from secretly pushing a client's agenda while appearing to act as a neutral or independent voice. Lawmakers and agency staff need to know when someone is advocating for a paying client versus sharing their own personal views, so they can weigh what they're hearing appropriately.