Obtaining legal advice
(CT:POL-69; 08-31-2018)
(Office of Origin: L/M)
11 FAM 531 Policy on use of title
(CT:POL-69; 08-31-2018)
a. Unless approved by the Legal Adviser, no Department of State position outside of the Office of the Legal Adviser (L) may be assigned as, nor may employees use, the titles "legal adviser," "legal advisor," "attorney-adviser", "attorney-advisor", or "legal counselor," unless the position is:
(1) held by an employee who is seconded to an international organization as an attorney-adviser;
(2) an attorney assigned to any of the Offices of Legal Affairs within the Bureau of Consular Affairs (CA/OCS/L, CA/PPT/L, or CA/VO/L), collectively referred to as “CA/L”;
(3) an attorney assigned to the Grievance Staff (HR/G) in the Bureau of Human Resources;
(4) an attorney assigned to the Office of Civil Rights (S/OCR); or
(5) an attorney assigned to the Legal Section of the U.S. Mission to the United Nations.
b. Post should direct questions regarding appropriate alternate titles, the need to review and rewrite a position description, and similar questions, to the human resources staff in the Office of the Executive Director for post’s regional bureau.
11 FAM 532 Legal Advice
(CT:POL-66; 05-24-2018)
a. Only Department of State employees who are assigned to L or otherwise approved by L to provide legal advice may provide legal advice to the Department or posts.
b. The Department acknowledges that many employees, including Locally Employed Staff (LE Staff), are expected to be familiar with the legal and regulatory environment in which they work and to apply local laws and regulations as they perform their work, including in areas such as real estate, employment, and adoption. In daily operational situations, employees may provide guidance about how the mission should proceed on operational matters within the scope of the employees' job duties. However, when a legal determination must be made, post management must seek counsel from L or CA/L, as appropriate. L or CA/L might provide advice, or advise that post seek local legal counsel in accordance with 2 FAM 280.
11 FAM 533 local counsel
(CT:POL-66; 05-24-2018)
a. If post determines that it requires legal advice or assistance with a non-litigation issue, post must obtain Department authorization under 2 FAM 283 before hiring or consulting with a local attorney. Such issues might include, but are not limited to:
(1) evaluating lease requirements;
(2) interpreting local labor law;
(3) revising post LE Staff Handbook or provisions of the Legal Compensation Plan; or
(4) determining the appropriate means of terminating employment of an LE Staff.
b. In emergencies, Chiefs of Mission have limited authority to retain legal services, as described in 2 FAM 283.2. This is for non-litigation matters only; in other words, it does not apply to legal services for litigation before a host state court or other tribunal. Before acting on advice from local counsel, post must confer with the appropriate L office; for example, in the case of labor or employment law issues, the appropriate office would be L/EMP.
c. Other agencies may have independent authority to hire attorneys for non-litigation services. In such cases, any attorneys hired by that agency will only provide legal advice to the hiring agency.
11 FAM 534 through 539 unassigned