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The Role of the State Attorney General-Harvard Law School-Fall 2025

Introduction and Speaker

At the outset of class, before turning to ethics, we'll be joined for 20 minutes on zoom by the OR SG, Benjamin Gutman. He previously worked as a federal adminsitrative law judge and in the NY SG's office, so has varied expereince. He is currently involved in the state litigation against the Trump Adminsitration. Come prepared with questions.

Ethics present uniques issues for state attorneys general. On the one hand, the model rules drafted with private practitioners in mind often are not a good fit when the AG's "client" is not only the state or a state official but also the public interest. On the other hand, representation of the public interest may also impose higher standards on state lawyers than on private practitioners who are taught to focus on zealous advocacy for their clients.In an increasingly polarized world, bar rules and ethical charges are increasingly being leveled against AGs for the official actions they take.