To: Department Employees

From: Gabriele J. Paone

Acting Designated Agency Ethics Official

Subject: Guidance on Donated Fees

The appointment of a special prosecutor to investigate Secretary Babbitt's role in the Hudson Dog Track matter forces several Department of the Interior employees to face the necessity of spending large amounts of money on legal fees to defend themselves for doing their jobs.

Unfortunately, they do not make huge salaries, have vast savings or the advantage of personal wealth.

A recent Supreme Court ruling has made clear that the attorney/client privilege does not apply where Department attorneys provide counsel to employees under investigation, even for work-related actions.

Several employees in this situation have asked the Ethics Office and the Solicitor's Office if they can accept free or discounted legal advice or assistance from friends and relatives in paying their fees. Attached is guidance that we have prepared to advise employees on what they can and cannot accept under the law. Please direct further questions to the Ethics Office or to the Division of General Law, Office of the Solicitor.