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Legal Handbook for FBI Special Agents — Part 1

138 pages · May 10, 2026 · Document date: Aug 20, 2003 · Broad topic: General · Topic: Legal Handbook for FBI Special Agents · 128 pages OCR'd
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| aaa a Le SENSITIVE Manl-ID: LHBSAP1 LEGAL HANDBOOK FOR SPECIAL AGENTS PART 1 the United States. See 28 C.F.R. 50.15(c). However, rep generally is not available in federal criminal proceeding (2) In order to request legal representation jad iki Ob 1: resentation a. , the employee must submit a written request for DOJ representation, together with all process and pleadings served upon him/her, to his/her CDC. The CDC will forward this material to FBIHQ Office of the General Counsel, who will submit a statement of findi the employee's scope of employment, and a recommendation representation, to DOJ. DOJ will then determine whether legal representation to the employee. (3) In the case of a "critical incident," i. shooting or use of force resulting in death or serious bo an employee may request emergency legal representation. representation, if approved by DOJ, is provided by privat gs regarding regarding to afford oy @ ily injury, uch counsel at government expense in the immediate aftermath of line-of-duty critical incidents. Private counsel will provide personal capacit representation only on a temporary basis while DOJ proces for representation in accordance with the above procedure time of the critical incident, if the employee involved r attorney, the CDC will immediately contact FBIHQ which wi call DOJ. The provision of emergency legal representatio a determination of scope of employment, as presented by t available at the time of the critical incident. Emergenc representation by private counsel will be provided for on unless otherwise authorized by DOJ. Thereafter, responsi defending the legal interests of the employee will normal transferred to the United States Attorney's Office, or in representation is not authorized, the employee will be re his/her own legal defense. | *kEEEDtE: 07/26/1999 MCRT#: 915 Div: DI Cav: 9-6 | DISCLOSURE OF OFFICIAL FBI INFORMATION (See MIOG, Part 2, 6-1.1 and 6-1.2.) es a request At the quests an 1 in turn is based on e facts week, ility for y be the event ponsible for SecCls: (1) Federal statutes and regulations place restrictions on the disclosure of information by FBI employees in stat judicial proceedings. See e.g., 28 C.F.R. 16.21 et seq. disclosing any information from FBI files or information Before cquired as a and federal part of the performance of an Agent's official duties, the Agent should obtain approval from the Assistant U.S. Attorney, pr other DOJ attorney, in charge of the case or matter. Agents should also consult with their CDC or the Office of the General Counsel, Civil Litigation Unit, if they are asked to provide information in connect civil proceeding. ion with any (2) Agents who are contacted by counsel for private parties in civil litigation matters should decline to pro information regarding the matter and instead should refer SENSITIVE Printed: 08/20/2003 06:43:34 ide any inguiries to Page 5 i HR he ti i
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