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Man1-ID: LHBSAP1 LEGAL HANDBOOK FOR SPECIAL AGENTS PART 1 the United States. See 28 C.F.R. 50.15(c). However, representation generally is not available in federal criminal proceedings. (2) In order to request legal representation, 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 findings regarding the employee's scope of employment, and a recommendation regarding representation, to DOJ. DOJ will then determine whether to afford legal representation fo the employee. (3) In the case of a “critical incident," i.e., a shooting or use of force resulting in death or serious bodily injury, an employee may request emergency legal representation. Such representation, if approved by DOJ, is provided by private counsel at government expense in the immediate aftermath of line-of-duty critical incidents. Private counsel will provide personal capacity representation only on a temporary basis while DOJ processes a request for representation in accordance with the above procedure. At the time of the critical incident, if the employee involved requests an attorney, the CDC will immediately contact FBIHQ which will in turn call DOJ. The provision of emergency legal representation is based on a determination of scope of employment, as presented by the facts available at the time of the critical incident. Emergency representation by private counsel will be provided for one week, unless otherwise authorized by DOJ. Thereafter, responsibility for defending the legal interests of the employee will normally be transferred to the United States Attorney's Office, or in the event representation is not authorized, the employee will be responsible for his/her own legal defense. | x*kEFEDte: 07/26/1999 MCRT#: 915 Div: D9 Cav: SecCls: 9-6 | DISCLOSURE OF OFFICIAL FBI INFORMATION (See MIOG, Part 2, 6-1.1 and 6-1.2.) (1) Federal statutes and regulations place restrictions on the disclosure of information by FBI employees in state and federal judicial proceedings. See e.g-; 28 C.F.R. 16.21 et seq. Before disclosing any information from FBI files or information acquired as a part of the performance of an Agent's official duties, the Agent should obtain approval from the Assistant U.S. Attorney, or 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 connection with any civil proceeding. (2) Agents who are contacted by counsel for private parties in civil litigation matters should decline to provide any information regarding the matter and instead should refer inquiries to Printed: 05/05/2004 13:08:54 Page 5