Agencies can promote ethical practices by adopting rules of conduct for attorneys and other representatives in adjudication. Many federal agencies conduct adjudicative proceedings and permit parties to those proceedings to be represented by attorneys or others. Almost fifty agencies have rules governing the participation and conduct of these representatives—a number which has steadily increased since the mid-20th century. Agency rules governing representatives in adjudicative proceedings address many topics, including who may serve as a representative, what rules of conduct apply to these representatives, and how the agency enforces the rules of conduct.
George M. Cohen, Regulating Representatives in Agency Adjudicative Proceedings, The Regulatory Review (May 17, 2022).
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