Ethically speaking, if an agency attorney learns that their client—up to the agency director and general counsel—allowed illegal conduct to occur that could subject them to criminal penalties, is the client the agent or the state itself? Does agency attorney have an obligation of confidentiality to the agency or do they need to report to the state’s auditor? I guess is the agency or the government itself the client? What if you know the illegal conduct is ongoing? Does that change anything?

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My understanding at the federal level is that we are lawyers for the agency, and the agency head acting in their official capacity, with the exception of OIG lawyers. But when dealing with congress, to the extent that we exert privilege it is preserving the objection for the president as head of the executive, not simply for the agency.

Usually your "client" is the agency itself - something akin to your client being ABC Corp. not ABC Corps Vice President. I say usually because some attorneys are hired as special counsel to an agency head (think special counsel to the president v white house counsel)

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