Where Such Attorney Engages in that Attorney's Duties
28 CFR § 77.2(j) [28 CFR PART 77—ETHICAL STANDARDS FOR ATTORNEYS FOR THE GOVERNMENT]
As used in this part, the following terms shall have the following meanings, unless the context indicates otherwise:
(1) The phrase “where such attorney engages in that attorney's duties” identifies which rules of ethical conduct a Department attorney should comply with, and means, with respect to particular conduct:
(i) If there is a case pending, the rules of ethical conduct adopted by the local federal court or state court before which the case is pending; or
(ii) If there is no case pending, the rules of ethical conduct that would be applied by the attorney's state of licensure.
(2) A Department attorney does not “engage in that attorney's duties” in any states in which the attorney's conduct is not substantial and continuous, such as a jurisdiction in which an attorney takes a deposition (related to a case pending in another court) or directs a contact to be made by an investigative agent, or responds to an inquiry by an investigative agent. Nor does the phrase include any jurisdiction that would not ordinarily apply its rules of ethical conduct to particular conduct or activity by the attorney.