---
kind: "section"
citation: "5 C.F.R. § 9401.105"
title: "5"
number: "9401.105"
heading: "Additional rules concerning outside employment for Bureau attorneys."
url: "https://uscodex.org/cfr/5/9401.105"
---

# §9401.105. Additional rules concerning outside employment for Bureau attorneys.

- (a) **Prohibited outside practice of law.** In addition to the prior approval requirements under [§ 9401.103](/cfr/5/9401.103.md) and the outside employment restrictions under [§ 9401.104](/cfr/5/9401.104.md), an employee serving in an attorney position shall not engage in the practice of law outside the employee's official Bureau duties that might require the attorney to:
  - (1) Take a position that is or appears to be in conflict with the interests of the Bureau; or
  - (2) **Interpret any statute, regulation, or rule administered or issued by the Bureau.**
- (b) **Exemption for self representation.** Nothing in this section prevents a Bureau attorney from acting as an agent or attorney for or otherwise representing himself or herself in the outside practice of law, except:
  - (1) In those matters in which the attorney has participated personally and substantially as a Government employee; or
  - (2) **In those matters which are the subject of the attorney's official responsibility.**

## Notes

### Amendments

[77 FR 25019, Apr. 27, 2012, as amended at 82 FR 35885, Aug. 2, 2017]

### Authority

Authority: 5 U.S.C. 7301; 5 U.S.C. App. (Ethics in Government Act of 1978); E.O. 12674, 54 FR 15159 (April 12, 1989); 3 CFR, 1898 Comp., p.215, as modified by E.O. 12731, 55 FR 42547 (October 17, 1990); 3 CFR, 1990 Comp., p. 306; 5 CFR 2635.105, 2635.403, 2635.502 and 2635.803.

### Source

Source: 77 FR 25019, Apr. 27, 2012, unless otherwise noted.

### Amendments

[77 FR 25019, Apr. 27, 2012, as amended at 82 FR 35885, Aug. 2, 2017]