Case Description
An assistant attorney general (AAG) in the California Attorney General Office (OAG) represented a paralegal in the office in a malpractice claim against her former divorce lawyer. The AAG did not seek permission before undertaking this representation. The office notified her that she must terminate the representation or she would be fired. The AAG sued, alleging that the office had violated here First Amendment rights and that the office policy on outside representation was an unconstitutional prior restraint. The court held that the speech at issue was not about a matter of public concern, so was therefore not protected by the First Amendment. the court also approved the OAG’s policy limiting outside employment, noting that the OAG has a legitimate interest in regulating practice-related conduct of its lawyers to avoid any conflict of interest and to avoid any potential prejudice to the OAG and its clients, as well as a legitimate interest in ensuring that its employees are devoting their full attention to the business of the OAG.