STANDARDS OF CONDUCT FOR LOBBYISTS- BEST PRACTICE

1. Obligations to the public and  participants of the governmental decision-making process:

1.1 A lobbyist acknowledges and accepts the concept of owing an ethical obligation to the public and participants of the governmental decision-making process.
1.2 A lobbyist owes members of the Legislature and their staffs, and members of the Executive Administration, and all governmental employees an obligation of respect as legitimate and proper participants of the governmental decision-making process.
1.3 A lobbyist has a duty to protect confidences when information is given to him or her with an expectation of confidentiality.
1.4 A lobbyist owes participants of the governmental decision-making process an obligation not to mislead them. A lobbyist owes participants of the governmental decision-making process an obligation to correct as quickly as practically possible any incorrect information that he/she provided them.
1.5 A lobbyist owes participants of the governmental decision-making process an obligation to make every reasonable effort to become, and to stay, as informed as possible on the issues and process involved in his/her activities.
1.6 A lobbyist owes the public an obligation to make every reasonable effort to promote public understanding of the governmental decision-making process and the proper role of advocacy within that process.
1.7 A lobbyist owes a public officeholder an obligation to inform the officeholder of his/her planned opposition to a proposal by the officeholder prior to his/her active opposition.
1.8 A lobbyist owes participants of the governmental decision-making process an obligation to inform them of potential adverse effects of proposals to the extent that it can be adverse to known interests of those participants.
1.9 A lobbyist owes the public and participants of the governmental decision-making process an obligation to immediately cease representing a client in a pursued objective and inform the client as quickly as practically possible of his/her inability to continue representing the client in the pursued objective if it becomes known to him/her that the client’s effort in the objective is purely harassment, taken out of spite, or otherwise not in good faith, or if the continued representation would violate applicable law or this Code.

2. Obligations to the client:

2.1 A lobbyist acknowledges that he or she has ethical obligation to his/her clients.
2.2 A lobbyist owes his/her client an obligation of understanding, knowledge, competence and continuing effort throughout the process of representation. A lobbyist owes his/her client an obligation to make every reasonable effort to become, and to stay, as informed as possible on the issues and process involved in the objectives pursued by him/her on his/her client’s behalf.
2.3 A lobbyist owes his/her client an obligation that any assurances made by him/her to the client must be regarded as an obligation.
2.4 A lobbyist owes his/her client an obligation to make all legal and ethical efforts to accomplish an objective pursued by him/her on his/her client’s behalf. A lobbyist owes his/her client an obligation to inform the client of his/her inability to accomplish a pursued objective as quickly as practically possible after he/she has determined such inability.
2.5 A lobbyist owes his/her client an obligation to fully inform the client of all material information accumulated and/or known by him/her relating to the objectives pursued by him/her on his/her client’s behalf. A lobbyist may also owe another party an obligation to protect such material information from the client as confidential. In such a case, the lobbyist must exercise great care and wisdom in properly dealing with the situation and parties to whom the obligations are due.
2.6 A lobbyist owes his/her client an obligation not to mislead him. A lobbyist owes his/her client an obligation to correct as quickly as practically possible any incorrect information that he/she has provided the client.
2.7 A lobbyist owes his/her client an obligation to advise and counsel him as to the proper course of conduct upon knowledge and/or suspicion of any contemplated action by the client related to the objectives pursued by him/her on his/her client’s behalf which is contrary to applicable law, this Code, or the best interests of the client.
2.8 A lobbyist owes his/her client an obligation not to pursue an objective if his/her attitude, opinion or another obligation interferes with the duties to be assumed by him/her within the scope of the pursuit. A lobbyist owes his/her client an obligation to immediately cease pursuing an objective on his/her client’s behalf and inform the client as quickly as practically possible of his/her inability to continue pursuing the objective if his/her attitude, opinion, or another obligation interferes with the duties assumed by him/her within the scope of the pursuit.
2.9 A lobbyist owes his/her client an obligation to avoid known or anticipated conflicts of interest arising from an inconsistent economic interest between the client and another client, himself/herself , an associate of him/her , a participant in a joint venture with him/her , or other persons or interests which share in any material way in the revenues of the lobbyist. A lobbyist owes his/her client an obligation to immediately inform the client of the existence or appearance of any such known or anticipated conflict. A lobbyist owes his/her client an obligation to sever the relationship with the client if the existence or appearance of such a known or anticipated conflict between the client and him/her , an associate of him/her , a participant in a joint venture with him/her , or other persons or interests which share in any material way in the revenues of the lobbyist cannot be resolved between the conflicted parties. A lobbyist owes his/her client an obligation to sever subsequently-formed relationships with other clients who have or appear to have such a known or anticipated conflict with the client if the conflict cannot be resolved between the conflicted parties.
2.10 A lobbyist owes his/her client an obligation to immediately cease pursuing an objective on his/her client’s behalf and inform the client as quickly as practically possible of his/her inability to continue pursuing the objective on his/her client’s behalf if a physical, mental, or similar condition causes him/her to be unable to pursue the objective in an effective manner.
2.11 A lobbyist owes his/her client an obligation not to charge fees incommensurate with the objectives pursued by him/her . A lobbyist owes his/her client an obligation to return any charged fees incommensurate with the objectives pursued by him/her , unless the client has conducted himself in a manner which would render such a return of fees an inequity. A lobbyist owes his/her client an obligation to return any charged fees unearned by him/her upon severing the relationship with the client, except fees charged solely for the purpose of insuring his/her availability .
2.12 A lobbyist owes his/her client an obligation to include the subject of expenses in any contractual agreement between him/her and the client. A lobbyist owes his/her client an obligation to only charge those expenditures made on behalf of the client and in furtherance of the objective pursued by him/her on his/her client’s behalf, unless expressly agreed upon by the client to the contrary in the contractual agreement.
2.13 A lobbyist owes his/her client an obligation to communicate to the client as quickly as practically possible any significant offers of compromise or settlement. A lobbyist  owes his/her client an obligation to decide within the understanding of the effort any significant offers of compromise or settlement on his/her client’s behalf if it is practically impossible to timely communicate the offer to the client; and thereafter as quickly as practically possible communicate with the client his/her decision.

3. Obligations to other governmental advocates:

3.1 A lobbyist acknowledges and accepts the concept of owing an ethical obligation to each other, and all other lobbyists.
3.2 A lobbyist owes other lobbyists an obligation to inform a fellow lobbyist if he/she is contacted by a potential client, and he/she knows, or should know, that the potential client is represented by the other lobbyist; and advise the potential client that the matter of potential employment should not be discussed without either involving the other lobbyist or severing that pre-existing relationship.
3.3 A lobbyist owes other lobbyists an obligation not to mislead them if he/she chooses to provide them information. A lobbyist owes other lobbyists an obligation to correct as quickly as practically possible any incorrect information that he/she has provided them.
3.4 A lobbyist owes other lobbyists an obligation to inform any other lobbyist with whom he/she is in communication on a pursued objective on the client’s behalf as to the specific interest he/she represents. A lobbyist owes other lobbyists an obligation to clarify to any other lobbyist with whom he/she is in communication on a pursued objective on the client’s behalf as to the specific interest he/she represents if he/she makes an appearance representing an interest other than the interest of which he/she originally apprised the other governmental member.
3.5 A lobbyist owes other lobbyists an obligation to respect the positions advocated by other lobbyists, even those in conflict with the positions of his/her client.
3.6 A lobbyist owes other lobbyists an obligation to avoid acts or utterances which intentionally may have adverse economic effects upon the business of another governmental advocate.
3.7 A lobbyist owes other lobbyists an obligation to inform them of his or her client’s interest on a pursued objective when his/her client’s interest conflicts with the position advocated by the other governmental advocate and such communication will not compromise the client’s interest.

Compliance not only is essential to stay out of trouble, but also fundamentally demonstrates respect to fellow lobbyists, their clients, the elected and appointed officials they lobby, and the institutions of government in which they operate.