John Russell has a good story in the Indy Star about the cozy relationship between Duke Energy and the Indiana Utility Regulatory Commission’s general counsel who recently took a job with Duke. What is more interesting to me are the raw e-mails posted by the Star. (h/t Indiana Law Blog).
Option #1, clearly, is not to get so cozy with the people you’re supposed to be regulating. Be friendly – you have to work with the people; there’s no shame in polite chit chat here and there, but these e-mails seem to reflect a camaraderie that goes beyond the pale.
Option #2, don’t put this yukking it up between government entity and regulatory agency in e-mails going to the government e-mail account. At that point, you’re not even trying.
And both of these things don’t even address the horrible conflicts presented by having a job offer on the table from what is (or should be), in effect, a party adverse to your client.