OPERATIONAL LEGAL RETAINERS
Document Type:
Collection:
Document Number (FOIA) /ESDN (CREST):
CIA-RDP59-00882R000200350040-5
Release Decision:
RIPPUB
Original Classification:
K
Document Page Count:
2
Document Creation Date:
December 15, 2016
Document Release Date:
October 31, 2001
Sequence Number:
40
Case Number:
Publication Date:
August 10, 1955
Content Type:
MF
File:
Attachment | Size |
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Body:
Approved For Release 2004/04/06 : CIA-RDP59-00882R000200350040-5
OGC Has Reviewed 11- August 1955
SUBJECT: Operational Legal Retainers
1. Points raised in your memorandum onF 25X1
depend in the end on the actual utilization of the lawyers
involved. If a lawyer is used entirely for nonlegal operational
work, such as contact or cutout activities or advice on conduct
of operations in the area, I believe this Office has no real
interest in the retainer unless we can be of assistance in
checking on the lawyer's status and reputation. At the other
extreme would be a proposal to utilize a lawyer for. legal
advice on internal Agency matters. This would be of direct
concern to this Office and should not be undertaken without the
closest coordination. Normally the work of this nature should
be performed by a staff member of the Office, either one assigned
overseas or sent from headquarters.
2. In between there lies a shadowground of many variables.
If the lawyer is going to be used for legal advice on operations
as well as for the operational problems themselves, it may or
may not be of concern to this Office. I would think that a
lawyer who is used to advise an agent under nonproprietary
business cover on the local law applicable to his business
would normally be of no particular concern to this Office,
although in some circumstances we might be of assistance. If
the lawyer were wanted for legal advice to a proprietary, we
have a different situation as this Office is responsible for the
legal aspects of proprietaries. Therefore, the selection and
activities of a lawyer under these circumstances should be closely
coordinated with this Office.
3. I do not believe this is a matter which can'be controlled
by regulation or directive and that probably we must depend on the
operations officers to coordinate when appropriate. In order to
provide guidance for them, however, we might draw up a memorandum
outlining the above points in general form. This memorandum could
Approved For Release 2004/04/08 : CIA-RDP59-00882R000200350040-5
Approved For Release 2004/04/08 : CIA-RDP59-00882R000200350040-5
25X1A
be shown to the case officer whenever the checklist indicated
utilization of a lawyer.
Would you talk this over with the people involved, particularly
with and see if they agree with this approach.
nrv~n
25X1A
L. R. Houston
memo re
dtd 9 Aug 55
Approved For Release 2004/04/08 : CIA-RDP59-00882R000200350040-5