[Code of Federal Regulations]
[Title 32, Volume 5]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 32CFR727.7]

[Page 283-284]
 
                       TITLE 32--NATIONAL DEFENSE
 
                   CHAPTER VI--DEPARTMENT OF THE NAVY
 
PART 727_LEGAL ASSISTANCE--Table of Contents
 
Sec. 727.7  Limitations on service provided.

    (a) Assistance in official military matters. Legal Assistance duties 
are separate and apart from the responsibilities of a trial counsel, 
defense counsel, or other officer involved in the processing of courts-
martial, nonjudicial punishment, administrative boards or proceedings, 
investigations, or other official military matters. Frequently, a 
service member accused or suspected of an offense or conduct leading to 
an administrative proceeding will request advice from the legal 
assistance officer. In such a case, the service member should be advised 
of the proper procedures for obtaining counsel or advice. This 
limitation does not prevent the assignment of the same officer to 
perform the functions of a legal assistance officer and the functions of 
a defense counsel, counsel for respondent, or counsel for a party.
    (b) Domestic-relations cases. In domestic-relations cases, a legal 
assistance officer may provide advice concerning the legal and practical 
implications of divorce, legal separation, annulment, custody, and 
paternity. Assistance and advice in domestic violence cases will be 
consistent with the Department of the Navy family advocacy program. If 
two or more eligible persons with conflicting interests seek legal 
assistance from the same office on the same matter, the party first 
establishing an attorney-client relationship will be provided 
representation. Other parties shall be advised that they are also 
eligible for assistance, but that it must be obtained from another 
source, with the assistance of and referral by the first office.
    (c) Nonlegal advice. The legal assistance officer, while giving 
legal advice, may also determine that the client needs or desires advice 
on related

[[Page 284]]

nonlegal matters. The legal assistance officer should provide legal 
advice only, or defer giving such advice, and refer the client to an 
appropriate person or agency for such nonlegal counseling. The legal 
assistance officer should establish and maintain a working relationship 
with those individuals who are qualified to provide nonlegal counseling 
services.
    (d) Proceedings involving the United States. A legal assistance 
officer shall not advise on, assist in, or become involved with, 
individual interests opposed to or in conflict with the United States 
without the specific approval of the Judge Advocate General.
    (e) Telephone inquiries. In the absence of unusual or compelling 
circumstances, legal advice should not be given over the telephone. This 
does not prohibit appropriate follow-up telephone discussions between 
the legal assistance attorney and the client.

[41 FR 26863, June 30, 1976, as amended at 65 FR 26749, May 9, 2000]