[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: 32CFR776.10]

[Page 512-513]
 
                       TITLE 32--NATIONAL DEFENSE
 
                   CHAPTER VI--DEPARTMENT OF THE NAVY
 
PART 776_PROFESSIONAL CONDUCT OF ATTORNEYS PRACTICING UNDER THE 
 
                            Subpart A_General
 
Sec. 776.10  Informal ethics advice.

    (a) Advisors. Covered attorneys may seek informal ethics advice 
either from the officers named below or from supervisory attorneys in 
the field. Within the Office of the JAG and HQMC, the following 
officials are designated to respond, either orally or in writing, to 
informal inquiries concerning this part in the areas of practice 
indicated:
    (1) Head, Military Affairs/Personnel Law Branch, Administrative Law 
Division: administrative boards and related matters;
    (2) Deputy Director, Criminal Law Division: military justice 
matters;
    (3) Director, Legal Assistance Division: legal assistance matters;
    (4) Deputy Director, JA Division, HQMC: cases involving Marine Corps 
judge advocates, or civil service and contracted civilian attorneys who 
perform legal services under the cognizance and supervision of Director, 
JA Division, HQMC; and
    (5) Head, Standards of Conduct/Government Ethics Branch, 
Administrative Law Division: all other matters.
    (b) Limitation. Informal ethics advice will not normally be provided 
by JAG/HQMC advisors concerning professional responsibility matters 
(e.g., ineffective assistance of counsel, prosecutorial misconduct) that 
are then the subject of litigation.
    (c) Written advice. A request for informal advice does not relieve 
the requester of the obligation to comply with subpart B of this part. 
Although covered attorneys are encouraged to seek advice when in doubt 
as to their responsibilities, they remain personally accountable for 
their professional conduct. If, however, an attorney receives written 
advice on an ethical matter after full disclosure of all relevant facts 
and reasonably relies on such advice, no adverse action under

[[Page 513]]

this part will be taken against the attorney. Written advice may be 
sought from either a supervisory attorney or the appropriate advisor in 
paragraph (a) of this section. JAG is not bound by unwritten advice or 
by advice provided by personnel who are not supervisory attorneys or 
advisors. See Sec. 776.54 of this part.