[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: 32CFR776.2]

[Page 510]
 
                       TITLE 32--NATIONAL DEFENSE
 
                   CHAPTER VI--DEPARTMENT OF THE NAVY
 
PART 776_PROFESSIONAL CONDUCT OF ATTORNEYS PRACTICING UNDER THE 
 
                            Subpart A_General
 
Sec. 776.2  Applicability.

    (a) This part defines the professional ethical obligations of, and 
applies to, all ``covered attorneys.''
    (b) ``Covered attorneys'' include:
    (1) The following U.S. Government (USG) attorneys, referred to, 
collectively, as ``covered USG attorneys'' throughout this part:
    (i) All active-duty Navy judge advocates (designator 2500 or 2505) 
or Marine Corps judge advocates (MOS 4402 or 9914).
    (ii) All active-duty judge advocates of other U.S. armed forces who 
practice law or provide legal services under the cognizance and 
supervision of the JAG.
    (iii) All civil service and contracted civilian attorneys who 
practice law or perform legal services under the cognizance and 
supervision of the JAG.
    (iv) All Reserve or Retired judge advocates of the Navy or Marine 
Corps (and any other U.S. armed force), who, while performing official 
DON duties, practice law or provide legal services under the cognizance 
and supervision of the JAG.
    (v) All other attorneys appointed by JAG (or the Director, Judge 
Advocate (JA) Division, Headquarters Marine Corps (HQMC), in Marine 
Corps matters) to serve in billets or to provide legal services normally 
provided by Navy or Marine Corps judge advocates. This policy applies to 
officer and enlisted reservists, to active-duty personnel, and to any 
other personnel who are licensed to practice law by any Federal or state 
authorities, but who are not members of the Judge Advocate General's 
Corps or who do not hold the 4402 or 9914 designation in the Marine 
Corps.
    (2) The following non-U.S. Government attorneys, referred to, 
collectively, as ``covered non-USG attorneys'' throughout this part: All 
civilian attorneys representing individuals in any matter for which JAG 
is charged with supervising the provision of legal services. These 
matters include, but are not limited to, courts-martial, administrative 
separation boards or hearings, and disability evaluation proceedings.
    (3) The term ``covered attorney'' does not include those civil 
service or civilian attorneys who practice law or perform legal services 
under the cognizance and supervision of the General Counsel of the Navy.
    (c) Professional or personal misconduct unrelated to a covered 
attorney's DON activities, while normally outside the ambit of these 
rules, may be reviewed under procedures established in subpart C of this 
part and may provide the basis for decisions by the JAG regarding the 
covered attorney's continued qualification to provide legal services in 
DON matters.
    (d) Although the Rules in subpart B of this part do not apply to 
non-attorneys, they do define the type of ethical conduct that the 
public and the military community have a right to expect from DON legal 
personnel. Covered USG attorneys who supervise non-attorney DON 
employees are responsible for their ethical conduct to the extent 
provided for in Sec. 776.55 of this part. Accordingly, subpart B of 
this part shall serve as a model of ethical conduct for the following 
personnel when involved with the delivery of legal services under the 
supervision of the JAG:
    (1) Navy legalmen and Marine Corps legal administrative officers, 
legal service specialists, and legal services reporters (stenotype);
    (2) Limited duty officers (LAW);
    (3) Legal interns; and
    (4) Civilian support personnel including paralegals, legal 
secretaries, legal technicians, secretaries, court reporters, and others 
holding similar positions.