[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: 32CFR776.25]

[Page 516]
 
                       TITLE 32--NATIONAL DEFENSE
 
                   CHAPTER VI--DEPARTMENT OF THE NAVY
 
PART 776_PROFESSIONAL CONDUCT OF ATTORNEYS PRACTICING UNDER THE 
 
                 Subpart B_Rules of Professional Conduct
 
Sec. 776.25  Confidentiality of information.

    (a) Confidentiality of Information:
    (1) A covered attorney shall not reveal information relating to 
representation of a client unless the client consents after 
consultation, except for disclosures that are impliedly authorized in 
order to carry out the representation, and except as stated in 
paragraphs (a)(2) and (a)(3) of this section.
    (2) A covered attorney shall reveal such information to the extent 
the covered attorney reasonably believes necessary to prevent the client 
from committing a criminal act that the covered attorney believes is 
likely to result in imminent death or substantial bodily harm, or 
significant impairment of national security or the readiness or 
capability of a military unit, vessel, aircraft, or weapon system.
    (3) A covered attorney may reveal such information to the extent the 
covered attorney reasonably believes necessary to establish a claim or 
defense on behalf of the covered attorney in a controversy between the 
covered attorney and the client, to establish a defense to a criminal 
charge or civil claim against the attorney based upon conduct in which 
the client was involved, or to respond to allegations in any proceeding 
concerning the attorney's representation of the client.
    (b) Conduct likely to result in the significant impairment of 
national security or the readiness or capability of a military unit, 
vessel, aircraft, or weapon system include, but are not limited to: 
Divulging the classified location of a special operations unit such that 
the lives of members of the unit are placed in immediate danger; 
sabotaging a vessel or aircraft to the extent that the vessel or 
aircraft could not conduct an assigned mission, or that the vessel or 
aircraft and crew could be lost; and compromising the security of a 
weapons site such that the weapons are likely to be stolen or detonated. 
Paragraph (a)(2) of this section is not intended to and does not mandate 
the disclosure of conduct which may have a slight impact on the 
readiness or capability of a unit, vessel, aircraft, or weapon system. 
Examples of such conduct are: absence without authority from a peacetime 
training exercise; intentional damage to an individually assigned 
weapon; and intentional minor damage to military property.