[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: 32CFR776.26]

[Page 516-517]
 
                       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. 776.26  Conflict of interest: General rule.

    (a) Conflict of interest: General rule:
    (1) A covered attorney shall not represent a client if the 
representation of that client will be directly adverse to another 
client, unless:
    (i) The covered attorney reasonably believes the representation will 
not adversely affect the relationship with the other client; and
    (ii) Each client consents after consultation.
    (2) A covered attorney shall not represent a client if the 
representation of that client may be materially limited by the covered 
attorney's responsibilities to another client or to a third person, or 
by the covered attorney's own interests, unless:
    (i) The covered attorney reasonably believes the representation will 
not be adversely affected; and
    (ii) The client consents after consultation.
    (3) When representation of multiple clients in a single matter is 
undertaken, the consultation shall include explanation of the 
implications of the common representation and the advantages and risks 
involved.
    (b) Reserve judge advocates. These conflict of interest rules only 
apply when Reservists are actually drilling or on active-duty for 
training, or, as is the case with Retirees, on extended active-duty or 
when performing other duties subject to JAG supervision. Therefore, 
unless otherwise prohibited by criminal conflict of interest statutes, 
Reserve or Retired attorneys providing legal services in their civilian 
capacity may represent clients, or work in firms whose attorneys 
represent clients, with interests adverse to the United States. Reserve 
judge advocates who, in their

[[Page 517]]

civilian capacities, represent persons whose interests are adverse to 
the DON will provide written notification to their supervisory attorney 
and commanding officer, detailing their involvement in the matter. 
Reserve judge advocates shall refrain from undertaking any official 
action or representation of the DON with respect to any particular 
matter in which they are providing representation or services to other 
clients.