[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: 32CFR776.40]

[Page 522-523]
 
                       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. 776.40  Meritorious claims and contentions.

    (a) Meritorious claims and contentions. A covered attorney shall not 
bring or defend a proceeding, or assert or controvert an issue therein, 
unless there is a basis for doing so that is not frivolous, which 
includes a good faith argument for an extension, modification, or

[[Page 523]]

reversal of existing law. A covered attorney representing an accused in 
a criminal proceeding or the respondent in an administrative proceeding 
that could result in incarceration, discharge from the Naval service, or 
other adverse personnel action, may nevertheless defend the client at 
the proceeding as to require that every element of the case is 
established.
    (b) [Reserved]