[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: 32CFR776.46]

[Page 525]
 
                       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. 776.46  Attorney as witness.

    (a) Attorney as witness:
    (1) A covered attorney shall not act as advocate at a trial in which 
the covered attorney is likely to be a necessary witness except when:
    (i) The testimony relates to an uncontested issue;
    (ii) The testimony relates to the nature and quality of legal 
services rendered in the case; or
    (iii) Disqualification of the covered attorney would work 
substantial hardship on the client.
    (2) A covered attorney may act as advocate in a trial in which 
another attorney in the covered attorney's office is likely to be called 
as a witness, unless precluded from doing so by Sec. 776.26 or Sec. 
776.28 of this part.
    (b) [Reserved]