Page images
PDF
EPUB

professional judgment on behalf of his client within the standards promulgated in the Code of Professional Responsibility and the specific limitations in posed in this part. (d) Professional legal advice. Only legal assistance officers are authorized to render services that call for the profesSional judgment of a lawyer. The legal assistance officer may delegate tasks to clerks, Secretaries, and Other lay personnel provided the officer maintains a direct relationship with the client, supervises the delegated work, and has complete professional responsibility for the work product. Services that call for the professional judgment of a lawyer include, but are not limited to, the preparation of wills and powers of attorney, advising personnel with respect to legal rights and relationships, negotiating contracts, and other matters requiring an educated ability to relate the general body and philosophy of law to a specified legal problem of a client. Guidance in this matter may be had from various official Sources including the ethical considerations under Canon 3 of the Code of ProfesSional Responsibility of the American Bar Association and particularly EC 3– 2, 3–5, 3–6, and DR 3–101(A).

[41 FR 26863, June 30, 1976, as amended at 47 F.R. 41561, Sept. 21, 1982]

§ 727.7 Limitations on service provided.

(a) Assistance in Official military matters. Legal assistance duties are separate and apart from the responsibilities of a trial Counsel, defense Counsel, or other officer involved in the processing of courts-martial, nonjudicial punishment, administrative boards or proceedings, investigations, or other Official military matters. Frequently, a serviceman accused or suspected of an offense or of conduct leading to administrative proceedings will request advice from the legal assistance Officer. In such a case, he should be advised of the proper procedures for obtaining counsel Or advice. This limitation does not prevent the assignment of the same officer to perform the functions of a legal assistance officer and the functions of a defense counsel, Counsel for a respondent, or counsel for a party.

(b) Domestic-relations cases. In domestic-relations cases, a legal assistance officer may, with the knowledge and Consent of both parties, and where neither party is represented by counsel, consult both parties without in propriety. (c) Nomlegal advice. The legal assistance officer, while giving legal advice, may also determine that the client needs or desires advice on related nonlegal matters. The legal assistance officer should provide legal advice Only, or defer giving such advice, and refer the client to an appropriate perSon Or agency for Such nonlegal counSeling. The legal assistance officer should establish and maintain a working relationship with those individuals who are qualified to provide nonlegal counseling services. (d) Proceedings involving the United States. A legal assistance officer shall not advise On, assist in, or become involved with, individual interests opposed to Or in Conflict with the United States without the specific approval of the Judge Advocate General. In this connection see also 18 U.S.C. 201, and 18 U.S.C. 205. (e) Telephone inquiries. In the absence of unusual or compelling cirCumstances, legal advice should not be given over the telephone.

[41 FR 26863, June 30, 1976]

§ 727.8 Confidential and rivileged character of service provided.

All information and files pertaining to the persons served will be treated as Confidential and privileged in the legal sense as outlined in Canon 4 of the Code of Professional Responsibility, as Opposed to confidential in the military Sense of Security information. These privileged matters may not be disclosed to anyone by personnel rendering the service, except upon the specific permission of the person conCerned, and disclosure thereof may not be lawfully ordered by superior military authority. This restriction does not prohibit providing the nonprivileged Statistical data required by $727.13 of this part. Protection of the confidences of a legal assistance client is essential to the proper functioning of the legal assistance program in order

to assure all military personnel, regardless of grade, rank, or position, that they may disclose frankly and completely all material facts of their problem to those rendering the service without fear that their confidence will be abused or used against them in any way. While case files are not subject to the control of the Department of the Navy and therefore do not constitute a “system of records” within the meaning of the Privacy Act of 1974 (5 U.S.C. 552a), no information which identifies an individual legal assistance client by name or any other particular, Such as social security number, shall be extracted from the case files and incorporated into any file or index System aside from or in addition to the information contained on the legal assistance form (NAVJAG 5801/9) or locally used equivalent. Strict adherence to the foregoing will ensure compliance with the Privacy Act. Administrative and clerical personnel assigned to legal assistance offices shall maintain the confidential nature of matters handled.

[42 FR 35957, July 13, 1977]

$727.9 Referrals to civilian lawyers.

(a) General. If it is determined that the legal assistance requested is beyond the scope of this part, or if no available legal assistance officer is qualified to give the assistance requested, the client should be referred to a civilian lawyer. When the client does not know of a lawyer whom he wishes to represent him, his case may be referred to an appropriate bar Organization, lawyer referral Service, legal aid society, or other local organization for assistance in obtaining reliable, competent, and Sympathetic Counsel, or to a civilian lawyer designated by Such Organization.

(b) Fees charged by civilian lawyers. Legal assistance clients being referred to a civilian lawyer should be advised that, even when the fee to be charged is set by statute or subject to court approval, it should be one of the first items discussed to avoid later misunderstandings and eliminate uncertainty. Legal assistance officers should exercise caution in discussing possible fees to be charged by civilian lawyers so as to avoid embarrassment or mis

understanding between the client and his civilian lawyer.

§ 727.10 Fees, compensation, solicitation, and representation in civilian courts.

(a) General. Active duty military perSonnel and civilian employees of the Navy and Marine Corps are prohibited from accepting or receiving, directly or indirectly, any fee or compensation of any nature, in Cash or otherwise, for legal Services rendered to any person entitled to legal assistance under this part whether or not the service rendered is normally provided or available to such person under this part and whether or not the Service is rendered during duty hours as a part of official duties. Reserve judge advocates on inactive duty are prohibited from accepting or receiving any fee or compensation of any nature, in Cash or otherwise, for legal Services rendered to any person entitled to legal assistance under this part with respect to matters about which they consulted or advised Said person in an official capacity. The prohibition may be waived only by the Judge Advocate General of the Navy or the Director, Naval Legal Service, as appropriate, in extraordinary cirCumstances On a case by Case basis for inactive duty Reserve judge advocates who consulted with Or advised an eligible client in an official capacity. Before a waiver may be granted, the following criteria, as well as other relevant criteria, shall be considered: (1) Whether the waiver is specifically requested by the party concerned or an appropriate representative, (2) Whether there is a likelihood that undue and Substantial prejudice will otherwise be suffered by the party conCerned, (3) Whether adequate continued representation for Compensation is otherwise reasonably available, and (4) Whether the requested representation will violate the Code of ProfesSional Responsibility of the American Bar Association or other applicable legal or ethical requirements. (b) Solicitation. Active duty military personnel, civilian employees of the Navy and Marine Corps, and inactive reservists, acting in an official capacity, are prohibited from soliciting, or advising that any person entitled to legal assistance under this part retain, consult, or seek legal Services from themselves in their private capacities, or from any attorney who is a partner or associate of a law firm of which they are partners or a SSociates, or from any attorney with whom they share office spaces; Provided that nothing herein shall prevent. Such person from being referred to civilian counsel as provided in § 727.9. (c) Representation before civilian courts or agencies. No active duty Navy or Marine Corps judge advocate may appear as counsel on behalf of any person entitled to legal assistance, except as provided in paragraph (a)(3) of $727.6 and under guidelines prescribed in the Manual of the Judge Advocate General before any civil court, civil administrative tribunal, civil regulatory body, or civil governmental agency, in any proceeding, whether or not a fee or other compensation is accepted or received, without prior written approval of the Judge Advocate General, or the Director, Naval Legal Service, as appropriate. Requests for such permission may be in the form prescribed in the Manual of the Judge Advocate General.

[47 FR 41561, Sept. 21, 1982]

$727.11 Supervision.

The Judge Advocate General will exercise supervision over all legal assistance activities in the Department of the Navy. Subject to the supervision of the Judge Advocate General, officers in charge of Naval Legal Service Offices, and all Marine Corps commanders exercising general court-martial authority, acting through their judge advocates, shall exercise supervision over all legal assistance activities within their respective areas of responsibility and shall ensure that legal assistance Services are made available to all eligible personnel within their areas. The Judge Advocate General will collaborate with the American Bar Association, the Federal Bar Association, and other Civilian bar organizations as he may deem necessary or advisable in the accomplishment of the objectives and purposes of the legal assistance program.

[42 FR 35957, July 13, 1977]

[blocks in formation]
[blocks in formation]
[blocks in formation]

vide that Navy Medical Department facilities may be called upon to furnish medical and dental care, under laws of humanity or principles of international courtesy, to civilians and to other perSons not. Otherwise entitled to medical and dental care.

§ 728.2 Definitions.

Unless Otherwise qualified in this part, the following terms, when used throughout, are defined as follows: (a) Active duty. Full-time duty in the active military Service of the United States. This includes full-time training duty; annual training duty; and attendance, while in the active military Service, at a School designated as a service School by law or by the Secretary of the military department concerned. It does not include full-time National Guard duty. (b) Active duty for training. A tour of active duty for reserves for training under orders that provide for automatic reversion to non-active status when the Specified period of active duty is completed. It includes annual training, Special tours, and the initial tour performed by enlistees without prior military service. (c) CHAMPUS. Civilian Health and Medical Program of the Uniformed Services. (d) Catchment area. A specified geographic area. Surrounding each Uniformed Services Medical Treatment Facility (USMTF) or designated Uniformed Services Treatment Facility (USTF). In the United States, Catchment areas are defined by Zip codes and are based on an area of approximately 40 miles in radius for inpatient care and 20 miles in radius for anbulatory care. Zip codes designating such areas in the United States are Specified in Volumes I and II of the Military Health Services System (MHSS) Catchment Area. Directory. Catchment areas for facilities Outside the United States are defined in Volunne III of the MHSS Catchment Area. Directory. These directories exclude certain areas because of geographic barrierS. (e) Chronic condition. Any medical or surgical condition marked by long duration or frequent recurrence—or likely to be so marked—which, in light of

« PreviousContinue »