(JAG 132) PROFESSIONAL CONDUCT OF ATTORNEYS PRACTICING UNDER THE COGNIZANCE AND SUPERVISION OF THE JUDGE ADVOCATE GENERAL
|Publication Date:||9 November 2004|
In furtherance of references (a) through (f), which require the Judge Advocate General of the Navy (JAG) to supervise the performance of legal services under JAG cognizance throughout the Department of the Navy (DON), this instruction is promulgated:
a. to establish Rules of Professional Conduct (the Rules) for attorneys subject to this instruction;
b. to establish procedures for receiving, processing, and taking action on complaints of professional misconduct made against attorneys practicing under the supervision of JAG, whether arising from professional legal activities in DON proceedings and matters, or arising from other, non-U.S. Government related professional legal activities or personal misconduct which suggests the attorney is ethically, professionally, or morally unqualified to perform legal services within the DON;
c. to prescribe limitations on, and procedures for processing requests to engage in, the outside practice of law by those DON attorneys practicing under the supervision of JAG; and
d. to ensure quality legal services at all proceedings under the cognizance and supervision of the JAG.
a. This instruction applies to all "covered attorneys" as defined herein.
b. "Covered attorneys" include:
(1) The following U.S. Government (USG) attorneys, referred to, collectively, as "covered USG attorneys" throughout this instruction:
(a) All active-duty Navy judge advocates (designator 2500 or 2505) or Marine Corps judge advocates (MOS 4402 or 9914).
(b) All active-duty judge advocates of other U.S. armed forces who practice law or provide legal services under the cognizance and supervision of the JAG.
(c) All civil service and contracted civilian attorneys who practice law or perform legal services under the cognizance and supervision of the JAG.
(d) All Reserve or Retired judge advocates of the Navy or Marine Corps (and any other U.S. armed force), who, while performing official DON duties, practice law, provide legal services under the cognizance and supervision of the JAG, or are serving in non-legal Military Occupational Specialty (MOS) billets.
(e) All other attorneys appointed by JAG (or the Director, Judge Advocate (JA) Division, Headquarters Marine Corps (HQMC), in Marine Corps matters) to serve in billets or to provide legal services normally provided by Navy or Marine Corps judge advocates. This policy applies to officer and enlisted reservists, to active-duty personnel, and to any other personnel who are licensed to practice law by any Federal or state authorities, but who are not members of the Judge Advocate General's Corps or who do not hold the 4402 or 9914 designation in the Marine Corps.
(2) The following non-U.S. Government attorneys, referred to, collectively, as "covered non-USG attorneys" throughout this instruction: all civilian attorneys representing individuals in any matter for which JAG is charged with supervising the provision of legal services. These matters include, but are not limited to, courts-martial, administrative separation boards or hearings, and disability evaluation proceedings.
(3) The term "covered attorney" does not include those civil service or civilian attorneys who practice law or perform legal services under the cognizance and supervision of the General Counsel of the Navy.
c. Professional or personal misconduct unrelated to a covered attorney's DON activities, while normally outside the ambit of these rules, may be reviewed under procedures established herein and may provide the basis for decisions by the JAG regarding the covered attorney's continued qualification to provide legal services in DON matters.
d. Although the Rules do not apply to non-attorneys, they do define the type of ethical conduct that the public and the military community have a right to expect from DON legal personnel. Accordingly, these Rules shall serve as models of ethical conduct for the following personnel when involved with the delivery of legal services under the supervision of the JAG:
(1) Navy legalmen and Marine Corps legal administrative officers, legal service specialists, and legal services reporters (stenotype);
(2) limited duty officers (LAW);
(3) legal interns; and
(4) civilian support personnel including paralegals, legal secretaries, legal technicians, secretaries, court reporters, and others holding similar positions.
Covered USG attorneys who supervise non-attorney DON employees are responsible for their ethical conduct to the extent provided for in Rule 5.3 of enclosure (1).