§ 776.10. Informal ethics advice.
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/us/cfr/t32/s§ 776.10·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)Advisors. Covered attorneys may seek informal ethics advice either from the officers named below or from supervisory attorneys in the field. Within the Office of the Judge Advocate General
(OJAG)and the Office of the SJA to CMC, the following officials are designated to respond, either orally or in writing, to informal inquiries concerning this rule in the areas of practice indicated:
(1)Director, Criminal Law Division (OJAG Code 20): Military justice matters;
(2)Director, Trial Counsel Assistance Program (TCAP): Trial counsel matters;
(3)Director, Defense Counsel Assistance Program (DCAP): Defense counsel matters;
(4)Director, Legal Assistance Division (OJAG Code 16): Legal assistance matters;
(5)The DSJA to CMC and Head, Research and Civil Law Branch (JAR), Judge Advocate
(JA)Division, Headquarters United States Marine Corps (HQMC): Cases involving Marine Corps judge advocates, or civil service and contracted civilian attorneys who perform legal services under the cognizance and supervision of SJA to CMC;
(6)Deputy Chief Judge, Navy-Marine Corps Trial Judiciary: Judicial matters; and
(7)Professional Responsibility Coordinator, Administrative Law Division (OJAG Code 13): All other matters.
(b)Limitation. Informal ethics advice will not normally be provided by JAG/HQMC advisors concerning professional responsibility matters that are then the subject of litigation.
(c)Written advice. A request for informal advice does not relieve the requester of the obligation to comply with subpart B of this part. Although covered attorneys are encouraged to seek advice when in doubt as to their responsibilities, they remain personally accountable for their professional conduct. If, however, an attorney receives written advice on an ethical matter after full disclosure of all relevant facts and reasonably relies on such advice, no adverse action under this part will be taken against the attorney. Written advice may be sought from either a supervisory attorney or the appropriate advisor in paragraph
(a)of this section. The JAG is not bound by unwritten advice or by advice provided by personnel who are not supervisory attorneys or advisors. See §§ 776.8(b)(3) and 776.54(c) of this part.