[Code of Federal Regulations]
[Title 32, Volume 5, Parts 700 to 799]
[Revised as of  July 1, 1998]
From the U.S. Government Printing Office via GPO Access
[CITE: 32CFR727.10]

[Page 274-275]
 
                       TITLE 32--NATIONAL DEFENSE
 
                   CHAPTER VI--DEPARTMENT OF THE NAVY
 
PART 727--LEGAL ASSISTANCE--Table of Contents
 
Sec. 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

[[Page 275]]

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 associates, 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 Sec. 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 Sec. 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]