[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: 32CFR727.7]

[Page 273]
 
                       TITLE 32--NATIONAL DEFENSE
 
                   CHAPTER VI--DEPARTMENT OF THE NAVY
 
PART 727--LEGAL ASSISTANCE--Table of Contents
 
Sec. 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 impropriety.
    (c) Nonlegal 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]