C.F.R. » Title 32 » CHAPTER VI—DEPARTMENT OF THE NAVY › SUBCHAPTER G—MISCELLANEOUS RULES › PART 776—PROFESSIONAL CONDUCT OF ATTORNEYS PRACTICING UNDER THE COGNIZANCE AND SUPERVISION OF THE JUDGE ADVOCATE GENERAL › Subpart B—Rules of Professional Conduct

32 C.F.R. § 776.57

Unauthorized practice of law

Read at: eCFRecfr.gov CornellLII GovInfogovinfo.gov CasesGoogle Scholar

(a) A covered USG attorney shall not:

(1) Except as authorized by an appropriate military department, practice law in a jurisdiction where doing so is prohibited by the regulations of the legal profession in that jurisdiction; or

(2) Assist a person who is not a member of the bar in the performance of activity that constitutes the unauthorized practice of law.

(3) Engage in the outside practice of law without receiving proper authorization from the JAG.

(b) Limiting the practice of law to members of the bar protects the public against rendition of legal services by unqualified persons. A covered USG attorney's performance of legal duties pursuant to a military department's authorization, however, is considered a Federal function and not subject to regulation by the states. Thus, a covered USG attorney may perform legal assistance duties even though the covered attorney is not licensed to practice in the jurisdiction within which the covered attorney's duty station is located. Paragraph (a)(2) of this section does not prohibit a covered USG attorney from using the services of non-attorneys and delegating functions to them, so long as the covered attorney supervises the delegated work and retains responsibility for it. See § 776.55 of this part. Likewise, it does not prohibit covered USG attorneys from providing professional advice and instruction to non-attorneys whose employment requires knowledge of law; for example, claims adjusters, social workers, accountants and persons employed in Government agencies. In addition, a covered USG attorney may counsel individuals who wish to proceed pro se or non-attorneys authorized by law or regulation to appear and represent themselves or others before military proceedings.

Notes of Decisions
Cited in 4 cases (4 in the last 5 years), 2024–2024 · leading case: Gioia v. SouthEnd Psychiatry (E.D.N.Y 2024).
Sort: Relevance Newest Treatment
Gioia v. SouthEnd Psychiatry (E.D.N.Y 2024). “7 Given Gioia’s pro se status and in an abundance of caution, the Court has also considered whether any of the 7 Indeed, the Court understands that the Gioia VI complaint references 32 CFR § 776.57 , which addresses the unauthorized practice of law for attorneys practicing under…”
Gioia v. Patterson, Belknap, Webb & Tyler (E.D.N.Y 2024). “7 Given Gioia’s pro se status and in an abundance of caution, the Court has also considered whether any of the 7 Indeed, the Court understands that the Gioia VI complaint references 32 CFR § 776.57 , which addresses the unauthorized practice of law for attorneys practicing under…”
Gioia v. Johnson & Johnson (E.D.N.Y 2024). “7 Given Gioia’s pro se status and in an abundance of caution, the Court has also considered whether any of the 7 Indeed, the Court understands that the Gioia VI complaint references 32 CFR § 776.57 , which addresses the unauthorized practice of law for attorneys practicing under…”
Gioia v. SouthEnd Psychiatry (E.D.N.Y 2024). “7 Given Gioia’s pro se status and in an abundance of caution, the Court has also considered whether any of the 7 Indeed, the Court understands that the Gioia VI complaint references 32 CFR § 776.57 , which addresses the unauthorized practice of law for attorneys practicing under…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.