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Code of Federal Regulations (Last Updated: July 5, 2024) |
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Title 32 - National Defense |
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Subtitle A - Department of Defense |
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Chapter VI - Department of the Navy |
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SubChapter G - Miscellaneous Rules |
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Part 776 - Professional Conduct of Attorneys Practicing Under the Cognizance and Supervision of the Judge Advocate General |
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Subpart B - Rules of Professional Conduct |
§ 776.40 - Meritorious claims and contentions.
Latest version.
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§ 776.40 Meritorious claims and contentions.
(a) A covered attorney shall not bring or defend a proceeding, or assert or controvert an issue therein, unless there is a basis for doing so that is not frivolous, which includes a good faith argument for an extension, modification, or reversal of existing law. A covered attorney representing an accused in a criminal proceeding or the respondent in an administrative proceeding, that could result in incarceration, discharge from the Naval service, or other adverse personnel action, may nevertheless defend the client at the proceeding as to require that every element of the case is established.
(b) [Reserved]