§ 776.95 - Relations with non-DON civilian counsel.

Employment of non-DON civilian counsel by an individual client alters no responsibilities of a DON attorney to that client.

(a) When civilian counsel is retained by an individual client, the DON attorney assigned to that client shall inform civilian counsel—

(1) Of the contents of this part;

(2) That subpart B of this part applies to civilian counsel practicing before military tribunals, courts, or boards as a condition of such practice; and

(3) That subpart B of this part takes precedence over other rules of professional conduct that might otherwise apply.

(b) If an individual client designates civilian counsel as chief counsel, the detailed DON attorney must defer to civilian counsel in any conflict over trial tactics. If, however, counsel have “co-counsel” status, then conflict in proposed trial tactics requires the client to be consulted to resolve the conflict.

(c) If civilian counsel has, in the opinion of the DON attorney, acted contrary to the requirements of subpart B of this part, the matter should first be discussed with civilian counsel. If not resolved between counsel, the client must be informed of the matter by the DON attorney. If, after being apprised of possible misconduct, the client approves of the questioned conduct, the judge advocate shall attempt to withdraw from the case in accordance with § 776.35. The client shall be informed of such intent to withdraw prior to action by the judge advocate.