COE ER 27-2-2-1996 PROCEDURES FOR IMPLEMENTATION AND ENFORCEMENT OF THE RULES OF PROFESSIONAL CONDUCT FOR ATTORNEYS《律师行业行为准则的实施执行》.pdf

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1、CECC-ZA Engineer Regulation 27-2-2 W 3515789 0862689 OT2 Department of the Army US. Army Corps of Engineers Washington, DC 20314-1000 ER 27-2-2 29 February 1996 Legal Services PROCEDURES FOR IMPLEMENTATION AND ENFORCEMENT OF THE RULES OF PROFESSIONAL CONDUCT FOR ATTORNEYS Distribution Restriction St

2、atement Approved for public release; distribution is unlimited. Provided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-_ 3535789 O8b2b90 814 CECC-ZA Regulation NO. 27-2-2 DEPARTMENT OF THE ARMY US. Army Corps of Engineers Washington, D.C. 203 14-1000 ER 27-

3、2-2 29 February 1996 Legal Services PROCEDURES FOR IMPLEMENTATION AND ENFORCEMENT OF THE RULES OF PROFESSIONAL CONDUCT FOR ATTORNEYS Supplementation of this regulation is prohibited except upon the proponents approval. USACE Commanders will submit their request for approval to HQUSACE (CECC-ZA), WAS

4、H, D.C. 203 14- 1 O00 through chain of command channels. 1. Professional Conduct for Lawyers (AR 27-26) (Rules) and the procedures for reporting, processing, investigating and taking appropriate action on reports or allegations of violations of the Rules in the U.S. Army Corps of Engineers (USACE),

5、as required by Rule 1 O. 1. This regulation implements sub-paragraphs (d) and (e) of Rule 9.1 by identifjing the duties of the USACE Professional Conduct Committee which will assist the Chief Counsel and the Deputy Chief Counsel in their assigned duties. Purpose. This regulation establishes responsi

6、bilities for advancing and enforcing the Rules of 2. Applicability. This regulation applies to all attorneys appointed under the qualifying authority of the Chief Counsel, USACE. Judge advocates assigned or detailed to the USACE are under the jurisdiction of The Judge Advocate General. 3. References

7、. a. AR27-26 b. AR 672-20 4. Responsibilities. a. The Chief Counsel will: (1) refer requests for opinions on the interpretation of the Rules to the Department of Army Professional Conduct Council as deemed necessary by the Chief Counsel and the Rules against USACE attorneys. (2) render decisions and

8、 take appropriate action on reports and allegations of violations of Provided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,- 3535789 086269L 750 ER 27-2-2 29 Feb 96 b. USACE supervisory attorneys will: (1) make reasonable efforts to ensure that all attorney

9、s under their supervision have been advised of their responsibilities under the Rules, and are required to conduct themselves in conformance with the Rules; (2) annually review the requirements of AR 27-26 with all attorneys under their supervision. This can be accomplished in conjunction with annua

10、l ethics training, annual performance evaluation reviews; or at any other appropriate opportunity; (3) recognize attorneys who consistently demonstrate the highest standards of professional conduct. This can be accomplished with positive reflections on performance evaluation reports, nominations for

11、 awards pursuant to AR 672-20 and other appropriate public recognition; (4) immediately report violations or allegations of violations of the Rules by a USACE attorney to the Deputy Chief Counsel; and (5) exercise the responsibilitiesof supervisory lawyers required by Rule 5.2. c. All USACE attorney

12、s will read the Rules and conform their conduct to the Rules. 5. The USACE Professional Conduct Committee. a. The USACE Professional Conduct Committee will be chaired by the Assistant Chief Counsel for Legal Services Policy, Information and Programs. Additional membership will be determined by the D

13、eputy Chief Counsel on an ad hoc basis and may include other HQUSACE counsel and/or field counsel. b. The USACE Professional Conduct Committee will: (1) assist the Chief Counsel with questions before the DA Professional Conduct Council; (2) review requests for interpretations of Rules submitted for

14、opinions pursuant to Rule 9.1; and (3) upon request of the Deputy Chief Counsel, review reports or allegations of misconduct against USACE attorneys, and prepare recommendations for appropriate action for the Chief Counsel. 2 Provided by IHSNot for ResaleNo reproduction or networking permitted witho

15、ut license from IHS-,-,-3535789 08b2b92 697 m ER 27-2-2 29 Feb 96 6. Interpretation. a. As provided in Rule 9.1, Army lawyers are encouraged to seek interpretation of the Rules from their supervisory chain. Any lawyer subject to the Rules may request an opinion from the DA Professional Conduct Counc

16、il. b. Attorneys requesting an interpretation of the Rules from their supervisory chain or the DA Professional Conduct Council must submit: (1) a complete description of the factual situation generating the request for interpretation, subject to Rules 1.6 and 8.5(f); (2) a discussion of the relevant

17、 law; and (3) the requesters opinion of the correct interpretation. c. Requests to the DA Professional Conduct Council must be submitted through the USACE legal supervisory chain to the USACE Professional Conduct Committee (ATIN: CECC-T). d. Requests to the USACE Professional Conduct Committee must

18、be submitted through the requesters legal supervisory chain. 7. Enforcement. a. Any report or allegation of violation(s) of the Rules by a USACE attorney will immediately be forwarded to the Deputy Chief Counsel. b. The Deputy Chief Counsel will conduct an appropriate inquiry into all reports or all

19、egations of violations of the Rules. The Deputy Chief Counsel may direct the USACE Professional Conduct Committee to conduct an investigation into the report or allegation; enlist the aid of the Engineer Inspector General (or another individual or investigating activity) to conduct an investigation;

20、 or rely upon reports of investigations conducted by others. c. The Deputy Chief Counsel will insure that the attorney who is the subject of a report or allegation of a violation of the Rules is afforded the opportunity to provide a written response to the report or allegation. d. Anyone appointed b

21、y the Deputy Chief Counsel to conduct an investigation will be of equal or superior grade to the attorney who is the subject of the investigation. 3 Provided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-3515789 0862693 523 ER 27-2-2 29 Feb 96 e. The scope

22、of an inquiry or investigation will be limited to consideration of ethical and professional questions relating to the responsibilities prescribed by the Rules. Failure to comply with an obligation or prohibition imposed by a Rule is a basis for invoking the disciplinary process and/or withdrawing th

23、e Chief Counsel?s approval of an attorney?s qualifications for appointment. The Rules and the enforcement provisions established herein do not supplant, or affect in any way, normal administrative methods or channels for dealing with other employment problems, general misconduct or grievances. f. Up

24、on completion of the inquiry, the Deputy Chief Counsel will recommend appropriate action to the Chief Counsel. g. The final decision on any action taken on the basis of an inquiry or investigation conducted in accordance with this regulation will be made by the Chief Counsel. FOR THE COMMANDER: ROBERT H. GRIFFIN Colonel, Corps of Engineers Chief of Staff 4 Provided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-