Regulations last checked for updates: Nov 25, 2024

Title 32 - National Defense last revised: Nov 18, 2024
All TitlesTitle 32Chapter VPart 536Subpart C - Subpart C—Claims Cognizable Under the Military Claims Act
View all text of Subpart C [§ 536.73 - § 536.82]
§ 536.81 - Payment of costs, settlements, and judgments related to certain legal malpractice claims.

(a) General. Costs, settlements, and judgments cognizable under 10 U.S.C. 1054(f) for damages for personal injury or loss of property caused by any attorney, paralegal, or other member of a legal staff will be paid if:

(1) The alleged negligent or wrongful actions or omissions occurred during the provision or performance of legal services while the attorney or legal employee was acting within the scope of duties or employment;

(2) Such personnel furnish prompt notification and delivery of all process served or received and other documents, information, and assistance as requested;

(3) Such personnel cooperate in the defense of the action on the merits.

(b) Requests for contribution or indemnification. All requests for contribution or indemnification under this section should be forwarded to the Commander USARCS, for action, following the procedures set forth in this subpart.

authority: 10 U.S.C. 2733; 10 U.S.C. 1089; 10 U.S.C. 1054; 28 U.S.C. 1291,2401,2411,2671; 10 U.S.C. 2737; 32 U.S.C. 715; 10 U.S.C. 2734a,2734b; 10 U.S.C. 2734; 10 U.S.C. 4801,4802,4806; 46 U.S.C. app. 740; 39 U.S.C. 411; 10 U.S.C. 939; 10 U.S.C. 2736; 10 U.S.C. 2735; 10 U.S.C. 2731.
source: 71 FR 69360, Nov. 30, 2006, unless otherwise noted.
cite as: 32 CFR 536.81
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