The Basics of Military Law
Military law refers to various statutes that are promulgated to govern those involved in the military. It covers both criminal law and civil law. Military justice is more formally known as the Uniform Code of Military Justice (UCMJ), which consists of statutes from the Articles of War and the Manual for Courts Martial. The UCMJ has been in place ever since the Revolutionary War and is currently codified in Chapter 47 of Title 10 of the U.S. Code.
Administrative acts are those of a non-criminal nature; however, they are also covered by military law. This includes administrative boards and courts and the operation of non-judicial disciplinary proceedings under Article 15 of the UCMJ, which is also called "non-judicial punishment" or NJP. When a service member is suspected of misconduct and informal disciplinary action is warranted, an Article 15 hearing may be directed by a commander. The outcome of that hearing may be a reprimand or a reduction in rank, for example .
Article 15 is an important part of the military law structure, and it is essential that an accuser fully understand the provisions and implications of it before entering into a hearing. The law provides that, if a service member does not want to engage in a non-judicial punishment hearing under Article 15, he or she may demand a court-martial instead. Soliciting counsel at the outset and throughout the process is invaluable.
Another area where civilian laws may apply is civil law. Service members are subject to state and federal laws in the same manner as civilians. A civilian defendant must comply with all laws as well if he or she is serving in a different capacity. "Under the UCMJ, it is a court that imposes punishment for violations, not the individual’s branch of the armed forces," the Army writes. "The UCMJ is intended to supplement (not replace) the civilian judicial system on matters, such as divorce, child custody, and consumer legal matters."
Civilian Attorneys Under Military Law
A distinguishable characteristic in military law proceedings is that accused service members are not required to retain a civilian lawyer to represent them. Rather, military members facing administrative separation are entitled to free representation by Judge Advocate General (JAG) officers. Civilian lawyers defending military personnel, however, can provide much needed expertise in the following areas:
Civilian lawyers are not constrained by military rules of conduct nor military jurisdiction. Unlike JAGs, who are bound by the strictures of the Uniform Code of Military Justice (UCMJ), civilian attorneys enjoy the freedom of operating from the familiarity of a civilian criminal jurisprudence. Personal experiences, legal knowledge, and service in the private sector allow civilian attorneys to think creatively and strategically to achieve a respective outcome for their service member clients; military lawyers can offer similar expertise, but they are limited in their ability to offer wide-ranging legal options to their clients.
Civilian lawyers also have greater flexibility in meeting with their military clients. Military installations are free to dictate visiting hours and potential meeting places for military lawyers; civilian attorneys, on the other hand, can meet with their clients wherever and whenever necessary- as their schedules permit. With vastly more experience handling such cases, civilian counsel know how to get their clients appointment slots at all the right times and places.
Accused service members have the opportunity and freedom to best exercise their rights for representation through civilian attorneys. When your military career is on the line, be sure to hire a civilian lawyer who intimately knows his or her craft.
Military Law Specialist Qualifications
An American Bar Association certification is a good start, but be sure your military lawyer has hands-on experience in your specific situation, or at the very least, as a minimum standard of competence.
As with any specialization, there are certain things you can look for to find a qualified expert. One thing to remember is that, within the legal profession, there are three generic categories of legal practitioners: Virtually, every lawyer will be competent to meet some need you have. It is a question of sensitivity and emphasis. All military lawyers will share some common traits, but because of their environments, the Army lawyer will be the most desirable for all Army members, etc. If none of these lawyers are desirable, the family law specialist would be the most useful. It is much better to choose a good family law specialist as your military lawyer than to use a military lawyer who has never handled family law. Once you’ve decided which of these types of lawyers is best for your situation, you must be sure that the individual has sufficient expertise in the military family law area so that you’ll get the help you need. For example, if an attorney obtained his or her qualifications in tax law, and then decided to change fields because of his or her interest in representing military families, you have to wonder if he or she has the requisite legal knowledge to meet your expectations. To be sure, this lawyer’s tax training will be invaluable to you on issues such as the division of the military pension and state and federal tax implications associated with assets or income — but what about the divorce or paternity proceeding? Is the lawyer truly competent to advise and represent you about legal separation, divorce, custody, paternity, distribution of property, and support issues? Does this lawyer have the requisite working knowledge of military law and procedures required to assist your family? Has he or she had actual, hands-on experience in a sufficient number of military cases? Interviews and thorough research can answer these questions for you. And when you find the right lawyer, you will know.
Benefits of Having a Local Military Law Attorney
Many veterans and military personnel will expect or hope to find the right military lawyer for their family or personal issue in a nearby location. Not only is there a convenience factor for clients utilizing a civilian lawyer for legal matters involving the military in that the offices of the attorney may be within a workable distance for short travel or via other modes of transportation, but there is also a factor of regional knowledge and involvement on the part of these attorneys. Civilian lawyers specializing in military law issues may have volunteered with the military or are familiar with terms and habits specific to the military due to their geographic background. Their willingness to advocate for military personnel may be a strong and consistent passion in many cases, and this allows more involvement with the military community, from event sponsorships to national and local committee memberships and more.
Common Cases Military Civilian Attorneys See
Chapter 7 and 10 of the UCMJ – Under this section of the UCMJ, the military can decide to involuntarily separate certain service members from the military even if they’re otherwise meeting all of their physical and mental service obligations. The decisions are based on chapter 7 and 10 of the UCMJ (due to misconduct), and the more subjective chapter 5 of the UCMJ, which is specific to separation for unsatisfactory performance in response to the service member being deemed a "poor fit" or having a personality conflict with others at their command . If you’re a service member facing discharge under these chapters, working with an experienced civilian military law attorney can help you navigate the complexities of the process.
Courts Martial – Because courts martial is a common and relatively aggressive procedure used to prosecute military members (and is also governed by the UCMJ) it’s important for accused soldiers to have access to a private and confidential option for representation before participating in the process. An attorney with experience in representing court martial defendants is the best asset you can have if you are being charged with a court martial.
How to Locate the Right Attorney Near You
In the digital age, finding a qualified civilian lawyer near you who specializes in military law is easier than ever. Online resources and local directories can help you narrow down your options and find the right attorney to meet your specific needs.
Online Directories
Directories such as FindLaw, Lawyers.com, and Avvo allow you to search for lawyers by practice area and location. Simply enter your city, state, or zip code, and these directories will list lawyers in your area specializing in military law. You can further refine your search by reading reviews and checking the lawyers’ credentials and experience.
Local Bar Associations
Your local bar association can be an excellent resource for finding civilian lawyers who specialize in military law. Many bar associations maintain a referral service that can connect you with local lawyers based on your specific legal needs. You can visit your state or local bar association’s website for more information on their referral services.
Legal Aid Societies
If cost is a concern, consider reaching out to a legal aid society near you. Legal aid societies offer free or low-cost legal assistance to low-income individuals. Many legal aid societies have lawyers on staff with military law experience or can refer you to a specialist in your area.
Your local military installation may also have a legal assistance office, which can provide legal services to service members and their families. While these offices are unable to represent you outside of the military sphere, they may be able to refer you to a civilian lawyer specializing in military law.
Consultations
Once you have a list of potential lawyers, make sure to schedule consultations to get a better understanding of their expertise and whether they are a good fit for your situation. During the consultation, come prepared with questions regarding their experience with cases like yours and their fee structure. Also, take note of how well they communicate and whether they seem genuinely interested in helping you with your case.
Military Law Consultation Preparation
When you find a potential civilian lawyer specializing in military law, the next step is to meet with the attorney. Ask if the lawyer charges for a consultation, they can help you over the phone or in person. Be as prepared as possible so you can make the most of the meeting and to give the lawyer a sense of your situation. Sit down and write everything down that you want to tell the lawyer. Consider organizing the information in a list , by topic. Create an outline with headings for each topic. If you have any papers from your situation, take them along. It is always a good idea to have questions prepared in advance. Ask about their experience, ask if they have represented others in your situation before. Ask how they work, what you can expect from the process, what the lawyer needs from you, etc.