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Chapter 11 Legal Assistance - 14135_299
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3. Dependents of retired members and dependents of deceased retired members. 4. Reservists on active duty for single periods of 29 days or less and their dependents, as authorized by the legal assistance area coordinator, in emergency cases. Additionally, for the purpose of enhancing the readiness of Reserve personnel for mobilization, active duty  legal  assistance  attorneys  and  Reserve  judge advocates  who  have  been  authorized  by  JAG  may provide  premobilization  legal  counseling  and  assistance to   inactive   Reserve   personnel   consistent   with mobilization  readiness  needs.  Premobilization assistance primarily consists of making sure wills and powers of attorney are current and may include drafting basic wills and basic powers of attorney. 5.  Civilian  personnel  who  are  United  States citizens, other than local hire employees, employed by, serving with, or accompanying the Armed Forces of the United States, when they are assigned to a foreign country or to a vessel or unit of the Armed Forces of the United States deployed in excess of 30 days. 6.   Dependents   living   in   a   foreign   country accompanying authorized civilians listed previously. 7. Members of allied forces and their dependents in the United States, serving with the Armed Forces of the United States. 8. Other persons authorized by JAG. Persons who are separated from active service other than  by  retirement  are  not  generally  eligible  for  legal assistance. Normally,   the   various   veterans organizations  will  help  such  individuals. CONFIDENTIAL AND PRIVILEGED CHARACTER OF SERVICE PROVIDED Information and files on legal assistance clients are confidential  and  privileged  under  law  and  applicable professional  rules  and  guidelines.  This  confidentiality is  separate  and  distinct  from  military  security classification. Confidential and privileged matters may not be disclosed to anyone by the attorney providing legal assistance, except upon the specific permission of the  client  or  when  the  responsible  legal  assistance attorney determines that disclosure is authorized or required  by  law  or  applicable  rules  of  professional conduct.  Disclosure  of  otherwise  confidential  and privileged  information  cannot  be  authorized  or  made lawful  by  order  of  superior  military  authority. Other   attorneys   may   be   granted   access   to confidential and privileged information for supervisory and  quality  assurance  purposes  or  to  obtain  their assistance in the case. Attorneys granted access to information under this provision are bound to maintain the confidentiality of the information. Office records for prevention of conflicts of interest and statistical data may also be derived from information provided by the client. If requested by a member’s commanding officer (CO)  or  officer  in  charge  (OIC),  information  on  whether a member of a command reported to a legal assistance office  will  generally  be  provided.  Information  about  a member’s presence in the office will not be disclosed, however,  if  doing  so  would  reveal  the  nature  of conversations, advice, or resistance. The nature of the legal assistance or the substance of conversations or advice will not be provided without the client’s consent. FUNCTIONS OF LEGAL ASSISTANCE ATTORNEYS A legal assistance attorney, in addition to his or her responsibility to discharge his or her assigned duties that are beyond the scope of a legal assistance role, must perform a myriad of legal functions to satisfy the legal assistance needs of his or her fellow Navy citizens. The breadth  and  variety  of  these  functions  are  discussed  as follows. The legal assistance attorney and the LN in today’s modern  Navy  have  an  increasingly  important  and significant role to play in helping to maintain the high morale  and  personal  motivation  needed  in  an all-volunteer   force. As  the  concept  of  group  legal services gains greater support throughout our society, the Navy’s legal assistance program has provided and will   continue   to   provide   comprehensive   and high-quality  legal  services  to  Navy  and  Marine  Corps personnel. This is done through an expansion in scope of the traditional program and further through the expanded  legal  assistance  program. With the expansion of the traditional program and the  development  of  the  expanded  legal  assistance program, there is an increased need for effective liaison with other government agencies as well as with other naval activities. As the legal assistance attorney and the LN  come  into  contact  with  the  civilian  legal  practice, relationships with the local bar associations, courts, and the business community must be established on a sound footing. The net result should be better legal assistance for  clients. 11-2

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