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military justice problem, should be referred to a legal
assistance attorney. Legal assistance is authorized for
personal legal affairs only. Legal advice and assistance
are not provided regarding business ventures or
regarding matters that are not of a personal nature.
Advice or Assistance in Official Military
Matters
Legal assistance duties are separate and apart from
responsibilities of trial counsel, defense counsel, or
others involved in processing courts-martial,
nonjudicial punishment, administrative boards or
proceedings, and investigations.
Representation of Opposing Parties or Interests
If two or more eligible persons with conflicting
interests seek legal assistance from the same office on
the same matters, the party first establishing an
attorney-client relationship is provided representation.
Other parties are advised that they are eligible for
assistance, but that it must be obtained from another
source. Every effort will be made to refer the party with
a conflicting interest to another legal assistance attorney
or to a private civilian attorney. If referral to another
office or civilian counsel is not a reasonable option,
guidance should be obtained from JAG.
Proceedings Involving the United States
Legal assistance attorneys may not advise on, assist
in, or become involved with individual interests
opposed to or in conflict with the interests of the United
States without the specific approval of JAG. Examples
include a claim for monetary damages against the
United States, filing for a restraining order against the
United States, assisting in pursuing CHAMPUS claims,
or filing Article 138, Uniform Code of Military Justice
(UCMJ), petitions.
Telephone Inquiries
In the absence of unusual or compelling
circumstances, legal advice is not provided over the
telephone. This does not prohibit appropriate follow-up
telephone discussions between the legal assistance
attorney and the client.
Advice to Third Parties
The attorney-client relationship requires personal
communication. Except when the client is unable to
communicate adequately, advice or assistance will not
be provided through third parties. This includes drafting
a will for one spouse based upon discussion with the
other spouse.
REFERRALS AND FEES
The legal assistance attorney may determine that the
best interests of the client will be served by referring the
case to another attorney, often a private civilian attorney.
Referral may be for a variety of reasons, including
expertise of the attorney or regulations that prohibit
involvement of the legal assistance attorney. Should
referral to a private civilian attorney be necessary
payment of legal fees is the client’s responsibility. The
government will not reimburse the individual or pay any
expenses associated with the referral.
Reserve
personnel providing legal assistance while on active
duty may not refer legal assistance clients to themselves
in their private practice nor to their law firm.
Services provided in the Department of the Navy
legal assistance program are at no cost to eligible
personnel.
All active duty personnel and civilian
employees involved in providing services or advice in
the legal assistance program are prohibited from
accepting or receiving, in any manner, any fee or
compensation other than government compensation for
legal services provided to persons eligible for
assistance. Reserve personnel on inactive duty or in any
offical capacity are prohibited from receiving fees or
compensation for the same matters about which they
consulted with or advised the legal assistance client in
an official capacity.
THE EXPANDED LEGAL ASSISTANCE
PROGRAM
Under the expanded legal assistance program, legal
assistance attorneys in selected offices may provide
legal services, including in-court representation to
certain categories of clients, as follows, about matters
listed in the JAGMAN, on a limited basis. The local
legal assistance office should be consulted for specific
information.
The expanded legal assistance program, as
authorized by JAG, provides in-court legal services for
eligible personnel who cannot afford private attorney
fees.
Those personnel eligible for the expanded legal
assistance program include the following:
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