the client after a person-to-person conversation has been
The attorney-client relationship requires personal
communication. Except when the client is unable to
communicate adequately, advice or assistance is not
provided through third parties. This includes drafting a
will for one spouse based on discussions with the other
REFERRALS AND FEES
The legal assistance attorney may determine that the
best interest of the client can 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.
If referral to a private civilian attorney is necessary,
payment of legal fees is the clients responsibility. The
government does not reimburse the individual nor pay
any expenses associated with the referral.
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 service 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 official
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. Reserve personnel who provided
legal assistance while on active duty cannot refer legal
assistance clients to themselves in their private practice
or to their law firm.
EXPANDED LEGAL ASSISTANCE
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. his service is provided on
a limited basis and only for matters listed under the
subheading Legal Assistance Services. The local legal
assistance office must be consulted for specific
The expanded legal assistance program, as
authorized by the Judge Advocate General, provides
in-court legal services for eligible personnel who cannot
afford private attorney fees. The eligible personnel are
l Active duty military personnel in paygrades E-3
and below without dependents.
l Active duty military personnel in paygrades E-4
and below, with dependents. Dependents of personnel
in paygrade E-4 are also eligible.
Q Other active duty military personnel of higher
paygrades and their dependents who are unable to afford
an attorney without substantial financial hardship.
Representation under the expanded legal assistance
program of persons in this category must be approved
by the Judge Advocate General.
Refer to chapter 7 of the Manual of the Judge
Advocate General (JAGMAN), JAGINST 5800.7, for
additional information concerning legal assistance.
There will be occasions when you will be required
to submit availability reports on individuals. Your job
as far as counseling individuals is concerned will
include, for example, asking them for duty preferences,
explaining to them the purpose of the availability report
and explaining to them how long it will take to get a
response. In this section, you will read about the types
of availability reports, the service record maintenance
involved, the submission and transmission of
availability reports, and the classes of availabilities.
Whenever you are required to submit availability
reports, you should always refer to chapter 20 of the
ENLTRANSMAN, NAVPERS 15909, and/or the Diary
Message Reporting System Users Manual
(DMRSMAN), EPMAC New Orleans, Louisiana,
Document Number 108)#1 UM-01A.
All naval commands are responsible for prompt and
accurate submission of availability reports on personnel
who are available for assignment or reassignment. By
efficiently and quickly assigning available personnel to
duty where their talents, experience, and training are
needed, the Navy and the individuals both benefit.
Excessive transient time is costly and erodes the ability
of the Navy to perform its mission. Therefore, in the
interest of stability,
cost-effectiveness, and the
commands should submit
timely availability reports.
morale of the individual,
accurate, complete, and