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Figure 8-10.—A Legalman assisting a service member.
CONFIDENTIAL AND PRIVILEGED
CHARACTER OF SERVICE
Information and files pertaining to legal
assistance clients are confidential and privileged
under the law and applicable professional rules
and guidelines. This confidentiality is separate
and distinct from military security classifications.
Confidential and privileged matters are not
disclosed to anyone by the attorney providing
legal assistance, except on 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 in this instance are
bound to maintain the confidentiality of the
information. Office records for prevention of
conflicts of interest and statistical data can also
be derived from information provided by the
client.
If requested by the member’s CO or officer in
charge (OIC), information on whether a member
of a command reported to a legal assistance office
is generally provided. Information concerning a
member’s presence in the office cannot be
disclosed, however, if doing so would reveal the
nature of conversations, advice, or assistance.
The nature of the legal assistance or the
substance of the conversations or advice cannot
be provided without the client’s consent.
LEGAL ASSISTANCE SERVICES
Advice and service regarding the following
matters are normally available to eligible persons
at legal assistance offices, but may be limited due
to the availability of resources:
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