Click Here to
Order this information in Print

Click Here to
Order this information on CD-ROM

Click Here to
Download this information in PDF Format

 

Click here to make tpub.com your Home Page

Page Title: Limitations on Scope of Legal Assistance Services
Back | Up | Next

Click here for a printable version

Google


Web
www.tpub.com

Home

   
Information Categories
.... Administration
Advancement
Aerographer
Automotive
Aviation
Combat
Construction
Diving
Draftsman
Engineering
Electronics
Food and Cooking
Math
Medical
Music
Nuclear Fundamentals
Photography
Religion
USMC
   
Products
  Educational CD-ROM's
Printed Manuals
Downloadable Books

   


 

.   Basic   wills,   trusts,   and   estate   planning. However,  complex  estate  planning  and  drafting  is  not routinely provided in the legal assistance program. .  Domestic  relations.  Advice  concerning  the  legal and  practical  implications  of  divorce,  legal  separation, annulment,  custody,  and  paternity  is  provided. Assistance  in  domestic  violence  cases  must  be consistent  with  the   Family   Advocacy   Program, SECNAVINST  1752.3. .  Adoption  and  name  changes.  Advice  and document  preparation,  including  pleadings,  are provided. l   Nonsupport   and   indebtedness.   Advice   and assistance,  including  communication,  correspondence, and negotiations with another party or lawyer, on behalf of the client, are provided. . Taxes. Basic advice and assistance on federal, state,  and  local  taxes  are  provided.  However,  legal assistance  attorneys  cannot  sign  returns  as  paid preparers, nor do they normally prepare tax returns. .   Landlord-tenant   relations. Advice   and assistance, including review of personal leases and communication and correspondence on behalf of the client, are provided. l Advice and appropriate assistance is given in civil  suits  cases.  In-court  representation  is  prevented, except as provided in the expanded legal assistance program. Procedures and requirements of small claims courts and other courts of limited or special jurisdiction can be explained and the appropriate referrals made. l Soldiers’ and Sailors’ Civil Relief Act. Advice and assistance are provided as appropriate pertaining to the protection afforded and the effect of the act on the client. . Criminal matters. Limited general advice can be provided  regarding  minor  (misdemeanor)  criminal matters and traffic offenses within the jurisdiction of the civilian courts. Serious criminal matters are not within the scope of legal assistance and are referred to military defense counsel or private civilian attorneys. .  Other  services.  Advice  and  assistance  are  given on powers of attorney, real estate, bankruptcy, contracts, consumer   affairs,   insurance,   immigration, naturalization,  and  other  areas  if  not  inconsistent  with legal  assistance  regulations.  Advice  and  assistance regarding  military  matters  are  provided  subject  to certain limitations as described in the following text. LIMITATIONS ON SCOPE OF LEGAL ASSISTANCE SERVICES Persons requiring the advice or assistance of an attorney  on  a  personal  legal  matter,  as  contrasted  with a military justice problem, should be referred to a legal assistance office. Legal assistance is authorized for personal  legal  affairs  only.  Legal  advice  and  assistance are not provided regarding business ventures or matters that are not of a personal nature. Legal assistance duties are separate and apart from responsibilities of trial counsel, defense counsel, or others   involved   in   processing   courts-martial, nonjudicial  punishments,  administrative  boards  or proceedings,  and  investigations.  Unless  otherwise directed  by  the  Judge  Advocate  General,  legal assistance attorneys cannot assume defense counsel functions for their legal assistance clients. Members accused or suspected of offenses or conduct that may result in disciplinary or judicial proceedings under the Uniform   Code   of   Military   Justice   (UCMJ)   or administrative discharges are referred to a defense counsel. Any person refused assistance by a defense attorney  and  by  a  legal  assistance  attorney  may  seek review by the CO of the NLSO or the judge advocate designated by the Commandant of the Marine Corps as the legal assistance area coordinator at Marine Corps installations. If two or more eligible persons with conflicting interests seek legal assistance from the same office on the  same  matter,  the  party  first  establishing  an attorney-client  relationship  is  provided  representation. Other parties are advised that they are also eligible for assistance, but that it must be obtained from another source. Every effort is made to refer the party with a conflicting interest to another legal assistance office or to a private civilian attorney. If referral to another office or civilian counsel is not a reasonable option, guidance is obtained from the Judge Advocate General. Legal  assistance  attorneys  cannot  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  the  Judge Advocate  General. Examples  include  a  claim  for monetary  damages  against  the  United  States,  filing  for a restraining order against the United States, or assisting in pursuing CHAMPUS claims. Legal assistance is not provided over the phone except in unusual or compelling circumstances. This does  not  prohibit  appropriate  follow-up  telephone discussions between the legal assistance attorney and 8-20

Privacy Statement - Press Release - Copyright Information. - Contact Us - Support Integrated Publishing

Integrated Publishing, Inc. - A (SDVOSB) Service Disabled Veteran Owned Small Business