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Featured 11/22/2023

Can a Civilian Lawyer Represent Service Members?

Sometimes a Civilian Lawyer is the Only Way to Go

Many military members are unaware of the fact that not only can civilian lawyers represent service members, but in some cases, it is absolutely necessary. Military legal assistance is somewhat limited in civilian courts, and there may be times when a civilian lawyer is the best choice for criminal cases.

Stanford Law has years of experience in military and civilian courts, and we are here to represent you in your case. Contact us today for more information, or keep reading to learn when it is best to hire a civilian attorney.

What Civilian Matters Can Military Legal Assistance Handle?

Military legal assistance is somewhat limited in civilian matters, which you have probably learned if you are dealing with a family legal matter or personal injury case. According to the Fort Knox Legal Assistance Office, military legal assistance attorneys typically cannot represent you in a civilian court, or file in a civilian court.

As a general rule, the only civilian matters military legal assistance can handle are:

  • Preparing and executing wills
  • Powers of attorney
  • Advance medical directives
  • Landlord/tenant law
  • Real property transactions
  • Consumer credit transactions

Military attorneys can advise you on family law matters such as divorce and custody, but they cannot file on your behalf or represent you in court. 

Military legal assistance cannot help you with:

  • Personal injury cases larger than small claims
  • Family law matters that go to court
  • Claims against the government
  • Legal matters for a privately owned business

Because military legal assistance is so limited in the cases they can handle, it is typically best to have a relationship with a civilian attorney for your legal needs.

When Should I Use Military Legal Assistance?

It is best to work with an attorney familiar with military law and regulations any time you need representation in a military matter. According to Fort Knox Legal Assistance, military attorneys have the most expertise in handling rebuttals, statements, and appeals for military administrative actions.

You may want to hire a military attorney if you are dealing with:

  • Report of survey
  • Reprimand
  • Bar to reenlistment
  • Reduction boards
  • Line-of-duty investigation
  • Proposed reassignments from recruiting duty
  • OER or NCOER appeals

However, this does not mean that you have to use military legal assistance. I have years of experience as an Army Judge Advocate, giving my civilian legal practice the expertise to handle these matters. 

When Should I Hire a Civilian Attorney?

You should hire a civilian attorney any time you will be appearing in civilian court. You should also hire a civilian attorney for criminal defense matters such as DUI charges, domestic violence cases, traffic violations, drug charges, and probation violations

However, you may also want to hire a civilian attorney when you need representation in military court. You have the right to an attorney of your choice. As long as that attorney is intimately familiar with military procedures, they will be found acceptable by the court. 

You Deserve Unbiased Representation in Any Court

It bears to be said again - you have the right to an attorney of your choice. You can choose a civilian attorney, but it is necessary to choose an attorney with military experience. It is also important to keep in mind that military attorneys are still paid by the government. 
If you want unbiased representation in your case, or you are dealing with a legal matter, not for military legal assistance, contact us today for a free consultation. We offer flexible payment plans to work with all service members and their families.

Sometimes a Civilian Lawyer is the Only Way to Go

Many military members are unaware of the fact that not only can civilian lawyers represent service members, but in some cases, it is absolutely necessary. Military legal assistance is somewhat limited in civilian courts, and there may be times when a civilian lawyer is the best choice for criminal cases.

Stanford Law has years of experience in military and civilian courts, and we are here to represent you in your case. Contact us today for more information, or keep reading to learn when it is best to hire a civilian attorney.

What Civilian Matters Can Military Legal Assistance Handle?

Military legal assistance is somewhat limited in civilian matters, which you have probably learned if you are dealing with a family legal matter or personal injury case. According to the Fort Knox Legal Assistance Office, military legal assistance attorneys typically cannot represent you in a civilian court, or file in a civilian court.

As a general rule, the only civilian matters military legal assistance can handle are:

  • Preparing and executing wills
  • Powers of attorney
  • Advance medical directives
  • Landlord/tenant law
  • Real property transactions
  • Consumer credit transactions

Military attorneys can advise you on family law matters such as divorce and custody, but they cannot file on your behalf or represent you in court. 

Military legal assistance cannot help you with:

  • Personal injury cases larger than small claims
  • Family law matters that go to court
  • Claims against the government
  • Legal matters for a privately owned business

Because military legal assistance is so limited in the cases they can handle, it is typically best to have a relationship with a civilian attorney for your legal needs.

When Should I Use Military Legal Assistance?

It is best to work with an attorney familiar with military law and regulations any time you need representation in a military matter. According to Fort Knox Legal Assistance, military attorneys have the most expertise in handling rebuttals, statements, and appeals for military administrative actions.

You may want to hire a military attorney if you are dealing with:

  • Report of survey
  • Reprimand
  • Bar to reenlistment
  • Reduction boards
  • Line-of-duty investigation
  • Proposed reassignments from recruiting duty
  • OER or NCOER appeals

However, this does not mean that you have to use military legal assistance. I have years of experience as an Army Judge Advocate, giving my civilian legal practice the expertise to handle these matters. 

When Should I Hire a Civilian Attorney?

You should hire a civilian attorney any time you will be appearing in civilian court. You should also hire a civilian attorney for criminal defense matters such as DUI charges, domestic violence cases, traffic violations, drug charges, and probation violations

However, you may also want to hire a civilian attorney when you need representation in military court. You have the right to an attorney of your choice. As long as that attorney is intimately familiar with military procedures, they will be found acceptable by the court. 

You Deserve Unbiased Representation in Any Court

It bears to be said again - you have the right to an attorney of your choice. You can choose a civilian attorney, but it is necessary to choose an attorney with military experience. It is also important to keep in mind that military attorneys are still paid by the government. 
If you want unbiased representation in your case, or you are dealing with a legal matter, not for military legal assistance, contact us today for a free consultation. We offer flexible payment plans to work with all service members and their families.

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