This is a great question, and each person’s case is different. Frankly, you may not need a civilian attorney. On the other hand, having a civilian attorney may be preferable or even an absolute necessity if you want a decent chance to secure your freedom or a good result.
The question is simple: Should you spend hundreds or thousands of dollars for a civilian attorney?
I evaluate each case on its own merits, and it may be that I recommend that you not spend money on a civilian defense attorney. This situation is not unusual, and I will be completely upfront and candid with you if that is my opinion. On the other hand, I may have a plan or course of action that is preferable compared to that of your detailed military counsel (the one provided by the government).
When I was still in the Army and working as a defense counsel, I generally encouraged my clients to obtain civilian counsel. Why? Because that is exactly what I would have done if I was facing a court-martial, separation, or other adverse action. It was not that I doubted my abilities. On the contrary, I felt that I could fully represent each client and secure a positive result. The fact remained that I would want to have a team of attorneys working for me, my family, and my future–not just one who was appointed to represent me.
Here are a few factors that explain why considering civlilian counsel is imperative:
Workload
I take the cases I want to take, and I purposely keep my number of pending cases low enough to enable me to have personal interaction with each client and time to fully prepare their cases. When I worked in the Army Trial Defense Service, I took every case that came through my doors because that was my job. This meant that I divided my time between 10-20 pending cases and actions. Plus, twice a week I spent the entire day briefing groups of Soldiers on various adverse actions. Now, I only take a new case if I know that I can give it 100% of my effort and ability.
2 for the price of 1
You could accept one free attorney, or your could have two for the price of one. If you choose to hire a civilian defense attorney, you still maintain your detailed military counsel at no charge. This means that you have the power to assemble a team of attorneys to help you through a very difficult time in your life. Servicemembers deserve a team to represent them, not just one person.
You choose a civilian lawyer, but your assigned counsel is chosen for you.
Your detailed defense attorney is appointed to your case based on who is available at that time. No consideration is given to personality, experience, time, or your preferences. You get who you get, and that generally remains unchanged. In selecting a civilian defense attorney, you have the power of choice, and you can pick someone with the right personality, experience, time, and anything else that is important to you.
Experience
At the time I left active duty as a Major and Senior Defense Counsel, I was told that I would never be in the courtroom again due to the amount of time I already spent as a prosecutor and defense counsel (in short, I’d already “checked the box” in the courtroom). Knowing this, most military defense counsel have fewer than 5 years of service as an attorney and sometimes less as a member of the Armed Forces. The more I represented clients in the courtroom, the more confident and competent I became, and those are attributes that can only be obtained through time and practice. You deserve representation by someone who is backed by years of experience.
I am not part of the Armed Forces bureaucracy.
My priority is trying to secure a positive result for my client. Period. I am not deterred by rank, a chain of command, or a supervisory chain of responsibility.
No Boundaries Advocacy
Within the ethical rules that apply to all attorneys in the United States, I do what is necessary to fully represent the interests of my client. Military assigned counsel are often subject to restraints on representation by their chain of command. I have no chain of command. I work for my clients’ interests. That’s it.
If you feel that hiring civilian counsel is the right thing for you, your family, and your case, feel free to Contact Us.