Over the past several years MJA has provided hundreds of free consultations to servicemembers who are under investigation or pending court-martial, and a common question that is discussed is whether hiring a civilian defense attorney is the prudent thing to do.  Read More Here.

It is quite common to encounter an inexperienced uniformed judge advocate, sometimes right out of law school. With little to no exposure as practicing attorneys in military law, these newly minted judge advocates are routinely detailed to servicemembers suspected of misconduct by the government, even though they have never argued in front of a military judge or represented an individual at a contested court-martial. Experience does matter.

Other criteria to consider when deciding whether pursue civilian representation include:

1. the fact that commands have no influence over civilian defense attorneys;
2. the increased likelihood of civilian defense attorneys to negotiate client-friendly plea agreements; and
3. the propensity of uniformed judge advocates to stay on the case when civilian defense attorneys are hired by a servicemember—two attorneys are always better than one.

Additionally, uniformed judge advocates commonly carry heavy caseloads—sometimes as many as thirty separate cases. Civilian defense attorneys do not normally manage such a high volume of cases; thus it is far more likely that a civilian defense attorney will devote to you the amount of time and attention your case deserves.

A dedicated and seasoned legal advocate can guide you through your military justice proceedings, whether they include trial or a review board.