Military Law Practice
I am entitled to a military attorney free of charge. Do I need to hire civilian counsel?
Good question. There are some very good, dedicated and experienced military defense counsels. Others have less experience and may be new to the profession as well as to the military. A civilian attorney typically has more trial and practical experience than his military counterpart.
In many cases, your military attorney will not be assigned to your case until after you have been charged with a crime. A diligent civilian attorney can investigate your case earlier, talk to witnesses in advance of the negotiations or pretrial hearing, and give you an early “voice”—often for the first time in the military justice process. Military attorneys typically have large caseloads and career considerations they must balance along with their clients’ needs. And, because they are a part of the rank structure and must answer to their superiors, military attorneys are sometimes less able to develop and pursue unconventional strategies, and are inhibited in adopting an aggressive approach in an appropriate circumstances.
Also, a civilian attorney will not “PCS” in the middle of your case, leaving you to start from scratch with a new lawyer.
Typically, the civilian attorney works with the military attorney, with the civilian as the lead lawyer, especially if the civilian is well-versed in military law. A civilian attorney often includes the military lawyer as part of the overall negotiation strategy, and will often assign research tasks or motion drafting to the military attorney in order to minimize fees for the client.
Many experienced civilian attorneys will consult initially with servicemembers at no charge. You should consider contacting one or several of these professionals to determine if hiring a civilian attorney to lead your defense team will assist you in achieving a favorable outcome in your military justice matter.