Whether you are an Officer undergoing a Board of Inquiry or enlisted undergoing an Administrative Separation Board, one of the most significant decisions you will make is whether you will provide information yourself to the board, and if so, how you will do so. This article explores the options available to you. At the board, … Read more
Article 92 of the Uniform Code of Justice criminalizes several kinds of violations of orders and standards
A common situation that causes military personnel to reach out to our office is the distressing experience of being told by their leadership that they are facing involuntary administrative separation… and then in the next breath hearing that same leader immediately say, “you need to start the clearing process.” This can cause stress and confusion … Read more
In the military, the most common idea that we think of when we hear about a violation of an order is a standard verbal order that a military superior gives to a subordinate
This idea of lawyers being used as shields is not a new one. Plenty of movies and TV shows have moments where someone says the phrase “talk to my lawyer!” Often this phrase is touted against an adversary, enemy, or just someone who is in a position of authority or power. It’s also used in … Read more
When the government changes the rules, we take note. It seems like at least since 2007, they have been changing the rules to try to make prosecutions easier. The latest changes, on the other hand, if you know how to leverage them, may do the exact opposite. In the military criminal justice system, Military Rule … Read more
One of the many questions that we see online and even in dialogue with clients is whether or not there is a difference between a show cause board and a board of inquiry or an administrative separation board. The short answer is no, not really. Administrative separation boards is the general category for anytime the … Read more
Unfortunately, one of the more common questions that we receive in our consults with potential clients and even answering questions for people who become our clients is how long can CID keep a case open. The unfortunate answer to that is as long as it takes. In some extreme examples, we’ve seen investigations last several … Read more
Another common question that we receive from consults with potential clients or even from online inquiries is how does an administrative separation board work? The first thing that people need to understand is that as long as they have been serving for longer than six years total, either in their enlisted position or more than … Read more
In what is now a three part blogpost, I have covered several kinds of sh*t that I end up having to clean up after when incompetent, lazy, or counsel who did not have or take enough time on a matter. The last classification that I will discuss my disdain for cleaning up after is wasteful … Read more
It is no secret that taking over a client’s case after less than zealous counsel was in the driver’s seat early on in the case frustrates me. I imagine it irritates other hard working attorneys. In a previous post I covered the frustration that comes from cookie cutter legal advice. Trashed opportunity is the second … Read more
I am a mom. Of four amazing kiddos. Thus, I have been wiping other people’s butts since 2007. Thankfully, that ended a few years back (when my youngest became potty independent). At least in the literal sense. When I inherit a case from another attorney, whether it was the uniformed legal assistance attorney, a newly … Read more
Can there be a thrill for the advocate after a “win?” Sure. But this post addresses after the thrill of that initial “win” is gone for the military client. After a client wins in a hearing or court-martial, receive a local file for his reprimand, or even his investigationconcludes that he didn’t do anything wrong, … Read more
I am (often) critical of legal advice the government provides to its commander client. I was recently reminded that in the grey where command sometimes operates, the military client seldom does himself or herself any favors by filing complaints. Even when the command is not following process. At least not before speaking with a seasoned … Read more
Years ago, when the rating scheme for judge advocates changed from being rated within the Office of the Staff Judge Advocate (the other senior lawyers) to being rated by the commanders (who are the customers that are receiving the legal advice), I did not realize the danger. I did not know enough to be concerned. … Read more
There are times when we, as (ethical) military justice practitioners, are compelled to tell would-be clients or even current clients when we should take no further steps on their behalf. All cases are unique, and it is not often, but it does occur. The most common example arises when callers inquire about “expunging” their military … Read more