what is a military attorney

by Ms. Allene Harris Sr. 7 min read

Some of the roles of the military lawyer include:

  • Advising military clients brought before the courts.
  • Handling the legal discipline of military personnel.
  • Drafting and preparing legal documents.
  • Creating and maintaining military handbooks.
  • Preparing a client for trial.
  • Advising commanders on international law, military law, and civilian law.
  • Acting as council for court-martial.

Full Answer

How do you become a military lawyer?

Jan 23, 2022 · A military lawyer provides legal services to military personnel. A military lawyer performs many of the same duties as his or her civilian counterpart. The difference is that the lawyer is working for and with military personnel.

Do you want to be a lawyer in the military?

If you are an active-duty military personnel, military reservists, or former military personnel with “veteran” status, a military law lawyer can help with your legal matters. Use FindLaw to hire a local military law attorney to help you with matters like court-martial proceedings under the Uniform Code of Military Justice and re-employment rights of reserve military personnel who …

What is the military power of attorney?

Jan 29, 2022 · A military power of attorney is a document that authorizes someone to act as an agent on behalf of a person serving as a member of the U.S. armed forces. A person that signs a military power of attorney is called a grantor.

Why should you become a JAG officer?

Military lawyers are always officers. No enlisted member serves in such a capacity as doing the work of a lawyer in uniform requires the same kind of education and training that serving as a civilian attorney does. A legal degree is required AND …

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What is a military attorney called?

Judge Advocate General's CorpsLeverage your law degree to serve the nation and advocate for justice as a military lawyer.Sep 10, 2021

What can lawyers do in the military?

Military lawyers handle a wide variety of legal issues including international law, operations law, environmental law, as well as military and civilian personnel issues. From trial preparation to post-trial actions, lawyers provide important legal counsel every step of the way.

Are military lawyers military?

Instead of hiring a public defender or private counsel, defendants hire military lawyer JAG officers as their public lawyer equivalent. They are members of the military who provide services as lawyers for service members.Feb 13, 2021

What rank are lawyers in the military?

Beginning JAG corps salaries vary because each branch has different initial ranks for its JAGs. Coast Guard lawyers start at the highest rank, O-3. Marine, Air Force and Navy military lawyers start at the rank of O-2, and Army lawyers start at the rank of O-1.

Is there a military law school?

The Department of Defense does not have a law school; instead new officer candidates are offered the opportunity (similar to military doctors) to attend the participating college of their choice as part of a tuition program to cover the expense of law school in exchange for a military service commitment.

How do I become a military lawyer?

What are the Steps to Become a Military LawyerStep 1: Be a valid applicant. ... Step 2: Earn an undergraduate degree. ... Step 3: Go to Officer Candidate School. ... Step 4: Pass the LSAT Exam. ... Step 5: Finish your legal education. ... Step 6: Pass the bar exam. ... Step 7: Apply for the state bar. ... Step 8: Attend a state swearing ceremony.More items...•Oct 30, 2021

Do all military branches have lawyers?

ABA Career Center More and more, new lawyers are becoming JAG officers (aka Judge Advocate Generals Corp), working in all legal matters involving the military, which mirrors almost every aspect of civilian law. JAGs are in each of the five US military branches: army, navy, marines, coast guard, or air force.

Do JAG lawyers go to basic training?

Military officers, including JAG lawyers, do not undertake the same bootcamp-style basic training as enlistees, but they must complete an officer basic course that teaches military protocols and includes physical fitness training. ... Each branch of service has its own locations for training.

Can I join the military and go to law school?

Yes, provided your schedule allows and provided the law school has a night program. If you are a commissioned officer, you can apply for the Funded Legal Education Program which provides full pay and allowances plus pays for books, fees and tuition. Also, the Air Force has an excess leave legal education program.

Do JAG officers carry guns?

They cannot carry guns on official business, neither are they provided gun training during their tenure. Its practitioners, referred to as Judge Advocates, are licensed attorneys qualified to represent the Army and Army Soldiers in military legal matters.Feb 17, 2021

Is it hard to become a JAG?

The initial JAG training can also be difficult for attorneys with families. Training begins with approximately six weeks of officer training focused on leadership skills and military tactics and then approximately ten weeks of JAG school (Marine JAG training is significantly more rigorous).

Will the Marines pay for law school?

WILL THE MARINE CORPS PAY FOR LAW SCHOOL? Although programs do exist whereby active duty Marine officers are ordered to attend law school, drawing full pay and allowances while tuition is paid by the Marine Corps, no similar program is available to officers who enter the Marine Corps via the OCC(LAW) or PLC(LAW).

What is a JAG?

The JAG Corps is the legal branch of the military, concerned with military justice and military law. The chief attorney in each branch is the Judge Advocate General, and those under him or her are considered to be Judge Advocates. These individuals both defend and prosecute military personnel, using the Uniform Code of Military Justice (UCMJ).

How to join the JAG Corps?

There are two ways to enter the JAG Corps as a Marine. The first is the PCL-Law program --the Marine Corps equivalent to the student entry program. Students complete the ten-week Officer Candidate School in Quantico, Virginia, either during the summer before law school, or the 1L or 2L summer. Candidates then receive the rank of Second Lieutenant and are placed on Inactive Duty pending completion of law school. Upon graduation, students must take the first scheduled bar exam in any state, and must report LSAT scores of 150+. After passing the bar, students enter the Basic School--a six-month intensive basic training for the Marine Corps, then join JAG Corps members from the Navy at the Naval Justice School in Newport, Rhode Island. Students are then assigned their first duty station. The second option for entering the Marine JAG Corps is through the OCC-Law program, which is open to licensed attorneys, who must have completed law school, passed a state bar, and earned a 150+ on the LSAT.

How long does it take to become a JAG?

The first is the Direct Commissioned Course (DCC) Phase--a six-week basic training for JAGs in Fort Benning, Georgia. The second is the Charlottesville Phase, which is a 10.5-week officer’s course at the Judge Advocate General’s Legal Center and School, at the University of Virginia. Those who complete the Judge Advocate Officer Basic Training Course then enter Active Duty for a required four years.

What is the JAG Corps?

Alison Monahan. Updated February 06, 2019. The Judge Advocate General’s Corps (JAG Corps), which encompasses the career path for military lawyers, has been popularized by the television show JAG, the film A Few Good Men, and a host of other pop cultural touchstones. If you're looking to serve your country as a lawyer, consider the JAG Corps.

Where is the ODS in the Navy?

Located in Newport, Rhode Island, ODS is specifically tailored to those entering ...

What is the UCMJ?

The UCMJ is a detailed body of law that has governed the U.S. armed forces since 1951. The UCMJ was modestly updated in 2008, to incorporate changes made by the President (via executive orders) and to include the National Defense Authorization Acts of 2006 and 2007. The UCMJ differs from traditional law, in that the military uses it to enforce itself, as if it were its own jurisdiction.

Where is the ODS?

Located in Newport, Rhode Island, ODS is specifically tailored to those entering the Navy as officers. Once completed, candidates enter Naval Justice School, to learn the UCMJ and the specific types of law they'll likely have to practice. T.

How long does it take for a military lawyer to go through the court process?

Military Lawyer vs Civilian Lawyer: What’s the Difference? In 2018 the Army had 545 pending court-martial cases. It takes an average of 136 days for each case to go through the entire process, from sentencing to convening authority. These cases go through a similar process to civilian court cases, but there are entirely different rules ...

What is the appeal process for military?

The appeals process for both civilians and the military allows for someone unsatisfied with the court’s ruling to have the case reevaluated. For civilian attorneys, there is no one set path for appealing a case. A case could go to the appellate circuit court or the federal level. Each military branch has a set process for appeals.

What are the rules that a civil lawyer must follow?

When a civilian lawyer represents a defendant in a criminal case, there are a set of rules they must follow throughout the legal process called criminal procedure. This includes everything that governs criminal law judicial action. 4th Amendment. 5th Amendment. Miranda rights. 6th Amendment. Sentencing.

Can you get a private attorney in civilian court?

When you go through civilian criminal court, you could get assigned a public defender or hire a private attorney on your own. Think of the military JAG attorneys as the public lawyers for the military. These are active military members who serve as attorneys and represent military members. There is a crossover option.

What is the difference between death penalty and military jury?

This is a major difference in how the court is run and will directly affect how the attorney approaches their defense strategy. A death penalty case is the only time a military jury would need to have a unanimous guilty decision.

How many members are on a jury?

Per the Constitution, a jury is made up of 12 jury members who are the defendant’s peers. Military juries can be anywhere from three to 12, which is much smaller. The exact number will depend on the court-martial case presented before the court.

What is the 6th amendment?

6th Amendment. Sentencing. Military courts have a completely different set of rules called the Uniform Code of Military Justice (UCMJ). All military cases will follow this code as it dictates military procedure. This code applies to the martial process for the Marines, Navy, Air Force, Army, and Coast Guard.

What movies have military lawyers?

There are plenty of military-themed movies and TV shows featuring military lawyers. Tom Cruise in A Few Good Men, the Humphrey Bogart classic, The Caine Mutiny, and on television who can forget JAG or even NCIS to a far lesser extent. Some watch these films and programs and wonder what it would be like to serve as ...

What do judges advocate?

Judge Advocates aren’t just tasked with knowing and understanding American law; they must learn and understand both the Uniform Code of Military Justice as well as (in many cases) Status Of Forces Agreement laws, as well as the laws of the host nation where they may be called upon to serve overseas.

Where is the JAG training?

Army troops entering the JAG Corps are directly commissioned and enter the Judge Advocate Officer Basic Training Course, including a six-week basic training for JAGs in Fort Benning, Georgia.

How long does it take to become an Air Force officer?

In all cases, a five-week Air Force Officer Training course is required.

Where is Naval Justice School?

A good example of such a school is found in the Navy. The Naval Justice School in Newport, Rhode Island “provides intensive instruction to officers in the fundamental principles of military justice, civil and administrative law, and procedure, with practical application of those principals,” according to the Navy JAG official site.

Do military members need a will?

Military members don’t require legal services stateside only–anyone serving overseas may require a will, a power of attorney, or even legal representation should the servicemember become involved in a disciplinary action that could lead to a court martial.

Do all branches of military offer the same incentives?

Not all branches of service offer the same incentives; it’s a very good idea to comparison shop each branch of military service to see what options you may have as a law school graduate, a current student, or as an already-practicing attorney.

What are the services of a lawyer?

Legal assistance attorneys can provide you legal advice and assistance in a number of legal areas, including: 1 Drafting wills 2 Drafting powers of attorney 3 Drafting advanced medical directives (living wills) 4 Reviewing contracts and leases 5 Notary services 6 Estate planning advice 7 Advice on family law matters, including custody 8 Tax assistance 9 Advice on credit and lending issues 10 Information on immigration and naturalization 11 Advice on the Service Members Civil Relief Act (SCRA) 12 Advice on the Uniform Employment and Reemployment Rights Act 13 Advice on landlord-tenant disputes 14 Advice on minor traffic tickets 15 Help in preparing for small-claims court

What is legal assistance?

Legal assistance attorneys can provide you legal advice and assistance in a number of legal areas, including: Drafting wills. Drafting powers of attorney. Drafting advanced medical directives (living wills) Reviewing contracts and leases. Notary services. Estate planning advice.

What is the ABA military?

The ABA provides a resource to military legal assistance lawyers, the ABA Military Pro Bono Project, which helps military lawyers easily connect their clients to pro bono attorneys who provide representation for no fee. I am a military spouse.

How long is the National Guard on active duty?

Reservists who have been activated, are preparing to deploy or have recently returned from deployment, and members of the National Guard on active duty for thirty days or more, as well as their family members with DoD ID cards, are eligible for legal assistance.

Can a Marine get legal assistance?

For example, a Marine can obtain legal assistance from an Army JAG, just as a soldier can receive legal assistance from a Marine JAG.

Do you get legal assistance for active duty?

Yes. You are eligible for the same services provided to active personnel—subject to the availability of legal assistance attorneys. Active duty personnel, particularly those in the junior enlisted ranks and those preparing for deployment, have first priority.

Can a military attorney help you?

Yes. There are also legal areas in which a military legal assistance attorney may NOT be able to help you, including: claims against the government; military Administrative issues such as fitness report rebuttals or Article 138 Complaints (This varies somewhat by branch.); legal matters concerning your privately owned business.

What is a power of attorney?

A power of attorney is a written document that gives one person the authority to act on another’s behalf for any legal or economic issues for a specified time. You can tailor your powers of attorney for any situation, choosing between a general power of attorney or a special power of attorney, and whether the power of attorney is durable or not.

Why give a special power of attorney?

Because the authority granted is broad, give this type of power of attorney only if a special power of attorney won’t suffice and if the person you choose is trustworthy and financially responsible. Special or limited power of attorney — A special or limited power of attorney gives specific powers to the designated person for a specified time.

How to revoke a power of attorney before expiration?

To revoke a power of attorney before its expiration, you can consult a legal assistance attorney to execute a revocation. The information contained on this website is designed to educate and inform service members and their families on their personal legal affairs. Nothing contained in the website is a substitute for the competent legal advice ...

Can you revoke a power of attorney?

You can revoke a power of attorney at any time as long as you’re mentally competent. When drafting the original document, you may consider limiting its length so it automatically revokes upon your return from deployment. To revoke a power of attorney before its expiration, you can consult a legal assistance attorney to execute a revocation.

What is the military onesource number?

For immediate assistance or to access confidential help, call the Military OneSource toll free number at 800-342-9647. You can also contact us if you have any questions. Submit.

Do I have to notify the government before deployment?

Receive government housing — If your family is on the waiting list for government housing when you deploy, you should notify the installation housing office before your deployment. If you give your spouse power of attorney — and give a copy to the installation housing office — before your deployment, your spouse and children may be able ...

Do I have to file taxes if I deploy?

Pay taxes and receive tax refunds — Even if you deploy, you have to file a federal and state income tax return, unless you get an extension. The Internal Revenue Service generally requires your and your spouse’s signatures to file income tax returns and to access refunds. For your spouse to be able to file a joint income tax return ...

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Role and Skills of A Military Lawyer

  • The role of a military attorney is as broad as that of a civilian attorney. They will participate in matters of both civil and criminal nature. One of the primary differences of a military court is the military tribunal that deals with enemies during wartime. Some of the roles of the military lawye…
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Examples of Cases For Military Lawyers

  • The military court, while similar to civilian court, also differs. Therefore, the cases that a military lawyer participates in may be different. A few examples are: 1. Offenses- Military rules provide a variety of offenses that military personnel may be charged with. While many of the criminal offenses are similar to civilian courts such as murder and theft, the military oversees special off…
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Military Lawyer Salary & Job Outlook

  • The job outlook of a military lawyer will vary. Each branch of the military may have different needs. For instance, the Marines are a small branch of the service and serve as part of the Navy. The Marines may not need as many legal personnel than the Army. Speaking with a recruiting officer may offer insight into the possibilities of a career as a lawyer in the military. The salary of a milit…
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What Is The Jag Corps?

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The JAG Corps is the legal branch of the military, concerned with military justice and military law. The chief attorney in each branch is the Judge Advocate General, and those under him or her are considered to be Judge Advocates. These individuals both defend and prosecute military personnel, using the Uniform Cod…
See more on thebalancecareers.com

The UCMJ

  • The UCMJ is a detailed body of law that has governed the U.S. armed forces since 1951. The UCMJ was modestly updated in 2008, to incorporate changes made by the President (via executive orders) and to include the National Defense Authorization Acts of 2006 and 2007. The UCMJ differs from traditional law, in that the military uses it to enforce itself, as if it were its ow…
See more on thebalancecareers.com

How Does One Join The Jag Corps?

  • There are two main paths lawyers may take to join the JAG Corps. The first is for law students to apply to the JAG Corps upon completion of law school. Applicants must have passed the bar exam, and must be prepared to enter Officer Training. The second path is for licensed and experienced attorneys to join the armed forces. Such candidates must likewise enter Officer Trai…
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Army

  • Entry into the Army JAG Corps (founded by George Washington in 1775) occurs through Direct Commission. Commissioned individuals enter the Judge Advocate Officer Basic Training Course, which is split into two phases. The first is the Direct Commissioned Course (DCC) Phase--a six-week basic training for JAGs in Fort Benning, Georgia. The second is the Charlottesville Phase, …
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Navy

  • To become an officer in the JAG Corpsin the Navy, this branch of the military must offer hopefuls a commission, after which time they enter Officer Development School (ODS), where they receive the rank of Ensign, and their active duty pay and benefits begin. Located in Newport, Rhode Island, ODS is specifically tailored to those entering the Navy as officers. Once completed, candidates e…
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Air Force

  • The Air Force has four different entry programs into the JAG Corp. The first is the student option, where candidates apply as either a 1L or 2L, and commit to completing Active Duty as a member of the JAG Corps after graduating law school and passing the bar. The second program entails licensed attorneys directly entering the JAG Corps. The third option is for Active Duty military m…
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Marine Corps

  • There are two ways to enter the JAG Corps as a Marine. The first is the PCL-Law program--the Marine Corps equivalent to the student entry program. Students complete the ten-week Officer Candidate School in Quantico, Virginia, either during the summer before law school, or the 1L or 2L summer. Candidates then receive the rank of Second Lieutenant and are placed on Inactive D…
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Coast Guard

  • Unlike the other military branches, there is only one way to enter the Coast Guard JAG Corps—as a Direct Commission Lawyer (DCL). Final year law students and licensed attorneys may enter the Coast Guard this way. After commissioning, they must attend the 4-5 week long Direct Commission Officer course in New London, Connecticut, before attending a ten-week Basic Law…
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