Military attorneys provide legal services to military personnel, including court martial cases and counseling on family law issues. They undergo the same training as civilian lawyers and can work for any branch of the Armed Services. They defend and prosecute military members in court, and also offer advice on divorce and military pensions.
A military attorney performs many of the same duties as his civilian counterpart. The difference is that the lawyer is working for and with the military. Each branch of the Armed Services in the United States has its own Judge Advocate General service, which means that a person can become an Army, Navy, Air Force or Navy attorney. Legal staff in the military participate in court martial cases, but also provide other types of services to military personnel, including counseling on family law issues.
People who work for the military as legal advisers go through the same training as civilian lawyers. They complete the requirements to become a lawyer before enlisting in the military branch they are interested in serving. The prospective military attorney completes an undergraduate degree, writes the Law School Admissions Test (LSAT), and studies law. He or she studies criminal law, contract law, family law, civil procedure, torts and other topics during law school.
As the military prosecutes its members for both summary and more serious crimes, a military attorney can work on martial cases in courtrooms. Legal officials are required to work for the prosecution and defend a person subject to the provisions of the Uniform Code of Military Justice. The most serious cases are heard by a panel of at least five high-ranking military personnel and a military judge, or the accused of my choosing to have the case heard only by a military judge.
A court martial procedure operates similarly to a civil civil trial. With the exception of an abbreviated court-martial, a person charged with a crime has the right to retain counsel and present evidence to the court-martial of the court. The military attorney will question defense witnesses and cross-examine those produced by the prosecution as part of the proceedings. The attorney would help prepare witnesses to give testimony at the court-martial, as well as advise his client on whether testifying or remaining silent is the best way to proceed.
Another role that a military attorney can play is to offer advice on family law matters. Special rules apply to members of the Armed Services who are getting divorced. These rules concern where documents can be filed to initiate divorce proceedings and when an active duty person can be served with divorce papers. Military pensions, which are subject to division as marital property, are another area where a military attorney can offer appropriate advice as part of their job-related duties.
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