ABA Section of Litigation 2012 Section Annual Conference April 18-20, 2012: Effectively Representing Military Personnel and the Recently Discharged in Civilian Litigation The Armed Forces Legal Assistance Program - Overview
The Armed Forces Legal Assistance Program Overview Understanding the Armed Forces Legal Assistance program. The legal assistance office Legal assistance services Issues not covered by legal assistance Helping your lawyer help you Other resources Whether you need to create a will, obtain notary services, or have a rental agreement reviewed, you and your family have access to free legal services and attorney advice through your legal assistance office. The office serves as a central source for legal information on issues such as wills and estate planning; family and domestic matters (such as separation, divorce, child support, and child custody matters); citizenship, immigration, taxes, consumer and economic matters; military rights and benefits; landlord-tenant issues; powers of attorney; and citizenship and immigration. Each service branch has specific regulations regarding the extent of legal assistance provided. The following information will help you better understand the services offered by your legal assistance office and how you can obtain them. The legal assistance office Mission The Armed Forces Legal Assistance program has a defined mission that includes: enhancing readiness of service personnel protecting and enhancing service member morale promoting quality legal services for personal civil legal matters educating service members about their legal rights and responsibilities making legal services available to family members Service providers Legal assistance offices are staffed by both licensed military lawyers (called "judge advocates") and licensed civilian lawyers. Only the lawyers in a legal assistance office may provide legal advice -- or interpretation of how the law might apply to your particular situation. Paralegals and administrative clerks, who also work in legal assistance offices, may provide services and information in support of your case. Who is eligible for services? Legal assistance is provided to: all active-duty service members, Reservists, and members of the National Guard on active duty for 30 days or more, as well as their family members with DOD ID cards retired service members and their immediate family members with DOD ID cards
Others who may be eligible for legal services include: survivors of eligible members and retirees certain overseas civilian employees and their family members allied forces service members serving with U.S. Armed Forces in CONUS and their family members Where are the offices located? Legal assistance offices are located on almost every base, ship, and installation. To find one near you, use the Armed Forces Legal Assistance locator at legalassistance.law.af.mil/content/locator.php. What are the fees? Usually, there aren't any. Most services provided in an Armed Forces Legal Assistance office (such as reviewing or preparing legal documents or simply consulting with an attorney) are free to eligible personnel. The client pays any court or agency fees. If the legal assistance office cannot handle the case, the client may be referred to an outside attorney, at the client's expense. Many legal assistance offices are able to help clients find outside attorneys, and arrange for favorable rates. Legal assistance services Providers at your legal assistance office can help you with many legal issues, including: Drafting powers of attorney. A power of attorney is a legal way to allow one person to act on behalf of another. For example, if you need to give someone permission to release your household goods shipment because you're leaving before your furniture ships, your legal assistance attorney can help you appoint someone to do this. You may have a "general" power of attorney drafted, which authorizes a person to act on your behalf in most of your affairs, or you may choose a "special" power of attorney, which authorizes a person to act on your behalf only during specific situations -- such as obtaining emergency medical care for your children or registering your car. Drafting wills. A will is a legally binding document that describes how you want your property distributed after your death. It may also include other matters such as the appointment of your child's guardian. The legal assistance attorney generally can draft a will that fits your particular desires and needs. If the legal assistance attorney determines that he or she can't provide adequate advice or assistance regarding your estate, then the attorney will help you find a civilian attorney. A legal assistance attorney may also be able to help you draft a "living will," which relates to the use of extraordinary life-sustaining measures if you become seriously ill or injured. Estate planning advice. Estate planning is an ongoing, continuous process and can include more than just preparing a will. Legal assistance providers can help you design a plan that not only provides for transfer of your property on death, but also considers authorized benefits, the adequacy and flexibility of your life insurance, the need for retirement income, and the contingencies of mental or physical disability. Effective estate planning may also include preparing a power of attorney or designating organ donation. Highly complex plans may also address trusts and other property-transfer instruments. Advice on family law matters. If you're seeking advice on adoption, child support, marriage, divorce or separation, child custody, alimony, property division, name change, paternity, or legal benefits under the Uniformed Services' Former Spouses' Protection Act (USFSPA), your legal assistance office can help.
Reviewing contracts and leases. While some states have laws that accommodate the unique nature of military life, others don't. For example, Maryland and Virginia have broad, but not identical, protections for service members receiving orders; the District of Columbia, on the other hand, has none. If you plan to enter into a lease or other contract, be sure to make an appointment with your legal assistance office for a consultation and review of the document. Notary services. Your legal assistance office can help you with many notarial issues, including administration of oaths; witnessing authenticity of signatures, taking of acknowledgments, sworn statements, and affidavits; and certification of true copies. Certain consumer advice. In addition to causing credit problems, unmanaged debt may have career implications for military members. If you're having credit problems, legal assistance attorneys may be able to help. Federal and state laws provide many protections for consumers regarding purchases, credit reporting, and creditor collections. Make an appointment with an attorney if you feel you need help with any kind of consumer issue. Be sure to bring all relevant documents -- including letters, contracts, and your credit report -- with you to your appointment. Your legal assistance attorney can also help if you believe you have been a victim of a scam, or otherwise have a dispute over a consumer issue or service. Tax assistance. Military personnel and spouses may have to pay income, real estate, and personal property taxes. Many legal assistance offices operate tax centers or provide income tax return preparation assistance during tax season. Information on immigration and naturalization. The United States' Immigration and Naturalization laws are important to some service members because if they've served honorably in the U.S. Armed Forces -- but aren't U.S. citizens -- they can acquire U.S. citizenship (if desired) without satisfying the usual residence, physical presence, and waiting-period requirements. Legal assistance personnel can provide assistance and make referrals on issues including immigration, citizenship, and naturalization matters such as alien registration, re-entry permits, passports, naturalization of a surviving spouse, and citizenship of children born abroad to U.S. military parents. Issues not covered by legal assistance The Armed Forces Legal Assistance offices don't handle all possible legal matters. (Certain matters must be dealt with by other military legal divisions.) Issues that legal assistance doesn't address include: claims against the government criminal matters DUIs Military Administrative issues such as fitness report rebuttals or Article 138 Complaints (This varies somewhat by Service.) legal matters concerning your privately owned business (Most legal assistance offices will assist you with preparing a lease of your privately-owned home when you deploy or are reassigned, but not with other matters relating to any business you may own or operate.) Helping your lawyer help you Your lawyer can help you best with your legal situation if you help him or her by: Being well-prepared when you arrive at your legal assistance office. Bring all papers and documents that pertain to your situation with you when you visit the office to talk with an attorney.
Talking freely. You should know that your discussions with your attorney are confidential. Speak freely to your attorney about your situation and relate all the facts you know to him or her -- whether good or bad. Give your attorney specific details -- no matter how important or unimportant you believe them to be. (See the section below on privileged communications.) Not expecting telephone or e-mail resolutions. Attorneys will not discuss cases or give advice over the telephone or via e-mail. This is for the client's privacy and protection. Seeking advice for any possible future legal problems. It's a good idea to remember that prevention of a legal problem is simpler and less costly than attempting to solve the problem after it already exists. A note about privileged communications The quality of the advice you receive from your legal assistance attorney is directly affected by the amount of information you provide to him or her. The attorney must know all the facts. With few exceptions, whatever you tell a lawyer in confidence may not be repeated by the lawyer to anyone else without your consent. Both military and civilian law protects this privilege. Other resources Armed Forces Legal Assistance (AFLA) legalassistance.law.af.mil This Web site provides general legal information to the military community to enhance readiness. The information provided through the site is for educational and general information purposes only. It is not legal advice. Your military support services Each service branch sponsors information and support programs for service members and their families. You can call or visit any installation Army Community Service Center, Marine Corps Community Services, Fleet and Family Support Center, or Airman and Family Readiness Center regardless of your branch affiliation. If you aren't near an installation, National Guard Family Assistance Centers are available in every state. The Local Community Resource Finder on the National Guard Family Program site at www.jointservicessupport.org will identify your closest center. Military OneSource This free 24-hour service is available to all active duty, Guard, and Reserve members (regardless of activation status) and their families. Consultants provide information and make referrals on a wide range of issues, including issues related to parenting, deployment, and reintegration. Free face-to-face counseling sessions (and their equivalent by phone or online) are also available. Call 1-800-342-9647 or go to www.militaryonesource.mil to learn more.