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Keeping the Client Informed To the client his or her case may represent one of the most important things in his or her life. The case may also be a source of anxiety. Naturally he or she expects and is entitled to receive a continuing report on the progress of the case. This maybe done with little or no extra effort on either your part or the legal assistance attorney's part by sending copies of correspondence to the client, or by an occasional telephone call to report the status of the case. A periodic letter, even though there is little to report, will be appreciated. This shows that the legal assistance attorney has not allowed the matter to be buried or forgotten. This could be done by the legal assistance office staff on a monthly diary basis to save the lawyer's time. Each month a brief status report from individual case records could be prepared, reviewed by the legal assistance attorney, and sent to the client concerned to bring him or her up to date on the status of the case. Legal Assistance References To help the legal assistance client, you should be familiar with the various reference materials available in the office where you work. Some of these reference materials are common for all legal assistance offices and included in these are the Legal Assistance Handbook, DA PAM 27-121; the Voting Assistance Guide, NAVEDTRA 46007; the All States' Income Tax Guide published by OJAG, U.S. Air Force; the Legal Assistance Newsletters published by OJAG, U.S. Navy; the Military Personnel Manual (MILPERSMAN); and the Manual of the Judge Advocate General (JAGMAN). Additional reference materials will vary from office to office depending on the geographical location of the office and the types of services provided by that office. The scope of the practice of law and the legal assistance attorney's duties and responsibilities are governed by JAGINST 5801.2. Advice and service regarding the following matters are normally available to eligible persons at legal assistance offices, but may be limited due to availability of resources: . Basic wills, trusts, and estate planning- Complex estate planning and drafting is not routinely provided in the legal assistance program. . Domestic relations-Advice about the legal and practical implications of divorce, legal separation, annulment, custody, and paternity is provided. Assistance in domestic violence cases will be consistent with the Department of the Navy Family Advocacy Program, SECNAVINST 1752.3. . Adoption and name changes-Advice and document preparation, including pleadings, are provided as appropriate. l Nonsupport and indebtedness-Advice and assistance, including communication, correspondence, and negotiations with another party or lawyer, on behalf of the client, are provided as appropriate. c Taxes-Basic advice and assistance on federal, state, and local taxes are provided as appropriate, Legal assistance attorneys do not sign returns as paid preparers, nor do they normally prepare tax returns. Landlord-tenant relations-Advice and assistance including review of personal leases and communication and correspondence in behalf of the client are provided as appropriate. . Civil suits-Advice and appropriate assistance are given. In-court representation is prevented, except as provided in the expanded legal assistance program. Procedures and requirements of small claims courts and other courts of limited or special jurisdiction are explained and appropriate referral made. Soldiers' and Sailors' Civil Relief Act-Advice and assistance are provided as appropriate about the protection afforded and the effect of the act on the client. . Criminal matters-Limited general advice may be provided regarding minor (misdemeanor) criminal matters and traffic offenses within the jurisdiction of the civilian courts. Serious criminal matters are not within the scope of legal assistance and are referred to military defense counsel or private civilian attorneys, as appropriate. l Other services-Advice and assistance are given on powers of attorney, real estate, bankruptcy, contracts, consumer affairs, insurance, immigration, naturalization, and other areas if not inconsistent with legal assistance regulations. Advice and assistance regarding military matters may be provided subject to the limitation stated in the JAGMAN. LIMITATIONS ON SCOPE OF LEGAL ASSISTANCE SERVICES Persons requiring the advice or assistance of an attorney on a personal legal matter, as contrasted with a military justice problem, should be referred to a legal assistance attorney. Legal assistance is authorized for personal legal affairs only. Legal advice and assistance are not provided regarding business ventures or regarding matters that are not of a personal nature. Advice or Assistance in Official Military Matters Legal assistance duties are separate and apart from responsibilities of trial counsel, defense counsel, or others involved in processing courts-martial, nonjudicial punishment, administrative boards or proceedings, and investigations. Representation of Opposing Parties or Interests If two or more eligible persons with conflicting interests seek legal assistance from the same office on the same matters, the party first establishing an attorney-client relationship is provided representation. Other parties are advised that they are eligible for assistance, but that it must be obtained from another source. Every effort will be made to refer the party with a conflicting interest to another legal assistance attorney or to a private civilian attorney. If referral to another office or civilian counsel is not a reasonable option, guidance should be obtained from JAG. Proceedings Involving the United States Legal assistance attorneys may not advise on, assist in, or become involved with individual interests opposed to or in conflict with the interests of the United States without the specific approval of JAG. Examples include a claim for monetary damages against the United States, filing for a restraining order against the United States, assisting in pursuing CHAMPUS claims, or filing Article 138, Uniform Code of Military Justice (UCMJ), petitions. Telephone Inquiries In the absence of unusual or compelling circumstances, legal advice is not provided over the telephone. This does not prohibit appropriate follow-up telephone discussions between the legal assistance attorney and the client. Advice to Third Parties The attorney-client relationship requires personal communication. Except when the client is unable to communicate adequately, advice or assistance will not be provided through third parties. This includes drafting a will for one spouse based upon discussion with the other spouse. REFERRALS AND FEES The legal assistance attorney may determine that the best interests of the client will be served by referring the case to another attorney, often a private civilian attorney. Referral may be for a variety of reasons, including expertise of the attorney or regulations that prohibit involvement of the legal assistance attorney. Should referral to a private civilian attorney be necessary payment of legal fees is the client's responsibility. The government will not reimburse the individual or pay any expenses associated with the referral. Reserve personnel providing legal assistance while on active duty may not refer legal assistance clients to themselves in their private practice nor to their law firm. Services provided in the Department of the Navy legal assistance program are at no cost to eligible personnel. All active duty personnel and civilian employees involved in providing services or advice in the legal assistance program are prohibited from accepting or receiving, in any manner, any fee or compensation other than government compensation for legal services provided to persons eligible for assistance. Reserve personnel on inactive duty or in any offical capacity are prohibited from receiving fees or compensation for the same matters about which they consulted with or advised the legal assistance client in an official capacity. THE EXPANDED LEGAL ASSISTANCE PROGRAM Under the expanded legal assistance program, legal assistance attorneys in selected offices may provide legal services, including in-court representation to certain categories of clients, as follows, about matters listed in the JAGMAN, on a limited basis. The local legal assistance office should be consulted for specific information. The expanded legal assistance program, as authorized by JAG, provides in-court legal services for eligible personnel who cannot afford private attorney fees. Those personnel eligible for the expanded legal assistance program include the following: c Active duty military personnel in paygrades E-3 and below without dependents. . Active duty military personnel in paygrades E-4 and below, with dependents. Their dependents are also eligible. l Other active duty military personnel of higher paygrades and their dependents who are unable to afford an attorney without substantial financial hardship. Representation under the expanded legal assistance program of persons in this category must be approved by JAG. The preventive law program is an integral part of the Department of the Navy legal assistance program and is intended to decrease the number of personal legal problems confronting military personnel and their families. The preventive law program is intended to help in avoiding noncriminal legal problems and to help prevent the recurrence and proliferation of legal problems affecting commands or installations. When a legal problem with widespread implications for morale or discipline arises, the legal assistance area coordinator must make sure all methods are used to highlight and resolve the problem. The preventive law program requires full communication and cooperation among all judge advocates and civilian attorneys in the Department of the Navy and necessitates specific coordination with appropriate civilian officials. It is the goal of the program to improve the overall readiness, efficiency, and performance of military members of the Department of the Navy by enhancing morale and discipline through training and information. In addition to improving overall mission readiness, other objectives include the following: l Educating persons to recognize potential legal problems so professional legal counsel is sought before problems arise l Providing COs and their personnel with a broad channel of communication on legal assistance matters l Encouraging obedience to the law through self-discipline Program responsibilities are generally the same as for the legal assistance program. Attorneys participating in preventive law services such as unit education, training, legal assistance checkups, and briefings need to make sure eligible personnel are informed about the following: l Counseling services available through the legal assistance program l The importance of seeking legal advice before taking action on important matters such as signing purchase agreements, contracts, leases, or divorce settlements l Rights, privileges, and responsibilities arising from laws concerning the member l The importance and method of adequately preparing legal affairs before a deployment l Rights, privileges, and responsibilities of the member as a consumer l The expanded legal assistance program |
 
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