A military lawyer has many of the same responsibilities as a civilian lawyer. The lawyer, on the other hand, works for and with military personnel. A person can become an Army, Marine, Air Force, or Navy lawyer because each branch of the Armed Services in the United States has its own Judge Advocate General service. Military legal staff participate in court martial cases, but they also provide other services to military personnel, such as family law advice.
People who work as legal counsel for the military receive the same training as civilian lawyers. They complete the requirements to become a lawyer before enlisting in the military branch in which they wish to serve. The aspiring military lawyer earns a bachelor’s degree, takes the Law School Admissions Test (LSAT), and enrolls in law school. During law school, he or she studies criminal law, contract law, family law, civil procedure, torts, and other topics.
A military lawyer may work on court martial cases because the military prosecutes its members for summary offenses and more serious criminal offenses. Legal officers must work for both the prosecution and defense of a person who is subject to the Uniform Code of Military Justice’s provisions. The most serious cases are heard a panel of at least five senior military personnel and a military judge, or the accused may request that the case be heard solely a military judge.
A court martial is similar to a civilian criminal trial in that it follows the same rules. The person accused of a crime has the right to retain legal counsel and present evidence to the court martial panel in all but summary court martials. As part of the proceedings, the military lawyer will question defense witnesses and cross-examine prosecution witnesses. The lawyer would assist witnesses in preparing for court martial testimony and advise his or her client on whether testifying or remaining silent is the best course of action.
Another service that a military lawyer may provide is legal advice on family law issues. Divorced members of the armed forces are subject to special rules. These rules govern where divorce papers can be filed and when a person on active duty can be served with divorce papers. Another area where a military lawyer can provide appropriate advice as part of his or her job responsibilities is in the area of military pensions, which are subject to division as marital property.