Why Hire a Civilian Military Defense Attorney
If you're facing a court-martial, administrative separation, or military investigation, you have the right to be represented by a military defense counsel at no cost. That attorney will be a licensed JAG officer with training in military law. So why would anyone pay for civilian counsel?
The answer isn't that military defense attorneys are bad at their jobs. Many are skilled, dedicated advocates. The answer is that the structure of military defense creates limitations that don't apply to civilian attorneys. Understanding those limitations helps you make an informed decision about your own representation.
What Military Defense Counsel Provides
Every service member facing court-martial is entitled to a detailed military defense counsel (DC). This attorney is a judge advocate assigned to represent you. They understand the Uniform Code of Military Justice, military court procedures, and the unique dynamics of military cases.
For many service members, military defense counsel provides effective representation. The system exists because the military recognizes that accused service members deserve qualified legal defense.
But the system also has structural realities that affect how that defense is delivered.
Structural Differences Between Military and Civilian Defense
Caseload and assignment. Military defense counsel typically handle multiple cases simultaneously. They're assigned to cases rather than chosen by clients. When a new case arrives, it goes into the rotation regardless of the attorney's current workload or expertise in that particular area of law.
Career trajectory. JAG officers rotate through different assignments over the course of their careers. A defense counsel position is typically one stop among many, which might include prosecution, administrative law, or operational law. This rotation is how military legal careers are structured. It's not a criticism. It's a fact that affects continuity and specialization.
Resources and independence. Military defense counsel work within the military system. They have access to military resources, but they also operate within military structures. A civilian attorney operates entirely outside the chain of command, with no institutional role beyond representing you.
Availability and focus. A civilian attorney you hire works for you. Their availability, their priorities, and their attention are directed by your case. They don't have competing duties, additional assignments, or rotations that might affect their focus during critical phases of your case.
When Civilian Counsel Makes a Difference
Not every case requires civilian representation. But certain situations benefit significantly from it:
Complex or high-stakes cases. General courts-martial with serious charges, cases involving potential confinement, or proceedings that could end your career warrant the most focused representation available.
Cases requiring specialized expertise. Sexual assault allegations under Article 120, drug offenses under Article 112a, or financial crimes each have their own evidentiary and strategic considerations. An attorney who has handled dozens of similar cases brings pattern recognition that comes from experience.
Cases involving difficult evidence. DNA evidence, digital forensics, toxicology reports, or expert testimony require attorneys who know how to challenge technical evidence and work with defense experts.
Situations requiring early intervention. The most important phase of many military cases happens before charges are referred. A civilian attorney can engage during the investigation phase, before the Article 32 hearing, when early action can shape the entire trajectory of the case.
Cases where command dynamics are a factor. If you believe command influence is affecting your case, or if the political environment around your allegations is intense, having counsel who operates entirely outside the military structure provides a layer of independence.
What Civilian Counsel Can Do
A civilian military defense attorney can:
- Enter the case at any stage, including during investigation before charges are preferred
- Work alongside your military defense counsel or serve as lead counsel
- Devote time and resources specifically to your case without competing assignments
- Bring experience from similar cases across multiple installations and branches
- Operate without any connection to the command structure involved in your case
- Continue representing you if you separate from the military during proceedings
Civilian counsel doesn't replace your right to military defense counsel. You can have both. Many service members choose to have a civilian attorney lead the defense while military counsel provides support and institutional knowledge.
How to Evaluate a Civilian Military Defense Attorney
Not all civilian attorneys who advertise military defense have the same background. Questions to consider:
Do they practice military law exclusively or primarily? An attorney who handles military cases occasionally may not have the depth of experience that a full-time military defense practice provides.
What is their military background? Former JAG officers understand military culture, procedures, and the dynamics of military courtrooms in ways that civilian-only attorneys may not.
Have they handled cases like yours? Experience with your specific type of charge, at your type of proceeding, matters.
Can they travel to your installation? Military cases happen at bases around the world. An attorney who can appear wherever you're stationed provides consistent representation regardless of location.
Why Joseph L. Jordan
Attorney Joseph L. Jordan is a former Army JAG officer who served as both prosecutor and defense counsel at installations including Fort Hood and overseas locations in Germany, Korea, and Japan. He has handled cases involving sexual assault, drug offenses, violent crimes, and career-ending administrative actions.
His practice is exclusively focused on military defense. He doesn't handle civilian criminal cases, family law, or other practice areas. Every case is a military case, and every client is a service member facing the military justice system.
That focus means experience with the specific procedures, evidentiary issues, and command dynamics that make military cases different from civilian prosecutions. It also means availability. When you hire civilian counsel, you're hiring someone whose professional attention is directed at your case.
Frequently Asked Questions
Can I have both military and civilian defense counsel? Yes. You retain your right to military defense counsel even if you hire civilian representation. Many clients use both, with civilian counsel leading the defense strategy.
When should I contact a civilian attorney? As early as possible. The investigation phase, before charges are preferred, is often when the most important decisions are made. Early consultation doesn't commit you to anything, but it gives you information about your options.
How much does civilian military defense cost? Fees vary based on the complexity of the case and the stage of proceedings. Most civilian military defense attorneys offer consultations to discuss your situation and provide fee information.
Will hiring a civilian attorney make me look guilty? No. Choosing your own representation is a right, not an admission. Commanders and panel members understand that service members are entitled to make decisions about their own defense.
What if I'm stationed overseas? Civilian attorneys can represent clients at installations worldwide. Geography doesn't limit your options for representation.
Contact a Military Defense Attorney
If you're under investigation, facing charges, or have received notice of adverse administrative action, understanding your options is the first step. Call (888) 688-3186 to speak with civilian military defense attorney Joseph L. Jordan about your situation.
The consultation is confidential. The decision about representation is yours.
