What types of services can I get help with?

For people who are eligible for the Legal Assistance Program and have a need within the scope of what the program offers, below is a list of the services that can be performed by the attorneys.

  • Ministerial Services – Witnessing signatures and providing notary services
  • Legal counseling – Provide legal advice to client.
  • Legal correspondence – Letters written by the lawyer on behalf of the client and reviewing letters written by clients are included.
  • Legal negotiation – One or more discussions with the attorney and with another party (or his or her legal representation)
  • Legal document preparation – Attorneys can do drafting, completion, and execution of documents such as wills, powers of attorney, leases, federal and state income tax returns, and other legal papers. Separation agreements, inter vivos trusts, and other documents may be prepared if resources allow.
  • Legal document filing – Depending on available resources, attorneys may also be able to file documents, tax returns, and other legal papers as part of other legal services.
  • In-court representation – Maximum legal assistance should be provided to all service members on active duty, however, only a supervising attorney can authorize in-court representation by an attorney providing legal assistance. Unless on active duty, ASAR and ARNG judge advocates must also receive approval from the Chief, Legal Assistance. Clients represented in court are only responsible for paying court costs and administrative filing fees.
    • Military justice proceedings – Attorneys providing legal assistance (except those assigned to USATDS) may not provide in-court representation for military personnel in military justice proceedings. These cases are outside the scope of the legal assistance program.
    • Military administrative proceedings – Representation is available only when representation by an attorney is authorized by military regulation. Ordinarily, USATDS attorneys represent clients in these hearings.
    • Civilian criminal proceedings – Other than cases pending before a US Magistrate on a military installation, attorneys are not allowed to provide in-court representation to clients in civilian criminal proceedings.
    • Civil proceedings – Except in circumstances mentioned in the previous section on types of matters attorneys willl work, attorneys will only be provided to those personnel that it would be a substantial financial hardship to hire a civilian lawyer.
  • Legal referral – Provide advice on a different attorney that is better qualified or capable of providing legal assistance in a matter. Clients may find themselves referred to a different military attorney, an attorney from a different government agency/department, or to a civilian attorney.
  • Providing lists of potential lawyers – Instead of referring clients to a particular lawyer, providing a list of lawyers capable of assisting the client in the legal matter.
  • Mediation – Assisting in attempting to settle a dispute outside of a court setting.
Share this