How to Choose a Civilian Court Martial Lawyer
Most service members I talk to have already met their detailed defense counsel. Then a parent, a spouse or a friend tells them to get a civilian lawyer, and they search for one.
That raises two questions. Do you need one? And if you do, how do you tell one civilian lawyer from another?
You don't have to choose between your military lawyer and a civilian one. The UCMJ lets you hire civilian counsel at your own expense. If you do, your detailed defense counsel stays on the case as associate counsel unless you ask to excuse them.
Under investigation or facing charges? See how our court martial defense lawyers handle these cases. Related results: Marine Lieutenant's Strangulation Investigation Ends Without Charges or Adverse Action and Bilecki Defeats Alleged Fatal Hit and Run Case: Negligent Homicide Dismissed and Full Acquittal at Trial. Past results do not guarantee a similar outcome.
Your Detailed Defense Counsel Is Free and Stays on the Case
Your detailed defense counsel is a judge advocate, certified to defend courts martial and assigned to you at no cost. You can also ask for a military lawyer of your own choosing, if that lawyer is reasonably available.
Hiring civilian counsel adds to that team. It doesn't replace it. What you're deciding is whether to add a lawyer you pick, and what that lawyer brings to your case.
When to Bring In Civilian Counsel
Bring civilian counsel in early. If you're under investigation by CID, NCIS, OSI or CGIS, you can decline the interview and ask for a lawyer. Much of what decides a case happens before charges are preferred: what you say, what evidence is preserved, and what the command or the special trial counsel hears before deciding whether to charge.
See how our CID, NCIS and OSI investigation lawyers work before charges are preferred.
Questions to Ask Any Civilian Court Martial Lawyer
These are the questions I would ask if I were hiring a lawyer for my own court martial. Here is how we answer each one.
How many courts martial have you taken to verdict?
I've taken 250+ courts martial to verdict, and I've been defending service members since 2003. Ask any lawyer for the number of trials taken to verdict, not the number of cases handled. A plea and a contested trial are different work.
Is military defense all you do?
Yes. We handle military matters only: courts martial, CID, NCIS, OSI and CGIS investigations, Article 32 hearings, nonjudicial punishment, GOMOR rebuttals, administrative separation boards and officer boards of inquiry.
Who will work my case?
Two attorneys work every case: Ben Gold and me. You hire Tim and Ben. You get Tim and Ben.
Have you served in the military?
I'm a former U.S. Army judge advocate. I served as Senior Defense Counsel for Trial Defense Service in the Pacific Rim, covering Korea, mainland Japan, Okinawa and the Philippines. Ben Gold is a former U.S. Navy Surface Warfare Officer. He served as Operations Officer of 2-Troop, SEAL Delivery Vehicle Team ONE.
Do you represent people in units like mine?
We represent service members in every branch, at installations worldwide. We frequently represent special operations personnel. Related result: Bilecki Wins Rescission of GOMOR for Special Forces Officer Who Helped Soldier Through Divorce.
What if I also face state or federal charges?
We don't take state or federal court cases. When a client also faces civilian charges, we routinely work alongside the client's civilian criminal lawyer, because what happens in one case affects the other.
How many cases do you take?
We limit how many cases we take. There is no fixed number, because one large case can take more work than ten smaller ones. I decide case by case, based on our current caseload, how complex the case is and where the service member is stationed.
How is the fee set, and what does it cover?
We charge flat fees. For a court martial, the legal fee covers the Article 32 hearing, motions, trial on the merits and sentencing, as applicable. We don't add a legal fee if the case goes past Article 32, and we don't charge for additional trial days. Travel expenses are separate. You get the fee and the scope of the work in writing before you decide. Our FAQ covers fees in more detail.
What happens if I'm convicted?
Ask what a conviction would mean beyond the sentence: retirement, VA benefits, firearms and registration. Ask, too, which court martial your case is headed for. The forum sets the maximum punishment.
What No Lawyer Can Promise
No lawyer can promise you an outcome. What you can judge is experience, focus and who will be in the courtroom with you. Ask the questions above, and expect plain answers.
Watch: Why Hire Civilian Counsel
Watch "Why Hire Civilian Attorneys" on YouTube
If you're under investigation, you can decline the interview and ask for a lawyer. The first consultation we accept and schedule is free. Call us at 813-669-3500.