3 LEGAL ASSISTANCE MANUAL (JAGINST B (series)) THE NAVY LEGAL ASSISTANCE PROGRAM TABLE OF CONTENTS I. Overview of the Mission Administration Legal Aid Program. 1 II. Supervision and coordination of mutual legal assistance services Authority of the Judge Advocate General Control regulations Scope and applicability Management and coordination. 3 III. Legal assistance Lawyers Definition Qualifications Legal aid Responsibilities of lawyers. 9 IV. Legal assistance staff Legal aid staff Legal aid staff Paralegals Legal assistance Office clerks ( clerks ) Prohibition of unauthorized exercise of the law Prohibition of any form of compensation Rules and obligations Maintaining customer and customer confidence Confidentiality in general Initial interview with the estate and delegation of staff assistance tasks. 15 V. 35 VI. Scope of legal aid and restrictions on services General scope of services Limitations on benefits Discretion to extend services Discretion to restrict services Additional considerations on CB guidelines. 41 VII.
Standards for acceptance of legal aid services and name changes. 42 6 II SUPERVISION AND COORDINATION OF LEGAL AID SERVICES 2-1. Power of Attorney of the Judge Advocate General a. The Judge Advocate General has the legal authority and responsibility to establish, administer and supervise the Navy Legal Aid Program. See 10 U.S.C and. Next. b. All civilian employees of the active service, reserve component, and Department of the Navy providing mutual legal assistance services are subject to the oversight and regulation of the Attorney General and subject to the rules and guidelines contained in this manual. This includes, but is not limited to: (1) active and reserve judges, including permanent independent judge advocates and JPAs assigned to Regional Legal Services Offices (RLOs); (2) jurists on active duty and in the reserve reserve, including independent advocates; (3) agents of rank 04 and above who provide notarial services; (4) active public servants certified as legal secretaries when providing notarial services; (5) active staff with limited status responsible for the administrative support of mutual legal assistance or staff judges` chambers; (6) Qualified Legal Aid Volunteers (see 10 U.S.C.
1588, OPNAVINST A, JAGINST (series) and sections 4-3 of this manual). c. All lawyers who provide legal assistance practice under the supervision of the General Counsel and must abide by the rules set out in JAGINST (series), Ethics of Lawyers Practising Under the Supervision of the Attorney General, and strive to comply with the highest standards of the Law Society Examination Rules of the Legal Profession. This legal assistance guide, the JAGMAN and other guidelines such as the judge advocate 2 TOPIC: NYCLA COMMITTEE ON PROFESSIONAL ETHICS FORMAL OPINION No. 733 Non-proprietary recommendations and sharing of desks, computers, telephone lines, office expenses and advertising with non-legal professionals. 14 Notarization services, pre-deployment briefings and other general explanations on legal issues. (3) Unauthorized exercise of law (UPL). UPL occurs when a person who is not licensed to practice law provides client services without proper supervision by a duly licensed attorney.
c. Delegation of work by lawyers to support staff (1) The ability to effectively delegate work to support staff is essential for the effective execution of the mutual legal assistance mandate. This delegation must be made in accordance with JAGINST (series) and must strike a balance between the need for effective and efficient execution of the mission and the need to be vigilant with regard to the UPL. Legal aid lawyers are expected to look for ways to expand the role of legal aid staff to improve client service delivery and preventive legal activities within the professional and ethical rules of the Naval Legal Aid Program. (2) A lawyer may delegate the work of legal aid paralegals, paralegals and clerical staff within the meaning of Chapter IV of this manual, provided that the lawyer (a) maintains direct contact with the client and does not distance himself completely from a particular matter by delegating all client contact and case processing to support staff; (b) supervise support staff in the performance of delegated tasks; (c) assume full professional responsibility for the outcome of the work; and (d) ensure that clients and third parties understand that support staff are not lawyers and that support staff are never represented as counsel to clients. 10 23 without the express and informed consent of the customer or without a legal exception in good faith to the rules of confidentiality. See JAGMAN 0706b. This also includes confirmation of the appointment itself. c. Customer requests for limited information sharing.
In any situation where a client has requested a limited exchange of information, supervising counsel must take all appropriate measures to protect the client`s trust and privileged information. d. Communication with Third Parties. Unless a client has otherwise requested limited sharing of information, lawyers may communicate on behalf of their clients with third parties, including individuals and entities within the Department of the Navy, as well as with opposing parties subject to JAGINST (series) restrictions. When communicating with third parties, lawyers must clearly indicate that they are defending their client`s interests and not on behalf of the government. As already mentioned, the exclusion of liability must also be made in writing in the case of written communication with third parties. Neither officers nor civil lawyers may use or threaten to use their official position for the undue benefit of clients. Such actions violate 5 C.F.R. 2635, Standards of Ethical Conduct for the Executive Branch Employees, DOD5500.7R Joint Ethics Regulation, and COMNAVLEGSVCCOMINST (Series) e. Methods of Communication. In addition to telephone and regular mail, state e-mail ( ) and facsimile transmissions are permitted methods of lawful communication.
Upon approval by the Swiss Code of Obligations, legal advice providers may also communicate with clients via Defense Connect Online (DCO) if such methods of communication are deemed essential for diligent or timely representation of the client`s interests. See sections 5 to 11 below for Remote Legal Aid Provision Referral of Cases to External Authorities or Civil Lawyers. If a lawyer attempts to refer a matter to the Department of Justice (DOJ), the Consumer Financial Protection Bureau (CFPB) or a similar agency, the lawyer must obtain the client`s prior written consent. The DOJ will evaluate cases arising from violations of a service member`s rights under the Uniformed Services Employment and Reemployment Rights Act (“USERRA”), Uniformed and Overseas Citizen 19 JAG INSTRUCTION 5801.2A DEPARTMENT OF THE NAVY OFFICE OF THE JUDGE ADVOCATE GENERAL WASHINGTON NAVY YARD 1322 PATTERSON AVENUE SE SUITE 3000 WASHINGTON DC 20374-5066 Iff IIIPLY lllflll at JAGINST 5801. 2A JAG 16 2 6 OCT 200~ By: Subj: Judge Advocate General NAVY-MARINE CORPS LEGAL ASSISTANCE PROGRAM Ref: (a) 10 U.S.C. § 1044 (b) JAGINST 5800.7D (JAGMAN) Encl: (1) Legal Assistance Manual 1st objective. Enact policies, prescribe procedures, and assign responsibilities for the Navy and Marine Corps Legal Assistance Program. 2.
Scope. This direction applies to all lawyers providing legal aid services, including all Navy and Marine Corps judges, civilian lawyers, and volunteer lawyers; Lawyers; legal services specialists; civil paralegals; civilian paralegals; and other personnel providing legal assistance to authorized beneficiaries under the Navy and Marine Corps Legal Assistance Program. 3. Background. Since 1943, there has been legal assistance for members of the armed forces. Congress formally recognized military service legal assistance programs in 1984 by issuing reference (a), which authorizes the provision of legal assistance “subject to the availability of legal personnel.” Although the legal aid program is not funded separately, Navy and Marine Corps personnel have always been assisted in their personal legal affairs. This support is now seen as one of the benefits of military service. 4. Poli`s legal assistance is an important and valuable contribution of the Navy and Marine Corps legal community to the morale and well-being of our soldiers, their families, and other eligible beneficiaries. .