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Questions to Ask a Military Defense Lawyer Before You Hire

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Reviewed by Michael Waddington, former Army JAG prosecutor, Trial Defense Counsel and Senior Defense Counsel, Gonzalez & Waddington. Last reviewed: November 2026.

Short answer: Before you hire a civilian military defense lawyer, ask who will personally handle your case, how many contested courts-martial or boards that person has tried, what deadlines you face right now, what the fee covers in writing, and how the lawyer will work with your JAG defense counsel. The answers tell you more than any website or award.

Bring this list to every consultation and write down the answers. Comparing lawyers side by side on the same questions is the fastest way to see the difference between them.

Questions about experience

1. “How many contested courts-martial have you personally tried to verdict?”

Ask about the lawyer in front of you, not the firm. A guilty plea or a case that settled is not a contested trial. If you are facing a board instead of a court-martial, ask how many administrative separation boards or boards of inquiry they have personally handled.

2. “How many cases like mine have you tried, and when was the most recent?”

An Article 120 sexual assault case, a drug case, and a GOMOR rebuttal call for different skills. Ask about your charge or action specifically.

3. “Have you served as a military prosecutor or defense counsel?”

Former JAG officers know how commands, staff judge advocates and investigators make decisions. It is one useful factor, not the only one. See Should I Hire a Former JAG as My Civilian Military Lawyer?

Questions about who does the work

4. “Who will try my case, and will that be written in the agreement?”

The lawyer you meet should be the lawyer who stands up in court. If someone else will argue motions or cross-examine witnesses, ask to meet that person too.

5. “How will you work with my detailed military defense counsel?”

Under Article 38(b), UCMJ (10 U.S.C. § 838(b)(4)), your detailed military counsel acts as associate counsel when you hire civilian counsel, unless you ask that they be excused. A good answer explains how the two lawyers will split the work and share information.

6. “Who do I call with questions, and how fast will I hear back?”

Ask how you will reach the lawyer, who answers when the lawyer is in trial, and how often you will get updates.

Questions about your case right now

7. “What deadlines do I have this week?”

Some military actions move fast. An Army memorandum of reprimand gives active duty Soldiers 7 calendar days to respond (AR 600-37, para 3-7b). An Army Article 15 appeal filed more than 5 calendar days after punishment is presumed untimely (AR 27-10, para 3-29a). The lawyer should ask what you received and when.

8. “Should I say anything to my command or investigators?”

Under Article 31, UCMJ (10 U.S.C. § 831), you cannot be compelled to incriminate yourself, and a suspect must be warned before questioning that anything said can be used at a court-martial. Ask how to decline an interview politely and what to do if you are contacted again.

9. “What is the realistic worst case, and the realistic best case?”

You should hear both. A lawyer who only describes the best case is not preparing you.

10. “What evidence do you need from me, and what should I preserve?”

Text messages, social media, photos, receipts, phone records and the names of witnesses can disappear quickly. Ask what to save and how, and what not to delete.

11. “Will you need investigators or expert witnesses, and who pays for them?”

Many cases turn on forensic, digital or medical evidence. Ask whether the lawyer will request government-funded expert assistance and whether any private expert costs are included in the fee.

Questions about the fee

12. “Is this a flat fee or hourly, and what exactly does it cover?”

Ask whether the fee covers the investigation stage, the preliminary hearing, motions, trial and sentencing, or only some of them. In Florida, the basis or rate of the fee must be communicated to the client, and any nonrefundable part must be confirmed in writing (Rule 4-1.5(e)). See Flat Fee or Hourly? How Civilian Military Defense Lawyers Charge.

13. “Are travel costs included?”

If your case is at an installation far from the lawyer’s office, or overseas, ask how travel is billed before you sign.

14. “What happens to the fee if my case is dropped early?”

Get the answer in writing. Florida’s comment to Rule 4-1.5 says a lawyer who takes an advance payment must return any unearned portion, unless the written agreement made the fee nonrefundable.

15. “How can I pay?”

Ask about credit cards, payment timing and financing. See How to Pay for a Civilian Military Defense Lawyer.

Questions about logistics

16. “Will you come to my installation, including overseas?”

Military justice applies worldwide, and you may be represented by civilian counsel at a general or special court-martial (Article 38(b)(1)–(2), UCMJ). Ask whether the lawyer appears in person for the preliminary hearing, motions and trial.

17. “Can my family be involved?”

Many clients want a spouse or parent on calls. Ask how the lawyer protects attorney-client privilege when family members are present. See Can My Family Hire a Civilian Military Lawyer for Me?

Answers that should make you slow down

A promised result, a lawyer who cannot say who will try your case, or a fee that is not explained in writing are warning signs. See Red Flags When Hiring a Court-Martial Lawyer.

How we answer these questions

Michael Waddington served in the Army JAG Corps as a prosecutor, Trial Defense Counsel and Senior Defense Counsel, and has over 25 years as a lawyer. Alexandra González-Waddington is licensed in Florida and Georgia and represents clients in English and Spanish. Together they founded Gonzalez & Waddington, which has represented service members stationed in more than 20 countries. We quote a flat fee after we review your case, and we accept credit cards. Ask us any of the questions above.

Frequently asked questions

How many lawyers should I talk to before hiring one?

Two or three is common. Ask each one the same questions so you can compare the answers. Don’t let a deadline pass while you compare; ask each lawyer about your deadlines first.

Is the consultation confidential?

Ask the lawyer at the start. Rules on confidentiality for prospective clients vary by state, and you should not share details in front of people outside the attorney-client relationship.

Do I need a civilian lawyer if I already have a JAG?

You are not required to hire one. Detailed military defense counsel is provided at no cost under Article 27 and Article 38, UCMJ. Many service members add civilian counsel for serious charges. See Should I Hire a Civilian Lawyer If I Already Have a JAG?

What should I bring to the consultation?

Any paperwork you received (charge sheet, reprimand, Article 15 form, notification of separation), the dates you received it, a short timeline, and the names of your command and detailed defense counsel.

Talk to us about your case

Contact Gonzalez & Waddington to schedule a consultation, or read about our court-martial defense, Article 15, GOMOR rebuttal and separation board representation.

Sources

This page is attorney advertising and general information, not legal advice. Contacting Gonzalez & Waddington does not create an attorney-client relationship. Past results do not guarantee a similar outcome.

Questions to Ask a Military Defense Lawyer Before You Hire with Michael Waddington

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