Can a Military JAG Lawyer Refuse to Represent Me?
In almost every case, an appointed military defense lawyer (JAG counsel)
cannot refuse to represent a service member facing trial under the
Uniform Code of Military Justice (UCMJ).
However, there are exceptions where a JAG may be disqualified or reassigned, such as conflicts of interest or ethical limitations.
When a JAG Lawyer Can Be Replaced or Reassigned
- Conflict of Interest: If they previously represented a co-accused, government witness, or have divided loyalties.
- Professional Limitation: If they lack the certification or jurisdiction to handle the case.
- Ethical Grounds: If representation would violate ethical duties, such as breaches of privilege.
- Reassignment by the Corps: JAG offices can reassign attorneys, but they must provide another qualified defense lawyer.
Your Right to Civilian Counsel
While you cannot choose your assigned JAG, you can always hire a civilian military defense lawyer.
Many service members keep their free JAG as co-counsel while adding a civilian attorney to lead the defense strategy, ensuring independence and bandwidth.
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Common Questions
Can I fire my JAG lawyer?
No. You cannot fire a detailed JAG attorney. If you want different representation, you must retain civilian counsel.
What if I don’t trust my JAG?
You may keep your JAG on the case while hiring a civilian lawyer to lead your defense strategy.
Does a refusal mean I’m guilty?
No. If a JAG steps away, it’s due to conflicts or ethics—not a presumption of guilt.
Will I always have a lawyer?
Yes. The military must ensure you have legal representation if you face a court-martial.
Why Gonzalez & Waddington
For over 20 years, our civilian military defense lawyers have defended service members worldwide in high-stakes cases.
If you’re concerned about the quality of your representation, we provide independent, aggressive counsel who answers only to you—not the command.
Call: 1-800-921-8607 |
ucmjdefense.com
Talk to a Military Defense Lawyer
Your career, reputation, and freedom deserve the strongest defense. Call 1-800-921-8607 today.
Disclaimer
This information is for educational purposes only and does not create an attorney–client relationship. Past results do not guarantee future outcomes. Always consult an attorney about your specific case.
