Can I Request a Different Military JAG Lawyer if I Don’t Trust Mine?
Service members often ask whether they can change their appointed military defense lawyer (JAG counsel)
if trust or confidence is lacking. Under the
Manual for Courts-Martial,
you cannot simply swap your detailed counsel for another based on preference.
However, you may request Individual Military Counsel (IMC) or hire a civilian military defense lawyer.
Limits on Changing Appointed Counsel
- No free choice: The military assigns your detailed JAG. You can’t “fire” them without cause.
- Conflicts of interest: If your JAG has a conflict (e.g., represented a co-accused), the Corps will reassign counsel.
- Reassignment authority: The JAG Corps, not the accused, controls who is detailed to cases.
Requesting Individual Military Counsel (IMC)
You may request a specific military lawyer as IMC if they are reasonably available.
This process allows you to seek a JAG you trust more, but approval depends on availability, caseload, and command needs.
- Reasonably available: Determined by regulations and the lawyer’s chain of command.
- If approved: The IMC may serve as your primary counsel or as co-counsel with your detailed JAG.
- If denied: You remain with your detailed JAG but still have the right to civilian counsel.
The Civilian Lawyer Option
If you lack confidence in your assigned JAG, you may retain a civilian military defense lawyer.
Civilian attorneys operate independently of the command, bring extensive trial experience, and can lead strategy while your JAG provides procedural support.
Video: Gonzalez & Waddington – Elite Military Defense Lawyers
Elite Court-Martial Attorneys | Gonzalez & Waddington – Defending Service Members Worldwide.
Common Questions
Can I refuse to work with my detailed JAG?
No. You cannot simply refuse assigned counsel, but you can request IMC or retain civilian counsel.
Will asking for IMC delay my trial?
It can if requested late. File early and explain why the specific lawyer is needed.
Can my command deny my request for IMC?
Yes, if the requested attorney is not “reasonably available.”
Does hiring a civilian lawyer affect my JAG?
No. Your JAG will remain assigned and often works alongside your civilian attorney as co-counsel.
Why Gonzalez & Waddington
Our attorneys frequently serve as lead counsel alongside JAGs in contested courts-martial worldwide.
If you lack confidence in your appointed lawyer, we bring independence, experience, and trial-tested strategy to ensure your case is handled aggressively.
Call: 1-800-921-8607 |
ucmjdefense.com
Talk to a Military Defense Lawyer
If you don’t trust your appointed lawyer, don’t wait—get help. Call 1-800-921-8607 today.
Disclaimer
This information is provided for educational purposes only. It does not create an attorney–client relationship. Past results do not guarantee future outcomes. Always consult an attorney about your specific situation.
