Should I Hire a Civilian Lawyer If I Already Have a JAG?

You keep your military lawyer

Article 38(b) of the UCMJ gives you the right to be represented by civilian counsel you provide. When you do, your detailed military counsel “shall act as associate counsel unless excused at the request of the accused.” In practice, many service members keep both: the civilian lawyer leads, and the military defense counsel handles base logistics, knows the local players and adds a second set of hands at trial. For administrative boards, service regulations work the same way; in the Navy, for example, hiring civilian counsel does not remove your assigned counsel (MILPERSMAN 1910-504).

When adding a civilian lawyer makes sense

• The stakes are high: a felony-level court-martial, an Article 120 sexual assault allegation, a possible punitive discharge, or a retirement on the line.
• The case is complex: digital forensics, expert witnesses, multiple alleged victims, or parallel civilian charges.
• Continuity matters: military defense counsel can be reassigned, deploy or move to a new duty station during a long case. A civilian lawyer you hire stays with you.
• You want a second opinion on a plea offer, a request for discharge in lieu of court-martial, or a decision to testify.
• Family wants to help. A parent or spouse can pay for civilian counsel, but you remain the client.

When it may not be necessary

For a minor matter where you trust your military defense counsel and the possible consequences are limited, your detailed counsel may be all you need. Military defense counsel are licensed attorneys and owe you the same duty of loyalty a civilian lawyer does. The question is not whether your JAG is good. It is whether your case needs more time, resources or trial experience than one assigned lawyer can give it.

How civilian and military counsel work together

• Agree early on who leads, who talks to the prosecutor and who handles motions, witnesses and experts.
• Share one case file and one strategy. Conflicting advice is the biggest risk, and good counsel avoid it by talking often.
• Your conversations with both lawyers are privileged.
• You make the final decisions on pleas, forum and whether to testify.

Questions to ask before you hire

• How many contested courts-martial or boards like mine have you tried as defense counsel?
• Who will actually work on my case, and who will be in the courtroom?
• How will you work with my military defense counsel?
• What does the fee cover, and what costs are extra, such as travel, experts and investigators?

Why service members choose Gonzalez & Waddington

Gonzalez & Waddington, LLC is a civilian military defense firm representing U.S. service members worldwide. Michael Waddington is a former Army JAG prosecutor, Trial Defense Counsel and Senior Defense Counsel who has practiced military criminal defense for more than 25 years and has litigated more than 200 contested trials. Alexandra Gonzalez-Waddington is a founding partner with more than 20 years of military and criminal defense experience and a former Georgia public defender. Together they have written 14 books on military justice, cross-examination and trial advocacy, and both teach other lawyers at national CLE programs. The firm limits its caseload so the senior lawyers stay directly involved from investigation through trial or board.