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Local vs. Outside Court Martial Lawyers: Making the Right Choice for Your Defense

Facing a court martial can be a daunting and stressful experience. One of the most critical decisions you’ll make during this process is choosing the right attorney to defend you. A common dilemma is whether to hire a local court martial lawyer or bring in an experienced attorney from outside the area. Michael Waddington, a seasoned military defense lawyer, offers valuable insights into this decision-making process, highlighting the pros and cons of each option and what factors you should consider.

Understanding the Court Martial Landscape

Court martial proceedings are unique, governed by the Uniform Code of Military Justice (UCMJ), and differ significantly from civilian trials. Defense attorneys specializing in military law must understand not only the legal intricacies but also the military culture and environment. This expertise can come from lawyers who practice locally or those who travel nationwide to take on cases.

Pros and Cons of Hiring a Local Court Martial Lawyer

When your case is being tried in a specific location, such as Norfolk, Virginia, it may seem logical to hire a local attorney familiar with that jurisdiction. Local lawyers may have established relationships with local prosecutors and staff judge advocate (SJA) offices, potentially providing insights into local procedures and tendencies.

However, Michael Waddington cautions that these relationships can sometimes be a double-edged sword. Local attorneys might be too closely associated with the prosecution or even share roles as reservists with the same offices pursuing your case. This proximity could influence their willingness to aggressively defend you or create conflicts of interest.

Advantages of Bringing in an Outside Attorney

On the other hand, experienced military defense lawyers who travel to cases nationwide often come with a fresh perspective and an uncompromised stance. They are not part of the local military community, which means they don’t have personal or professional ties to the prosecutors or SJAs who might be involved in your case.

Despite the additional expenses such as airfare, lodging, and transportation, outside attorneys frequently dedicate more time and resources preparing your defense. Many spend days ramping up before the trial, ensuring they are fully prepared to fight for the best possible outcome.

Interestingly, Waddington notes that outside counsel might even charge less than local attorneys while devoting more focused attention to your case. This can be a critical consideration for service members seeking quality defense without exorbitant costs.

Key Factors to Consider When Choosing Your Court Martial Lawyer

  • Experience and Expertise: Look for attorneys with a demonstrated history of handling military cases and court martials, regardless of their location.
  • Relationship with Local Military Community: Understand the nature of the attorney’s connections to the local prosecutor and SJA offices and how that might impact your defense.
  • Availability and Commitment: Consider how much time the attorney will invest in your case, including preparation and trial attendance.
  • Cost: Factor in additional expenses for outside counsel but weigh these against the potential benefits of a dedicated and experienced defense.
  • Personal Comfort and Trust: Interview potential lawyers to gauge your comfort level and confidence in their ability to represent you effectively.

Additional Insights: The Lawyer’s Objective in Military Defense

One vital point emphasized by Michael Waddington is that when military defense lawyers enter the courtroom, their objective is singular: to secure the best possible outcome for their client. They are not there to socialize or maintain friendships with prosecutors or military officials. This laser focus can sometimes be more readily found in outside attorneys who don’t have established ties to the local military legal community.

Conclusion: Making an Informed Decision

Choosing between a local court martial lawyer and an outside attorney is a nuanced decision that depends on your specific circumstances, preferences, and the details of your case. While local lawyers offer familiarity with the jurisdiction, outside attorneys can bring impartiality, experience, and dedicated focus. The key is to conduct thorough interviews, assess the attorney’s background and approach, and weigh the costs and benefits carefully.

If you’re facing a court martial and are unsure where to start, consult with experienced military defense attorneys who can guide you through this complex process. Remember, your defense starts with the right lawyer in your corner.

For more information or to speak with a seasoned military lawyer, visit UCMJDefense.com or call 1-800-921-8607.

Full Transcription

Should I hire a local attorney versus getting an attorney from outside of my area? For example, if your case is being tried in Norfolk, Virginia, should you get a local Norfolk attorney or should you get someone from outside? And really it depends. I mean, if you can find a very experienced lawyer that you like that is willing to come in and fight for you, then interview that lawyer, but you should also keep your options open. Some of the best trial lawyers, civilian trial lawyers that practice in military courts are based in a certain location and they travel to every single case. For example, I don’t do very many local cases. I don’t practice in local courts. Most of my cases I have to get on a plane and fly to it or drive to it. Now there is an additional cost associated with having an outside attorney fly into your destination such as airfare, hotel, rental car, and so forth. However, you have to kind of balance out. Do you want to bring in an outside attorney who’s not buddies with the prosecutor, who hasn’t gone against these same prosecutors over and over again? Do you want to bring in someone who’s in that courtroom every day? I mean, it really is a matter of choice. But when we show up to try a military case, we’re not going out there to make friends. We go out there with one objective and that’s to get you the best outcome that we can. So I find a lot, sometimes local attorneys tend to be a little bit too tight with the local prosecutor and with the SJ offices. As a matter of fact, some of them work and drill in those offices as reservists on the weekends. So in other words, there are reservists that work in the same SJ office that’s trying to put you in jail or in a reserve office. That doesn’t mean that you can’t hire that attorney or that attorney can’t do a good job. You just need to use your best judgment, interview the attorney, figure out what their background is, and then balance. Do we want to bring in an outside guy or do we want to go with the local counsel? And a lot of times you’ll find that outside counsel charge less money than the local attorneys and also devote a lot more time to your case. They’ll come and prepare and get ramped up for your court-martial several days in advance and go in there with that singular goal in mind of getting the best outcome possible. Thank you.

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Local vs. Outside Court Martial Lawyers: Making the Right Choice for Your Defense

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