Should I Hire a Former JAG as My Civilian Military Lawyer?

What a JAG background gives a lawyer

• Working knowledge of the UCMJ, the Manual for Courts-Martial and service personnel regulations.
• Familiarity with how commands, investigators, prosecutors and military judges operate.
• Understanding of military culture, rank structure and what panel members care about.
• Credibility with military defense counsel, who often co-counsel the case.

Why the title is not enough

“Former JAG” covers many jobs. A judge advocate may have spent their career in legal assistance, contract law, operational law or claims, with little or no time in a courtroom. Others prosecuted, or defended, dozens of cases. Some left the service many years ago and now practice mostly civilian law. Ask what the lawyer did in uniform and what they have done since.

Many effective civilian military defense lawyers never wore the uniform; they built their experience trying courts-martial and boards as civilians. The best predictor is relevant defense trial experience, not prior rank.

Questions to ask a former JAG

• What were your assignments as a judge advocate? Did you prosecute or defend courts-martial?
• Since leaving the service, how many contested courts-martial or boards have you tried as defense counsel?
• Have you handled cases like mine, for example Article 120, a GOMOR, or an officer elimination board?
• Will you personally handle my case and appear in court, or will someone else?
• How will you work with my detailed military defense counsel?

A conflict-of-interest check

Lawyers who worked for the government are barred from representing a client in a matter they participated in “personally and substantially” while in government service, unless the government consents in writing (ABA Model Rule 1.11, mirrored in the services’ professional responsibility rules, such as AR 27-26 for the Army). This rarely affects a new case, but ask any former JAG whether they had any involvement in your command’s case or investigation.

Our perspective

Our firm has both perspectives. Michael Waddington is a former Army JAG who served as a prosecutor, Trial Defense Counsel and Senior Defense Counsel, and Alexandra González-Waddington is a former Georgia public defender. In our view, the questions above matter more than any title, including ours.

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.