The legal assistance chief's handbook

Army Lawyer, Sept, 2004 by Mark E. Sullivan

I. Introduction

The job of a legal assistance (LA) chief can be surprising, frustrating, inspiring, and overwhelming--all at the same time. The job becomes particularly challenging when a chief does not have formal training for the position before assuming it. Often, chiefs merely receive on-the-job training and must grow into the position during their tenure. This article's purpose is to help the new chief to: (1) step into the job with no prior instruction; (2) organize and improve the office; and (3) deliver superior service to LA clients. Although anchored in Army LA rules and doctrine, this article focuses not on what the regulations say, but on what a legal assistance attorney (LAA) will eventually learn from experience--three decades of experience. The author has thirty years of experience serving or supervising in division, corps, theater, and Army-level LA offices (LAOs). (1)

II. Starting Out--A Reading List

Each chief must be thoroughly familiar with the LA regulation and should have a well-worn, tabbed copy of it on his or her desktop at all times. Army Regulation (AR) 27-3 (2)--which is currently under revision--provides a detailed explanation of who may be a client as well as the following guidance: (1) providing LA services; (2) training for LA providers; and (3) automating the office and maintaining files. (3) It also explains who is responsible for providing LA at installations, and who is eligible to receive it. (4) Chapter Three, "Legal Assistance Services," is particularly important, because it details the types of LA services, (5) client services, (6) and preventive law services (7) which LAOs may or must provide. Appendix A is exceptionally helpful, because it lists all Army regulations that relate to LA. It is a "gold mine" of information to determine what regulation covers such issues as reports of survey, identification cards, Army Community Service, or notary services. (8)

Legal assistance attorneys should also become familiar with all The Judge Advocate General's Legal Center and School (TJAGLCS) guides in the JA-200 series. Each chief should read JA 271, Legal Assistance Office Administration. (9) It thoroughly explains AR 27-3 and has a wealth of practical management guidance. (10) Additionally, it provides specific tips and suggestions to identify the reason for the visit, develop the facts, counsel the client, and terminate the interview. (11) It also contains a sample client satisfaction survey and a model Standing Operating Procedure (SOP) for the LAO. (12)

The following JA guides are also extremely helpful: (1) JA 274, (13) provides excellent coverage of the Uniformed Services Former Spouses' Protection Act (USFSPA); (2) JA 270 (14) covers the Uniformed Services Employment Rights and Responsibilities Act (USERRA); (3) JA 265 (15) covers consumer protection; and (4) JA 260 (16) covers the Servicemembers' Civil Relief Act (SCRA). (17) The LAO should have the full series available in hard copy or on electrons. (18)

The chief also should review existing LAO SOPs. If there is no SOP, he should make its creation a priority, not only for his sake, but also for the benefit of his successor. The TJAGLCS model mentioned above is useful as a template if an SOP does not already exist. (19)

All LAAs should read the For Counsel messages from the Office of The Judge Advocate General Legal Assistance Policy Division which are on JAGCNET in the Legal Assistance Database. (20) For Counsel contains useful information on LA policies and practices. Past postings are also valuable references for LAAs.

Finally, chiefs should read existing literature on LA administration, clients, preventive law, and office management which The Army Lawyer (21) and the Military Law Review contain. (22) Each article can provide new insights into how to manage problems, improve efficiency, treat clients fairly, obtain feedback on how the office works, and train the office attorneys and staff for their assignments.

III. Legal Assistance Office Assessment

Each new chief should assess the office. This includes examining the personnel, equipment, policies, furnishings, resources, and the LA mission.

A. Meeting with the Staff Judge Advocate (SJA)

The chiefs first meeting should be with the SJA to determine the latter's vision for LA. The new chief should ask about specific areas in which the LAO can make a difference. For example, commanders and first sergeants may need more routine education about the client problems that occur, how to recognize them, and how to refer them to the LAO. Legal assistance issues may merit incorporation into field exercises. The LAO could benefit from asking commanders to provide feedback about the post's LA delivery. The pre-command course and the noncommissioned officer (NCO) academy may lack an LA component that addresses preventive law, consumer protection, recognition of legal problems, and prompt referral to the LAO.

Before meeting with the SJA, the new chief should critically assess the LAO's personnel issues. The new chief should know what level of support he can expect in terms of personnel strength and intra-office assignments. He should also learn whether the SJA would support his request for a replacement if a member of the existing clerical support staff lacks the skills, intelligence, or responsibility needed for his position. Finally, the chief should understand the circumstances in which the SJA would support him if the chief decides that a request for legal services is beyond the competence of office LAAs and refers the client to civilian counsel.