Christopher Shaw is a retired Marine colonel who served as a military lawyer, representing the Marine Corps and the individual rights of those who served. In the following article, Chris Shaw, a former Marine, discusses how military attorneys represent the U.S. Marine Corps and advocate for the rights and interests of service members.

On the surface, military lawyers are similar to civilian lawyers. Like their civilian lawyer counterparts, military attorneys attend civilian law school, must pass civilian state bars, and adhere to state specific attorney ethics and professional responsibility requirements. Additionally, a military trial looks a lot like most civilian criminal trials, with the exception of the participants wearing military uniforms. However, the similarities end here.

First military attorneys are members of the armed forces and must not only obtain all the education and credentialing required of a civilian attorney, but they must also pass the strict medical, physical fitness and moral requirements essential to serve in the armed forces. Second, military lawyers operate in the military justice system that is based on the Uniform Code of Military Justice (UCMJ). Finally, the military lawyer practice areas are numerous and are conducted all over the globe during peace and at war.

It’s stricter in many ways, requiring professionals to not only have a deep understanding of it but also advocate for service members’ rights.

Service members are always subject to the UCMJ, sometimes even if the issue doesn’t involve the military. As such, they often seek the help of this unique subset of lawyers, making them a highly in demand profession.

Marine Chris Shaw Explains the Common Tasks of Military Lawyers

Otherwise known as Judge Advocates, military lawyers offer legal advice while representing the military as an entity, military service members and in certain circumstances, their families. Thus, they play a crucial role in ensuring that the military complies with domestic and international laws, as well as offering guidance and advocacy to military personnel.

Colonel Christopher Shaw Retired, says that the most common tasks of military attorneys include the following:

• Offering commanders and their staff legal advice on military operations and missions
• Advising commanders and their staff on legal methods to maintain good order and discipline within their units
• Investigating and prosecuting crimes committed by military service members including assault, theft, homicide, and war crimes
• Representing military personnel accused of wrongdoing at administrative hearings, court-martial proceedings, and other legal procedures
• Providing legal assistance to servicemembers regarding civil issues such as wills, powers of attorney, divorce, tax and adoption

All military attorneys are also officers in the military. Officers who are leading the force tend to enter the military following completion of a four-year college degree. Although already enlisted service members can transition to officer roles, thanks to a variety of pathways, even earning a degree while serving the country. In addition to obtaining a four-year degree, prospective military lawyers must also complete law school and pass a state bar to begin the training to become a military lawyer.

Colonel Chris Shaw Marine says that to become a military lawyer, each service requires their lawyers to undergo training at the Judge Advocate General’s Legal Center for Army personnel, The Judge Advocate General’s School for Air Force personnel and the Naval Justice School, Navy, Coast Guard and Marine personnel.

At each of these schools, military lawyers learn the fundamental principles of military justice, civil and administrative law and procedure. This training includes military trial procedures, ways to obtain evidence, court-martial advocacy techniques, and the application of the UCMJ. In addition, they undergo comprehensive training programs detailing military structure, etiquette, responsibilities, traditions, military history and leadership development. For the Marines they must also complete a six month physically grueling program that teaches them how to lead in combat environments.

Aside from strong legal expertise and knowledge, Christopher Shaw says that military lawyers must have a strong sense of who their client is. All military attorneys are paid by the United States government; however, in different instances, the client could be an individual service member, a service member’s spouse or the U.S. Government in the form of a military entity.

Especially when the attorney is representing a military unit such as a battalion, ship, base, division or even the Department of the Navy, vigilance must be used to ensure one is representing the interest of the US government and not the interest of the commander or leader who is often, but not always the voice of the US government.

The Importance of Military Lawyers

Modern battlefields are not only physically dangerous, they also can be legally perilous. It’s not uncommon for active-duty members to come under legal scrutiny for actions performed during a mission. With the proliferation of cell phones and international war crimes tribunals, military actions on the battlefield are now scrutinized by a broad court of public opinion and the International Criminal Court. And who helps them navigate proceedings and achieve the most desirable outcome? Military
lawyers.

In this context military lawyers can act as the conscience of military forces to help military leaders apply lawful force during combat missions in ways that fall squarely within international legal norms. This way when commanders face highly complex problems, they can use legally viable operations that advance military objectives while protecting civilians from physical harm and military members from accusations of violating human rights.

Colonel Chris Shaw Marine explains that this isn’t where their importance ends.
All active-duty members, activated reservists, and serving members of the Guard are subject to the UCMJ at all times.

All times means in the United States and abroad, while working or on liberty or leave and during peace or in combat. For these reasons military members often seek legal advice from military lawyers to ensure they know what right looks like. Although the UCMJ is extensively detailed it may not always seem clear to the soldiers, airmen, sailors, and Marines that serve under its rules. So, these professionals act to help service men and women understand the intricacies of the law.

Advocates for Service Members’ Rights and Best Interests

Ultimately, military lawyers are the go-to individuals for active-duty members when they find themselves in less-than-desirable situations or simply need some advice on whether they’ve been treated fairly under the UCMJ.

Chris Shaw, a former Marine, notes that through thorough understanding of the military codes and legislations, these legal professionals advocate for service members’ rights and best interests. From guiding them through legal proceedings to ensuring they are treated as they deserve, military lawyers have a lot on their plate.
Nevertheless, they’re always proud to serve.