Lesson 15 of 16 Phase 3: The consultation
Preparing for a Military Legal Consultation: What to Bring and What Not to Do
In this lesson: 5 sections
If you are suspected of an offense, the most important preparation happens before you find your documents. You have the right not to make a statement, and a free talk with a defense lawyer first keeps that choice open; contacting witnesses about the case can be treated as obstruction; and notes written for your lawyer stay protected only if you keep them between the two of you. Then bring every paper you were handed, a one-page timeline, and your questions.
Sources checked: September 26, 2026
If you are under investigation: three choices to make before the meeting
These apply whether the matter could become a court-martial, NJP, or a separation. Each rests on a rule quoted below; how it applies to your facts is the first thing to ask the defense lawyer.
Whether to make a statement. Under Article 31(b) of the Uniform Code of Military Justice, no one subject to the code may question you as a suspect without first “advising him that he does not have to make any statement regarding the offense of which he is accused or suspected and that any statement made by him may be used as evidence against him in a trial by court-martial” (10 U.S.C. 831). Telling the questioner you want to speak with a lawyer before answering is one way to use that right while you get advice. The consultation with your branch’s defense office is free in the Army, Navy, Marine Corps, and Air Force; how the defense offices work explains who they are.
Whether to contact witnesses. It can feel like gathering your side of the story. The law sees it differently when proceedings are pending or expected: obstructing justice covers conduct toward a person “against whom the accused had reason to believe there were or would be criminal or disciplinary proceedings pending, with intent to influence, impede, or otherwise obstruct the due administration of justice” (10 U.S.C. 931b). Intent is the question a prosecutor would argue about, and you do not want your text messages to be the evidence. Write down who the witnesses are and what you think they know; let your lawyer decide who contacts them and how.
Who sees your notes. The lawyer-client privilege covers confidential communications between you and your lawyer made to get legal help, and “confidential” means “not intended to be disclosed to third persons” beyond those involved in providing the legal services (MRE 502). A timeline you write for your lawyer and hand only to your lawyer fits that description. The same events posted in a group chat, told to a friend, or explained to your supervisor do not. Who else can and cannot keep a conversation confidential is laid out in the confidentiality guide.
What to bring, by type of matter
Bring originals if you have them and a copy you can leave behind. If you were handed something and are not sure it matters, bring it.
| Your matter | Bring |
|---|---|
| Investigation or possible court-martial | Any rights advisement you signed, the charge sheet (DD Form 458) if charges have been preferred, orders or notices you received, a list of possible witnesses with what each might know |
| Nonjudicial punishment | The NJP notification and every form you were given; read them with counsel before you decide |
| Administrative separation | The notification memo, counseling statements, evaluations, awards and certificates, and names of people who could write statements for you |
| Discharge, records, or VA question | Your DD-214 (the unedited copy), service and medical records you have, any VA letters or decisions |
| Family, estate, or housing | Marriage certificate, children's birth certificates, existing wills or powers of attorney, lease, current orders |
| Debt, contract, or consumer problem | The contract, account statements, letters from the creditor, your orders if deployment or a move is involved |
The charge sheet is DoD Form 458 (DD Form 458). The distinction between DD-214 copies is explained on the discharge and benefits page. For a separation, the Army tells soldiers “You have the right to submit statements in your own behalf” (<a href="https://home.army.mil/rucker/5015/4533/6192/AdministrativeSeparationsFact_Sheet.pdf”>Fort Rucker fact sheet), which is why names of people who could vouch for you belong on the list.
Build a one-page timeline
A lawyer’s first hour goes further when the facts are already in order. Write one line per event:
- Date, as exact as you can make it.
- What happened, in one sentence, without argument.
- Who was there.
- What paper exists about it: an email, a counseling form, a text.
Mark what you know firsthand and what you heard from someone else. Leave out what you think it proves; that is the lawyer’s job, and a timeline that argues is harder to use. Label it at the top as prepared for your lawyer, and give it only to your lawyer.
Questions worth bringing
A consultation is also your chance to find out what you are facing. Four questions cover most first meetings:
- What exactly is the proposed action, and who decides it?
- What is the next deadline, and what happens if I miss it?
- What should I not do or say while this is pending?
- Is this inside your office’s scope, or do I need another office?
Deadlines differ by matter and some are short; the Army’s separation paperwork, for example, gives seven duty days from the date you see an attorney. The main ones are collected in the deadlines page.
Sending documents ahead
Ask the office how it wants documents delivered before you email anything that includes your Social Security number, medical information, or statements about the case. Keep a copy of everything you send and a note of when you sent it.
If you are under investigation, the first appointment is the preparation; do not wait until your papers are organized to call the defense office. If you are not, the timeline and the table above turn a first meeting into a working one. This page covers preparation in general; your lawyer will tell you what matters in your case.