Types of Legal Consultations for Military Problems: Which Help Fits Yours?

Sort the problem before you pick the lawyer. A court-martial, separation, NJP, or reprimand goes first to your service’s defense office. Wills, leases, divorce advice, debts, and powers of attorney go to legal assistance. A sexual assault victim can ask for a Special Victims’ Counsel. A VA claim needs a VA-accredited representative. Civilian court cases and lawsuits against the government need an outside lawyer.

Sources checked: September 26, 2026

Start with the problem, not the lawyer

Each military legal office handles a defined set of problems, and the wrong door costs you time you may not have. The table routes the common ones.

Your problem	First stop	Cost to you	When outside help comes in
Questioned about an offense, preferred charges, Article 32 hearing, court-martial	Defense office: Army TDS, Navy or Marine Corps DSO, Air Force ADC	None	If you want to add a lawyer you choose and pay
Administrative separation, board of inquiry	Defense office	None	Same
Nonjudicial punishment (Article 15, NJP, captain's mast)	Defense office, before you decide	None	Army and Navy describe a spokesperson, not a lawyer, at the hearing; see below
Letter of reprimand, referral evaluation, security clearance revocation (Air Force list)	Air Force ADC; other services, ask the defense office	None	If the defense office says the action is outside its scope
Will, power of attorney, lease, consumer debt, identity theft, divorce or custody advice, SCRA rights	Legal assistance office	No fee, for eligible people as staff resources allow	When you need someone to appear for you in civilian court
Victim of an alleged sex-related offense	Special Victims' Counsel	Designated by the service	Not covered by these sources
VA disability or other benefits claim	VA-accredited representative	VSO representatives free; attorneys and claims agents only after an initial decision and a signed fee agreement	When you choose an accredited attorney or agent
Civilian criminal charge, private business dispute, lawsuit against the United States	Civilian lawyer	You pay, unless referred pro bono	From the start

Sources for the table: Navy JAG Defense Services FAQ, Marine Corps DSO, <a href="https://www.afjag.af.mil/Portals/77/documents/JAJD/ADCInfo.pdf?ver=2020-02-19-155834-377″>Air Force ADC information, <a href="https://home.army.mil/rucker/5015/4533/6192/AdministrativeSeparationsFactSheet.pdf”>Fort Rucker separation fact sheet, Fort Bragg Legal Assistance Office, 10 U.S.C. 1044e, VA accredited representative FAQs, <a href="https://www.americanbar.org/groups/legalservices/milvets/abahomefront/informationcenter/workingwithlawyer/informationaboutlawyers/militarylegalassistance/civilmatters/”>ABA Home Front.

Two cautions about the table. First, the defense offices quoted are those of the Army, Navy, Marine Corps, and Air Force; Coast Guard and Space Force members should confirm their own offices. Second, each office’s list is its own. The Fort Bragg legal assistance office, for instance, does not take “Military Justice Matters, Civilian Criminal Issues, Private Business Activities (including Landlords), Employment Matters (other than USERRA), or Litigation against the United States.” Another office may draw the lines a little differently, so call ahead.

If you are offered NJP

Nonjudicial punishment moves fast, and the choice at its center is yours. Federal law gives you the right to turn down NJP and demand a court-martial instead, unless you are “attached to or embarked in a vessel” (10 U.S.C. 815). The Army’s fact sheet puts it plainly: “A soldier may, however, refuse to accept the Article 15 and instead demand trial by court-martial” (<a href="https://home.army.mil/rucker/8315/4533/6193/Article15FactSheet.pdf”>Fort Rucker Article 15 fact sheet).

That right cuts both ways. NJP is decided by your commander without a trial; a court-martial is a criminal trial with its own possible outcomes. Which risk is smaller depends on the evidence and the charge, which is exactly what the free consultation is for. The Navy lists “the right to confer with an independent attorney” before NJP (Navy JAG).

At the hearing, expect a spokesperson rather than a lawyer: the Army lets you “have a non-lawyer act as your spokesman,” and the Navy lists a right “to be accompanied by a spokesperson.” If you accept NJP and think the punishment is unjust or out of proportion, the statute lets you “appeal to the next superior authority.” The time limit for that appeal is collected with the others in which deadlines are running on your matter.

Who can use legal assistance

Federal law lets the services provide legal assistance “in connection with their personal civil legal affairs” to active-duty members, to “Members and former members entitled to retired or retainer pay or equivalent pay,” and to dependents of both, and it does so “Subject to the availability of legal staff resources” (10 U.S.C. 1044). Retirees and their families are among the eligible groups; being eligible is not a guarantee that a given office can take a given matter, which is why calling ahead matters. Former members without retired pay are not on that list, apart from a limited group of reservists after release from active duty, so a veteran who left before retirement starts with a VA-accredited representative for VA claims or a civilian lawyer for other matters.

To find an office, the Armed Forces legal services locator lets you “locate active duty legal activities offering general legal services within the continental United States (CONUS)” by zip code and branch (AF Legal Services Locator). The locator covers the continental United States; for service abroad, legal help abroad covers where to start.

Legal assistance lawyers advise and draft; the ABA notes that a legal assistance lawyer “typically will not represent you in court,” but “may be able to connect you to a non-military lawyer who can represent you pro bono (free) or for a fee” (<a href="https://www.americanbar.org/groups/legalservices/milvets/abahomefront/informationcenter/workingwithlawyer/informationaboutlawyers/militarylegalassistance/civil_matters/”>ABA Home Front).

If you are a victim of sexual assault

Federal law requires each service to designate Special Victims’ Counsel to provide legal assistance to victims of an alleged sex-related offense “regardless of whether the report of that offense is restricted or unrestricted” (10 U.S.C. 1044e). That includes “Representing the victim at any proceedings in connection with the reporting, military investigation, and military prosecution” and advice on your own potential exposure arising from the circumstances. Whether a report can stay confidential depends on whom you tell and whether you have already reported to law enforcement; which conversations are protected explains restricted and unrestricted reporting.

If you are filing a VA claim

Anyone who helps you prepare and pursue a VA benefits claim as an agent or attorney must be accredited by VA (38 C.F.R. 14.629). VA accredits three kinds of representatives: “Veterans Service Organization (VSO) representatives, attorneys, and claims agents.” Its guidance is clear on money: “The services that an accredited VSO representative provides on your VA benefit claim are always free.” Attorneys and claims agents can charge only after VA has decided your initial claim and has a fee agreement signed by both of you (VA).

If the real problem is the discharge itself rather than the claim, the route runs through the review boards; the review-board route for discharges is the path to read next.

When a civilian lawyer is the first call

Some problems start outside the military offices: an arrest by civilian police, a lawsuit in state court, a business dispute, or a claim against the United States. None of those appear on the defense or legal assistance lists quoted above. For military proceedings, a civilian lawyer is an addition you choose; how that works, and why “JAG can’t help against the military” is a mix-up of two different offices, is set out in choosing between military and civilian defense counsel.

If you know which office your problem belongs to, you know your next call. If it could belong to two, start with the free one that handles the more serious risk; that office will tell you whether the other applies. This page sorts problems in general and is not advice on your case.