Each service has varying procedures. Some services, under limited circumstances have an Expanded Legal Assistance Program (ELAP), which allows attorneys from authorized legal assistance offices to provide in-court representation in limited circumstances to eligible active duty military personnel and dependents that could not otherwise afford legal representation. In-court representation is not guaranteed due to limited resources. The client must pay all fees and costs connected with an ELAP case. Because of the time involved and the limited resources available, cases chosen for ELAP usually have a foreseeable impact beyond the individual being represented; e.g., systematic landlord abuse of service members and consumer scams that specifically target service members.

To locate the legal assistance office nearest you click the legal assistance locator button on the web site.

The services provided through the Armed Forces Legal Assistance Program are free to eligible personnel. However, clients are required to pay for all costs associated with their case, such as court costs or agency fees if applicable.

If your question requires the application or interpretation of the law, it will require a lawyer for the answer. When non-lawyers provide legal advice it is called the unauthorized practice of law. The unauthorized practice of law is prohibited by professional ethics and in many states is a criminal act; thus non-lawyer legal officers, paralegals, legalmen, independent duty legalmen, and legal clerks are prohibited from providing legal advice.

Non-lawyer legal officers, paralegals, legalmen, independent duty legalmen, and legal clerks may assist attorneys, but they may not provide legal advice or provide services that call for the professional judgment of an attorney. Non-lawyer personnel may provide assistance not requiring the attention of an attorney, such as notarizations and the preparation of routine powers of attorney using attorney-approved forms.

Yes. Information and files pertaining to legal assistance clients are private and privileged under law and applicable professional rules and guidelines. The information and documents contained in a client's file will not be disclosed to anyone by the attorney providing legal assistance, except upon the express specific permission of the client or when the attorney determines that disclosure is authorized or required by law or applicable rules of professional conduct. The unauthorized release of confidential client information cannot be made lawful by order of superior military authority.

No. Legal assistance is provided to all active duty service members, reservists on active duty for 30 days or more, and retirees from all branches of the service, their lawful dependents. However, legal assistance is provided based upon available resources and personnel.

A legal assistance attorney is a military judge advocate or civilian attorney who is duly licensed to practice law before the courts of one or more state and federal jurisdictions, and is authorized by the Judge Advocate General, to perform legal assistance functions. He or she represents the interests of the individual client concerning personal legal matters.

Legal Assistance enhances the readiness of active duty and reserve members of the Armed Forces, their welfare, by providing quality legal services regarding personal civil legal matters to eligible persons; and by educating eligible persons regarding their personal legal rights and responsibilities. Legal assistance accomplishes its mission by direct client assistance services and a vigorous preventive law program that educates and informs the military community through a variety of creative and stimulating outreach efforts.

The authority to establish and operate the Armed Forces' Legal Assistance Program, as a necessary and proper incidence of accomplishing the Armed Forces mission, has been provided continuously since 1943 by various means, including Secretarial directive, Federal regulation (32 C.F.R. pt. 727), and Federal statute (10 U.S.C. § 1044 Legal assistance is provided subject to the availability of staff legal resources. 10 U.S.C. § 1044(a).

Legal assistance attorneys are prohibited from the following acts:

1. Advising opposing parties on the same issue;

Representation of opposing parties or interests: If two or more eligible persons with conflicting interests seek advice from the same legal assistance office on the same matter, the party first establishing an attorney-client relationship will be provided representation. This rule applies even if the conflicted party who will not be able to receive legal assistance is the military service member. Every effort will be made to refer the party with a conflicting interest to another source of free legal assistance or, if no such source is available, to a civilian attorney.

2. Providing advice on personal business matters;

3. Providing advice on issues or interests in conflict with or opposed to the interests of the United States;
Proceedings involving the United States: Legal assistance attorneys shall not represent or assist an individual in a matter in which the United States has a direct and substantial interest, whether or not the Government's position is adverse to that of the individual.

Advice or assistance in official military matters: Legal assistance duties are separate and apart from responsibilities of trial counsel, defense counsel, or others involved in processing courts-martial, nonjudicial punishments, administrative boards or proceedings, and investigations. Members accused or suspected of offenses or conduct that may result in disciplinary or judicial proceedings under the Uniform Code of Military Justice, or processing for administrative discharges, will be referred to a defense counsel

4. Providing advice over the telephone or via e-mail;

Telephone inquiries and e-mail: Legal assistance ordinarily will not be provided over the telephone or via the Internet except in unusual or compelling circumstances.

5. Providing advice on military justice matters; and

6. Providing advice to third parties.

Advice to third parties: The privileged attorney-client relationship requires personal and private communication. Except when the client is unable to communicate adequately, advice or assistance will not be provided through third parties. For example, each individual client requesting a will must be interviewed personally by a legal assistance attorney prior to execution of the will. When command representatives seek information or assistance on behalf of service members, they shall normally be instructed to have the service member obtain a legal assistance appointment. Bona fide requests for command services shall be referred to the judge advocate charged with providing advice and assistance to the command concerned.

Advice and/or service regarding the following matters are normally available at the legal assistance offices:

(1) Wills, testamentary trusts, and estate planning.
(2) Domestic relations, including divorce, legal separation, annulment, custody, and paternity.
(3) Adoption and name changes.
(4) Immigration and naturalization.
(5) Nonsupport and indebtedness including, communication, correspondence, negotiations with another party or lawyer.
(6) Taxes, including basic advice and assistance on Federal, State, and local taxes.
(7) Landlord-tenant relations, including review of personal leases and communication and correspondence.
(8) Civil suits, including preparation of correspondence, documents and in limited cases pleadings, except that advice and document preparation will not be provided in cases where civilian counsel has been retained. However, in-court representation is precluded, except through the expanded legal assistance program, the availability of which varies in each service.
(9) Servicemembers Civil Relief Act advice and assistance.
(10) Civilian criminal matters, limited to general advice regarding minor
(misdemeanor) criminal matters and traffic offenses within the jurisdiction of the civilian courts.

Other services may include advice and assistance on powers of attorney, real estate, bankruptcy, contracts, consumer affairs, and insurance.

Members of the armed forces on active duty for 30 days or more, including reservists (and members of the National Guard) on active duty for 30 days or more.

Other persons eligible. As resources permit, legal assistance may also be provided to the following categories of people in the order listed:

(1) The spouse and minor children of active duty personnel and of personnel who died while on active duty.
(2) Retired military personnel.
(3) Spouses and minor children of retired members
(4) Spouses and minor children of deceased retired members.
(5) Reservists on active duty for single periods of 29 days or less and their spouses and minor children may be provided legal assistance in emergency cases.
(6) For the purpose of enhancing the readiness of Reserve personnel for mobilization, premobilization legal counseling and assistance may be provided to active duty or inactive Reserve personnel consistent with mobilization readiness needs. Premobilization assistance normally will consist of drafting or updating wills, advance medical directives, and powers of attorney. Premobilization legal assistance services are not authorized for family members.
(7) Civilian personnel who are United States citizens, other than local hire employees, employed by, serving with, or accompanying the Armed Forces of the United States, when they are assigned to a foreign country or to a vessel or unit of the Armed Forces of the United States deployed in excess of 30 days.
(8) Spouses and minor children accompanying authorized civilians listed in subsection (7) above.
(9) Members of allied forces and their family members in the United States, serving with the Armed Forces of the United States.
(10) Other persons authorized by the Judge Advocate General of the respective Services.

The legal assistance program promotes increased readiness of active duty and reserve members of the naval service, and enhances the morale and quality of life for military personnel, family members, and other eligible clients, through provision of in-office attorney advice, aid, and referral services, and vigorous preventive law activities.