Legal Question in Military Law in Massachusetts

Re: Court Martial

You have a right to expect your military (JAG) attorney to respect the confidentiality of what you tell them within the Attorney/client privilege, unless and until you specifically authorize it's disclosure. Discuss this frankly with your attorney and if not satisfied request new counsel be assigned. If still not satisfied you may retain civilian counsel at your own expense for a further opinion. Good luck!

Re: Court Martial

Because you have an attorney already assigned, and an attorney-client relationship with him, it would be improper for anyone to give you legal advice. You should speak with your appointed counsel about this matter.

What follows are personal observations.

A military lawyer has a duty to hold anything you tell him in strictest confidence. However, he also has a duty to the legal system to prevent you from lying under oath. For example, if you told him that "the light was red" in your meeting with him, and then testified that "the light was green" he could not allow you to perjure yourself. Generally speaking military attorneys are very ethical, exceptionally well-motivated attorneys. If information is getting back to your command, I would not suspect the assigned attorney.

Again, do not construe any of this as legal advice. Rather, speak with your assigned counsel, get the matter out in the open, discuss it, and rely on your attorney's advice on this matter.

Re: Court Martial

I generally agree with Mr. DeWitt's response to you, with one exception. It WOULD be improper for another attorney to give you advice about handling specific issues involved with your up-coming court-martial. But, You are entitled to seek a second opinion as to the "general" issues involved - here the nature and scope of the attorney-client privilege in the military.

Military Attorneys [JAGs] are licensed by their own State Bar, and thus, must first of all comply with the State's ethical rules. There are really 2 issues in your question. The "attorney-client privilege" does indeed apply in the military the same as it applies anywhere else - what you tell your JAG attorney "in confidence" cannot legally be revealed without your specific permission. Any violation of that privilege is a VERY serious matter.

The second issue, while related, deals with information that your attorney may learn about you or your case, but from sources OTHER than you. If that information could be detrimental, damaging or embarassing to you, the attorney again, cannot reveal that without your express consent.

My "advice" to you is that if you are having concerns, to discuss them with your attorney - he or she may think that you have consented to the release of certain information, or your perceptions might be wrong. The bottom line is that no attorney-client relationship will work unless you trust your attorney and you need to either work on improving that or seek new counsel.

Good luck.