November 1st, 2011 
admin Question by R: Can military lawyers provide legal advice to civilian clients who are not eligible receive legal assistance?
If military lawyers are not allowed or authorized to provide legal advice to civilian clients who are not eligible to receive legal assistance then is it also unethical if the lawyer claims attorney-client privilege? A USAF colonel attorney agreed to provide legal advice to a foreign national civilian that have no association with the armed forces in which the civilian accused an active military member of alleged wrongful acts. The colonel gave the civilian legal assistance and openly claimed attorney-client privilege when asked refused to testify in trial due to unavailability and privilege. Can the colonel be brought up on charges for unethical conduct? Thank you for any response.
Best answer:
Answer by Janella
client privilege does not apply here, because there is no client. he can be subpoenaed as a hostile witness and be forced to testify, or loose his career- and your friend doesn’t mean that much to him.
What do you think? Answer below!
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Not correct charge. No matter, if assistance was given the client confidentiality cannot be over ridden even in a case of treason or murder or anything else. Unethical would be if he disclosed information or did not perform duties to the best of his ability. He has only violated a protocol and direct orders concerning who he can represent while serving in the military as a lawyer. Slim to no chance the charges will be pursued.
He can be charged with Practicing Law with Out a License in that state…
Also be charged with “Disobedience to Lawful/Standing Orders”…
Failing to Protect the Troops and the Armed Forces of USA…
(Which is his ONLY Concern…by the UCMJ…)
To do otherwise is a Criminal act on his Part…
Basically his career is over…
also loss of any License to practic he holds…
Legally he could be a lawyer to whomever. although career wise that defiantly has the chance of being harmful if his chain of command ever found. If it was just advice I doubt his career is over.
He has a 5th amendment right even being in the military, which means he cannot get in trouble for refusing to testify, he could just refuse to testify, it was nice of him to actually provide a reason to those who asked
He may be sub pena’d to appear in court at which he must do, it is a valid order, but he does not have to testify, even if someone ordered him to testify, that is an unconstitutional order, therefor an illegal order, meaning he will not get in trouble for disobeying, but is expected to. Surly though a lawyer would know this.
I just find it Ironic your asking legal advice for an attorney on Yahoo. Im sure its just curiosity though
He can provide whatever legal ‘advice’ he wants to any civilian – outside of duty hours.
If he wants to claim attorney-client privileges, then he runs into issues regarding being able to practice law, that is not duty related, in whatever state he is in. He also runs into issues of having to testify in a civilian court during duty hours on an issue that he has no military interest in.
Who is going to bring the Colonel up on unethical charges? Not the military, as long as he was doing the advising on his own time. The civilian court on the other hand, may view his actions as contempt of court and react accordingly.