I was perusing the legal ethics in military justice symposium that I posted a while back. I revisited this article about the "house divided" -- tensions between civilian and uniformed defense counsel. Murdough writes: "The military justice system puts its uniformed MDC in this position, and therefore, the military services should provide their MDC with more comprehensive ethical standards and guidelines to include explicitly permitting, if not directing, MDC to share concerns about a CDC’s performance with their client. Congress and the President should reform Article 38 and its implementing regulations to ensure CDC cannot assume that MDC will shore up their inadequate performance." This is a bit strange to read, because every story that I hear is one of an experienced civilian defense lawyer dealing with a new military lawyer. The impediments to gaining experience have been well documented in past posts by Don Christensen. Which is the bigger problem: inexperienced civilian defense counsel or inexperienced uniformed defense counsel? Anecdotes welcome.
Read Don Rehkopf's article, THE CARE AND FEEDING OF YOUR CIVILIAN DEFENSE COUNSEL, here.
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