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The Army Lawyer | Issue 4 2020View PDF

Using RCM 703A to Build a Better Case

An unknown suspect. An uncorroborated eyewitness account. An encrypted device. What is the common thread between these unrelated investigative issues? The solution to all three can often be found in digital evidence maintained by third-party service providers. Evidence that trial counsel can now obtain.

Why Scholarly Publishing Matters for JAs

Military lawyers often have valuable experiences and original ideas that could make important contributions to the law, the military, and society; but, it takes motivation and—some may argue—knowledge of the inside game to get those ideas published and shared. 

No. 2: Assessing Leaders from the Bottom Up

Our sons and daughters of this nation deserve good leadership. If you look at readiness, if you look at combat power, the most important element of that is not technology. It’s not the guns, the planes, the ships. It’s not the weapons. It’s not the computers. It’s the people, and, most importantly, it’s the leaders.

No. 1: Considerations for the New Contract Trial Attorney

You are the newest trial attorney in the Army’s Contract and Fiscal Law Division (KFLD). You’ve gotten up to speed on all the ongoing cases you inherited upon your arrival and are working through the issue of entitlement for a particular appeal before the Armed Services Board of Contract Appeals (the Board or ASBCA). 

No. 3: Exceptions to Ex Parte Communications

[The no-contact rule] contributes to the proper functioning of the legal system by protecting a person who has chosen to be represented by a lawyer in a matter against possible overreaching by other lawyers who are participating in the matter, interference by those lawyers with the client-lawyer relationship, and the uncounseled disclosure of information relating to the representation.

No. 4: Jack of All Trades, Master of One

In 2017, Lieutenant General (LTG) Charles N. Pede, The Judge Advocate General (TJAG) of the Army, announced a shift in the Army Judge Advocate General’s Corps (JAG Corps) career model to deliberately develop expertise in one or two particular areas.

No. 5: How 9/11 Changed the JAG Corps Forever

As the Regiment looks back, it is remarkable to think about how the Judge Advocate General’s (JAG) Corps was catapulted into the deep, complex, and intense legal environment that ensued as a result of the events that took place on 9/11—and why it matters.

Closing Argument: The Calm in the Storm

The concept of judge advocates providing principled counsel has long been part of the culture of our Judge Advocate General’s (JAG) Corps, even though we did not term it as such. Often, we may have taken it for granted, but it was always there.