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Law This program is open to college seniors, law students, and bar certified lawyers. You must meet the basic requirements for the PLC ground program and achieve a minimum score of 150 on the Law School Aptitude Test (LSAT). After completing a ten-week session at OCS, you are commissioned as a Second Lieutenant in the Marine Corps and placed on inactive duty without pay or allowances while you complete your law degree. You will receive credit for your time in service for promotion and pay purposes while you are in law school. Upon graduation from law school and admittance to the state bar of your choice, you will attend The Basic School, followed by the Naval Justice School in Newport, Rhode Island. When you comlete this training, you will serve as a Judge Advocate (attorney) for the Marine Corps. As a judge advocate, you will have the opportunity to work in a variety of fields such as international, criminal, environmental, labor and family law, and you will make an impact very early in your career. Your initial assignment will most likely be in the courtroom, as either a prosecutor or as a defense counsel in military courts-martial. As you gain experience, you may also have the opportunity to serve as a military judge, overseeing courts-martial spanning a range of appellate cases. Frequently Asked Questions: 1. How is service as a Marine lawyer viewed by prospective civilian firms? Experience gained as a Marine Judge Advocate can be parlayed into a good employment opportunity, as evidenced by our many Reserve Judge Advocates who have left active duty military practice for successful civilian careers. Service as a Marine Lawyer is looked on very favorably. To many, especially those involved with litigation, it is an asset. 2. Are Marine lawyers involved in fields such as environmental, contract, or labor law? Yes, with increasing regularity. We are rapidly developing a cadre of judge advocates with specialized training and experience in these disciplines, many acquiring their LL.M. through the Marine Corps Special Education Program. 3. Will I get experience as a trial lawyer? Litigation experience has traditionally been the "building block" of Marine Judge Advocates. As a Marine lawyer you will be in the courtroom. 4. Will I be limited to defense or prosecution during my first tour or will I be allowed to diversify? The typical Marine lawyer begins practice as a trial lawyer, prosecution or defense. How long and to what extent he/she performs these duties depends upon the needs of the command. It is common for a "first-termer" to also be exposed to other facets of practice as a military lawyer. 5. When do I start practicing? After law school graduation and admission to the Bar of any state or the District of Columbia, you will be assigned to advanced officer training at The Basic School (TBS). Upon completion of TBS you will undergo specialized training in military law at the Naval Justice School (NJS) at Newport, R.I. Following this 9-week course you will report to your first command and begin practice. 6. What do Marine lawyers do beside trial and legal assistance work? The role of the Marine Judge Advocate is not limited to legal support, exclusively. Our lawyers currently are serving in a variety of "non-lawyer" positions, from Commanding Officers, to instructors at service schools, to staff positions. The practice of our "law firm" is likewise diverse. We do appellate advocacy, provide counsel to high-level officials in the Defense Department and Federal government, review contracts, sit as judges in courts-martial, and myriad other legal activities. 7. Will I ever be required to serve in combat? The majority of lawyers serving in the Marine Corps do so in a combat service support capacity. This means they provide service to the operating forces. The need for quality legal support in the modern hostile environment, to serve our own as well as to fulfill our moral and legal obligations to all affected by hostilities, is beyond question. In addition, as unrestricted officers of the line, we may be called upon to do more than provide legal support. Simply stated, wherever Marines go, Marine Judge Advocates go with them. 8. What is Naval Justice School? NJS is designed to introduce the new military attorney to the particulars of military law, with a heavy emphasis on criminal law, procedure, evidence, and trial techniques. Moot courts and practice exercises are employed to emphasize the substance derived from classroom lectures. 9. How much opportunity is there to obtain experience in front of a jury? A basic tenet of our Constitutional system is the right to a trial, bench or jury. The choice is one for the accused, with the advice of counsel. A "bench" trial in the military is called "trial by military judge alone." The equivalent of a jury trial under the UCMJ (Uniform Code of Military Justice) is "trial by court members." The member selection process is similar to that in U.S. District courts (i.e. voir dire, challenges for cause, preemptive challenges). The members determine the guilt or innocence of the accused, upon appropriate instructions given by the military judge. 10. How much autonomy do military lawyers have in handling their cases? We are bound by the same ethical constraints as our civilian counterparts. An accused person is entitled to assigned military counsel. If "detailed" (appointed) as his/her lawyer, it is your case. As a Marine attorney, it then becomes your duty to represent him/her zealously within the bounds of the law. Once a court is convened and charges are referred to it (the equivalent of filing of information or the return of an indictment), the trial counsel (prosecutor) must proceed in accordance with the Rules of Professional Responsibility and the ABA Standards for the Prosecution Function. 11. What type of cases will I handle? As a trial counsel you will prosecute or defend criminal cases covering the gamut of common law crimes, federal crimes contained within Title 18 U.S. Code, and military offenses set forth in the UCMJ, Title 10, U.S. Code. As a legal assistance attorney, you will handle probate, domestic tort and consumer matters concerning individual Marines. If you are involved in labor, contracts, environmental or international law, naturally those statutes and regulations pertaining to these respective disciplines will govern your efforts. Later, should you be assigned as a Special Assistant U.S. Attorney, or as a Marine lawyer to the Judge Advocate General of the Navy, you will be working for the Department of Justice in civil and criminal matters concerning the Naval Services. 12. What is court-martial practice like? Practice in a military courtroom is very similar to Federal practice; our substantive, evidence and procedural law closely parallel Federal law. 13. Is there any opportunity to litigate civil cases? A program called the "Expanded Legal Assistance Program" (ELAP) has been implemented at several of our commands. Many Legal Assistance Attorneys now offer services to our Marines that extend beyond the law offices and into the local civil courts. 14. What will my grade (i.e. rank) be? Generally, the Marine Corps recognizes a judge advocate's professional legal education before commissioning by granting "constructive commissioned service" toward promotion. "Constructive commissioned service" is a year of credit, for promotion purposes, for each academic year of law school completed (up to 3 years) while not in a commissioned status. 15. How much will I be paid? Pay is based on grade (rank) and longevity in the service. A current-year pay scale is available at your Officer Selection Office or online. 16. Do I have to remain in the judge advocate field? Unlike the "JAG Corps" of other services, Marine lawyers are unrestricted officers of the line. The Basic School provides the common denominator that binds all Marine Officers, be they aviators, infantry, supply or lawyers. Marine lawyers, therefore, can and do serve the Marine Corps in a variety of leadership positions in addition to providing legal services. 17. Why do I have to attend OCS and TBS? These two training evolutions are required to be satisfactorily completed by all Marine unrestricted officers. Again, this is the common denominator we share with our peers, and distinguishes Marine Lawyers from their counterparts in the other services. 18. What percentage of Marine lawyers remain on active duty through retirement? Currently the retention rate is high among our officer corps, and judge advocates are no exception. Budget limitations and applicable statutes make competition very keen. As with other career fields, more judge advocates attempt to remain on active duty than the Marine Corps is permitted to retain. As a result, we have developed an extremely high quality Reserve Judge Advocate force, comprised of superb lawyers and dedicated officers who desire to continue to participate and serve in the Marine Corps. 19. Where will I be stationed? Are there overseas opportunities? What are the chances of being assigned my Duty Stations of choice? How often will I be transferred? Where there are Marines, there are Marine Judge Advocates. Generally, the first tour is spent at one of our larger law offices at a major base. As some of the larger commands are overseas, principally Okinawa, Japan, some of our new judge advocates do begin their careers abroad. Your first assignment is determined by a number of factors: your personal preference balanced with the needs of the Marine Corps, any special qualifications you may possess, your state bar admission, and performance at The Basic School. Recently, we have been very successful in assigning our new lawyers to one of their chosen geographic locations. The frequency of transfer depends on your initial duty assignment. If your first tour is overseas, you will most likely be returned to a state-side duty station after 1 year. If you begin service in the continental U.S. or Hawaii, then you can expect to complete your initial 42 months of active duty obligation at that location. While assigned to a state-side command, you may have an opportunity to participate in a 6-month assignment with a unit deployed overseas. If you remain on active duty after your initial 42 months, you can expect to be transferred every 2 to 4 years. This is a very general guideline, subject to many exceptions. |
