Block III - Legal Assistance & Preventative Law Flashcards
What is AFI 51-304?
Legal Assistance, Notary, Preventative Law & Tax Programs
What is AFI 51-110?
Professional Responsibility Program
What is DoD 5500.07-R?
The Joint Ethics Regulation
Explain the principles of the Air Force legal assistance program (W)
Purpose: To support and sustain command effectiveness and readiness
Recognize matters that fall within the scope of the legal assistance program (W)
Commonly encountered matters, but not an exhaustive list:
Wills, advance medical directives, POAs, notary services, family law, dependent care issues, immigration & naturalization law, adoption, financial responsibility, domestic relations, SCRA, Veterans’ Reemployment Rights, casualty affairs, landlord-tenant issues (not for clients who are seeking advise for real estate documents or are renting home(s) out as part of a personal commercial business), consumer affairs, taxes, and issues that are deemed connected with personal civil legal matters by TJAG, MAJCOM SJAs, NAF SJAs, commanders, or the base SJA
Describe the proper procedures to determine a client’s eligibility for legal assistance (W)
ID - ask client for military identification.
Issue - determine the nature of the problem
Input - if they are entitled to legal assistance, input their information into WebLIONS
AFI 51-304, paragraph 2.3 outlines who is eligible for legal assistance, but who are some that are eligible?
AD members & their dependents
AFRES on Title 10 orders and their dependents
Retired personnel and their dependents
DoD civilian employees deploying to or in a theater of operations (Wills and POA only)
Civilian contactors deploying or in a theater of operation who can produce a contact that requires govt to provide legal assistance
Inactive reservists or ANG mbrs who are subject to fed mobilizational in an inactive status can receive mobilization and deployment-related assistance. (Dependents of these members are not authorized assistance until member is on Title 10 orders)
Foreign military personnel, under certain circumstances
Civilian employees of the DoD and the military departments assigned outside of the US and its territories and their dependents residing with them
Specifically, what makes a foreign military member eligible for Legal assistance according to AFI 51-304
AFI 51-304, Legal Assistance, Notary, Preventative Law, and Tax Programs
- 2.3.8. Foreign Military Personnel.*
- 2.3.8.1. Foreign military personnel, and their dependents residing with them, assigned to the United States either permanently or temporarily under official orders for purposes of combined missions with United States personnel or for training in programs sponsored by the United States. This assistance does not extend to foreign military personnel present in the United States solely to carry out another nation’s unilateral mission, such as use of ranges on a United States installation to test the foreign nation’s weapons system without the participation of United States personnel in the training.*
2.3.8.2. Assistance provided under this section should be limited in scope to matters involving the interpretation or application of United States domestic law only. Such matters involve issues pertinent to a person’s relocation and requirement to be present in the United States to carry out official duties. Examples include but are not limited to landlord-tenant, consumer affairs, driver’s licenses, customs, tax relief, and similar assistance. Assistance should not be provided for matters implicating the laws of the sending state, such as wills and domestic relations, nor should any legal assistance be provided on matters that would impact the person’s status in the United States.
According to AFI 51-304, Legal Assistance, Notary, Preventative Law, and Tax Programs, can the executor, personal representative, administrator, or legally-recognized estate representative of servicemembers who die on active duty receive legal assistance for matters regarding settlement of estates and tax assistance?
Yes
- 3.6. Estate Representatives/Survivors.
- 3.6.1. The executor, personal representative, administrator, or legally-recognized estate representative of servicemembers who die on active duty or as a result of an injury or disability that resulted in retirement from active duty regarding matters relating to the settlement of estates, including tax assistance. When uncertainty exists about the status of the estate representatives listed in this paragraph, or when determined as appropriate by the Staff Judge Advocate, legal assistance shall be provided to the primary next-of-kin to the same degree as noted in this paragraph.
- 3.6.2. Survivors of a deceased member or former member described in paragraphs 2.3.1., 2.3.2.1., 2.3.2.2., and 2.3.4. who were dependents of the member or former member at the time of the death of the member or former member or otherwise entitled to a military identification card.
What clients take priority for legal assistance?
Deployers and individuals that are mobilizing.
AFI 51-304, para 2.4 “…Mobilization- and deployment-related legal assistance is not determined by the subject matter of legal assistance provided, but by the relationship between command readiness and the potential impact on the member’s ability to perform duties if legal issues are not addressed prior to deployment.”
What makes a unique situation eligible for Legal Assistance according to AFI 51-304, Legal Assistance, Notary, Preventative Law, and Tax Programs
2.3.9. Unique Situations. When beneficial to the military services, Staff Judge Advocates may authorize legal assistance to persons not specifically identified above as an eligible beneficiary.. These situations must involve people who have a future, present, or past military obligation relevant to the legal problem.
Examples include reservists or National Guard members who have demobilized but do not strictly meet the time requirements of paragraph 2.3.2.3, ROTC cadets who must meet dependent care responsibilities, or Delayed Entry Program enlistees with landlord-tenant issues.
This provision does not apply to contractor personnel, who are responsible for having their personal legal affairs in order (including preparing and completing powers of attorney, wills, etc.) before reporting to deployment centers. Unless another eligibility provision (e.g., paragraph 2.3.4.) applies or the individual is seeking notary services while accompanying Armed Forces outside the United States and outside the Commonwealth of Puerto Rico, Guam, and the Virgin Islands (paragraph 4.6.1.), contractor personnel are not entitled to military legal assistance either in-theater or at the deployment center.
According to AFI 51-304, Legal Assistance, Notary, Preventative Law, and Tax Programs, what form must be used when advising married couples on AMDs?
A dual representation form
2.6.2. Dual Representation. Due to the potential for conflicts of interest during the representation, legal assistance attorneys must use a dual representation letter when providing advice on and drafting wills and related documents for married couples. (T-0). Legal offices must retain dual representation letters in a file dedicated to that purpose for a period of at least one year from the date the clients endorse the letter. (T-0). Additionally, attorneys must retain dual representation letters in accordance with their state licensing requirements. (T-0).
Can legal assistance providers participate in “fill-in-the-blank” wills?
No.
AFI 51-304, Legal Assistance, Notary, Preventative Law, and Tax Programs.
2.6.3. “Fill-in-the-blank” Wills. Legal assistance providers shall not participate in the preparation of or execution of preprinted “fill-in-the-blank” wills, wills prepared with an online service, or prepared by a civilian attorney (other than an Air Force civilian legal assistance attorney), as this service might imply Air Force legal assistance review, endorsement, or guarantee of the product.
Can legal assistance be rendered to clients for purposes relating to landlord-tenant disputes arising out of private military family housing?
Yes, however the client must sign a written waiver after disclosing the AF interests in privatized housing. The waiver indicates that confidentiality is waived.
AFI 51-304, Legal Assistance, Notary, Preventative Law, and Tax Programs
2.6.5. Privatized Military Housing. Legal offices may render assistance pertaining to landlord-tenant disputes arising out of privatized military family housing. However, before seeing legal assistance clients regarding privatized housing issues, Staff Judge Advocates must ensure the legal assistance attorney seeks a written waiver from the client after fully disclosing the Air Force’s interest in the privatized housing project. (T-3). The waiver should indicate that confidentiality will be waived, if necessary, to make reports to the Air Force Office of Special Investigations for instances of contract fraud or to the Air Force Civil Engineer Center Housing Branch for quality control issues. Waivers shall be maintained on file for at least one year from the date the waiver is signed or consistent with the legal assistance attorney’s state licensing requirements, whichever is longer. (T-0). If the client does not consent, refer the client to an alternate source of assistance as outlined in paragraph 3.4.
Can an attorney provide legal assistance to an eligible person who is the victim of a case that they are prosecuting?
No. However, another attorney in the office can advise them. The attorney’s must not communicate about legal assistance provided or the case.
2.6.6.2. The Staff Judge Advocate shall ensure that processes are established to create a “firewall” around legal office personnel working on or likely to work on criminal proceedings or adverse actions from entering attorney-client relationships with clients seeking advice as victims of crime. (T-0). If resources limit the ability to provide legal assistance to a crime victim, the Staff Judge Advocate shall inform the next Staff Judge Advocate in the functional chain of command who will then seek appropriate legal support. (T-3).
Can an attorney receive restricted reports of SA?
No. AFI 51-304, Legal Assistance, Notary, Preventative Law, and Tax Programs
2.6.6.3. Legal assistance attorneys are not authorized to receive restricted reports of sexual assault. (T-0). Legal assistance attorneys may facilitate a victim making a restricted report by helping the victim contact officials authorized to receive restricted reports. Legal assistance attorneys should make sexual assault victim clients aware of available Special Victims’ Counsel services and refer victims of sexual assault to their servicing Special Victims’ Counsel office. Note: Information a legal assistance attorney receives from any client remains subject to the attorney-client privilege unless a specific exception applies in AFI 51-110.
In the case of conflict between state and Air Force professional responsibilities outlined in AFI 51-110, which supersedes the other?
The Air Force provisions supersede.
3.3. Professional Responsibilities and Rules . Staff Judge Advocates must administer the Legal Assistance Program in strict compliance with the professional responsibilities outlined in AFI 51-110. (T-1). Note: In the event of conflicts or differences between the applicable provisions of AFI 51-110 and the equivalent state rules, the Air Force provisions will control.
Explain situations that would require referral of a client to another agency (W)
Official matters which the AF has an interest / involved in
Standards of ethical conduct and Law of War (LOW)
Criminal issues
Issues involving personal, commercial enterprises (unless related to SCRA)
Legal issues or concerns raised on behalf of third parties, even if the third party is legal assistance eligible
Drafting or reviewing real estate or closing documents, separation agreements or divorce decrees, and inter vivos (living) trusts (see AFI for exceptions)
Private orgs that have been chartered by appropriate authority to function on AF installations
Representation of the client in court or administrative proceedings, with limited exceptions
If you are unsure if a client qualifies for legal assistance or if the specific issue falls under the scope of legal assistance, who should you consult?
The Chief of legal assistance or the SJA
Describe the rules regarding referral of clients to civilian attorneys (W)
Civilian criminal matters are to be referred to civilian criminal bar association
Matters regarding UCMJ, NJP or adverse action should be referred to ADC.
Member is or may be the subject of court-martial charges or other disciplinary action refer to ADC or they may secure their own civilian attorney
Article 138, UCMJ, complaints should be referred to the Office of the Inspector General (IG)
If the client already has an attorney, refer them back to their attorney (no second opinions)
If stationed overseas, what should the list of local attorney’s be prepared IAW?
Status of Forces Agreement and AFI 51-304
If located in a foreign country and a member comes in potentially facing charges in front of a foreign court, who would you refer them to?
A military legal advisor
Referrals to other sources should follow what general rules?
Be free from favoritism
Made to the source best able to assist the client in the resolution of the particular problem or concern at the earliest time
If the client’s situation requires specialized expertise beyond the scope of the military legal assistance programs, where should they be referred to?
Bar referral services operated by the ABA, state, or local bar associations
If there is no organized bar or lawyer referral service in your base’s area, where do you refer the client to?
a local listing of attorneys who have expressed interest in serving military clients
When you refer a client to bar referral services, what should be made clear to the client?
Retaining the services of a civilian client is their decision
The referral to any list of bar referral services, state or local bar associations does not constitute a federal or Air Force endorsement of any attorney’s participating in these services
What are some other offices that you may have to refer clients to?
What should you give these clients as a courtesy?
Force Support Squadron (FSS)
Finance (CPTS)
Internal Revenue Service (IRS)
Department of Child Support (DCS).
You should provide them a point of contact, if available, and a phone number.
What does AFI 51-304, Legal Assistance, Notary, and Preventative Law and Tax Programs govern?
The function of legal assistance within the Air Force.
What are the TJAGs responsibilities in regards to the Legal Assistance Program?
Establishes and supervises legal assistance program
Communicates w/ local bar, legal aid offices, and federal and/or state agencies
Delegates authority to HQ/AF CLS (Community Legal Services) directorate
What are the responsibilities of HQ/AF (CLS), Community Legal Services Directorate
Monitors and administers legal assistance program
Oversees all programs relating to legal assistance
Provides advice to field offices
Facilitates service of legal process in coordination w/ appropriate installation legal office in cases involving paternity & child support
What are responsibilities of MAJCOMs, FOA (Field Operating Agency), DRU (Direct Reporting Unit) SJAs:
Supervises within their command
Perform necessary inspections ensuring compliance with AFI 51-304
May add requirements for mobilization- and deployment-related legal assistance
NAF SJAs may also add requirements
What are some of the Base SJA responsibilities regarding the legal assistance program?
Brief office personnel, including AFRES, on purpose of legal assistance, the base legal assistance program, and AFI 51-304
Manages legal services volunteers and personnel who provide legal assistance.
Review LAWS & WebLIONS client feedback
Publicizes office limits on non-mobilization and deployment related legal assistance
Administers program in strict compliance with AFI 51-110
Communicate with local bar organizations, legal aid offices, federal and state agencies
What is the purpose of the AF legal assistance program?
To support & sustain command effectiveness and readiness
Avoiding a conflict of interest mainly falls to who?
Who else is essential to ID’ing Conflict of Interest?
JAs and Civilian attorneys rendering legal assistance mainly are the ones ensuring this, but paralegals are essential.
Can a legal assistance attorney create the impression they represent the AF’s interests in resolving a client’s concerns or that the AF is interested in the outcome of the matter?
No.
What can the legal assistance attorney do and not do regarding any letters or documents drafted on behalf of a client?
They MUST NOT use an Air Force letterhead
They MUST include a statement in the letter making it clear the AF does not represent the client in resolving the matter
Where can you find more details on conflicts of interest?
AFI 51-110, Professional Responsibility Program. Para 1.7 & 1.8
What are some examples of conflicts of interest?
Claims against the AF
Military Member facing Court-Martial
Family/Friends receiving NJP
Notarizing a document as the grantee
Can an attorney advise the victim of a crime?
Yes!
AFI 51-304
Air Force attorneys, acting in an official capacity, shall not enter into an attorney-client relationship in the following areas:
2.2.1. Official matters in which the United States Government has an interest, or is involved in the final resolution, unless advising a victim as authorized under paragraph 2.6.6. of this instruction or acting as a Military Defense Counsel, Special Victims’ Counsel, or a Disability Counsel with the Office of Airmen’s Counsel.
- 6.6. Victims of Crime.
- 6.6.1. Legal assistance services are available to victims of crime, to include advice and assistance addressing the standards prescribed in Directive-Type Memorandum (DTM) 14-003, DoD Implementation of Special Victim Capability (SVC) Prosecution and Legal Support, implementing 10 U.S.C. § 1565b and 10 U.S.C. 1044e.
- 6.6.2. The Staff Judge Advocate shall ensure that processes are established to create a “firewall” around legal office personnel working on or likely to work on criminal proceedings or adverse actions from entering attorney-client relationships with clients seeking advice as victims of crime. (T-0). If resources limit the ability to provide legal assistance to a crime victim, the Staff Judge Advocate shall inform the next Staff Judge Advocate in the functional chain of command who will then seek appropriate legal support. (T-3).
- 6.6.3. Legal assistance attorneys are not authorized to receive restricted reports of sexual assault. (T-0). Legal assistance attorneys may facilitate a victim making a restricted report by helping the victim contact officials authorized to receive restricted reports. Legal assistance attorneys should make sexual assault victim clients aware of available Special Victims’ Counsel services and refer victims of sexual assault to their servicing Special Victims’ Counsel office. Note: Information a legal assistance attorney receives from any client remains subject to the attorney-client privilege unless a specific exception applies in AFI 51-110.
- 6.6.4. Legal assistance attorneys cannot represent clients during investigative interviews, appear at hearings, or otherwise participate in the criminal justice process (military or civilian) on behalf of clients. (T-0). Exception: This does not apply to Area Defense Counsel, Special Victims’ Counsel, or Disability Counsel providing legal assistance services during the scope of their representation.
What can you reference for clarification or guidance on what constitutes a conflict of interest?
AFI 51-304, Legal Assistance, Notary, Preventative Law, and Tax Programs
AFI 51-110, Professional Responsibility Program
List common legal documents provided through the legal assistance program (W)
Powers of Attorney
Last will and testament
Advance medical directives (Living Wills and Medical POA)
Bills of sale
Affidavits
lease agreements
Identify the purpose of a special power of attorney (W)
Gives a person-specific authority to act on the grantee’s behalf.
What is the purpose of a General Power of Attorney (W)
Provides an individual the power to act on behalf of another in any and all matters
Which POA is considered more effective due to being more widely accepted?
Specific Power of Attorney (SPOA)
What is the difference between a SPOA and a GPOA?
The scope of authority being granted.
SPOA - specific authority, safeguarding
GPOA - Unlimited authority, safeguarding and legal consequences.
Where are the expiration dates listed for each POA?
The expiration for the SPOA is on the front
The expiration for the GPOA is on the back
In Air Force practice, how long after creation of any POA does it expire?
One year, generally.
Some circumstances allow an expiration date of two years.
How is the expiration date of a SPOA or GPOA calculated?
It is calculated off the date the POA was issued.
What must you properly brief the client on regarding a GPOA?
It is not widely accepted
Grants unlimited authority
Safeguarding and legal consequences
What must you properly brief a client on regarding SPOA?
More commonly accepted
Grants specific authority
Safeguarding
Explain the primary functions and uses of the Legal Assistance Website (LAWS) (W)
Designed to increase client convenience and satisfaction and increase efficiency in some areas of base-level legal assistance programs.
Explain the primary functions and uses of the Legal Assistance Website (LAWS) (W)
Designed to increase client convenience and satisfaction and increase efficiency in some areas of base-level legal assistance programs. It also allows for clients to provide targeted online feedback to legal offices.
What kind of capabilities does the LAWS client website have?
Access to info on legal assistance topics and office locations
Complete online worksheets for wills, advance medical directives, and powers of attorney
Complete feedback surveys
Can a customer use the LAWS client website as a substitute for legal advice?
No
Can a client obtain a completed document (will, advance directive, etc) from the LAWS client site?
No. They must physically come into their local office.
Identify tools available to the legal office on the LAWS administrator site (W)
Access a clients will worksheet by inputting their last name and ticket number that was generated when they completed the online worksheet.
View client surveys
Surveys can be accessed by higher-level legal offices
Does the LAWS administration website create a complete document such as a will or advance medical directive?
No. The worksheet on LAWS is used to input the clients data into Lexis Estate Planning Service which will generate the final document
For POA’s, where does the client’s ticket number go to generate the document?
WebLIONS
State the authority to perform notarial acts (W)
10 USC § 1044a.
Notarial acts performed under this authority are legally binding throughout the world for federal and non-federal purposes.
What AFI provides further guidance for military personnel to perform notarial acts?
AFI 51-304, Legal Assistance, Notary, Preventative Law, and Tax Programs
Identify some basic information about a Notary
Acts as an official, unbiased witness to the identity and signature of the person who comes before the notary
A notary has the authority to administer oaths and affirmations (as required based on the document(s) being notarized)
Can any person performing a notary service under the legal assistance program accept any form of fee?
No.
Identify common notarization types and legal documents provided through the legal assistance program that can be notarized/authorized notarizations (W)
Two types of notarial acts:
Acknowledgement & Jurat
Commonly Notarized Documents:
POAs, Last will and testament, Bills of sale, Transfers of vehicle, TSP withdrawls, Affidavits
Is a certification of a document as a true and accurate copy of the original a notarial act?
No. For a true and accurate copy of an original to be certified, only the agency that created the document or maintained the original document can verify a true and accurate copy of an original.
What is the purpose of an acknowledgement notarial act?
NOT A SWORN STATEMENT
Ensures the signer of a document is who they claim to be and is voluntarily signing the document.
The signer must personally appear before the notary at the time of notarization to be positively identified and declare (or “acknowledge”) that the signature on the document is their own and they signed willingly.
Is an “acknowledgement” notarial act a sworn document?
No, an “Acknowledgement” notarial act is not a sworn document
What is the purpose of a jurat notarial act?
A SWORN DOCUMENT
For a signer to swear or affirm that the contents of a document are true.
This may also be called an affidavit, a verification oath, or affirmation in some jurisdictions.
The signer must personally appear and sign the document in the notary presence. The notary must administer an oath or affirmation and have the signer speak aloud their promise that the statement(s) in the document is authentic
Is a “Jurat” a sworn document?
YES. Think “Juries” who swear and affirm before a trial
Identify required items needed to perform a notarial act (W)
Verify the identity of each individual
Ensure the document to be notarized is complete (NO BLANK FIELDS)
If required, administer oath or affirmation
Party (or parties) sign and document in front of the notary - include:
Date and location of where notary occurred
Duty Title and office information of notary
Raised seal or stamp in designated block or closest to signature
If the document to be notarized requires an oath or affirmation, does the signature or oath happen first?
The oath or affirmation must happen first, and then the client signs their document
Who is required to maintain a notary log?
All legal assistance notaries must maintain a personal notary log
What information must be included in a notary log entry, at a minimum?
Date (i.e. 1 January 2020)
document type and number of documents notarized (i.e. SPOA (1), GPOA (2))
name & signature of client (Mike Tice & sig)
location of notarization (i.e. Whiteman AFB)
Can an SJA add required information for notary logs such as DoD ID Numbers?
Yes
Does every military notary take their log with them when they PCS?
YES! Every notary log goes with each member to their next duty station.
What happens to each notaries log when they retire or separate?
The log is left at their final duty station upon retirement or separation
Ex: AMN Snuffy is separating our of Whiteman AFB. All his logs from his 3 previous bases will keep his notary logs.
Can anyone maintain or use notary log equipment?
No.
In order to prevent misuse, loss, or theft of notary seals, stamps, and logbooks, only certified notaries should be using or maintaining notary equipment.
List individuals who can perform notarial acts under 10 USC § 1044a (W)
All Judge advocates
All adjutants, assistant adjutants, and personnel adjutants, including reserve on AD or on inactive duty training (Usually for Army)
Civilian legal assistance attorneys employed by the USAF
Civilian AF employees appointed by the SJA to serve as a notary (outside the US only)
Civilian employees (other than legal assistance attorneys) as state notaries, as part of their official duties
Enlisted paralegals, once task certified
AD AF Mbrs who: Are MSgt & above, located at a GSU w/o a notary & appointed in writing by GCMCA SJA 10 USC § 1044a and AFI 51-304
Who is eligible for Notary Services?
Members of US armed forces; those eligible for legal assistance under AFI 51-304, Legal Assistance, Notary, Preventative Law, and Tax Programs
Personnel employed by or accompanying US armed forces outside the US
Personnel subject to the UCMJ outside US (contractors on orders to deploy, etc).
Can you perform a notarial act for a friend who is otherwise ineligible under 1044a?
No. 10 USC § 1044a states specifically
“(a) The persons named in subsection (b) have the general powers of a notary public and of a consul of the United States in the performance of all notarial acts to be executed by any of the following:
(1) Members of any of the uniformed services.
(2) Other persons eligible for legal assistance under the provisions of section 1044 of this title or regulations of the Department of Defense.
(3) Persons serving with, employed by, or accompanying the armed forces outside the United States and outside the Commonwealth of Puerto Rico, Guam, and the Virgin Islands.
(4) Other persons subject to the Uniform Code of Military Justice (chapter 47 of this title) outside the United States.”
(b) Persons with the powers described in subsection (a) are the following:
(1) All judge advocates, including reserve judge advocates when not in a duty status.
(2) All civilian attorneys serving as legal assistance attorneys.
(3) All adjutants, assistant adjutants, and personnel adjutants, including reserve members when not in a duty status.
(4) All other members of the uniformed services, including reserve members when not in a duty status, who are designated by regulations of the uniformed services or by statute to have those powers.
(5) For the performance of notarial acts at locations outside the United States, all employees of a military department or the Coast Guard who are designated by regulations of the Secretary concerned or by statute to have those powers for exercise outside the United States.
(6) All civilian paralegals serving at military legal assistance offices, supervised by a military legal assistance counsel (as defined in section 1044d(g) of this title).
Where should notary seals, stamps, and logbooks be stored when not in use?
Secured in a desk drawer or file cabinet, including at the end of the duty day
Identify basic requirements for WebLIONS data entry (W)
Verify clients eligibility
Hover over “Actions” → “Enter Client Info”→ Input client last name & DoD ID → Verify/or input if ID was verified, if client is in uniform, name, status, branch, grade, address, legal state of residence, phone numbers, email, and unit. (If mbr is a dependent, then sponsors info must also be included).
What form do you use if WebLIONS is down or cannot be accessed?
AF Form 1175, Legal Assistance Record
