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YOUR LEGAL OFFICER AND YOU

YOUR LEGAL OFFICER AND YOU. Lt Col Suzanne A Littlefield, GAWG/JA Lt Col Barry Herrin, SER/JA with Col Gordon Odell, HQ CAP/GC National Board & Conference 9-11 August 2007. Legal Disclaimer.

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YOUR LEGAL OFFICER AND YOU

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  1. YOUR LEGAL OFFICER AND YOU Lt Col Suzanne A Littlefield, GAWG/JA Lt Col Barry Herrin, SER/JA with Col Gordon Odell, HQ CAP/GC National Board & Conference 9-11 August 2007 “Citizens Serving Communities”

  2. Legal Disclaimer • This presentation is not intended to provide answers to specific legal problems. Do not rely on it for legal advice or CAP policy. • Seek professional counsel for assistance with your legal problems and specifically, the advice of a CAP legal officer for matters you’re pursuing as a staff member or commander.

  3. HOUSEKEEPING • Legal Officer = Judge Advocate = JA • JAA = Assistant Judge Advocate (lawyer) • GC = General Counsel • GCA = Assistant General Counsel • GCP = Paralegal in the GC Office • (There is no JAP. . . for several reasons.)

  4. OVERVIEW • Remembering CAP is the client • Can I get advice without being the Legal Officer’s client or why does the JA tell me he/she can’t advise me? • Getting timely advice for staffing ‘everyday’ legal issues. • Preventive law practice-keeping it from getting broken.

  5. Wing Legal OfficerThe Role – CAP’s Lawyer • The role of the wing legal officer • Whose lawyer is this? • What is the wing legal officer’s job? • What is not the legal officer’s job? • Why did the Legal Officer tell me he/she can’t advise me?

  6. Wing Legal OfficerSupporting Commander & Staff • How can the wing legal officer assist me? • How can the wing legal officer assist my department? • How can the wing legal officer assist my unit? • Where does the legal officer do most of his “legal officering?”

  7. Wing Legal OfficerSeeking Counsel • When should I call? Really – 2 questions: • Under what circumstances? • What about timing of my call? • Who should I call? Commanders (or those acting on their behalf) should contact the JA nearest them. GC has contact information for all Wing Legal Officers. For that information: gc@cap.gov or 334/953-6019 or Wing Headquarters.

  8. GET TIMELY ADVISE • Form your questions before you call or email, call back if no answer • Provide a summary of the details of the issue, enough so the JA has an idea of your problem • Be ready to provide supporting documents, names and phone numbers • Attorney Client Privileged Communication

  9. Preventive lawKeeping it from getting broken • Call early (and often?) • JA’s would rather answer your question, than handle the fallout later. • Read and follow the regulations!!!!!!! • Squadron/Wing Legal or General Counsel • Should I tell my Commander? • Should I tell Wing Legal or IG? • Should I tell, or not tell, anyone else?

  10. Legal Issues(General) • CAP is sued most often about what kind of problem? Personnel issues • Discipline/corrective actions • Discrimination/harassment • Contractual liability/ contractual authority • “Special” Legal Status? • Insurance issues

  11. Legal Questions?

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