COMNAVLEGSVCCOMINST 5800.1G, NAVAL LEGAL SERVICE COMMAND (NLSC) MANUAL
Legal assistance attorneys may communicate with third parties on behalf of their clients.
However, in doing so, they must ensure that their position as advocates for their clients, rather than for the government, is clearly stated in oral discussions and indicated in written communications. Communications made on behalf of the client to non-governmental parties are not official RLSO or DON communications. Officers must not use or threaten to use their official positions for the benefit of clients. Such actions would constitute misuse of an officer's official position for the private benefit of another in violation of the JER and the Standards of Ethical Conduct for the Executive Branch Employees.
In the absence of unusual or compelling circumstances, the initial communication with a client should not be accomplished by telephone or email.
However, remote services may be utilized to meet mission requirements where prudent and effective. RLSO COs, with Legal Assistance Department Heads, must establish procedures for engaging these clients and confirming identification and eligibility.
COs or other supervisors may personally provide direct client services
However, they must be sensitive to the possibility of actual or apparent conflicts of interest with the attorneys they supervise. COs and other supervisors may not personally represent an individual whose interest conflicts with that of another client represented by a subordinate in the chain-of-command.
Category 'C' unfunded requirements
Improves efficiency or effectiveness of operations. Should provide business case for improved efficiency and identify expected return on investment.
Category 'E' unfunded requirements
Improves or updates office appearance (e.g., purchase wall hangings/pictures, paint offices, replace scratched or mismatched furniture).
NLSC commands should use the iBETS software to:
(1) Update the budget execution plan to precisely match current full-year authorization using the iBETS Plan module. (2) Enter unfunded items using the iBETS Unfunded Items module. If the justification is too large for the field on the iBETS Unfunded Items form, NLSC commands can provide a more detailed justification in a cover letter.
Commitment
A commitment is a reservation of funds, based upon procurement directives, orders, requisitions, authorizations to issue travel orders, or requests which authorize the recipient to create obligations without further recourse to the official responsible for certifying the availability of funds.
COs should maximize the interaction between Reserve and active duty attorneys.
Active duty attorneys should train Reserve attorneys on all Navy legal assistance matters. Reserve judge advocates should instruct active duty attorneys on specific areas of local civil law and should, if qualified, augment the department during their Reserve assignments.
DSO/RLSO INVOLVEMENT IN LEGAL ASSISTANCE PROGRAM
All judge advocates, civilian attorneys, legalmen and paralegals, active and Reserve, shall provide legal assistance to the extent circumstances require and their abilities allow.
Obligation
An obligation is incurred when an order is placed, a contract is awarded, a service is received, orders are issued directing travel, or similar transactions are entered into. Unobligated balances of quarterly allotments may be carried forward to succeeding quarters of the fiscal year. When an appropriation expires, authorizations will remain available for disbursement to cover the liquidation of outstanding obligations, but the unobligated balance will revert to the grantor.
Expense
Any document representing material or services received.
Unfilled Order
Any document, meeting the criteria of an obligation, issued for an item or service that has not as yet been received.
BUDGETING
As the primary tool that NLSC commands use to manage their financial resources, a budget details the purpose and amount of planned expenses starting with the present year. Budgeting is normally an incremental process that builds on, or makes adjustments to, the current budget. Therefore, when a NLSC command submits its budget, it should be based upon the present budget execution plan, which documents the proposed expenses for the current fiscal year.
CENTRALIZED FINANCIAL MANAGEMENT
Centralizing certain financial management functions uses resources more efficiently by reducing administrative overhead. The goal of centralized financial management (CFM) is to limit local financial management to only those core functions most efficiently done locally. Tasks to be done centrally by NLSC Fiscal and Resource Services Support Division (OJAG Code 64) include payroll accounting, current and most prior fiscal year accounting, and official accounting functions.
Management of Funds
CFM does not reduce COs' responsibility or limit their discretion, but instead lessens the administrative overhead associated with managing those funds. COs will continue to be authorized funds to manage for the use and benefit of their commands.
SUPERVISORY RESPONSIBILITIES AND RELATIONSHIPS WITH OTHER ORGANIZATIONS
COs have broad discretion to administer legal assistance, subject to the provisions of JAGMAN Chapter VII and the Legal Assistance Manual. They shall ensure that the legal assistance practice adheres to the standards of professional competence, responsibility, and ethics
RESPONSIBILITY OF THE DEPENDENT ACTIVITY
COs of NLSC activities are responsible for administering all authorizations of funds allotted to their activities, and for observing all limitations concerning their expenditure. As such, COs are accountable for both their own acts and for those of subordinates within their activity that cause an over-commitment, over-obligation, or over-expenditure of an authorization of funds.
Category 'B' unfunded requirements
Eliminates safety or health problem. Requirements should be prioritized and identified by degree of risk.
When acting as a legal assistance attorney, neither judge advocates nor civilian attorneys will provide advice with regard to courts-martial, investigations, non-judicial punishment, other military justice matters, or administrative discharge processes, and will not form an attorney-client relationship concerning these matters.
In such cases, the client should be referred to the Defense Service Office. If the client provides confidential information before the legal assistance attorney has ascertained that the client should be referred to the Defense Service Office, the legal assistance attorney will maintain that communication as privileged and confidential and not divulge it to other RLSO personnel.
Category 'A' unfunded requirements
Increased cost of operations due to inflation/pay raise; higher-level authority mandates (e.g., required attendance at Commander's Training Symposium); or supporting entitlements to personnel (e.g., emergency travel, student travel).
Legal assistance is for personal legal matters only
It is not authorized for organizations or for business ventures. Exceptions include infrequent business transactions, such as the sale of a personal residence or car, and preparation of Schedule C (Profit and Loss from Business) for Family Home Care Providers certified to provide child care in government quarters pursuant to military regulations.
The budget execution plan
It must be continually updated based upon any unplanned increased or decreased costs. While the budget execution plan should always be current, the accuracy of the plan is especially critical at the time of the midyear review and at the end of the fiscal year.
COs should encourage the exchange of information and ideas between legal assistance attorneys and attorneys and organizations in the local community.
Items of mutual interest should be discussed and joint training between the legal assistance attorneys and civilian bar is encouraged.
Attorneys are responsible for their own work and for that of their subordinates.
Legal assistance attorneys practicing in Expanded Legal Assistance Program (ELAP) cases must also adhere to the rules governing the practice in local courts. Problems or questions should be discussed with supervisors. Formal advisory opinions may be requested from the Professional Responsibility Committee. Informal advice may be obtained from supervisory judge advocates or OJAG Code 13.
The Department Head is responsible for supervising the delivery of legal assistance.
Legal assistance attorneys are responsible for their own work and the work of the staff under their direction. Paralegals and legalmen may supervise the work of clerical personnel, as directed. Detailed information on delegation and supervision is contained in the Legal Assistance Manual
Internet-based Budget Execution and Tracking System (iBETS)
NLSC Commands will use the iBETS software to manage their operating budgets. NLSC commands will use the iBETS monthly reports to manage their operating budgets.
BUDGET REPORTING REQUIREMENTS, PLANNING FIGURES, AND SUBMISSION DATES
NLSC requires activities to submit an annual consolidated mid-year review budget, and a Program Objectives Memorandum (POM) in early April. NLSC commands will report budget control totals, the program basis for those estimates, and key assumptions and will provide any necessary supporting material.
The following reports will be submitted by NLSC activities to CNLSC, via the respective COS
Notification of Personnel Action, SF-50. This report is needed when salary, title, grade, or name changes. Civilian Personnel Report. On the second day of each month, NLSC commands should submit a consolidated personnel report (including headquarters, detachments, and branch offices).
Prior Year Accounting.
OJAG Code 64 is responsible for all prior year accounting.
EXPANDED LEGAL ASSISTANCE PROGRAM (ELAP)
RLSOs are strongly encouraged to initiate and maintain an ELAP as resources and local conditions permit (see JAGMAN 0710 and the Legal Assistance Manual). If an ELAP is not feasible, RLSOs should develop a strong relationship with local courts and bar associations to ensure availability of the highest quality and most economical legal services for eligible persons.
Within Naval Legal Service Command,
RLSOs are the primary providers of legal assistance. DSOs shall not normally provide legal assistance services. However, DSO counsel may be called on to provide legal assistance services in extremely rare cases where alternate providers are unavailable. DSO attorneys shall not serve as primary alternate providers; primary alternate providers will include independent and unconflicted Main Office, Detachment or Branch Office attorneys of the same RLSO, attorneys at a wholly separate RLSO, area independent duty staff judge advocates, independent and qualified reserve judge advocates, and qualified other military service providers before engagement of any DSO attorney.
VOLUNTEER INCOME TAX ASSISTANCE PROGRAM
RLSOs routinely give tax advice as a legal assistance matter. Where there is no Volunteer Income Tax Assistance and Electronic Tax Filing (VITA/ELF) program under the management of a Family Service Center or Staff Judge Advocate's Office, RLSOs should, resources permitting, assume responsibility for the program at their installation.
PREVENTIVE LAW PROGRAM
RLSOs shall establish Preventive Law Programs (see the Legal Assistance Manual). Typical activities include pre-deployment briefings, command—assist visits, informational lectures, publication of topical articles in base or local newspapers, and involvement with programs established by other base activities, such as hospitals and Family Service Centers.
REFERRALS
Referral is appropriate whenever a client needs assistance beyond the capability of the legal assistance attorney, beyond the scope of the Navy's Legal Assistance Program, or in conflict of interest situations. Details may be found in the Legal Assistance Manual.
Category 'D' unfunded requirements
Replaces equipment/furniture which is no longer functional/usable (e.g., broken or too costly to repair); improves office habitability; or updates technology.
All RLSOs, detachments, and branch offices have legal assistance departments or divisions.
Standard services are set forth in JAGMAN 0707 and the Legal Assistance Manual.
Budget execution
The development and maintenance of operating budgets of all organizations down to and including field activities. Budget execution includes: the preparation and processing of apportionment requests; execution of programs and operating budgets; the allocation and allotment of funds authorizations; the obligation and expenditure of appropriated funds; and the related fiscal and progress reporting.
Budget
The financial expression of approved plans and programs.
RLSO - LEGAL ASSISTANCE DEPARTMENT
The mission of the legal assistance department is to provide prompt, courteous, and high quality legal assistance to active duty members, thereby enhancing morale, welfare, and combat readiness. As resources permit legal assistance will be provided to active duty family members, retirees and their family members, and to other eligible persons listed in JAGMAN 0705 or authorized by the Judge Advocate General.
Budget formulation
The process of developing fund estimates to support plans and programs. It begins with a date approximately 1 year before the beginning of the budget year and ends with the Congressional enactment of the authorization and appropriation bills.
NLSC must have fiscal controls to prevent over obligations within the command and to provide a tracking capability that permits re-evaluation of budget estimates during the fiscal year.
The responsibility for these requirements rests not only with NLSC, but also with each CO.
Legal assistance attorneys may be called upon to provide legal assistance support for crime victims
This advice may include general information about VWAP, the Victims' Bill of Rights, programs for counseling or treatment, and federal and state compensation programs. Before giving such advice, legal assistance attorneys must conduct a careful conflicts of interest analysis to assure assistance was not provided to an opposing party, including parties who may now be defendants and/or respondents.
a legal assistance attorney shall not advise, represent, or assist an individual in a matter in which the United States has a direct and substantial interest, whether or not the government's position is adverse to that of the individual, without specific approval of the Judge Advocate General, or his designee.
This includes advice regarding claims. Legal assistance providers may not furnish more than a basic referral of claims documents.
Overseas RLSO offices may hire or retain foreign civilian attorneys to provide legal assistance.
Unless admitted to practice in the highest court of a state, territory, the District of Columbia, or to a federal court, foreign attorneys will not advise clients in matters involving federal or state law of the United States.
Legal assistance attorneys may communicate among themselves and Code 16 about cases within their department
Unless the client expressly requests that information remain confined to a particular attorney or attorneys, or another attorney has an actual or apparent conflict of interest with respect to a particular client or case. In those situations, appropriate measures will be taken to shield client confidences and privileged information. Subject to the same limitations, an attorney may communicate with the CO and other supervisors, as well as Code 16. Attorneys with whom communications are made are bound by the confidences and privileges owed to the client.
Support personnel are prohibited from engaging in the unauthorized practice of law
and may not provide any service requiring the professional judgment of a lawyer. Reserve legalmen who are also civilian attorneys are not authorized to serve as legal assistance attorneys, but may only function in their legalman capacity.
Support personnel must safeguard client confidences and privileged information
disclosing matters only at the direction of the legal assistance attorney or the client after he or she has discussed the matter with the legal assistance attorney.
Civilian attorneys may be assigned as legal assistance attorneys and as heads and assistant department heads of legal assistance
however, assignments of civilians in such positions requires CNLSC approval. Once assigned, their duties are identical to those of judge advocate legal assistance attorneys unless otherwise directed by the CO or OIC.
The midyear budget review
is the process used to obtain additional funds by those activities that have requirements such as un-programmed cost increases or unexpected additional mission requirements.
DSO North and RLSO Europe, Africa, Southwest Asia, DSO Pacific, and RLSO Japan
must submit copies of all foreign national payroll reports.
Attorneys may delegate various tasks to non-attorney support personnel
provided the attorney maintains direct contact with the client, supervises the support personnel in the performance of the delegated work, assumes complete professional responsibility for the work product, and ensures support personnel are not represented as attorneys to the client or to third parties. While commanding officers and OICs are ultimately responsible, Branch Heads and Department Heads are responsible as first—line supervisors for ensuring support personnel are trained, supervised, and properly employed on a daily basis.
Any client seeking legal assistance related to an adverse determination by the Family Advocacy Program (FAP) Committee
shall be referred to an alternate Legal Assistance provider when any member of the same RLSO, at that specific RLSO office, has participated in or provided counsel to that relevant FAP committee.
Legal assistance personnel, whether permanently assigned or TAD
shall not accept any compensation (apart from official government compensation) for any service provided.
Legal assistance attorneys
shall provide each client with professional and individualized service without any form of compensation (apart from official government compensation).
Legal assistance attorneys shall refer questions pertaining to Government standards of conduct or ethics, or to post-government service or employment restrictions to
their respective ethics counselor in accordance with Deputy JAG ltr (Subj: Designation of Ethics Counselors of 13 Jun 08) for ethics advice.