I am often asked who is the BEST military defense lawyer for a court-martial.

There are many lawyers out there that claim on their websites to be the “best military defense lawyer” or the “best court-martial defense lawyer.”  Many boast that they tried cases in the Army, Air Force, Navy, or Marine Corps – they claim that they were the “best” that the service had and handled the most difficult cases.   Just because you handled a difficult or high profile case clearly is not an indication that you are, in fact, the best military lawyer out there.  If high profile cases were the only indicator, then the prosecution team in the OJ trial would be recognized as the “best.”  They clearly were not.

 The BEST military defense lawyer is someone who has significant military court-room experience but also remains closely connected with the climate of the military.  My good friend and co-author of Court-Martial Advocacy: Trying the Military Case was one of the best military defense lawyers; he now focuses more on federal litigation, though he always finds time to offer some insight.  He had this to say about trying courts-martial:  a court-martial is no different than a battlefield.  There is an enemy.  There is terrain.  And there is weather.  The terrain is made up of the procedural and evidentiary rules that govern the conduct of a court-martial.  The weather consists of variables, including the facts of the case, the judicial temperament of the military judge, the individual personalities of the court members, and the command climate where the case is being conducted.  The enemy, of course, is the prosecution and its closely aligned partners – law enforcement, alleged victims, and prosecution witnesses.

Many of those that hold them out to be the best military defense lawyer are disconnected with the military.  Every warrior knows that when you get the weather wrong, the outcome of the battle can be horrific.  A single miscalculation about command climate can result in guilty verdict.

The best military defense attorney probably isn’t the guy with the catchiest web URL or advertisement, fanciest website, the nicest car, or the nicest office.  It’s the guy that has mastered the terrain and follows the weather.

There are a lot of great civilian military defense lawyers practicing around the world.  I have my own short list.  The military lawyer from Hawaii is probably not the best guy for a case out of Camp Lejeune.  Likewise, frankly speaking, I probably not the right for a case out of Hawaii (though I have done it at a client’s insistence).  First, it’s hard to create a strong relationship with a client that is that far away (though Facetime and Skype help).  Second, it’s more expensive to the client to fly an attorney across the globe for a case when there are probably several “best military defense lawyers” in the same geographic area, perhaps in the same city.  I’ve frequently travel to military installations in Florida and up and down the east coast.  I know the terrain at the installations.  I know the counsel.  I know the judges.  I know the command climate.

I have been told that I am one of the best military defense lawyers out there.  My fitness reports on active duty and assignments support the assertion.  After one tour as a Navy prosecutor, I was put in charge of one of its busiest defense offices, supervising six defense counsel, including counsel senior to me.  I was relieved by a senior officer.  I then relieved a senior officer as the senior prosecutor and special victims prosecutor for the Navy’s third largest fleet concentration area.  I was relieved again by a senior officer.  When the Navy’s prosecutors and defense attorneys who were in charge of training and providing advice had questions they could not answer, they called me.  This is all objectively verifiable too – any of my clients can see my military evals.  They can read my Avvo.com reviews.  And, I have a book of thank you cards – from clients, mothers, fathers – you name it.

For those looking to hire the “best military defense lawyer” for a court-martial or other military law matter, do your research.  Call a few lawyers (and don’t make any statements about the charges to anyone in the meantime).  Verify that the lawyer understands the terrain and weather.  Verify that the lawyer is accessible.  The best military defense lawyer is the lawyer that is best for you and your case.

Attorney Patrick Korody is a former Navy Judge Advocate who has tried courts-martial and military administrative separation cases at military installations around the world.  He specialized in military justice while on active duty.  His office is located in Jacksonville, FL and he can be reached at (904) 383-7261.