I received a call yesterday from a Sailor who had a NJP appeal due the next day. I generally shy away from those types of cases because I am getting involved after-the-fact and, frankly, winning a NJP appeal is no easy feat. NJP appeal authorities are not in the business of undermining their subordinate commanders for the benefit of, normally, an enlisted man or woman. So they let the unjust or disproportionate NJP stand.
The Sailor said that he was told that I am the “best military lawyer” and that he needed my help.
I’ll admit that when he started to talk about the NJP appeal – and that it was due in a day – I began planning my exit strategy. But this Sailor was determined to have my assistance. He kept repeating that he had been told that I was the “best military lawyer.” I quoted him a fee and he said he would pay. He said he would be at my office at 0800 the next morning. I told him I would drop everything and shift to his case.
Later that night, I texted the Sailor and told him that he really should not spend his money on me – that he should go to the DSO and have them help him for free because the chances on any NJP appeal are low. He said he had already been there and they told him his appeal looked good. I said he should just file, but he insisted he wanted me to look at it the next morning.
This Sailor was at my office early the next morning, before his appointment time, eager for me to review his case. I immediately came to the conclusion, after reviewing the charges, that he had been railroaded by his command. I also noticed that 1 of the charges was facially deficient – it did not state an offense under the UCMJ Article referenced. This was missed by the DSO when they reviewed his draft appeal. For the next 4 hours I meticulously picked apart the case against him and wrote an 8 page appeal with 14 enclosures. I called the command SJA and pled my argument on his behalf (and also to make sure that the command forwarded the darn thing in a timely fashion!).
I may be one of the best military lawyers out there for hire. I may not be. This Sailor needed help, and I am proud I was able to provide him superior military defense services.