If you are facing an Army separation board, hiring an experienced civilian attorney who is also JAG reservist can give you the edge. 
Army Trial Defense Services (“TDS”) make every attempt to insulate themselves from the separating command. Army TDS has a separate chain of command and has a separate rating system to ensure their zealous advocacy of their clients. Yet, when your attorney is part of the system, it can cause a conflict of interests where hiring a private attorney may be better.
(1). Possible Conflicts of Interest. At the end of the day many National Guards are still very, very small and the relationships go back many years in the JAG corps. Sometimes those relationships can help you, other times they can hinder you.
When you hire a private attorney to defend the separation board you eliminate many conflicts of interest. The privately retained defense attorney is not rated by anyone. They are not in the rating chain or chain of command which frees them from any possible influence so they can represent you zealously.
(2). Inexperienced Captains. Many times in the Army reserve JAGC the JAG attorneys are not trial lawyers. Most attorneys that make up the reserve JAGC are government attorneys, non-practicing attorneys and young. Even though you are assigned a free TDS attorney, often they don’t have breath of experience that private practice attorneys will have. A tour in TDS is around 2 years, where a private practice attorney will have 2 years under their belt.
When your career is on the line and your veterans’ benefit are at stake hiring an experienced trial attorney can make the difference. This is not a knock on Army TDS, this author is one, but the nature of a TDS rotation is often younger Captains without much trial experience under their belt.
When you are interviewing and looking for a private attorney to defend you at the separation board, here are traits to look for.
(1). Former or Current JAG. Having prior military experience is a must in hiring a private attorney for the separation board. Having Army JAG experience on active duty, national guard and reserves is preferred. Active duty boards are more formal and reserve component boards are the wild west. Hiring a former or current trial defense attorney is always preferred.
(2). Trial Experience. A trial lawyers doesn’t really mature until they have 10 years of practice under their belt and 25 jury trials. The skills of cross-examination and opening statement are difficult and only gained with study and actual trials.
