I have been in this situation. Typically the first or earlier attorney will tell me that he/she has to get permission from the client; and usually that's not a problem.
In the appellate cases I do it's sometimes necessary to get a court order, but that's criminal cases.
A first question is why, why won't he allow you as a successor attorney to talk to the prior attorney(ies).
Depending on the answer or non-answer I think you have to consider whether it is wise to continue the representation....
I agree with your lawyer.
But there is nothing the military can do. They cannot order him to comply or not comply with legal process.
Now, on the finances that's a different matter.
You can complain to his command. He does have a duty to take care of his family. Of course in the process your lawyer could mention the litigation difficulty.
The military takes a strong interest in child support obligations. He may actually be committing fraud if he gets housing allowance but isn't using...
You cannot sue the AF.
If being processed for discharge you should exercise your rights. I believe you asked a similar question earlier about discharges.
If you are discharged then you should petition the Air Force Discharge Review Board, and potentially the AF BCMR.
You will not be able to successfully sue the police. It sounds like they did what happens in many situations. They investigated, didn't think they could make a case stick in the civilian court, and so turned it over to the...
It depends on how long you have been in the ANG what your rights are and what type of discharge they are trying to give you.
This is the regulation applicable to you.
In their notice of separation they are supposed to inform you of the basis for separation and also allow you access to information being considered by them as justification.
You need to make an appointment ASAP with an military defense counsel, or you can hire...
Generally you would keep the VA benefits "earned" as a result of the first HD. We see this quite frequently with clients who are court-martialed or admin sep'd.
You of course should "fight" any current effort to separate you with less than an honorable discharge. You don't say whether there's an issue with a pending disciplinary action or separation action.
You would have to apply to the Army Board for Correction of Military Records. Here is a link to their website.
However, it is rare that they upgrade, especially when the Discharge Review Board has denied prior petitions for an upgrade.
There is an argument to be made, as part of an appeal, that once the Mast was concluded and you "stepped down," and left the room, that he couldn't do that.
However, the counter argument is, in response to the appeal, that he decided to set-aside, reconsider the initial punishment, or he was correcting a mistake by misannouncing his sentence.
There is case law on that for courts-martial, which don't apply at NJP, that says that procedure is OK.
You should anticipate that the type of discharge you have (OTH) will stay with you for at least 10-15 years.
The Naval Discharge Review Board grants about 12-14% of upgraded requests. Of those grants, most of the people have been out of service for 10 or more years. And then the upgrade is most often to a general discharge.
Here is a link to the benefits a person has and loses depending on the quality of the discharge. http://www.armytoolbag.com/Tools/LeaderBook/Separation.pdf
If you are...