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Philip Douglas Cave
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Philip Cave’s Answers

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  • This is a question about ethics of and attorney in Virginia

    I retained an attorney named Steve Forbes for $5000.00 who was working on two cases with me and one was on a percentage basis. Just after starting the case Steve called me into the office and said he was withdrawing from both cases. He said I co...

    Philip’s Answer

    Yes. Check your written agreement.
    My agreements always include a provision to bill at the hourly rate for actual worked performed when an agreement and representation is terminated, even if it is a flat fee agreement. Look for something like that.
    Talk with you new attorney. It might be possible for him to resolve this informally.
    If not, then i have linked to the VA Bar for more information.

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  • I would like to know if an Army Officer can have removed or fixed a bad OER. Should the appeal be made to the ABCMR?

    How difficult would it be for a junior officer to have a bad OER removed or fixed? Also, what will happen if the ABCMR orders the army to fix or remove my OER? Who will make me a new OER and how? How this works?

    Philip’s Answer

    Did you ask for a commander's inquiry?
    Did you submit an "appeal" through the OER system?
    When was it issued?

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  • Married for 14 years. What are my rights and entitlements as my husband prepares to retire from the military after 27 years.

    What percentage of his retirement pension as I'm entitled to?

    Philip’s Answer

    None if you are still married. It's family income which people divide up as they wish and will.

    If you remain married to him you will be entitled to the same TriCare medical care, commissary, etc. as you have now. Should you divorce you lose all of those benefits.

    If you are already divorced, then that should already be spelled out in your divorce decree.

    If you are getting divorced, then the divorce decree will allocate a martial share of his retirement to you. If at least 10 years of your marriage overlap his military service, then you are able to get payments direct from DFAS, assuming all the paperwork is done right.

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  • Does agreeing to repair a fence in writing during the complaint process on the BBB website constitute a legal obligation?

    We complained about a fence company to the BBB. Basically, our fence started deteriorating only a few weeks after being installed. The fence co said the reason was we didn't seal the fence, and that the contract states they aren't responsible for ...

    Philip’s Answer

    Follow Mr. Lautin's advice.

    Unless it is in the contract that any disputes will be negotiated through BBB then there is no further remedy with BBB. People do get results by complaining through BBB about a business. That is usually because the company sees a public relations benefit from getting good BBB ratings or reviews.

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  • Solddier is in the MEB process. Recently charges with shoplifting. in the end he will be given an article 15.

    Question: Will this charge follow him outside of the army will it affect his MEB process will it affect his Ratings will it affect the grounds on which he will be discharge dos this charge carry a jail time I agr...

    Philip’s Answer

    It may affect his medical processing. It depends on how they decide to deal with the shoplifting issue.
    Whether he gets discipline will be based on the amount he took, his military record, and his chain of command's attitude to him.
    It could be used as a basis for discharge. The current rules allow for the commander to decide whether to allow the misconduct or the medical to take priority. The general rule is that misconduct trumps medical.
    He should consult with TDS or an attorney for help.

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  • What must a lawyer provide to his replacement when a client changes lawyers?

    We're not satisfied with the competency or responsiveness of our parents' current lawyer, who drew up their most recent wills, POA's, and Trust docs. If we change lawyers, what must he forward to his replacement vs what might be considered his fi...

    Philip’s Answer

    Well, in Virginia, as in most states and attorney should keep a complete copy of the file for his own records.

    The attorney should then return any original documents provided by you back to you.
    The attorney should also provide the original of any documents received from others.
    There is no requirement as to the format. It is permitted, for example to put it all on a CD in digits.

    Having taken over cases myself it is usually me who contacts the attorney and gets what I need from them. That solves any issues with the client having to communicate with the prior attorney and I can be sure I have what I need. I think this is something that can generally be worked out by the lawyers.

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  • What happens or what are my options if I am recommended for a MEB/PEB and during the evaluation they determine that I do not

    meet the standards to be medically separated? Can I appeal that decision? If so, how and how long it could take? I am being recommended for a MEB but am not sure what will happen now. I want to know my options.

    Philip’s Answer

    There are various appeals that may apply.
    You should start with the MEB/PEB counselor. Talk to them about the options once you have the MEB findings.
    Not all MEB's proceed to the PEB process. If they recommend you for PEB and a rating, then that is a significant favorable step.

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  • Military Law. Officer with a DUI in Korea. What are my options?

    I went out to get some food and drinks with some friends. I left the group early due to me being tired. I was driving to my place and I did not come to a complete stop at a stop sign. MPs pulled me over and breathalyzed me. I was brought back to t...

    Philip’s Answer

    The military has jurisdiction over your case.
    They can decide to court-martial you. Whether they do that will depend on the .bac level, your conduct and demeanor through the process, and whether or not you have some command/leadership support.
    You will definitely be offered and Art. 15 if they do not decide to court-martial.
    If they do not do a Art. 15, you will almost certainly get a GOMOR, and it will be filed in your fiche. Even if retained that will affect future promotion and assighments.
    You will most likely get and adverse/referred OER.
    You will likely get either a "field" directed show cause board for retention or if the local commander does not do that, likely a HRC directed show cause board.
    Some of this depends on your rank. For example if you are retirement eligible, you could also face a retirement grade reduction issue.
    This is the parade of horribles. Your best option right now is starting to assemble mitigation information and evidence.

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  • I've had 2 DUI arrests in the past 3 years. I'm a member of the national guard, how can this affect me?

    I'm a member of the air national guard and have had 2 dui arrests in the past 3 years. Both were dropped/dismissed. Both happened while I was not on orders or a military status (I understand I'm still under the ucmj to some extent). Also both h...

    Philip’s Answer

    Do you need a security clearance?
    These will likely cause an initial intent to deny/revoke a clearance if you need one.

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