I will start my review by saying I really like Patrick and his office staff. He and his staff are very responsive to requests and inquires. He’s a damn good lawyer.
My case, in my opinion, was not a particularly difficult one; the government declined courts martial opting for an Administrative Boa...rd instead.
-Patrick is a fighter. I think he loves the verbal combat involved with defending his clients, especially when he feel like they’re being screwed.
- For me, I don’t feel like I clearly understood the direction Patrick wanted to go with my case. I didn’t understand the overall strategy and direction to counter the government’s assertions. Perhaps, this approach was to keep from going down the rabbit hole but, I wish I had a little more direction and clarity.
-I did not feel particularly prepared to testify in my case. The pyschodrama was expensive ($3K), but helpful. I don’t think there was enough “red teaming”, getting in the mind of the government, to prepare me to see the direction the government would go. This point is related to the previous points about overall strategy.
- My case was built on emotional responses and, I don’t feel like the exculpatory facts of the case were highlighted in the way I was hoping. Being exonerated was important but, the basis on which I was exonerated was important to me. I can’t (and am not) complain(ing) because the result, overall, was favorable.
-There was a shotgun approach to witness testimony. There was no real direction or strategy. I gave a list of people as character witnesses for me. Some witnesses had material facts about the climate in the command to which I was attached. I don’t think it was anticipated the board may ask my character witnesses facts and opinions about the people who made the accusations against me. I wish some of these people would have been disposed so that we could have had more insight to what they were going to say. There was one person who seemingly tried to provide (completely unfounded) reasons for “why” the incident took place. I think had we know this was the direction this witness would go, we could have dropped him and got another witness who was actually in the command at the time the alleged incident took place and would’ve have provided some exculpatory information and opinions to cast the person at the center of the government’s case in a completely different light.
- I don’t feel like I was involved in or really asked to provide any relevant ideas about the case. I was just on a guided tour. Perhaps this is my fault, as I’m not really an assertive person, especially as it relates to someone as I see in charge. I wrote a pretty detailed response to the report used as the basis of the government’s case. I got no real feedback on the points I raised and, I didn’t really ask. As I said, it worked out, overall, but, I would’ve like to have a complete exoneration. I felt like I was “let off” because the board members felt sorry for me instead of reviewing and depending the facts of the case.
-Like I said Patrick is a good lawyer and will fight for you. I think the level of interaction will depend on the level of complexity as it relates to the case.
Patrick Mclain
Replied last April 17, 2018
This is a rather complicated review by a man who was wronged by the system in the Navy. He is right; we fought hard and well and got the right result for him. I know that he really wanted to attack the attackers, but I am glad that he trusted me that we had another avenue to victory that had less danger of backfiring. It is an honor to fight for men like this Naval officer, and I am grateful for his praise. To you, Sir, you were not "let off". The Board of Inquiry felt that they had to consider the higher level of accountability for commanding officers, and though we do not agree with their one finding, the overall result was correct and just. Semper Fi, Patrick McLain