Squadron Legal Officer Duties?

Started by PhoenixRisen, May 26, 2009, 09:57:49 PM

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DBlair

Ok, just figured I'd ask. While I understand that normally any giving of legal advice would be considered as practicing law, I was thinking that perhaps since at the unit level, the Legal Officer doesn't really do much as mentioned earlier, that perhaps they didn't need to be licensed in that state. Thanks for clarifying, gentlemen.
DANIEL BLAIR, Lt Col, CAP
C/Lt Col (Ret) (1990s Era)
Wing Staff / Legislative Squadron Commander

alamrcn

Now that the initial question has officially been answered...

Quote from: PhoenixCadetthe duties and responsibilities of a squadron legal officer.

I thought it was to say, "I wouldn't do that if I were you."  ;)

Our organization's legal officers have been a GREAT asset to have when it comes to the fit hitting the shan.

However, some of them seem to maintain an over-the-top and constant "the best defense is a good offense" attitude in avoiding potential liabilities. While most of this uber vigilance falls along the duties of a good Safety Officer, other advice can be sort of a buzz kill on the membership's fun. Ugh, it's the world we live in now.

Anyways...
Hopefully the lack of an insta-promotion to Captain won't keep the father from joining, and he'll be able to find other atributes of the program to work with... Like being a Safety Officer!



Ace Browning, Maj, CAP
History Hoarder
71st Wing, Minnesota

capchiro

Actually, one doesn't need to be licensed in the state one is attempting to join CAP in.  One only needs to have a license to practise law in any state to be recognized by CAP as a legal officer.  This is similiar to the military JAG's in that they don't have to be licensed in the state or country they are assigned to to be a JAG officer in, they only have to to prove they are licensed in some state.  Remember the legal officer's client is National and not the local CC.   
Lt. Col. Harry E. Siegrist III, CAP
Commander
Sweetwater Comp. Sqdn.
GA154

Cecil DP

Quote from: Eclipse on May 27, 2009, 06:04:05 PM
...and the appointments and associated grade are based on being able to practice law, my assumption would be that just like an EMT, no license, no appointment.

As a commander I would not submit anyone at my level for the job without a license.

All professional appointments require the appropriate "licensure" or certification. Graduating from Medical School or Law School  gives an academic degree, but does not make you a physician or Lawyer. The State License to practice does. 
Michael P. McEleney
LtCol CAP
MSG  USA Retired
GRW#436 Feb 85