Preventive Law Programs: A SWIFT Approach

[Lieutenant Colonel Michael A. Rodgers]{.smallcaps}[^1]

> *One of the keys to successfully managing a base legal office is to
> maintain a system of repeatable processes.*
>
> -- Major General William A. Moorman, The Judge Advocate General[^2]

**I. INTRODUCTION**

An opening proposition, albeit at the risk of understatement, for the
reader's consideration: the preventive law program is a very important
program. Yet, the daily tempo of a typical wing legal office often
demonstrates a different reality. At worst, the actions of the staff
judge advocate and the legal office staff reinforce the notion that the
preventive law program is not at all important. At best, their actions
reflect a perception that although the preventive law program may be
important, not all important programs warrant equal support. At many
installations it is tacitly understood that the "real" mission of the
wing legal office is to meet statutory requirements under the Uniform
Code of Military Justice[^3] and to preserve commanders' prerogatives to
take actions consistent with the overall mission of the United States
Air Force.[^4] In other words, the preventive law program is perceived
to drain office resources from more important mission-related tasks.
This perception is wide of the mark. In fact, a vigorous preventive law
program can actually liberate resources, which can then be placed
against other tasks.

Given the benefits associated with a preventive law program, one must
wonder why a prejudice appears to exist in the Air Force. Most likely,
the prejudice exists because few members of a legal office have been
part of a vigorous preventive law program and, consequently, have not
witnessed the tangible benefits. This article is intended to dispel
erroneous perceptions of the preventive law program and to highlight its
worth. The article provides those responsible for the program, at the
installation level, with a system of repeatable processes calculated to
increase the odds of developing and maintaining an enduring and relevant
preventive law program. Realization of a successful preventive law
program requires a broad understanding of the object and scope of the
program and the responsibilities of those involved in the program. Those
issues are identified in the next part of the article.

**II. THE Air Force PREVENTIVE LAW PROGRAM**

The rationale for maintaining a preventive law program is that a good
preventive law program can educate commanders, service members, and
service members' families on a variety of legal issues.[^5] Arising from
this educational effort are the expectations that legal problems can be
prevented and that the time and resources needed to correct legal errors
and uncertainties can be reduced.[^6] With these expectations in mind,
the program's statutory and regulatory lineage assign responsibilities
for the program.[^7] The Chief of the Legal Assistance Division, Air
Force Legal Services Agency (Legal Assistance Division), is charged with
the overall operation of the Air Force Preventive Law Program and
provides general guidance regarding its implementation.[^8] A faculty
member at the Air Force Judge Advocate General School serves as the
Director of the Preventive Law Program.[^9] The responsibilities of this
faculty member are to compile and distribute preventive law information
to legal offices throughout the Air Force.[^10] The installation staff
judge advocate is responsible for the preventive law program at the
installation and for determining the scope of the program.[^11] Although
the staff judge advocate has wide latitude in deciding the breadth of
the program, certain program areas must be included.[^12]

# A. Deployment Preparation

Since 1989 the United States has engaged in thirty-six deployments.[^13]
In contrast, during the 40 years of the Cold War, the United States
engaged in only ten deployments.[^14] This increase in operations tempo
and the Air Force evolution to the Expeditionary Aerospace Force[^15]
have driven the deployment preparation requirement to the
forefront.[^16] According to Air Force instructions,[^17] a minimally
acceptable deployment program must educate members on their personal
legal needs for mobility readiness and deployment and their rights under
the Soldiers' and Sailors' Civil Relief Act (SSCRA)[^18] and the
Veterans' Re-employment Rights Act (now Uniformed Services Employment
and Reemployment Rights Act).[^19] Obvious topics include the importance
of preparing wills, powers of attorney, and other necessary documents
before deployment. Predeployment planning significantly reduces last
minute document preparation and reduces the anxiety levels of the
military member, family members, and the command element.

# B. Commander Awareness

Staff judge advocates are required to advise their convening authorities
of the statutory duty under the Uniform Code of Military Justice[^20] to
at all times communicate directly with the staff judge advocate in
matters relating to administering military justice.[^21] In addition,
the staff judge advocate is charged with a number of responsibilities:
providing legal services required by commanders and staff agencies;
advising commanders on disciplinary matters, preparing charge sheets and
assisting in preparing nonjudicial punishment actions; providing legal
advice and assistance to Security Police and Air Force Office of Special
Investigations personnel; and providing advice to commanders and
investigating officers on all investigations conducted under a
commander\'s inherent authority or under regulation; providing legal
advice and reviewing actions for legal sufficiency; acting as Air Force
liaison with the United States Attorney and other federal, state, and
local legal departments, administrative agencies, and judicial bodies;
representing Air Force interests in utility rate matters; supporting and
representing Air Force interests in environmental and civilian labor
matters; providing briefings required by law, directive, instruction, or
policy; drafting and reviewing operation and exercise plans for
compliance with the law of armed conflict; providing advice to
commanders and their staffs on international law matters, including
foreign criminal jurisdiction, host country law, civil litigation,
negotiations, and treaty and agreement interpretation; and providing
advice and counsel to participants in all mobility and contingency
operations.[^22]

When commanders and staff agencies are aware of the full range of legal
services provided by the legal office, the imperative to get things done
"yesterday" is significantly diminished. Staff judge advocates are well
advised to invest the time to educate commanders and staff on the
advantages to the command of timely reliance on legal services and on
all legal matters affecting command.[^23] Judge advocates at every
echelon should be reminded that timely communication with commanders and
staff agencies regarding the status of legal services is a fiduciary
duty borne by the members of the legal office.[^24]

# C. Tax Assistance

The Volunteer Income Tax Assistance Program (VITA) involves volunteers,
trained by the Internal Revenue Service (IRS), who provide free tax
assistance at on-base locations to individuals who need basic assistance
with preparation of their income tax return. Air Force-wide, this
program has been a phenomenal success and has become a welcomed
"entitlement" for service members, retirees, and family members. To
illustrate this point, for the 1999 tax season, Air Force legal offices
and IRS officials trained 4,129 unit tax volunteers.[^25] Their efforts
resulted in electronic filing of 114,980 federal tax returns and 4,952
state returns.[^26] Conservatively, this yielded almost \$9.4 million in
savings to Air Force personnel.[^27] Despite the success of the VITA
program, legal offices do not consistently promote the tax program to
the fullest extent. Too often, a legal office squanders this annual
opportunity to put its best foot forward. An aggressive, well-publicized
tax program, consisting of a core of trained unit tax advisors, extends
the influence of a legal office into every organizational element on the
installation. Coupled with an electronic tax filing system, VITA
provides an excellent opportunity to generate an amazing amount of
goodwill and credibility for a legal office.[^28]

# D. Legal Assistance and Consumer Protection

This has been aptly termed the "meat and potatoes" of the day-to-day
activities of the majority of the legal office staff.[^29] The Air Force
provides legal assistance to eligible beneficiaries concerning personal,
civil legal problems, subject to the availability of legal staff
resources.[^30] The Air Force has structured the program into two
categories. The first, mission-related legal assistance, ensures that
the legal difficulties of military members do not adversely affect
command effectiveness or readiness. Eligible beneficiaries typically
include active duty members, including reservists and guardsmen on
federal active duty, and their family members who are entitled to an
identification card.[^31] Mission-related legal assistance includes
wills, living wills, powers of attorney, and notaries; SSCRA and
veterans\' reemployment rights issues; casualty affairs; dependent care
issues; involuntary allotment issues; landlord-tenant and lease issues;
tax assistance; and other issues deemed mission related by The Judge
Advocate General, major command staff judge advocates, numbered air
force staff judge advocates, the base staff judge advocate, or the
commander.[^32]

The second category, non-mission-related legal assistance, is not
specifically defined in the instruction; however, it is limited to
personal, civil legal problems. Non-mission-related legal assistance is
provided as resources and expertise permit, as determined by the SJA.
Typical beneficiaries are those personnel eligible for mission-related
legal assistance, retired personnel and their family members who are
entitled to an identification card, and unremarried former spouses
entitled to a dependent identification card.[^33]

> Legal assistance, whether mission related or non-mission related, does
> not include the following activities: business or commercial
> enterprises (except in relation to the SSCRA); criminal matters;
> ethical issues; law of armed conflict issues; official matters in
> which the Air Force has an interest; legal concerns or issues raised
> on behalf of another person; representation of a client in a civilian
> court or an administrative proceeding; and drafting or reviewing real
> estate sales or closing documents, separation agreements, divorce
> decrees, or inter vivos trusts (unless the SJA determines an
> individual attorney within the office has the expertise to do
> so).[^34]

The benefit of the legal assistance program to military members, family
members, and retirees is truly incalculable. Whether measured by client
dollars saved, legal entanglements avoided, or increased morale, this
area can certainly be an unqualified success. The only possible negative
aspect of a legal assistance program are that access is difficult or
that the legal assistance providers display a poor "bedside manner."
Given the Air Force members' overwhelming demand for legal assistance,
each of these negative aspects may have some basis in reality.[^35]

Access for legal assistance clients can be a problem. Far too
frequently, the demand for legal assistance will expand to fill whatever
time is devoted to it. This creates a nearly unavoidable domino effect.
The staff, then, becomes inundated with clients (many of whom are
visibly upset by the difficulty of their legal circumstances) wanting
and expecting relief. Judge advocates, overtaxed with clients and
suffering from a lack of time and resources, might then have difficulty
maintaining a professional, helpful attitude. Thus, it is foreseeable
that customer service might suffer. A well-conceived preventive law
program can help break this chain of cause and effect.

**III. THE SWIFT APPROACH**

A smooth running, successful preventive law program does not happen by
accident. It must be designed with specific standards and goals in mind
to develop a cogent strategy for success. Sufficient time devoted to
planning and maintenance will result in an effective preventive law
program that will lead to an appreciable reduction in the overall
workload, including legal assistance. Once established, the program must
be reviewed periodically to ensure it is still on track. While this
approach sounds simple, there certain limiting factors common to most
legal offices can and do interfere. First, the judge advocate
responsible for the preventive law program is very often one of the
newest judge advocates in the office. Second, given the demands placed
upon the legal office, responsibility for the preventive law program is
assigned as an additional duty as opposed to a primary duty. Third, the
preventive law program is not the top priority for allocation of scarce
legal office resources. Despite these limiting factors, a successful
preventive law program is attainable.

Since few legal offices have sufficient time to devote to the
development of a preventive law program, a "template" approach provides
an expedient alternative. This approach is known by the acronym "SWIFT."
The SWIFT approach accedes to the notion that most, if not all, programs
conducted by the legal office are very important*.* Further, it also
recognizes that all very important programs may not be considered equal.
Stated another way, the SWIFT approach is an attempt to enable a legal
office to field a coherent preventive law program that is not burdensome
to the legal office staff and does not require exhaustive support
efforts. The SWIFT approach is characterized by the following five key
elements: Sustainable, Wide-ranging, Interactive, Friendly,
Transportable. These elements do not purport to be the only way to
design a preventive law program; in fact, an individual legal office may
include additional elements that account for its unique set of
circumstances. Nevertheless, the SWIFT approach represents a point from
which a deliberate, repeatable process to develop or reinvigorate an
installation preventive law program can begin.

# A. Sustainable

The primary impediment for many preventive law programs is an inability
to continue their momentum. This problem is most acute when the legal
office staff is undermanned and overworked. Preventive law has
historically been one of the first areas to suffer a cutback when
resources are scarce. Thus, a successful program must be able to weather
frequent adverse conditions. By way of illustration, suppose the current
chief of preventive law at a base legal office has developed a
comprehensive preventive law program. It requires his personal attention
to conduct a variety of presentations and briefings across the
installation. It also relies upon a state-of-the-art Internet homepage.
Then suppose that the chief is reassigned. What will happen to the
preventive law program? Commonly, the quality of the program will take a
precipitous drop because it is not sustainable. To be sustainable, a
preventive law program cannot overreach its inherent limitations. Such
limitations include available time, personnel, equipment, and funding.

Sustainable programs take a cue from the larger, institutional Air Force
in that they should define their core competencies[^36] and "privatize"
the remainder.[^37] Arguably, a legal office should focus its direct
energies on meeting the required program elements. Other program areas
can be satisfied by reliance upon representatives from outside agencies.
For instance, many states have a robust child welfare agency. These
agencies often provide free assistance in pursuing paternity and support
claims. Other enterprising state agencies undertake representation
regarding separation and divorce agreements. Likewise, the state
attorney general or the local Better Business Bureau may sponsor an
aggressive consumer advocacy program. By tapping into these existing
agencies, publicizing their location and telephone numbers, and by
personally referring clients to these agencies, the preventive law
program can maintain its vitality during periods of staff transition or
unforeseen exigencies.

Similarly, legal office web sites should be developed for the long
term.[^38] While a web site is a fine way to introduce your services to
your clients, it is only useful if it is well maintained.[^39] Often
webmasters focus solely on the chore of building a homepage and neglect
to include features that make the site helpful and easy to use and
maintain. Too often, a web site may look fantastic, but provide little
real benefit for a client. Large, slow-loading images and
technologically advanced "bells and whistles" are unneeded barriers to
clients operating with older equipment and software in that
accessibility can be hindered. In addition, the Air Force Legal
Information Services Directorate of the Air Force Legal Services Agency
noted that animated images, multimedia, Java, ActiveX, and other web
page "applets" often become form-over-substance distractions.[^40] While
one or two animations on a page may add luster, too many will create an
unprofessional "amusement park" look.[^41]

Outdated materials or nonfunctioning links also increase client
frustration and defeat the purpose of the web site. In today's
information driven world, these difficulties multiply quickly when the
webmaster does not have sufficient time to keep the page updated. It is
axiomatic that on-line reference materials be current if they are to
serve as useful tools. One way to ensure that these reference materials
are kept up to date is to link them to other web sites that are
continuously amended. As an example, if the legal office web site
provides tax information, consider a direct link to the Internal Revenue
Service (IRS) homepage.[^42] The IRS maintains an excellent site with
both current and past year forms and publications. Additionally, the IRS
site allows people to e-mail questions directly to a customer service
liaison. By linking to such a site, the web site remains current with no
additional effort from the webmaster. The clients also receive the
benefit of receiving timely, valuable, and relevant information directly
from the most knowledgeable source. Ultimately, these types of links
enhance the preventive law program. They meet legitimate client needs
and serve to reduce the number of clients visiting the legal office.

# B. Wide-Ranging

This key element requires that the preventive law program address the
true needs of the clients. While certain legal issues, such as wills and
family law, are prevalent at every Air Force installation, other legal
matters may be much more common at only a few installations. At basic
and technical training centers, the majority of clients may be young,
single troops or troops with new families. Consequently, the preventive
law program may have to emphasize financial responsibility and consumer
rights, issues that tend to arise on installations with younger Air
Force members. An installation with a more mature population or with a
large number of retirees may have a program with a decidedly different
focus. To take the argument a step further, legal offices at overseas
installations must deal with a host of issues that would probably never
arise at an installation in the continental United States.

Thus, it is necessary for the preventive law program to identify the
needs of its clientele and address them. It may be possible to gather
this information through questionnaires, feedback forms, or surveys
conducted in the units on the installation. Another approach might be to
talk with commanders, first sergeants, and senior enlisted members to
determine what kind of issues they most commonly deal with. Yet a third
suggestion would be to review the client database and determine what
type of services clients are requesting.[^43]

A good preventive law program should be described as having something
for everyone. While a smorgasbord approach may sound burdensome, a legal
office should play to its strengths and leverage its weaknesses. If the
active duty staff is not strong in a particular area of the law, seek
support from practitioners in the reserve components or from nearby
installations.[^44] Develop alliances with local bar associations and
invite their members to share their expertise. In return, attend the
local bar association meetings and explain the differences between pay
and allowances or some other esoteric area of military practice.
Nurturing professional and courteous relationships while in garrison can
pay great dividends, especially when judge advocates and their clients
are deployed.

# C. Interactive

This element encompasses three components. The first is the traditional
notion of feedback. Clients must be provided with a means to communicate
with the legal office. Clients will let you know what aspects of your
preventive law program do or do not work. They will also tell you which
areas are ripe for improvement. The feedback component could consist of
a survey (paper or electronic), a client message service, (telephonic or
electronic), or a client discussion session. The discussion session may
be a good approach to use when presented with a captive audience. For
instance, at a quality force meeting, ask the commanders, first
sergeants, or supervisors for their views regarding the preventive law
program. Guaranteed, they will have an idea or two worthy of serious
consideration.

Second, think of ways to present information using different media.
Maybe the claims program and distant clients would benefit if the claims
briefing could be mailed to the client and viewed on a videotape.
Perhaps legal-oriented public service announcements for inclusion on the
commander's radio or television channels would be appropriate. Pushing
the envelope further, consider a live or taped "Ask the Lawyer" program
or an e-mail question and answer program. Needless to say, if you
consider the latter options, seek approval from higher headquarters and
strictly comply with the applicable codes of professional
responsibility.[^45]

The third "interactive" component recognizes a need for clients to help
themselves. All too often, the legal assistance staff shoulders every
hardship faced by the client. While this willingness to help is laudable
and to be fostered, such an approach is not necessarily consistent with
a sound legal assistance or preventive law program. Rather, it is
indicative of poor time management skills and a harbinger of stress for
an overworked staff. An unspoken aim of the preventive law
program---and, for that matter, the legal assistance program---is to
teach clients how to anticipate, avoid, and extricate themselves from
legal peril. One way to achieve that aim is to allow clients to bear
some of the workload and responsibility. As the parable declares, give a
man a fish and he will eat for a day, but teach a man to fish and he
will eat for a lifetime.

For example, a client faced with an angry creditor asks his legal
assistance attorney to draft a response and dumps a shoebox full of old
bills and letters on the desk. If the judge advocate performs the duty
without substantial participation by the client, then the client is
relieved of the responsibility for his own legal deliverance. Clients
can and should perform most simple administrative tasks. Sample letters
can be made available and the client can be tasked with composing a
first draft to the creditor for the attorney's review. In this manner of
active client participation, it is more likely the client will learn
something about organizing finances, responding to creditors, and his
rights as a consumer.

# D. Friendly

A thriving preventive law program has a friendly client interface and
must be client centered. Open access to the legal office staff must be
the rule. Obstacles should be eliminated whenever possible. The staff
should internalize the notion that there are no dumb questions. Remember
that lawyers practice a specialty once considered impossible for the lay
person to understand. Stated in another fashion, clients display a
measure of bravery by merely approaching a member of the staff with
their question, especially if the question concerns a private,
sensitive, or embarrassing matter. Accordingly, all clients should be
placed at ease and their questions given confidential, reasoned
responses.[^46]

In addition, the preventive law materials must be drafted with the
client in mind. Handouts should be written in plain language and not
legalese. Ideally, if a segment of the clientele does not speak English,
then a member of the staff should speak the language. At a minimum,
handouts should be written to meet their language needs. Finally, if the
preventive law program relies upon a web site it should be easy to find,
navigate, and understand. As noted earlier, information on the web site
has to be current and all links from the site should be active.

Being visible on the installation is another aspect of being "friendly."
Newspaper articles, the tax program, or a special event in conjunction
with Law Day are excellent vehicles for hoisting the legal office
standard. Posters and newspaper articles must convey the right
message---one that lets the base population know the legal office staff
has anticipated their needs and is prepared to help. Consider assigning
personnel to tend to the particular needs of a specific unit (e.g.,
squadron judge advocates). This hands-on approach may prove beneficial
for those units that deploy frequently or operate on weekends or evening
shifts. Commanders and staff are more likely to approach visible,
friendly judge advocates, thereby advancing the commander's awareness
element of the preventive law program.

# E. Transportable

In today's Air Force, the idea of transportable preventive law means a
program that goes where the troops go. Frequent deployments have become
a fact of life. As a result, the preventive law program must be mobile.
Connectivity from the deployed location to the home legal office is an
absolute necessity.[^47] Unless the deployed judge advocates are going
to be solely devoted to providing legal assistance, it can be beneficial
to fashion a method of allowing clients to independently assist
themselves with the resolution of simple, recurring legal problems.
Access to the Internet, fax capability, telephones (defense switching
network and commercial), and mail must be considered. However, judge
advocates should be mindful that in a deployed environment, dependable
communication is not assured. Backup resources must be contemplated.
When space or weight is a limiting factor, statutes, regulations, and
sample letters on disk or CD-ROM may be useful substitutes.[^48]

Viewing "transportable" in a different light, consider taking the
preventive law program on the road. Expand upon the idea of commander's
calls or unit-designated judge advocates by creating special events.
Special events are very useful in quickly targeting information for a
large homogeneous audience. If the installation has an abundant retiree
population, address their needs. Seek opportunities to present a special
program at their regularly scheduled meetings and seminars. As an
alternative, host a seminar and invite representatives from the Social
Security Administration, the Veterans Affairs Administration, Tricare,
and various state agencies. Family members of deployed personnel
represent another target of opportunity. Consider a special event
before, during, or after units deploy.

As an additional bonus, when legal offices host special events they
forge strong bonds with the agencies to which they refer clients.
Clients also begin to recognize that each call for assistance does not
have to start with the legal office---they can go directly to the
responsible state or federal agency. In this manner, the number of
clients contacting the legal office for simple referrals and information
can be significantly reduced with no adverse impact upon the clientele.

# IV. CONCLUSION

A thriving preventive law program provides a suitable opportunity for a
wing legal office to exert a major, positive influence upon the
installation. A successful program cannot be established in an *ad hoc*
fashion. Rather, it calls for a premeditated, comprehensive approach.
The SWIFT approach, with its system of repeatable processes, is one
technique for increasing the likelihood of creating a prosperous
program. The SWIFT approach fulfills the statutory and regulatory
program requirements and frees scare resources for use on other worthy
tasks. By becoming a champion for the preventive law program, the legal
office staff can ensure that a prime opportunity to enhance mission
effectiveness will not be left to chance.

[^1]: ^^ *Lieutenant Colonel Rodgers (B.A., Ohio State University;
    J.D., University of Cincinnati; LL.M., George Washington University)
    is the Staff Judge Advocate, Altus Air Force Base, Oklahoma. He is a
    member of the Ohio State Bar.*

[^2]: Major General William A. Moorman, The Judge Advocate General,
    Graduation Address at the Staff Judge Advocate Course 99-A, United
    States Air Force Judge Advocate General School (July 2, 1999).

[^3]: 10 U.S.C. §§ 801--946, [Unif. Code Military Justice]{.smallcaps}
    (1998).

[^4]: The stated mission of the Air Force is "to defend the United
    States through control and exploitation of air and space."
    [Department of the Air Force, Global Engagement: A Vision for the
    21^st^ Century Air Force]{.smallcaps} (1996) \[hereinafter [Global
    Engagement]{.smallcaps}\].

[^5]: *See* Air Force Instruction 51-504, Legal Assistance, Notary, and
    Preventive Law Programs ¶ 3.1 (May 1, 1996) \[hereinafter AFI
    51-504\].

[^6]: *See id*. Clearly, if the expenditure of time and resources
    devoted to resolving the range of legal problems is reduced, then
    those resources can be reallocated to address military justice
    problems and those issues infringing upon commanders' prerogatives
    to act in furtherance of the Air Force mission.

[^7]: *See* 10 U.S.C. § 1044 (1998); Air Force Policy Directive 51-5,
    Military Legal Affairs ¶ 1.11 (Sep. 27, 1993) \[hereinafter AFPD
    51-5\]; AFI 51-504, *supra* note 4, ¶ 3.2.

[^8]: AFPD 51-5, *supra* note 6, ¶ 12.1. The Air Force Legal Services
    Agency is located at Bolling Air Force Base, Washington, D.C.

[^9]: *See id*. ¶ 12.4. The Air Force Judge Advocate General School is
    located at Maxwell Air Force Base, Montgomery, Alabama.

[^10]: *See id*.

[^11]: *See id*. ¶ 12.5.

[^12]: *See* AFI 51-504, *supra* note 4, ¶ 3.2.2.

[^13]: *See* Greg Seigle, *Peacekeeping Undermines US Combat Readiness*,
    32 [Jane's Defence Weekly]{.smallcaps}, July 28, 1999, at 21.

[^14]: *See id*.

[^15]: The Expeditionary Aerospace Force (EAF) is a restructuring of the
    Air Force into ten main \"expeditionary\" groups that would rotate
    responsibility for foreign deployments. Their maximum time on call
    would be one ninety-day period in every fifteen months. The EAF is
    expected to ease the strain of increasing overseas missions. The
    change marks the first major overhaul for the Air Force since the
    Cold War ended. *See* Tom Raum, *Air Force Is Restructuring To Ease
    Strain Of Missions*, [Phil. Inq]{.smallcaps}., Mar 6, 1999.

[^16]: In fact, the Legal Assistance Division has developed, in
    consonance with the EAF, a model personal legal readiness plan. The
    model plan is unique in that it proposes to measure personal legal
    readiness by the percentage of troops who have made a decision as to
    whether or not they want a will or power of attorney, and the
    percentage of expeditionary force troops desiring wills or powers of
    attorney who have received them prior to deployment day. This
    contrasts with the current metric, which only measures the
    percentage of deployable troops contacted about having a will or
    power of attorney. The model plan pins the troops down ahead of time
    and aims to avoid the usual last-minute rush to the legal office.
    *See* Legal Assistance Division of the Air Force Legal Services
    Agency (last updated Sep. 14, 1999) \<http://aflsa.jag.af.mil/
    GROUPS/AIR_FORCE/JAC/jaca/ slides/Default.htm\>.

[^17]: *See* AFI 51-504, *supra* note 4, ¶ 3.2.2.1.

[^18]: 50 U.S.C. app. §§ 501--593 (1990).

[^19]: 38 U.S.C. §§ 4301--4333 (Supp. 1996).

[^20]: 10 U.S.C. § 806(b), [Unif. Code of Military Justice]{.smallcaps}
    art. 6(b) (1998).

[^21]: *See* Air Force Instruction 51-102, The Judge Advocate General's
    Department ¶ 3 (July 19, 1994) \[hereinafter AFI 51-102\].

[^22]: *See id*. ¶ 3

[^23]: *See* AFI 51-504, *supra* note 4, ¶ 3.2.2.2.

[^24]: [Air Force Rules of Professional Conduct]{.smallcaps}, Rule 1.4
    (1997).

[^25]: *See* Legal Assistance Division of the Air Force Legal Services
    Agency, *1999 Base Tax Program Statistics* (Bolling Air Force Base,
    Washington, D.C.) (undated) (on file with the author).

[^26]: *See id*.

[^27]: *See id*. The Legal Assistance Division maintains a list of
    charges for tax return processing. *See* Legal Assistance Division
    of the Air Force Legal Services Agency (last updated Sep. 14, 1999)
    \<http://aflsa.jag.af.mil/GROUPS/AIR_FORCE/JAC/jaca/TAXLST.htm\>.

[^28]: The IRS has contracted with Universal Tax Systems, Inc., for
    electronic filing software to complement the VITA program. The
    TaxWise software is a comprehensive tax preparation system with over
    1,800 forms plus integrated state and electronic filing modules.
    Universal Tax Systems is based in Rome, Georgia, and their web site
    can be found at http://www.taxwise.com.

[^29]: In calendar year 1998, Air Force legal assistance offices helped
    264,657 clients during 464,147 total office visits. Office personnel
    drafted 62,551 wills, 179,253 power of attorneys and notarized
    392,462 documents. Legal Assistance Division of the Air Force Legal
    Services Agency, *Air Force Legal Assistance Statistics -- Year
    Ending 1998* (Bolling Air Force Base, Washington, D.C.) (undated)
    (on file with the author).

[^30]: *See* 10 U.S.C § 1044 (1998).

[^31]: *See* AFI 51-504, *supra* note 4, ¶ 1.3. Additional beneficiaries
    include civilian employees stationed overseas and their family
    members who are entitled to an identification card and reside with
    them, and members of the Reserve and National Guard not on Title 10
    status, but who are subject to federal mobilization in an inactive
    status, are eligible for legal assistance for wills and powers of
    attorney. *Id.* ¶ 1.3.2.

[^32]: *See id.* ¶ 1.3.1.

[^33]: *See id*. ¶ 1.4. Additionally, 10 U.S.C. § 1044 (a)(3) extends
    legal assistance to those officers of the commissioned corps of the
    Public Health Service who are on active duty or entitled to retired
    or equivalent pay.

[^34]: *See* AFI 51-504, *supra* note 4, ¶ 1.2. As a reminder to the
    legal assistance practitioner, TJAG Policy Letter 18 states that
    when a proper professional treatment of a member's legal problem
    exceeds the scope of the legal assistance program, it is essential
    that each office establish and maintain a procedure for referral of
    clients to the civilian bar that is free from even the appearance of
    favoritism or other impropriety. TJAG Policy Letter 18, *Preventive
    Law and Legal Assistance Policy* (Feb. 4, 1998) (Office of The Judge
    Advocate General, Washington, D.C.)

[^35]: According to The Deputy Judge Advocate General, staff judge
    advocates should ensure clients have access to legal assistance and
    the office should adopt an attitude demonstrating a commitment to
    "taking care of our people." Major General Andrew M. Egeland, Jr.,
    The Deputy Judge Advocate General, Keynote Address at the Staff
    Judge Advocate Course 99-A, United States Air Force Judge Advocate
    General School (June 21, 1999).

[^36]: The core competencies of the Air Force consist of Air and Space
    Superiority, Global Attack, Rapid Global Mobility, Precision
    Engagement, Information Superiority, and Agile Combat Support.
    [Global Engagement]{.smallcaps}, *supra* note 3, at 9.

[^37]: Privatization is the transfer of government assets or operations
    to the private sector. For a summary of Air Force efforts in this
    area, see Sheila E. Widnall, Privatization--A Challenge of the
    Future, Address at the Base and Civic Leader Dinner, McClellan Air
    Force Base (Feb. 7, 1996)
    \<http://www.af.mil/news/speech/current/Privatization\_\--\_A_Challeng.html\>.

[^38]: Prospective Air Force webmasters are advised to review Air Force
    Instruction 33-129, Transmission of Information Via the Internet
    (Jan. 1, 1997) \[hereinafter AFI 33-129\], prior to constructing
    their web site. That Air Force instruction outlines responsibilities
    and procedures for accessing information and properly establishing,
    reviewing, posting, and maintaining government information on the
    Internet. Additionally, failure to observe the prohibitions and
    mandatory provisions in paragraphs 6.1.1. through 6.1.12 of the
    instruction is a violation of Article 92, Uniform Code of Military
    Justice, for military members. *See* 10 U.S.C. § 892, [Unif. Code
    Military Justice]{.smallcaps} art. 92 (1998). Violations by civilian
    employees may result in administrative disciplinary action without
    regard to otherwise applicable criminal sanctions for violations of
    related laws. *See* AFI 33-129, ¶ 1.

[^39]: Memorandum from Major General Bryan G. Hawley, The Judge Advocate
    General, for All Staff Judge Advocates, Chief Circuit Judges, and
    Chief Circuit Trial and Defense Counsel, Legal Office Web Sites
    (Oct. 2, 1997) (directing that web sites be current, professional,
    appropriate to the audience, free of sensitive information, and
    contain a visible disclaimer) (on file with the author).

[^40]: *See* Legal Assistance Division of the Air Force Legal Services
    Agency, *The Legal Office Guide to Creating and Maintaining a Useful
    Web Site* (visited Sep. 14, 1999) \<http://aflsa.jag.
    af.mil/flite/training/web_site.htm\> \[hereinafter Legal Assistance
    Division, *The Legal Office Guide\]*. Applets are self-contained
    applications that are used to add multimedia effects and
    interactivity to web pages, such as video displays, animations,
    calculators, real-time clocks, and interactive games. Applets can be
    activated automatically when the page containing them is displayed
    in a web browser, or they may require some action on the part of the
    site visitor, such as clicking an element on the page.
    [Microsoft]{.smallcaps}, [Getting Started With Microsoft
    FrontPage]{.smallcaps} 2000 280 (1998).

[^41]: *See* Legal Assistance Division, *The Legal Office Guide, supra*
    note 39. A truly useful site with legal assistance and preventive
    law links is maintained by the United States Air Force Judge
    Advocate General School, which can be found at
    http://aflsa.jag.af.mil/flite/links/ prevlaw.html.

[^42]: Internal Revenue Service, *The Digital Daily* (last updated Sep.
    14, 1999) \<http://www.irs. ustreas.gov\>.

[^43]: The Legal Information ON-line System (LIONS) is a perfect tool
    for this function. LIONS collects client information through a
    "point and click" screen interface that resembles the AF Form 1175
    (Legal Assistance Record). *See* Air Force Legal Information
    Services Directorate of the Air Force Legal Services Agency (last
    updated Sep. 14, 1999) \<http://aflsa.jag.af.mil/
    JAS_HELPDESK/lions.htm\>.

[^44]: In searching for ways to tap expertise, judge advocates should be
    advised that telecommuting is an effective and efficient tool which
    enables a reservist to perform training away from the normal
    training location or place of attachment. For guidance regarding
    telecommuting for individual mobilization augmentee (IMA) training,
    see TJAG Policy Letter 35, *Use of Telecommuting (Distant Training)
    for IMA Training* (Feb. 4, 1998) (Office of The Judge Advocate
    General, Washington, D.C.), and Air Force Policy Directive 51-8,
    Assignment, Training, and Management of The Judge Advocate General's
    Department Reserve (TJAGDR) (Apr. 1, 1999).

[^45]: As a preliminary step, an Air Force lawyer should become very
    familiar with certain rules of professional responsibility: Rule
    1.1, Competence; Rule 1.2, Establishment and Scope of
    Representation; Rule 1.6, Confidentiality of Information; and Rule
    1.7, Conflict of Interest. [Air Force Rules of Professional
    Conduct]{.smallcaps} Rules [1.1, 1.2, 1.6, 1.7 (1997).]{.smallcaps}

[^46]: *See id*. Rule 1.6. To this end, it is important to make sure
    clients understand the rules of confidentiality that protect any
    communication from disclosure whether that communication is a simple
    as a single question or as complicated and emotional as the facts of
    a divorce.

[^47]: To assist the judge advocate responding to a contingency
    operation or on-scene claims situation, the Legal Information
    Services Directorate has developed a variety of technology kits. For
    example, the "Big Block" kit consists of a laptop computer (with
    additional battery), color printer, fax, copier, and scanner,
    reference CD-ROMs, digital camera, microcassette recorder,
    transcribing equipment, zip drive, power strip, office supplies
    (including extra alkaline batteries), toner cartridges, and
    microcassette tapes. For additional information on available
    deployment kits, see Air Force Legal Information Services
    Directorate of the Air Force Legal Services Agency (last updated
    Sep. 14, 1999) \<http://aflsa.jag.af.mil/GROUPS/
    AIR_FORCE/LETTERS/JASMAIL/index1.htm\>.

[^48]: For a listing of CD-ROM products, see Air Force Legal Information
    Services Directorate of the Air Force Legal Services Agency (last
    updated Sep. 14, 1999) \<http://aflsa.jag.af.mil/
    flite/products.html\>.