WASHINGTON, D.C. 20330-1000

1 DEPARTMENT OF THE AIR FORCE WASHINGTON, 20330-1000 AFI51-504_AFGM2017-01 20 December 2017 memorandum FOR DISTRIBUTION C MAJCOMs/FOAs/DRUs FROM: HQ USAF/JA 1420 Air Force Pentagon Washington, DC 20330-1420 SUBJECT: Air Force Guidance memorandum 2017-01 to AFI 51-504, Legal Assistance, Notary, and Preventive Law Programs By Order of the Secretary of the Air Force, this Guidance memorandum immediately implements changes to Air Force Instruction 51-504, Legal Assistance, Notary, and Preventive Law Programs, dated 27 October 2003, to provide guidance on the Special Victims Counsel Program, Disability Counsel, and installation Tax Assistance Programs. Compliance with this memorandum is mandatory. To the extent its directions are inconsistent with other Air Force publications, the information herein prevails IAW AFI 33-360, Publications and Forms Management. Current guidance in AFI 51-504 remains in effect with the following changes. Guidance provided in expired AFI 51-504_AFGM2016-01, 15 Dec 16, as to Chapter 4 (Air Force Tax Assistance Program) and Chapter 5 (Special Victims Counsel (SVC) Program) is incorporated herein with minor administrative changes.

2 Delete para , , and (ADD NEW) Scope. Legal assistance establishes an attorney-client relationship and consists of Air Force attorneys providing advice on personal, civil legal affairs to eligible beneficiaries. This advice also includes topics specific to eligible beneficiaries who are victims of crime. Air Force attorneys do not enter into attorney-client relationships for other legal affairs, the Air Force remains the client. Air Force attorneys, acting in an official capacity, shall not enter into an attorney-client relationship in the following areas: Official matters in which the United States Government has an interest, or is involved in the final resolution, unless acting as a Military Defense Counsel, Special Victims Counsel (SVC), or a Disability Counsel with the Office of Airmen s Counsel (OAC). (T-0). Criminal issues under the Uniform Code of Military Justice (UCMJ), or any local or state criminal or quasi-criminal law (as identified by state law) or federal criminal law, unless advising a victim as authorized under paragraph of this instruction or acting as an SVC as authorized under Chapter 3 of this instruction, or as a Military Defense Counsel.

3 (T-0). Delete (ADD NEW) Representation of the client in a court or administrative proceeding, unless acting as an SVC as outlined in Chapter 3, acting as a Military Defense Counsel or Disability Counsel, or having received prior authorization. Representation of clients in court or expanded legal assistance programs, which are coordinated through the functional chain of command with the major command (MAJCOM) SJA and approved by the Community Legal Issues Division (AFLOA/CLSL), is permissible. Direct Reporting Unit (DRU) SJAs may make a request directly to AFLOA/CLSL (T-1). At a minimum, expanded legal assistance program requests must provide the following information for review: How participating attorneys will be qualified through applicable bar membership or other appropriate authorization from the applicable jurisdiction to represent clients in the particular Federal, State, or foreign jurisdiction. How participating attorneys will be authorized to represent clients pursuant to a written agreement with the State bar or pursuant to a motion granted by the appropriate court of the jurisdiction concerned.

4 Training requirements for participating attorneys and paralegals. Scope of representation and legal practice areas. Client intake procedures and screening procedures to prevent conflicts of interest. Impact on legal office and Air Force mission ( , estimated number of hours committed by each participant involved with the proposed program). Proposed program start date and duration. If the requested expanded legal assistance program is approved, the legal office shall provide an after action report to the MAJCOM/SJA and AFLOA/CLSL, following a designated trial period. The report should detail the legal office s experience with the program and provide a recommendation of whether expanded legal assistance should be continued. The report should include details regarding the number of personnel involved and their training (including attorney-paralegal teaming aspects), lessons learned, client feedback, impact on the office and local community, and a brief analysis of the probability that a similar expanded program would be successful across the MAJCOM and the JAG Corps.

5 Delete (ADD NEW) Eligibility for Legal Assistance. Subject to the availability of legal staff, resources and expertise, the categories of personnel listed below are eligible for legal assistance. Except as outlined in paragraph , SJAs shall not expand the scope of eligible beneficiaries beyond those listed in to (T-0). Of those eligible beneficiaries listed below, SJAs will give the highest priority to Air Force personnel needing mobilization- or deployment-related legal assistance in support of command readiness. (T-3). When the Air Force is the supporting component at joint installations, SJAs shall follow their installation s DoD joint basing agreements and should exercise discretion regarding prioritizing mobilization- or deployment-related legal assistance among Air Force and sister service components. (T-3). SVC Program eligibility is discussed in Chapter 3. Eligibility for disability counsel from the OAC is discussed in Chapter 8. Delete (ADD NEW) Members entitled to retired or retainer pay or equivalent pay and former members of reserve components entitled to retired pay under 10 12731 (formerly 10 1331).

6 Persons eligible under this provision include members and former members receiving retired pay as a result of retirement due to permanent disability or placement on the temporary disability retired list. Note: Gray Area reservists those who have retired, but are not yet entitled to retired pay under 10 12731 are not authorized legal assistance under these statutory provisions. Delete (ADD NEW) Unique Situations. When beneficial to the military Services, SJAs may authorize legal assistance to persons not specifically identified above as an eligible beneficiary. These situations must involve people who have a future, present, or past military obligation relevant to the legal problem. Examples are: reservists or National Guard members who have demobilized but do not strictly meet the time requirements of paragraph ; ROTC Cadets who must meet dependent care responsibilities; or Delayed Entry Program enlistees with landlord-tenant issues related to their entry onto active duty.

7 This provision does not apply to contractor personnel who are responsible for having their personal legal affairs in order (including preparing and completing powers of attorney, wills, etc.) before reporting to deployment centers. Unless another eligibility provision ( , paragraph ) applies or the individual is seeking notary services (paragraph ) while accompanying Armed Forces outside the United States and outside the Commonwealth of Puerto Rico, Guam, and the Virgin Islands, contractor personnel are not entitled to military legal assistance either in-theater or at the deployment center. Delete and (ADD NEW) have the execution of the instrument be notarized by military legal assistance counsel, a person authorized to act as a notary under 10 1044a and Chapter 2 of this instruction who is not an attorney, or a state-licensed notary employed by the Air Force and supervised by a military legal assistance attorney; (T-0). be executed in the presence of at least two disinterested witnesses (in addition to the person notarizing the instrument in accordance with paragraph ), each of whom must attest to witnessing the testator s/testatrix s execution of the instrument by signing it; (T-0).

8 (ADD NEW) Fill-in-the-blank wills. Legal assistance providers shall not participate in the execution preparation, or notarization of preprinted fill-in-the-blank wills, wills prepared with an on-line service (for example, LegalZoom products), or by a civilian attorney not affiliated with the Air Force Judge Advocate General s Corps, as this service might imply Air Force legal assistance review, endorsement, or guarantee of the product. Clients presenting such documents for execution shall be advised that free estate planning services are available at that legal assistance office, provided with a Will Interview Worksheet, and scheduled for a later appointment, if Air Force legal assistance estate planning support is desired. If an office believes that exigent circumstances require assistance with such products, they shall contact AFLOA/CLSL for guidance. Interviews with deaf, blind, ill, injured, fragile or elderly clients accompanied by a third party. Clients facing physical challenges who are brought to a legal assistance office by a third party (either spouse or non-spouse), shall be interviewed privately outside the presence of the third party to ensure competency and the true nature of the client s intentions.

9 After concluding the interview, the legal assistance attorney has sole discretion to determine whether the client is competent to participate in the estate plan drafting and execution process. After the attorney determines the client s competence, the client may choose, with proper advice as to impact, to allow a third party to be present during the remainder of the legal assistance appointment. Delete (ADD NEW) Paralegals Drafting Wills and Advance Medical Directives. Under the supervision of a trained and competent licensed attorney, trained paralegals may participate in the production of wills and advance medical directives. Attorneys will provide legal advice to clients regarding these documents and ensure they are accurate, comply with applicable law, and meet the client s needs prior to execution. (T-0). Paralegals may contact clients and discuss information for the purpose of preparing legal documents, to include defining legal terms. However, consistent with governing rules of professional conduct, paralegals shall not provide legal advice.

10 (T-0). For the most accurate statistical tracking and consistency Air Force wide, paralegals who draft wills and advance medical directives shall record the production of the documents in the Web-based Legal Information Online System (WebLIONS) (see paragraph ). (T-3). Attorneys who review paralegal-drafted wills and advance medical directives should record the review of those documents in WebLIONS but not the production. (ADD NEW) Legal assistance attorneys shall advise clients of protections available under the SCRA, 50 3938, for child custody and deployment-related issues. Delete and (ADD NEW) Servicemembers Civil Relief Act (SCRA). The SCRA, 50 3901-4093, codifies Congressional recognition of the need to protect persons in military service by suspending the enforcement of certain civil obligations. For more information on the substance of the SCRA, refer to FLITE KM s Legal Assistance Learning Center. Attorneys should also research the possibility that a state has passed SCRA-like protections that may provide greater benefit to a client.