Attorney - Client Privilege in the Air Force: Who is the Client

摘要

The Air Force staff judge advocate (SJA) is the designated attorney for the command. Does it follow from this that the commander is the staff judge advocate's 'client.' If so, then should there not be a communication privilege between these two individuals. In the corporate world, the corporation and not the executive is the staff attorney's client. Must the agency rather than the commander then be the client. If that is the case, should commanders tell their attorneys everything. Can the staff judge advocate function in such a situation and to whom does he owe his loyalty. Air Force regulations and policies are silent on these issues. The authors propose a solution that would better define the commander-staff judge advocate relationship and take the SJA off the horns of an ethical dilemma.