Misc Pub 27-8 Legal Handbook Commander’s 2019



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CommandersLegalHandbook
ArmyDemLogProgramBriefing-Jan17
B. Preventive Law
While responsibility for practicing preventive law remains with the Commander, your servicing Judge Advocate stands ready to assist you in meeting this responsibility. One of the most valuable services a Judge Advocate can provide to a Commander is eliminating problems before they ever occur through a robust preventive law program.
While preventive law is often contemplated in the context of the legal assistance program, e.g. a class on avoiding unscrupulous payday lenders or auto dealers using bait and switch
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schemes, the concept of preventive law is central to good order and discipline as well. For example, proper training and emphasis on the standards contained in a General Order #1 prior to entering a Theater of Operations can go along way toward avoiding the types of problems mentioned above. Your Judge Advocate can help you to properly emphasize these standards in a number of ways. For example, they can help you to cover how previous Soldiers have violated this directive and the administrative and punitive actions that followed the offenses without violating due process, privacy, or practicing unlawful command influence. They can also help you to analyze systems and look at weak points and behaviors in your organization that, while not violating the law now, might lead to legal issues. For example, they can help you to craft policies for barracks living arrangements, curbing abuse of alcohol, and providing security while respecting privacy -- all of which can help to prevent sexual assaults.
So, as you read and use this guide, please do not use it as an excuse to avoid your servicing Judge Advocate. We hope that you will reach out to your lawyer, and that they will reach out to you, so that through your relationship with this important member of your personal staff, you can receive the advice and assistance you need to have an exceptional and rewarding command experience.

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