Like every other division of the great and growing United States Navy, the legal branch of Uncle Sam’s “first line of defense” is expanding steadily under the pressure of wartime events. But unfortunately the expansion has not been commensurate with the increasing need for legal assistance which has developed among the thousands of officers and enlisted men and their families torn asunder by a world conflict whose full impact has yet to be realized.
When one stops to consider the fact that the number of men serving in the Navy today runs into hundreds of thousands, the need for legal assistance to officer and enlisted personnel and their dependents can perhaps be appreciated.
A better picture is obtained if one looks upon these men and their families as constituting a great city and compares the legal problems arising in such a city with those of a real city of equal size.
Every day there are many deaths occurring in the families of Navy men. In countless such instances these men become involved as executors of estates or legatees of contested wills. Obviously this gives rise to vexing problems which they are incapable of meeting without the advice of the legal profession.
As might be expected in view of the size of the organization, there are also a large number of domestic relations problems affecting naval personnel. I know of some such cases in which the rights of service men have been prejudiced owing to their failure to bike necessary and proper action. Not infrequently, time is of the essence in the adjustment of these matters.
Only a short time ago a reliable informant, whose name I am not at liberty to disclose, told me how the famous British Eighth Army, while moving through Egypt, had with it a group of legal officers for the express purpose of rendering legal aid to men who required such assistance. I cite this simply as an illustration of how modern warfare differs from its predecessors. The armies and navies of World War II include not only doctors, dentists, and nurses to look after the physical well-being of their fighting men, but lawyers as well in order that their minds may be free from worry over legal affairs insofar as possible.
The effect that this produced upon the men’s morale was said to have been excellent. And small wonder. Soldiers with troubled minds are not good soldiers. And this goes for sailors as well. There is no greater relief to a man obsessed by legal worries than to consult with a competent and trustworthy lawyer who, lie knows, will make the problems his own.
The United States Navy is fully cognizant of the ramifications of this subject. A directive authorizing commanding officers of navy yards and naval stations to appoint legal assistance officers from within their commands, wherever possible, was contained in the July 1 issue of the Navy Department Bulletin. I was formally notified of this order by my Commanding Officer. Actually, I had already been serving in this capacity for more than a year.
I have been called upon frequently to draw up wills and powers of attorney. It is astonishing to a lawyer who knows the hardships and inconveniences that can come as a result of such neglect, to observe with what indifference the average layman looks upon these all-important instruments.
Word is continually being passed to the personnel of the Portland Section Base and of the ships which berth at the base, emphasizing the advisability of making out wills and powers of attorney and explaining the benefits derived therefrom. The response has been gratifying. I have written a large number of both.
My legal report log enumerates the many and varied problems on which I have been consulted, and I have never had a more appreciative clientele.
In my opinion, every married man in the Navy today should draw up a power of attorney and, in addition, should make as large an allotment as possible to his wife. There is nothing more grim and realistic than war. All of us in the service must be realistic and take into consideration the possible consequences to ourselves. Hope for the best, but prepare for the worst. Leave as little as possible to chance. That is only common sense.
Hardly a day goes by at the naval base where I am stationed but that an enlisted man or an officer comes to me seeking advice or assistance in some legal matter. Following are some of the cases I have handled recently:
“A’s” wife died and he was unable to find a life insurance policy he knew she had. The policy was not a large one, but was sufficient to take care of the funeral expenses. “A” feared that if he could not produce the policy he would be unable to collect the insurance money. He came to me with his problem. I wrote to the insurance company, explaining the circumstances. A check was promptly forthcoming for the full amount of the insurance.
“B” and his wife rented a house with “X” and his wife, signing a joint lease. After a few weeks had elapsed, “X” received orders, leaving “B” and his wife to foot the whole rent bill themselves. “B” had never taken this possibility into consideration. Fortunately, in his case he was able to find another couple who moved in soon afterward and shared the expense. If “B” had consulted with the legal officer (whose services were available for the asking) before signing the lease, he would have been fully advised as to the obligation entailed.
Recently an enlisted man bought a newly built home. The contract called for the former owners to grade the lawn and install a drainage system. Weeks passed and this part of the contract was ignored, despite repeated protestations by the purchaser. Finally the enlisted man consulted the legal officer, the former owners were contacted and prompt action was obtained.
These are a few examples of the kind of legal problems with which service men are continually being confronted.
There are, of course, many instances in which legal procedure is governed by the laws peculiar to the slate in which I am stationed but in which I have never practiced law. In such cases, I consult members of the local Bar Association, who are appointed by a committee representing the State Bar Association, at the direction of the American Bar Association.
A list of the attorneys patriotically contributing their services in this way, in behalf of service men, appeared in the Navy Department publication, “NavPers 15,014” of April, 1943. The heartiest co-operation has been extended to me by all the local attorneys whom I have had occasion to consult. I have also been permitted to use the legal library of the local Bar Association. I feel sure that these same courtesies would be accorded to legal officers of the armed forces in any city in the country.
I have had the opportunity to talk with scores of service men from various commands both inside and outside flic continental limits, and many have told me that no legal assistance has been made available to them. This is regrettable. If the program could be expanded to include most if not all of (lie larger stations and bases, a great service would be rendered to men of the Navy and their dependents.
There are, in a majority of cases, I believe, competent lawyers stationed on all shore stations of any size to whom this duty could be assigned. Until a definite program is set up to include such places, these men can do a great deal in providing legal assistance for enlisted men and their dependents.