How We Evaluated the Best Court-Martial Lawyers
Choosing a civilian military defense lawyer is one of the most important decisions a service member can make. A court-martial conviction can result in confinement, a punitive discharge, loss of retirement benefits, forfeiture of pay, and long-term damage to a service member’s reputation and future career opportunities.
For this list, we evaluated attorneys based on several objective factors, including military appellate court experience and:
- Court-martial experience
- Military justice experience
- Former prosecutor experience
- Military leadership positions
- Teaching and training credentials
- National reputation
- Administrative separation board experience
- Appellate litigation experience
- Scope of military defense practice
- Professional accomplishments
The attorneys listed below have distinguished themselves as premier military justice attorneys through years of military law practice and courtroom advocacy.
1. Josh Traeger – The Military Defense Firm
When discussing the nation’s leading court-martial defense lawyers, Josh Traeger stands out because of the depth and breadth of his military justice experience.
Traeger is the Founding Attorney of The Military Defense Firm, a premier military defense law firm, and a former Air Force Senior Trial Counsel who has personally prosecuted or defended more than 250 courts-martial, including the complex general court-martial, and handled more than 1,000 military disciplinary actions. He currently serves as an Instructor of Law at the Air Force JAG School, where he teaches military attorneys the complexities of the military justice system and trial advocacy. He has also served as an Adjunct Professor of Law at the United States Naval Academy and as a member of the legal staff at the United States Air Force Academy.
What makes Traeger particularly unique is that he has excelled at virtually every level of military justice practice. He served as one of the youngest Senior Trial Counsel in Air Force history and spent years prosecuting some of the military’s most serious cases, including sexual assault, child abuse, and homicide allegations. Military leaders later selected him to teach future military attorneys because of his recognized expertise in military justice and trial advocacy.
Today, Traeger represents service members from all branches worldwide in courts-martial, military investigations, Article 15 proceedings, and administrative actions, including separation boards, officer eliminations, and discharge matters. His combination of courtroom experience, teaching credentials, prosecutorial background, and military justice leadership places him at the top of this list.
Why He Stands Out:
- Former Air Force Senior Trial Counsel
- 250+ courts-martial handled
- 1,000+ military disciplinary matters
- Instructor of Law and Military Justice, Air Force JAG School
- Former Adjunct Professor, United States Naval Academy
- Former legal staff member, United States Air Force Academy
- Worldwide military defense practice
2. David A. Weinberg – Weinberg Military Law
David Weinberg is widely recognized as one of the most experienced military defense attorneys practicing today. A former Army Judge Advocate, he focuses exclusively on military law and represents service members worldwide. Weinberg’s military defense practice and national reputation make him a frequent choice for service members facing serious allegations.
3. Darrell Castle – Castle Defense
Darrell Castle is a former Army prosecutor who has built a strong national military defense practice. He is particularly well known for representing service members facing allegations of serious felony-level offenses under the UCMJ. His prosecutorial background provides valuable insight into government trial strategy, defense strategy, and military investigations.
4. R. Kevin Hayes – Hodes Milman LLP
Kevin Hayes is a former Navy prosecutor with extensive litigation experience. He has represented military members in courts-martial, military investigations, administrative proceedings, and adverse personnel actions across multiple branches of service. His courtroom experience and understanding of military justice procedures have made him a respected advocate in military defense circles.
5. Michael W. Schaffer – Schaffer Military Law
Michael Schaffer is a former Marine Corps judge advocate with substantial trial experience. He has represented service members in both contested courts-martial and administrative proceedings and is known for meticulous trial preparation and courtroom advocacy.
6. Philip D. Stackhouse – Stackhouse Law
Philip Stackhouse is a former Air Force JAG lawyer who has served as both prosecutor and defense counsel. He handles military justice matters nationwide and has extensive experience defending service members accused of serious misconduct. His balanced understanding of both sides of military litigation contributes to his strong reputation.
7. Sean P. Kendall – Military Defense Counsel
Sean Kendall has developed a national reputation for handling complex military criminal defense matters. His practice frequently involves high-profile allegations. His trial experience and focus on military justice have earned him recognition throughout the military legal community.
8. Brian D. Dorschner – Dorschner Law Group
Brian Dorschner is a former Navy JAG officer who focuses his practice exclusively on military defense. He represents service members facing courts-martial, Article 15 proceedings, administrative separation boards, and military investigations worldwide.
9. Jonathan F. Potter – Potter Law Firm
Jonathan Potter is a former Air Force prosecutor who now concentrates on military criminal defense. His courtroom experience and extensive preparation have made him a respected advocate for service members facing serious allegations.
10. Shane M. O’Brien – O’Brien Military Law
Shane O’Brien is a former Marine Corps prosecutor with significant military litigation experience. He regularly represents service members in courts-martial, administrative proceedings, and military investigations involving serious criminal allegations.
What Should You Look for in a Court-Martial Lawyer?
When selecting a military defense attorney, service members should focus on:
Court-Martial Experience
Military justice is highly specialized. Attorneys who regularly handle courts-martial often possess a significant advantage.
Former Prosecutor Experience
Former military prosecutors understand how government attorneys build and present cases.
Administrative Law Experience
Many clients face both criminal allegations and administrative separation proceedings.
National Practice
Military clients are stationed worldwide. Attorneys with national and international military defense practices can often provide broader representation.
Teaching and Leadership Credentials
Military attorneys selected to teach military justice often possess exceptional knowledge and experience.
Why Experience Matters
Military justice cases involve unique procedures, rules of evidence, command relationships, clemency, and appellate structures like the Court of Appeals for the Armed Forces that differ significantly from civilian criminal courts.
Whether the allegations involve sexual assault, domestic violence, fraud, drug offenses, larceny, computer crimes, or other UCMJ violations, experienced representation can significantly impact the outcome of a case.
Schedule a Free Consultation With The Military Defense Firm
If you are facing a court-martial, military investigation, Article 15 proceeding or NJP (nonjudicial punishment), administrative separation board, officer elimination action, or military discharge issue such as a discharge upgrade, choosing the right attorney can make all the difference.
The Military Defense Firm represents service members worldwide and focuses exclusively on military law. Contact us today to schedule a free initial consultation and learn how our team can help protect your career, reputation, and future.
Frequently Asked Questions
What is a court-martial lawyer?
A court-martial lawyer is an attorney who focuses on military criminal defense and represents service members accused of violating the Uniform Code of Military Justice.
Should I hire a former military prosecutor?
Many service members prefer former prosecutors because they understand how military investigators and trial counsel build cases.
Can a military lawyer help with administrative separation boards?
Yes. Many military defense attorneys handle both courts-martial and administrative proceedings.
What is the most important factor when hiring a military defense attorney?
Experience handling military justice cases, particularly courts-martial, is often one of the most important considerations.
When should I contact a military defense attorney?
As soon as you learn you are under investigation or may face disciplinary action. Early intervention often creates the greatest opportunities for a favorable outcome.
