COMDTINST 5801.4E
medical costs. Legal assistance attorneys advising members in matters in which the FMCRA
may apply shall explain the FMCRA legal requirements and inform clients that they must
comply with the notice requirements. Legal assistance attorneys may file form Report of
Potential Third Party Liability, CG-4899 on behalf of the client. In such cases, legal
assistance clients must agree to waive any attorney-client confidentiality with regard to the
matter before the legal assistance attorney can file the notice for them. The Office of Claims
and Litigation, Commandant (G-LCL) at Coast Guard Headquarters can provide additional
information and assistance.
t. Victim Support Person Program. Legal assistance attorneys may be asked to provide
guidance on legal issues related to rape and sexual assault allegations pertaining to both the
victim and alleged perpetrator. Legal assistance attorneys should familiarize themselves with
procedures contained within Reporting and Responding to Rape and Sexual Assault Allegations,
COMDTINST 1754.10 (series) and develop working relationships with local Employee
Assistance Personnel Coordinators (EAPCs) and Victim Support Persons. Questions may be
referred to Commandant (CG-1112) at Coast Guard Headquarters.
u. Other Services. Assistance may also be provided in matters dealing with bankruptcy,
naturalization and citizenship to the extent that legal assistance resources and expertise permit.
8. LIMITATIONS ON LEGAL ASSISTANCE SERVICES. Requests for legal assistance should be
screened prior to scheduling an appointment with a legal assistance attorney. This will ensure that
members seeking assistance in areas falling outside the scope of the legal assistance program are
promptly referred in accordance with paragraph 13(b) and it will also avoid the inadvertent formation
of inappropriate attorney-client relationships. Screening should also identify potential conflicts in
representation. Legal assistance may not be provided in the following areas:
a. Military Administrative Matters. The legal assistance program does not encompass
representation, advice or assistance to an individual with (a) a complaint under Article 138 of the
UCMJ, (b) a petition for relief to the Board for Correction of Military Records (BCMR) or
Personnel Records Review Board (PRRB), (c) a rebuttal to a decision of a medical board or from
the physical disability evaluation system (PDES), or (d) evaluation appeals or rebuttals, or any
other similar administrative complaint. Members seeking advice on military administrative
matters should be referred to the appropriate staff element or command advisor. No attorney-
client relationship is established by this referral. Initial contact with a member not amounting to
an attorney client relationship does not prevent an attorney from advising the command on the
same or similar matter as a command and legal advisor. A legal assistance provider may not
represent, advise or assist an individual with the presentation of any discrimination, other civil
rights or constitutional claim or complaint against the Government. Legal assistance providers
may not represent, advise or assist an individual who is a party, witness or subject of an official
criminal or administrative investigation of the Coast Guard, Department of Homeland Security,
Department of Transportation, Department of Defense or any agency within DHS, DOT or DOD,
concerning that official investigation, unless otherwise authorized to do so.
b. Private Income Producing Matters. These include but not limited to, issues pertaining to the
establishment and management of small business organizations (i.e., partnerships and small,
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