Major General (ret) Steven J. Lepper, Lieutenant Colonel (ret) Dan Maurer, and the Editor have write here about some of the professional responsibility issues arising from the United States boat strikes in the Caribbean and Eastern Pacific. Excerpt:
What is not acceptable is for an officer who harbors substantial professional misgivings about a proposed mission to remain silent in the face of some other lawyer’s faulty, unexplained, or irresponsible opinion. Silence is not a hallmark of the exercise of independent judgment. Neither is failing to commit one’s professional assessment to writing. Remaining silent or in the shadows will be viewed as acceptance down the road, possibly after a mission has gone sideways.
When the dust settles and more is known about the boat strikes, we hope light will be shed on the extent to which the rules of professional conduct came into play in the operation and whether they proved an aid or a hindrance to the lawyering process and command decision-making.
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