The lawyer in combat boots

The (legal) boots on the ground. Most of us spend our days counseling clients about contracts, compliance, risks and strategy. But imagine if your “client” were the United States Army, and your advice helped shape decisions that could have global consequences. That’s Trent Kubasiak’s reality. 

Kubasiak, a JAG Corps attorney for the Army, brings a unique perspective to his role, having spent more than a decade advising commanders on military operations, international law and national security. From Afghanistan and Kuwait to South Korea, he’s helped leaders navigate the intersection of law, ethics and military strategy. His perspective offers a fascinating glimpse into what it means to practice law when the stakes are as high as they can be.

—Interview by Emily Kelchen, edited by Bianca Prieto

What does a typical day look like for someone in your position? 

In many respects, my day resembles the job of any corporate counsel. I sit in an office and handle the day’s legal issues. 

I review federal, Department of War (née Defense), and Department of the Army laws, regulations, orders, manuals, opinions, etc., to discover how to navigate the rapid changes and challenges confronting my organization. I also spend a significant amount of time ensuring that we are spending our money in accordance with the law and congressional intent. Contract and fiscal law issues are my daily constants.

The only significant differences are my morning formation at 0630, where I perform 90 minutes of mandatory physical training, and my work attire, which is the same camouflage uniform I wore in combat.

How do you balance the urgency and importance of the decisions you are advising people on with the deliberate, risk-focused way lawyers are trained to think? 

What is essential for the public to understand is that the Law of War, also known as the Law of Armed Conflict, is remarkably straightforward. What good would the law be if it could not be understood by the men and women doing the shooting? The core principles are constantly reinforced to every soldier throughout their entire time in combat. 

That means a lawyer is only needed for the edge cases, or cases where thoughtful analysis is expected and required. Ultimately, when the situation is urgent and the risks are high, commanders operating in accordance with the fundamental principles of the Law of Armed Conflict can do it all without a lawyer nearby. When we are nearby, we are helpful in the same way a well-practiced litigator is useful; we know the rules and which ones apply.

I suspect you sometimes have to give advice that commanders may not want to hear. How do you handle those situations? 

Members of the JAG Corps have the benefit of having a client relationship with the U.S. Army as opposed to any individual commander. The commander acts just like the officer of a corporation and embodies our client, but unlike a corporation, we have a separate oath of office to the Constitution. 

Our duty to the Constitution transcends our relationship with our immediate commander and puts us on a firm footing in a disagreement. It may not prevent us from getting fired, but it’s a duty that differs significantly from a client relationship with a company, and it's a commitment that you can always count on. 

Back to the question! I’ve found that talking in legalese gets you nowhere, and speaking in absolutes gets you less than nowhere. You maintain credibility and influence when presenting options and discussing risk. The option you prefer may not be the one they select, but if you’ve done your job right, you’ll be able to support any decision they make.

What lessons from military lawyering do you think would benefit civilian attorneys? 

This one is going to be controversial! My lesson is taking care of your health. There is no doubt in my mind, and the science backs me up, that a physically fit, well-fed, and well-rested body does better legal work. 

Additionally, putting the body into stress through strenuous exercise helps you to regulate when the pressure is on. We have a fun activity in the Army called a “stress shoot,” where you get excessively exercised, often involving mud and water. Then, you grab your rifle and run through a qualification course. The simulated stress helps you to prepare for real stress and teaches you about your capabilities. 

Lawyers need to get out there and pound the pavement!

You're all caught up!

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 Raise the Bar is written and curated by Emily Kelchen and edited by Bianca Prieto.