Refusing to Follow Unlawful Orders Attorney

Protecting Service Members Who Chose to Do What the Law Required

Every service member is trained to follow orders.  Discipline and obedience hold the military together. But there is an equally important rule in the military: you are not required to obey an unlawful order.  In fact, under the Uniform Code of Military Justice (UCMJ), you have a duty to refuse one.

The problem is that refusing an order that you believe or know is unlawful can still trigger investigations, administrative punishment, or even court-martial proceedings.  When your command questions your judgment or motives, your career and reputation can be placed at risk.

At Law Office of Patrick J. McLain, PLLC, we represent military service members worldwide who are facing consequences for refusing orders they believed were unlawful.  Our job is simple but important: to do whatever we can to protect your rights, defend your record, and make sure the law, not pressure or politics, decides the outcome. 

Military service members from all branches choose our firm because:

• We focus specifically on military justice and administrative defense. 
• We understand command culture and how decisions are made. 
• Attorney Patrick J. McLain is a former military judge and prosecutor with priceless insight. 
• We provide straightforward advice and strategic representation.  
• We handle cases across all branches and locations worldwide. 

Call us at (888) 606-3385 now for a confidential consultation before you speak with investigators or your chain of command.

Your Duty to Refuse an Unlawful Order

Military service is built on lawful authority.  As such, the UCMJ requires obedience only to lawful orders.   An order that violates the Constitution, federal law, the law of armed conflict, or military regulations is not something you must follow simply because it came from a superior. 

This principle exists to protect both service members and the country. History has shown the dangers of “just following orders.”  The law expects you to exercise judgment when an order clearly crosses legal or ethical lines.  Refusing such an order is not insubordination; it may be your legal obligation or duty as a member of the U.S. Armed Forces. 

The issue is that real-world situations are rarely black and white.  Decisions must often be made quickly and under pressure.  Recently, Senator Mark Kelly publicly reminded service members of their duty to refuse unlawful orders.  

His comments prompted the Defense Secretary to demand calls for review and potential consequences under the UCMJ.  Regardless of the politics involved, the situation highlights a truth every service member knows: even when you act based on legal duty, you may still face scrutiny.  When that happens, you will want experienced and fearless legal counsel by your side. 

What Might Constitute an Unlawful Order?

Not every disagreeable, questionable, or inconvenient order is unlawful.  Military life requires following difficult directives.  However, orders that violate the law, exceed authority, or demand illegal conduct cannot be enforced and should not be enacted. 

Common examples of potentially unlawful orders include:

• Directives that require committing a crime or violating federal law 
• Orders to target civilians or otherwise violate the law of armed conflict 
• Instructions to falsify records, reports, or official documents 
• Commands that exceed the issuing officer’s legal authority 
• Orders that clearly violate constitutional rights 
• Retaliatory or discriminatory directives that breach military regulations 
• Actions that require covering up misconduct or obstructing investigations 

Determining whether an order is unlawful often involves careful legal analysis.  What seems obvious to you in the moment may later be challenged by command or investigators.  That is why documenting facts and speaking with counsel early is so important. 

What the Government May Do If It Believes You Wrongfully Refused

When command believes a refusal was improper, the response can be swift and aggressive.  Even before charges are filed, your career can begin to suffer. 

If command says you refused an order improperly, you may face:

• Administrative investigations or command inquiries 
• Counseling statements or adverse documentation 
• Nonjudicial punishment 
• Relief for cause or removal from leadership 
• Loss of special duties or security clearance 
• Administrative separation proceedings 
• Court-martial charges for failure to obey orders or insubordination

In many cases, the process itself becomes part of the punishment.  Your reputation may be questioned, your leadership may lose confidence, and military career opportunities can disappear while the matter is pending.  Without strong counsel in your corner, the narrative may be written without your side being fully heard. 

How We Defend Service Members Accused of Wrongful Refusal

Refusal to follow an unlawful order cases require more than simply arguing “the order was illegal.”  They demand preparation, credibility, and a clear strategy.  Drawing upon the insight of Attorney McLain, we can analyze the facts, regulations, and law to prepare a defense that stands up under close scrutiny.   

Our approach to your case may include:

• Evaluating whether the order was lawful under the UCMJ and applicable regulations 
• Gathering documentation, witnesses, and context supporting your decision 
• Demonstrating good-faith belief and reasonable judgment 
• Challenging procedural errors or command overreach 
• Advocating directly with leadership for reconsideration or mitigation 
• Defending you in nonjudicial punishment, separation boards, or court-martial proceedings 
• Protecting your record during appeals or administrative reviews 

Attorney Patrick McLain’s experience as a former military judge gives us insight into how these cases are evaluated from the decision-maker’s side.  We can present your case clearly, professionally, and forcefully, yet without unnecessary confrontation that could harm your standing. 

What a Successful Outcome Can Look Like for Your Case

Every case regarding unlawful orders and the refusal to follow them is different, but strong legal counsel can make it less stressful for you.  We hope to help you feel more confident that your case is pointed toward the goal of protecting your military career and future as much as possible. 

If your case is successful, the results could include:

• Dismissal of allegations or charges 
• No punishment or reduced administrative action 
• Removal or correction of negative documentation 
• Preservation of rank, duties, and clearance 
• Avoidance of separation or discharge 
• Stronger record for promotion or continued service 

Even when consequences cannot be eliminated entirely, they can often be reduced or managed to limit long-term harm.  We will consider every possible avenue when fighting on your behalf. 

Let’s Get Your Case Moving – Call Right Now

Refusing an unlawful order is not cowardice or defiance; it is often an act of integrity.  But doing the right thing does not guarantee you will be treated fairly.  When command questions your decision, you need experienced counsel who understands both the law and the realities of military life.  At Law Office of Patrick J. McLain, PLLC, we represent service members across the United States and around the world. Wherever you are stationed, we are prepared to step in, protect your rights, and defend your military career. 

Contact us today by calling (888) 606-3385 to speak directly with our team and get the support you need before the situation escalates.