Finding Your Path as a Professional Military Spouse: Attorneys

By Gabriela Nostro, Esq.
Guest Blogger

As professional military spouses, we don’t only become frustrated at the inability to work because we’re bored and looking for something to do, we fall into Thoreau’s quiet desperation because our work is as much a calling as our military servicemember’s. We also know we are as capable of being the primary earner as our spouses are, and in fact assumed we would be or likely wouldn’t have accrued all that infamous law school debt (don’t worry we will get there).

One attorney spouse I spoke with perfectly summarized the issue at the heart of military spouse attorney obstacles by stating, “The most damning thing in this profession is that it is built on reputation.” The more I thought about her words, the more I realized how this truly speaks to the core of our frustrations. The challenge of maintaining consistent work, combined with the difficulties of entering a new and different job market, and potentially a new area of law, can repeatedly hamper your upward, and even lateral mobility, leading to the underemployment we’ve discussed throughout this series. While I do think it is possible to build a reputation that we can carry with us, it is painfully slow in comparison to our civilian counterparts. The second part of this article is about how to find the kind of consistency that allows us to not just work, but progress professionally.

I was already a licensed attorney when I met my husband, but would never go on to practice in the first state I was licensed in due to our PCS moves. We moved to Camp Lejeune right after our marriage and I pursued a position to work as a Special Assistant US Attorney on base, a unique office set-up that intermixed DOD and DOJ. At the federal level in this capacity, I didn’t need a NC license. My interviews went well and I was basically offered the position. Then tension emerged at my not being a JAG, current or retired, despite the position not having to be filled by one. My would-be supervisor advocated strongly on my behalf but ultimately his hands were tied. I was extremely disappointed but it was my first glimpse into the roadblocks that can occur with this type of bureaucracy. Like many things in life, this came out to be a blessing as I chose to sit for the NC bar, passed, and went on to work as an Assistant District Attorney with the 4th Prosecutorial District, a job that I loved and that supported me in every way I could have hoped as a military spouse, and as a new mom with a deployed spouse. I’ve since learned of other civilian positions that exist alongside JAG offices and have been disappointed when I’ve discovered they are filled by local, non-military civilians. This is a real missed opportunity on behalf of the military to provide a space for military spouse attorneys to work — which, ultimately, has a direct impact on retention and talent management. 

Especially because I didn’t have children yet, this period of not working for the first time, spurred a difficult first year of military life for me. Everyone I met was either further into military life or parenting, or didn’t relate to my professional frustrations. I felt alone and disconnected due to the unique challenges that came with not being able to work and feeling nervous about my professional future. In retrospect, I am proud of myself, I chose to get up, dust myself off, and keep going. I worked for my degree, I knew that I had professional contributions to make, and I had to find a way, even if it didn’t look like I initially thought it would. Even if it meant working for free to get my foot in the door despite my previous three years as a full-time attorney thinking my extensive days of volunteering were behind me. Even if it meant sitting for another bar exam, when I already held two licenses. What I learned along the way was that others, who had also fallen into this quiet desperation, were out there fighting, too. 

These low points grace us with the perspective for two things: how to fight the rules that need to change from the inside (and really who better to do this than military spouse attorneys) and how to identify the resources that already exist to help us. The second part of this article will explore a large number of resources available to military spouse attorneys, along with some new ways to work remotely.

General Licensing

Law school graduates study, often full time, for months in preparation for the bar exam, an intense state-specific exam that lasts two to three days. We wait months to find out if we passed, and months again to get sworn into the bar. Finally we become licensed attorneys. From there we enter the world of yearly bar dues and continuing legal education credits (ironically, this article induced a panic to make sure I paid my annual fees which, by the way, total close to $1K a year among three states). 

The Uniform Bar Examination (UBE) results in a portable score that can be transferred to other UBE jurisdictions. New military spouses debating where to take the bar should strongly consider sitting in a state that utilizes the UBE and familiarizing themselves with the other UBE jurisdictions. It is not a blanket reciprocity but it is a big step forward for newer attorneys that intend on moving. The caveat is that by virtue of how often military spouses move, it is almost impossible to meet the practice and time requirements necessary to transfer states (not to mention how long the approval process can then take when you are likely to move again within 2-3 years).

The Military Spouse J.D. Network has undoubtedly set the example for how members of a profession can come together to produce significant change to their licensing rules. If you are an attorney and a military spouse, you should consider registering to be part of this network. MSJDN’s 2021 Military Spouse Attorney Survey Report states that of the nearly 89% of military spouse attorneys who have taken and passed at least one bar exam, 35% have been admitted to more than one jurisdiction by bar exam. This statistic excludes those that hold multiple licenses obtained by waiver, reciprocity or accommodation. MSJDN’s efforts have resulted in 42 states, and the U.S. Virgin Islands, implementing military spouse attorney licensing accommodations thus far. 

While this is incredible progress, the supervision requirement often attached to these accommodations that renders the license may not be fully comparable to a regular license to practice. Attorneys that frequently make court appearances could find themselves in a difficult spot if a judge required a regularly licensed attorney to appear, thus adding quite a bit of uncertainty to the ability to work independently with the discretion that attorneys, especially trial attorneys, need to work efficiently. The most interesting obstacle I found is the requirement to be sponsored by an attorney practicing in the state in which you’re seeking licensure. Unless the spouse already has a job lined up, finding an attorney willing to vouch for you professionally could be a significant roadblock. That said, it is still worth researching if a state has this accommodation, as I do know of spouses that have had success with it.

Civilian Positions in Military Installations

The Army’s Military Spouse Attorney Hiring Program maintains a list of eligible spouses in order to use non-competitive hiring for positions throughout the Army JAG Corps. The hiring may occur before the job has been posted on USAJobs.gov. Any active-duty military spouse attorney from any branch of the military and the Coast Guard can apply to be a part of the list considered for hiring. Since its inception in 2014, the program has placed more than 180 military spouse attorneys into positions. (In other words: Get on that list ASAP.)

Interestingly, the Air Force has recently followed suit and created its own Military Spouse Hiring Program. While I know of efforts the Navy and Marine Corps make at an individual level to hire spouses it would be instrumental to see these other branches follow suit (we need to make this happen!). Any attorney military spouse looking for employment should register with those programs in the event they are at or near a duty station of one of those branches. 

Sarah Ford, an Army spouse and attorney, told me about her difficulties finding employment at an early point in her marriage:

“I finally found purpose volunteering in the legal assistance office but I could only volunteer as a paralegal and not as the attorney I had worked so hard to be. I showed up every day and learned as much as I could. Nine months later, the references I gained and the wonders of the JAG Corps’ Military Spouse Attorney Hiring Program allowed me to accept the first in a series of jobs through the Program. Over the years, I have accepted four different positions. I should note that even with solid legal experience and a comprehensive resume, I benefited from fortunate timing — a position becoming vacant just when I might need it. Almost two years ago, I competed for and accepted the position I hold now. Army life is rarely easy and the institution can be very hard to navigate. But each time we moved (every year or two) a new leader tried to find a way to incorporate me into the JAG Corps and help me pursue my own professional goals. Six months ago, my supervisor took another leap of faith and has allowed me to work remotely with occasional trips to D.C.”

Federal Remote Employment

Remote options like the one Sarah described are a little bit of good news when it comes to federal employment. While policies remain specific to each federal agency, it has become more common for a federal worker to be able to remain part of their office but work remotely. While this is not unique to attorneys, it does seem likely to heavily affect attorney military spouses seeking unique federal opportunities that would otherwise be difficult to find, or keep, while moving frequently. The COVID-19 pandemic highlighted the need for federal agencies to figure out remote work. The Office of Personnel Management reports that 86% of federal offices were able to successfully transition 80% of their workforce to maximum telework. If you are able to get employment with a federal agency, and find yourself wanting to approach your supervisor about this possibility, make sure you review the OPM’s 2021 Guide to Telework and Remote Work in the Federal Government as there are differences between telework and remote work policies. The idea of a portable federal career is remarkable and likely has a lot of us re-opening doors we had previously thought closed for our own career progression (I’ll be honest, I’m excited), but for a certain demographic of military spouses there’s… wait for it … a catch.

One of the more disappointing new policies I learned of appears to be a knee-jerk reaction to the recent increase in federal remote worker requests. The Department of State policy restricts federal employees from working in certain countries overseas at DOD installations. The truth of it is that this policy will primarily affect military spouses and cuts off this otherwise huge step forward for such professionals. The short explanation is that if you are working for the federal government you are not eligible to telework overseas unless attached to, or approved by, an embassy/consulate.

The advice I received from a fellow spouse stationed overseas is that if you get orders to a DOS duty location, reach out to the Community Liaison Officer (CLS) and inquire on the Expanded Professional Associates Program (EPAP). Consulates strongly encourage spouse employment initiatives, and this opportunity could then carry into permanent federal employment that the military spouse could continue remotely.

Cloud-Based Firms

The most unique work set-up for military spouses that I have come across is the idea of cloud-based law firms. In particular, the Managing Partner and founder of the Parlatore Law Group, Timothy Parlatore, explained a benefit of remote work I hadn’t considered — accessibility. Not pretending to be a traditional brick-and-mortar law firm, the Parlatore group is unapologetically cloud-based and highlights the reduced costs of maintaining office space as a benefit to the client through lower costs and to the attorney through higher pay. While intrigued, I still had questions: How does licensing work? What about court appearances? The answers make me think this model is not only feasible but setting a trend (please be a trend) of business models that are more compatible with military life. Mr. Parlatore, a Veteran himself, told me that while growing the group, “I learned about a demographic I didn’t know about that is overlooked by traditional firms, but that significantly boosted our growth. Military spouses have been phenomenal.” With attorneys licensed in over 20 states, the firm has a collaborative approach between who brings the case in and who does the work, making the licensing issue easier to navigate. If a court appearance, or otherwise in-person meeting is necessary, the client flies in the attorney, allowing the firm to be full-service, with no limitation to the cases they can accept. This still results in a significantly lower cost to the client than paying for the overhead fees of a traditional law firm. 

Debt

Alright fellow military spouse attorneys, it’s time to talk about something else that disproportionally affects us and that’s debt. What is that? You need something stronger than wine to keep reading? I get it. I’ll wait. 

The MSJDN survey we discussed earlier states that “in terms of current debt load, about 65% of military spouse attorneys that used student loans to pay for school report that they have not yet paid their loans in full, and about a third have a balance owed of $100,000 or more.” This kind of debt would not feel as insurmountable if we could steadily work at the income level for which we are qualified. Because we often can’t work, or if we are significantly underemployed, these amounts of debt feel overwhelming. This lingering debt, combined with a lack of professional fulfillment, can lead to the feeling of quiet desperation that keeps rearing its ugly head.

The good news for military spouse attorneys is that there appears to be progress in many areas, thanks in no small part to military spouse attorneys advocating for themselves. When it comes to licensing, hiring practices, and remote work, attorney military spouses are finding ways to address some of these systemic issues. With the additional global trend towards remote work, there is now even more space to up our game.

So, dear Mr. Thoreau, while we appreciate your insights, you may have heard it’s now 2022 and the days of quiet desperation have been replaced. Maybe not with doors of opportunity just yet, but you can sure bet attorney military spouses will crawl through a cracked window of opportunity just the same (and leave it open a little wider for the next spouse along the way).

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