Practice Areas
Attorney Mike Berens brings an unmatched depth of experience, achieved from practicing law and teaching trial advocacy and legal topics all over the world. With two decades of experience teaching, public speaking, and advocating on behalf of clients in trial courts, appellate courts, and administrative legal forums, Berens knows what it takes to secure positive outcomes and favorable results for his clients.
Berens is admitted to practice law in the Air Force Court of Criminal Appeals, Court of Appeals for the Armed Forces, Washington State Courts, the United States District Court (Western District of Washington), and the Supreme Court of the United States. Berens has extensive legal experience and offers a perspective that can be matched by very few other attorneys.
Military Courts-Martial
One of Attorney Berens’ primary practice areas is military law. He represents service members facing court-martial for alleged violations of the Uniform Code of Military Justice (UCMJ). Berens has represented clients serving in the Air Force, Army, Coast Guard, Marine Corps and Navy. Berens has extensive experience trying military cases and he has secured many dismissals and full acquittals for accused service members.
Service members facing charges in a General or Special Court-Martial forum are subject to very serious and often life-long consequences. A conviction in a military court, for even relatively minor crimes, carries the same stigma one experiences from a federal district court conviction. Courts-martial present far more than a threat to the accused service member’s military career. Court-martial charges may result in a punitive discharge from the service with no veterans benefits and the loss of one’s liberty and freedom.
Federal Employment Law
Administrative appeals on behalf of Federal Civil Service employees facing adverse action by their agency employer is an area of practice in which Berens has excelled over the past several years. Berens has secured favorable results for Federal Civil Service employees fighting to secure their retirement benefits and pension via appeals to the Merit System Protection Board and pursuing claims with the Equal Employment Opportunity Commission.
Administrative Discharges & Other Adverse Actions
An adverse personnel action can have serious consequences on your military career, finances, and personal life. The more senior the service member, the more significant the consequences.
Service members facing administrative separation for alleged misconduct or lack of adherence to regulations have rights. When certain criteria are met, service members may be entitled to an administrative hearing before a panel of officers appointed to make a recommendation to the separation authority. Service members facing administrative separation may be branded with a negative service characterization. Attorney Berens’ advocacy has preserved many millions of dollars in military retirements for dozens of servicemembers serving in the Air Force, Army, Coast Guard and Navy.
Berens also has extensive experience representing and securing favorable results for service members facing:
General Officer Memorandums of Reprimand (GOMORS) &
Letters of Reprimand
Flying Evaluation Boards
Medical Credentialing Boards
Inspector General Investigations
Commander-Directed Investigations / Army Regulation 15-6 Investigations
Security Clearance Revocation Actions (Department of Defense Central Adjudication Facility and Defense Office of Hearings and Appeals)
An adverse action can have serious consequences on your military career, finances, and personal life. That is why it is critical to consult an attorney who has the necessary knowledge and skill to provide the best legal advice possible in your case.
Washington State & Federal Civilian Criminal Courts
Attorney Berens has experience representing service members and civilians facing criminal proceedings Washington State courts (municipal, district, and superior) and the United States Federal District Court – Western District of Washington. Service members stationed at installations in the State of Washington may be charged with crimes in Washington State Courts or the United States District Court – Western District of Washington. A civilian conviction can have a significant adverse impact on a military career.
Civil Litigation & Claims
Since 2015, Berens and his revered colleagues at Bailey Onsager P.C. have secured very meaningful financial results on behalf of many plaintiffs in Washington State trial and appellate courts. Favorable outcomes include prevailing in civil suits for wrongful death on behalf of a Soldier; medical malpractice against a regional hospital in the Puget Sound area; wrongful death on behalf of family members against a county entity; negligence against the City of Seattle, and more.
Significant changes in federal law now afford active duty service members the right to recover if they suffer an injury from a military health care provider. These claims were previously denied through the “feres doctrine.” Many military members had no recourse under the previous law. Medical malpractice claims by uniformed service members remain an uphill battle due to the fact that the services, rather than courts, are the adjudication authority. The system is highly flawed.
