Do I need representation?

ARB | BRB | ECAB | OALJ

Administrative Review Board

Representation Guidelines for BRB

Parties who appear before a Department of Labor administrative law judge or appellate board have the right to appear in person, by counsel, or by other representative. See, e.g., 20 C.F.R. § 802.202; 20 C.F.R. § 501.11; 29 C.F.R. § 18.34; 29 C.F.R. § 24.6(d).

Whether you should retain an attorney or non-attorney representative is a decision you must make yourself. Many litigants choose to represent themselves. In legal parlance, they are said to be proceeding "pro se." Department of Labor adjudications, however, vary widely in complexity and in many instances it may be wise to obtain legal counsel.

None of the Department of Labor's adjudicatory bodies have the authority to appoint counsel or to refer parties to attorneys. See, e.g., 29 C.F.R. § 18.35. Thus, you must find legal representation on your own initiative.

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Benefits Review Board

Representation Guidelines for BRB

• An attorney at law who is admitted to practice before the Federal Courts or before the highest court of any State, the District of Columbia, or any territory or commonwealth of the United States, may practice before the Board unless he or she has been disqualified from representing claimants under the Act pursuant to 33 U.S.C. 931(b)(2)(C), or unless authority to appear has been denied pursuant to 20 C.F.R. §802.202(e)(1) and (3). An attorney’s own representation that he or she is in good standing before any of such courts shall be sufficient proof thereof, unless otherwise ordered by the Board.
• Any person who is not an attorney at law may be admitted to appear in a representative capacity unless he or she has been disqualified from representing claimants under the Act pursuant to 33 U.S.C. 931(b)(2)(C). An application by a person not an attorney at law for admission to appear in a proceeding shall be submitted in writing to the Board at the time such person’s appearance is entered. The application shall state:

• The person’s name,
• Address,
• Telephone number,
• General education,
• Any special training or experience in claims representation, and
• Such person’s relationship, if any, to the party being represented.

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Employees' Compensation Appeals Board

Representation Guidelines for ECAB

It is not necessary that you retain an attorney to represent your interests in your appeal before the Employees’ Compensation Appeals Board.

For additional info, click on this representative info link.

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Office of Administrative Law Judges

Representation Guidelines for OALJ

Parties who appear before a Department of Labor administrative law judge or appellate board have the right to appear in person, by counsel, or by other representative. See, e.g., 20 C.F.R. § 802.202; 20 C.F.R. § 501.11; 29 C.F.R. § 18.34; 29 C.F.R. § 24.6(d). At the hearing level, you or your representative may examine and cross-examine witnesses and introduce relevant evidence to the extent permitted by applicable law.

Whether you should retain an attorney or non-attorney representative is a decision you must make yourself. Many litigants choose to represent themselves. In legal parlance, they are said to be proceeding "pro se." Department of Labor adjudications, however, vary widely in complexity and in many instances it may be wise to obtain legal counsel.

None of the Department of Labor's adjudicatory bodies have the authority to appoint counsel or to refer parties to attorneys. See, e.g., 29 C.F.R. § 18.35. Thus, you must find legal representation on your own initiative.

Getting Started

The suggestions and links provided on this page are for informational purposes only. The Department of Labor does not endorse any particular organization, lawyer or law firm.

A good way to begin a search for legal representation is to ask trusted friends, relatives, or business associates if they know of a reputable attorney or representative who may be of assistance. You can also find an attorney by consulting your Yellow Pages telephone directory. Be aware that each legal case is different and not all lawyers may be suited for your specific legal problem. Many attorneys offer free initial consultations, but not always, so be sure to check. If you're unfamiliar with how to work with an attorney, the American Bar Association's Consumer's Guide to Legal Help is a good resource.

Lawyer Referral Services

Another way to find an attorney is to contact a local Lawyer Referral Service.

• The ABA's Referral Service and Commercial Services
  The American Bar Association ("ABA") has an online Referral Service Locator at www.abanet.org/legalservices/lris/directory.html. The ABA has links to numerous other lawyer referral sites at www.abanet.org/legalservices. It also has links to commercial lawyer referral services at www.abanet.org/legalservices/findlegalhelp/hirelawyer.shtml.

• Free or Low Cost Legal Services
  The Legal Services Corporation (LSC) funds locally based legal aid services to persons in financial need and maintains a list of contacts on its Web site. See www.rin.lsc.gov/rinboard/rguide/pdir1.htm or
  www.rin.lsc.gov/scripts/LSC/PD/PDList7.asp
  
  The American Bar Association also maintains a directory of Pro-Bono Legal Services at www.abanet.org/legalservices/findlegalhelp/probonodirectory.shtml.

• Immigration-specific referral service
  The U.S. Citizenship and Immigration Services (USCIS) has information on how to find legal advice on their Web site at uscis.gov/graphics/lawsregs/advice.htm
  
  The American Immigration Lawyers Association has a web page at www.aila.org/contentViewer.aspx?bc=16 that can assist in finding an attorney who specializes in immigration law. For an attorney referral, you can call AILA at 1-800-954-0254 to speak with a representative or send an e-mail to ilrs@aila.org. AILA's Immigration Lawyer Referral Service does not provide legal advice. The Service will only refer you to a lawyer that specializes in your area of need in your geographic area.

• Legal aid clinics
  Many law schools and non-profit organizations have legal aid clinics that provide free or low cost legal assistance. Many of them have Web sites or pages on a law school Web site. Most of these clinics, however, focus on particular subject matters, and may not have any specific expertise relating to DOL adjudications.