ARB | BRB |
ECAB | OALJ
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.
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
attorneys 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
persons appearance is entered. The application shall state:
- The persons name,
- Address,
- Telephone number,
- General education,
- Any special training or experience in claims representation, and
- Such persons relationship, if any, to the party being
represented.
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.
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.
- 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.
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