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November 3, 2008 DOL Home > e-Judication > Do I need representation? |
Do I need representation? 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
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. 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.
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