Representation Guidelines

Parties who appear before OALJ may appear in person, by counsel, or by other representative. See 29 C.F.R. §§ 18.21, 18.22. You may: Appear in court and represent yourself. The legal term for self-representation is that a party appears "pro se;" Hire an attorney to appear in court to handle your case for you; or Hire or otherwise obtain a "lay representative," in other words, someone who is not an attorney, to represent you. Some hired representatives specialize in representation in certain types of cases, like cases under the Black Lung Benefits Act. In other cases, claimants who do not have a lawyer might prefer to have the help of a family or friend rather than representing themselves. During the hearing, you or whoever represents you will be permitted to present and examine your own witnesses, cross-examine witnesses from the other party, and introduce other relevant evidence, such as documentary evidence, to prove your case. However, all parties are expected to comply with the applicable rules and law that govern practice before the OALJ, which include rules dictating the proper procedures for pre-hearing discovery, hearings, and post-hearing procedures. See, e.g. Rules of Practice and Procedure before the Office of Administrative Law Judges, 29 C.F.R. Part 18. See the DOL Appeals website for representation guidelines relating to the Administrative Review Board and the Benefits Review Board.

The Office of Administrative Law Judges (OALJ) does not have the power to refer you to counsel or to appoint an attorney for you. See 29 C.F.R. § 18.17. Nor can OALJ give you legal advice. Therefore, if you would like to obtain legal services to aid in the pursuit of your claim, you must hire an attorney yourself.

While legal representation is not required to pursue your claim before OALJ, it is recommended that you obtain legal counsel because of the potential complexity of legal issues often present in cases adjudicated by OALJ. This page is designed to inform you of some of your options in finding an attorney. It is not a complete list of the available options, but is designed instead to give you some background information as a starting point.

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

Getting Started

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 a local telephone directory, or your state’s bar association website. State bar websites generally have resources for members of the public looking for an attorney. 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 make sure you ask if you will be charged for consultation services. If you are 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, which is an organization designed to help direct you to an attorney who might be suited to represent you in the type of case you have.

• American Bar Association Referral Services
  • Lawyer Referral Directory
• Free or Low Cost Legal Services

  The Legal Services Corporation (LSC) funds locally based legal aid services for persons in financial need and maintains a list of contacts on its website.

  • LSC Home Page
  • State Directory

• Immigration-specific referral service

  The U.S. Citizenship and Immigration Services (USCIS) website has information on Finding Legal Advice.

  The U.S. Department of Justice - Executive Office for Immigration Review also has information on finding free legal service providers.

  The American Immigration Lawyers Association has a "Find an Immigration Lawyer" page that can assist in finding an attorney who specializes in immigration law. AILA's Immigration Lawyer Referral Service does not provide legal advice. The Service will only refer you to a lawyer who 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 websites or pages on a law school website. Most of these clinics, however, focus on particular subject matters, and may not have any specific expertise relating to DOL adjudications.

  • Directory of the National Black Lung Clinics (Nov. 2015)