Q & A Session – Allowed an Attorney at MSPB


Ask the Lawyer received the following question (paraphrased for easier reading and clarity) from a reader on a legal matter that might be of interest to the entire audience.


I am currently going through an appeal with the Merit Systems Protection Board. I understand that I am not allowed a lawyer, but why are they allowed to be represented by one? I have an ill-trained union representative, and they have a JAG lawyer.


You are allowed a lawyer, you just have to pay for it. You are not entitled to representation at government expense unless you win your case, and then you may be awarded attorney fees if the interests of justice are served.

Bill Bransford is managing partner of Shaw Bransford & Roth PC.

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