U.S. COURT OF APPEALS FOR THE FEDERAL CIRCUIT
The Federal Circuit, located in Washington, is available for review of most decisions of the MSPB and for awards of arbitrators involving cases that would otherwise be within the MSPB's jurisdiction. We provide representation at the Circuit from the filing of the appeal through briefing and argument.
Peter Broida has handled cases with the Federal Circuit, and its predecessor court, on appeal from the MSPB since the inception of the Circuit in the early 1980s. That Court affirms the MSPB in a high percentage of cases, although many of the cases taken there probably had little chance for success. Peter has filed, briefed, argued, won and lost many cases in the Circuit.
The appellate process in the court is time-consuming and expensive when a lawyer is paid for the time needed to properly brief and argue a case.
You do not have to be a lawyer to take your case to the Federal Circuit. Lots of cases taken there on appeal from the MSPB are handled by individual appellants who are not represented by attorneys. These are called pro se appellants, and the court has a simplified briefing system for pro se appellants that reduces the time that goes into preparing complex and rigorously formatted briefs that attorneys are required to prepare.
If you are considering taking an MSPB decision to the Federal Circuit, we can line up a consultation to consider the merits of the judicial appeal and the cost if you retain us. We will also discuss with you the process of handling the case yourself under the Circuit's informal briefing process.
SCOPE OF REPRESENTATION
Most of our representation is for individuals. We represent unions for issues that develop during the bargaining relationship and on a case-by-case basis. We provide advice or representation to federal agencies—usually small agencies that need counsel specialized in civil service law or larger agencies with a conflict of interest within a management group or within agency counsel's office.
The scope of our representation is defined in a written retainer agreement that is generally developed with the client after our intake and consultation.