In an initial decision in the case Augustine v. DVA, MSPB Doc. No. SF-3443-00-0085-A-1 (MSPB Dec. 19, 2003), the MSPB SFRO Administrative Judge Phil Reed denied an attorney fee motion on behalf of a prevailing appellant because the attorney was not licensed in California although he was admitted to practice in two other states. The AJ ruled that the attorney must be in conformance with state ethical and other practice rules re the location of the case. In this instance, he was deemed not to be licensed in California and therefore could not receive attorney fees. This decision has important implications for all MSPB practitioners who practice in regional offices around the country where they are not admitted to local Bars. Please keep in mind that it's an initial decision and not binding precedent at this point, and no information is available at this time regarding whether the decision will be appealed. MWELA MSPB practitioners should keep a close eye on this development.

Newsletter Volume: 
Newsletter - January 2004