Written by two veteran practitioners with years of litigation and hearing experience, this handbook provides unique and invaluable guidance on how to effectively litigate a case before the MSPB, EEOC, FLRA, or in arbitration. While most trial practice books focus on litigation before a jury, this text examines the nuances of administrative practice and teaches the skills required to master an “administrative judge only” hearing. This is a how-to text devoted to hearing skills, not a procedural guide.
Surpassing standard advice on how to examine witnesses, this text teaches the reader what to ask and how to ask it, how to conduct a competent examination and how to craft precise questions. A simple four-step approach to developing fail-safe cross-examination questions, that is, questions not capable of evasion by a difficult witnesses, nor susceptible to objection by a difficult representative, is also provided. Also included are techniques for emphasizing certain evidence and presenting a case persuasively.
The text is unique thanks to its down-to-earth guidance on evaluating a case and marshalling the evidence necessary to meet your burden of proof. Avoid common mistakes, such as, failure to present an effective appeal or response, failure to bolster one’s case through discovery, and desultory advocacy through an unconvincing prehearing submission. Provided within the handbook are detailed instructions on how to correct these everyday mistakes and convert lost opportunities into effective administrative litigation.
350+ pages.
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Table of Contents
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Text Sample
(1998) Motions Practice before the MSPB and the EEOC
(2011) Principles of Federal Sector Arbitration Law