Written by long time federal sector employment law practitioners, this text provides instruction on advocating before the MSPB and arbitrators. Practice tips, forms, outlines, checklists, do’s and don’ts, and lessons from over 60 years of the authors’ experiences as trial lawyer, judge, and arbitrator help the advocate prepare and effectively litigate a case. Practitioners and those who “second-chair” or interact at any step in the advocacy process rely on the Art of Advocacy for instruction on topics including:

• The Essence and Importance of Effective Advocacy
• Board Fundamentals: Process and Procedures, Laws and Regulations—MSPB structure, appealable actions, remedies, affirmative defenses, and important cases by topic
• Arbitration Fundamentals: Process and Procedures—specific categories of cases, arbitrator selection, and award review
• Proof Requirements: What to Prove, How to Prove It—nexus, penalty reasonableness, affirmative defenses, proof requirements for misconduct and performance cases, and evidence
• Preappeal Advocacy: Critical Employee or Agency Considerations—agency fact-finding, proposal notice, response and agency decision notice
• Winning on Discovery—Board discovery procedures, document production, interrogatories, admission requests, depositions, and discovery in arbitration
• Advocacy and Effective Motion Practice—motion in limine, to dismiss, strike, disqualify, bifurcate and for summary judgment, a more definitive statement, protection order, sanctions, subpoena, enlargement, extension of time or continuance, interlocutory appeal, enforcement, and attorney fees
• The Winning Direct Examination—how to organize direct and how to question, the keys to clarity and persuasion, and special questioning techniques and situations
• The Winning Cross-Examination—what to ask and when to ask it, seven keys to clarity and persuasion, and common objections
• Oral and Written Advocacy: the opening, closing, posthearing brief, petition for review
• Settlements and the Art of Advocacy—how to weigh the pros and cons of settlement and specific clauses

Also includes a detailed table of contents and appendices with sample opportunity notices.

Available as a softcover book and/or a PDF file with many useful features delivered on a CD-ROM, USB Flash Drive, or download. Hyperlinks allow the reader to move quickly between the Table of Contents and the corresponding portions of the text. Internal hyperlinks serve as a cross-reference feature within the text.

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