The MSPB is an independent, quasi-judicial agency that hears and decides cases involving federal civil service employees, including adverse actions (removals, suspensions of more than 14 days, demotions), performance-based actions, reductions in force, and whistleblower retaliation claims under the Whistleblower Protection Act (WPA) and Whistleblower Protection Enhancement Act (WPEA).

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Who Can Represent You Before the MSPB?

 

  Under federal regulations (5 C.F.R. § 1201.31), parties appearing before the MSPB may be represented by:

• Attorneys,

• Non-attorney representatives,

• Designated union officials, or

• Any individual of the party’s choosing, so long as that representative is not disqualified for misconduct.

 

  Our non-attorney representatives are seasoned advocates with deep knowledge of civil service law, agency procedures, and the unique evidentiary and procedural rules of MSPB litigation. We prepare case filings, responses to agency actions, settlement proposals, and represent clients at hearings before MSPB administrative judges.

 

Types of Cases We Handle:

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• Removal, Suspension, or Demotion Appeals

• Whistleblower Retaliation

• USERRA and VEOA Claims

• Probationary Termination Challenges (in limited circumstances)

• Petitions for Review (PFR) of Initial Decisions

• Settlement Negotiations & Last Chance Agreements

• Requests for Stays, Reinstatement, or Corrective Action

 

Why Choose a Non-Attorney Advocate?

 

  Federal regulations make clear that there is no requirement to hire a licensed attorney to represent you before the MSPB. In fact, many federal employees and whistleblowers choose experienced non-attorney advocates for:

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• Specialized expertise in federal personnel law,

• More flexible engagement terms and billing rates,

• Focused administrative law representation, without the overhead or constraints of traditional law firms.

 

Jurisdiction and Process

 

  Most MSPB cases begin at the regional or field office level, with filings submitted via the e-Appeal Online system.    Hearings are conducted before an administrative judge (AJ), who issues an Initial Decision, which may be appealed to the full Board in Washington, D.C. Cases may proceed further to the U.S. Court of Appeals for the Federal Circuit or, in whistleblower matters, to a U.S. District Court.

 

  Our advocates assist at every stage, from initial filing through appeal.

 

Compliance, Ethics, and Registration

 

  While non-attorney representatives are permitted to appear before the MSPB, representatives must:

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• Avoid the unauthorized practice of law in jurisdictions where such representation may trigger state bar concerns (we provide advisory clarity on this),

• Comply with MSPB ethics standards, including duties of candor, confidentiality, and fair dealing,

• Operate within the bounds of 5 C.F.R. §§ 1201.31, 1201.41, and 1201.43 regarding representation and conduct.

 

  Birch Hill Chambers upholds strict internal standards for conduct and advocacy, and we do not assign any individual who has been disqualified or sanctioned by the MSPB or any federal body.

 

How to Engage Us

 

  Engagements are handled through a private, written agreement between you and an advocate of your choice affiliated with Birch Hill Chambers. We match you with an experienced representative based on the nature of your case, agency involved, and urgency of the matter. Flat-fee, hourly, and hybrid billing structures are available.

 

Birch Hill Chambers stands ready to support federal employees, whistleblowers,

and civil servants navigating the complex terrain of MSPB litigation.