Frequently Asked Questions

Do you offer a free initial consultation?

Yes, we provide an initial, no-cost, and no-obligation consultation. This no-obligation consultation typically lasts less than half an hour and is conducted via phone. The primary objective of this consultation is to determine if our services are applicable to your situation and if they would be cost-effective. Requests for a no-cost consultation can be initiated by clicking here (fastest method).  Book Now

 

Do you require a retainer agreement or contract?

In most cases, no. However, if clients intend to hire us for twelve hours or more at a time, we may execute a retainer agreement. Generally, our fees are not sufficient to justify an agreement or contract.

 

How available are consultants to clients?

Our consultants are perhaps the most available you will encounter. Upon establishing a retainer or flat-rate agreement, clients receive the direct cell phone number to their consultant's dedicated client phone. Calls, text messages, and emails are responded to every day of the year, including holidays, for eighteen hours a day, seven days a week. Texts and short emails are typically responded to within minutes, and voicemail is usually returned within a few hours at most. Our consultants also respond after hours and on weekends (when most clients prefer), typically working an 18/7 schedule.

 

Will you work with my union representative?

Yes, we appreciate working with union representatives. Often, this arrangement can result in cost savings and expedite our entry into your case, saving you money. We have received positive feedback from labor unions in this regard. Some of the unions we have worked with are listed here. If your union has any consulting questions, we are more than happy to answer them.

 

Do I need an attorney or union representative?

Attorneys are not mandatory in cases involving administrative personnel matters (federal, state, or local), although you may prefer legal representation. However, we strongly recommend obtaining legal counsel in certain instances. We rarely accept clients already working with legal counsel. We even advise you on what to look for in an attorney and review the retainer agreement for you at no charge.

 

Since administrative matters are common, you can even have a friend, family member, or coworker represent you directly or indirectly. It's a common misconception that only attorneys or unions can represent or advise federal employees in personnel matters. For instance, you can hire a consultant to assist you before the MSPB, EEOC, FLRA, OSC, or even at arbitration. We are consultants, not your direct representative.

 

You don't need the permission of the agency or union to retain our services. In some cases, you may want to hire a consultant to handle every aspect of your case. To save even more money, you can retain a consultant to consult with you or prepare various documents, such as your MSPB appeal, grievance response, response to a proposed action, oral response to a deciding official, review your documents, and post-arbitration brief.

 

If the consultant determines at any time that you need an attorney or should seriously consider it, you will be advised accordingly.

This is an excellent consulting question. In a short time, we accomplish what most unions cannot. While we are all strong union supporters, and some of us were once union officials, we have found that most federal unions at the local level are simply incapable of representing or advising members in serious matters such as adverse actions (removals and suspensions exceeding fourteen days), EEO complaints, serious investigations, non-selection matters, and disciplinary actions. This is particularly relevant now that federal unions recently lost their Official Time under Executive Order 13837 (later restored by President Biden). Although portions of the Executive Order were overturned (later reinstated), most union officials have already retired or given up their local union positions, and it will be a while before they recover. There are rare exceptions, but chances are your union is not one of them. Our consultants receive top-level third-party training throughout the year and possess significant academic and professional credentials. They practice in this field on a daily basis, which is a requirement to be in our group. Regardless, we would like to collaborate with your union in assisting you whenever possible. Many unions even pay our fees or reimburse you for our fees.

 

Who will provide the consultation?

Consulting is provided directly by senior-level federal labor and employment relations experts who offer executive-level consulting and transactional litigation services. These consultants have practiced before the MSPB, EEOC, FLRA, arbitrators, OSC, and the FMCS. Many of them are certified mediators.

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Do you work with supervisors or executives?

Yes, we service supervisors and executives in federal, state, and even local agencies. Our consultants are former senior-level federal employees and labor relations subject matter experts who have extensive experiencing supporting agency supervisors and executives all the way to the Senior Executive Service level of departmental operations. 

 

Will my union pay your fees?

Another excellent consulting question. Sometimes, unions will even contact us on your behalf or seek telephonic consultations (initial or second opinions) regarding your situation. Generally, the more serious the issue, the more likely they will either pay fees directly or reimburse you for the fees you've paid. It's important to note that no union is obligated to pay consulting fees on behalf of members or reimburse those fees to members (although this is more common).

 

Do you provide legal services?

No, consultants do not provide legal services. Instead, we offer specialized consulting and advocacy services in the broad field of administrative federal personnel matters. We also provide transactional administrative litigation services, including written appeals, discovery requests, motion preparation and responses, evidence preparation, crafting EEO complaint claims and bases, affidavit support, and more. These areas encompass (but are not limited to) discipline, adverse actions, Equal Employment Opportunity (EEO), retirement, personnel action coding, administrative investigations, Freedom of Information Act (FOIA) compliance, Merit Systems Protection Board (MSPB) appeals, Federal Labor Relations Authority (FLRA) actions, arbitration, document reviews, union representation oversight, and various other matters.

 

Is the money I spend on consulting fees recoverable if I prevail at a hearing?

No, unlike attorney fees, which are specifically recoverable (most times) at a hearing if you prevail, fees paid to a consultant are not. More specifically, attorney fees can only be paid for services rendered by members of the Bar, law clerks, paralegals, or law students under the supervision of Bar members. This is outlined in 29 CFR 1614.501 (e)(1)(iii) and is further supported by the case Jenkins v. Department of the Air Force, 98 FEOR 1199, EEOC No. 01962196 (EEOC OFO 1998).

 

Do you provide consulting support for civil actions?

No, we do not provide direct support to clients in civil actions. You must secure a qualified attorney for such matters. However, we have previously provided consulting services directly to attorneys.

 

Is a Consultant Less Expensive than an Attorney?

In every case, without exception, yes. Our recent experiences show that a typical initial retainer for an attorney to represent you in an Equal Employment Opportunity Commission case is $12,000, while a Merit Systems Protection Board initial retainer can be as high as $15,000, depending on your geographic location.

 

At What Stage Should I Hire a Consultant?

The earlier you hire a consultant, the more money you'll likely save and the more efficiently the case will be litigated. We prefer a preventative approach to problem-solving rather than a reactive one. For instance, during a proposed removal stage, your response to the deciding official is crucial. This is your chance to end the proposed action and return to normal without further administrative litigation. If you fail to convince the deciding official to mitigate or rescind the proposed removal, your next step is either arbitration (if the union approves) or the Merit Systems Protection Board, and in some cases, to the Equal Employment Opportunity Commission and the Merit Systems Protection Board ("Mixed Case").

 

Can a Consultant Just Assist Me and Not "Take My Whole Case"?

Yes, this is the actual preferred method. We prefer you retain control and save money by doing as much as you can with our assistance only as needed, as determined by you. We can provide advice, research, second opinions, write your responses, prepare you for deposition, assist you in discovery, write your discovery motions, and anything else case-related. By using us in this way, what could have cost you $15,000 may only cost you $1,200. We call this Indirect Representation. It's the least expensive yet still effective method for clients in nearly every situation.

 

Is "a La Carte" Consulting Effective?

Yes, in every instance. Many clients find that this is a more budgeted way for self represented clients to proceed while having an expert in their corner to provide further guidance and review beyond initial free consultations, if any. Additionally, some clients often start off with this type of alternative limited-scope representation, and then convert to full attorney representation, depending on the circumstances and evidence that develops. ​  You only hire a consultant as needed. However, hiring us for a number of hours guarantees the availability of a consultant. There's no obligation to continue with services or pay a $12,000 retainer. However, in situations where we believe the client needs an attorney, we'll make that recommendation.  

 

Many individuals keep us on retainer for limited, budgeted, or "a la carte" representation in lieu of full representation during a particular phase or stage of their matter where they elect to proceed with self representation. This is ideal for clients who need expert guidance on procedure, explanations of orders, assessments of their case, etc. These clients keep us on retainer for issues that come up, as needed. 

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Under this type of representation, you are responsible for your deadlines and responsibilities. Sometimes we may provide templates, and  "ghostwrite" your materials depending on your needs.  

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Do I Designate the Consultant as My Representative?

No, unless specifically directed to do so by your consultant.

 

Are Consultants Employees of InformedFED?

No. Consultants are associated with InformedFED as contributors or independent advisors, but they are not employees. If you hire a consultant, the transaction is between you and that individual consultant. We merely provide a vetted referral and coordination service in these cases. Consultant availability may vary widely at times.

 

How do I Pay the Consultant?

InformedFED accepts all forms of payment including credit cards, Apple Pay, Klarna, After Pay, and PayPal. This invoice will detail the service agreement or arrangement. All invoices are payable in full on the date received or shortly thereafter. Consulting services are not secured until payment is made, and consultant availability may change quickly. You can see our fee schedule by clicking here.

 

Are Your Services Tax Deductible?

No.