Consultant vs. Attorney vs. Union Representation

When confronting a serious federal workplace issue or personnel action—such as removal, demotion, or an appeal before the MSPB or EEOC—federal employees at all grade levels must decide on their form of expert consultation or representation. While bargaining unit employees can often turn to their union, both they and non-bargaining unit members have alternative options: specialized consultants and attorneys.

Choosing the right advocate is a critical decision that can profoundly affect the outcome of your case. Here, we break down the primary options, outlining the pros, cons, and key differences to help you make an informed choice.

Considering a Consultant: Expert Guidance, Assistance at a Lower Cost

Consultants in this space are typically senior-level federal employee and labor relations practitioners with decades of proven experience. It’s important to note they are not practicing attorneys, a fact they will make clear during initial discussions. A consultant acts as your private, confidential advisor, much like an Employee/Labor Relations Specialist would advise agency management or legal counsel.

What a Consultant Does:

• Provide Qualified Direct Advice: Offer strategic counsel on your specific issues.

• Case Preparation: Prepare official correspondence, conduct case research, draft formal filings, motions, and arguments for your signature.

• Analysis: Review settlement agreements and investigative findings, and conduct case mapping.

• Client as Decision-Maker: The client remains the final decision-maker and is responsible for timely submission of all documents and filings with the assistance of the consultant.

Key Differences (Consultant vs. Attorney):

Feature	Consultant	Attorney	Union
Direct Representation	No. Does all work requested. Does not directly speak on your behalf before MSPB, EEOC, etc.	Yes. Does all the work and speaks on your behalf.	Yes. Speaks on your behalf. May do the work.
Cost (Hourly)	Typically lower (e.g., $175/hour).	Significantly higher (e.g., $400 to $600/hour).	No additional cost beyond union dues (typically).
Retainer	Much lower initial retainer soley determined by client (e.g., $640 to $1,280).	Substantially higher (e.g., $8,500 to $15,000+).	None
Fee Recovery	Generally not recoverable upon successful appeal.	Most likely recoverable upon successful appeal (e.g., at MSPB/EEOC).	Not Applicable.
Flexibility	Excellent for cost containment and strategic preparation. Can "warm hand-off" to an attorney for the hearing stage if needed. Often works with attorneys at client request.	Handles the entire process reduced workload on client.	Typically already paid for and familiar with agency processes.

Qualified consultant services offer an excellent balance of expert protection and cost containment, provided the client is willing to be actively involved in their representation. InformedFED does not require a large committment of funds and provides services in an a la carte manner. This business model was developed to allow employees the ability to obtain expert consultation and other support services (preparing complaints and appeals, preparing motions, pleadings, and discovery, etc) at an affordable price and based on their needs.

InformedFED consultants are academically credentialed with advanced continuing education and practice with at least a Master's Degree in Legal and Ethical Studies, Business Administration, or Human Resources. Our Chief Consultant and Analyst has over 35 years of experience representing both agencies and employees and has worked as an Employee Labor Relations Chief and senior Departmental HQ level ELR advisor. He is a graduate of the National Labor College and University of Baltimore.

Considering an Attorney: Full Legal Representation

Attorneys are formally trained and licensed in the practice of law (licensure is not a requirement for representation in administrative proceedings such as the MSPB, EEOC, FLRA, etc). For federal workplace issues, you should only seek out a specialist in public personnel law, MSPB, EEO, or federal employment law—general practice attorneys (or general practice consultants) are not recommended.

Attorneys essentially take on all the work for you, operating as your direct legal representative.

Key Considerations for Attorneys:

• High Cost: Due to the complexity and time involved, fees are significantly higher.

• Fee Recovery: A major benefit is that attorney fees are generally reimbursable if you are successful at an EEOC or MSPB hearing.

• Union Notification: Bargaining unit members usually need permission from their local union and must notify the agency if retaining an external attorney.

• Specialization is Key: Ensure your attorney is deeply familiar with the processes and practices of MSPB, FLRA, EEOC, and other relevant administrative venues.

If you are willing to pay the higher up-front costs for the convenience of having an expert handle every aspect of your case, including all associated workload, a specialized attorney may be the right choice if you have the resources.

Considering the Union (If Available)

Bargaining unit members are entitled to union representation for workplace matters, regardless of whether they pay dues. This may be especially relevant when considering Consultant vs. Attorney vs. Union Representation.

The quality of union representation, however, can vary widely. While some local unions incorporate qualified in-house legal counsel or have robust Legal Defense Plans (LDPs) or Legal Services Plans (LSPs), the majority of local union representatives may lack formal training, experience, or credentials in federal employee representation. Local unions also typically experience a very high turnover rate.

Union Pros and Cons:

• Pro: Typically free or nominal cost for bargaining unit members.

• Con: Quality and availability of representation can be inconsistent.

• Note: In rare cases, some unions may agree to front or reimburse consultant fees for qualified members.

Conclusion: Consultant vs. Attorney vs. Union Representation - Don't Wait Too Long

Regardless of which route you choose, the most crucial step is to obtain qualified assistance as quickly as possible. Time limits are strict: you have only 30 calendar days to appeal an adverse action to the MSPB and 45 calendar days to establish initial contact with an EEO counselor. Consider carefully when deciding between Consultant vs. attorney vs. union representation.

The longer you wait, the more complicated and costly your case becomes. Make your decision swiftly to ensure you have the best possible representation or consultation protecting your interests.

For a free consultation with a consultant, click here.