Clearance Lawyer


#1

Just out of curiosity, has anybody hired a clearance lawyer to help with a response to an SOR or represent you at a hearing? If so, was your clearance granted with their assistance?


#2

You’re better off with an attorney as opposed to going at it pro se.


#3

There are stats around here somewhere showing that you have a better chance of getting/retaining your clearance if you are represented.

That doesn’t mean that you can’t do it yourself. Representing yourself in an in-person hearing seems more risky. You will be sitting in front of a judge and opposed by a lawyer. In a hearing “on the written record” I think that the opportunity to research and fine tune your defense allow for a better chance.

I also depends on what the government reports in your SOR. These less legal the problems are, the better shot you have.


#4

I did. The case I had (a polygrapher demanding I admit to countermeasures) was a fairly lost cause because security types are more interested in justifying polygraphs than actually determining if one is a legitimate concern. However, I had the lawyer during the in-person hearing and the DOHA judge recommended that my clearance be restored. Unfortunately, a DoD security board still got the final say and revoked my clearance, and lied on the letter that revoked it. However, with a favorable recommendation from the judge and the fact that the board lied on the revocation letter, ultimately using the BS excuse that they made a typographical error, will probably work in my favor when I request reconsideration in the fall.

That said, it probably would not have gone as well as it did had I not used a lawyer.