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Just Sold Condos in Arlington: August 1, 2024

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Each week, “Just Sold Condos” spotlights condos in Arlington that have sold over the previous week. The market summary is crafted by Rick Bosl, the Arlington Condo Expert, founder of ArlingtonCondo.com, and an agent with KW Metro Center. Contact Rick and make your next move the right move.

Welcome to Just Sold Condos in Arlington!

Last week, from July 22 to July 28, we had 11 condos that went to settlement. The sold prices ranged from $199,988 to $880,000 — a good week for the number 8, which is considered the luckiest number in Chinese culture. The pronunciation of the number 8 is similar to the word for ‘wealth’ or ‘fortune’.

Only 2 of the condos that sold were in high-rise buildings:

  • Woodbury Heights #1401, a 2 BR/2 BA condo, in Courthouse sold for $565,000. Built in 1983, Woodbury Heights Condo has some beautiful 2 level units on the top floor and if you are fortunate to be on the eastern side, you get some incredible monument views.
  • Tower Villas #802, a 3 BR/2 BA condo, in Virginia Square sold for $870,000. Tower Villas is built like a tank — it is as solid as they come. Built in 1974, it was one of the highest residential buildings in the area at the time.

The most expensive sale last week was in a mid-rise building:

  • The Flats at Pierce Court #12, also a 3 BR/2 BA condo, sold for $880,000. Unit #12 is a beautiful penthouse unit with two levels and a private rooftop. The Flats at Pierce Court is a newer building, 2018, but is on the south side of Route 50. If it was a half mile to the north, it would have sold for twice the price. Location matters — see the post below.

For a complete list of sales, visit ArlingtonCondo.com Just Sold Condos page.

Tower Villas

What Didn’t Sell?

If you are following the real estate market, while it is important to watch what sells, it is also important to watch what doesn’t sell. Last week there were 11 condos removed from the market. When a listing is removed, it can have one of three status’:

  • Expired — The listing term has reached its end and the listing agreement is over.
  • Cancelled — The listing term hasn’t reached its end, but the seller decided to cancel the agreement with the agent.
  • Withdrawn — There is still a listing agreement in place but the seller has decided to take it off the market. A number of listings will be withdrawn in December around the holidays and then put back on the market a few months later.

For a complete list of what didn’t sell last week, visit ArlingtonCondo.com Just Expired Condos page.

How Sellers Determine an Asking Price

A frequent question people have is how do sellers decide how to price their home. Setting the right asking price for a home is a critical decision a seller will make. It can mean the difference between selling quickly and lagging on the market, or even selling below market value. But how exactly are asking prices determined, and what factors should sellers and their real estate agents consider? In this post, I’ll walk through the intricacies of asking price determination, the methods used by professionals, and what to watch out for when pricing a home.

Understanding the Real Estate Pricing Game

Real estate pricing is part art, part science. It requires a deep knowledge of the local market, a clear understanding of a property’s unique features, and sometimes, just a dash of intuition. There are multiple prices that come into play in any real estate transaction:

  • Assessed value: This is what the county believes your property is worth for tax purposes. In Arlington, it is usually adjusted every year in January. The county assessor does not examine every property every year — that would be impossible. Rather, they make blanket adjustments for entire groups of properties or apply a certain percentage increase from the year before. 
  • Appraised value: An appraiser’s estimation of your property’s value, usually carried out for the benefit of a lender. You can ask for three different appraisers and you can get three different answers, but they should be close to each other. 
  • Fair Market Value (FMV): This is the most likely price that a property would sell for on the open market.
  • Asking price: The initial price at which a property is listed. Depending on the strategy, this could be at market value, below market, or above market. 
  • Sales price: The agreed-upon price between buyer and seller, which may be different from the asking price. The final sales price could be more or less than the asking price, depending on a number of factors. 
  • Net price: The net price is the Sales price minus any seller concessions to the buyer. 

For the same property, all of these can be different! 

To learn more about appraisers’ derive values and how agents create a comparative market analysis, read more here.

Please note: While ArlingtonCondo.com provides this information for the community, they may not be the listing agent of these homes. Equal Housing Opportunity.

Arts Focus: Annual Dark Star Park Day marks 40th anniversary of public art in Arlington

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Join us for Arlington’s 40th annual Dark Star Park Day tomorrow on Thursday, August 1.

This special event, starting at 9 a.m., invites the community to witness the remarkable shadow alignment of Nancy Holt’s iconic sculpture, “Dark Star Park.” 

This year’s celebration is the grand finale of a year-long tribute to Arlington’s internationally acclaimed public art collection. Highlights include an official County proclamation and a new poem by Arlington Poet Laureate Courtney LeBlanc, commissioned to honor both “Dark Star Park” and its visionary creator, Nancy Holt. Attendees will also receive vibrant, limited-edition posters by Globe Posters at MICA while supplies last. 

At approximately 9:32 a.m., Holt’s “Dark Star Park” spheres and poles will cast shadows that align perfectly with their permanent forms on the ground. This captivating event marks the moment of Rosslyn’s founding and transforms the park into a magical space of cosmic alignment. Rosslyn, known for its striking skyline and extensive public art, is one of Arlington’s most dynamic urban neighborhoods. Light refreshments will be provided by the Rosslyn Business Improvement District, adding to the festive atmosphere.

The 40th anniversary of Arlington Public Art has been celebrated with a series of events throughout 2023–2024, highlighting the entire collection and introducing several new pieces of artwork. The annual shadow alignment commemorates the day in 1860 when William Henry Ross acquired the land that became Rosslyn. Holt’s “Dark Star Park” critically explores themes of land ownership and the connection between the cosmos and our planet, with the spheres representing stars that have fallen to Earth. 

“Dark Star Park” is a pioneering example of integrated public art in the U.S. and was Arlington’s first major public art commission. It remains one of Nancy Holt’s most significant urban installations, offering an accessible and profound artistic experience. Holt (1938–2014) was a groundbreaking artist whose work spanned various media, including poetry, film, video, and large-scale public sculptures. Her art continually pushed boundaries, questioning our perception of the world and our place within it. 

Starting at 9 a.m., join us for a morning of activities, culminating with the shadow alignment at 9:32 a.m. “Dark Star Park” is located at 1655 N. Fort Myer Drive, where N. Fort Myer Drive and N. Lynn Street meet, just off Route 50/Arlington Boulevard, in Arlington’s vibrant Rosslyn neighborhood. 

Please visit these website links for more information about the Dark Star Park Day event on August 1, or to learn about Arlington Public Art.

Just Reduced Properties in Arlington: July 31, 2024

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Each week, “Just Reduced” spotlights properties in Arlington County whose price have been cut over the previous week. The market summary is crafted by Arlington Realty, Inc. Maximize your real estate investment with the team by visiting www.arlingtonrealtyinc.com or calling 703-836-6000 today!

Please note: While Arlington Realty, Inc. provides this information for the community, it may not be the listing company of these homes.

As of July 29, there are 130 detached homes, 33 townhouses and 149 condos for sale throughout Arlington County. In total, 20 homes experienced a price reduction in the past week, including:

3111 N Taylor Street

Please note that this is solely a selection of Just Reduced properties available in Arlington County. For a complete list of properties within your target budget and specifications, contact Arlington Realty, Inc.

Ask Eli: Huge condo appreciation — 2024 mid-year review

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This regularly scheduled sponsored Q&A column is written by Eli Tucker, Arlington-based Realtor and Arlington resident. Please submit your questions to him via email for response in future columns. Video summaries of some articles can be found on YouTube on the Eli Residential channel. Enjoy!

Question: How has the Arlington condo market performed in the first half of 2024?

Answer: The Arlington condo market had a historically strong first half performance this year, with average prices up a whopping 13.6% in the first half of 2024 compared to the first half of 2023.

A Wave of Demand Led to Remarkable Appreciation

Coming into the year, there were strong signs of upward price pressure in the condo market with inventory levels well below the 10-year average and significant increases in key demand metrics (% of condos selling within ten days and % of sale price to original asking price). We also had pent-up demand from would-be condo buyers in 2023, who held off on a purchase waiting/hoping for rates to drop, combined with the normal cycle of 2024 condo buyers to create strong demand in the first half of the year.

For a market that is generally flat/stable, even appreciation of 3-5% in a year is notable on a historical level, making double-digit growth is remarkable. For perspective, by most measures, we saw more appreciation in the first half of this year than we saw in the 12-16 months following the Amazon HQ2 announcement.

How the Data is Organized

For my mid-year reviews, I like to compare the first half of the year to the same period (first half) of prior years, rather than comparing the first half of the current year to the full year in prior years. We tend to see a much stronger market (higher demand, more competition) in the first half of the year than the second half, so I feel like this approach gives us a more apples-to-apples comparison.

It’s also important to note that the data I use is based on homes that went under contract in the first half of the year because it’s more reflective of actual buying activity during that period; as opposed to looking at homes that closed in the first half of the year, but may have gone under contract many months prior during different market conditions.

Highlights of a Strong Condo Market

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Neighborhood Spotlight: Explore Waycroft/Woodlawn

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Felicia Cook Waycroft/Woodlawn Neighborhood

I’m Felicia Cook, a Realtor with McEnearney Associates. I’m here today to show you the beautiful North Arlington neighborhood of Waycroft/Woodlawn.

This community is located just north of the Ballston-Rosslyn corridor. It has almost 500 homes that are a great mix of cape cods, colonials, cottages, and new homes. About 88% of the residents own their homes and the median home value is approximately $1.1 million. You can be in D.C. in 15 minutes via I66 or walk to the nearby Ballston metro.

When you think of Waycroft/Woodlawn, you think walkability. It is one of the best things about this neighborhood. Folks here can walk on the bike path into Ballston and take advantage of all the restaurants.

El Ray for Mexican, TrueFood Kitchen and the Mussel Bar are a few of my favorites and when I’m on the go, I love grabbing a salad from Sweet Green, a bowl from Cava or some tacos from Taco Bamba. There are also a lot of ways to work out and stay fit — One Fitness, Orange Theory and Bash Boxing are a few spots and there are many entertainment options too — Punch Bowl Social is a fun way to spend an evening, you can catch a movie at AMC theaters, or you can even watch the Washington Capitals practice at the MedStar Iceplex. And don’t miss the brand-new Harris Teeter on Glebe Road, it is huge and even has a wine bar!

I’ve lived here for over 20 years and my children walked to their elementary school, Swanson Middle School and Washington Lee (now Liberty) High School. We love the beautiful Woodlawn Park, where my kids learned to ride their bikes. This is really the hub of the neighborhood. And, another one of my favorite things are the little lending libraries.

There’s a strong Civic Association dedicated to keeping residents safe and happy, and the tight-knit community comes together regularly to host community parties and events.

Nestled between the activity of Ballston and Virginia Hospital Center, Waycroft/Woodlawn has the best of both worlds; quiet, tree-lined streets and beautiful flora with access to D.C. within minutes.

If you have any questions about what you’ve seen here today, check out our website at mcenearney.com or my website, FeliciaCookHomes.com.

Felicia Cook | 703-899-5226 | [email protected] | FeliciaCookHomes.com | www.McEnearney.com

For 40 years, McEnearney Associates has been a premiere residential, commercial and property management firm with 11 offices located in the Washington metro region. With service excellence, hyper-local expertise, powerful data insights, innovative technology and cutting-edge marketing, McEnearney Associates have helped their clients make informed decisions on their most valuable real estate investments. There is an important difference at McEnearney: It’s not about us, it’s about you. To learn more, visit us at www.McEnearney.com.

Just Listed in Arlington: July 26, 2024

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Just Listed highlights Arlington properties that just came on the market. This biweekly feature is written and sponsored by Coral Gundlach Homes.

Hello Arlington!

Coral Gundlach here with Coral Gundlach Homes at Compass in Arlington. I’ve been an Arlington homeowner since 2001 and a Realtor since 2004. I love this real estate market, even though it has its challenges.

The numbers this week are bucking the trend from the last few weeks. Pretty drastic new listing numbers this week (51 vs 74). The timing of this article is a little earlier, so that could show that a few more pop up today, but that is a fairly big drop, as new listings typically come out on Thursdays.

A few things could be to blame: summertime and people are on vacation. Dramatic couple of weeks in presidential politics could have people feeling more cautious. Rates dipped also so I imagine these properties, if priced and prepped well, should sell quickly.

Here are the numbers as of the time of writing: Friday, July 26 at 10:30 a.m.

  • All active listings in Arlington: 302 (up from 291 two weeks ago)
  • New Listings in the past week: 51 (down from 74 two weeks ago)
  • Under Contract/Pending in last week: 36 (up from 35 two weeks ago)
  • All active detached listings: 121 (up  from 113 two weeks ago)
  • New active detached listings: 17 (barely up from from 16 two weeks ago)
  • All active townhouses, fee simple: 26 (down from 41 two weeks ago)
  • New active townhouses, fee simple: 5 (down from 11 two weeks ago)
  • All active condos/co-ops: 148 (down from from 149 two weeks ago)
  • New active condos/co-ops:  29 (down from 32 two weeks ago)

The average cumulative days on market (CDOM) for both Active Under Contract and Pending sales went down to 34 from 41 two weeks ago. CDOM includes homes that were withdrawn and re-listed. Homes that went straight to Pending (meaning no contingencies) averaged 50 CDOM, up from 36 CDOM two weeks ago, and those that went Active Under Contract (with contingencies ) had an average of 20 up from 41 CDOM.

These numbers are odd, as typically houses that go straight to pending have fewer days on market. However since they are averages, one extreme example can skew the numbers. In this case there was a new build for $3.5 million with 433 CDOM that went straight to pending. That is typical with new construction and throws these numbers off. If I remove that house, the average CDOM for Pending in the past two weeks is 25. 

Since today’s numbers are all over the place, I will cover a new data set to explore buyer activity. Showing time tracks showings on listings and compares them to the last week and the same week last year. These stats are from the week ending July 21.

For Arlington county, there were 665 showings scheduled compared to 873 one year ago in the same week, and 698 the last week. That shows that buyer activity is down also. Dare I say there is an opportunity for buyers right now? With the years of brutal bidding wars in Arlington, these rare moments that don’t appear to have a complete sellers’ advantage, can seem unreal. 

Thirty-eight total properties closed in the last week, of those, the CDOM was 29, and the average original list price to sales price ratio was 99.7% and the average current list price to sales price ratio was 100.9%.

Contact Coral Gundlach Homes today at (703) 200-3631 or email [email protected] to talk more about buying or selling Arlington real estate.

This week’s Just Listed feature:

1111 19th Street N #2703, Arlington VA, 22209 — $1,450,000

1111 19th Street North, Unit 2703

Today’s featured listing is a glamorous condo in Rosslyn’s sought after The Waterview. It is listed by Brittany Camacho of Century 21 Redwood Realty — 1111 19th Street N #2703, Arlington, VA 22209. It is a stunning 2 bedroom, 2.5 bath unit with floor to ceiling windows, and Monument and Potomac river views from all rooms. Built in 2008, this nearly 1,500 square foot home has high ceilings, luxury finishes such as new hardwood floors, custom built walk in closets, new lighting and high end appliances such as Sub Zero Refrigerator, Viking range, Miele dishwasher.

It also has two reserved garage parking spaces as well. The building does allow pets up to 80 lbs and a limit of 2 per unit. It has a monthly fee of $1,784 that includes gas, water, sewer, trash and amenities such as a fitness center, party room and concierge. It is offered at $1,450,000 and is open this Saturday and Sunday, 11 a.m.-2 p.m.

Just Sold Condos in Arlington: July 25, 2024

By Sponsor

Each week, “Just Sold Condos” spotlights condos in Arlington that have sold over the previous week. The market summary is crafted by Rick Bosl, the Arlington Condo Expert, founder of ArlingtonCondo.com, and an agent with KW Metro Center. Contact Rick and make your next move the right move.

Welcome to Just Sold Condos in Arlington!

Last week, July 15 to July 21, we had 24 condos that went to settlement — the exact same number as the week before. The sold prices ranged from $191,000 to $887,000 with a median price of $420,000.

What can you get for the median price of $420,000? Here were several that sold:

  • Located just off of Columbia Pike, this 2 BR/2 BA at 3842 9th Road S at Dundree Knoll condo listed and sold for $410,000 after 22 days on the market. It has renovations throughout and has french doors that open to a large deck.
  • A 2 BR/1 BA at Cambridge Courts, 2703 Arlington Blvd #202, only lasted 5 days on the market. It listed for $415,000 and sold for $420,000. This top level condo has vaulted ceilings in the living room making it feel much larger than 781 square feet.
  • If amenities are more important than size, this 1 BR/1 BA at the Continental in Ballston, 851 N Glebe Road #1202, sold for $425,000. Amenities at the Continental include a 24×7 front desk, theatre room, party room, fitness center, rooftop pool, and an awesome rooftop with gas grills and fire pits.

For a complete list of sales visit ArlingtonCondo.com Just Sold Condos page.

Continental in Ballston

Rent or Sell? Cash Flow is Key

Are you planning on moving and are mulling over the big decision of whether to keep your current place and rent it out or to sell it and be done with it? For most people the answer is easy as they have to sell it to be able to buy the next place. For those in the position of not having to sell, the question is should you? In this post I’ll give you a few questions to ponder and a short cash flow calculator to give you a clearer picture of the costs involved.

Real Estate Investing

First, let me start out by saying I’m a huge advocate of investing in real estate. More wealth is created through real estate than any other form of investing. A few reasons why people invest in real estate include: cash flow, inflation hedge, leverage, appreciation, forced equity, depreciation, and tax advantages. I won’t get into all of these here but if you want to learn about real estate investing, my go to source is the Bigger Pockets podcast and website.

Real estate is a great investment vehicle, but it doesn’t mean every property is a good investment and nor does everyone want to be a landlord.

Will You Ever Move Back Into the Property?

Washington, D.C. is a very transient town where people move and move back all the time. If you are moving out of the area, ask yourself will you ever move back to the area and would you realistically move back into the property? If the answer is yes and yes, then it might make sense to rent out the property for a while. But be real, how likely are you to move back into the property and do you want to?

Do You Want to be a Landlord?

Another good question to ask yourself is whether you want to be a landlord. Real estate investing can be a mostly passive investment, but it does require some oversight and involvement. And of course filing your taxes will be a little more complicated.

Do You Want to be a Property Manager?

Being a landlord doesn’t automatically make you a property manager as you can hire someone to manage the property for you. Remember though, every property has a property manager. If you don’t hire a property manager, you are the property manager.

Do you want to deal with tenant complaints? Can you deal with a plumbing problem in the middle of the night? Do you know how to evict a tenant? It only takes one bad tenant to turn a new real estate investor into a never again investor.

Does it Cash Flow?

Many people think “if I can rent it for X and my mortgage is Y, then my cash flow is X-Y”. That simplistic formula is what gets many newbies in trouble. There are a number of other costs to factor into the equation. To see the full list of expenses to consider and a quick cash flow calculator, visit:

To read more go to Rent of Sell? Cash Flow is Key.

Please note: While ArlingtonCondo.com provides this information for the community, they may not be the listing agent of these homes. Equal Housing Opportunity.

CoStar Group project expedites the development of Gateway Park as Observation Deck at 1201 Wilson Boulevard closes

By Sponsor
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This article is sponsored by Arlington Economic Development.

At the July 22, 2024, regular meeting, the Arlington County Board took action to close the Observation Deck at 1201 Wilson Blvd. in Rosslyn.

The Observation Deck will officially close on July 31, 2024. This closure marks the acceleration of a major reinvestment in Rosslyn Gateway Park during a transformative period for the Rosslyn community.

CoStar Group, a leading global provider of online real estate marketplaces, information, and analytics, purchased 1201 Wilson Blvd., a 560,000-square-foot office building known as Central Place Tower, in February 2024.

CoStar Group Funds Significant Investment in Rosslyn Gateway Park

As part of the economic development deal, CoStar Group will pay Arlington $13,951,900 to significantly expedite the redevelopment of Rosslyn’s Gateway Park, accelerating its completion by nearly a decade. This investment will transform Gateway Park into a vibrant, multifunctional public space and world-class destination that is a central anchor for the Rosslyn community.

The redevelopment of Gateway Park, led by Field Operations, the same group of designers responsible for Met Park, will introduce new amenities, green spaces and recreational opportunities, creating a welcoming environment for all.

A New Outlook for Rosslyn

In the CoStar Group deal, Arlington County recognized a unique and impactful opportunity to marry Rosslyn’s community benefits with significant economic gains. CoStar Group initially considered Arlington due to its prime location and premier trophy building in the heart of Rosslyn.

Throughout the site selection process, CoStar Group discovered more about Rosslyn’s business HQ-friendly environment as well as Arlington’s highly skilled workforce, accessibility to two international airports, strong Metro system, high quality of life and dynamic urban centers — key factors that ultimately influenced the company’s decision to purchase the building.

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Just Reduced Properties in Arlington: July 24, 2024

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Each week, “Just Reduced” spotlights properties in Arlington County whose price have been cut over the previous week. The market summary is crafted by Arlington Realty, Inc. Maximize your real estate investment with the team by visiting www.arlingtonrealtyinc.com or calling 703-836-6000 today!

Please note: While Arlington Realty, Inc. provides this information for the community, it may not be the listing company of these homes.

As of July 22, there are 136 detached homes, 35 townhouses and 145 condos for sale throughout Arlington County. In total, 25 homes experienced a price reduction in the past week, including:

4516 7th Street N

Please note that this is solely a selection of Just Reduced properties available in Arlington County. For a complete list of properties within your target budget and specifications, contact Arlington Realty, Inc.

Ask Eli: 2024 mid-year single-family market review

By Sponsor

This regularly scheduled sponsored Q&A column is written by Eli Tucker, Arlington-based Realtor and Arlington resident. Please submit your questions to him via email for response in future columns. Video summaries of some articles can be found on YouTube on the Eli Residential channel. Enjoy!

Question: How has the Arlington housing market performed in the first half of 2024?

Answer: Sometimes the market surprises you (read: me) and the first half of 2024 was one of those times. After a relatively tame 2023 and prolonged high interest rates, I expected to see fairly stable pricing until rates dropped. By the second week of January, it was clear that buyers had other ideas, and I saw most homes in Northern Virginia selling for 5-10% more than they had in 2023 with intense competition.

How the Data is Organized

For my mid-year reviews, I like to compare the first half of the year to the same period (first half) of prior years, rather than comparing the first half of the current year to the full year in prior years. We tend to see a much stronger market (higher demand, more competition) in the first half of the year than the second half, so I feel like this approach gives us a more apples-to-apples comparison.

It’s also important to note that the data I use is based on homes that went under contract in the first half of the year because it’s more reflective of actual buying activity during that period; as opposed to looking at homes that closed in the first half of the year, but may have gone under contract many months prior during different market conditions.

Strong Price Growth and Competition

Across all property types, average home prices in Arlington increased by 6.8% in the first half of 2024 compared to the first half of 2023.

Let’s look at the performance of Arlington’s single-family home (SFH) market in the first half of 2024 compared to the previous four years:

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The Nose That Knows: Weekend cheese and wine tasting!

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This column is written by the team at Arrowine & Cheese (4508 Cherry Hill Road). Sign up for the email newsletter and receive exclusive discounts and offers. Order from Arrowine’s expanding online store for curbside pickup or in-store shopping. Have a question? Email thenose@arrowine.com.

Free this weekend?

Join us this Saturday, July 20 at 1 p.m. as we cut a magnificent 175-pound wheel of Emmental Francais straight from the caves of Master Affineur Hervé Mons!

This behemoth of deliciousness is made from unpasteurized cow’s milk and aged in the Mons’ Family Caves.

Come and taste the freshest and finest Emmemtal Francais you will ever find stateside. This delicious cheese from the Rhône Alpes is natural for sandwiches, melting and making fondue.

And remember, our free wine tasting will be on.

See you there!

Cheese Tasting

Legal Insider: Merit Systems Protection Board lawyers for federal employees

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This is a sponsored column by attorneys John Berry and Kimberly Berry of Berry & Berry, PLLC, an employment and labor law firm located in Northern Virginia that specializes in federal employee, security clearance, retirement and private sector employee matters.

By John V. Berry, Esq

The Merit Systems Protection Board (MSPB) is an appeals forum for federal employees and former federal employees to challenge various types of federal agency actions, such as serious disciplinary actions (adverse actions), retirement appeals, whistleblower matters and other types of cases.

The most usual type of appeal for federal employees involves filing an appeal over a serious disciplinary action, such as removal from the federal service.

During an appeal a federal employee can choose to be represented by an attorney. That said, the federal agency on the other side will be represented in the appeal by an attorney. This article discusses some of the reasons for retaining an attorney familiar with the MSPB process to assist you in an appeal. In other words, the reasons why it is important for a federal employee to retain an MSPB attorney. Here are some reasons why it is important for a federal employee to retain an MSPB lawyer for their appeal.

Federal Agencies Treat MSPB Cases Differently When an Employee Has an Attorney

One of the reasons why it is important to have an MSPB experienced attorney representing a federal employee is that it will very likely make a difference in how the federal agency treats the MSPB appeal at issue. Federal agencies allocate their attorney resources first to cases where an individual has retained an attorney. Those cases tend to get the most attention because there are attorneys on both sides of the appeal.

In other words, where an appellant has their own attorney, the federal agency involved will focus more on that individual’s appeal merely because they have an attorney. This focus can help to resolve MSPB appeals earlier in the process.

The MSPB Process is Much Like a Civil Action

One of the most important reasons why it is important to have an attorney represent a federal employee in the appeals process is the fact that it is a very serious type of appeal, very similar to being involved in a civil lawsuit. There is a general misperception that the process is designed for an employee to effectively represent themselves.

An MSPB appeal functions much like a civil court case where there is discovery, the taking of depositions and the filing of briefs. As a result, representing yourself in this type of case is very difficult. It is often the case where federal employees discover this too late and we are contacted after discovery deadlines have passed which can make appeals much more difficult to prevail in and/or settle. It is important to have an MSPB attorney early in the process. Additionally, there are often legal arguments and filings required by an administrative judge that really require an attorney.

Increase the Chances of Settlement

Federal employees who retain attorneys in the MSPB process are more likely to resolve their MSPB appeals. Part of the calculation by federal agencies, in determining whether or not to settle MSPB cases, has to do with risk. Federal agency attorneys evaluate the risk of losing an appeal (a risk which increases when an employee has an attorney), but also other types of risks including the risk of adverse information being disclosed through discovery.

Individuals without counsel can run across difficulties such as how to format discovery requests or take depositions which can limit the amount of critical information uncovered in an appeal. This can decrease the chances of settling an MSPB appeal. MSPB lawyers are also able to understand and work out the legal terms of a settlement agreement with federal agency counsel to minimize risk and to attempt to ensure compliance with settlement agreements.

It is Difficult for an Employee to Represent Themselves at a MSPB Hearing

One of the most important reasons for having an attorney represent an appellant in an MSPB appeal is the difficulty for a federal employee in presenting their own case at the MSPB hearing. MSPB hearings typically involve presenting opening and closing statements, presenting and questioning witnesses, cross-examining witnesses and making legal objections to evidence.

It is also difficult for a federal employee to question themselves in a case, and their testimony as a result often takes the path of a statement which can have limitations. Having an MSPB lawyer assist them can help lead them through what can often be difficult testimony. We often have federal employees come to us following the filing of an MSPB appeal because they didn’t realize how complex the process could be. It is best to secure MSPB representation as soon as possible for federal employees.

If you are in need of advice regarding MSPB appeals, please contact our office at 703-668-0070 or through our contact page to schedule a consultation.

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