If you have questions or concerns about obtaining a federal security clearance, can—and should—you hire a lawyer to represent you? There are several circumstances in which it can be beneficial to work with an experienced lawyer during the security clearance application process. This includes both:
- Circumstances involved with preparing your security clearance application; and,
- Circumstances involved with receiving a security clearance application denial.
While many people are hesitant to speak with a lawyer, the reality is that working with a lawyer can be the most efficient (and, in some cases, the only) way to obtain the federal security clearance you need. With this in mind, here are some common examples of when you should hire a security clearance lawyer to help you:
Hiring a Lawyer to Assist with Your Security Clearance Application
We’ll cover hiring a lawyer to assist with your security clearance application first. While you may be able to successfully file a security clearance application on your own, there are two scenarios in particular in which it will generally make sense to seek experienced legal representation:
You Have Concerns About Your Security Clearance Application Being Denied
The first scenario is when you have concerns about your security clearance application being denied. If you have reason to believe that the Defense Counterintelligence and Security Agency (DCSA) may deny your application, you will want to speak with a security clearance lawyer about the options you have available.
In many cases, there are steps applicants can take to proactively address concerns that have the potential to lead to denial. If you can identify issues that the DCSA is likely to raise with your application—and if you can address the DCSA’s likely concerns before you file—you may be able to streamline the process and avoid the need for a Defense Office of Hearings and Appeals (DOHA) hearing.
You Have Questions or Concerns About the Application Process Itself
The second scenario is when you have questions or concerns about the application process itself. When submitting a federal security clearance application, it is important not to make assumptions or take unnecessary chances. An experienced security clearance lawyer will be able to efficiently provide the advice you need and provide any additional assistance you may require.
Hiring a Lawyer After a Security Clearance Application Denial
Most people who contact a security clearance lawyer at Bell Law Group do so after their security clearance application has been denied. If you are facing a security clearance denial, there are several ways a lawyer at our firm can help you, including:
Reviewing Your Statement of Reasons (SOR)
While it is important that you carefully review your Statement of Reasons (SOR), it is important that you hire an experienced lawyer to review your SOR as well. The grounds for denying a federal security clearance application are established by federal regulations, and you will need a lawyer who is familiar with these regulations to assess whether the denial of your security clearance application is justified.
Determining if You Have Grounds to Challenge Your Security Clearance Denial
After reviewing your SOR in light of the pertinent federal regulations, your lawyer will be able to determine if you have grounds to challenge your security clearance denial. If you do, you will want to begin working with your lawyer to request a DOHA hearing immediately. If you do not, you will want to begin working with your lawyer to remedy the issues that resulted in your denial (if possible) so that you can reapply in the future.
Preparing Your Response to Your SOR
If you have grounds to challenge your security clearance denial, the next step will be to prepare a formal response to your SOR. It is imperative that your response meets all substantive and procedural requirements—and this makes it essential to work with an experienced security clearance lawyer who can prepare an effective response to your SOR.
Communicating with DOHA’s Department Counsel
Once you submit your response to your SOR, it will be reviewed by Department Counsel at DOHA. In some (but not all) cases, it will be possible to work with DOHA’s Department Counsel directly to obtain a reversal without attending a DOHA hearing. Since Department Counsel is a lawyer who works for the federal government—and whose job is to ensure that no one receives a security clearance if they are ineligible—you will want to hire an experienced lawyer who can communicate with DOHA’s Department Counsel on your behalf.
Preparing for Your DOHA Hearing
If attending a DOHA hearing is necessary in your case, you will need to ensure that you are thoroughly prepared. Among other things, this means gathering as much evidence as possible, preparing witnesses to testify in support of your security clearance application, and preparing opening and closing statements. Due to the complexity of the process—and the stakes involved—you will want an experienced security clearance lawyer on your side.
Representing You at Your DOHA Hearing
You will also want an experienced security clearance lawyer on your side when your hearing date arrives. Your lawyer will be able to represent you at your hearing, present your evidence and witnesses, and present arguments on your behalf as to why you are entitled to a federal security clearance.
Filing an Appeal if Necessary
Finally, if your DOHA hearing does not go your way, you will have the right to file an appeal—if you have grounds to do so. In addition to representing you during your DOHA hearing, an experienced security clearance lawyer will also be able to help ensure that you preserve your ability to file an appeal if necessary.
Schedule a Free and Confidential Consultation with a New York Security Clearance Lawyer Today
Are you interested in speaking with a lawyer about your security clearance application or denial? If so, we invite you to get in touch. To schedule a free consultation with a New York security clearance lawyer at Bell Law Group, please call 516-280-3008 or request an appointment online today.
