UNEMPLOYMENT INSURANCE - HEARING AND APPEAL - CASE NO. 2

Of course, even if an attorney's notes of the hearing are perfect, I believe an attorney should always choose to inspect the written transcript so that the statement of appeal can refer to specific statements and evidence on the written transcript. The issue is whether and how the attorney should arrange for inspecting and copying the minutes. Copying the minutes involves picking up the written transcript at the ALJ office, having it copied, and returning the original to the ALJ office.

The options are as follows:

1. Should Claimant just have the attorney inspect the written transcript? If the attorney cannot incur the cost of copying, inspection of the minutes will involve time being spent by the attorney inspecting and reviewing the transcript and making notes.

2. Should Claimant have the attorney incur the cost of copying the written transcript? If the attorney can incur the cost, the attorney should copy the minutes.
But since the attorney's fee is contingent on a successful case, as per the Appeals Board rules, no fees have been paid to the attorney so the attorney has to decide whether or not the attorney can advance the cost of copying the minutes.

3. Should Claimant arrange to pick up the written transcript, have them copied, and delivered to the attorney so that the attorney has a copy to refer to during the preparation of the statement of appeal? Again, this will involve the Claimant picking up the written transcript at the ALJ office, incur the costs of having it copied, returning the original to the ALJ office and then delivering a copy to the attorney.

The written transcripts, here in NY, are on 81/2x 14 inch paper. In this case, there were around 300 pages of written transcripts.