Advisor of Choice

From the point a Formal Complaint is made, and until an investigation, adjudication, and appeal are complete, the Complainant and Respondent will have the right to be accompanied by an advisor of their choice to all meetings, interviews, and hearings that are part of the investigation, adjudication, and appeal process. The advisor may be, but is not required to be, an attorney.

Except for the questioning of witnesses during the hearing specified in Section XVII.A.5, the advisor will play a passive role and is not permitted to communicate on behalf of a party, insist that communication flow through the advisor, or communicate with Goldfarb about the matter without the party being included in the communication. In the event a party’s advisor of choice engages in material violation of the parameters specified in this Section XX and Section XVII.A.5, Goldfarb may preclude the advisor from further participation, in which case the party may select a new advisor of their choice.

In the event a party is not able to secure an advisor to attend the hearing specified in Section XVII.A.5, and requests Goldfarb to provide an advisor, Goldfarb will provide the party an advisor, without fee or charge, who will conduct questioning on behalf of the party at the hearing. Goldfarb will have sole discretion to select the advisor it provides. The advisor Goldfarb provides may be, but is not required to be, an attorney.

Goldfarb is not required to provide a party with an advisor in any circumstance except where the party does not have an advisor present at the hearing specified in Section XVII.A.5 and requests that Goldfarb provide an advisor.