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Part 1, Section 4: Right of Counsel to Appear

Part 1, Section 4: Right of Counsel to Appear

Every party may be represented by legal counsel or by a REALTOR® of their choosing (or both). The role of counsel (whether legal or otherwise) includes the making of opening and closing statements on behalf of the party represented, examining and cross-examining witnesses, and introducing affidavits, documents, and other admissible relevant evidence, but does not include testifying as a witness unless the panel determines such testimony is essential to ensure due process. REALTORS® providing such representation are cautioned to avoid the unauthorized practice of law. In the event parties do not give fifteen (15) days’ notice of their intention to have counsel to the Board and all other parties, including counsel’s name, address, and phone number, the panel shall take all steps, including continuance of the matter, if necessary, to guarantee the rights of all parties to representation by counsel. Where an ethics hearing takes place in a respondent’s absence, the respondent is still entitled to be represented by counsel. The tribunal may have legal counsel present to advise it on issues of procedure and law. The presence of Board legal counsel during executive session is a matter of local Board discretion. The role of Board legal counsel during a hearing is to provide procedural and legal guidance as requested by the Chairperson or by panel members. Board counsel is not a part of the Hearing Panel and may not take an active role in the conduct of the hearing, including examination or cross-examination of the parties or their witnesses. If Board legal counsel believes an action or procedure is inconsistent with the Board’s established procedures or may result in potential liability to the Board, counsel’s concerns should be communicated to the Chairperson of the Hearing Panel and the Chairperson shall make the final decision. (Revised 5/99)