Have you ever represented your client — agency or appellant — before an AJ without being sure of what the Board’s regulations require the parties to do? Without understanding the burden of proof on both the merits and all affirmative defenses? Without knowing the elements of a charge or defense? If so, you’ve laid a good foundation to lose the case. But you’ll make up for it at hearing, right? Not if you make frivolous objections, “argue to the jury” (since there is none) or try to make your case in closing argument. Learn the “techniques” that experienced AJs routinely see that lose cases for the parties, so you can avoid these common pitfalls in your next appearance before the MSPB.