When the EEOC issued its initial decision in Annalee D., finding that agency attorneys overstepped their authority by assisting management officials in the pre-hearing EEO process, it stoked an already-heated dispute over counsel's involvement in the pre-hearing process. The EEOC subsequently reconsidered its decision, concluding that it had mischaracterized counsel's conduct as egregious and finding that agency counsel may assist management officials and witnesses in the preparation of their affidavits during the investigative stage. However, the decision was narrowly decided, leaving many questions about the proper role of agency counsel in the EEO process. Mr. Gilbert and Mr. Rosenblum will explore what constitutes permissible conduct by agency counsel from government and plaintiff perspectives, taking into account both legal and ethical restraints.