Security Clearance Lawyer
unmatched experience.
keep your clearance.
About us
Korody Law maintains a nationally recognized security clearance law practice focusing on defending DoD contractors, government civilians, and military members facing revocation, denial, or suspension of a security clearance.
our team
The Korody law Team is composed of retired and former Navy and Marine JAG officers who have more than 70 years combined military experience. We are the trusted law firm for national security law cases.
Security Clearance Case Consultation
Let Korody Law provide you a case consultation.
If you have a Letter of Intent or Statement of Reasons from the Defense Counterintelligence and Security Agency (DCSA) (formerly the Department of Defense Consolidated Adjudications Facility (DoDCAF)) or other government adjudicating official, we do not charge for a consultation fee.
FLORIDA'S TOP SECURITY CLEARANCE LAW FIRM
Don’t just take our word for it
Why Trust Korody Law with your clearance case?
A Google search will yield all types of law firms soliciting your security clearance case. Most of these attorneys have no prior intelligence community or Department of Defense experience. Many law firms will have your case entirely handled by a paralegal despite you paying a significant fee so you could have an attorney! At Korody Law, you will work directly with a former JAG lawyer to prepare your security clearance case.
Korody Law is led by Patrick Korody, a former active duty Navy JAG and federal prosecutor with over 20 years of military service. We understand the stakes. We understand the National Security Guidelines. And we know how to win.
Our clients benefit from:
Deep knowledge of security clearance adjudicative guidelines
Strategic defense planning tailored to your issues and background
Responsive and professional at a fair price
Experience before DOHA security clearance judges and personal appearance hearings at all federal agencies
What is a Security Clearance?
A security clearance is an official determination that an individual may access information classified by the United States Government. Security clearances are hierarchical; each level grants the holder access to information in that level and the levels below it. The clearance process requires a background investigation and the signing of a nondisclosure agreement. Access to any particular piece of information requires “need-to-know.” In some cases, this requirement is only nominal, as some classified information is widely published on secure networks. In other cases, there is a formal need-to-know determination.
“I was at risk of losing my Security Clearance and brought my problems to Mr Korody. He gave me hope when I had very little and followed that with positive results. Mr Korody is a TRUE PROFESSIONAL with the right amount of personal concern. He was always available for me and my wife. He spent adequate time with me and prepared an excellent case. He kept me included in the process leading up to my Hearing which helped to keep me occupied rather than sitting in worry. In the courtroom I was very glad that he was representing me. I felt that I was in good hands. I don’t believe that I would have had a favorable outcome without Mr Korody’s experience.”
– Retired E-7; Federal Contractor
What is DOHA?
DOHA is the Department of Defense Office of Hearings and Appeals. DOHA is the DoD office that employs and manages the appeals process for all DoD security clearances. DOHA employs the security clearance judges. DOHA also employs the Department Counsel, who present the case to deny or revoke a security clearance to the security clearance judge at the hearing.
What is DCSA and DISS?
DOD’s Defense Counterintelligence and Security Agency (DCSA) replaced the Department of Defense Consolidated Adjudications Facility (DOD CAF) and handles all facility and personnel security clearances. With regard to security clearances for personnel, it is tasked with making the initial determination regarding a security clearance application – to grant the clearance or issue a Statement of Reasons/Notice of Intent to Deny a clearance. Prior to DOD CAF (and now DCSA), each military branch and DOD maintained their own CAFs. DCSA now is responsible for reviewing security clearance applications for all military, DOD civilians, DOD contractors, and many other entities, completing background investigations, and adjudicating clearances.
DISS is the Defense Information System for Security. It replaced JPAS, the Joint Personnel Adjudications Systems, as the primary database regarding security clearances. DISS can be accessed by local security managers to determine a clearance holders status. DISS is also the mechanism by which security clearance managers submit incident reports and other information to DCSA for adjudication.
What is a Statement of Reasons?
A Statement of Reasons, or SOR, is the formal notification to the applicant or security clearance holder that the DOD CAF has made a decision that granting a clearance to the individual is not consistent with the interests of national security. In other words, a SOR is the initial denial of the clearance.
In response to a SOR, the individual can appeal to the DOHA to the review the DOD CAF’s decision to deny (or revoke) the clearance. There are two ways to appeal: 1) request a security clearance judge review the case on the File of Relevant Material (FORM) or 2) request a hearing before a security clearance judge.
We highly recommend that every individual request a security clearance hearing.
What happens at a DOD Security Clearance Hearing?
A security clearance hearing actually starts well before the hearing itself. In response to the Statement of Reasons, or SOR, the individual (called the Applicant) has to admit or deny the allegations under the Security Clearance Guidelines that form the basis for the DOD CAF’s denial of the clearance. Any admissions or responses are deemed party opponent admissions and will be used at the security clearance hearing. So, if you admit, for example, that you used cocaine on several occasions in the response to the SOR, you cannot argue at the hearing that you did not use cocaine. While an individual must be truthful in responding to the SOR it is important that any defenses or mitigation be thoroughly reviewed before admitting or denying the allegations in the SOR.
There is also pre-hearing discovery. The Department Counsel is required to turn over all documents and witness information prior to the hearing. The Applicant has to do the same. The Applicant is solely responsible for gathering evidence and producing witnesses that are favorable to his or her case.
Many security clearance hearings are now virtual hearings, normally held on Microsoft TEAMS. At the hearing, the Department Counsel will make an opening statement, present documentary evidence against the Applicant, and may call witnesses. The Applicant also gets to make an opening statement, present documentary evidence, and call witnesses. All witnesses are subject to examination by Department Counsel, the Applicant, and the Judge. After all evidence has been presented, the Department Counsel and the Applicant can make closing arguments. The Applicant and Department Counsel can make legal objections throughout the hearing to argument, exhibits, or testimony.
If the Applicant has a security clearance lawyer, the lawyer makes all opening and closing statements and objections and presents the Applicant’s case to the security clearance judge.
What happens after a DOD Security Clearance Hearing?
After the security clearance hearing is complete, a verbatim transcript will be prepared within two weeks and provided to the Applicant, Department Counsel, and the security clearance judge. The security clearance judge may also leave the hearing “open” for a period of time for either side to provide additional evidence. Once the hearing is “closed”, the security clearance judge will issue a written opinion, normally within 2 to 3 months following the hearing. If security clearance judge denies the clearance, the denial will be entered into DISS and the Applicant will no longer have a clearance, even if he or she decides to appeal.
Can I appeal a denial of a DOD security clearance?
If a DOHA security clearance judge denies or revokes a security clearance, the Applicant can appeal to the Board of Appeals. The Board of Appeals is merely a small group of security clearance judges in the same office as the judge that heard the case. The grounds for appeal are very limited – it is a paper-only appeal. There is no hearing. No new evidence can be presented. The appeal is limited to whether the security clearance judge applied the correct legal standards.
Because the security clearance hearing is an Applicant’s best chance to obtain a security clearance, it is imperative that the Applicant be represented by an experienced security clearance lawyer.
What is a Personal Appearance?
A security clearance personal appearance is a formal, in-person or virtual hearing before the Defense Office of Hearings and Appeals (DOHA) or another relevant adjudicative body, where an individual has the opportunity to present their case in support of being granted or retaining a security clearance. Within DOHA, security clearance hearings for government employees or military members are called personal appearances, or “PAs”. In many intelligence community agencies where there is no right to a security clearance hearing before a security clearance judge, the personal appearance is before a panel of adjudicators and senior officials at the agency.
Don't take chances with your security clearance
Our team of lawyers has unmatched credentials. We win security clearance cases. The lawyer you talk to for your consultation will represent you throughout your case.
who We Represent
Our Mission
Don't Trust a DC Lawyer
Experience With All Adjudicative Guidelines
Common Security Clearance Issues We Handle
At Korody Law, we represent security clearance applicants and holders in all aspects of the adjudication process, including:
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Responding to a Statement of Reasons (SOR)
Responding to Interrogatories
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Guidance during a security clearance investigation
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Preparation for a DOHA hearing or Personal Appearance
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Mitigating issues related to foreign influence, financial problems, drug use, or criminal conduct
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Security clearance denials and revocations
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Appeals of unfavorable clearance decisions
Our experience includes representing active duty military, DoD civilians, government contractors, and federal employees.