What Does Administrative Law Entail?
Administrative Law, at its core, is the body of law that governs the activities of administrative agencies of government. These agencies are tasked with the very important responsibilities of developing and enforcing rules and regulations that, in turn, have the power to affect the rights, duties, and privileges of citizens.
The scope of Administrative Law demarcates the boundaries on the scope of Administrative Agency Action. Administrative Law is also the body of law that governs the actions of administrative agencies when they enact rules and regulations, adjudicate issues , and make decisions. Administrative Law is a specialized area of the law that involves complex legal standards. Administrative Law governs the entire process by which regulatory agencies make and enforce rules and regulations. Administrative law addresses the legal principles governing the administration and regulation of government agencies (federal, state, and local). This area of law concerns the rules and regulations created by administrative agencies, as well as the actions of administrative agencies as they perform their regulatory duties. An Administrative Lawyer may also be called an Administrative Attorney.
Duties of an Administrative Law Attorney
The primary function of an administrative law lawyer is to act as an intermediary between their client and the relevant government agency, providing direction and knowledge of the various administrative laws and regulations applicable to their client’s situation. All states set out rules under which their state agencies must operate, with some establishing their own agencies and other sharing their powers with federal agencies.
Administrative law governs all activities of a governmental administrative agency. Administrative agencies have the authority to oversee regulation, adjudication, or enforcement in their assigned areas of government. Commonly known administrative agencies include boards and commissions, departments, offices, service commissions and regulators. Federal agencies, such as the Federal Trade Commission and the Environmental Protection Agency, manage various business operations affecting the public at large. State and local governmental entities, such as the Department of Transportation or local housing commissions, are established for the same purposes in their local jurisdictions.
The particular role played by each administrative law lawyer will also vary as the representation required hinges on the specific nature of the involvement of the client. Administrative law lawyers represent and advise their clients in matters dealing with government regulations, interpretation of statutes, and procedures before the agency. Among the common activities of administrative law lawyers include settling claims, performing investigatory duties, overseeing the compliance of provisions set forth in regulations and existing case law, and participating in hearings, including preparing and presenting evidence and witnesses.
The administrative law process begins when the agency takes action against a client. Some examples include providing proof of inability to work, proving the validity of a legal argument, or providing testimony at a hearing. Administrative cases generally do not involve juries or have pre-trial hearings and the burden of proof generally falls on the client.
An administrative law lawyer can represent you in the following types of matters: Administrative law lawyers often work as defense attorneys for a county, city, or state. An individual can retain an administrative lawyer for other legal services, including consultations, at any level of the government.
Types of Cases Handled by Administrative Attorneys
In addition to the usual avenues of representation for licensees, they are often up against the bureaucracy of administrative law and must seek the counsel of an administrative law lawyer. Administrative law attorneys are well-suited to handling licensing and regulatory matters, including administrative appeals. Some of the most common types of cases that administrative law lawyers handle include:
- Licensing problems pertaining to their profession or trade. Many administrative law lawyers do work with colleagues who are engineers, doctors, and even accountants. This includes disciplinary actions for alleged professional misconduct or ethical wrongs.
- Regulatory issues. While an engineering firm or a hospital may have a general counsel whose focus is on corporate law, a regulatory issue arises directly from the regulation of certain industries and trades on the state level. This includes licensing requirements for contractors, commercial drivers, chemical suppliers and even real estate professionals. This can also include safety standards and health code requirements.
- Making appeals to state or federal agencies. Sometimes it is necessary to challenge an administrative decision made by an agency in a trial-type hearing or an appeals process. A property owner may wish to appeal a tax matter, or an airline attendant seeks a back pay award before a state labor board. The administrative appeal processes are typically not lengthy and have a set time frame with deadlines for appeals to be made.
Administrative Law Skills and Expertise
An administrative law lawyer must possess a diverse set of skills and qualities to be successful in this multifaceted field. First and foremost, strong legal research abilities are essential. Administrative laws can be complex and intricate, thus a lawyer in this field must have the capacity to navigate and interpret them accurately. Keeping updated with the latest regulatory changes, guidelines, and administrative rules is vital to provide relevant and accurate legal counsel to clients.
Moreover, negotiation skills play a crucial role in administrative law practice. Whether dealing with regulatory agencies or negotiating settlements with opposing parties, the ability to effectively negotiate can lead to favorable outcomes for clients. This also involves an understanding of how rules and regulations are enforced and how to advocate effectively on behalf of clients in various forums.
Further , expertise in a specific sector or industry can be immensely beneficial in administrative law. For example, a lawyer specializing in healthcare administrative law may need extensive knowledge about healthcare regulations, compliance issues, or healthcare fraud and abuse laws.
In addition to technical skills, soft skills such as communication, critical thinking, and problem-solving are equally important. Administrative law lawyers often serve as intermediaries between their clients and government agencies and must be able to clearly articulate complex legal concepts and regulations in a manner that clients can easily understand. Furthermore, the ability to think critically and strategically is crucial for evaluating the implications of administrative actions on their clients, and for providing sound advice and recommendations.
Overall, the right blend of these essential skills and qualities can distinguish a successful administrative law lawyer.
Selecting the Appropriate Administrative Law Attorney
When selecting an administrative law lawyer, there are various factors to consider. These factors include the following:
Experience
Finding an attorney with hands-on experience in administrative law is critical. Every state, board and agency has their own legal jargon as well as procedural rules. Experienced attorneys have handled hundreds or thousands of cases before administrative boards and agencies and will know how to achieve the best outcome for you.
Reputation
Lawyers build their reputations in the community by providing excellent legal services. People talk and barring any circumstances that could otherwise devastate a law firm’s reputation, a good law firm will have a great reputation. Ask your lawyer what his or her reputation in the community is. This will give you a good sense of what to expect.
Track Record with Government Agencies
Every agency or board has a small number of criminal defense lawyers they trust to represent their parties fairly. If your lawyer has previously represented and been approved by a board or agency for a license, this is a positive mark on their record. It means your lawyer knows the process and can help you obtain the best outcome possible.
The Future of Administrative Law
As with many aspects of the law, administrative law is subject to change, both from a practical perspective and from the perspective of new laws and new governance. In the past, administrative courts, or tribunal courts, did not have the ability to properly address the challenges arising from an increasingly technologically based society. As a part of the good governance agenda, it is essential that administrative courts be equipped to properly address the new challenges.
There are a few key areas of future growth for administrative law lawyers: Administrative law lawyers must continue to keep this in mind. As new laws are introduced , such as the PIPEDA, administrative law lawyers must focus on technology issues such as evidence protocols for gathering data and new tribunals to deal with the increased number of privacy issues. Changes to statutes governing many industries and professions will make the job of administrative law lawyers easier or more difficult. Some new laws spell out better review processes, protections for civilians, and other safeguards. However, it also means new procedures to learn and understand.