Guide to Finding Administrative Lawyer

What Is an Administrative Lawyer?

Administrative lawyers work in the field of administrative law, which is law pertaining to the administrative agencies of government. In practice, many administrative lawyers deal with cases concerning businesses and individuals under fire from the government’s various regulating branches. Since government administrations exist on the local, state and federal level, administrative lawyers operate at all of these levels as well.

What Kinds of Cases do Administrative Lawyers Have?

As regulatory agencies increased on the state and local level during the course of the twentieth and twenty-first century, administrative lawyers have been used in more and more varied situations. Here are a few examples of typical cases for an administrative lawyer:

• Zoning disputes

• Real estate contracts

• Regulations concerning new constructions, such as electrical or plumbing codes

• Environmental regulation compliance

• Administrative hearings before government boards such as a state Board of Medical Examiners or a state Bar

• Individual licensing disputes

• Liquor license petitions

• Worker’s Compensation

• Tax conflicts

Administrative Lawyer versus Constitutional Lawyer

Both administrative lawyers and constitutional lawyers are interested in the government’s ability to relegate its citizenry while guaranteeing them their rights. However, constitutional law is law concerned with the distribution of government power rather than its administration. Constitutional lawyers should be well-versed in both the United States Constitutional and those constitutions of its states.

How does one become an administrative lawyer?

Like any other lawyer, administrative lawyers must attend an accredited law school and pass a rigorous examination for admittance to their state bar, the Bar exam. However, since administrative lawyers may be called upon to practice in federal courts as well as state courts, additional qualifications may be necessary. For instance, the United States District Court for the Southern District of Florida requires than administrative lawyers pass an extra entrance exam to be admitted, while the United States District Court for the District of Rhode Island requires both enrollment in a course and the passing of an entrance exam.

Where do I find a good administrative lawyer?

There are thousands upon thousands of administrative lawyers active across the country, helping their client fight against unfair government regulations. Without their assistance, many small businesses would be unable to survive, so picking the right administrative lawyer may be the most important choice your or your company ever has to make. How do you do it?

• Ask people you know who you know have or you suspect may have had similar problems. Numerous business have trouble complying with stringent local codes, so asking the leader of another business for advice may be a great start. Remember that past success is the best preparation for future success.

• In addition, many state bar associations also offer certified lawyer referral services. These services will ask you about your prospective case. With your answers in mind, they will then refer you to an attorney who they believe can best help you. Such services screen attorneys for a number of qualifications, so they’re often a good choice.

• Sometimes, administrative lawyers choose to advertise on TV or on billboards or in the yellow pages. Administrative law is a narrow field relative to general criminal law or personal injury law, so it shouldn’t be too difficult to choose

What should I look for in an administrative lawyer?

• Experience: Most states don’t have special certification programs to test expertise in the field of government regulations. Therefore, it’s important for you to personally make sure that your administrative lawyer has the field experience to win your case for you.

• Insurance: Having malpractice insurance is extra verification that a lawyer is legitimate. Insurance for a lawyer means that if a client chooses to later sue him or her, then the insurance company will be able to pay the client, even if the attorney personally does not have enough money to do so.

• Fees: Since many large and very successful businesses employ administrative lawyers, fees for some of them can be exorbitant. Make sure that you have a solid agreement about fees and payment before agreeing on anything with a potential administrative lawyer.

What is a State Administrative Lawyer?

Many government administrations are in fact state and not national administrations. Therefore, finding an administrative lawyer well-versed in state law, and knowing a thing or two about it yourself, can be of great benefit when in need of an administrative lawyer.
State agencies are structured similarly to a federal agency. The head of any state government agency is appointed by the governor of that state, much like the President picks the head of any federal government agency. State agencies regulate everything from water to commerce. They even take upon themselves semi-judicial functions, making changes to regulation. Sometimes these changes are too minor for actual courts to deal with; at other times, state regulatory agencies need changes to procedure too quickly to both going through judicial channels.

Often times, these agencies have their own in-house legal teams which can help them to prosecute offenders of their regulations but also to fight any challenges to their agency’s jurisdiction. Some administrative lawyers have experience both fighting against state regulating agencies and being on the payroll.

Questions to Ask Before Hiring an Administrative Lawyer

1. Are you experienced with federal, state or local law?

2. What types of cases have you tried in the past?

3. Do you have any other type of legal background (i.e. in tax law, in real estate law, or in environmental law)?

4. What has your success rate been?

5. Do you have any familiarity with constitutional law?

6. Where have you taken the bar? Can you practice law in the applicable branch of the Federal District Court?

7. Do you have have malpractice insurance?

8. What types of fees do you charge?

9. Do you have a payment plan?

10. Are you available to be put on retainer for my business?

11. How busy are you, and will you be available to meet the needs of my business?

12. Do you charge any auxiliary fees, such as paralegal fees, legal research fees, or document drafting fees?

13. Are you experienced as a state administrative lawyer?