What is Administrative Law?
Administrative law is the branch of law that governs the actions of government agencies. It’s about how government boards, commissions, and agencies make decisions. This includes everything from creating rules and regulations to holding hearings and enforcing regulations.
Administrative law touches almost every part of modern life. Think about environmental rules, healthcare, finance, and even public safety – administrative law is at play. Government agencies create thousands upon thousands of rules every year, so understanding how it all works is key for businesses, individuals, and organizations that deal with the government.
So, what is an administrative lawyer? These attorneys help people navigate the complex world of government regulations. They might work for the government itself, helping agencies create and enforce rules. Or, they might represent businesses or individuals who are dealing with government agencies. This article explores the basics of administrative law, the role of administrative lawyers, career options, and how to better understand the ins and outs of this legal field.
What is administrative law?
Administrative law is the set of rules and regulations that govern the activities of administrative agencies of government. These agencies, at the federal, state, and local level, wield significant power, and administrative law exists to ensure they act fairly, reasonably, and within the bounds of the law.
Core Principles
Administrative law rests on several core principles:
- Delegation of Authority: Administrative agencies get their power from legislative bodies like Congress or state legislatures. These bodies delegate specific authority to the agencies, usually within defined boundaries.
- Rulemaking: Agencies create regulations through a process that includes public notice and comment periods, as required by laws like the Federal Administrative Procedure Act (APA). These regulations are legally binding.
- Adjudication: Agencies resolve disputes through administrative hearings, which are similar to court trials but with their own rules of evidence and procedure.
- Judicial Review: Courts can review agency actions to ensure they follow the law and don’t violate constitutional rights.
Key Sources of Law
The main sources of administrative law include:
- Federal Administrative Procedure Act (APA): This act sets uniform procedures for federal agencies when making rules and deciding cases.
- State Administrative Procedure Acts: Many states have their own versions of the APA that apply to state agencies.
- Case Law: Court decisions that interpret administrative statutes and regulations also shape administrative law.
What does an administrative lawyer do?
Administrative lawyers play a variety of roles, depending on who they represent. Here are some of the tasks they might perform.
Regulatory Counsel
An administrative lawyer might counsel governmental agencies or private businesses on regulatory compliance.
- Drafting regulations: Administrative lawyers can help draft new regulations or review proposed ones, ensuring they’re clearly written, consistent with the law, and based on solid evidence.
- Counseling agency staff: An administrative lawyer might provide legal advice to agency staff, helping them understand how to interpret and apply regulations.
- Commenting on regulations: Administrative lawyers can also draft and submit comments on proposed regulations, advocating for a client’s interests or suggesting ways to improve the rules.
Litigation and Dispute Resolution
Administrative lawyers can be involved in disputes and litigation.
- Participating in administrative hearings: Administrative lawyers represent clients in hearings before administrative law judges or agency boards.
- Challenging or defending agency action: They might litigate cases in court, either challenging or defending the decisions an agency has made.
- Prosecuting or defending regulatory violations: Administrative lawyers can represent agencies or individuals in enforcement actions when someone is accused of violating regulations.
Investigation and Oversight
Administrative lawyers can also be involved in investigations and oversight.
- Conducting investigations: They might investigate potential violations of laws and regulations.
- Ensuring compliance: Administrative lawyers often advise clients on how to meet complex regulatory requirements.
Navigating administrative tribunals and judicial review
Administrative lawyers spend a lot of time working with administrative tribunals and, when necessary, guiding clients through the judicial review process.
Appearing before administrative tribunals
An administrative lawyer can represent you before an administrative tribunal. This would include preparing evidence, presenting arguments, and making sure you understand the tribunal’s processes.
Administrative tribunals are similar to courts, but they have their own principles and processes. They tend to be more specialized, focusing on particular areas of law.
Judicial review of administrative tribunal decisions
If you decide to appeal an administrative tribunal’s decision or seek judicial review, an administrative lawyer can guide you through the process, making sure you understand the applicable standards of review.
The standard of review is important because it determines how closely a court will look at an agency’s decision. The review can range from a de novo review, in which the court completely re-evaluates the case, to complete deference to the agency’s expertise.
Why work in administrative law?
Administrative law is a great option for lawyers who want:
To do important, high-quality work
A career in administrative law means a career in public service. Administrative lawyers advocate for the public good and improve their communities.
To explore a variety of issues
Administrative law touches almost every area of our lives, including environmental protection, healthcare, energy, and finance. Lawyers can specialize in the areas they care about the most.
To achieve flexibility and psychological satisfaction
Administrative law offers flexibility in practice and geographic location. Plus, many administrative lawyers find the work deeply rewarding, as they’re working in service of the public.
Career opportunities in government
If you’re interested in becoming an administrative lawyer, you might find your niche in one of the many government roles that require this specialty.
Federal government
The U.S. federal government has administrative law roles in both the executive and legislative branches.
Executive branch
Several federal agencies employ administrative lawyers, including the Environmental Protection Agency (EPA), the Food and Drug Administration (FDA), and the Department of Justice. Roles in these agencies include regulatory counsel, litigators, and administrative law judges.
Legislative branch
If you’re interested in working for the legislative branch, you might find a role with a congressional committee or subcommittee focused on regulatory oversight and investigations.
State government
Like the federal government, state governments offer administrative law roles in both the executive and legislative branches.
Executive branch
Administrative law specialists can find roles in state agencies, such as state environmental protection agencies and state departments of health. State Attorneys General offices also handle administrative law litigation.
Legislative branch
State legislatures need administrative lawyers on staff to analyze and draft legislation, including administrative law statutes.
Local government
At the local level, you’ll find administrative law roles in city attorney’s offices, where lawyers advise city agencies on legal matters and represent the city in litigation.
Other local agencies, such as planning departments and zoning boards, may also employ administrative lawyers.
Non-governmental career opportunities
While many administrative lawyers work in government, there are also opportunities in the non-profit and private sectors, as well as in non-legal roles.
Nonprofits and Associations
Nonprofit organizations and associations often need administrative lawyers to advocate for specific policy positions and participate in administrative law proceedings. Public interest law firms may also represent clients in administrative law cases.
Private Sector
In the private sector, companies in regulated industries such as healthcare, finance, and energy need administrative lawyers to advise them on compliance matters. Many large law firms also have administrative law practices that represent clients in regulatory matters.
Non-Legal Career Opportunities
A background in administrative law can also open doors to policy-related positions at think tanks, advocacy groups, or government agencies. These roles may involve research, analysis, and advocacy related to administrative law issues, even if they don’t involve practicing law directly.
So, whether you’re passionate about public service, private enterprise, or shaping policy, a background in administrative law can provide a solid foundation for a variety of fulfilling career paths.
Preparing for a career in administrative law
If you think you’d like to pursue a career in administrative law, here’s how to prepare yourself.
Building skills and assets
A few key skills and assets can help you succeed in this field:
- Writing skills. You’ll need to be a strong writer to draft regulations, briefs, and legal memos.
- Academic record. A strong academic record can show that you have solid analytical and research skills.
- Substantive background. It can be helpful to develop expertise in a specific area of administrative law, such as environmental or healthcare law.
Gaining experience
There are a few ways to get some experience in administrative law while you’re still a student:
- Internships. An internship with a government agency, nonprofit, or law firm can give you valuable real-world experience.
- Research assistantships. Working as a research assistant for one of your professors can help you hone your research and writing skills.
- Clinics. Participating in law school clinics focused on administrative law can give you some hands-on experience.
Networking
Networking can help you find a job after graduation.
- Professional organizations. Joining professional organizations, such as the American Bar Association’s Administrative Law Section, can help you meet other lawyers in the field.
- Alumni connections. Connecting with alumni who work in administrative law may give you some insights into the profession and lead you to job opportunities.
Summary
Administrative law is a crucial part of how our government works, governing the relationship between citizens and government agencies. It has a hand in everything from environmental rules to healthcare regulations, so it touches almost every aspect of our lives.
If you’re looking for a career that’s intellectually stimulating and offers opportunities to serve the public good, administrative law might be a good fit. The field offers many possibilities for professional growth and development.
Whether you’re a citizen navigating government processes, a business operating in a regulated industry, or a student considering a legal career, understanding administrative law is essential. If you’re interested in this field, look for opportunities to gain practical experience, such as internships or clerkships. Building your professional network and staying informed about changes in administrative law and regulations are also crucial for success.
Administrative law is a dynamic and evolving field, and it plays a vital role in ensuring fairness, transparency, and accountability in government. By understanding its principles and staying informed about its developments, you can be a more effective advocate for your interests and contribute to a more just and equitable society.