Administrative Law Work - Part II: Building Your Law Practice

... More importantly for your purposes, administrative law is everywhere. When your family and friends are not asking for free legal advice about divorce and child custody, they will be asking for advice about some notice a government agency has sent them. Between the feds, the states, and the local governments, there are rules, regulations, and public policies governing virtually every aspect of our lives. Most of these deal with the flow of tax money between government agencies and from the government into the hands of private interests. Occasionally individual citizens can get a slice of the pie, such as through entitlement programs like Medicaid, TEA, Food Stamps, and child care vouchers. The questions then become, “How can I become eligible for public money for myself, my child, or my business? And once I am eligible, how can I make sure I stay eligible? And if the government tells me I am not eligible, how can I appeal and win?” To answer these questions, everyone from welfare mothers to corporate executives looks for legal counsel. And most lawyers simply do not know enough administrative law and public policy to provide answers quickly, efficiently, and effectively.

For the solo or general practitioner, administrative law could provide as much bread and butter as domestic relations. Elder law practice is a booming business in the AR, with few practitioners trying to serve a growing number of clients—individuals and families with modest resources looking for legal ways to become eligible for public benefits without bankrupting the family legacy. An attorney stuck in a litigation frame of mind will expend unnecessary time and resources fighting red tape and filing appeals. When these attorneys lose, they blame the administrative process and assume it must be biased against outsiders. Meanwhile a savvy administrative practitioner can navigate the rules and policies successfully with a fraction of the effort. Medical providers are another source of income, as these small and mid-sized businesses may need frequent legal consultation and occasional representation when their Medicaid claims get denied.

There are endless opportunities to focus a small portion of your practice on some administrative specialty to ensure a steady source of income during even the leanest times.