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What is Administrative Law?

The body of law and legal work that deals with government agencies is in essence, Administrative Law. Government agencies are created by Lawmakers so that these agencies, in turn, can create and implement fair and just laws enforcing regulations on all aspects of government functions. Administrative law is a diverse area of lawBroadly administrative law is a comprehensive term inclusive of varied law categories. A lawyer practicing administrative law may never be in a courtroom. Conversely, an administrative lawyer of another type might be filing legal documents and arguing with judges in a formal backdrop for the most part. There are administrative lawyers interacting with people a lot while drafting documents is what yet another type of administrative lawyers do for the most part. The only criterion is the administrative lawyer actually doing government work or working with the regulations of the government.Who practices administrative law?Government WorkersAdministrative lawyers are inclusive of public and private attorneys. Public attorneys function within a government agency with wide-ranging practice areas. Private attorneys, however, may work for a government agency as well on the basis of a contractual agreement instead of as an employee. Working on behalf of private clientsAttorneys may practice administrative law on their private clients’ behalf. They may, for example, assist a client in the navigation of administrative procedures so as to ensure they successfully make a specific claim to an agency. In consultation with a client, a formal court proceeding may be initiated once administrative remedies are depleted. An administrative law attorney might be representing a private client for the sole purpose of challenging the constitutional validity of a regulation.  Types of administrative law practiceThere are a wide variety of tasks that administrative lawyers perform with the duties varying extensively within each agency and even amongst certain duties within an agency. An administrative lawyer may typically do one or more of the following:A well-documented law An administrative lawyer might actually covert the orally accepted laws into written laws. These lawyers might have documented policies and procedures which are guidelines on executing specific aspects of the duties of an agency. If a case qualifies for hearing, a trial brief or a court motion may be prepared. When an attorney doubles up as an administrative law judge, they are empowered to draft opinions and judgments. The primary role of an administrative law attorney is drafting which might be all but one aspect of their duties.Counseling for agency leadersAs and when top officials and agency leaders plan on making rules and regulations, they require attorneys to assist them in understanding the probable impacts of their decisions. They ought to know whether courts are inclined to upholding their regulations. Administrative lawyers can assist officials to give recommended regulations the proper consideration. On proposed regulations, they can evaluate public comments as well and provide guidance to officials according to public input.Claims evaluationMost administrative agencies have preset public procedures for making claims to the agency directly which are then evaluated by attorneys for confirmation on possible provisions of the law requiring the approval of claims and the associated risks.Representing the agency at hearingsIn most administrative agencies there is an appeals process of decision-making of an agency. In the vast majority of cases, this hearing begins within the agency by an agency judge and a decision is made prior to the case reaching the judicial branch of the court. An attorney at these administrative hearings may be the mouthpiece of the administrative agency; essentially an attorney who is an employee of the agency as well. Should the case progress to the courts over and above an internal hearing, administrative lawyers represent their respective agencies in court as usual.Developing internal systems and processes of an organizationGovernment agencies require procedures for doing its work and therefore need forms, timelines and approved guidelines for their assigned tasks. Lawyers are involved to ensure that these policies and procedures are in sync with the legislative authority of the agency. They ensure that there aren’t any constitutional or due process considerations that the agency might have missed while implementing policy. What they do aids and abets the seamless functioning of their agency.  Administrative law judgeWhen an agency’s internal procedures for hearing are in place an administrative law judge hears and decides the case. These judges typically are attorneys entrusted with the vital task of listening to the evidence and making a decision.EnforcementGovernment Rules and regulations are made to be broken as they say by government agencies and inevitably, what that means is eventually someone actually violating the regulations. On instances of a violation occurring, there needs to be a procedure of identifying the violation and enforce its rules effectively. Administrative law attorneys level violation charges and pursue ways of enforcing the requirements of the agency. Challenging administrative rules and regulationsTo challenge the validity of an agency regulation a private person or corporation might want to bring a class-action lawsuit. They might even think that the agency wasn’t authorized by the legislature to form a particular regulation. Conversely, they may challenge on constitutional premise. There might be disagreements in regards to an administrative law judge’s decision and the aggrieved may intend on challenging the decision by filing a lawsuit. Regardless of the circumstances, be it a  person or corporation they typically hire their own administrative law attorney. Legal pleadings, presenting evidence and making arguments in a court of law on behalf of their clients. ?Contact 7604047601 to consult with our registered expert administrative lawyers on Vidhikarya.

Posted By

Avik Chakravorty

17 hours ago

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Why Advertising their services is a no-no for Lawy...

In a public notice, the Bar Council of Delhi recently announced that recalcitrant lawyers violating the rules and regulations of the Bar Council would face prosecution under the Advocates Act, 1961. The Bar Council of Delhi publicly announced that notices of misconduct were issued to lawyers found to have published social media advertisements inclusive of Facebook and WhatsApp. The notice mentioned that lawyers violating or flouting Bar Council rules would face prosecution under the provisions of The Advocates Act, 1961.What is the problem with lawyers advertising their services?According to the rules and regulations in India, advocates are disallowed by publicizing their services. The Advocates Act, 1961’s subsection 1(c) of Section 49 of General power of the Bar Council of India authorized to make rules also empowers the Bar Council of India to create and implement Rules on the standard of professional conduct and etiquette that advocates ought to follow and indeed abide by.Clause 36 under Section IV which is essentially about Duty to Colleagues of the Standards of Professional Conduct and Etiquette that advocates ought to abide by as laid down by the Bar Council of India states that advocates should not be soliciting work or advertising either in a direct or indirect manner through circulars, ads, touts, communicating personally, interviews, giving or organization newspaper comments or obtaining photograph for publishing in regards to cases concerning the lawyer.Besides, the lawyer’s sign-board or name-plate should be of an appropriate size. The sign-board or name-plate or stationery should not mention that he is or was President or Members of a Bar Council or of some Association or that the lawyer was attached to any person or organization or with a particular cause or matter that the advocate may have the sp[ecialization in or the other exception to the rule being the lawyer is a former judge or an Advocate-General.An advocate who circumvents these Rules is liable to be prosecuted under Section 35 of The Advocates Act, 1961. Based on this Section sweeping powers including reprimanding or suspending the advocate from practice for a fixed period, removing the advocate’s name from the state roll of advocates and last but not the least, dismissal of the complaint have been granted to a State Bar Council. Click here to consult with registered expert advertising lawyers on Vidhikarya.

Posted By

Avik Chakravorty

1 day ago

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Mohit Dhingra

(See Reviews)

Experience

: {{lawyerExperience}}

Designation

: Advocate

Practicing Court

: Lucknow District Court

Location

: Uttar Pradesh, Lucknow

State Bar Council

: Uttar Pradesh

Reviews & Ratings(View Reviews)

I deal in various legal fields such as Consumer Matters, Labour and Employment Matters, EPF & ESI Registration, Trademark Registration, Labour Registration, FSSAI License, Cheque Bouncing Matters, Legal Notices, ISO Registration, and Civil Disputes

Professional Summary

We are providing a legal services like:-

1) Consumer Matters;

2) Labour Court Matters;

3) Trademark Registration and Infringement Cases;

4) Taxation - ITR Filing, GST Registration & Filing, NGO & Trust Registration

5) EPF & ESI Registration 

6) FSSAI Registration 

7) Labour Registration - Contract Labour, Shops & Establishment, Beedi & Cigar.

8) ISO Registration 

9) Civil Dispute Matters as well as Criminal Matters

10) Section 138 of N.I.Act

Expertise In

Primary Expertise

Category Experience(in years) Cases Remarks
Intellectual Property, Copyright, Patent, Trademar 2 years 85 85+ Cases of Trademark
Cheque Bounce 2 years 60 60
Consumer Protection 2 years 100 Deal in District Consumer Forum as well as State Commission
Landlord and Tenant 2 years 78 Any type of disputes
Outsourcing Agreement/Laws 1 years 130 Deal in various sectors regarding Outsourcing Work
Employment and Labour 2 years 167 Employment and Labour Law - Payment of Wages, - Workmen Compensation Act, - Working Journalist Act, ... Read More
Registration 2 years 200 Trademark Registration, FSSAI Registration, EPF & ESI Registration, ISO Registration, Import Export ... Read More

Secondary Expertise

Expertise In

Intellectual Property, Copyright, Patent, Trademar

Experience 2 years

Number of Cases 85

85+ Cases of Trademark

Cheque Bounce

Experience 2 years

Number of Cases 60

60

Consumer Protection

Experience 2 years

Number of Cases 100

Deal in District Consumer Forum as well as State Commission

Landlord and Tenant

Experience 2 years

Number of Cases 78

Any type of disputes

Outsourcing Agreement/Laws

Experience 1 years

Number of Cases 130

Deal in various sectors regarding Outsourcing Work

Employment and Labour

Experience 2 years

Number of Cases 167

Employment and Labour Law - Payment of Wages, - Workmen Compensation Act, - Working Journalist Act, and many more

Registration

Experience 2 years

Number of Cases 200

Trademark Registration, FSSAI Registration, EPF & ESI Registration, ISO Registration, Import Export Code, MSME Registration

Practicing Court Name

Lucknow District Court

District Court

CJM Court

Chief Judicial Magistrate

Family Court

Family Court

AFT

Tribunal

Lucknow Bench

High Court

Labour Court

District Court

CGIT

Others

Educations

LL.B

H.N.B. Garhwal University

Other Info

No. of juniors with me

2

Size of my team

5

No. of intern work per year

5

External Links

Client Testimonials

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