Effective Administrative Representation: A Judge’s View

• Know the law and understand the issues. Read the hearing notice sent to your client. This is the procedural due process document that governs the hearing. The issues listed in the hearing notice will be considered at the hearing. Normally neither the agency nor your client may raise other issues without a waiver of notice. Understand the basic framework of the governing law. For example, the preamble to the California Unemployment Insurance Code states that unemployed people are entitled to benefits if they lost their job through no fault of their own. A preamble often lays out the most fundamental and important elements of a prima facie case.
• Investigate and test the facts. Administrative hearings are generally scheduled on short notice. You have to be prepared to do the best you can in most circumstances: most administrative agencies frown on continuances. Prepare your client by testing the client’s testimony. Do not accept at face value statements or versions of facts that strain common sense or perception. Ask your client difficult questions. Do not be surprised at the hearing.
• Attend a hearing to familiarize yourself with the judge’s procedure. This will alleviate any anxiety that you or your client may have. Note if the judge questions first (many do). Does the judge want oral argument or prefer a letter brief? Are there any procedures that seem specific to the administrative law judge? Check with your colleagues to get tips and suggestions on appearing before specific judges.
• Show empathy for your client. Do not distance yourself from your client if your client’s version of facts strains common sense despite preparation. The judge should be impressed with your belief that the client has the right to the appeal and to be heard.
• Courteous behavior almost always will win the day. Administrative law judges spend a lot of their time trying to keep the proceedings somewhat formal and the record for appeal legally understandable. Do not hinder this effort. Be effective by being organized, succinct, and understated.

Susan L. Bloom

Susan L. Bloom, who was a legal services lawyer, is an administrative law judge, California Unemployment Insurance 

Appeals Board, Oakland Office of Appeals, 1515 Clay St., Suite 902, Oakland, CA 94612; 510.622.3900; susanb@cuiab.ca.gov.

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