Lawyers Lobbying Lawmakers
| Publication year | 1989 |
| Pages | 217 |
1989, February, Pg. 217. Lawyers Lobbying Lawmakers
Lawyers critique and apply the law every day, yet seldom do they use their special skills and knowledge to help shape legislation. Lawyers commonly encounter frustrations with statutes, often muttering, "This statute makes no sense." Not only are some statutes difficult to comprehend, but a law may fail to implement the policy goal intended. Lawyers then must explain to clients that a statute restricts their client's intended actions or fails to provide legal guidance for such action. Lawyers may feel they cannot remedy these situations, but they actually can influence legislation.
A lawyer's special understanding of how statutes affect individual and business conduct can benefit and enlighten a legislator's perspective. This article describes the types of lobbying techniques and strategies used by many diverse interest groups by discussing (1) the legislative environment and the general attitude of individual legislators; (2) legislative procedures; (3) effective means of communicating with legislators; (4) suggestions for presenting arguments to a legislative committee; and (5) the steps to initiate successful legislation.
Lawyers preparing for a trial or to close a business deal know that understanding the opposition is usually the key to success. However, many lawyers lack knowledge of the events which take place at the Capitol and the pressures which determine legislative decisions.
While it may sound altruistic, most legislators run for office to help people and to improve the state of Colorado. Legislators are empathetic and caring people who want to solve problems. Each legislator wants to do "what is right," as defined first by the voters in his or her district, next by his or her colleagues and finally by the interest groups whose lobbyists frequent the Capitol. The interplay of each of these factors determines virtually every decision.
Legislators make the law, but very few are lawyers. In the Fifty-seventh General Assembly, 4 of 35 Senators and 15 of 65 Representatives are lawyers. Therefore, most legislators do not make decisions based on technical legal principles, but on broad policy.
Even though the legislature may plod for years to resolve certain issues, the daily legislative pace is hectic. In 1988, the voters approved constitutional amendments limiting each legislative session to 120 days and requiring every bill to receive a committee hearing and vote. The legislature must now do more work in a shorter period of time, resulting in an even faster pace. Every day legislators make decisions and vote on issues which may range from control measures for the Russian wheat aphid to sweeping changes in tax policy. Legislators hear from different groups on many issues and will listen to these voices. If legislators do not hear from an impacted interest group, they will take this silence as acquiescence.
In contrast to the protracted procedural maneuvers which may characterize the litigation process, legislators may act quickly to reach agreement on a specific issue. Because time is usually of the essence, legislators seek to get to the heart of a matter and approach communication with the hope of finding ready solutions and compromises. Negotiation is direct and rapid. The multiplicity of issues and speed of the process leaves legislators with little time to verify facts communicated by lobbying groups, facts upon which the legislator must base his or her decision and, perhaps, reputation. Therefore, trust and credibility are crucial. Any lobbyist, interest group or legislator who lacks these traits will also lack success.
Just like the courtroom, the legislature has its own rules of procedure. Lawyers who fail to follow and understand these rules and the bill process may miss key opportunities to influence a bill.
Legislative Legal Services, a nonpartisan staff of attorneys employed by the legislature, drafts all bills and usually key, lengthy amendments. These attorneys review areas of policy changes as requested by the bill sponsor, locate the proper section on the statutes, and put the idea into statutory language and bill form. Each bill has a sponsor in the House and the Senate who is primarily responsible for presenting
the bill, gathering votes and negotiating compromises. Prior to introduction, other members may sign on as...
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