Beginning To Represent Or Advise A Client Before An Agency

• Jurisdiction: Maryland

III. BEGINNING TO REPRESENT OR ADVISE A CLIENT BEFORE AN AGENCY

A. Starting Out

When a client comes to you with a problem with an agency, it is important to understand that the client may likely already be "behind the eight-ball," and so are you. Odds are that the agency has already acted or indicated its intention to act adversely to your client, and such actions or intentions typically carry a large presumption of correctness. Moreover, if your opposition is likely to be the agency's counsel, you are almost certain to be facing an adversary who is far better acquainted not only with the substantive law, but also with the agency's practices, than you are. So you will probably have to learn a great deal, and quickly.

B. The Need for an Attorney

Unfortunately, it is all too frequent that the attorney becomes involved in administrative controversies after the agency has already produced "final" quasi-legislative or quasi-judicial action. One sad aspect is that for the majority of cases, the challenge may well be...