STEVE MUEHLER - ADMINISTRATIVE LAW

ADMINISTRATIVE LAW HEARINGS:

Traditionally it was considered unauthorized practice of law for a Paralegal to appear in court or in front of an Administrative Agency or Tribunal to represent another. However, now there are many exceptions to this rule. Administrative Law is one practice area that permits Paralegal Representation of Clients. Many Administrative Agencies allow Paralegals to appear before their tribunals to represent the rights of individuals.

Federal Agencies have the right to permit representation by Paralegals and other lay persons in their proceedings. For example, many agencies like the Internal Revenue Service, the Immigration & Naturalization Service, the Securities & Exchange Commission, and the Social Security Administration may permit Paralegal Representation before their agencies. Some Agencies like the U.S. Patent Office require special education and certification before representation is allowed.

While many Federal Agencies allow for Paralegal Representations, many State Administrative Agencies do not allow Paralegal Representation.

Under certain circumstances, a Paralegal can appear before certain courts on behalf of their attorney employers when their appearance is more in the nature of messenger. So, court rules provide that courts may grant permission to specific individuals to appear in court on behalf of another for specific reasons.

Representation is permitted only as allowed by the state statutes and regulations of agencies.

Federal Agencies that have Administrative Law Proceedings / Administrative Law Judges: