HOW TO CUT THROUGH GOVERNMENT RED TAPE

By Fred Reilly, American Attorney and English Solicitor

Everyone hates government red tape, but few people know how to combat it. I’ve spent my entire career as an attorney navigating through the court system, administrative tribunals, regulatory agencies and state, federal and local government bodies. The purpose of this article is to explain some of the legal and practical strategies I’ve used to work with different branches of the government, achieve my objectives and be in a position to do it again another day.

1. Determine the applicable standards. This is a fundamental starting point. Government staff and officials must function within specific laws and regulations. For example, local governments (i.e., town, city or county) address zoning issues by applying the applicable zoning law. In order to effectively obtain your desired result, it pays to understand what standards will be applied as outlined in the applicable zoning law. Unless you start with the applicable standards, you’re effectively aiming at an undefined target – you’ll never hit and will look very foolish trying. In addition, someone who attempts to argue their position or case without knowledge of the applicable standards will always be at the mercy of a government staff person or official who deals with the standards on a daily basis. If you’re ever in this position, you have no one to blame but yourself.
2. Follow the applicable procedure. Government does not generally accept “ad hoc” action. To function efficiently (a highly debatable proposition), government must work in a systematic manner. In addition to knowing the applicable standards, you must follow the applicable procedure. Trying to work with government is not the time to be a pioneer and blaze a new trail. If the government procedure requires you to complete tasks A, B and C before you attempt task D, comply with the procedure even if you think there’s a better way. If you insist on being innovative or creative, expect the staff person to reject your request due to your disregard and/or noncompliance with the procedure. Although there may be a far better way, now is not the time to get the “trouble maker” label.
3. Ask for assistance. Although a government staff person can be your worst enemy, this same individual is probably another (more diplomatic) person’s closest ally. Make it a point to treat staff members with respect and understanding – most of them are simply doing the best they can under imperfect circumstances. Let’s face it, these people deal with the same issues on a daily basis. Some of their best time saving secrets are available if you simply request assistance in a civil, courteous manner. Despite the applicable standards and procedure, there are many ways to avoid potential landmines and expedite the process if you know how to seek assistance.
4. Anticipate bottlenecks and chokepoints. When in doubt, government staff and officials have a propensity to delay. From their perspective, a “better” decision can be made at a later time. For business people, delay means increased risk, complexity and expense.If you understand the applicable standards, know the procedure and have asked for assistance, you should be able to anticipate the points where the process will break down – namely bottlenecks and chokepoints. By anticipating these likely sticking points, you may be able to take action that will minimize or eliminate the potential for delay.
5. Always submit documents with a logical cover letter. I highly recommend that you submit documentation to a government agency with a logical cover letter that itemizes each individual document submitted. This practice provides both you and the staff member with a checklist of what has been submitted. Make copies of all documents and keep them in a chronological file. This may seem like an obvious (minor) point, but it is very important to keep accurate records of your submissions and be able to prove it at a later date if necessary.
6. Minimize the opportunity for things to go haywire. After working with government for more than 20 years I am not cynical, I’m simply realistic. In reality, the private sector isn’t much better. Murphy’s law flourishes within the confines of government. If it can go wrong, it will go wrong. Files get misplaced, lost, destroyed and vanish into thin air. I’ve found that one of the best ways to avoid chaos is to expect it at every turn. Conscientious follow-up is essential. Don’t make assumptions and never leave anything up to chance.
7. Don’t lay blame. Instead of losing your cool and lambasting someone you consider to be a lowly clerk or minion, always recall that this individual didn’t make the rules and he’s probably the only person capable of helping you solve your problem. My favorite analogy comes from the airline industry – many times I’ve watched as a livid passenger berates a beleaguered gate agent for a flight cancellation – when she’s the only person who can help the guy get home without taking connecting flights all over the country. After dealing with an angry idiot, all I have to do is speak with understanding and call the gate agent by her first name. Its magic and works wonders with both government staff and officials.
8. Develop rapport before you desperately need it. This recommendation is really a continuation of the previous point. A good rapport with government staff members and officials – before you desperately need it – can be invaluable. It could be the sole difference between getting a courtesy call or a violation notice. In no way am I suggesting that you act with insincerity or in a patronizing manner. Just be courteous, genuine, understanding and friendly. When a problem arises, friends try to help friends.
9. Say “thank you”. People like to be praised, especially people in government who seldom receive any positive feedback from the public. I’ve witnessed the tremendous goodwill created when the mayor or city manager publicly reads a citizen’s letter praising a municipal employee for a job well done. Everyone wins and rightfully so.
10. Pack an iron fist in a velvet glove. Despite your strict adherence with all of the recommendations in the article, you could still find yourself bogged down in a quagmire of red tape. Some government staff people refuse to help anyone. Some staffers don’t know how to help. Occasionally, you’ll encounter someone who goes out of their way to make 1,000 percent certain that you fail. For these reasons, you must be willing and able to take government to task. Challenging authority is the American way. The key is to recognize this reality from the outset and be prepared to strategically pick the time and place for your battles. When the time arrives, you may have no choice but to talk to a staff member’s superior, discuss your situation with an elected official or initiate litigation. There are many ways to get beyond a brick wall – always be prepared to find the avenue that will result in the least disruption, expense and anguish.

ABOUT THE AUTHOR

Fred Reilly’s law practice includes advising clients on international business transactions, corporations, contractual issues, real estate transactions, civil litigation and administrative proceedings.

Fred has been an attorney for more than 20 years. He is licensed to practice law in California, District of Columbia, Florida and as an English Solicitor. He has been admitted to practice before the United States Supreme Court and the United States Court of International Trade. Fred graduated from the London School of Economics and Political Science (LL.M. in International Business Law), Cumberland School of Law at Samford University (J.D. and Associate Editor of The Cumberland Law Review) and Purdue University (B.S. in Management). Fred spends time each month in Los Angeles and Central Florida. He is a member of The Beverly Hills Bar Association.

DISCLAIMER: This article and its content are intended to provide general information on legal topics and shall not serve as a solicitation for services in any jurisdiction where prohibited by law. This article is not, nor is it intended to be used as a substitute for legal advice. You should consult an attorney for individual advice concerning your own situation. Sending an email to the owner of this website, and receiving any response thereto, does not, in and of itself, create an attorney-client relationship.

© Copyright 2007 by Fred Reilly. All rights reserved.

13 SECRETS FOR PRESENTING YOUR CASE TO A GOVERNMENT TRIBUNAL, BOARD OR LEGISLATIVE BODY

By Fred Reilly, American Attorney and English Solicitor

During my career, I’ve served as an administrative hearing officer, legal counsel to municipal boards, municipal attorney and counsel to clients appearing before government tribunals, boards and legislative bodies. This article chronicles some of my presentation strategies honed over the past twenty years.

1. Understand the decision-making process. For most inexperienced people who appear before a tribunal, board or legislative body, the decision-making process is a blur. Before they know what just happened, their case has been decided and the next case is called. Your objective in presenting your case is either to present a viable solution to a problem or request specific relief. To be effective, you must understand how the tribunal, board or legislative body will make the decision in your case. Who makes the decisions? What is the decision-making process? How have similar cases been handled in the past? Is your case new, novel or controversial?
2. Dress in an appropriate manner. Respect the authority and decorum of the proceeding by dressing in an appropriate manner. If you mean business, dress like you mean business. I recommend that you avoid flashy, loud or controversial clothing – anything that could conceivably detract from the important message that you want to deliver.
3. Deliver a comprehensive presentation. Create a presentation that will inform the decision-maker(s), apply the applicable standards to the facts of your case and will logically lead to the compelling resolution you desire. Rather than discuss the advantages and disadvantages of handouts, visual aids, expert witnesses, advocacy, etc., let me simply recommend that you strive for clarity. I like to say that “I have a simple story to tell” and then tell it.
4. Present a written document? It is far beyond the scope of this article to address the format or content of a written document to be presented to the decision-maker(s). I will make two points. First, ensure that any document is consistent with your presentation strategy. People always have a knack for identifying inconsistencies and exploiting them. Second, be careful about how you distribute a written document to a tribunal, board or legislative body. Avoid giving your adversary any advantage by releasing the document too soon. Don’t allow the decision-maker(s) to lose focus on your presentation because they’re busy trying to read the document.
5. Have complete command of the standards. In making its decision, the tribunal, board or legislative body must apply a set a standards to the merits of the case. These standards are the laws or regulations applicable to your case. I highly recommend that you obtain a copy of the standards and fully understand how they will be applied. An advocate who doesn’t understand the applicable laws or regulations in his case is at the mercy of his adversary who likely deals with these same standards on a daily basis.
6. Follow the procedure. Every tribunal, board and legislative body has a set of procedural rules that govern how a case should be presented. The procedural rules are in place to ensure orderly proceedings, due process of law and just decisions. The rules can very from informal (administrative board) to very formal (judicial proceeding). Obtain a copy of the procedural rules before you begin to formulate your presentation. In addition, if you’ve never witnessed a case being presented, I highly recommend that you observe the presentation of several cases long before you ever present your own. Do not rely on Boston Legal, The Judge Judy Show or the televised Anna Nicole Smith proceedings for any pointers on how to present your case. Following these examples is one of the fastest ways to ensure that your case will be rejected.
7. Be diplomatic. There are times when you must play hardball, but not all the time. I recommend that you be diplomatic whenever possible. If you always adopt a “take no prisoners” attitude, you run the distinct risk of alienating the decision-maker(s).
8. Address the merits of your case and avoid personality issues. The body of your presentation should focus on the merits of your case. I purposely refrain from injecting personalities into the process in most circumstances. Instead of indicting individuals involved with the problem or the decision-maker(s), pay attention to how the standards apply to the facts of your case.
9. Present evidence for your position. I realize that this point is obvious, but I’ve personally witnessed many advocates who failed present any tangible evidence that supported their position. Usually, they didn’t understand either the applicable standards or the procedure. There’s an old adage among litigators – “you’ve got to give the judge something to hang his hat on.”
10. Acknowledge your weaknesses. The fastest way to undermine your own credibility is to assert that your position is 1,000 percent correct and your adversary is 1,000 incorrect. Inexperienced advocates constantly attempt this ruse. It never works because any seasoned decision-maker has seen this maneuver countless times. The decision-maker recognizes that each party’s case will likely have both pros and cons. If you fail to acknowledge your weaknesses, you empower your adversary to point them out with impunity and imply (or claim) that you have not been honest with the decision-maker. Rather than allowing yourself to be in this precarious position, I highly recommend that you acknowledge the weaknesses of your case and provide a rationale explanation for each. At the least, you remove your adversary’s ability to assert dishonesty.
11. Anticipate gray areas. Unless you’ve missed an obvious or fundamental point, there’s little shame is admitting that you don’t have all the answers. Gray areas exist. Anticipate them whenever possible and formulate an appropriate response in advance.
12. Don’t go on tangents. The decision-making process is always challenging. Do not make it more difficult by embarking on a tangent that distracts the decision-maker(s) from the merits of your case and the resolution that you seek. Similarly, don’t allow your adversary or anyone else to highjack the debate or cloud the relevant issues in your case. Successful advocacy requires focus and discipline.
13. Present a viable solution or request specific relief. It is shocking how often people completely bungle this point. Most people don’t know how to ask, so they effectively defer to the judgment (or mercy) of the decision-maker to make the decision. If your presentation is well structured, the merits of your case will lead to a logical outcome. At the strategic phase of this process, determine your desired outcome and then work backwards to build logical steps for achieving it. Strive for logic and consistency. If you’re presenting a solution to a problem, make it rationale – explain why your solution addresses the most important issues relevant to the problem. If you are seeking relief (i.e., reduction of an administrative fine), request specific relief such as asking the tribunal to “reduce the lien from $_____ to $____ provided that you pay the fine within ___ days.” Above all, this is the time to advocate in a compelling manner.
14. Ask your questions. Always offer the opportunity to clarify any points that may help the decision-maker(s) reach a sound conclusion.

DISCLAIMER: This article and its content are intended to provide general information on legal topics and shall not serve as a solicitation for services in any jurisdiction where prohibited by law. This article is not, nor is it intended to be used as a substitute for legal advice. You should consult an attorney for individual advice concerning your own situation. Sending an email to the owner of this website, and receiving any response thereto, does not, in and of itself, create an attorney-client relationship.

© Copyright 2007 by Fred Reilly. All rights reserved.