Notice and Comment is pleased to spotlight Mary Bissell, Principal at Child Focus. Child Focus is a national consulting firm that brings together innovative people, programs and policies to help non-profit organizations, foundations, and government agencies support America's children and families. Below, Mary shares her administrative law experience and offers advice for aspiring attorneys.
1. What
is your experience with administrative or regulatory law?
Like many law students, administrative law
never had a lot of magnetism for me. I
took Administrative Law because it seemed like a class that a well-rounded lawyer
“should take,” not because it held any particular interest for me. It was only when I began working as an Equal
Justice Fellow at the Legal Aid Society of DC that I realized how administrative
and regulatory law strategies were often a more effective – and efficient – fix
for some of my clients, many of whom had already experienced years of delay
with traditional legal reform and litigation approaches. I also realized the power of economies of
scale. One change to DC public school
regulations could bring relief to dozens of the clients on my caseload – and
sometimes eliminate the need for individual legal representation altogether.
2. Where
are you working now and how has your experience with administrative law shaped your
approach to legal or policy advocacy?
As a child and family policy
advocate, my approach is based on an assessment of the fastest and more
cost-effective way to bring about lasting social change. Especially in this current Congressional
environment of partisan rancor, I find that focusing on administrative and
regulatory reforms is often the short cut to “getting things done.” And while you can also develop strong
relations over time when you lobby Congress for statutory reforms, you really
develop strong relationships with leaders in the administrative context. Strong relationships and plain dealing are
critical in achieving administrative and regulatory reforms – and often those
relationships bring rewards that last long beyond a specific proposal for
change.
3. What
led you to a career in law and an interest in administrative law?
For me, law school was not a fun or
particularly interesting experience. I
felt that the Socratic method and emphasis on litigation and debate had limited
application for me in the real world of problem solving. That being said, when I began to see the
things I learned in law school as tools (as opposed to a professional
approach), I felt more comfortable with the skills I learned as part of a
lifetime of skill building. I now teach
a class on advocacy skills for public interest lawyers. What we want our students to understand is
that every tool has its time and its place.
Lawyers can no longer afford to say, “that approach isn’t in my job
description.” You have to understand
enough about each aspect of law practice to identify where the gaps are. For me, administrative law is one of the many
tools in the tool kit. There is a time
and a place for it, just as there is a time and place to elevate an issue using
traditional and social media.
4. Do
you have any advice about “best practices” for attorneys who are preparing to
handle administrative law cases or otherwise interacting with administrative
regulations or agencies?
Effectuating lasting change is
almost always dependent on lasting relationships. You can have the best legal argument in the
world and make the mistake of alienating a key bureaucrat or other decision
maker early in your career. Build strong
relationships, be straightforward in your dealings with others, and you will
realize that success is dependent on more than a strong grounding in law and
strategy.
5. What
do you think is the biggest challenge facing administrative law practitioners?
As with all legal specialties,
lawyers often lose the forest through the trees. In my experience in the public interest, the
more “purist” administrative law practitioners have sometimes been short-sided
in their overall strategic approach. For
example, they may find the perfect legal loophole to derail an administrative
reform process, but destroy a key alliance in the process. In the short run, they have accomplished
their legal goals, but the approach is a pyrrhic victory over the long haul.
6. For
law students or new attorneys considering a career in administrative law, what
do you think would be a good way of familiarizing themselves with the field?
I am a big advocate of finding an
issue or a cause that moves you and then trying a variety of tools to determine
which ones fit your personality and life choices. I wouldn’t recommend that a student pursue a
career in administrative law or tax law or estate law right out of the
gate. Instead, find something that really
makes you pound the table, exposes you to a wide range of experiences and let
your career unfold over time. I have
always been skeptical of 22-year-old law students who know they want to spend
their entire career in one area of the law.
A lucky few may find the right match immediately, but it takes work to
figure out what you want to do when you grow up. The happiest lawyers I know are those that
take the time and have the courage to reinvent themselves on a regular
basis.
7. Outside
of the law, what are your favorite activities or hobbies?
My husband and I have two children,
11 and 13, which doesn’t leave a lot of time for hobbies (unless hobbies
include driving our kids back and forth to sports practices and games). But when I get the chance, I love to read,
work out and like nothing more than hanging out with my family and friends.
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