From the Chair

There are times when extraordinary experiences provide vivid perspective, shaking loose the ordinary routines of one’s life so that, for at least a moment, patterns emerge and weave together in a mosaic, the proverbial big picture: Life’s Lessons.

No, your Chair has not gone off the deep end and is not about to launch into a diatribe about religion or politics. But I am going to share some perspectives gained from my recent life-changing experience. In late October, I joined the other women lawyers in my firm, along with our office manager, a paralegal assistant, and a lawyer who used to be with my firm, for the 2008 Atlanta Susan G. Komen Breast Cancer 3-Day event. After six months of training and raising donations for research, your Chair walked 60 miles in three days! Day One, in particular, tested mettle: it rained all day, sometimes hard and horizontally, and was bone-chilling cold and windy. I decided it was part of the psychological plan, and a good one at that: If you could somehow push yourself and your poor pickled feet to make it through that day, the rest would be a breeze by comparison.

Interesting, but what, you might ask, does this have to do with administrative law -- don’t you see the banner at the top of the page? At first, during and even after the event, I was convinced that what I had experienced was completely new and different, totally beyond the realm of anything I had seen, felt, or experienced before. (Yet I was very determined to write about it, somehow, somewhere). The more I thought about it, the more the patterns revealed themselves: Life’s Lessons. These were not new experiences, new revelations, new lessons learned. Instead, they were new applications of the same core principles that anchor everyday life, ones I strive for every day in my administrative practice. (There!)

Lesson I: Preparation is the key; we can only learn the hard way that it is sometimes vastly underrated.

First, there must be the long-term, advance preparation: study/research/train. Pace yourself. Have a plan for how you will be ready, whether it is for an undertaking like my walking adventure, or an upcoming administrative hearing, or the next legislative session, or your Board’s next meeting.

Just as I would not consider attempting something like the Susan Komen 3-Day without training, I would not want to venture into a totally new substantive area of administrative practice without taking advantage of any training tools to learn about the area. That is why I signed up for the APD training seminar that was held at the FSU College of Law on November 14, which was the subject of a recent listserv email notice sent to section members. I urge all of you to join me in volunteering to take on some of the vast numbers of administrative cases in which needy persons need the help of administrative lawyers in assessing and resolving their claims for services and/or funding for services provided through APD to persons with developmental disabilities.

Another dimension to Lesson I is short-term, event preparation: learn what you can about the environment you will be in, and then bring the right equipment. For strolling 20 miles in cold, wet, windy weather, the lecture offered by my Boy Scout-esque husband served me well: head, hands, and feet. Well, head and hands, anyway. Feet were another story, since I did not want to invest in pricey waterproof over-athletic-shoe covers, and I refused to go the route of many walkers of wrapping plastic bags – as in cut-up Target or Walmart bags – around their shoes. I found good warm, wicking socks did the trick, plus walking fast enough to squish the water out of my shoes. But head and hands, those were critical – and as a result of planning, I was one of the reasonably comfortable walkers throughout that bitter day. I did, however, overstuff my pockets with too many things that I could not easily get to in the rain, and in hindsight, I would have simplified and brought less.

I do the same thing for administrative hearings, or Board meetings, or oral arguments in appellate courts – learn what I can about the environment I can expect for the big event, and plan accordingly. It is also important to think through what you really need to have with you and then organize what you bring, so that when you need to present an exhibit or offer a case, it will be right at your fingertips and not buried in a mass of too much stuff.

Lesson II: We all need the support of those around us, be they volunteers, co-workers, friends, family, or adversaries.

Oh, those amazing volunteers – decked out in costumes you could only imagine, they got us through the 3-Day walk: stopping traffic to help us cross the street, sometimes with a timely rock ‘n roll song blasting out of a boom box and a little dance-encouragement; manning the pit-stops and pushing drinks and snacks on us; running medical tents that thankfully I did not get to experience; and keeping us going with cheers alongside our route, outstretched tissue boxes, band-aids, lip balm, sweets, stickers, and great signs (e.g., Blisters are temporary; a cure is forever; Go Walkers!).

What this lesson is about is that each of us controls the main events – the walk, the hearing, the presentation, the argument – but we need to develop support on the periphery, to help us through our main events. While the support that we can tap into may not be as obvious as the well-developed machine that is the Susan Komen 3-Day, if you think about it, it will become apparent. For example, I think of how I got involved in the administrative law section, around 13 years ago: I was recruited by an administrative law judge who had scared me to death in one of my first administrative hearings (and who shall remain nameless, Judge Rigot!) to join a committee to work on the first draft of the Uniform Rules of Procedure, successors to the old Model Rules of Procedure. That experience opened my eyes to the wonderful support system of the administrative law section and its leadership: there was a great cross-section of private sector and public sector attorneys volunteering their time to share their very different perspectives on administrative procedure issues and work together on a product that would blend the diverse input. That same support benefit is something I have enjoyed as an executive council member for more than ten years, and it is the same support that each of you can tap into by becoming active in the section and helping us with our many projects.

Another good example of the support network for administrative law practitioners is the Pat Dore Administrative Law Conference. The 2008 Conference in early October was a great success, with more than 200 registrants who attended and learned from the informative presentations. Scott Boyd, Executive Director of the Joint Administrative Procedures Committee, did a great job as master of ceremonies, introducing the fine program and speakers that he lined up with the help of Seann Frazier. The broad array of topics and expert presenters ensured that there was plenty for everyone’s interests. Once again, the Conference proved to be a wonderful opportunity, worthy of its namesake, to share information and learn with our colleagues.

Lesson III: Do for others, and do unto others, as you would have them do unto you.

Life is incredibly short; trying not to get too sappy here, all I can say is that I will be inspired for my remaining days by the survivor stories and the tributes to those who did not survive; by the outpouring of not just rain, but also of caring for others, helping those who needed a hand (or a glove) – the other-directedness of it all. Giving to others – such as by volunteering our administrative law skills to those in need – will enrich us. And as we plod through the daily routine of our busy practices, remember to show consideration for others and reach out a helping hand, even to your adversaries. You will find that what goes around comes around, so practicing professionalism and engaging in random acts of kindness will serve you well.

Lesson IV: Go for a walk if you are able – you’ll feel better! And keep in mind and heart those who are not able. That is all.

Elizabeth McArthur is the 2008-2009 Chair of the Administrative Law Section of the Florida Bar.