Month: November 2020

What is Administrative Law?

There is no universally accepted definition of administrative law, but rationally it may be held to cover the organization, powers, duties, and functions of public authorities of all kinds engaged in administration; their relations with one another and with citizens and nongovernmental bodies; legal methods of controlling public administration; and the rights and liabilities of officials. 


Administrative law is to a large extent complemented by constitutional law, and the line between them is hard to draw. The organization of a national legislature, the structure of the courts, the characteristics of a cabinet, and the role of the head of state are generally regarded as matters of constitutional law, whereas the substantive and procedural provisions relating to central and local governments and judicial review of administration are reckoned matters of administrative law. But some matters cannot be exclusively assigned to either administrative or constitutional law.


In the United States, administrative law (or regulatory law) is a branch of public law that applies to federal as well as independent agencies. Administrative federal law defines the duties and responsibilities of executive branch agencies and independent agencies; when the executive, legislative, and judicial branches of federal government are unable to directly carry out their constitutional duties, federal- and state-level government bodies issue directives to monitor activities in complex areas.


In California, “[t]he Office of Administrative Law (OAL) ensures that agency regulations are clear, necessary, legally valid, and available to the public. OAL is responsible for reviewing administrative regulations proposed by over 200 state agencies for compliance with the standards set forth in California’s Administrative Procedure Act (APA), for transmitting these regulations to the Secretary of State and for publishing regulations in the California Code of Regulations.”

Administrative Procedure Act

The Administrative Procedure Act (APA) enacted June 11, 1946, is the United States federal statute that governs the way in which administrative agencies of the federal government of the United States may propose and establish regulations and grants U.S. federal courts oversight over all agency actions. It is one of the most important pieces of United States administrative law, and serves as a sort of “constitution” for U.S. administrative law.

Hoffman & Forde’s Administrative Law Firm Services

Our team of attorneys are experienced defending professionals from malpractice claims, regulatory complaints and licensing board hearings in California. Our attorneys bring years of success to administrative and professional licensing law having represented every kind of licensed professional including medical personnel, real estate agents & brokers, accountants, engineers, contractors, social workers, insurance brokers, and fiduciaries. Business owners & managers are subject to the influence of government and the law in the workplace. When facing reproval, penalties, fines, probation, suspension, revocation or even a lifetime ban trust our attorneys to defend your license and your livelihood.

Your Southern California Administrative Law Attorneys

At Hoffman & Forde, our attorneys are experienced California administrative law attorneys, and we defend licensed professionals and businesses before the Medical Board, Department of Insurance, Department of Real Estate and other California licensing agencies. We have many years of administrative hearing experience before the Office of Administrative Hearings (OAH), as well as license defense experience in other administrative law forums.

As a boutique law firm, we have experts across disciplines and relevant industries. With our creative solutions, your estate plan will be tailored to you and your goals. Invest in legal advice and set up your family for the future for peace of mind. Call us today for a consultation.

What to Look for When Hiring a Business Attorney

Business owners may not always have hiring an attorney at the forefront of their minds. But legal counsel doesn’t just apply to litigation or when your business is already well-established. In fact, it would prove beneficial to consult with a business attorney even before starting your enterprise. This way, you can avoid legal troubles down the road and especially if you’re a first-time business owner. Here are some things for you to consider when hiring a business attorney.


Check how long your potential attorney and law firm have been practicing. But in addition to the number of years in their particular practice area, are they also experts in their field?  Look for proven success as you review their track record.

Proven Success

Here are a couple questions for business owners to consider: What kinds of businesses have they helped and in what capacity? What is their track record based on available testimonials? Your business attorney should have a firm understanding of the differences between small business needs and large corporations, and have demonstrated success in serving different types of businesses.

Legal Specialties

Choose an attorney that specializes in business law but consider the firm that the attorney’s a part of. Boutique firms (such as Hoffman & Forde) have access to legal professionals that specialize in other relevant fields that are beneficial to business owners.


Find out if your attorney provides clients with a sensible billing structure that ensures there are no unnecessary fees or surprises.


Is the attorney an effective communicator and do you have access to their legal team? Choosing a business attorney that is accessible, compassionate, and communicates well makes a big difference. Accessibility demonstrates dedication to clients. 

How Our Southern California Law Firm Helps Businesses

Whether you’re considering pursuing a startup or already have a business that’s pivoting, our Southern California law firm strategically advises our clients on all stages of a business’ cycle, from formation to succession. Your business may opt to retain us to serve as if we are their in-house general counsel or as consultants during the formation phase.

Entity Formation & Planning

 Hoffman & Forde is engaged in all aspects of our clients’ business formation and development, from conception through liquidity. We provide business and legal guidance to clients through all stages of development, from initial incorporation, to seed and angel investments, venture capital debt and equity financing, strategic investments, and more.


Contracts are key to any business. Our business consulting law firm has extensive experience in drafting tailored contracts to meet our clients’ needs, including terms and conditions, distribution agreements, customer contracts and non-disclosure agreements, breach of contracts, and more. If you need assistance with contracts, we can help.

Corporate Governance

Our business attorneys help clients develop and implement corporate governance policies and procedures, including employment policies, to foster best practices and to help meet clients’ obligations under applicable law. With policies changing more frequently because of coronavirus, employers need to be even more aware of their legal rights and responsibilities.


We counsel employers on regulatory, legal, and human resources issues to ensure compliance with employment laws. We also help our clients establish policies, procedures, and guidelines essential to their businesses. At Hoffman & Forde, we help business owners keep up with their legal requirements and duties, and provide superior legal advice and planning. Learn more about our business consulting practice or contact our business attorneys for a complimentary consultation today.