An Introduction To Legislative Advocacy for Government Attorneys

 The legislature is a diverse body made up of “citizen legislators”.  There are 14 lawyer members of the Arkansas General Assembly  By comparison, there are 18 farmers.

 Despite jokes to the contrary, lawyers are viewed as learned professionals in the legislature and are respected for their knowledge.  That does not mean your job as a lawyer advocating at the legislature will be easier because you are a lawyer.  To the contrary, it may be more difficult…

 Legislators do not. Legislators talk like Arkansans.  Therefore you have to learn how to talk like an Arkansan, not a lawyer.  Avoid legal terminology when possible, speak in every day English.  Just because you deal with an issue every day, it does not mean legislators understand what it is you do.

 Part-time legislators are aware that you know more about a topic then they do. Do not remind them of this.  Sound knowledgeable and respectful.  Legislators are elected because they are viewed by their communities as being the best person to represent them. Honor that.

 Legislators in a session are busy.  Your initial pitch to them on why they should vote a certain way needs to be under two minutes.  Be prepared to talk in depth if they ask.  In instances where an extended dialog is needed, schedule a meeting with them.

 Know the rules.  The House and The Senate Have joint rules and separate rules.  The rules are adopted every session and can be found online or hard copies are available from the parliamentarian.  For instances not covered by rules, Mason’s Manuel of Legislative Procedure is used.

 Who comprises the committee you are working?  Committee’s have personalities and tendencies.  Know how they have treated bills that are similar to yours.  Just because you’ve worked the committee before does not mean that it will have the same temperament this time.

 You do not need to be their friends, but you do need to have some idea of who you are dealing with.  Use examples that they can relate to.  Try to learn a few personal facts about them.  Talk to them like they are PEOPLE, not votes!

 The Bureau of Legislative Research (BLR) has a bill drafting guide on their webpage. Use it.  Use concise language.  Remember that your bill will become a law that will be read years after you are gone. Draft for clarity.  As you draft, anticipate questions the draft will raise.  Syntax is most important!  Understand BLR’s processes in drafting a bill.

 Find a member who cares about the subject of your bill.  Try to get a member of the committee you are working to be a sponsor.  Try to get a House and a Senate sponsor.  When needed, get co-sponsors.  Know when to avoid co-sponsors.

 First and Foremost, if you work for the Governor, does he support it?  Is it controversial or non-controversial?  Does it take specialized knowledge?  Does it have a partisan slant?  Timing is important; when should you run it?

 Never run a bill if you do not know the vote.  Talk to each member and ask them directly to vote for your bill.  If they will not commit, ask them to explain their hesitation and offer to address their concerns.  Do not be afraid to amend the bill.  Try to get commitments of support, but know these can change.

 Talk to the sponsor of the bill you are opposing first.  Try to reach a compromise, if possible.  Even if the member is rude to you, be as nice as possible back to them.  Never, ever, ever take it personal. It’s politics and it’s business and it’s never personal…  Unless it is personal, then try to mend the fence. If you can’t, then take your gloves off and fight.

 Political gamesmanship should only be a last resort. Win based on your arguments.  Power is a formidable ally. Use it when needed, but use it sparingly.  A hold on your budget simply means the member wants to talk. Don’t stress too much, they won’t defund your agency.  Never put anything in writing that you don’t want on the front page of the paper, especially if it is an unkind word about a legislator.

 Information is the coin of the realm.  Listen as much as you talk…or more than you talk.  Avoid social media commentary on political topics.  Remember that this is only one session. Try to avoid making enemies. You will have to work with (or possibly for) these legislators in the future.

 Don’t be afraid to ask questions. Talk to people who have been there and have experience.  Always dress up, but don’t be afraid to be unique.  Always, always, always tell the truth. If information is coin of the realm, your reputation is what earns you information.  If you don’t know the answer, don’t be afraid to say you don’t know.  Be earnest, sincere and most of all…

Any questions?

AGLeslieRutledge AGRutledge AGLeslieRutledge ArkansasAG AGRutledge Attorney General Leslie Rutledge