How to Start and Grow a Food and Agriculture Law Practice
-
Upload
cari-rincker -
Category
Career
-
view
1.009 -
download
0
description
Transcript of How to Start and Grow a Food and Agriculture Law Practice
![Page 1: How to Start and Grow a Food and Agriculture Law Practice](https://reader033.fdocuments.us/reader033/viewer/2022050815/5468186caf7959a2358b493d/html5/thumbnails/1.jpg)
How To Start and Grow a Food and Agriculture Law Practice
LawlineSeptember 26, 2013
By Cari B. Rincker, Esq.
![Page 2: How to Start and Grow a Food and Agriculture Law Practice](https://reader033.fdocuments.us/reader033/viewer/2022050815/5468186caf7959a2358b493d/html5/thumbnails/2.jpg)
Overview• What is Food and Agriculture Law?• Starting a Food & Agriculture Law
Practice: – My Story
• Getting clients– Branding– Networking– Marketing
• Survey Says: What do farmers, agri-businesses and food entrepreneurs want from an attorney?
• What are some primary legal needs of the food and agriculture industry?
![Page 3: How to Start and Grow a Food and Agriculture Law Practice](https://reader033.fdocuments.us/reader033/viewer/2022050815/5468186caf7959a2358b493d/html5/thumbnails/3.jpg)
My Background• Grew up on a beef cattle
farm in Central Illinois• Education– A.S. in Agriculture from
Lake Land College– B.S. in Animal Science
from Texas A & M– M.S. in Ruminant (Beef
Cattle) Nutrition from University of Illinois
![Page 4: How to Start and Grow a Food and Agriculture Law Practice](https://reader033.fdocuments.us/reader033/viewer/2022050815/5468186caf7959a2358b493d/html5/thumbnails/4.jpg)
My Background• J.D. from Pace Law School
(2007)– Certificates in Environmental
Law & International Law• Associate at Budd-Falen Law
Offices in Cheyenne, Wyoming (2008-2009)– Environmental Law, Property
Law, Land Use & Federal Lands
– Worked with “cowboys”
Cattle branding in Casper, Wyoming
![Page 5: How to Start and Grow a Food and Agriculture Law Practice](https://reader033.fdocuments.us/reader033/viewer/2022050815/5468186caf7959a2358b493d/html5/thumbnails/5.jpg)
My BackgroundMoved back to NYC in 2009 to start my own law practice– Wanted to do food,
agriculture & environmental law & live in NYC
– Appreciate the autonomy & freedom of having my own practice
– Licensed in New York, New Jersey, Connecticut & Washington D.C.
![Page 6: How to Start and Grow a Food and Agriculture Law Practice](https://reader033.fdocuments.us/reader033/viewer/2022050815/5468186caf7959a2358b493d/html5/thumbnails/6.jpg)
My Background
• Chair of the American Bar Association, General Practice, Solo & Small Firm Division’s Agriculture Law Committee
• My food and agriculture client base– Farmers to ranchers– Small to mid-size agri-business– Food entrepreneurs
![Page 7: How to Start and Grow a Food and Agriculture Law Practice](https://reader033.fdocuments.us/reader033/viewer/2022050815/5468186caf7959a2358b493d/html5/thumbnails/7.jpg)
What is Food and Agriculture Law?
• Food and agriculture law is an industry-based practice area vs. subject-based practice area
• Touches upon nearly every area of law– Geared toward the food and agriculture industry– This is why it is very difficult to practice food and
agriculture law– This is why it is even harder to market!
![Page 8: How to Start and Grow a Food and Agriculture Law Practice](https://reader033.fdocuments.us/reader033/viewer/2022050815/5468186caf7959a2358b493d/html5/thumbnails/8.jpg)
What is Food and Agriculture Law?
Agriculture law is the “the study of the network of laws and policies that apply to the production, marketing, and sale of agriculture products, i.e., the food we eat, the natural fibers we wear, and increasingly, the bio-fuels that run our vehicles."
See Susan Schneider, “What Is Agriculture Law?”, Agriculture Law Update, Vol. 26, No. 1, Whole No. 302 (January 2009) at 1.
![Page 9: How to Start and Grow a Food and Agriculture Law Practice](https://reader033.fdocuments.us/reader033/viewer/2022050815/5468186caf7959a2358b493d/html5/thumbnails/9.jpg)
Subject-Based Practice Areas• Contract law– Farming is a business too! – Think of all the types of contracts that a business might
need- food and agriculture clients need those too• Buy-sell agreements• Partnership agreements• Purchase agreements• Non-disclosure agreements• Real estate contracts• Non-compete agreement• Employment contracts• Wind energy leases
![Page 10: How to Start and Grow a Food and Agriculture Law Practice](https://reader033.fdocuments.us/reader033/viewer/2022050815/5468186caf7959a2358b493d/html5/thumbnails/10.jpg)
Contract Law
• But it can also be very specialized according to the unique needs of the clients– Agriculture production contracts– Custom Feeding arrangements– Bull/stallion leases– Purchase agreements for food
products– Embryo Transfer Contracts– Farm Machinery Contracts– Farm/ ranch leases
![Page 11: How to Start and Grow a Food and Agriculture Law Practice](https://reader033.fdocuments.us/reader033/viewer/2022050815/5468186caf7959a2358b493d/html5/thumbnails/11.jpg)
Business Formations
• Food and agriculture businesses can be high risk – it is even more important for food and agriculture businesses to think about liability protection– However, food and agriculture
lawyers should consider federal farm program planning and succession planning
![Page 12: How to Start and Grow a Food and Agriculture Law Practice](https://reader033.fdocuments.us/reader033/viewer/2022050815/5468186caf7959a2358b493d/html5/thumbnails/12.jpg)
Estate Planning• The average American farmer
is around 65 years old– Most have no succession or
estate plan– Problem now with heirs getting
off-farm job • Management/ training becomes
an issue
– Estate tax concerns• Federal $5.25 mil• New York $1 mil
– Federal farm programs can be stalled while estate is in probate
![Page 13: How to Start and Grow a Food and Agriculture Law Practice](https://reader033.fdocuments.us/reader033/viewer/2022050815/5468186caf7959a2358b493d/html5/thumbnails/13.jpg)
Insurance Law• Farms and food businesses have special
insurance concerns– Home Owners/Renters Insurance won’t cover
commercial activity from home– Commercial insurance– Products liability insurance– Crop insurance– Livestock/equine insurance– Environmental insurance– Cyber Insurance
![Page 14: How to Start and Grow a Food and Agriculture Law Practice](https://reader033.fdocuments.us/reader033/viewer/2022050815/5468186caf7959a2358b493d/html5/thumbnails/14.jpg)
Animal Law
• Livestock animal cruelty law• Livestock transportation
laws• Aquaculture• Apiaries• Farm dog law• Horse trusts
![Page 15: How to Start and Grow a Food and Agriculture Law Practice](https://reader033.fdocuments.us/reader033/viewer/2022050815/5468186caf7959a2358b493d/html5/thumbnails/15.jpg)
Intellectual Property Law
• Remember that food and farm businesses have intellectual property concerns like any other business– Copyrights– Trademarks• Design and word marks
– Patents
![Page 16: How to Start and Grow a Food and Agriculture Law Practice](https://reader033.fdocuments.us/reader033/viewer/2022050815/5468186caf7959a2358b493d/html5/thumbnails/16.jpg)
Environmental Regulations• Concentrated Animal
Feeding Operations– Clean Water Act– Clean Air Act
• Wildlife protection• Natural Resource
Conservation Programs
![Page 17: How to Start and Grow a Food and Agriculture Law Practice](https://reader033.fdocuments.us/reader033/viewer/2022050815/5468186caf7959a2358b493d/html5/thumbnails/17.jpg)
Land Use & Zoning Law
• Divisibility Restrictions• Density Restrictions• Residential vs. Commercial• Urban & Suburban
agriculture– Backyard Chickens– Apiaries – Rooftop farming
• Agriculture Districts– Right-to-Farm Law
![Page 18: How to Start and Grow a Food and Agriculture Law Practice](https://reader033.fdocuments.us/reader033/viewer/2022050815/5468186caf7959a2358b493d/html5/thumbnails/18.jpg)
Getting Paid!
• Liens– Lien on Calf or Foal from
Service of a Bull or Stallion– Stablemen’s Lien– Landlord’s Lien on Crops
• Pre & Post-Judgment Debt Collection
![Page 19: How to Start and Grow a Food and Agriculture Law Practice](https://reader033.fdocuments.us/reader033/viewer/2022050815/5468186caf7959a2358b493d/html5/thumbnails/19.jpg)
Employment, Labor & Immigration Law
• Volunteer labor– Internships– Apprenticeships– Community volunteers
• Employment/ Independent Contractor Agreements
• Employment handbooks• Migrant farm workers• I9 Compliance• H2A Applications
![Page 20: How to Start and Grow a Food and Agriculture Law Practice](https://reader033.fdocuments.us/reader033/viewer/2022050815/5468186caf7959a2358b493d/html5/thumbnails/20.jpg)
Miscellaneous Food Law Issues
• Food labeling (menu labeling)
• Food safety• Farm transportation law• Agriculture finance and
sales• Farm Bankruptcy
![Page 21: How to Start and Grow a Food and Agriculture Law Practice](https://reader033.fdocuments.us/reader033/viewer/2022050815/5468186caf7959a2358b493d/html5/thumbnails/21.jpg)
Miscellaneous Food Law Issues
• Direct Farm Marketing• Cottage Food Operations• On-Farm Poultry Slaughter• Criminal law• Personal injury law
![Page 22: How to Start and Grow a Food and Agriculture Law Practice](https://reader033.fdocuments.us/reader033/viewer/2022050815/5468186caf7959a2358b493d/html5/thumbnails/22.jpg)
… And the list goes on and on.. • Food truck permits• Beverage law• Federal nutrition programs• Federal farm programs• Renewable energy law• Water law• Tax law• Family and divorce law– Farmers get divorced too!
![Page 23: How to Start and Grow a Food and Agriculture Law Practice](https://reader033.fdocuments.us/reader033/viewer/2022050815/5468186caf7959a2358b493d/html5/thumbnails/23.jpg)
You Cannot Be an Expert in Everything• I consider myself a general practitioner for the
food and agriculture industry– I get asked questions that I don’t know the answer
to and that’s okay– I either figure it out, or bring in someone with more
experience in that area• There are some areas that I know better than
others– For example, I’m trying to get more education right
now on farm estate planning and agriculture tax
![Page 24: How to Start and Grow a Food and Agriculture Law Practice](https://reader033.fdocuments.us/reader033/viewer/2022050815/5468186caf7959a2358b493d/html5/thumbnails/24.jpg)
Suggestion to Food and Agriculture Lawyers
• Know a little about most areas of areas of law
• Know a lot about a few areas of law– Farm estate planning– Food and agriculture business
planning– International food trade
• Know professionals to bring in when appropriate– Referral relationships?
![Page 25: How to Start and Grow a Food and Agriculture Law Practice](https://reader033.fdocuments.us/reader033/viewer/2022050815/5468186caf7959a2358b493d/html5/thumbnails/25.jpg)
Starting a Food & Agriculture Law Practice: My Story
![Page 26: How to Start and Grow a Food and Agriculture Law Practice](https://reader033.fdocuments.us/reader033/viewer/2022050815/5468186caf7959a2358b493d/html5/thumbnails/26.jpg)
This is My Story
• Initially, I used my home address at my apartment on the Upper East Side but within my first year I obtained a virtual law office downtown by Wall Street– Professionalism– Meeting with Clients– Safety– Consistency (moving
residences)
![Page 27: How to Start and Grow a Food and Agriculture Law Practice](https://reader033.fdocuments.us/reader033/viewer/2022050815/5468186caf7959a2358b493d/html5/thumbnails/27.jpg)
This is My Story
• One of the first things I did was get a website and other basic marketing tools– Name of practice – Domain name– Email – Business cards– Letterhead
![Page 28: How to Start and Grow a Food and Agriculture Law Practice](https://reader033.fdocuments.us/reader033/viewer/2022050815/5468186caf7959a2358b493d/html5/thumbnails/28.jpg)
This is My Story• If you are using a Virtual Law Office, are there any
special ethical concerns?– For example, New Jersey used to have a requirement that
letterhead and business cards state “By Appointment Only”– New Jersey also used to require that clients know where
my “bona fide office” was located – New Jersey has since changed these rules
![Page 29: How to Start and Grow a Food and Agriculture Law Practice](https://reader033.fdocuments.us/reader033/viewer/2022050815/5468186caf7959a2358b493d/html5/thumbnails/29.jpg)
This is My Story• I formed a Professional Limited Liability Company
immediately– In hindsight, I would have waited to do this this but I’m
glad I have it done– New York has a publication requirement (cost me $1400
to comply in New York County in addition to filing fees)– When I started my practice, I didn’t have a lot of
personal assets to protect– Corporate formalities / additional administrative
overhead– What choice of entity is right for you?
![Page 30: How to Start and Grow a Food and Agriculture Law Practice](https://reader033.fdocuments.us/reader033/viewer/2022050815/5468186caf7959a2358b493d/html5/thumbnails/30.jpg)
This is My Story• After forming my Professional Limited Liability
Company, the next thing I did was go to the bank– Federal Employer Identification Number– Operating Account– IOLTA Account• Take information about what your state requires- not all
business bankers understand IOLTA/IOLA
– Business Credit Card
![Page 31: How to Start and Grow a Food and Agriculture Law Practice](https://reader033.fdocuments.us/reader033/viewer/2022050815/5468186caf7959a2358b493d/html5/thumbnails/31.jpg)
This is My Story• After my bank and business entity was in order, I needed
malpractice insurance– Took recommendation from New York State Bar Association– Best guestimate on practice area percentages – be conservative on
higher risk areas• Environmental law• Oil & Gas• Mineral Rights• Hazardous Materials• Intellectual Property• Real Estate
– Needed a “back-up lawyer”– Some malpractice insurance companies will allow financing – pay over 9 mos.
![Page 32: How to Start and Grow a Food and Agriculture Law Practice](https://reader033.fdocuments.us/reader033/viewer/2022050815/5468186caf7959a2358b493d/html5/thumbnails/32.jpg)
This is My Story
Started my practice with:– PC Laptop– File Cabinet– Ground Line– Cell Phone– Printer– Microsoft Office Suite– Westlaw– In hindsight, I should have invested in an accounting
program immediately
![Page 33: How to Start and Grow a Food and Agriculture Law Practice](https://reader033.fdocuments.us/reader033/viewer/2022050815/5468186caf7959a2358b493d/html5/thumbnails/33.jpg)
This is My Story
• I now have a brick and mortar office in Midtown at 44th and Fifth Avenue
• Use contract lawyers and secretaries– No full time employees
• Have also developed a mediation niche
![Page 34: How to Start and Grow a Food and Agriculture Law Practice](https://reader033.fdocuments.us/reader033/viewer/2022050815/5468186caf7959a2358b493d/html5/thumbnails/34.jpg)
Getting Clients
![Page 35: How to Start and Grow a Food and Agriculture Law Practice](https://reader033.fdocuments.us/reader033/viewer/2022050815/5468186caf7959a2358b493d/html5/thumbnails/35.jpg)
Getting Clients
• Branding• Networking• Advertising v.
Marketing
![Page 36: How to Start and Grow a Food and Agriculture Law Practice](https://reader033.fdocuments.us/reader033/viewer/2022050815/5468186caf7959a2358b493d/html5/thumbnails/36.jpg)
What is a “Brand?”• 2 Kinds of Brands– Business Brand– Personal Brand
• According to Entrepreneur.com, a brand: – tells your customers “what they can expect from
your products and services, and it differentiates your offering from your competitors’.”
– Is “derived from who you are, who you want to be and who people perceive you to be.”
![Page 37: How to Start and Grow a Food and Agriculture Law Practice](https://reader033.fdocuments.us/reader033/viewer/2022050815/5468186caf7959a2358b493d/html5/thumbnails/37.jpg)
What Is a “Brand?”
![Page 38: How to Start and Grow a Food and Agriculture Law Practice](https://reader033.fdocuments.us/reader033/viewer/2022050815/5468186caf7959a2358b493d/html5/thumbnails/38.jpg)
Your Brand• Everything you do should highlight your brand– Your website– Your business cards– Your letterhead– How you present yourself publically– Articles you write– Speeches you give– Emails you write– How you act in professional/networking organizations that
you belong to– Your presence in social media– Your volunteer efforts– Your court pleadings– How you dress
![Page 39: How to Start and Grow a Food and Agriculture Law Practice](https://reader033.fdocuments.us/reader033/viewer/2022050815/5468186caf7959a2358b493d/html5/thumbnails/39.jpg)
Your Brand
• You are your brand 24/7, in everything that you do– Your employees are
your brand, in everything that they do
![Page 40: How to Start and Grow a Food and Agriculture Law Practice](https://reader033.fdocuments.us/reader033/viewer/2022050815/5468186caf7959a2358b493d/html5/thumbnails/40.jpg)
My Brand• At the end of the day, I want others around me to
trust my work as a food and agriculture lawyer– Attention to detail– Background growing up in production agriculture– Legal education in food and agriculture law– My morals and values– My understanding of the legal issues that affect the
food and agriculture industry– My professional reputation– My work ethic
![Page 41: How to Start and Grow a Food and Agriculture Law Practice](https://reader033.fdocuments.us/reader033/viewer/2022050815/5468186caf7959a2358b493d/html5/thumbnails/41.jpg)
My Brand• People also do business
with who they know and like– Takes time for people to get
to know you– Good ol’ fashioned
networking– Attending food and
agriculture conferences– Showing up at the
county/state fair– Let me know my personality
through social media
![Page 42: How to Start and Grow a Food and Agriculture Law Practice](https://reader033.fdocuments.us/reader033/viewer/2022050815/5468186caf7959a2358b493d/html5/thumbnails/42.jpg)
Networking• Networking is a long-term investment in your
food and agriculture law practice– No instantaneous results– But overtime, you will build a solid foundation for
your business• Network smart– It’s about quality vs. quantity– Who are the people that can help build your
business– Look at it as part of your business, even when
you’re busy
![Page 43: How to Start and Grow a Food and Agriculture Law Practice](https://reader033.fdocuments.us/reader033/viewer/2022050815/5468186caf7959a2358b493d/html5/thumbnails/43.jpg)
This Is My Story
• I joined email listserves for lawyers– Solosez– New York State Bar
Association• I joined professional
organizations– Bar associations– Trade associations
• I got “out there”.
![Page 44: How to Start and Grow a Food and Agriculture Law Practice](https://reader033.fdocuments.us/reader033/viewer/2022050815/5468186caf7959a2358b493d/html5/thumbnails/44.jpg)
Food and Agriculture Law Organizations
• American Agriculture Law Association• American Bar Association– General Practice, Solo & Small Firm Agriculture Law
Committee– Section on the Environment, Energy & Natural
Resource’s Agriculture Management Committee– Section of Business Law Agriculture Finance Committee– Section of Real Property, Trust & Estate Law
• New York State Bar Association– Agriculture & Rural Issues Committee
![Page 45: How to Start and Grow a Food and Agriculture Law Practice](https://reader033.fdocuments.us/reader033/viewer/2022050815/5468186caf7959a2358b493d/html5/thumbnails/45.jpg)
Networking• Relationships should always be
mutual• What can you give? What do you
bring to the table? It’s not just about how that person can help you.– “Giver’s Gain” mentality
• Social capital– I don’t have enough business to
refer out to every financial advisor or accountant that I meet; however, I can make them a great introduction
– Don’t overuse your capital – it can be unwisely spent
![Page 46: How to Start and Grow a Food and Agriculture Law Practice](https://reader033.fdocuments.us/reader033/viewer/2022050815/5468186caf7959a2358b493d/html5/thumbnails/46.jpg)
Advertising vs. Marketing
• Advertising: The paid, public, announcement of an identified sponsor; the non-personal presentation or promotion of products or services– Magazine ads– Radio ads– Direct mail– Internet
About.com
![Page 47: How to Start and Grow a Food and Agriculture Law Practice](https://reader033.fdocuments.us/reader033/viewer/2022050815/5468186caf7959a2358b493d/html5/thumbnails/47.jpg)
Advertising• Get a website– It’s your online brochure
• Think about social media– Blogs (video vs. text)– Facebook– Twitter
• Should you pay for advertising with selected food and agriculture organizations?– Becoming a business
sponsor
![Page 48: How to Start and Grow a Food and Agriculture Law Practice](https://reader033.fdocuments.us/reader033/viewer/2022050815/5468186caf7959a2358b493d/html5/thumbnails/48.jpg)
Advertising
• Update online attorney directories– Justia.com– Avvo.com
• Helps with backlinks and SEO
![Page 49: How to Start and Grow a Food and Agriculture Law Practice](https://reader033.fdocuments.us/reader033/viewer/2022050815/5468186caf7959a2358b493d/html5/thumbnails/49.jpg)
Advertising v. Marketing
• Marketing: The systemic planning, implementation and control of a mix of business activities intended to bring together buyers and sellers for mutually advantageous exchange or transfer of products– Put simply, marketing is about
“who you want your next client to be”
About.com
![Page 50: How to Start and Grow a Food and Agriculture Law Practice](https://reader033.fdocuments.us/reader033/viewer/2022050815/5468186caf7959a2358b493d/html5/thumbnails/50.jpg)
Marketing
About.com
AdvertisingMarket ResearchPublic RelationsPricingCommunity DevelopmentCustomer Service
Marketing is a mixture of a lot of things-Find the mix that works for your food &Agriculture law practice
![Page 51: How to Start and Grow a Food and Agriculture Law Practice](https://reader033.fdocuments.us/reader033/viewer/2022050815/5468186caf7959a2358b493d/html5/thumbnails/51.jpg)
Marketing• Writing articles in food and
agriculture publications– Become a thought leader
• Speaking engagements• Email marketing• Leadership positions in food and
agriculture organizations– Legal and non-legal orgs
• Press/ interviews• Attended food and agriculture
law conferences
![Page 52: How to Start and Grow a Food and Agriculture Law Practice](https://reader033.fdocuments.us/reader033/viewer/2022050815/5468186caf7959a2358b493d/html5/thumbnails/52.jpg)
Oh, P.S. – I Just Wrote a Book
Cari B. Rincker & Patrick B. Dillon, “Field Manual: Legal Guide for New York Farmers & Food Entrepreneurs” (2013)
Available at http://www.amazon.com/Field-Manual-Legal-Farmers-Entrepreneurs/dp/1484965191
…and that’s marketing.
![Page 53: How to Start and Grow a Food and Agriculture Law Practice](https://reader033.fdocuments.us/reader033/viewer/2022050815/5468186caf7959a2358b493d/html5/thumbnails/53.jpg)
Survey Says
• I did a survey with food and agriculture people in preparation of a speaking engagement in Ohio in June 2013
![Page 54: How to Start and Grow a Food and Agriculture Law Practice](https://reader033.fdocuments.us/reader033/viewer/2022050815/5468186caf7959a2358b493d/html5/thumbnails/54.jpg)
Survey: Use of Lawyers for Agriculture Producers and Agri-Businesses
• June 8, 2013 - Survey posted on Facebook, Twitter & Blog. Survey emailed to select New York agriculture producers and young cattle producers. – Data collected over 3 day
period over a long weekend
– 70 people completed the survey
![Page 55: How to Start and Grow a Food and Agriculture Law Practice](https://reader033.fdocuments.us/reader033/viewer/2022050815/5468186caf7959a2358b493d/html5/thumbnails/55.jpg)
Which of the Following Best Describes Your Business?
Survey Participants
Agriculture ProductionAgri-BusinessFood and Beverage In-dustryOther
![Page 56: How to Start and Grow a Food and Agriculture Law Practice](https://reader033.fdocuments.us/reader033/viewer/2022050815/5468186caf7959a2358b493d/html5/thumbnails/56.jpg)
How Many Lawyers Have You Worked With Over the Last 2 Years?
zero 1 2 to 3 4 or more0
5
10
15
20
25
![Page 57: How to Start and Grow a Food and Agriculture Law Practice](https://reader033.fdocuments.us/reader033/viewer/2022050815/5468186caf7959a2358b493d/html5/thumbnails/57.jpg)
Comments“Of the 5 [lawyers I used] only 2 knew the law better than myself.”
“Family owned farm that had no succession planning done. What a mess.”
“I have only needed legal services about 3 times. I was represented only once.”
![Page 58: How to Start and Grow a Food and Agriculture Law Practice](https://reader033.fdocuments.us/reader033/viewer/2022050815/5468186caf7959a2358b493d/html5/thumbnails/58.jpg)
If You Needed a Lawyer, Which of the Following Search Mechanisms Would You Most Likely Utilize?
Use an attorney th
at I alre
ady know
Ask someone I t
rust
for a re
ferral
Ask a food or a
gricultu
re organization
Search Google
Use an attorney se
arch w
ebsite
Find someone via so
cial m
edia platformOther
05
101520253035
![Page 59: How to Start and Grow a Food and Agriculture Law Practice](https://reader033.fdocuments.us/reader033/viewer/2022050815/5468186caf7959a2358b493d/html5/thumbnails/59.jpg)
Comments
“I met one of the lawyers I have worked with this year because he made his passion for food evident to me while shopping in my farm stand store and the other because he and I share the same graphic designer who is also passionate about good, clean food.”
![Page 60: How to Start and Grow a Food and Agriculture Law Practice](https://reader033.fdocuments.us/reader033/viewer/2022050815/5468186caf7959a2358b493d/html5/thumbnails/60.jpg)
Comments• “Use a firm I have
personally met or have heard speak.”
• “Combination. i.e., ask someone I trust, ask a food or ag organization for a referral and search Google.”
![Page 61: How to Start and Grow a Food and Agriculture Law Practice](https://reader033.fdocuments.us/reader033/viewer/2022050815/5468186caf7959a2358b493d/html5/thumbnails/61.jpg)
Comments• “Ask a professional
business person who has [a] reason to refer their clients to legal advisors.”
• “Find a lawyer that’s a specialist in the matter in question.”
![Page 62: How to Start and Grow a Food and Agriculture Law Practice](https://reader033.fdocuments.us/reader033/viewer/2022050815/5468186caf7959a2358b493d/html5/thumbnails/62.jpg)
What is the Most Important Factor When Deciding on a Lawyer?
That it is somebody I trust to properly deal with my legal issues.
That it is somebody that understands my food and agriculture business.
That it is someone near where I live.
That it is someone who is affordable
That it is someone who is available to help me after business hours
Other
0 5 10 15 20 25 30 35 40 45 50
![Page 63: How to Start and Grow a Food and Agriculture Law Practice](https://reader033.fdocuments.us/reader033/viewer/2022050815/5468186caf7959a2358b493d/html5/thumbnails/63.jpg)
Comments• “Trust would include a
least a basic understanding of animal agriculture.”
• “Reputation.”
• “Ability and competence are critical [along with a] knowledge of the applicable statutes.”
![Page 64: How to Start and Grow a Food and Agriculture Law Practice](https://reader033.fdocuments.us/reader033/viewer/2022050815/5468186caf7959a2358b493d/html5/thumbnails/64.jpg)
Comments• “Combination. i.e., 1) trust,
2) someone who understands ag, and 3) someone who is affordable (overarching concern).”
• “We must be able to communicate our thoughts to each other with efficiency.”
![Page 65: How to Start and Grow a Food and Agriculture Law Practice](https://reader033.fdocuments.us/reader033/viewer/2022050815/5468186caf7959a2358b493d/html5/thumbnails/65.jpg)
Comments
“All of these are very important factors. 5 years ago I would have said "someone I trust" as the most important factor. But, how would I know if [I] really would "trust" someone when initially selecting my lawyer? After working with 2 different lawyers pretty frequently over the past few years, I feel like someone you like AND trust is the most important factor.”
![Page 66: How to Start and Grow a Food and Agriculture Law Practice](https://reader033.fdocuments.us/reader033/viewer/2022050815/5468186caf7959a2358b493d/html5/thumbnails/66.jpg)
What is Your Primary Legal Need?
0
10
20
30
![Page 67: How to Start and Grow a Food and Agriculture Law Practice](https://reader033.fdocuments.us/reader033/viewer/2022050815/5468186caf7959a2358b493d/html5/thumbnails/67.jpg)
Comments
“Nearly all options listed here. I prefer working with someone that is familiar with all my legal needs or at least has an associate in house that is more focused on particular areas.”
![Page 68: How to Start and Grow a Food and Agriculture Law Practice](https://reader033.fdocuments.us/reader033/viewer/2022050815/5468186caf7959a2358b493d/html5/thumbnails/68.jpg)
Comments
• “The next generation has taken over the farming operation.”
• “1031 exchanges, fence problems with neighbors. Making them aware of the ‘right hand’ rule.”
![Page 69: How to Start and Grow a Food and Agriculture Law Practice](https://reader033.fdocuments.us/reader033/viewer/2022050815/5468186caf7959a2358b493d/html5/thumbnails/69.jpg)
Comments• “Labor and
immigration”
• “Family matters.”
• “Water issues.”
• “Could be all of the above.”
![Page 70: How to Start and Grow a Food and Agriculture Law Practice](https://reader033.fdocuments.us/reader033/viewer/2022050815/5468186caf7959a2358b493d/html5/thumbnails/70.jpg)
Comments
• “Legislation.”
• “Pipeline right-of-way issues”
• “Not-profit management advice”
![Page 71: How to Start and Grow a Food and Agriculture Law Practice](https://reader033.fdocuments.us/reader033/viewer/2022050815/5468186caf7959a2358b493d/html5/thumbnails/71.jpg)
Which of the Following Payment Methods Would You Prefer to Use With Your Ag Lawyer?
Billable Hour Flat Fee Subscription Service
Other0
5
10
15
20
25
30
35
40
45
![Page 72: How to Start and Grow a Food and Agriculture Law Practice](https://reader033.fdocuments.us/reader033/viewer/2022050815/5468186caf7959a2358b493d/html5/thumbnails/72.jpg)
Comments• “In my particular
circumstance, contingency has been utilized.”
• “When you have been ripped off by other members of the business and just left with the bills and no money it’s impossible to hire a lawyer to try and get back what’s yours.”
![Page 73: How to Start and Grow a Food and Agriculture Law Practice](https://reader033.fdocuments.us/reader033/viewer/2022050815/5468186caf7959a2358b493d/html5/thumbnails/73.jpg)
Comments
“In my husband’s estate, they bill by the hour and extensions of tax filing are killing me. It’s been two years and I am still getting $500 bills every month for one thing or another.”
![Page 74: How to Start and Grow a Food and Agriculture Law Practice](https://reader033.fdocuments.us/reader033/viewer/2022050815/5468186caf7959a2358b493d/html5/thumbnails/74.jpg)
What Is Your Biggest Concern With Using an Attorney?
That my attorney won't fully understand my food and agriculture business.
That my attorney won't be worth the legal fees.
That an attorney won't add value- he/she will overcomplicate things.
That a good lawyer will be too busy to give my business the time and attention that I need.
That a lawyer will just try to sell me more legal products tha tmy business doesn't need.
Other
0 2 4 6 8 10 12 14 16 18 20
![Page 75: How to Start and Grow a Food and Agriculture Law Practice](https://reader033.fdocuments.us/reader033/viewer/2022050815/5468186caf7959a2358b493d/html5/thumbnails/75.jpg)
Comments
“I seem to never be 100% sure we go the issue at hand resolved properly, so it won’t be challenged in the future. It seems very difficult to get a straight answer from a lawyer. Many times after asking a question, I am more confused than before I asked the question.”
![Page 76: How to Start and Grow a Food and Agriculture Law Practice](https://reader033.fdocuments.us/reader033/viewer/2022050815/5468186caf7959a2358b493d/html5/thumbnails/76.jpg)
Comments• The estate planner and our
lawyers make decisions based on what they think my husband wants. “My lawyer doesn’t consult me as to what I would want.”
• “That my case will not be properly managed and/or the services provided will be inadequate.”
![Page 77: How to Start and Grow a Food and Agriculture Law Practice](https://reader033.fdocuments.us/reader033/viewer/2022050815/5468186caf7959a2358b493d/html5/thumbnails/77.jpg)
Comments“It takes a special type of attorney to truly understand what a farmer deals with on a daily basis. It is too easy to forget to overlook the fact that the farm oftentimes is the farmer’s home. This is a bit of an issue sometimes. They also need to realize that most farmers can’t always just adjust their price to recover the cost of a good attorney.”
![Page 78: How to Start and Grow a Food and Agriculture Law Practice](https://reader033.fdocuments.us/reader033/viewer/2022050815/5468186caf7959a2358b493d/html5/thumbnails/78.jpg)
Comments
“Lawyers are untrustworthy – which is the typical view of most farmers and ranchers.”
“No concerns really.”
![Page 79: How to Start and Grow a Food and Agriculture Law Practice](https://reader033.fdocuments.us/reader033/viewer/2022050815/5468186caf7959a2358b493d/html5/thumbnails/79.jpg)
How Can the Legal Community Better Serve You?
• “Be more familiar with the agriculture business.”
• “Be available when I need a lawyer.”
• “Keep up to date on agriculture/food issues.”
• “Get out in the field and get their hands dirty.”
![Page 80: How to Start and Grow a Food and Agriculture Law Practice](https://reader033.fdocuments.us/reader033/viewer/2022050815/5468186caf7959a2358b493d/html5/thumbnails/80.jpg)
• “Keep it simple”
• “Listen and understand; if you don’t, then ask questions.”
• “Unwarranted motion practice should be eliminated.”
• “Realize that a lot of farmers find the fees too high.”
How Can the Legal Community Better Serve You?
![Page 81: How to Start and Grow a Food and Agriculture Law Practice](https://reader033.fdocuments.us/reader033/viewer/2022050815/5468186caf7959a2358b493d/html5/thumbnails/81.jpg)
How Can the Legal Community Better Serve You?
• “Have attorneys that specialize in specific aspects.”
• “Give value and knowledge.”
• “Stay current/reasonable pricing.”
• “Try to keep it cooperative.”
![Page 82: How to Start and Grow a Food and Agriculture Law Practice](https://reader033.fdocuments.us/reader033/viewer/2022050815/5468186caf7959a2358b493d/html5/thumbnails/82.jpg)
How Can the Legal Community Better Serve You?
• “General assistance to help me do it myself.”
• “Quit filing frivolous law suits just to get rich.”
• “To better understand issues in agriculture.”
![Page 83: How to Start and Grow a Food and Agriculture Law Practice](https://reader033.fdocuments.us/reader033/viewer/2022050815/5468186caf7959a2358b493d/html5/thumbnails/83.jpg)
How Can the Legal Community Better Serve You?
• “Help me learn local and state law.”
• “Have more reasonable fee structures for farmers.”
• “Be more open to answering my questions.”
• “Learn and understand; if you don’t, ask questions.”
![Page 84: How to Start and Grow a Food and Agriculture Law Practice](https://reader033.fdocuments.us/reader033/viewer/2022050815/5468186caf7959a2358b493d/html5/thumbnails/84.jpg)
Pivotal Questions• How you become a
lawyer that is known or referred by someone who is trusted?
• How do we get farmers and agri-businesses to trust us with their legal issues?
![Page 85: How to Start and Grow a Food and Agriculture Law Practice](https://reader033.fdocuments.us/reader033/viewer/2022050815/5468186caf7959a2358b493d/html5/thumbnails/85.jpg)
Pivotal Questions• How do we convince
farmers and ranchers that hiring an attorney is cost-effective?– We add value.– We are worth the
expense.
• How do we implement more flat fee billing structures?
![Page 86: How to Start and Grow a Food and Agriculture Law Practice](https://reader033.fdocuments.us/reader033/viewer/2022050815/5468186caf7959a2358b493d/html5/thumbnails/86.jpg)
Pivotal Questions• How can food and agriculture
lawyers have a more concerted voice among agriculture producers and agri-business owners?– “California Wine” example
• How can food and agriculture lawyers, especially those in solo or small firms, better work with one another?
![Page 87: How to Start and Grow a Food and Agriculture Law Practice](https://reader033.fdocuments.us/reader033/viewer/2022050815/5468186caf7959a2358b493d/html5/thumbnails/87.jpg)
What are the Primary Legal Needs of Food and Agriculture Clients
![Page 88: How to Start and Grow a Food and Agriculture Law Practice](https://reader033.fdocuments.us/reader033/viewer/2022050815/5468186caf7959a2358b493d/html5/thumbnails/88.jpg)
According to the Survey… • … and in my experience– Business Law• Business formations• Contracts• Leases• Trademarks• Buy-Sell Agreements• Partnership Agreements• Business/ succession planning
– Cultural roadblock• Handshake culture
![Page 89: How to Start and Grow a Food and Agriculture Law Practice](https://reader033.fdocuments.us/reader033/viewer/2022050815/5468186caf7959a2358b493d/html5/thumbnails/89.jpg)
Primary Legal Needs of the Food & Agriculture Industry
• After that, the food and agriculture community comes across a myriad of legal issues– Circling back to the first part of our presentation today: It is unrealistic
that you will have a deep understanding in all of these issues – find your niche(s)
– Know a little bit about a lot– Build relationships with those people who have that deep understanding
• Employment lawyers• Real estate lawyers• Immigration lawyers• Crop insurance disputes• Trusts and estates• Bankruptcy lawyers• Criminal lawyers• Food labeling attorneys• Transportation lawyers
![Page 90: How to Start and Grow a Food and Agriculture Law Practice](https://reader033.fdocuments.us/reader033/viewer/2022050815/5468186caf7959a2358b493d/html5/thumbnails/90.jpg)
More Questions
• Fridays with Cari Skype Calls– First Friday of the
month at 2pm ET– RSVP to
[email protected]– No charge
![Page 91: How to Start and Grow a Food and Agriculture Law Practice](https://reader033.fdocuments.us/reader033/viewer/2022050815/5468186caf7959a2358b493d/html5/thumbnails/91.jpg)
Please Stay in Touch• Send Me Snail Mail: 535 Fifth Avenue, 4th Floor, New
York, NY 10017• Call Me: (212) 427-2049 (office)• Email Me: [email protected]• Visit My Website: www.rinckerlaw.com • Read My Food & Ag Law Blog: www.rinckerlaw.com/blog• Tweet Me: @CariRincker @RinckerLaw• Facebook Me: www.facebook.com/rinckerlaw • Link to Me: http://www.linkedin.com/in/caririncker • Skype Me: Cari.Rincker