How to Start and Grow a Food and Agriculture Law Practice
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How To Start and Grow a Food and Agriculture Law Practice
LawlineSeptember 26, 2013
By Cari B. Rincker, Esq.
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?
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
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
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.
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
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!
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.
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
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
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
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
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
Animal Law
• Livestock animal cruelty law• Livestock transportation
laws• Aquaculture• Apiaries• Farm dog law• Horse trusts
Intellectual Property Law
• Remember that food and farm businesses have intellectual property concerns like any other business– Copyrights– Trademarks• Design and word marks
– Patents
Environmental Regulations• Concentrated Animal
Feeding Operations– Clean Water Act– Clean Air Act
• Wildlife protection• Natural Resource
Conservation Programs
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
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
Employment, Labor & Immigration Law
• Volunteer labor– Internships– Apprenticeships– Community volunteers
• Employment/ Independent Contractor Agreements
• Employment handbooks• Migrant farm workers• I9 Compliance• H2A Applications
Miscellaneous Food Law Issues
• Food labeling (menu labeling)
• Food safety• Farm transportation law• Agriculture finance and
sales• Farm Bankruptcy
Miscellaneous Food Law Issues
• Direct Farm Marketing• Cottage Food Operations• On-Farm Poultry Slaughter• Criminal law• Personal injury law
… 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!
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
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?
Starting a Food & Agriculture Law Practice: My Story
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)
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
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
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?
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
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.
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
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
Getting Clients
Getting Clients
• Branding• Networking• Advertising v.
Marketing
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.”
What Is a “Brand?”
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
Your Brand
• You are your brand 24/7, in everything that you do– Your employees are
your brand, in everything that they do
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
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
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
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”.
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
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
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
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
Advertising
• Update online attorney directories– Justia.com– Avvo.com
• Helps with backlinks and SEO
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
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
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
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.
Survey Says
• I did a survey with food and agriculture people in preparation of a speaking engagement in Ohio in June 2013
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
Which of the Following Best Describes Your Business?
Survey Participants
Agriculture ProductionAgri-BusinessFood and Beverage In-dustryOther
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
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.”
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
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.”
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.”
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.”
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
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.”
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.”
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.”
What is Your Primary Legal Need?
0
10
20
30
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.”
Comments
• “The next generation has taken over the farming operation.”
• “1031 exchanges, fence problems with neighbors. Making them aware of the ‘right hand’ rule.”
Comments• “Labor and
immigration”
• “Family matters.”
• “Water issues.”
• “Could be all of the above.”
Comments
• “Legislation.”
• “Pipeline right-of-way issues”
• “Not-profit management advice”
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
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.”
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.”
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
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.”
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.”
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.”
Comments
“Lawyers are untrustworthy – which is the typical view of most farmers and ranchers.”
“No concerns really.”
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.”
• “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?
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.”
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.”
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.”
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?
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?
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?
What are the Primary Legal Needs of Food and Agriculture Clients
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
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
More Questions
• Fridays with Cari Skype Calls– First Friday of the
month at 2pm ET– RSVP to
cari@rinckerlaw.com– No charge
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: cari@rinckerlaw.com• 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
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