How to Start an Agriculture and Environmental Law Practice

How To Start an Agriculture & Environmental Law Practice

American Bar Association’s Section on the Environment, Energy & Resources (“SEER”) “Quick Teleconference”

April 9, 2013

By Cari B. Rincker, Esq.

This Will Be My Story• I’m no expert• I did some things right and

some things wrong – lessons learned

• There’s no one right way to start a law practice

• You’ll have to find what works for you

• Hopefully I can help you find YOUR story.

This is My Story• Grew up on a beef cattle

farm in Central Illinois• A.S. in Agriculture from

Lake Land College• B.S. in Animal Science

from Texas A & M• M.S. in Ruminant

Nutrition from University of Illinois

This is My Story• J.D. from Pace Law School (2007)– Certificates in Environmental Law & International

Law• Worked as a Contract Attorney in NYC (2007-

2008)• Associate at Budd-Falen Law Offices in

Cheyenne, Wyoming (2008-2009)– Environmental Law, Property Law, Land Use &

Federal Lands

This is My Story

• I read books about starting a solo law practice – Jay Foonberg, “How to Start and

Build a Law Practice” – Carolyn Elefant, “Single By

Choice”• I started following blogs about

starting a law practice– Carolyn Elefant, “My Shingle”

• I spoke to lawyers who had their own law practice

This is My Story

• I had a vision. It was still a bit fuzzy but I had a general plan.

• An agriculture law practice would capitalize on my strengths, passions, reputation and professional contacts.

This is My StoryMoved 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.

This is My Story• When I first started my practice, I worked as a

contract attorney while juggling my part-time practice– When you start, have a plan for income• Part or Full-time work• Savings• Spouse or Family

– How will you manage clients during business day?– I did the New York “hustle”

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

– Needed a “back-up lawyer”– Some malpractice insurance companies will allow financing – pay over 9 mos.

This is My StoryStarted my practice with:– PC Laptop– File Cabinet– Ground Line– Cell Phone– Printer– Microsoft Office Suite– In hindsight, I should have invested in an

accounting program immediately• I now use PC Law

This is My Story• Now, I just need clients. • My first step with marketing was

to get involved with social media– Twitter (@CariRincker @RinckerLaw)– Facebook Business Page

(facebook.com/rinckerlaw)– Food & Agriculture Law Blog (

www.rinckerlaw.com/blog)• Preferred blog within my website

rather than separate site• Wordpress platform• Awesome SEO

– LinkedIn

My Twitter background – matches my website

This is My Story• The next marketing step was to update attorney

listings– Justia– Avvo– As many attorney listings that I could find; correct

online listings• Helps with search engine optimization in multiple

ways– Backlinks– Practice area searches

This is My Story• I got my first clients– Attorney Referrals

• Take Home Lesson: When you first go out on your own, tell all your lawyer friends

– I posted an Advertisement on Craigslist.com• I only posted on Craigslist for a few months – no longer

use it• Helpful for per diem lawyers or lawyers seeking freelance

work

– I tried cold calls to lawyers• I hated it – didn’t last long• Works for some people

This Is My Story• I joined email listserves for

lawyers– Solosez– New York State Bar Association– American Agriculture Law

Association• I joined professional

organizations– Bar associations– Trade associations

• I got “out there” to let myself be known.

This is My Story• I found mentors.• I started business networking.• I took on work in other practice areas.• I got experience when I could.• I had speaking engagements.• I wrote, a lot. • I had leadership positions with

agriculture organizations• In 1 year, I had a full-time law practice

and quit working as a contract lawyer.

This is My Story

• Business 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.

– Social capital

This Is My Story• Finding Mentors– Offer to pay them for

their time/experience when needing help with cases• They might not want it

but it is a sign of respect• You want the public to

pay you for your brainpower, right?

– Find mentors in every practice area

This Is My Story• I purchased advertising

space with livestock publications and directories– Hard to say whether it has

made a difference– More than anything, I like

showing support for the organizations

– Having articles published in those publications has been better

This Is My Story• I was myself.• I was following my passion.• I was growing into my brand.• I was having fun.• I learned to enjoy working in

practice areas that I never thought I would practice in– Divorce law– Family law– Real estate

This Is My Story• I got press.• Good press breeds

more good press.• Take as many

interviews as you can. • Become a “resource.”

Photo by Lynn Irish in the ABA Journal – June 2011

This Is My Story• Leadership opportunities breed

more leadership opportunities• Chair of the ABA General

Practice Solo & Small Firm Division’s Agriculture Law Committee– Moderated CLE’s on

Crop/Livestock Insurance, Local Food Law, Employment/Labor Law

– Will moderate a CLE on Food Labeling on May 30, 2013

This Is My Story• I have used Virtual Legal

Assistants and Contract Attorneys

• I work with other lawyers on certain cases– “Back up” lawyers

• Economy of Scale– Recommend reading

“Four-Hour Work Week”

This Is My Story• I tried a “Fridays with

Cari” Webinar series on food, agriculture and family law issues– Lower attendance– Requests to make

recordings available– Valuable branding

This Is My StoryAfter 2.5 years in my law practice, I took out a “big girl” lease in Midtown Manhattan– Brick and mortar office– Additional overhead– Productivity & Efficiency– Have made more money– Developed a routine

This Is My Story• I still struggle with the right balance between

billable and non-billable work• Balancing:– Clients– Potential Clients– Business networking and introductions• BNI or business networking organizations with

nonlawyers

– Speaking Engagements– Social media

This Is My Story• Recently added Email

Marketing– Constant Contact– Careful not to spam

• Want to start video blogging

• Developed a mediation practice

This Is My StoryWill be teaching “Survey to Food & Agriculture Law” at Pace Law School – July 1-5, 2013– Open to non-Pace

students

This Is My Story• Recommend reading the book

“Never Eat Alone” by Keith Ferrazzi– I spend a lot of time building

professional relationships– People want to help people who

help them– Social capital is real – and it’s

valuable– As a professional, you are only as

good as the quality of referrals that you can give

– Thinking about starting “group lunches” on Fridays

This Is My Story• Issues I still struggle with

– Charging for initial consultations– Flat fee vs. billable hour– Charging for speaking

engagements • Travel• Speakers Fee

– How much time do I spend marketing and networking

– Cash flow- accounts receivable– Work/life balance– Branding with a dichotomy in my

practice• Food, agriculture & environmental

law• Family and matrimonial law

I did a better job in Year 3 with Work-Life Balance

This Is My Story• Long-term goals

– Hire administrative & paralegal help

– Have full-time associates– Writing a book for farmers and

food entrepreneurs– Work more with food trucks &

restaurants around NYC– Do more community outreach on

my family & matrimonial side of my practice

– Build my mediation practice– Think more about “passive income”– Subscription services– Referral lists with bar associations

Now, What’s Your Story?• What will be your “special sauce?”

– Think about your brand– Who is your target audience?– Do you have a plan for cash flow?– What will make your practice

unique?– What can you uniquely offer your

clients?• Meeting with clients at night or

weekends• Virtual Law Office• Unbundled legal services• Sliding for lower-income clients

You Don’t Have to Have All the Answers

• It’s scary to just “jump” but trust you have the ability to practice law

• Law schools don’t focus on practical skills but they teach you how to learn– You are an attorney and know how to research– Use mentors to help guide you through the

process• You are a business person first, and an

attorney second

Have Confidence, But Be Truthful• Don’t lie about your experience to potential

clients• It’s okay to tell a client that you have to

research something – that is what lawyers do• Know when to say “no” if something is out of

your competency– For example, I don’t touch farm bankruptcy or

personal injury– But have good referrals available to help that

person or business

You Can Be the Lawyer You Want To Be• There’s no more “glass ceiling”• You can practice in the areas that you want to

practice in– Oil & Gas Law– Toxic Tort Litigation– Land Use & Zoning– Wind & Solar Farms– AFO’s/CAFO’s– Federal Lands

More Questions?

“Fridays with Cari” Skype Convo on the first Friday of every month from 2-3pm ET - Skype username: Cari.Rincker- Email me to RSVP [email protected]

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