Agriculture Lawyers
What is Agriculture Law?
Agriculture law includes any law, state, federal, or local, that impacts the operations of an agricultural business. This includes big agribusinesses and small farms, produce growers, dairy farmers, chicken and egg producers, and even vineyards and businesses that raise bees. Laws that affect agriculture address things like:[1]
- Pesticide use
- Water rights
- Land use and zoning
- Environmental issues
- Animal abuse
- Estate planning
- Contracts
- Labor and unions
- Migrant workers
- Patents
What Do Agriculture Lawyers Do?
Lawyers specializing in agriculture work with farmers and agricultural businesses. They have extensive knowledge of the law but also know the agriculture industry. They combine these two areas of expertise to help farmers with everything from taxes and business deals to environmental regulations, permitting, and conservation easements.
When Do I Need an Agriculture Lawyer?
If you have a family farm, are just beginning a related business, or are part of a large company that handles agricultural products, you may need a lawyer for several reasons. You may need a lawyer when a legal problem arises, such as a contract dispute with another farm. It’s a good idea to work with someone knowledgeable in the industry long before there is a problem. Here are some examples of situations in which you may need an agriculture lawyer:
- You are just starting a farming business and need legal and business advice.
- You’re expanding your farm, acquiring new land, or getting into a new area of agriculture.
- You need to plan your estate for the next generation of your family farm.
- A contract dispute arises with another farmer, a supplier, or a distributor.
- You want to stay in compliance with state and federal guidelines for farms, pesticide use, raising animals, and other agricultural issues.
- You want to lease land for farming or lease your land to someone.
- Some of your land may have resources another company wants to lease, such as oil or minerals.
- There are labor issues with your farmworkers.
What Are the Benefits of Working with an Agriculture Lawyer?
If you’re a farmer, your time is precious. You likely work morning to night most of the year. So why should you spend some of that valuable time consulting with an agriculture lawyer? It’s best to work with a lawyer before you have a legal problem for several reasons:
- Protect your investment
Advanced legal planning protects the big investment you make in a farm. A lawyer can help you avoid problems, which can be costly. They can save you money in the long run with expert advice on business deals and legal issues. Farming is a risky business, but a lawyer can help you mitigate risk. - Plan for the future
A lawyer can help you dream big and plan your business. This is especially true for family farmers who hope to pass their farms on to the next generations. Running it like a business now is essential for protecting a farm for the future. - Make smart deals
Your expertise is on the land, while a lawyer understands laws and business deals. The right lawyer can advise you on making business deals with other farmers, landowners, suppliers, distributors, retailers, and more. - Stay in compliance
Many different laws and regulations apply to farming, from how you care for animals to disposing of waste materials. You need to comply to avoid fees and other issues, and a lawyer can help you do that. - Litigate when necessary
Much of what an agriculture lawyer does is planning for the future and preventing problems before they happen. When something does go wrong, when you have a dispute you can’t settle, a lawyer can also take the other party to court and fight on your behalf.
How to Find an Agriculture Lawyer
A search online will turn up several attorneys and firms claiming to specialize in agricultural law. However, there are better ways to find a lawyer you know has the experience and expertise to work with farmers.
Start by talking to other farmers. Network with people in your industry to get recommendations. You can also contact farm organizations for a referral. Your state bar organization and any lawyers you know also have valuable connections and information about lawyers who specialize in agriculture in your area.
Hiring the Right Lawyer
Finding a lawyer with an agricultural specialty is not that difficult. What’s more challenging is finding an attorney you feel good about working with for years to come. Start with a list of agriculture lawyers and narrow it down by asking questions and interviewing them. Here are some important factors to consider when choosing an agriculture lawyer:
- The lawyer should make you feel comfortable talking to them and confident in their abilities.
- You should feel as if the lawyer has time for you. Are they difficult to contact? Do they take too long to respond to you? These are red flags.
- Choose someone with real experience working with farmers. They should be able to give you client references and examples of satisfied farming clients.
- They should also have particular experience with the issues that concern you. A lawyer who has only ever worked with large agribusinesses may not be the best choice for a small family farmer.
- You should feel good about their fees, and the lawyer should be open and clear about what they are.
Once you have selected a lawyer, build a good working relationship so they can help you for years. This means being honest and open, providing them with the information they need to do their job, responding readily and being communicative, and paying legal bills on time.
An agriculture lawyer is a huge asset to anyone trying to do business in the risky industry of agriculture. Family farms especially operate on thin margins, so it’s important to plan for the future and prevent catastrophes by planning and working with a lawyer.