GREENWICH, N.Y. — When we think about farming, we do not always think about the legal aspects associated with it. We tend to think more about the day-to-day work of caring for animals, tending fields, and keeping a close eye on the weather. However, there are a lot of legal aspects that go into running a farm, which is why farmers need good agricultural lawyers.
Whether you own a large farm or a small farm, you have to adhere to a plethora of federal and state laws that apply directly to agriculture and some that apply to businesses in general. If you are not aware of all these laws, you can get your farm in trouble. Read on to learn more about why your farm needs proper representation by a good agricultural lawyer and how you can protect your farm from harm.
Why Farmers Need Lawyers
As an agricultural business owner, you need to be prepared for unexpected legal issues as well as aware of long-term growth strategies. It takes a lot of hard work and knowledge to not only produce your products but also distribute and market them. An agricultural attorney or lawyer can help you with the day-to-day basics by ensuring you are in compliance with legal requirements and help you secure any benefits provided by federal and/or state governments.
In fact, an agricultural lawyer can do quite a bit for your farm. They can help protect your rights and operations from environmental groups, anti-GMO organizations, and animal rights activists by ensuring you have a legal voice in issues that pertain to you. Lawyers can advise on agritourism to help you diversify your profits. Plus, they can provide legal assistance for land transactions such as buying/selling real estate, land trusts, land leases, and land use issues.
Farm-Specific Issues That Require Attorneys
To be more specific about certain issues that may require an agricultural attorney, here are a few examples.
- Denial of a crop insurance claim
- Denial of farm benefit programs
- Distribution of farm assets due to divorce
- Farm/farmland transition within or outside the family
- Grazing rights on federal land
- Land border disputes
- Leasing land/equipment
- Pesticide drift
- Planning to pass the farm on to the next generation
- Repossession of farm equipment
- Tax problems involving the farm
The list goes on with several ways agricultural lawyers can help you with various legal concerns, but they do not just help with agricultural-specific issues. They also can be quite helpful for business-related issues that happen on the farm.
Business Specific Issues
Farms are businesses. As such, farms sometimes run into legal issues that do not necessarily have to do with farming. Things like the structure of your farming business and proper representation in litigation are important aspects an attorney can help you with. Also, they can help with more of the day-to-day aspects like employee contracts and employment law matters.
How to Find a Good Ag Lawyer
Not just any attorney or lawyer will get the job done right for your farm. You need someone with the correct experience and knowledge to guarantee your valuable farm is in good hands. You should start by asking for references from other farmers in the area and doing in-depth research on every lead before accepting them as your lawyer. Here are some things to look for in an agricultural lawyer.
Experience With Farms
Agricultural legal work is a very complex endeavor. Working with a lawyer familiar with the legal aspects of farming is the key to being represented well. Ask potential lawyers how long they have worked in the agricultural legal field and if they typically work with individuals or companies. You should also ask what sorts of legal matters they most often address and make sure they have a fair amount of knowledge on the legal matters you need help with. Having a great Ag lawyer who knows nothing about the legal matter you are facing does you no good.
Can Provide Good References
The lawyer/attorney you choose should be able to provide a list of references of other farmers proving they are experienced in the agricultural industry. Experience is key in ag law. Find someone who is confident in their knowledge of your situation and is open about what they don’t know and will need to look up. Even the best lawyers don’t know everything, so do not hire someone who claims that they do. Instead, hire an honest person who has great references.
Trustworthy
Trust your gut. You need to be able to trust the lawyer you hire. They will be handling private financial documents, and you will need to be able to explain sometimes embarrassing situations. If you do not trust your lawyer to advocate for you, then you need to find a different lawyer that you do trust to get the job done.
Where to Find an Ag Attorney
If this is your first time looking for legal representation as a farm, you can go to your state’s bar association website to see a list of potential lawyers in your area. For example, if you go to the New York State Bar Association website and go to the “Public Resources” tab then click “Lawyer Referral Services,” you can find an attorney by filling out a quick form.
You can also talk to other farmers to see who they have used as lawyers in the past, ask a trusted farm organization, ask a lawyer you already know if they know of any Ag lawyers, or you can even call a law school clinic related to farming to see if they have referrals.
Protect Yourself With Records
If you ever need a lawyer or attorney for something pertaining to your farm, you will be in better shape if you can provide documentary evidence related to the issue at hand. As farmers, we often take an informal approach to things, trusting our neighbors and community. This can work for some, but all it takes is one bad egg to ruin it. That is why it is important to keep thorough written records of dealings with creditors, lenders, government agencies, buyers, suppliers, and all customers (even your neighbors and farming friends).
Most disputes about things such as contracts, sales, leases, or even purchases are the result of two honest parties having different understandings of the agreement. To prevent this from happening, it is best to always have things thoroughly written out.
Records are important not only for litigation purposes but also for things such as:
- Applying for loans
- Obtaining dairy, livestock, or crop insurance
- Participating in farm support programs
- Participating in state and federal programs (i.e. disaster recovery relief)
There is a common misconception that farmers who get everything in writing are expecting problems and/or want to go to court. The truth is that having everything written protects farmers in the rare case that they do have a serious problem. It is a little like having insurance.
Tips for Keeping Good Records
Being told to keep records does not do you any good unless you know what records you should be keeping. Here are a few tips to help ensure you are keeping thorough records that can help you down the road if you ever run into any problems.
- Keep copies of all documents (paper, emails, videos, photos)
- Document every important contact with lenders, creditors, suppliers, buyers, and customers
- Verify what is sent or received by mailing via certified mail and requesting a return receipt or by bringing two copies of a letter to a person and having them write “received” on both with the date and their signature
- Document telephone calls and conversations in writing
- Take pictures or videos
When keeping copies of documents, make sure they are securely stored and backed up by a reputable service if they are stored online. You should keep all copies of things such as loan agreements, purchase and sales receipts and invoices, and promissory notes. Be sure to note on them the date they were signed, sent, or received.
If you need to document a phone call, write a letter or email to the caller immediately that includes their name, the date of the call, and what was said. The letter needs to include a statement that the conversation described in the letter will be presumed correct if no written response is received in a certain number of days.
Farmers Need Agricultural Lawyers
Agricultural law is complex and ever-evolving. Staying in compliance as your business grows and expands is key to continued success. Having a good agricultural lawyer or attorney can help keep your farming business growing steadily and legally for years to come.
Whether you need litigation help, advice, or are looking to pass your land onto someone else, an agricultural lawyer can help. Be sure to keep good records and do your research before selecting an attorney or lawyer. You never know how much a good lawyer can save you until you are put in a position where you need one.
–Lila Nolan
Morning Ag Clips