This lecture was given to Lawline- you can watch the video and get free CLE credits here: http://tinyurl.com/obqb3qj

1. How To Start and Grow a Food and
Agriculture Law Practice
Lawline
September 26, 2013
By Cari B. Rincker, Esq.

2. 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?

3. 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

4. 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

5. My Background
Moved 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.

6. 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

7. 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!

8. 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.

9. 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

10. 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

11. 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

12. 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

13. 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

14. Animal Law
• Livestock animal cruelty law
• Livestock transportation
laws
• Aquaculture
• Apiaries
• Farm dog law
• Horse trusts

15. Intellectual Property Law
• Remember that food and farm businesses
have intellectual property concerns like any
other business
– Copyrights
– Trademarks
• Design and word marks
– Patents

16. Environmental Regulations
• Concentrated Animal
Feeding Operations
– Clean Water Act
– Clean Air Act
• Wildlife protection
• Natural Resource
Conservation
Programs

17. 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

18. 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

19. Employment, Labor & Immigration Law
• Volunteer labor
– Internships
– Apprenticeships
– Community volunteers
• Employment/ Independent
Contractor Agreements
• Employment handbooks
• Migrant farm workers
• I9 Compliance
• H2A Applications

20. Miscellaneous Food Law Issues
• Food labeling (menu
labeling)
• Food safety
• Farm transportation law
• Agriculture finance and
sales
• Farm Bankruptcy

21. Miscellaneous Food Law Issues
• Direct Farm Marketing
• Cottage Food Operations
• On-Farm Poultry Slaughter
• Criminal law
• Personal injury law

22. … 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!

23. 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

24. 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?

25. Starting a Food & Agriculture Law
Practice: My Story

26. 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)

27. 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

28. 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

29. 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?

30. 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

31. 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.

32. 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

33. 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

34. Getting Clients

35. Getting Clients
• Branding
• Networking
• Advertising v.
Marketing

36. 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.”

37. What Is a “Brand?”

38. 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

39. Your Brand
• You are your brand
24/7, in everything
that you do
– Your employees are
your brand, in
everything that they
do

40. 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

41. 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

42. 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

43. 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”.

44. 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

45. 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

46. 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

47. 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

48. Advertising
• Update online
attorney directories
– Justia.com
– Avvo.com
• Helps with backlinks
and SEO

49. 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

50. Marketing
About.com
Advertising
Market Research
Public Relations
Pricing
Community Development
Customer Service
Marketing is a mixture of a lot of things-
Find the mix that works for your food &
Agriculture law practice

51. 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

52. 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/Fi
eld-Manual-Legal-Farmers-
Entrepreneurs/dp/1484965
191
…and that’s marketing.

53. Survey Says
• I did a survey with
food and agriculture
people in preparation
of a speaking
engagement in Ohio in
June 2013

54. 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

55. Which of the Following Best Describes
Your Business?
Survey Participants
Agriculture Production
Agri-Business
Food and Beverage
Industry
Other

56. How Many Lawyers Have You Worked
With Over the Last 2 Years?
zero 1 2 to 3 4 or more
0
5
10
15
20
25

57. 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.”

58. If You Needed a Lawyer, Which of the Following
Search Mechanisms Would You Most Likely Utilize?
0
5
10
15
20
25
30
35
Use an
attorney that
I already
know
Ask someone
I trust for a
referral
Ask a food or
agriculture
organization
Search
Google
Use an
attorney
search
website
Find
someone via
social media
platform
Other

59. 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.”

60. 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.”

61. 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.”

62. What is the Most Important Factor When
Deciding on a Lawyer?
0 10 20 30 40 50
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

63. 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.”

64. 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.”

65. 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.”

66. What is Your Primary Legal Need?
0
5
10
15
20
25
30
35

67. 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.”

68. Comments
• “The next generation has
taken over the farming
operation.”
• “1031 exchanges, fence
problems with neighbors.
Making them aware of the
‘right hand’ rule.”

69. Comments
• “Labor and
immigration”
• “Family matters.”
• “Water issues.”
• “Could be all of the
above.”

70. Comments
• “Legislation.”
• “Pipeline right-of-way
issues”
• “Not-profit management
advice”

71. Which of the Following Payment Methods Would You
Prefer to Use With Your Ag Lawyer?
Billable Hour Flat Fee Subscription Service Other
0
5
10
15
20
25
30
35
40
45

72. 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.”

73. 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.”

74. 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 a lawyer will just try to sell me more
legal products tha tmy business doesn't…
Other
0 5 10 15 20

75. 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.”

76. 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.”

77. 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.”

78. Comments
“Lawyers are
untrustworthy – which is
the typical view of most
farmers and ranchers.”
“No concerns really.”

79. 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.”

80. • “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?

81. 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.”

82. 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.”

83. 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.”

84. 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?

85. 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?

86. 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?

87. What are the Primary Legal Needs of
Food and Agriculture Clients

88. 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

89. 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

90. More Questions
• Fridays with Cari
Skype Calls
– First Friday of the
month at 2pm ET
– RSVP to
cari@rinckerlaw.com
– No charge

91. 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