The Basics of Agricultural Law Firms: Common Services & Legal Assistance

What is Agricultural Law?

Agricultural law encompasses quite a broad area of the law-so broad, in fact, that people who work in this field are generally referred to as "agricultural lawyers," rather than "farm lawyers." The latter term is often used to refer to attorneys who devote their practices to more traditional farm situations (land use, financing, environmental protection, crop insurance, farm labor issues, and so on) . But agricultural lawyers also deal with industry concerns, such as negotiating and drafting sales, wholesale and distribution agreements, counseling on regulations governing food safety, food inspection, and food labeling, and working with producers, manufacturers, and retailers in the marketing and sale of goods. Farming these days is big business, as is ranching, forestry, and a broad array of related industries, all of which require the scrutiny of an attorney with an agriculture-focused practice.

Services Provided by Agricultural Law Firms

To adequately serve this growing and changing sector of the economy and its unique set of laws, an agricultural law firm must offer a wide variety of services. In addition to litigation, these may include contract negotiation, dispute resolution, assistance with regulatory compliance, estate planning to distribute property and business interests, and the formation of corporations, partnerships and limited liability companies. Perhaps the most diverse and technically complex area of practice for an agricultural lawyer is the negotiation and drafting of contracts. A skilled negotiator knows how to bridge the gap between landlord or landowner, lender, federal government agency and farmer or rancher. State governments also have vested interests in the successful operation of farms and ranches. Being able to see and evaluate all sides of an issue, agricultural lawyers can apply their business acumen and skill in the negotiating room to develop commercial contracts that work.

Reasons to Retain an Agricultural Law Firm

When it comes to navigating through the complicated web of laws and regulations that govern the agricultural sector, hiring an agricultural law firm is the key to ensuring your farm, land, or business is fully protected. These firms break down the rules and build up understanding – giving you a clear picture of what legal issues may arise, as well as a solid plan to deal with potential problems head on. This section dives into how these specialized law firms can help you better understand your rights, responsibilities, and protections as a member of the agriculture industry.
Law expertise specific to agriculture:
One of the most important reasons why farmers and ranchers should hire a specialized agricultural law firm is their extensive knowledge of the field. Many attorneys in these firms have firsthand experience and/or family ties to farming – meaning they truly understand the struggles and complexities you face on a daily basis. Many of these firms have a long history of serving the farming community, including working with producers, processors, distributors, and landowners alike to ensure that the agricultural industry continues to thrive for the next few generations.
Tailored advice for your farm or ranch:
While all agricultural law firms will focus on similar issues, such as liability, disputes, regulation compliance, and property matters, one cannot overlook the importance of finding a firm that is personal in its approach. You need to be ready to put your trust in your attorney and have a complete understanding of all your options when it comes to farm legal matters. Agricultural law firms act as partners in helping farmers and their families make well-informed and educated decisions, ultimately protecting your best interests. When handling these types of cases, your lawyer should be ready to meet you in the field – not just in their office – to ensure a comprehensive understanding of your operations and land.
Knowledge of the emerging challenges for farmers and ranchers:
There are a number of new issues affecting farmers, ranchers, and the ag-industry in general. These are not only unique to this area, but are also different than previous challenges. What worked before, might not work now. As your legal advisor, it is crucial that your attorney stays current on these issues that could impact your land, livestock, other assets, and personal property. Being able to defend yourself legally has never been more important, and these new-found complexities mean it is imperative to hire a qualified and knowledgeable attorney familiar with the local industry.
Hiring an attorney from an agricultural law firm means not only having a reliable professional you can depend on; but also, a person who understands the importance of you doing what you do best. By hiring a skilled lawyer, you can feel confident you are contracted to the most qualified parties, and can rest easy knowing that you have taken the necessary steps to ensuring your family and business will continue to succeed in the agriculture industry for years to come.

Complex Agricultural Laws Explained

Federal and state agricultural regulations can be tough to navigate. That is because these regulations deal with the entire supply chain, encompassing everything from growing crops to raising livestock to delivering food products to grocery stores and restaurants. Navigating the web of regulations that governs North American agriculture requires counsel and advice.
The right agriculture law firm can help clients comply with complex food safety regulations designed to protect the public from harm and keep potential pathogens out of the food supply. These regulations provide guidance for growers on fertilizer and pesticide use, seed treatment, irrigation, water and soil testing, even worker safety and animal welfare. Food processing and distribution facilities must also comply with food safety standards set by food industry and regulatory organizations. With an experienced agricultural lawyer on your side, you can work to ensure your business meets all of the complex regulations governing your operation.
Agricultural law firms can also help you keep up with government policies that affect farming and ranching businesses. Legislative and regulatory developments at both the state and federal level impact everything from water quality to labor regulations to air quality. The right law firm can guide you through the complex world of ever changing agricultural regulations and requirements so that you can keep your business running smoothly.
The right agricultural law firm can also guide you through environmental sustainability regulations, which require producers to follow rules relating to clean water and soil conservation. These programs help prevent soil erosion, protect wildlife habitats, and preserve tillable lands. Complying with these environmental laws can be complicated, and working with an experienced agricultural law attorney can help you navigate the permitting process and ensure your farm is in compliance with these regulations.

Case Studies: Agricultural Law Issues

Client: A large produce grower faced an unexpected federal government audit regarding possible pesticide misuse. The client was concerned about how it would affect business and whether any positive relationships with customers and suppliers would be damaged.
Law Firms’ Role: Ponderosa legal counsel worked with multiple agricultural agencies to resolve the issue. We helped gather facts to resolve the question of pesticide usage and then counseled the client on how to avoid such issues in the future.
Client: Large dairies and producer-distributors are looking for methods to reduce the impact of rising health care costs on employees, while several are seeking to replace an ERISA plan that has become cost-prohibitive.
Law Firms’ Role: Ponderosa Angel Law & Public Policy helped their clients set up HSAs or HSOPs . We assisted in the fundamental steps of establishment of these plans via a 549H and qualified a trust to hold the assets of the plans. We helped ensure that proper documents were filed to create and terminate the plans and that accounts were established for the employees. Through the process we dealt with all IRS filings and handled PBGC issues.
Client: A citrus grower purchased land from an identified party and later received a notice of violation from the Board of Equalization regarding payment of the taxes associated with the property.
Law Firms’ Role: Ponderosa Angel Law & Public Policy worked with the County Assessor that made the erroneous tax assessment. We worked to set aside the taxes assessed based on the attorney’s right to rely on the indemnification clause in the grant deed and satisfied the auditor-controller that the matter had really been paid twice.

How to Select an Agricultural Law Firm

When selecting an agricultural law firm, there are key factors to consider to ensure that the firm has the right level of experience and expertise to meet the specific legal needs of the agricultural business. One key aspect to consider is the reputation of the law firm within the agricultural industry. How long have they been practicing agricultural law in your jurisdiction? Do they have positive testimonials from other clients in the agricultural sector? Have you checked online reviews and feedback from other farmers or agricultural businesses they have represented?
It’s also important to know whether the law firm takes an interest in the agricultural sector, not only as attorneys but as advisors. For example, they may approach members of large and small operations and ask them to sit down and have coffee or lunch to understand their needs. In addition, being involved in organizations such as AALA (Agricultural & Business Law Section of the American Bar Association), AALF (Association of Agricultural Litigation Firms), and local and state chapters of these organizations, or other professional groups focused on agricultural law, can demonstrate a law firm’s commitment to serving the needs of the agricultural community. These groups also provide great resources, including agricultural books and seminars, which provide additional value to clients.
It’s also worth asking if the law firm has a reputation for providing proactive solutions instead of just reacting to problems. For instance, do they facilitate meetings between clients and their lenders or help clients prepare for any upcoming mediations? Do they assist clients with long-term business planning and provide suggestions on how to best maximize internal resources? Do they sit down with clients to help them look at their overall business structure and provide legal advice on how to make it more efficient and less costly?
These factors—experience, industry reputation, proactivity, and commitment—can play a significant role in your decision when it comes to choosing an agricultural law firm.

Developing Trends in Agricultural Law

As we look toward the future of agricultural law, several trends are worthy of attention: As technology continues to advance, its integration into farming practices will undoubtedly raise new legal considerations. From data privacy issues related to smart farm technology and IoT devices to questions of liability for autonomous farming equipment, the intersection of technology and agriculture will continue to evolve. Innovations in biotechnology will also carry implications for agriculture. As the use of gene-editing technologies like CRISPR-Cas9 become more commonplace, farmers and ranchers will need legal counsel knowledgeable in this area to navigate patent and licensing agreements and other regulatory hurdles . Advances in blockchain technology will find their way into ag, creating a need for legal expertise in this emerging field. The efficient and transparent tracking of products through the supply chain, plus the ability to perform transactions in real-time, will prompt more adoption of blockchain in agri-food sectors. Sustainable agriculture is not just an industry buzzword, but a legal category in the making. Environmental laws, employment regulations, tax incentives, and agricultural subsidies all impact the legal considerations of sustainable farming. Biotech, carbon offsets, and fair trade are not just pricing mechanisms and marketing tools, they have legal ramifications as well.