How to Hire an Agriculture Attorney or Advisor
1. Match their agricultural niche, commodity experience, and regulatory knowledge
Agriculture covers many specialties, farm succession, land use and zoning, water rights, environmental compliance (wetlands, nutrient management, pesticide regulation), commodity contracts, crop insurance, FSA/USDA programs, labor (H-2A seasonal workers), and farm credit/finance. Tell candidates exactly what you produce (row crops, specialty vegetables, permanent crops, dairy, poultry, livestock, hemp, cannabis, aquaculture) and ask for examples of recent matters in that same commodity and scale (family farm vs. large CAFO vs. corporate grower). Confirm they know the specific federal and state rules that matter: USDA program eligibility and appeals (FSA, NRCS, crop disaster), specifics of crop insurance claims and reinsurance disputes, EPA pesticide labeling and FIFRA enforcement, Clean Water Act/NGP issues for runoff, state nutrient management plans, endangered species consultations, and local zoning/Right-to-Farm protections. For regulated crops (hemp, cannabis), verify licensing experience, seed-to-sale tracking compliance, and interactions with both state regulators and banking/financial institutions. The more their past work mirrors your operations, the fewer costly compliance surprises you’ll face.
2. Require documented, practical case examples and connections to technical experts and agencies
Ask for redacted transaction files, contracts, administrative appeal briefs, or consent decrees that show how the attorney handled issues like easement negotiations, farm succession trusts, crop-share lease drafting, buyer-seller commodity disputes, or USDA program appeals. Request at least three client references in the same state and commodity; contact them to ask about outcomes, timeliness, and the attorney’s practical problem-solving (did they negotiate indemnities, restructure leases, or secure emergency program relief?). Verify the attorney’s network: do they regularly work with agronomists, veterinarians, environmental consultants, crop adjusters, irrigation engineers, and CPAs who understand farm accounting and estate tax issues? Also confirm direct lines to relevant agencies (local NRCS/USDA offices, state departments of agriculture, extension agents) and experience handling agency inspections, Notices of Violation, or administrative hearings. Practical local contacts and proven coordination with technical experts often save more money than legal fees alone.
3. Insist on a clear scope, phased fees tied to outcomes, and operational support for compliance and risk management
Get a written engagement that breaks down scope (e.g., lease negotiation only; full farm succession plan including estate tax projections; defense of EPA enforcement with negotiated remediation plan) and identifies who will perform the work (partner, associate, paralegal). For fees, prefer stage-based or hybrid arrangements: flat fees for discrete documents or filings (lease, easement, NPDES permit application), capped fees for defined phases (due diligence and closing), and hourly/back-end success fees for litigation or appeals. Explicitly allocate third-party costs (expert witnesses, appraisals, surveyors) and require advance authorization thresholds for expenses exceeding a set amount. Demand deliverables tied to operational use: compliance checklists (pesticide application logs, worker housing records, migrant labor documentation), a calendar of critical deadlines (insurance claim notice windows, USDA program sign-up dates, permit renewal deadlines), and templates (customized leases, W-9/1099 advice, manure management plans). Finally, confirm communication protocols (regular status updates, emergency contact for spill/incident response), who will coordinate with your insurance carrier and lenders, and whether they will train staff on recordkeeping or run tabletop exercises for regulatory inspections, these practical supports reduce legal exposure and keep the farm running during disputes.
