Chapter 13 Law Office Basics, Anatomy of a Case, and Expert Testimony

• Library: Pet Law & Custody: Establishing a Worthy & Equitable Jurisprudence for the Evolving Family (ABA) (2017 Ed.)

Chapter 13 Law Office Basics, Anatomy of a Case, and Expert Testimony

"There is special providence in the fall of a sparrow."

—William Shakespeare

If you are a lawyer or other professional contemplating offering services of any kind related to pet law, begin with the premise that the case will likely be more difficult than you imagine and that a prospective or current client may undervalue your efforts and not want to pay for them. As this book demonstrates, not only is the law pertaining to pets far from settled, but personal attitudes and beliefs about companion animals will impact what happens in both expected and unexpected ways. Beyond that, no one may ever know how discretionary decisions, when applicable, are made.

It could be said that if you are a lawyer with a good reputation, your client will expect you to win, notwithstanding bad facts or the lack of predictability as to how the law is applied or decisions are made. Thus, you may be expected to read a jurist's mind as to whether they are old school or not, even if this is a case of first impression. Clients may also think that property law applications are set in stone and in their favor, while case law around the country suggests that no result can be guaranteed as the times are changing.

Do your best to reduce your clients' expectations, whatever your talent, as there are too many variables to forecast an outcome. Even the best animal law litigators in the country, many of whom try to push the envelope, have lost more cases than they have won. Even so, as you can see with the chronology of cases in different substantive areas, the jurisprudence continues to evolve and progress as the courts, who are part of a culture, contemplate change and sometimes, proclaim old precedents must be set aside.

The point is that no lawyer in this country has the magic touch to achieve any outcome; a good lawyer can help increase the odds of a good outcome. A presenting challenge is for lawyers and their clients to be on the same page regarding costly charges in a legal environment where anything can happen. Lawyers involved in these cases must, in effect, practice law defensively.

FINDING POTENTIAL CLIENTS

To find potential clients, attend events involving animals, visit social media sites that address animal issues, and give speeches on companion animal law. One way to develop your practice is to build solid relationships with people who know when a lawyer or mediator is needed. People able to make referrals to pet lawyers and mediators include doggie day-care providers, dog walkers, horse trainers, behaviorists, veterinarians, animal control officers, people working at humane events, and people involved in animal rescue, as well as people who enjoy the same types of activities and groups that you do.

Beyond basic marketing, it is wise to do a good job on the work you have. Satisfied clients are the best source of business, and over the years, your good relationships will result in a continuing stream of business opportunities.

INITIAL CONSULTATION

During the initial consultation, if the case is described as a pet custody or companion animal dispute, ask about the person's past significant relationships with animals. Get information about how the animals were acquired and what breeds they are. Instead of describing an animal as a cat, dog, or rabbit, a client may say he or she has a rescue animal, a mutt, a designer mix or cross breed, or a particular breed, such as a Schnauzer or Siamese. Most clients will be impressed if their lawyer is knowledgeable about their specific animal, and lawyers who are well informed about animals are perceived as better able to serve and advocate for their clients in companion animal disputes.

It is also important to be aware of pertinent statistics, such as the results of an American Animal Hospital Association pet owner survey. According to this research...