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How To Start an Agriculture &
    Environmental Law Practice
American Bar Association’s Section on the Environment,
 Energy & Resources (“SEER”) “Quick Teleconference”
                    April 9, 2013

                By Cari B. Rincker, Esq.
This Will Be My Story
• I’m no expert
• I did some things right
  and some things wrong
  – lessons learned
• There’s no one right
  way to start a law
  practice
• You’ll have to find what
  works for you
• Hopefully I can help
  you find YOUR story.
This is My Story
• Grew up on a beef cattle
  farm in Central Illinois
• A.S. in Agriculture from
  Lake Land College
• B.S. in Animal Science
  from Texas A & M
• M.S. in Ruminant
  Nutrition from University
  of Illinois
This is My Story
• J.D. from Pace Law School (2007)
  – Certificates in Environmental Law & International
    Law
• Worked as a Contract Attorney in NYC (2007-
  2008)
• Associate at Budd-Falen Law Offices in
  Cheyenne, Wyoming (2008-2009)
  – Environmental Law, Property Law, Land Use &
    Federal Lands
This is My Story
• I read books about starting a
  solo law practice
   – Jay Foonberg, “How to Start and
     Build a Law Practice”
   – Carolyn Elefant, “Single By
     Choice”
• I started following blogs about
  starting a law practice
   – Carolyn Elefant, “My Shingle”
• I spoke to lawyers who had
  their own law practice
This is My Story
• I had a vision. It was
  still a bit fuzzy but I had
  a general plan.
• An agriculture law
  practice would
  capitalize on my
  strengths, passions,
  reputation and
  professional contacts.
This is My Story
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.
This is My Story
• When I first started my practice, I worked as a
  contract attorney while juggling my part-time
  practice
  – When you start, have a plan for income
     • Part or Full-time work
     • Savings
     • Spouse or Family
  – How will you manage clients during business day?
  – I did the New York “hustle”
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)
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
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
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?
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
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
   – Needed a “back-up lawyer”
   – Some malpractice insurance companies
   will allow financing – pay over 9 mos.
This is My Story
Started my practice with:
  – PC Laptop
  – File Cabinet
  – Ground Line
  – Cell Phone
  – Printer
  – Microsoft Office Suite
  – In hindsight, I should have invested in an
    accounting program immediately
     • I now use PC Law
This is My Story
• Now, I just need clients.
• My first step with marketing was
  to get involved with social media
   – Twitter (@CariRincker
     @RinckerLaw)
   – Facebook Business Page
     (facebook.com/rinckerlaw)
   – Food & Agriculture Law Blog
     (www.rinckerlaw.com/blog)
       • Preferred blog within my website
         rather than separate site          My Twitter background –
       • Wordpress platform                 matches my website
       • Awesome SEO
   – LinkedIn
This is My Story
• The next marketing step was to update attorney
  listings
  – Justia
  – Avvo
  – As many attorney listings that I could find; correct
    online listings
• Helps with search engine optimization in multiple
  ways
  – Backlinks
  – Practice area searches
This is My Story
• I got my first clients
   – Attorney Referrals
      • Take Home Lesson: When you first go out on your own, tell
        all your lawyer friends
   – I posted an Advertisement on Craigslist.com
      • I only posted on Craigslist for a few months – no longer use
        it
      • Helpful for per diem lawyers or lawyers seeking freelance
        work
   – I tried cold calls to lawyers
      • I hated it – didn’t last long
      • Works for some people
This Is My Story
• I joined email listserves for
  lawyers
   – Solosez
   – New York State Bar
     Association
   – American Agriculture Law
     Association
• I joined professional
  organizations
   – Bar associations
   – Trade associations
• I got “out there” to let
  myself be known.
This is My Story
• I found mentors.
• I started business networking.
• I took on work in other practice
  areas.
• I got experience when I could.
• I had speaking engagements.
• I wrote, a lot.
• I had leadership positions with
  agriculture organizations
• In 1 year, I had a full-time law
  practice and quit working as a
  contract lawyer.
This is My Story
• Business 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.
  – Social capital
This Is My Story
• Finding Mentors
  – Offer to pay them for
    their time/experience
    when needing help with
    cases
     • They might not want it
       but it is a sign of respect
     • You want the public to
       pay you for your
       brainpower, right?
  – Find mentors in every
    practice area
This Is My Story
• I purchased advertising
  space with livestock
  publications and
  directories
   – Hard to say whether it
     has made a difference
   – More than anything, I like
     showing support for the
     organizations
   – Having articles published
     in those publications has
     been better
This Is My Story
• I was myself.
• I was following my passion.
• I was growing into my
  brand.
• I was having fun.
• I learned to enjoy working
  in practice areas that I
  never thought I would
  practice in
  – Divorce law
  – Family law
  – Real estate
This Is My Story
• I got press.
• Good press breeds
  more good press.
• Take as many
  interviews as you can.
• Become a “resource.”
                           Photo by Lynn Irish in the
                           ABA Journal – June 2011
This Is My Story
• Leadership opportunities
  breed more leadership
  opportunities
• Chair of the ABA General
  Practice Solo & Small Firm
  Division’s Agriculture Law
  Committee
   – Moderated CLE’s on
     Crop/Livestock Insurance, Local
     Food Law, Employment/Labor
     Law
   – Will moderate a CLE on Food
     Labeling on May 30, 2013
This Is My Story
• I have used Virtual Legal
  Assistants and Contract
  Attorneys
• I work with other
  lawyers on certain cases
  – “Back up” lawyers
• Economy of Scale
  – Recommend reading
    “Four-Hour Work Week”
This Is My Story
• I tried a “Fridays with
  Cari” Webinar series
  on food, agriculture
  and family law issues
  – Lower attendance
  – Requests to make
    recordings available
  – Valuable branding
This Is My Story
After 2.5 years in my law
practice, I took out a “big
girl” lease in Midtown
Manhattan
   –   Brick and mortar office
   –   Additional overhead
   –   Productivity & Efficiency
   –   Have made more money
   –   Developed a routine
This Is My Story
• I still struggle with the right balance between
  billable and non-billable work
• Balancing:
  – Clients
  – Potential Clients
  – Business networking and introductions
     • BNI or business networking organizations with
       nonlawyers
  – Speaking Engagements
  – Social media
This Is My Story
• Recently added Email
  Marketing
  – Constant Contact
  – Careful not to spam
• Want to start video
  blogging
• Developed a
  mediation practice
This Is My Story
Will be teaching
“Survey to Food &
Agriculture Law” at
Pace Law School
  – July 1-5, 2013
  – Open to non-Pace
    students
This Is My Story
• Recommend reading the
  book “Never Eat Alone” by
  Keith Ferrazzi
   – I spend a lot of time building
     professional relationships
   – People want to help people
     who help them
   – Social capital is real – and it’s
     valuable
   – As a professional, you are
     only as good as the quality of
     referrals that you can give
   – Thinking about starting
     “group lunches” on Fridays
This Is My Story
• Issues I still struggle with
    – Charging for initial consultations
    – Flat fee vs. billable hour
    – Charging for speaking
      engagements
        • Travel
        • Speakers Fee
    – How much time do I spend
      marketing and networking
    – Cash flow- accounts receivable
    – Work/life balance
    – Branding with a dichotomy in my
      practice                                I did a better job in Year 3 with Work-Life Balance
        • Food, agriculture & environmental
          law
        • Family and matrimonial law
This Is My Story
• Long-term goals
   – Hire administrative & paralegal
     help
   – Have full-time associates
   – Writing a book for farmers and
     food entrepreneurs
   – Work more with food trucks &
     restaurants around NYC
   – Do more community outreach on
     my family & matrimonial side of my
     practice
   – Build my mediation practice
   – Think more about “passive income”
   – Subscription services
   – Referral lists with bar associations
Now, What’s Your Story?
• What will be your “special
  sauce?”
   – Think about your brand
   – Who is your target audience?
   – Do you have a plan for cash flow?
   – What will make your practice
     unique?
   – What can you uniquely offer your
     clients?
       • Meeting with clients at night or
         weekends
       • Virtual Law Office
       • Unbundled legal services
       • Sliding for lower-income clients
You Don’t Have to Have All the Answers
• It’s scary to just “jump” but trust you have the
  ability to practice law
• Law schools don’t focus on practical skills but
  they teach you how to learn
  – You are an attorney and know how to research
  – Use mentors to help guide you through the
    process
• You are a business person first, and an
  attorney second
Have Confidence, But Be Truthful
• Don’t lie about your experience to potential
  clients
• It’s okay to tell a client that you have to
  research something – that is what lawyers do
• Know when to say “no” if something is out of
  your competency
  – For example, I don’t touch farm bankruptcy or
    personal injury
  – But have good referrals available to help that
    person or business
You Can Be the Lawyer You Want To Be
• There’s no more “glass ceiling”
• You can practice in the areas that you want to
  practice in
  – Oil & Gas Law
  – Toxic Tort Litigation
  – Land Use & Zoning
  – Wind & Solar Farms
  – AFO’s/CAFO’s
  – Federal Lands
More Questions?
“Fridays with Cari”
Skype Convo on the
first Friday of every
month from 2-3pm ET
 - Skype username:
Cari.Rincker
- Email me to RSVP
cari@rinckerlaw.com
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

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How to Start an Agriculture and Environmental Law Practice

  • 1. How To Start an Agriculture & Environmental Law Practice American Bar Association’s Section on the Environment, Energy & Resources (“SEER”) “Quick Teleconference” April 9, 2013 By Cari B. Rincker, Esq.
  • 2. This Will Be My Story • I’m no expert • I did some things right and some things wrong – lessons learned • There’s no one right way to start a law practice • You’ll have to find what works for you • Hopefully I can help you find YOUR story.
  • 3. This is My Story • Grew up on a beef cattle farm in Central Illinois • A.S. in Agriculture from Lake Land College • B.S. in Animal Science from Texas A & M • M.S. in Ruminant Nutrition from University of Illinois
  • 4. This is My Story • J.D. from Pace Law School (2007) – Certificates in Environmental Law & International Law • Worked as a Contract Attorney in NYC (2007- 2008) • Associate at Budd-Falen Law Offices in Cheyenne, Wyoming (2008-2009) – Environmental Law, Property Law, Land Use & Federal Lands
  • 5. This is My Story • I read books about starting a solo law practice – Jay Foonberg, “How to Start and Build a Law Practice” – Carolyn Elefant, “Single By Choice” • I started following blogs about starting a law practice – Carolyn Elefant, “My Shingle” • I spoke to lawyers who had their own law practice
  • 6. This is My Story • I had a vision. It was still a bit fuzzy but I had a general plan. • An agriculture law practice would capitalize on my strengths, passions, reputation and professional contacts.
  • 7. This is My Story 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.
  • 8. This is My Story • When I first started my practice, I worked as a contract attorney while juggling my part-time practice – When you start, have a plan for income • Part or Full-time work • Savings • Spouse or Family – How will you manage clients during business day? – I did the New York “hustle”
  • 9. 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)
  • 10. 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
  • 11. 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
  • 12. 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?
  • 13. 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
  • 14. 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 – Needed a “back-up lawyer” – Some malpractice insurance companies will allow financing – pay over 9 mos.
  • 15. This is My Story Started my practice with: – PC Laptop – File Cabinet – Ground Line – Cell Phone – Printer – Microsoft Office Suite – In hindsight, I should have invested in an accounting program immediately • I now use PC Law
  • 16. This is My Story • Now, I just need clients. • My first step with marketing was to get involved with social media – Twitter (@CariRincker @RinckerLaw) – Facebook Business Page (facebook.com/rinckerlaw) – Food & Agriculture Law Blog (www.rinckerlaw.com/blog) • Preferred blog within my website rather than separate site My Twitter background – • Wordpress platform matches my website • Awesome SEO – LinkedIn
  • 17. This is My Story • The next marketing step was to update attorney listings – Justia – Avvo – As many attorney listings that I could find; correct online listings • Helps with search engine optimization in multiple ways – Backlinks – Practice area searches
  • 18. This is My Story • I got my first clients – Attorney Referrals • Take Home Lesson: When you first go out on your own, tell all your lawyer friends – I posted an Advertisement on Craigslist.com • I only posted on Craigslist for a few months – no longer use it • Helpful for per diem lawyers or lawyers seeking freelance work – I tried cold calls to lawyers • I hated it – didn’t last long • Works for some people
  • 19. This Is My Story • I joined email listserves for lawyers – Solosez – New York State Bar Association – American Agriculture Law Association • I joined professional organizations – Bar associations – Trade associations • I got “out there” to let myself be known.
  • 20. This is My Story • I found mentors. • I started business networking. • I took on work in other practice areas. • I got experience when I could. • I had speaking engagements. • I wrote, a lot. • I had leadership positions with agriculture organizations • In 1 year, I had a full-time law practice and quit working as a contract lawyer.
  • 21. This is My Story • Business 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. – Social capital
  • 22. This Is My Story • Finding Mentors – Offer to pay them for their time/experience when needing help with cases • They might not want it but it is a sign of respect • You want the public to pay you for your brainpower, right? – Find mentors in every practice area
  • 23. This Is My Story • I purchased advertising space with livestock publications and directories – Hard to say whether it has made a difference – More than anything, I like showing support for the organizations – Having articles published in those publications has been better
  • 24. This Is My Story • I was myself. • I was following my passion. • I was growing into my brand. • I was having fun. • I learned to enjoy working in practice areas that I never thought I would practice in – Divorce law – Family law – Real estate
  • 25. This Is My Story • I got press. • Good press breeds more good press. • Take as many interviews as you can. • Become a “resource.” Photo by Lynn Irish in the ABA Journal – June 2011
  • 26. This Is My Story • Leadership opportunities breed more leadership opportunities • Chair of the ABA General Practice Solo & Small Firm Division’s Agriculture Law Committee – Moderated CLE’s on Crop/Livestock Insurance, Local Food Law, Employment/Labor Law – Will moderate a CLE on Food Labeling on May 30, 2013
  • 27. This Is My Story • I have used Virtual Legal Assistants and Contract Attorneys • I work with other lawyers on certain cases – “Back up” lawyers • Economy of Scale – Recommend reading “Four-Hour Work Week”
  • 28. This Is My Story • I tried a “Fridays with Cari” Webinar series on food, agriculture and family law issues – Lower attendance – Requests to make recordings available – Valuable branding
  • 29. This Is My Story After 2.5 years in my law practice, I took out a “big girl” lease in Midtown Manhattan – Brick and mortar office – Additional overhead – Productivity & Efficiency – Have made more money – Developed a routine
  • 30. This Is My Story • I still struggle with the right balance between billable and non-billable work • Balancing: – Clients – Potential Clients – Business networking and introductions • BNI or business networking organizations with nonlawyers – Speaking Engagements – Social media
  • 31. This Is My Story • Recently added Email Marketing – Constant Contact – Careful not to spam • Want to start video blogging • Developed a mediation practice
  • 32. This Is My Story Will be teaching “Survey to Food & Agriculture Law” at Pace Law School – July 1-5, 2013 – Open to non-Pace students
  • 33. This Is My Story • Recommend reading the book “Never Eat Alone” by Keith Ferrazzi – I spend a lot of time building professional relationships – People want to help people who help them – Social capital is real – and it’s valuable – As a professional, you are only as good as the quality of referrals that you can give – Thinking about starting “group lunches” on Fridays
  • 34. This Is My Story • Issues I still struggle with – Charging for initial consultations – Flat fee vs. billable hour – Charging for speaking engagements • Travel • Speakers Fee – How much time do I spend marketing and networking – Cash flow- accounts receivable – Work/life balance – Branding with a dichotomy in my practice I did a better job in Year 3 with Work-Life Balance • Food, agriculture & environmental law • Family and matrimonial law
  • 35. This Is My Story • Long-term goals – Hire administrative & paralegal help – Have full-time associates – Writing a book for farmers and food entrepreneurs – Work more with food trucks & restaurants around NYC – Do more community outreach on my family & matrimonial side of my practice – Build my mediation practice – Think more about “passive income” – Subscription services – Referral lists with bar associations
  • 36. Now, What’s Your Story? • What will be your “special sauce?” – Think about your brand – Who is your target audience? – Do you have a plan for cash flow? – What will make your practice unique? – What can you uniquely offer your clients? • Meeting with clients at night or weekends • Virtual Law Office • Unbundled legal services • Sliding for lower-income clients
  • 37. You Don’t Have to Have All the Answers • It’s scary to just “jump” but trust you have the ability to practice law • Law schools don’t focus on practical skills but they teach you how to learn – You are an attorney and know how to research – Use mentors to help guide you through the process • You are a business person first, and an attorney second
  • 38. Have Confidence, But Be Truthful • Don’t lie about your experience to potential clients • It’s okay to tell a client that you have to research something – that is what lawyers do • Know when to say “no” if something is out of your competency – For example, I don’t touch farm bankruptcy or personal injury – But have good referrals available to help that person or business
  • 39. You Can Be the Lawyer You Want To Be • There’s no more “glass ceiling” • You can practice in the areas that you want to practice in – Oil & Gas Law – Toxic Tort Litigation – Land Use & Zoning – Wind & Solar Farms – AFO’s/CAFO’s – Federal Lands
  • 40. More Questions? “Fridays with Cari” Skype Convo on the first Friday of every month from 2-3pm ET - Skype username: Cari.Rincker - Email me to RSVP cari@rinckerlaw.com
  • 41. 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