Katrina Sharman, Bruce Wagman, Adam Karp and Geneva Page at the ALDF's "The Future of Animal Law" Conference at Harvard Law School, March/April 2007

In recent history, lawyers have played a pivotal role in social justice through their involvement in the anti-slavery, human rights and environmental movements. They have also been integral in securing greater justice for women, children, indigenous communities and people with disabilities. The animal protection movement represents another social justice area in which lawyers can make a difference.

Animal law is fast emerging as a legitimate area of legal practice and an increasing number of law graduates and experienced lawyers are expressing an interest in applying their written, analytical and problem solving skills to a career in animal law.

This is a wonderful development for animals; however opportunities to work in this cutting edge area are currently more limited than in ‘traditional’ legal areas of practice because as we know, our clients can’t pay us or even thank us in the conventional way.

The good news is that there is no single template that will equip you to practice advocacy for animals. With passion, creativity and determination you can chart your own path and possibly be part of a legal team which secures fundamental changes for animals!

The Center for Animal Law Studies (US) has a web page which highlights a variety of academic programs (courses) that may be of particular relevance, depending on your proposed career track. Also, for information about where to expand your knowledge and qualifications in Australian animal law, as an undergraduate or a postgraduate, please follow this link.

The following are a few of our ideas about how to integrate animal law into your legal career:

If you work at a big or middle sized law firm, volunteer to do pro bono

• Many large law firms have pro bono or community investment programs which permit their lawyers to spend a proportion of their time on community service activities. If you work for a large or middle-sized law firm with such a program, we suggest that you notify the coordinators of the program about your interest in animal law.Many firms see pro bono opportunities as a benefit that they can provide to their staff and will seek to accommodate the interests of individual lawyers. If your firm is unfamiliar with the breadth and scope of animal law matters, please invite them to contact us for further information.

• Some of the advantages of working on animal law matters in a large law firm are:

• you have all the benefits of working for a large firm, eg. access to some of the best resources, staff, training, technology etc;
• you can ‘test the water’ to see if you like animal law while still gaining exposure to other areas of practice;
• salaries are typically higher and there is much less financial risk than starting your own legal practice; and
• you can pursue your interest in social justice without sacrificing your exposure to sophisticated legal work and ‘top-end’ clients.

• Some of the disadvantages of working on animal law matters in a large law firm are:

• working with ‘top-end’ clients may give rise to conflicts of interest, eg. if you oppose the factory farming of animals you may be uncomfortable to have clients involved in agribusiness;

• budgetary and time pressures may limit your level of involvement; and

• your immediate supervisor and peers may not share your interest in animal protection pro bono work (of course this phenomenon is not unique to large law firms).

An increasing number of Australian law firms now view animal law matters as meeting the 'public interest test' on the basis that they may involve issues of broad community concern which affect the marginalised or vulnerable in society. The following firms have advised us that they provide opportunities to practice animal law through their pro bono or community service programs: Arnold Bloch Leibler, DLA Phillips Fox, Gilbert & Tobin, Allens Arthur Robinson, Minter Ellison and Optim Legal (please note this list is a work in progress). Opportunities may also be provided by other firms through their involvement with PALS@PILCH. If you are aware of other firms that practice animal law, please let us know.

‘Skill up’ as a lawyer at a small firm with a view to starting your own legal practice in the future

• Working as a lawyer at a small firm provides opportunities for hands-on, practical experience. It may also require you to assume responsibility for a range of matters in the civil and/or criminal procedure area. Due to limited staff numbers you may find that you have a greater level of client contact, which can help you develop the skills you need if you decide to open your own animal law practice.
• Working in a small firm may also expose you to the ‘business’ and ‘practice’ of law – including case management, document management, marketing, technology, accounting and staffing issues. This knowledge may prove invaluable if you decide to become a sole practitioner, specialising in animal law.
• You may be fortunate enough to work for a small firm that is willing to take on pro bono or reduced fee animal law matters. If so, and if your law firm is based in New South Wales, be sure to make contact with the Law Society of NSW’s Solicitor Referral Service or Pro Bono Scheme.  You might also wish to offer your professional assistance to Australia's first Animal Welfare Community Legal Centre (AWCLC), the Northern Rivers Community Legal Centre (NRCLC) animal law project or PALS@PILCH. Find out more about the AWCLC, NRCLC and PALS@PILCH on our Legal Advice page.
  

Setting up an animal law practice

• Right now, we know of few sole practitioners focusing on animal law in Australia. If you know of any, please contact us! This contrasts with the US, where a growing number of lawyers are choosing to specialise in animal law. Follow this link to an example Attorney Referral List.
• If you are aiming to open you own animal law practice you should consider the kind of animal law work that you want to get involved in. Animal law encompasses many legal issues including but not limited to the following:

• Litigation for farm animals and animals used in sport or entertainment;
• Freedom of Information work (accessing documents which may facilitate our understanding of the extent, and manner in which, so many animals are suffering today);
• Tort law (defending animal activists, cases for wrongful death, nuisance, veterinary malpractice etc);
• Criminal law (defending animal activists, cases concerning prosecutions under state and territory anti-cruelty acts);
• Consumer protection law (pursuing acts of misleading or deceptive advertising by companies that sell animal products);
• Administrative law (challenging Ministerial and Departmental decisions as well as agency rules and regulations that affect animals' fundamental interests); 
• Dangerous dog cases;
• Family law - pet custody battles;
• Constitutional law/ standing issues;
• Estate planning (for pets);
• Intellectual property disputes (relating to the use of animals in research); and
• Product liability cases (concerning the death or disablement of animals).

• As a lawyer interested in advancing the interests of animals, you might feel that farm animal advocacy should be your primary focus since it is the cause of suffering to billions of animals around the world today. However, it is important to consider the financial viability of working solely on these matters, given that many such actions are likely to be brought on behalf of non-profit organisations on a pro bono or reduced fee basis.
• As discussed above, some animal lawyers in the US have established practices focused solely on animal law or discrete areas within animal law; however others have developed diverse civil and criminal law practices which provide financial security while still enabling them to focus on animal law matters from time to time.

Get to know your animal protection organisations

• Irrespective of whether you decide to make animal law the focus of your practice, we encourage you to establish connections with non-profit and charitable animal protection organisations. Liaising with these groups is likely to enhance your understanding of current issues in the animal protection movement. Many such groups provide opportunities to engage in policy work. They may also help you identify prospective opportunities for advancing the interests of animals. Please follow this link for an example of cases undertaken by one US law firm that has acted for a wide range of animal protection organisations.
• There are currently few opportunities for lawyers to practise animal law in-house in Australia. In fact Voiceless is the only animal protection organisations that has engaged in-house counsel full time. This situation may well change in the future. In the meantime, why not visit some of the US websites that are accessible from Voiceless's legal page, such as the Animal Legal Defense Fund or the Center for Animal Law Studies (US), where you will find a range of job opportunities in the animal law field.  You can also follow this link to read a career profile on Voiceless's Corporate Counsel.

Other ways to advance a career in animal law

• Become an expert

• As the pool of animal lawyers in Australia is still very small, there are many opportunities to become an expert in this emerging legal area. If you feel particularly passionate about an area of animal law, why not research it, form your own views, get published and get your name out as the number one practitioner or scholar in your area of interest! If you became a lawyer because you wanted to facilitate change and help bring greater justice to animals, this may be an avenue for you.
• The Center for Animal Law Studies (US) has a detailed list of potential ‘specialist’ areas, many of which are also applicable to the practice of animal law in Australia. You can view the list here.

• Work for a Government Department – Government departments are involved in creating and administering a range of laws that relate to the use of animals for food, sport, hunting, research and more. Due to the nature of these jobs, there are likely to be few opportunities to advocate for animals in the work environment; however the position may enable you to acquire a sound working knowledge of, and experience in, some areas of animal law.

incorporating animal law in your career:

• If you are a politician, consider including animal protection amongst your areas of focus;
• If you are a barrister, consider developing an expertise in animal protection law. You might wish to offer your services to PALS@PILCH or alternatively, please contact us;
  
• If you are an in-house lawyer working for a corporation or the government, consider engaging in an animal law project through the National Pro Bono PI Insurance Scheme; or
• If you are a university academic, consider expanding your teaching and research areas to include animal law.

One advantage that animal protection lawyers have over some legal practitioners is that our work is work of the heart as well as the mind.  We are more likely to be passionate, dedicated and successful in our legal practice because it reflects our belief system.  

Remember that with thoughtful, strategic lawyering, you can find a way to bring a voice to the voiceless. Good luck on your animal law career path and please keep us informed!

Did you like this article? Share it!