Name of Organisation:  Benavidez Law Group, P.C.
City/Country: Tucson, Arizona, USA
Type of Practitioner:  Associate Attorney (Small firm)

1. How did you become an animal law attorney?
I decided when I was in law school that I would like to incorporate my love for animals into my legal practice.  I looked into opportunities to learn about animals and the law in law school, but there were none available.  After doing some research on the Internet, I discovered the Animal Legal Defense Fund here in the United States, and formed a student chapter at my school.  Through that, I learned a great deal about the current state of animal law, and determined that I wished to contribute to its development.  I contacted an active animal lawyer in my state, and she spoke a few times at my law school.  After I graduated, I continued to work with her.  We formed an Animal Law Section for the State Bar and began offering Continuing Legal Education seminars to other attorneys.  I also joined the Board of Directors of a local animal-welfare non-profit organization.  Eventually, I began to receive inquiries through these contacts from people looking to hire an attorney to assist them with their animal issues.  Now, I have a fairly active load of animal law cases, and offer advice to other attorneys in my area on how to handle their own animal cases.

2. What are your major areas of practice within animal law?
Primarily I deal with civil actions involving animals, mostly seeking a recovery for an injury to someone's animal.  This has led me to learn a great deal about how the law in my state deals with the issue of damages in an animal case.  I also occasionally prosecute animal cruelty cases, defend owners whose dogs have bitten or attacked someone, and litigate a contract or custody dispute involving an animal.  Sometimes, I will become involved in a case regarding wildlife or livestock, but these cases do not constitute very much of my practice.

3. Describe your typical day.
I usually arrive at my office between 8:30 and 9:00 a.m.  I will spend some time reviewing my e-mails and telephone calls, and return any that are important.  Unless I have a hearing or trial in court, I then spend most of my morning working on my active cases – which often do not involve animals at all.  After lunch, which is usually spent at my desk, I will make sure that there are no e-mails or telephone calls that I must attend, and then I will continue working on my cases.  At about 4:00 or so, I will make sure that I am prepared for any hearings or trials occurring on the next day, and then I usually leave the office at about 5:00.  At least one day a week, I spend the entire day in a small town near where I live, where I am the municipal prosecutor.  Fully half to two-thirds of the rest of my time is spend preparing or responding to litigation documents, such as pleadings, motions and discovery requests.

4. How do you decide which cases to take?
Experience has taught me that the most important criterion for any case is my relationship with my client.  If my client will not listen to my advice, or will not be honest with me, then I cannot effectively do my job.  I have had several cases involving legal issues that were very important to me, in which I felt I could really advance the law in the area, but I could not accomplish any advancement because my clients would not follow my advice.  In these situations, there is a clear conflict of interest that must be avoided, and I have found that referring such cases to another attorney is the best course of action.  Beyond that, I attempt to take cases that will actually result in a profit for my client and my firm, which allows me to continue taking such cases.

5. Tell us about your greatest success to date.
My greatest monetary success was in achieving an award of $5000 (US) for my client whose dog's leg had been shot by his neighbor, requiring its amputation.  My client was found to be partially at fault, though, and his award was reduced to about $3000.  My most satisfying success has been in developing arguments that ensure that companion animals are valued fairly as members of the family, rather than as chattel.

6. What are some of the challenges you have faced?
The greatest challenges I have faced all involve proper case selection.  I have had to learn from experience not to trust everything that a client tells me, when that client is faced with criminal prosecution for his or her neglect of an animal.  I once took a case on a client's word that she was being treated unfairly and her animals were being taken away from her without reason, only to later find that she had seriously neglected those animals.  I also have had to learn to avoid cases that will consume a great amount of my time, without achieving any result for my client and without earning any fees for my firm.  I have discovered that, in the end, if I cannot turn a profit for my firm, I cannot take any animal cases at all.

7. Do you have any words of wisdom to share with Australia's budding animal lawyers?
Learn the law.  That is the best advice any lawyer can get.  Even if a particular rule, statute or case does not seem to deal with animals in any recognizable fashion, there will come a time when it may be useful.  In any case, knowing the law in general will help you to apply the law in a particular case.  Some of the caselaw that is most beneficial to me in my animal law practice has nothing whatsoever to do with animals.  Learning the law and becoming a good lawyer will teach you how to recognize when to apply non-animal law to animal cases.  Besides that, the next best thing to cultivate is an ability to understand people and make them understand you.  If you pursue an animal law practice, you will often have to explain your position to a cool audience, whether that be a judge, an arbitrator, or an insurance adjustor.  Be able to converse effectively with these people.  If you can make these two accomplishments, you will be a good attorney and an asset to the animal protection movement.

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