There are over 1.86 million farms, ranches, and agribusinesses operating within the United States. Each business, large or small, navigates a complex array of laws and regulations.
…and here’s the thing…
Many people don’t understand that there are different types of lawyers who focus on distinct aspects of business law. And choosing the wrong type of lawyer can cost your business thousands (or more).
Attorneys and lawyers have dozens of different specialties. Each one handles very specific legal services.
Knowing which type of lawyer covers which subjects is critical for protecting your operation. Especially when that law revolves around agricultural commodities.
In this article you’ll discover:
- Why You Should Care About Legal Specializations
- A Quick Breakdown of Agricultural Commodities Law
- How Different Types of Lawyers Stack Up
- Tips for Hiring The Right Lawyer
Why You Should Care About Legal Specializations
Just like medicine, law specializes because there’s simply too much to know for any individual person to cover it all. Cardiac surgeons don’t treat broken legs, and you shouldn’t seek a bankruptcy lawyer to handle your real estate needs.
Let’s dig into why this matters for your business:
Imagine you need a contract reviewed. You’d hire a business lawyer to do so. They may have knowledge in intellectual property law, but that doesn’t mean they specialize in water rights.
When it comes to anything related to agricultural commodities law, having a professional agriculture attorney who knows the ins and outs of crop insurance, trade compliance, USDA regulations and commodity futures is essential. That’s not what most business lawyers handle.
There are 1.88 million farms in the U.S. as of 2024. That means there are a lot of lawyers who focus specifically on agricultural law because farm operations need them.
After all, why would a lawyer who focuses on automotive commerce law know anything about farm commodity regulations?
Moral of the story: Every farmer, rancher and agribusiness owner should care about legal specialization. Make sure you hire the right specialist for your problem.
A Quick Breakdown of Agricultural Commodities Law
Out of all the different types of lawyers, agricultural commodities attorneys are some of the most complex. Not only do they have to understand basic business law, but also commodities trading, federal trade laws and how crop futures work.
You should care about agricultural commodities law because:
The farming industry is currently being rocked by retaliatory tariffs from importers. The CSIS estimates tariffs enacted since 2018 have cost U.S. agriculture $27 billion in exports. When trading commodities becomes this disrupted, it’s important to know who to call to handle your legal needs.
Some of the common legal tasks agricultural commodities lawyers handle include:
- Commodity trading disagreements between buyers, sellers and brokers
- Regulatory compliance against USDA, EPA, and state guidelines
- Land use disputes and water rights issues
- Tariffs and trade concerns
As mentioned before, if your legal matter doesn’t touch on one of those things. You likely don’t need an agricultural commodities attorney.
How Different Types of Lawyers Stack Up
Ag law is just one specialization. There are plenty of other attorneys who handle different aspects of business and personal law. Let’s break down how common legal specialties stack up against each other.
Business and/or Corporate Law
Business lawyers help companies get formed, run properly, and structured correctly. They cover contracts, shareholder lawsuits, mergers and acquisitions.
How are they different from ag law specialists? Business lawyers focus on commerce in general. Things like intellectual property, business structure and selling a company. They typically don’t know much about agricultural commodities.
Real Estate Law
Real estate lawyers help you buy property, settle title disputes and work with zoning legality. A farm or ranch may hire a real estate lawyer when purchasing land. But they won’t consult on anything agricultural related.
Land is different from what you do on the land.
Environmental Lawyers
As you might have guessed, these lawyers handle legal issues around pollution, emissions, land conservation and natural resources. There is some crossover between agricultural lawyers and environmental lawyers. Things like water rights and pesticides affect both sides.
Environmental law is broad. Ag commodities law is not.
Tax Lawyers
Yep, there’s a specialty for tax-related needs as well. Tax lawyers focus on federal and state tax codes and helping clients file appropriately. A farmer or rancher should absolutely seek tax law counsel.
But tax lawyers don’t focus on commodity trading contracts or even US Farm Bureau guidelines.
Don’t think you have to just pick one lawyer. Many farm operations work with multiple specialists. Your tax lawyer can handle taxes. An agricultural commodities lawyer can consult on trade recommendations. Meanwhile a business lawyer handles the legal formation of the company itself.
Tips for Choosing The Right Lawyer
Figuring out who the right lawyer is can be simple. But it does require you to think about what your operation really needs. Let’s walk through how to pick who to hire.
First, Ask yourself what legal problem do you need to solve? Is your issue contract related? Do you need a tax lawyer to help file an extension? Are you having trade issues that need to be resolved?
Figuring out what you need fixes is half the battle. From there you can start researching which lawyer specializes in that particular area of law.
Secondly, find a lawyer with agricultural experience. You want someone who has either worked with a farm or ranch before or at least knows the industry well.
Most local farmers have a handful of lawyers they can recommend. Talk to your neighbors and see who they trust to handle legal matters.
Third, Ask them about past case examples. A quality lawyer should be able to provide you with previous case examples that they’ve either won or settled. That way you’ll know your lawyer has a track record of helping their clients.
The Bottom Line
Lawyers don’t go to school for 7 years just to tell you they can’t help with your legal issue. If they don’t specialize in the area your business needs assistance with, they’ll direct you to someone who does.
Not all lawyers are created equal. Don’t be afraid to pick up the phone and ask around when your operation has a legal matter that needs resolved.
Agriculture is facing more legal challenges now than ever before. Trade policy is constantly shifting. Tariffs come and go with changing administrations. Environmental regulations are always evolving as farming technology does the same.
Different types of lawyers exist for a reason. Learn about them, and use them to your advantage.