If you are unsure about hiring a lawyer for your Wisconsin farm, you’re not alone. Across the United States, farmers express uncertainty about working with attorneys. Many farmers say they are skeptical that an attorney will be helpful. [i] People often feel that attorneys are intimidating. It can be challenging to find “the right one.”[ii]
Read on for tips to find, interview, and select the right attorney for your farm’s legal needs.
Competence
It is not possible for any one attorney to be an expert in every legal subject. The law is complex and constantly changing. However, in rural communities where there are fewer attorneys available to meet the public’s many legal needs, attorneys might find it necessary to engage in “general practice.” General practice is a type of legal practice where an attorney handles a variety of legal issues. In contrast, another attorney may be able to limit their practice to a specific legal topic where they can be a subject matter expert.
When selecting an attorney, consider the complexity of your legal need and the level of expertise that your farm may need. While all legal needs are important, some situations may require deeper knowledge or more support than others. For example, a farm with complex regulatory requirements, a multitude of owners, and complicated tax structures may need a different level of service than a less complicated operation.
All Wisconsin attorneys must provide competent representation to a client. Competent representation requires the legal knowledge, skill, thoroughness, and preparation reasonably necessary for the representation.[iii] An attorney should not agree to take on work which they are not qualified to do. Yet, you should feel comfortable that the attorney you choose has the right experience and knowledge to help you.
When looking for a lawyer, first consider the area(s) of law in which the lawyer works. Are you looking for…[iv]
- An estate planning attorney to help you make a plan (think wills, trusts, and powers of attorney, among other things) in the event of your injury or death or to assist with probate,
- An elder law attorney to help with Medicaid planning or protecting assets from the nursing home,
- A business succession attorney to help you transfer the farm to the next generation of owners and managers,
- A real estate attorney to assist with buying or selling a piece of farmland,
- A family law attorney to assist with a marriage, divorce, or child custody dispute,
- A civil litigation attorney to file or defend a lawsuit,
- An employment, labor, or immigration attorney for employment matters,
- A tax lawyer to help with a dispute with the Internal Revenue Service (IRS) or Department of Revenue (DOR) or to otherwise help you plan for your taxes,
- A bankruptcy or debt relief attorney to assist you with a difficult financial situation caused by excessive debt, or
- A collections attorney to help you collect payment from those who owe you money?
Knowing the ‘lingo’ that lawyers may use to describe themselves and their work can help you sort through legal advertisements and websites to find an attorney that might have experience in serving your legal need. Begin to compile a list of those attorneys.
To continue your research, seek recommendations from other farmers and professionals that you work with. This may include your banker, accountant, tax preparer, or others in the agricultural industry. Ask those individuals, “Have you worked with a farm attorney?” “What type of work did they do for you?” “Would you recommend that person to others?” Use these conversations to add more names to your list of potential attorneys.
When you are ready to begin interviewing the attorneys on your list, prepare a list of questions that you’d like to ask them to determine if they are a good fit. Here are some ideas to get you started:
- What area of law is your specialty? What other areas of law do you work in?
- What is your experience working on issues like mine?
- Are there other attorneys or staff who would be working on my file?
- What would working with you on this issue look like?
- Based on my brief description of my legal need, what are some issues you think we may need to address?
Don’t be surprised if your first call is fielded by a paralegal, legal secretary, or receptionist. These legal staff members play an important role in facilitating your legal service. It is often helpful to be courteous and willing to speak with these staff members both when working to schedule an initial call with the attorney and throughout your time as a client.
During initial conversations, you may be able to get a sense of the attorney’s experience, knowledge, and general ability to serve your legal need. If you are still skeptical that an attorney will be helpful after having a conversation, consider sharing your concern with them or interviewing other attorneys.
Communication
Communication is also key to good legal representation.
During your first phone call, you should provide the names of others involved with the situation so that the attorney or firm can do a ‘conflict check.’ Attorneys may not represent a client if that client’s representation would be directly opposed to another client, so they may need other individuals’ or businesses’ names to confirm they can represent you.[v]
You should also discuss with your attorney (or potential attorney) how you will communicate with one another. Will we meet in person, via phone, or virtually? Will you provide updates or responses in a meeting, phone conversation, or email? How often should I expect to hear from you?
You can ask about timelines for the work that you request. If you have a clear deadline, like a court hearing or a real estate closing, share that information with the lawyer right away. Alternatively, some work, like farm succession or estate planning, may be more open-ended. You can ask the attorney for a general timeline to set your expectations, or you may wish to work with the attorney to set regular meetings or target dates by which to accomplish various tasks or steps. The attorney may advise you about which steps need to come first as you are setting a timeline.
Communication is also a two-way street.
Consider how you will present your legal need in your initial phone call. You may have limited time in which to tell the attorney or staff member what type of representation you are looking for. Do you need estate planning or civil litigation? Divorce or real estate? Be prepared to give (a) a brief description of the help you need and (b) relevant details of the situation.
You may want to prepare notes before phone calls or meetings. These notes can help ensure that you share all relevant details with the attorney. Otherwise, it may be easy to forget in the heat of the moment.
Finally, prioritize communication. If you don’t feel comfortable communicating with your attorney, you may not share all the details necessary for the attorney to help you. Good service depends on you and your attorney being able to communicate comfortably.
Cost
Some farmers may avoid seeking legal services because they worry about the cost.[vi] When choosing an attorney, it is okay and even expected that you will discuss the attorney’s fees. A few questions you might ask are:
- Do you charge an hourly rate or a flat rate?
- If hourly, what is your hourly rate?
- Do you require an initial deposit or retainer?
- If you do require an initial deposit or retainer, how or when do disbursements from that deposit/retainer occur?
- If I am concerned about costs, how can we manage those costs to keep them in a range where I am comfortable?
- Do you have an estimate of what this work will cost?
Hourly billing rates can vary significantly. A 2024 survey of private law firms revealed hourly billing rates ranging from $100 per hour to $2,225 per hour.[vii] Median rates for various groups ranged from $375 per hour to $563 per hour. Rates may vary based on experience levels, geographic location, degree of specialization, and other factors.
Legal services may be considered a necessary cost of doing business. Farms must navigate a complex landscape of regulations, contracts and potential disputes. Legal advice can be crucial for compliance and risk management. While legal services can be expensive, lawyers provide guidance which can contribute to the long-term stability and success of the business. You may wish to consider legal services as not just an expense, but a strategic investment in the company’s future.
Conclusion
Finding a lawyer for your farm may be a process. You should consider the competence, communication, and cost of a lawyer to choose the right service provider. While the process may take time, don’t let that deter you from getting the legal services that your farm needs and deserves.
Looking for more on finding a Wisconsin farm succession professional? Check out a Worksheet for Interviewing Professionals for Farm Succession Planning.
The Wisconsin Farm Bureau Federation has developed a list of Wisconsin farm attorneys. You can also find attorneys located in your county with the State Bar of Wisconsin’s Lawyer Search.
Curious how many attorneys are located in your county? Take a look at page 12 of the American Bar Association’s 2020 Profile of the Legal Profession.
References
[i] Endres, A. B., Johnson, S. B., Uchtmann, D. L., & Silvis, A. H. (2010). The Legal Needs of Farmers: An Analysis of the Family Farm Legal Needs Survey. Montana Law Review, 71(1), 135-155.
[ii] Erlanger, Howard. (2019). Materials for Trusts and Estates I. University of Wisconsin Law School, 2-1.
[iii] Wisconsin Supreme Court Rule 20:1.1.
[iv] This list is not exhaustive.
[v] Wisconsin Supreme Court Rule 20:1.7.
[vi] Endres, A. B., Johnson, S. B., Uchtmann, D. L., & Silvis, A. H. (2010). The Legal Needs of Farmers: An Analysis of the Family Farm Legal Needs Survey. Montana Law Review, 71(1), 135-155.
[vii] Law360 Pulse. (2024). Compensation at Law Firms 2024. Retrieved from https://assets.law360news.com/1871000/1871443/law360_pulse-compensation_law_firms-2024.pdf
