professions. But our modern food system
is firmly planted in the 21
to operate machinery, get precise metrics
on soil and plant health, and grow
bioengineered crops.
While the farming industry has
welcomed technology, it still shies away
from the legal profession. But attorneys
can actually provide many useful and
valuable tools to run a sophisticated
farming business. Sound legal advice is
indispensable to a farming operation's
continuity, profitability and financial
security.
operation can benefit from an attorney:
Management
proprietors. That is, they simply own
and operate their business personally.
While it might seem less complicated,
sole proprietorships are left without the
benefits and protections ensured by a
formal entity. Entities are particularly
important to insulate personal assets from
liability, take advantage of tax laws and
conduct business. Attorneys can assist by
explaining the entity options, forming the
entity and managing it.
of the agricultural operations in the
United States. Many families want to keep
the farm in the family for generations
to come, so it's important for families
to meet with an attorney and develop a
comprehensive estate plan. Not only will
an attorney make sure the transition goes
smoothly, but he or she will also ensure
that the farm's assets aren't gutted by
estate taxes.
to real estate transactions. They're
certainly helpful in matching buyers
and sellers. But attorneys are more than
capable of handling the paperwork for
property transfers, and they provide the
legal expertise that most realtors lack. If
to make a deal, call an attorney to do
the paperwork instead of working with a
realtor.
diversify and become more complex. As
they do, their insurance needs follow suit.
Attorneys can identify potential risks and
liabilities so farmers can make sure they
have adequate coverage when something
goes wrong. And what about coverage
like worker's compensation? An attorney
can determine whether operations need
specialized coverage types so they don't
get penalized for not having them.
by leasing farmland, but many fail to
memorialize the agreement in writing. In
some jurisdictions this is a risky gamble:
if the land changes hands without a lease
in place, the crops go with the new owner.
Lease agreements are an inexpensive
and easy way to protect farmers and give
landowners peace of mind. Attorneys can
draft these agreements generally, or with
the specific and unique circumstances of
each landowner in mind.
federal, state and local governments.
Keeping up with all of it can be
challenging. Some farmers may find that
handing off the task to an attorney is
an easier and more efficient option. An
Jones Obenchain, LLP in South Bend,
Indiana, practicing general civil litigation
and handling a wide array of civil matters.
She serves on the State Bar of Michigan
Agricultural Law Section Council.
202 South Michigan Street
Suite 600
South Bend, Indiana 46634
jonesobenchain.com