There was an excellent column by Animal Law pioneer Bruce Wagman in the latest issue of the ABA's Animal Law Committee newsletter. The column details three common misconceptions that attorneys unfamiliar with Animal Law concepts often bring to cases involving animals. Bruce points out that attorneys often suffer from "legal reverse speciesism" -- the misconception that non-human animals can be treated just like humans in court, for example by naming your client's dog as a plaintiff. At the other extreme, he notes that attorneys will often overlook the special features of animals, and treat them like other forms of property in court. Finally, Bruce notes that attorneys are often unfamiliar with the depth of the Animal Law field's body of work, and overlook important developments in case law, statutes, and regulations that may affect their cases.
"Certainly the animal law field needs more good women and men doing the legal work on behalf of animals—the sentiment is that there is a large amount of change needed and that it will not come without continued work in the courts and in the houses of the legislature. So newcomers with an interest in and a willingness to learn are not only welcome, they are vital to the growth of the field." -- Bruce Wagman
Bruce notes that he is not seeking to discourage attorneys from taking on animal cases, but rather trying to caution attorneys to make sure that they have the appropriate tools to take on Animal Law cases: "Certainly the animal law field needs more good women and men doing the legal work on behalf of animals—the sentiment is that there is a large amount of change needed and that it will not come without continued work in the courts and in the houses of the legislature. So newcomers with an interest in and a willingness to learn are not only welcome, they are vital to the growth of the field. The ideas put forth in this article are not meant to keep new lawyers from entering the animal law ranks, or taking on cases in some of the more challenging areas—but only to note that it is important to move slowly and carefully, to review treatises and case law, and to seek out the input and advice of those already well-versed in the area, in order to ensure the best representation for clients, and the best chance at a positive outcome."
Bruce has a ton of experience in these cases, and knows where he is coming from. I found the column very well-written, and would encourage anyone considering becoming involved in a legal case involving an animal (whether as a party or as an attorney) to read it.
Bruce has a ton of experience in these cases, and knows where he is coming from. I found the column very well-written, and would encourage anyone considering becoming involved in a legal case involving an animal (whether as a party or as an attorney) to read it.
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