People hire lawyers for all kinds of things: defense, personal injury, libel, collections, real estate, immigration—the list is endless. But few think of lawyers in terms of pets. As it turns out, though, there are attorneys who actually specialize in animal law. According to at least one animal lawyer, animal law is now one of the fastest growing legal fields as more and more people feel that animals are worthy of rights.
So, what exactly does animal law entail? Is it just for pets, or are wild, food-producing, and performing animals included? How is animal law shaping legislation, and when would you need an animal lawyer?
History of Animal Law
Animal law is a relatively new and definitely non-traditional field, though many state and local bar associates have animal law committees, and it is taught in at least 117 American and 7 Canadian law schools, including Harvard. Lewis & Clark Law School publishes the Animal Law Review, the first journal devoted to animal law issues, and many other schools have followed suit. The Animal Law Review even offers an annual symposium for the discussion of animal law topics both in the U.S. and internationally.
The first organization dedicated to animal law, The Animal Legal Defense Fund, was founded in 1979 and the field has grown significantly since then, particularly with the increasing influence of animal rights groups.
Scope
Animal law overlaps numerous areas of traditional law, including criminal cases for cruelty, medical and product research, pet custody, trust and estate planning for animal care after death, veterinary malpractice, animal control, animals used in entertainment, animals raised for food, housing disputes regarding animals, and general animal welfare. More recently, animal law has expanded to include defense of animals that are to be put down after harming humans or other animals. The field includes all animals, wild or domesticated, not just pets or animals kept in captivity.
Legislation
Although you might not be inclined to hire a lawyer to represent your dog or cat, if you think about legislation that pertains to animals, then animal law doesn’t seem so fringe. Pet cruelty laws are an obvious example, but animal law legislation also encompasses things like dogfighting, banning small crates for farm animals, rodeo and circus regulations, hoarding, dissection, hunting laws, wildlife preservation, humane euthanasia, feral cat laws, and more. Much legislation regarding animals is for the benefit of humans, but recently, animal legislation—and the interpretation of those laws in court—has focused on the welfare and rights of the animals themselves, recognizing that they are feeling, sentient creatures.
Recent Animal Law Cases
Most animal law does not involve hiring a lawyer for your pet, but that is exactly what happened in one recent case. A Savannah, GA pit bull named Kno will be represented by judge-appointed attorney Claude M. Kicklighter in his trial set for October 25. Kno is charged with attacking five-year-old Wesley Frye, resulting in paralysis and scarring on the right side of the child’s face. Although the law does not require that Kno be represented—in fact, it’s rather unusual—the judge appointed Kicklighter in the interests of fairness since Kno is essentially facing the death penalty. Kicklighter, who has taken the case on a pro bono basis, will also represent Kno’s owners, Larry and Julie Long.
Last year a fisherman in Zurich, Switzerland was sued by animal lawyer Antoine Goetschel after being brought up on criminal charges for torturing a 22-pound pike. Goetschel, who represented the late pike, argued that taking 10 minutes to land the fish with a hook through its mouth amounted to cruelty. Goetschel lost the case, though if the fish had been a puppy he might have won.
Many animal law cases are a result of a municipal removal orders for a large group of animals in an overcrowded housing situation. Typically these cases would have resulted in the seizure and euthanasia of the animals, but more recently, organizations such as Lawyers in Defense of Animals (LIDA), have begun representing rescue groups in court to obtain the necessary time to find foster or permanent homes for evicted animals. LIDA attorneys also represent animals, particularly pit bulls, that are wrongly killed or injured by police officers.
1 comment
Barb
Let the Michael v. thing along, it is done and over for his behavior. Move on. If you want to help them, just do it. Why not work on or come up with something that really help their owners and them together. Like over cost of medical services. The damn IRS letting people present proof of medical bills. Anyone out there want to start or start a platform, I am with you.