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    Animal Law Section Flexing Its Wings, CLE to Cover Trends, Issues

    By Adam Karp

    In 2002, the WSBA Board of Governors formed the Animal Law Section, making Washington the third state in the nation, after Texas and Michigan, to offer such a sub-organization. Today, the number of state sections has risen to 12. In November 2004, the ABA formed an Animal Law Committee as part of the Torts and Insurance Practice Section.

    In 2003, the Animal Law Section launched its first annual, all-day CLE, drawing an impressive estimate of 100 attendees. Since then, the section has teamed up each year with WSBA-CLE to offer lawyers, veterinarians, law enforcement and animal control officials, and other interested citizens continuing legal education in the diversified animal law field.

    On April 21 at the Convention Center in Seattle, you are invited to attend the 4th Annual Animal Law CLE. The spectacular lineup includes panels on rarely covered subjects from a variety of practice areas.

    • Presentations looking at animal law in extremis, evaluating government and civil liability for managing natural disasters (Hurricane Katrina) and for foodborne or animal-borne illnesses (E. coli; mad cow), as well as the law pertaining to rescuers of animals during evacuations. Sche-duled speakers include Dana Camp-bell (ALDF), Chicago attorney Amy Breyer and David Babcock of Marler Clark.
    • Animal issues in landlord-tenant law, from the landlord and tenant perspective. Joining us are Hong Tran (Northwest Justice Project), Elizabeth Powell, Evan Loeffler and Linda Brosell (Seattle Housing Authority).
    • Rob Roy Smith will speak on the unique tribal law perspectives in a marriage of Indian law and animal law.
    • Our 2005--2006 legislative and judicial update will be presented by Gordon Walgren and Adam Karp and will address the latest developments at the Washington, Ninth Circuit and Supreme Court/congressional levels.
    • Given the prevalence of dog-bite litigation, we invited John Muenster to speak on police dog-bite liability, Frank Shoichet to address ways to circumvent Frobig in succeeding in dog-bite claims against landlords and Jim Lynch to discuss defense strategies for household dog bites.
    • In the final segment, Corrie Yackulic will look at animal testing from the perspective of admissibility under Daubert in the context of Vioxx litigation, as well as tort liability for drug companies relying on animal trials to establish human safety in a case brought by Physicians Committee for Responsi-ble Medicine against Merck Pharma-ceuticals.

    Also in 2003, Seattle University School of Law became the first Washington law school to offer an animal law course. The next year, the University of Washington School of Law followed suit. This year, both law schools have re-offered the course. It is believed that Gonzaga University will complete the process of institutionalizing animal law education by providing a course this year or the next. Today, more than 60 law schools offer animal law in their curricula.

    Our numbers remain steady at between 100 and 125, but we are always looking for more members. Dues are $25 a year. In addition to gaining access to our attorneys-only animal law listserve (there is an attorney and non-attorney listserve as well), members receive our quarterly newsletter containing articles on animal law, enlightening practitioner notes and international animal law news items.

    The section anticipates seeking clarification from the Board of Governors as to the extent to which GR 12 (the political commentary rule) guides our position-taking opportunities. For instance, every year numerous animal-related bills are considered in Olympia. Our Legis-lative Committee hopes to structure a quick-response team to not only analyze and take positions on proposed legislation, but also to generate our own model bills.

    We also are nurturing our Law School Liaison Committee by sponsoring law students from any Washington school seeking to participate in animal-law-related competitions. For instance, our section sponsored Seattle University student Elaine Conway for the National Animal Advocacy Closing Argument Competition at Harvard Law School in February.

    Our Section’s goal is to encourage animal legal education around the state with half-day and mini-CLEs at our annual meetings. At our latest annual meeting, Elyette Weinstein (Department of Health Staff Attorney) and Doug Weigel spoke on disciplinary proceedings before the Veterinary Board of Governors, and Corrie Yackulic spoke on concentrated animal feeding operations (“CAFOs”). We offered free dinner and 1.5 CLE credit to any attendees.

    Lastly, we have been striving to engage our Public Education Committee by creating public service announcements (triptych-style handouts, radio spots, TV) on various germane issues in an easily accessible format, in multiple languages. Such topics include: Estate Planning and Pets (discussing Ch. 11.118 RCW); Veterinaries, Medical Records, and Liens; Dogbite Liability (Ch. 16.08 RCW); Animal Cruelty (Ch. 16.52 RCW); Lost & Found Pets, and several other areas.

    We are looking for individuals with a passion for animals. The section has always encouraged participation by those with differing views. Animal law is not a univocal area of practice and not restricted to animal rights by any means.

    After all, lawyers working for dairy farmers, agribusiness, research institutions and other animal use industries are practicing animal law. Lawyers defending veterinarians before the disciplinary board and drafting boarding and breeding contracts are also performing animal law services. Indeed, even the lawyer who simply loves his dog, but otherwise handles mergers and acquisitions, should join our section if only out of allegiance to his four-legged friend. n


    Adam P. Karp is owner of Animal Law Offices in Bellingham. He practices animal law exclusively statewide. Karp founded the WSBA Animal Law Section and first taught animal law at U.W. and S.U. He is vice-chair of the ABA Animal Law Committee and editor of the Animal Welfare & Law Enforcement Report for Animal Legal Reports Services (www.animallegalreports.com). His web site is www.animal-lawyer.com. He can be reached at adam@ animal-lawyer.com or 888-430-0001.

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