We need timeless principles to steer by in running our organizations and building our personal careers. We need high standards—the ethics of excellence.
Price Pritchett
After over 35 years of practicing animal law, it should be operationalized simply as “legal matters involving nonhuman animals.” Though I am most grateful for all the animal lawyers I have worked with and mentored, most lawyers I have worked with on animal-related matters are not necessarily considered animal lawyers. In most situations, I may be the only animal lawyer involved. This scenario provides excellent opportunities to help fellow lawyers, other professionals, and organizations while helping animals. Having the good fortune to be able to practice law and loving the animals at the heart of that practice is not enough for the animals or to conscientiously and responsibly be a good lawyer doing good—even if one’s interests are not animal-centered.
At the end of my first year practicing law, a week with cancer patients/survivors (all women) and dolphins changed everything, including my life and practice. The women dealing with their mortality with strength, courage, and dignity humbled me and changed my perspective. The dolphins, including one named “Little Bit”—the last surviving Flipper from the 1960s movie I watched as a child—inspired me, and I fell in love with her. This experience led to pro bono, reduced fee work, and eventually, a national and international practice.
Upon returning home from this life-changing experience, I immediately started studying animal rights literature to understand why some would have a different take on it—even after it produced decades of work for animals. That study continues, and as Michelangelo stated, “I am still learning.” This quest for understanding has featured grappling with all kinds of ethical issues—sometimes in the abstract, daily in legal practice.
Though it may not get the attention and love it deserves, Model Rule of Professional Responsibility 2.1, Advisor, provides aspirational and real-world guidance for lawyers and a gateway to addressing animal interests, protection, and well-being. Rule 2.1 states:
In representing a client, a lawyer shall exercise independent professional judgment and render candid advice. In rendering advice, a lawyer may refer not only to law but to other considerations, such as moral, economic, social, psychological, and political factors that may be relevant to the client’s situation.
In short, properly advising one’s client involves (1) independent professional judgment (i.e., free of conflicts including one’s interests or views, see Rule 1.7) and (2) candid advice (competent, sufficient knowledge and understanding, see Rule 1.1). Significantly, the lawyer may render advice referencing the law and “other considerations such as moral, economic, social and political factors that may be relevant to the client’s situation.”
Because of the evolving public consciousness and concern about animals generally (and some more than others—compare companion and farmed or fished animals), extra-legal considerations are often relevant and sometimes critical. This is especially true when one is engaged in a high-profile matter where a client or stakeholder may depend upon the public’s goodwill and trust.
The thoughtful examination and resolution (to the extent possible) of the ethical considerations relevant within the practice of animal law and for use by all lawyers involved in any legal matters involving animals also aid in reviewing social, cultural, psychological, and political factors. Here are the different levels of ethical consideration:
Comprehensive awareness of ethical considerations and appropriate application in a given situation makes us and our work better, and that is good. It is also essential to uphold our ethical and professional responsibilities.
Any lawyer handling a matter involving an animal can use this framework to protect themselves and their clients by expanding their awareness. It is good practice for doing good the right way and addressing animal interests, protection, and well-being competently, ethically, and professionally.
