This is posted for informational purposes only, I have no personal knowledge about this person......from Tallahassee.com

Local attorney uses own experiences to open 'safari-law' practice
By Matt Gilmour • DEMOCRAT STAFF WRITER • August 21, 2009

After returning to the United States following a hunting trip in South Africa, local attorney Ethan Way learned that his hunting buddy was having trouble getting his trophies back from Namibia, where they'd been on safari.

The idea to include "safari law" among his office's practice areas was born.
"I thought, 'If you were a hunter, and you had a legal problem, who would you go through?' " Way asked.

Way, a criminal trial lawyer with 11 years' experience in areas such as family law, civil law and bankruptcy, searched for the words "safari" and "law" online. After finding nothing, he bought the domain name safarilaw.com and began handling cases in hunting and safari-related issues and disputes.
"As far as I could tell, there was nobody doing it," Way said.

Way began taking trips to Africa for "plains-game" hunting, which includes zebra and other like-sized animals, in the summer of 2006 after being invited by his friend. Way, who has hunted stateside for the past decade, said a safari hunt is "a whole other experience unlike anything you can do here," with bigger animals and a vast terrain.

"When you go hunting in Africa, you're committed to getting over there and doing it," Way said. "There's a 20-plus-hour plane ride and an eight- to 15-day hunt — you're engaged."
Although safari law makes up a small portion of Way's practice — "fewer than 5 percent of my cases," he estimates — he said it's the area he would most like to see grow.
"I'd love to have a huge international practice (for safari law)," Way said. "It would be great to be able to spend three to four months a year overseas hunting and working on these cases."

Way said safari law involves dealing with issues such as the permits required for transporting firearms and regulations pertaining to animal trophies. He said he uses his own experiences as a hunter to provide people with information and contacts to help with any problems or concerns they might have.
One time, a client of Way's needed help tracking down a lost shipment of valuable hunting trophies from Spain.
"The actual dollar figure may not have seemed like that much," Way said. "But because of the way he hunted them and the challenges and rigors he went through, they were very valuable to him."

Way said aspiring hunters should consult all available resources, including Safari Club International, to prepare for a safari hunting trip.
"You don't want to fly halfway around the world and make foolish mistakes that someone could've helped you out with beforehand with some simple advice," Way said.

Basically, this is contract law with some additional value-added services.

Unless he has a colleague in the country where the hunt operation is located, he'd be hard-pressed to obtain relief for his clients.

George

I don't know how it works stateside, but in SA, unless you happen to be an admitted attorney (passed all the exams, finished 2 years' worth of articles and succesful High Court application after all that)you are nothing more than an ordinary citizen. I may be missing something, but I suspect the gentleman in question is attempting to exploit a non-existant gap in the market...

quote:

Originally posted by jvw375:
I don't know how it works stateside, but in SA, unless you happen to be an admitted attorney (passed all the exams, finished 2 years' worth of articles and succesful High Court application after all that)you are nothing more than an ordinary citizen. I may be missing something, but I suspect the gentleman in question is attempting to exploit a non-existant gap in the market...

....or get a tax write off for his hunting trips.....

Funny that several of my colleagues have already e-mailed me this story. I think it basically boils down to another guy trying to find a way to take more hunts, pay less for them, deduct some expenses, and justifiy more days away from the desk each year. If he can figure it out, be successful, not go broke, and not get audited, I'm pulling for him.

GeorgesS

Being a retired lawyer myself (trial)I can hardly blame a lawyer for struggling for clients. It happens that I wish him luck. Difficulties in "getting juridiction" as we lawyers say? Let's leave that to the ingenuity of what I hope is a smart Tennessee lawyer.

I agree with the above-referenced statements from some of my 'brethren'. Wouldn't be my bag of tea.

Great....lets get lawyers in between PH, outfitter, broker and hunter. That will @#$*! up Africa hunting for sure.

Personally I believe that there should be open season on lawyers. No bag limit. Some states should offer bounty rewards as well.

If any one is interested I am taking deposits on "lawywer safari hunts" now....I realize it is not DG...but vermin hunting can be fun.


dale

Where is a hunter to turn for help if he is victimized by an unscrupulous outfitter, shipping agent, or foreign bureaucrat?

I hope to never need his services, but more power to Mr. Way and his endeavor. He will no doubt enlist local attorneys (solicitors, jurists, barristers, or whatever they may be called) in the various countries that are hunting destinations to assist on that end. If a shipping agent is holding my trophies "hostage" by demanding $2,000 more than the price he originally quoted me, then I would love to have a resource to go to bat for me to get my trophies home at the price agreed.

I hope Mr. Way also gets in some great hunting as a fringe benefit to his new practice.

dalew:

I read your comments with the usual interest that lawyers read such comments from people like you - and that's not meant as an insult -simply that they are comments of someone who never has had to need a lawyer, I presume. Ever been arested? Ever been sued? Ever felt that you have been screwed and want to get your money back? Everybody knows the quote from Shakespeare about "First thing we do is to kill all the lawyers" - How many know it is the quote of a mob leader bent on wiping out everyone with property,money or assets? (I assume that people who can hunt in Africa would like to continue to do so) You don't like lawyers? Then go back to a society of where might makes right. Let's see how well you make out then.

First of all, an attorney and a lawyer aren't the same thing...an attorney is a lawyer who has clients...

If you needed an attorney in Africa it's possible an attorney here could help by being in a better position to find one there or refer you to a local attorney. Just like here. Your attorney can go to the Martindale-Hubbel Directory and pick you out someone to call on for your problem in another state even though he can't handle it himself. Or, if it's stateside he could get himself associated with an out of state attorney so he could go there and handle it for you...lots of bucks in doing it that way however. In other words it could be a good referral source.

If you want to get into reviewing and writing safari contracts an attorney who's been there would be helpful...I don't know if that comes up or not (I haven't been on a safari myself).

As for the tax write off, gotta be careful. The trip may be written off while on business either physically with a client or going to a client for business or about the client's business...like going to court out of town. But the expenses are usually advanced by the client or billed to the client, so nothing to deduct. That is, you can't just take a personal trip and call it business. Works the same for just going out to lunch...no deduct if no client or client business involved...that's how I understand it.

There are attys specializing in other limited interest areas and in some cases it's quite cost effective as long as everyone else doesn't find out and the field gets crowded.

If I had need of an atty in a safari context I'd much rather have one who'd been there. That's obvious. So business wise it's an interesting concept.

I would venture a guess that hiring this guy after a safari gone bad would be like finding yourself in a hole yet continuing to dig.

Sure, I can see him firing off angry letters, sending sternly worded emails to outfitters and PHs, and even helping you write nasty hunt reports to SCI. But at the end of the day, few, if any, would find any $$$ back in their account.

I've had some contacts with African lawyers recently (not in any of the normal hunting countries). Interesting bunch, I must say.

Lawyers are, by nature and nurture, inventive people; trained to look for different ways to solve a problem. In today's economic situation, I really can't fault anyone for trying to find an unfilled niche that might a) be of benefit to someone who really needs help and b) produce a decent fee. More power to him, I say. Perhaps he will show up on this forum in the future as the "go to guy" when things go wrong over the pond. I know my professional life has taken some strange turns.
kh

[QUOTE]Originally posted by Shack:

As for the tax write off, gotta be careful. The trip may be written off while on business either physically with a client or going to a client for business or about the client's business...like going to court out of town. But the expenses are usually advanced by the client or billed to the client, so nothing to deduct. That is, you can't just take a personal trip and call it business. Works the same for just going out to lunch...no deduct if no client or client business involved...that's how I understand it.

QUOTE]

A few years ago a guy wrote a book on the brothel industry in Nevada (where it is legal). He "interviewed" many of the women and then tried to write that off as a valid business expense. The IRS ruled that he could not deduct those expenses. I can't see how this is not unlike what outdoor writers or booking agents do.

As for deducting lunch with a client, you can only deduct 1/2 of the value. I think the IRS has determined that you get "value" out of the lunch...who knows.

I once hunted with Henry Mills of Mills Fleet Farm fame (if you have ever been to WI you know Mills Fleet Farm). I asked Henry if he deducted his hunts in the name of either putting the taxidermy in his stores or trying out the equipment. He laughed. "Good way to go to jail," was his response.

Someone has to say it...........................................



Doug Chester Esq.

If I needed a lawyer knowledgeable in "safari law," I would hire John J. Jackson III.

Bill Quimby

If you get ripped off, it's probably 51%+ your own fault. Research, talk to references, be realistic as to your expectations. There is no such thing as a perfect hunt and expect to roll with the punches.

What we don't need is a bunch of lawyers involved in a hunting trip. I will quit hunting when it comes to that. I like a firm handshake and people who can look me in the eye.

And I've had a bad hunting trip (actually to South America) but the thought of getting lawyers involved never entered my mind. My attitude is 1 out of 25 ain't that bad and I'm not interested in compromising the other 24 over it.

There is a need for lawyers. A boyhood friend of mine that I've known for over 40 years now is a lawyer that I consider honorable. I call him when I need a will or help with an estate situation. Would I be criminally charged with something I'd call him. But I certainly am not going to employ him whether I should go hunting or not. He hunts too and he does so as a hunter, not a lawyer.

'Nuff said

i still think Shakespeare was right! just look at the US Congress. the vast majority are lawyers and who else but lawyers could produce a bill(any bill, not just health care legislation) that is over 1000 pages and still can't be figured out as to what it really says.

I have been involved in this segment of legal work for a few years. It is an exercise in frustration and takes many hours, many phone calls and many nasty letters to resolve a problem. However, I have been sucessful in resolving most diputes, especially if one or more of the players attends any of the shows in the US. It is amazing how much more willing the wrongful party is to pay up or make right once they are found on US soil. Ask Ganyana about a guy who paid a 5 year old $500.00 dollar debt to an injured client in Dallas last year.

Perry

When lawyers were writing the Declaration of Independence and the United States Constitution, doctors were bleeding their patients with leaches and prescribing mercury-based laxitives for most ailments.

I belong to neither profession, and hope to need neither, but I use each of them as the need arises and would be significantly the worse off if either were unavailable to me. It's good to have a doctor who understands how to effectively repair a torn ligament in your knee if that happens to you; it's also good to have a lawyer who understands how to recover your witheld property from a continent 8,000 miles away, should that happen to you.

quote:

Originally posted by Gerrypeters375:
dalew:

I read your comments with the usual interest that lawyers read such comments from people like you - and that's not meant as an insult -simply that they are comments of someone who never has had to need a lawyer, I presume. Ever been arested? Ever been sued? Ever felt that you have been screwed and want to get your money back?

All attorneys suck, except mine of course

All professions have their cast of rogues. Whether you care for lawyers, doctors, cops or anyone else doesn't matter until you need one. Lawyers are an essential part of our society. There have been many times when I needed one. I have great respect for the good ones.

My main concern with the legal profession in general is that they write our laws, then interpret our laws and then execute our laws.

Do not know how that follows "separation of powers" among the legislative, executive and judicial branches of our government but I suppose one of them could do the explanation some "justice". It is scarry to realize that probably somewhere North of 75% of our elected officials are blessed with a law degree - just gives you a "warm and fuzzy"! Can ya feel the luv!!!

what i feel is the shaft being driven up my A-- by all the legal talent in Congress.

first ambulance chasers.....now Land Crusier chasers?????

I don't know jack about this guy or lawyers in general. However, would an attorney that knows something about hunting be helpful in getting trophies released from customs, fighting with governing bodies on importing CITIES animals where you are getting the runaround from some government official. Perhaps it is not as odd as it sounds. Heavens knows, you could use a second set of eyes on some of the paperwork involved in setting up a hunting trip.

Here's an example of where such an attorney might be extremely valuable:

You hunt in a foreign country and unknowingly violate a game regulation. Let's say the outfitter did not have the required tags/licenses. Did you know that you can be prosecuted in the US and lose your hunting privileges here because of such an event? Despite total lack of intent or even a reasonable opportunity to know of the outfitter's error?

quote:

Originally posted by Brice:
Here's an example of where such an attorney might be extremely valuable:

You hunt in a foreign country and unknowingly violate a game regulation. Let's say the outfitter did not have the required tags/licenses. Did you know that you can be prosecuted in the US and lose your hunting privileges here because of such an event? Despite total lack of intent or even a reasonable opportunity to know of the outfitter's error?

This can become very interesting indeed. I happen to know that many [possibly even the majority] of South African Hunting Outfitters (HO's) never enter into a legal contract, as is a regulatory requirment, with their clients. Another common wrongdoing is HO's that offer "non-export" leopard hunts, without all the required licenses for such "non-export hunts", to clients.

Who whould start such a proseqution in the USA; The South African Nature Conservation authorities?

This could be very interesting. Please give some examples of such prosecutions.

In good hunting.

Andrew McLaren

IMHO there is rarely enough money involved or enough likelihood of prevailing to justify involving a lawyer in a safari case. I can buy a two week buff hunt in Tanzania for the retainer I'm asked for everytime my company has been sued.

I think you are correct. However sometimes it is the principle.

I once sued an outfitter in New Zealand that stole from me. I also got him arrested (subsequently convicted). I knew I would get nothing. I did it purely over the principle.

quote:

Originally posted by larryshores:
I think you are correct. However sometimes it is the principle.

I once sued an outfitter in New Zealand that stole from me. I also got him arrested (subsequently convicted). I knew I would get nothing. I did it purely over the principle.

You are the rare bird. In my experience, money is the one and only issue.

quote:

Originally posted by Fjold:
Someone has to say it...........................................



Doug Chester Esq.

LOL! NICE!

Muygrande,

Who would you have write the laws...some semi-literate landscaper, stone mason, grease monkey or delivery man? (No offense intended to those occupations...I have been employed in all of them at one time or another.)The facts are people attracted to the legal profession are perfect candidates for elected office. They are usually intelligent, articulate, analytical, ambitious and, I must modestly say, damn good looking. . Other intellectually challenging professions are usually too introverted or one dimentional, physicians can't take the pay cut and fighter pilots always end up pissing in the punch bowls at formal dinners.

Mikelravy,

I am accepting new cases and only charge a retainer equal to one-half the cost a 2 week safari in Tanzania.

Perry

quote:

fighter pilots always end up pissing in the punch bowls at formal dinners.

That is really funny. And doctors?? I remember seeing a cartoon once. The doctor is at the auto mechanic's who has the hood up, and the mechanic says "I think I see the trouble"...the engine compartment is stuffed with money falling out everywhere...

While I'm at it...I asked a doctor hunting buddy how to tell the surgeons who have the good operating hands from those who don't...he laughs and says, "that's easy, by their kill ratios"..

Perry, not "slamming" the profession as most of my businees associate/friends are of the barrister variety, just the frustration of a totally "over lawyered" government that in reality is "full employment" for the profession when they have plenty to do already.

Our system is much too complex and needlessly so IMHO of course and aren't we all still "allowed" just one opinion.

Here is my bone of contention with lawyers...

In business, you do the work, you get paid anywhere from 30 to 45 days later. That is how it works. Why is it lawyers always want to be paid up front? What makes them so special?

I no longer deal with lawyers who charge per hour. My customers want to know what we are going to charge them, and rightly so. Fixed fee is the only way to go.

My other pet peeve are class action suits. Nobody gives a hoot that the Marriott Corp overcharged each guest by 10 cents. But some lawyer gets the brilliant idea that he/she can sue on behalf of all and make a ton of money. Wait, it is the principle of the thing, right?

The law profession gets tired of the abuse they get, but they should do some serious soul searching and ask themselves why.

quote:

"I'd love to have a huge international practice (for safari law)," Way said. "It would be great to be able to spend three to four months a year overseas hunting and working on these cases."

I hate to imagine what his hourly rate might be!?

Saeed, I think you aleady know and dont even realize it. What is the cost of a full blown Tanzania safari with everything on the menu? I pretty much imagine that would be it.

Saeed:

Coming from where you are, I rather doubt that you particularly care what any lawyer's rates are. The hypocrisy of the Arabs never ceases to amaze me.

Gerry:



Could you clarify what you mean by: " The hypocrisy of the Arabs never ceases to amaze me."



Our entire legal system consists of lies, con men, and thieves. Your profession wrote the book of hypocrisy.



The truth is that USA companies leave USA and set up overseas because of product liability and litigation. Our legal system has nothing to do with guilt or innocence and right or wrong. It has nothing to do with justice. It is a process to fill the pockets of lawyers with money.



Judicial terrorism has hurt USA more than all of the Arab nations combined....with or without "their hypocrisy."