A Step-By-Step Guide For Commercial Fisherman: Hiring The Right Attorney For Fish And Game Violations In San Francisco

In this article, you can discover…

• How to select a qualified attorney when facing a Fish and Wildlife violation.
• The most important questions to ask an attorney during a consultation.
• The importance of clear communication as your case moves forward.

What Qualifications Are Most Prominent When Looking For An Attorney In My Fish And Wildlife Violation Case?

It is important to work with an attorney who has experience representing commercial fishermen. It is a requirement that your lawyer understands relevant laws and regulations in order to properly defend your case.

You will also want to be sure that your attorney has experience with the proper jurisdiction and proceedings, as wildlife violations are either prosecuted as criminal matters or civil proceedings in the Superior Court. District attorneys will often elect not to prosecute a Fish and Game violation as a criminal offense and instead will elect to file a civil action alleging a violation of the Unfair Competition Law. The government preference for a civil rather than a criminal prosecution is that the government may seek significant fines as outlined in the Unfair Competition Law.

You also want to be sure that your lawyer has experience handling proceedings before the Fish and Game Commission. Familiarity with the administrative law proceedings, working relationships with judicial officers and lawyers for the Department of Fish and Wildlife can go a long way toward the success of your case. 

You need a legal representative who can handle your case in any jurisdiction.

What Experience Do You Have In Handling Fish And Wildlife Violation Cases?

I represent clients in California Fish and Wildlife violation cases across Northern California and in jurisdictions as far down the coast as San Diego, Los Angeles, and Santa Barbara. Recently, local district attorneys have opted to file civil unfair competition law violations for conduct that previously would have been resulted in a criminal court proceedings. The reason for this is change in strategy by the government is that the government in a civil proceeding is able to extract fines from commercial fishermen in excess of $2,500 per violation and will attempt to exaggerate the number of violations to obtain a lucrative settlement at the expense of the fisher. It has become standard practice in many Bay Area counties for prosecutors to file civil unfair competition proceedings against commercial fishers. 

Separately, the Department of Fish and Wildlife can file administrative accusations against commercial fishers in an effort to revoke or restrict commercial fishing license and permits. I work significantly in this area, representing clients both in the Bay Area and Southern California.

Attorney Michael Linscheid is a seasoned lawyer based in San Francisco, CA who has helped countless clients just like you navigate the intricacies of fish and wildlife law. With over 15 years of experience, Michael is prepared to help you face your fish and game violations so that you can return to your livelihood.

Still have questions? Ready to get started? Contact The Law Offices of E. Michael Linscheid today to schedule an initial consultation.

What Are The Best Questions To Ask During My Consultation?

When you meet with an attorney, you should be prepared to ask questions that will help you determine your prospective attorney’s familiarity with laws related to your fishery. You will also want to ask questions about your lawyer’s experience in working with the court and prosecutors in the relevant jurisdiction.

You want to work with an attorney who will not just try to reach a settlement but is prepared to take your case to trial or a hearing if necessary. It is important that your lawyer meets these qualifications, as there are many complexities involved in the various civil, criminal and administrative proceedings which may arise as a result of a violation of the codes and regulations relevant to your fishery.

How Will You Keep Me Updated On The Status Of My Case?

Often client’s will express concern that former attorneys did not communicate or provide updates about the status of their case. With this in mind, I make a concerted effort to ensure my clients have a clear understanding of the frequency of communications. I routinely update client’s as to status their case and respond to communications. I encourage clients communicate with me and keep an open channel in case they have any questions or misunderstandings. This way, everyone is on the same page, and they know what to expect.

What Steps Do You Take To Remain Up-To-Date Fish And Game Laws In California?

Much like how a commercial fisher should keep updated on laws relevant to their livelihood, I also make an effort to remain current with any changes by reading the Fish and Game Digest. I also receive notifications on changes in specific fisheries and directly refer to the Department of Fish and Wildlife website. It is important for me to stay up-to-date with any changes in the law so that I can be ready to advise my clients.

Why Is It Important That My Attorney Has Local Knowledge And Familiarity With State Regulations?

It is crucial to the success of your case that you hire an attorney with experience representing those charged with Fish and Wildlife violations. Many violations are very specific to individual fisheries, so the violations faced by a commercial crab fisher in Northern California may not apply to a lobster fisher in Southern California. For this reason, it’s important to work with an attorney who has knowledge about the specifics of your fishery and a working relationship with the prosecuting attorneys in your county.

With these elements in place, you can be confident that your attorney will be able to effectively represent you in your case. Whether you are seeking a settlement or preparing for a hearing, it’s important to take the proper steps to protect your livelihood.

Still Have Questions? Ready To Get Started?

If you are seeking more advice on Hiring An Attorney For Fish And Wildlife Violations, an initial consultation with the Law Office Of E. Michael Linscheid could be your next best step. Get the information and legal answers you are seeking by calling (415) 728-9982 today.