The Gazette 1986

GAZETTE

MARCH 1986

Agricultural Consultants - Serving the Legal Profession by Ultan Conway, B.Agr. Sc., M.A.C.A. President, Agricultural Consultants Association N early all solicitors' practices, including those in urban areas, have cases where an agricultural con- sultant is retained to prepare a report or to give profes- sional evidence. Consultants also assist in non-contentious agricultural matters, such as contracts, settlements and partnerships, administration accounts and Income and Capital Tax computations. The input of the agricultural consultant is a vital factor in determining the amounts involved in compen- sation claims. The far reaching consequences of sever- ance to a farm unit, the income losses arising from personal injury, fires or the supply of faulty goods or services are some of the areas where the professional agricultural consultant can prepare detailed reports, costings, etc., and give evidence at hearings which might follow. It is important therefore that solicitors be aware, firstly, of the scope and range of services provided by the agricultural consultants and, secondly, how best to make full use of the consultant in the interest of the client. Professional Status The Agricultural Consultants Association, founded in the early seventies, has a constitution and rules governing membership and qualifications, professional conduct and other matters. To be eligible for membership, one must hold a university degree in agricultural science or its equivalent, have relevant post-graduate experience and practise exclusively as an independent consultant. Employees of lending institutions, agribusiness firms, state or semi-state companies are not eligible for mem- bership. This helps to ensure that members can be totally objective and free of conflict of interests, and that once an assignment is undertaken, the member acts only for the client and in that client's interests. Range of Services While members provide a broad range of services, the main areas of interest to the legal profession are in property and lands, insurance and legal matters. Advice is provided in connection with land purchase, sales and valuations, and reports can be provided for purchasers or vendors or where disputes arise. Where loss or damage occurs on the farm, the agricultural consultant will carry out an inspection and prepare a report including estimates of consequential loss, where applicable. He will also give professional evidence at court hearings. Loss of Income Loss of income can be difficult to quantify in cases of personal injury to farmers. Consultants have considerable experience and expertise in these situations. Where good farm records and plans are available, the consultant can assess present and future losses after inspecting farm

and other resources. His report can then be used as a basis for actuarial calculations as part of a claim. Where records are poor or incomplete, the consultant will inspect lands, buildings, stock and any available vouchers or documentary data, interview the farmer and then provide estimates which will form the basis of claim. The consultant will then be available to attend con- sultations with solicitors and counsel, participate in negotiations and give professional evidence at a hearing. C.P.O.s, Wayleaves, Severance The growth of urban areas, the construction of roads, drainage schemes and other public and private develop- ments will continue to have a serious impact on farmers and farmland. Consultants can assess compensation which will depend not only on the extent of severance and damage, but also on the scale and intensity of the farming system being carried on as well as its future potential. Disputes The agricultural consultant can also be of assistance in the case of disputes or claims between farmers, contractors, merchants or other suppliers of goods or services to farmers. Such claims can arise from failure of product (e.g. seeds, sprays, feeds, etc.), failure to honour contracts and other similar disputes. Retaining a Consultant If a consultant is instructed as early as possible, he can assess items such as crop damage which may only be visible or quantifiable for a short period. The consultant may also advise a client as to how losses can be minimised. Fees Minimum scales of fees are issued by the Association to members, and these may be had on request. It is rec- ommended that the basis of fee charges be discussed and agreed prior to an assignment being undertaken. This may be agreed on a time or other basis, depending on the type or size of case involved. Other Services Information on member firms can be had by contact- ing the Association or any of its members. Our repre- sentatives have met with the President and other members of the Law Society and hope to continue with these meetings on matters of common interest. The Agricultural Consultants Association will be glad to nominate speakers to address local Bar Associations or seminars on mutually relevant topics of interest. •

GAZETTE BINDERS Binders which will hold 20 issues are available from the Society. Price: £5.14 (incl. VAT) + 87p postage.

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