J. Michael Loomis, an aviation attorney in Fort Wayne, Indiana, offers this advice: “If you are going to be active in aviation, I recommend that you develop a relationship with an aviation attorney before you actually need one.
You’ll want to know who you will be able to call and how to reach them in the midst of a problem, such as when you receive a request over the radio that you “call the tower.”
It would be helpful for the attorney to know a little about you before the problem comes, so there is a comfort level between you.
That way when you do have to make that call, you’ll have a comfort level and trust with your attorney, and your attorney, on the other hand, will know something about your aviation interest, level of experience, history and training.”
Agree with all the comments. Though individually it certainly is not lawyer’s fault to be in the shape we are as a nation (what with frivolous lawsuits and a complete lack of individual responsibility), the profession at least shares much of the blame. To a larger extent, it appears to me to be the lack of moral courage across the board – many people in positions of authority wish to not truly make decisions but rather push the issue to a “system;” complete absolving of any potential recrimination, however slight. Said another way, simple “CYA” instead of standing up for right v wrong.
As a military officer (16 years enlisted; 17 years commissioned), I will tell you even our combat troops have to have lawyer protection. There are lawyers (“legal advisors”) often assigned at the brigade level and any time a soldier shoots, a legal investigation is conducted. If a wound or death, friendly or threat (cannot any longer say “enemy”), a AR 15-6 investigation is mandatory. Troops, Sailors, Marines and Airmen are often reluctant to do their jobs (understandably so) and so few so-called leaders will even become involved for fear of saving their own careers at any cost.
Sadly, the same happens in our civilian system. When aviation is concerned, the belief is often that all of us are wealthy with deep pockets…
The problem is that the USA has about 4% of the worlds population and better than 40% of it’s lawyers.
Good guidance, Michael; thank you for “develop a relationship” rather than the overdone “lawyer up.”
A better view might be to see this as preventive medicine: learn ahead of time, to eliminate, minimize or at least reduce the risk. Regarding those horrible fees, overall changes in the profession, and increasing competition, are changing that scary old big-bucks billable hours model, so research and getting references from clients, such as other pilots and aviation people, should yield something manageable. Other resources: the American Bar Association Forum on Air and Space Law, state bar associations which might have aviation committees or sections, and state or county lawyer referral services. And, consider the potential cost of not doing that preventive medicine. (From an attorney who has been on the airport side of things – but never an “ambulance chaser” (a very small portion of the profession), leech or skunk.)
Good advice Maria. Thanks.
You are most welcome, Richard – and no fee for that advice! (We’re really not ALL bad….)
You may not all be bad, but you are forever inserting yourselve as indispensable where you are not needed in the first place. The problem with judges who don t throw out cases is that they are lawyers themselves to begin with. Sorry, no empathy here.
No empathy needed. I just remember my police officer father’s pride when I graduated and passed two bar exams.
Maria, a student crashed my Airplane and after making sure that everyone was all right, my next call was to my attorney. The call was extremely reassuring letting me know where I stood legally and what I should and should not be doing or saying at the time. It proved to be extremely valuable and saved me a lot of grief in the end. I agree, not all of you are bad.
Happy all were OK. Even if that reassurance and saved grief cost a fee, they were invaluable. Hope your student got back in the saddle and kept flying. And thank you.
Regarding Charles H’s comment, many lawyers do much good for our service men and women, not only in directly action- or other service-related matters, but advocacy training programs to assist them with VA processes, and other programs, such as the Pennsylvania Bar Association’s Wills For Heroes.
The bottom line might be that GA, like the legal profession, suffers from very negative beliefs. We need to dispel them by educating others whenever and wherever we can.
Maria, good point indeed. Thanks for insight “of the other side of the coin.” My point was not directed at lawyers or the law profession per se, but rather to illustrate an overwhelmingly litigious society and for the need of those/us in leadership positions to try to do the right thing. You are absolutely correct in that we in GA must continue to educate and dispel the erroneous beliefs. Appreciated!
All that would need to happen is for the NTSB accident report to be allowed in court. Now, the report might be the pilot with no instrument training flew into the side of a mountain in instrument conditions and the plaintiff’s lawyer will blame it on the aircraft or engine manufacturer, the instructor who taught him to fly, or the poor old mechanic or I.A. who last worked on the airplane or did the last annual inspection. For the life of me I don’t understand why it can’t at least be read to in court. A lot of ambulance chasing lawyers would be out of business if this happened. A flight instructor friend of mine was sued because his student broke into the hangar in the middle of the night, stole the airplane and took off in the fog promptly killing himself just off the end of the runway. My friend said it cost him $10,000 in legal fees to defend himself and his attorney said it was a good thing he hadn’t signed the student off for night flight. Of course the aircraft manufacturer, the company that made the lock, and others were also sued. i understand the aircraft manufacturer settled rather than fighting it in court. I don’t know if the city that owned the airport settled, but this is what is wrong with aviation trials.
Richard, what I don’t understand here is this student pilot broke every law in the book including federal aviation laws, which lead to his own inevitable death and then who is suing the innocent bystanders?
What kind of scumbag lawyer would file frivolous lawsuits like that and get away with this? Any decent judge would have to recognize such frivolous suits and throw them out of his court and punish the leeches who filed them in the first place.
He was from a city about 75 miles from where this happened, however he had moved in with some gal in the town where it happened and had left his wife & 4 kids for this gal is what I was told. His wife and kids sued for loss of love & support is what my flight instructor told me. They lost in court except for the aircraft manufacturer settling, but just think of the money it cost the city that owned the airport and big hangar, the lock manufacturer, the flight instructor and of course the aircraft and engine manufacturer. It seems when a suit is filed, anyone who is remotely connected gets to spend a bunch of money defending themselves. The suit was frivolous but guess what, the lawyers still got paid.
Great advice. Is there an aviation attorney directory for California?
What an awesome idea. Always carry a leech in your back pocket just in case you need one. You want a skunk in your back pocket for “Just in case” too. Do we know of any occupation or sport that isn’t ruined once the lawyers get involved?
There is way too much lawyering in aviation; it is time for cooler minds to send the lawyers packing and to just enjoy the pleasure of flight.
Sadly, now-a-days, you need to have a lawyer in your back pocket no matter what you do.