The Wine Law Niche

There is beer and alcohol, and then there is wine.  Unlike the others, wine somehow maintains it sense of sophistication.  The jewel-like color of the drink maybe helps.  The special occasions it represents in many of our lives and memories might be the reason. 

Are you a wine drinker?  Are you familiar with wine terminology like tannin, fruitless, aromas, legs, body, and acidity?  Do you like to discuss the various flavors of wine, or what was a good year and what was a bad year for wine?  Do you see wine as a symbol of the simple enjoyment of life?

There are new wines being introduced constantly.  New wineries are sprouting up every day.  Every region of the country and every vintage are different.  The variety of wine is truly endless.

Wineries and those that run them often do so as much out of love for the art and practices of wine making than for profit.

Do you like the concept of wine?  What about the history of wine?  Wine is as old as the Bible.

Most importantly, you have to understand that wine, wineries and the shipping of wine is all heavily regulated businesses.  Licenses and administrative hearings.  Rules and compliance with those rules.  Where there is heavy regulation there is a place for a lawyer to do well.  After all, that is what lawyers do.

One of those areas that pretty much blend the enjoyment and interest of life and the practice of law is that of being a wine lawyer.

Just by way of example, Brian Pedigo is a wine lawyer in Temecula, California.  His website is simple and elegant, like the product he represents, but it pretty much reflects the various tasks of a wine lawyer.  Contract negotiations, trademark issues, vineyard leases, grape purchase agreements, employment issues and the like.  If you want to know, Brian Pedigo has a blog called The Wine Lawyer.

And, there are other firms that do this type of work.  Stoel Rives' wine law group represents more than 125 wineries and vineyards in the Western part of the country.  Their site will tell you that business formation issues and state and federal beverage licensing and permitting issues are big business generators.  There is financing and real estate acquisition issues.  And, in some cases water rights play a part.

Many wineries are small, and they make it or break it on the ability to ship wine directly to their customers.  Yet as you will learn on the Wine Institute's website, the laws concerning direct-to-consumer shipments are big issues.  Undoubtedly, it involves lawyers.

Some lawyers, such as Robert Parker, transitioned completely from law to wine.  Miami lawyer Mark Tobin introduced his own wine brand.  But, I would suggest to you there is a nice business in representing wineries and wine shippers.

Wine really falls under the big umbrella of hospitality law.  But, what it represents is a niche that can separate you out as a lawyer with a purpose.  A lawyer with a passion.

Then there is the whole home or novice wine making industry.  There are home wine making suppliers such as E.C. Kraus. 

There is also the whole wine importing business.

According to the Wine Business, as of November 2006 the number of wineries in the United States had reached 5,970.  This included 1,587 "virtual" or non-bonded wineries and 4,383 bonded grape wineries.  That number was up 26% since 2004.  Amazingly, the group found that virtual wineries were decreasing because as business grew the winery would invest in their own bonded facilities.  That means a lot of new work for attorneys.

Of course, California is the biggest winery state, but almost all states have wineries.  The Wine Road Less Traveled has a list purported to be the number of wineries by state.  Washington State, for example, has 451 wineries.  My state of Texas has 136.  Ohio has 108.

Even if your state does not have a large number of wineries, that does not mean there is not a wine business.  Wine shipping laws are covered by each state.  They require license and approvals.  So, there is a possibility of referrals from out of state wine lawyers.

And, let us face facts.  Wine is a relationship business.  Vintners and wineries are actively involved in promoting themselves and perfecting their trade through groups, organizations and contests.  There is some wine law CLE out there.  It is also fun to visit wineries and, especially small wineries, love to show off their product.  It is a practice niche that can be grown by one personal contact at a time, information collected and contact maintained.  Wineries also have to be a source of referrals and much repeat business as issues continue to arise.

So, if you love wine, you might want to consider wine law and being a wine lawyer.

Comments

[Brian]

Thanks for the mention! Great post on wine & law.

[C.J.Tessari]

Very informative piece. Thanks!

[Chris]

If you are interested in wine law, you should check out these two books by a great wine lawyer and Berkeley Law professor, Richard Mendelson: From Demon to Darling: A Legal History of Wine in America (UC Press 2009) and Wine in America: Law and Policy (Aspen Publishers 2011).