I am freshly returned from the annual meeting of the Lawyer Pilots Bar Association, the largest aerospace law bar association in the country and one that I had the honor of leading a few years back. The meeting was held in Philadelphia. Leaving aside my hesitation about the location born of football rivalries (the NY Football Giants will defeat the Eagles this year), members learned from nine speakers on nine different subjects. What follows is a quick summary of the topics that were covered in detail and serve as examples of things that make aerospace law a niche area of legal practice requiring special knowledge.
Day 1:
Chris Pezzalla, one of LPBA’s own, discussed digital marketing and communications in the legal profession. Although focused on the ethical issues applicable to lawyers engaging with the public electronically, there was information applicable to internet advertising generally. For instance, are you sure that you have the legal right to use on your company’s website the pictures that you may have borrowed from the internet? If they’re copyrighted and you don’t have permission from the copyright owner, you may be surprised by a letter demanding that you pay for your unauthorized use. A cottage industry has grown up around the enforcement of copyright owner’s rights, and it’s common for your faux pas to cost you tens of thousands of dollars to avoid a lawsuit. Forewarned is forearmed.
Ray King, an aerospace clinical psychologist with a fascinating professional background, discussed the role of law and psychology in balancing liberty and safety. The FAA recently has loosened the stigma on pilots who have well-controlled mental illness, but this remains a complex and controversial area of the often overly-restrictive exercise the FAA’s medical certification authority.
Michael Graham, a sitting member of the National Transportation Safety Board, discussed the NTSB’s work in investigating aviation (and other modes of transportation) accidents and recommending systemic improvements to enhance safety. This was an inside look from a person who plays an important role in the aviation safety system and has seen all manner of aviation accidents. Pro tip: when asked what single thing pilots can do to best increase safety of flight he said to plan better. But after a moment’s thought he said that his single best safety tip pertains not just to pilots but to everyone: don’t pick up the phone when driving, and if you must talk on the phone, pull completely off the highway and find a safe spot. Don’t just pull onto the shoulder. He didn’t elaborate but you can imagine the scenes that led him to make that recommendation.
Day 2:
Day 2 started with an in-depth discussion by Dallas attorney Watson Bowen of some of the hidden issues in, of all things, aircraft hangar leases. The extreme limits on available hangar space, especially in states like New Jersey, make this very much a seller’s market: high demand and low supply. As a result, all of you pilots who are chomping at the bit to lease a hangar should know that there are many hidden traps in lessor-prepared hangar lease agreements. This especially applies if you need large hangar space, either single or shared, as in the case of business jets where the monthly lease payment can run well into five figures. (You read that right: monthly lease payments of $10,000 and up.) Don’t fall into the mindset of “it’s just a standard form, what choice do I have?”. Leases can be negotiated. Find an aviation lawyer who understands the details for help. It’s an up-front expense that will save you money in the long run.
Next up was Jonathan Ewing of Florida. The topic was “selling airplanes — it takes more than a handshake,” and the title says it all. You would think that an investment in an expensive item like an airplane would lead buyers to get professional help to protect their interests. As Jon said, in litigations over aircraft purchases made without a written contract — handshake deals — “the buyer almost always loses.” Oddly, however, people who have bought a lemon of an airplane on a handshake are one of the more common problems that people bring to my firm. Jon’s message for pilots was simple: if you want to buy an airplane get legal help from the very beginning from an attorney who understands airplanes.
The final presentation on day 2 was Angel Base describing an important litigation victory over the FAA. The case involved a matter that the FAA pursued as an “emergency” when it really wasn’t. I’ll spare you the details. Suffice it to say that in emergency cases shortened time periods (literally days from charge to trial) gives the FAA an enormous tactical and financial advantage. It is a power that can be abused and in this case the FAA did so and was called out.
Day 3:
The final day started with Arnold Feldman, who is both an attorney and a highly experienced professional pilot, tracing the reactive nature of aviation safety regulation. In short, most improvements to the safety system have come less from foresighted planning and more in reaction to crashes involving large-scale loss of life. It was an interesting overview of how laws, statutory and regulatory, are made.
Gary Allen, LPBA’s long-time ethics guru, regaled us with more tales of “legal aviators” who flew themselves into all kinds of ethical trouble, occasionally intentionally, sometimes recklessly, and usually by not paying attention. These are all cautionary tales for lawyers.
Finally, attorney Mark Dombroff brought his career-long expertise in both the public and private sectors to a discussion of the air traffic control system and the expanding liability of the FAA. The factual predicate was a detailed examination of the recent midair collision at Reagan National Airport serving the DC area between an Army helicopter and a passenger jet. It was sobering stuff.
As an added bonus, Marie Allen treated the group to a Philadelphia-centric presentation about the American Revolution. It was a fascinating and entertaining historical discussion of the circumstances that led to the adoption of the Declaration of Independence just down the street from our hotel.
Impressions:
LPBA meetings are always professionally valuable and great networking opportunities. This one was no exception. And LPBA is a bar association like no other. Meetings are family events. Spouses are included in a “Copilots” group and have their own programs. My bride and I have been to 22 of these meetings and have made lifelong friends in addition to the CLE benefits. We will be back in February when the next meeting is held at Mt. Dora in Florida.