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Adam P. Karp: Animal Law Offices of Adam P. Karp, Bellingham, WA

[By Kenneth Davis] Adam Karps decision to practice animal law was motivated by a personal life change. In 1999, he became a vegetarian and then a vegan.

I got more into animal rights and then realized that there was an absence in the legal profession for advancing the interests of animals, he said. So [it] made sense to me to take what was personal and make it professional. Karp has taken on animal law cases since he first began practicing law seven years ago. He said he handled his first real litigation case in 2000, and the following year, he opened his own law office in Pioneer Square in downtown Seattle. He said that at that time 75 percent of his practice was animal law, and the remainder was collections. Karp said the collection work entailed getting small judgments for [people] and then garnishing wages and things like that. In 2003, he began taking on animal law cases exclusively. Karp discussed his practice: I do all animal law, he said. So Id break it down into about 80 percent injury and death claims, and the remainder, well, maybe 5-plus percent custody disputes. And the rest of its just sort of a mix of dangerous dog appeals, constitutional issues, initiatives, referenda, animal rights, standing, criminal prosecutionmore of a private prosecutor kind of role. That would be the balance of it. Karp has been involved in several landmark animal law cases. In May, he won a major decision in the Washington Court of Appeals. The case, Womack v. Von Rardon, involved his clients cat, Max. The cat was abducted from his clients property and then set on fire in a middle school field by Rusty von Rardon and Jason Brumback (both 7) and

Jayson Anderson (20). The cat had to be euthanized due to severe injuries. Karps client, Bernadette Womack, filed a lawsuit against the three for several causes of action, including a civil animal cruelty claim. Von Rardons and Brumbacks parents were also named in the lawsuit for negligent supervision of their sons. The Brumbacks and Womack settled out of court, but Womack obtained a default judgment against the remaining defendants.

Spokane Superior Court Judge Jerome Leveque awarded Womack $5,000 for the value of Max and her emotional distress, but he dismissed various claims, including one for outrage. Karp and Womack appealed Leveques ruling to the Washington Court of Appeals, claiming that he erred in several respects. The Court of Appeals recognized a new cause of action for those whose companion animals have been maliciously injured or killed. As a result of this decision, state criminal law and civil law have both changed with regard to animal cruelty. The court recognized a new cause of action for malicious injury to a pet, and that was big, Karp said. There is no analog of malicious injury to a toaster, for example. In a dangerous dog appeal, Mansour v.

Advice to Young Lawyers

Well, for those who want to do this, there are so many variables, Karp said. If thats all they want to do, then they need to be careful about how they proceed. They need to be very calculating in the sense [that] there isnt much of a demand yet, I think, to support thousands of us. So that means if youre going to do it, you need to either do it as an incidental part of your practice, take a few cases here and there, or pro bono it. Or do it all or nothing and grab a geographical area and hit it hard... because youre going to rely on a larger geographical base than, say, a PI [personal injury] lawyer will because there are people getting injured everywhere. But not everybody has an animal case, so you need to either go to a metropolitan center, or if youre in the outskirts, extend your influence throughout a whole state or region.

King County, Karps clients dog, Maxine,

was accused of killing a neighbors cat. Karp said there were no eyewitnesses, and the evidence that he presented created significant doubt as to whether the dog killed the cat or simply came upon the cat already injured by another animal or hit by a vehicle. King County Animal Control issued an order requiring that Karps client, Peter Mansour, remove his dog from King County or give her up to be euthanized. The King County Board of Appeals upheld that order, and the superior court granted summary judgment for the county, affirming the boards decision. On appeal, Karp argued that the board violated his clients due process rights. In January, Division One of the Washington Court of Appeals reversed the King County Court of Appeals decision to uphold King County Animal Controls order

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declaring the dog vicious and demanding her removal from King County within 48 hours. The Court of Appeals agreed that the board violated Mansours procedural due process rights because he wasnt allowed to subpoena witnesses and records. (In order for pet owners to effectively present their cases and rebut evidence against them, due process requires that they be able to subpoena witnesses and records.) Mansour

I think it was more of [a] default, he said. I just liked my college classes on the Constitution [and] civil rights, and I didnt really know what else to do. In 995, Karp graduated with honors from Gonzaga University in Spokane with a degree in political science. He earned his law degree from the University of Washington School of Law in 998. Karp then went on to complete a masters degree in science and statistics at the University of Washington in 2000. Karp also teaches animal law. Hes an adjunct professor of animal law at both the University of Washington School of Law and Seattle University School of Law. However, he admitted that teaching is not one of his favorite things. You know, I dont really enjoy it that much, he said. I know it sounds crazy, but the reason is that Im a solo, and Im overwhelmed. Im doing it more because I think I need to. Its sort of more I feel

think, to support thousands of us. So that means if youre going to do it, you need to either do it as an incidental part of your practice, take a few cases here and there, or pro bono it. Or do it all or nothing and grab a geographical area and hit it hardbecause youre going to rely on a larger geographical base than, say, a PI [personal injury] lawyer will because there are people getting injured everywhere. But not everybody has an animal case, so you need to either go to a metropolitan center, or if youre in the outskirts, extend your influence throughout a whole state or region.

v. King County is important because its outcome could affect how animals deemed to be vicious are treated by courts.
I tried to subpoena witnesses and medical records, and they refused, Karp said. So I wasnt able to get the full veterinary record or the X-rays. I couldnt put on my own expert because I didnt have those records. The burden of proof was placed on us to prove that we were innocent, basically, which is not how its supposed to work. So it was a mess, but the Court of Appeals clarified it. It was a very positive constitutional type of decision. In May of last year, Karp won $45,480 for one of his clients in the Seattle District Court. The judgment was for the death of his clients 2-year-old cat, Yofi, who was killed by a neighbors dog. The award is believed to be the largest in the history of the State of Washington relating to the wrongful death of a nonhuman companion. It is also believed to be the largest award in the nation relating to the death of a cat. The $45,000 judgment was significant [] because it signifies symbolically that the value of a persons companion animal is immense, he said. Its not just buy another one for 50 bucks and go home. [Thats] not an appropriate response. This judge essentially honored the bound. Karp said his decision to go to law school did not stem from a lifelong ambition to become a lawyer.

In addition to running his law practice and teaching, Karp writes regularly for bar association bulletins on the topic of animal law and routinely speaks to groups across the country on the subject. Hes also a vice chair of the American Bar Associations Animal Law Committee. And in 2002, he founded the Washington State Bar Associations Animal Law Section. Karp occasionally appears on radio and television shows. He appeared on Seattle television personality Tony Ventrellas show back in 2003. He was also featured in TIME magazine a few years ago, in an article discussing an animal custody case. Karp said what he enjoys most about his job

obligated to do it, to share information with the new generation and encourage them. Karp said that in the last 0 to 5 years, animal law has become increasingly popular among law students. There are probably 70 law schools offering itHarvard, Yale, George Washington, Georgetown, everyone, he said. And then you have the Student Animal Legal Defense Fund chapters, and Id say there are probably more. He had the following advice for law students who are interested in going into animal law: Well, for those who want to do this, there are so many variables, he explained. If thats all they want to do, then they need to be careful about how they proceed. They need to be very calculating in the sense [that] there isnt much of a demand yet, I

as an animal law attorney is the challenge it presents. Its [] the challenge of trying to move the law forward, he said. Many attorneys spend their lives just applying existing law, and thats important []. But Im not excited about that. Im more interested at the academic level and trying to create new causes of action or allow the law to be more flexible and compassionate. Then itll be applied incidentally to the animal[s] in question or the people who care for them. But thats really the thirst. Thats what drives me; its being able to try to craft the law in better directions.

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Karp and his wife, who runs a court reporter agency, have several cats that they treat on a regular basis. Theyre older and require a lot of daily care, which is worth it, he said. Karp discussed some of his hopes and goals for the future.

Every day theres a new issue, a new challenge, he said. And Im always looking for an angle that will move the law in a beneficent direction, so theres no big master plan I have. And from a vegan standpoint, Id love for every slaughterhouse to be shut down and all fur facilities [to be] destroyed. And my Utopian vision is that animals will never be used again against their will.

ON THE NET Animal Law Offices of Adam P. Karp www.animal-lawyer.com University of Washington School of Law www.law.washington.edu Washington State Bar Associations Animal Law Section www.wsba.org/lawyers/groups/animallaw

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