Lardiere McNair DiNicola & Stonebrook Ltd
Bird Law: Lardiere McNair Continues to Expand Practice Areas
Chad Stonebrook
March 30, 2018

Lardiere McNair, LLC is proud to announce the launching of a Bird Law practice.

Bird Law is one of the least served of all legal practice areas, and Lardiere McNair is seeking to fill the void of a niche market for clients experiencing the difficulties and rigors of the country’s complicated web of migratory bird laws.  Lardiere McNair is only aware of one other attorney in the region that practices Bird Law, the well-respected Charlie Kelly in Philadelphia.

Bird Law’s roots in this country began the Migratory Bird Treaty Act of 1918 (which is now codified as 16 U.S.C. §§ 703-712).  The treaty was enacted between the United States and Canada to implement the convention for the protection of migratory birds.  Essentially, the statute makes it unlawful (without a waiver) to pursue, hunt, take, capture, kill, or sell birds which are listed as migratory birds.

“We want to protect our clients from running afoul of the Migratory Bird Treaty Act” said Darren A. McNair, a partner at Lardiere McNair, LLC.  “Ohio has many rural areas, and folks can violate this law without knowing that it exists.  And according to bird law, three strikes and you’re out!  Bye, bye birdie.”

The early reaction from clients has been positive.  Johnny Dawson, a client of Lardiere McNair, stated that “before talking to Lardiere McNair, these laws flew right over my head. I enjoy hunting, but little did I know, I could be exposing myself to liability for being in violation of the Migratory Bird Treaty Act of 1918.  I will continue to count on Lardiere McNair for all of my legal needs.”

It’s currently unclear what the punishment for a violation of the Migratory Bird Treaty Act of 1918 could entail.  Recent case law suggested the punishments could be severe.  See McPoyle v. Ponderosa, 2016 A.S. Phil, The Trial of the Century.  It’s our understanding that violations could result in wrongdoers getting the chair, or lethal injection, or some sort of small bird guillotine.  We wouldn’t understand the physics of it, we aren’t executioners, just the best Bird Law firm in the world*.

Lardiere McNair plans to use its current litigation team of trial-tested attorneys to pursue its Bird Law practice.  Christopher Lardiere, a partner at Lardiere McNair indicated that “we aren’t afraid to ruffle the feathers of any other firm to protect our clients’ rights. We’re willing to go beak-to-beak on Bird Law and see who comes out the victor.”

Some of our clients would like to own certain birds as pets.  They think that because they own a parrot or parakeet, they can automatically just start buying any bird, like a hummingbird.  Unfortunately, you can’t own a hummingbird.  We aren’t saying that we agree or disagree with the law, it’s just that Bird Law in this country—it’s not governed by reason!  Most of our clients are surprised to learn that hummingbirds are illegal tender.

If you have any questions about your rights as it relates to the Migratory Bird Treaty Act of 1918 or McPoyle v. Ponderosa, 2016 A.S. Phil, The Trial of the Century, please contact our office to setup a consultation.

Please continue to subscribe to our blog, as next week we will have a special guest contributor.  Mr. Bob Loblaw, from Bob Loblaw’s Law Blog, will be writing a blog that that is sure to be informative.

*This is an April Fools Day prank Blog.  Nothing in this blog article is meant to be considered real.  The blog article is written based on the ongoing plotline regarding Bird Law on the F/X series It’s Always Sunny in Philadelphia. Many of the quotes are from the show.  All credit goes to their writers.  Happy April Fools Day!

Chad Stonebrook is a Partner at Lardiere McNair, LLC.  To read more about our firm, please visit www.lmcounsel.com.

The information presented here has been prepared by Lardiere McNair for promotional and informational purposes only and should not be considered legal advice.  This information is not intended to provide, and receipt of it does not constitute, legal advice.  Nor does the receipt of this material create an attorney/client relationship.  An attorney client relationship is not established until such time as Lardiere McNair enters in to a written engagement agreement with a specific client for a specific legal matter.

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Notice: If you send e-mail to Lardiere McNair DiNicola & Stonebrook, LLC in connection with a matter for which we do not already represent you, your communication may not be treated as privileged, confidential or otherwise protected because you are not a client. If you communicate with us by e-mail in connection with a matter for which we already represent you, please remember that Internet e-mail may not be secure. *

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