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7 Takeaways from the Maritime Investigations Presentation at This Year’s Work Boat Show in New Orleans

By Raymond T. Waid & Alex Baynham on December 2, 2016
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Dee

It is Work Boat Show time in New Orleans, and yesterday featured a great presentation on marine investigations.  Any maritime lawyer worth her salt will tell you that the best part of the practice is getting that 0200 client call about a casualty, donning your protective gear, and racing to the ship.  No other legal practice offers the opportunity to regularly perform the equivalent of emergency room medicine like maritime law.  Not only is the practice exciting, but there is a great feeling that comes from knowing that your client trusts you enough to rely on you in such a high-stakes situation.

This marine investigation presentation brought together a number of experienced government and private practice lawyers to offer their unique perspectives.  Organized by Sean Pribyl, an ex-Coast Guard lawyer who practices at Blank Rome’s office in Washington D.C., the program was sponsored by the Admiralty Law Section of the Federal Bar Association and the ABA TIPS Admiralty and Maritime Law Committee.  It was an informative hour and a half program, but we’ve distilled it down to a list of takeaways that we really endorse:

  1. The government is very concerned with company safety and environmental policies, and those policies are a key focus in any marine investigation.  One of the best ways to represent your client is to highlight positive aspects of the company and its employees during the investigation.
  2. Do not be an obstructionist, this is the federal government that you are dealing with, not an opposing party or lawyer.  You have no leverage.  As a lawyer, your cooperation and professionalism in this stressful situation will cast your client in a good light and make the investigation go smoother.
  3. If you do have a dispute with a Coast Guard investigator on the vessel, call the lawyers at the local Coast Guard district office and get them involved early.  Often the Coast Guard lawyers can help diffuse the situation and keep the investigation moving in a productive manner.
  4. Request “party in interest” designation early so that you and your client are given maximum participation in the investigative process.  Do not wait for the Coast Guard to independently determine that your company should have a seat at the table.
  5. Keep your eye out for potential criminal implications and act aggressively whenever you spot a risk.  The Coast Guard is unique in that it has a civil and criminal governmental function.  Lawyers have to be on their toes to protect their client’s interest.
  6. Criminal risk requires criminal lawyers.  Do not hesitate to get a specialist involved.  If an investigation goes criminal, it often creates conflicts of interest that require additional counsel.  Every maritime lawyer should have a couple of trusted criminal lawyers on speed dial in case of emergency.
  7. While lawyers add real value in the hours and days after a casualty, clients are best served by talking to their lawyers before everything hits the fan.  Knowing what to expect, having a plan in place, and practicing the plan either through full-blown drills or table-top exercises will pay real dividends when the unexpected occurs at 0200 on a Saturday.

Thank you very much to the panelists – it was a good program.

Laura Beck-Knoll, Chaffe McCall

Dee Taylor, Liskow & Lewis

Emily Greenfield, Assistant U.S. Attorney, Environmental Crimes

Sean Pribyl, Blank Rome

LCDR Damian Yemma,  Legal Advisor to the U.S. Coast Guard Investigations National Center of Expertise

CDR Brian McNamara, U.S. Coast Guard Deputy Staff Judge Advocate, District Eight Legal

Disclaimer: This Blog/Web Site is made available by the law firm of Liskow & Lewis, APLC (“Liskow & Lewis”) and the individual Liskow & Lewis lawyers posting to this site for educational purposes and to give you general information and a general understanding of the law only, not to provide specific legal advice as to an identified problem or issue.  By using this blog site you understand and acknowledge that there is no attorney client relationship formed between you and Liskow & Lewis and/or the individual Liskow & Lewis lawyers posting to this site by virtue of your using this site.  The Blog/Web Site should not be used as a substitute for legal advice from a licensed professional attorney in your state regarding a particular matter.

Photo of Raymond T. Waid Raymond T. Waid

Ray Waid is a maritime lawyer and veteran-naval officer focused on helping companies in the marine and energy sector. Ray represents clients through all phases of litigation and in government investigations.  He also provides clients with legal advice on maritime and environmental regulations…

Ray Waid is a maritime lawyer and veteran-naval officer focused on helping companies in the marine and energy sector. Ray represents clients through all phases of litigation and in government investigations.  He also provides clients with legal advice on maritime and environmental regulations and assistance in transactional matters, such as vessel sales, charterparties, and service agreements.

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Photo of Alex Baynham Alex Baynham

Alex Baynham is a member of the firm’s Maritime, Oilfield, and Insurance practice area focusing on personal injury litigation and related contractual indemnity disputes. Prior to joining the firm, he served as a law clerk to The Honorable Chief Judge Dee D. Drell…

Alex Baynham is a member of the firm’s Maritime, Oilfield, and Insurance practice area focusing on personal injury litigation and related contractual indemnity disputes. Prior to joining the firm, he served as a law clerk to The Honorable Chief Judge Dee D. Drell of the United States District Court for the Western District of Louisiana.

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  • Posted in:
    Admiralty and Maritime
  • Blog:
    The Energy Law Blog
  • Organization:
    Liskow & Lewis
  • Article: View Original Source

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