How to Choose an Aviation Lawyer

Choose an aviation lawyer by matching their real work to your need, checking where they are licensed, and asking how they handle fees, timing, and conflicts.

What an aviation lawyer does

An aviation lawyer handles legal work linked to aircraft and flying. Common areas include buying, selling, and leasing aircraft. They handle aircraft registration and title. They deal with finance and liens. They advise on charter and operating rules. They defend FAA enforcement and pilot certificate cases. They handle accidents, insurance claims, and disputes. Many also work on cross border issues, such as cabotage and permits.

Match the lawyer to your need

Aviation law is a niche. Ask what share of the lawyer's work is aviation. Ask which part of aviation they do most. A lawyer who closes jet sales may not be right for a pilot certificate case, and the reverse. Pick someone who works on your type of matter every week, if possible.

Deals and aircraft records

Aircraft deals in the United States run through the FAA Aircraft Registry. Ownership papers and liens are recorded there, under 49 U.S.C. 44107. For many larger aircraft and engines, interests are also filed with the International Registry under the Cape Town Treaty. Your deal lawyer should know both systems and how they connect.

Ask how the lawyer confirms title and liens before closing. A clear title process can prevent delays and disputes. For background on title work, see our guide to aircraft title searches. You should also ask who drafts and files the bill of sale, and how they track acceptance and delivery. For basics on this document, read our guide to the aircraft bill of sale.

Good deal counsel will explain what records go to the Registry, what filings go to the International Registry, and when each step should occur in a closing sequence. They should tell you who is responsible for each filing and how they avoid gaps between filings and funds.

Pilot certificate cases and enforcement

When the FAA acts against a pilot certificate, the holder can appeal to the National Transportation Safety Board. This right appears in 49 U.S.C. 44709. The Pilot's Bill of Rights, signed into US law on August 3, 2012, gave pilots more rights in FAA enforcement. These rights include timely notice of an investigation and access to relevant air traffic data.

If you face an investigation or order, ask a lawyer how they will use these rights. Ask how they handle NTSB appeals. Ask about their plan for deadlines, record access, and witness prep. Speed matters in enforcement work, so ask how fast they reply.

Charter contracts and brokers

Charter bookings can be complex. In the United States, air charter brokers follow Department of Transportation rules in 14 CFR Part 295, in force since February 14, 2019. Among other things, brokers must make clear in their ads and sales material that they are not direct air carriers. A lawyer can check your charter contract and any marketing against these rules.

If you are not sure who is the operator and who is the broker, start with this explainer on charter brokers vs operators. Then ask your lawyer to confirm who is liable for safety and who is taking payment. Ask what disclosures must be in the contract and any advertising you saw.

Cross border work and cabotage

Cross border flights and ownership add extra steps. You may need permits. You also need to avoid cabotage problems. Pick a lawyer who handles this type of work or who can bring in local counsel where needed. If you want a quick primer, read our guide on cabotage.

Outside the United States, rules and regulators differ by country. Choose a lawyer who is admitted where the aircraft is registered or where the case is. Ask how they coordinate advice across borders and who is responsible for filings in each place.

Licensing and coverage

Lawyers are licensed by state in the United States, or by country elsewhere. Always ask where the lawyer is admitted to practise. If your deal or case touches other places, ask who covers those places. A clear plan avoids delays at closing or in court.

Fees, staffing, and conflicts

Ask how the lawyer bills. This could be hourly, a fixed fee for a deal, or another method. Ask who will do the work day to day. Find out if a partner, associate, or paralegal will handle key tasks. Request a written engagement letter that sets out the scope and fees. Ask for references from similar clients. Check for conflicts of interest. For example, ask if the lawyer also acts for the other side, the broker, or the lender. For AOG issues, enforcement, and closing deadlines, speed matters, so ask how fast they reply and how they cover after hours.

How to compare proposals

Start with fit on subject matter. Does the lawyer handle your type of work most of the time? Next, look at process and timing. Do they have a plan for filings, notices, and closings? Review the team. Do you know who writes, who reviews, and who attends calls? Finally, compare fee structures. Ask how they manage scope changes and what costs are not included.

Checklist to ask before you hire

• What share of your practice is aviation, and which areas do you focus on?
• Have you handled matters like mine in the last year?
• Where are you admitted to practise, and who covers other places my matter touches?
• For a deal, how do you handle FAA Aircraft Registry and International Registry filings?
• For a pilot case, what is your approach to NTSB appeals and the Pilot's Bill of Rights?
• For charter, how do you check contracts against 14 CFR Part 295 disclosures?
• How do you bill, and what could change the fee?
• Who will do the day to day work, and who will review it?
• Can you provide references from similar clients?
• Do you have any conflicts of interest in this matter?
• How fast do you reply on urgent items and how do you manage deadlines?

Sources: US 49 U.S.C. 44107 and 44709; Pilot's Bill of Rights (Public Law 112-153, 2012); 14 CFR Part 295; FAA Aircraft Registry.

Ready to compare firms? Browse aviation attorneys in our aviation directory.