The problem with boating is that passengers slip, depths change, boats collide, winds gust, vessels sink, tides ebb and the sea is generally unforgiving. Of course, some of that excitement is what makes boating so much fun. But most boaters will tell you that rough water is inevitable when you own a boat, and that the guidance of an attorney can be helpful. The challenge is in finding a admiralty lawyer who knows this hoary patch of legal precedent and, more importantly, retaining that lawyer's advice without emptying the sea chest.

Learning something about the cruising grounds is a good starting point. Admiralty law is an old and craggy tidal pool of jurisprudence. "Old" because issues involving maritime trade arose early in the endeavors of civilized society, and "craggy" because there's a cargo hold's worth of legal wrinkles peculiar to the practice. For example, a vessel is regarded as having a persona capable of being arrested and sold at auction; an individual who saves property from peril is entitled to an "award;" and, in some instances, an owner can limit a vessel's liability to its post-accident value. All told, admiralty law – and I'd say this even if I weren't an admiralty attorney – is not a place to go swimming by yourself.

When trouble strikes, it pays to have a good admiralty lawyer you can call.ASK AROUND

An admiralty attorney may have a salty background or simply have gravitated to the practice out of an academic interest. Those who practice admiralty law somewhat exclusively are considered to be part of the "maritime bar." An admiralty practitioner will likely be a member of the Maritime Law Association (MLA), and may also maintain memberships with one or more of the few regional associations or maritime clubs, such as the India House Club in New York. Any number of approaches will help you identify potential admiralty attorneys. Asking your local boatyard manager, talking to fellow boat owners and calling the MLA will yield a pool of attorneys from which to choose.

You'll no doubt encounter some attorneys who claim to practice admiralty law but have had little exposure to the topic. Thus, whatever the reason you are seeking counsel, it is important to ask the right questions.

First – and this is applicable to the retention of any professional – the admiralty attorney should take the time to speak with you. A rushed discussion or a harried response to your questions is as good a sign as a lighted day marker that trouble lies ahead. Second, you want to find out what maritime memberships the attorney subscribes to and whether the attorney is a boater. To be sure, there are many good admiralty attorneys who are not boaters, but on the recreational and light commercial side, it's a plus if an admiralty attorney knows the topsides from the keel.

Third, don't hesitate to ask how much of the attorney's practice is devoted to maritime law. It's not unusual for admiralty attorneys to engage in some other related areas, such as transportation law, to supplement the maritime practice, but if you're told that less than half of the practice is admiralty law, sail on; there will be others. Finally, ask for a citation to a published legal decision or arbitration award in which the attorney represented a party. A practicing admiralty attorney should have no problem rattling off a citation that you can find on the Internet. Take a look at the decision and confirm that it dealt with a "salty" issue. If you're a recreational boater, you might ask for a citation pertaining to a yacht, which would help you discern an admiralty attorney who practices mainly on the commercial side from one who is more accustomed to recreational boating issues.

SAFE/SEAA towboat runs to a job in high seas near Wickford, Rhode Island. All kinds of sea situations can result in litigation, and who you choose to represent you will have a major impact on your case and costs. DISCUSS ISSUE AND REMEDY

Once you've narrowed your search to a particular attorney, call back or arrange a meeting to talk about your issue. The key here is to lay out all the facts; don't withhold the bad ones. In addition, take the time to explain the remedy you are seeking. From any attorney's perspective, success is about obtaining a desired outcome (or as close an approximation as possible) for the client. If the remedy you seek is unrealistic or contrary to the law, any admiralty attorney worth their salt will say so before you spend money launching your case.

Most admiralty attorneys will not charge for an initial consultation, but you should expect to pay for anything beyond that. Depending on the circumstance, attorneys will charge on an hourly or contingency fee basis. The hourly fee will vary based on a host of factors, including geography, law firm size and the particular issue. If you're seeking the most economical approach, the lowest hourly rate may not ultimately result in the lowest attorneys' fees, nor should you consider the proposed hourly rate as fixed in stone. Attorneys are accustomed to bargaining, and you should not tack away from proposing a lower hourly fee. Further, if you're in tight straits, say so and propose a lower hourly fee for a set period of time or even a flat fee.

Contingency fee arrangements, whereby the attorney agrees to accept a portion of a recovery as the fee, are an entirely different type of sea creature and may be used only in certain circumstances. Typically, a contingency fee is arranged when an admiralty attorney is retained to pursue recovery for personal injuries or property damage. Some admiralty attorneys may propose a blended fee arrangement with a reduced hourly fee and a reduced contingency fee. Whatever the case, you should consider fee negotiations to be a relatively fluid process in which a little assertiveness may result in meaningful savings.

DEVELOP A PLAN

As every prudent mariner knows, a successful voyage is about planning. So once you've retained an attorney, you should work together to develop a plan of action. A well-developed plan will allow you to measure your attorney's progress and, perhaps more importantly, will provide a highly effective way of corralling attorney fees and costs.

The only commodity a lawyer has to sell is time, so the longer a file drifts along without resolution, the more attorney time is incurred, all of which means higher fees. No doubt, the vagaries of the courts may result in some deadlines being adjusted, but a good plan will allow you to make course adjustments while ensuring that your file proceeds toward resolution.