Many articles written by this author over the years have
concluded that people should seek assistance from a "knowledgeable
attorney." Have you ever wondered whether you need a lawyer
who concentrates his or her practice on equine law? This two-part
series answers these questions and explains how to find the right
lawyer. Part One of this series will generally discuss "equine
law" and what equine lawyers do. Part Two discusses steps
you can take to help find the right lawyer, regardless of whether
or not you seek a lawyer who practices equine law.
What is Equine Law?
There is no set definition for "equine
law." Basically, it can be defined as the practice of law
that involves all types of horses, horse activities, horse businesses,
horse organizations, and horse facilities. Many attorneys with
equine law practices serve individual horse owners or professionals
by, for example, preparing or reviewing equine-related contracts.
Other equine law practitioners handle contracts, disputes, lawsuits,
and business planning for breeding farms, race tracks, insurance
companies, syndications, partnerships, trainers, riding instructors,
commercial haulers, horse owners, associations, veterinarians,
and businesses.
A small number of lawyers across the country have law
practices that include, in varying amounts, equine law. Some of
these lawyers practice on their own or within firms; others can
be found in "equine law departments" of a few firms
located in states like Kentucky with very active horse industries.
Is an Attorney Who Practices Equine Law Better Than One
Who Does Not?
Not necessarily. If you already have an attorney-client
relationship, and if you and the lawyer are confident that he
or she can serve you well on your equine-related matters, you
need look no farther. You have found your lawyer. Sometimes, however,
it might be beneficial to hire a lawyer experienced in equine
law. Lawyers with equine law practices stand a better chance of
being familiar with the equine-related issues for which you seek
legal assistance. Also, because people in the horse industry often
have emergencies, equine lawyers can be well situated to help
with prompt decision-making. For example:
1. A boarding stable client might have a boarded horse,
on which the stable usually has a lien, but the owner may be
trying to haul it away;
2. A trainer could be faced with a colicky horse whose
owner cannot be reached to consent to colic surgery; or
3. An equine professional may wonder what specific measures
are necessary in order to comply with an equine liability law.
A good equine lawyer will know the applicable law and
usually can provide prompt assistance in these and other demanding
situations. Equine lawyers could, in some cases, save money. Lawyers
who lack this expertise will almost certainly require time to
research the law and learn basic horse-related terminology. In
most cases, you are paying that lawyer to learn. Because "equine
law" encompasses so many facets of the horse industry, not
every equine lawyer can assist with all legal matters that involve
horses. For example, some equine lawyers limit their practices
to certain issues and segments of the horse industry, such as
race horses. Other lawyers may be experts in tax issues but have
little or no experience in contract drafting or litigation (going
to court), or vice-versa.You will need to evaluate these factors,
assess the lawyer's experience, skills, and abilities, and decide
which lawyer is right for you.
Where Can You Find a Lawyer Who Practices Equine Law?
If you seek a lawyer who has experience in
equine-related law, the hardest part is usually finding one. Several
organizations can help get you started such as equine organizations,
your state horse council or cooperative extension service. Also,
equine studies programs might have names of lawyers who teach
courses in equine-related law. State or local bar associations
(lawyers organizations) often keep lists of lawyers who practice
in certain areas of the law, possibly including equine law.
Conclusion
In conclusion, keep these concepts in mind:
- Just because a lawyer purports to practice equine law
does not mean that he or she is the right lawyer for you and
your legal matter. Make sure you are comfortable with the lawyer,
his or her level of experience, and rates.
- Many lawyers allow free consultations, often over the
phone, to allow you and the lawyer to evaluate each other and
briefly discuss your legal matter. At the end of the consultation,
the lawyer can explain whether he or she is interested in handling
your matter. Or, you can decide whether you want to hire the
lawyer.
- A lawyer's affiliation (or lack of affiliation) with
a law firm tells little. What matters is his or her ability,
reputation, and capability of providing the type of assistance
you seek at the price you are willing to pay.
- Remember that you are the one hiring and paying for
the lawyer. Therefore, be prepared to interview the lawyer.
Make sure that you are comfortable with the answers you receive.
Part two of this series will provide several questions and ideas
to help get you started.
This article is not intended to constitute legal advice.
About the Author
Julie I. Fershtman, Esq.
Fink, Zausmer & Kaufman, P.C.
31700 Middlebelt, Suite 150
Farmington Hills, MI 48334-2374
(248) 851-4111
E-MAIL: Fershtman@aol.com
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