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Horse matters can be comlex so it’s important to hire the right attorney for your case
You have a legal issue involving a horse related matter and you know that you need an attorney, but how do you go about retaining the right attorney for your case? As we all know, horse related legal matters can be complex and may not be easily understood by non-horse people. You need to feel comfortable and confident in the attorney you choose to represent you. Therefore, it is important that you find an attorney that you trust and who understands horse-related issues. Below are some tips in helping you find and select the right attorney.
How do I find an attorney?
• Contact an attorney or law firm you have used in the past and find out if they can handle your case. Even if the attorney previously helped you with a non-equine matter, such as drafting a will or handling the sale of a home, he or she may be able to assist you with your equine matter. If not, then ask for a referral to another attorney or law firm.
• Ask friends, relatives, or business associates who have had a similar legal matter in the past and find out if they can recommend an attorney to you. They may also be able to tell you who not to use, which can be just as helpful.
• Contact your local bar association’s legal referral service and ask for a referral to an attorney that practices in the area. Legal referral services are typically free and can help you narrow down your search.
• Use the internet. In addition to simply using Google, there are several search engines, such as Avoo.com or FindLaw.com, specifically designed to help you find an attorney in your area.
• Contact me. My contact information is provided at the end of this article. I can provide you with a free referral to an attorney who handles equine related matters close to you.
Which attorney do I hire?
• Hire an attorney that is licensed in the state in which the legal services are to be provided. In cases where a lawsuit has been or will be filed, it may be necessary to retain an attorney where the lawsuit is venued. If a Florida resident purchases a horse from a Texas trainer at the Quarter Horse Congress, then the depending on the specific terms of the sale, the buyer and seller may both need to retain Ohio licensed attorneys.
• Check the attorney’s credentials. Often an attorney will discuss his or her experience on a law firm’s website. Your attorney should have the necessary legal experience and substantive knowledge involved in the matter. It is not enough that a lawyer holds him or herself out as an equine practitioner. For example, you may need a trial attorney. Some equine attorneys are not trial lawyers. On the other hand, you may need someone to draft a sale agreement or provide some general legal advice. In that case, you may not need or want a trial specialist.
• Select a board-certified attorney, if possible. Many states recognize and certify legal specialties similar to that of medical doctors. Whenever possible, seek out board certified attorneys, especially if your matter involves litigation, such as personal injury or malpractice.
• Ask for a consultation. Many attorneys will provide a free initial consultation. During this meeting, you will likely be able to tell whether the attorney is a good fit for you.
• Ask for a proposed written fee agreement and an estimate of anticipated legal costs. Any prospective attorney should be willing to provide you with this information. If you are the plaintiff in an action, then it may be possible to retain an attor- ney on a “contingent fee” basis. If not, then you will likely be expected to pay a retainer and hourly rate. However, you should not base your decision solely on attorney’s fee. Although it may be tempting to hire the lawyer that charges the lowest rate, it may not be the best decision in the long run. The old adage, “You get what you pay for,” is often true. An attorney’s rate is generally indicative of his or her experience and competence. Hiring an attorney that charges the cheapest rate may save you money, but may also cost you the case.
• Check online reviews. Attorneys and law firms, like most other businesses, typically have an online presence and former clients will leave reviews.
Katherine Jarve is a partner at the Marlton, New Jersey law firm of Jarve Kaplan Granato Starr, LLC. She is licensed in New Jersey and Pennsylvania and maintains a practice in personal injury and civil litigation, including equine related issues. Katherine spent her childhood competing on the national AQHA show circuit. This article is for informational purposes only and is not intended to be legal advice. If you have a specific legal question or problem, consult with an experienced equine law attorney. Questions, comments or suggestions can be e-mailed to kjarve@nj-triallawyers.com.
