Equine Law Blog
How do you find the right lawyer for your equine-related legal matter? Here are some ideas:
Consider the Lawyer’s Expertise
Because of their expertise, lawyers with equine law expertise could potentially save money because they often can get the work done in less time than other lawyers. Their understanding of the industry and the terminology used within it might offer you a distinct advantage.
Lawyers who practice “equine law,” however, might lack specialized expertise for certain matters. For example, does your matter involve intricacies of municipal or real estate law, such as a zoning dispute with your township over your planned equestrian development? Does your matter involve a dispute with the IRS over your business tax deductions? Specialized matters could fall outside of the experience level of an “equine law” practitioner. Be sure to ask good questions.
Evaluate Credentials
In seeking the right lawyer for you, what matters is the lawyer’s ability, reputation, and capability of providing the type of assistance you seek at the price you are willing to pay. Information regarding lawyers and their qualifications is more accessible than ever through online sources such as www.martindale.com and www.avvo.com, which rate lawyers. Most lawyers also have websites. Ours are www.equinelaw.net, www.fershtmanlaw.com, and www.fosterswift.com.
Fee Arrangements
Lawyers work under a variety of fee arrangements. Common ones are:
Hourly Fee
In most legal matters, the lawyer charges you for each hour of time he or she spends on your matter. The hourly rate will vary according to the lawyer’s location, experience, reputation, expertise, and other factors.
When evaluating a lawyer’s fee, ask not only what he or she charges for each hour of work but also the increments of an hour for which you will be billed. If your lawyer charges $275 an hour and you are billed for a five-minute phone call, for example, you will pay $68.75 to the lawyer who bills on quarter-hour increments but only $27.50 to the lawyer who bills on the tenth of an hour.
Contingency Fee
Lawyer advertisements sometimes promise: “You pay no fee unless we collect.” This describes a contingency fee arrangement in which the lawyer’s fee is contingent on (a percentage of) what you collect from the other party through a judgment or settlement. Contingency fee arrangements are common in cases involving loss of or damage to something of substantial monetary value such as a personal injury case.
Flat Fee
To draft a basic equine-related contract, prepare a simple will, or handle an uncomplicated case, lawyers might be willing to work on a flat fee basis.
Retainers
The lawyer might require that you pay a “retainer fee” before the work begins, which often represents your advance payment of several hours of legal work. Retainers vary with each lawyer and firm. Make sure to sign a written “retainer agreement” that addresses, among other things, whether the retainer is refundable.
Conclusion
Lawyers cost far less to help prevent disputes than to resolve them. With that in mind, sometimes the wisest decision is to hire a lawyer before a dispute occurs. For example, a lawyer can draft equine-related contracts and releases of liability or explain how the law impacts the hiring or termination of stable staff.
Hiring a lawyer is an important and expensive decision. Evaluate your lawyer carefully.
ShareholderJulie Fershtman is considered to be one of the nation's leading attorneys in the field of equine law. She has successfully tried equine cases before juries in four states. A frequent author and speaker on legal issues, she has written ...
