How to Hire an Equine Lawyer
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.
Categories: Employment
Julie 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 over 400 published articles, four books, and has lectured at seminars, conventions, and conferences in 29 states on issues involving law, liability, risk management, and insurance. For more information, please also visit www.fershtmanlaw.com and www.equinelaw.net, and www.equinelaw.info.
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Top 10 Things The Equine Community Needs To Know About Equine Liability Laws
"Julie Fershtman is considered by many to be the nation's leading expert on equine activity liability acts. Her 30-minute presentation for a recent educational webinar on equine activity liability acts for the American Horse Council is available for viewing. Please take a look, here's a link: https://www.youtube.com/watch?v=hCROISSPMJs
Fershtman’s Equine Law Book Wins Fourth National Award
Julie Fershtman’s latest book, Equine Law and Horse Sense, won its fourth national award on May 31, 2021. It was selected to receive a "Finalist" Medal in the 2021 Next Generation Indie Book Awards.
The 2021 Next Generation Indie Book Awards are presented by Independent Book Publishing Professionals Group, which is the largest International awards program for indie authors and independent publishers. Here’s a link for the complete list of 2021 winners and finalists: https://www.indiebookawards.com/winners.php?year=2021
Fershtman’s Equine Law Book Receives Third National Award
Julie Fershtman’s book, Equine Law & Horse Sense, published by the American Bar Association, has been selected to receive a 2020 NYC Big Book Award in the category of “Reference” books.
The NYC Big Book Awards draws nominations world-wide. This is the third award for Fershtman’s book since its publication last year. Here is a link for more information, and to see the list of winners: https://www.nycbigbookaward.com/2020winners
Information on the book: https://www.amazon.com/gp/product/164105493X/ref=dbs_a_def_rwt_hsch_vapi_taft_p1_i0
Equine Blog Ranked in Feedspot
Foster Swift's Equine Law Blog was ranked #8 in Feedspot.com's "15 Best Equine Law Blogs and Websites".
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Upcoming Speaking Engagements
In 2022, Julie Fershtman is scheduled to be a speaker on equine liability at these conventions:
- American Horse Council Annual Meeting and National Issues Forum, Washington D.C. - June 6, 2022
- National Conference on Equine Law, Lexington, Kentucky – May 4, 2022
- IRMI Agribusiness Conference (“AgriCon”), Sacramento, California – March 8, 2022
- New York State Bar Association Equine Law Symposium (virtual conference) – February 9, 2022
Fershtman’s Equine Law Book Receives Second National Award
Julie Fershtman’s book, Equine Law & Horse Sense, published by the American Bar Association, has been selected to receive a 2020 NYC Big Book Award in the category of “Reference” books.
The NYC Big Book Awards draws nominations world-wide. This is the third award for Fershtman’s book since its publication last year. Here is a link for more information, and to see the list of winners: https://www.nycbigbookaward.com/2020winners
Information on the book: https://www.amazon.com/gp/product/164105493X/ref=dbs_a_def_rwt_hsch_vapi_taft_p1_i0
Honors & Recognitions
Equine lawyer, Julie Fershtman, has received these prestigious equine industry awards from respected equine organizations:
"Excellence in the Advancement of Animal Law Award" - American Bar Association Tort Trial & Insurance Law Section Animal Law Committee
"Distinguished Service Award" - American Youth Horse Council
"Industry Service Award" - Michigan Equine Partnership
"Catalyst Award"- Michigan Horse Council
"Outstanding Achievement Award" - American Riding Instructors Association
"Partner in Safety Award" - American Riding Instructors Association
"Associate Service Award" - United Professional Horseman's Association
"National Partnership in Safety" Award" - Certified Horsemanship Association
Some of our Equine Law Services
Handling breach of contract, fraud/ misrepresentation, commercial code, and other claims involving equine-related transactions including purchases/sales, leases, mare leases/foal transfers, and partnerships.
Litigating a wide variety of equine-related disputes in court or through alternative dispute resolution (arbitration, mediation, facilitation).
Defending equine/farm/equestrian industry professionals, businesses, and associations in personal injury claims and lawsuits.
Drafting and negotiating contracts for boarding, training, sales, waivers/releases, leases, and numerous other equine-related transactions.
Representing and advising insurers on coverage and policy language as well as litigation;
Advising equine industry clubs and associations regarding management, rules, bylaws, disputes, and regulations.
Representing some of the equine industry's top trainers, competitors, stables, and associations.
Counseling industry professionals, stable managers, and individual horse owners.
THE NATION'S MOST SOUGHT-AFTER EQUINE LAW SPEAKER
Did you know Julie Fershtman has spoken at the American Horse Council Annual Meeting, Equine Affaire, US Hunter/Jumper Association Annual Meeting, Midwest Horse Fair, Equitana USA, US Dressage Federation Annual Meeting, North American Riding for the Handicapped (now PATH International) Annual Meeting, American Paint Horse Association Annual Meeting, US Pony Clubs, Inc.'s Annual Meeting, All-American Quarter Horse Congress, American Youth Horse Council Annual Meeting, American Riding Instructors Association Annual Meeting, CHA Annual Meeting, and numerous others? Consider signing her up for your convention. Contact Julie directly.
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