what is an equine lawyer

An equine law attorney will typically counsel clients who are involved in the horse industry (i.e. they own horses or they own a business that deals with horses) or clients who want to become involved in the horse industry (i.e. someone who is looking to buy a horse or start a horse business).

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What do attorneys who practice equine law do?

Equine law is, basically, the practice of law related to all aspects of horses, horse-related activities and industries, horse businesses, horse organizations, and horse facilities. Examples of legal services related to equine law include preparing or reviewing equine-related contracts (like sales and transfer agreements), disputes and litigation related to horse transactions and …

What is Equine Law?

An equine lawyer is someone who focuses on equine law. It’s helpful to have an equine lawyer because they. Are already familiar with the issues you may be facing. Understand horse terminology. Have contacts in the horse industry

How to write an email to an equine attorney?

Reviewing equine risk management practices with an equine lawyer is an especially important step when establishing a new horse club or association. It’s equally as important for an already established horse club or association if these steps have not been taken in …

Are the legal and horsemanship materials suitable for law students?

Equine law is a relationship-based business. When talking with an attorney about their legal matter, most horse people are very perceptive about whether the attorney really understands their issues. Many times, prospective clients have come to ELS explaining that they had already spoken with a local attorney, but that they didn’t feel ...

What is a horse sales representative?

Representing buyers or sellers, handle or resolve cases involving fraud and misrepresentation in equine sales and leases

Who is Julie Fershtman?

Julie Fershtman is nationally known for her equine law expertise . She has tried equine cases before juries in four states, and has been specially admitted counsel in 18 jurisdictions. She has written four books on equine law, more than 400 published articles, and has been a speaker in 29 states.

What is an equine lawyer?

An equine lawyer is someone who focuses on equine law. It’s helpful to have an equine lawyer because they

What is horse law?

Equine law consists of many standard areas of law with a specific equine elements. For example, you may face a claim of negligence if someone gets hurt from your horse.

Why do you need written contracts for horses?

Written contracts key to protecting yourself and business from liability regarding equine activities. Always contact an equine lawyer when you have a claim against someone or if someone has a claim against you regarding horses.

What are the risks of livestock?

Inherent risks of livestock activities include the unpredictability of horses. All horses are capable of sudden, unexpected and possibly dangerous movements such as bolting, bucking and kicking.

Can you put a lien on a horse?

You can put a lien against the horse for the payment of the board. Note there’s a time limit for this and you must follow certain rules.

Do you need a bill of sale for a horse?

You need a written Bill of Sale to transfer ownership. Consider working with the seller to transfer ownership with any organizations that the horse is currently registered with, either for breeding or showing purposes. A written Purchase and Sale Agreement covers more of the terms of the sale.

Can you represent yourself in court?

You can represent yourself, but it’s hard for non-lawyers to maneuver through laws and the court system.

Why do you need an equine attorney?

Because horses are like children to many horse owners, an equine attorney often needs to be empathetic and kind, ready to reassure a client in tears or help defuse an angry caller. At the same time, you need to be able to say “no” firmly when the situation warrants and separate yourself from the emotional issues.

How to become an equine lawyer?

However, it’s not that simple. First, you need to graduate from a reputable law school, which takes at least three years. Then, to develop practical skills, you need to spend at least several more years as an associate working for a senior attorney. Only after you have become an experienced, well-rounded lawyer can you begin to develop your equine practice, either within your current firm or on your own. During all of those years, you need to remain very active in the horse community so that you can gain and maintain a deep understanding of the industry. Sound expensive, time-consuming and difficult? It is!

How important is the reputation of law school?

How important is the reputation of your law school? Your law school must be well-known and well-regarded in the geographic area where you plan to practice. Why? Throughout your career, your reputation as an attorney will be colored by where you went to law school. Potential employers and clients alike will ask where you went to school, no matter how long you have been practicing. In addition, when attorneys initially become involved in a case, they typically look up the qualifications of opposing counsel and form an opinion of that attorney based upon their qualifications. You want your school to be a star in your crown, not something you have to explain or overcome. Therefore, you should choose the law school with the best reputation in your chosen geographic area. If you can’t get into the best law school in your chosen geographic area, you may want to reconsider your choice of geographic area and/or your choice of going to law school. If you attend a substandard law school and are at the top of your class, you will have a harder time finding a job than if you attended a top law school and finished in the middle of your class. And this will be true throughout your career, not just when you are looking for your first job. There is a distinct hierarchy in the practice of law, and attorneys and clients seek to hire attorneys whose qualifications and experience they respect.

What are the qualities of a successful attorney?

There are many different legal specialties, but successful attorneys have many of the same qualities. First and foremost, they are excellent communicators. Whether you are writing an email to a client or drafting a brief in a court case, it’s essential to make your points clearly and succinctly. Talented attorneys are typically very good speakers, able to convey their key arguments with conviction and in the proper tone.

What should I consider when selecting a law school?

In selecting a law school, your primary consideration must be your job prospects upon graduation. What is the school’s placement rate, and even more importantly, does it place graduates into the type of job that you want? If you plan to practice with a nationally-known law firm, you should choose a national-level law school with a history of placing graduates at nationally-known law firms. Many law schools boast respectable placement rates, but further examination reveals that not all graduates are employed as lawyers after graduation (i.e., they could be flipping burgers!).

How long does it take to become a senior attorney?

First, you need to graduate from a reputable law school, which takes at least three years. Then, to develop practical skills, you need to spend at least several more years as an associate working for a senior attorney.

Where do law schools place their graduates?

Where do law schools place their graduates, and how closely does that match up with your personal goals? Small local schools tend to place their graduates in the immediate surrounding area. State-level schools tend to place their graduates in-state (and in the immediate surrounding states). National-level schools place their graduates nationally, but with some regionality based upon where their alumni are. For example, Rachel Kosmal McCart, ELS’ founder, graduated from Duke University School of Law . Although Duke is located in North Carolina and is a national-level law school, it places many graduates in New York, Washington, DC and Atlanta, simply because those are locations in which many of its alumni are working. Rachel had no ties to New York City, but she landed her first job after graduation at a major New York firm based upon Duke alumni connections.

What are some examples of litigation in the equine industry?

There are many examples of circumstances that can lead to litigation: Purchase and sale disputes. Breach of contract. Injury to a horse. Horse rider injuries. Business transaction disputes. Breeding rights.

Who files horse injury lawsuits?

The Clark Firm, LLP files horse injury lawsuits on behalf of horse owners when a horse is injured due to the negligent actions of a business or individual. We have filed lawsuits where the horse was worth millions of dollars before it was injured.

What to do when a horse is on trial?

Specifically, while out on trial the horse does something to injure either the potential buyer, or a separate third party. In such a case, the first thing you should do to protect yourself is to require that the buyer sign a waiver, releasing the seller of all liability from the horse.

What to do when selling a horse in Texas?

If you are selling a horse in Texas – especially one to be shipped to a buyer in another state – you should take all measures necessary to ensure you have complied with state health documentation requirements. If a buyer wants to undo a sale and a lawsuit arises, he or she will go through all documents you provided with a fine-tooth comb and attempt to find every detail you missed or your vet might have overlooked.

What are the responsibilities of a horse owner?

Horse ownership responsibilities include both a significant financial commitment, as well as a substantial time commitment. As a horse owner you are financially responsible not only for the purchase price of the animal, but also for its continuous upkeep including items such as feed, shelter, veterinary bills, and shoeing costs.

What happens if you get kicked off a horse?

For example, getting kicked or falling off a horse can result in everything from minor bruises to a devastating spinal injury and paralysis or a traumatic brain injury.

Does Texas have a horse law?

Texas does not have a specific set of legal statutes that address the needs of the equine community. Instead the courts rely on a variety of statutes including contract law, tort law, and probate law. An attorney who is familiar with the needs of the horse community and is up-to-date on current equine law developments is able to better analyze equine breeding, buying, selling and management issues in a timely manner.

What are horse lawyers?

The horse lawyers have helped clients with all types of equine related legal issues. The issues go beyond horse law and usually include equine ownership issues, equine purchase and sale problems, equine related tax matters and, where a dispute arises, the proper litigation procedure.

Why do you need a horse lawyer?

In many client situations, there is a need for a horse lawyer to understand not only horse law, but also a need for the horse lawyer to understand other legal areas that typically arise in equine activities.