When and How to Hire an Attorney

Most horse people do not have an attorney on retainer, so when they have a legal matter arise, they’re not sure whether they need an attorney or how to find one. Here are some tips.

When to Contact an Attorney

• If you have been served with a lawsuit. As soon as you receive the complaint, the clock starts ticking on your time to file an answer, which can be as little as 20 days. Your attorney will need time to become familiar with the facts and prepare the answer, so do not delay in retaining an attorney to represent you.
• If you have received a letter from an attorney threatening a lawsuit. In many cases, such letters do not actually lead to lawsuits, but you should seek advice from an attorney who can advise you on how to proceed.
• If you have a serious potential dispute situation, such as an injury occurring on your property. An attorney can advise you of actions to take and not take that might affect your liability.

How to Find a Qualified Attorney

• To find a horse-savvy attorney, visit Equine Legal Solutions’ state-by-state directory of equine lawyers, or Contact Us for a free referral.
• If you have an attorney you have used in another matter, ask them if they can represent you, and if not, can they recommend someone appropriate.
• If you know of a friend or colleague who has experienced a similar issue, ask them for their attorney’s contact information.
• Contact your city or county bar association, and ask for a referral to a local attorney. To find your closest bar association, simply type the name of your county or city and “bar association” into your favorite internet search engine.
• Use an attorney directory that other attorneys use, such as Martindale-Hubbell.

Contacting Attorneys About Your Case

• Even in the internet age, you will be able to set up an appointment for a consultation more quickly if you call rather than email.
• When you call an attorney’s office, you will probably speak to a receptionist or legal assistant. They are not attorneys and cannot give you legal advice.
• Most attorneys offer an initial telephone consultation for a nominal fee.
• Do not expect to receive a same-day appointment for a consultation. Most qualified attorneys are very busy and, therefore, you can expect to wait several days or even a week for an appointment. You might find it helpful to set up consultation appointments with several attorneys so you will have choices.

Which Attorney Should You Hire?

• In deciding whom you should choose to represent you, the single most important factor is your personal comfort level with the attorney. You will likely be communicating with the attorney on a regular basis, so you want to choose someone you feel comfortable talking to.
• Your attorney should have the appropriate expertise for your particular matter, both in terms of legal substance and factual knowledge. For example, if you have a horse-related dispute, it is often helpful to have an attorney with equine knowledge. However, your attorney should also be experienced in pursuing your type of case. For example, if you are being sued over an accident that occurred at your boarding stable, you want to choose an attorney who not only has a basic working knowledge of boarding stables but is also experienced in handling personal injury cases. In some instances, you might not be able to find an attorney who fits these criteria, and in such cases, the attorney you choose might need to retain another attorney to assist them.
• Your attorney should be licensed to practice in the state where the dispute will likely be decided (i.e., where any lawsuit would be brought). In some cases, this means choosing an attorney outside of your state.
• Your attorney should not have a state bar disciplinary record of any kind. Most state bar associations have online records searchable by name. To find the relevant state bar association website, simply type the name of the state and “bar association” into your favorite search engine.
• Your attorney should be happy to provide you with client references.
• Your attorney should be willing to provide you with an estimate if you request one.
• You should be able to reach your attorney relatively promptly. If you are an existing client, you should expect messages and emails to be returned within one business day.
• DO NOT simply hire the least expensive attorney you can find. Most attorneys charge by the hour, and their hourly rates reflect their expertise, qualifications, experience and geographic location. In many cases, a more experienced attorney with a higher hourly rate can save you more money than a less-experienced attorney with a lower hourly rate, simply because they are more efficient at their job.

To schedule a legal consultation about your horse-related matter, contact Equine Legal Solutions.