Tuesday, November 24, 2015

Fundamentals Involved In The Equine Law

By Marci Nielsen


The law profession is wide and it has dedicated branches to handle various aspects in it. Equine law is one of the branches. In Dedham, MA, this branch is concerned with the horse industry in its entirety in addition to all matters and industries related to horses. Matters that relate to horses are many and very diverse and they include purchases, sales, transportation, leasing, and boarding among others.

The first responsibility that lawyers owe to their clients in this field is eliminating liability. Horse riders, trainers, learners, and owners are some of the most commonly represented clients. Since little is known about equines to many people, most of them wonder if legal practitioners make enough to lead decent lifestyles. What people do not understand is that there is usually enough business and the client base is huge. Legal representation is required by businesses and individuals who operate in the industry.

Many lawyers have shifted from other branches to specialize as equine lawyers. Many ambitious attorneys avoid this field because they do not think it is attractive enough. They opt for more common fields such as prosecution, judges, and corporate law. With that happening, the field that deals with horses is left with very little lawyers, which makes it even more attractive. Additionally, one can specialize in other fields if they want.

Clients in this subspecialty are many and diverse too. They can be individuals, partnerships, corporations, government agencies, or limited companies. The options are very many. While some clients are regular, other are usually one-time guests. Examples of one-time clients are grooms who intend to hire horses to be used at their weddings. Because there is a possibility of liability resulting even from a one day event, the groom must hire an attorney to handle the paperwork.

The responsibilities that attorneys have are several and they depend on the nature of the case. However, they are involved with drafting, reviewing, and negotiating contracts for use by professionals and non-professionals alike. Breeding, lease, boarding, purchase and labor agreements and liability waivers are examples of contracts handled. Horses are treated differently because they are special in many ways. They can simultaneously function as vehicles, athletes, source of food, and means of transport, which makes it necessary to handle them under a separate subfield.

Lawyers also offer assistance in other areas including insurance, tax, and immigration. People who get involved with horses are required to pay taxes to the government. In some cases, disputes may result, and it is the duty of the attorney to resolve them peacefully. Other disputes that need to be solved result from zoning and grazing.

In terms of migration, horses are exposed to strict laws. There are several papers that need to be drawn and filed before a horse can move from one country to another. The process also involves a lot of insurance issues that must be ironed out upfront before migration. Lawyers can be hired on a full time basis or as consultants.

Rates charged by lawyers are different in different locations. Charges are usually dictated by merits of a case. Despite of merits, governments impose caps on how much lawyers can make from a case to avoid client exploitation.




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