Arizona in the Saddle September 2014 Issue | Page 40

When your pet is more than just a pet

You May Hope You Never Need
an Attorney, but You Do!
by Adam Trenk, Esq.

I

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Glendale, AZ 85301
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September 2014

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recently saw a commercial for a television series about an attorney on
the AMC network. The character said “Lawyers, we are like health
insurance. You hope you never need it, but man ‘oh man, not having
it? No!” as he shook his head in disbelief. During the course of my nearly
four years as an equine attorney I have written many articles for local and
national trade magazines about the importance of knowing a good attorney
who is well versed in the equestrian business. This television teaser pretty
much summed it up.
In the horse industry, it is common for us to rely on professionals. We use
veterinarians, farriers, and trainers to help us in our pursuits and give us
peace of mind that our equine affairs are in good order. Unfortunately,
so many in our industry still underutilize attorneys, leaving themselves
exposed to liability, government sanctions, and the consequences of
undocumented or poorly documented business deals. I expect the aversion
to attorneys arises from the negative stigma associated with lawyers. One
that I understand, considering that
so many wait to engage the services
of a lawyer until after they have
legal problems. At that point, legal
services are absolutely necessary
but also far more costly and under
more stressful circumstances than
if some preventative legal planning
and documentation had been put in
place before hand.
When a legal dispute arises in the
horse business, there are generally
The author, participating
a few common denominators. (1)
in a relay race
At least one if not all of the parties
involved was unrepresented by legal counsel prior to the dispute, (2) resolving
the problem is going to cost more time and money than it would have taken
to prevent the problem if adequate counsel had been sought before engaging
in the transaction, and (3) the dispute could have been prevented or would
be resolved far more quickly once it erupted had all parties been adequately
represented when engaging in the transaction. Therein lies truth behind the
statement from the above quoted TV commercial.
Having a relationship
with an attorney
who understands
your business is sort
of like having good
health insurance, or
even more aptly put,
like having a good
doctor. The attorney
is there to assess your
situation, identit H[