Tuesday, December 23, 2008

Soon, Very very soon.

I am working on it. Please be patient. Go back to your holiday shopping and travel. The whole thing will be waiting for you after you finish your huge holiday meals and wash all the dishes.

Nothing in the law is black and white, it’s all shades of grey and reality changes with each court decision. I am trying to be very very careful in what I post and how I post it when it come to liability because so many people fear it and very few people feel comfortable with no clear answers—just areas of suggestion. Liability is like weather. Just prepare for the worst and then go on with your life.

Hence, I am trying to find, beg or borrow the most concise way to get the next section out without either scaring people or giving them a false sense of confidence. I also have to do an update check on the laws of several states. That will take all day. That is exactly why I hate the suggestion that a free or cheap initial consultation with an attorney can give you any useful information. Short story on that and then I promise its back to reading a dissertation (and I am not kidding—its an actual PhD dissertation) on new changes in equine liability laws and get to posting those releases:>

Perfectly good general practice lawyer with a well respected firm gets a call from a person who has a horse that no board has been paid on for several years. The horse had been part of a seizure for animal cruelty and it took many years to work through the courts. Perfectly good lawyer gives the standard answer—file for a stableman’s lien and take title to the horse. Perfectly good lawyer had no idea this horse and about 70 others had been part of an appeals process that went all the way to the state Supreme Court. SC had already ruled on exactly how the horses should be handled and how the bills should be paid. The usual answer was not the right answer in this case. Context and background facts always matter. Case law matters. Experience just gets you through those things faster, but in a profession where the reality changes weekly you have to do some work to give out the easy answer. Take anything you hear with a grain of salt and understand your mileage may vary.

So now I will do some more work.

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