SOME readers have enquired by what manner they should go about choosing a solicitor. There is no straightforward answer, however, the following thoughts offered by way of guidance may be of assistance. It should be noted that the following advices presume a client in the equine industry or wishing he could afford to be.

An inherited solicitor

Experience has taught me that most people underestimate how wise their parents really were. My own father told me that on leaving for university he was abhorred at how backwards his parents were but on returning from university, he was overjoyed to see how much they had learned when he was away.

The solicitor your parents used is probably the best place to start. Better still, if they have a daughter or son who is in the practice, you can look forward to the relationship developing on a generational level. An inherited solicitor is likely to know your people and the delicacy with which the out-farm owned by your granduncle and now of uncertain title needs to be handled.

The family solicitor will have a “long time preference” and is more likely to charge reasonable fees on account of the long established relationship.

The inherited solicitor will keep you grounded in reality and gently discourage you, when making your will, from leaving the holiday home to that lady nobody knows about when all expected it would be left to your niece.

The Dublin operation v. The country practice

PERHAPS it is on account of my own country practice, but I must confess I have a prejudice against Dublin offices. All prejudices are bad because they are irrational.

The truth is that a Dublin operation is the place to go for certain types of services; including repossessions of homes if you are an asset fund and you need a robust eviction processes, or if you are looking at merging your two financial services companies, or indeed if you need to comply with the procurement criteria to “ameliorate” the local mountain with a wind farm and the local solicitors decline to act.

If, however, you require more simple and old-fashioned services such as the purchase of agricultural land (and my commendation to you if you can outbid the dairy men), the drafting of wills, the litigating of disputes regarding the ownership of a horse, the negligence action against a veterinarian, representation when you are subjected to an unfair disciplinary process by an equine organisation after the horse’s blood test shows the horse was smoking again (Yes, I am aware that horses are known to steal cigarettes to get their fix), should your hunt need new trustees or a new constitution, or if there was an accident at the agricultural show, then a country practice is likely better suited.

I am doubtful that Big & Bigger LLP on Merrion Square is quite for you. In my experience most local solicitors takes pride in resolving disputes quietly, efficiently and doing their small part to help the next generation.

Specialist v. the generalist practitioner

THE specialist is sometimes perceived as having an advantage over the generalist on account of their presumed superior knowledge. In my view this is nonsense.

A good solicitor will be a specialist in the study of the human condition with a fine-tuned judgement for human weakness. Your solicitor needs only a confident assurance in his/her dealings with others and a nose for a profitable settlement, an instinct for sound legal tactics and a good gut you can trust when you simply have to “buy it off”.

As for expertise, that is what barristers are for. Barristers provide their services to every solicitor and are required by their professional code to follow the cab rank rule serving solicitors in order of solicitation so long as the barrister is available to act and happy to act in that matter.

The sole practitioner is the foundation of the legal system

SOME say - and it is supported by some study of the matter - that the West is built upon the aspiring individual engaged in market activity for his own benefit alone. I think that’s correct.

In my experience self-employed people are resourceful, resilient, fiscally prudent, hard working and reliable. A solicitor sole practitioner is the legal version of the self-employed market actor.

In my own view, the sole solicitor practitioner is the foundation of the legal system in Ireland. They are men and women of immense character and dedication who routinely put the needs of clients before their own personal needs.

They are a part of our community, they are accessible and they know that tomorrow’s success relies on today’s success.

Yes, there will be times when they are busy and can’t come back to you immediately, but this is outweighed by your knowledge that they and only they will be giving your case the attention it deserves - as soon as they can, that is.

The ultimate test

In my own view, the calibre of a lawyer can be best measured at the cross-section of two proportional metrics; their love of the law and their love of horses.

Of course the latter absent the first is a potential negligence action and the former without the latter is a large bill and little understanding that you need that money to buy that nice three-year-old who is a half-brother of a very nice son of whoever. Expect a blank face.

Spy out the bookshops, particularly the second-hand bookshops of your town, with a view to observing which of the solicitors engage in the reading.

Judge carefully the section they are drawn to, avoid those flicking nervously through self-help publications and prefer those who leaf philosophy primers and history tomes as if it’s today’s latest news.

In this manner you will discern which solicitors have a love of learning, being fully assured that they likely stay up late at night reading the latest 100-page Supreme Court judgment from Mr Justice Charleton.

The second step is to call the office to book an appointment on a day the local pack is meeting (preferably for a meet that is known to be a “good meet”) or a day when there is racing locally. Enquire with the secretary if you can speak to so and so.

If the secretary tells you the solicitor is out, reply confidently that he is “presumably in Court”. If the secretary makes hurried agreement, tell the secretary you are actually outside the courthouse and perhaps you could call in if he has a break in his list.

If the secretary then pauses and tells you he is actually away elsewhere “on business”, politely end the call and be assured you have the right solicitor and the name of their hunter is probably “Business”.

In my estimation a solicitor who puts following hounds, leaning on the parade ring fence, attending the local show or even competing in a three-day event ahead of just another day’s money-making is exactly the quality of person you should endow with your patronage.

Such a solicitor will understand your unique equine dilemma and perhaps become a friend in time. You might even get an invitation to something or other. Who knows.

Seán D Rafter is a Kilkenny-based barrister practicing in criminal and civil law with a special interest in equine and agri issues. He is an enthusiast of hunting and racing and a good book.