Name: Aoife Smithwick
Based at: Kavanagh and Co Solicitors, The Square, Tullow, Co. Carlow.
Job title: Associate solicitor
Qualifications: BBLS, mediator and ACP collaborative lawyer.
How many years did you study and serve as an apprentice?
I did a four-year college degree, a two-year apprenticeship and one-year training in The Law Society.
What’s your equestrian background?
My mother bred Welsh Ponies (Kilcreene Stud). We grew up breaking and bringing on young ponies. We did a lot of showing, pony club and hunting and some eventing as children.
Now it is hard to find time for myself as my children are in the Pony Club! I hunt with the West Wicklow Foxhhounds and am a member of Coole Lane Riding Club.
Is there much need for an equine specialist within the legal division?
This area of law is increasing, particularly in the sport horse industry. Ireland’s ever improving economy has resulted in a significant increase in horse ownership and equine sport of both amateurs and professionals. As with all transactions, there is more than one party involved and where there are multiple parties involved there is scope for dispute. Such disputes include purchase contract, partnership dispute, veterinary negligence case etc.
Can you see an increase in clients looking for an equine legal specialist?
Yes, and not always at adversarial levels. Professionals in the industry are looking (and should be looking!) for agreements to be drafted to avoid any room for misinterpretation. All efforts should be made to resolve issues at a grassroot level via mediation or collaborative process. Ireland is a small country and people in the industry will need to deal with each other in the future. Mediation reduces the level of acrimony between parties.
What are the typical equine cases that you deal with?
A recent case I dealt with was advising a client purchasing a horse without a passport and the difficulties that surround same. Subsequent to that, another client had a horse in livery and unfortunately the yard owner did not bring an issue to the owner’s attention that arose in the yard which resulted in significant veterinary costs. These are the minor cases. Other cases involve injury to horses during transport, disputes over sale of horses and ownership percentages where no partnership agreement was formalised.
What do you enjoy about your job the most?
Often when I meet with a client they are at their lowest ebb, as much as we hate to say it people don’t like to meet with solicitors unless they are desperate. The job satisfaction comes through forming a long-term relationship with a client as a result of working progressively together in reaching a successful outcome for all.
What advice would you give someone hoping to enter this profession?
You really need to love what you do. The job is difficult, time consuming and unfortunately as clients are usually at their lowest ebb, you are not always giving them the pretty picture. However, our job is to manage expectations and remain objective. As with all relationships, not all solicitor/client relationships work out and you must be able to manage that. It is a job that gives huge satisfaction when you put the hard work in.
Aoife Smithwick was in conversation with Emer Bermingham