Page 18 - Demo

As an attorney servicing the business needs of theequine community in Arizona for more than adecade, and also licensed to practice law in Kentucky,I have worked to negotiate and document countless transactions.As a rule of thumb, I advise that any transaction involving anyongoing obligations (such as a boarding agreement or breedingcontract) and/or the exchange of money in excess of Five Thousand Dollars ($5,000.00) (as may be the case for the purchase andsale of a horse) should be documented by a contract written, orat least reviewed, by a qualified attorney. I am also frequently called upon after a transaction has beencemented but then led to a dispute, which can happen for anynumber of reasons. In that capacity, I either have to mount a defense (if myclient has already been sued), or work to resolve amatter without resorting to litigation, and if that fails, advocatetheir position throughthe court system (when my client comesto me with the grievance against their counterpart to a transaction). It is at this juncture that I have to help my clients grapplewith the choice of law, venue and forum selection.How and where a case is brought to court is determined byseveralfactors that most non-lawyers take for granted. When atransaction is documented by a written contract, that documentshould have a “choice of law” clause. A choice of law clausestates the laws a particular jurisdiction shall govern in the eventof a dispute arising out ofthe transaction.Choice of law clauses are particularly important when theparties to a contract reside in two different states. For example,if you live in Arizona and are selling a horse to someone in Colorado, you will want the contract to state that Arizona law beapplied should the situation devolve into a lawsuit.However, on its own, this choice of law language does notmean that the parties could not end up battling out the application of Arizona law in a courthouse in Colorado. To avoid that,potential venue and forum may also be pre-determined by a contract.Venue is the geographic location where a dispute is to bebrought. It is advisable even for contracts that do not cross statelines to contemplate venue. Thus, the contract should state thata dispute is to be resolved in a specific county or city.Parties to a contract have the absolute legal right to stipulateto a choice of law, venue and forum in the event the matter contemplated results in a dispute. If a transaction is consummatedwithout clear choice of law and forum selection being clearly defined and detailed in a contract, a party to a transaction couldliterally be forced to defend themselves in unfamiliar territoryand grappling with foreign (at least out of state) laws.Getting sued in another state will not only put you at a strategic disadvantage but can result in exponentially greater litigationcosts, having to work with attorneys from afar and physicallyhaving to travel to attend depositions, settlement conferencesand ultimately trials. A “Choice of Law/Venue and Forum” clause may read something like:The laws of the State of Arizona shall govern this Agreement. Inthe event of a dispute arising out of this Agreement, the partieshereto mutually consent and agree that it shall be resolved exclusively in a court of appropriate jurisdiction in MaricopaCounty, Arizona. Here, the italicized words detail your choiceof venue, and the emboldened text contemplates venue andforum. The forum is not specific, but in most cases this languageis more than sufficient.When entering a contract where the amount in controversyhas the potential to exceed $75,000 (which may or may not bethe amount of money exchanged, but a total of the considerationChoice Of Law, Venue & Forum Selectionby Adam M. Trenk, Esq.18 Arizona Horse Connection May, 2026continued on page 20Jean Burke Tubac, Arizona(520) 401-2233• 24 Hour On-Site Supervision• Veterinarian On CallSpecialized horse care...over 20 years of quality service.Psalm 40Lush Green Grass Pastures... Lush Green Grass Pastures...in Southern Arizona in Southern Arizona• Mares • Geldings• Weanlings• Mares And Foals• Lay Ups• Retired Horses• 35 Years In Business• Year RoundElevation 3300 ft.Does your horse need a new lease on life? Do you want your youngsters to grow up as real horses? Do you like green grass and cooler weather? Then these pastures are for you!100 Irrigated Acres Divided Into 5 to 6 Acre Pastureswith Smooth Wire & Pipe FencingElectric Fence • Pens Available