Business Real Estate: Selecting a Good Lawyer

Tom Pedreira

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If you have a real estate problems and don't already have a list of prospective lawyers, a great place to start your search is right here at lawyers.com. You can do a free search to come up with a list of lawyers by using the Find A Lawyer search box that can be accessed from anywhere on lawyers.com. (You should see a search box on the right side of your computer screen.)

Once you have a list of lawyers, take a few minutes to make sure that you are looking for the right kind of lawyer. Keep in mind, for example, that there are different types of real estate lawyers, so you need to look for one with expertise where you need it.

Now you want to find out every thing you can about them and then do some initial screening to whittle down your list to three or four prospective candidates.

• Look at the biographies and Web sites for the lawyers and their law firms. Do they appear to have expertise in real estate matters? Do they have any information on their Web sites that is helpful to you?
• There are different types of real estate lawyers, so you'll need to look for one with expertise where you need it. Subcategories of real estate law include:
  • Residential
  • Commercial
  • Industrial
  • Agricultural
  • Eminent Domain
  • Land Use Matters
  • Landlord-Tenant
• Expertise in one category doesn't mean expertise in other categories. Lawyers who represent lenders or landlords may not represent consumers with problems in this area. So if you're a borrower, a tenant or a consumer, check out who the lawyer and his or her firm primarily represent. If you can't tell, call the lawyer's office and ask.
• Look for a list of representative clients. Are they the types of clients that you'd want your lawyer representing? Does the lawyer represent other businesses similar to yours?
• Search the Internet under the name of the lawyer and his or her law firm. Can you find any articles, FAQ's or other informational pieces the lawyer has written that give you a level of comfort?
• Ask other people if they have heard of the attorneys and what they think about them.
• Contact your state bar association or go to their Web site to find out if the lawyer is in good standing.
• Check out the yellow pages of your telephone directory. Does the lawyer advertise? If so, do you find the ad compelling? Helpful? Tasteful?
• Check out the archives of your local newspaper. Has there been any publicity about the lawyer or the cases that he or she has handled?
• Consider any special needs you have. For example, could you benefit from an attorney who speaks a language other than English?

Types of Real Estate Lawyers

If you have a real estate problem, you probably want a lawyer who either handles lawsuits (sometimes called a business litigator), or handles contracts and corporate matters (called a transactional lawyer).

It can be difficult for tenants to find legal representation in this area because lawyers may be hesitant to take on a case against a bank or financial institution, or a landlord, which can usually afford to hire good lawyers. However, it is not unheard of for lawyers to take real estate cases on a contingency fee (e.g., on eminent domain matters, or when property owners are suing a developer).

Consumer protection statutes that you can rely on (such as truth-in-lending statutes) may also help to tip the scales in your favor. Look for lawyers who say they have expertise in these areas. You may be able to band together with others who have the same problem and hire one lawyer.

If you may need a lawyer in the future, think about retaining a lawyer or a law firm that has areas of expertise to cover all of your anticipated business needs. It's not a bad idea, for example, to look at a "full service" firm that does both transactions and litigation.

Look to see if a lawyer is connected with associations that cater to your legal issues. For example, many bar associations have sections in real estate or business law, and other related categories. Having a lawyer who is involved in a chamber of commerce or other local organizations may also be a good sign, depending on your legal needs.

Unless there are special circumstances, you'll want to hire a lawyer with an office that is not too far away from your business. Special circumstances where you may have to go out of town would include a situation where local attorneys don't specialize in the area where you have specific legal needs, or where you're planning on expanding operations to another location.

Before You Meet With A Lawyer

• Ask for references. You'd want to talk to people who could comment on the lawyer's skills and trustworthiness. Get a reference from a bank and from other lawyers.
• Ask about conflicts of interest. Does the lawyer represent any opposing parties? Does the lawyer represent any of your competitors?
• Ask for a copy of a firm brochure and promotional materials that the firm may have. Crosscheck these materials against your other sources and references.

Tom Pedreira is a business lawyer handling matters throughout the Western U.S. He is with the Seattle law firm of Mikkelborg, Broz, Wells & Fryer, and he can be reached at tpedreira@mbwf.com .

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