2015
ANNUAL REVIEW
Timeline PAGE 3
A full timeline of events and accomplishments in 2015
Oktoberfest PAGE 5
2015 Brewer Firm Oktoberfest - reviving an annual celebration of good cheer...and beer
New Laws PAGE 9
Read about our e-book discussing and analyzing the new California laws in 2016
By The Numbers PAGE 11
From website visits to new clients, see how 2015 measured by - by the numbers
Sharing Economy PAGE 12
Webinar addressing concerns that Bay Area residents have about short-term rentals
Day on the Bay PAGE 13
Why a Sailboat?
A sailing adventure on the San Francisco Bay, and how teamwork moves the sails
2015 was a banner year for us at the Law Offices of Peter N. Brewer. In our 20th year, we scored many victories for our clients, added new attorneys & staff to our team, and embarked on new adventures and challenges.
Attorney Award
To celebrate the firm’s accomplishments, we took a sailing trip in October on the San Francisco Bay area, thus the sailing theme for this year’s annual review.
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A special award presented to an attorney that invests in client service
Thank you for making 2015 a special year. As we looked back in preparing this review, we couldn’t help but feel humbled and honored to be trusted by our clients and colleagues. We wish you a wonderful, happy, and successful 2016.
Around the World PAGE 17
Thanksgiving card highlights the world travels of firm members in 2015
www.BrewerFirm.com (650) 327-2900 ©2016 Law Offices of Peter N. Brewer All Rights Reserved 2501 Park Blvd, 2nd Floor Palo Alto, CA 94306
Warmest regards, The Law Offices of Peter N. Brewer
The firm published the Legal Guide to Home Remodels, an e-book written by Charlie Bronitsky. The guide covers a range of important legal topics related to home remodel projects
Simon presented a webinar about build-out provisions in commercial leases
20 Years! In 2015, our firm celebrated its 20th anniversary
Julia M. Wei presented to the Don Edwards Inns of Court about Guaranty Liability
After 3 unsuccessful attempts to resolve a dispute over an easement for ingress and egress, Peter Brewer facilitated a successful and amicable resolution to the matter through a private mediation
The Law Offices of Peter N. Brewer joined the International Network of Boutique Law Firms (INBLF)
Director of Marketing Clayton Dodds attended the 2015 LMA International Convention in San Diego
For the 6th consecutive year, attorney Peter N. Brewer was selected for the prestigious 2015 list of Northern California Super Lawyers®
Peter and Simon Peter and Simon presented presented at the SILVAR® about easements, boundary tour breakfast for the Los disputes, and REALTOR® liability Altos - Mountain View at the SILVAR® tour breakfast district for the Menlo Park - Atherton district
The firm published an infographic, written by Julia M. Wei, about collecting on accounts receivable for small businesses
The mobile version of our website went live
Henry and Julia co-authored an article, titled “The CoEvolution of the Mortgage Market and Mortgage Law,” published in the California Real Property Journal
Henry Chuang married his longtime best friend and partner, Jordan Bowler
Henry and Julia prevailed at trial to successfully allow a hard money lender to foreclose on a $3 million+ property that was in bankruptcy
Peter Brewer was selected and confirmed as the Vice Chair of the Executive Committee for the Law Practice Management and Technology section of The State Bar of California
Throughout the summer, members of the firm invited guests for a dinner and concert at the Mountain Winery, to see headliners such as Gordon Lightfoot, Sheryl Crow, Harry Connick, Jr., and Pat Benatar & Neil Giraldo
Simon Offord presented a webinar, titled “Real Estate Law in the Sharing Economy”, addressing legal issues with shortterm rentals on sites like Airbnb A new sign was installed on the side of our building, which is clearly visible during the day and wired to illuminate at night
Nearly 200 clients, colleagues, and friends came to the firm’s 2015 Oktoberfest celebration to enjoy seasonal brews and traditional Bavarian food together
Julia M. Wei attended the California Mortgage Association (CMA) summer seminar in San Diego
Jessica Urioste celebrated her birthday by taking a vacation to Italy. Jessica bicycled around Italy and explored Florence, Rome, and Tuscany
Peter Brewer’s wife, Laura Brewer, won a world championship in steno shorthand and speech capturing at the 2015 Intersteno Congress in Budapest, Hungary
The firm hosted students from Santa Clara University School of Law for a dinner, as part of the SCU Law 1L Mentor Program
On her very first attempt, Ashlee D. Adkins passed the California Bar exam and was sworn in as an attorney
Charlie Bronitsky had two articles published in the Foster City Islander
Julia M. Wei presented to Stanford Federal Credit Union about the new TILA-RESPA Integrated Disclosure (TRID) rules - “know before you owe”
The attorneys and staff of the Law Offices of Peter N. Brewer took a tour of the Recology San Mateo County materials recovery facility to learn about recycling and composting
Peter Brewer was a guest lecturer for the Introduction to Real Estate class at Menlo College
The firm mailed out 1,500 Thanksgiving cards. The theme for 2015 was “Around the World”
Charlie Bronitsky was appointed Vice-Mayor of Foster City, California
Clayton Dodds spoke at the 2015 LMA Technology Conference about “Online Marketing for Small Firms”
The firm, along with guests and significant others, took a sailing adventure on the San Francisco Bay
Peter Brewer was awarded the 2015 Rella Lossy Attorney Professional Achievement Award
or 16 days every autumn, the area around Munich in Germany transforms into a global epicenter of festive beer drinking. What was once a celebration of a Bavarian Crown Prince’s marriage, Oktoberfest is now the largest beer festival in the world, held in the heart of Bavaria with over 6 million people attending each year. The smell of bratwurst and sauerkraut permeates the massive festival grounds, eclipsed only by the soundtrack of bouncing melodies from brass bands playing polka music and the clinging glass mugs of toasts to good health. It is impossible to recreate the exact same atmosphere halfway around the world, but the Law Offices of Peter N. Brewer does share the same spirit in its annual Oktoberfest celebration.
Our Firm’s Take In the same spirit of good cheer and friendship, the Law Offices of Peter N. Brewer annually hosts a scaled-down version of Oktoberfest. Clients, colleagues, and friends of the firm come together for a celebration, where traditional Bavarian food During this enormous celebration, Bavarian hats and seasonally brewed beers are shared, along (Tirolerhüte) adorn the heads of many attendees, with fellowship and good cheer. Unfortunately, complete with little tufts of chamois hair tucked in 2014, the firm had to take an Oktoberfest on the outside of the hat. Men wear lederhosen, hiatus, with no one at the helm to coordinate which are traditional Bavarian leather breeches the festivities. So a return of Oktoberfest in 2015 that extend near the knees, held up by needed to be particularly special. The mission suspenders. Men traditionally wore this type was to give new life to an annual tradition. of outfit for hard, physical work in the Alpine “Clients look forward to Oktoberfest every year region of Germany. Women at Oktoberfest wear – not only because of the food and beer, but a dress called a Dirndl, which includes a blouse, because it is a great opportunity to reconnect full skirt, bodice, and an apron – symbolic of the with other real estate professionals in the area,” traditional clothing worn by Alpine peasants. said Clayton Dodds, the Director of Marketing at the Law Offices of Peter N. Brewer, and the person charged with coordinating the event in 2015. “This year, We “Good cheer” is a fine place wanted to create a to start when trying to memorable experience translate “Gemütlichkeit” for all attendees, and into English. However, there reinvigorate Oktoberfest really isn’t a direct translation as something clients that adequately captures the talk about and attribute sensations of warmth and to our firm”. The event friendliness that the term takes place at the Brewer “Gemütlichkeith” professes. Law office building, Germans use this term to and is usually hosted in describe a space or state of conjunction with one warmth, well-being, social or two other law firms. acceptance, and peace. The Typically about 50-60 music, dance, and games of people attend, making Oktoberfest are said to be for a fun and relaxing enjoyed in an atmosphere of event on a Friday “Gemütlichkeit”. afternoon in the Fall.
Gemütlichkeit
We had a tremendous turnout in 2015 - over 100 RSVPs were collected and nearly 200 people showed up Oktoberfest 2015 at the Law Offices of Peter N. Brewer began at 3:00pm on Friday, October 16th. The weather was comfortably warm and sunny, despite warnings of El Niño storms. Guests began arriving, and the venue quickly filled up, with attendees enjoying beer and having conversations with each other. As the food was served, the scents of sausage and sauerkraut circulated around the venue, as sounds of laughter and polka music reverberated off the walls. The beer continued to flow, served in branded souvenir cups for attendees to take home. The crowd continued to grow as the evening went on, and while the food kept coming, the beer ran short! But a quick, emergency beer To make the 2015 edition of Oktoberfest a run saved the day and ensured every guest had special event, some new features were added. enough to drink. Before the event, over 100 First, a “Save the Date” e-mail was sent out early people had submitted an RSVP, but by the end in July, so attendees could mark the date on their of the event, nearly 200 people had shown up, calendars well in advance. To RSVP, attendees marking the best turnout for Oktoberfest - ever. no longer had to call in or e-mail. Instead, there We look forward to seeing you next year at was a simple online form to fill out. Hardcopy Oktoberfest -don’t forget your lederhosen! and e-mail invitations were sent out about a month prior, and e-mail reminders were sent out periodically before the day of the event. At the event itself, string lighting was added underneath the building, to provide more light and ambiance for the event. Brochures were provided, with a full menu of food & drinks as well as a brief history about Oktoberfest. To create the setting of a German village, a new backdrop was selected, accompanied by a blue windmill. However, the most fun addition was a barrel bar, behind which authentic-looking beer girls served beer to guests. Wearing “Dirndl” dresses, the girls were incredibly outgoing, contributing to the fun atmosphere of the event.
Beer, Food, & Friendship
In 2015, the California legislature passed hundreds of bills that Governor Jerry Brown signed into law. These new laws addressed a number of issues for Californians - from criminal justice to voting rights to health care to climate change. The historic drought that California has been in since 2014 also drew legislative focus, with many bills encouraging water conservation. New laws can have a profound impact on the real estate community. In California, with the highest rents and the most expensive property values in the country, changes in the law can create significant consequences for homeowners, real estate professionals, investors, brokers, tenants, and landlords. It is critical to stay up-to-date on the new laws, but with hundreds of laws passed by the legislature every year, it is hard to figure out which laws are most important to know.
To make the new laws more understandable, the e-book is structured to isolate key points of a new law and to identify who is impacted by the change. For each law covered in the e-book, the analysis begins with a discussion about existing law. This way, the reader can understand the context in which the law was changed. Following the existing law segment is an analysis about what each bill effectively does, and what the impacts are. The laws are indexed based on audience type, so a landlord, investor, or real estate agent can quickly see a list of all the laws that impact her or him. Included in the e-book To help the California real estate community, are also additional resources the Law Offices of Peter N. Brewer published an and sample forms, for immediate e-book about the new laws, titled 2016 New implementation of the new rules Real Estate and Lending Laws in California. and procedures. This 38-page e-book is free to download, and contains valuable insights about the new laws 24 bills in total are analyzed in that impact California real estate. the e-book, and here is a brief summary of a few of the most important new laws: AB 139 – Establishes the revocable “Transfer on Death” deed as a tool to be used to transfer property upon death, without probate AB 418 – Landlords are now required to allow victims of domestic assault to terminate their lease upon appropriate notice AB 802 – Energy Use Disclosure for Nonresidential Buildings is no longer required for commercial properties AB 1164 – Local governments cannot prohibit homeowners from installing drought-tolerant landscaping SB 328 –Landlords must provide notice before using pesticides
Download for free at:
www.BrewerFirm.com/2016NewLaws
SB 655 – Mold now creates a substandard housing condition
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Numbers 2
9,124
webinars produced by the firm in 2015
readers who opened our monthly e-mail newsletters in 2015
199
number of times it took Ashlee D. Adkins to pass the California Bar exam
new clients to the firm in 2015
62
1
hours of watch time for videos on our firm’s YouTube account
#
15,221
A graphic of all the words written in 2015 for the firm’s blog BayAreaRealEstateLawyers.com
57,332 visitors to our web properties in 2015
45,548 users engaging with content on our firm’s Facebook page in 2015
In the summer of 2015, over 17 million people stayed with an Airbnb host, where only 47,000 people were using the platform just 5 years ago. The meteoric growth of short term, peer-to-peer rentals is fueled in no small part by the potential for earning extra income – Airbnb reports that the average host makes more than $7,300 a year. As the popularity of these platforms has grown, they have challenged the profits of the world’s largest hotel chains and have prompted governments at all levels to launch regulatory inquiries. In addition, the infancy of the peerto-peer industry, also known as the sharing economy, means that abrasion with existing legal, contractual, and regulatory frameworks is bound to occur.
can the host do? Can a host discriminate by only renting to women? To address these and other concerns about the short-term rental economy, the Law Offices of Peter N. Brewer produced a webinar, entitled Real Estate Law in the Sharing Economy. Attorney Simon Offord presented the webinar in late December, as thousands of Bay Area residents were considering renting their property to holiday travelers. Over 60 people registered for the webinar and, although the presentation was delivered primarily as a webinar, there was an in-person audience as well because of demand. Attorney Offord provided an in-depth discussion about the sharing economy, including how to determine if a host can legally list their property, what kinds of restrictions exist (and how to locate them), and what legal issues may arise. At the end of the presentation, Simon answered many questions from attendees, since 97% had stayed on through the entire discussion.
Real estate law is one area that is significantly impacted by the rise of the sharing economy. For example, hosts that are renting their property on sites like Airbnb may be prohibited, in either their HOA’s CC&Rs or their lease. If a user refuses Feedback from the event was overwhelmingly to leave a unit after the rental period is up, what positive, and our firm aims to stay on the front end of how technology is changing the law.
Watch the webinar replay at:
www.BrewerFirm.com/SharingEconomyWebinar
DAY on the
BAY
IT WAS THE PERFECT DAY FOR SAILING For months, the story was that California was soon to experience one of the strongest El Niño seasons ever. In the midst of a historic drought, the rains would be welcomed – though forecasters warned that the rainfall still would not be enough. So, amidst the flurry of noise about impending storms, planning a sailing trip in the middle of October would sound like a fruitless endeavor. Time was running out and schedules would soon be conflicted with conferences, travel, and trials, so a date had to be set. Reservations? Made. Logistics? Resolved. Weather? To be determined. An eye constantly on the forecast and a phone call ready to be made, time slowly passed away as the day of our sailing adventure approached. But when October 30th finally rolled around, the forecast called for nothing but blue skies. And when everyone arrived on the docks of Pier 39 before setting sail, the temperature couldn’t have been more agreeable, and the winds couldn’t be tamer. Despite the nervous anticipation about El Niño, it was the perfect day for sailing.
A CHAMPIONSHIP VESSEL The quest for the 2003 America’s Cup – the world’s oldest and most prestigious international sailing yacht competition - began on a breezy day in the Hauraki Gulf in Auckland, New Zealand. The Oracle BMW Racing team boarded a magnificent and commanding yacht, the USA 76, in hopes of qualifying for the championship by defeating its Swiss challenger, Team Alinghi. Weighing 50 tons with a mast extending 115 feet from the hull, the USA 76 was an impressive vessel
that skillfully carved through the water with speed and efficiency. Because of sponsorship rules, the boat could not be named after its sponsor, so the name for the Oracle-sponsored boat remained the boat’s sail number: USA-76. Despite a feverous effort, the United States fell to a formidable opponent in the Swiss - the team that would go on to fall in the championship to the eventual winner, New Zealand. After the conclusion of the championship, Team ORACLE arranged for a rematch of sorts against Team Alinghi from Switzerland, to be held in the San Francisco Bay. With time to prepare and local honor at stake, USA 76 and Team ORACLE won both races against the Swiss, helping to regain pride for the Golden Gate Yacht Club and to showcase international yacht sailing on the San Francisco Bay. Since that race, USA 76 has been berthed at Pier 39 in San Francisco.
The mast of the USA 76 extends 115 feet into the air The sail surface area is 2,800 square feet The yacht can reach speeds of up to 22 knots
IT TAKES TEAMWORK To sail such a magnificent vessel, it takes a great amount of teamwork and coordination. For example, raising the main sail and the jib sail involves two people simultaneously working on a single crank. If the team is not working together, the crank will be extremely difficult to turn. A misplaced hand could even result in injury. Sailing also involves communication. When performing a maneuver, the boom will move from one side of the ship to another. This long, low-hanging beam can hit someone and send them overboard, so communicating between one another is essential for a safe outing at sea.
A SAILING ADVENTURE Peter Brewer (right) and his wife, Laura Brewer (left), work together on the crank to raise the main sail
On October 30th, our group of 17 embarked on a sailing adventure on the San Francisco Bay Area. The group included members of the Law Offices of Peter N. Brewer, significant others, friends, clients, and colleagues. We began the day on a charter bus that brought the group up to San Francisco from Palo Alto. Upon arrival, we enjoyed a quick lunch together on the pier before boarding our vessel. The ship’s crew, under the leadership of Captain Jon Buser, were friendly and helpful as we prepared the ship for departure.
Our group got the opportunity to help with every aspect of sailing the ship, from raising the main sails to steering the boat. Simon Offord The excellent weather made for a smooth ride as we ventured out in to the San Francisco Bay and eventually made our at the helm of the USA76, way underneath the Golden Gate Bridge. We executed a few with the San maneuvers in the open water, such as tacking and jibing, where Francisco each member of our group got to participate in the move. The skyline in the background yacht tilts up to 28% when executing a maneuver, but the weight of the hull is countered by a 40,000 pound keel to prevent the ship from completely tipping over. Just in case, everyone on board wore a life vest - thankfully, no one went overboard! After 2 and a half hours of sailing, our group made it safely back to shore - exhausted, a little sweaty, and maybe a bit sunburnt. Our firm is thrilled to have shared such a wonderful experience with our friends, colleagues, and clients. Teamwork and communication is vital to the success of our law firm, and we are glad to have had the opportunity to practice our skills on the open water. The entire group for the Brewer Firm sailing adventure on Pier 39, in front of the USA76 racing yacht
Attorney Peter N. Brewer (left) pictured with Alison Coleman, 2015 Legal Marketing Association - Bay Area Chapter President (right), being presented the 2015 Rella Lossy Attorney Professional Achievement Award
ATTORNEY AWARD
Attorneys go to law school for one purpose – to learn how to practice law. But what they often do not learn in law school is business. In their professional capacity, lawyers face tremendous pressure to do their jobs effectively and ethically. As a result, business development, customer service, and marketing are often paid little to no attention. The Legal Marketing Association (LMA) is an international industry organization that promotes law firm marketing, which is a relatively new practice, since lawyer advertising was prohibited by bar associations until the 1970s. Marketing principles are important not only for the business development and profitability of a law firm, but also for the service of a law firm’s clients. Working with a law firm can be difficult and emotional for a client, and so it is important to recognize law firms and lawyers that go beyond to serve their clients well. Every year, the Bay Area chapter of LMA presents the Rella Lossy Attorney Professional Achievement Award to recognize an attorney for engaging in good business and marketing practices. The award is given annually to an attorney who has demonstrated enthusiasm for marketing principles that extend the reach of the profession and who has worked to foster the growth of a marketing culture within his firm. At the LMA holiday party this past December, the 2015 Rella Lossy Award was presented to Peter N. Brewer. Over the span of 20 years, Peter has built his firm up from a solo practice to a size of 6 attorneys. Attorney Brewer places a strong emphasis on client service and business development, and has had a full-time marketing person at his firm for the better part of a decade. Congratulations Peter Brewer on this professional achievement!
2015 Rella Lossy Attorney Professional Achievement Award
Around the World
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The major holiday season usually kicks off shortly after Halloween. Decorations, lights, and wrapping paper overtake the shelves of stores across the country almost immediately after trick-or-treating has ended. With each year passing, it seems that Christmas has started to come earlier and earlier – holiday jingles glitter the radio airwaves way and holiday sales & promotions seems to start way too soon. By about the first week in December, the torrent of Christmas cards – with corny office pictures, ugly sweaters, or shiny ornaments – have hijacked the mantle. Law firms are no different: sending holiday cards is a tradition for nearly every law firm across the country. For the Law Offices of Peter N. Brewer, that practice is BORING. Instead, our firm sends out a Thanksgiving card every year – giving much-needed love and attention to a holiday that is otherwise overshadowed by the specter of an impending, more consumeroriented, holiday. Our work begins on these cards around July, as we collaborate with our extremely talented caricature artist, Deena Printz, to
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determine the theme and design for the card. This year, the theme for our Thanksgiving card is Around the World, because in the past year, everyone in our firm took some kind of trip to a different part of the world. On the next page, you can see the full insert of the card, complete with the fun-loving Brewer Firm Turkey who appears in our card every year. Here’s a little more info about each person: Peter – backpacking trip to Slovenia/Italy Simon – trip to Puerto Vallarta Henry – got married (see the ring?!) Clayton – trip to Tennessee for a football game Julia – vacation to Mexico Jessica – bicycling tour of Italy Ashlee – graduated law school Charlie –bus tour, East Coast baseball stadiums Diane – spends time on California beaches If you would like to receive a card next year, please let us know at info@brewerfirm.com.
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The Law Offices of Peter N. Brewer is a boutique real estate law firm serving the legal needs of the San Francisco Bay Area since 1995. Located in the heart of Palo Alto, the firm’s 6 attorneys have over 90 years of combined experience helping real estate investors, lenders, agents, homeowners, landlords, tenants, and small businesses.
REAL ESTATE LAW
Peter N. Brewer, Esq.
Julia M. Wei, Esq.
Simon Offord, Esq.
Purchase & Sale Transactions For Sale By Owner Purchases & Sales Commercial & Residential Leasing Real Estate Litigation Construction & Contractor Disputes Easements Deposit Disputes Boundary & Fence Disputes Concealment of Defects Title Disputes
LENDING LAW Hard-Money Lending Mortgage Lender Issues Loan Documentation 2501 Park Blvd., 2nd Floor Palo Alto, CA 94306 (650) 327-2900 Charlie Bronitsky,
Esq.
Henry Chuang, Esq.
Ashlee D. Adkins, Esq.
www.BrewerFirm.com www.BayAreaRealEstateLawyers.com