Life As a Real Estate Attorney

CAREER COUNSELOR'S CORNER

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Life As a Real Estate Attorney [by Erica Winter] Inarguably one of the “hot” areas of law, real estate law has recently become a very attractive choice for law students and established attorneys looking to switch practice areas. We talked to real estate attorneys in various situations to see what this field can offer you.

Real estate attorneys often start off doing

contracts (which O’Brien wrote), there are five

New York Law School, a private stand-alone

something else. Possibly this is because real

days in which the buyer can have an inspector

law school in Manhattan, is drawn to real es-

estate law is a natural compliment to many

look at the house, and for the buyer’s at-

tate law because it shows actual results, and

other legal specialties - from international

torney to contact the seller about any changes

is not as theoretical as other areas of law. Mc-

corporate law, to divorce law, to environmen-

requested before the sale goes through - a

Colley likes the variety of practice within the

tal law.

repair to a leaky faucet, or roof repairs, for

specialty, including zoning, landlord-tenant,

example.

real estate development, and the mortgage industry, and that “each specialization has a

Real estate law could add more to your growing practice. Or, this specialty could be a good

Another part of the contract includes an

whole field built around it, and a whole field of

way for you to move to another legal neighbor-

“attorney approval clause,” which says that

practitioners who specialize in those areas,”

hood if you are not happy with the one you’re

the contract is subject to attorney approval.

he says.

in right now.

O’Brien has only had to invoke this a few times. Once, a buyer loved the house, but the

McColley started his school’s Real Estate Law

That’s what John O’Brien did. O’Brien,

local schools could not meet the needs of her

Association in 2002, which now has 80 mem-

alumnus of Loyola Law School in Chicago, has

autistic child, so she had to change her mind

bers. He sees real estate law as a good skill to

been practicing law for 32 years, 20 of those

about the move.

have under your belt, no matter what area of

in residential real estate law and estate law.

law you want to pursue.

Now in solo practice, he is also the Chair of

When the house is in the right condition for

the Illinois Real Estate Lawyers Association.

sale, and everything else is in place, then

One specialty, many ways.

O’Brien will attend the closing personally. He O’Brien handled many divorce cases as a

handles about 700 real estate deals a year,

Real estate law is a good specialty to combine

young attorney. It was “no fun” to work in such

which means that he could easily have more

with others, says Lisa Abrams. It can be part

an angry environment, he says. Now, working

than one closing a day.

of a family law practice, when it comes to

in residential real estate law, O’Brien sees

dividing assets and property. It can be part of

clients taking a step up in life, most of whom

Overall, O’Brien says his work is a “family-re-

are happy with the process of buying a house.

lated practice that has real rewards.”

estate planning, in setting up trusts to distribute property. Also, there are jobs out there for real estate attorneys who are staff attorneys

Since most people buy houses on the week-

If you love to organize, you like the feeling

at law firms, says Abrams, arranging for

ends when they are not at work, a typical

of completing one project and moving on to

house purchases and real estate transactions

work week for O’Brien involves checking his

the next, you have good negotiating skills,

for the firm and its attorneys.

fax machine at 8:00 on Monday and Tuesday

and enjoy the fine details of contracts - then

mornings, and usually finding two or three

real estate law could be for you, says Lisa

Real estate law can be an addition to an al-

contracts there waiting for him. Then he gets

Abrams, author of The Official Guide to Legal

ready busy general practice, a niche in a larg-

to work.

tract, his fees, and other details.

Specialties (published by Harcourt Legal, and the National Association for Law Placement).

Abrams, an attorney, is also the Associate Director of Career Services at the University of Chicago Law School.

In the standard Chicago-area home-buying

Jace McColley, a third-year student at the

O’Brien contacts new clients, advises them of the requirements of the home-buying con-

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er field, a stand-alone endeavor (as with John O’Brien’s residential real estate practice). It can also be the basis for working in a field you wish to pursue - such as environmental law or international law.

Susan A. Bernstein chose to combine environ-

continued on back

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mental law with real estate law after 15 years

international legal services, including corpo-

In Illinois, the housing market right now is

working for various public agencies, includ-

rate, banking and securities, employment and

“very hot,” says O’Brien; there is a lot of work

ing a stint as Assistant Commissioner of the

labor, aerospace, oil and gas, and entertain-

out there for real estate attorneys.

Massachusetts Department of Public Health

ment law. So why include real estate?

(DPH), writing environmental regulations.

By the same token, residential real estate law Pinci went to law school at the University of

is probably not going to make you rich or work

Gradually making the decision to make a

Milan, and Georgetown University Law Center

you to death. While corporate real estate may

career move out of the public sector, Bern-

in Washington D.C., and studied international

be a different story, O’Brien says he makes

stein left the DPH, attended the New England

mergers and acquisitions. When first starting

a comfortable living in a “home-for-dinner”

School of Law in Boston, and hung out her

his international law career at a firm in Milan,

practice. Banks and escrow companies are not

own shingle in 1997.

Pinci was assigned to do some real estate

open on weekends, nor past 5:00, so neither is

work.

his practice.

clients navigate the thick and complicated

Turns out, says Pinci, “for tax reasons, most

One of the good things about practicing law

field of environmental regulations needed in

large real estate transactions in Italy are car-

in general is that it is a varied and flexible

most commercial real estate transactions. For

ried out ‘in corporate form,’ i.e. you transfer

profession. Lawyers work in a “constantly

example, if a client wants to purchase land

the shares of a company that owns the real

changing environment,” says Peter Witten-

and build an office building on it, before the

estate, rather than the real estate itself.” So

borg, Executive Director of the Real Estate Bar

lenders will ante up the funding, there has to

Pinci used his corporate law training to work

Association for Massachusetts (REBA). From

be an environmental assessment of the site

on real estate transactions for clients who

1972 to 2000, Wittenborg was a real estate

and the project. This assessment, called “due

were not in Italy - doing corporate law while

attorney, and then he became the branch

diligence,” is just the first step, says Bern-

learning real estate on the job.

manager of a title insurance company before

Bernstein’s solo practice in Boston helps

stein.

taking his post at REBA. Now, real estate law is a core part of Pinci’s

Any one commercial real estate transaction

practice in international business law. The

The real estate market is cyclical with the

involves due diligence, the acquisition of and

real estate work often involves facilitating ne-

overall economy, yes, but there is always work

compliance with several environmental per-

gotiations among a long list of individuals and

in real estate law, says Wittenborg, who has

mits, managing cleanup of existing toxins on

entities - for example, developers, banks, and

first-hand knowledge of the variety in this

the site, and/or setting up a corporation to buy

corporations, often located in different coun-

field.

the property. Before you get started practicing

tries - and then drafting the contracts and

this combination of commercial real estate

other documents needed to close the deal.

Witenburg’s first job, after returning to Massachusetts from law school at Vanderbilt in

law and environmental law, “there is a lot to learn,” says Bernstein. [For ways to get your

So, if you want to do international real estate

Nashville, was as a law clerk to the chief judge

feet wet, see “Advice” below.]

law, you not only need the legal skills, but

of the land court. Firms became interested in

also the language, diplomatic, and organiza-

him because of his experience there, and he

Doing international real estate law involves

tional skills to manage transactions spanning

started off in residential real estate law. In

equal parts legal knowledge and diplomacy.

multiple nations.

the 1980s, Wittenborg shifted to working on commercial real estate transactions, and then

“The practice of international law requires first and foremost the cultural skills for deal-

Making a living.

ing with human beings who speak different

later represented national lenders. “I have no regrets,” he says.

languages, live in different socio-economic

The economy - local and national - impacts

situations, and are familiar only with their own

real estate and opportunities to practice real

Real estate law is not only an interesting spe-

legal systems,” says Marcantonio Pinci, who

estate law. You should consider the market,

cialty for legal practice, but also could stand

has been practicing since 1990 and is Manag-

agrees John O’Brien, when planning your

you in good stead if you decide to make career

ing Partner of Pinci & Associates, with offices

career. Large cities have more housing and

changes down the road, says Jace McColley.

in New York, Brussels, Athens, and cities

more housing turnover than most small

If, for example, you do work as a real estate

throughout Italy.

towns, for example, and so they might be good

attorney for a few years, and then decide to

places to practice residential real estate law.

leave legal practice, you could go into mort-

Pinci’s current firm handles a wide range of

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gage banking work, or real estate sales, and

continued

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use your legal knowledge well in those fields.

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student, you need the classes in the specialty.

And, in addition to those real estate-focused

Advice.

classes, Abrams recommends that you take legal drafting classes to learn how to draft

1. For attorneys considering a lateral career

contracts, as well as classes on environmen-

move, Lisa Abrams recommends that you con-

tal law, corporations, and secure transactions.

nect with real estate attorneys in your bar as-

You can also attend local zoning meetings and

sociation, look into doing pro-bono work, and

work in law school clinics to hone your inter-

try to find continuing legal education classes

personal and negotiating skills, Abrams says.

specifically focusing on real estate law.

6. Reality does differ from the classroom.

2. What you learn during your first five years

For example, the real property law classes in

out of law school is what “comprises your val-

law schools have little to do with actual real

ue to your clients,” says Susan A. Bernstein.

estate legal practice, says John O’Brien. If you

If you are a young attorney just out of law

are a law student interested in entering this

school, she says, getting a job with a govern-

field, don’t rely on the classroom alone. Check

ment agency is a good way to get on-the-job

out your state bar association and see if it is

knowledge. You can learn a lot, and you have

offering real-world courses in real estate,

career options when you’ve got the experi-

or any specialty, says O’Brien. For example,

ence. If you love your government work, you

the Illinois State Bar Association is offering a

can stay; if you want to move on, you can use

series of seminars for law students on real-

that regulatory knowledge in a law practice in

world real estate law topics such as how to

the same field.

set up a deed.

3. To be involved in international real estate,

7. There are two kinds of lawyers, says Peter

Marcantonio Pinci recommends that you:

Wittenborg - those who make love, and those

“Live, study and gain work experience (not

who make war. If you are not the warring

necessarily in the legal or real estate field)

type, and enjoy “pragmatic problem solving,”

abroad, as much as possible.” Also, if you

real estate law could be for you. If you are an

have already established a legal practice

attorney who is already doing transactional

and want to expand overseas, or are being

law, the transition to this specialty could be an

assigned overseas, he recommends that you

easy one, says Wittenborg.

“study the foreign legal systems, and develop relationships with lawyers in such foreign

Here is one place to start: there are 2,631 jobs

countries.”

for real estate attorneys on LawCrossing right now.

4. To get a job in any type of real estate law, you need to network. “You have to do it,” says Jace McColley. When he started the Real Estate Law Association at his law school, McColley contacted several alumni to come and speak to the group, and he kept in touch with them. For law students, he recommends either joining or starting a specialty group at your law school, and to take as many real estate law classes as you can. This “gives you more to offer to employers,” he says.

5. Lisa Abrams seconds that, if you are a law

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