Protect: Build Your Team Questions to Ask a Potential Real Estate Attorney
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Questions to Ask a Potential Real Estate Attorney
Building the right professional team is vital to any real estate business. Asking the right questions to the right people is the right first step.
DISCLAIMER: This is NOT legal advice. This only my thought process and my personal list that I used to find a real estate attorney who met the needs of our specific way of growing our real estate portfolio.
You can find the initial answers to these questions in multiple places, so do research first BEFORE speaking directly with the attorney.
Search your local bar association website for law firms that practice your specific type of real estate. For example, if you are doing residential real estate, you don’t want to work with a commercial real estate attorney - unless you have mixed-use buildings where there are both residential and commercial units. Real estate is specific to the type of building and laws vary accordingly.
Look at the potential law firm’s website. Search the list of attorneys within that practice. Look at the credentials of each attorney. Answer the following:
Where did each attorney go to law school?
What was there focus in law school?
What additional professional organizations or awards are listed?
What is the language and tone of the website? *This seems silly but it makes a difference!! The attitude of the firm is a vital component of how you will be treated and how your legal issues will be addressed. You can tell from the tone and language if it’s going to be a potential fit or not.
Is this the type of firm that is the right size for you? Do you need a huge firm with many different attorneys to address your issue? Or do you need a more personal touch working with a solo attorney? Somewhere in the middle? You can tell this from the website as often they list the number of attorneys and the age/history/size of the firm.
UPDATE: You will also be wise to consider the political views and member organizations of the law office involved. If your potential law office is involved in tenant rights and promoting government coercive rent control, they may not have the principles to defend your freedom to receive your property back from squatters.
Create your list of specific questions for the potential firm and attorney you’ve identified. Be sure to be as clear as possible on your need!! What do you need from this firm to accomplish? Remember attorneys literally charge per second so be as clear as possible so that you can be as time-efficient as possible. On that note, one of your first questions should be how their billing works!
My list looks like this because we have worked with drug houses/ distressed properties in off-market deals. We also work primarily with private lenders in creative financing, so we need an attorney who is comfortable with these topics. We didn’t find one who fits both our needs, so we have two different law firms we work with.
ASK QUESTIONS:
Do you do evictions in the county where my property is located? ** LAWS VARY IN THEIR PROCESS AND APPLICATION PER COUNTY.
How often do you do evictions?
How many evictions per month?
How many land contracts, private lender mortgages, or sub-to deals have you done recently? *make sure it’s been in recent history as laws change quickly.
How often do you work with closings for private lenders?
What title company do you work with? Are they comfortable with private lenders, land contracts, subject-to’s, and options?
Again, your questions WILL BE DIFFERENT based on your unique needs.
Side Note: Please be kind, professional, and considerate of your potential attorney’s time. The best way to set up a phone call is to work with his administrative assistant and be clear about the nature of your call and IF THEY CHARGE FOR AN INITIAL PHONE CALL. Send your questions via email in advance. Know that attorneys also charge to respond to emails even if it’s to just say “received.” Some do and some do not, but be clear upfront about how their fees work. It’s worth the price of the initial phone call so don’t let that deter you from having a top-notch attorney. Just know the price ahead of time. Also, ask the attorney’s admin some of your questions, as the staff is usually super helpful, and be aware the staff may ALSO CHARGE FOR PHONE CALLS but not usually if you are setting an appointment or learning about the firm.
Also, please don’t ask your friends who are attorneys questions on non-office hours. Don’t be that person!!
Finally, please be confident and professional and expect that same level of professionalism in return. If you ever feel for one second that the attorney is speaking to you in a tone that is not respectful of you as the real estate investor and business owner, you MUST NOT WORK WITH THEM. And mutual respect goes a long way, so treat them with respect as well. You are building a team and looking for professionals that can support your vision and be mutually beneficial to all involved.