Skip to main content
Fulltext search
FILTER RESULTS BY:
RECOMMENDED IN RENT
Moving to NYC after college? Here's how to find a rental apartment
RECOMMENDED IN BUY
How buying real estate in NYC is unlike anywhere else
RECOMMENDED IN SELL
A guide to using a no-fee renovation loan from a NYC real estate firm
RECOMMENDED IN IMPROVE
How to make your NYC renovation more pet-friendly
BEST REAL ESTATE WEBSITE!
National Association of Real Estate Editors
BEST REAL ESTATE WEBSITE! National Association of Real Estate Editors
Brick Underground
Social Links
follow:
  • Facebook
  • Twitter
  • Instagram
  • Flipboard
  • search
Brick Underground
☰ Brick Underground
Brick Underground
Brick Underground
☰
Brick Underground
  • Buy
    • Buy
    • The Market
    • Investing
    • New Construction + Condos
    • Affordable Housing
    • Co-ops
    • Negotiating + Financing
    • How to Buy in NYC Guide
    co-op board reference letters NYC
    Co-ops
    Here are 8 real co-op board reference letters from successful buyers
    Modern residential buildings in Chelsea, Manhattan
    Negotiations + Closings
    What is a post-closing possession agreement and what are the risks for buyers and sellers?
    Apartment buildings on Park Avenue in Manhattan.
    Co-ops
    12 tough co-op board interview questions—and how to answer them
  • Rent
    • Rent
    • Affordable Housing
    • Roommates + Landlords
    • The Market
    • The Search
    • How to Rent in NYC Guide
    Lower Manhattan apartment buildings
    The Market
    Manhattan median rent rose to $4,625 in June for another record-breaking month
    A rendering of the six-story building in Park Slope.
    Affordable Housing
    Housing lottery launches for 45 rent-stabilized units in Park Slope
    Young woman using laptop at new apartment, with moving boxes around.
    Roommates + Landlords
    Didn't get your security deposit returned in NYC? A new chatbot can help
  • Sell
    • Sell
    • Staging + Open Houses
    • Negotiations + Closings
    • Getting Ready
    • How to Sell in NYC Guide
    Aerial view of downtown Brooklyn
    Sell
    Median sales price in Brooklyn climbs to $995,000 in the second quarter
    Downtown New York City
    Sell
    Manhattan deals rose to highest level in nearly two years, defying national trends
    Modern residential buildings in Chelsea, Manhattan
    Negotiations + Closings
    What is a post-closing possession agreement and what are the risks for buyers and sellers?
  • Live
    • Live
    • Neighbors
    • Kids + Pets
    • Neighborhood Intel
    • Products + Test-drives
    • Troubleshooting
    FlatRate moving brick underground
    Live
    How to troubleshoot your move in advance
    Sponsored By flatrate
    Distressed woman sitting in her apartment
    Troubleshooting
    Ask Altagracia: My live-in partner is abusive. How can I get out of my lease?
    Sponsored By Outerbridge Law P.C.
    Lazy stubborn English Mastiff pet lies down on New York City side walk and the dog won't get up to do his daily walk city yellow cab in the background stock photo
    Kids + Pets
    4 ways to talk your landlord into letting you have a pet
  • Improve
    • Improve
    • Small Spaces
    • Small Projects + DIY
    • Renovations
    • Design + Architecture
    • Products + Services
    • How to Renovate in NYC Guide
    mini splits apartments new york city
    Products + Services
    Yes, you can install central AC in your co-op or condo unit. Here's how
    image
    Products + Services
    Take back your deck! How to win the war with mosquitoes and enjoy outdoor living again
    NYC apartment building with AC units
    Products + Services
    My neighbor's dripping AC is driving me crazy. What can I do?
  • Boards & Buildings
    • Boards & Buildings
    • Boards
    • Finance
    • Insurance
    • Legal
    • Property Management
    • Structure & Systems
    • Sustainability
    Burned and Boarded Up Windows
    When should your board hire a public adjuster?
    Manhattan GM
    What should we consider when renewing insurance for our building?
    Facade of NYC buildings
    How much is insurance on a NYC co-op or condo building?
  • Advertise
    • Advertise with us
    • Sponsored Content
    • Experts
    FlatRate moving brick underground
    Live
    How to troubleshoot your move in advance
    Sponsored By flatrate
    Apartment buildings in Little Italy
    Roommates + Landlords
    Ask Altagracia: My landlord hasn’t refunded my security deposit. What’s my next step?
    Sponsored By Outerbridge Law P.C.
    Distressed woman sitting in her apartment
    Troubleshooting
    Ask Altagracia: My live-in partner is abusive. How can I get out of my lease?
    Sponsored By Outerbridge Law P.C.
  • Brick Report
  • About Us
  • About Us
Email Address
Fulltext search
FILTER RESULTS BY:
New Main menu
  • Buy
    • Buy
    • The Market
    • Investing
    • New Construction + Condos
    • Affordable Housing
    • Co-ops
    • Negotiating + Financing
    • How to Buy in NYC Guide
  • Rent
    • Rent
    • Affordable Housing
    • Roommates + Landlords
    • The Market
    • The Search
    • How to Rent in NYC Guide
  • Sell
    • Sell
    • Staging + Open Houses
    • Negotiations + Closings
    • Getting Ready
    • How to Sell in NYC Guide
  • Live
    • Live
    • Neighbors
    • Kids + Pets
    • Neighborhood Intel
    • Products + Test-drives
    • Troubleshooting
  • Improve
    • Improve
    • Small Spaces
    • Small Projects + DIY
    • Renovations
    • Design + Architecture
    • Products + Services
    • How to Renovate in NYC Guide
  • Boards & Buildings
    • Boards & Buildings
    • Boards
    • Finance
    • Insurance
    • Legal
    • Property Management
    • Structure & Systems
    • Sustainability
  • Advertise
    • Advertise with us
    • Sponsored Content
    • Experts
  • Brick Report
  • About Us
    • About Us
    • Advertise
  • About Us
SUBSCRIBE TO OUR NEWSLETTER →
Social Links Footer
  • Facebook
  • Twitter
  • Instagram
  • Search
Ask a Co-op & Condo Lawyer [ SPONSORED ]

What questions should our co-op board ask when hiring a new attorney?

By Wagner, Berkow, and Brandt  | April 10, 2017 - 12:59PM
image
SHARE:
Share to Facebook
Share to Twitter
Print
More...

Our co-op board is hiring a new attorney for the building. What questions should we ask to make sure they're qualified, and a good fit?

Before you hire an attorney to represent your building, you'll want to suss out some important information, such as their pricing, experience level, potential conflicts, and chemistry with your board, says Steven Wagner, a co-op and condo attorney with Wagner Berkow LLP and a longtime board member of his own 420-unit Manhattan co-op.

Below, key topics to touch on to ensure that your new attorney can handle anything unpleasant surprises that may arise for the building—and won't be causing any of their own:

1. What's their experience level and area of expertise?

Get a sense of how long your attorney has been practicing and whether their focus has primarily been co-op and condo buildings, or something else.

"They should be practiced in the field for a minimum of five years," says Wagner. "And you want someone who devotes a very substantial amount—or all—of their practice to co-ops and condos."

While it's not necessarily bad if they work in other areas, it's important that the attorney has a deep familiarity with the type of issues that tend to arise for boards and how best to handle them. To that end, it's also important to ask what kind of work they'll be able to handle.

"For example, my firm handles litigation, closings, refinancing, human rights issues, contracts, zoning issues, building and Certificate of Occupancy issues, housing court, and Supreme Court," says Wagner.

As an extra way to check into their credentials, you could also check their rating on Martindale-Hubbell, which provides peer ratings from other attorneys in the field.

2. How much do they charge—and how are their rates structured?

You were probably already planning to ask about costs, but within that, there are some extra nuances to consider.

Specifically, it's important to know whether they charge by the hour, or are hired on a monthly retainer. And if they are on a monthly retainer, will there be services that come with extra flat fee charges?

"It's fair game to ask what the options are and whether they have any flat fees," says Wagner. "For instance, services such as closings, and the initial papers in commencing lawsuits such as non-payment proceedings or lien closures, we do those on flat fees."

3. Who do you contact when problems arise?

When your board is establishing a relationship with a potential new attorney, it's also important to get a sense of process.

"Ask who you should call if you have a question, who will be handling those matters, how to best communicate with them, and what the expected response time should be," says Wagner.

For instance, you may have one point person at a firm who's familiar with all matters relating to your building. Or it's possible that you can expect associates at the firm to handle things as they come up.

"In my firm, we try to have whoever is the least expensive person capable of handling a matter handle it," says Wagner. "Associates bill anywhere from $275 to $325 per hour, and partners are $400 to $495. But some clients still only want the partners."

It's also smart to find out if everyone handling issues from your building will be working in-house at the attorney's firm, or whether they'll be referring out some of the work.

"Some attorneys have these relationships where they work with people who aren't employed by them, and they refer everything out, basically," says Wagner. "You just want to be aware who's handling it, who's doing the work."

4. Do they work with your managing agent?

Though it's not necessarily a bad thing if an attorney was referred to you by the managing agent, it's wise to do a bit of probing to make sure that the managing agent doesn't provide the bulk of their business—so that if conflicts arise, you can be more certain they'll have your board's best interests as their top priority.

"Lots of managing agents work with attorneys, and they're often very good," says Wagner. "But sometimes you get an attorney who has an enormous amount of business from a single managing agent, and you want to make sure that that attorney is independent, for instance, if the managing agent doesn't perform properly, that the attorney will give you all the information and that their answers won't be shaded by their business relationship."

One way to figure this out is to ask how many buildings the attorney represents that the managing agent also works on. "It's not necessarily bad if there are a few others, but if it's 30 or something like that, [that's a red flag]," he says. Another question is whether they get referrals from other managing agents. If their client base is more diversified, they're more likely to be neutral.

A situation that should absolutely be avoided: hiring the attorney from your managing agent's "in-house" law firm. "There are some managing agents who are lawyers," says Wagner. "That's not something I would ever recommend. You don't get the checks and balances, or the independent view from an outside attorney."

5. Are your priorities aligned?

As with any type of interview, it's important here to assess whether your board has chemistry with a potential attorney. "Figure out if you think this is somebody who you'd like to work with," says Wagner.

And a key part of this equation will be determining their MO as an attorney—do they prefer to do things the litigious way (meaning your board could wind up in somewhat frequent court battles), or skew more towards finding ways to settle?

"My approach as an attorney is not to encourage clients to litigate whenever possible, even though I have a long career of litigation," says Wagner. "My philosophy is that you don't litigate unless you're going to make a lot of money, or you have no choice."

On the flip side, if your board prefers, there are also plenty of attorneys who pride themselves on high-profile court victories. "I try to avoid those situations for my clients," says Wagner. "I don't think that's what you want to do as a board, to spend that kind of money and gain that reputation. It doesn't mean we won't litigate and do well, but rarely do you need to."

"It's sort of the idea of 'speak softly and carry a big stick,'" he says. "I want to help them become better boards, and need lawyers less."


New York City real estate attorney Steven Wagner is a founding partner of Wagner, Berkow, & Brandt, with more than 30 years of experience representing co-ops, condos, as well as individual owners and shareholders. To submit a question for this column, click here. To arrange a free 15-minute telephone consultation, send Steve an email or call 646-780-7272. 

Related:

When there's water damage in a co-op or condo, who pays for the repairs?

How should a co-op handle a neighbor who is making everyone's life miserable?

I think I was turned down by a co-op based on my race. What do I do?

The Do's and Don'ts of a co-op board interview

Buying pre-construction? What to look out for in the offering plan

What's smarter for a New York apartment building: self-management, or bringing in a third party?

Landlord wants to buy you out of your apartment lease? How to name your price

What are the most common lies told by real estate agents?

What disclosures and clauses should go into the contract when you're buying an apartment in NYC?

Got a toxic board member in your building? Here's how to handle it

How do I buy a co-op or condo under an LLC?

How to tell if your property manager is taking kickbacks—and what to do about it

How to keep your co-op and condo neighbors from renting out their apartments on Airbnb

How to update your co-op or condo building's pet policy

How to run for—and win—a co-op board election

Brick Underground articles occasionally include the expertise of, or information about, advertising partners when relevant to the story. We will never promote an advertiser's product without making the relationship clear to our readers.

topics:

Ask a Co-op & Condo Lawyer boards lawyers
SHARE
TWEET
BRICK’S PICKS
NYC apartment building with AC units
My neighbor's dripping AC is driving me crazy. What can I do?
Historic brick facades of NYC apartment buildings
Getting overcharged by a landlord? Here’s how the Tenant Protection Unit helps rent-stabilized tenants
Apartment buildings in Soho
New Rent Guidelines Board report justifies a rent freeze, tenant advocates claim
Brooklyn apartment buildings
Understanding net effective rent: Here's how to calculate your real monthly rent
image
How much should you renovate your NYC apartment or house before selling?
Council Member Shahana Hanif hold press conference before the City Council vote on Arrow Linen spot rezoning.
City Council signs off on 10-story towers for Arrow Linen site
Follow Brick on Instagram
@brickunderground | #brickunderground
Brick UndergroundBRICK UNDERGROUNDREAL LIFE. REAL ESTATE. REAL NEW YORK.
Social Links Footer
  • Facebook
  • Twitter
  • Instagram
  • Search
Main menu footer
  • Buy
    • The Market
    • Investing
    • New Construction + Condos
    • Affordable Housing
    • Co-ops
    • Negotiating + Financing
    • How to Buy in NYC Guide
  • Rent
    • Affordable Housing
    • Roommates + Landlords
    • The Market
    • The Search
    • How to Rent in NYC Guide
  • Sell
    • Staging + Open Houses
    • Negotiations + Closings
    • Getting Ready
    • How to Sell in NYC Guide
  • Live
    • Neighbors
    • Kids + Pets
    • Neighborhood Intel
    • Products + Test-drives
    • Troubleshooting
  • Improve
    • Small Spaces
    • Small Projects + DIY
    • Renovations
    • Design + Architecture
    • Products + Services
    • How to Renovate in NYC Guide

Get more news you can actually use...

Email Address

Delivered to your inbox weekly - for free.

*By signing up you agree to receive occasional emails on behalf of our sponsors

Footer Menu
  • About Us
  • Advertise

Copyright 2009-2024 by BND Ventures Inc | Privacy Policy | Terms of Service | Ad Choices | Login