Top Lawyers: Eric Bernheim of The Real Estate Outlook On The 5 Things You Need To Become A Top Lawyer In Your Specific Field of Law
An Interview With Chere Estrin
as appeared in Authority Magazine
The legal field is known to be extremely competitive. Lawyers are often smart, ambitious, and highly educated. That being said, what does it take to stand out and become a “Top Lawyer” in your specific field of law? In this interview series called “5 Things You Need To Become A Top Lawyer In Your Specific Field of Law”, we are talking to top lawyers who share what it takes to excel and stand out in your industry.
As a part of this interview series, I had the pleasure of interviewing Eric Bernheim.
Eric Bernheim is a sought-after real estate and hospitality attorney, representing prominent developers, landlords, tenants, and lenders. Highly regarded for his thorough understanding of commercial and residential real estate, Eric founded the Real Estate Outlook, which hosts informational events on a variety of real estate topics with industry experts. He has been selected for inclusion in Connecticut Super Lawyers and is a past recipient of the Fairfield County Business Journal’s “40 under 40.”
Thank you so much for joining us in this interview series. Before we dig in, our readers would love to get to know you a bit more. What is the “backstory” that brought you to this particular career path in Law? Did you want to be an attorney “when you grew up”?
Idid not grow up wanting to be an attorney, but I’ve always wanted to help people and to work with others who are driven by this same desire. I’m also a great problem solver. These two traits are critical to being a successful attorney as the legal field can be confusing. I like to provide clarity to my clients throughout the process, which helps them to feel at ease. I enjoy working in partnership with developers, restaurant groups, and landlords to find equitable solutions for their various land use, leasing, or other commercial real estate challenges. Seeing dreams come to fruition for new business owners or complex legal matters being resolved is very gratifying.
Can you tell us a bit about the nature of your practice and what you focus on?
My new firm, FLB Law, is a general law practice focused on delivering peace of mind to our clients. I specialize in commercial real estate and hospitality law, representing large-scale developers, landlords, tenants, and lenders in transactions of all kinds including acquisitions, dispositions, leases, and financing. I also handle zoning and land use matters. I enjoy helping my clients overcome the various challenges that are associated with issues related to real estate projects and transactions.
You are a successful attorney. Which three character traits do you think were most instrumental to your success? What unique qualities do you have that others may not? Can you please share a story or example for each?
The most instrumental character traits that have contributed to my success are my ability to negotiate, develop creative solutions to complex real estate matters, and focus on fostering relationships. These traits, along with a deep knowledge of commercial real estate land use law, led to my appointment as Special Counsel to the City of Norwalk, Connecticut for its largest-ever redevelopment project as well as a high profile land use litigation matter. Because of my passion for real estate law and strategic real estate development, I launched the Real Estate Outlook, where I host informational events on a variety of real estate topics with industry experts.
I believe that developing true partnerships with my clients, colleagues, and the community has led to much of my success as my constituents trust me. They know that I will seek out practical solutions to their legal matters. Lastly, I am dedicated to making a difference in my community. I believe it is our obligation to give back and to become active members of society and local civic organizations. My family also embraces this desire to make a difference and demonstrates this commitment with our annual toy drive for Yale New Haven Children’s Hospital.
Do you think you have had luck in your success? Can you explain what you mean?
There is an element of luck especially when it comes to meeting clients. This can happen anywhere or anytime. However, once you have that opportunity, it is up to you to make the most of it and use your abilities as well as your experience to help your clients. If you’re not skilled in the law, then the “chance meeting” will be nothing more than that. Let me give you an example. One of my restaurant clients was sold to a large restaurant group. After the transition, they could’ve chosen to work with another attorney to handle their lease portfolio. However, because I had built a longstanding and trusted relationship with the original restaurant client, the group continued with our partnership. Likewise, when that group was sold again, the new entity, once again, entrusted their lease portfolio to me. They stayed because they saw the value I added, I was easy to work with, and was invested in their success.
Do you think where you went to school has any bearing on your success? How important is it for a lawyer to go to a top-tier school?
I attended Ithaca College and Roger Williams University School of Law, and received a top-notch education at both. When I was being interviewed in my former firm, one of the partners asked about my law school choice, not because he was a “school snob” but he wanted to understand the reason for my decision. One of my motivations for my school selection was that I would be able to coach the undergraduate lacrosse team. This was a hobby of mine, yet I also knew it would be a valuable opportunity to meet people and build relationships outside of the classroom. The coaching role also helped to provide a healthy balance between my studies and extracurricular activities. It is important that attorneys possess both book knowledge and the ability to apply it in a practical and effective manner so they can best serve their clients.
Based on the lessons you have learned from your experience, if you could go back in time and speak to your twenty-year-old self, what would you say? Would you do anything differently?
One piece of advice I would give my twenty-year old self is to be more prepared for things. I was a fly by the seat of my pants type of person. This does have its benefits at times, but I can see that I could have been more purposeful in some of my decisions and activities. As a college student, it would’ve been helpful if I was more diligent, however, I quickly learned in law school that being prepared was essential to my success and that has also been very true for my law practice. I’ve always made the most of my experiences and learned from my mistakes. Collectively, these lessons have been beneficial in making me the person I am today.
This is not easy work. What is your primary motivation and drive behind the work that you do?
My primary motivation is to ease the burdens of my clients and help them to be successful in whatever they are pursuing. It’s my job to minimize their risk so they can maximize their potential. By providing sound legal counsel in an atmosphere that promotes collaboration, I put them at ease so they can address the other priorities in their businesses and lives. My goal is to always try to provide them peace of mind when it comes to their legal challenges.
What are some of the most interesting or exciting projects you are working on now?
The area that I’m most interested in working in now is restaurant leasing. It is exciting to see how so many restaurants are looking to expand again after COVID. Although each lease is very similar, the issues that need to be resolved among the parties are always very different. It is exciting to resolve these issues so that all parties achieve their common goal and enter into a lease that will benefit everyone.
Another project I’m working on is a senior living center development. What made this project so intriguing is that part of it was in a historic district and we had to convince the commission that a one hundred thousand square foot facility would not have an adverse impact on the appearance and scale of the historic district.
We also recently completed a complicated land development project that included three parcels of land owned by two different property owners. We had to secure special permit approvals and financing, all while negotiating a title claim with a neighboring property owner. There were many moving pieces, but it all came together and construction is well underway.
Where do you go from here? Where do you aim to be in the next chapter of your career?
I’m actually in my next chapter right now. This year, my partners and I launched our own firm, which was always a dream of mine. We opened the door with twelve attorneys and five paralegals who have been integral to our success. Although we are a new firm, we have all been working together for as long as twenty-five years. The relationships we have developed over time with our colleagues have been key to our success. We are expanding rapidly and are hoping to be a 20–25 lawyer firm in the very near future. I see myself continuing to serve my clients in these same areas of law and working alongside my partners to develop a thriving law firm with a solid company culture.
Without sharing anything confidential, can you please share your most successful “war story”? Can you share the funniest?
My most successful war story was facilitating a highly complex development project for a local city. There were dozens of personalities and a lot of politics. Negotiating details of the land disposition agreement with a big corporation, local civic officials, and others was challenging. Once that was accomplished, I had to shift gears and facilitate the development of the project. Zoning regulations had to be changed but now, a parcel that was sitting idle for decades is a big draw for the city as well as a strong contributor to its economy.
A funny story occurred just after I’d joined my previous firm. The managing partner, now one of the partners in our new firm called me into his office and told me about a friend of his who owned a restaurant group that needed assistance on a new lease. This friend had not been happy with how previous leases had been handled but still wanted to keep the work in our firm. I was handed this file with a strong “don’t mess this up” command. You can imagine how you might feel when a managing partner hands you a file and tells you not to mess it up! I was on the job for only about six months and had about three years of experience under my belt. It all worked out smoothly and, when the transaction was completed, the client sent an e-mail to the partner sharing how satisfied he was with the work I had done. Today, I’ve handled approximately forty leases for this client and have become an integral part of their real estate team.
Ok, fantastic. Let’s now shift to discussing some advice for aspiring lawyers. Do you work remotely? Onsite? Or Hybrid? What do you think will be the future of how law offices operate? What do you prefer? Can you please explain what you mean?
I currently work in a hybrid environment. I think it’s important to be able to do both. There are times when a client has an emergency and technology has provided a means for me to be very responsive. You can work from anywhere, which sometimes facilitates efficiency. However, there are times when I like to bounce ideas or approaches off of my colleagues and face-to-face conversations are more conducive to these types of discussions. I think a hybrid approach, which is my preference, is what will be embraced by more law firms in the future if they are not already operating in this way. I’m actually trying to take it a step further and go paperless. I have an iPad Pro and an Apple Pencil so everything I need is at my fingertips whether or not I am physically in the office. I think flexibility is key as the legal as well as the business climate is continuously evolving.
How has the legal world changed since COVID? How do you think it might change in the near future? Can you explain what you mean?
Since COVID, we are now doing a lot more remote closings, which puts more pressure on our paralegals. We have adjusted to the environment without any issues thanks to all who are involved. I’ve seen the biggest changes happening in our land use practice as more hearings are being done virtually over Zoom. In the past when these were in person, I sometimes would need another attorney to attend on my behalf due to travel time. Now I can attend these important events simply by changing virtual meeting spaces. I think most people like the Zoom meetings, yet it did take some time to establish parameters for meeting etiquette, securing comments, etc. Like anything new, there was a learning curve but we are well past that now.
We often hear about the importance of networking and getting referrals. Is this still true today? Has the nature of networking changed or has its importance changed? Can you explain what you mean?
The importance of networking has not changed at all. The legal industry is a relationship driven business. Getting referrals is important. Clients want to work with attorneys and their teams whom they trust. Therefore, recommendations from existing clients and other attorneys are key to growing our business. When you provide good counsel to your clients, they notice and so does the opposing attorney, which will lead to two potential referral sources.
I also think having a strong digital presence and being involved with your community help to build your professional network. Even your children’s social calendar can lead to referrals. In fact, one of my biggest clients came from a casual dinner with the parents of my son’s friend. You never know where your next referral may come from so having an open mind as well as staying connected are important.
Based on your experience, how can attorneys effectively leverage social media to build their practice?
Our firm is making a concerted effort to be very active on social media and our attorneys have received comments about their increased presence on LinkedIn. I don’t think you’ll get a new client simply from posting on social media, but it does help keep you top of mind with your network. Even though they may not know you well enough to become a client, you may get a phone call and who knows where that will lead? Practicing law is very relationship driven. People have to trust you. They have to rely on you to solve their problems. Social media may spark the first phone call, yet ultimately it is up to the attorney to create a long-lasting partnership.
Excellent. Here is the main question of our interview. What are your “5 Things You Need To Become A Top Lawyer In Your Specific Field of Law?” Please share a story or an example for each.
In my field, being diligent is a must-have trait. Loan documents and commercial leases can be hundreds of pages long. You have to read every single word. If you skip one paragraph or even one sentence, it can potentially derail or slow down the deal. Also, if your client is reading the document in its entirety, you have to do so as well. I learned this early on when my client held me to a very high standard. This attention to detail is what sets me apart from others in this field.
Being practical is another skill or trait you need. You have to devise solutions that are going to benefit all parties. Everyone wants what they want but if you can drill down, and explain what the concerns are regarding the issue, then you can address each of these with everyone walking away satisfied. In the transactional world, the goal is to get to the finish line and there’s almost always a way to do this.
Another must-have trait is to be humble. Don’t take anything too personally. As a transactional and land use attorney, the goal is to close the deal or obtain the approvals necessary for the project to continue. Arguing over draftsmanship in a lease or other legal document is inefficient and not in the best interest of clients. Agree on the concerns at hand, then develop the language to support those concerns to protect your client and keep the deal moving.
You must be a creative problem solver. People come to lawyers for help in solving their legal challenges. We have to make things easier for our clients. If we don’t, we’re not doing our jobs and they will find someone who does.
Lastly, be respectful of everyone. This includes your team of attorneys, paralegals, law clerks, and everyone at the office, because everyone plays an important role in the services you deliver to your client. Firms like to say that their clients are the most important people to keep happy. I don’t disagree entirely, but if you keep your team happy, then they will in turn do everything possible to ensure that your clients are happy. When dealing with attorneys outside of your firm, you may not always see eye to eye, but if you treat others the way you’d like to be treated and don’t burn bridges, then you’ll be successful in the long run. You may even get a referral from that attorney you didn’t see eye to eye with on a prior deal. I have!
We are very blessed that some of the biggest names in Business, VC funding, Sports, and Entertainment read this column. Is there a person in the world, or in the US with whom you would love to have a private breakfast or lunch, and why? He or she might see this. :-)
I would like to meet Danny Meyer who founded Shake Shack. I’d like to be able learn more about his success in the restaurant industry so I can apply some of that knowledge to help my existing clients. Also, because I am a Mets fan, I’d like to have a drink with Steven Cohen, the team’s new owner. I really enjoy his Twitter posts and I wouldn’t mind having that drink in the owner’s box at Citi Field!
This was very inspiring. Thank you so much for the time you spent with this. We wish you continued success and good health!
