section update
Real Estate Section Update
By Michael E. Leavey
Dorough & Dorough, LLC
A
common lament among the real estate bar is the
difficulty in finding meaningful pro bono projects that
are also relevant to our practice area. With the Atlanta
Bar Association’s emphasis this month on members’ pro
bono and public service efforts, the Real Estate Section is
meeting the challenge head-on by continuing its pro bono
program of counseling unrepresented residential landlords.
In these difficult economic times, we increasingly see more
homeowners, with little or no rental experience, leasing
their own homes or individual rooms within their homes to a
tenant to make additional income. These new, inexperienced
landlords — many of whom do not have the resources to hire
an attorney — quickly discover that it is far easier to move a
tenant into a property than it is to get them out — for example
if rent is not paid or if lease rules are not followed.
Through its pro bono program, which runs year round,
the Real Estate Section endeavors to educate and assist
unrepresented landlords in landlord-tenant disputes.
And, to that end, on the second Friday of each month,
Section members staff an office at the Fulton County State
and Magistrate Court Self-Help Center to provide brief
consultations to unrepresented residential landlords on a
walk-in and scheduled basis. These consultations include
providing an overview of the proper statutory procedures
for evicting a tenant or suspending utilities. In addition,
Section members work to provide landlords with a better
understanding of tenants’ rights under Georgia law.
A key to this worthwhile program’s success is attorney
participation. And so, this article serves as an open-call to
Section members to become involved. One does not need
prior experience with landlord-tenant issues, nor do they
need to commit a great deal of time – indeed, even a few
hours would be appreciated. For those who are interested
and/or have questions, please contact a Board member or
Tanya Windham at [email protected].
In addition to its pro-bono activities, the Section also has
been diligently at work on a number of other fronts. For
example, the Section has resumed its monthly breakfast
meetings, which occur on the first Thursday of each month,
at 7:30 a.m., in the Prominence Building, 3475 Piedmont
Road. CLE credit typically is available for Section members
and attendees. [NOTE: The Section reserves a number of
32
THE ATLANTA LAWYER
October 2012
[email protected]
free or reduced-price spaces at its meetings and events for
unemployed attorneys and law students.]
We kicked off this year’s speaker series on August 2,
2012, with William H. Dodson II, whose presentation was
entitled “Revisiting the Fundamentals.” Mr. Dodson gave
an engaging talk on the importance of paying attention to
the “nuts and bolts” of real estate practice, highlighting the
seemingly “simple” things real estate practitioners should
know — such as identifying the property in a real estate
transaction with a valid legal description; ensuring that
documents being sent for recording have all of the exhibits
attached and are property signed, witnessed, and notarized;
and identifying your client — which, if left undone (or half
done), can leave an unsuspecting closing attorney exposed
to lawsuits by a dissatisfied client or even the title company
for which the lawyer was an agent.
The monthly breakfast series continued in September
with State Representative Edward Lindsey providing an
informative 2012 Legislative Legal Update. In addition to
giving a general overview of recently adopted laws affecting
real estate practice, Representative Lindsey also answered
questions on a broad range of topics, including regional
transportation and T-SPLOST, charter schools, and the future
of the HOPE scholarship.
This year promises to be an exciting year for the Section.
If you are interested in becoming more involved with the
Section or its activities, please contact a Board member or
Tanya Windham at [email protected].
***
The Real Estate Section’s Board includes Section Chair
Charles H. Van Horn (Berman Fink Van Horn PC), Section
Vice Chair/Chair-Elect Ricky B. Novak (Strategic 1031
Exchange Advisors), Section Secretary Michael E. Leavey
(Dorough & Dorough, LLC), Section Treasurer Carter L.
Stout (Stout Atwood LLC), Section Immediate Past Chair
Jonathan L. Neville (Arnall Golden Gregory, LLP), Section
Members-at-Large Kimberly C. Gaddis (Gaddis & Lanier,
LLC), A. Rian Perry (Sutherland Asbill & Brennan LLP) and
Cory B. Thompson (Kutak Rock, LLP) ■
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