The Lawyers Weekly - April 20, 2012

DONALEE MOULTON

Getting away from it all is difficult for any busy lawyer. However, for real estate lawyers in small firms or as sole practitioners, that difficulty is magnified.

Real estate transactions are contingent on lawyers for the purchaser and the buyer being available when the deal closes.

“The system is designed to allow clerks, in part, to handle some of the transactions, but the system requires the lawyers to be the gatekeeper. Before closing, both lawyers have to sign off on the deal,” said Jeffrey Schwartz a lawyer with Schwartz & Schwartz in Toronto.

In particular, the use of what are called electronic keys, which allow lawyers to securely affix a digital signature to a contract or other document, requires them to be available for closings.

“The use of the system is very specific. Electronic keys cannot be given to others,” said Schwartz, who is chairman of the real property section of the Ontario Bar Association.

But nothing says lawyers have to be sitting at their desks when a deal is ready to close. “Either I can’t go away until all my deals close or I have to make sure there is Wi-Fi wherever I’m going,” Schwartz said.

The latter, he added, is freeing
for lawyers. “The chain to your
desk has been removed. I can
control closing from anywhere.”
Technology is enabling law-
yers to conduct business from
anywhere in the world by
remotely and securely accessing
their office computer.

“I’m using a long arm electron-
ically to control my computer,”
Schwartz said. “I go in and I do
whatever I would do if I was sit-
ting at my desk. I actually did this
from a café in Israel.”
Of course, he said, this works
well only if the deal is closing
without a hitch. “It’s not perfect
if there is a problem with the
file. Then you need help. But if
it’s straightforward, it’s an
excellent solution.”
Even when no closing is immi-
nent, technology is also necessary
to exit the office.

“Generally, provided I have Internet and BlackBerry access, I can manage 10 days without much trouble, and I don’t mind the ties because a 30-second e-mail or text to let the client know you are aware of a brewing issue and will attend to it on a certain date will solve most problems and settle most worries in the interim,” said Jonathan Reilly, of English Bay Law Corp. in Vancouver.

But technology has its down-
side for real estate lawyers in
small firms and sole practitioners
trying to get away from it all even
for a few hours.

“Carving out Saturdays, Sundays, and evenings for family is not possible 100 per cent of the time, but it is possible to do it regularly. And guard it jealously, so that the client matters at those times are the exceptions rather than the rule,” he added.

Getting away requires prepar-
ing clients several weeks in
advance, and trying to organize
work around time off, Reilly said.
“Some work can be scheduled
earlier, some later, and some can
be done while on vacation if abso-
lutely necessary.

The use of the system is very specific. Electronic keys cannot be given to others.

“

Jeffrey Schwartz, Schwartz & Schwartz

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