March 19, 2009
Contact: Matt Rosenfeld (914)815-2858
Few lawyers are prepared for the
floodtide of green building lawsuits
“Green Grow the Law Suits” in last month's issue of the American Bar Association Journal (ABA Journal, Feb 2009) [1] observes that legal claims involving sustainable-building practices have surged since the first case was brought only two years ago. Frank Musica, senior risk-management attorney with Victor O. Schinnerer & Co., a large, national insurer of building designers, told the ABA Journal earlier this month that 400 of his company’s 4,000 annual claims now involve allegations of broken green building promises.
This trend, which will involve dozens of business sectors has few legal precedents, will likely increase as interest in green building soars.
So far just 223 lawyers nationally have taken the step of obtaining the “LEED AP” credential — the national standard certification of green building expertise, issued by the Washington, DC based nonprofit, US Green Building Council (http://www.usgbc.org). These 223 lawyers represent only 33 states despite the fact that green building laws and regulations now exist in 44 states, and growing. [2]
While green building claims opportunities for lawyers are dramatically increasing, the broader economy is still shrinking and law firm layoffs are escalating. In the first two weeks of February alone, six major law firms announced layoffs of almost 300 lawyers and hundreds more in staff [3].
Attendance at America’s largest annual green convention, Greenbuild, has doubled in just two years to 28,000 attendees at the Boston event last November, confirming the explosive interest in green buildings. Attendees came to do business with more than 800 exhibitors, representing all 50 states and 85 foreign countries. [4]
So, what does all this mean?
“It means bankruptcy law is no longer the only growth sector for lawyers” says Avi Yashchin, a former Lehman banker, who lost his “job, 401-K and a bunch of options,” when Lehman crashed in September 2008. With his experience in finance, Yashchin turned to the green economy to make a living because “that is clearly where the growth is even in this recession.” Yashchin recently staffed up and launched a national business that prepares building professionals and their numerous support sectors such as lawyers, insurers and bankers to familiarize themselves with the LEED green building rating system and go on to take the LEED AP exam, if they wish. Find it at http://www.cleanedison.com/.
“While real estate and construction lawyers should take the LEED AP exam after taking our course, CleanEdison courses will enable all lawyers to familiarize themselves with the principles and practices of green building,” Yashchin says,“ whether or not they wish to pursue the formal LEED AP credential.”
“For lawyers in particular, familiarizing themselves with the green building sector is an immediate opportunity, because the sector is new, it’s complex, and each contract is a custom made job,” Yashchin explains. “The opportunities are enormous,” he adds.” In all of New York State, for example, there are only 16 lawyers with the LEED AP credential, and in California, there are 26.”
CleanEdison provides prep courses to pass the LEED AP exam in 25 cities from coast to coast. “Lawyers who take our training will find that they are much more knowledgeable and prepared to protect their clients.” Yashchin says.
FOR A STATE BY STATE LIST OF LAWYERS WITH LEED AP CREDENTIALS, OR FOR AN INTERVIEW WITH AVI YASHCHIN, CALL MATT ROSENFELD AT 888-51-EDISON (888-513-3476) OR E-MAIL matt.rosenfeld@cleanedison.com.
[1] http://abajournal.com/magazine/green_grow_the_lawsuits
[2] http://www.usgbc.org/DisplayPage.aspx?CMSPageID=1852
[3] Bryan Cave; Dechert; DLA Piper; Faegre & Benson; Goodwin Procter; and Holland & Knight
[4] http://www.greenbuildexpo.com/About/
