October 31, 2025



LOOKING BACK, PLANNING FOR THE FUTURE

Reflections on the Practice of Law: 44 of 61

Advocus lawyer agents and friends,

While preparing for our premier legal education event, the Harold I. Levine Real Estate Institute, I reflected on my 44-year career at ATG, now Advocus. You are all part of the journey, and the key to a successful future!

Harold I. Levine: Mentor and Friend

Forty-two years ago, Harold I. Levine made the decision to mentor me, which made a giant impact on the direction of my career. Almost as giant as Harold himself.

Together and independently, we wrote 60+ articles on topics of importance to lawyers and the consumers we serve. They appeared in various bar journals in Illinois and nationally, as well as in local and national newspapers and industry publications. We spoke at dozens of bar association programs, including the ABA Annual Meeting on nearly a dozen occasions. 

Harold was a fabulous person who cared deeply about the legal profession. He was passionate about the lawyer’s role, and dedicated to sharing knowledge. His caring and giving spirit is with us today as we celebrate his life and enduring legacy. On a personal note, Harold and his beloved Barbara were so kind to me. They made me feel like a part of their family, something I cherish to this day through my longtime friendship with their son Samuel.

Many of the issues Harold and I wrote about in the 80s and 90s are even more relevant to the practice of law today. Here are the Top 6, plus a few new ones.

6️⃣ The Tail Wags the Dog

In 1985, one of Harold's articles noted that the average attorney's fee was $400. Adjusted for inflation that's $1,350. Yet attorneys’ fees today only average $750 (a $600 deficit). Not to mention the “low ball attorneys” who discount attorney’s fees and jack up title fees.

Net title fees to attorneys in 1985 were also $400, again adjusted for inflation $1,350. But title fees now average $2,350 a $1,000 surplus.

So while the total fees adjusted for inflation are now $400 higher for a seller’s attorney, the reliance on title fees is self-evident.

And what of the buy-side of the transaction? The average fees are ridiculously low. We are doing disservice to the value of having an advocate for what is the largest single financial transaction of the typical consumer’s life. And with increasing frequency, (especially with Realtor® captives) we see buyers attorneys and realtors trying to push for title work through bifurcation or “seller credits."

5️⃣ Too-Good-to-be-True Agent Compensation without Meaningful Lawyer Examination

We call this “the race to the bottom.” After years of battling the commercial companies who wanted to put the lawyer title agent model out of business, Chicago Title caved and started signing up attorney agents. Everyone else quickly followed. And here we are today with just about every underwriter and service company agent signing up attorneys with the promise of more money and less (or no) work. These programs do real damage to the profession and pose significant reputational risk and risk of liability. At the same time, the younger generation of lawyers are not developing the skill sets to succeed over the long run.

4️⃣ You Simply Cannot “Phone it In”

Increasingly, attorneys are not present at closings. And sometimes they are not even available by phone. We hope our GO Live technology helps bridge this gap, but at the same time I worry that lawyers are missing the opportunity to develop deeper relationships with their clients. I know quite a few attorneys who receive ongoing business from these relationships both in the form of referrals for real estate and estate planning matters and also larger, more lucrative matters.

3️⃣ Technology and Consumer Expectation

Consumer expectations have changed dramatically. Our parent company has a mortgage-approval program for qualified buyers that reduces a process that typically takes weeks into a single day. Our pledge to you is to give you the tools you need to meet these ever more demanding expectations.

2️⃣ Dependency on Realtor® Referrals

I have tilted at this windmill for decades. Simply stated, the combination of dependency on Realtor® referrals together with the demand to use their title captive poses an existential risk. If the emerging title agent/real estate salesperson joint ventures take off, how soon will it be before the largest Realtors® cave to the demands of their top producers to become title agents?

The world is changing following the NAR settlement (our topic at the 2024 Levine program) and today more lawyers than ever have the ability to move up the food chain.

1️⃣ We Are a Community

I have had the opportunity to work with thousands of lawyers over the course of my career. Across the decades we have faced existential challenges to our Mission: “To preserve and protect the role of lawyers in real estate transactions for the benefit of their clients.” Through it all, the quality that defines us is community. It is palpable at every one of the storied events we have hosted over the years. Helen Keller wrote: "Alone, we can do so little; together, we can do so much." That is so true of us. Any success attributed to me is only because I was carried on the wings of an army, all of you who have made this journey possible. And It is on us to create these same opportunities to the next generation of attorneys who await our direction.

Succession Planning, Mentoring the Next Generation of Lawyers, and My Personal Mission

So many of you have built successful practices. There is real financial potential (as well as legacy satisfaction) in bringing in that bright young lawyer or selling your practice to a vibrant, growing firm.

I continue to work hard every day to help preserve and protect lawyers and the clients we all serve. So many of you have been so supportive of our mission and our organization. Thank you for joining me to work to ensure opportunities for the next generation.

What an extraordinary journey. I am so grateful.

Peter J. Birnbaum

Executive Chairman

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