Personal Statement/Practice Philosophy

 Meet David Abeshouse, Principal of the Law Office of David J. Abeshouse

David Abeshouse says:

Most law firms, and indeed most businesses (large and small alike) try to present their customer service as high quality or at least better than that of their competitors.  The reality is, however, that their level of attention to client needs (for example, responsiveness to client phone calls and e-mails; appropriate explanation of complex legal matters; and timeliness for appointments and otherwise) usually ranges from mediocre to abysmal.  And as important as customer service is in most business arenas (whether retail sales, B2C services, or others), it is even more significant when your business is on the line due to legal issues.  In these situations, the lawyer's attention to client service becomes of paramount importance, as it constitutes one of the key bases of the attorney-client relationship.  You are paying for top-level service and experience, and should not have to compromise your expectations.  This is the standard to which you should hold your business dispute resolution lawyer.  Your lawyer should be ready to rise to the challenge.

I have a passion for resolving business disputes. I am deeply involved in conflict management and business dispute resolution from several different perspectives and in several different contexts.

I am a business litigation lawyer, an arbitrator, and a mediator:

As a lawyer, I represent and advocate forcefully for my clients in settlement negotiations, arbitration or mediation proceedings, or court litigation. I also help businesses that have received a subpoena from a governmental agency such as the New York State Attorney General or the United States Department of Justice.  Wearing various professional hats, I have the advantage of seeing the process from the perspective of adjudicator as well as lawyer, and this makes me a more effective advocate for my clients. Responsive mutual communication between attorney and client is essential, emphasized, and encouraged.

As a professional neutral arbitrator, I act essentially as a private judge for several different national and international Alternative Dispute Resolution (ADR) forums, hearing and adjudicating cases arising out of business disputes and conflicts, and my binding decisions, confirmed in a court judgment, ultimately have the force of law.

And as a professional neutral mediator, I serve as an independent outside facilitator of the parties’ efforts to resolve their business disputes in a meaningful, constructive, consensual, win-win fashion, ultimately resulting in a written settlement agreement reflecting the parties’ needs and interests.  Mediation is one of the most effective and mutually rewarding means toward resolving business and other disputes and conflicts.  My private mediation services encompass diverse industries and substantive business areas, including commercial (e.g., breach of contract, shareholder disagreements, business entity dissolution, and various other intra- and inter-entity disputes), employment (termination, trade secrets/unfair competition, discrimination, and other labor-related matters), real estate, franchising, professional malpractice and other business torts.  I encourage you to explore this exciting and advantageous means for improving communication and/or resolving business conflicts, as mediation often results in a mutual "win" situation for all parties involved, and at a substantial savings of cost, time, effort, emotion, and disruption, in contrast to litigation in court. 

Mediator qualities –

I also am deeply involved in the business and legal community: For the past two decades running all aspects of a small real estate business in Manhattan for an Australian client; serving on the boards of directors of several not-for-profit corporations; chairing a bar association ADR Committee for two years; co-founding in 2000 a lawyers’ networking group; conducting alumnus interviews for high school seniors seeking admission to my very selective undergraduate alma mater, for which I served on the Secondary Schools Committee for 15 years; regularly publishing articles in print and online media both nationally and locally; and engaging in public speaking on a variety of law-related topics, among other things. I am fortunate to be able to fulfill my passions for business dispute resolution and community service in so many ways, and continually seek out others whom I can assist.  Please call or write to me if I may be able to help you or someone you know.

On being a "resource hub":  I am pleased to be able to refer clients and colleagues to a broad and deep network of trusted professionals and other service and product providers, developed over many years and through diligent efforts.  For further elaboration on this concept, please see my article published in the New York Law Journal in September 2005 -- a link appears on the publications and speaking engagements page of this website.  I seek continually to practice what I preach.

A brief thank-you:  My law practice is not built on advertising; rather, it is founded upon referrals – referrals from valued clients, trusted professional colleagues and friends, and others who have benefited from working or affiliating with me.  Indeed, some new business is referred to me by former adversaries -- opposing counsel.  The greatest compliment that you can bestow is to recommend that your business colleagues, friends, and family consult with me regarding their legal matters.  I greatly appreciate the confidence so many have shown by their referrals and endorsements of my services.

Thus, rather than forcing parties to resort to the time-consuming and often issue-ridden process of attempting to select a neutral mediator after a dispute has arisen under a contract, transactional counsel for the parties can designate the parties’ agreed-upon neutral mediator in the business agreement itself, and thereby avoid having to deal later with these issues while the underlying dispute remains unaddressed.  This effectively resolves, in advance, one of the difficult threshold issues once a dispute arises: how to select a mediator. 

By designating your agreed mediator in the business agreement, and incorporating by reference the separate mediation agreement form (available upon serious request), you take the first step towardfaster and more effective resolution of any internal issues, disputes, or conflicts that may occur in the course of business. 

Here is a sample general clause for use in this connection:

Dispute Resolution: In the event of any dispute, claim, or disagreement arising from or relating to this agreement, the parties shall endeavor to settle the matter; however, should informal discussions not be successful, the parties agree to try to settle the dispute by mediation, using the services of David Abeshouse or, if he is is not available to serve as mediator, another mediator mutually acceptable to the members. Except when injunctive relief may be necessary to prevent irreparable harm or to preserve the status quo, no litigation (or arbitration) shall be initiated until after the expiration of ninety days following the delivery of a written request for mediation by one party to the other(s).  An executed copy of Mr. Abeshouse's mediation agreement is attached as an exhibit hereto. 

Continuing Legal Education (CLE): New York State mandates that its practicing lawyers take 24 CLE credits biannually. Many lawyers struggle to achieve this standard. Between the CLE credits I amass through teaching accredited courses to lawyers and those for which I qualify by attending CLE seminars, I routinely exceed the State requirements, ensuring that I remain current in rapidly-changing areas of the law relevant to my practice.

Solos and small firms:
According to Michael S. Greco, President of the American Bar Association (2005): "Approximately eighty percent of America's lawyers practice solo or in small firms in communities throughout our nation. Their work touches many people at some of the most significant points in their lives...."  I hope that my work will continue to have a positive impact on the lives and companies of the businesspeople and professionals who seek out my legal services.  Toward this goal, I strive daily to address positively some of the reasons that prospective clients should come to me rather than to some of the larger law firms: level of responsive personal service; degree of client control over which lawyer actually performs the work for the client; handling matters that would be inappropriate for the large firms geographically, financially, or politically; flexibility as opposed to stodginess; magnitude of their billing invoices, and paying for the "extras" that typically adorn big law firm offices and the perks often afforded their senior lawyers; a cultivated network of quality professionals to whom I can refer clients for areas in which I do not practice, rather than being beholden to refer them to law partners who might not be best suited to handle the matter. 

Small business and lawyers:

As reported by the Wall Street Journal (Oct. 2005):

Nearly a third of small-business owners say they have little or no trust or confidence in lawyers or the legal profession: In a survey of small-business owners conducted by the National Federation of Independent Business, 28% of the owners say they have a great deal of confidence in lawyers, 41%, some; and 30%, little or none at all.
In the past year, 78% of owners polled by NFIB say they have sought advice or other assistance from an attorney over a three-year period. In consultations with lawyers, the topic most often cited was contracts, 20.6%,  debt collection, 15.5%; real estate, 14%; liability, 10.8%; and employment, 8.8%.
About 41% of the businesses became involved in a dispute in the past three years that needed the services of a lawyer, the most likely topic being creditor collections, followed closely by contract disputes. The majority of such disputes, 53%, are settled out of court, with arbitration or mediation solving 22%.

I am on a personal mission to improve the percentages of those having trust in lawyers, and to enhance the proportion of disputes appropriately resolved out of court, without litigation wherever possible.

On July 1, 1850, before he became President, Abraham Lincoln, a renowned trial lawyer, gave a speech before a group of lawyers -- it contained the following now oft-quoted remark:  

"Discourage litigation. Persuade your neighbors to compromise whenever you can. Point out to them how the nominal winner is often a real loser -- in fees, expenses, and waste of time. As a peacemaker, the lawyer has a superior opportunity of being a good man.  There will still be business enough."

David Abeshouse has been awarded an AV® Preeminent™ rat­ing (5.0 out of 5.0) from Martindale-Hubbell, which is the highest rating an attorney can obtain. This rating, determined through a national peer-review process, indi­cates that David Abeshouse has been recognized by other attorneys for possessing the highest levels of skill and integrity.  He has been “AV” rated continuously since 1995.

David J. Abeshouse: 
Business Litigator, Arbitrator, Mediator, Communicator 

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