The practice of real estate law is tenuous in today’s economy, but that hasn’t dimmed the enthusiasm of ISBA President-elect John G. O’Brien of Arlington Heights.
A first-class champion cheerleader of the bar, O’Brien is frequently present at state bar seminars, section council and committee meetings, and luncheons, receptions and dinners of law-related organizations throughout the state.
Along the way, at various events, he has been roasted by colleagues of the Northwest Suburban Bar Association and toasted by friends of Attorneys’ Title Guaranty Fund.
A devout “Golden Domer,” O’Brien graduated from the University of Notre Dame and proceeded into his legal education at the Loyola University School of Law. He received his law degree in 1972.
His concentration in real estate and estate planning, and mingling with other practitioners in these special areas, led to the idea of forming an association of like-minded lawyers.
The Illinois Real Estate Lawyers Association was established in 1997 and almost instantly became the nemesis of corporations bent on encroaching on the role of the attorney in the sale and purchase of real property.
O’Brien, the founding IRELA president, was elected to the ISBA Assembly that year and appointed to the Real Estate Law Section Council. In time, he became vice chair of the Task Force on Unauthorized Practice of Law.
As unauthorized practice by real estate companies and title insurance firms became more of a threat, O’Brien began his skirmish against them by sending cease-and-desist letters and speaking out on the importance of a lawyer’s presence in a transaction.
In mid-2000, he convinced the ISBA Board of Governors to take a stand by filing an amicus curiae brief in the event that legal action were taken against a certain brokerage firm.
On July 10, the IRELA filed a complaint for declaratory judgment and injunctive relief in the Cook County Chancery Division, and the ISBA joined with an amicus.
At issue was the firm’s statement to buyers and sellers: “Closing myth number 1: Sellers must be represented by an attorney at their closing.”
O’Brien called this and subsequent activity a “revenue-driven, pernicious” attempt to control the marketplace by eliminating independent counsel. “They are selling; we are representing,” he pointed out. “The two verbs are different.”
Within a year, a settlement was reached and a consent decree was entered in June 2001. The real estate firm agreed to recommend that buyers and sellers seek representation by independent attorneys in property transactions.
In the 2002 ISBA election, O’Brien received the most votes for a seat on the Board of Governors. He ran for third vice president in 2004 and finished second among three candidates.
In 2006, he ran again for third vice president and won a lopsided victory with almost 70 percent of the balloting. His tally of 4,436 votes was the highest since 1991.
O’Brien had campaigned on a promise to continue the fight against the unauthorized practice of law, to promote the mentoring initiative, and to enhance CLE programming.
“Proven leadership and the commitment and energy to work tirelessly for the legal profession are what set me apart and make me uniquely qualified to be your third vice president,” he stated in campaign advertising.
In addition to his ISBA involvement, O’Brien serves on the American Bar Association Committee on Lawyer’s Title Guaranty Funds and the board of directors of Attorneys’ Title. The Illinois Supreme Court appointed him to its Minimum Continuing Legal Education Board when it was established in 2005.
When John O’Brien is installed June 26 as president of the Illinois State Bar Association, he will be cheered on by his wife, Karen, and three children. Among them is Sean O’Brien, a lawyer and faculty member at the University of Notre Dame Law School.