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Douglas A. Crosby

Douglas A. Crosby

Donahue Gallagher Woods LLP
300 Lakeside Drive
Suite 1900
Oakland, CA 94612

Phone: (510) 451-0544  |  Fax: (510) 832-1486
http://www.donahue.com

Contact Douglas A. Crosby

Commercial Real Estate Transactions and Development

Legal Topic

Real Estate

Preferred New Clients

I am interested in handling just about anything that a principal party (seller or buyer, landlord or tenant) in a commercial transaction would need.

Sub-Categories

Commercial Real Estate
  • Architectural & Engineering
  • Buying & Selling
  • Construction Contracts
  • Conveyancing
  • Homeowners' Associations
  • Land Contracts
  • Land Use & Zoning
  • Mortgages
  • Renting & Leasing
  • Title Insurance

Bar Admissions

CA, Dec 1987
Bar Number: 132357

Other Court Admissions

State Courts of California; U.S. Federal Court, Northern District of California. I am also a member of the Real Property Section of the California State Bar.

Association Memberships

I am a member of the State Bar of California and the Alameda County Bar Association.

Continuing Education

Over the past several years I have averaged between 5 and 10 hours per years in course work on commercial real estate transactions. I also keep current on several trade publications, particularly in the area of shopping center development.

Papers and Publications

In law school I served as an articles editor on The Santa Clara Law Review. I have also reviewed and edited marketing materials for real estate agent colleagues.

Example Cases

I assisted a national supermarket chain client in the acquisition, development and leasing of a sixteen-acre shopping center in Redding, California. The documentation included a purchase and sale agreement with a national drug store operator acquiring a portion of the center, a site development agreement, a declaration of covenants, conditions and restrictions and leases with smaller space tenants ranging from locally owned businesses to national chain operators.

Recently, one of my developer clients had reached the point in a project where his company was ready to be bought out of the deal. The financing and the timing of the buy out were very tricky and several parties were involved. I led the preparation of the necessary documentation and kept the parties focused on the common goal of reworking the ownership structure of the project. Despite the inherent challenge of working with divergent party interests, I was able to effectively facilitate mutual agreement on critical deal points.

Education

Degree:

Juris Doctorate

School:

Santa Clara University School of Law

City:

Santa Clara

State:

CA

Year:

1987

Focus and Accomplishments:

Articles Editor for the Santa Clara Law Review

 

Degree:

Bachelor of Arts

School:

Stanford University

City:

Stanford

State:

CA

Year:

1983

Focus and Accomplishments:

American Studies

Number of Attorneys

35

State Licensed In

California

Firm Focus and History

Donahue Gallagher Woods LLP conducts a highly diversified civil practice, providing a full range of litigation, business counseling, transactional, and alternative dispute resolution services in the areas of business, corporate, real estate, intellectual property, employment, immigration, creditors' rights, and insurance, as well as services in the areas of trusts and estate planning. Our clients range from individuals, sole proprietorships, and small, family-owned businesses to multi-national Fortune 500 corporations, including some of the country's most prominent technology companies and retailers.

The firm was founded in 1918 and has offices in Oakland, Mill Valley, and Walnut Creek. Each of our attorneys brings several areas of expertise to the practice of law, allowing us to maintain a dynamic, flexible firm structure. The breadth of our experience and our cooperative culture enable us to offer our clients the sophistication and expertise of a larger firm, while retaining the responsiveness and efficiency of a smaller firm. Throughout nearly nine decades of providing legal services, our goal always has been to provide our clients with the highest quality of service in the most cost-effective manner. To achieve this end, we carefully staff all projects, matching client objectives with the professional skills and experience of our practitioners. Whenever possible, one attorney assumes full responsibility for handling a matter. For more complex transactions or litigation, we assemble a team suited to the special demands of the matter. Whether we are retained to provide representation for a single matter or to handle a client's ongoing legal needs, we strive to develop a close working relationship with our clients so that we may effectively represent them.

Our transactional, real property, and intellectual property attorneys have in-depth experience negotiating and drafting a wide range of legal documents relating to business, employment, real property, copyrights, trademarks, and estates and trusts. Our litigators have successfully represented clients in complex litigation and arbitrations involving contract disputes, copyright and trademark infringement, software piracy, unfair business practices, wrongful termination, and employment discrimination, antitrust and trade regulation, securities matters, insurance claims, product liability, creditors' rights, and contested wills. Our attorneys strive not only to develop a high level of expertise in their areas of specialization, but also to bring a business and practical perspective to each matter. We seek to be both counselors and problem-solvers, trying to help our clients avoid legal problems and vigorously representing their interest when problems arise.

Previous Employment Summary

I have enjoyed the great fortune of spending my entire 19-year legal career at Donahue Gallagher Woods. During law school, I worked summers in the Office of the City Attorney of San Francisco, in the Special Projects Division.

Activities and Awards

Many of my golfing companions are also in the real estate business, so a round of golf is also often an opportunity to exchange ideas and explore business opportunities in the real estate market.

What is your opinion regarding clients educating themselves on legal issues?

I encourage my clients to educate themselves on legal issues and will often direct them to legal resources I think they will find useful. The more my clients know and understand about the types of legal issues relevant to their business, the better able they are to recognize legal problems and get me involved sooner as opposed to later.

Are you willing to review documents prepared by clients?

I am happy to review anything my clients send me; however, I must ask that they trust my judgment when, and if, I come to the conclusion that it would make more sense (in terms of time and expense) if I take their general objectives and develop them from a document I create. There may be times, though, when I need to rely heavily on client input for certain technical provisions, particularly in the area of building construction specifications.

Are you willing to coach clients who want to represent themselves?

For the types of commercial real estate transactions I handle, I have found that I need to remain actively involved through the completion of the deal.

Why did you decide to be a lawyer?

I have always been a negotiator and, as a young adult, had the good fortune of knowing, on a personal level, several prominent San Francisco attorneys. They were always very willing to talk about the profession and offer encouragement. During college, I worked for two well-known firms in San Francisco. I started in the mail room, and spent significant time in the accounting department. These experiences gave me valuable opportunities to observe how a law firm works from the inside. As an American Studies major at Stanford, I found a real interest in persuasive writing and advocacy. I decided to become a lawyer to further develop my writing and advocacy skills, with a strong interest in a career in public policy.

What work experience and education helps you be a better lawyer?

Every deal in which I am involved in some way makes me a better lawyer. Sometimes the toughest deals to complete can be the most educational, especially if the other attorneys in the deal are also experienced and creative.

Why did you decide on your primary area of practice?

My father is a prominent architect in the Bay Area, and I grew up walking around on construction sites with him. I also worked in his office during the summers, and have always been interested in property development. First year law school at Santa Clara University was, as promised, quite a challenge, but real property law was the one class that truly interested and motivated me. After taking more in-depth courses in the areas of real property acquisitions and secured transactions (and doing some of my own acquisitions), I knew this was the area of law I wanted to pursue for my career. The final piece for me was finding a place in a thriving real estate law practice, like the one here at Donahue Gallagher Woods, at the beginning of my legal career.

What do you like best about your career?

I enjoy making my client's deals become reality. Seeing a project I worked on come out of the ground and open for business is a very rewarding experience. As soon as those doors are open, the common goal has been achieved and challenges of the negotiation process begin to blur. Some of the most contentious negotiations I have seen have later turned into long term business relationships.

Tell us about your law firm:

We are a general practice firm of thirty attorneys. There are four of us who focus primarily on the practice of real estate law and related areas, and several others who include real estate work in their practice. We have a unique group of clients that include a national chain of operators in the supermarket industry, home improvement warehouses and fabrics, and many local clients in the real estate development business. Our clients are in business all over the United States.

What are your strengths and style?

My clients have often commented on how they appreciate how I work through issues with them. A good real estate agreement is one that properly captures the intent of the parties and reasonably provides a means for resolution should an unexpected dispute arise down the line.

Effective communication is key, especially since in most deals, so much of the negotiation will happen without the benefit of face to face interaction. While building a new working relationship, one of the first things I focus on is how, among the many means available, I am going to best communicate with my client. The obvious choices are telephone and electronic mail, but the not so obvious choices have to do with time and place management. I thrive to make myself available at the times I know my client will be in the best position to focus on the issues we need to cover. I will also emphasize the importance of appropriate response times to maximize the likelihood that expectations on both sides will be met.

Personal Interests:

Coaching youth sports, golf, carpentry, wine tasting, and travel.

Office Manager/Assistant

Suzi Garcia

Fax

(510) 832-1486

Office Hours

Monday through Friday
8:00 a.m. to 6:00 p.m.
I also work out of our Walnut Creek office for the convenience of my Contra Costa County clients.

Emergency After Hours

Yes

Foreign Languages

I have some proficiency in Spanish and we have several other Spanish speakers in the office.

Additional Offices

Mill Valley, CA
591 Redwood Highway
Suite 1200
Mill Valley, CA 94941
(415) 381-4161

Walnut Creek, CA
1646 N. California Boulevard
Suite 310
Walnut Creek, CA 94596
(925) 746-7770

Fixed-Price Services and Fees

The type of work I do does not lend itself well to a fixed price type of billing arrangement. Where heavy negotiation is expected from both sides of a transaction, it is difficult to predict how long it will take to complete a deal. However, if a client can provide a general idea of their budget for a particular project, if my fees are getting close to that point, I am happy to meet with the client to discuss where we are in the transaction and what is expected in terms of fees for the balance of the deal.

Hourly Rates

My hourly rate (through July 2009) is $420.

Free Initial Consultation?

I do not have a standard policy for initial consultation. Typically, I prefer to begin a client interaction with a short telephone conversation (at no charge) to get an idea of the type of work involved and the potential client's expectations. If there is a possibility of extensive work or a long term business relationship, I very likely would be interested in continuing discussions on an informal basis as long as it is clear that legal advice and representation are not being given until a formal arrangement has been made.

Typical Retainer

It depends on the nature of the work involved. I will typically request an amount equal to what I would expect to bill in the first month of representing a new client.

Understanding Fees

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