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Attorneys rewarded by focusing on narrow areas of the law

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When Barb Albano bought her first UPS Store in Noblesville, she remembers her attorney coming to the closing and watching while she signed the papers.

When she began the process of buying her second store in Westfield, Albano turned to her neighbor for legal assistance.

Albano’s neighbor, Josh Brown, not only has experience in business, but he has built his solo practice concentrating primarily on franchise law. He helps entrepreneurs who buy or sell franchises navigate the federal and state laws and regulations that govern the operations of these businesses.

joshbrown-15col.jpg Attorney Josh Brown, who gave up corporate law to focus primarily on helping franchise owners, meets with his client Barb Albano at her Noblesville UPS Store. (IL Photo/ Aaron P. Bernstein)

“It’s a very, very fascinating area of the law,” Brown said. “It touches on a lot of business concepts.”

Equally fascinating to Brown was the number of individuals who invest their life savings into buying a franchise without enlisting the help of an attorney. The franchise agreements can number upward of 400 pages and bind the owner-operators anywhere from five to 20 years.

With his experience in business and his desire to help small business owners, Brown carved out his niche legal practice. His firm in Carmel is small and very specialized, but he gets to know his clients serving not only as an attorney but also as a consultant.

Brown’s cross-town neighbor is Phil Sever, co-founder of the Sever Storey law firm which focuses solely on representing landowners in eminent domain cases. Sever, too, has established a niche practice that enables him to wear shorts and sandals to work and to find some positive outcome in what he sees as potentially unfair land acquisitions.

The common thread connecting Brown and Sever is that their niche practices, each developed through personal and professional experiences, incorporate practical approaches to serving their clients.

Pickles and pipelines

Brown’s expertise in franchise law began with part-time jobs he worked while in high school. Today, as he chooses sandwich toppings at a Subway restaurant, he knows from experience exactly how many pickles are to be placed on each sub.

He always planned to go to law school. However, after finishing his undergraduate degree at Indiana University in Bloomington, Brown wanted a break from the classroom. For five years, he worked full time in business management, including a couple of stints for franchise owner-operators.

It is not surprising that he was drawn to business law after graduating from Valparaiso University Law School in 2006. Brown worked for private firms, doing mostly corporate litigation where he soon realized he did not want to build his whole career on litigation.

He explained he gets much more enjoyment from helping people build things rather than dealing with the mess after the business falls apart.

Sever, by contrast, discovered the possibilities that eminent domain law held only when the Rockies Express Pipeline cut across south-central Indiana.

Dubbed the REX pipeline, the 1,600-plus-mile conduit was constructed to carry natural gas from Colorado to eastern Ohio. When construction reached Indiana, Sever and his law partner Tonny Storey started attending the public meetings between the energy company and landowners. Sever Storey took on 20 to 30 property owners as clients and soon their general practice shifted to a niche practice.

StoreySever-15col.jpg Phil Sever (right) and Tonny Storey, founding partners at Sever Storey, focus their entire practice on representing landowners in eminent domain cases. (Submitted photo)

Sever and Storey found they really enjoyed representing landowners and digging into the finer points of complex eminent domain law. Since the REX pipeline, Sever Storey has opened offices in Illinois, Ohio and North Carolina, following big road projects that involve land grabs.

Sever acknowledged he never expected to be in four states but the expansion, “just made sense.”

Relating to clients

Speaking of his work, Sever peppers his language with terms like “regular folks,” “normal folks,” and “the takers.” They are his words for landowners facing eminent domain and the government agencies scooping up property for large public works projects.

This language stems from his experience as a student attending the University of Akron School of Law at night. He spent his days working as a document clerk for a large firm where he believed he was well liked, playing on the firm’s basketball team while still managing to keep his grades in the top quarter of his class.

Sever then approached the hiring partner about a summer associate position. That partner schooled Sever on the terminology of first-, second- and third-tier law schools, telling him the firm only hires students and graduates from the Ivy League and would never consider anyone from Akron.

The response from Sever was, “I quit.” If the firm held no opportunity for him, Sever did not want to waste his time.

When landowners come to him with government offers for their homes, Sever remembers that a prestigious law firm snubbed a guy going to a “normal school.” In the eminent domain situation, he explained, the government has been planning for years but only gives each household a month to decide to either sign the agreement or get taken to court.

To Sever, that is an unfair situation and one he and his firm tries to remedy.

Brown grew up around the legal profession, having a father, aunt and uncle who are attorneys, and he saw how lawyers can help people. He wants his clients to consider him to be more than someone who can untangle a legal matter. Brown would like to be seen as a trusted business advisor with whom clients feel comfortable asking questions and bouncing around ideas.

“If I can build that kind of relationship with my clients, I’ve done a really good job,” he said.

Bye, bye billable hour

Both Brown and Sever turned to alternative fee structures because of their clients. Unless they are dealing with larger companies or corporations, charging by the hour will not attract many small businesses or even be feasible for individuals.

Brown typically charges his clients a flat fee. He outlines the services he can provide and then assigns a dollar amount. This eliminates any surprises that can come when a client opens an attorney’s bill and stops the internal debate clients have with themselves about whether to call the lawyer with a question.

“I was just kind of blown away, myself, by the number of people who don’t seek out attorneys,” he said. “People do whatever they can to avoid getting an attorney because they feel it’s really expensive and they’ll get charged for every phone call.”

Sever primarily works on a contingency fee arrangement. “Regular folks” are better able to manage a contingency fee because few are sitting on piles of cash from which they can pay an hourly rate, he explained.

Under his fee structure, his firm takes a percentage of any amount increased from the original offer.

As an example, Sever and his firm represented the Delphi Pentecostal Church in an eminent domain case with the state over the Hoosier Heartland project. The church rejected the state’s initial offer of $534,000 and was able to resolve the matter for $1 million. Sever based his fee on the approximate $500,000 value his firm added.

All the little details

Brown’s client Albano became a small business owner after getting downsized for the third time in five years. She turned to Brown for help navigating the agreements and disclosures that come with purchasing a franchise, and she still consults with him whenever she has a legal question or needs direction.

Brown pays attention to the details, she said. He points out things she did not even know to consider. That allows her to focus on her niche of helping customers with their shipping and printing needs.

“I enjoy ‘wowing’ people,” Albano said. “It gives me the opportunity to interact with the people and solve their problems.”•

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  1. Am I the only one who sees that the City is essentially giving away the MSA site AND giving millions to build new buildings on the site when this site would be the perfect place for the Justice Complex? Across from City-County, check; keeping it centrally located, check, etc. It's my understanding that the GM site must be purchased by the City from Motors Liquidation Company. STOP WASTING WHAT WE ALREADY HAVE AND OUR TAX DOLLARS! The Ballard Administration has not been known for it's common sense...never voted for him and never will!

  2. This guy sounds like the classic molester/manipulator.

  3. Louis D. Brandeis was born in 1856. At 9 years of age it would have been 1865. The Brandeis family did not own slaves. My source Louis D. Brandeis: A Life, by Melvin L. Urofsky.

  4. My name is Matthew Lucas Major, I recently went through a jury trial in Bloomington , In. It was the week of Feb 19-21. Although I have been incarcerated since August 5, 2014. The reason I 'am writing to you sir is on the 21 of February the jury came in with a very excessive and wrongful verdict of guilty on 6 child molesting charges against my daughter who was 9 at the time I was accused. I also had 2 other Felonies one of Intimidation and 1 of Sexual Vicarious Gratification. Judge Marc Kellam on the second day of trial gave me a not guilty on those 2 felonies. The jury was sent out during that time and when brought back Judge Kellam told them to not concern themselves with the 2 Felonies that he ruled on them. They were told to not let evidence they had already heard influence there verdicts. I never in my life touched any child sexually and definitely not with my own daughter. When I was arrested Detective Shawn Karr told me I would be convicted guilty just on my daughters word even without evidence. That's just what happened. my public defender did me so wrong he never once proved to the court and jury all the lies the child told, and Jeremy Noel my public defender could of proven the lies easily. The stories in Serenity's depositions and Forensic interview changed and were not consistent as Prosecutor Darcie Fawcett claimed they were. Yet my attorney never mentioned that. The facts that the child accused me of full penetration in her vagina and rectum was proven lies. Doctor Roberta Hibbard of Riley hospital in Indianapolis confirmed Serenity's hymen intact, no scars, no tearing, no signs of rape to her. Yet my attorney didn't use that knowledge . the DNA was all in my favor. I tell you I will spend my entire life in prison going through rape and beatings etc. even Judge Kellam abused his authority by telling the jurors to listen and believe what the prosecutors side in evidence like my daughters testimony. In one interview with the detectives my daughter got flustered with her mom and said on camera " I'm saying what you told me to mom"!! Yet Mr. Noel said nor did anything to even resemble a defense attorney. Judge Kellam allowed edited version of a taped conversation between the child and her mother. Also Judge Kellam allowed the Prosecutor too bring in to my case a knife found under my seat, the knife wasn't part of my case. She was allowed by my attorney and the judge to put a huge picture of it on the screen and huge picture of my naked privates in a full courtroom and open court. Ms. Fawcett says to jury see how easy Mr. Major could reach the knife and cut his Childs throat. Even though I had no weapons charge against these cases. This gave the jurors prejudice thought against me thinking I threatened her with that knife and how scared she would of been knowing i could get it and kill her. On my sentencing court March 19, 2014 my public defender told Judge Kellam he wish to resign from being my attorney and wished for the court to give me outside council to file a error to trial or appeal. We were denied. Now after openly knowing my public defender don't want to represent me he has to. Well when as parents we make our kids clean a room when they really don't wish to, well the child will but don't mean she will do a good job, that's where I'm at with Mr. Noel. please dont ignore mine and my families pleas for your help . we have all the legal proof you could need to prove Im innocent. Please dont make my spend years in prison innocent when you can fix this wrong. Im not saying Im a perfect man or that I was a perfect dad to my 2 children none of us are. Ive made some bad choices in life and I paid for them. But I didnt ever touch or rape my daughter . I love my children with all my heart. And now through needing attention and a ex-wife who told my granny several times she wish she could put me in prison to get me out of their lives. Well my ex finally accomplished her goal. Sad part is she is destroying our daughter with all this horrific lies and things she taught my daughter to say. My daughter will need therapist to ever hope for a chance of a normal life after what she had done to her by her mom and their side of the family. My daughter told everyone even on stand she had a dream months before i supposedly molested her in this dream I was molesting her and when I finally did it matched her dream perfectly. She admitted to watching movies about little girls being molested and watching U-Tube videos about child molesting all before it happened supposedly to her. Doesn't that sound very unusual that a non molested 9 yr old would need to know so much about being molested? The only reason I could think a 9 year old would need so much information is to be prepared to know what to say and be able to say how it felt what took place etc.. So when questioned by authorities she would be prepared. And there again sir if a parent is pre grooming a 9 year old child she would need intimate details . Like telling her daughter about a couple moles on my private area. The child admitted to sneaking my cell and looking many many times at nudes of me and my girlfriend even one where my penis was entering my girlfriends vagina. In that picture my moles are obvious. Yet when prosecutor showed everyone in court my privates and pictures of the moles she said the only way the child would know about them is if she saw them for herself. My attorney once again said nothing about the pictures my child saw. Or could a ex-wife be able to describe my moles to help her case against getting rid of me? I beg you help me. This is my very existence. Ive lost everything , a good job, a wonderful girlfriend, my freedom, but worse thing Ive lost is my children. They were my reason to get up every morning and strive to be better. The wonderful bond I had with my Serenity is gone. After this I would be afraid to even hug her for fear of what next can they do to me. I'm not afraid to tell you I sit here in this cell and try to hold back my tears. Everyone knows you cant show weakness in prison. My life has already been threatened here at Wabash Valley Prison. After only 3 days of arrival. I was tricked into signing a waiver now Im in G Block General Population with 6 child molesting felony charges. Mrs. Hart as a 18 year old I almost died hooked to machines in hospital almost 1 month and now I know that fear was childish compared to this . I cant help but put emotions in this, after all Mrs. Hart Im human and God help Me I never been more afraid in my life. I didnt hurt my little girl I didnt touch her sexually. As much as it shreds me and fills my mind what Im facing I worry more about my mom and granny because of their great love for me mam they are suffering so deeply. I aint done this things but my loved ones suffering right along beside me and If you take my case you will be in essence freeing them also. I sent momma this letter and asked her to email it to you. I'm scared I have been done so unjustly by our legal system and I need you to fix this and give me freedom. I ask you please don't just ignore my pleas. Here in America its nice to be able to trust our legal justice system, well they destroyed my and my loved ones trust in our justice system . And I'm trusting in You !!! My entire family is suffering this nightmare with me. My 77 year old granny had a stroke and isn't doing so well. My single mother that raised 3 kids alone is dying from Lupus and since my arrest has stayed so sick and weary. Our lives torn to peices by a government I was taught I could trust in. my momma has tried so many innocent project and wrongfully accused and cant get anywhere. please please help me. A quote from the late Nelson Mandela: To be free is not merely to cast off ones chains, But to live in a way that respects and enhances The Freedom Of Others. I have Faith in you and your clinic to cast my chains off and give me freedom I do deserve as a wrongfully accused Man, son, brother, father, friend. Matthew Major DOC# 246179 Cause # : 53c02-1308-FA-000779 God Bless you. Please contact me with your decision so I know you made a life changing decision for me , just please at least write me so I know you care enough about your citizens to respond to cries for your help. You can speak openly with my mother Charlotte Spain (828) 476-0406: 71 Lakeview Dr. Canton, NC 28716 Thank You Matthew Major I know yall get thousands of request and inmates claiming innocence, and each person who are innocent deserve to have organizations like yours willing to fight for them and I give yall so much Thanks and I thank God everyday yall are out there caring enough to help free the innocents. Since discovering firsthand how easily lives and families can be destroyed by Poor Defense attorneys not doing their job . And Prosecutors allowed to do as they please in court

  5. Frankly, it is tragic that you are even considering going to an expensive, unaccredited "law school." It is extremely difficult to get a job with a degree from a real school. If you are going to make the investment of time, money, and tears into law school, it should not be to a place that won't actually enable you to practice law when you graduate.

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