Commercial Real Estate Finance

Scott C. Butler is a principal of Kaplin Stewart, a regional law firm focused on real estate development, land use and zoning, bankruptcy/creditor’s rights among many others. Mr. Butler is a member of the Real Estate Transactions and Corporate Law & Business Planning Departments. He has also represented buyers and sellers in complex commercial transactions, including sale and leaseback acquisitions and transfers of equity interests in owners of real estate. Mr. Butler is active in all aspects of real estate transactional work including retail and office leasing, limited partnership and limited liability company agreements, acquisition and sales agreements, brokerage and management agreements, condominiums and planned communities, and construction and permanent loan financings.

Q: As a company, tell me about the niche you have carved out for yourself and how you feel you are different from the competition. Why do you find this product type more appealing than alternative real estate asset classes?

A: I am an attorney who concentrates my practice on real estate and corporate transactions.  My legal practice includes all aspects of real estate transactional work including retail and office leasing, limited partnership and other joint venture agreements, acquisition and sale agreements, brokerage and management agreements, condominiums and planned communities, construction and permanent loan financings, loan work-outs and loan acquisitions.

My firm is located in the suburban Philadelphia market and, as a result, we have been able to keep our overhead lower than our competitors.  In addition, we do not invest in hiring attorneys immediately after they graduate from law school and have them learn “on the job” at the expense of our clients.  We hire attorneys with a couple of years experience so that they can provide a benefit to our clients immediately after being hired.  As a result, my firm is able to provide complex legal services at a more economical price than our competitors located in metropolitan areas.

Q: How has your strategy changed as a result of the credit crisis?

A: Since we have already operated in an economical and efficient manner and did not inflate our rates during the last couple of years, we did not have to change our strategy in the recent market.  We have, however, provided our clients with assistance on transactions that were not as common over the past several years such as loan work-outs, loan purchases and lease amendments that provide incentives for tenants to remain in good standing, open and operating.

Q: What is your favorite part of your job? Least favorite?

A: My favorite part of my job is to act as a deal-maker and problem-solver.  My approach to any deal is that once you find out the underlying issues that are most important to each party in the transaction, then it will be possible to come to an agreement and solution that will be acceptable to everyone involved.

My least favorite part of my job is when the other party is represented by an attorney who would rather threaten and argue instead of working together to come to a resolution.

Q: What three adjectives would you use to best describe yourself as a business person?

A: Accessible, hard-working and caring.  My clients know and understand that (i) I will respond to any email or phone message as soon as I possibly can; (ii) I will work as hard as possible to get the result that they desire in a timely manner; and (iii) I care about the outcome of their transaction and the future ramifications as if I were signing the agreement myself.

Q: How did you get your start in the business?

A: I originally started out as a litigation attorney for two years and was then fortunate enough to have an opportunity to come to Kaplin Stewart and become a real estate transactional attorney.  The knowledge and experience that I received from being a litigator has been very helpful in my transactional practice since I have knowledge of what to expect if a deal goes awry.

Q: If you weren’t in real estate, what would you be doing with your life?

A: Since my dreams of playing left wing for the Philadelphia Flyers were shattered about 20 years ago, I would probably be working in the financial industry doing corporate transactions that have the similar complex structure and the pace of real estate transactions.

Q: What do your weekend activities include?

A: In my free time I enjoy playing ice hockey and golf.  However, I have three young boys who usually keep me busy coaching, playing sports and driving them around.  I find that I sleep less on the weekends than I do during the week, but I would not change that for all the money in the world.

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