by Bradley Parsons
Staff Writer
Attorney Mitch Legler believes that nothing is more expensive than battle. The attorney for Jacksonville Landing owner Toney Sleiman hopes that Sleiman’s dispute with the City doesn’t devolve into courtroom warfare.
“Litigation is not an efficient way to resolve disputes,” said Legler, founding partner of Kirschner & Legler. “My experience has been that both parties end up wasting a lot of time and money trying to satisfy attorneys’ egos and not getting the job done.”
Legler’s experience is a vast resource to draw from. In nearly four decades of practice in Jacksonville, Legler has helped establish some of Jacksonville’s most esteemed firms. Before joining with Kenneth Kirschner, Legler’s practice with Charles Commander became Foley & Lardner’s local office. Kirschner’s previous practice became the local office of Holland & Knight.
During that time, Legler said he’s learned to avoid litigation when possible. He keeps out of the courtroom, he said, until all other means have been exhausted. He and Sleiman haven’t reached that point yet in their negotiations with the City, but Legler said litigation remains an option if a settlement can’t be reached.
The dispute stems from the City’s default on a contractual promise to provide parking to Sleiman’s Downtown mall. Without parking, the Landing can’t bring in the kind of stores or customers that management wants.
A year after Sleiman bought the Landing in 2003, parking negotiations morphed into an ill-fated land deal. Sleiman and Legler thought they were close to a settlement that would have let the Landing provide its own parking in exchange for the land under the Landing.
But after months of expensive negotiations, Mayor John Peyton pulled the plug on those talks. Ron Barton, the executive director of the Jacksonville Economic Development Commission, took a larger role for the City. Peyton took the land off the table and Barton offered a solution to the parking problems, a solution that includes forcing Humana to make good on a long-promised parking garage across from the Landing.
The City thinks the proposed deal settles the issue. Barton called it “a conversation starter and a conversation ender.” Legler thinks there’s more to talk about.
Legler doesn’t describe himself as a cutthroat negotiator. He says he’s based his business on finding solutions that send all parties away happy.
“Deals only work when they’re good for everybody,” said Legler. “There are times when you can take advantage of somebody at the negotiating table, but that deal is going to blow up later because it’s unfair.”
Legler has certainly been able to keep his clients happy. He’s worked with the Sleiman family for more than 20 years, starting out with Sleiman’s father. Kirschner & Legler keeps their client list short, about 10 names in all.
Keeping personal client relationships was a goal when the pair joined forces. Legler described their practice as “outside in-house counsel.”
Legler offers clients a blend of transactional law and business expertise that allows him to quickly frame important issues for his clients. That enables Legler to focus his energy on the priority issues.
Large firms or in-house counsel, in contrast, often throw manpower (and billable hours) at a problem framing every issue. Those firms use a machine gun approach while Kirschner & Legler favor the sniper rifle. The result for Legler’s clients is cheaper and more effective counsel.
But Legler hopes he can keep the sniper rifle shuttered as his negotiations with the City proceed.
“Think of the cost of dropping a bomb,” he said. “I can’t think of a more expensive way to settle a dispute than battle. Nobody wins with that. I still hold out hope for a win-win resolution where the Landing fits in as an integral part of the mayor’s plans for Downtown.”