David Suchar Hosts Latest Episode of American Bar Association's Podcast "Construction Law Today" Featuring Arlan Lewis

In the most recent “Construction Law Today” podcast, David Suchar hosts Arlan Lewis, an accomplished construction lawyer and partner at Blueprint Construction Counsel in Birmingham, Alabama. Arlan recently served as chair of the ABA Forum on Construction Law and was elected this year as a Fellow of the American College of Construction Lawyers.

Throughout the podcast, David and Arlan discuss the Forum and the pivotal role the organization has played in Arlan's career.

Listen to this episode below.

David began hosting the ABA’s “Construction Law Today” podcast in 2022. Additional podcast episodes can be found here.

INTERVIEW TRANSCRIPT

Announcer
This is Construction Law Today, the podcast of the American Bar Association's Forum on Construction Law. Construction Law Today is a podcast about current topics in American construction law. Your host for Construction Law Today is David Suchar.

David Suchar
Our podcast, Construction Law Today, began in July 2019 and is now in its third season. In our first two seasons, my good friend Buzz Tarlow produced 25 episodes on a variety of timely and interesting topics in the field of construction law. In our upcoming season, I expect to produce similar podcasts at the rate of about one new podcast per month. As always, I welcome your questions and comments. Please let us know what we can do to improve the podcast. The contact information for Construction Law Today is found at the end of this podcast. On behalf of the American Bar Association's Forum on Construction Law, thanks for listening.

Welcome to the podcast. Our guest for this podcast is Arlan Lewis. Arlan is a partner and construction lawyer at Blueprint Construction Counsel based in Birmingham, Alabama.

Arlan recently served as chair of the ABA Forum on Construction Law. We spoke together at the 2024 Forum Fall Meeting in Pittsburgh about Arlan's journey in the Forum and what the organization has meant to his great career. Arlan, thank you for joining us today.

Arlan Lewis
Glad to be here. Thank you, David.

David Suchar
So, Arlan, tell us about how you first became involved in the Forum.

Arlan Lewis
I first got involved in the Forum because I was at a big firm. I worked with Bradley for a number of years. That's where I started my construction law career. And the Forum on Construction Law was one of the first organizations that was recommended to me by the senior partners that I should join and be involved in. I believe my first Forum meeting, sort of Forum interaction, was the regional Sticks and Bricks program. Don't ask me what year that was, but it was eons ago and at the time I had been to one or two other construction law seminars put on by some other organizations, and when I saw Sticks and Bricks, it just became apparent to me that the Forum was the right place for me to sort of gain this education.

And the more I went to Forum events, it sort of solidified my thought that, OK, this is the kind of information that I need as a young lawyer and the quality was first class. So that sort of sold me on the Forum for the value that it provided from an educational standpoint.

David Suchar
What is it about the Forum that kept you coming back from your first few meetings to all the way going through as you became a leader in the organization?

Arlan Lewis
Well, initially it really was about the content. As most busy young associates, particularly in large law firms, you're trying to figure out your place in the world. You're trying to learn how to be a lawyer, learn how to be a construction law firm. Learn construction. So, I didn't focus so much on the interpersonal connections at that time. And for many years, I came to the Forum, spent my break time in my room working, spent my evenings in my room working, because that was really the focus. So, I really didn't branch out and get a chance to meet a lot of people. That was a big mistake. I wish I had started forming those social connections earlier, but you don't know what you don't know.

So as time went on and I started to meet more people and get to know them, then it became about people. I was excited to come back to the Forum meeting, not only for the content, but because I enjoyed the people that I met and the connections that I made. And then the next step is from sort of getting to see those people again to getting to work with those people on Forum projects. That's where the bonding really happens. When you're in the trenches working with someone, you don't want to let them down because that's your friend. And so, you get in the boat, and you row the same direction.

And once you get started, once you volunteer for something and do a decent job at it, you get more opportunities as more people get to know you, as the leadership gets to know you. Opportunities present themselves, particularly through your division involvement.

David Suchar
Tell us about your path to becoming chair of the Forum, from involvement in a division to the other things that you've done.

Arlan Lewis
The first national meeting that I attended, I remember very distinctly. Ava Abramowitz introduced herself to me, and in talking to me, found out that my background was in architecture. And immediately she said, OK, come with me. You're going to Division 3, which is the design division. And being obedient to Ava, as most people are when she asks you to do something. I went to a Division 3 meeting, and of course, there's lots of design, and so that's where I got to know some people. But at that time, again, I was a young lawyer, so I really didn't get involved in Division 3. And additionally, my construction practice was one where I represented entities except architects and engineers. But I joined several divisions. You're allowed to join as many divisions as you want, the four. So, I joined several.

And I would see the emails and meet different people from divisions while I was here. Ultimately, I decided to get involved in Division 4, which is project delivery systems and construction technology. And that's really where I sort of started my Forum leadership journey, for lack of a better term. I started by going to the meetings, the lunch presentations, and then I was put on the working committee, started to accept some assignments and dealing with Division 4 from the working committee. Eventually, I made it to the steering committee. And one of the ways that I got involved in Division 4, outside of just doing the work, was the person who had planned the dinners was formerly the chair. I think it was Tom Rosenberg at that time. So, Tom was very social. He knows everybody. He loves to plan these great dinners.

His successor was not so much interested in that. He had lots of other things that he did. And so, I stepped up and said, well, I'll plan the Division 4 dinners. In doing that, I got a chance to know more of the Division 4 members, got a chance to interact with leadership more. So, I was on the steering committee for a while and then was selected to be chair of Division 4. After serving my time as chair of Division 4, I submitted my application for the governing committee and was fortunately chosen for that. After two years governing committee, I was asked to chair the division chairs division. It's a lot of repetitive words, but I was chair of the division chairs. And so, I did that for two, three, four years, something like that. Time all melds together.

And after that, after some cajoling and some serious thought about the time commitment involved, I decided to put my name in the hat for chair and was fortunately selected for that.

David Suchar
We were all lucky to have you as chair of the organization. Tell me from the roles you had in the organization before you were chair, what was your favorite? What was the most memorable?

Arlan Lewis
The most memorable, aside from being chair, would be chair of division chairs. That was one. It was a lot of fun. I knew a lot about Division 4, but when you're chair of chairs, you get to know the division leaders intimately and you get to understand that different divisions have different personalities, different challenges, different strengths. And they really are. I mean, it's amazing how different they can be, but they're all very valuable to the Forum. I really enjoyed that interaction. And in that role, I got a chance to deal with the staff a lot more.

Because you're trying to coordinate and make sure that the divisions, with all of their different ideas and different personalities, don't inadvertently violate some ABA regulations or get too far off the rails or find themselves going in a different direction than the Forum leadership is trying to take the entire organization. I really enjoyed that role.

David Suchar
Throughout your very active involvement in the organization over the last decade or more, how would you say your involvement in the Forum has impacted your career?

Arlan Lewis
It has probably been the most impactful thing in my career, aside from obviously servicing clients on a regular basis. And I say that for a couple of reasons. One, the network is invaluable. Even before you're in a leadership position, occasionally you get an email from someone that says, hey, I need a construction lawyer in Alaska. And for me to be able to respond and say, oh, you should check with so-and-so, they're in Alaska, that literally came up. And one that sends a signal to your firm that there is value here. Because when you have a personal relationship and you can refer someone personally, it means a little bit more than just doing an internet search and sort of randomly selecting somebody who says they have construction experience. So that's one way, the network.

The network has also led to, over the years, referrals. Whether it's because people have an issue in Alabama, where I am, or they have a client that's doing work there and they need some help, I've been happy to help when I can, and it means something for them to make that referral. Likewise, if they are conflicted out on something. I've gotten those calls too. Recently I was having a conversation with somebody and I said, just about every matter that I'm dealing with on my desk right now has some connection to the Forum. Some have come directly from Forum referrals. Others, people who used to be involved in the Forum have moved on to whatever, and something comes up and they say, oh, yeah, I remember I knew a construction lawyer in Alabama, and he seemed like a pretty decent guy.

So it has really been valuable in that way. Finally, and perhaps most importantly, is the relationships that I've developed with people. Some of my best friends are Forum regulars, and there are people that I met in, you know, either speaking or whatever role. We've had a chance to work together, and it really cements that bond. So, I look forward to coming to the Forum meetings, not just for the CLE, but really to connect with colleagues. You can talk shop, but you also just develop friendships. And I say that I could probably go anywhere in the country and there's somebody I could call for, at the very least, dinner recommendations. And in most cases, not only am I calling for a dinner recommendation, they're like, oh, we're going to have dinner. I'm going to take you to dinner. You come out to my house.

I've stayed at the homes of various Forum members when I'm traveling. Every now and then, if I'm traveling to play golf, that's another connection. But it really is beyond just construction law at that point. It's personal.

David Suchar
I've always liked the idea that we have connections that we make here in the organization, and then as you go out and practice, some of those people are involved in the cases you're involved in. Kind of extend those relationships both ways.

Arlan Lewis
It makes a huge difference. When I get a matter, if I've got a Forum lawyer on the other side, it makes a huge difference. The tone of the discussion is completely different. We both obviously zealously represent our client's position, but there's a civility that is, I think, inherent in dealing with someone else that's in the Forum.

David Suchar
I agree.

Arlan Lewis
One, you know that you're going to see them again, and so you don't want to be that guy or that girl.

David Suchar
Right. You know, you'll be talked about.

Arlan Lewis
Exactly. And you have a mutual respect. You know that they know construction law, because I know all of us have at some point dealt with someone on the other side, maybe a very good lawyer. But construction law is not their specialty, and sometimes that can be a bit of a challenge as they climb that learning curve. So, whenever I hear that a Forum lawyer is on the side, it's a little bit of a relief. And I think it's a relief to the client because you express that to the client. Look, I know this person, and it just gives you more credibility. And like I said, the matters seem to go a lot smoother in my experience.

David Suchar
That makes great sense, Arlan. Also, I think having access to an interaction with the mediators and arbitrators that are some of the most important people in the industry through this organization, I found that to be a benefit. I'm guessing you have too, for sure.

Arlan Lewis
I mean, it's very rare that we get a list of panel arbitrators on a national level where, I don't know, out of the 10 that are submitted, I know at least six or seven, primarily through the Forum connection. Same with mediators. We always get asked the question, all right, we need a mediator. They don't have to be local; they don't have to be from a particular state. Who have you dealt with? Who do you know who's recommended? And it's amazing. I know so many of those potential ADR folks, and mostly through the Forum. And then if I don't, if I see some names, it's not unusual to say, hey, have you ever dealt with X or Y? And I can call on certain Forum friends to say, hey, have you dealt with them?

If they're from that state, obviously without revealing any confidences, but it's good to have that resource as well. Likewise, if you get a lawyer on the other side that's from a particular state, pick up the phone, call one of my Forum friends in that state and say, hey, have you ever dealt with this person? And it's amazing the feedback you get, and it's very valuable.

David Suchar
Do you think as you pursued Forum leadership and met more people through the organization that way, these benefits that we're talking about, they were magnified in some way? Did you feel that way?

Arlan Lewis
Absolutely. There's no substitute for a personal connection. At least that's my personal feeling. There's no substitute for having a personal connection. And so, whatever the context, and because of the unique, I call it the Forum special sauce, because of the unique nature of collegiality between all of us at the Forum, it's just, I don't know, civility is the word I keep coming back to. There's a respect and a civility in whatever kind of exchange there is.

David Suchar
People tell me that they've been to other ABA conferences not from the Forum, and they sort of ask me, why are you so involved in the Forum? Right? I had an experience with ABA. It just didn't seem like the thing I want to continue on with. What do you think separates the Construction Forum from other legal organizations, whether ABA or otherwise? What makes this organization special?

Arlan Lewis
I think because of its scope in terms of national and at some levels, international. The world of construction lawyers is pretty small. It's a pretty small pool when you think about millions of lawyers. So, you know that you're going to, or at least you very quickly find out that you're going to run into these people in some way, shape, form, or fashion, whether your practice is local or whether it's national, you find yourself coming across these people. So, you mind your manners, if you will, when you're dealing with them.

The other thing is because of the way the Forum is structured, the goal is for people to get involved, find whatever lane they want to run in. If you like to write, you can write articles, books, et cetera, if you like to speak, there are opportunities for that, but it's an up-and-out model. And so, you don't have leaders that are trying to hang on to their positions for, quite frankly, any longer than they are assigned. Because one of the things that makes the Forum special is the time and energy that every individual puts into whatever that task is, whether it's something as simple as writing an Under Construction article or it's presenting at a lunch presentation, working on a newsletter, preparing for presentation at a national meeting, thinking about the strategic value and direction of the Forum at every level, I have been not only surprised, pleasantly, but actually impressed. The amount of time, energy, and effort that very busy lawyers with very busy practices and very busy personal lives are willing to put into the Forum. And so, I think that's what makes it special.

It shows in the caliber and quality of the content, and I think it shows in those deep relationships because they're built in the trenches and everybody realizes, wait a minute, there's a lot of work that goes into this. So let me put my best foot forward. I think all of that coupled with the up-and-out strategy means that there's opportunity to grow. And I think that newer people to the Forum see that there are genuine opportunities and it's not a situation where, oh my goodness, I've been working at this for 15 years. I've been trying to do everything, but those people at the top just won't let go of the reins, right? No, no. By the time you get done, you're ready to let go of the reins.

David Suchar
So you've done everything in this organization, but there's a bunch of people outside of this room going to a conference that might be their first one or that might be one of their first few in the organization. What advice would you give to people who are starting out their journey on how to succeed?

Arlan Lewis
For starters, sometimes people don't like to wear the first-time attendee badges. But I think because lawyers sometimes just tend not to want to sort of stand out, particularly if it's their first time. I would caution against that. Please wear your first-time attendee badge. It is an invitation for others to come up to you and have a conversation with you, which usually leads to introducing you to other people if they find out what you do. That's really the first step and we try to do a lot. For first-time attendees, there's a special first-time attendee session. So, I really encourage people to do that because we know each other so well. It can be overwhelming to someone who's not already very familiar with the Forum or who comes, and they don't know anybody.

It can look like, oh my goodness, you know, this is a fraternity or it's a clique and everybody knows everybody except I don't know anybody. Wearing that badge, like I said, is an open invitation and I guarantee you many people will come up to you, and they will put their arm around you and say, hey, you're from so-and-so. Oh, well, you should meet so-and-so who's also from your state or, oh, you represent architects and engineers. Well, let me introduce you to so-and-so who does the same kind of work. So, I think that's step one. Make yourself available. And after that, the next step I'd recommend is learn about the various divisions and sign up for as many as interest you.

Yes, you may get several emails, but it allows you to assess what each division is about and figure out where you might like to start dipping your toe in the water and where you might like to start volunteering. But step one, we're not a clique, and we're not very cliquish, and we're very welcoming, and we enjoy welcoming people who are new to the organization. So, despite what it may look like, when you step in and see that everybody knows each other, it's an open invitation.

David Suchar
Arlan, just in closing, anything else that you would like to tell people who are considering joining the organization and participating in it?

Arlan Lewis
One of the things that I love about the Forum is that there's something for everybody. Not only your practices, we've got something specific for your practice. Whatever your personality is, there are others with similar personality traits. And, you know, you sort of find your tribe. I like to say, I, of course, love to play golf. And so really, that was one of the ways that I sort of got a chance to become known to the leaders, because at the time, there was a substantial number of GC members and other Forum leaders that would come in a day early for the conference, and they would have a golf outing, they'd go play golf, and then they'd kick off the regular meeting. So, I just started showing up a day early, got myself invited to go play golf.

And even though it was like, oh, my goodness, these are the GC members or what have you, they were as welcoming as could be. And that's how I got to know a lot of them. And as they got to know me and as opportunities for participation came up, they were able to say, Arlan, what would you think about doing this? Or you should do this, you should volunteer to do this or that. So that's one way. There are so many ways to get involved, and there's something for everybody. It's odd that an organization could be that, we'll never be all things to all people, but there's enough variety that I think you can find your tribe within the Forum.

David Suchar
I agree with that. Arlan, thank you so much for joining us today for this interview.

Arlan Lewis
It's been my pleasure. Thank you, David.

Announcer
You have been listening to Construction Law Today, the podcast of the American Bar Association's Forum on Construction Law. All rights relating to this podcast are owned and controlled by the American Bar Association. No reproduction or reuse of this podcast is permissible without the express written consent of the American Bar Association. For more information about Construction Law Today, or if you have any questions or comments, you may contact our host, David Suchar at David.Suchar@maslon.com Our podcast is produced with the assistance of Peak Recording Studios in Bozeman, Montana. Thank you for listening and look for our next edition of Construction Law Today.