Art Tarlow

Art Tarlow was born in Portland, Oregon on March 15, 1942. Art passed away on June 10, 2010.  He was 68 years old when he died, full of the vigor and passion that defined him.

BRIEF BIOGRAPHY

For more than 43 years, Art Tarlow was a formidable and highly successful transaction and trial lawyer. Art’s litigation practice included real estate construction, minority shareholder litigation, and commercial and business disputes of all types. Art advised clients in preparing and negotiating contracts and in resolving construction industry disputes. Representing owners, general contractors, specialty subcontractors, design professionals, and product suppliers throughout the country, Art’s practice included commercial, industrial, and heavy construction.

Art finished his undergraduate degree at the University of Oregon and graduated from the UO Law School and became a member of the Oregon State Bar in 1966. Art served in the Army in Viet Nam and Europe. Upon his return to Portland, he was a deputy district attorney for Multnomah County under George Van Hoomisen. Art entered civil law practice in Beaverton in 1970 and practiced with several successful law partnerships. In 2001, he formed Tarlow Naito & Summers, LLP with Steve Naito and Brent Summers. When he died, Art was a member of the Oregon and Washington Bars, and he had tried or settled cases in Alaska, Arizona, California, Colorado, Delaware, Hawaii, Idaho, Illinois, Michigan, Nevada, New Mexico, New York, North Dakota, South Dakota and Texas.

DON’T ASK FOR MY HOURLY RATE . . . .

Art bristled at the concept that good lawyers were commodities, because he worked so very hard to set himself apart from the rest. Indeed, his favorite thing to say to a potential client that asked “what is your hourly rate,” was “you have asked me the wrong question—do not ask for my hourly rate, ask me how much I can get done in an hour.”

THE USE OF EXPERTS

Art also embraced the saying that: “The smartest people are those who know what they don’t know.” He vigilantly learned the factual, industry, and trade terms that related to the subject matter of his cases. He sought the advice and testimony of experts in the thousands of construction, business and real estate disputes that he handled for hundreds of clients over his career.

BUSINESS APPROACH TO LAW PRACTICE

Art would say and live the following: “You must always bring a sense of urgency to every matter. Nothing is done until it is done. And litigation choices, like any other business choices, are decisions to be made based on the anticipated costs and the likely return on investment.” Art brought his substantial learning from the business world to everything he did in law practice.

MEDIATION, ARBITRATION AND LITIGATION

Art would try mightily to resolve disputes by settlement negotiations or mediation, often early on in the matter. It is no accident that Art’s favorite marketing phrase was just one word—“Results.” He was a pioneer in the use of mediation in business and construction cases to settle complex multi-party disputes. If the dispute did not settle, however, Art turned into a ferocious give-no-quarter trial lawyer who embodied the term “zealous advocate.” He often said: “There is a time to settle, and you must give it your best shot. If settlement fails, however, it is time to fight, and when it is time to fight, you must fight your hardest.” He then said there were three ways to win a trial: “Preparation, preparation, preparation.”

The facts of any dispute or business problem were always paramount to Art. “FACTS win cases,” he would always say quite loudly. He would laboriously hunt down and sift through every relevant fact and document that “described, referred or related to” the matter. Then he would break everything down to the lowest common denominator. He would come out of a deposition with a to-do list of things to run down, confirm, or further investigate. When all that work was done, the resolution strategies and the likely outcomes became crystal clear.

HOW TO LIVE

One of Art’s favorite sayings came from a sign he saw on the counter of a pastry shop: “Life is uncertain, eat dessert first.”

The purpose of including Art’s life philosophy and precepts on providing legal services is that we still adhere to these principles in all of our work.    We know that clients seeking legal services have many options in the market place and that they are looking to get results for their investment.  Thus we continually strive to provide services with a sense of urgency, a focus on efficiency and putting together the right team to get the job done.   We are always working to determine the facts of any dispute or transaction in order to push the matter to resolution, whether settlement or trial.

TESTIMONIALS

At the end, many of Art’s clients and the experts he employed also called him “friend.” Here is piece from a Dick Wilch, a friend and client of Art’s:

“Art Tarlow and I first met on a Little League baseball field somewhere in Washington County. On the occasional afternoon after that, one or both of us would show up with a bag of soggy baseballs and hit fly balls and grounders to enthusiastic adolescents. That was the start of a thirty plus years of friendship that continues even to this day.

Not long after Art and I met, I decided to take my first shot at being the entrepreneur. I only knew one attorney in Beaverton, and Art very methodically walked me through the process of starting a business, including introducing me to key resources (accountant, banker, etc.) that I would need over time. I may not have followed all of Art’s advice to the letter, got a bit big for my britches, and the business failed after a few years. Art Tarlow was there to guide me through the process of winding my company down, and did so without criticism. He knew that I knew that I had failed myself, and him. No need to say it.

Good fortune smiled on me over the following years and I became a subsidiary CEO for a Portland based company. When I was told that my company was to be sold, and I was tasked with selling it, I once again went to Art for advice. I whined a little about losing my good position through the sale of the company and Art came back with a typical Tarlow response. “Then you buy it.” Having solid offers in hand, and a reasonable understanding of my personal financial situation, I scoffed at the idea. Less than six months later Art had directed me through an equity buyout and the company had been purchased.

Art was more than a friend to me. He was a mentor, a coach, and an advocate. If Art Tarlow believed in you, you better believe in yourself because his trust was not misplaced. I truly miss the dinners and sessions when we could brainstorm and challenge each other, and conquer our problems.

As I said, the friendship with Art Tarlow continues to this very day. We may have lost Art in 2010, but he is still here.   Brent Summers and Steve Naito and TNS have continued to represent me and I see Art’s influence and philosophy in their work.  For me, I barely have to close my eyes to see him put his feet on my desk, clear his throat four or five times, and listen to him tell me how it is. Man, I miss those discussions! Thanks for all you did for me, all the wisdom shared, the challenges you gave, and above all the support. Gracias, mi amigo.”