Art Tarlow

Art Tarlow was murdered in the Dominican Republic on June 10, 2010. Art Tarlow was born in Portland, Oregon on March 15, 1942. 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 was a life-long athlete. He played basketball for Grant High School in Portland where he was named to the All City Team. His passion continued into college where he was a starting guard for Whitman College. Art was also one of the first season ticket holders for the Portland Trail Blazers. Later he became an avid runner and bike enthusiast. He traveled the country participating in many marathons and bicycling events, his favorites being the Hood-to-Coast Relay and the New York City Marathon.

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. 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:

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. He would always say “the law is well settled in our practice areas” (unless you had to deal with the issue of entitlement to a jury trial and splitting verdicts in a construction lien and breach of contract case). “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.

Marketing the Firm

Art consistently scoffed at the traditional lawyer advertisements touting the law schools attended by the lawyers and their accomplishments within the bar association. He would rail: “Everyone went to law school, and anyone can serve on a bar committee! Tell me something about you that shows me you are qualified to handle this dispute!” So when we designed and implemented our firm’s marketing plan, Art forced us to think outside of the box. The results were several markedly different marketing pieces that were fun to put together and send out to the community.

Here is a piece that was submitted to our lender’s monthly newsletter four months after we started the firm:

“Art Tarlow, Steve Naito and Brent Summers joined together in August of 2001 to form Tarlow Naito & Summers. The firm focuses on construction, real estate, bankruptcy and creditor’s rights, business and complex litigation. Our business model is to provide timely and cost-effective solutions to our clients needs, whether it’s the resolution of a business dispute or the closing of a real estate transaction.

From this early “scorecard” we grew the idea of sending a Happy New Year’s card with the scorecard listing all of the firm’s accomplishments from the prior year. Art thought sending out a pre-printed Holiday card or New Year’s card with holiday greetings and best wishes was a huge waste of time and money, and a blown opportunity to set your firm apart by sending an out-of-the-box piece instead.

We also had a lot of fun with our general marketing pieces, such as the Lords of Law / When the Barbarians are at the Gate / U.S. Supreme Court / Motorcycle poster and our “Re-Signed” postcard announcing that the firm had signed Art Tarlow (in his Grant High basketball uniform) to a multi-year contract that would ensure he completed his career with the firm.

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.”