JUST AN OLD ICE CREAM MAN 
Thursday, June 18, 2009, 03:27 PM
Posted by Administrator
A client told me today that the other party in the case had told her "Your lawyer is just an old car salesman." On behalf of car salesmen everywhere, I have to take exception to this. I only sold cars for about a year and a half. I really got my start in sales as an Ice Cream Man.

So, from here on out, I would like to be known as: JUST AN OLD ICE CREAM MAN.

And, while I learned a lot selling cars (especially things about dealing with people and sizing them up quickly...you never knew who the next customer would be at Volkswagen of Bayside), I got one of my first lessons in law at the wheel of the ice cream truck.

Before signing on as an Eskimo Pie man back in or around 1974...and paying for the inventory of ice cream and the rental on the truck...and choosing my ice cream route (Hempstead, New York on an island called "Long" which is slightly off the coast of New York near Manhattan Island)...I first had to spend an afternoon with an established Eskimo Pie man.

As an established Eskimo Pie man, the fellow I went out with sold hot dogs and soda as well as Eskimo Pie ice cream. I would be limited to ice cream and soda. This is what he told me: "Don't ever give the customer the ice cream until they have given you the money."

I thought this was kind of rude.

On my first day on the job, I was parked near Hempstead High School. My first sale was about to happen. A teenage girl walked up and asked for a Dr. Pepper. I handed her a can. She walked away without paying. I yelled at her and told her to pay. She didn't.

So, I drove after her in the ice cream turck, across a road construction site, down an alley. I cornered her and told her to pay me. She said she didn't have any money. I said "Then, give me back the soda." She said "I already opened it." I told her I didn't care. She gave the soda back.

Not being someone who learns lessons quickly, I continued to hand people the soda or ice cream...expecting that they would pay me once they had the item in their hand. And, for the four or five months I worked at ice cream sales, everybody did. Except for the first customer and the Dr. Pepper, everybody paid.

A large part of what lawyers do....especially lawyers who do transactions (buying and selling, for example, real estate and businesses)...is to make sure that the girl doesn't get the Dr. Pepper until the ice cream man gets his 75 cents. Litigation lawyers do it too.

For example, I sent the other lawyer a check for the remainder of his client's security deposit (after a deduction for damages and my fees) and I sent him my clients' written Release of his clients...and he had to hold the check and in his Trust Account and keep the Release in his file.

He sent me the garage door openers and his clients' written Release of my clients. When I get them, I let him know that he can go ahead and give his client the Release and the money.

He is the escrow agent. ...the middle man...the facilitator...the reminder that for as much people claim they don't trust lawyers, really, they do trust lawyers... because lawyers, generally, are trustworthy and because we make a lot of deals happen that wouldn't happen without us. So, go beat up your veteranarian or your dentist and leave us alone.

And, escrow agents are necessary when two sides to a transaction don't completely trust each other. People on opposite sides of law suits frequently don't trust each other.

In an injury case, I have to hold onto my client's settlement money until I send the other side my client's Release of their client (or, if I am dealing with an insurance company, their insured).

For a real estate transaction attorney, this means he or she holds the purchase money and the deeds and, when he or she has both, the deeds go to the buyer and the money goes to the seller. This way, the seller doesn't have to worry about giving the deeds to the buyer and not getting paid and the buyer doesn't have to worry about paying and not getting a deed.

If I give my client the settlement money without send out the Release...if the real estate lawyer gives out the purchase money without recording a deed to the buyer........and putting aside the fact that to do these things could, in some circumstances, be a crime..........at least the lawyer will get reported to the Florida Bar and (should) have his or her ticket pulled.

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