Philip R. Diamond
Of Counsel, Real Estate Disputes and Transactions at CunninghamLegal
Attorney Philip R. Diamond has over four decades of experience in many areas of law, but for the past 20 years, he has focused his practice on Real Estate-related disputes and transactions. He works with CunninghamLegal Of Counsel, and came to us with the team from Lerman Law Partners LLP.
Distinguished Education & Career
Phil earned his J.D. from the University of California at Berkeley, Boalt Hall School of Law, where he received the American Jurisprudence Award and was an editor of the California Law Review. He also earned his A.B. from U.C. Berkeley, where he graduated with Great Distinction and was a member of the prestigious Phi Beta Kappa fraternity.
Throughout his career, Phil has held numerous positions of leadership within the legal community. He served as Director for the Marin County Bar Association from 2005 to 2008 and from 2009 to 2012, as well as Chair of the Alternative Dispute Resolution Section from 2011 to 2012. He joined Lerman Law Partners, LLP in 2004 (as Of Counsel). Since he first started practicing, Phil has received the prestigious AV® Preeminent™ 5 out of 5 rating by Martindale-Hubbell (the highest possible rating for ethics and excellence by his peers).
He is a member of the American Bar Association, the California State Bar Association, and the Marin County Bar Association; and was a founding and name partner in two San Francisco Financial District law firms.
Works With a Broad Range of Real Estate Issues
“One of my most important areas of work is the resolution of commercial and residential real estate disputes,” notes Phil. “The chance of friction and litigation in real estate is especially high, and I’ve worked with the full range of disputes, from co-owners to partners to neighbors to commercial landlords and tenants, and more.”
He mentions just a few common situations:
“Often, people will buy a home to live in together, but later they break up and can’t agree on their respective rights and responsibilities. Real estate partners and investors will get into arguments over the management or sale of investment properties—or the distribution of income. The purchaser of a residential or commercial property may claim that material facts or defects were not disclosed prior to purchase. Neighbors get into disputes about boundaries, easements, retaining walls, blocked views, and nuisances of all kinds. And of course, people often have disputes with insurance companies.
“Real estate construction is a highly complex undertaking among multiple parties that can often lead to serious disputes—on everything from delivery dates to costs and unfulfilled contracts. And then there are disputes over broker duties and commissions, commercial leases, and other agreements. The list goes on…and I’ve worked in all of these situations.”
Phil also assists buyers or sellers in reviewing or preparing disclosures in real estate transactions, completing residential for-sale-by-owner transactions, dealing with mold claims and remediation—and drawing on his own experience as an investor and developer, he provides general advice regarding the purchase and sale of multifamily properties, from due diligence to contract negotiations, and more.
A Passion for Helping People
Phil is a licensed California Real Estate Broker (BRE Broker License No. 01968370), and also works as a skilled and highly respected mediator and arbitrator through his independent practice, Diamond Dispute Resolution.
This seasoned attorney’s passion for the law and helping people is clear: “I am honored to have spent over 40 years working with clients to help them resolve their legal disputes,” says Phil. “My goal is to provide every client with the highest level of personalized attention and to help them achieve the best possible outcome.”
Family Traditions: Cal & Music
Phil grew up in Los Angeles, then followed in his father’s footsteps by not only attending Cal Berkeley as an undergrad, but playing in the University of California Marching Band 35 years after his dad did.
“After my first year at Cal,” he says, “I woke up one morning rooting for the Giants and 49ers instead of the Dodgers and the Rams—and I knew the cord was cut.” Phil has lived in the Bay Area ever since, and for the last 20+ years in Marin County. He and his wife, Susan, have a grown daughter living in Barcelona, where they visit frequently.
Music has always been a big part of Phil’s life. He plays guitar, piano, and flute, and has performed with rock-and-roll bands, folk groups, orchestras, concert bands, marching bands, and cocktail trios. Lately, he’s concentrated on jazz flute, and his quartet, Diamond Jazz, had a regular Sunday brunch gig at Fenix restaurant/nightclub in San Rafael for many years, until Covid came along.
Phil also loves to play an occasional round of golf. “It’s a great way to get some fresh air, spend time with friends, meet new ones, walk five or six miles…and now and then hit a good shot that keeps me hooked on the game.”
Contact Us Today
Philip R. Diamond and our full team of attorneys can help you with Real Estate Transactions & Dispute Resolution, along with Estate, Trust, and Tax Planning from any of our offices throughout Northern and Southern California. We offer in-person, phone, and Zoom appointments. Request an appointment online or call (866) 988-3956.
At CunninghamLegal, we guide savvy, caring families in the protection and transfer of multi-generational wealth.
