Attorney Journal, Volume 104, San Diego Edition

Attorney Journal | Volume 104, 2012

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The Gomez Law Firm is a nationally recognized trial firm.

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Peterson Reporting knows transcript security.

Reporting Videography Trial Presentation Secure and Encrypted Services Free Conference Rooms LiveStreaming Services Video Conferencing Services Global Reach Complex Cases Accurate, Fast

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Attorney Journal | Volume 104, 2012

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TABLE OF CONTENTS features

2 0 1 2 E D I T I O N — N O .104

4 TEN WAYS TO MULTI-TASK SOCIAL MEDIA MARKETING

MARGARET GRISDELA

8 PROFESSIONAL PROFILE OF THE MONTH ANDREWS • LAGASSE • BRANCH & BELL

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14 COMMUNITY newsn

16 LAW FIRM OF THE MONTH

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WINGERT GREBING

26 MEDIATION FIRM OF THE MONTH ADR SERVICES

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28 PROFESSIONAL PROFILE OF THE MONTH MICHAEL PANCER

32 LEGAL STAFFING FIRM OF THE MONTH

DAVIDSON STAFFING

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38 DOG BITES RON BERMAN

CREATIVE DIRECTOR Julianne Gleaton CIRCULATION Angela Watson PHOTOGRAPHY Bronson Pate Vinit Satyavrata

CONTRIBUTING EDITORIALISTS Ron Berman Steven Driss Margaret Grisdela WEBMASTER S. Chorng

32 Editorial material appears in Attorney Journal as an informational service for readers. Article contents are the opinions of the authors and not necessarily those of Attorney Journal.

Attorney Journal makes every effort to publish credible, responsible advertisements. Inclusion of product advertisements or announcements does not imply endorsement.

Attorney Journal is a trademark of Sticky Media, LLC. Not affiliated with any other trade publication or association. Copyright 2012 by Sticky Media, LLC. All rights reserved. Contents may not be reproduced without written permission from Sticky Media, LLC. Printed in the USA

EDITOR Nancy Deyo

STAFF WRITERS Jennifer Hadley Bridget Brookman

30 A PARTNER’S DISABILITY STEVEN DRISS

EXECUTIVE PUBLISHER Brian Topor

ADVERTISING INQUIRIES info@AttorneyJournal.us EDITORIAL INQUIRIES Editorial@AttorneyJournal.us OFFICE 10601-G Tierrasanta Blvd., Suite 131 San Diego, CA 92124 P 858.505.0314 • F 858.524.5808 www.AttorneyJournal.us ADDRESS CHANGES Address corrections can be made via fax, email or postal mail.

Bill Gates

predicted that

“content

is king” in

1996,

foreseeing a future in which companies of all sizes could use the Internet to distribute information or entertainment.

Fast forward 16 years, and content remains king in the Internet realm. While the revenue model of content as a business continues to be challenging, savvy legal marketers are using social media marketing and other forms of online publishing as a way to attract and retain clients.

This

article will demonstrate how time-strapped law firms

can increase their ratio of visibility to effort when it comes to successful Internet marketing campaigns.

Let’s start by examining three major elements that form the basis for social media success: 1. SEO-friendly copy containing the best keywords. When you write for the Internet, you really have two audiences. One, of course, is your current or prospective client. Equally important, however, is writing for the search engines. The challenge is to achieve a blend of substantive legal writing that incorporates a suitable selection of relevant keywords.

Ten Ways to Multi-Task Social Media Marketing

by margaret grisdela

Margaret Grisdela is president of Legal Expert Connections, a national legal marketing agency, and author of the legal marketing book Courting Your Clients. She acts as an outsourced legal marketing director with a concentration in insurance defense, personal injury, and social media marketing. She welcomes your comments or questions at 561-266-1030 or via email at mg@legalexpertconnections.com.

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Attorney Journal | Volume 104, 2012

2. Topic selection. The more you can educate your audience on legal topics, the less you will need to “sell” your law firm’s services. Over time, you will build a reputation through writing and speaking that will naturally attract clients to you.

3. Widespread social networking distribution. Social media makes it easy for you to write once and publish your work through multiple outlets, as outlined below.

When you blend all three of these success factors, your law firm can become a social media marketing powerhouse.

If you have any type of online marketing campaign currently in place, you probably understand that it is easy to launch a social media campaign but difficult to maintain momentum.

The secret to multi-tasking your social media marketing campaign is to write one substantive article and publish it, with slight variations, through multiple marketing channels.

In the battle between quality and quantity, your clients are likely to vote for quality. Google also favors high quality published material. Offering substantive material that educates your client about important legal issues will help to position you as an expert in your field.

Whether you choose to publish material on a weekly, monthly or quarterly schedule, the social media publishing strategies outlined below will enable you to leverage your work in a way that makes a big impression.

1. Start by publishing on your blog or website. This is your basic building block for all social media marketing. Once you have your article published online, you can use the link and any associated images to other outlets.

2. Post to LinkedIn, Facebook and Twitter. Expand the reach of your blog post by publishing the link with a comment on all of your social media outlets. Consider the use of a service like HootSuite.com to automate your publishing efforts.

3. Distribute as a client newsletter. Your published article can serve as the focus for a print or e-newsletter distributed to your clients and prospects. Email service providers like Constant Contact, Vertical Response and others make it easy and affordable to implement an email marketing campaign. (Be aware of the CAN-SPAM Act if your marketing extends beyond your permissioned client base.)

4. Publish as an article. Contact editors of legal or industry publications to get your topic in print. Publishers are always looking for high quality articles on current news topics.

5. Get a speaking engagement. Offer to speak at an upcoming group meeting on your topic. Reach out to the program chairperson of organizations where you are a member, including professional groups, civic organizations, and bar associations.

Give them a copy of your article, and let them know that you are available to speak.

6. Produce as a Q&A sheet. Pretend you are being interviewed, and create a one-page sheet with key questions, answers, and your photo. Post this to your web site, and you might attract the attention of reporters who want to use you as a source.

7. Issue as a news release. There are many free or low cost Internet news services available. Issuing a press release once a month can help drive traffic to your web site.

8. Conduct a webinar. This works particularly well if your audience is widespread. Promote your webinar through LinkedIn (you can also create an “event” record on LinkedIn), email, and on your web site’s News page. Check with your membership organizations to see if they might want to sponsor your webinar, which will help to build your audience when they promote the event.

9. Create a video for YouTube. Grab your digital camera, an assistant, and record a 1-2 minute clip on your topic. Create a channel on YouTube for your video collection, and then use this as a base to promote your videos through your web site, LinkedIn, Twitter, and other outlets.

10. Start a LinkedIn Discussion. Use your blog post link to generate interest in a LinkedIn group. If this makes you nervous, you may want to monitor targeted groups for a few days to see what kind of material other participants are posting.

GET ON A SCHEDULE WITH AN EDITORIAL CALENDAR Creating a 12-month editorial calendar provides a strategic framework for your social media marketing efforts. Let’s say you have a full-service law firm, encompassing many different practice areas. Pick one topic for each month.

Topics for the first three months of a quarter could be: 1) business law; 2) real estate; and 3) intellectual property.

Next, break each monthly topic down into four weekly supporting articles. For example, business law topics could be: a) forms of incorporation; b) partnership agreements; c) employment agreements; and d) joint ventures. Select the timeline and schedule that works best for you. Now that you have your calendar, you can start to write your articles in advance.

Of course, the schedule can be reconfigured or supplemented as needed to reflect breaking news.

HOW TO OVERCOME WRITER’S BLOCK Finding the right topic to write about in social media marketing campaigns is a question that frequently arises. Here are two easy ways to supplement your editorial calendar and start writing.

First, pick topics that are in the news to avoid rehashing old material. The law is perfect for this, since new laws and court cases provide a steady stream of topic ideas. For example, according to MSNBC, almost 40,000 new state laws became effective on January 1, 2012 alone.

Second, you can write about the legal topics that form the basis for your law firm’s services. Think of the questions that you are frequently asked by both current and new clients. Examples include, “how to apply for a green card,” “what to do if you are in a car accident,” or “how to protect your business from trade secret theft.”

GOOGLE REWARDS FRESH CONTENT Have you noticed how fast Google can find fresh content? If you use Google Alerts, you probably know that it is literally only a matter of hours (minutes in some cases) before you receive notifications of new material featuring your specified keywords.

Continuous improvements in search engine optimization are obvious in the 40 search changes that Google announced in February 2012. Here are some of the tweaks, big and small, that are relevant to law firms that are dependent on website traffic for lead generation. Keep these points in mind as you plan and implement the social media marketing strategies outlined above.

Local search. Ranking improvements are being used to refine local search results. Translate this in part to mean an increasing emphasis on Google Places and associated search capabilities. A new system is now being used to find and display results from a user’s city with greater accuracy. For example, Google can now determine when both queries and documents are local to the user.

Attorney Journal | Volume 104, 2012

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YouTube results are more localized. The ranking for predictions in YouTube are enhanced to present the user with geographically relevant data. At a high level, this translates into country relevance. Law firms using a video channel on YouTube will want to make sure and optimize video clips for geographic terms as well as practice areas.

Fresher images. Google now finds new images more quickly, reinforcing the need to continually refresh the content on your website. Attorney photos, community events, and practicerelated images should all be evaluated.

Fresher content. Web sites featuring frequent content updates gain favor with Google. Law firms that are on a monthly update schedule (or worse) will find themselves left in the dust of daily dispatches being pumped out by some firms. Stay substantive, of course.

DON’T FORGET YOUR SOCIAL MEDIA MANAGER A key factor in social media success is to put someone in charge of your campaign. Lawyers should be practicing law, so

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Attorney Journal | Volume 104, 2012

even the best laid plans for an attorney to manage the Internet marketing will quickly fall to the wayside in the face of court and client demands.

If your Office Administrator does not have a few hours available each week to take on social media tasks, consider hiring outside resources to help you implement and maintain an engaging news stream featuring your law firm.

MONITOR SOCIAL MEDIA FEEDBACK Social media is interactive, meaning that prospects and followers will comment on your posts and otherwise interact with your material. Prompt responses will make a favorable impression on your audience.

NEVER STOP MARKETING! Marketing is a process and not an event. Stopping your marketing program when you get busy is one of the worst mistakes your law firm can make. Keep your pipeline of prospects full for best results. n

Attorney Journal | Volume 104, 2012

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JOURNAL

FEATURED BOUTIQUE LAWFIRM OF THE MONTH

renaissance 2012

REPRESENTATION Andrews ∙ Lagasse ∙ Branch & Bell LLP finds that healthy balance and happy attorneys equate to victory for clients. by jennifer hadley

“When I walk into work, I immediately get a big smile on my face,” says Margi Bell, Partner with Andrews ∙ Lagasse ∙ Branch & Bell, a San Diego based law firm specializing in employment law, professional liability with an emphasis on design professionals, construction, toxic tort, business and general liability litigation.

The smile is justified for Bell and her partners, Jonathan Andrews, Jennifer Branch, and Traci Lagasse, as the four partners made it a point to ensure that, when they started their own firm in 2007, the environment in which they worked would allow for balance.

Andrews, Lagasse, Branch and Bell were formerly partners at a large San Diego firm, when the idea to start their own firm began to take shape. They all shared the similar desire to “roll up our sleeves and practice law,” says Bell. While she is quick to characterize her time at the large national firm as invaluable in terms of experience she and her partners were looking for a way to utilize their big firm experience to provide a more personal, boutique style experience for clients.

Lagasse seconds Bell’s sentiments, saying, “The four of us have the same fundamental principles. It’s really what makes our firm so unique.” As the only partner in the firm who does not practice employment law, Lagasse, who specializes in professional liability defense, values the diversity in the firm, but also the common values that all partners share.

“The pride I feel when I get to sell my partners’ expertise through cross-marketing is indescribable. I think the world of them. If I had to go back and do it all over a thousand times, I wouldn’t have done it any other way. I would choose these guys every time.”

BIRTH OF A FORWARD THINKING FIRM “Starting our own firm allowed us to create a working environment consistent with our personal and professional expectations. Specifically, it allowed us to be more creative and collaborative in serving clients while allowing us to maintain perspective concerning community and family,” Andrews says.

Indeed, from the get-go, Andrews ∙ Lagasse ∙ Branch & Bell would be vastly different from their former firm, beginning with its composition, as a 100% female and minority owned firm. That fact alone would serve as an asset, as public and private institutions have expressed an increasing desire to work with firms that reflect the diversity of their workforce.

“There aren’t a lot of us out there,” Branch says of being a member of the California Minority Counsel Program, and a member of the National Association of Minority & Women Owned Law Firms.

“The biggest hurdle was the unknown. Law firms are filled with risk-averse people as we all were. Once we overcame that fear and trusted in ourselves and each other, the process quickly revealed JONATHAN ANDREWS itself as rewarding. Also, as a small firm, we had to battle the stereotype of resources and bandwidth. Fortunately, we were able to quickly establish that our resources and capabilities were on par, if not greater than larger firms - and we could make them available to clients for a fraction of the cost,” Andrews continues. Moreover, the new firm fundamentally believed that happy attorneys made for good attorneys, so they set about to cultivate a practice that emphasized the passion the partners feel for practicing law.

“We really like what we do. Our passion for our practice carries

“Also, as a small firm we had to battle the stereotype of resources and bandwidth.

Fortunately, we were able to quickly establish that our resources and capabilities were on par, if not greater than larger firms-and we could make them available to clients for a fraction of the cost,” says Andrews.

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through to deliver the results that our clients are counting on,” Bells adds. Indeed, the practice’s clients, which include public and privately held companies of all sizes, public institutions, insurance companies, nonprofit organizations such as educational institutions, community outreach organizations and health care facilities, as well as restaurants, architects, engineers and other design professionals, real estate professionals, resorts, property owners and management companies, developers, contractors, manufacturers, biotech companies, utilities, financial institutions and law firms, continue to reap the rewards of having a team of lawyers who are admittedly “type-A’s, highly competitive, and “hungry to work really hard,” Lagasse says.

REWARDS BORN FROM RESULTS Andrews ∙ Lagasse ∙ Branch & Bell’s unique structure “enables us to provide the responsive, hands-on legal services available at smaller firms, while providing the resources and expertise available at larger firms, thereby most effectively serving the needs of our valued clients,” says Andrews. The clients certainly appreciate the results of this structure, “which has brought recognition to both the partners and the firm as a whole.”

All four of the founding partners have been voted San Diego Super Lawyers® in 2009, 2010 and 2011. As only the top 5% of San Diego attorneys in their designated areas of practice can

claim this recognition, it’s certainly impressive that all founding members are included. Andrews, Branch and Bell were recognized in the area of Employment and Labor Law, while Traci Lagasse earned her recognition in the area of Professional Liability Defense.

Moreover, the San Diego Daily Transcript has also recognized all four founding partners as San Diego’s peer-selected best and brightest attorneys in their respective practice areas. In 2010, Lagasse, Branch and Bell were also honored with the 2010 “Women Who Mean Business” Executive Team Award. Although many individuals are recognized, only one group is selected for this prestigious team award. Not to be overlooked, in his role as the only male partner, Jonathan Andrews has been the recipient of the award of “40 under 40” from the San Diego Metropolitan Magazine.

This award made him one of only 40 of San Diego’s brightest young business professionals, entrepreneurs and civic leaders, all of whom are under 40 years of age.

NURTURING A NEW GENERATION Coming from a big firm, all TRACI S. LAGASSE founding partners of Andrews ∙ Lagasse ∙ Branch & Bell know just how hard associate attorneys have to work. As part of their commitment to foster an environment where hard work and creativity are rewarded, they don’t just talk the talk; they walk the walk.

“We provide a number of incentives and support mechanisms to encourage professional growth. We want our employees to feel that they have a career rather than just a job. Associate attorneys

“The pride I feel when I get to sell my partners’ expertise through cross-marketing is indescribable. I think the world of them. If I had to go back and do it all over a thousand times, I wouldn’t have done it any other way. I would choose these guys every time.”

Lagasse adds.

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receive spot bonuses when their work product or effort exceeds the firm’s expectations. These bonuses have consisted of get-away weekends, spa days, restaurant gift cards, shopping sprees and cash,” Branch explains. “We’ve all been associates, so we want their experience to be fun, and enlightening,” she adds.

The founding partners also support their associates in their own personal proactive endeavors.

“We encourage them to develop their own strengths,” Bell says.

This extends to charitable work outside of the office, and for their part, the firms founders tend to lead by example. Jonathan Andrews, for example, has volunteered for the Legal Aid Society of San Diego’s Peer Mediation Program. In this capacity, he has handled and/ or supervised litigation and transactional matters on behalf of Legal Aid clients. He is also on the Executive Committee of the Board of Directors of Big Brothers, Big Sisters of San Diego County.

Jennifer Branch volunteers as a judge for the San Diego Teen Court Program, a diversion program that works in association with the Juvenile Court, where first-time juvenile offenders accept responsibility for a crime they have committed and agree to have a binding sentence imposed by a jury of their peers.

All four of the firm’s founding partners participate in the San Diego County Bar Association, supporting the work done by the Association’s diversity initiatives, community service campaigns and continuing education programs.

“We believe that our approach to attorney development has helped us grow. The firm is committed to assisting its attorneys to grow professionally in any manner they want. This leads to motivated and happier attorneys, and provides the firm with a broad knowledge base,” says Branch. Certainly, this approach is working for the firm, as it has grown from 5 attorneys to 14 attorneys in less than 5 years.

FOSTERING BALANCE INTO THE FUTURE The extent to which Andrews Lagasse Branch & Bell foster personal growth, through encouraging balance for their entire legal team extends to practical firm policies as well. “We consider ourselves to be on the cutting edge of technology and have always made technology a priority. Everyone in the firm has VoIP, direct fax lines, full remote access, dual monitors, laptops and iPhones,” Lagasse explains. These benefits -which result in a primarily paperless practice - certainly give all of the attorneys the ability to work outside of normal hours, MARGARET C. BELL or in between juggling their active family lives.

The commitment to balancing work, fun and family remains a priority for the founding partners, as all partners have children. “We all spend most of our free time entirely with our families and are heavily involved with our kids’ many sports and extracurricular activities,” Bell says.

Make no mistake; the attorneys at Andrews ∙ Lagasse ∙ Branch

“The commitment to balancing work, fun and family remains a priority for the founding partners, as all partners have children. “We all spend most of our free time entirely with our families and are heavily involved with our kids’ many sports and extracurricular activities” Bell says.

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& Bell are very busy people. But, through it all, they manage to keep their work with their clients very personal, right down to their marketing efforts. “One of the most effective marketing tools we possess is meeting with prospective clients faceto-face. Rather than invest in impersonal and cache marketing efforts, we spend the bulk of our marketing efforts meeting people and discussing their situations. We find that this method is the best way to establish a connection with the client,” Lagasse adds.

This personal approach has certainly worked to the benefit of Andrews ∙ Lagasse ∙ Branch & Bell, who work as a team with clients. Specifically, when it comes to the firms’ national clients, “we all go together,” Bell says. “We travel together and we work together. We are not competing against each other. Some of the largest institutions in San Diego are our clients, and we are all very hands-on when it comes to working with them.”

Andrews ∙ Lagasse ∙ Branch & Bell has clearly found a formula for success. In fact, the firm itself was selected as one of San Diego’s “Best Places to Work” in the 2011 small business

category by the San Diego Business Journal. However, the drive to create such a harmonious work/life balance for the attorneys stems directly from the founding partners’ absolute commitment to providing quality service.

“We pride ourselves on providing quality and resultoriented representation. The philosophy of our practice is centered on developing and maintaining these professional and personal relationships,” Branch says.

So far, this philosophy seems to be working magnificently.

In the last year alone, the firm counted two defense verdicts, a nonsuit, several appellate wins and more than ten successful motions for summary judgment.

It is not surprising then, that the firm plans to continue to employ its proven work/life balance strategies for success. “We see ourselves growing strategically over the next five years to emphasize our strong presence in Southern California, and a growing presence throughout central and northern California JENNIFER S. BRANCH and Washington,” Andrews says.

It certainly seems like this growth strategy is sure to result in win-win situation for the firm, its future associates, and, most importantly, its clients. n

“We believe that our approach to attorney development has helped us grow. The firm is committed to assisting its attorneys to grow professionally in any manner they want. This leads to motivated and happier attorneys, and provides the firm with a broad knowledge base” says Branch.

ANDREWS LAGASSE BRANCH & BELL, LLP 4365 Executive Drive, Suite 950 San Diego, CA 92121 www.albblaw.com admin@albblaw.com

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COMMUNITY news n The law firm of Procopio, Cory, Hargreaves & Savitch LLP voted to extend the tenure of Craig A. Ramseyer on the Management Committee for four more years.

In addition to his Management Committee responsibilities, Ramseyer is also the leader of the firm’s Construction Practice Group.

His practice emphasizes general business litigation, as well as construction law CRAIG A. RAMSEYER and litigation. In the business litigation area, Mr. Ramseyer has handled issues including partnership disputes, alter ego liability, and contractual disputes. In the construction arena, he is experienced in handling disputes arising on both public and private works of improvement, inclusive of contractual disputes, bid protests, mechanic liens, stop notice and payment bond claims, work out agreements, design professional errors and omissions, and delay, disruption and inefficiency claims. n DLA Piper announced that Darryl Steinhause has joined the Real Estate Capital Markets group as a partner in the San Diego office. Prior to joining DLA Piper, Steinhause was a partner at Luce Forward LLP. Steinhause focuses his practice on the structuring and private placement of real estate-related securities and taxation DARRYL STEINHAUSE matters. He began his career with New York-based Cahill Gordon & Reindel LLP, has practiced in San Diego for the last 25 years and brings 30 years of real estate capital markets experience to DLA Piper.

A frequent speaker on industry trends and issues, Steinhause is a former board member of, and currently serves as the General Counsel, for the Real Estate Securities and Investment Association and chaired the Syndication subcommittee of the ABA Section of Taxation – Real Estate Committee. He has served as an adjunct professor at the University Of San Diego School Of Law and has been appointed to the San Diego Task Force on Affordable Housing. n The law firm of Procopio, Cory, Hargreaves & Savitch LLP voted to extend the term of Thomas W. Turner, Jr. as Managing Partner through calendar 2015. First elected as managing partner in 2001, Turner serves as the firm’s chief executive and chair of its management committee. Under his leadership, Procopio has experienced tremendous success and growth and continues to THOMAS W. TURNER, JR. flourish.

Formerly the leader of the firm’s real estate team, Turner actively maintains his broad-based commercial real estate transactional 14

Attorney Journal | Volume 104, 2012

practice, which includes all property types. Turner has been selected for inclusion in the Southern California Super Lawyers® - San Diego list for Real Estate every year since the inception of publication in San Diego, and is an AV rated attorney by Martindale-Hubbell. n Sophie A. Akins, a partner at Best, Best & Krieger LLP, has been appointed to the Legislative Committee for the California Special Districts Association.

The nonprofit association works to ensure the continued existence of local, independent special districts. The Legislative Committee develops the organization’s annual agenda, SOPHIE A. AKINS including reviewing, directing and assisting with legislative/public policy issues. Committee seats are limited to industry experts with tenure and dedication to the organization. Akins was selected for her renewable energy expertise, leadership, knowledge of special districts and continued support of and participation in the organization.

Akins’ legal practice includes advocacy on renewable energy issues, assisting her clients to procure and construct solar and alternative energy projects. The Daily Journal recognized Akins as one of California’s top 25 clean tech lawyers and Law 360 named her as one of the top ten energy lawyers under 40 in the United States. n Procopio, Cory, Hargreaves & Savitch LLP is proud to announce that partner William W. Eigner has been chosen as a 2012 San Diego Metro Mover by San Diego Metropolitan magazine, and was featured in the publication’s January/February issue.

The 25 individuals named were chosen based on the impact they are expected to make on San Diego in the coming year.

WILLIAM EIGNER Eigner’s practice emphasizes venture capital, angel financing, seed capital, and the operation of growing technology. His practice encompasses corporate and business transactions that include telecommunications, electronic commerce, energy, clean technology, biotechnology, corporate governance, franchising, independent contractor issues, intellectual property protection, securities, and business structuring and financing. Eigner has significant experience in handling M&A, contractual and political issues involving telecommunications companies and independent power producers. He received his B.A. from Stanford University in 1981 and a law degree from the University of Virginia School of Law in 1986.

COMMUNITY news n Michael Gibson of Higgs, Fletcher & Mack, LLP, a San Diego-based law firm in operation 1939, was recently appointed as Co-Chair of the San Diego County Bar Association Construction Law Section.

His role will be to ensure that relevant programs and timely topics are delivered to members and attendees.

Future programs will include an update on MICHAEL GIBSON recent case law and legislation impacting the construction industry, claims procedures and insurance/ indemnity issues specific to construction projects.

In addition, the Construction Law Section supports community service projects during which volunteers assist in exterior painting and landscaping as well as trash and debris removal from pre-selected neighborhoods. n Higgs Fletcher & Mack announces the hiring of Joshua Katz, who joins the firm’s Tax Law practice group, specializing in tax controversy matters. His prior experience includes working with the District Attorney’s offices in San Francisco and San Diego County in the Economic Crimes Division. Katz holds a J.D. and a Taxation LL.M. from University of San Diego JEFF G. HARMEYER JOSHUA KATZ School of Law. The addition of Joshua Katz brings Higgs Fletcher & Mack’s total lawyer count to 65.

“We are excited to continue our firm’s growth and provide jobs for qualified members of our legal community,” said John Morrell, Managing Partner of Higgs Fletcher & Mack. “It is an honor to attract professionals that are dedicated to the betterment of San Diego. “

Law Journal. Following law school, he clerked for United States District Court Judge William H. Orrick in the Northern District of California. Gluck is the vice president of the San Diego Chapter of the Association of Business Trial Lawyers and a member of the San Diego County Bar Association. n Higgs, Fletcher & Mack, a San Diegobased, full-service law firm, announces the hiring of Donald K. Sheppard. A skilled immigration attorney, Sheppard came to Higgs from Jacobs Schlesinger Ople & Sheppard LLP, where he advised clients on all matters of immigration and nationality law, including employment-based immigration, family-based immigration, naturalization DONALD SHEPPARD and removal defense. He received his law degree from New York Law School, and is active in a number of organizations, including the American Immigration Lawyers Association for which he served as the 2010 Chair. Sheppard regularly participates as a Mentor with the American Bar Association’s Immigration Justice Project.

n Solomon Ward Seidenwurm & Smith, LLP announced that Richard Gluck has joined the firm as a partner in the litigation department. Gluck has broad experience, including significant trial experience, representing individuals and businesses of all types in securities and consumer class actions, in SEC investigations and enforcement actions, and in a wide variety RICHARD GLUCK of business, construction, real estate, employment, and trade-secret litigation matters in state and federal court and in arbitration.

Before joining Solomon Ward, Gluck was a partner in the San Diego office of Fairbank & Vincent where he also practiced business litigation. Gluck earned his law degree from Santa Clara University, where he graduated second in his class and served as an editor of the Santa Clara Computer and High Technology Attorney Journal | Volume 104, 2012

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50YEARSYOUNG

50 YEARS YOUNG, WINGERT GREBING CELEBRATES 50 YEARS OF PROFESSIONALISM

BY PASSING ON EXCELLENCE IN ADVOCACY AND TRADITION TO THE NEXT GENERATION OF by jennifer hadley ATTORNEYS.

OF THE MONTH

2012

photogra phy by Bronso n Pa te

LAW FIRM

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Attorney Journal | Volume 104, 2012

and service. For businesses, individual and institutional

HISTORY OF RAISING THE BAR Wingert Grebing has expanded its renowned litigation

clients, and the legal community as a whole, the example

practice over the last half-century to extend its areas of

he set has carried on through the work of the attorneys at

practice to include substantial legal malpractice defense

Wingert, Grebing, Brubaker & Juskie LLP, the San Diego

work, business disputes, employment cases, intellectual

firm founded fifty years ago.

property matters, and significant personal injury claims.

Wingert Grebing also counts many national companies

EVOLUTION OF SERVICE

and

As the firm grew, its reputation as a group of renowned

developers) as clients, serving their needs in an array of

trial attorneys was further solidified as, one by one, the

complex legal matters and appeals.

attorneys at Wingert Grebing continued the traditions of

and

regional

businesses

(architects,

hoteliers

Long before William L. (Ted) Todd, Jr. was appointed to the San Diego Superior Court in 1974 by then

excellence coupled with service that had been established at its inception.

Governor Ronald Reagan, he had set in motion a legacy

Partner Alan Brubaker is a former President of the San

of service that would serve to benefit the San Diego legal

Diego Chapter and the immediate past-president of the

community for years to come. Justice Todd’s partners at

California Regional Organization of ABOTA, still serving

the time of his appointment to the bench, John Wingert

on its National Board. In fact, Wingert Grebing has the

and Charles Grebing, took the existing firm to a new level

greatest number of attorneys admitted to the American

in 1974, increasing Wingert Grebing’s overall presence in

Board of Trial Advocates in San Diego. Currently, John

the legal community through the specific actions of its

Wingert, Charles Grebing, Alan Brubaker, Robert Juskie,

individual attorneys. John Wingert, now retired from

James Mangione, Chris Todd and Roger Dyer are all

practice, served as President of the San Diego Chapter

active members of ABOTA, no small feat for a firm of

of the exclusive and by-invitation-only American Board

fifteen attorneys.

of Trial Advocates (ABOTA). In like fashion, Charles

At the local level, Wingert Grebing’s attorneys

Grebing who is well-known for his work as a ‘lawyer’s

continue to make a lasting impression on the San Diego

lawyer, served as a past president of the San Diego

legal community through their extensive involvement

ABOTA Chapter and of CAL-ABOTA, the organization’s

in the San Diego County Bar Association. According

regional arm.

to Deborah Dixon, Associate with Wingert Grebing

By the time Justice Todd retired from the Fourth

and active member of the New Lawyer’s Division of the

District Court of Appeal to which he’d been elevated, the

San Diego County Bar Association, “Our mission has

principles and standards that made him an accomplished

always been to serve. Our attorneys have served as past-

trial lawyer and a beacon of service in the legal field had

presidents of the San Diego County Bar Association, and

been passed along to generations of attorneys. Justice

have consistently served as Board Members for the San

Todd had certainly set the bar for excellence in practice

Diego County Bar Association and Foundation Board;

ALAN BRUBAKER, a career lawyer with the firm, is not only a leader within the firm, but also in the community, maintaining his active involvement in ABOTA and the American College of Trial Lawyers. Brubaker emphasizes civil trial work with a focus on the hospitality industry and representing individuals and companies in complex matters. In addition, Mr. Brubaker maintains a thriving business litigation practice, including intellectual property challenges, and continues to defend and prosecute significant personal injury cases.

Attorney Journal | Volume 104, 2012

19

we have held almost every position in the Association over the years. We continue to serve on committees and as frequent speakers for the Bar Association.”

In addition to serving the San Diego County Bar Association and supporting its events, the firm’s attorneys also currently serve as Masters and Barristers in local chapters of the American Inns of Court, on the Board of Directors for San Diego Defense Lawyers and the South Asian Bar Association of San Diego and as Committee Chairs for the Lawyers Club of San Diego.

NURTURING THE NEXT GENERATION “The firm prides itself on its practical approach to litigation. We meet weekly to discuss cases and provide a sounding board for our lawyers to discuss the issues involved in our cases. As a result of this collegial and familial environment, our clients benefit because at any moment, there are 15 talented attorneys willing to assist on a case, encourage and guide the effort,” says Partner Alan Brubaker. From a practical standpoint, this certainly promotes unity among the firm’s members, but serves a crucial role in fulfilling one of the tenets of the firm as a whole, the tenet being the emphasis on providing constant education to young attorneys and law students clerking for the firm.

“Our firm has a heritage of service to the bar. We are committed to promoting ethics, civility and professionalism to the bench and bar. For attorneys at Wingert Grebing, our work as trial lawyers is not just a job; it’s a way of advancing the profession,” Brubaker says. Therefore, to ensure that standards in practice remain high, Wingert Grebing takes educating young and soon-to-be lawyers very seriously. Indeed, the firm

and its individual members devote a substantial amount of time to ensuring that young lawyers and law students are receiving the practical and technical experience they need, while reminding them of the importance of giving back to the profession and community.

To that end, Wingert Grebing attorneys dedicate their time and resources to San Diego law schools, serving as adjunct professors, coaches for trial teams, and participating on the Board of Trust and Alumni Board for California Western School of Law, and on the Alumni Board and the University of San Diego School of Law Board of Visitors. Similarly, the firm’s attorneys are devoted to teaching trial skills not only to law students, but also to high school students, reinforcing the firm’s commitment to justice through excellent advocacy.

“We serve as judges in mock trials. We critique the students in an effort to help them improve their skills.

We work with them on technical mechanics. As much as possible, we have law students clerking with us, as there is no better way to evaluate their skills than through work with experienced attorneys,” Brubaker adds. Wingert Grebing also encourages its younger attorneys to handle pro bono work to gain additional experience.

Wingert Grebing’s dedication to empowering young lawyers through practical experience and leading by example is just one way namesake partner Charles Grebing sees the firm as instrumental in keeping ethical practices and professionalism alive and well in the legal community. Grebing himself has been honored with the prestigious Broderick Award. This award is presented annually by the American Board to an attorney who is considered the model of civility, integrity and professionalism in the field of trial advocacy.

CHARLES GREBING, has been practicing law at the firm for his entire 42 year career. He exemplifies the values of the firm and continues to be a model of civility and professionalism and an outstanding advocate for his clients. Grebing specializes in the representation of attorneys in complex litigation matters.

Grebing is a certified legal malpractice specialist.

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Attorney Journal | Volume 104, 2012

the San Diego Community.

LEADING BY EXAMPLE

Their service includes

The firm remains proud of its strong core leadership.

representation of the indigent through the Legal Aid

“Wingert Grebing teaches our young attorneys not only

Society and the San Diego Volunteer Lawyers Program.

how to practice law, but the importance of knowing

The firm’s attorneys also represent active duty service

the business of law,” says Stephen Grebing, the current

members during times of deployment. The firm has

Managing Partner. This philosophy of leading by example

worked to develop legal relief programs and participates

and engaging young attorneys in the practice of law early

in outreach programs through the Bar. Members of the

in their careers results in a direct benefit to the firm and

firm are proud to participate in an advisory capacity to

its clients. Five of Wingert Grebing’s current partners

San Diego Teen Court, and to educate students on all

began their legal careers as student law clerks at the firm.

levels on the importance of the judicial branch and the

Among them are Stephen Grebing, the firm’s Managing

constitutional right to trial by jury in civil actions.

Partner and Robert Juskie, one of the firm’s previous

But where exactly do the attorneys with Wingert

Managing Partners. Both embody the real history, spirit

Grebing utilize all of their expertise? In short, it all goes

and future of the firm with their leadership and forward

back to the clients and their challenges. “Lawyers of the

thinking approach to maintaining traditions of service,

firm endeavor to achieve the best outcome for its clients.

integrity and professionalism.

In doing so, we ensure our effort and work product are commensurate with the client’s expectations and goals.

PASSING DOWN PROFESSIONAL PRINCIPLES As the young generation of attorneys looks to the

We strive to achieve these goals by the most efficient and economical means,” says Brubaker.

examples set by its predecessors, Wingert Grebing is

“Whether our work relates to pre-litigation strategy,

determined to pass on some of the principles it holds

preparing for trial or focusing on alternative creative

dear. This is particularly true of the firm’s approach to

problem-solving methods, the firm prides itself in

serving the community at large, in addition to serving the

actively engaging with our clients and intently listening

bench and bar. “We dedicate our time to participating in

to their needs. We frequently achieve early resolution

numerous charitable events and causes, including Habitat

of matters before trial, but our clients know that we are

for Humanity, Women’s Resource Fair and fundraisers

capable and eager to try their cases, and have been for

and activities on behalf of local churches, including

fifty years. However, we always first listen to our clients

St. Paul’s Lutheran Church and School,” Grebing says.

and allow them to participate in the case so that we can

The firm’s individual members also support programs

empower them.

that advance women’s rights, combat teen delinquency,

clients on complicated issues of law and ensure our

educate regarding the rule of law, and promote ethics in

clients understand and participate in their cases. This

the practice of law.

gives the client a sense of ownership and involvement in

Wingert Grebing attorneys are actively involved in

We excel in explaining and advising

complex legal matters,” Brubaker continues.

STEPHEN GREBING, who started his career with the firm as a file clerk in college, has literally risen through the ranks of the firm and serves as its current managing partner. In addition to his busy business litigation, construction and transactional practice, Mr. Grebing handles entitlement and land-use processes for developers, working cooperatively with municipalities and agencies in joint resolutions.

Attorney Journal | Volume 104, 2012

21

In short, Wingert Grebing has worked hard to develop its well-deserved reputation for capable representation and a culture of reliance. Rewards from tireless effort over the years can be directly traced to the loyal clients that the firm counts as its own. In a sense, in this way, relationships come full circle.

Perhaps clients come to Wingert Grebing because the firm’s attorneys are among the most respected and experienced in Southern California (as evidenced by five of the firm’s attorneys being listed in The Best Lawyers in America, and two of the firm’s partners, Charles Grebing and Alan Brubaker achieving Fellowship in the American College of Trial Lawyers). Perhaps the clients come to Wingert Grebing because the firm as a whole has earned Martindale-Hubbell’s highest rating (AV®) for legal ability

For example, Charles Grebing has cultivated a focused specialty for the firm in the challenging field of legal malpractice. “Representing lawyers and defending their interests in claims and litigation is a necessary challenge in our field,” Grebing says.

To commemorate the anniversary of their firm, Wingert Grebing has recently celebrated its move to the 12th floor of One America Plaza, 600 W. Broadway, its new offices providing sensational views of the San Diego bay and Point Loma. But as far as Brubaker is concerned, the true celebration is in the evolution and the growth still to come. With its traditions rooted in litigation, the multi-faceted firm practice with its traditions rooted in litigation has extended its reach to include a successful personal injury practice, real estate development and

and ethical standards. But one thing is certain; Wingert Grebing’s clients afford their lawyers the opportunity to continue to learn something new every day, which the firm is then excited to be able to pass along to the next crop of attorneys. Make no mistake, when clients entrust Wingert Grebing with their advocacy and legal needs, they indirectly assist in assuring that the future of the practice of law remains strongly rooted in principles of professionalism, ethical practice and relentless service to others.

construction matters, employment and construction law, and is growing in its focused areas of intellectual property practice and all forms of professional liability defense.

Certainly, the firm hopes to increase its positive influence in San Diego and within the legal community specifically though the actions of its individual attorneys.

To date, and following in the footsteps of the firm’s founder, three additional former partners have been appointed to the bench, including Thomas O. LaVoy and Michael B. Orfield, both serving on California Superior Court, and Michael M. Anello, who was appointed to the Superior Court and subsequently confirmed as a Judge of the United States District Court for the Southern District of California.

Quite clearly, there are a great many reasons why Wingert, Grebing, Brubaker & Juskie, LLP should be celebrating half a century of service in San Diego. Indeed, while the firm is proud of its individual members’ current

A TOAST TO THE FUTURE For Wingert Grebing, the best way to celebrate fifty years of service is to look to the future of the firm. The firm has increased its emphasis on pre-litigation strategy and risk avoidance. Additionally, given the time the firm dedicates to serving the legal community, it is not surprising that, over the years, new specialties develop.

ROBERT JUSKIE, a partner of the firm, has spent his entire career at Wingert Grebing. He frequently solidifies his reputation as a powerful advocate for his clients in the courtroom, trying high-exposure personal injury matters and business disputes.

Juskie has led the firm in its endeavor to ensure that its technology is current, efficient and user-friendly.

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Attorney Journal | Volume 104, 2012

and historical recognitions, awards and appointments, its members are quick to point out that they owe it all to their clients. As such, in addition to continuing to serve each of their clients with timely, effective lawyering and

ethical professional service, the sure-fire way for Wingert Grebing to show its gratitude is through carrying on a tradition of effective advocacy and service well into the future. n

Wingert Grebing Brubaker & Juskie LLP 600 W. Broadway, Suite 1200 San Diego, CA 92101 619-232-8151 www.wingertlaw.com info@wingertlaw.com

Attorney Journal | Volume 104, 2012

23

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Attorney Journal | Volume 104, 2012

Attorney Journal | Volume 104, 2012

25

THE

Business OF BETTER by jennifer hadley

RESOLUTION

LUCIE BARRON & ADR SERVICES PROVE THAT THERE’S MORE TO LEGAL DISPUTE RESOLUTION THAN MEETS THE EYE.

JOURNAL

FEATURED Barely five minutes into an interview with Lucie Barron, founder of ADR Services Inc., it’s clear that her business acumen is a force to be reckoned with. She is candid and undeniably knowledgeable about the business of alternative dispute resolution, particularly in California.

As the founder of one of the largest alternative dispute resolution companies in California, legal statistics flow from her mouth, with all of the nonchalance she might have when discussing the weather.

It’s as if she’s spent her entire life studying the legal field. No doubt, this is an asset.

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Attorney Journal | Volume 104, 2012

MEDIATION FIRM OF THE MONTH

2012

But what’s interesting is that for all of her success, and her vast knowledge in regards to the inner workings of dispute resolution, Barron does not have a legal background.

PERSONAL EXPERIENCE PROVES INVALUABLE In the early 1990’s, Barron, who was a psychologist (albeit with an MBA) by

trade, found herself in a legal dispute of her own. She’d spent a few years investing in real estate rental properties. Following a dispute with one of her rental managers, she found herself up to her eyeballs in legal fees. “The case just wouldn’t go away,” she says. Moreover, she recognized that she was being overcharged by her own attorney. This dispute eventually went to arbitration and Barron won.

For the single mother of 7 children, that was all it took to plant the seed which would in time be sown into arguably the second largest alternative dispute

resolution company in the state. She spent every spare moment reading and studying everything she could about the field. Armed with the facts that California is by far the most litigious of the states, that only 1.8% of case filings ever make it to trial, and that California is particularly amenable to mediation, Barron launched her company.

But she admits that at the time of her launch 18 years ago, “we had no advantage that gave us market intrigue.”

The field of alternative dispute resolution was incredibly competitive, so Barron was going to have to carve out a specialty on her own. “I spent a lot of time asking questions. I focused on the buying patterns of attorneys. I saw that these buying patterns were changing.

Attorneys no longer wanted generalists.

This industry looks for specialization.”

BACK TO BUSINESS Armed with the knowledge that, in order to meet the growing demand for neutrals with specific areas of expertise, Barron would clearly need to know her panelists. She developed a very strategic business development plan, which served multiple purposes. First, ADR Services would need to have a thorough understanding of her neutrals’ areas of expertise. “We work very hard at attracting the best neutrals. We are their agents, and their reputation is very important.”

Secondly, Barron says “this market is driven by the end-product user.” To her, that means that ADR Services must serve a highly consultative role. “We are committed to pairing up the right judge or attorney, with the right case,” she says. To that end, Barron encourages all potential clients to call and just talk with the team at ADR Services.

To illustrate, she gives an example of a corporate dissolution. “If we receive a call about a spin-off company, where the dispute is all about money, we’re not going to pair them with a neutral that comes from a criminal defense or district attorney background. We provide the best chance for resolution. The client

needs someone with a strong accounting background, who is familiar with balance sheets and profit/losses. We would provide a neutral who is cerebral, linear, evaluative and pragmatic, who can look at the case and say ‘how can we resolve this by looking at the laws and the numbers?’”

To ensure that ADR Services does attract only the best neutrals, the company offers a more attractive fee split than other companies, Barron says. They also tend to have cases that are more interesting to their neutrals.Moreover, Barron has worked hard to create a physical environment which is conducive to helping calm agitated clients. Each of her offices in Los Angeles, Century City, Las Vegas, Orange County, San Francisco, Silicon Valley and San Diego offers themed conference rooms, decorated with furniture from Barron’s personal travels. The San Diego office, for example, provides ample space in the NBC building, decorated with South and Central American pieces. “Our offices make it very easy and very comfortable for all of our mediators. We provide the entire environment for them. The only thing they have to concern themselves with is the resolution of the dispute.”

THE PSYCHOLOGY OF DISPUTES In addition to Barron’s business sense, her background in psychology has also been instrumental in the company’s success. Because the disputes that come to ADR Services are overwhelmingly those requiring mediation (80-82% of the business), Barron again falls back on the fundamentals of her business. “This business is driven by how good our neutrals are. We have to get them the first case. They have to bring the clients back.”

But, again, ensuring the proper pairing of a specialized neutral with a specific case falls on Barron’s shoulders.

“When you have a partnership dissolution, the dispute is very emotional.

These are people with hurt feelings.

Unfortunately, sometimes they’ll lose all their money while fighting. In a case like this, the client needs someone who understands the human side of business.

It’s a different sort of mediation. We are responsible for assigning the most suitable person to achieve resolution,” she says.

It’s quite clear from the volume of business that ADR Services handles that Barron has found a formula for success.

However, she’s humble and forthright about the nature of the alternative dispute resolution business, saying, “We are in a field that doesn’t count on massive clients.

Clients don’t send us every case. One law firm will use us for 15 cases, and then use another company. We are only driven by one case at a time. Clients call, ask who we suggest, we get that case resolved, and it’s on to the next one.”

But what she has done is tap into a huge market with unlimited room for growth, and case by case, she’s built a foundation with proven results, as evidenced by the now 8,000 cases a year that ADR Services receives. True to her business-savvy style, she is able to break down exactly how far her company’s services extend. “There are about 215,000 practicing attorneys in the state. 38% of them are litigators.

Our database includes more than 56,000 attorneys. That means that we’ve handled one case or more for 95% of the litigators in the state.”

It’s plain to see that, for Barron, alternative dispute resolution isn’t necessarily a cut-and-dried field, where just the facts are always enough. There’s a psychological component to successful resolution, and there are business laws of supply and demand in regards to the types of neutrals that clients need.

Fortunately, for the thousands of clients, and the successful judges and attorneys who serve as neutrals for ADR Services, Barron’s unique formula for success has proven time and again to provide a winwin situation for all parties involved in alternative dispute resolution.n ADR SERVICES, INC. 225 Broadway, Suite 1400 San Diego, California 92101 (619) 233-1323 lucie@adrservices.org adrservices.org

Attorney Journal | Volume 104, 2012

27

The UNOFFICIAL 4TH BRANCH of by bridget brookman

GOVERNMENT AFTER 40 YEARS OF PRACTICING LAW, MICHAEL PANCER HAS NOT FORGOTTEN WHY HE BECAME AN ATTORNEY.

JOURNAL

FEATURED MOTIVATED BY INJUSTICE The Vietnam War was a catalyst for social change and political unrest.

Coupled with the Civil Rights movement, The United States was a country divided. Frightened by the threat of Communism, there were those who believed the government was doing the right thing by going to war.

The detractors viewed the government as the biggest threat to American citizens. Michael Pancer was of the latter school.

Raised in Pittsburgh, PA, with roots in a working class family, Michael’s 28

Attorney Journal | Volume 104, 2012

background and philosophy makes him sympathetic to the underdog. When asked what made him decide to become an attorney, Pancer says, “It was the atrocities of the Vietnam War and the abuse of the civil rights of African Americans highlighted by the Civil Rights movement. I became active with various protest groups and civil rights groups. The government continued to practice Jim Crow laws. What I learned during this time and these experiences created a great distrust of government, so I wanted to be able to represent citizens accused.”

SOLO PRACTITIONER OF THE MONTH

2012

He and his friends were concerned about being drafted and watched news reports in horror, as thousands of Americans and Vietnamese were killed in Vietnam. “Here’s the thing,” Pancer continues, “I knew this war was being waged for no valid reason.

The Secretary of Defense, Robert McNamara eventually admitted the war was a mistake and the public was lied to. But the United States

government was selling this war. I really felt we needed more protection from the government than we did from any individual out there on the streets.

Even serial killers do not produce that kind of large scale massacre.” Becoming a criminal defense lawyer was Pancer’s way of standing up to the government, defending the accused and protecting the rights afforded citizens by the Constitution.

DRACONIAN SENTENCING LAWS Graduating from UCLA Law School in 1968, Pancer began defending draft resistors in 1969 and his office never lost a draft case. In 1972, he began specializing in defending citizens accused of crimes. He obtained a Criminal Law Specialist certification in 1977. The Law Offices of Michael Pancer have been successfully operating for 40 years and, during that time, he has seen a tremendous shift in the legal system when it comes to sentencing laws. “The most serious issues right now are sentencing laws,” said Pancer.

“Sentencing laws are more draconian.

Sentencing has become more of a political issue and that’s dangerous because the politicians take discretion from the judges.”

Federal mandatory minimums, created by Congress 25 years ago, require harsh sentences for nonviolent offenders. Such laws do a disservice to the people accused of crimes, to the judges who lose discretion, to communities that are largely poor, and to a society that spends millions of dollars to keep people incarcerated.

These laws have inappropriately shifted sentencing authority to prosecutors through their charging decisions. They impede judges from considering mitigating factors that would help impose fair and just sentences. They essentially strip away the discretion that judges traditionally employ in sentencing drug offenders, particularly low-level offenders.

“Congress panders to special interest

groups, which affects the legal system and the rights of citizens. A number of crimes have become hot button political issues,” says Pancer. In his experience as a criminal attorney, drug cases are the most prominent types of cases in which politics play a role. He continues, “People are getting years in prison for possession of marijuana.

Anytime they take discretion away from the judge and give it to the Department of Justice, it bodes ill for our citizens.”

When it comes to mandatory sentencing, Pancer argues that another downside for clients and attorneys is that it can discourage trying cases that should be tried. “In more than one case, I felt I could have defended my client in trial, but the government - but charging a harsh mandatory minimum sentence made the risks too great. It is not unusual for a citizen accused to find themselves facing a relatively short sentence if they plea bargain but 15 years in custody if they do not.”

DEFENDING COLLEAGUES; A NEW TREND For the past six years, attorneys have comprised the majority of Pancer’s client base. “Maybe it’s just a coincidence, but over half of my clients are other attorneys,” says Pancer. Most of the accused are charged with white-collar crimes: embezzlement, mortgage and or insurance fraud. In one high profile case, Lori Chapin, attorney for the City of San Diego’s Retirement Board, was accused of illegally increasing pension benefits for city officials. Pancer prevailed for his client and the charges were eventually dropped.

SERVICE IS ITS OWN REWARD Pancer remains dedicated to the idea that citizens need protection by the press and the bar from the overreaching tentacles of the government. One way he embodies this belief is through teaching. Nearly every summer for the last 25 years, Pancer has taught at the National College for Criminal Defense in Macon, GA. The National

Association of Criminal Defense Lawyers sponsors the college. “The students and faculty are truly dedicated.

You would have to be in order to spend two weeks of the summer in one of the most humid places in the country,” Pancer says. He teaches a class geared solely towards how to try a criminal case, which is something attorneys do not learn in law school. Students are taught how to interview clients, how to choose jurors and how to construct a compelling closing argument. Actors play the role of the client and all of the lawyers who teach volunteer their time and pay their own expenses. “We have some of the most recognized criminal defense lawyers in the country teaching at the college. When you spend a week or two with young, enthusiastic people who are ready to try cases, the enthusiasm rubs off. It is such a rewarding experience,” says Pancer.

KEEPING IN BALANCE While maintaining a steady legal practice, Michael keeps his life in balance with a little surfing, skiing and some reading. He is married to an intellectual property litigator, Juanita Brooks , who he says has taught him more about how to try a case than anyone else. He has a son who is an attorney and two step children. Pancer is a Certified Specialist in Criminal Law with the State Bar of California Board of Legal Specialization. He is also a member of the National Association of Criminal Defense Lawyers, as well as the American Board of Criminal Lawyers, California Attorneys for Criminal Justice, San Diego County Bar Association, and the Criminal Defense Lawyers Club of San Diego.

The awards he has receive: San Diego Criminal Defense Bar Association Trial Lawyer of the Year in 2002 and 2006.

He speaks at programs for the National Association of Criminal Defense Lawyers and the California Attorneys for Criminal Justice.n

Attorney Journal | Volume 104, 2012

29

It’s

not easy to find an industry with more legal,

binding, business partnerships than the practice of law.

From teams of two to partnerships of hundreds,

attorneys forge practice partnerships for all kinds of practical and rewarding reasons. financial

responsibility

of

a

firm,

Sharing

the

growing

the

practice, and collaborating on cases are just a few of the key reasons that attorneys flock together.

A Partner’s Disability: What Happens To Your Firm? by steven driss

Steven Driss is President of Lifeline Employee Benefits in Tarzana, CA. Lifeline Employee Benefits was established in 1985 to help individuals and small businesses identify and purchase affordable health insurance, disability and group insurance. For additional information visit www.health-quotes.net or contact Steven directly at (818) 774-1003 or via email at steve@health-quotes.net

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Attorney Journal | Volume 104, 2012

There’s strength in numbers.

But these partnerships also place the individual attorney at risk. I certainly don’t need to tell you just how often accidents or unforeseen illnesses arise; you see it every day. From personal injury claims, to defending insurance companies, to the dreaded wrongful death suits, and everything in between; by and large, attorneys have a bird’s eye view on just how impulsively… life happens.

To that end, you’ve undoubtedly protected yourself with insurance in the event of the death of your partner(s). Life insurance or buy-sell insurance policies are imperative.

After all, the lost wages from the death of a partner alone would be financially devastating, to say nothing of the stress you’ll find yourself under if you need to be in a position to buy out their portion of the practice. (I’m assuming here that you don’t want their spouse or child to become your new business partner, thus mandating the buy-out). So, for argument’s sake, we’ll also assume that you have life insurance all locked up.

However, what would happen if one of your partners were to become disabled? A slip and fall, a stroke, an open sewer grate or thousands of other unforeseen circumstances could also deal you a tremendous financial blow. Life insurance policies will not protect you under these circumstances. Moreover, conventional disability insurance is liable to fall short of your required financial protection as well. However the likelihood of a partner becoming disabled is frankly much higher than the likelihood of death.

According to the Social Security Administration’s 2011 Fact Sheet, just over 1 in 4 of today’s 20-year-olds will become disabled before they retire. To illustrate, consider that, according to the Council for Disability Awareness (www.disabilitycanhappen.org), a typical female, age 35, 5’4”, 125 pounds, non-smoker, who works mostly in an office environment, with some outdoor physical responsibilities, has a 24% chance of becoming disabled for 3 months or longer during her working career. The odds are similar for men of the same age, with a 21% chance of becoming disabled with all things being equal.

The chances of disability are multiplied exponentially if pre-existing medical conditions exist, if they’re not in good general health, and with age.

That’s essentially why Key Man Disability insurance was created. This type of coverage is designed for partnerships ranging from 2 individuals to mega-firms wherein the disability of any of its partners would result in hardship. Key Man Disability insurance, like general Key Man insurance, is purchased by the firm to cover your key people. In a law firm this would include the partners, but also could also be purchased to cover any employees who play an integral role in the firm’s operations. Indeed, Key Man Disability will protect the firm not only from financial losses due to one of its key people becoming disabled, but will also cover the firm until a replacement partner, attorney, paralegal, etc., can be found.

Like all insurance policies, there will be a lot of fine print, but the fine print in Key Man Disability insurance includes good news. Policies are custom designed for your firm’s specific needs, and they typically allow for two options for the firm. The first option would provide for a monthly payout. This would be a suitable option in the event that a partner had to undergo a lengthy recovery period from surgery, for example. Based on the income of the key person and the projected loss of earnings due to their disability, this monthly payment generally begins within three months of the disability. It will continue for the life of the policy, or until the key person is capable of once again performing in the same capacity as before the injury, illness or accident.

The second option for law firms filing a Key Man Disability claim would be a lump sum payout. While this takes longer to receive (typically, at least a year) the lump sum may be used to buy out the partner in the event that the partner or key man cannot return to work after a year. Money can also be allocated for the replacement and training of the new firm partner.

Both options can be used to offset a surge in one partner’s overhead as the result of another partner being incapable of paying their part during their disability. Similarly, both options will take into account the disabled key person’s contribution to the firm’s overall earnings, and the benefit will be provided accordingly.

Whether or not your firm needs Key Man Disability will be a decision that you’ll have to make on your own. If you’re unsure if whether this type of coverage is necessary for you and your partners, ask yourself some questions including: Would the disability of a partner result in your firm losing clients? How much of the firm’s revenue stems directly from the key person? Can the firm survive without that income?

Only you will know the answers to these questions. And it’s understandable if you are reluctant to pay for this type of

policy. Most of us don’t like to think about the possibility of becoming disabled, nor do we think it will happen to us. Again, according to the Council for Disability Awareness, 64% of wage earners believe they have a 2% or less chance of being disabled for 3 months or more during their working career. Unfortunately, the actual odds for a worker entering the workforce today are about 30%, according to the Social Security Administration.

So our perceptions don’t necessarily match the facts.

Yet, when it comes to law partnerships and practices, the disability of one of the key partners can be more devastating than in other industries, so Key Man Disability is certainly something worth considering. But be sure to talk with an agent about your specific concerns as these policies can and will be structured specifically to your needsn

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EASY AS

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DAVIDSON STAFFING & SPECIAL COUNSEL ADD UP TO THE SIMPLE SOLUTION FOR LEGAL STAFFING.

p hotograph y by Bronson Pate

by jennifer hadley

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JOURNAL

FEATURED ING FIRM LEGAL STAFMFO OF THE

NTH

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I

n the San Diego legal community, almost everyone knows Angela Parkinson, Executive Director of Davidson Staffing. For nearly a decade, she’s worked tirelessly to do just that; introduce herself and the services of Davidson Staffing, that specializes in recruiting highly qualified legal talent for California law firms and corporations, and for the legal community at large.

As a full-service staffing company, Davidson Staffing has been the simple solution for countless law firms -both large and small- as well as corporations with temporary, temp-tohire, and direct hire legal recruiting needs for 25 years.

“San Diego is a large city, but has a very small and tightly connected legal community,” says Parkinson, who originally hails from Ireland. “I can truly say that it took about 3 years before I felt that anyone even knew my name and about five years before I felt that I had made a mark in the industry. My staff (Nicole Sutton, Alicia Vargas and Antonette Kennedy) and I attend every networking event possible. I learned early on that the people of San Diego needed to get to know me on a personal level and the only way to achieve this was for me to meet them at social/networking events outside of the office. My clients now know me on a personal level and not just as another legal staffing vendor.”

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For Parkinson, who is widely and informally known as “Angela from Davidson,” it’s time for a new introduction.

Many may not be aware that Davidson Staffing was acquired in 2007 by Special Counsel, the nation’s leading provider of legal staffing services, which includes 35 offices nationwide.

Davidson Staffing now serves as the national company’s San Diego hub. Special Counsel was attracted to Davidson due to the company’s longstanding presence in San Diego, as well as in other California markets. They were eager to partner with a company who had the reputation for being the #1 direct hire legal staffing firm in California.

The collaboration has afforded a seamless blending of localized service, with additional savings and enhanced complimentary service offerings. While Davidson Staffing focuses primarily on providing support staff, Special Counsel is internationally known for their expertise in large scale document review and contract attorney placements.

All of this combined works to the benefit of both existing and new clients by offering full service, cost-effective solutions, innovative technological advances, and enhanced consultation capabilities. The merging of these similar business practices was simply a logical step.

LONGSTANDING SERVICE, TENURED STAFF…PLUS Angela has observed that “due to the close knit legal atmosphere in San Diego, clients in the legal community prefer to work with those they know. I have a very tenured staff, which is quite rare in this industry. This is great for our clients, because they know when they call the person who is helping them knows the unique intricacies of their firm, and they won’t have to explain the culture every time they have a need for our services.”

Moreover, “When a client calls, we don’t bombard them with 20 different options. We meet with them personally. We approach every client’s need with a unique approach. There is no cookie cutter method to how we service our clients. We view ourselves as consultants,” she adds. To that end, for Parkinson and her team, this means being forthcoming with clients from the very start, based upon their long experience in the industry. “We will not try to talk a client into hiring one of our candidates just to get the placement. We would rather walk away from business if we feel that we don’t have the necessary resources to put our best foot forward. As a result we have built a solid foundation of trust with our clients which is a huge part of developing a relationship with a staffing partner,” she explains.

COST EFFECTIVE EMPHASIS IN ALL ENDEAVORS…PLUS The second essential component to developing lasting relationships is to provide clients with the most bang for their buck. “Companies across the U.S. are cutting costs, eliminating activities that are nonessential and outsourcing activities to experts when it is cost effective. The exception up until the past few years has been legal costs. Special Counsel recognized this opportunity to pass on savings to their clients early on and this was one of the main reasons why they wanted to aggressively develop their California presence,” Parkinson says.

Continuing, she adds “We are experts in identifying nonvalue-added activities, especially in the discovery process and addressing discovery with experts in document review. What others do occasionally, we do every day. We implement continuous improvement to deliver at the lowest possible price. We measure our performance with easy to understand metrics, just like the rest of the corporate world. We measure both cost and quality and provide real time reporting to allow active measurement of our progress in a completely transparent way.”

To show exactly how this equates to savings for clients, Parkinson describes a recent instance in which Special Counsel was able to save a local defense company hundreds of thousands of dollars. “They were faced with a large environmental remediation case. The project was extremely complex, involving review of millions of documents. We were subject to extremely stringent expert control restrictions,

“It is our job to come up with most cost-effective solutions for our clients,” Parkinson says simply.

“That’s why early on in my career, I made a decision to treat every client’s hiring need as if it were my own.”

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which meant that we could not physically remove the documents from their location, which were stored in a large warehouse. We assembled a team of 30 contract attorneys to work on-site. We created and implemented QA procedures that allowed our client to produce documents on schedule, on budget and within export control guidelines. The end result for our client was an 85% cost savings in comparison to what their legal spend would have been for their outside counsel for the same work,” she says proudly.

With results like these, it is obvious why Special Counsel’s contract attorney division comprises almost 50% of the company’s business. “Clients of law firms and corporate accounts are demanding outsourcing,” Parkinson says.

“Most people are no longer willing to pay $400 an hour for document review, so whether the savings goes to a corporation, or to an attorney who then passes on the savings to their client, we partner with all of our customers to offer cost-effective and saving solutions.”

CREATIVE & TECHNOLOGICAL SOLUTIONS… EQUALS “It is our job to come up with most cost-effective solutions for our clients,” Parkinson says simply. “That’s why early on in my career, I made a decision to treat every client’s hiring need as if it were my own.” Recognizing that every staffing need is unique, it is Special Counsel’s duty to provide that solution in a cost effective manner. This sense of obligation led to the development of a groundbreaking document review management tool.

“SightManager® is a virtual workstation platform which complements the performance, management and reporting features of internet-based electronic discovery software used for document reviews,” Parkinson explains. “It essentially gives supervisors real time, over-the-shoulder management of a document review as it is being conducted.” With SightManager® supervisors can then remotely observe and even take over reviewers’ screens in order to collaborate, view a document simultaneously, correct or instruct the reviewer.

The benefits of offering SightManager® to clients have been impressive. “We can staff a review in Florida, and actually manage it from San Diego,” Parkinson adds.

THE SUM OF EFFORTS: Together with Special Counsel, Davidson Staffing has clearly figured a formula that works for its clients, particularly during these lean economic times. “We are fortunate enough to be able to offer a cost savings to our clients which is a great service offering today. 2011 was our best year ever, and we were able to grow our business by nearly 40% while other firms are shutting their doors or downsizing.”

After doing the math, it becomes obvious that what Davidson Staffing had already mastered in San Diego

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through their longstanding presence and reputation in the industry, enhanced by Parkinson’s visibility in such organizations as SoCalPros, would be an asset to Special Counsel. And indeed, by joining forces, the only possible outcome is to exponentially multiply the numbers of San Diego corporations and attorneys who value top tier service and visible savings. With an equation like that, the answer is certain to be nothing less than continuing success for Davidson Staffing and Special Counsel in San Diego.n

225 Broadway, Suite 1150 San Diego CA 92101 619-230-7681 angela.parkinson@davidsonstaffing.com davidsonstaffing.com

WORLDMARK BRANDS WorldMark Brands helps law firms to use the internet to better serve their clients.

Questions@WorldMarkBrands.info 858.227.9275 501 W. Broadway, Suite A. San Diego, CA 92101

Our suite of online services helps law firms to truly leverage the Internet to maximize their potential: Our expertise in Search Engine Optimization helps legal firms improve their ranking on Google, thereby improving their credibility and helping generate more business.

We also assist with Pay Per click for consumer facing practices to generate more customers.

We help law firms in using social media to both convey expertise as well as attract new talent.

We support law firms in better management of client relationships through online secure document sharing.

Our email services help law firms build client loyalty.

WorldMark Brands is a perfect partner for law firms planning to use the Internet to support their practice.

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Whether you are an attorney who handles dog bites and pet- related injury cases as part of your practice or simply a dog owner who may someday have to deal with the myriad issues that can arise if your dog should injure someone

– the

more prepared you are, the better your case or situation will probably go.

EXPERT TIPS DOG BITES AND PET RELATED INJURY CASES by ron berman

Ron Berman, C.F.C., D.A.B.F.E. is a canine and feline behavior expert specializing in the litigation of dog bites and related injuries. He can be reached at 310-3760620. His website is dogbite-expert.com.

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All in all, 32 states including California have instituted dog bite statutes that make the owner “strictly” liable for any injury or property damage their dog causes. Varying according to the state, the defense has to prove that the victim provoked the dog in order to minimize or even escape liability. The only other defenses are that the victim was trespassing or that the defendant is not the owner/caretaker of the dog. In California, dog owners are subject to massive civil liability for attacks by their dogs. The state allows a plaintiff to sue on two strict liability causes of action arising out of a single attack - one created by statute and one based in common law. (See Priebe v Neslon (2006) 39 Cal. 4th 1112.)

In California, a dogs teeth don’t have to break the skin or even make contact with the skin for it to be considered a bite.(See Johnson v McMahan (1998) 68 Cal. App. 4th 173,176) If a dog only grabs the edge of someone’s pants with their teeth, it is still considered a bite and any resulting injury to the victim will fall under the statute.

This article intends to offer insights into the discovery process as it specifically relates to dog bites and other pet-related injuries by examining a number of important issues that are commonly missed, ignored or poorly done by attorneys during litigation.

1: EVALUATE THE DOG A video presentation of the defendant’s dog is possibly the most powerful evidence to determine if the dog has dangerous or vicious propensities. If the dog is displays aggression during a professional evaluation, each member of the jury will be able to fully experience that behavior at trial. Having this knowledge will help the adjuster in several ways. Firstly, if the defendant is claiming that his or her dog is not aggressive, it diminishes the insured’s credibility and affords a more realistic evaluation of the case.

Secondly, the adjuster has the opportunity to experience the plaintiff ’s most damaging evidence against their insured, which should lead to an early settlement. On the other hand, if the dog is shown to truly be non-aggressive then a powerful piece of evidence in opposition to the plaintiff ’s account is available for settlement negotiations or trial.

Of course, it is important that the evaluation be set up correctly and that no opportunity to view and record the dog’s unprovoked behavior in multiple settings and situations is missed. There are many questions that have to be answered and planned for when setting up the format for an evaluation. Was another dog involved? Did the incident happen on the defendant’s property or somewhere the dog would relate to as neutral territory? Has the defendant made any statements that could be tested during the

evaluation? Which testing protocol should be used? The goal is to set up a fool-proof and professional evaluation, as soon as possible after the incident so that every bit of information possible is obtained.

Immediacy is a prime factor as, so often, the dog is given away, disappears or dies for any of a number of reasons; the opportunity to evaluate the animal is gone and with it a possible turning point in the plaintiff ’s case. Fortunately, a solid presentation can be conducted even if the dog is no longer available, but no other evidence sums it up quite as well or intensely.

2: SCENE INSPECTION If a dog living in the defendant’s home also spends time inside the house, it is important to inspect inside the home as well. Chewed door or window frames, scratches on the door, the dog’s bed or lack of one, where the dog slept, photos of dogs on the wall…all give you a sense of how the dog was treated, behaved at home. A plethora of toys in every room gives a lot of information about whether the defendants were indulgent with their dog. Inspecting leashes, collars, chains, dog houses, food bowls, kennels, yards, toys etc. also provide a wealth of information about the dog to someone who deeply understands the human/canine companion bond and how it influences behavior. Do they use a choke or prong collar? Is their leash extendable to 15 or 20 feet? Is the water in the bowl dirty?

Does the fence meet the standard for containing a dog of this size? Is there any evidence that the dog was aggressive at the fence and/or property boundaries?

3: THE BEST INTERVIEWER Often times, statements of witnesses are taken by people experienced in interviewing techniques but who have little experience in animal behavior. As a result, the evidence they discover leaves openings that can be explored by the defense.

What if a witness gives a statement that the dog was aggressive and it scared them? That sounds like solid evidence, but what does it really say? Aggressive is a general term that can mean many things. In one case, the witness who labeled the dog aggressive meant that he had a lot of energy and played really hard or “aggressively.” In addition the fact that the dog scared them is really based only on their perception of the dog as a “non” expert, which has little meaning unless the dog actually demonstrated behaviors that were clearly threatening. A dog that barks at people passing the property may scare them but barking is not considered an aggressive behavior on its own.

Even a statement from a witness that the dog barks aggressively can be challenged unless it is dissected and proved to reveal truly aggressive behavior or just the witnesses’ personal observations and reactions.

4: DISCOVERY DOCUMENTS Basically, the laundry list of important discovery documents needed in a dog bite case or pet-related injury are well known.

As far as the dog is concerned, it is nearly always necessary to present veterinarian records, animal control records, police report, paramedic records if any, the names of any trainers and/ or groomers the dog has had, names of independent witnesses who are familiar with the dog, including neighbors, friends, others who have visited the home, etc. Other related documents that may prove helpful are AKC registration certificates, breeding documents if the dog, was imported as a puppy or as a trained dog and diplomas from any training schools the defendant claims the dog has attended.

Receipt of a veterinarian’s records doesn’t insure that you have all the information contained in them. These days, many veterinary clinics respond to subpoenas for records with digitized or computer printouts. As most veterinarians still write initial reports by hand, it is important to obtain both the handwritten notes and the computerized printout if needed to help decipher the doctor’s handwriting. In more than a few cases, notes containing the words “reactive” or “tried to bite” were written in the top corner of some records but were not transferred to the computer version.

5: WOUND EVALUATION If a plaintiff claims that a Rottweiler bit her arm and held it in its mouth for over two minutes while knocking her down and shaking his head, their wounds are “direct” physical evidence of the attack. An expert, court-qualified in wound evaluation, can give a strong opinions based on photos of the wounds as well as specific information that supports the plaintiff ’s version.

Victims of dog attacks are often not clear about every detail of the incident but their wounds, tell a complete story in a way that is hard to challenge. If there is too much disparity between the plaintiff ’s version and their actual wounds it can lead to a serious credibility issue.

6: CONSULT AN EXPERT It is vitally important to know as much about a case as possible, even before accepting it. Retaining an expert can be expensive, especially if your case goes all, the way through deposition and trial. However most, if not all experts offer an initial free consultation. The attorney can give a very general set of facts and pick the expert’s brain a bit. As no proprietary information is being exchanged, there is no risk to either party.n

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PRSRT STD U.S. POSTAGE

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Post Falls, ID PERMIT NO. 32

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