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The Gomez Law Firm is a nationally recognized trial firm. Our lawyers have collected over $250 million dollars in verdicts and settlements, and over 50 awards of more than $1 million dollars each. With those kinds of results, the accolades follow. U.S. News and World Report’s “Best Law Firmsâ€? recognizes us as a “Tier 1â€? firm for both personal injury and product liability litigation. John Gomez have been listed in “Best Lawyers in Americaâ€?, “Super Lawyers,â€? and have been recognized as National Lawyer of the Year. • Serious Personal Injury • Wrongful Death
• Mass Torts • Product Liability
www.thegomezfirm.com
Yolanda S. Walther-Meade, VP, Business Development 858.504.0188 | yolanda@thegomezfirm.com 625 Broadway, Suite 1200 | San Diego, CA 92101
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 105, 2012
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TABLE OF CONTENTS features
4 MAJOR BENEFITS FOR THE MICRO-BREAK FOR LAWYERS
2 0 1 2 E D I T I O N — N O .105
DAVID KELLER
8 CANDIDATE FOR SAN DIEGO SUPERIOR COURT JUDGE COMMISSIONER TERRIE ROBERTS
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14 COMMUNITY newsn 16 ATTORNEY OF THE MONTH
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KAREN FROSTROM
22 PROFESSIONAL PROFILE OF THE MONTH AHERN INSURANCE BROKERAGE 26 MEDIATOR OF THE MONTH MATTHEW ARGUE
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30 PICK YOUR PROSPECTS FOR MORE BUSINESS MARGARET GRISDELA
CREATIVE DIRECTOR Julianne Gleaton CIRCULATION Angela Watson PHOTOGRAPHY Bronson Pate Vinit Satyavrata
CONTRIBUTING EDITORIALISTS David Keller Margaret Grisdela
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28 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 Karen Gorden Bridget Brookman
28 NICHE PRACTITIONER OF THE MONTH PETER SCHULZ
EXECUTIVE PUBLISHER Brian Topor
WEBMASTER S. Chorng 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.
Cornell University
conducted
two
interesting
studies in the past that showed that workers who used their computer to remind them to take a micro-
2 hours or so had increased productivity: 13.4% in the 1999 study, and a keyboarding accuracy improvement of 59% in the 2001 joint study with Lockheed Martin. These micro-breaks could be as simple as a posture check, a stretch, standing up, or a walk to the water cooler. The Centered-AwareResourceful Button™ aka, the CAR Button™ which I will be describing acts as a productivity-enhancing “micro-break.” The Cornell University studies would suggest that you, too, set your computer, Blackberry or iPhone to alert you every 2 hours to take a microbreak. Researchers in Finland studied a group of nearly 800 workers for 28 years. Their study reveals, as related by Dr. Mika Kivimaki, the leader of the study, among their subjects, those who failed to find time to relax were more likely to eventually die of cardiovascular disease. The CAR Button™ reminds us to relax, reduce stress, and center our thoughts. In 2008, the Helen Dowling Institute, Center for Psycho-oncology, released a study in which the subjects who participated in a mindfulness-based stress reduction practice reported a better quality of life, more joy in life, less tension, and fewer negative physical symptoms. These beneficial effects appeared to be even stronger at followup. As part of the study, the participants learned a threeminute exercise in which they focused on their breathing as a tool to avoid a negative spiral of thoughts and emotions. “This exercise can be used when one notices that one is becoming absorbed in a stressful situation.” The CAR Button™ micro-break employs a focus on breathing as well. The Journal of Clinical Psychology in Medical Settings in 2008 published the results of a study introducing mindfulness in the form of brief exercises to clinical psychologists in training. The participants reported the brief exercise was a beneficial coping strategy, giving them the experience of having an increased propensity to act with awareness. Mindfulness refers to a form of attentional control and paying attention in a particular way: on purpose, in the present moment, and nonjudgmentally. As such, mindfulness can be contrasted with excessive rumination about the past or future, negative self-evaluation and behaving in a reactive or automatic way.[v] The CAR Button™ micro-break also incorporates attentional control. break every
Major Benefits of the Micro-Break for Lawyers by david king keller
David King Keller is author of the award winning book, 100 Ways To Grow A Thriving Law Practice. His latest book, The Associate As Rainmaker, Building Your Business Brain, is on the American Bar Association’s best seller list. David is an attorney rainmaker coach, MCLE instructor and business development trainer. He has lectured at UC Hastings College of The Law and The San Francisco Bar. He is a member of ABA, BASF, AAJ and LMA. His company website, www.KBDAG.com, lists numerous client testimonials and provides many free articles, including “Social Media For Lawyers.”
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WHY RAINMAKERS WANT THE CAR BUTTON™ Operating from fear and anxiety in the workplace
makes you unproductive. Whether it’s a stressful train of thought or unhelpful mental “chatter,” the CAR Button™ can interrupt the unhelpful thoughts and create an opening for thinking that is more on task. It is extremely important for rainmakers to walk into every situation as centered, aware and resourceful as possible— your job is basically persuasion, and you cannot be optimally persuasive if you’re experiencing excessive stress or apparent nervousness. Any quick and easy tool, such as a “button” on your hand that helps get you into a more grounded, centered and focused state of being, is an excellent productivity tool to have in your essential Rainmaker tool kit. Jill Bolte Taylor, a Harvard PhD and brain scientist who Time Magazine named as one of the most influential people in the world in 2008, says that after a fearful or stressful thought kicks in, there is an approximate biologic auto-response for about 90 seconds, and allowing the emotional stress to continue after that period is only due to the fact that we are not re-assuming control of our brain and what we’re thinking. “After reviewing a Japanese study on the value of six deep breaths, I do this whenever I’m stressed. It makes me feel calm almost immediately.” -Travis Stork, M.D. emergency medicine physician, Vanderbilt Medical Center, Nashville, TN, quoted in First for Women Magazine CREATING YOUR CENTERED-AWARERESOURCEFUL BUTTON™ AKA, YOUR CAR BUTTON™ Process summary:
1. On the fingerprint pad of your left little finger, imagine that you see a green circle with a “1” on it. Now press your left thumb against the green circle, release your thumb, and
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2. Now replace the green circle with a yellow circle with a “2” on it and press your left thumb against the yellow circle, release your thumb, and
3. Now replace the yellow circle with a red circle with a “3” on it and press your left thumb against the red circle, and then continue to comfortably press the red circle with your thumb while taking 6 deep relaxing breaths. At the end of the 6th breath, release the thumb and smile inside while imagining the slightest hint of a Mona-Lisa type smile on your lips.
Do this slowly and deliberately—it takes me about 36 seconds to go through the three steps. I’ve set my blackberry to remind me to use the CAR Button™ every two hours. Of course, there are some reminders I just ignore because I’m in the middle of something I cannot interrupt, but for a millisecond I think, “centered, aware, resourceful.” Try this not only when you need to calm yourself in preparation for an important meeting, talk or trial, but also periodically to maintain focus. Sometimes, I’ll just linger on the last part and take a few extra deep relaxing breaths, as the tension in my shoulders melts away and my whole body feels refreshed, yet with more focus, and clear-headed alertness.n
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T-MINUS
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TERRIE ROBERTS’ 20 YEARS OF SERVICE SKYROCKETS HER TO CANDIDACY FOR SAN DIEGO SUPERIOR COURT JUDGE. by jennifer hadley
p hotograph y by Bronson Pate
“A
s a little girl in 1972, I would watch Perry Mason on TV. He was so cool in court. Everyone would listen intently to every word he said. I thought to myself ‘I want to do that.’ I want to talk to jurors,” candidate for San Diego Superior Court Judge and current San Diego Superior Court Commissioner Terrie Roberts says. “But I remember thinking, ‘well, I don’t look like him, so I don’t think I can do that.’” Fortunately, she proved herself to be very wrong, to the benefit of herself and so many others. “Over the years, my mom repeatedly said that I should become a lawyer because I loved to argue.” Commissioner Roberts became the second person in her family to graduate from college when she received her degree in Business Administration. (Her father received a B.S. and Master’s Degree in Mechanical Engineering). She then took a job with a bank following graduation. But after a year, she knew she needed more of a challenge, and knew it was time to pursue the thought that had lingered in the back of her mind for years. Though, she admits to being fearful of entering law school. “Despite the fear, I forged ahead. Going to law school was the best decision I ever made.” She became the first lawyer in her family. Now there are actually two in the family – her younger sister is a lawyer as well. The Launch Pad After her graduation from what is now known as the Sandra Day O’Connor College of Law at Arizona State University, Commissioner Roberts set out to start a life in California. After passing the California Bar in 1992, she accepted a position with a small Los Angeles law firm. But 8
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while in San Diego to be sworn in, she submitted a resume to the Public Defender’s office and was hired immediately. “It was not complicated to choose San Diego over Los Angeles.” Roberts had officially launched her legal career. For the next three years, Commissioner Roberts would defend clients charged with various crimes, including individuals with drug and alcohol addictions, and individuals with mental illnesses. After three years, in that capacity Roberts again decided to challenge herself by branching out into a new field of law, where she would hone her skills trying civil jury trials and litigating complex business arbitration matters. She was mentored and worked hand in hand with civil litigator Beatrice Kemp for more than a year in this capacity before launching her own practice, The Law Offices of Terrie Roberts in 1996. Commissioner Roberts continued to handle civil and criminal matters while in practice for herself. Roberts remained a solo practitioner until 2001, when she returned to the public sector as a Deputy District Attorney. For the next seven years, Roberts would prosecute numerous cases, including home robberies, rape, kidnapping, mayhem and attempted murder. She achieved her childhood dream during her 16½ years of practice by standing in front of many jurors as a prosecutor, a criminal defense attorney, and a civil litigator. She has never forgotten though, the self-imposed doubt she had back in 1972. Today, there are many women and people of color who have become lawyers and judges. Seeing their achievements will decrease the likelihood of young girls having the same self-limiting thoughts she had growing up. “I would like for little girls to not have that same thought (that they are limited in what they can accomplish
JOURNAL
FEATURED PROFESSIONAL PROFILE
2012
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because they are not the same gender or race of another person). I don’t want any kid to have that thought.” In an effort to encourage kids to not only stay in school, but to excel, Commissioner Roberts has spent years talking to, mentoring, and reading to students in various schools and programs throughout the county, including in the AVID program, and at Porter, Johnson, and Laura Rodriguez Elementary Schools. Moreover, her unwavering commitment to diversity extended to her becoming a CoLeader of the District Attorney’s Diversity Pipeline program in 2007. This tireless work in encouraging students was about to have a marked impact not only on the students Roberts was spending her time with, but on her own career as well. Shooting for the Stars Although Commissioner Roberts had been a highly visible public figure in the San Diego community during her legal career, in May of 2008, while serving as a Deputy District Attorney, her service to the legal field and commitment to community efforts were very publicly recognized. She was awarded the San Diego County Bar’s elite Outstanding Service by a Public Attorney Award given for a Combination of Excellence in the Practice of Law with Service to the Community, the Profession, the Association or Legal Education. Concurrent with that accolade, Commissioner Roberts was selected to serve as a San Diego Superior Court Commissioner. For the past four years, she has presided over thousands of criminal and civil matters in her South County courtroom. Now, exactly 20 years after she launched her career, there seem to be no heights to which Commissioner Roberts can’t climb. As Election Day draws nearer, Commissioner Roberts continues to accrue endorsements for her candidacy from those she has had a direct impact on, and on those who have admired her professionalism, work ethic, sense of fairness, and commitment to diversity from afar. Sheriff William D. Gore, State Senator Christine Kehoe, State Assembly member Toni Atkins, State Assembly member Marty Block, San Diego City Council President Tony Young, San Diego City Council member Todd Gloria, and former San Diego Public Defender Steve Carroll have publicly announced their endorsement of her for Superior Court Judge. Legal organizations that applaud her efforts in diversity and publicly support Commissioner Roberts for judge include the Filipino American Lawyers of San Diego (FALSD), the Korean American Bar Association (KABASD), the Pan Asian Lawyers of San Diego (PALSD), the San Diego La Raza Lawyers Association (SDLRLA), the South Asian Bar Association of San Diego (SABA-SD), Earl B. Gilliam Bar Association (EBGBA), Iranian American Bar Association (IABA) and the Tom Homann LGBT Law Association. Law enforcement support, in addition to 10
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that of Sheriff Gore, has come from the Escondido Police Officers Association, the San Diego Black Police Officers Association, and the San Diego Community College Police Officers’ Association. Commissioner Roberts has certainly come a long way from the self-doubting little girl in 1972, to having achieved an exemplary legal career, and now a judicial career. Her decision to take on a county-wide judicial race is just another example of the high goals she sets for herself. When asked if running in the judicial race is scary, she responded, “Absolutely! However, doing what scares me has always resulted in a growing opportunity – so it’s so worth it.” Although she continues to spread the message of striving for excellence and constantly challenging yourself to young people everywhere, she, along with Greg, her husband of almost 16 years, are focused on first instilling that message and habit in their two daughters at home.n To learn more about the campaign, contact Commissioner Roberts at: 2127 Olympic Pkwy, Suite 1006, #337 Chula Vista, CA 91915 roberts4judge@gmail.com www.robertsforsuperiorcourtjudge.com
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COMMUNITY news nProcopio, Cory, Hargreaves & Savitch LLP is proud to announce that managing partner, Thomas W. Turner, Jr., has been chosen the 2012 “Law Firm Leader of the Year” by the Los Angeles Daily Journal. The success and growth of Procopio under Turner’s leadership has been exponential. His hiring strategy reflects his desire to build and maintain a legal powerhouse. With numerous lateral THOMAS W. TURNER, JR. moves from large law offices, Turner has attracted some of the legal industry’s brightest. Turner has doubled the number of attorneys since he took the helm in 2001 and now manages 120. Turner serves as the firm’s chief executive and chairs the Management Committee. He maintains his commercial real estate transactional practice, which includes office, industrial, technology, resort, healthcare, residential, retail, and mixeduse projects. Turner has been selected for inclusion in the Southern California Super Lawyers, is an AV rated attorney by Martindale-Hubbell, and is actively involved in numerous civic and charitable organizations.
nThe Gomez Law Firm has named James Iagmin “Managing Partner” of the Firm. Iagmin will manage the firm’s day-to-day litigation, personnel and business matters. John Gomez, the Firm’s founder, will assume the role of “Lead Trial Attorney.” Gomez stated, “Jim is a true lawyer’s lawyer. He understands and executes litigation at the very highest level. Our attorneys JAMES IAGMIN have gone to him for years for guidance and mentoring. Given his stellar successes both at trial and by way of settlement, it is only appropriate that he assume a more formal leadership role in the Firm.” Gomez added that he will now focus his time and attention almost exclusively on trial work and community service. “We have been an extraordinarily active trial firm in the past,” Gomez stated. “This change will allow us to try even more cases than we did previously. That is a huge advantage to our clients.” A graduate of the University of San Francisco Law School, Iagmin is a highly decorated trial attorney. He has for many years been named a Top 100 California attorney by the National Trial Lawyers, a “Top 10” San Diego Personal Injury Attorney and a “Super Lawyer” in the Personal Injury field. He also is a 3-time recipient of the Consumer Attorneys of San Diego’s “Outstanding Trial Lawyer” award. Most recently, he and Gomez obtained a $7.5 million verdict against Starbucks in a highly publicized slip and fall case. 14
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n Attorney Paul E. Burns with Procopio, Cory, Hargreaves & Savitch LLP, presented before the American Arbitration Association’s Annual Neutrals Conference held in Phoenix, Arizona on “Managing Electronic Discovery”. Burns practices out of Procopio’s Silicon Valley and San Diego offices. Mr. Burns is recognized as a national PAUL E. BURNS expert in Electronic Discovery. He designed and teaches one of the first courses in the country on the subject, contributing to the law school casebook Electronic Discovery and Digital Evidence. He has spoken on the subject of E-Discovery to the American Bar Association, the District Conference of the U.S. District Court in Arizona, along with numerous business and legal organizations. With more than 120 attorneys, Procopio, Cory, Hargreaves & Savitch LLP is one of the largest full-service business law firms in California. nBloomberg BNA has announced the publication of the Second Edition of Intellectual Property Law in Cyberspace. The Editor-in-Chief of Intellectual Property Law in Cyberspace, Second Edition, is G. Peter Albert, Jr., a partner with Albert Dhand, LLP, and San Diego, CA, whose practice encompasses all phases of international patent, trademark, and copyright litigation. G. PETER ALBERT, JR. The Second Edition has been updated to include new developments since the publication of the first edition more than a decade ago and offers fresh perspectives on the unique issues related to IP law in cyberspace.
nThe attorneys at Estey Bomberger have filed a lawsuit against a trucking company after a truck vs. pedestrian collision claimed the life of a 65 year old woman late last year. The suit against T&T Crane and Truck, LLC was filed on March 13, 2012, on behalf of the victim’s son, Edward Woodruff, in Ventura Superior Court. According to the lawsuit, the woman STEPHEN ETSEY was killed when she was struck by a commercial truck as she began her early morning walk with her dog. The lawsuit alleges that the truck driver is responsible for Reed’s death. “In this case, the defendant driver was not paying
COMMUNITY news attention. This tragedy could have been easily prevented,” said Stephen Estey, founding partner of Estey Bomberger. “Our client was a pedestrian in a marked crosswalk. Had the driver simply followed basic rules of the road, she would be alive today.”
nSAN DIEGO IP LAW GROUP LLP is pleased to announce the hiring of Dr. Kathryn Prickett as a technical advisor. Dr. Prickett focuses on drafting patent applications and providing technical assistance to the Firm in the fields of biotechnology, pharmaceuticals and pharmaceutical chemistry. With over 20 years of experience in the biotechnology industry, Dr. Prickett has DR. KATHRYN PRICKETT held various positions with Immunex Corporation, Amylin Pharmaceuticals, and Sirna Therapeutics, among others. Dr. Prickett holds a Ph.D. in pharmaceutical chemistry and is the inventor or co-inventor on over 25 issued U.S. patents. San Diego IP Law Group LLP is an intellectual property and litigation law firm that specializes in patent and trademark prosecution and litigation, as well as general business and commercial litigation. We are comprised of former partners and associates of major national and international law firms, former law clerks and patent examiners, and our professionals hold advanced degrees in numerous technical disciplines.
Resolution Center in 1983. With more than twenty years of experience, NCRC is recognized as an international leader in mediation instruction and conflict resolution. nEugene R. Long, Jr., Esq., PHR has joined Brown Law Group as a new associate. Mr. Long comes to Brown Law Group, a leading San Diego business litigation boutique law firm, after serving as an Assistant U.S. Attorney in the area of civil litigation. Mr. Long primarily conducted employment defense litigation in response to claims brought by government employees. EUGENE R. LONG He was responsible for all phases of litigation of contested wrongful termination claims. Prior to his position as Assistant U.S. Attorney, Mr. Long worked with King & Ballow, a full-service national law firm in La Jolla as a litigation associate, where he litigated contested wrongful termination, discrimination, harassment, and wage claims on behalf of employers as well as general commercial matters in federal and state court. Mr. Long earned his law degree from the University of Chicago Law School. He completed his undergraduate work at Virginia Military Institute in 1994. He is a member of the Lawyers Club of San Diego and the San Diego County Bar Association.
nThe National Conflict Resolution Center is proud to announce a new specialty service, The Land Use and Environmental Mediation Group. Comprised of five mediators, this group brings a wealth of experience and years of specialized practice dedicated to resolving environmental, land use, energy, and public policy issues. One of the five mediators, Richard RICHARD CAPUTO Caputo, enjoys distinguished careers as both a scientist and a mediator. Over a 50-year span, including 15 years as a manager at the California Institute of Technology Jet Propulsion Laboratory, he has designed energy systems for spacecraft, created new solar technology, and evaluated Western Europe’s energy future. In 2008, he wrote and published “Hitting the Wall: A Vision of a Secure Energy Future.” Mr. Caputo currently serves on the Board of the American Solar Energy Society. The University of San Diego Law Center and the San Diego County Bar Association founded the National Conflict Attorney Journal | Volume 105, 2012
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KAREN FROSTROM PROVES THAT YOU DON’T HAVE TO GO TO WAR TO WIN. by jennifer hadley
“W
hen I was 12, the only thing I knew about attorneys was that they were trained to argue well. That seemed like a skill that I wanted to learn, so I decided to be an attorney. I changed my mind two years later when I lost my hearing because I thought that you could not be a good attorney if you had hearing problems. During college, however, I served on a three week criminal grand jury. Sitting in that room, I realized that with my hearing aid, I was able to participate in the process as well as the attorneys, and it made me realize, I could still be an attorney,” says Karen Frostrom, partner with Thorsnes Bartolotta McGuire. From the minute you hear Frostrom speak, it is evident that this can-do attitude towards against-the-odds obstacles has been instrumental in her success in the highly specialized and male dominated fields of condemnation/eminent domain, municipal redevelopment, land use, business litigation and contracts. Equally as obvious is her courteous demeanor, which, as her record has proven time and again, is not synonymous with being a pushover. On the contrary, in Frostrom’s case, nice girls absolutely finish first.
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was remarkably up to a better standard than I was used to seeing from the plaintiffs. It looked as if someone had actually sat down with a fresh piece of paper,” she says. As a result, Frostrom researched the practice, found they’d had a strong presence in San Diego since 1978, and when she finished her externship, she applied to the firm. But Frostrom took another blow two days before she was scheduled to take the California summer bar exam, after which she planned to clerk for the Nevada Supreme Court. She was diagnosed with cancer. Again, in form true to her character, the diagnosis rolled off her; she sought successful medical treatment, preferring to stay with her doctors in San Diego, and was offered a job with Thorsnes Bartolotta McGuire. She accepted immediately.
Learning To Roll With The Punches It was when Frostrom was in 8th grade in Pennsylvania that she first learned how to roll with the punches. She was diagnosed with otosclerosis, a rare ear condition which, in 99% of cases, can be corrected with surgery. Frostrom fell into the 1%, losing hearing in her right ear. As a result, she opted not to have the surgery on her left ear, deciding instead to use a hearing aid. Frostrom didn’t miss a beat, graduated from high school and set her sights on San Diego State University for undergraduate work. Her efforts in undergraduate work paid off and Frostrom was awarded a full scholarship to California Western School of Law. During her third year of law school, an externship with the federal district court would prove to have a lasting impact on the way that Frostrom would practice law in the future. “My job was to review the civil motions and prepare memoranda for the judge to consider in making his ruling. I noticed that most of the ill-prepared briefing came from the plaintiff side of the case. The briefs had portions missing, typos, missing links and were very unclear,” she says. Laughing, she adds, “A lot of the time, it looked like people had just cut and pasted them together.” However, one of the cases stood out. It was being handled by Thorsnes Bartolotta McGuire. “The briefing provided by them 18
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Ready To Fight…Fairly Thorsnes Bartolotta McGuire “usually represents the little guy against the big government or big developer types,” Frostrom says. Moreover, “we are trial lawyers, not litigators. When we take a case, we immediately prepare for trial. We do as much discovery and motion work as we need to, but trial is always our focus,” she adds. “This has given us the reputation of not being afraid to go to trial, so defendants know that if they don’t settle with us, we will take it to the mat,” she says. However, what the firm won’t do is fight dirty. “So many lawyers think that you have to fight over everything or people won’t listen to you. Or that your success is measured by the number of motions that you file instead of working things out like a civil person. When I’m in court, I’m as feisty as can be, but when we’re just working out case issues, there is no need for gratuitous nastiness. Being a lawyer is stressful enough, without running around making up stuff. The ‘gotcha’ mentality bores me. If you’ve got a good case, put it on. If you don’t have a good case, get the best that you can for your client. But play fair. It is, after all, called justice.” To that end, Frostrom, her partners and the associates with the firm take the approach of presenting their cases as stories. “Even if land is the central dispute in the case, there are still people involved and all of those people have stories and relationships with the land. There are lives being lived on or around the land. There is always something unique and we try hard to find and display those facts. We also try to simplify the facts. In land use cases, there tends to be a lot of lingo and industry terms. People try to impress the court and the jury by tossing those terms around a lot. We try to do the opposite, to break the process down so that a second grader could understand it,” she explains. In many cases, because Frostrom has such a narrowly focused specialty in an area of law in which not many people practice there are many things about land use and planning that are completely unknown to large portions of the legal community, including judges. This is particularly true for eminent domain litigation. “It has a special set of rules that are not used in any other type of case. We find that even judges will often
be unfamiliar with the concepts and rules used in these cases. My job is to educate them,” she says simply. “I never try to intimidate a judge with statutes. Good judges know when they are in unchartered territory, so I just encourage them to step back and look at what the statue says.” Of course, occasionally, but not often, Frostrom has the luxury of working with judges who are extremely conversant in these highly specialized laws, which makes her job a bit easier. However, Frostrom has never opted for the easy route just because it’s easy. Her position as the only female partner with Thorsnes Bartolotta McGuire, and often the only female in the courtrooms, on conference calls and in her specialized field of eminent domain, gives her a unique perspective when fighting for clients who feel outnumbered or intimidated by the government or powerful developers. In fact, it was specifically this type of case that made Frostrom a household name when it comes to fighting land use cases. “In Mesdaq v. City of San Diego et al., I learned so much about the true inequities that happen when politics trump righteousness,” she says. In that case, Frostrom’s client, who had emigrated from Afghanistan due to a threat on his father’s life, had successfully completed his education in the restaurant industry, and had opened the extremely successful Gran Havana Cigar Lounge.
“He did not know that when he bought the building that the city was working with a developer who had lost out in condemnation during the ballpark project to do a deal that would result in condemnation of the Gran Havana property. Our client knew the developer personally and was certain that the hotel he was promising to build would never come to fruition. We in turn told the city and the court that they should require more of a commitment and proof from the developer of its ability to build the hotel before crushing our client’s business. No one listened to us,” she says. Immediately after the developer received possession of her client’s newly renovated building, the developer destroyed it and laid a parking lot. The parking lot remains to this day, and the city has come forward admitting that the hotel will never be built, due to the developer’s lack of resources. Although a new fight, in which Frostrom’s team has asked the city to sell the property back to her client, is ongoing, this case marked a turning point in Frostrom’s career. “I was a young associate who hadn’t developed a niche yet. Mesdaq was one of my first eminent domain cases. I was surprised how much I liked them. I joined the real estate and eminent domain sections of the bar and started reading about the area of real estate litigation.” This highly specialized area was a natural fit for Frostrom, and Attorney Journal | Volume 105, 2012
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Plan of Attack For The Future As for her future with Thorsnes Bartolotta McGuire, Frostrom has no desire to go anywhere. “We are on our way to the moon. It is crazy busy, and we’ve built a great team that can take it on. Our referral base is strong and growing. We have developed a great niche practice that we all enjoy. We try to make sure we’re on the ‘right’ side of a dispute, and that we can fight for a righteous result. A jury can tell when you’re just fighting and when you actually care. We get to know our clients as best as we can. Many times, even years after a case is over, we are still in contact with them and they share news with us about new business successes and important happenings,” she says. For all of the fighting she’s happy to do for her clients, Frostrom prefers to handle cases without engaging in “warlike conduct,” finding it frankly, a waste of time. But as anyone who’s gone up against her in trial can attest, Frostrom may lay out the proverbial ‘welcome’ mat but those who try to walk all over her clients like a doormat had better be prepared for a friendly fight.n
EXPERIENCE
her peers recognized it. In 2006, she was awarded with Outstanding Trial Lawyer for her work on Mesdaq v. City of San Diego et al. The next year, she made partner at Thorsnes Bartolotta McGuire, and received two more consecutive Outstanding Trial Lawyer Awards in 2007 and 2008, for Southern v. University of California and Anderprises adv. Caltrans, respectively. But for Frostrom, the real rewards came from the knowledge she gained about the way the government treats individuals. Chuckling, she says, “If you think the government has problems, wait until you hear their solutions!” Fortunately though, her bird’s eye view of how land use disputes are typically handled allows her to be a tremendous asset for her clients. “The problem with land use cases is that by the time these cases become visible, minds are often made up,” she says. “The lessons I learned in the Mesdaq case showed me that wherever possible, find a solution before it goes too far, and becomes too entrenched. I can protect my clients, and it helps the government save face as well.”
»»EDUCATION: • BA, Political Science, SDSU, summa cum laude • JD, California Western, magna cum laude
»»ASSOCIATIONS AND AWARDS: • SD County Bar Association: Former chair, eminent domain
committee. Former chair, legislative committee. Current member of both committees • SD Lawyers Club: Former chair, legislative committee • Consumer Attys SD: Board of Direct, current. Monthly editors, real property column
Thorsnes Bartolotta McGuire 2550 Fifth Avenue, #1100D San Diego, CA 92103 p (619)-236-9363 frostrom@tbmlawyers.com WWW.TBMLAWYERS.COM
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Attorney Journal | Volume 105, 2012
• Three Trial Lawyer awards • Superlawyers: Members • Conference of Delegates: Former member, resolutions committee • Board of Directs, current • GS of America: Former troop leader
Attorney Journal | Volume 105, 2012
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SECURITY IN SPECIALIZATION
AHERN INSURANCE BROKERAGE: HOW MUCH INSURANCE COVERAGE IS ENOUGH? by bridget brookman
O
ne of the most important aspects of running a law firm is securing
Diego and considered the preeminent
the proper insurance coverage. Although
the southwest, Ahern is moving to a
California does not require mandatory
national platform. “We have a vision to
professional liability insurance coverage
grow, and we are very well positioned
for law firms and sole practitioners,
to do so,” Ahern says. “It is a great time
most in the legal profession will agree
for expansion with the legal industry
such coverage is vital. Since 1997, Ahern
rebounding from a rough few years. We
Insurance Brokerage has been in the
are seeing a significant number of firm
business of providing law firms with
acquisitions, lateral moves and other
the appropriate coverage to ensure the
indicators that law firms are looking more
wherewithal required to run a successful
toward the future.”
and secure practice.
promulgated by the addition of Rian
solution that works for every law firm.
Jorgensen, J.D. as senior vice president
Ahern Insurance strives to understand
and counsel. Jorgensen comes to Ahern
the customer’s individual needs, which
from Marsh Risk and Insurance Services,
will vary depending on the size of the
where he was insurance counsel on
firm, area of practice and history of
behalf of policyholders who had secured
claims. Ahern employs 33 professionals,
D&O, EPLI and E&O policies through
including 11 brokers, and has offices
Marsh. Drawing upon his 25 years of
throughout California. The Ahern team
experience in loss prevention support,
works with clients on an in-depth basis by
risk management and the practice
building long-term relationships, not just
of law, Jorgensen will provide clients
making a quick sale. President W. Brian
with risk management consulting and
Ahern worked for Arthur J. Gallagher,
insurance coverage counsel. He will also
the fourth largest insurance broker in the
be responsible for helping Ahern launch
country, before starting his own business.
and brand the firm’s “In-House Risk
“By creating my own agency, it allowed
Management Program and Services.”
me to create an environment where
Additionally, Jorgensen will assist in the
working with my client base of lawyers
development of a regional and national
came first,” Ahern says.
platform for securing large law firm business.
Loyalty.
Attorney Journal | Volume 105, 2012
This new focus on larger law firms was
There is no one-size-fits-all insurance
Focus Means Growth while Building
22
independent insurance brokerage in
While positioning to compete with national insurance providers, Ahern is
Currently, Ahern’s niche includes small
committed to continuing its focus on
and mid-sized regional law firms between
providing small and mid-size law firms
one and 200 attorneys. Based in San
with the quality professional liability
photogra phy by Bronso n Pa te
JOURNAL
FEATURED PROFESSIONAL PROFILE
2012
Attorney Journal | Volume 105, 2012
23
insurance solutions that has been its hallmark for 16 years. “These clients are the heart and soul of our firm. They have been the foundation on which our firm has grown and achieved its current level of success, and we will remain committed to these clients and their needs,” says Ahern. This isn’t Ahern’s first business expansion. In 2008, he formed a new division, Ahern|ELT Insurance Services, LLC, which provides employee benefits including medical, disability, life and retirement benefits plans specifically tailored to meet the needs of law firms. Based on the company’s understanding of law firms, a strong mix of benefit solutions and funding arrangements, and the strategic hiring of experienced employee benefits experts, the expansion has been a success. Ahern has earned the certification of Registered Professional Liability Underwriter specialist (RPLU), a distinction held by a limited number of insurance professionals. He has also seen the insurance landscape change over the years. “Right now, if you look at professional liability insurance rates, they are at an eight-year low. The insurance business is a cycle. This industry is becoming more fine-tuned, and law firms find insurance brokerages that understand the legal industry to be a great asset,” Ahern says. Based on his experience as a business owner as well as his expertise in the insurance industry, Ahern often serves as a sounding board for clients and provides business advice to seasoned attorneys as well as new lawyers. What Young Attorneys (and All Attorneys) Need to Know Malpractice is an aspect of practicing law most attorneys would prefer to not think about. However, having proper professional liability (malpractice) insurance coverage from the day you begin your law practice is imperative. According to Ahern, lawyers in the Golden State have additional challenges. “California is one of the most high-profile states with regards to claims activity. It also has the attention of the insurance companies because of the total number of policies written in the state due to the large number of practicing attorneys. This can make the process of securing insurance more expensive and more complex.” The foundation for any firm is a professional liability policy, which covers damages resulting from the delivery of professional services. Several factors determine how much liability coverage each practice/sole practitioner should have. Certain areas of law have a higher frequency of claims than others, and according to Ahern, personal injury and real estate top the list. Another aspect of determining insurance coverage is the monetary value 24
Attorney Journal | Volume 105, 2012
of the firm’s cases and the potential damages should a claim arise, especially from one of the larger suits. “So many issues are involved in selecting the right insurance for legal service providers that it’s important for law firms to work with someone who knows your business and your areas of law,” says Ahern. An experienced insurance broker can help you determine how much coverage you need and help you secure favorable premiums. Ahern encourages law firm partners to look beyond the professional assets of the firm and consider their personal assets, which may also be at risk in a malpractice suit. Most importantly, notwithstanding the specific requirements of California LLCs and APCs, the professional liability insurance coverage must meet the entire needs of a firm or it will fail the intended purpose. Ahern believes his team’s focus in the legal industry ensures the best answer to the question: how much coverage is enough? “There is no one answer to that question,” he says. “Each law firm is unique. Taking what makes a law firm different from the rest and using that info to get our clients the proper insurance coverage is our mission.”n
Fisher & Phillips Value Atlanta Boston Charlotte Chicago Cleveland Columbia Dallas Denver Fort Lauderdale Houston Irvine Kansas City
Many law firms talk about value as if it’s a new concept. At Fisher & Phillips LLP, our commitment to value dates back to the founding of the firm nearly 70 years ago. So how do we provide this value? We do only one thing: Represent employers in labor and employment matters. You benefit from our deep and broad expertise in the area of the law we know best. Our attorneys treat your legal problems as business problems, and help you avoid legal disputes. We are responsive, we are economical, and we reward our associates for quality work, not just for billable hours. We are national and local, with attorneys in 27 offices around the U.S. For more on the Fisher & Phillips Value Statement, go to www.laborlawyers.com/value.
Las Vegas Los Angeles Louisville Memphis New England New Jersey New Orleans Orlando Philadelphia Phoenix Portland
San Diego 4747 Executive Drive Suite 1000 San Diego, CA 92121 phone: (858) 597-9600 toll free: (866) 424-2168 fax: (858) 597-9601 San Francisco Tampa Washington, DC
Spencer C. Skeen Partner sskeen@laborlawyers.com
Fisher & Phillips attorneys at law
Solutions at WorkÂŽ www.laborlawyers.com
LLP
Attorney Journal | Volume 105, 2012
25
PEACEMAKER
THE
by jennifer hadley
MATTHEW ARGUE’S KNACK FOR RECONCILING SEEMINGLY IMPOSSIBLE CIRCUMSTANCES TRANSCENDS PERSONAL OBSTACLES AND BRINGS PEACE TO CLIENTS
JOURNAL
FEATURED MEDIATOR
OF THE MONTH
In 2000, Matthew Argue had what many would consider an enviable law practice. As partner and head of the construction litigation group at Procopio, Cory, Hargreaves & Savitch LLP, he’d begun to reap the efforts of 70 hour work weeks for more than a dozen years. Although he very much enjoyed life as a trial lawyer, at times it would conflict with his innate peacemaking orientation. “Even as a trial lawyer,” says Argue, 26
Attorney Journal | Volume 105, 2012
“I often had an associate who was the more aggressive personality. I’ve always felt called to do work in reconciliation.” For Argue, that peacemaking call came quickly and unexpectedly. WHEN ONE DOOR CLOSES, ANOTHER DOOR OPENS It was January of 2000, when Argue was first diagnosed with testicular cancer. At the time he and his wife had not yet
2012
had children, and the surprise diagnosis left him questioning whether that dream would ever come to fruition. True to his nature, he remained upbeat. “My wife and I never thought it was a ‘bad’ thing,” he says simply. “I always believed that cancer was an obstacle that I could overcome.”
Following surgery to remove the tumor, Argue was back to the law practice as usual. This time however, he started to realize that the stressful workload he was carrying might be impacting his health. A year later, when Argue returned to his oncologist for an annual follow-up, his suspicion was confirmed as a new hurdle presented itself. He was diagnosed with cancer for a second time. This time, surgery was not an option as a tumor had developed on the lymph nodes between his kidneys. His firm, Procopio, Cory, Hargreaves & Savitch, was both understanding and compassionate knowing that maintaining the breakneck pace of being a trial attorney would not be possible. Reluctantly, Argue accepted the firm’s offer of a three month leave of absence. “After getting cancer the second time, it was a huge wake-up call. I had a lot of questions. I knew that working 70 hours a week was not the path for me if I wanted to stay alive.” Argue withdrew from his partnership within the first month of his leave and began to think about his professional future. “I needed to figure out what I wanted to do,” he says. It was during this time of transition when the peacemaker inside began to surface. First, he attended Bible College for two years and in the process he learned that “I am not in control of my life. I can’t control everything,” he says. “There is a purpose in my life. I am far less concerned about failure than living for something that I am passionate about,” he adds. This clarity of thought led to new career possibilities, with mediation and other forms of dispute resolution among them. But it would take his being invited to an annual dinner held by his previous firm to give him the final nudge he needed to open the door to a new life resolving disputes. EVERY CLOUD HAS A SILVER LINING When his previous firm encouraged him to consider becoming a mediator, Argue admits that “At the time it was daunting. Most people agreed it would
take close to five years before it would become a full-time practice.” However, he also realized that he had alighted upon an opportunity to use his “natural ability to find consensus and to be a peacemaker,” he explains. Argue dove into the training with gusto. He enrolled in a mediator credentialing program, took numerous training courses, amassing more than 100 hours of live training. However, the greatest learning experience he received came in the form of a mediation externship with a well-recognized and highly regarded retired Federal District Court Judge. From this hands-on experience, he was able to formulate some philosophies that have stuck with him throughout his now eight years as a mediator. “I believe that being a good mediator involves more than technical skills, but requires putting other’s needs before your own, and being willing to forgive others to move forward,” he says. Moreover, he adds, “I believe mediation needs to be respectful, courteous, confidential and positive.” Argue found the perfect partnership to provide this service when he joined Arbitration Mediation & Conciliation Center. Specifically, he credits his collaboration with Ross Hart, Esq., one of the top construction related mediators in the country, as a primary reason for his burgeoning success resolving construction, real estate and insurance disputes. Despite the support from AMCC, Hart and the others, it was Argue’s finely tuned listening and client service skills that helped him develop a reputation as one of the region’s top mediators. To illustrate, he explains “Luxury single family home construction defect cases can be difficult to resolve due to feelings of betrayal by homeowners and by the willingness to go to trial to have personal feelings vindicated. Cases are often expensive and both sides have financial resources to continue the fight. I have been successful in helping homeowners and builders to resolve personal issues as a part of the settlement of the case.”
MORE THAN JUST HALF FULL; HIS CUP RUNNETH OVER Matthew Argue has learned to expertly blend his knowledge of people, his knowledge of the law, and the life lessons he was forced to learn into becoming a highly skilled and effective mediator. He’s learned a tremendous amount about what’s important in life, including not taking anything for granted. Indeed, there was yet another battle with cancer in Argue’s life. In 2009, he was diagnosed with cancer for the third time, and this time it was leukemia, which would require a bone marrow transplant. Fortunately, his only sibling, a sister was a perfect bone marrow match, and Argue responded well to the transplant. He has been in remission for over 2 years. Despite or because of it all, Argue remains unfailingly upbeat and unfazed. The fears about not having children never materialized as he and his wife Michelle were blessed with two healthy sons, Luke and Liam, respectively ages 11 and 9. “We are a close knit family… We celebrate life every day knowing that the future is not guaranteed and we try to live each day as a gift,” he says simply. He also considers the changes in his life as completely positive “Becoming a mediator is a dream job, a job I believe I am called to, and a job I never would have found but for my bouts with cancer. I am truly blessed."n
ONE MEDIATOR 600 W. Broadway, Suite 1200 San Diego, California 92101 (888) 704 5556 mattargue@onemediator. www.onemediator.net
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DEDUCTIVE REASONING by jennifer hadley
IF PROBLEM-SOLVING AND OPEN COMMUNICATION ARE BENEFICIAL, THEN THE BENEFITS ARE TO PETER SCHULZ’S CLIENTS AND REFERRING PARTNERS.
JOURNAL
FEATURED NICHE PRACTITIONER OF THE MONTH
2012
“I have always been drawn to the thought process one goes through in the practice of law. It started in college with mathematics, logic and problemsolving. The deductive reasoning and analysis has always come naturally to me,” Greco Traficante Schulz & Brick’s Managing Partner Peter J. Schulz says. Perhaps it runs in the family. The Wisconsin native’s father is a
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trial lawyer, so advocacy may be in his blood. Although the ability to advocate logically for clients is a must-have for any successful lawyer, equally important to Schulz is a willingness to maintain ongoing communication with his clients, no matter how busy he may be. Indeed, when contacted for his interview, the AV® Rated Martindale
Hubbel attorney was busy prepping for trial in federal court the next morning while concurrently preparing to provide expert testimony on behalf of a local law firm engaged in a fee dispute with an insurance carrier who had retained the firm as independent counsel. Busy as he is, Schulz still places the highest priority on answering calls.
THE ANTECEDENTS OF SUCCESSFUL ADVOCACY For Schulz, after graduating from California Western School of law, where he’d been the recipient of the American Jurisprudence Award in both Legal Skills and Trial Practice, and had also served as an Honor’s Instructor for Legal Skills, the first business he needed to attend to was carving out his niche. “Throughout my life, I have always been a leader, someone who takes pride in making my own way in the world. There are so many talented lawyers out there and I really needed and wanted to find a way to separate myself from the rest, and put myself in a position to build a practice and reputation. I spent the early years of my practice working on litigated matters involving construction, real estate, copyright and trademark. However, it never felt like I had found a practice that was special or in-demand,” he reflects. “It was through the mentoring I received from my (now) partner Clyde Greco, Jr., where I ultimately discovered my place. Having started out working mostly for insurance carriers, I learned how carriers approach claims and the business of insurance. Using that experience in combination with my litigation experiences in a variety of areas I began the transformation to representing insureds,” he says. The transition resulted in a perfect fit in more than one way. First was finding his place in a firm that would encourage him to continue making his own way. Schulz says, “Very early on, there was a great deal of chemistry with Clyde Greco, Jr., Paul Traficante and I. After two years, they promised me a partnership track and after five years made me a junior partner with a full partnership shortly thereafter.” The transition also fit, because Schulz’s practice had become increasingly more focused. “I had begun to build a referral network with several first rate attorneys in town who would come to me when
they were having insurance issues. This included a number of HOA clients, property management companies, mortgage loan brokers, contractors and real estate developers,” Schulz explains. The more often he was called in for his expert opinion and assistance, the more word-of-mouth referrals poured in, and for good reason. “I am called in by other lawyers to help clients understand the insurance situation they are in, and provide confidence that every opportunity for coverage has been considered,” he says. Of course, in order to provide that confidence, Schulz culls from his strengths in problem-solving and logic. “If I had to say what sets me apart it would be my ability to find coverage where others may give in to the carriers’ position,” he says humbly. “My end goal is to get the carrier to take care of its insured in a way that best serves the client’s needs. Sometimes that means taking it out of harm’s way by settling, other times it means fighting to the bitter end and standing behind the result,” he adds. A FORMULA THAT WORKS However, all of the ability to find coverage is useless if that information is not communicated properly to Schulz’s clients and the clients of his referring lawyers. “My practice is very much dependent on other lawyers seeing the need for my services and their willingness to recommend bringing me into the litigation,” he explains. From a logical standpoint therefore, it is crucial that Schulz communicate honestly, openly, and perhaps most importantly, quickly. “In this day of instant communication, it’s a constant struggle staying a step ahead. However, that is the key in this business-you always have to be a couple of steps ahead of your opposition. The same holds true with client relationships-I have to take the time to talk to clients, explain the process, explain the risks, and keep them apprised of what is going on at
every step. Clients pay a lot of money for legal representation and I never forget that. They not only need to see the results, but they want to be part of the process. At the core of every lawsuit you will find people who want a voice or who have an opinion. I take the time to listen and understand what those people have to say. I have learned that despite all of the technology out there, talking to people face to face is still the best way to solve problems,” he concludes. It makes perfect sense that Schulz’s pragmatic approach to problem solving often results in his referral partners telling clients that “if anyone can bring the carriers around, it’s Peter.” With his problem-solving savvy, and steadfast dedication to “moving fast and being responsive,” Schulz’s business is thriving. Moreover, as a result of his pragmatic and good-natured demeanor, he has a fulfilling personal life that has stemmed from his professional life. “I am truly blessed to have spent the entire 18 years of my practice in this firm and have the utmost respect, trust and love for my partners and everyone at the firm,” he says. Similarly, that group of networking partners he credits with a great deal of his success? They spend evenings after work, and weekends playing golf and blowing off steam. “Nothing can compare to the camaraderie of hitting the links with my friends on a sunny San Diego weekend,” he says. “I later learned that after only 20 minutes of deliberation, the federal court jury returned a verdict in favor of Schulz’s corporate client.” n
GRECO TRAFICANTE SCHULZ & BRICK 185 West F Street, Suite 400 San Diego, CA 92101 (619) 234 3660 pjs@gtlaw.cc www.gtlaw.cc
Attorney Journal | Volume 105, 2012
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Simply waiting for the phone to ring is certain to slow your sales growth in today’s economy. Law firms that want to be proactive in attracting new business should have a list of ideal prospects they are actively working for new business development.
Pick Your Prospects for More Business
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 105, 2012
CREATE A PROSPECT “WISH LIST” Your wish list is 10-20 high quality prospects that you would really like as clients. This is where you want to spend a considerable part of your personal business development time. Determine who the hiring contact is for your legal services, and how you might arrange an introduction to this person. Research what community or industry organizations they might support, and try to attend the same events. Perhaps you can make an initial connection on LinkedIn or through a trade association. Always focus on what the next steps are with each wish list prospect. These steps will follow the basic business development activities of getting an introduction, becoming acquainted with the person and/or firm, building a relationship, discussing specifics of a business proposal, and hopefully signing an engagement letter. By focusing on several wish list prospects, you can keep each one moving forward at a comfortable pace without being rushed. Don’t confuse your wish list with firms that may already be in your sales pipeline. Wish list prospects are those who have not yet established contact with your law firm. Also, keep in mind that 5-6 touch points are the minimum before most prospects feel comfortable engaging your firm. BUILD A PROSPECT LIST REFLECTING YOUR IDEAL CLIENT In addition to your wish list, consider building a target list of at least 200-500 prospects for your legal services. These prospects will meet the basic criteria of your ideal clients. You can use your list for mailings of your quarterly firm newsletter or to invite prospects to one or more seminars or webinars that you offer. Law firms that focus on a corporate market for services like employment law or intellectual property can obtain lists from firms like Dun & Bradstreet, Experian, or InfoUSA. Create the targeted list you need by selecting companies based on industry, headquarters location, annual revenue, number of employees, number of years in business, or type of ownership. Once you have identified the companies, you may also be able to get the names of key personnel, like the CEO, CFO, or Human Resources Director. If referrals from other attorneys are important to you, consider purchasing a mailing list from your state bar association. You may be able to specify selection parameters like county, zip code, section, and other variables. Attorneys who target consumers for family law, trust and estate, or personal injury services can also purchase lists. Demographic selection criteria, including location and type of residence, age, income, presence of children, and education level, all help to refine your target audience.
Many magazines rent subscriber lists, either directly or through a list broker. If there is a magazine that caters to your target market, explore whether you can reach out to their readers through direct mail marketing as a supplement or an alternative to a print ad in the magazine. Even insurance defense firms, which need to be named as panel counsel, can create a list of insurance carriers and selfinsureds they would like to serve. MARKETING TO YOUR LIST Research indicates that it takes a minimum of five to six contacts within an 18-month period for prospects to develop into clients. While this may sound like a long time, once you get an effective marketing system in place, it will begin to build your practice for the longer term. A typical campaign schedule might include a printed or electronic newsletter every two to three months, supplemented by seminar invitations, emails introducing an informative video, and direct mail copies of articles you have published. Over time, your prospects will become more familiar with your firm’s services. Prospects eventually turn into clients, at which point your goal is to provide the best service possible. Remember that marketing is a process and not an event; prospect development is just one of many marketing initiatives available. Referral networking, speaking, publishing, and Internet marketing also remain essential.n
Attorney Journal | Volume 105, 2012
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PRSRT STD U.S. POSTAGE
PAID
Post Falls, ID PERMIT NO. 32
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Attorney Journal | Volume 105, 2012