Attorney Journal, Orange County, Volume 121 by Attorney Journals

ORANGE COUNTY

Volume 121, 2016 • $6.95

PROFESSIONAL PROFILE OF THE MONTH

Sanford Heisler Kimpel LLP

The Sum of San Diego’s Greatest Plaintiffs’ Parts Practical Ideas on Client Development for Associates

Cordell M. Parvin

The Art of Error Recovery

Norm Hulcher

The 5 Truths Every Attorney Needs to Know About Referrals

Stephen Fairley

Motivate Clients and Prospects with the Fear of Loss

Trey Ryder

Is Your Vocabulary Costing You Money?

Tom Hopkins

Law Firm of the Month

BRUNO|NALU, A Law Firm for Lawyers

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ORANGE COUNTY CORPORATE REAL ESTATE ADVISORS

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ORANGE COUNTY LOS ANGELES SAN DIEGO SAN FRANCISCO SILICON VALLEY

2016 EDITION—NO.121

TABLE OF CONTENTS 6 Practical Ideas on Client Development for Associates by Cordell M. Parvin

8 The Art of Error Recovery by Norm Hulcher

10 The 5 Truths Every Attorney Needs to Know About Referrals

by Stephen Fairley

EXECUTIVE PUBLISHER Brian Topor

12 COMMUNITYnews

EDITOR Wendy Price

CREATIVE SERVICES Skidmutro Creative Partners CIRCULATION Angela Watson PHOTOGRAPHY Chris Griffiths STAFF WRITERS Jennifer Hadley Bridget Brookman Karen Gorden Ariel Dixon CONTRIBUTING EDITORIALISTS Cordell M. Parvin Norm Hulcher Trey Ryder Tom Hopkins Stephen Fairley WEBMASTER Mariusz Opalka ADVERTISING INQUIRIES info@AttorneyJournal.us SUBMIT AN ARTICLE Editorial@AttorneyJournal.us OFFICE 30211 Avenida De Las Banderas Suite 200 Rancho Santa Margarita, CA 92688 www.AttorneyJournal.us ADDRESS CHANGES Address corrections can be made via fax, email or postal mail.

LAW FIRM OF THE MONTH

16 BRUNO|NALU, Newport Beach A Law Firm for Lawyers by Ariel Dixon

16 24 Is Your Vocabulary Costing You Money? by Tom Hopkins

22 Motivate Clients and Prospects with the Fear of Loss by Trey Ryder

PROFESSIONAL PROFILE OF THE MONTH

26 Sanford Heisler Kimpel LLP The Sum of San Diego’s Greatest Plaintiffs’ Parts

by Jennifer Hadley

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 2016 by Sticky Media, LLC. All rights reserved. Contents may not be reproduced without written permission from Sticky Media, LLC. Printed in the USA

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Practical Ideas on Client Development for Associates by Cordell M. Parvin

Cordell M. Parvin built a national construction practice during his 35 years practicing law. At Jenkens & Gilchrist, Mr. Parvin was the construction law practice group leader and was also responsible for the firm’s attorney development practice. While there he taught client development and created a coaching program for junior partners. In 2005, Mr. Parvin left the firm and started Cordell Parvin LLC. He now works with lawyers and law firms on career development and planning and client development. He is the co-author of “Say Ciao to Chow Mein: Conquering Career Burnout” and other books for lawyers. To learn more visit his website www.cordellparvin.com or contact him at cparvin@cordellparvin.com.

I have done a lot of work helping associates with client development in my old firm and now as a coach. In this article, I want to share with you my practical ideas on associate client development. SET YOURSELF APART Client development is more challenging today for a variety of reasons. First, business clients are no longer local or loyal and there are many more lawyers from which to choose. Second, you have less time but more choices of client development actions. Because you have too many choices, you may either never get started, or become ineffective in your efforts. However, if you have a plan, become visible to your target market and find ways to become a valuable resource and advisor for those clients and potential clients, you can become very successful. It is important that you start your efforts as early in your career as possible.

CLIENT DEVELOPMENT MYTHS Associates seem to buy into client development myths and this stifles their efforts. Here are several of those myths:

• You either have it or you don’t. I can tell you from my

personal experience that I did not have it. Knowing that drove me to work at it and develop my skills;

• Just do good work, get a Martindale AV rating, and wait for

the phone to ring. There are thousands of lawyers in your city or area who do good work. Client development is a contact sport. It is about building relationships and adding value beyond the good work;

• “Too young, and inexperienced to.…” Lawyers should start

learning client development skills as early as possible. This is a marathon not a sprint, and even though you may not bring in a client now that fits your firm’s client profile, you are building towards doing so later;

6 Attorney Journal Orange County | Volume 121, 2016

• You have to be an extrovert and know how to work a

room. I know lawyers who are very outgoing and do poorly because they talk about themselves and do not listen. I know introverted lawyers who do very well because they ask great questions and listen;

• You have to “ask” for business. Lawyers who are good at

asking for business do not come across as needy or greedy. I, personally, was uncomfortable asking so I tried to be the “go to” lawyer who would be sought by clients in my target market; and

• Associates in big firms do not need to learn client

development. At the very least, associates in big firms with institutional clients need to learn about those clients and find ways to become more valuable to them. As expressed above, institutional clients are no longer loyal; they can’t be counted on as they have been in the past. So learning the skill set to get new clients is more important today than before.

WHAT SUCCESSFUL ASSOCIATES SHARE IN COMMON Here are some of the characteristics that I have observed over the years in the most successful associates: • They are patient, persistent, and perseverant; • They focus client development on things they are passionate about; • They have a plan for their non-billable time as well as written goals; • They regularly work on client development; • They are seeking to become more visible to their target markets; • They are getting feedback on their ideas and how they are doing; • They find ways to hold themselves accountable; • They all wish they had started their efforts earlier in their careers.

WHAT DIFFERENCES DO ASSOCIATES HAVE?

DELIBERATE PRACTICE

Several associates with whom I have worked are “connectors.” Those lawyers are active in their communities and/or active in the bar. Other associates enjoy writing. They are writing articles that are published. When supported by their firms, they are blogging. Those lawyers are using writing as a way to get speaking engagements in front of their target markets. Associates I have coached do their planning in a variety of ways. Some associates begin their planning looking forward five years and then working back. Others emphasize setting 90day goals. Several associates use weekly plans and journals as their method of holding themselves accountable. Successful associates do not “find” time for client development. Instead, they make time. Each associate develops different ways of making it. Several associates with whom I have worked spend time on client development after their children go to bed. Some associates work on client development on weekend mornings. Some associates are using LinkedIn, Facebook and Twitter as tools to reconnect with classmates, firm alums, friends, and potential clients. Others are reaching out by phone.

Practice things you want to get better at doing. Examples might include:

• Treating your supervising lawyers like clients, figuring out

what they want and need and exceeding their expectations;

• Finding out what is going on that impacts your clients; • Networking; • Working on your elevator speech/questions; • Identifying future issues impacting your clients;

• Writing articles for a business audience designed to get you hired;

• Public speaking; • Questions for clients and potential clients; • Active listening; • Building the team and assigning work; • Supervising and giving feedback. Reading an article like this has very limited value by itself. It has to be translated into practice. If you want to get something out of the article ask yourself, “What can I do based on what I learned?” If you want to share your plan with me, I would enjoy hearing from you. n

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Attorney Journal Orange County | Volume 121, 2016 7

The Art of

ERROR Recovery

When you make a mistake that puts a client behind the eight ball, your appropriate response can salvage—and even strengthen—the client relationship

hen Alexander Pope wrote, “To err is human, to forgive divine,” he probably hadn’t just gotten off the phone with his attorney. If he had, he might have tacked on this qualifier: “… unless the erring party has an ‘Esq.’ after his name and whose hourly rate is greater than the GDP of Cambodia.” I can’t say why for sure (although I have a few theories), but there’s something about interacting with an attorney that often exposes people’s dark sides. Consider an otherwise kind, charitable soul whose closest-ever brush with violence grew out of a brief debate over the best key in which to sing “Amazing Grace.” But tell them that their lawyer made a mistake in handling their matter, and in the bat of an eye they become about as rational and forgiving as Cujo. Like it or not, you are human and, try as you might to avoid mistakes, you are doomed to make them. The big question is: How do you respond when you make a mistake that affects a client? It’s worth considering—in advance—because there may be no more important factor in whether you hang on to your clients and how successful you are in growing your practice.

Range of Errors, Reactions As an attorney, your potential for committing errors knows no bounds. Your mistakes can cover the entire spectrum, from No Big Deal (missing a typo, being late for a meeting, etc.) to Screwing the Pooch (recording a lien in Santa Cruz County, Arizona, instead of Santa Cruz County, California; thinking the trial was set for two weeks from yesterday, not yesterday, etc.). From a client relations standpoint, the gravity of the blunder may not be as important as the client’s reaction to it. You probably have clients who, if you told them that you’d made a 8 Attorney Journal Orange County | Volume 121, 2016

by Norm Hulcher

small goof and that their $10 million claim had been thrown out, would say, “Oh, well, we all make mistakes,” and others who, on learning that the demand letter you promised by noon won’t be ready until 12:15, report you to the Bar. Even though no two mistakes, or your clients’ reactions to them, are the same, you should still develop an error-recovery procedure that you can follow when the stuff hits the fan, or looks like it’s about to.

Beat Your Client to the Punch If you find out you’ve made an error before your client does, and if there is any chance that he will learn about it whether you tell him or not, do the smart and honorable thing: tell him before he learns about it on his own or from someone else. This takes guts, but it’s a lot better than sitting around with the Sword of Damocles hanging over your head, cringing whenever the phone rings, and feeling around under your steering wheel before every start-up, wondering if the client knows what you’ve done and what he’s going to do to you when he finds out. Here are some benefits to full disclosure:

• After he finishes swearing at you and telling you how much

he’s going to enjoy reading about your license being yanked, he may give you credit for being courageous. Sloppy and incompetent, perhaps, but courageous. • Conversely, if you let him find out on his own, a certain amount of time will elapse between discovery and response. During that period, he can work up a pretty uncharitable attitude toward you that, by the time you get to discuss your mistake with him, may be irreversible (especially if he thinks you’ve been ducking him).

• If you alert your client to the mistake, you can tell him, in

appropriate detail, what you’ve done to make things right (if that’s possible), and/or you can propose some method of atonement, such as a fee adjustment, free services, an offer to help out around the house, etc. (Caution: Don’t be too quick to make such offers. If the client turns out to be less upset than you expected, you may needlessly give away the store. Further, your resolution plan should not include lavish gifts, cash, prostitutes, or other phony attempts to get back in his good graces.)

Fix the Error, If You Can Make fixing the error your top priority. The longer the problem goes unaddressed, the longer the client has to worry, think evil thoughts about you, and memorize the names of professional liability attorneys.

Face the Music If the magnitude of the error, or the client’s reaction to it, warrants a face-to-face meeting, break the news in person. Offer to meet at his home or office. Meeting at your office may not be a good idea—it’s bad enough that you’ve made a mistake at his expense; don’t make matters worse by making him come see you. Besides, he’s less likely to bust up the furniture if he’s in his own home or office, and if he starts screaming, there won’t be other clients within earshot.

Accept Responsibility No matter who actually committed the error, you must be the responsible party. If you made the mistake, it’s your fault. Likewise, if your secretary or paralegal or clerk or the mailman or sunspots caused the problem, it’s your fault. You’re the attorney, you make the big bucks, and you’re the one who’s supposed to be getting your clients out of trouble, not digging a deeper hole for them. Claiming, “Hey, it wasn’t me, it was my secretary,” isn’t going to calm him down. (“Oh, it was your secretary. Why didn’t you say so? Here, let me call my other lawyer right now and tell him to just forget about that silly old lawsuit.”)

Don’t Be Defensive This is a close cousin to “accept responsibility.” The client is less interested in why or how the mistake was made than in what you’re going to do about it. Thus, explaining that the error was caused by your working too hard or too late, by incompetent help, by your crack habit, etc., is a waste of breath and will only make him madder.

Say, “I’m sorry” An apology won’t make the problem go away, but any resolution of the fiasco should include your looking your client in the eye (or in the receiver) and telling him that you’re sorry. But don’t grovel, unless you think the sight of you down on your knees at his front door, blubbering and begging for one more chance, will make him forget about your foul-up. Also, be careful about

putting your apology in writing. You don’t want to give your client something he can pull out and re-read when he’s drunk or in a litigious mood.

Respect the Client’s Concern If the client pitches a major fit over your mistake, let him know that you feel nearly as bad about things as he does. If he feels terrible, you feel terrible. Trying to cheer him up or make him think it’s not that big a deal will likely backfire. Let him decide when it’s no longer that big a deal. On the other hand, if the client takes your mistake in stride and wants to get on with things, let him. Even if you’re still embarrassed and upset by the error, don’t keep bringing it up and saying how sorry you are and how you don’t deserve to live. He might eventually agree with you.

Don’t Hang Your Client Out to Dry If your mistake lands your client in a ditch with someone else—a lender, a buyer, his bookie—make contacting that person and accepting the blame a part of your proposed resolution. There are at least four good reasons to make that offer: It’s the right thing to do, and maybe it will assuage your conscience a little bit. Your client will probably appreciate your trying to get him off the hook, and if he ever speaks to you again he may even tell you so. You are likely to use less critical and colorful language to describe your error, your character, and your lineage than your client might use. Ironically, your candor and courage may make a net favorable impression on the third party. Instead of being known only as a dangerous idiot who nearly screwed up your client’s life, you may be the only attorney that person knows who demonstrates honor and integrity and is willing to own up to his mistakes.

Don’t Keep Your Error a Secret If the problem is a major one, and if it carries the potential for big problems for you and/or the firm, get the perspective of trusted colleagues who may be more skilled in damage control and malpractice avoidance than you are. Even if the problem doesn’t hold grave consequences, consider discussing the error with any other attorneys and staff who are likely to come into contact with that client. Filling them in may keep them from saying or doing something out of ignorance that may only make matters worse.

Conclusion At the very least, adequate error-recovery skills may salvage a client relationship that otherwise would have gone down in flames. Moreover, attorneys who react well to their own errors know that an appropriate response can not only save but actually strengthen their ties with a client. Honest. n Norm Hulcher is a law firm marketing consultant and coach. His Valley-based company, Hulcher & Hays LLC, was founded in 1993. He may be reached at 480-980-5473 or www.hulcher.net Attorney Journal Orange County | Volume 121, 2016 9

The 5 Truths Every Attorney Needs to Know About Referrals by Stephen Fairley

Stephen Fairley is CEO of The Rainmaker Institute, LLC, the nation’s largest law firm marketing company specializing in small law firms. Over 8,000 attorneys have benefited from applying their proven Rainmaker Marketing System. Stephen is a best-selling author of 10 books and a nationally recognized law firm marketing expert. He has appeared in the American Bar Association’s Journal, Harvard Management Update, Inc and Entrepreneur. To receive your free copy of his book “Top 10 Marketing Mistakes Attorneys Make” visit www.TheRainmakerInstitute.com or call 888-588-5891.

AT THE RAINMAKER INSTITUTE, we specialize in

helping attorneys improve their revenues and increase the quality and quantity of their referrals. One of the things attorneys most frequently ask us is: “How do I find more clients fast?” The answer to this question is deceptively simple, yet amazingly complex to resolve. Referrals are near the top of the list when it comes to the best ways of finding new clients, but there are three pervasive myths, discussed in a previous article that I would like to dispel about referrals first. 1. Clients are the best sources for referrals 2. Other attorneys provide the most referrals 3. Networking provides great referrals While there is some truth to these myths, they are not entirely accurate. Clients aren’t the best source for referrals, just the most obvious. They are not always aware of all your services and you may not be the first person to come to mind when a friend comes to them for legal advice. Also, attorneys assume that most referrals can come from other attorneys, but that’s because they aren’t considering the other professionals that they surround themselves with. Consider accountants, financial advisors, realtors and other professionals with whom you can ally yourself. Choose professionals in careers that cater to the same sort of clients as your practice and you will be able to become natural allies without the concern of competition. Networking groups are also great places to make contacts, but attorneys don’t always follow up and create solid connections or they attend the wrong events. If you go to a luncheon filled 10 Attorney Journal Orange County | Volume 121, 2016

with other attorneys in the same field, then you’re limiting the effectiveness of your efforts. If, however, you attend networking events filled with prospective clients, you’ll make better use of your time. If you’re a business attorney, consider joining a local business networking group. While these myths may mislead attorneys, these five compelling truths about referrals will help guide you to more business:

TRUTH #1: People Make Referrals to Build Social Capital. Most people enjoy making referrals to their friends and associates as a way of building social capital. If you truly want to build a referral-based law firm then you need to develop a habit of referring your clients and contacts to other professionals. It must be reciprocal to work longterm. When you refer a client to another professional, they feel more inclined to refer one of their clients to you. This becomes a give and take process. The more referral relationships you develop among your professional associates, the easier it will be for your practice to flourish from the referral business.

TRUTH #2: Mitigating Risk Is Important. All referrals involve some risk—if someone sends you a referral and it turns our poorly, chances are you won’t receive too many other referrals. Attorneys who count on referrals for business generation need to take necessary steps to mitigate this risk with clear communication, setting expectations from the start, ongoing client education and stellar follow-up. This risk goes both ways. If you refer one

of your clients to a professional associate and it doesn’t go well, than it reflects poorly on you. Don’t make referrals lightly; ensure that the professional associate is capable of handling the case.

TRUTH #3: People Refer Great Experiences. People who have had great experiences with a product or service tend to refer it to their friends and colleagues. Which is why cultivating a culture of great client service is a must for gaining more referrals. How can you create a “VIP” experience for each client and referral that walks in your door? While a lot of referrals can come from a referral network or a professional associate, clients also have the ability to spread your name. It is important to remember that people will tell friends and family about a bad experience before they will brag about a positive one. In order to keep your positive service top of the mind, make sure that you keep past and current clients up to date on your practice, awards and services. If a friend comes to them, they may remember reading your newsletter about a recent case or award. They may be more inclined to recall their own positive experience with you.

TRUTH #4: Referrals Require Trust. Even if someone raves to a friend about you, that referral is likely to conduct a credibility search for you on the Internet. If the referral can’t find good content, reviews or social network participation, they will be less likely to proceed with contacting you. You need to manage your online image. Make sure to regularly check sites with client reviews. If someone posts a negative review, address it immediately. Don’t let a bad review turn away potential clients. Also, make sure that clients can easily find you. Make your LinkedIn profile public, so they can look over your endorsements, your honors and your work experience. Make sure that you claim any attorney directory pages, so that it has accurate information. Clients should be able to contact you from any webpage.

TRUTH #5: Referrals Require a System. Attorneys need to create a referral strategy that includes a systematic approach to educating referral sources what a good referral looks like and how to make it. This includes keeping all clients and professional associates current with your practice. Make sure that they are on your newsletter list. If you write an article about your practice area, send it out to everyone. n

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Attorney Journal Orange County | Volume 121, 2016 11

COMMUNITY news n Berger Kahn was recently listed Among “Top Law Firms” in O.C. Business Journal. The Orange County Business Journal ranks the most esteemed law firms in the region and Berger Kahn was proudly named to their list of “Top Law Firms.” n Gunnar Gundersen, partner DAVID B. EZRA with intellectual property, technology, and media law firm One LLP, drafted an amicus brief on March 7 in Kirtsaeng v. John Wiley & Sons, Inc., a copyright case currently pending in the Supreme Court. The brief was filed on behalf of the Intellectual Property Owners Association, a trade association for owners of patents, trademarks, copyrights, and trade secrets. GUNNAR GUNDERSEN In this case, the Supreme Court will examine what standard should be used to determine attorneys’ fees in copyright cases. The case arose from a dispute over whether Mr. Kirtsaeng, the defendant and prevailing party in the case, is entitled to attorneys’ fees. “The Supreme Court’s decision will have a significant impact on the current standards of determining attorneys’ fees,” says Mr. Gundersen. “More specifically, in this case, the Supreme Court will determine if using the reasonableness of the losing party’s claim should always be a significant factor in how attorneys’ fees are awarded.” nAt the recent Orange County State of the Market real estate conference, held in Irvine, more than 300 commercial real estate professionals attended the event. Friedman Stroffe & Gerard shareholder and attorney Jennifer Stroffe, who moderated the “Capital Markets - How and Where Deals Are Getting Done” JENNIFER STROFFE panel, said experts are divided on whether there will be a downturn in the commercial real estate market this year. Her ad hoc poll of conference attendees was unanimous—no one expects a downturn in 2016! Jennifer’s panel members included: Brian Good, President, Eagle Group Finance; Jason Krupoff, SVP, Bellwether Enterprise; Kevin Kaberna, Senior Managing Director, Greystar Real Estate Partners; and Seth Grossman, Managing Director, Meridian Capital Group.

n Jennifer Keller, a nationally prominent attorney at Keller/ Anderle LLP in Irvine, has been named to the 2016 “Lawdragon 500 Leading Lawyers in America.” The list is said to be “the most elite distinction in the profession, covering the best of the best in all practice areas.” Keller has been named annually to the list since 2012. JENNIFER KELLER Jennifer Keller specializes in bet-the-company trials across varied practice areas that include commercial litigation, white collar criminal defense, intellectual property and class actions, among others. She has won hundreds of millions of dollars for her clients in jury trials, settled other cases in the tens of millions, and successfully defended many more. Her firm, Keller/Anderle LLP, is among the premier boutique litigation firms in California. Ms. Keller and Managing Partner Kay Anderle have over 250 jury trials between them. Unique among law firms handling high profile, bet-the-company cases of such a caliber is that both name partners are women, and the firm is women-owned. Among its clients are MGA Entertainment and its CEO Isaac Larian; Michael Ovitz, the Creative Artists Agency founder and former Chairman of the Walt Disney Company; Henry Nicholas, the co-founder of Broadcom; American International Group (AIG); MassMutual Insurance Company; and the McGraw Hill Companies (in The United States v. The McGraw-Hill Companies, the government’s civil suit alleging that the rating agency Standard & Poor’s improperly rated certain mortgage-backed securities). n With more than $4,000 raised for the OC Bar Foundation OC Marathon team, Eric Traut, of the Traut firm, is a leading fundraiser for the Orange County Bar Foundation OC Marathon team, along with his staff. The Traut Firm’s team will be participating in various ways in the Orange County Marathon, using the ERIC TRAUT run as an opportunity to support the local charity, a non-profit committed to promoting health, safety and education for Orange County’s at-risk youth. According to Traut, “I was the 2014 President and saw first-hand the many great things that this group does through its youth programs.”

Have a Press Release you would like to submit for our Community News? Email it to PR@AttorneyJournal.us

12 Attorney Journal Orange County | Volume 121, 2016

COMMUNITY news n Snell & Wilmer is pleased to announce the expansion of its Orange County office with the addition of Dwight Kim as an associate in the firm’s intellectual property group. Kim comes to Snell & Wilmer from Gamblit Gaming, LLC where he was Intellectual Property Associate Counsel. Kim focuses his practice on DWIGHT KIM intellectual property law. He has significant experience preparing and prosecuting patent applications (U.S. and foreign) in various fields, including software, telecommunications technology, computer networking and medical devices. He also has experience in managing and building a patent portfolio. He earned his B.S. in electrical engineering and computer sciences from the University of California, Berkeley —College of Engineering, where he was a student member of the Institute of Electrical and Electronics Engineers. Kim earned his J.D. from University of San Diego School of Law, where he received a Certificate in Intellectual Property Law and was a member of both the Intellectual Property Law Association and the Asian Pacific American Law Student Association. Kim is licensed to practice law in California and before the U.S. Patent and Trademark Office.

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“Rick is one of the best lawyers in the country. I call him every time I have any issue in Nevada and would not hesitate to refer him any type of case of any size. We recently settled a significant case in Nevada after two days of mediation. Rick was masterful in dealing with the retired judge mediator, the defense team, and our clients, and he maximized the recovery. Whenever I need anything in Nevada, the Richard Harris Law Firm is there for me.” ~ C. Michael Alder, Esq., Alder Law

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“I recently co-counseled a serious Las Vegas injury case with Rick Harris and his law firm. Rick’s advocacy and skills are extraordinary, and were instrumental in resolving and maximizing our client’s sizable recovery. The case was expertly worked up, litigated, and masterfully mediated. Everyone I worked with on Rick’s team was outstanding. For either a referral or a co-counsel arrangement, I wholeheartedly recommend Rick and the Richard Harris Law Firm for any Nevada case.” ~ Carl Wolf, Esq., Callaway & Wolf Northern California Super Lawyer 2010 San Francisco, California

Lawyers

A Law Firm for Husband and wife team Keith and Angela Bruno make a formidable trial pair, particularly when their extended family of fellow attorneys meets experienced and relentless trial attorneys who know how to get results. by Ariel Dixon

ther lawyers entrust us with their cases that they have worked hard on. To us, these are not just cases, they are clients—real people—that have formed deep bonds with the original attorney. When we are brought in for trial or mediation, we feel the weight of this responsibility to the client and to the referring lawyer, and we simply cannot allow these injured people to have uncertain futures,” says Keith Bruno, one half of the husband and wife team that comprise the personal injury law firm Bruno | Nalu. Together these two graduates of the Gerry Spence Trial Lawyer’s College form a masterly duo, with a knack for transforming underdog cases into extraordinarily high-figured payouts for the victims they represent. Based in Newport Beach, the pair travels widely across the state to meet the considerable demand for their unique services. One of the characteristics that set the Brunos apart from the majority of plaintiff’s lawyers is how their clients find them. Instead of advertising or marketing to personal injury victims, the Brunos work organically with other law firms, adopting those firms and lawyers as part of their own trial team, and working closely with those lawyers to resolve or try a particular case. They are not so-called “last minute trial specialists;” they are full-time trial lawyers, available to help others at any point in a case. Typically, when a case cannot be settled easily and the

16 16 Attorney Journal Orange County | Volume 121, 2016

stakes are high, that’s when the Brunos put their considerable trial experience to use. “Very successful people told us our model would fail,” Keith remembers. “Most clients and lawyers look to avoid trial and settle as soon as possible, so there is little perceived need to bring in outside trial counsel.” Considering that narrow margin, the success the Brunos have achieved in this niche area is remarkable. “It wasn’t a marketing strategy; it was a belief that cases can and should be tried before juries who will do much more justice than a hardened insurance adjuster. We do not have 250 cases waiting in the pipeline, and we like it that way. We are fortunate and grateful that our referring attorneys see that we exponentially add value to those cases, so our fellow attorneys keep coming back,” says Angela. “Rather than settling your case for pennies on the dollar, we often quadruple the value of the case. Instead of settling for $250,000 we work to increase it to $1,000,000. It’s a win for the client, it’s a win for the firm who referred the client, and it’s a win for us. Attorneys in the past who have referred their cases to us can expect to see our level of dedication reflected in an increased settlement offer as well. Our community of plaintiff’s lawyers is tight-knit and extremely committed to helping people. Working with with these amazing lawyers toward a common goal is humbling and rewarding. It doesn’t feel like work.”

LAW FIRM

OF THE MONTH

©Christopher TODD Studios

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Recent Verdicts & Settlements: a. Verdict: $40 million. Last offer before trial was $200K. b. Settlement: $3.9 million commercial policy rear-ender. c. Verdict: $1.03 million slip/fall in San Diego. Last offer before trial was $150K.

d. Verdict: $400K low-impact rear-ender. Last offer before trial was $65K.

e. Settlement: $395K. Last offer before our mediation, $100K. f. Verdict: $350K low-impact rear-ender. Last offer before trial, $50K.

g. Verdict: $177K low-impact rear-ender. Last offer before trial, zero.

h. Verdict: $100K student on student inappropriate touching. The Spark of an Idea Keith and Angela Bruno each have their own respective set of strengths and experiences that coalesce into a powerful combination of skills. With over 100 jury trials under his belt, Keith worked for years building court experience as a criminal defense attorney and honing his trial skills. When he was first asked to take on a civil case—a typical rear-end vehicle accident—he worked with Angela, who possessed a wealth of skills in her own right. Now the managing partner at Bruno | Nalu, Angela spent the foundational years of her career amassing a reputation for communication and mediation, a proficiency that saw her work internationally in partnership with the European Union. Once stateside again, Angela continued to focus her abilities on negotiation and mediation, laying an important foundation that would serve clients well and bring unique ammunition to her arsenal as a courtroom advocate. After their initial informal partnership on the rear-ender case resulted in success, the duo sensed they were onto something. Though the market for lawyer-to-lawyer trial work was considerably more limited, their repeated success was proof that their business model was not only working, it was also impacting the clients they served in a meaningful way. Taking every case that came along, then trying it successfully, Keith and Angela Bruno built a network of referrals and an industry reputation for pursuing hard-hitting valuations. Much of Keith’s strategy in his criminal defense cases was to avoid pleading out a case, opting instead to take it to trial. While the court system would try to push cases to settlement, Keith fought for the underdog to the finish line. He believed firmly that trial by jury was much better than plea by prosecutor. Applying the same principles to their personal injury cases, the Bruno team’s goal is to advocate tirelessly on behalf of their clients, so that justice is awarded to those deserving. “We are conscious of winning every battle. We fight every single ruling and we are relentless, even on issues that other people do not think are that important,” Keith says. “We treat everything like it could kill the case, because it could.” Another tenet of the Bruno team’s strategy draws upon 18 Attorney Journal Orange County | Volume 121, 2016 18

Angela’s experience in the accounting and economics fields— professional pursuits in which she excelled prior to her law career. With pointed experience in both fields, Angela brings a keen eye to appropriately valuing cases, an indispensable skill in personal injury law, where an accurate number read can transform a case’s payout from modest to monumental.

A Dynamic Approach Two is better than one. Together, Keith and Angela Bruno combine their skills to create an advantageous balance between them, and it translates to success in the courtroom. “It is teamwork throughout the trial,” Angela says. “If Keith is speaking, I am feeding him questions the whole time, and vice versa.” Though Keith generally operates as lead counsel during the trial, the jury hears from both Brunos, while Angela operates as something of a second chair and master of communication: selecting jurors, prepping witnesses, and developing themes and narratives to best frame their cases. Much of the pair’s work begins in the narrow window when settlement negotiations and mediation have failed and a court trial is soon inevitable—a delicate stage wherein a client has already been through the ebbs, flows, and stresses of drawnout legal proceedings and is perhaps hesitant to go through the arduousness of a court trial. However, it is in this pitfall-laden period that the Brunos particularly shine. Even if the client has worked with another attorney for years, Keith and Angela are practiced and adroit at transitioning the case and putting client minds at ease. From there, the Brunos’ particular brand of lawyering has its moment in the sun: comprehensive assessment and preparation, an eye towards interpersonal detail, and years of developing strategies that hold at-fault parties accountable for damage done. Once inside the courtroom, the Brunos are quick to clarify their distinct dynamic as husband and wife, and legal team. “We let them know very early on that we are married,” the Brunos recount. “We are a family, the most basic unit or group in a society. A jury is the most basic group in the American Democratic process. There is an identity there. We want to invite them into our group, into our family. We all want to belong to something greater than ourselves.” In this way, the couple surmises that perhaps their unique pairing of the marital and the professional provides a point by which juries can connect.

Lightning in a Bottle Because trial work is the foundational basis of Bruno | Nalu, the pair have routinely transformed personal injury cases of all kinds, from stilted cases on the verge of implosion, to those that had been consistently rebuffed by insurance lawyers and corporations tirelessly denying fault. One recent verdict resulted in a $40 million ruling. When a thirty-three-year-old man was stabbed to death at a TGI Fridays by an underage drinker, the Brunos took on the case on behalf of the victim’s father. The resulting verdict held the restaurant’s operator responsible and ensured that the victim’s family did not have

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Efficiency and Effectiveness Their specialized approach to trying cases has led them to a variety of partnerships with firms across the state of California. “We have enjoyed unbelievable opportunities to work with firms we respect,” Angela says. “There is no greater honor than being asked to try a case by firms that are filled with people we look up to. When those firms reach out to us, it truly bolsters our energy and enthusiasm for what we do.” As for the judges who preside over the cases that Keith and Angela Bruno take on, it can be said that the pair employs a comprehensive yet efficient methodology in their work.“We do not waste anyone’s time,” recount the Brunos. If we tell the judge it will take seven days, it will take seven days. Courts are packed and we will not waste a court’s time. We keep it tight, and we do not have witnesses being grilled for six hour stretches.” Unquestionably, the Brunos know how to bring a case to trial and they continue to impress fellow colleagues with their results. As the old adage goes, people do not always remember what a person says, or what they did, but they always remember how they make us feel. There is an energy to the Brunos. It is an energy of confidence and conviction, and good old fashioned teamwork. At the end of the day, that dynamism leads to a job well done. n Contact BRUNO|NALU 4675 MacArthur Court Suite 1270 Newport Beach, CA 92660 Phone: 949-988-0932 www.brunonalu.com

©Christopher TODD Studios

EXPERIENCE

to suffer any financial worry, in addition to their loved one’s tragic and untimely passing. From the outset, Keith and Angela Bruno’s professional goal has been to take cases that could not be settled out of court and ensure that justice was still delivered. Even when a settlement is possible, what makes the Brunos both effective and valuable is their profound ability to recognize the difference between an adequate monetary amount and a fair one. Using their tailored network of experts and their aptitude for framing evidence for a specific jury, Keith and Angela Bruno make aggressive valuations that result in greater financial security for plaintiffs and their families. Their research and willingness to mine each case for new details or angles is indicative of the pair’s commitment to the work they do. As a self-described “Lawyer’s Law Firm,” Bruno | Nalu hold themselves accountable not only to their clients, but to a high professional standard in service of fellow representatives of the law. The bottom line is that the Brunos add considerable value to each case they take on, and with that value comes financial comfort, opportunity, and freedom for those that have unjustly suffered as a result of another’s wrongdoing or negligence.

KEITH J. BRUNO

» EDUCATION • University of San Diego School of Law, San Diego, California J.D. – 2002 • University of Maryland, College Park, Maryland B.A. – 1998 Honors: With Distinction Major: Government and Politics Major: English

» HONORS AND AWARDS • Superlawyers, Rising Stars, 2009 – 2014 • Superlawyers, 2015 • National Trial Lawyers Top 100 • AVVO Rated 10 “Superb” • Gerry Spence Trial Lawyer’s College, Graduate September 2015

» PROFESSIONAL ASSOCIATIONS AND MEMBERSHIPS • The California State Bar Association, Member, 2002 • National Association of Criminal Defense Lawyers (NACDL), Member • California Public Defenders Association (CPDA), Member • California DUI Lawyers Association (CDLA), Member • American Bar Association (ABA), Member • Orange County Bar Association (OCBA), Member • American Inns of Court, William P. Gray Inn, Member • OCCCB

ANGELA E. BRUNO

» EDUCATION • University of California, Hastings College of the Law J.D. – 2007 • University of California, Los Angeles (UCLA) B.A. – 2001 Honors: Summa Cum Laude Major: Economics

» HONORS AND AWARDS

• National Trial Lawyers Top 40 Under 40 in 2015 • Gerry Spence Trial Lawyer’s College, Graduate September 2015

» PROFESSIONAL ASSOCIATIONS AND MEMBERSHIPS • The California State Bar Association, Member, 2008 • Orange County Bar Association (OCBA) • Consumer Attorneys Association of Los Angeles (CAALA)

20 Attorney Journal Orange County | Volume 121, 2016 20

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ne commonly overlooked motivator is the fear of loss. Remember this rule: The fear of loss is greater than the desire for gain.

HERE’S AN EXAMPLE: To illustrate the desire for gain, let’s say I’ll give you $20 if you do something for me. Depending on how much you value $20, you may or may not do what I request. To illustrate the fear of loss, let’s say that you must take a certain action or you have to pay me $20. Did you notice how much differently you felt when I said you might lose $20? As a rule, people think much more seriously about what they stand to lose than what they stand to gain. Although, both can be powerful motivators.

Motivate Clients and Prospects with the Fear of Loss by Trey Ryder Trey Ryder specializes in Education-Based Marketing for lawyers. He designs dignified marketing programs for lawyers and law firms in the United States, Canada and other English-speaking countries. Trey works from his offices in Payson, Arizona, and Juneau, Alaska. To read more of Trey’s articles, visit the Lawyer Marketing Advisor at www.treyryder.com.

Attorney Journal Orange County | Volume 121, 2016

HOW DOES THIS WORK FOR YOU? When you explain to prospects how they will benefit from hiring your services, also make sure you point out what they will lose if they don’t hire you. Fear of loss also includes staying in your present circumstances and not improving your situation. “Mr. Prospect, if you decide to hire me, I’ll work hard to bring you the positive results you want. But if you decide to wait and see what happens, you can expect your situation to continue and, perhaps, grow even worse.” The more specifics you include in your explanation, the more persuasive it will be. In all aspects of your marketing message, tell prospects the positive reasons they should hire your services. And tell them what they stand to lose if they allow their present circumstances to continue—because the fear of loss is greater than the desire for gain. Fear is one of the most powerful motivators we know, and yet one that is often overlooked. n

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Is Your Vocabulary Costing You Money? by Tom Hopkins Tom Hopkins International has been dedicated to providing the finest sales training strategies and techniques to individuals and companies alike. Tom Hopkins is world-renowned as The Builder of Sales Champions. His selling skills and sales strategies have helped millions of sales professionals and business owners in industries from A to Z to serve more clients, make more sales and earn millions in income. Copyright Tom Hopkins International, Inc. See more at: www.tomhopkins.com

hen we give a presentation to a future client not only do our appearance, visual aids, and body language relay a message, but the words we use create pictures in their minds. When we hear a word, we often picture a symbol of what that word represents. We may even attach emotions to some of these words. For example, let’s consider the words, SPRING, SUMMER, AUTUMN, WINTER. Depending on your particular experience, each of those words can generate positive or negative emotions in you, right? The same applies to the words you use in your contacts with customers. You don’t know in advance which words will generate positive feelings in your clients about you, your product and your company. That’s why people in selling must become extra sensitive to the use of words if they want to have successful careers or businesses. One of the most commonly used words in sales is the term “contract.” What type of mental image does that term bring to your mind, especially when you picture yourself as a consumer? For most of us, it’s negative. We have an image of fine print, legalities and being locked into something that requires legal action to get out of. For this reason, I recommend that salespeople stop using that term, unless your particular line of business requires it. Instead, use the terms paperwork, agreement or form. Think about each of those terms for a moment. Do they bring to mind threatening images? If they do, I’ll bet those images are a lot less threatening than those created by the term contract. Do yourself a favor and eliminate that term from your vocabulary. Use paperwork, agreement or form instead. What about the words “cost” and “price?” What pictures do they bring to your mind? If you’re like me, I see my hardearned cash leaving my pocket. Substitute the terms investment or amount in place of cost or price. When most people hear investment, they envision getting a return on their money

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which is something positive. Now, there are products for which the term investment would not be appropriate so let’s use the term amount for them. That word has been proven to be less threatening to most consumers than the terms cost and price. The same idea goes for the next terms, “down payment” and “monthly payment.” Most people envision down payments as large deposits that lock them into many smaller monthly payments for a considerable time period. They may see themselves receiving bills and writing checks every month. Not too positive a picture, is it? Replace those phrases with these: initial investment or initial amount and monthly investment or monthly amount. The next terms I’d recommend you change are “sell” and “sold.” Many salespeople will tell prospective customers about how many units of their product they have sold. Or, they’ll brag about having sold the same product to another customer. What are the mental images here? No one likes the idea of or the feeling derived from being sold anything. It sounds as if the customer didn’t really have much say in the matter. Replace sell or sold with helped them acquire or got them involved. Another term I feel is over-used by salespeople is the term “deal.” What does this bring to mind? Something we’ve always wanted, but never found. Top salespeople never offer deals to their clients. They offer opportunities or get them involved in transactions. The last, but definitely not the least important term I recommend you change is “sign.” Never again ask a customer to sign your agreement, form or paperwork. We’ve all had it drilled into us from early childhood never to sign anything without careful consideration, haven’t we? So, why would you want to create that emotion in anyone you were trying to get happily involved in your product or service? Instead of asking them to sign, ask them to approve, authorize, endorse or OK your paperwork, agreement or form. n

f o m u S e h TSAN DIEGO’S GREATEST Plaintiﬀs’ Parts by Karen Gorden

LAW FIRM

OF THE MONTH

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Nationwide Public Interest Litigation Firm, Sanford Heisler Kimpel, LLP, Ed Chapin, Jill Sullivan Sanford, and Charles Field Lead New San Diego Office.

&IRM &OCUSES ON $ISCRIMINATION 7AGE AND (OUR &INANCIAL !BUSE AND 7HISTLEBLOWER #LAIMS In December 2015, Sanford Heisler Kimpel, a national public interest litigation firm, announced that San Diego based genetic testing giant Pathway Genomics Corporation agreed to settle a whistleblower suit and pay the United States government, 28 states and the District of Columbia $4.1 million. Sanford Heisler Kimpel brought that suit on behalf of a former Pathway sales representative, who had first-hand knowledge of the company’s wrongdoing. At the time of the settlement announcement by the government, David Sanford, Chairman of Sanford Heisler Kimpel, said that the settlement provided affirmation of the key role whistleblowers play in ensuring transparency in government procurement at every level. Sanford said that “every U.S. citizen owes the whistleblower a debt of gratitude for ensuring their hard-earned tax dollars are not squandered on products or services that are tainted by illegal kickbacks and other fraudulent conduct.” In the first half of 2016, David Sanford will argue an appeal before the United States Court of Appeals for the Ninth Circuit in a long-running wage and hour dispute against Costco filed in federal court in San Diego. That case involves low-wage hourly workers at Costco warehouses around the country who clock out at the end of the late shift but are required to remain in the warehouse after clocking out for up to 30 minutes without pay. Sanford Heisler is class counsel seeking to represent over 30,000 employees nationwide. And in February 2016, Mr. Sanford will represent over one thousand female employees of Daiichi Pharmaceuticals in 26

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urging a federal court in San Francisco to approve a nationwide settlement of a gender discrimination class action. These cases are representative of the types of matters Sanford Heisler routinely brings. Now the firm will bring those cases with the added talent and experience that its new San Diego office brings. Familiar faces of some of San Diego’s most experienced, respected, and reputable litigators and trial attorneys are leading the firm’s new Southern California office.

Growing from Three Attorneys to ThirtyThree Attorneys in Four Cities and has Recovered Over One Billion Dollars for Clients and the United States Government Chairman David Sanford, a 1995 Stanford Law School graduate, has built a firm that has become one of the nation’s premier litigation firms focusing on whistleblower, discrimination, wage and hour, and financial abuse claims. Mr. Sanford was lead counsel in a gender discrimination case against Novartis, which culminated in the largest jury award in a discrimination matter in U.S. history. Mr. Sanford recently represented the former CFO of the international law firm, Proskauer Rose, who worked for Proskauer for more than 18 years. She claimed in her suit that she was marginalized and fired after taking medical leave for breast cancer treatment. She said that Mr. Sanford “is very warm, he’s very smart, he made me feel like I was his only client. We never rushed when we had a conversation. He runs a fantastic office.” Ms. Rosenthal settled her suit after about one year of litigation. The firm’s attorney’s hail from the most highly ranked law schools in the nation. In addition, about half of the firm’s

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Ed Chapin

Jill Sullivan Sanford

attorneys have clerked for judges throughout the United States. Sanford said that “hiring the highest quality and best educated lawyers in the country is certainly one of the keys to the firm’s success. In addition, our lawyers need to have passion and a core belief that we are on the right side of justice.” The firm began with three attorneys in 2004. Since then, it has grown to over thirty attorneys in New York, Washington, D.C., San Francisco and now San Diego: it is now the largest public interest litigation firm in the United States. The firm has recovered over one billion dollars for its clients and for the United States government. Recoveries include a $762 million settlement with Amgen in a whistleblower case concerning allegations that Amgen had engaged in off-label marketing campaigns and kickbacks to physicians; a $253 million jury verdict against Novartis Pharmaceutical Company in the largest employment gender discrimination verdict in U.S. history; a $99 million recovery in a wage & hour class action; a $68.5 million settlement with Office Depot, in a whistleblower case alleging that Office Depot had violated the California False Claims Act by overcharging numerous governmental entities for office and classroom supplies; a $116 million settlement with Omnicare, in a whistleblower case alleging that the long-term care pharmacy engaged in unlawful kickbacks paid to nursing homes to induce drug purchases; and numerous 8-figure recoveries in gender discrimination and wage and hour class actions across the United States. Mr. Sanford noted that, in addition to the talented attorneys and passion required in the litigation of complex matters, he

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expected attorneys to exercise creativity in moving the law in a positive direction for plaintiffs. He said, “The defense bar has capitalized on a conservative and corporate friendly Supreme Court. It is our job to advance the interests of individuals over corporate America by thinking outside of the box and offering lower courts expansive interpretations of the law consistent with precedent.”

A Firm Foundation: Ed Chapin Becomes Managing Partner Ed Chapin, one of San Diego’s most respected trial attorneys and has stood as a beacon of service in the San Diego legal community for decades, heads up the new San Diego office. “No one other than Ed Chapin could serve as the lynchpin for our office in San Diego. I have worked with Ed in trial, have served as co-counsel with him in national litigation matters, and have been privileged to consider him a friend for the past seven years. There is no one who works harder on a case, is more dedicated to his clients, is more effective in the courtroom, and is more passionate about what we do than is Ed.” Chapin needs no introduction to most of the San Diego legal community. He is a veteran civil trial lawyer, who has tried more than 100 cases in federal and state courts. Chapin has been a member of ABOTA for more than 20 years, and he has garnered nearly every legal award under the sun in the San Diego business and legal community. “I am first and foremost a civil trial attorney,” says Chapin. “I take a matter

Charles Field

with the thought it will go to trial. I relish representing the underdog and doing my best to obtain a full measure of justice for my client. Typically, I represent clients who are the victims of discrimination or unfair practices in the workplace, who have been defrauded by unfair business practices, who are the victims of financial elder abuse, or who have been killed or seriously injured in accidents.” Sanford and Chapin have tried cases together and continued to co-counsel on a number of other cases until Ed joined the firm in May 2015. Moreover, Chapin’s former partner, Harvard Law graduate Jill Sullivan, had joined Sanford Heisler in 2012 and married David Sanford, becoming Jill Sullivan Sanford. One night, Chapin recalls he was sitting in a bar in the Bay Area with Sanford following a challenging day in a difficult case, when Sanford jokingly asked what the tenured, experienced, and highly respected Chapin “wanted to do when he grew up.” Without batting an eye, Chapin said, “I want to open the San Diego office of Sanford Heisler Kimpel.” In May of 2015, Chapin did just that.

Jill Sullivan Sanford Joins the Firm Jill Sullivan Sanford has also earned her own stripes in the San Diego legal community, driven by ambition, hard work, and unwillingness to give up on herself or her clients. “I attended Harvard Law School right after I graduated from the University of Kansas. I borrowed every penny I needed to attend. Many, perhaps most, of my classmates had attended prestigious

David Sanford

undergraduate schools. I constantly feared I didn’t belong there and worked very hard to prove otherwise,” she recalls. Sullivan Sanford’s fears did not slow her down. Upon being admitted to the California Bar in 1996, she spent eight years at Latham & Watkins, working under “the tutelage of the late and truly great Jay Wheeler.” “When Jay and Ed Chapin asked me to start a firm with them in February 2005, with the goal of focusing on plaintiff’s side cases, I was honored and thrilled,” she says. After the death and devastating loss of her mentor, Wheeler, she and Chapin continued as partners for many years. Sullivan Sanford was drawn to Sanford Heisler’s social justice mission and began co-counseling with the firm in 2009. As fate would have it, she and Sanford fell in love. “We started dating in August 2011. We were working together so much that it made sense for me to join Sanford Heisler Kimpel in 2012. David and I were married in March 2013.” The fact that Sanford’s firm had such a large practice focusing on discrimination claims appealed to Sullivan Sanford from the start. The firm itself is a mosaic of diversity, with female attorneys in leadership positions, and many partners and attorneys from different ethnicities and sexual orientations working at the firm. Because women and minorities face discrimination so frequently, Sullivan Sanford’s skills, coupled with the fact that some women filing gender discrimination suits feel more comfortable working with a female attorney, make her a perfect complement to the San Diego office. Gender discrimination is not the only form of discrimination on which the firm focuses. Sanford Heisler Kimpel currently

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represents a former general counsel of Zara, the female clothing chain. Fearing he would soon lose his job because of religious and sexual orientation discrimination by Zara executives, he retained Sanford Heisler. A pre-suit demand letter was drafted offering mediation. Negotiations in mediation ceased at midnight, and a complaint was electronically filed with the court three hours later. The firm also represents the general counsel of Armani, the fashion design clothing chain who was fired while in the hospital being treated for cancer and after discriminatory comments were made about Mexicans. Both cases are in discovery and will be tried in about one year. Cases like these drive Sullivan Sanford, Chapin, and the rest of their team to fight zealously for justice, whether the client is a Fortune 500 Executive, a fellow attorney, or minimum wage hourly workers. “I have represented dozens of executives and attorneys and have also represented classes of employees suing for discrimination or lost wages,” Sullivan Sanford says.

Fighting the Good Fight Against Financial Abuse: Dodd-Frank Whistleblower Matters; Securities and Investment Issues; Consumer Financial Fraud Cases; ERISA; and Financial Elder Abuse In order to provide complete civil liberty services to clients in all socioeconomic classes, Sanford knew that the burgeoning Southern California office needed an experienced and trustworthy attorney to lead the firm’s financial abuse practice area in San Diego. Sanford found precisely this in San Diego attorney Charles Field. With nearly thirty years of experience practicing in the securities law arena, Field spent many years as General Counsel of Nicholas-Applegate Capital Management and its successor, Allianz Global Investors Capital. He also held industry roles including Chief Compliance Officer, FINRA General Securities Principal, and General Municipal Securities Principal. Having worked for so many years on the sell-side with investment advisers, broker-dealers, and commodity trading advisers, he now puts his experience to work for plaintiffs in order to assess cases in which sellers have breached legal obligations and advise investors on the best strategies for recovering damages. In short, he now uses his expertise to work with the people, not those who hold the power. “I began following Sanford Heisler Kimpel in 2011 when I was the General Counsel at Allianz Global Investors Capital and David Sanford was threatening to sue us for gender discrimination. I learned Sanford Heisler Kimpel handled big, important cases, but it was the firm’s frankness, obvious determination and above all, direct action and methods that impressed me. Sanford’s tone at the top sets the approach for the firm. He has the respect of his peers, including the defense bar.” “We are committed to offering a broad array of both transactional and litigation services to participants in the financial services area. With 14 lawyers within the financial 30

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services practice group, we have handled securities and investment cases, Dodd-Frank whistleblower cases, and consumer financial fraud cases for victims who have been swindled by fraudulent actors in the financial world. In October 2015, we settled a financial elder abuse case against a nationally known securities broker-dealer. We have undertaken investigations of large scale front-running schemes, while at the same time are counsel to a Chinese investment group seeking to participate in the U.S. securities markets as a broker-dealer and investment advisory.” Field’s tenure on the ‘other side’ is now also used to the benefit of employees who wish to challenge the handling of 401 (k) plans under ERISA laws. He also represents elders who are often targeted and victimized for financial abuse, under the California Elder Abuse Law.

Same Faces, New Name Fighting for Justice Chapin, Sullivan Sanford, and Field have all been involved in the San Diego legal community for years. It is the coming together of these preeminent attorneys, backed by a firm with a track record of success in fighting for victims in every socioeconomic class, which has Chairman David Sanford excited about the firm’s future in San Diego. “We will continue our firm’s focus on diverse sectors of the economy in Southern California, as a nearly 100% contingency fee firm fighting for social justice representing plaintiffs in discrimination, wage and hour disputes, and financial abuses including qui tam/false claims, said Sanford” Sullivan Sanford is looking forward to the challenges that her position in the relatively newly established San Diego office will bring. “My dad is a lawyer and he has always loved practicing law. In fact, he was most passionate when he was working out difficult situations-he liked being the person who could resolve tough issues. His example of a happy and intellectually challenging life in law led me to my own happy and intellectually challenging life in law,” she says. Finally, Chapin sums up his vision for Sanford Heisler Kimpel in San Diego by saying, “Our firm is unique in the United States: small yet practicing at the level of many behemoth firms. While we are located in four offices, we practice as one firm; the resources of all our offices can be brought to bear on a case in a given locale. Collaboration is a key to our success.” n Contact Ed Chapin 501 West Broadway Suite 515 San Diego, CA 92101 619 577 4253 echapin@sanfordheisler.com www.sanfordheisler.com

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