Volume 125, 2016 • $6.95
7 Great Habits of the Most Successful People
Optimize Your Attorney Profiles and Gain More Authority
Rachel Harmon McIntyre’s Civil Alert Organized Succinct Summaries
Monty A. McIntyre
Are All of Your Law Firm Marketing Efforts Working Together?
How to Build Your Law Practice with Dignity
Attorney of the Month
Ted B. Wacker, Persistence Pays Off
Specialization matters. Having represented more law firms over the last 25 years than any other broker in the region, no one understands their real estate needs better than I do. — JASON HUGHES President & CEO, Hughes Marino
ORANGE COUNTY CORPORATE REAL ESTATE ADVISORS
At Hughes Marino we only represent tenants and buyers – never landlords – so we never have a conflict of interest. Our only fiduciary duty is to our client, the tenant, and we are wholly committed to protecting their interests. If you are not happy with your service or results, then we will give you our commission. Guaranteed. (949) 333-3111 | www.hughesmarino.com
ORANGE COUNTY LOS ANGELES SAN DIEGO SAN FRANCISCO SILICON VALLEY
TABLE OF CONTENTS 6 How to Build Your Law Practice with Dignity by Trey Ryder
ATTORNEY OF THE MONTH
16 Ted B. Wacker The Law Offices of Ted B. Wacker, Newport Beach Persistence Pays Off EXECUTIVE PUBLISHER Brian Topor
22 Are All of Your Law Firm Marketing Efforts Working Together? by Amanda Wiebke
EDITOR Wendy Price CREATIVE SERVICES Skidmutro Creative Partners CIRCULATION Angela Watson
24 Optimize Your Attorney Profiles and Gain More Authority
PHOTOGRAPHY Chris Griffiths
by Rachel Harmon
STAFF WRITERS Jennifer Hadley Bridget Brookman Karen Gorden CONTRIBUTING EDITORIALISTS Amanda Wiebke Monty McIntyre Trey Ryder Brian Tracy Rachel Harmon 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.
by Jennifer Hadley
16 26 McIntyre’s Civil Alert Organized Succinct Summaries
by Monty A. McIntyre
28 7 Great Habits of the Most Successful People
by Brian Tracy
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
COURT REPORTING ACCESS WHEREVER YOU GO Easily schedule a court reporter and access your deposition transcripts & exhibits using our mobile app.
DEPOSITION SERVICES •Certified Court Reporters •Court-Appointed Official Reporters •Certified Legal Interpreters •24/7, Last Minute Scheduling •Nationwide Deposition Coverage •Deposition Suites, Conference Centers •Realtime Depositions •Electronic Transcripts •Electronic Transcript CD •Litigation Support Software Integration •Complete Case Management
VIDEO SERVICES •Certified Legal Videographers •Video Conferencing •Video Deposition Streaming •Video Transcript Synchronization •Digital Deposition Streaming •Video Editing Tools ONLINE & MOBILE SERVICES •Online Deposition Scheduling •Online Document Repository •Jilio-Ryan Mobile App •Mobile Transcripts •Productivity Enhancing Transcript Tools
DOWNLOAD OUR FREE APP TODAY!
Contact us today for more about our newest time-saving deposition and litigation support services.
JILIO-RYAN COURT REPORTERS
W W W. J I L I O R YA N . C O M
How to Build Your Law Practice with Dignity Here’s the only marketing plan you’ll ever need. by Trey Ryder
any lawyers spend thousands of dollars on complex marketing plans. But then, often, other priorities seize their attention and their marketing plans gather dust. Here’s the marketing plan I use for my clients.
Step 1 Identify the niche you want to fill and the services you want to market. When prospects hear your name, you want them to associate you with a specific type of services. For example, John Wilbanks is an estate planning attorney. Karen Ambrose is a tax lawyer. Mark O’Connor is a corporate lawyer.
Step 2 Identify the type of clients you want to attract. If you expect to hit your target, you must know where to aim. Identify your prospects by:
• Demographics – These are characteristics that identify
individuals by who they are (including gender, age, marital and family status, and occupation)—and what they have (including education, income, car and home).
• Psychographics – These are characteristics that identify
individuals by what they like and how they live, such as hobbies, interests and leisure activities—anything that will connect you with the audience you want to reach.
• Geographics – These are characteristics that identify
individuals by where they live, where they work, and where you can find your prospective clients.
6 Attorney Journal Orange County | Volume 125, 2016
Step 3 Identify how you and your services differ from those of your competitors. Positive differences are your competitive advantages. Negative differences are your competitive disadvantages. Identify both so you’ll know your strengths and weaknesses. Competitive advantages can include (1) your education, background and experience, (2) how well you serve and meet clients’ needs, and (3) the physical environment in which you serve clients. As a rule, the greater your knowledge, skill and experience, the higher the fees you can charge. Everywhere you deliver your marketing message—in written materials, at seminars, during interviews, on your website—clearly spell out your competitive advantages.
Step 4 Identify ways you can add value to your services so prospects choose you over all other lawyers. Ask yourself how you could provide services more efficiently, effectively, completely, or faster with your client benefiting from less risk and more value. I had a problem with the dealership that services my car. I lost one hour in the morning taking the car for service, and another hour in the afternoon retrieving the car. So I explained my situation to the service manager. He said, “No problem, I’ll send someone to pick up the car.” In just ten words, he added tremendous value to his services, at a cost of almost nothing. And I added two billable hours to my day!
Step 5 Learn how to establish your credibility and interact with prospects without selling. Today’s clients want confidence in your abilities, personal attention, and value for their money. When you interview your prospect, (1) ask what problem he wants to solve or goal he wants to achieve, (2) listen carefully so you know which points he considers most important, (3) offer information about your prospect’s problem and the solution you recommend, (4) provide facts about your background and qualifications, (5) explain how you’ve helped other clients in similar situations, and (6) allow your prospect to make his own decision without pressure from you.
Step 6 Compile and keep on computer a comprehensive mailing list. Your mailing list is your most valuable business asset. Whether your list contains 20 names—or 2,000 names— these people are the core around which you build a successful firm. Your mailing list should include (1) past and present clients, (2) prospects, (3) referral sources, and (4) editors and producers at media outlets that reach your target audience. Code your mailing list so you can call up whatever names you need. The critical element in your marketing program is your ability to add prospects’ names to your mailing list at whatever rate will bring you the number of new clients you want. If you know the names of specific people or companies you would like to have as clients, add them to your firm mailing list. Most rules of professional conduct either prohibit or limit how and when you can approach consumers who have an immediate need for legal services. But time and again, I’ve heard bar counsel tell lawyers that they can add prospects’ names to their mailing lists if those prospects might need legal services at some time in the future. This opens the door so prospects can receive your educational materials, newsletters and invitations to seminars. (If you have questions about this in your jurisdiction, check your rules of professional conduct or call your bar counsel.)
Step 7 Make sure prospects and clients can reach you easily without hassle. If prospects have a hard time contacting you, they will often call another lawyer. Consider the following:
• Menu of Options – Consider a voice mail menu to route calls
quickly: “If you’d like to receive our new Consumer’s Guide for Accident Victims, press one now. If you’d like to speak with Mr. Jones, press two now.” If your menu is long, you might tell callers they can skip the menu and make their selection at any time.
• Direct-Dial Numbers – If you want prospects and clients to
call you without going through your switchboard, offer your
direct dial number so they can reach you immediately.
• Toll-Free Numbers – If you are marketing to prospects who are a toll call from your office, install a toll-free number because, in many cases, prospects won’t pay to call you.
• Never-Busy Fax Numbers – Most phone companies offer
a fax backup service. It detects when your fax line is busy and reroutes a second fax into its computer. When your fax line is free, the backup service sends the fax to your fax machine.
• Voice Mail – Set up a voice mail system so you can answer
calls 24 hours a day and assure that no one gets a busy signal. During one series of radio commercials, I had a client who received 80 calls per commercial. (Do not use answering services with live operators because often, during peak hours, callers get busy signals or no one answers.)
• Pager Notification – If you want to be notified when you
have after-hours messages, you can add a pager to your system and it will page you according to your instructions.
• E-mail – Prospects often want to send you a note, but
don’t need to talk with you. Make sure you accept e-mail messages and check your mailbox often. Recently a lawyer contacted me by e-mail to set up a phone appointment. I asked why he didn’t call instead. He said he always makes his initial contacts by e-mail. We find that prospects who make their inquiries by e-mail tend to be more affluent, educated prospects.
Step 8 Compile your information and advice into your own unique educational message. Title your message so you attract the prospects you want— and so they realize that your materials will help them solve a problem or achieve a goal. A personal injury attorney might offer “5 steps to getting a fair settlement for your injuries.” A domestic relations attorney might offer “9 ways to reduce the pain and expense of divorce.” A business lawyer might offer “6 ways to reduce liability exposure and cut insurance costs.” On a sheet of paper, list each point along with your suggestions in plain English. Often, after doing nothing more than reading your materials, prospects will hire you because they trust you and believe that you know how to achieve the result they want. To increase the persuasive power of your materials, include more than one list. Start with an umbrella title, such as “guide.” For example, you might offer a Consumer’s Guide to Child Custody. Then you could offer a number of tips, secrets, mistakes to avoid, misconceptions, and more. To be effective, your educational message should (1) identify and explain your prospect’s problem, (2) prove the problem exists, (3) identify the solution, (4) prove the solution works, Attorney Journal Orange County | Volume 125, 2016 7
and (5) build you into the solution so your prospect hires you. Make sure your marketing message always explains the benefits of acting now—and what your prospects stand to lose or risk when they delay.
Step 9 Educate your audience with written information and advice. Write your message in a form that you can send to anyone who calls your office. Then, by offering to mail copies without charge, you attract calls from genuine prospects. When prospects call, they give you their names and addresses, which you add to your mailing list. Important: The longer your materials, the better. The longer you keep your prospect’s attention—and the more information you provide—the more likely he is to hire your services. Not all prospects will read everything you send. But many will, provided your materials are well written and relevant to the person’s problem. If your prospect is willing to give you his time and attention, you’re in a much stronger marketing position when you have answered his questions and explained the many ways he benefits from hiring your services.
Step 10 Educate your audience through articles and interviews. Media publicity provides you the opportunity to educate prospects, offer your written materials, and invite prospects to seminars. When you become the center of media attention, you establish a high level of credibility and—when your program is properly designed—you attract calls from prospects. One of my news releases landed my client on the CNN Headline News. Another client received 426 requests for his written materials after offering them on a radio talk show.
Step 11 Educate your audience through paid advertising. To assure that your message appears at the times and places you desire, buy advertising time on the broadcast media and space in the print media. Your ad’s focus should be to offer prospects more information by (1) inviting prospects to call for your free written materials, (2) inviting prospects to call for a free phone consultation, (3) inviting prospects to attend your free seminar, or (4) inviting prospects to visit your website.
Step 12 Educate your audience through seminars and roundtables. Seminars save time because you present information to many prospects at once. Also, seminars enhance your credibility and allow you to talk with qualified prospects in a non-threatening educational setting. Plus, seminars give prospects the opportunity to ask questions, discuss problems and request an appointment with you.
8 Attorney Journal Orange County | Volume 125, 2016
Step 13 Educate your audience through direct mail. Direct mail gives you the opportunity to educate prospects, offer your written materials, invite prospects to seminars, and invite prospects to visit your website. You can use direct mail to communicate with prospects already on your list, or to reach new prospects if you can identify prospects by their names and mailing addresses. Make sure you review your local Bar’s ethical rules about mailing information to non-clients. Usually, these rules relate to targeted direct mailings to persons known to need legal services, such as accident victims, and do not apply to prospects who may someday need your help.
Step 14 Educate your audience through a printed newsletter, e-mail alert or both. Send your newsletter to prospects, clients and referral sources. Your newsletter reinforces your marketing message, continues the flow of information, and serves as an ongoing contact. It adds value to the services you provide and acts as a tangible tool to increase referrals. Your newsletter can be as short as a one-page letter— or as long as you want. Frequency is more important than length. Mail your newsletter at least monthly. If you send an e-mail alert, consider sending it every week.
Step 15 Educate your audience with recorded messages. If you want to reach people who cannot attend your seminars, record your seminar or dictate the information onto CDs or DVDs. This helps busy people who can listen whenever they have a break or when they are in their car on the way to work. Recorded messages are highly effective educational tools for your website, as well.
Step 16 Educate your audience through an internet website. When you put your educational information on your website, it’s there 24 hours a day, whenever your prospect wants to read it. In addition, you can add recorded audio and video messages to your website. In fact, you can post a video of one or more seminars on your website so prospects can digest your educational message online. Include articles, checklists and recommendations. The more you educate your prospect, the more he trusts you and the more he values your knowledge. Try to answer every question your prospect might ask. The more
information you provide, the more you help your prospect qualify or disqualify himself as a candidate for your services.
Step 17 Educate your audience using new methods of communication in addition to those listed above. The only thing I can predict for the future is that we will continue to have new, more personal, more interactive ways to reach prospective clients than we have now. I suggest that you use these high-tech methods in the same ways that you use other methods in this marketing plan. If you’re limited to short messages—or if you prefer short messages—then you can offer an educational article by its title so you seize your prospect’s attention. Then you tell him where he can find the article, such as on your website, and provide a link that will take him there. If you can use long messages, then you can deliver educational information through all forms of social media. You select methods that you think will reach and attract your most desirable prospects. Then by testing various social media, you’ll discover which methods produce the results you want, and which methods you can cross off your list. The bottom line remains the same: You offer articles that you’ve written with titles such as mistakes, misconceptions, secrets, and steps. As your prospect reads the articles, he digests your marketing message, which creates for you a very high level of credibility. In addition, you educate him about your law practice and how you can help him solve a problem or achieve a goal. Then you invite him to call you for a phone conversation, schedule an in-person meeting, register for a seminar, or take whatever action you’d like him to take.
In Summary ... When you use several different educational methods together, they clarify and reinforce your message. This brings you more new clients than if you were to use any one method by itself. These 17 steps attract new clients, increase referrals, strengthen client loyalty and build your image as an authority without selling. What’s more, this plan gives you complete control over your marketing future. n Trey Ryder has designed Education-Based Marketing programs for professionals and businesses of all types. In 1980, he started working with lawyers who wanted dignified, upscale marketing efforts. His continuing education programs have been sponsored by local and state bar associations around the country. In addition, he served as an expert witness in a case involving lawyer advertising. Also, Trey's marketing method was cited in an article published by two psychology professors at Arizona State University.
Attorney Journal Orange County | Volume 125, 2016 9
SOUTHERN CALIFORNIA’S LEADERS IN… • ESI Processing & Hosting • Data Acquisition & Forensics • Managed Document Review • Paper-based Discovery Services • Court Reporting
FREE MCLE SEMINARS!
With offices in LA Downtown, LA Century City, Irvine and San Diego DTIGlobal.com
16842 Von Karman Avenue, STE 375, Irvine, CA 92606 Office: (949) 622-0650
10 Attorney Journal Orange County | Volume 125, 2016
Call us for information to schedule a complimentary in-person or webinar MCLE seminar on a variety of electronic discovery topics.
Keller/Anderle LLP BUSINESS TRIAL LAWYERS
COMMUNITY news n Archer Norris announces partners Gabriel G. Green and Sean D. Senn have been recognized by Lawyers of Distinction among the top 10% Intellectual Property Law lawyers in 2016. Candidates are identified through independent research by the Lawyers of Distinction organization and by nomination from fellow GABRIEL G. GREEN attorneys and current or former clients. This recognition is given solely to attorneys who have ascertained a high degree of peer recognition and professional competence, placing them in the top 10% of all attorneys in the United States. In connection with his intellectual property practice, Green has represented corporations and public SEAN D. SENN personalities in the copyright arena encountering infringement claims involving musical compositions, video game graphics, artistic and literary works. Green also assists clients with registering and protecting copyrights. In the trademark arena, he has successfully obtained monetary judgments against infringers who have misappropriated the rights to registered and unregistered marks, obtaining equitable relief for trademark holders in both State and Federal Courts to ensure future protection of their valuable trade and service marks. Green received his J.D. from the University of San Diego, School of Law. As Chair of the firm’s patent practice, Senn helps others start and build effective companies, with a strong focus on the biotech, pharma and medical device space. Senn has represented universities and nonprofit research institutions spinning off companies; supported research and development efforts by their PIs; and captured, managed and monetized their IP assets. He has worked with numerous tech companies, including both start-ups and those with mature growth, to build IP assets and position their patents to strategically complement and develop their value proposition. Senn is the co-founder of a biotech company called Immix Biopharma, committed to developing immunotherapeutics for cancer.
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 125, 2016
n Archer Norris is pleased to announce special counsel Jennifer C. Kalvestran has been invited to join the prestigious Claims and Litigation Management Alliance. A trusted advisor for insurance companies and their clients, Jennifer focuses her practice on all litigated JENNIFER C. matters, including insurance coverage KALVESTRAN and defense. The CLM is a nonpartisan alliance comprised of thousands of insurance companies, corporations, Corporate Counsel, Litigation and Risk Managers, claims professionals and attorneys. Through education and collaboration, the organization’s goals are to create a common interest in the representation by firms of companies, and to promote and further the highest standards of litigation management in pursuit of client defense. Selected attorneys and law firms are extended membership by invitation only based on nominations from CLM Fellows. n With only the top 1% of attorneys garnering this honor, Berger Kahn Managing Partner Craig Simon and Shareholders Sherman Spitz and David Ezra are designated Lifetime Achievement members to the “America’s Top 100 Attorneys” list in Southern California. It is the mission of “America’s Top 100” to recognize the most qualified and accomplished professionals by invitation-only after a multiphase selection process including third-party research and statistical analysis of a candidate’s professional experience, achievements, significant results, community impact, peer reputation, consumer satisfaction, and other proprietary factors specific to each profession. Membership is limited to the Top 100 professionals from each state in each category of practice who best exhibit excellence and the highest ethical standards in their respective professions. Berger Kahn congratulates our three attorneys admitted to “America’s Top 100 Attorneys” where they join the ranks among the most highly esteemed practitioners of the law.
COMMUNITY news n Jackson Lewis P.C., is pleased to welcome Principal Candace M. Harrison to the firm’s Orange County, CA office. Ms. Harrison, who joins Jackson Lewis from Littler, brings to the firm almost 15 years of experience representing management in a broad range of employment and labor law issues, including wrongful termination, CANDACE M. HARRISON discrimination, sexual harassment and workplace violence. Ms. Harrison regularly leads all facets of the litigation process, from initial investigation and filing through trial and appeal, for her clients—who range from Fortune 500 members to sole proprietorships and span a number of different industries, including real estate, retail, finance, technology and healthcare. She also advises employers on issues related to employer-employee relations, including litigation avoidance, employee handbooks, workplace investigations, compensation and severance packages and workplace data and privacy protection. Ms. Harrison speaks regularly on various employment law subjects, including leaves of absence, sexual harassment, and wage and hour compliance. She also provides on-site antisexual harassment training for employers. She received her B.A. from the University of Redlands and her J.D. from the Davis School of Law at the University of California. While in law school, she was a first place winner of the Roger J. Traynor California Moot Court Competition and second place winner in the Bernard E. Witkin Award for Excellence in Appellate Advocacy. She also served as a member of the Moot Court Board. n The most recent data from the American Bar Association shows that women account for 34% of legal professionals, yet law school graduates are split almost equally between the genders (52.7% men), revealing a discrepancy between available legal talent among women graduates and their tendency to work in field. Six women attorneys from Orange County law practices came to encourage students in the Girls Inc. Orange County externship program to shift this trend by inspiring and informing them on careers in the legal field. Feeling called to mentor the next generation of women leaders, Lei Lei Wang Ekvall, partner and co-founder of Smiley Wang-Ekvall, LLP and
fellow partner Kyra E. Andrassy recruited colleagues to participate in the panel, which shared wisdom with more than 50 tenth and eleventh grade students from high schools throughout Orange County. Additional panelists were: Kerri L. Strunk, founding partner of Hittelman Strunk Law Group, LLP; Erin Giglia, partner and founder of Montage Legal Group; Megan Wagner of the Orange County District Attorney’s Office; Marie D. DiSante, founding partner of Carothers DiSante & Freudenberger, LLP. The panelists addressed questions ranging from the typical responsibilities of an attorney and the different career opportunities available in the legal field to how to start your own firm. A recurring theme from each panelist was that students pursue studies and industries that they are passionate about. Female attorney panelists donated their time to this event in support of the mission of Girls Inc.: to inspire all girls to be strong, smart, and bold.
LEI LEI WANG EKVALL
KYRA E. ANDRASSY
Attorney Journal Orange County | Volume 125, 2016 13
Ted Wacker has built a booming personal injury practice and has earned himself a place amongst the most respected names in the Orange County legal community through perseverance and persistence.
by Jennifer Hadley
ew attorneys in the Orange County legal community need to be introduced to Ted B. Wacker, founder of Law Offices of Ted B. Wacker (TBW Law). As past president of the Orange County Trial Lawyers Association and current member of the Executive Committee of OCTLA, Wacker is also incredibly active in Consumer Attorneys of California (CAOC) and a member of Consumer Attorneys Association of Los Angles (CAALA). So it’s not surprising that he’s well known by fellow plaintiff’s attorneys. After all, he’s spent the last 16 years advocating for those who have suffered catastrophic injuries caused by automobile accidents, motorcycle accidents, pharmaceutical or defective medical devices, along with other injuries from a variety of accidents. Yet Wacker isn’t only known by fellow plaintiff attorneys. His more than 25 years of litigation experience began with work in defense, for the first 9 years of his career. During that time, he says he was mentored by some of the best of the best in the defense bar. Though his intimate involvement in the legal community is certainly a pillar of his tenured success in Orange County, it’s just one of four key prongs of persistence which have paid off for his clients, and his Newport Beach-based firm. Indeed, to say things are going well at TBW Law is a shameless understatement. (Aside from the fact that the competition-loving Wacker had just ruptured his hamstring and was facing surgery as of press time.) “I started my own firm 2 years ago with only 4 cases and no employees. Now I have more than 125 cases and 8 full-time employees. I have settled 2 of the biggest cases in Orange County in the last twelve months,” Wacker
16 16 Attorney Journal Orange County | Volume 125, 2016
says. “My dad always told me to ‘Keep up the hard work. Persistence pays off.’ It has been 25 years for me in this field so I would like to think my persistence is paying off in some small way to benefit my clients,” he adds humbly. He is quick to explain though, that his success didn’t happen overnight. On the contrary, he credits his success to passion, experience, a lot of time spent building relationships, earning an honorable reputation, and of course, building a proven track record of success.
Passion & Experience As Essential As a third generation attorney, Wacker’s passion for helping others was evident to those who knew the Washington State native as a young boy. “My grandfather was a Chaplain in the US Army. He was stationed in Germany after WWII and after the war, there were many orphaned children. He adopted three of those children. He really taught me about caring for people. He went on to become a minister in small town churches in Washington. I saw him help hundreds of people in my life, including many strangers he did not know,” says Wacker. Continuing he adds, “I remember as a young boy my parents gave me $5 for the week while I stayed with my grandparents. A young man came to my grandfather’s parsonage looking for work to just get a meal. My grandfather had him mow the lawn and gave him food and clothes in exchange. I felt so much compassion for this man I gave him my $5 so that it would help him. It really felt good to be able to do that. I was only about 8 years old when that happened but I saw what helping others really felt like.”
© christopher TODD studios
Left to right: Sandra Gomez, Sonia Saba, Dan Shah, Ted Wacker, Whit Bertch, Sandra West, Yesenia Madrigal In addition to learning that he found joy through helping others, Wacker’s father, a former plaintiff’s attorney who practiced in Seattle for 10 years before becoming a judge—a position he would hold for the next 30 years—also planted the seeds of service in Wacker. “He was my biggest influencer, by far,” he says. Thus, after earning a soccer scholarship to San Diego State University, Wacker stayed in America’s Finest City to attend the University of San Diego School of Law, and begin getting hands-on legal experience. “I clerked all through law school including for one of the biggest plaintiff’s firms in San Diego—Casey Gerry—and got great experience as a judicial extern on the California Court of Appeal, as well as the San Diego District Attorney’s office while in law school. I also bartended at various restaurants and bars in San Diego to help pay my tuition. I guess I could say that what I lacked in sleep or free time, I made up for with work,” he says with a laugh. Unfortunately, the plaintiff’s firm wasn’t hiring after Wacker graduated. Not one to be deterred, he instead took the opportunity to learn as much as he could about defense work. “I got great experience on the defense side early in my career with Carroll, Kelly & Trotter, where I was working with some of the best on the defense bar.” Eventually, Wacker’s longing to work on the plaintiff’s side won out, and he found himself thrilled to join Robinson,
18 Attorney Journal Orange County | Volume 125, 2016 18
Calcagnie, & Robinson. “It is really important to obtain great experience. I worked with some of the best mentors in the field including Mark Robinson. He is literally the Muhammad Ali of the plaintiff’s bar. I was part of the trial team led by Mark that resulted in a $51 Million verdict in Federal Court in New Orleans in 2006 that ultimately led to a $4.6 Billion global settlement,” Wacker says. “It is so crucial to work with great mentors, gain tremendous experience and surround yourself with experienced attorneys with a solid reputation.” By the time Wacker was invited to open and manage the Newport Beach office of Alder Law, he’d climbed his way to partner at Robinson Calcagnie, and was looking to try his hand at something new. But, he couldn’t shake the feeling that what he really wanted deep down, was the autonomy that would come with opening his own business. “Opening my own firm wasn’t specifically planned. It just happened on its own for a number of reasons, which were all good reasons, in hindsight,” he says
Reputation and Relationships As Indispensable Obviously Wacker’s 25 years as a trial attorney, coupled with his dedication to the legal community, and devotion to community service, have helped Wacker to build countless,
lasting relationships with both his clients and his colleagues. “We bring experience as well as sincere passion for our clients to each case. We invest a tremendous amount of time on each case, we hire investigators and undertake significant investigation for each case. Our litigation skills, including deposition taking, are among the best, after receiving tremendous experience at Robinson, Calcagnie, handling some of the most difficult litigations around the country,” Wacker says. Likewise, he adds, “We spend a lot of time getting to know our clients, including their families, friends and coworkers intimately. This really helps in order to humanize their condition [resulting from the injury]. We will spend hours at their home or attending doctor’s visits and talking to friends and family to understand their struggles. In many cases we also capture their lives on video by sorting through thousands of family pictures and videotaping their dayto-day lives to really capture how these significant injuries have impacted not only their lives, but their families’ lives in every way.” In short, Wacker says, “I’m a people person. I love working with individuals rather than huge corporations or insurance companies where sometimes the human element is lost in the shuffle.” As far as remaining active and of service to the local community as well as the legal community, during Wacker’s term as President of OCTLA, he selected Miracles for Kids, as the organization’s charity for the Top Gun Trial Lawyer’s event, which raised $100,000. “The funds were used to help support Miracle Manor, which is an apartment complex purchased to help families with children at Children’s Hospital of Orange County,” he says. This was particularly rewarding, as Wacker recalls the days when the OCTLA was thrilled when they raised $25K for charity. “Hitting that $100,000 mark was significant and rewarding. It felt great to know that The Orange County Trial Lawyers Association was honored with a plaque in Miracle Manor, on July 19th of this year.” As for TBW Law’s efforts to give back to the community? “We participate in the Adopt-A-Family program. Last year we adopted a family for Christmas whose daughter was diagnosed with cancer and the young girl lost her arm as a result. This and Miracles for Kids are both fabulous charities to be involved with,” Wacker says.
Record of Success Paves the Way to a Strong Future For as down to earth as Wacker is, he’s not shy about the fact that—likely due to his life as an athlete—he loves to win, and is extremely competitive. Fortunately, his skills have proven
that he and his clients deserve to win, and often times win by a landslide. By way of example, Wacker recently settled not one but two motorcycle accidents for millions, which have been the highest settlements in Orange County in the last year. The case that settled for $7 Million originally seemed impossible to win, according to Wacker. “The police report concluded the accident was our client’s fault. Our client was adamant that the police got it wrong. We unearthed a dash cam video from another big right that showed that much of what the police concluded was wrong. We determined that the defendant driver had lied to the police and the police relied upon this false information for their conclusion. We found other mistakes in the report regarding what witnesses observed. Once we changed the dynamic of the liability picture, we had to also focus on the damages in which our client had a below the knee amputation. We hired the top orthopedic expert in the world to have him evaluated. Our expert was a Professor of Orthopedic Surgery specializing in amputations and had evaluated more amputees than anyone else in the world as he was appointed by the US Army to evaluate hundreds of Iraq and Afghanistan War veterans who lost limbs,” Wacker says. In a separate motorcycle injury case within the last year, TBW’s client received an $8 Million settlement. “Although the police report in this case was in our client’s favor, the defense claimed our client was speeding and alleged comparative negligence. The damages portion of the case was also tricky. The plaintiff in that case had a number of surgeries to salvage his leg and had not had an amputation. However, our expert felt that he would likely need an amputation in the future and most likely, it would need to be an above the knee amputation. The difficulty was that we were faced with a jury trial in which our client had not yet decided to undergo the amputation. His injuries were therefore much less apparent with his leg still intact. So we had a huge hurdle to prove and argue his lifetime prosthetic damages,” Wacker explains. According to Wacker, both of these cases were referrals from fellow attorneys, as are a full 75% of the cases TBW Law takes. As the result, the firm is known for paying generous referral fees. The remaining 25% of TBW’s caseload tends to come from referrals from past clients, friends, or other professionals. As for upcoming cases to keep Wacker busy? There’s no shortage of cases coming in, and Wacker is honest when he says that his firm—which includes fellow attorney Whit Bertch, multiple contract attorneys, full-time paralegals and legal assistants, an office manager, along with a clerk and of course, a summer intern—is well positioned to continue taking tough cases and winning.
Attorney Journal Orange County | Volume 125, 2016 19
Contact: Ted B. Wacker TBW LAW 1000 Newport Center Drive, Newport Beach, California 92660 949-706-7100 firstname.lastname@example.org www.tbwlawfirm.com
20 Attorney Journal Orange County | Volume 125, 2016 20
© christopher TODD studios
“We have a very significant brain injury case in which a 25-year-old man was struck by a big rig on the freeway and nearly died. His life as he knew it has been shattered to pieces. This is a very tragic case and we hope to help significantly in this case,” Wacker says. If his firm’s past success is any indication of its future success, the future is going to be very bright for TBW Law. “I hope this success continues. I feel completely blessed for the success we have had,” he says. In fact, to celebrate the firm’s anniversary, TBW Law recently hosted more than 150 guests at their office, catered by Turnip Rose, featuring DJ Richard Blade (formerly KROQ, presently with Sirius XM Radio). “It was a great celebration with many colleagues, friends and family.” Things are clearly going well not only for his firm, but for himself personally, Wacker acknowledges. He admits he’s in a bit of a “sweet spot” with his personal and professional life, aside from the recent waterskiing/hamstring injury. “Although I am over 50, I still play on a few soccer teams for fun including the Barry Turner Football Club (BTFC) whom I have played with for 25 years,” he says. “Well, I did before this hamstring injury, so we’ll see. And Father Time is starting to take its toll, so I will likely need to move on to golf and tennis,” he jokes. He’s also thrilled to be able to spend more time with his family, with his new office starting off on such a firm footing. “I have an incredibly supportive wife, Erin who I met in the legal field over 20 years ago. She is a paralegal and understands this often hectic legal profession. We also have three incredible children Kelly, John and Danny, who are healthy and we are very involved in their lives, and their sports activities,” he says. And although Wacker’s father passed away in 2003, Wacker still counts him as the best example he could have hoped for. “When he passed away, King County renamed the courthouse building in his name, the Robert A.Wacker Memorial Building, which was a tremendous honor,” he says. Clearly, his father’s guidance to keep up the hard work was something Wacker took to heart, as persistence has certainly paid off, in ways Wacker never could have expected. “I love helping people, I enjoy the challenges of practicing law, and I love building relationships.” Plus, he adds a bit sheepishly, “I really thrive on the competition that advocacy for my clients brings out in me.” n
» EDUCATION • San Diego State University – 1988 • University of San Diego School of Law – 1991
» AWARDS • Super Lawyers, 2013-2015 • National Trial Lawyers Top 100 Trial Lawyers, 2011 • Past President of OCTLA • $8 Million and $7 Million Settlements in 20152016 – Largest settlements in Orange County in the last 12 months • American Jurisprudence Awards in Products Liability and Creditors Remedies
» MEMBER • American Bar Association, California Bar Association • American Association of Justice (AAJ), Consumer Attorneys’ Of California (CAOC) • Consumer Attorneys’ of Los Angeles (CAALA) • Orange County Bar Association (OCBA) • Board of Directors of the Orange County Trial Lawyers’ Association (OCTLA), 2007-Present • Executive Committee Member for Orange County Trial Lawyers, 2012-Present
“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
CAALA Past President and Trial Lawyer of the Year 2004 Los Angeles, California
“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
© 2015 RHLF
Are All of Your Law Firm Marketing Efforts Working Together? by Amanda Wiebke
here is a misconception that online and offline marketing do not go hand-in-hand. The truth is the two work together and greatly affect each other.
your audience. In addition, regular mentions of the firm’s awards or testimonials from your clients can be used across platforms.
Offline Marketing – Utilizes media channels that are not associated with the Web to create brand awareness.
Online Marketing – Includes strategies that utilize the Web to create brand awareness. Such as email, social media, and websites, to name a few. For any business, especially law firms, it is extremely important to maintain a level of interest and awareness for your brand both online and offline. If your marketing efforts for online and offline are managed by different people, it is important to make sure there is a shared vision. Many great ideas and strategies can go untapped if there is a lack of awareness of other aspects of your marketing campaign.
Visibility and Brand Awareness Your online visibility is just as important as your offline presence. You can reinforce brand recognition with a potential client when they find your firm during an online search and later see your TV advertisement. In order to maximize brand recognition, the firm’s message needs to be consistent and delivered in a cohesive way throughout all forms of marketing, both online and offline. If a potential client sees a statement on a firm’s website that says, “40 years of experience in personal injury law, over a million people successfully helped,” they are more likely to accept the statement and determine the firm is trustworthy and honest if the same message appears in multiple media. Having consistent information throughout all aspects of your campaigns will help establish trust with
22 Attorney Journal Orange County | Volume 125, 2016
The opportunity for new client leads increases as your online and offline marketing efforts work more closely together. Every marketing campaign is different and various combinations of efforts could be the secret sauce for generating a wider range of leads, and opportunities for signed cases. Potential clients may see a printed piece with the firm’s website listed, and reach out online after searching for the site. Or perhaps a potential client first discovers the firm’s website by search and decides to contact them after later seeing a newspaper ad. The paths of leads may vary greatly, but campaigns with unified online and offline efforts can produce more leads.
Communication is Key The key to a successful law firm marketing campaign depends heavily on the communication between those responsible for the online and offline strategies. Data needs to be shared to ensure that marketing efforts are performing as they should. Also, adjustments to campaigns can be made or capitalized on when communication is seamless. For example, the effectiveness of TV commercials targeting a specific geo may be validated by increases in website traffic after the spots air. Without considering the TV commercials, those spikes in web traffic from that geo would be unexplained. Only by coordinating efforts and sharing pertinent information can you maximize the benefit of all marketing activities.
Successfully Integrate Offline and Online Marketing Strategies One of the ways we law firms can help increase leads is through effectively integrating a client’s online and offline marketing efforts. Below is an example of a firm that has seen an increase in leads by ensuring that their marketing efforts are working together: • The firm advertised on a billboard along a main highway using a team photo and listing their firm’s Web address. • Through coordination of efforts, the same photo was added to their website. • Prospective clients saw the billboard, searched for the firm’s site on mobile, and after seeing the familiar image, contacted the firm via the website while traveling. Providing easy, accessible offline information about the firm and having an online presence that carried their brand across platforms proved effective for this firm. This is a great example of online and offline marketing working together: • A creative asset for distracted driving awareness was
developed as an online marketing effort to communicate the firm’s message, and the importance of not driving while distracted to avoid injury. • A TV commercial was also created to focus on this same important message. The commercial included the firm’s URL and directed viewers to the site to promote awareness and learn more about distracted driving. • The commercial was also available to view online and created a strong message that the law firm is trustworthy and cares about the community. High-quality marketing efforts that work together both online and offline prove to be effective in gaining exposure, brand awareness and overall lead opportunities for law firms. n Amanda Wiebke serves as an analyst and consultant with Consultwebs.com, working with consultants to ensure clients’ websites are running as smoothly as possible. Consultwebs. com provides a laser-focused, unique approach to marketing each law firm’s brand to their communities.
why you should refer your child sexual abuse or adult sexual abuse case to us: We have unmatched experience handling child sexual abuse cases for over twenty years. We have redefined the value of childhood sexual abuse cases and sexual abuse cases involving adults.
victories for children since 2012 high seven-figures paid seven-figures paid seven-figures paid seven-figures paid
Teacher touching two students in the classroom Teacher sexually assaulting student athlete Teacher putting student on lap in classroom 5-year-old girl molested by 5-year-old boy
victories for adults since 2012 high seven-figures paid seven-figures paid
Patient improperly touched by physician during exam Patient fondled by physician before surgery
groundbreaking privacy rights victory for child sexual abuse victim M.G. v. Time Warner, Inc., (2001) 89 Cal.App.4th 623 Generous referral fees paid pursuant to state bar rules.
the cifarelli law firm, llp
1.888.703.7833 ● 949.502.8600
Attorney Journal Orange County | Volume 125, 2016 23
Optimize Your Attorney Profiles and Gain More Authority by Rachel Harmon
hether you work for a large international or small boutique law firm, keeping local business information up to date is imperative to your brand’s health, but what about individual attorney profiles? When attorney profiles are properly optimized they can be very valuable, but they can also be a hassle, especially when dealing with a large firm that has many attorneys. Keeping up with all of the information needed to verify personal profiles and walking through the verification steps is time-consuming and often ends up at the bottom of a to-do list.
Why Does It Matter? There are many benefits for optimizing your online legal profiles. There is an obvious benefit to being listed on a directory site that ranks high in search results for the same keywords you would like your firm’s site to rank for. This is particularly helpful if your firm has just begun SEO (search engine optimization), which can be a long yet profitable process. Creating and maintaining a profile on major legal directories can boost brand recognition and firm awareness. If a potential client sees your information listed on an authoritative legal directory, the trust they may feel toward that particular platform has the potential to transfer to your brand. Another important yet more abstract benefit is link authority. There seems to be a never-ending chain of possibilities for
24 Attorney Journal Orange County | Volume 125, 2016
building your site’s authority through links. Directories typically allow you to add a link back to your own website from your online profile. Gaining free links from a high-authority website allows you to transfer some site authority to your site. In addition to a backlink to your own website, directories will often allow you to link to other social profiles for your firm, such as Facebook, LinkedIn, and Twitter, also known as barnacle link building. In addition, some of the websites you are linking to are considered aggregators, and the information contained on those sites is also used on other websites, which can mean even more links!
Optimize — Who and How The landscape of legal listing sites is vast, and some do not live up to the hype, so how do you know which websites to spend your time on? Below we will cover two sites that we feel are valuable and also briefly touch on a few free individual attorney listing options you should claim and optimize.
Justia Why we like it: Justia uses information from bar associations to populate their site with skeleton profiles which then need to be claimed and verified by a quick automated phone call before you can start optimizing. It is particularly valuable because the links built on your profile are followed and can boost the
ranking of the linked-to sites. Justia also allows you to add links to other social profiles, including some that are legal-specific. In addition, Justia is an aggregator for Cornell.edu. When you create a Justia profile you will automatically generate a profile on https://lawyers.law.cornell.edu. All of the links you specify on Justia will also appear on your Cornell profile.
Avvo Why we like it: Avvo consistently ranks well for many personal-injury-related terms and has quickly become a trusted name for legal searches. Avvo also pulls information from bar associations, and a profile can be claimed and verified a variety of ways. With a free account you are limited to four total nofollowed links back to your site and/or other social sites. Unlike Justia, Avvo allows you to gain reviews from clients and your legal peers. How to optimize: The key to optimizing your Avvo profile is to be very thorough. Avvo assigns a rating, which is a number that is based on how optimized your profile is. The best way to increase your Avvo rating is to thoroughly complete all information, then ask your peers for reviews. Client reviews are not calculated into the rating, but we highly recommend client reviews on Avvo since the site ranks very high for many key legal terms.
Other Free Profiles to Claim and Optimize Below is a very condensed list of niche sites available where attorneys can list their services. Be aware that not all websites are created equal and there are many directory sites on the web that you should avoid. The following list includes some free sites to use to gain listings. Note that some of these sites are geared toward firms and not individual attorneys. • Lawyerlegion.com • Lawyerland.com • Leadcounsel.org • Bestlawyers.com • Morelaw.com Claiming and optimizing listings for your firm is the best place to start when working on your local presence. However, completing your personal profiles can really help kickstart your local work. Being dedicated to improving your firm’s authority in your market through online listings can really pay off. n As a marketing consultant at Consultwebs.com, Rachel Harmon works with our team to create and implement a comprehensive marketing strategy tailored to each firm’s goals. By developing and implementing content additions, design changes and updates, social media activity, local search optimization, and other efforts, Rachel works to ensure that campaigns are effective for our clients.
California Tentative Rulings
Study. Learn. Win. Filing or opposing a motion? Bench Reporter is a searchable archive of tentative rulings. Use it to see how similar motions have been handled in the past and increase your chance of success.
Get the first month for just one dollar by entering promo code OCATTORNEY at checkout. www.benchreporter.com Attorney Journal Orange County | Volume 125, 2016 25
McIntyre’s Civil Alert Organized Succinct Summaries by Monty A. McIntyre, Esq.
Monty A. McIntyre has over 30 years of experience as a mediator and arbitrator. More than 35 years of experience as a civil trial lawyer representing both plaintiffs and defendants in business and commercial, bad faith, brain injury, construction, land use/CEQA, medical malpractice, personal injury, real property and wrongful death cases. To schedule a meeting with Monty A. McIntyre contact Kelsey Hannah at ADR Services, Inc. at 619-233-1323 or email@example.com
CALIFORNIA SUPREME COURT Torts (Components Parts Doctrine) Ramos v. Brenntag Specialties, Inc. (2016) _ Cal.4th _ , 2016 WL 3435777: The California Supreme Court affirmed the decision of the Court of Appeal that reversed the trial court’s granting of a demurrer without leave to amend. The California Supreme Court ruled that the protection afforded to defendants by the component parts doctrine does not apply when the product supplied has not been incorporated into a different finished or end product but instead allegedly causes injury when used in the manner intended by the product supplier. The California Supreme Court disapproved the decision in Maxton v. Western States Metals (2012) 203 Cal.App.4th 81. (June 23, 2016.)
CALIFORNIA COURTS OF APPEAL Arbitration Harris v. Tap Worldwide, LLC (2016) _ Cal.App.4th _ , 2016 WL 3439751: The Court of Appeal reversed the trial court’s order denying a motion to compel arbitration. While plaintiff never signed the arbitration agreement, he acknowledged receipt of both the arbitration agreement and the Employee Handbook before he began working. The arbitration agreement stated in Paragraph 10, “If Employee voluntarily continues his/her employment with TAP [Worldwide, LLC] after the effective date of this Policy, Employee will be deemed to have knowingly and voluntarily consented to and accepted all of the terms and conditions set forth herein without exception.” The Employee Handbook provided, “If for any reason, an applicant fails to execute the Agreement to Arbitrate yet begins employment, that employee will be deemed to have consented to the Agreement to Arbitrate by virtue of receipt of this Handbook.” Based on the uncontroverted language in the Employee Handbook and the arbitration agreement, plaintiff consented to arbitrate his claims when he began and continued working for defendant. (C.A. 2nd, June 22, 2016.)
26 Attorney Journal Orange County | Volume 125, 2016
Civil Code (Consumer Legal Remedies Act) Choi v. Mario Badescu Skin Care, Inc. (2016) _ Cal.App.4th _ , 2016 WL 3438077: The Court of Appeal affirmed the trial court’s approval of a class action settlement of a case seeking damages for marketing and labeling two face creams without disclosing all of the ingredients. The case settled before the class was certified. The Court of Appeal ruled that notice of a proposed class action settlement is governed by Civil Code section 1781(f), not by section 1781(d), and section 1781(f ) grants the trial court discretion to fashion the notice given to a settlement class. (C.A. 2nd, June 21, 2016.)
Civil Procedure (Anti-SLAPP, Demurrer, Summary Judgment) Brodeur v. Atlas Entertainment, Inc. (2016) _ Cal.App.4th _ , 2016 WL 3537089: In a defamation case arising from the movie American Hustle, the Court of Appeal reversed the trial court’s order denying defendant’s anti-SLAPP motion. The Court of Appeal concluded that a statement made by a “slightly unhinged” character in the movie was made “in connection with a public issue or an issue of public interest” and fell within the meaning of the anti-SLAPP statute. (Code of Civil Procedure section 425.16(e)(4).) Plaintiff, however, failed to show a probability of prevailing on his defamation and related claims and the trial court erred in denying the motion. (C.A. 2nd, filed June 6, 2016, published June 27, 2016.)
Employment (CFRA, FEHA) City of Petaluma v. Superior Court (Waters) (2016) _ Cal.App.4th _ , 2016 WL 3568106: The Court of Appeal reversed the trial court’s order compelling discovery of a prelitigation investigation by outside counsel on the basis that no privilege applied, and also finding that any privilege was waived by defendant asserting an avoidable consequences defense and placing the investigation at issue. The Court of Appeal disagreed, ruling that the employer’s prelitigation factual investigation was protected by the attorneyclient privilege and the work product doctrine even though the investigation was undertaken by outside counsel who was specifically directed not to provide legal advice as to which course
of action to take. The Court of Appeal also concluded that the employer’s assertion of an avoidable consequences defense did not waive any privilege claim when the investigation was initiated after the employee had already left their job with the employer. (C.A. 1st, filed June 8, 2016, published June 30, 2016.) Tanner v. California Public Employees’ Retirement System (2016) _ Cal.App.4th _ , 2016 WL 3611051: The Court of Appeal affirmed the trial court’s order denying a writ petition by plaintiff challenging the decision of defendant significantly reducing his expected retirement benefit. The Court of Appeal agreed with trial court that plaintiff’s $305,844 contract figure could not be used as plaintiff’s final compensation for purposes of setting his retirement benefit because it did not qualify as his pay rate due to the fact that the figure did not appear on a publicly available pay schedule. (C.A. 3rd, June 28, 2016.) Weisner v. Santa Cruz County Civil Service Commission (County of Santa Cruz) (2016) _ Cal.App.4th _ , 2016 WL 3440613: The Court of Appeal reversed the trial court’s order denying plaintiff’s administrative writ of mandamus seeking back pay and other benefits as part of the reinstatement of plaintiff’s employment. The trial court had found the writ petition was moot on the basis that defendant lost jurisdiction to grant relief because plaintiff resigned from his reinstated employment. The Court of Appeal disagreed, concluding that, even if plaintiff resigned in July 2014, such resignation did not divest defendant of jurisdiction over plaintiff’s administrative appeal. (C.A. 6th, June 22, 2016.)
Insurance Paslay v. State Farm General Insurance Company (2016) _ Cal. App.4th _, 2016 WL 3524086: The Court of Appeal reversed in part and affirmed in part the trial court’s order granting summary judgment for defendant in a case where plaintiffs alleged breach of insurance contract, bad faith, and elder abuse. The Court of Appeal found there were questions of fact regarding the breach of contract claim, so that ruling was reversed. The Court of Appeal ruled that the bad faith claim failed under the genuine dispute doctrine, and the evidence supporting that doctrine precluded the existence of triable issues regarding the elder abuse claim. (C.A. 2nd, June 27, 2016.)
Labor Walmart Stores, Inc., v. United Food and Commercial Workers International Union (2016) _ Cal.App.4th _ , 2016 WL 3573949: The Court of Appeal affirmed the trial court’s order granting a permanent injunction barring defendants United Food and Commercial Workers International Union and Organization United for Respect at Walmart from conducting demonstrations inside stores owned by Wal-Mart Stores, Inc., and affiliated companies. The Court of Appeal concluded that plaintiff’s trespass action was not preempted by the National Labor Relations Act (29 U.S.C. section 151, et seq.). (C.A. 2nd, June 30, 2016.)
Medical Malpractice Gopal v. Kaiser Foundation Health Plan, Inc. (2016) _ Cal. App.4th _ , 2016 WL 3524389: . The Court of Appeal affirmed the trial court’s order granting defendant’s motion for summary judgment in a wrongful death action. The trial court properly rejected plaintiffs’ enterprise theory of liability alleging that defendant Kaiser Foundation Health Plan, Inc., Kaiser Hospitals and Southern California Permanente Medical Group (SCPMG) formed a single enterprise and defendant could be held liable for any breach of duty by Kaiser Hospitals or SCPMG because the three entities should legally be treated as a single entity. (C.A.2nd, filed May 26, 2016, published June 23, 2016.)
Real Property Stewart Enterprises, Inc. v. City of Oakland (2016) _ Cal.App.4th _ , 2016 WL 3453650: The Court of Appeal affirmed the trial court’s order granting, in part, plaintiffs’ writ of administrative mandamus. The trial court properly ruled that plaintiffs had a vested right in a building permit allowing them to construct a crematorium based on a preexisting local ordinance. An emergency ordinance requiring a conditional use permit to operate a new crematorium, passed just five days after the permit was issued, was not sufficiently necessary to the public welfare to justify an impairment of that right. (C.A. 1st, June 23, 2016.) Ukiah Citizens for Safety First v. City of Ukiah (2016) _ Cal. App.4th _ , 2016 WL 3438353: The Court of Appeal reversed in part and affirmed in part the trial court’s judgment denial of a petition for writ of mandate challenging, under the California Environmental Quality Act (CEQA), an Environmental Impact Report (EIR) approving a proposed Costco retail store and gas station project. The Court of Appeal ruled that the EIR failed to sufficiently analyze potential energy impacts, and the adoption of an addendum to the EIR subsequent to approval of the EIR and the project failed to comply with CEQA requirements. The Court of Appeal rejected all remaining contentions of plaintiff. (C.A. 1st, June 21, 2016.)
Trusts and Estates Butler v. LeBouef (2016) _ Cal.App.4th _ , 2016 WL 3398418: The Court of Appeal affirmed the trial court’s findings that defendant, an attorney, used his license to take advantage of an elderly and mentally infirm person to enrich himself as the beneficiary of a $5 million estate. The trial court properly found that defendant, acting as decedent’s attorney and fiduciary, drafted or transcribed the 2006 will and trust; that defendant caused the loss of the original trust instrument, which made it impossible for the court to determine the true terms of the trust. The trial court properly declared the will and trust invalid and removed defendant as trustee, and ordered defendant to turn over the trust assets and pay $1,256,971 in attorney fees pursuant to Probate Code section 21380(d). The Court of Appeal noted that the trial court’s findings suggested criminal culpability. (C.A. 6th, June 20, 2016.) n Attorney Journal Orange County | Volume 125, 2016 27
7 Great Habits of the Most Successful People by Brian Tracy
any people wonder how they can become highly successful, not realizing that they hold within them everything they need to achieve all of the success they desire. Successful people are where they are today because of their habits. Habits determine 95% of a personâ€™s behavior. Everything that you are today, and everything that you will ever accomplish, is determined by the quality of the habits that you form. By creating good habits and adopting a positive behavior, you too can become successful and live a prosperous life.
Successful People Maintain 7 Good Habits For thousands of years, success in human life has been studied by great thinkers and philosophers. I have personally studied the subject for more than 30 years. What I have found is that the very best people have developed good habits. I have identified seven valuable habits that you need to develop if you want to perform at your very maximum in everything you do. Register today for my first live online event and unlock the secrets of using powerful habits to achieve your goals.
1. They are Goal Oriented The first habit is to become goal oriented. You need to be a habitual goal setter, and dedicate yourself to working from clear, written goals every day of your life. All highly successful people are intensely goal oriented. They know exactly what they want, they have it written down, they have written plans to accomplish it, and they both review and work on their plans every single day.
2. They are Results Driven The second habit of highly successful people is being results driven. This is made up of two practices. 1. The first is the practice of continuously learning so that you become better at what you do. 2. The second practice is that of time management. This
means setting very clear priorities on what you do and then concentrating single-mindedly on the most valuable use of your time. All really successful people are intensely result oriented.
3. They are Action Oriented The third major habit you need to develop is that of continually taking action. This is really the most important habit for material success. It is the ability to get on with the job and get it done fast. It is your ability to develop and maintain a sense of urgency, and a bias for action. Fast tempo in whatever you do is essential to your success. You need to overcome procrastination, push aside your fears and launch 100% toward the achievement of your most important goals. The combination of goal orientation, result orientation and action orientation, in themselves, will virtually assure great success.
4. They are People Oriented The fourth habit you need is people orientation. This is where you put relationships in the center of your life. This is your decision to cultivate within yourself the habits of patience, kindness, compassion, and understanding. Virtually all of your happiness in life will come from your ability to get along well with other people. The good news is that you can become a wonderful human being in your relationships with others when you decide to. As Aristotle said, the only way that you can learn any habit is by practicing it on a regular basis. The more you practice being a truly excellent person in your relationships with others, the more you will internalize those qualities and actually become that person.
5. They are Health Conscious The fifth habit that highly successful people develop is health consciousness. This means that you must fastidiously watch your diet, and always eat the right foods in the right portions. You must continues on page 30 ...
28â€ƒ Attorney Journal Orange County | Volume 125, 2016
100% of Practice Devoted to Litigation As a victim or fellow attorney, your complex, hard-fought injury case calls for a PROVEN, DYNAMIC TRIAL TEAM. We put experience gained in MORE THAN 100 JURY TRIALS to work for clients.
Plaintiff’s Personal Injury Cases; taking cases at all stages of litigation, including trial
Select State & Federal Criminal Defense Cases
BRUNO 4675 MacArthur Court, Suite 1270 Newport Beach, CA 92660
NALU Toll Free: (800) 844 6907 Phone: (949) 988-0932 www.brunonalu.com
exercise on a regular basis, continually using every muscle and joint of your body to keep it limber and fit. And finally, you must have good habits of rest and recreation that will enable you, in combination with diet and exercise, to live out your years in a healthy state. Remember, your health is the most important single thing you have, and it is completely subject to the habits that you develop with regard to the way you live.
6. They are Honest The sixth habit is that of honesty and integrity. In the final analysis, the character you develop as you go through life is more important than virtually anything else. Honesty means that you practice the “reality principle” in everything you do. You are completely objective with yourself and with the world around you. You set very clear values for yourself and you organize yourself around your values. You develop a vision for yourself and then you live your life consistent with your highest ideals. You never compromise your integrity or peace of mind for anyone or anything. This attitude of honesty is critical to your enjoying all of the other good habits that you are developing.
7. They are Self-Disciplined The seventh habit, and the one habit that guarantees all the others, is that of self-discipline. Your ability to discipline yourself, to master yourself, to
30 Attorney Journal Orange County | Volume 125, 2016
control yourself, is the most important single quality that you can develop as a person. The habit of self-discipline goes hand in hand with success in every area of life. Every one of these habits, being goal oriented, results driven, action orientated, people orientated, health conscious, honest and self-disciplined, can be developed. You are where you are and what you are today because of your habits. Your habits have been developing, mostly accidentally, from the time you were an infant. Today you can take complete control over the shaping of your character and personality, and everything that happens to you in the future, by making the decision, right now, to define and develop the habits that will lead you to great success. And when you develop the same good habits possessed by other successful people, you will enjoy their success as well. Your future will become unlimited. n Brian Tracy is recognized as the top sales training and personal success authority in the world today. He has authored more than 60 books and has produced more than 500 audio and video learning programs on sales, management, business success and personal development, including worldwide bestseller The Psychology of Achievement. Brian’s goal is to help you achieve your personal and business goals faster and easier than you ever imagined. You can follow him on Google+, Twitter, Facebook, Pinterest, LinkedIn and Youtube.
PRSRT STD U.S. POSTAGE
Post Falls, ID PERMIT NO. 32
Attorney Journal, Orange County, Volume 125