Attorney Journal, Orange County, Volume 117 by Attorney Journals

ORANGE COUNTY

Volume 117, 2015 • $6.95

Protecting Your Client’s Trade Secrets

How Your Law Firm’s Community Involvement Can Be a Win-Win-Win

Mike Fuller

Grant Brott

An Open Letter to Attorneys: Please, for the Love of God, Get Reviews!

J.R. Oakes

How to Generate New Law Firm Clients Using Speaking and Seminars

Stephen Fairley

Attorneys of the Month

Charisma: What Is It? What Will It Do for You?

Dr. Tony Alessandra People Can’t Be Held Accountable Until They are Given the Responsibility and Authority They Need

Bob Denney

McIntyre’s Civil Alert Organized Succinct Summaries

Monty A. McIntyre

Allison Worden & Deborah Dixon

of Gomez Trial Attorneys, San Diego Taking the Lead in the Courtroom and the Community

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ORANGE COUNTY LOS ANGELES SAN DIEGO SAN FRANCISCO SILICON VALLEY

2015 EDITION—NO.117

TABLE OF CONTENTS 6 What 95% of Law Firms Are Doing Wrong (And How You Can Fix It)

Stephen Fairley

8 Protecting Your Client’s Trade Secrets by Mike Fuller

10 Charisma: What Is It? What Will It Do for You? by Dr. Tony Alessandra EXECUTIVE PUBLISHER Brian Topor

12 COMMUNITYnews

EDITOR Wendy Price CREATIVE SERVICES Skidmutro Creative Partners CIRCULATION Angela Watson PHOTOGRAPHY Chris Griffiths

by Jennifer Hadley

STAFF WRITERS Jennifer Hadley Bridget Brookman Karen Gorden CONTRIBUTING EDITORIALISTS Bob Denney Dr. Tony Alessandra Monty McIntyre Stephen Fairley Grant Brott Mike Fuller J.R. Oakes 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.

ATTORNEYS OF THE MONTH

16 Allison Worden & Deborah Dixon of Gomez Trial Attorneys, San Diego Taking the Lead in the Courtroom and the Community

22 An Open Letter to Attorneys Please, for the Love of God, Get Reviews! by J.R. Oakes

24 How Your Law Firm’s Community Involvement Can Be a Win-Win-Win by Grant Brott

28 McIntyre’s Civil Alert Organized Succinct Summaries by Monty A. McIntyre

30 People Can’t Be Held Accountable Until They Are Given the Responsibility And Authority They Need

by Bob Denney 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 2015 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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WHAT 95% OF LAW FIRMS ARE DOING WRONG (AND HOW YOU CAN FIX IT) by Stephen Fairley

e have been doing a lot of secret shopper calls recently. Each time we do an event— like our monthly Rainmaker Retreat—we have attorneys who say or think “my firm is different,” so we decided to put that excuse to rest by calling firms and secret shopping them and then reporting our findings. Unfortunately, we’ve found that 95% of all the firms we are calling are doing a poor job at compelling Jessica, the caller, to do business with that firm or attorney. A few things that will dramatically improve that initial call experience for a caller include: 1. First and foremost, show empathy. Jessica calls personal injury firms all the time and the person on the other end of the phone never even says, “I’m sorry you were in an accident.” He/she immediately begins to ask questions without showing compassion. 2. If you mention your firm’s website, spell it out. Many attorneys have websites that are difficult to spell, so by taking an extra minute to spell it out you can ensure the caller will actually be able to find your website.

6 Attorney Journal Orange County | Volume 117, 2015

3. Always answer the phone with a smile and the firm’s name (Jessica repeatedly hears “law firm please hold”). 4. Before you place someone on hold, ALWAYS ask the person if it is ok. 5. Before you transfer a person, always get their name and number in case you get disconnected so you can call back. 6. Make sure whoever answers the phone likes that role and is able to dedicate his/her attention to the caller 100% (Jessica often felt like her call was annoying the person who answered). n

Two-time international bestselling author, Stephen Fairley is CEO of The Rainmaker Institute, LLC, the nation’s largest law firm marketing company specializing in marketing and lead conversion for small to medium law firms. Over 10,000 attorneys nationwide have benefited from learning and implementing the proven Rainmaker Marketing System. Over the last 12 years, he has become a nationally recognized legal marketing expert and been named, “America’s Top Marketing Coach.” He has spoken numerous times for over 35 of the nation’s largest state and local bar associations and has a large virtual footprint with his highly successful Rainmaker legal marketing blog and has over 150,000 followers on Facebook, Twitter and LinkedIn. For more information, please visit www.TheRainmakerInstitute.com or call 888.588.5891.

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Attorney Journal Orange County | Volume 117, 2015 7

Protecting Your Client’s Trade Secrets by Mike Fuller

Mike Fuller is the Co-Managing Partner of Knobbe Martens San Diego office and chair of the firm’s biotech practice group. Mike’s practice includes patent prosecution, strategic planning and counsel relating to infringement and licensing issues, and intellectual property due diligence studies and related negotiations for mergers and acquisitions.

hen you visit a client’s facility, did you ever wonder why you are required to sign in and agree to keep all information seen or heard during your visit confidential? In many cases, that confidentiality agreement is put in place to allow your client to maintain trade secret protection for their valuable information. Sophisticated clients use the confidentiality provisions to protect information that is readily seen, heard or read during a visit to their facility. For example, a company may have a special machine that performs an important manufacturing step. The use of that machine may be a valuable trade secret for the company because it makes their manufacturing process more efficient, and therefore less expensive. A visitor to the facility could easily see the machine on the manufacturing line and therefore know it’s being used in the process. Without some type of confidentiality agreement between the company and visitors, the trade secret in the use of that machine could be lost. Trade secrets need to be kept secret, or they lose their protection. Trade secret protection prevents the unauthorized misappropriation of valuable information, where the information has independent economic value from not being generally known to the public. California has adopted the Uniform Trade Secrets Act, which defines what a trade secret is, and how it should be protected.1 In order for a company to maintain information as a trade secret, the information must be kept confidential by efforts that are reasonable under the circumstances. This requirement that companies use “efforts that are reasonable” leads to clients mandating that all guests visiting their facility sign confidentiality provisions before they can enter. Many companies don’t realize how much trade secret information they have within their business. Customer lists, vendor lists, purchasing information and financial results can all be valuable trade secrets that should be considered for protection. This information, along with computer code, drawings and designs, can be misappropriated when an employee leaves a company. Manufacturing tricks and techniques that improve efficiency and yields may also be valuable trade secrets. All of this confidential information should be protected so that competitors don’t benefit by gaining access to the information. The last thing a company needs is for its employees to learn all its manufacturing processes, and then leave to teach a competitor the same techniques. 1

8 Attorney Journal Orange County | Volume 117, 2015

Cal. Civil Code §§ 3426-3426.11

However, only requiring visitors to sign a blanket confidentiality form may not be reasonable enough protection depending on the trade secret being protected. Imagine the case where the client’s main product is a beverage that is marketed as having secret ingredients that competitors can’t determine. The secret ingredients give the beverage a unique flavor desired by customers and is a main selling point of the beverage. It may not be reasonable to only require guests to sign a confidentiality agreement on entering the office if the exact ingredient list of the beverage is posted on a wall that is easily viewed by everyone entering the facility. A court may find that for such an important secret, it would only be reasonable for additional steps to be taken to maintain that trade secret. For example, a court could find that the formula should be stored in a locked safe, with limited access by only selected employees. Each specific trade secret must be evaluated so that the required reasonable steps are taken to maintain that trade secret in confidence. In order for your clients to know what reasonable steps are necessary to protect their trade secrets, they should take a two-step approach. The first step is to specifically identify what formula, pattern, compilation, program, device, method, technique, or process they want to protect as a trade secret. Without this identification step it can be difficult to determine what steps are reasonable to protect the information. Any information that is designated as a trade secret should be clearly labeled as “CONFIDENTIAL” or “TRADE SECRET” in a manner that is appropriate for the type of information being protected. Papers can be stamped with an ink stamp. Computer files can be labeled as confidential, and stored in a directory that has limited access to only certain employees. Machines or processes can be labeled with “CONFIDENTIAL” stickers to indicate to visitors and employees that there are trade secret aspects to the use of the particular machine. After the trade secret is identified, and labeled as confidential, the second step is to determine what would be reasonable, under the circumstances, to maintain that information as secret. Each different trade secret may require different steps to maintain its secrecy. Special formulas that hold tremendous value may need to be kept in a locked safe. Less valuable information could be protected with only the signed confidentiality provision on entrance to the facility. Particular machines may need to be segregated into locked rooms that require certain credentials to enter. In general, the more monetary value ascribed to a trade secret, the more extreme steps are required to reasonably maintain its secrecy. The company may also put additional layers of audit tracking or security in place to ensure that the steps they are taking to protect the identified trade secrets are reasonable. Employee access to certain computer files may be monitored and tracked. Electronic locks on doors can monitor who comes and goes from segregated rooms that contain trade secret information or equipment. Management may schedule regular audits of this

information to determine if unauthorized users are accessing the trade secret information. In some cases, security guards may be hired to individually check access credentials to very sensitive information. Your clients should also be proactive with educating their employees on the importance of maintaining the confidentiality of information that is designated as a trade secret. Employees need to clearly understand what information is a trade secret, and how they are supposed to act to maintain the confidentiality of that information. Reminding your client to perform regular educational and training updates with their employees who work with trade secret information is one good way to reinforce the value of the information. The company should clearly explain what is expected of each employee by the company to maintain its trade secret protections. The employee manual is a good place for your client to outline its policies and procedures for maintaining trade secret information. That manual should have a section devoted to informing employees of their responsibilities to maintain company secrets in confidence. In addition to a handbook, many companies also require their employees to sign nondisclosure statements which can prevent the employee from discussing any confidential work information with third parties during, or after, the term of their employment. Whenever an employee leaves a company, particularly on bad terms, there is a risk that the employee will take trade secret information with them in an attempt to jump-start their job search. This is where your client’s identification of its trade secrets becomes important. A company should first determine what access the departing employee had to particular trade secrets, and then look to see if that information was recently accessed by the employee. If such access is found, the company may want to write to the departed employee and remind them of their duty to keep all trade secret information confidential. If there is evidence that actual information was taken by the employee by, for example, downloading it to a thumb drive or emailing it to their personal email accounts, further steps and consultation with an intellectual property attorney may be warranted. Finally, a company may want to monitor where each employee that leaves the company gets hired. Some employees may move to a completely different career where any trade secret information would be unlikely to be used. Other employees may move to a direct competitor and be in a position where your company’s trade secrets could be valuable information. It’s this circumstance that is the most frightening for most businesses and where a managed and organized trade secret protection program will pay off. Help your clients protect their trade secrets by having them specifically identify each trade secret used to protect their valuable information. Then make sure they are using reasonable steps to protect those trade secrets so that if there is ever any misappropriation of the trade secret they have options to enforce their rights under California law. n Attorney Journal Orange County | Volume 117, 2015 9

CHARISMA

What Is It? What Will It Do for You? by Dr. Tony Alessandra Dr. Tony Alessandra, CSP, CPAE, has authored 13 books, recorded over 50 audio and video programs, and delivered over 2,000 keynote speeches since 1976. Copyright© 1999, Tony Alessandra. All rights reserved. This article has been adapted from Dr. Alessandra’s book, Charisma (Warner books, 1998). Dr. Tony Alessandra is recognized by Meetings and Conventions Magazine as... “one of America’s most electrifying speakers.” For information about Tony’s keynote presentations, please call The Frog Pond Group at 800-704-FROG (3764) or email susie@frogpondgroup.com.

harisma is easy to spot but hard to describe. Nailing down a definition is like trying to define America. And the effort is made more frustrating because we all tend to overuse the term, lavishing it indiscriminately on insolent athletes, glamorous film stars, and fanatic cultists, as well as on genuinely enchanting and inspirational personalities like, say, John F. Kennedy, Dr. Martin Luther King, Jr. and Princess Diana. Here’s my definition:

Charisma is the ability to influence others positively by connecting with them physically, emotionally, and intellectually. I’m convinced that, popular wisdom to the contrary, charisma is not in your genes—and it’s not beyond your grasp. You already have charisma, but it’s not configured the same way in you as it is in the person next to you. Think of it this way: Each of our personalities consists, let’s say, of a series of containers, like cups or glasses. If all the glasses were filled to the top, you’d be so charismatic people would think you were a god—and you’d probably think so, too. Some really, really gifted people may come close to this ideal. But, for most of us, some of the glasses are nearly empty, some brimming, yet others are partially filled to varying degrees. Together they constitute our charisma, or at least our potential charisma. Still, I’ve wanted to be able to describe charisma more concretely. So I’ve thought a lot about it, done applied research and formed some opinions. I’ve also studied the literature, going back decades, and compared the conclusions of scholars with my own observations. Though the results may not be strictly scientific, I’ve sought to reduce charisma to its bedrock. What I’ve come up with are seven qualities that I’m convinced are at its core. Here’s how I see those seven main components of charisma, or the “glasses,” if you will: 10 Attorney Journal Orange County | Volume 117, 2015

• Your silent messages. You make a statement about yourself even before you open your mouth. This is your “silent message.” It’s the way you carry yourself, physically, emotionally, and intellectually. • Your ability to speak well. You may have a terrific idea, but who will know if you can’t articulate it? • Your listening skills. Rarely taught and infrequently practiced, listening is nonetheless a key to communicating and making others feel special in your presence. • Your persuasiveness. This is your skill at motivating others to follow your lead or adopt your idea. No idea, however great, ever gets anywhere until it’s adopted. • Your time and territory smarts. How you honor or violate another person’s personal space and time will affect the amount of tension or trust between you. • Your adaptability. Building bridges to others is impossible without understanding how to treat others the way they would like to be treated. • Your vision. What do you feel passionately about? What do you care really deeply about? Whatever your objective, you’ll never influence anyone to change their ideas or take action if you don’t feel strongly about it yourself. You can apply these seven elements of charisma to your personal life, your job, or in any setting where the ability to influence others positively is beneficial. And the wonderful thing about charisma is that it makes you powerful without making others less so. That’s because the kind of power I’m talking about is personal power, rather than position power, the kind of power that doesn’t take power away from others, but gives you and them the power to achieve favorable outcomes. The potential to be more charismatic is within you. And the payoff for doing so has never been higher. n

COMMUNITY news n Berger Kahn Principal Dave Ezra was named the Best Lawyers 2016 Insurance Litigation “Lawyer of the Year” in Southern California. Since it was first published in 1983, Best Lawyers has DAVE EZRA become universally regarded as the definitive guide to legal excellence. Best Lawyers lists are compiled based on an exhaustive peerreview evaluation. Over 79,000 leading attorneys globally are eligible to vote, and for the 2016 Edition of The Best Lawyers in America, 6.7 million votes were analyzed, which resulted in more than 55,000 leading lawyers being included in the new edition. Corporate Counsel magazine has called Best Lawyers “the most respected referral list of attorneys in practice.” Berger Kahn is thrilled to see Dave recognized with this honor.

LEFT TO RIGHT: TODD FRIEDLAND, MEI TSANG, BOB FISH, JOHN STEPHENS

n Award-winning intellectual property law firm Fish & Tsang LLP (F&T), along with notable business and commercial litigation firm Stephens Friedland (SF), celebrated the grand opening of their shared Irvine office on Oct. 20. More than 250 business and legal leaders from across Orange County joined F&T and SF to toast the firms’ longstanding relationship and new collaborative office footprint—a popular trend among law firms with shared legal visions and company values.

n Fisher & Phillips LLP announced that attorney John K. Skousen has joined the University of Redlands as an adjunct faculty member. Skousen, a partner with the Irvine office of Fisher & Phillips, focuses his practice on wage and hour law, class action and employment litigation. With his unique blend of management, teaching and legal work, Skousen JOHN K. SKOUSEN will be instructing on the topic of employment law. Skousen represents employers in class actions and other employment litigation. In addition, he creates and presents webinars and conducts management training on a variety of topics, including management practices impacting on state and federal equal employment opportunity laws, harassment prevention and compliance with state and federal wage and hour laws. Prior to law school, Skousen worked in various management positions in a prominent Fortune 500 company. Skousen earned a bachelor’s of science degree from Brigham Young University, a master’s degree from the University of Redlands, and a juris doctorate degree from the University of Mississippi, School of Law. n Latham & Watkins LLP is pleased to announce that 25 associates have been elected to the partnership and 31 associates have been promoted to the role of counsel, effective January 1, 2016. The group includes lawyers from across the firm’s five departments who are based in Asia, Europe, the Middle East and the United States, reflecting HILARY A. SHALLA a breadth of legal capabilities in the world’s major financial, business and regulatory centers. In Orange County, Hilary A. Shalla is a member of the Finance Department. Her practice focuses on real estate transactional matters, including acquisitions, dispositions, joint ventures, leasing and financing of complex real estate portfolios, as well as the development of commercial real estate. She has particular experience advising on REIT and MLP transactions, including in connection with initial public offerings, mergers and other similar transactions. Shalla received her JD from the Northwestern University School of Law in 2005.

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 117, 2015

COMMUNITY news n Umberg Zipser LLP is pleased to announce that partner Scott B. Garner and associate Todd W. Smith have joined the firm. Scott and Todd were previously with Morgan Lewis in Orange County. Scott represents clients in complex business litigation matters. Along with his focus SCOTT B. GARNER on lawyer liability disputes and ethics counseling, his practice extends to securities litigation, intellectual property litigation, corporate governance, an d hospital and healthcare law. Todd also has significant experience representing lawyers and law firms. He also represents clients involved in securities class actions, shareholder and derivative litigation, financial TODD W. SMITH services litigation, regulatory investigations, trade secret and unfair competition claims. Scott received a J.D., cum laude, from Harvard Law School in 1991 and a B.A. with distinction from Stanford University in 1988. Todd received a J.D. from University of Southern California School of Law in 2002 and a B.A. with honors from University of California, San Diego in 1995. n For the second consecutive year, Smiley Wang-Ekvall, LLP has received a “Metropolitan Tier 1 Rankings” designation for Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law (2016) by U.S. News – Best Lawyers®. The “Best Law Firms” designation recognizes firms EVAN D. SMILEY for professional excellence, which also received consistently impressive ratings from clients and peers. Achieving a “FirstTier” ranking indicates an exceptional combination of legal knowledge, experience and expertise. “We are pleased and honored that our firm is recognized as a First-Tier Best Law Firm,” said Evan D. Smiley, partner of Smiley Wang-Ekvall, LLP. “This recognition is a reflection of the legal expertise, leadership, and integrity of our attorneys. We are especially proud that we have assembled an exceptional team of attorneys who collaborate with our clients to deliver optimal results utilizing our substantial depth and breadth of experience in our practice areas of business insolvency and bankruptcy, business litigation, and real estate.” Attorney Journal Orange County | Volume 117, 2015 13

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TAKING CHARGE

in the courtroom & the community Gomez Trial Attorneys Deborah Dixon and Allison Worden have emerged as pioneers in unique practice areas for the renowned plaintiff’s firm, all the while standing as beacons of leadership in the San Diego legal community. by Jennifer Hadley

GOMEZ TRIAL ATTORNEYS is unquestionably one of the

most recognized and renowned personal injury firms in Southern California. However, due to the firm’s refusal to pigeonhole itself as a strictly traditional P.I. firm, in recent years Gomez Trial Attorneys has earned a well-deserved national reputation as the plaintiff’s firm that will not only take on all cases they believe in; they will take them to trial, and then they’ll win. With a dedication to helping and serving others through countless community service engagements, educational efforts, and unmatched trial expertise, Gomez Trial Attorneys is consistently at the forefront of fighting for justice in emerging plaintiffs practice areas. Senior Trial Attorneys Deborah Dixon and Allison Worden are two of the firm’s Senior Trial Lawyers who clearly stand as pioneers in these emerging and expanding practice areas for the firm. Dixon and Worden also happen to serve as beacons of leadership throughout San Diego.

DEBORAH DIXON: TAKING CLASS ACTIONS TO TRIAL TO HELP AS MANY AS POSSIBLE

“The law affects everyone in some way, every day we interact with laws,” Dixon says of first becoming interested in law. “I loved the idea of learning about something that affected so many of us in our lives, and then having the ability to help people navigate the legal system and legal issues.” After graduating from California Western School of Law, she went on to begin her career in complex litigation. Knowing she wanted to be able to help as many people as possible in one action, Dixon joined Gomez Trial Attorneys and emerged as leader of the firm’s class action practice. She quickly found that she was one of very few woman practicing in class actions. She would soon find even fewer women taking class action cases to trial. 16 16 Attorney Journal Orange County | Volume 117, 2015

Dixon says, “My typical client is a representative of hundreds or thousands of other clients, sometimes nationwide. Class actions are unique because we never have the privilege of meeting all of our clients; we can’t because the class is so big. But we are able to provide a remedy or a benefit to many people who have been harmed by fraud or a defective product or unlawful practices.” In addition, Dixon points out, “Class actions do not go to trial often, rarely, in fact. But our firm is designed for trial. John Gomez and I had the unique opportunity to try a nationwide federal class action in Central District recently. We navigated new areas and experiences as non-security class action jury trials just don’t happen often. We are also able to help other lawyers as they are getting close to trial and often meet with attorneys to strategize about what it looks like to get to trial in a class action case.” Dixon is well equipped with the resources and the training to go to trial as well. “We have a full mock courtroom that we use often, and coordinate focus groups and mock trials to hear from mock jurors their feelings about the case and observe their deliberations. It is very useful preparation, and not all firms are able to dedicate these resources. We do have the resources and in every class action it is really insightful. We want to make sure that we can truly help people on a large scale level, so we try to ensure we are taking cases that will get certified so that we can be the voices for many people. “These cases aren’t just about one person. They may start with one person, or a few people, but ultimately hundreds or thousands are affected,” she says. From automobile defects to defective products, to victims misled by large scale false advertising, Dixon says that helping those she has never met is particularly fulfilling. “It is the benefit of class actions and is a constant reminder that it would be impossible for all of the

ATTORNEYS

OF THE MONTH

2015 2014

17 Attorney Journal Orange County | Volume 117, 2015 17

people harmed to bring an individual case, because it would not be worth it on an individual level. Class actions allow a lot of people to get a benefit when just a few stand up and fight.” Given Dixon’s natural proclivity for standing up for others, it’s not surprising that her desire to serve in capacities which help as many others as possible extends outside of her work as a Senior Trial Attorney. As current President of Lawyers Club of San Diego, the largest specialty bar association in San Diego, whose mission is to advance the status of women in the law and in society, Dixon says that her desire to “advocate for women’s equality and celebrate the status of everyone, not just women lawyers, but all women,” drove her to her leadership position. “I am very passionate about equal rights for women and helping women not just break the glass ceiling, but smash it to pieces so that it cannot be recreated in future years. The organization and its members inspire me; it is so great to educate about the pay gap and lack of parity, but to also coordinate action and develop solutions of what we can do to ensure San Diego rises above the gap and leads the charge to ensure women are given fair and deserving opportunities to be promoted, recognized for their work, and to be evaluated on the same criteria as their counterparts.” Likewise, Dixon is devoted to giving back to the school she says she has “nothing but good things to say about.” She credits her law education with the life she has now, and says she feels an obligation to pay that back, through serving as the President of California Western School of Law Alumni Association Board. “I love meeting fellow alumni and hearing their experiences and successes, and I enjoy mentoring younger lawyers. Seeing people raised up in all capacities is fuel for me.” 18 Attorney Journal Orange County | Volume 117, 2015 18

ALLISON WORDEN: AT THE FOREFRONT OF FIGHTING FOR VICTIMS OF BULLYING ON SCHOOL CAMPUSES

“I grew up in a law enforcement family. My dad was a police officer with the San Diego Police Department and always instilled in us a sense of duty to public service and helping the community in which you live. He joined the Police Department as a cadet at 17 years old and retired as an Assistant Chief after 38 years of service. He sat on numerous boards, including Crime Stoppers. He felt a sense of responsibility, and was not content to be a bystander. My mother stayed at home with us, and we watched as she volunteered consistently for the hospitals, and sat on auxiliary boards of volunteers. My sisters and I were candy stripers and began serving our community when we were very young. There was almost no chance I wouldn’t become a public servant,” Worden says with a laugh. “I thought becoming an attorney would enable me to help people and contribute in a significant way to the community,” she adds. As such, after earning both her Bachelor’s Degree and Law Degree from the University of San Diego, she began a 12-year career as a Deputy District Attorney in San Diego. “I became an attorney to help people who have suffered significant harm achieve some justice.” During her time as a Deputy District Attorney, Worden tried more than 80 cases to a jury verdict along with an additional 25 bench trials. She prosecuted crimes including domestic violence, elder abuse, sexual assault, narcotics, fraud, vehicular crimes, property crimes, assault, robbery, and homicides, gaining invaluable trial experience in all levels of criminal law. It was

campuses has become all too prevalent of late. Holding these perpetrators accountable and bringing these issues to the forefront is the only way we are going to be able to change the culture on school campuses and protect the future students and generations from being harmed.” Worden’s involvement in one particular case where a 14-yearold student was videotaped in the school bathroom, which led to relentless bullying both on campus and online, solidified her determination to fight for victims of on-campus bullying. The student committed suicide two weeks after the bullying began. “No amount of money is going to help families recover from this type of loss. What they are looking for is accountability. Principals of schools have a mandatory duty to protect and prevent bullying on campus. Unfortunately, no one is taking action,” Worden says. To that end, Breach of Mandatory Duty cases often run parallel to wrongful death lawsuits. Named defendants may include the student perpetrators, but also often include principals or counselors, or the school itself. “Bankrupting the perpetrator’s parents isn’t the end goal. We look at ways to have the students who are bullying take accountability in various ways, including going to speak to other students about the severe consequences of bullying on campus,” Worden says. “We want to educate the public and the schools, and administrators

precisely this hands-on experience as a prosecutor that made her transition to a plaintiff’s trial attorney remarkably seamless. “The burden of proof is on the plaintiff in a catastrophic injury case, just like the burden of proof is on the prosecution in a criminal case,” Worden says. “Joining Gomez Trial Attorneys was a perfect fit for me, since we are known for going to trial, and many of our civil cases do have criminal overlays.” Moreover, like Dixon, the firm’s history of service to the community resonated loudly with Worden, and was a determining factor in her decision to transition into plaintiff’s work specifically as a trial attorney with Gomez Trial Attorneys. “Giving back is so important to John Gomez. I have watched him shut down the office so that we can be involved in community service events, or fundraisers. We aren’t just writing checks, we are out participating in our community.” Given Worden’s experience in prosecuting so many heinous crimes, and a true passion for helping victims of injustice, she focused her attention on victims of catastrophic injuries upon joining Gomez Trial Attorneys. However, one case would open the door for a new niche. “Recently I have focused a portion of my practice on representing children who have been victims of bullying, or injured, whether by sexual or physical abuse, on a school campus. Unfortunately bullying and sexual assault on school

Attorney Journal Orange County | Volume 117, 2015 19

LEADING THE CHARGE INTO THE FUTURE

Dixon and Worden are unequivocally powerful plaintiff’s trial lawyers. For all of their differences in their individual practice areas and niches, they share a nearly identical philosophy regarding the undeniable link between leadership and lawyering. “Being an advocate does not mean you have to be adversarial. Professionalism is paramount in our community, and I believe in making connections, being an active part of the San Diego legal community and giving back through interests I am passionate about,” Dixon says. Worden agrees, “Helping the legal community by serving in leadership roles, helps the community at large, because better lawyers mean that people in our community are getting better representation.” n Contact: Gomez Trial Attorneys www.gomeztrialattorneys.com ddixon@gomeztrialattorneys.com aworden@gomeztrialattorneys.com 619-237-3490 655 West Broadway Suite 1700 San Diego, CA 92101

20 Attorney Attorney Journal Journal Orange Orange County County || Volume Volume 117, 117,2015 2015 20

©Christopher TODD Studios

EXPERIENCE

so that students who are being bullied can speak up, and feel confident that they will be protected,” Worden says. The publicity from that case led to an influx of referrals from fellow attorneys who simply didn’t know how to take and handle similar on-campus bullying and assault cases. Suffice it to say, Worden has been more than willing to serve as an advocate for numerous bullied students since then, thereby inadvertently creating a niche for herself as the trial attorney who literally stands up to schoolyard bullies. Worden’s ingrained desire to help others and serve her community has led her into prominent leadership roles outside of her work as a Trial Attorney. She is currently serving as the President for the San Diego Inn of Court, where she is also an instructor and workshop leader for the Colleges of Evidence and Trial Advocacy Programs. “The programs may have as many as 300 students at a time. We are working to help them become better trial lawyers. It’s always better to go up against a good, skilled lawyer than a bad one, because it makes you work harder, provides better representation for the client, and it pushes you personally to become a better lawyer.” Worden has also served as an adjunct professor at her beloved University of San Diego, where she was inducted into the San Diego Hall of Champions as a Star of the Month, after being named to the West Coast Conference All-Conference Team as a soccer goalkeeper four years in a row. She has taught Criminal Law, Procedure and Politics at the school over the years.

Allison Worden

Deborah Dixon

» EDUCATION

• University of San Diego, Bachelor of Arts (B.A.), English • University of San Diego School of Law, Juris Doctor

» PROFESSIONAL ASSOC. AND MEMBERSHIPS

• Board of Directors for the San Diego Inn of Court • President for the San Diego Inn of Court • San Diego County Bar Association • Federal District Court for Southern and Central Districts • Consumer Attorneys of San Diego • Consumer Attorneys of California • American Association for Justice • Adjunct Professor for the University of San Diego

» OUTSIDE INTERESTS

• Jogging, hiking, snowboarding, waterskiing, and spending time with her husband Evan and their two children Avery and David

» FAVORITE QUOTE

“Success is not final, failure is not fatal; it is the courage to continue that counts.” –Winston Churchill

• California Western School of Law, Juris Doctor

» PROFESSIONAL ASSOC. AND MEMBERSHIPS

• San Diego Bar Association • President of Lawyers Club of San Diego • California Western School of Law, Alumni Association—President

» HONORS AND AWARDS

• San Diego Metro Magazine, “40 Under 40” designation, 2014 • San Diego Business Journal “Best of the Bar,” 2014 & 2015 • Super Lawyers, “Rising Star,” 2014 & 2015 • The San Diego Daily Transcript, Top Attorney, 2015 and Top Young Attorney, 2012 • The San Diego Daily Transcript, Women of Influence, 2012

» OUTSIDE INTERESTS

• Hiking with husband Matthew and their dog, Nikita, and fostering dogs through Second Chance Dog Rescue

AN OPEN LETTER TO ATTORNEYS PLEASE, FOR THE LOVE OF GOD, GET REVIEWS! by J.R. Oakes

nyone who has been in the search marketing business for more than a month will tell you that getting online reviews is one of the most important and effective marketing activities in which local businesses can invest their time and resources. The reason is “social proof.” From Wikipedia: Social proof, also known as informational social influence, is a psychological phenomenon where people assume the actions of others in an attempt to reflect correct behavior for a given situation. In the age of Amazon and Google, people simply put a great deal of faith in online reviews of products and services. In fact, according to the results of a survey by BrightLocal, 88 percent of consumers trust online reviews as much as they do personal recommendations. In other words, technology has changed the way “word-of-mouth” advertising works. Most law firms have a rich history of depending on referral relationships with other firms. A referral is powerful. Attorneys know this. But, given the reach of search marketing, online reviews can also allow your law firm to put its good work in front of thousands of people. In this sense, reviews may be even more important than referrals to your law firm’s success. This graphic is similar to one we used in a presentation last year in a meeting with clients who had been struggling to understand the importance of online reviews. Each one of these firms has probably paid tens of thousands of dollars to search vendors to grab a spot in the top three. Which firm do you think is getting all the clicks? Correct, Madalon Law!

Attorney Journal Orange County | Volume 117, 2015

I have to include a caveat: Reviews, like everything else on Google, can be manipulated. You definitely will find SEO firms that have workflows in place to “game the system.” We strongly recommend that you stay away from this approach to online reviews for two very important reasons: • It’s unnecessary. If your law firm truly provides excellent client service and deserves great reviews, you should be able to get them naturally. • It’s risky. If you try to manipulate online reviews with Google, you will run the great and highly costly risk of ruining your online visibility. Additionally, whatever techniques you use to help collect reviews for your law firm, make sure that they are in line with

your State Bar guidelines and with the requirements of the specific review platform. If you need a further nudge to start collecting online reviews, consider this number: Law firm clients have shared with us that 60% of their intakes mention reviews as a main decision factor in hiring the firm. (I wish I could make the font size of that number bigger, but our marketing director won’t let me.) Finally, if you are concerned that reviews will be impossible to get, I want to share a story that should change your mind: I have had the same mechanic for 20 years. I hung out with him for a few minutes last year when he was working on my wife’s car. Since I am a web geek, I pulled up his Google local page while I was there. To my astonishment, he had one review (even though he had been working with a marketing company for quite some time). “What are you doing?” I asked. “You have such a great relationship with your clients. Why do you have only one review?” “I don’t know,” he replied. “I guess I never really thought to ask for them.” As I sit down to write this letter, I can report that my mechanic now has 20 reviews. And I can guarantee that those reviews have helped his business to grow. He simply started asking his customers to provide them.

This brings me to the bottom line. If your web vendor has been urging you to get reviews for the last year, shared materials and strategies with you to gain reviews, and even though you are ranking well for your transactional searches (i.e. “car accident lawyer”) but still are not getting clicks—don’t blame your vendor. Blame yourself. There is nothing more that your web vendor can do safely— other than, perhaps, increasing your PPC spending—which will allow you to get more click-throughs to your site for important keywords. In other words, by getting your firm visibility in the top three positions for important search terms, your web vendor can get you to the finish line. It’s up to you to cross it. Will you start asking? Sincerely, J.R. Oakes J.R. Oakes is in charge of developing and managing our comprehensive approach to search engine optimization for our law firm clients at www.Consultwebs.com. In this role, J.R. constantly analyzes and adapts our SEO strategy to address the constantly changing factors that go into high search engine rankings. He can be reached at: (800) 872-6590.

Attorney Journal Orange County | Volume 117, 2015

How Your Law Firm’s Community Involvement Can Be a Win-Win-Win by Grant Brott

live in South Carolina. The large storm that hit in October caused a great amount of destructive flooding in my state and heavily impacted the lives of people and the operations of businesses. Most of us were stuck inside and glued to our smartphones because the power was out. The pictures and stories were all over the news and social media. Within a couple of hours, the interaction was explosive across the Internet. People were sharing links and stories with friends and family across the country, which led to even more people on the Web researching the events. Despite the dreadful circumstances of the natural disaster, all of the resulting activity created opportunities for lots of “wins.” First, and most importantly, it allowed people and businesses to provide help to those who were in need. That is a big “win” for the community. Flood relief efforts in South Carolina brought funding and supplies to many who were in very difficult situations. Donations came, and volunteers worked tirelessly to help improve the situation wherever possible.

HOW LAW FIRMS GET INVOLVED WITH COMMUNITIES When events such as this one occur, law firms often get involved. They initiate and promote efforts to gather donations of money and supplies, and in some cases, they volunteer their

Attorney Journal Orange County | Volume 117, 2015

labor to assist victims. Additionally, many law firms and their team members are involved with ongoing charitable and philanthropic efforts. Through involvement in these types of activities, firms have a chance to benefit while benefitting their communities, organizations that do good and individuals who need assistance. This is where the other “wins” come into play. A law firm has the opportunity to win by building goodwill within its communities. By showing the people in your region that you are a group of people who cares about others, you can connect with them in deeper ways than simple marketing can offer. They may not remember the law firm billboard that they drive past from time to time. However, they will likely remember the firm that sponsored a 5K for their favorite charity. That deeper connection is definitely a “win.” Lastly, there can be a “win” for your firm’s website, your search engine optimization and your online marketing efforts in general. When you get involved in your community and promote good causes and activities that benefit various groups, you naturally create conversation and activity online. That activity can benefit your firm’s website in the form of visits, links, citations, social media interaction and brand mentions.

HOW LAW FIRM WEBSITES CAN BENEFIT FROM THE FIRM’S COMMUNITY INVOLVEMENT Let’s say your firm is hosting a charity dinner to benefit an organization that was involved in aiding victims of pancreatic cancer. You would likely add a page to your website describing the event, taking donations and selling tickets. You would

promote the event on social media, sharing it with as many of your followers as possible. You might even reach out to other organizations with similar interests and ask them to share your event with their followers, too. Naturally, those who care about the cause will share your event with their friends and followers on social media platforms and, perhaps, link to your event page from their own websites. Hopefully, a much larger group of people will hear about it and be interested in participating. You may also post your event to websites that list local and regional events, which can increase “event citations” on the Web. While all of this is happening, the social media activity, links, mentions of your law firm’s brand, event citations and additional visits to your site can all have a positive effect on your website. It can improve your site’s ability to rank and appear when a search engine shows results to its users. In essence, all of the “hoopla” surrounding the charitable effort that you have initiated can send signals to search engines that your website is valuable and worth visiting. They may be more likely to offer your page to its users in a higher position. That would make it more likely that your search listing would be clicked, and your website will get another visit.

WHY SOCIAL MEDIA IS SO IMPORTANT TO LAW FIRMS Law firms that serve the general public have tons of experience in serving and supporting people during times of crisis. Because of the type of law they practice, they know how to be compassionate and encourage people in difficult times. They do this in person, with their clients on an ongoing basis, but social media provides a platform where they can serve and support their communities and increase awareness of the firm at the same time. By sharing and commenting on relevant news stories, promoting various causes in which your firm is involved and being a part of the conversation, you can develop top-of-mind awareness among groups of people with whom you want to connect. They may not have a reason to need your services at present, but by nurturing a relationship with them, they may reach out to you in the future. Why else is social media important? Because it is a huge source of news for the American public. In turn, having a presence for your law firm on various platforms can garner more exposure. How do social media sites stack up on news? When you take into account the total reach of a site (the share of Americans who use it) and the proportion of users who get news on the site, Facebook is the obvious news powerhouse. According to the Pew Research Center, roughly two-thirds (64%) of U.S. adults use the site and half of those users get news there, amounting to approximately 30% of the general population.

YouTube is the next biggest social news pathway— about half of Americans use the site, and one-fifth of them get news there. This translates to 10% of the adult population and puts the site in the same category of relevance as Twitter. Twitter reaches 16% of Americans. Half of those users say they get news there, or 8% of Americans. Although only 3% of the U.S. population uses Reddit, for those that do, getting news there is a major draw—62% of users have gotten news from the site. Percent of social networking site users how have... Shared or reposted news stories, images or videos

50%

Discussed a news issue or event Posted photos they took of a news event Posted videos they took of a news event

46 14 12

Source: Pew Research Center, phone survey. Feb. 27 – March 2, 2014

KINDS OF NEWS ON FACEBOOK Percent of Facebook News Consumers who Regularly See News on Facebook about... 73%

Entertainment People & events in my community

Sports

National gov’t & politics

Crime

Health & medicine

Local gov’t & politics

Local weather & traffic

International news

Science & technology Business

37 31

Source: Pew Research Center, Based on Facebook news consumers N=1,429. Facebook News Survey August 27, – September 2, 2013

Attorney Journal Ornage County | Volume 117, 2015

ADDITIONAL WAYS TO MAKE GOOD USE OF SOCIAL MEDIA Surely, your firm is in touch with local and national news. Be proactive when something happens in your community and act fast. You want your firm to “be there” in the beginning. You can even use your blog and social media to start conversations about important topics. Use the techniques below to boost your social media presence and produce traffic to your site: • Share on Social Media—Especially on Facebook and Twitter. Share your own blog posts or other articles. • If possible, generate a video about an event on your YouTube channel and Facebook page. Video can be very engaging, especially when the topic is important to social media users. • Add content to your homepage that talks about a newsworthy event and what your firm is doing to help your community. • If your firm is involved in any community projects, ask them to share your pages and post on their social media profiles, and ask for links on their websites. You could get participation from schools, churches, local hospitals and nonprofit organizations.

DO WELL BY DOING GOOD There are always groups of people who need your help and support. Take the opportunity to assist your community during difficult times and on an ongoing basis. Take action as a law firm to provide assistance through volunteering, raising money, organizing a blood drive, increasing awareness for a cause or engaging in countless other ways to help. Whether it is the floods in South Carolina, a charity dinner that your firm is hosting, a 5K event that you are sponsoring to benefit a good cause or any similar effort, lots of people get involved. You can build relationships, your firm’s reputation and the strength of your online marketing campaign all at once simply by reaching out and helping people. n Grant Brott, the lead Marketing Consultant with www.Consultwebs.com, works with our clients and account managers to determine relevant business data for creating effective marketing strategies. Grant can be reached at 800872-6590.

SOUTHERN CALIFORNIA’S LEADERS IN… • ESI Processing & Hosting • Data Acquisition & Forensics • Managed Document Review • Paper-based Discovery Services • Court Reporting With offices in LA Downtown, LA Century City, Irvine and San Diego DTIGlobal.com

Attorney Journal Orange County | Volume 117, 2015

FREE MCLE SEMINARS! Call us for information to schedule a complimentary in-person or webinar MCLE seminar on a variety of electronic discovery topics.

16842 Von Karman Avenue, STE 375, Irvine, CA 92606 Office: (949) 622-0650

“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

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 kelsey@adrservices.org

CALIFORNIA COURTS OF APPEAL Arbitration Garrido v. Air Liquide Industrial U.S. LP (2015) _ Cal.App.4th _ , 2015 WL 6451011: The Court of Appeal affirmed the trial court’s order denying a motion to compel arbitration. The trial court denied the motion because the agreement’s class waiver provision was improper under Gentry v. Superior Court (2007) 42 Cal.4th 443 (Gentry). After the trial court’s ruling, however, the California Supreme Court ruled, in Iskanian v. CLS Transportation Los Angeles, LLC (2014) 59 Cal.4th 348, 364, that Gentry’s rule against employment class waivers was preempted by the Federal Arbitration Act. The Court of Appeal held that the arbitration agreement was not subject to the FAA, despite language saying that it was, because Section 1 of the FAA clearly exempts from FAA coverage employment contracts entered into by truck drivers engaged in interstate commerce. Because the arbitration agreement was not subject to the FAA, the ruling in Gentry applied, and the trial court properly denied the motion to compel arbitration. (C.A. 2nd, October 26, 2015.)

Civil Procedure (anti-SLAPP, judgments, jurisdiction)

default

Buchanan v. Soto (2015) _ Cal.App.4th _ , 2015 WL 6768745: The Court of Appeal affirmed the trial court’s order denying defendant’s motion to vacate entry of default and default judgment, and to quash service of summons. The trial court properly concluded that it had specific jurisdiction over defendant because he had purposefully availed himself of doing business in the state, the controversy at issue arose from or was related to the defendant’s forum-related contact, and assertion of jurisdiction would be reasonable. The Court of Appeal concluded that service by publication was proper because, on the record provided, substantial evidence supported the court’s 28

Attorney Journal Orange County | Volume 117, 2015

finding that plaintiff made reasonable, good faith and diligent efforts to attempt to locate defendant and personally serve him with the summons and complaint in the fraudulent conveyance action. (C.A. 4th, November 6, 2015.)

Evidence Uspenskaya v. Meline (2015) _ Cal.App.4th _ , 2015 WL 6510915: The Court of Appeal affirmed the trial court’s ruling denying defendant’s motion to admit evidence, during a personal injury trial, of the amount that a third party had paid to purchase liens from medical providers who had treated plaintiff (with no medical insurance) on a lien basis. The third party assignee, MedFin Managers, LLC (MedFin), purchased the lien from the medical providers at a discount, but plaintiff remained liable for the total bill. Defendant argued that the MedFin payment should have been admitted as evidence of the reasonable cost of treatment provided plaintiff. The Court of Appeal concluded that, because defendant proffered no evidence to show that the MedFin payments represented the reasonable value of plaintiff’s treatment, the probative value of that evidence was substantially outweighed by the probability that it would create a substantial danger of undue prejudice as well as a danger of confusing and misleading the jury. The trial court’s exclusion of the evidence under Evidence Code section 352 was proper. (C.A. 3rd, October 28, 2015.)

Insurance Underwriters of Interest Subscribing To Policy Number A15274001 v. ProBuilders Specialty Insurance Company (2015) _ Cal.App.4th _ , 2015 WL 6437698: The Court of Appeal reversed the trial court’s summary judgment for defendant in an action where plaintiff sought equitable contribution from defendant for the costs of defending Pacific Trades Construction & Development, Inc. under a comprehensive general liability policy. The trial court erred in concluding defendant’s “other insurance” clause could be used to deny coverage. The courts have repeatedly addressed—and rejected—arguments by insurers that an

“other insurance” clause in their insuring agreement permitted them to evade their obligations by shifting the entire burden associated with defending and indemnifying a mutual insured onto a coinsurer. (C.A. 4th, October 23, 2015.)

CEQA review. (C.A. 1st, filed September 23, 2015, published October 15, 2015.)

Real Property (CEQA, landlord-tenant)

Brady v. Calsol, Inc. (2015) _ Cal.App.4th _ , 2015 WL 6598715: The Court of Appeal reversed the trial court’s summary judgment for defendant Calsol. Plaintiffs were diagnosed with acute myelogenous leukemia, allegedly caused by exposure to Safety-Kleen 105 Solvent during the course of their employment. They sued various defendants including Calsol, Inc., a distributor of mineral spirits for the ultimate manufacturer, Safety-Kleen Systems, Inc. Calsol filed a motion for summary judgment based on the raw material or component parts doctrine, and the trial court granted the motion. The Court of Appeal reversed, ruling that the component parts doctrine requires a showing the mineral spirits supplied to Safety-Kleen were not inherently dangerous (Artiglio v. General Electric Co. (1998) 61 Cal.App.4th 830, 839.), but Calsol failed to make that showing. As a result, there remained a dispute of material fact as to whether mineral spirits were inherently dangerous. (C.A. 2nd, filed October 10, 2015, published October 30, 2015.) n

Berkeley Hillside Preservation v. City of Berkeley (Logan) (2015) _ Cal.App.4th _ , 2015 WL 6470455: The Court of Appeal affirmed the trial court’s denial of a writ petition making a CEQA challenge to the City of Berkeley’s (City) approval of a project. Property owners obtained permits from the City to build a large home on a large lot in the Berkeley hills, finding the project was exempt under two different categorical CEQA exemptions. The Court of Appeal originally reversed the trial court, finding that the project presented unusual circumstances, triggering an exception to CEQA’s categorical exemptions and requiring the preparation of an environmental impact report (EIR). The Supreme Court reversed, holding that a potentially significant environmental effect was not alone sufficient to trigger the unusual circumstances exception, and remanded to the Court of Appeal. On remand, the Court of Appeal concluded that sufficient evidence supported the City’s conclusion the project was categorically exempt from further

Torts (causation, damages, product liability)

Attorney Journal Orange County | Volume 117, 2015 29

“ Accountability: Being required to answer for or explain” “ Responsibility: Authority, obligation or duty” —The Oxford Dictionary

“A People Can’t Be Held Accountable Until They are Given the Responsibility and Authority They Need by Bob Denney

Bob Denney is a recognized authority on strategy, management and leadership for law firms and companies. He serves as an outside Director on company boards and has also served as an interim CEO in turnaround and crisis situations. For further information visit our website at www.robertdenney.com.

Attorney Journal Orange County | Volume 117, 2015

ccountability” has become one of the most frequently used terms in management today. Starting with the CEO all levels of management are, more than ever, being held “accountable” for their performance and for the performance of the people who report to them. Holding people accountable is necessary. But it’s not where you start “Accountability” has a negative connotation. As the definition above states, it requires people to answer for or explain their actions. Instead of emphasizing accomplishments and successes, accountability tends to focus on lack of accomplishment or failure. On the other hand, the concept of “Responsibility” is positive. Electing or appointing a person to a responsible position or asking someone to assume responsibility for accomplishing a project shows trust and confidence in the person’s ability to fulfill that responsibility. But they must also be given the authority to fulfill the responsibility they are given. If they are not given the authority to go with the responsibility, they can’t be held accountable. The most effective leaders in any business, professional firm or organization welcome and thrive on responsibility and the obligation to provide the direction and guidance that go with it. Furthermore, because so much responsibility is placed on these leaders, they have learned one of the tenets of successful leadership: They delegate certain responsibilities to others and also give them the authority they need. Responsibility vs. accountability is not a matter of semantics. It reflects a basic understanding of human nature and leadership. Most people do not like to be held accountable. But they do welcome and usually thrive on being given responsibility. It is no mystery that successful companies, professional firms and organizations have a culture in which everyone in them welcomes and assumes responsibility for the success of the operation. n

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