Attorney Journal, Orange County, Volume 112 by Attorney Journals

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

2015 EDITION—NO.112

TABLE OF CONTENTS 6 The 3 Marketing Systems Your Business Must Have in Place for Maximum Revenue

by Jeremy Reeves

8 3 Proven Email Tactics Law Firms Can Use to Find Qualified Leads by Stephen Fairley

EXECUTIVE PUBLISHER Brian Topor

10 Shirt and Shoes Required— But No Hijab: How Dress Codes and Other Policies Are Coming Under Fire by Todd R. Wulffson and Ashley Halberda

EDITOR Wendy Price

CREATIVE SERVICES Skidmutro Creative Partners CIRCULATION Angela Watson PHOTOGRAPHY Chris Griffiths

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.

ATTORNEY OF THE MONTH

16 Alton Burkhalter of Burkhalter Kessler Clement & George, LLP Practice Built on Principles by Jennifer Hadley

STAFF WRITERS Jennifer Hadley Bridget Brookman Karen Gorden CONTRIBUTING EDITORIALISTS Jeremy Reeves Marjorie Marr Robert Denney Stephen Fairley Todd R. Wulffson Ashley Halberda Monty A. McIntyre Jeff Wolf Wade Rawlins

12 COMMUNITYnews

22 7 Steps to Improving Nonverbal Communication

by Jeff Wolf

26 What’s Hot and What’s Not in the Legal Profession

by Robert Denney

29 Google Search Queries on Mobile Devices Exceed Desktop Searches—How Savvy Law Firms Should Respond

by Wade Rawlins

30 Public Relations & Law Firms … Yielding Returns Together

by Marjorie Marr

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

UNRIVALED JURY VERDICTS SETTLEMEN T S PERSONAL SERVICE REFERRAL FEES

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the Honorable Judge Peter Polos (Ret.) for more information at polos@psblaw.com.

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ver wonder what the difference was between struggling businesses and businesses that seem to dominate everything they do? I have. It’s something I’ve been studying my entire career while working with businesses everywhere, from startups to those making millions each year. And from what I’ve discovered… • It has nothing to do with the market (there are successful businesses in every market, after all) • It has nothing to do with price points (there are businesses successful selling $1 widgets, up to million-dollar contracts) So what is it?

THE “SECRET” IS HAVING 3 UNIQUE SYSTEMS IN PLACE 1. One for turning prospects into clients. 2. Another for turning new clients into immediately more profitable clients.

The 3 Marketing Systems Your Business Must Have in Place for Maximum Revenue by Jeremy Reeves Jeremy Reeves is the CEO & founder of www.GetDreamClients.com. They help coaches, consultants and service professionals get and stay fully booked at all times, increase their fees and enjoy more time freedom through strategic automated marketing. To learn more, including a complimentary training workshop on how to attract and close as many dream clients as you can handle, visit www.GetDreamClients.com. This article is being reprinted with permission from Consultwebs. the premier provider of innovative online legal marketing to ethical U.S. law firms seeking growth and profit. Website: http://www.consultwebs.com.

3. And a third for turning those clients into repeat, higher value raving fans who spread your message for you. Let’s start with the first…

System #1: The Acquisition Path The acquisition path is the marketing system you put in place to turn prospects into first-time buyers of your service. During this phase, prospects are first learning about you. Out of the three systems, this is the one most people focus on the most (even though it’s the least profitable). Most people have no follow-up system in place. When potential clients find out about you they either do business with you right then, or they’re lost forever. That’s a bad position to be in. To make this process more effective you’re going to want to use several strategies including: • Coming up with the perfect value proposition. • Segmenting your email campaigns so you’re speaking directly to the wants and needs of your prospects. • Retargeting prospects to “follow” them and present offers that are specific to the reasons they visited your website. • Trust-building campaigns to establish trust. • Authoritative content so they see you as an authority in your marketplace (which also builds trust). • Long-term nurture campaigns so you’re in frequent communication with them, leading to you being in front of them when they’re finally ready to make a buying decision. • Low-risk offers to have them make the leap from prospect to clients. • Surveys to determine exactly who they are, what they’re struggling with and how you can help solve their problems. • … and many others! The purpose of this stage is to take them from the current stage of the buying process they’re in to the moment they realize that you are the ONLY choice as the solution to solve their problem. Your marketing

6 Attorney Journal Orange County | Volume 112, 2015

systems need to be set up in a way to make the sale to anybody, whether those persons are nearly ready to buy when they first learn about you or are just starting their research.

System #2: The Profit Generation Path If you want to grow your business quickly, your main goal should be to acquire the maximum amount of clients upfront and then have back-end profit systems in place to make them more valuable to your business. Many businesses use something called a “loss leader” model where they acquire a new customer, either at break-even or even a slight loss. This allows you to scale your business because you know your back-end will make those loss leaders more profitable overall. However, this is mostly used when selling products. Since you’re a lawyer, that’s not necessary. The reason I bring it up is because it’s a great exercise to think about how you could make that happen—if you have to. If you can figure that out, it means you’ve come up with a way to dramatically increase your overall lifetime customer value. When you dramatically increase how much an average client is worth to your business it allows you to spend more, which takes your business to an entirely new level. One of the ways you can do this is in your profit generation path. The profit generation path is the point in between the prospect and client stage. It’s the stage where you make an immediate upsell the moment they buy from you. For example, the second you generate a new client you can offer them additional services which add more value to them. An easy example of this is buying a new car, followed by the salesman asking you if you want one of about a dozen “extras” such as an extended warranty, upgraded tires or seats, or a custom paint job, just to name a few. The point of this stage is to decrease the amount of time it takes to make that new customer more profitable to your business. Instead of waiting several months to hit your ROI goals, you can do so in a matter of minutes. And once you’ve done that you can move into the final system…

yet you simply walk in, take one handful, walk out and never return again. Crazy, I know. But that’s exactly what happens in 95% of businesses today. It’s also why you need to have follow-up systems in place for your clients. To stay top of mind, offer them additional services they may find valuable, ask for referrals and make sure they never even consider doing business with any of your competitors.

WHERE DO YOU GO FROM HERE? Now that you know what you need to do, the first step is taking a look at what you already have in place and which of these three systems would give you the fastest revenue growth. For example, if you already have no problem getting new clients but aren’t converting them into repeat buyers, you should start with #2 or #3. On the other hand, if your clients tend to become raving fans on their own, put your time into getting more clients, at a lower cost, on a more consistent basis. In other words, your next step is finding the holes you have in your marketing, and fixing them! I hope this article has helped you and given you a clear path as to what you need to do to increase revenue in your business this year. n

System #3: The Profit Multiplier Path Your final stage includes systems you have in place for your customers. Think about what you have in place now. What happens to a customer after they buy from you? Do you follow up with them… ask them how the order/ experience went… make sure they’re getting the most value out of your product/service… offer them additional products/ services that can help them… or ask for referrals? If not—you need to. I’m always stunned by how many businesses make a sale, collect money from those customers who allow their business to be profitable… and then never get in touch with them again! Remember Scrooge McDuck’s room full of gold? It’s like being given access to that room for an entire year,

Attorney Journal Orange County | Volume 112, 2015 7

aw firms and other service providers often struggle with effective ways to use email and newsletters to find qualified leads. This is primarily because they misunderstand the purpose of these keep in touch emails. They are best used to keep you at the top of mind for former clients and referral partners. Often, a direct call-to-action such as “call for a free consultation” doesn’t work. It’s better to offer them a variety of options. Here are a few creative ways for law firms to entice prospects to take the next step:

1. Web forms and surveys. Law firms that offer free appointments

can repackage that offer in a more creative way by including surveys or web forms in their e-newsletters and making a free appointment the “prize” for subscribers who fill these out. For example, take this survey to find out how vulnerable your small business is to an employee lawsuit. At the end of the survey they can get the results along with an offer for a free consultation with a labor & employment attorney or a small business lawyer to give them the results. 2. Free reports. Free reports that are offered to prospects on your

3 Proven Email Tactics Law Firms Can Use to Find Qualified Leads by Stephen Fairley Stephen Fairley is CEO of The ainmaker Institute, LLC, the nation’s largest law fi m marketing company specializing in small law fi ms. Over 8,000 attorneys have benefited f om applying their proven Rainmaker Marketing System. Stephen is a best-selling author of 10 books and a nationally recognized law fi m marketing expert. He has appeared in the American Bar Association’s journal, Harvard Management Update, Inc and Entrepreneur. To receive your FREE copy of his book “Top 10 Marketing Mistakes Attorneys Make” visit www.RainmakerRetreat.com or www.The ainmakerInstitute.com or call 888-588-5891.

website, via social media or through your e-newsletters are a great way to discover qualified leads. First, you have to have a good handle on topics of interest to your target market. Then you generate a 3- to 5-page report with a snappy title that addresses any of your prospects’ problems. For example, “The Top 10 Mistakes Small Business Owners Make And Why They Get Sued By Employees” or “5 Things Never to Say to Your Insurance Company When You’re in an Accident” or perhaps “10 questions to ask any divorce attorney before you hire them.” In exchange for receiving the free report, you ask prospects to provide you with an email address and phone number, which you can then use to reach out to them personally to further develop your relationship. 3. Webinars. Hosting a free webinar on a topic of interest to your

target market is another good way to gather qualified leads. You can promote your event through your e-newsletter as well as on social media, which helps you build your email list of qualified leads. At the conclusion of your webinar, offer something of value like a free consultation and make it extra enticing by limiting it to the first five people who respond. Webinars are a good tool when: (a) your clientele is spread over a wide geographical area (immigration); (b) your topic area is sensitive (bankruptcy); or (c) you’re targeting executives, business owners, or general counsel (business or litigation). 4. Social media. For people who are in the early stages of their

search for an attorney and not ready for a consultation, inviting them to “like” your Facebook fan page or connect with you on LinkedIn or even follow you on Twitter can be a good alternative.

Attorney Journal Orange County | Volume 112, 2015

You will need to tinker with various tactics to discover what works best for your prospects, as not every tactic will work for you. The important thing is to keep making your engagement with prospects interesting for them, and not serving up the same old thing in every communication they receive from you.

EMAIL MARKETING STATS YOU SHOULDN’T IGNORE

• The #1 reason people unsubscribe is because of too many emails. Use automation to send emails at just the right time instead of blasting emails out with every little piece of news. • Adding video to your emails can increase click rates by 300%. • Email conversion rates are 40 times greater than that of Facebook and Twitter. Use social media to encourage people to sign up for your emails, and then use those emails to convert your browsers into buyers.

Email marketing software and services provider Emma recently aggregated the most recent research on email marketing from industry sources and they are worth sharing with you for the insight you can gain to make your email marketing program more effective:

• Personalized emails improve click rates by 14% and conversions by 10%.

• The average open rate for welcome emails is 50%, making those types of emails highly effective. Whenever someone signs up for anything and provides their email address, an automated welcome email is a no-brainer and a great chance to engage your prospects.

Use these stats to improve your email marketing program and you should increase your open and click-through rates—which in turn will increase the number of qualified leads for your law fi m. n

• People share content they feel will entertain or benefit others. 94% of people consider how what they share will be of use to others before sharing.

• 51% of email is now opened on a mobile device, so always use responsive design email templates to ensure your emails look great on any screen. • 80% of people just scan emails, so be sure you have bold headlines for your main subject and engaging graphics. • Nurtured leads make 47% larger purchases than leads that are not nurtured. Having an automated series of emails triggered by time or events can pay off big for you. • The human finger is approximately 46 pixels square, so be sure your call-to-action buttons are large enough for mobile readers to tap. • 58% of people check their email first thing in the morning, so send your emails early to increase your open rates. • The human brain processes images 60,000 times faster than text, so choose good images that tell your story. • People check their mobile phone up to 150 times a day. Using email and social media together can reinforce your message in the places people visit most often. • iPhones cut off a subject line after 32 characters, so be sure the most important words are at the beginning of your subject line. • Using white space improves comprehension by 20%, so don’t crowd your content. • Eye-tracking data shows that readers look at the same section of the screen where pictures of people are looking, which makes that area a perfect place to put your call-to-action.

Attorney Journal Orange County | Volume 112, 2015 9

Shirt and Shoes Required—But No Hijab How Dress Codes and Other Policies Are Coming Under Fire as Discriminatory of Religious Garb By Todd R. Wulffson and Ashley Halberda

arly in 2012, the Equal Employment Opportunity Commission (EEOC), the federal entity tasked with enforcing federal anti-discrimination laws, issued its Strategic Enforcement Plan (SEP) for 2012-16. As stated on the EEOC’s website, “the purpose of the SEP is to focus and coordinate the EEOC’s programs to have a sustainable impact in reducing and deterring discriminatory practices in the workplace.” In practice, however, the EEOC has recently focused on a few high-visibility areas where media attention has been high. One of those areas has been religious discrimination under Title VII of the Civil Rights Act of 1964. What has been most unusual, however, is that, for the first time ever, the majority of cases do not involve denial of employment on the overt assertion of an applicant’s religion—and most do not involve Christianity. The most recent and most visible wave of enforcement actions has been with respect to facial hair and clothing worn at work by adherents to religions that are relatively unknown by employers. Examples include the Muslim head scarf (hijab), the Sikh turban and kirpan (symbolic miniature sword) and adherence to shaving or hair length observances, such as Sikh uncut hair and beard, Muslim facial hair, Rastafarian dreadlocks, and Jewish peyes (sidelocks). Otherwise neutral company policies regarding employee appearance have recently been attacked as discriminatory. The United States Supreme Court has recently added significant fuel to the EEOC’s anti-religious discrimination enforcement fire. Nationwide retailers—and particularly those with established corporate identities—have been hardest hit by the new SEP, but small employers ultimately will be the most injured. For example in 2013, the EEOC filed two religious discrimination cases against Abercrombie & Fitch involving the use of head scarves in the workplace. Similar to many other companies, Abercrombie had in place a “Look Policy” which governed employees’ clothing worn at work, and prohibited caps as being

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too informal for the company’s desired image. The head scarf was treated as a cap under this policy. The first case involved Abercrombie’s failure to hire a job applicant who wore a head scarf during his interview, while the other concerned the termination of an employee who refused to remove his head scarf at work. Both settled out of court, but the trend was apparent. Abercrombie’s “Look Policy” had also been challenged earlier by the EEOC on behalf of a 17-year-old young Muslim woman who was denied employment when she wore her hijab during her interview. Abercrombie justified its denial of employment because the hijab clashed with the company’s dress code, which called for a “classic East Coast collegiate style.” Although the applicant never indicated her head scarf was due to her religious practice, and she did not request a religious accommodation to excuse her from compliance with the applicable dress code, the EEOC inferred a religious-based motive for Abercrombie’s decision not to hire the Muslim applicant. Abercrombie fought the case because everyone agreed that it had no knowledge of the alleged need for a religious accommodation. This case was heard by the United States Supreme Court in February 2015. On June 1, 2015, the Court found that an employer may not make a job applicant’s religious practice, confirmed or otherwise, a factor in employment decisions. Significantly, the Court found that employer knowledge of the need for a special accommodation was irrelevant, meaning that the applicant need not have asked for it. Based on the specific holding of the Court, an otherwise-neutral policy regarding grooming and attire must give way to the need for an afterthe-fact asserted accommodation, regardless of an employer’s knowledge of any need for a religious accommodation. The implications of this case are broad (just look at the dozens of groups who filed “friend of the court” briefs who are not even

It arguably charges an employer with knowing all of the possible religious implications of headgear, jewelry, clothing, hair and makeup—and likely eviscerates many dress code and grooming standards modeled on local standards remotely religious-based). It arguably charges an employer with knowing all of the possible religious implications of headgear, jewelry, clothing, hair and makeup—and likely eviscerates many dress code and grooming standards modeled on local standards. Also, if anyone thinks that cultural and ethnic items, including tattoos, piercings and extremely interesting earrings and hairstyles, are not now going to be argued as needing similar accommodations, he or she has not been reading the advance sheets from the local court house. Some may argue that such an evolution is beneficial for society as a whole—but it will likely be financially devastating for small businesses who cannot afford to be blind-sided by costly litigation. Based on this Supreme Court case, any dress code that is worded, and applies, neutrally, can still be the basis of a religious discrimination claim (or cultural or ethnic discrimination) if a person is denied employment while wearing an item of unknown religious significance. The most likely real benefactors of this potential slippery slope in the short term are the lawyers for both sides. What should employers do to protect themselves from such “stealth” liability? How is an employer to know that an interesting hat, facial piercing, tattoo or mustache is for religious or some other protected purpose, and is not just a fashion statement? The most practical approach for employers is to include the dress code in the job description—and include any bans on facial piercings, visible tattoos or unnaturally colorful hair. (This should be provided to applicants who respond to the ad—not placed in the ad itself.) Just like it is appropriate to ask applicants if they are going to be able to perform the essential functions of the job with or without an accommodation, a prudent employer who has a specific dress code and/or grooming policy should ask the applicant if it poses a problem. An employee then can explain any religious/cultural objections or accommodations needed; and the employer can determine whether it is a legitimate issue that needs to be accommodated (yes, this will involve lawyers too).

This is a good way to avoid a potential trap discussed by the Supreme Court—namely, that the employer need not know of the need for an accommodation to be held liable. If the employer specifically asks for this information and the applicant refuses to provide it, that can go a long way toward negating the legitimacy of the applicant’s purported religious needs. Once armed with the applicant’s response, the employer can determine whether a legitimate, safety or bona fide occupational qualification is involved. After all, if the applicant is otherwise qualified, but needs a legitimate accommodation, the employer should do its best to hire him or her. Hopefully, just having the dialog will help to educate both parties enough to avoid litigation—but if the employer chooses to risk litigation exposure, at least it will be able to see the risk coming. Perhaps the most important lesson from the Abercrombie case and the recent wave of EEOC action is that an employer cannot simply rely on its policies or dogmatically adhere to the fact that “this is the way we have always done things.” Employers must be proactive and adaptable—to a changing economy as well as an evolving legal landscape. n

Todd R. Wulffson is a partner with California employment and labor law firm Carothers DiSante & Freudenberger LLP. With more than two decades of experience, Wulffson regularly counsels and defends employers on issues related to wage and hour, human resources, non-solicitation, traditional labor and social media. Contact Wulffson at: twulffson@cdflaborlaw.com.

Ashley A. Halberda is an attorney with Carothers DiSante & Freudenberger LLP. Halberda represents California employers in issues related to wage and hour, wrongful termination, harassment and class actions. She counsels clients on compliance strategies to help protect them from future litigation. Contact Halberda at: ahalberda@cdflaborlaw.com.

Attorney Journal Orange County | Volume 112, 2015 11

COMMUNITY news n Keller Rackauckas LLP, is pleased to announce that Jay P. Barron has been selected as a “Rising Star” in the 2015 Southern California Rising Stars edition of Super Lawyers Magazine. Super Lawyers is an attorney rating service that honors outstanding lawyers who have attained a high degree of peer recognition and professional JAY P. BARRON achievement. Barron has represented clients ranging from individual entrepreneurs to large publicly traded companies. His clients have included manufacturers, international corporations, nonprofits, health care providers, lawyers and investors. Barron has significant experience in development and implementation of discovery plans, and has coordinated large electronic document collection and production. He has extensive expertise in trial and pretrial motion practice, devising settlement and trial strategies, and preparing for and participating in mediations and arbitrations. Barron received his J.D. in 2006 from the University of California, Los Angeles, School of Law, where he graduated Order of the Coif (top ten percent of the class) and was an Articles Editor for the UCLA Entertainment Law Review. He received his B.A. cum laude from Georgetown University in 2002. n Bick Law Group, a new boutique environmental law firm in Newport Beach founded by environmental attorney Kimberly L. Bick, celebrated its grand opening on May 19 with nearly 50 community leaders, clients and friends of the firm. Bick Law Group unites global legal talent—Gabriel EDWARD D. SELICH & Padilla (formerly with Bingham KIMBERLY L. BICK McCutchen), James Sabovich (formerly with Gibson, Dunn & Crutcher) and Bick (formerly with Umberg Zipser LLP and Irell & Manella)— to provide clients with high-level environmental counsel at affordable prices. The event also welcomed Newport Beach Mayor Edward D. Selich, who presented the firm with a certificate of recognition.

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 112, 2015

n Brian Easton, Partner at Easton & Easton, LLP, was recently selected into the American Board of Trial Advocates (ABOTA) - Orange County Chapter. ABOTA is one of the most premier and selective associations of trial attorneys and judges dedicated to fostering improvement in the ethical and technical standards of practice in BRIAN EASTON the field of advocacy in order to assure that individual litigants may receive more effective representation. To attain membership in ABOTA, one must have completed a minimum of 10 jury trials as lead counsel, be invited to membership by an active member, and then be approved by a majority vote of the ABOTA board. n Brown & Charbonneau, LLP is pleased to announce that business litigation attorney Gregory G. Brown has been elected to the American Board of Trial Advocates (ABOTA), an exclusive and prestigious national organization of judges and civil trial lawyers. ABOTA’s membership constitutes GREGORY G. BROWN the bench mark of the nation’s finest trial lawyers and membership is by invitation only. To be considered for ABOTA candidacy, the applicant must possess a wealth of trial experience that few attorneys achieve, and be approved by votes of the local Chapter and National Board. Acceptance constitutes peer recognition of the highest trial acumen and professionalism. Gregory G. Brown is a State Board Certified Trial Specialist. In his 27 years, Mr. Brown’s success and achievements have placed him at the top as a well-known and highly regarded trial lawyer. Mr. Brown is a focused and aggressive trial lawyer and his awards and achievements are impressive by any standard. n Berger Kahn Principle Lance LaBelle recently served as panelist on the ADR Section of the OCBA’s annual recent developments program which looked at reported cases, new legislation and trends on the horizon in the important areas of Alternative Dispute Resolution. The program materials contained detailed digests of the new cases LANCE LABELLE and legislation coupled with a panel presentation which put these cases and legislative developments in perspective in terms of where the law was and where it is going on important issues.

COMMUNITY news n Fisher & Phillips LLP, announces the addition of two new associates to its Irvine, Calif. office: Denisha McKenzie and Soo Park. McKenzie joins Fisher & Phillips after previously serving as a litigation associate at an Irvine-based firm. She earned her Juris Doctorate from the University of California, Irvine School of Law, where she was a member of the school’s inaugural class. As a law student, McKenzie co-founded the Orange County Human Rights Association, was one of the DENISHA MCKENZIE first student co-authors of the inaugural edition of the UC Irvine Law Review, and received the distinction of pro bono honors upon graduation for completing more than 120 hours of pro bono legal work in law school. Park joins the Irvine office with experience representing employers in employment law matters at a previous LA-based firm. Park earned her Juris Doctorate from Loyola Law School, Los Angeles. While in law school, Park was a member of the Asian Pacific American Law Students Association and the SOO PARK International Law Students Association. Park is fluent in Korean and is a member of the Korean American Bar Association and the Korean Community Lawyers Association. n Smiley Wang-Ekvall, LLP, announced today Robert S. Marticello has been installed as the president of the California Bankruptcy Forum (CBF) for 2015-2016. Marticello, a partner at Smiley WangEkvall, will lead California’s premier organization of insolvency law professionals and support the Forum’s goals of promoting and enhancing the value of the bankruptcy system throughout the state of California. The CBF is comprised of seven regional forums and counts more than 500 attorneys and other ROBERT S. MARTICELLO insolvency professionals among its membership. The organization has provided continuing education, networking, and other services to its members for more than 25 years. CBF is also dedicated to supporting pro bono projects designed to educate and assist unrepresented bankruptcy filers and litigants. For more than 10 years, Marticello has specialized in bankruptcy/ insolvency matters and commercial litigation. He represents debtors, creditors, shareholders, trustees and other parties in Chapter 11 corporate bankruptcies and out-of-court restructuring in a broad range of industries. He has consistently been recognized as a Rising Star in Super Lawyers magazine, and was selected to participate in the National Conference of Bankruptcy Judges’ Next Generation Program, which is designated for the top 40 “up-andcoming” bankruptcy attorneys in the country.

Attorney Journal Orange County | Volume 112, 2015 13

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PRACTICE BUILT ON PRINCIPLES After 30 Years, Alton Burkhalter Still Can’t Believe He Gets Paid to Do What He Loves BY JENNIFER HADLEY

ny attorney who has been opposing counsel facing Alton Burkhalter will attest that mistaking his politeness for weakness is a big mistake. A business litigator for three decades, Burkhalter has tried more than 30 cases before a jury, and has yet to lose a jury verdict. Still, his demeanor is far from that of a cut-throat business litigator. Instead, he prefers to focus on civility, to ensure that he goes to bed and sleeps easy, knowing that he has worked hard, and won cases the right way for his clients. Indeed, Burkhalter is noticeably affable with an easy laugh, impeccable manners, and a knack for poking fun at himself. In fact, he’s the first to admit that he wasn’t so sure that he “believed he could become an attorney,” he says. Yet he’s been AV Preeminent rated for years, with multiple 7- and 8-figure Jury Trial and Verdict awards along with being named a Super Lawyer each year since 2007. But make no mistake, the success he has achieved as founding partner of Burkhalter Kessler Clement & George, LLP is the result of practicing law on his terms.

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ATTORNEY

OF THE MONTH

2015 2014

“ My partner wanted to retire, and my ex-wife was moving to Texas with my kids. I thought about what I wanted to do, talked to my wife, sold everything off, and moved to Sedona Arizona. I grew a beard, did a lot of mountain biking, hiking, and camping”

SOUTHERN ACCOUNTANT BECOMES A CALIFORNIA ATTORNEY “Nobody in our family had ever graduated from college, much less attend law school,” says Burkhalter. “I lived in a small town in northwest Louisiana, which was not exactly the best place to think of starting a law career,” he adds candidly. Continuing, he admits to being “sick and tired” of college, and thus finished his Bachelor’s Degree in Accounting in less than 4 years. He went on to pass the CPA exam on his first attempt and began working as an accountant right out of college. “I was excited to be making money as a CPA. I was making more money than I think my dad ever had,” he adds. However, his fascination with Perry Mason had never quite gone away and Burkhalter says that even though he had a good job, he still had the desire to become a lawyer. He just wasn’t so sure he could do it. All the same, since his wife had family in California and she

18 Attorney Journal Orange County | Volume 112, 2015

had attended camp at Pepperdine University when she was younger, Burkhalter looked into their law school. When the materials arrived, he says the stunning images of the chapel, the hills and the Pacific Ocean were all it took for him to apply. A few years later he graduated Magna Cum Laude, and was admitted to the California Bar in 1985. Soon after, Burkhalter recalls what would become a transformative moment in his career which would shape and guide his business philosophy to this day. “As a young associate, I was reviewing boxes of documents for a real estate partnership dispute. I found a notice my client contended he had never received. I called it to my supervisor’s attention, who told me I knew what to do with it. I went home and discussed it with my wife. I did not want to be involved in a case or in a law firm where we needed to destroy evidence in order to win. So, I decided to confront him, but I told him that I thought he was among the best, if not the best trial lawyer I had ever seen. I

could not believe that he felt he could not win the case merely because of this piece of evidence and I suggested some ways that the evidence could be produced and still preserve our case. He looked at me for a long time and told me to produce it. It made the case tough but he won the trial,” Burkhalter says. From that moment on, Burkhalter knew exactly the type of law he wanted to practice and what kind of attorney he would be. He continued to work tirelessly, trying case after case for the next decade to enormous success. Then, 10 years into his career, it seemed things were spinning out of Burkhalter’s control. “My partner wanted to retire, and my ex-wife was moving to Texas with my kids. I thought about what I wanted to do, sold everything off, and moved to Sedona, Arizona. I grew a beard, did a lot of mountain biking, hiking, and camping,” he says. Though he didn’t know exactly what the future would hold, he was admitted to the Arizona Bar, and says that he used the yearlong sabbatical to really think about what he wanted for the future. “I decided I was going to open my own practice, so that I could have control over the clients I worked with. I didn’t want to work for big corporations or insurance companies. I wanted to help clients build and protect their businesses, and I wanted to practice law on my terms,” he says. Thus he returned to Southern California, a happier, more focused attorney. “I would encourage anyone to take time off if they can. Taking a pause mid-career was great for me. I walked away, and I came back focused, and happy, and I believe it made me a better lawyer.” By 1996, he launched what would eventually grow to become Burkhalter Kessler Clement & George, LLP.

PRACTICE BUILT ON PRINCIPLES When Burkhalter returned to Orange County, he delved right back into the legal community. “I built my book of business with relationship building away from the office, at night and on weekends. I believe that breakfasts and lunches are good ways to maintain existing relationships, but to build relationships you need to do things on a more personal level and that means investing your personal time,” he says. Moreover, he had decided to stay away from unnecessary animosity with opposing counsel. “I’m not going to deliver an Ex Parte on Friday afternoon. I don’t want to win anything by doing something wrong. I’m not willing to compromise my ethics. As an attorney I can walk into a heavily emotionally charged situation and I can make it worse, or make it better. I can win by trying to hide evidence, or I can face it and resolve it. I’m not willing to compromise my own karma,” he says sincerely. The decision to practice law on his own terms paid off,

and Burkhalter loved his work more than ever. “I love the complexities and challenges of business law, and in representing small businesses, I get to work directly with business owners. It is very gratifying to be able to help them,” he says. Although 90% of Burkhalter’s practice is litigation, he does a moderate amount of consulting for clients including real estate developers, software developers, retailers, doctors, importers, etc. “If someone has a business, I’ve probably got experience in that industry,” he quips. To that end, clients who work with Burkhalter know just how valuable his skills are, and thus tend to remain clients for years. Such was the case with Tower Investments, who contacted Burkhalter in 2010 requesting his help in Tennessee. “My client had just received a bad result in a ‘jury of view’ proceeding. While they had the right to a ‘do-over’ in the form of a de novo jury trial, the real question was, could anybody win their case? They already had a competent legal team consisting of some of the finest lawyers in Tennessee, so I proposed they use me to conduct a mock jury event. I tried the matter, and got a favorable result, so they asked me to try the case for them in court. At issue was how much the city of Nashville was required to pay Tower because they had taken Tower’s land in a condemnation proceeding in order to build a new Convention Center. The City believed the land was worth $14.8 million, which was what my client had paid for it prior to the start of the recession,” he says. Reminiscent of a John Grisham novel, the case was wrought with twists and turns and nepotism galore, but when all was said and done, the jury deliberated a mere 6 hours before unanimously returning a verdict of $30.4 Million in favor of Burkhalter’s client. Incidentally, Burkhalter was paid hourly in that case, as he is in most of the cases he tries, but he says it didn’t make the victory any less satisfying. As far as trial talents are concerned, Burkhalter admits to having a near photographic memory when it comes to being able to “pull up the details amongst the minutiae.” He also says that he has a “high confidence that his theory of the case is right,” in the cases he takes, but the primary reason he says he has never lost a trial is simply because “I give each trial my best effort.”

A FIRM FOUNDATION FOR THE FUTURE Today, Burkhalter Kessler Clement & George LLP is widely regarded as one of the most reputable business litigation firms in Southern California. Burkhalter says that growing the firm just for growth’s sake isn’t a priority, but is something that will likely happen organically. “We intend to grow through our existing associates. We are focused on giving them the tools

Attorney Journal Orange County | Volume 112, 2015 19

Contact: Alton Burkhalter Burkhalter Kessler Clement & George, LLP aburkhalter@bkcglaw.com www.bkcglaw.com 949-975-7500 2020 Main Street, Suite 600 Irvine, CA 92614

EXPERIENCE

and support they need to grow their books of business,” he says. However, he does insist that all those who become partners are seasoned in business development. “There are darn good attorneys, but that’s not all that is necessary. They need to be strong in developing business as well. My partners have all built up nice practices, and books of business,” he says. As for his future in the world of business law and business litigation? Burkhalter says that he intends to continue practicing as long as he can—so that he can go out on top. “I’ve told my partners to watch me and if it looks like I’m starting to lose a step, then it’s time for me to be done,” he jokes. “But as long as I’m continuing to do good work, I will continue providing service. That’s what I do, I’m in the service business.” Outside of the office, Burkhalter remains a country boy at heart. Residing in an unincorporated area in Orange County, he says that he is outside whenever he is not working. “I have a wood fired pizza oven in my back yard—pizza is my hobby. I also bicycle both road and mountain bike. Later this year I’ll be tackling the 3 State 3 Mountain Challenge in Chattanooga, Tennessee, which is a road bike course of 105 miles through Tennessee, Georgia and Alabama,” he says. Burkhalter also enjoys traveling with his family, whenever possible. “My wife Erika is an accomplished yoga instructor, so I do a lot of yoga and yoga-related travel, including 8 trips to India. We also love food and wine, so many of our trips are to wine regions such as Champagne, Burgundy, Bordeaux as well as places like South Africa and upstate New York,” he says. In reflecting on his career over the past 30 years, and thinking about the future, Burkhalter says that “I think you have to follow your passion. I did and I still can’t believe I get paid to do what I love to do.” n

» EDUCATION • Pepperdine University School of Law, Malibu, California Honors: magna cum laude Honors: Ranked Fifth in his Law School Class • Northwestern State University, Natchitoches, Louisiana B.S. cum laude Major: Accounting • Certified Public Accountant (inactive) licensed in Louisiana

» BAR ADMISSIONS • California, 1985 • Arizona, 1995

» HONORS AND AWARDS • AV Preeminent by Martindale-Hubbell • Southern California Super Lawyer for Business Litigation, 2007—2015 • 3 “8 Figure” Jury Trial Awards • Multiple additional “7 Figure” Verdicts

20 Attorney Journal Orange County | Volume 112, 2015

Attorney Journal Orange County | Volume 112, 2015â&#x20AC;&#x192; 21

Steps to Improving Nonverbal Communication by Jeff Wolf

usinesspeople learn early in their careers the importance of a firm handshake and making eye contact when meeting other businesspeople for the first time. Both the handshake and eye contact are examples of how nonverbal communication contributes to first impressions. Murray Johannsen, in an article titled “Nonverbal Communication,” appearing in Legacee online, describes the subtlety of handshakes: “The example from the American culture is the amount of pressure one exerts on the other person’s hand during a handshake. One puts a certain amount of pressure into the handshake, and it should be neither too much nor too little. Another aspect of this is, when grasping another’s hand, the web of your hand intersects the web of their hand.” If a handshake can communicate so much, that’s indicative of the need to pay attention to all areas of nonverbal communication. The question then becomes: How do you improve your nonverbal communication skills as you listen to and speak with others?

Step 1: Watch yourself . . . and others. When communicating,

focus on the use of your body. The goal is to increase the expressive nature of your body, when appropriate, without being overdramatic. Be aware that gestures are often more 22 Attorney Journal Orange County | Volume 112, 2015

useful with groups, such as in meetings and presentations. If a person’s words fail to match his or her nonverbal cues, it‘s best to trust the nonverbal messages. Listen with your eyes. In most cases, the nonverbal message is more accurate. Step 2: Maintain eye contact. Eye contact is crucial when

speaking with anyone, particularly coworkers, superiors, or direct reports. It promotes trust and understanding. Try to increase eye contact when speaking with others, and see if they‘re making and maintaining eye contact with you. If someone avoids eye contact, you‘ll likely sense the person‘s discomfort or dishonesty. You can ease another‘s discomfort by asking questions that enhance communication. Step 3: Work on your posture. Your mother emphasized

the need to stand up straight and avoid slouching in your chair. As it turns out, Mom was giving you your first lesson in nonverbal communication. Posture is a nonverbal indicator of confidence level. A gesture conveys a message by using one part of the body, whereas a postural shift involves the movement of the body as a whole. A closed posture (folded arms and crossed legs) indicates a closed personality and a lack of confidence. Open posture (arms spread in a relaxed manner) is a much more confident pose. Posture should also be in sync with conversations so

you avoid sending mixed messages. When you’re sitting behind your desk or at a meeting table, sit up straight. Don’t slump; it conveys disinterest and inattention. Leaning back, or rocking back and forth in your chair, tells others you‘re bored. In contrast, leaning forward in your chair when listening to someone speak demonstrates active interest in both the person and conversation. Step 4: Straighten your desk. A sloppy desk or office sends

the message that you‘re disorganized and careless. Messy desks may be a symptom of a larger problem such as inefficiency, which stems from an inability to find files or other important papers. Disorganization creates stress and limits productivity. Instead of creating vertical piles on your desk, rely on to-do files that can be stored inside a drawer. Step 5: Read your audience. If you’re making a presentation,

be aware of your audience’s nonverbal communication. As your presentation progresses, watch for signs of slouching, yawning, or dozing off; this means you’ve lost their attention. If, on the other hand, the group is energized and interested, participants’ body language may convey that they want you to ask for their thoughts and input. Learning to read a group’s mood enhances your abilities as both a speaker and manager. Step 6: Listen to your voice. Paralanguage, or paralinguistics,

involves the various fluctuations in one’s voice, such as tone, pitch, rhythm, inflection, and volume. These cues can have

a powerful effect on communication. A loud or very forceful tone, for example, may convey a stronger and more serious message, as compared to softer tones. Sarcasm can also cause problems in the workplace. A manager‘s sarcastic tone creates stress because his tone (joking) is meant to contradict his words (hurtful or biting). STEP 7: Question yourself. Throughout the day, monitor your progress. Ask yourself the following questions about your performance: How was I perceived at the meeting? Could I have done something differently? Were people really interested and paying attention to what I was saying? Did I listen well to others? As you answer these questions, your self-awareness will increase. None of these six steps can be taken for granted. True, some people are more aware of slight distinctions of nonverbal communications than others, but everybody can learn to use the six steps and thereby make dramatic improvements in their ability to communicate effectively with others. n Jeff Wolf is the author of Seven Disciplines of a Leader and founder and president of Wolf Management Consultants, LLC, a premier global consulting firm that specializes in helping people, teams and organizations achieve maximum effectiveness. A dynamic speaker and highly requested executive coach, he was named one of the country’s top 100 thought leaders by the prestigious Leadership Excellence Magazine. For more insights from Jeff Wolf, check out his book, Seven Disciplines of a Leader.

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ike all of our previous reports, this update is based on information we are continually compiling from many sources—not only clients but also leaders in the profession as well as knowledgeable observers. Some of our findings are obvious but we include them because they continue to affect the profession. Other of our findings may not have been recognized yet but, we believe, will have an impact sooner or later. Put together they paint a picture of a profession that not only continues to change but has already entered a state of confusion and uncertainty. PRACTICE AREAS RED HOT

What’s Hot and What’s Not in the Legal Profession by Robert Denney Robert Denney Associates Inc. provides strategic management and marketing counsel to law fi ms, companies and non-profit organizations th oughout the United States. Previous Communiques as well as information about our services may be viewed on our web site.

• Labor & Employment. The Labor Department’s efforts to enforce the Fair Labor Standards Act regarding minimum wage and overtime pay has caused contentious debates over the legal definition of an “employer” and an “employee” at companies like McDonald’s. There are also legislative battles in a growing number of states on raising—or not raising—the minimum wage. Meanwhile unions continue their organization activity. • Health Care. After the Supreme Court decision on the Affordable Care Act, regardless of what it is. HOT

• Elder Law. Has been “getting hot” for several years because— as you may have noticed!—people are living longer. Has even become a separate practice area from Family Law as more firms hire paralegals or social workers to assist estate planning clients in selecting assisted living and extended care facilities. • Energy. In the U.S., oil and gas continue to be hot while various forms of “clean energy” continue to raise issues. However, oil has cooled off considerably in many of the foreign markets due to the continued drop in oil prices and the continued surplus in the U.S. Fracking is still hot in some parts of the U.S., cool in others. • Public Finance. The growing number of infrastructure projects is part of the reason for the increase in municipal bond transactions. • Mergers & Acquisitions. Due to the improving economy and availability of financing. LUKEWARM

• Litigation. There has been some decline in the major litigation that was going to the largest firms. Some of the reasons: 1) Clients are making greater use of contract lawyers and outsourcers (many of whom are off-shore) and 2) More companies are developing pricing, project management and 26 Attorney Journal Orange County | Volume 112, 2015

process improvement policies. Just as the night follows the day, layoffs—particularly of associates—show signs of resuming. So far there has been less of an impact—note we say “less”—on mid-size firms and litigation boutiques that have maintained lower fees or have developed alternate fee arrangements. But the key question is, “Is this trend towards less litigation permanent?” Some thoughtful litigators say “no” because litigation always increases in a poor economy and they believe the economy will be soft for the foreseeable future.

litigation will continue to dry up and, to quote one expert, “Overall, there are still too many lawyers chasing too little work.” • The big get bigger. Meanwhile, at least five firms are committed to a “go big and go global” strategy—Denton’s (6,600 lawyers), Baker & McKenzie (4,600 lawyers), DLA Piper (4,500 lawyers), Norton Rose Fulbright (3,800 lawyers), King & Wood Mallesons (2,700 lawyers). • Realization rates. As noted above, they continue to fall— and not just at the larger firms.

COLD

• Bankruptcy. A casualty of the economic recovery. Some firms have even spun off the practice area. But another recession would heat the area up pretty quickly.

SOME SOURCES SAY THE OVERALL AVERAGE IS NOW AS LOW AS 83%.

HOTTEST INTERNATIONAL MARKET

• Law school applications continue to decline. According to the Law School Admission Council, as of mid-April there was a total of 47,172, down 4.7% from that point last year and from over 80,000 at the same point five years ago. In the peak year of 2004, there were over 90,000 applications.

• Singapore. Major U.S. firms have either been opening offices here or acquiring them through merger because it is a regional financial center that has a key role in the Association of Southeast Asian Nations (ASEAN). Historic note: Our 2003 Midyear Update reported that “Singapore has cooled off.”

MARKETING & BUSINESS DEVELOPMENT • There are many examples of creative and well-implemented strategies which, in some cases, are also productive. As we listed in our 2014 year-end report, websites, Google and LinkedIn are the three major sources in-house counsel use in searching for attorneys.

OTHER TRENDS & ISSUES—NEW, OLD, HOT OR COLD • The Great Divide. Depending on which reports you read, revenues at the 15 largest and most profitable U.S. firms reportedly grew 6.6% in 2014 while revenues at the next tier of 170 firms increased only 4% although two of those firms reported 19% increases. However, the picture gets more confusing because some of these firms raised their standard rates more than 9% over the last three years and hourly rates for the super-star deal, tax and trial lawyers at these firms soared well past $1,100. But, because of discounts and writeoffs, according to Thomson Reuters Peer Monitor, collection realization for these firms has dropped since 2007 from 92% to 85%. In other words, even with some substantial increases in revenues, the gap between the “sticker prices” and the resulting “cash in the door” actually widened for some firms. Beyond this top tier of approximately 200 firms, the picture in many firms is not good. Revenues are flat or have declined and some of the firms have looked for mergers. Some industry experts say the picture will get worse because

• Law school enrollment. Has been declining since 2011. It was down 4.4% last year. • 2014 law school graduates. As of March 15 this year, 60% were employed, up from 57% for the class of 2013. However, this is probably the result of fewer entry level lawyers looking for work than for any actual improvement in the job market. • Total legal employment—lawyers, paralegals, legal consultants, process servers, notaries and patent agents— was approximately 1,120,000 in 2014, According to several sources this was “tens of thousands” less than it consistently was from 2003 to 2007. • Uniform Bar Exam. Reversing its prior decision, which we reported in our year-end report last year, New York has now adopted the Uniform Bar Exam. This makes it the 16th and largest state to adopt the nationally standardized test. Now the dean of the University of California-Irvine School of Law says it’s time for California to make the switch too. In an op-ed in the Los Angeles Times, he goes on to say that “legal education would also benefit if all states adopted the uniform test.” • Parental Leave. In May, Orrick, Herrington and Sutcliffe announced it was increasing its parental leave program for primary caregivers to 22 weeks. Writing in Fortune, chairman and CEO Mitch Zuklie stated it will be “the leading policy in the large law firm market.” The firm is also reviewing its policies in its 16 foreign offices. • Patent Reform. Although there is still some opposition, it appears substantial reform will be passed this year. This should considerably reduce the amount of patent litigation, Attorney Journal Orange County | Volume 112, 2015 27

much of it the result of suits filed by patent-holding firms or “patent trolls.” • Partner departures. While many firms are initiating a reduction in their equity partner ranks, others are discouraging departures they did not initiate by increasing enforcement of contract provisions for notice and repayment of capital. • On-demand legal services. UpCounsel continues to raise investors and build-out its marketplace of startups and small businesses, doing what it describes as “blocking and tackling work.” • Cybersecurity. Firms continue to either substantially increase their internal processes and systems or turn to experienced providers. • Partner evaluations. A number of firms use evaluations to classify certain partners as “unproductive” and either remove them from equity partnership or get them to leave the firm. However, as discussed in my article in the March issue of the excellent newsletter Of Counsel, certain firms are realizing that properly conducted evaluations can improve their overall performance as well as their profits. • Practice organization. St.Louis-based Husch Blackwell has become the first known firm to abandon the traditional practice group structure by area of law and organize the entire practice2014 into industry groups—natural resources, finance, Fragomen Attorney Journal OC - 5th Proof.pdf 1 1/7/2015 3:25:28 PM

28 Attorney Journal Orange County | Volume 112, 2015

agri-business, health care, real estate and manufacturing & technology. This is an obvious approach that we have been advocating for years. Look for other firms to follow. • Outside directors. I serve as an outside director for several companies. Several years ago I wrote a Legal Communique recommending law firms elect non-partner, non-lawyers to their executive committees. In May, Patrick McKenna, one of the most knowledgeable and respected consultants to the legal profession, wrote an article for Legal Executive Institute stating that firms need to employ one or more non-executive directors on their boards or executive committees. • The Big Four. The combined revenues of Deloitte, EY, KPMG and PwC exceed those generated by the 100 largest law firms combined. But most significant is that Britain and Australia have authorized multidisciplinary practices (MDPs) which let lawyers share profits with members of other professions. Since then the Big Four have been acquiring small law firms, recruiting lawyers as lateral entry partners and recruiting at law schools in these two countries while merging in law firms in China, Germany, Canada and Spain. As a result, their combined legal revenues have grown at double-digit rates. Of course they are currently prohibited from practicing law in the U.S.—but this trend will eventually develop into competition for U.S. law firms. n

Google Search Queries on Mobile Devices Exceed Desktop Searches—How Savvy Law Firms Should Respond by Wade Rawlins

Wade Rawlins is a Web Content Editor for Consultwebs and analyzes law firm websites and identify new pages or legal topics that should be added to reach prospective clients. Consultwebs is the premier provider of innovative online legal marketing to ethical U.S. law firms seeking growth and profit. Website: http://www.consultwebs.com.

he way consumers seek information passed a noteworthy milestone a couple months ago. You might know the answer already if you have noticed how many people are focused on their phones in restaurants, airports and other public places. Google announced on May 5 that for the first time, the volume of Google search queries on mobile devices such as smart phones exceeded the volume of searches made on desktop computers in 10 countries including the United States. The increase in the number of mobile queries reflects the way people access information today. Go to any restaurant and notice how many people are looking at mobile devices during lunch or dinner. “Billions of times per day, consumers turn to Google for I want-to-know, I want-to-go, I want-to-do, and I want-to-buy moments,” Google posted on its AdWords blog. “And at these times, consumers are increasingly picking up their smartphones for answers.” Google did not offer more specific details about mobile search traffic volume, but the underlying point is clear. Mobile platforms are now on equal footing with desktop computers as communications channels. Mobile is not a back door channel. It’s the future. People are increasingly living their lives online, using their smart phones and mobile devices to check email, surf the web, get directions, and search for a restaurant or other services including legal services. They want immediate answers to their questions. Last year, Google’s Matt Cutts said at SMX West, the search marketing expo, that he wouldn’t be surprised if mobile queries soon surpassed desktop queries, according to a searchengineland.com. It seems clear that Google views mobile as an area for revenue growth. For savvy law firms, that means you need a website that is mobile friendly, likely one that uses responsive design. Responsive design will adjust and arrange elements of a website to suit the size and orientation of a device on which it is viewed,

providing for an improved user experience. If prospective clients visit your website on their mobile device and the text is too small to read or they must zoom in repeatedly to find hyperlinks, they will likely get frustrated quickly and look for another law firm website that is easier to navigate. Haven’t you done the same thing when shopping online? Your law firm website needs to be easy to view on mobile devices when people are looking for legal services. As a writer on Moz.com noted, there is no middle ground in mobile friendliness. Your website is either mobile friendly or it’s not mobile friendly. Google has a mobile friendly test tool here, which allows you to punch in a url and find out how the individual page performs. It will identify issues such as whether the font sizes are legible, the tap targets are size properly and whether there are resources such as JavaScript or CSS present that delay the rendering of the website on a mobile device. Another way is to use your cell phone to visit a website. How does it look? Is it easy to read? In February, Google announced a mobile friendly update to its algorithm that will give more weight to mobile friendly pages in mobile search results. Pages designed only for larger screens will see a decrease in rankings in mobile searches, Google said. The update did not apply to tablets or desktops, only mobile devices. As Magnus Simonarson wrote in a forward-looking blog post in March, law firms’ websites that are not mobile friendly will pay the price in lower rankings. You should be making plans to make your website mobile friendly. Wade Rawlins is a Web Content Editor and works closely with other members of our Consultwebs.com Content Team to analyze law firm websites and identify new pages or legal topics that should be added to reach prospective clients. He also researches topics for Web pages, blogs and press releases based on a client’s legal areas of concentration and identifies keywords that help the pages rank high in search engine results. n Attorney Journal Orange County | Volume 112, 2015 29

Public Relations & Law Firms … Yielding Returns Together by Marjorie Marr Marjorie Marr is a PR Specialist at Consultwebs.com and manages social responsibility and community campaigns for clients. Consultwebs is the premier provider of innovative online legal marketing to ethical U.S. law firms seeking growth and profit. Website: http://www.consultwebs.com.

ommunication is an increasingly important element for any law firm. Given the saturation and fragmentation of media, it is far more difficult to reach large numbers of consumers through traditional advertising. Not only is advertising expensive, but it is also seen as less credible by consumers who are looking to their social networks or an independent news source for brand, product and service recommendations. In fact, according to Starch Media, 86% of Americans say that learning through news coverage is viewed as more influential and credible than seeing a company’s advertising. Public relations can be highly effective and make a big difference with firms trying to establish and maintain a significant competitive advantage by emphasizing their business’ unique qualities and values.

only keeps law firms in the public eye in a positive light but also feeds into the overall marketing mix affecting search engine ranking and social networking, which is instrumental in maintaining and growing clientele.

TODAY’S PUBLIC RELATIONS MARKET

• case studies

In today’s market, law firms need to manage their public relations with a growing number of audiences including: • traditional and online media outlets

• awards and certification

• trade and legal media outlets

• and more

• bloggers

Companies are increasingly going to be held accountable not only for the quality and price of their products and services, but also for their corporate citizenship, as these are key components of law firms’ reputations. Or as Janet Raasch of the National Law Review put it, “do well by doing good.” At the end of the day, PR is a powerful medium that yields great returns. A news story about a product or service has 6 times the visibility and 3 times the credibility of an advertisement of the same length or size. (Starch-Research). Law firms today would be wise to follow billionaire businessman Bill Gates’ advice, “If I only had two dollars, I’d spend one dollar on PR.” n

• employees • prospects • clients • referral sources • rankings publishers • conference organizers • social networks Having a strong media relations strategy and continually pushing out informative, relevant and interesting stories not

30 Attorney Journal Orange County | Volume 112, 2015

FOLLOW THE STORY Stories can be drawn from a multitude of resources, ranging from: • the firm’s personal story • the causes it supports • helpful resources • scholarships • contests and events

• change in management • crisis management

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