Attorney Journal, Orange County, Volume 110 by Attorney Journals

ORANGE COUNTY

Volume 110, 2015 • $6.95

Three Marketing Activities Attorneys Can Effortlessly Delegate

Cindy Greenway

Yelp Wanted: For Law Firm Reviews Learn how to leverage Yelp to grow your business

John Damron

Five Guaranteed Ways to Lose Potential Clients on the Web in 2015

Tanner Jones

Ten Principles to Eliminate Distractions and Encourage Success

Anne M. Bachrach

The Six Key Numbers Every Lawyer Should Know About His/Her Law Firm

Rjon Robins

Six Steps for Avoiding HR Headaches & Employment Issues on Your Practice

Robert Lehrer

Protecting Little Guys’ Big Ideas: The California Inventors Assistance Program

Sarah Austin

Attorney of the Month

Gregory Rizio Caring Beyond the Courtroom

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.110

TABLE OF CONTENTS 6 Yelp Wanted: For Law Firm Reviews Learn how to leverage Yelp to grow your business

by John Damron

8 Six Steps for Avoiding HR Headaches & Employment Issues on Your Practice by Robert Lehrer

EXECUTIVE PUBLISHER Brian Topor

10 Protecting Little Guys’ Big Ideas The California Inventors Assistance Program by Sarah Austin

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 10601-G Tierrasanta Blvd., Suite 131 San Diego, CA 92124 P 858.505.0314 • F 858.524.5808 www.AttorneyJournal.us ADDRESS CHANGES Address corrections can be made via fax, email or postal mail.

14 The Six Key Numbers Every Lawyer Should Know About His/Her Law Firm by Rjon Robins

STAFF WRITERS Jennifer Hadley Bridget Brookman Karen Gorden CONTRIBUTING EDITORIALISTS Cindy Greenway John Damron Rjon Robins Robert Lehrer Tanner Jones Sarah Austin Monty A. McIntyre Anne M. Bachrach

12 COMMUNITYnews

ATTORNEY OF THE MONTH

16 Gregory Rizio Caring Beyond the Courtroom by Jennifer Hadley

22 Three Marketing Activities Attorneys Can Effortlessly Delegate

by Cindy Greenway

26 Five Guaranteed Ways to Lose Potential Clients on the Web in 2015 by Tanner Jones

30 Ten Principles to Eliminate Distractions and Encourage Success by Anne M. Bachrach 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

D E T N WA FOR

LAW FIRM REVIEWS

f you are like most businesses, you consider word of mouth your most valuable marketing channel. Increasingly, online reviews are a critical component of Web word of mouth. Frequently used lawyer review sites include Google+, Citysearch and Yelp. The rise of review sites, and Yelp in particular, has been of significant importance to business owners across the world. For example, Apple iPhone’s Siri application primarily uses Yelp for its reviews. This article will walk you through the basics of leveraging Yelp to improve your word-of-mouth marketing and grow your business.

GETTING STARTED ON YELP The first step every law firm should take with Yelp is to activate its business page. The public can see and review your business profile whether or not you activate the page, so proactively filling out your business profile sends a clear message to previous and prospective clients that you care about your online and offline image. Be sure to complete all of the fields, including photos, descriptions, phone numbers and office hours, to create a solid profile. Including photos of co-workers and other employees will communicate a safe and inviting environment. Many people are intimidated by law firms and research them online before calling or emailing a firm. Meeting those visitors on Yelp with appropriate photos and information will give them a positive impression that your firm is approachable. 6 Attorney Journal Orange County | Volume 110, 2015

by John Damron

Once your firm’s Yelp account is active, the real benefits can begin and you can start leveraging your online reviews.

RESPOND TO YOUR LAW FIRM REVIEWS At some point, if you haven’t already, you will start to receive reviews. Some will be glowing testimonials of your professionalism and competence. Others may ask questions or express concern. It is vital that you respond to your reviewers. If someone had a less-than-ideal experience, follow up with that individual and ensure that his or her concerns are addressed. In many cases, your follow-up will prompt your client to edit or add a new review, which may help your online image.

LEVERAGE YELP OFFLINE Post a sign or sticker in your office letting clients know they can find and review you on Yelp. Most law firms send out some sort of direct mail or newsletter. Add the Yelp logo to these mailings to encourage recipients to leave a review. You can also notify Yelp next time you host a community event or fundraiser. Posting these events online will spread your offline positive influence even further via the Web.

DISPLAY YOUR POSITIVE YELP REVIEWS Framing awards, articles from local newspapers and other publicity items has long been a standard practice in law firm lobbies. Doing the same for recent positive online

reviews is no different. Viewing positive reviews of your law firm will likely cause your clients to think of your firm in a warm light and will encourage them to also leave a glowing review online.

REFER YOUR REFERRERS No advertising operates in a vacuum. Encourage clients to visit you on Facebook, Google+, LinkedIn, YouTube, and other Social Media networks. Likewise, make sure those connected to your Social Media profiles know you are on Yelp. A simple “Check us out on Yelp” can encourage many clients to leave a review.

LIVE UP TO THEIR POSITIVE REVIEWS Finally, and most importantly, you must continue providing excellent service. It is impossible to get away with sub-par service in today’s world. As you know, competition grows stronger every day. If you are not good at serving clients, the word will get out—through Yelp or other types of word-of-mouth. Positive reviews will follow naturally when you provide outstanding service.

KEEP YOUR REVIEW PRACTICES ETHICAL Never, ever, ever, under ANY circumstances, purchase positive reviews. Yelp is very strict with its review policies, and suspicious reviews are flagged and dealt with regularly. Just as spamming Google and other search engines can lead to major penalties or even blacklisting, paying for or offering bribes for reviews on Yelp can be detrimental to your business. As with all your marketing efforts, check with your state Bar Association to be sure you are operating within its guidelines when it comes to your online review strategy. n John Damron is a Senior Marketing Strategist for Consultwebs.com. He works closely with law firm clients to develop the best Internet marketing strategies possible for their firm. For more information on how to handle your firm’s reviews, or law firm online marketing, reach out to John at jdamron@ consultwebs-email.com or call him at 1-800-872-6590. Attorney Journal Orange County | Volume 110, 2015 7

egardless of whether you’re the managing partner of a firm with dozens of attorneys and support staff, or you’re a solo practitioner, relying on the assistance of a skilled paralegal, a legal secretary, and other assistants, there’s no getting around the fact that your firm needs to be prepared to handle employment issues. Fortunately, if you follow these six suggested tips for minimizing employee problems in your law practice, you can likely save yourself a great deal of time and frustration if and when an employment problem arises.

UPDATE YOUR EMPLOYEE HANDBOOK AT LEAST ONCE EVERY 2 YEARS

Six Steps for Avoiding HR Headaches and Employment Issues on Your Practice by Robert Lehrer

Robert Lehrer is a Business Performance Advisor with Insperity, which provides an array of human resources and business performance solutions including administrative relief, better benefits, reduced liabilities and systematic ways to improve productivity. Additional company offerings include Human Capital Management, Payroll Services, Time and Attendance, Performance Management, Organizational Planning, Recruiting Services, Employment Screening, Financial Services, Expense Management, Retirement Services and Insurance Services. Contact Robert at Robert. Lehrer@Insperity.com, or via phone at 949-608-6801

8 Attorney Journal Orange County | Volume 110, 2015

Law firms of all sizes would be wise to make sure that their employee handbook is updated at a minimum of once every two years. This will reduce liability by clearly outlining the firm’s vacation payout policy, the employee complaint process, disaster recovery plans and policies on how workplace violence and/or harassment will be handled. In addition, your firm’s employee handbook must include code of conduct requirements, which should cover topics including dress code, code of ethics, safety, and attendance policies. In addition, your firm’s communications policy needs to address the proper usage and storage of mail/emails, text messages, and address any social mediarelated restrictions. And of course, law firms of any size must address nondiscrimination policies, employment and termination policies, and include an acknowledgment letter. It’s important to provide all employees with a copy of any revisions to the employee handbook as they are implemented. Likewise, a new letter of acknowledgement of receipt of revisions to the handbook should be distributed and signed by all employees.

MAINTAIN PROPER DOCUMENTS When you find yourself in the undesirable position of having to terminate an employee, you’ll find that the process is far less anxiety inducing if you’ve kept proper documentation of their performance. All violations of the firm’s code of conduct or other policies must be addressed and documented, so as to protect your firm from a lawsuit later on. For example, when evaluating performance or taking disciplinary action, make sure that the meeting is documented with the dates and times of the incidences. Suggestions for improvements to be made in the future should also be provided for the employee facing disciplinary action. In addition, be sure to record the names, dates, and times of all who are in attendance when addressing the violation(s) with an employee. At the conclusion of any meeting regarding firm policy violations,

be sure to have the employee sign an acknowledgement that they have received warning of the violation, understand the future disciplinary actions that may be taken if the problem is not corrected, and understand how to not make the same mistake again.

SAFELY STORE ALL EMPLOYEE RECORDS An I-9 is the absolute bare minimum of what needs to be safely stored for each firm employee. Savvy firms will also retain a copy of the employee’s resume, any background check results, any confidentiality agreements, and a copy of the acknowledgement of receipt of the firm handbook, along with items such as the offer letter presented, and the W-4. A second file for each employee ought to be created and maintained, which will include all health- and welfare-related benefits information which may be protected under HIPAA privacy laws. This safely stored file ought to include items such as insurance benefit forms, drug screening consent forms and results, physician’s notes, and/or any personal or family leave information. In addition to keeping all personal information safe and secure, it’s smart to schedule an annual audit of your own files to ensure that all pertinent information is where it ought to be, and that it is safely and privately protected.

SPEND MORE TIME SCREENING EMPLOYEES An ounce of prevention is definitely worth a pound of cure when it comes to hiring new receptionists, legal secretaries, office managers, paralegals, law clerks and of course, attorneys. Discrepancies often exist between what potential employees report on resumes and cover letters, and what can be verified by their previous employers. In addition to a job history verification, you’re going to want to conduct an education verification, criminal background check, fraud detection, and a National Sex Offender Registry check. Because of the time commitment required to thoroughly pre-screen employees, it’s not surprising that many firms opt to outsource this process, including drug screening, background checks and more to companies who provide this service. If you choose to pre-screen employees on your own, be prepared for it to take time, but it’s worth every minute you spend upfront, to avoid the time and expense of terminating, and having to start the process over again with a new candidate.

FOCUS ON ONBOARDING TRAINING Studies have shown that employee turnover costs employers much more than an employee’s annual salary. The time spent training only to have an employee leave, followed by finding another candidate is incredibly costly in terms of time and money. Onboarding training aims to reduce turnover. In its simplest form, onboarding refers to the process of acclimating and welcoming new members to your firm, by providing them with resources, tools, and the knowledge they need to be successful and productive members of your firm. In order to create a firm culture that matches with your vision, it’s smart to formalize an onboarding training program, so that new employees understand overall goals and vision for the firm.

BE CAREFUL WITH CLASSIFICATION OF EMPLOYEES Any slip up with the classification of employees can wind up costing your firm a lot of money. You need to familiarize yourself with the differences between a non-exempt employee, an overtime exempt employee, and any independent contractors, including contract attorneys. The Fair Labor and Standards Act (FLSA) governs classification issues, while the United States Department of Labor Wage and Hour Division provides guidance on the FLSA. Visit www.dol.gov for more information. If being responsible for hiring, training, and classifying employees all seems like way more work than you signed up for when launching your firm, rest assured you’re not alone. As the head of a firm of any size, you’ll ultimately be responsible for the success and safety of your practice. But that doesn’t mean that you have to personally address all of the HR and employment issues facing your firm on your own. It is a misconception that Professional Employer Organizations (also called PEOs) are only available to large firms. On the contrary, firms ranging in size from 5-150 employees are actually perfect candidates for engaging the services of a PEO, because the firm will receive the “big firm benefit packages” which help to recruit and retain top talent. They also reduce many of the employer liabilities that your firm may currently have. Indeed, by offloading these responsibilities to companies who handle employment matters and HR issues each and every day, you can focus on what you do best—passionately advocating on behalf of your clients, so that your firm can continue to flourish. n

Attorney Journal Orange County | Volume 110, 2015 9

Protecting Little Guys’ BIG IDEAS

THE CALIFORNIA INVENTORS ASSISTANCE PROGRAM

BY SARAH AUSTIN

IMAGINE LIFE WITHOUT PICTURES, LIGHT BULBS, AIRPLANES, A CELL PHONE OR EVEN WITHOUT THE INTERNET. Now imagine how it

Chris Marchese, principal at Fish & Richardson and CLA board member and pro bono volunteer, said “Working with CIAP has been such a worthwhile experience not only for me, but for Fish.”

would feel to create something so profound (like the Internet) and have it stolen from you. There would be no Thomas Edison or The Wright Brothers. Instead there would be a bunch of John Smiths and Jane Does taking credit for something not rightfully theirs. Fortunately, we can all take a deep breath and thank patents and attorneys, in part, for our technology-based society. Unfortunately, many inventors do not have the funds to adequately protect their inventions. The law firm of Fish & Richardson, along with the California Lawyers for the Arts (CLA), recently hosted an interactive discussion about the California Inventors Assistance Program (CIAP) with the goal of providing a better understanding of the United States Patent and Trademark Office’s (USPTO) national effort towards implementing regional patent pro bono programs for financially underresourced inventors, entrepreneurs and artists. The event was also an opportunity for lawyers to learn more about CIAP and to expand the organization’s pool of volunteer attorneys in the Orange County and San Diego community. The California Inventors Assistance Program is the largest regional pro bono program established so far under Section 32 of the America Invents Act. The program’s panelists included Bob Pimm of CLA, Jeffrey Siew of the USPTO, Erik Metzger of Intel Corporation and Katie Niejadlik of Fish & Richardson. Chris Marchese of Fish served as the moderator. Fish is a major supporter of CLA and CIAP, with many of the firm’s attorneys providing pro bono legal services. Pimm started off the panel discussion by providing background on CLA and an overview of CIAP. CLA was selected as the statewide administrator of the CIAP regional program in California to process pro bono intakes. Unlike other pro bono programs, Pimm explained that CLA’s financial screening process takes a holistic approach to make sure CLA sees the complete financial picture of each applicant, rather than a simple formulaic approach used by many pro bono services. The screening process

(L to R) Chris Marchese, Jeffrey Siew, Erik Metzger, Bob Pimm, Katie Niejadlik

10 Attorney Journal Orange County | Volume 110, 2015

also includes other factors to make sure applicants can be helped by attorneys when matched. “Each screening is done carefully but with much flexibility,” said Pimm. “We send out a detailed invention questionnaire, and if the potential client qualifies, they are matched with the lawyer that best fits their needs.” This, he explained, results in a higher success rate. Siew stressed the importance of CIAP to economic development and job creation across the country. He explained that the program will increase accessibility to the patent system, promote small business growth and development and ensure that no deserving invention lacks patent protection because of a lack of affordable IP counsel. Although USPTO oversees CIAP, it does not actually run the program. “Regional programs are the cornerstone of CIAP,” said Siew. “USPTO is working to expand the coverage of CIAP into all 50 states, and we provide training for these regional programs. However, each regional program can set their own guidelines depending upon what most benefits their inventors.” Private companies are getting involved with CIAP as well as law firms. Intel has donated upwards of $10,000 a year to CIAP, and with 50 patent attorneys on staff, Intel has been able to leverage its expertise to the benefit of CIAP clients. Metzger explained that Intel originally thought that involvement with CIAP may have posed too high of a risk due to conflict of interest, so it developed a tiered system of class codes to prescreen applications. “We have actually found that 75 percent of matters are unrelated to Intel’s business,” said Metzger. This discovery now has Intel encouraging other companies to get involved. Fish & Richardson has been a champion of CIAP since its creation in 2013. Niejadlik explained that prior to the development of this pro bono program, it was a challenge to engage Fish’s patent prosecutors in pro bono work, as most traditional pro bono opportunities are for litigators. “A goal

The panel, at the Fish & Richardson’s Carmel Valley office, provided insight into IP pro bono opportunities.

of any law firm pro bono program is to identify meaningful opportunities that utilize the unique skills and resources your attorneys have to offer in order to help clients that otherwise just wouldn’t have access to our justice system,” added Niejadlik, “and CIAP has helped us meet that goal.” Fish attorneys self select CIAP matters from a weekly case list, which enables attorneys to identify matters of personal interest and/or within their area of technical expertise. Since the program launched in early 2013, Fish attorneys have donated over 2,800 pro bono hours on 82 pro bono matters for 53 unique CIAP clients. “Our attorneys find this work personally and professionally rewarding,” added Niejadlik. “They are able to help those less fortunate improve their financial situation, witness consumer product inventions come to fruition and protect inventors from common scams that strip away IP rights.” Marchese, a CLA board member and pro bono volunteer, added that the program is a great learning tool for young associates. Fish’s pro bono policy mandates that a firm partner be staffed on all pro bono cases, so associates are given the opportunity to work one-on-one with an experienced mentor. “Working with CIAP has been such a worthwhile experience not only for me, but for Fish,” concluded Marchese. There is no shortage of the glorious inventions still to be discovered. Current results show there have been a total of 835 CIAP applicants from the beginning of the program —with 131 applicants placed. The valuation of services as reported by CIAP panel attorneys is an average of $8,321 dollars per client. Thus, the total value of pro bono services provided by attorneys to the independent inventor community by the CIAP so far is estimated to be $1,090,051.00. n For more information about CIAP or to get involved please visit www.calawyersforthearts.org/CIAP. Sarah Austin is an account manager at TW2 Marketing, Inc.

(L to R) Bob Pimm, Jeffrey Siew, Erik Metzger, Chris Marchese, Katie Niejadlik

COMMUNITY news n Matthew Easton has been named a Top 10 Under 40 for 2015 by the National Academy of Personal Injury Lawyers (NAOPIA). NAOPIA chose Chase to receive their highest honor because of the hard work and dedication he has shown in protecting the rights of the injured. Easton has also been named a Top 40 Under 40 by the National Trial Lawyers again this year.

MATTHEW EASTON

n 2015 Walk MS title sponsor Fish & Tsang LLP, an Irvinebased intellectual property law firm, recently kicked off MS Awareness Week with the exclusive West Coast premiere of “The Courage to Create” at UltraLuxe Anaheim Cinemas. More than 100 supporters, including representatives from the Pacific South Coast Chapter of National MS Society, attended the event, which celebrated the firm’s personal ties to Virginia Phillips and its commitment to the fight to end MS. The inspirational Phillips is an acclaimed artist living with multiple sclerosis (MS). She is profiled in “The Courage to Create,” a short-subject documentary that depicts her ability to create vibrant works of art despite a lack of mobility and daily challenges living with MS. Seven of Phillips’ paintings were on hand for auction, raising more than $2,000 for the National MS Society. Affecting more than 2.3 million people worldwide, MS is a debilitating disease that interrupts the flow of information within the brain, and between the brain and the rest of the body. This year’s Walk MS was held on April 11 at UC Irvine.

RICHARD ISRAEL, president, MS Society Pacific South Coast Chapter, with MEI TSANG and ROBERT FISH, partners, Fish & Tsang LLP, pose next to artist Virginia Phillips’ artwork at “The Courage to Create” screening at UltraLuxe Anaheim Cinemas.

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 110, 2015

n Murchison & Cumming, LLP is pleased to announce that Darin W. Flagg has joined the firm’s Irvine office as a Senior Associate. With nearly 15 years of experience, Mr. Flagg has a background in a wide variety of legal matters including catastrophic personal injury, wrongful death, property damage, business interruption, DARIN W. FLAGG construction, defamation, and breach of contract. He is skilled in strategizing with clients on the most effective means of resolving and avoiding lawsuits, whether through mediation, informal negotiations, or proceeding to trial. Mr. Flagg is a graduate of Tulane University School of Law (J.D.), where he was the Senior Business Editor of the Tulane Environmental Law Review, and the University of Missouri, Columbia (B.A.), where he graduated Cum Laude with a degree in Political Science. n Fisher & Phillips LLP’s Irvine/ Los Angeles partner Karl Lindegren, along with Los Angeles office-based partner Kristen Nesbit, achieved a complete defense verdict in a twoplaintiff harassment, discrimination and retaliation case from a downtown Los Angeles Superior Court jury following a 12-day trial. The case, Jose Lomeli and Richard KARL LINDEGREN McAllister v. Arrow Truck Sales, Inc, Volvo Group North America, Inc, Jody Johnson and Brent Stout, was initiated in 2012 and involved claims against Arrow Truck Sales, Inc. and two former managers for harassment and discrimination based on race/ color, national origin, religion and age along with retaliation for opposing such harassment and discrimination. Plaintiffs also KRISTEN NESBIT attempted to include Volvo Group North America, LLC in the claims. Plaintiffs were represented by well-known plaintiffs’ counsel Carney Shegerian. The jury deliberated for only two-and-a-half hours before returning the defense verdict for Arrow and the managers and finding unanimously that Volvo Group North America, LLC was not an employer. The jury considered and rejected several claims—harassment, discrimination and retaliation— returning a complete defense verdict. Demand before trial was $4 million. Plaintiffs asked the jury for an estimated $13 million in compensatory damages at closing.

COMMUNITY news n Rimon, P.C. is pleased to announce that Partner John Isaza has been appointed CoChair of the Social Media Subcommittee of the ABA Business Law Section’s Cyberspace Law Committee. Along with co-chair Valerie Surgenor, a renowned privacy attorney in Europe from the law firm MacRoberts LLP out of Scotland, he has been tasked with developing recommended policies for social media that balance the interests of the employer and the JOHN ISAZA employee, as well as examining the threat of cyber security to corporate governance and corporate strategy, including areas such as corporate advertising and astroturfing in social media, chasing social media-driven securities fraud, and how to address, in a practical setting, the impact of social media on reputational matters, potential financial consequences and investor confidence whether as prevention or after the event. Mr. Isaza is very active with the ABA, serving on committees including the Cyberspace Law Committee and the E-Discovery and Digital Evidence Committee. He was a contributing author to the 2012 ABA’s Internet Law for Business Lawyers 2nd Edition. He is a past president of the Hispanic Bar Association of Orange County and served as a board member of the Orange County Bar Association. Mr. Isaza additionally served as President of the Los Angeles ARMA Chapter and as a member of the Board of Directors of ARMA International. He was the 2008 recipient of ARMA’s Britt Literary Award, and in 2011 he was inducted as a Fellow of ARMA International, the highest award and recognition bestowed amongst records and information management professionals. Mr. Isaza is co-author of 7 Steps for Legal Holds of ESI & Other Documents. n Paving the way for access to higher education for low-income and first-generation students, Eric Traut of the Traut Firm will give a $1000 scholarship honoring one special student at the OC Bar Foundation’s Higher Education Mentoring graduation celebration on May 20, 2015, at the Chuck Jones Center, 3321 Hyland Ave, Costa Mesa. After hand-selecting the recipient from over 50 participants, the one-year scholarship will ERIC TRAUT include $1000 for education, and the recipient will speak to Traut Firm staff and attorneys on May 26, 2015, at 5 Hutton Ctr. Dr. Ste. 700, Santa Ana, sharing his or her personal story of inspiration and the journey taken to get where he or she is today. The student will also receive ongoing support and mentorship services from the OC Bar Foundation. Students were considered based upon their personal stories, merit, and reviews of performance within the program. Traut is Immediate Past President of the OC Bar Foundation, where his experiences hosting an intern from the Bar Foundation programs inspired the creation of this new scholarship.

Attorney Journal Orange County | Volume 110, 2015 13

The Six Key Numbers Every Lawyer Should Know About His/Her Law Firm By Rjon Robins Rjon Robins founded How To MANAGE a Small Law Firm.com, which has since grown to be one of the leading solo and small law firm management advisory services, dedicated exclusively to the unique needs of the owner of a solo or small law firm. Today How To MANAGE A Small Law Firm boasts coast-to-coast membership with ambitious and entrepreneurial lawyers hailing from all practice areas and walks of life. Rjon graduated from The American University in Washington, DC and received his Juris Doctorate from Nova Southeastern University, in Ft Lauderdale, Florida in 1996. Rjon is licensed to practice in both state and Federal court in the State of Florida.

he last few days I’ve been harping a bit on the importance of “knowing your numbers.” Yesterday, I said that the “Key” numbers for the owner of a solo or small law firm to be on top of are as follows:

too much about balance sheets. Because cash flow (which is driven by the 6 key numbers) is what really makes a difference in how you manage a small law firm.

1. Budget 2. Budget Variance Report 3. Cash Flow Projection (6 weeks rolling) 4. Aged A/R by Account 5. WIP 6. Cash Position (Operating & Trust)

YTD Revenues: Year-to-date revenues are nice to know about. This number helps put everything into perspective. It’s a great way to pat yourself on your back and congratulate yourself for a job well done. I look at my YTD revenue every month and every year I look forward to “Breaking The 7 Barrier” earlier & earlier in the year. But YTD revenues don’t drive forward-looking decisions. YTD revenues are like looking in your rear-view mirror or at a line on your GPS screen that tells you where you have been. YTD numbers are good for nostalgia and filing your tax returns. But they don’t drive ongoing, forward-looking management, marketing, sales, staffing or any other of the critical decisions that management of the law firm must make on an ongoing basis to ensure profitability and a balanced lifestyle. If this is all news to you, don’t worry. You’re not alone. None of this is anything they teach any of us in law school. If you “know” this stuff but you’re not making monthly management decisions based on what your six key numbers are telling you, then I absolutely promise you that you are NOT coming close to having the most profitable, predictable and/or the most professionally satisfying law firm that you COULD be enjoying. There is a reason why the MOST successful law firms in the country have a CFO on their team too. You can be your own CFO. It just might be a thousand times harder for you to be your own CFO than to get some outside help. And way more expensive for you to try and be your own CFO too. But not as expensive as NO-ONE being the CFO of your business. That’s REALLY expensive! n

In response, a few lawyers asked me to explain why Balance Sheet is not on my “short list.” A couple more thought their YTD revenues should make my top six list. They all made very nice arguments that I’m not going to distract you with here. Instead, here’s the explanation to each of these questions, so you don’t let yourself get distracted… Balance Sheet: Financial accountants love balance sheets. So do book keepers. Management CFO’s aren’t nearly as impressed with the balance sheet however. There are two principal reasons for this big difference in who cares more about what. First, the balance sheet for solo & small law firms is mostly fictitious. In other words, the assets don’t really matter. Assets don’t pay bills. Cash flow does. Assets don’t hire staff or fund marketing campaigns. Cash flow does. Balance sheets, which are driven by the estimated value of assets against the estimated total of liabilities, tell you how much “equity” you have in your law firm. So what? Who cares? Would you rather own a law firm with one million dollars of “equity” and flat, anemic or even negative cash flow; or a law firm with half as much equity but twice as much positive cash flow? THAT is why Management CFO’s of law firms don’t worry 14 Attorney Journal Orange County | Volume 110, 2015

Caring Beyond The Courtroom ATTORNEY

OF THE MONTH

2015 2014

Gregory Rizio Believes in Putting Clients’ Needs Ahead of His Own, Championing His Colleagues, and Cultivating a Positive Reputation for Personal Injury Attorneys by jennifer hadley

16 Attorney Journal Orange County | Volume 110, 2015

The Rizio & Nelson Team: (L to R) Greg Rizio, Darren Pirozzi, Aaron Hicks & Michele Markus

“My desire to become an attorney began when I was a child. My grandmother told me that I always seemed to have an answer to her complaints, so she told me I should become a lawyer,” laughs Gregory Rizio, Founder of Rizio & Nelson. “Later on, in college I thought about becoming either an attorney or a youth pastor. I guess you could say that I had an angel on one shoulder and a little imp on the other. Apparently the imp was a little louder, but I feel great that I get to live my life by serving my clients and honoring the Golden Rule,” he says sincerely. Rizio isn’t just blowing smoke, either. It is precisely his willingness to help others that makes it immediately clear that Rizio is the furthest thing from a “cut-throat, smooth talking” Personal Injury attorney. On the contrary, Rizio is candid, selfdeprecating, and frankly, a really fun guy to interview. He’s also very open about the fact that it bothers him that there are those who share his profession who do live up to the stereotype of

“ambulance chaser.” By way of example he says, “I got a call just a few days ago from a young man who was incredibly frustrated. He’d spent the day calling attorneys, and no one would take his case. But no one would tell him why. That’s not right. I specialize in helping people, and that means that I help them however I can. I didn’t take his case either, but I spent the time necessary to explain why no one was going to take his case. By the end of the call he was so relieved to finally have answers. He just needed someone to spend a little time with him and help him.” Fortunately, Rizio says, those who are in the field of Personal Injury for reasons other than helping people are the minority, not the majority. This is especially true of many of Rizio’s closest friends in the field. “When you get to a certain level [of success], you’re rooting on your competition. I want to see my fellow attorneys do good work. I’m rooting on people like Brian Chase, Attorney Journal Orange County | Volume 110, 2015 17

Ashleigh Aitken, Bill Shapiro and Eric Dubin. Sure, there is a little friendly competition amongst attorneys, but what I really want to see are good results. We have tough jobs, and I like seeing my colleagues help those who need help. Plus, I love seeing laws being created or changed to keep people safe.”

Clients’ Needs Come First

“My firm, like most well-respected firms that are in this, do it for the greater good. Every attorney at Rizio & Nelson truly desires to develop a family type bond of trust with our clients. We understand that the clients and their family have been put into a position that they did not ask for, anticipate or expect. In most cases, the clients are hurting, angry, confused and scared about an unknown future. It is our job to provide them with an emotional stability to help carry them through this unbelievably tough and frightening time. We are here to help them come to grips with their new reality and help them regain their focus, strength and hope.” Once again, Rizio isn’t just talking the talk, he’s speaking from experience. He can still recall exactly where he was when catastrophe struck his own family. “My wife and I were leaving dinner at the Irvine Spectrum, when we got the call that her grandfather had been killed in a head-on collision. I remember that feeling, and I know what it is like to get that kind of a shock. Saying it’s a tough place to be in, is obviously a gross understatement.” His personal experience with tragedy has only served to reinforce his desire to help, even when others think he’s taking on a case he can’t win. Such was the case when Rizio decided to take on Herman vs. Cardiel. Little did he know that a case that most attorneys had turned down would result in the #1 verdict in the State of California, or that it would be the #1 Plaintiff’s 18 Attorney Journal Orange County | Volume 110, 2015

Personal Injury verdict in the nation, or that it would wind up being the 10th largest verdict in the nation in 2014. Rizio, frankly, took it because he believed in the case. “I took the case for two reasons. The first was that the statute of limitations was almost up. The second reason was that I thought there was a chance that the insurance company had really screwed this up. The plaintiff was a 25-year-old man who would need a lifetime of care after a 2011 accident on Interstate 15 left him unable to speak or move his limbs. But I believed and continue to believe he was fully aware of what was going on. I needed to help him and help his family. No one wanted the case, there was a $15,000 policy limit, and most people thought we were going to lose,” he says. The final result was an incredible $57.9 million verdict in Riverside Superior Court, which now stands as the record for the largest Personal Injury jury trial verdict in the history of Riverside County. Not surprisingly, Rizio received award after award, including the Litigator’s Award in the categories of catastrophic brain injuries, catastrophic injuries, wrongful death and personal injuries, which is bestowed upon the top 1% of attorneys nationwide. The Western San Bernardino County Bar Association awarded him Trial Lawyer of the Year in 2014, and he was again named Trial Lawyer of the Year in 2015 by the Consumer Attorneys of the Inland Empire. He was named a 2014 Top 5 Trial Lawyer of the Year Finalist by the Consumer Attorneys of Los Angeles, and was simultaneously nominated by Consumer Attorneys of Orange County as Trial Lawyer of the Year. Yet when asked which of the many awards he received felt like the biggest honor, Rizio says simply, “I find it a massive honor when people hire me.”

Rizio’s resume is filled with other incredible accomplishments, many of which benefit us all, as evidenced by Palumbo vs. San Dimas. While Rizio secured a $9,000,000 settlement for his client, he’s far prouder of the fact that what he did in that case was to protect other drivers on that road. “I look at cases like that, with a 16-year-old client, as if they could have been my child. Part of the settlement was a complete re-design of the roadway, including adding a rest-on-red light signal, a narrowing of the roadway to reduce speeds and the removal of dangerous wooden fence that was changed out to PVC fence.” Rizio is also the rare Personal Injury attorney who will take on child abuse cases, after ascertaining that the lawsuit will in no way further stress or affect the plaintiff’s wellbeing. “Most personal injury attorneys don’t take these cases. It is hard to get insurance to pay for it, and believe me, and I’m not the guy who does a lot of these cases, but if I think it will help get justice for a child, I will take it on,” he says. “I really do try to live by the Golden Rule, and I put my clients’ interests ahead of mine.”

Championing Colleagues, Commitment to Serving the Community

Rizio isn’t exaggerating when saying that he specializes in helping people, and that extends to the legal community, and the world at large. A champion for his colleagues, Rizio even admits that he hasn’t changed the name of his firm from Rizio & Nelson, despite the fact that R. Shawn Nelson—who several years ago

Family: Cassie (17), Caleb (16), Olivia (11) and lovely wife Ericka

cohosted the Orange County radio program Open Court with Rizio—left the firm to pursue a political career several years ago. “I secretly keep hoping he comes back,” Rizio laughs. “He’s an extraordinarily talented lawyer, but he’s also doing a fantastic job as one of the five Orange County Supervisors” he admits. Rizio is equally excited to praise his team at Rizio & Nelson. “The wonderful attorneys and staff I get to work with make it a joy to come to work every day. In particular, Michele Markus and Judie DeuPree have both worked with me for over 20 years. Without those two watching the firm and my back, we never would have achieved the success that we have.” Finally, Rizio brags about those who could ostensibly be seen as direct competitors. “I’m so proud to be in the company of so many talented attorneys in Orange County, who are doing incredible things to protect people. Brian Chase, for example, who is the President of Consumer Attorneys of California, is a close friend, and he changed a law leading to greater consumer protection regarding seatbacks in cars. How cool is that?” Many of Rizio’s friendships with Southern California’s top trial attorneys were formed as the result of his deep commitment to giving back to the legal community by serving on various committees in support of the profession. Similarly, “I have dedicated my law career to memberships and councils where I can make a difference in protecting people. I am extremely proud to be serving on the Orange County Bar Foundation’s Board of Directors, the CAL-ABOTA Executive Board, the Inland Empires’ ABOTA Executive Board, and to be Consumer Attorney of California’s Executive Counsel.”

Contact: Gregory Rizio Rizio & Nelson www.rizioandnelson.com grizio@rizioandnelson.com 1801 Parkcourt, Building H Santa Ana, CA 92701 Phone: 888-745-7595 20 Attorney Journal Orange County | Volume 110, 2015

EXPERIENCE

He also spends as much time as possible participating in charity work through his church, often building homes in Mexico, feeding the hungry in Africa, as well as other humanitarian efforts. In fact, giving to those in need is a way of life in his family, and this summer his 17-year-old daughter will also head to a third-world country to serve orphans. “I’m excited and proud of her, but a tad petrified. I’m a personal injury attorney, I can’t help it,” he chuckles. But rest assured, if there is one thing Rizio is not, it’s a “square.” Despite being known for paying incredibly generous referral fees, giving his clients his personal cell phone number, taking on cases that others turn down, working safety improvements into settlements, and giving back to charity, believe it or not, Rizio is concurrently a nightclub owner, which he can’t help but laugh about, when questioned about it. “I do own the Continental Room in Fullerton, even though I’m too old to go to my own nightclub,” he laughs. Continuing, he says, “I’ve offered to set up colleagues and friends in the legal community with a VIP room, which makes me sound very generous, but no one ever takes me up on it! We’re all too old. Besides, I’m an attorney by day and basically a cab driver for my kids at night.” However, he’s happy to do the driving, and loves attending volleyball games, soccer games, and watching his daughter cheer. The family also loves mountain getaways, when time allows. “Our firm’s success would not have been possible without my wife Ericka and my three kids understanding that what I do is more than a job,” he says. Indeed, Rizio is clear that the families of highly successful attorneys deserve a great deal of credit for patience, understanding and support. In fact, he tries to share that message with young attorneys pursuing the same path. “The first thing I tell any new attorney is that being a successful lawyer is not a 9 to 5 job; it is a lifestyle choice. It is something that must truly be who you are. I also tell them not to do it for the money. If they honestly do it to serve their clients and the legal community by living out the Golden Rule, they will really love what they do and the money will take care of itself.” If it sounds like Rizio is an open book, that’s intentional. “I want to change the perception many people have of lawyers. I am genuinely sorry any time a client has to meet with me, because I know that means something horrible has happened in their life. But you know, I thought I might want to be a minister years ago, and in some way I feel like I’m now able to minister to my clients. And I feel like I’m living the life I’m supposed to live, and that what I do to help people reflects who I am.” n

» EDUCATION • California Western School of Law, San Diego, California, J.D.—1991 • Point Loma Nazarene College, San Diego, California, B.A. cum laude—1988

» EXPERIENCE • ABOTA (Inland Empire Chapter); President Elect, 2014 • Past President (2011-2013); Consumer Attorneys of the Inland Empire

» MEMBER • Executive Board Member; Consumer Attorneys of California Plaintiff Legislative Branch • CAL ABOTA Board Member; Inland Empire President Elect • Orange County Bar Foundation Board Member • Multi-Million Dollar Advocate Forum, Personal Injury Category

» RECOGNITION & AWARDS • 2014 Litigator’s Award in the categories of catastrophic brain injuries, catastrophic injuries, wrongful death and personal injuries, which is bestowed upon the top 1% of attorneys nationwide • Western San Bernardino County Bar Association Trial Lawyer of the Year in 2014 • Nominated by CAOC as Trial Lawyer of the Year in 2014 • 2014 Jennifer Brooks Trial Lawyer of Year; Western San Bernardino County Bar Association • 2015 William Shapiro Trial Lawyer of the Year; Consumer Attorneys of the Inland Empire • 2014 Top 5 Trial Lawyer of the Year Finalist; Consumer Attorneys of Los Angeles • Top Monetary Personal Injury Verdict for California & Top 35 in National Plaintiff Verdicts (Overall) Herman vs. Cardiel 2014, Riverside County ($57.9 Million) • 2014 Top 100 Trial Lawyers; The National Trial Lawyers Association • Nations, Top Attorneys Recognition; National Association of Distinguished Counsel Organization • Super-Lawyer; Personal Injury Category, Southern California Region • Top Attorneys Recognition (various years recognition in the following magazines): Inland Empire Magazine Orange County Metro Magazine, Orange Coast Magazine, Los Angeles Magazine Valley Living Magazine The Nine O Nine Magazine

2014 Fragomen Attorney Journal OC - 5th Proof.pdf 1 1/7/2015 3:25:28 PM

SAN DIEGO AND ORANGE COUNTY’S LEADERS IN…

• ESI Processing & Hosting • Data Acquisition & Forensics

• Managed Document Review • Paper-based Discovery Services

501 W. Broadway Suite 400 San Diego, CA 92101 Office: (619) 234-0660

FREE MCLE SEMINARS!

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

DTIGlobal.com Attorney Journal Orange County | Volume 110, 2015 21

Marketing Activities Attorneys Can Effortlessly Delegate

by Cindy Greenway MANY ATTORNEYS STRUGGLE to market their firms effectively

while also looking after the day-to-day activities in the practice. I am here to tell you that you, the attorney, do not need to do it all. Deep down I bet you know this… but when you sit down to tackle a marketing strategy such as writing a blog post, following up with referral sources or looking for speaking opportunities, you feel it is up to you to make it all happen. In this article I have outlined three specific marketing activities that you should delegate to your law firm staff. While you may be required to review and provide final approval, you can relax by knowing that the tasks are being looked after without consuming your valuable time. 1. MANAGE THE OVERALL MARKETING SCHEDULE We both know there is no way you can create and manage an effective marketing schedule while taking care of your clients. The first step is to identify someone in your practice who can be responsible and accountable for managing the marketing of your practice. If you do not already have a marketing assistant, perhaps consider hiring one. Or, as you get started, an assistant can take on this added role. Your new marketing assistant should be responsible for: • Developing consistent content • Recording potential topics for articles/blog posts • Leveraging content between the website, blog and social media • Identifying who else in the practice will provide content; setting their posting schedule; and enforcing their deadlines • Ensuring that publications go out regularly and on schedule 2. SEND CRITICAL COMMUNICATION: YOUR REGULAR EZINE OR NEWSLETTER If you have not already implemented this strategy in your firm, these steps will help to ensure a successful newsletter that reaches your prospects and clients:

22 Attorney Journal Orange County | Volume 110, 2015

• Sending a periodic ezine or other electronic newsletter is still a must-do legal marketing strategy • Have a template designed for your newsletter • Schedule when the ezine will be sent to subscribers • Identify the software program you will use to deliver the newsletter • Draft new copy or pull copy from your blog for the ezine • Confirm offers/calls to action 3. RESEARCH POTENTIAL SPEAKING OPPORTUNITIES Do you wish local organizations and associations would call you to speak at their events? Speaking is an excellent opportunity to build your credibility and visibility. But effective speeches are not off-the-cuff. They take time to prepare and time to deliver—time away from your practice. To ensure that you use your time effectively, you should delegate: • Researching potential associations/organizations where you can speak to your specific target market • Documenting contact information, website links, upcoming events and membership details of any organizations that you would like to contact to ask for them to have you speak • Researching upcoming workshops, seminars and conferences that may be looking for an attorney with your specialty Your law firm staff can assist you with marketing efforts. Determine which activities are most important to you, then speak with your staff to identify the best person to assist with the tasks. n Cindy Greenway is the Editor-in-Chief of LawMarketing.com, the premier online resource attorneys and legal marketers turn to for information on the business side of law. She is passionate about online marketing and helping attorneys stay up-to-date with the most current marketing strategies available to support the growth of their law practices.marketing@consultwebs.com, lawwebmarketing.com, 800-872-6590.

Areas of Expertise Business • Class Action Complex Litigation • Construction Employment/Wage and Hour Insurance Coverage/Bad Faith • Intellectual Property Legal Malpractice • Medical Malpractice Personal Injury • Probate Real Property • Wrongful Death

Past President: San Diego Chapter of ABOTA, San Diego County Bar Association Listed in The Best Lawyers In America, Super Lawyers and Top Attorneys 30 Years of Experience as a Mediator and Arbitrator 35 Years of Extensive Civil Litigation Experience Representing Plaintiffs and Defendants

Monty A. McIntyre, Esq. Mediator, Arbitrator & Referee ADR Services, Inc.

Relentless Optimist® | Rapid, Reasonable Resolution™

To schedule contact Genevieve Kenizwald: phone (619) 233-1323, email gen@adrservices.org 19000 MacArthur Blvd., Suite 550, Irvine, CA 92612 | Offices in Irvine, San Diego, Los Angeles, Silicon Valley and San Francisco www.adrservices.org | www.montymcintyre.com

Attorney Journal Orange County | Volume 110, 2015 23

IS YOUR LAW FIRM MAKING THE BEST IMPRESSION?

There are times when experience really matters.

The Preferred Referral for Executives and Professionals!

ELG

™

Executive Law Group®

Legal Services for Executives and Professionals in Transition

✓Severance Packages ✓Employment Contracts ✓Crisis Counseling ✓Litigation

Refer executives and professionals to execlaw.com or contact us toll-free for a free pre-consultation.

We’ll help you put your best foot forward. From logos and brochures to websites, strategy, writing and beyond, we’ve got you covered! Jenny Strauss, Vice President (215) 460-0835 jenny@skidmutro.com

R. Craig Scott, Esq. Founder and CEO “AV Preeminent® ” Rated

888.920.EXEC (3932) 24 Attorney Journal Orange County | Volume 110, 2015

View our portfolio at skidmutro.com

Five Guaranteed Ways to Lose Potential Clients on the Web in 2015 by Tanner Jones

obody likes to know they are losing new business to competitors. The fact is, we all do at times. When client-loss occurs, it is critical to the well-being and growth of our businesses to learn why—and implement steps to win over prospective clients the next time around. It is impossible to know how much actual business you are losing on the Web. Prospective clients have unlimited ways of finding, evaluating and hiring law firms on the Internet. They can find your law firm via a Google search, on social media sites, blogs, media websites, press releases, Google Adwords (Pay-Per-Click), local directories, display advertising and the list goes on. The problem is you only begin to track prospective client activity after they decide to contact you. It’s the ones that decide not to make contact with you that are more detrimental to your bottom line—and you don’t even know it! While the Web continues to offer unlimited marketing potential for law firms, there are several Web-related marketing tools you should be familiar with in the New Year; areas that are turning prospective clients away before you even have a chance to talk with them.

1. YOUR [NEGATIVE] ONLINE REVIEWS Law firms have traditionally built their practices on wordof-mouth marketing. Online review platforms such as Google+, Facebook, Yelp and Avvo offer attorneys a unique opportunity to publicly showcase accounts of positive experiences from past clients. The difference between traditional word-of-mouth marketing and today’s online reviews is that an online review can be seen by thousands of potential clients well into the future, while a word-of-mouth

26 Attorney Journal Orange County | Volume 110, 2015

referral from a happy client may only travel to a couple of friends or family members. There is tremendous weight to an online review. Consider that 86% of people say they are influenced by negative online reviews, impacting their decision whether or not to do business with a company. Unless you have several positive reviews to dilute one or more negative reviews, you risk losing potential clients before they even contact your law office. Change starts by understanding the power of online reviews. The only way to combat a bad review is to encourage more positive reviews from happy clients. Embrace the value of a positive online review and you won’t have to continue losing clients in 2015 due to the negative reviews steering prospective clients toward your competition. To keep a close eye on your online reputation and reviews, have someone in your office set up a Google Alert for your business name and the names of each of your attorneys.

2. YOUR INABILITY TO CATER TO MOBILE USERS Mobile browsing is at an all-time high. If your website does not cater to the mobile user, you are significantly limiting your ability to effectively market to ALL of your potential clients. Google is even taking into consideration whether or not your site is mobile-friendly and limiting search visibility for non-mobile friendly sites when users are browsing from their phones. A highly compelling statistic by iAcquire showed that 70% of mobile searches lead to action on websites within a single hour. This implies that people browsing on their phones are more inclined to take action if they find what they are looking

for, and stresses the need to have all appropriate calls to action optimized for mobile to ensure a maximum number of conversions. Appropriate calls to action include a ‘tap to call’ button, ‘tap for directions’ and an easy-to-use contact form. This same study suggests that 40% of your prospective clients will choose another result if the site they are considering is not mobile-friendly.

3. YOU AREN’T DIFFERENTIATING YOUR LAW FIRM With an unlimited number of law firm sites available for your clients to browse, you absolutely want to ensure that your site caters to a growing Web demographic. Consider that your potential clients are often calling more than 3 different law firms when deciding who to hire. What does your website tell your prospective clients and how does its message differ from your competitor next door? If you have yet to identify a unique value proposition for your firm, 2015 is the year to develop one. The Web will only grow in competition and the firms who do not have a distinguishable and differentiated brand will be easily forgotten. Custom photography has grown in popularity on law firm websites. Your attorneys and staff are often the most valuable assets within your firm. They are what set you apart in your market and practice areas. Naturally, it makes sense to showcase those individuals on your homepage and throughout your site. Prospective clients also want to know who they will be talking to and dealing with during their legal battle. Professional and friendly photos of your firm’s

members help personalize your website, and make your firm more welcoming and memorable. Another way to differentiate your firm is to offer giveaways on your site. People love freebies. Giving away free resources like e-books (or, even better, printed books), glove box printouts (e.g., 10 Things to do Right after an Accident), Free kits (e.g., Estate Planning Survival Kit) or branded products (e.g., USB phone chargers, etc.) can make a huge difference. These are often rather inexpensive and can be featured for months at a time on your site. They help to set your firm apart and bust through the noise. Lastly, if you are involved in your community through charitable giving or social responsibility campaigns, be sure to let it be known on your website. Eighty-two percent of people are said to be influenced to purchase products and services from companies that support a good cause in their community. Furthermore, 90% are more likely to trust and be loyal to a company that supports a cause (source: conecomm.com). Download the Social Responsibility Marketing handout to learn how to set your firm apart using community-based brand-building campaigns.

4. YOU DON’T HAVE ANYTHING ON YOUR SITE WORTH A LINK The worst mistake you can make is investing in a search marketing campaign without investing in ‘assets’ on your site that make it worthwhile for reputable and credible websites to link back to you; ultimately trusting your site enough to send their valuable website traffic to yours. Most organizations, including universities, hospitals, nonprofits and governmental agencies, are skeptical about linking to a law firm website. You have to build trust first. You don’t do that through advertisements, but rather through offering educational resources and helpful information. If your practice area focus is on family law, with a specialty on representing victims of domestic violence, consider developing a resource center on your site that offers value to men and women living with violent partners. Take a look at Charles Ullman’s North Carolina Domestic Violence Resources page. He has invested considerable effort in providing a great resource to victims of domestic violence throughout the state of NC, and has earned the trust (and links!) of nonprofits and

Attorney Journal Orange County | Volume 110, 2015 27

governmental agencies. It is resources like this that help your site to establish authority around a particular topic and allow you to earn links naturally. Another way to provide value on your website is to offer a scholarship for your local high school or college students. It is a great way to give back to the community, build your brand and drive more traffic and quality links to your website.

5. YOUR CONTENT IS TERRIBLE People are online because of the vast amount of information and immediate help it provides. They do research to learn and to empower their decision-making process. Thus, content does matter. Even more importantly, valuable content wins business. Compare these two motorcycle accident landing pages:

The purpose of developing a comprehensive resource page around your primary practice areas is two-fold. Number one: you want to provide your prospective clients with a wealth of information to quickly and easily address their needs and answer their questions. By doing this, you build trust and establish yourself as an authority figure around your primary practice area(s). Number two: you build a case for Google (and other search engines) to identify your page as being the most credible, reputable and best resource on the Web related to that practice area in your city/state. If your visitors like the information they are consuming on your site, they will naturally stay on the page longer, click deeper into your website and take more action by downloading freebies or converting via live chat, contact form, or phone call. Google is able to track the activity and compare it with other competing law firm website pages and see that you are offering a stellar resource as compared to your competitors. That is how you will win new business in 2015 and beyond. Focus on providing great resources for your visitors, creating a clean and inviting user experience, and you have a much greater chance of being rewarded by improved search visibility.

AVOID LOSING CLIENTS BEFORE YOU HAVE A CHANCE TO TALK WITH THEM.

VS.

28 Attorney Journal Orange County | Volume 110, 2015

While the Web will continue to present new and cutting-edge technologies to market your law firm, it is absolutely critical to understand how the Web can negatively impact your business. Before investing in new and exciting opportunities, ensure your site has a foundation built for 2015. Don’t let your prospective clients slip through the cracks by ignoring these important areas. n

Tanner Jones serves as the Marketing Director for Consultwebs.com, the premier provider of innovative online legal marketing to ethical U.S. law firms seeking growth and profit. Consultwebs fosters professional, long-term relationships built on trust, integrity, high quality and results. Often the first contact clients have with Consultwebs, Tanner helps law firms develop their marketing strategies, including search marketing campaigns, responsive website design, social media and pay-per-click advertising. Tanner has spoken and presented at legal marketing seminars throughout the country including the PILMMA and M&L Legal Marketing conferences. He has been featured in Lawyers Weekly and Attorney at Law publications, and contributes frequently to LawWebMarketing. com, LawPracticeAdvisor.com, LawMarketing.com and NatLawReview.com.

UNRIVALED JURY VERDICTS SETTLEMEN T S PERSONAL SERVICE REFERRAL FEES

PANISH SHEA & BOYLE is happy to discuss how

we may assist you in your case. Please contact

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

WWW.PSBLAW.COM

310.477.1700

1.877.800.1700

“Learn the fundamentals of the game and stick to them. Band-Aid remedies never last.” –JACK NICKLAUS, Legendary Professional Golfer

PRINCIPLES TO

Eliminate Distractions & Encourage Success

Whether you are an employee or self-employed, your income depends solely on you. And the more efficiently you can work the bigger returns you will receive. Take a moment and ask yourself where you truly want to be? Now tell me how many things you did today, yesterday, and the day before yesterday that directly contributed to the future results you want. And then tell me how many things you did today that did not contribute to your success. Those things probably distracted you from what you knew you should have been doing. So you might be saying, ah—it’s OK, everyone does it and shrug it off. Well, not everyone does it—however, most do. So what’s the harm in the little everyday distractions? Those distractions are called distractions for a reason. Minimize distractions and you’ll reach your goals faster—plain and simple. If you’re self-employed and want to increase your monthly income by $3000, that won’t happen by surfing the internet or playing solitaire. It’s going to come from doing the highest payoff activities that have the highest probability of building your success. You must minimize distractions and focus on the tasks that have a positive effect on your success. Whether you are an employee, self-employed, or work at home, all of these ten principles can be applied to reduce and eliminate distractions. 1. Stay off the internet. Just don’t get on it—because once you do, you’re more likely to get sucked into it. If you have to get your fix, do it at the end of the work day or a set time during the day. Set a time, and then honor it. 2. Remove computer desktop icons. All of those things you love doing, like playing solitaire, just remove the icon from your desktop. Out of sight, out of mind is typically a good policy. 3. Remove desktop clutter. Magazines you say you’re going to read on your lunch break and the picture of your sweetheart taped right to your computer monitor; these items need to be moved out of your immediate and frequent field of vision. It’s OK to have personal items near you; they just shouldn’t be right in front of where you look most of the time. Only keep those items on your desk that you are currently working on. Anything else can cause a distraction and slow you down from getting your work done. Place only current files needed on your desk, while the others are filed away until you need them. 4. Eliminate noises. Listen to soothing instrumental music if you feel you need to listen to something, but talk radio or lyrical music will distract you. Even alert sounds from your computer can be distracting; like the sound you hear when you receive an incoming email. Other distracting sounds can be the phone ringing, others talking, outside noise, etc. 5. Discourage walk-in traffic. Granted, if you’re a manager it may be more difficult to do this; but if you can set specific times when you’re available to talk and accept walk-ins, and times that you don’t—it will help you to focus and complete tasks more efficiently. Ideally, scheduling appointments is the most effective. For those who work at home, this rule applies to your family. Establish clear boundaries 30 Attorney Journal Orange County | Volume 110, 2015

when you are not to be distracted, unless it’s an emergency. 6. Screen your calls. It’s ideal if you have someone answer every call since real-person response is a vital part of a successful business. If this is a resource available to you, establish a schedule of when you are available to accept calls. Outside of those times, you’ll need to arrange a screening process to allow only the most important calls through. I suggest reserving at least a few hours per day when you do accept any calls. 7. Ask for what you want. It’s appropriate for all situations, but it must be done with tact and friendliness. Busy professionals appreciate concise, focused conversation and you can show them you respect their time by not wasting it needlessly. Clear and concise communication saves time for everyone. 8. Learn how to wrangle in excessive conversation. Just as I mentioned in the above principle, everyone appreciates productive conversation. If you find yourself in a conversation with someone and it’s not progressing to a point or conclusion, wrangle it in so you can get to a solution. Again, this should be done politely and professionally. 9. Work when no one else is around. This can sometimes be the greatest distraction elimination available. No clients, no co-workers, no phone calls. Take advantage of alone time whenever you can. 10. Use and honor your calendar and task list. Remember; concentrate on doing the things that have the highest probability of you achieving your goals and that build your success. Distractions offer no return and no profit. Wouldn’t it be great if our ‘good intentions’ worked the way that we think they should? Not even enthusiasm guarantees positive results. There’s often a wide gap between our intentions and our actions. We fail to take the action necessary to be in alignment with our good intentions. We allow things to distract us way too much each and every day. Generally speaking, it’s easier to become distracted when you’re selfemployed because it removes the accountability factor. When you don’t have a manager looking over your shoulder, it’s tempting to mess around with distractions. Remind yourself that those little distractions offer little return. Instead, stick to the productive tasks that build your success. Eliminate distractions and you have an even better chance of acting on your good intentions and achieving amazing results! n Anne M. Bachrach is known as The Accountability Coach. She has 23 years of experience training and coaching. The objective is to do more business in less time through maximizing peoples true potential, and ultimately leading them to an even better quality of life. Anne is the author of the book, Excuses Dont Count; Results Rule!, and Live Life with No Regrets; How the Choices We Make Impact Our Lives. Go to www.accountabilitycoach. com for information about Anne M. Bachrach, Copyright© 2008,Anne M. Bachrach All right reserved. For information contact FrogPond at email susie@FrogPond.com.

PRSRT STD U.S. POSTAGE

PAID

Post Falls, ID PERMIT NO. 32

Brian Chase President CAOC - 2015 Product Liability Trial Lawyer of the Year OCTLA - 2014 Trial Lawyer of the Year CAOC - 2012 Trial Lawyer of the Year Nominee CAALA - 2012 Product Liability Trial Lawyer of the Year OCTLA - 2004