Attorney Journal, Orange County, Volume 134 by Attorney Journals

ORANGE COUNTY

Volume 134, 2017 $6.95

Chaos is King, Until it’s Not: A Solo’s Guide to Order

Evan Walker A Time to ACT

Jason Hughes

What You Know vs. Who You Know

Mike O’Horo

Why Clients Drive Technology Adoption

Mary Juetten

4 Ways to Find Fresh Content Ideas For Your Blog and Social Media

Corrie Benfield

Is Your Law Firm’s Homepage Design Lacking Important Elements?

Kevin Evans

California Case Summaries ADR™

Monty McIntyre

Five Tips on Hiring an SEO Firm for Your Law Practice

Josh Gerben

Law Firm of the Month

Parker & Covert LLP,

Earning an “A” Representing School and Community College Districts

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2017 EDITION—NO.134

TABLE OF CONTENTS 6 Is Your Law Firm’s Homepage Design Lacking Important Elements?

by Kevin Evans

8 What You Know vs. Who You Know by Mike O’Horo

10 Why Clients Drive Technology Adoption EXECUTIVE PUBLISHER Brian Topor EDITOR Wendy Price CREATIVE SERVICES Skidmutro Creative Partners CIRCULATION Angela Watson PHOTOGRAPHY Chris Griffiths STAFF WRITERS Jennifer Hadley Bridget Brookman Karen Gorden CONTRIBUTING EDITORIALISTS Elaine Biech Evan Walker Mike O’Horo Jason Hughes Kevin Evans Corrie Benfield Monty McIntyre Josh Gerben Mary Juetten WEBMASTER Mariusz Opalka ADVERTISING INQUIRIES Info@AttorneyJournal.us SUBMIT AN ARTICLE Editorial@AttorneyJournal.us OFFICE 30211 Avenida De Las Banderas Suite 200 Rancho Santa Margarita, CA 92688 www.AttorneyJournal.us ADDRESS CHANGES Address corrections can be made via fax, email or postal mail.

by Mary Juetten

12 COMMUNITYnews

16 Parker & Covert LLP, Tustin Earning an “A” Representing School and Community College Districts

LAW FIRM OF THE MONTH

by Jennifer Hadley

22 California Case Summaries ADR™

24 A Time to ACT

by Jason Hughes

26 Five Tips on Hiring an SEO Firm for Your Law Practice

by Monty McIntyre

by Josh Gerben

28 Four Ways to Find Fresh Content Ideas for Your Blog and Social Media

by Corrie Benfield

30 Chaos is King, Until It’s Not: A Solo’s Guide To Order

by Evan Walker

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 2017 by Sticky Media, LLC. All rights reserved. Contents may not be reproduced without written permission from Sticky Media, LLC. Printed in the USA

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Is Your Law Firm’s Homepage Design Lacking Important Elements? by Kevin Evans

he homepage of your firm’s website is one of the most important pages on your site, because it is where the majority of your visitors convert into potential clients. Deciding what elements to include, and how to design the page is crucial to maximizing conversions, and ultimately, new clients for your firm. Determining what converts the best on a homepage can be tricky, as there are many factors involved. Below are just a few things to consider: • Content • Firm reputation • Proper keywords that provide the scent of information – Scent of Information refers to when web users enter their query words or phrases in the search engine—they will see their search words or phrases highlighted in the search engine results page (SERP) listings. These keywords are the user-generated scent of information. • Goals • Target audience and demographics • User experience • Design and user interface • Site speed The homepage is not meant to be a smorgasbord of all your content fighting for attention. Your homepage should showcase the value of hiring your law firm. There are many ways to let prospective clients know that your firm has the experience and resources necessary to seek the results they want. Consider including some of the following on your homepage: • High-quality, easily digestible content • Clear calls to action • Client reviews or testimonials • Verdicts and settlements 6 Attorney Journal Orange County | Volume 134, 2017

• Awards and association badges • Firm badges Below, we will dive into just a few of the most important items.

Above-the-Fold Elements The portion of the webpage that is visible without scrolling is referred to as “above the fold.” Featuring quality, engaging content above the fold on your site is essential to keep a visitor interested and to keep them from leaving right away. Though more and more people are getting used to scrolling, thanks to the proliferation of mobile phones, you want to provide a precise message, good trust signals and a clear call to action, all above the fold. A visitor to your site should be able to find the following information quickly: • Who you are • Where you are located • What kind of law you practice • Contact information and/or live chat As an example, Holliday Karatinos Law Firm has a nice, inviting design above the fold, with all the elements discussed previously: • A warm firm photo of one of their attorneys • A simple and to-the-point message that lets visitors know what they do, where they are located, and how long they have been helping people • Trust signals, such as the Best Attorneys of America and the Litigator Award • Multiple calls to action, such as phone number, live chat and a contact form.

Quality Content Some say content is king. But they also say less is more. The content length debate has been going on for a long time in web marketing. Though evidence suggests that longer content leads to better rankings, we have found that a simplified design with shorter content works better for conversions. A problem with content arises when there are large swaths of text with nothing to break it up, such as photos, headings, infographics, icons and illustrations. Adding visual elements within the text provides the user’s eye a break as they scan the content for something eye-catching. Rand Fishkin, in a great article on content, wrote: “My proposal: rather than applying a tactic like long-form content universally or setting length as the bar (or even a metric) for greatness, we instead match our content to our audience’s needs and our business/personal goals. 700 more words will not help you reach your goals any more than 7 more words. Create content that helps people. Do it efficiently. Never write an ultimate guide where a single image could more powerfully convey the same value. Trust me; your audience and your bottom line will thank you.” Think of your homepage as a branding funnel that highlights your firm’s strengths, personality and types of cases you handle—all of which should be backed up with trust signals like client reviews, case results and award and association logos, along with clear calls to action. You should provide enough content to convey your value, message and brand without overwhelming visitors. Your homepage should be concise and provide targeted bites of content that link to your interior pages. The interior pages are there to provide more in-depth detail if the user chooses to read more about a particular subject.

Provide Clear Calls to Action It is vital to provide multiple, highly visible calls to action throughout your homepage. If you have laid the groundwork on your homepage to entice someone to call about your services, you need to provide a quick and foolproof way to contact you. Calls to action come in many forms, such as a free consultation button, phone number, live chat or a contact form. Jim Leach has a site that features multiple clear calls to action throughout the design and content.

Trust Signals It is essential to provide potential clients who are visiting your website for the first time with certain assurances that they can trust you. There are many ways that you can convey trust signals. Below are just a couple of examples:

homepage are reviews and testimonials. People rely heavily on the reviews and recommendations from others. Having reviews for your law firm is no exception.

Awards and Certifications If you have awards or recognition from organizations, such as AVVO, Martindale-Hubbell, BestLawyers, Super Lawyers and many others, featuring some of the badges above the fold provides a strong trust signal. Other trust signals you could display within your site include: • Firm photos • Privacy policy • Verdicts and settlements • Contact and location info

Firm Photos Last but not least, it is vital to have unique, welcoming photos of your attorneys and office. Not only do good photos provide a great trust signal, but they help to convey your firm’s culture, brand and personality. Some of the best photos are ones that show attorneys making connections with their clients, or ones that convey an emotional story to visitors. Try to avoid using stock photos, as they don’t provide a genuine feel for prospective clients. We recommend law firms hire a great photographer who can best show off the firm’s brand and culture. Also, don’t forget to update your site with new photos from time to time, to keep it fresh.

Conclusion There are a lot of factors involved in crafting a great homepage. Using solid data and a little intuition about your goals and demographics, you can create an optimized experience for your visitors that will drive conversions. n Kevin Evans is a Senior Web Designer for Consultwebs.com. Kevin develops creative strategies for our clients’ websites that will help them to succeed. He proactively reviews our clients’ sites and makes any adjustments that will improve the overall impact of converting visitors to clients. He also codes HTML/ CSS, implements scripts, edits and creates videos and gives creative direction to the members of the design department.

Client Testimonials and Reviews Perhaps the most important trust elements to feature on your

Attorney Journal Orange County | Volume 134, 2017 7

What You Know vs. Who You Know by Mike O’Horo For 20 years, Mike O’Horo has been known by lawyers everywhere as The Coach. He trained more than 7000 of them, generating $1.5 billion in new business. Mike can be reached at mikeohoro@rainmakervt.com.

or most of your career you’ve probably heard the adage, “It’s not what you know, but who you know.” That reflected the relationship-centric nature of doing business in a Seller’s market, where demand exceeded supply, and everyone who expended even a little effort got business. Now that you’ll face a Buyer’s market for the remainder of your career, where supply exceeds demand, it’s past time to upend that longstanding belief. Today’s version is, “It’s not what you know. It’s not who you know. It’s what knowledge people associate you with.”

The Source of Legal Work Think about the source of your legal work. Legal matters don’t just spring up, fully formed as legal tasks, awaiting a lawyer to perform them. They derive from human business activity, informed and driven by human desires and aspirations. Somebody has an idea for a new product. They need to: • Raise capital, • Recruit a team, • Find a place to house operations, • Create the product, • Market it, • Sell it, • Deliver it, • Service it, • Improve it, and • Maybe cash out of the whole enterprise someday. These are just a few of the verbs that would make up an exhaustive list. Then there’s the whole array of others’ reactions to our someone doing those things listed. Those other someones may perceive that these actions are to their disadvantage, and they need to stop us. Or they may want to partner with us. Or acquire us. As you read that list, an entire array of legal issues came to mind, right? Because those legal issues derive from those activities. You can’t think of one without thinking of the other. Human decisions and actions are the origins of all legal

8 Attorney Journal Orange County | Volume 134, 2017

matters. (Yes, that includes governments.) So, if this mental and physical business activity is the wellspring for your legal work, how can you not participate and still expect to stimulate or expose demand for your expertise?

Contribute to the Conversation You have to contribute to the ongoing conversation. To do that, you have to understand the business context. You have to know something that these business people need to know if they want to optimize their success and minimize their problems. They don’t know the legal ramifications of their decisions and actions. You do. However, because they’re not aware of those legal ramifications, you can’t get invited to the conversation if you’re speaking “legal.” It’s like trying to join a conversation about housing by discussing construction materials. Within the housing conversation, materials will eventually have a place. But introducing them as your entry point won’t work; you must first establish context for them. Before you can contribute what you know about the legal issues, you must establish yourself as relevant to the current context of the conversation, which is the business activity. What you know about that gets you admitted, and allows you to remain in the conversation until the legal issues become relevant.

You Have to be Relevant, or You’re a Distraction, and Unwelcome If you stay on the sidelines until the conversation evolves to the legal aspects, you’re too late. Then, you’re a vendor, being considered to perform a task. However, since there are many such vendors available, buyers perceive little difference among them and seek the lowest price, or other considerations. And then, when the legal task is complete, you’re back on the outside because they’ve returned to the business conversation, to which you’re seen as irrelevant because you’re isolated in the “legal discussions” box. Learn your clients’ business, and make yourself welcome in the conversations that generate demand for legal service. n

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Why Clients Drive Technology Adoption

by Mary Juetten

ecently, I hired a lawyer. Not only did I have to print and sign an engagement letter, I also had to mail a check and manually complete a form that was then transferred to a Word document, which I then had to sign by hand. Compared to my interaction with almost any other business, I found the entire process extremely inefficient. On the other end of the spectrum, my husband hired a different lawyer who used a practice management system that allows for document sharing, online engagement, electronic billing and payment. He never even met this lawyer and yet he was very satisfied with the process and outcome. It’s not just millennials who expect a simple, efficient approach to service; it’s everyone. To keep up with these demands, law practices must keep up with new technology options.

Why Wait for Clients to Ask? Four Things to Consider Clients want you to adopt technology to reduce their costs and improve their experience. For corporate clients, this might mean requests for transparency in billing and significant automation, particularly for routine matters. On the consumer side, clients are wanting mobile applications for easier onboarding and process-handling. 10 Attorney Journal Orange County | Volume 134, 2017

At a recent Evolve Law program on “Client-Driven Technology,” panelists focused on four things to consider when investigating or implementing technology for your law firm. 1. Problem-solving Look at clients’ pain points when implementing technology. It can be as simple as using software to reduce fees or something more specific to the client, like document automation or business intelligence-gathering tools. Kate White, Client Engagement and Innovation strategist at Davis Wright Tremaine, spoke about eliminating the pain for in-house legal departments: “What are the new pressures on inhouse counsel? What are the volume areas of work that they’re needing to handle more efficiently. 2. Security Attorney entrepreneur John Rome, CEO of Intensity Analytics, cautioned that you must pay attention to the security of your technology systems, because “if you don’t take care of confidential data, you’re liable.” Businesses cannot avoid using the cloud but all law firms have to be smart and proactive about protecting clients’ data.

3. Interoperability and user experience I get a consistent message from lawyers that, “I just want to log in and see all my workflow in one place.” From marketing to engagement, users want a one-stop shop—or all-in-one solution—for their business needs. Katie DeBord, partner and Chief Innovation Officer at Bryan Cave, summed it up nicely: “You need to make the technology really easy for people to understand and work with. Right now, I think it feels to lawyers like there’s a lot of fragmented technology out there. What the lawyers need is something consolidated—something they can just turn on and that has a good user interface, so they can see right away, ‘Okay, this will actually help me practice.’” Why would your clients’ experience be any different? Seamless interactions translate into technology that follows the KISS (Keep It Super Simple) principle. A practice management system has to be accessible for clients, and all systems must operate with just one login or portal. 4. Collaboration Plenty of lawyers worry that technology will take their jobs. There is an ongoing debate about whether the robot will replace the lawyer. My opinion is that some routine tasks can be eliminated or streamlined with software, but, ultimately, the professional judgment and human element will need to

continue. We will not build good solutions, however, until the technologists, lawyers and customers all work together. Kate White described the collaborative approach that is needed: “How can outside counsel partner with [clients] and help bring those technology solutions to them and collaborate in building a better way to handle that work? There’s so much potential in just seeing the tech folks, the outside firms and the in-house counsel really partner to bring all that knowledge together and build new solutions.” And, as Katie DeBord noted: “Once we get lawyers understanding how technology can augment their practice, and we start all speaking the same language, a lot of the other pain points can be rectified.” n Mary Juetten is founder and CEO of Traklight, and has dedicated her more-than-30-year career to helping businesses achieve and protect their success. In 2015, Mary co-founded Evolve Law, an organization for change and technology adoption in the law. She was named to the ABA’s Legal Technology Resource Center 2016 Women in Legal Tech list and the Fastcase 50 Class of 2016. She serves on the Group Legal Services Association Board. Follow her on Twitter @maryjuetten and find her new book, Small Law KPIs: How to Measure Your Way to Greater Profits. Previously published in Attorney at Work.

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Attorney Journal Orange County | Volume 134, 2017 11

COMMUNITY news n Pamela Liosi, attorney at Traut Firm, has received the honor of being selected to receive the 2017 Angelo Palmieri Award for Civility. The award is given each year to the attorney who maintains the legal profession’s highest tradition of excellence, professionalism, ethics and civility in the practice of law by the Robert A. Banyard Inn of Court.

PAMELA LIOSI

n Friedman Stroffe & Gerard, P.C., a leading transactional and litigation law firm based in Irvine, has once again been selected by the Orange County Business Journal for its annual list of the top law firms in Orange County. The list is compiled by Orange County Business Journal staff through surveys distributed to and completed by local law JAMES D. STROFFE firms. Over 1,000 law firms, comprising over 16,000 attorneys, operate in Orange County, so ranking in the Top 100 is prestigious. “We’re pleased to be recognized again by the Orange County Business Journal as one of the top law firms in Orange County,” says James D. Stroffe, managing partner. “We represent a broad spectrum of domestic and foreign clients, from corporations listed on national and regional stock exchanges to family-owned businesses and individuals—and we thank all of them for their support, which has allowed FSG to achieve this recognition. At FSG, we understand that our job is to support our clients in achieving their objectives in an efficient and cost-effective manner; this award proves that our approach works.”

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 134, 2017

n Snell & Wilmer is pleased to announce that Mark Foster, counsel in the firm’s Orange County office, has joined the board of directors of Court Appointed Special Advocates (CASA) of Orange County, a privately funded non-profit organization that serves severely abused, neglected and abandoned MARK FOSTER children through the recruitment, training and continued support of volunteers who advocate and mentor these children, representing their best interests in the courtroom and other settings. CASA of Orange County was founded in 1985, with major support from the Junior League of Orange County, and they annually serve approximately 750 of the children who move through our court system as a direct cause of abuse and neglect. At Snell & Wilmer, Foster concentrates his practice primarily on the representation of institutional owners, operators and developers, as well as financial institutions and investors focused on equity investments, joint venture formations, acquisitions and dispositions, leasing, real estate-related lending, and debt restructuring, workouts and reorganizations. Foster has been a member of the Facilities Committee of The Pegasus School since 2011, the Board of Directors of Obria Medical Clinics since 2004 and the Board of Directors of Andrei Olenicoff Memorial Foundation since 2005. n Celebrating 10 successful years of practice, Managing Partner Amir M. Kahana, Esq. of Kahana & Feld P.C. (formally Kahana Law), is pleased to announce he has added as name partner Jason Daniel Feld, Esq., expanding client offerings to include insurance defense and JASON DANIEL FELD, bolstering its construction defect ESQ. and real estate law practice. Feld brings 18 years of experience, with his practice focusing on defending homebuilders, contractors and developers in Arizona, Texas and California. He primarily chooses to represent smaller, family-owned and operated clients, providing the unique opportunity to also assist with overall best practices and risk prevention. In addition, Feld serves on several prominent insurance carrier panels, allowing him to cultivate valuable relationships with the builder and contractor community. A resident of Tustin Ranch, Feld received his juris doctor cum laude from Whittier Law School and a bachelor’s degree from University of Houston.

n The American College of Trial Lawyers (the College) has presented its Griffin Bell Award for Courageous Advocacy to criminal defense attorney Judy Clarke. The award honors trial lawyers who have persevered in the pursuit of an important cause despite substantial personal danger, fear, unpopularity, opposition or other extreme difficulties. The award is the highest honor conferred on a single individual by the College. In its 53 years of existence, the award has been extended previously only 14 times. According to the award committee’s nomination, Ms. Clarke’s cause is opposition to the death penalty. Ms. Clarke has represented some of the most notorious defendants in American history. They include Dzhokher Tsarnev, one of the two Boston Marathon bombers; Jared Loughner, the gunman who severely injured Congresswoman Gabrielle Giffords and killed six others; Eric Rudolph, the 1996 Olympic Park Bomber who bombed an abortion clinic in Birmingham, Alabama; Ted Kaczynski, the Unabomber; and Susan Smith, the mother who drowned her two sons in a lake.

JUDY CLARKE

n Anderson Reynard LLP is pleased to announce that William “Bill” Carey has joined the firm as a senior litigation attorney. The firm is committed to serving San Diego and Orange County’s Estate and Business planning needs. With the addition of Mr. Carey, the firm is expanding its ability to handle the WILLIAM “BILL” CAREY trust and probate litigation needs of the community Mr. Carey brings an extensive background in probate litigation experience. Bill helps families resolve conflict stemming from inheritance disputes. As blended/second families become “the new normal,” disputes over the transition of assets from one generation to the next become more and more common. Bill attended Miami University and graduated with a B.A. in English and received his law degree from Case Western Reserve University School of Law in Cleveland, Ohio.

Attorney Journal Orange County | Volume 134, 2017 13

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g n i n r Ea ” A “ n a Representing School and Community College Districts

For Four Decades, Parker & Covert LLP’s Specialized Service, Immediate Access to Experienced Attorneys, and Premium Work Product Has Earned Consistently High Marks by Jennifer Hadley

arker & Covert’s status as one of California’s premier Education Law Firms is well documented, from its history as one of the first law firms to specialize in education law, to its 39-year history as an industry leader. Indeed, the firm’s longevity and outstanding reputation have stood the test of time, as the result of the firm’s focus on their specialized practice, immediate accessibility to highly experienced attorneys, and the premium work products delivered to school and college clients. “Our niche is in representing school and community college districts throughout California,” says Managing Partner Douglas Yeoman, who comes from a family of teachers and education administrators, and joined the firm in 1988. “Our practice areas are very specialized in that we exclusively represent school and community college districts and the individuals that manage them. Our primary district contacts and clients are Superintendents, College Chancellors and Presidents, Assistant Superintendents of Human Resources and Business, and Special Education Professionals. On a

16 Attorney Journal Orange County | Volume 134, 2017

local level, we work with school site Principals and Assistant Principals,” he says.

Specialized Service One of the benefits of maintaining a narrow practice area focus, is that it ensures that the team at Parker & Covert is completely devoted to serving the needs of schools, which also reduces the likelihood that the firm will find conflicts of interest when cases are referred to them. Interestingly, the firm’s founders didn’t initially plan to specialize in representing school and community college districts. However, when Proposition 13 passed in 1978, founding partners Spencer E. Covert and Clayton H. Parker (deceased) were already well versed in providing counsel to schools and districts, and identified the increased demand for education law experts which arose as the result. “The passage of Proposition 13 resulted in dramatic funding cuts for education in California, and we found that few firms specialized in representing school and community

LAW FIRM

OF THE MONTH

2017 2014

Attorney Journal Orange County | Volume 124, 2016 17

Attorneys of Parker & Covert LLP (Stacy L. Toledo not pictured). college districts. Prior to that time, schools called the County Counsel’s office for advice,” says Covert. As it happened, he and Parker worked together in the Orange County Counsel’s office, where Parker was the chief assistant county counsel, or second-in-command of the office for more than a decade. For his part, Covert had always believed firmly in the power of public education. “My father was a school Superintendent in Orange County and my mother was the librarian at Fullerton High School. Deciding to pursue education law came naturally to me,” he says. Thus, after working alongside Parker, the two decided to focus their efforts on education law. “After Proposition 13 passed, education law became

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more complicated. It forced the school and community college districts to consult with outside counsel concerning everything from real property to civil rights issues,” Covert explains. Because it was one of the first firms of its kind in Southern California, Parker & Covert were at the forefront of significant developments in education law, from the firm’s inception. In fact, just three years after opening their doors, the firm drafted the first Communities Facilities District for a school district under the Mello-Roos Community Facilities Act. That same year, Parker & Covert successfully represented the Fullerton Joint Union High School District in a proceeding

that went all the way to the California Supreme Court. The published decision, Fullerton Joint Union High School District v. State Board of Education (1982) 32 Cal.3d 779, 187 Cal. Rptr. 398, reversed a neighboring district’s unification plan on various grounds. “In Fullerton, the important issue of “one person, one vote” was clearly before the Court because a majority of impacted voters were excluded from voting on the future of the Fullerton Joint Union High School District. In addition, there were also environmental consequences regarding the proposed reorganization. The Court’s decision affirmed the importance of voting as well as the requirement to consider environmental consequences,” recalls Covert. The firm had thus secured its place as a leading education law firm, with this and other successes, and they were only just getting started. By 1989, the firm had filed more than 150 lawsuits on school financing-related issues on behalf of school districts, and had established core areas of practice which the firm still focuses on today. As a full-service education law firm, Advisory Services, Employee Training, Litigation, Negotiations and Labor Relations, Special Education Law, Student Issues, Real Property, and Facilities and Finance are all well within the firm’s wheelhouse.

Immediate Access to Experienced Attorneys The attorneys at Parker & Covert who provide these muchneeded services, are all seasoned education law experts. They insist upon being accessible to clients. “When clients call us, we are there for them without delay,” says Yeoman. “Since our firm’s founding almost 40 years ago, we have always taken pride in providing our clients with same day responses and accessibility,” he adds. Moreover, clients needing help will find that they work directly with one of the firm’s eight partners, most who have more than 20 years of experience in the firm’s specialized practice areas. In addition to Covert and Yeoman, the firm’s six additional partners include Jonathan J. Mott, who has practiced education law since 1987, with numerous published cases including Park v. Anaheim Union High School District (9th Cir. 2006) 464 F.3d 1025, and Los Angeles Unified School District v. City of Los Angeles (1997) 58 Cal.App.4th 1019, 68 Cal.Rptr.2d 467. Partner Michael Y.M. Toy’s experience in education law began in 1984, and includes expertise in technical areas unique to school and community college districts, including Brown Act requirements, Public Records Act requirements, and legislative matters. He also focuses on the areas of public finance, elections, public works and facilities, construction litigation and real property acquisition and disposition.

Cynthia Yount, partner since 2000, joined the firm as an associate in 1989, and uses her experience and expertise to represent public school districts in the areas of special education, student discipline, and nonprofit foundation organization. She has been a regular presenter for the annual Orange County Administrators of Special Education, as well as the Orange County Special Education Alliance, California Association of School Business Officials, and California Consortium of Education Foundations. Yount has also presented to national audiences at National School Board Association and American Psychological Association conferences. Partner Steven Montanez had a career in Human Resources for 15 years before focusing his efforts in education law. An expert in student matters, such as discipline, residency, compulsory school attendance, grade change, challenges to pupil records, and complaints filed under the uniform complaint procedure, Montanez joined Parker & Covert in 1997. Michael T. Travis joined Parker & Covert in 2006 and has been partner since 2014. A frequent panelist, moderator, and author, he has trained public schools, community colleges, and universities regarding harassment prevention, workplace violence, sexual harassment, Title IX, and EEO issues. He has been named a “Rising Star” in Thomson Reuter’s Super Lawyers list of preeminent attorneys each year since 2013. Addison Covert, the firm’s Sacramento-based partner along with two Sacramento associate attorneys, are highly seasoned in bond law, and provide counsel to school districts on complex matters including financing for construction of school and administrative facilities, establishment of tax programs, state versus local responsibility for school finance, and guidance regarding the impact of changing California legislation on school finance and state funding levels. Parker & Covert’s team is rounded out by Associate Attorneys Kara R. Barnthouse and Maryela Martinez in the firm’s Tustin office. Meghan Covert Russell and Stacy L. Toledo are based in the Sacramento office. All attorneys at the firm are also highly active in the legal community, serving in countless roles for various professional associations, such as the Council of School Attorneys, Statewide Association Community Colleges Defense Counsel, California School Boards Association, Legal Advisory Committee to the CSBA Education Legal Alliance, Coalition for Adequate School Housing, NSBA Council of School Attorneys and California Council of School Attorneys. “Our attorneys are diligent, hard-working and focused on meeting clients’ needs often in the public eye,” says Yeoman. Moreover, because of the firm’s size, Yeoman says that they are able to minimize overhead, all the while maintaining competitive rates, which is clearly an advantage for clients.

Attorney Journal Orange County | Volume 134, 2017 19

Premium Work Products Specialization, responsiveness, and expertise are certainly the hallmarks of a premier firm, but the true value in services provided to Parker & Covert’s clients lies in the premium work product they have consistently provided to clients over the years. Some of the more visible cases they’ve succeeded in include AFSCME, Local 3112 v. Anaheim Union High School District (2016) PERB Decision No. 2504 [41 PERC 80] in which the American Federation of State, County and Municipal Employees (AFSCME) filed an unfair practice charge alleging that the Anaheim Union High School District unlawfully conditioned an agreement and/or insisted upon impasse in negotiations for a successor collective bargaining agreement, including that AFSCME agree to certain concessions in return for the District’s promise to lay off a so-called “short list” of employees instead of a more extensive “long list.” The District was faced with layoffs as a result of an $11 million budget shortfall. PERB upheld the ALJ’s decision dismissing all allegations in AFSCME's complaint and the underlying unfair practice charge. Likewise, in California School Employees Association v. Torrance Unified School District (2010) 182 Cal.App.4th 1040 [106 Cal.Rptr.3d 375] the California School Employees Association (CSEA) sought a petition for writ of mandate against the Torrance Unified School District contending that the District violated Education Code section 45203 by failing to pay regular wages to classified employees who did not work on staff development student-free days. The Superior Court denied the writ and the Court of Appeal upheld that denial, holding that staff development studentfree days were not included in the provision of section 45203 requiring payment to classified employees for school days when pupils would otherwise be in attendance. The classified employees who did not work on staff development studentfree days were therefore not entitled to be paid regular wages for those days pursuant to section 45203. These and many

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others result in an impressive roster of published cases in which Parker & Covert’s attorneys have prevailed for clients. But to hear Yeoman tell it, providing premium results for clients in need is much more than just a job for the attorneys at Parker & Covert. It is also their passion. “We work to ensure adequate education,” he says. “Our clients are focused on what is in the best interest of students. It is very rewarding, because we are helping kids, and working together for the greater good. Our clients’ hearts are in the right place,” he adds. In addition, he says that the quality of life afforded to attorneys at Parker & Covert doesn’t hurt when it comes to offering lawyers a bit of balance. “It says a lot that many of us have all worked together for years. The fact that most of our clients aren’t working Saturdays and Sundays, and our attorneys can have a life outside of work, keeps us excited about our work,” he says. Furthermore, the camaraderie at Parker & Covert ensures that the team is able to accomplish their mission of “providing prompt, high-quality legal advice,” Yeoman says. If the past is any indication of what’s to come, we can expect Parker & Covert to be a permanent fixture in the education law landscape, and that’s precisely what Yeoman says the firm intends to do. Over the coming years, he expects the firm to grow modestly commensurate with demand, while ensuring that the firm maintains their reputation for excellence, by offering immediate access to experienced attorneys, providing premium service, and delivering exceptional results for California school and community college district clients. n Contact Douglas Yeoman 17862 E. Seventeenth St., Suite 204 Tustin, CA 92780 dyeoman@parkercovert.com www.parkercovert.com 714-573-0900

California Case Summaries ADR™ Organized Succinct ADR Summaries by Monty A. McIntyre, Esq.

Monty A. McIntyre is a full-time mediator, arbitrator and referee at ADR Service, Inc. who has been practicing law in California since 1980. For ADR scheduling please contact Kelsey Hannah at ADR Services, Inc. at 619-233-1323 or kelsey@adrservices.org

CALIFORNIA SUPREME COURT Arbitration

CALIFORNIA COURTS OF APPEAL

McGill v. Citibank (2017) _ Cal.5th _, 2017 WL 1279700: In a class action alleging claims under the Consumers Legal Remedies Act (CLRA; Civ. Code, § 1750 et seq.), the unfair competition law (UCL; Bus. & Prof. Code, § 17200 et seq.), the false advertising law and the Insurance Code arising from a credit card agreement, the California Supreme Court reversed the Court of Appeal ruling ordering the trial court to order all of plaintiff’s claims to arbitration. The California Supreme Court ruled that a provision in a predispute arbitration agreement that waived the right to seek the statutory remedy of injunctive relief under the CLRA, UCL and the false advertising law was contrary to California public policy and thus was unenforceable under California law. The Supreme Court further held that the Federal Arbitration Act did not preempt this rule of California law or require enforcement of the waiver provision. The Court of Appeal’s judgment was reversed and the matter was remanded for further proceedings consistent with the opinion. (April 6, 2017.)

Civil Code (Indemnity)

Attorney Fees

Quiles v. Parent (2017) _ Cal.App.5th _, 2017 WL 1130936: The Court of Appeal granted a writ of supersedeas staying the enforcement of the costs portion of a judgment pending appeal where no bond had been filed for the appeal. Plaintiff obtained a jury verdict awarding her $383,500 in damages for wrongful termination. The trial court conditionally granted a motion for new trial, which plaintiff accepted, reducing the judgment to $208,500. The trial court later awarded plaintiff attorney fees of $689,310.04 and costs of $50,591.69. Defendant then paid the total damages and interest owing, leaving only the attorney fees and costs unpaid. Defendant appealed the fees and costs without filing a bond, and plaintiff sought to execute because no bond had been filed by defendant. The trial court denied defendant’s motion to stay execution. The Court of Appeal ruled the costs and attorney fees were awarded as costs under Code of Civil Procedure section 1021 et seq., and therefore no undertaking was required to stay execution of the judgment pending the appeal. (Code of Civil Procedure section 917.1(d).) (C.A. 4th, March 27, 2017.)

DisputeSuite.com v. ScoreInc.com (2017) _ Cal.5th _, 2017 WL 1279701: The California Supreme Court affirmed the trial court's finding that defendants were not prevailing parties for purposes of an attorney fee award under Civil Code section 1717, even though they successfully obtained a dismissal from a California court on the ground that the agreement at issue contained a forum selection clause specifying the courts of another jurisdiction. The Supreme Court ruled that, under the circumstances of the case, where action had already been refiled in the chosen jurisdiction and the parties’ substantive disputes remained unresolved, the trial court reasonably concluded that neither party had yet achieved its litigation objectives to an extent warranting an award of fees. (April 6, 2017.)

Consumer Protection McGill v. Citibank (2017) _ Cal.5th _, 2017 WL 1279700: See summary above under Arbitration.

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Oltmans Construction v. Bayside Interiors (2017) _ Cal.App.5th _, 2017 WL 1179391: The Court of Appeal reversed the trial court’s summary judgment for a subcontractor regarding a contractor’s claim for indemnity, but dismissed the appeal because the parties had settled the case. The subcontractor agreed to indemnify a general contractor for injury claims arising out of the scope of the subcontractor’s work “except to the extent the claims arise out of, pertain to, or relate to the active negligence or willful misconduct” of the general contractor. The trial court erred in finding that this provision, and California Civil Code section 2782.05, precluded the general contractor from recovering any indemnity if its active negligence contributed to the injury. The Court of Appeal ruled that the written agreement and section 2782.05 instead limited the recoverable indemnity to the portion of liability attributable to the negligence of others. (C.A. 1st, March 30, 2017.)

Civil Procedure (Bonds on Appeal)

Keller/Anderle LLP BUSINESS TRIAL LAWYERS

A Time to ACT New nonprofit fights back against the unethical practice of dual-agency brokerage. by Jason Hughes

A glaring and dubious conflict of interest has long been rampant in the world of commercial real estate. This practice known as “dual agency” describes a brokerage firm that represents both landlords and tenants in the same negotiation. It should be obvious to a first-year law student— or even someone with just a passing knowledge of law—that those two parties have opposing interests. Unfortunately for most tenants, most commercial real estate brokerages primarily represent landlords. That makes buyers second-class citizens in negotiations. Adding to the frustration for tenants are international organizations such as the Building Owners and Managers Association (BOMA), which have broad reach and help stack the deck against tenants. What recourse do representatives of tenants/buyers have? For starters, there’s a new nonprofit association ready to fight for the underdogs in this equation. The Association for Commercial Tenants (ACT) was specifically created to provide educational support, legislative guidance and industry unification. ACT stands in opposition to the inherent conflict of interest created by dual-agency brokerage, and is striving to even the playing field. Many would say it’s about time. Here, then, is a look at the history of this unfair relationship, the unveiling of a ray of hope for those on the wrong end of landlord-tenant negotiations, and a rundown on the weapons tenants now have to fight back.

The Opening ACT Landlords own buildings and tenants rent space in those buildings to operate their businesses. Tenants represent all kinds of businesses—law firms, supply companies, bio-techs, pharmaceutical start-ups and so on. Some companies own the buildings they occupy; some rent to save upfront capital that can be used to later grow the business. Commercial brokerage was created more than a century ago, and it began as a way to help landlords sell and lease properties. It was only later that tenant representation became part of the industry. BOMA came along and helped create a huge support system for landlords and their professionals. This union-like organization aggregated the voice of landlords, and gave a boost to a group that already had an unfair advantage. 24 Attorney Journal Orange County | Volume 134, 2017

Rental dollars paid for the industry to flourish. Holding all the cards, landlords were then able to manipulate the system to unfair advantage. For example, over the past two decades there’s the all too common example of buildings magically growing in size. How is that possible? Building owners have found ways to get architects to be creative in their square-foot measuring guidelines. A space that was 100,000 square feet 20 years ago may suddenly be listed at 110,000 square feet today. Artificially growing the space means that the price can be bumped up. The building hasn’t gotten any bigger—but the interior spaces that are added to the measurement equation somehow grow, to the delight of owners. These are the kinds of practices that can be installed when a group is backed by money and clout. Tenants, on the other hand, have long treated office space as a “need-to-have” expense. For tenants, leasing space is not their expertise. Therefore, they continually get taken advantage of—legally, economically and flexibility-wise. Buyers have long had no bargaining power, no voice, and no super hero standing up for them (except for a few tenantrepresentation companies that exclusively work for tenants in lease and purchase transactions). Now one of the leading providers of exclusive tenant representation has created an organization to be the counterbalance to BOMA—a group whose members today represent 10.5 billion square feet of property in the United States. The goal of ACT is to bring tenants the bargaining power, voice and protection that they deserve.

Why ACT Now? After 25 years of providing award-winning professional service in commercial real estate brokerage and serving as a pioneer in the industry that exclusively represents tenants, my wife (COO of Hughes Marino) Shay Hughes and I founded ACT. Our mission is to expose landlords and other organizations that take advantage of commercial tenants, and shine a light on the dark corners of commercial real estate. Shay and I own and operate commercial real estate firm Hughes Marino—a nationally recognized, 100-percentfamily-owned business headquartered in San Diego. With offices up and down the West Coast, Hughes Marino has partners that span across the country and around the globe.

Commercial real estate tenants need and deserve an organization that is empowered to stand up for their rights. BOMA wields tremendous influence, monitors and lobbies legislative issues and publishes codes and standards on building measurements and other industry issues. ACT gives tenants a seat at the table and a voice to demand truth, justice and fairness. Prior to founding ACT, I have personally taken on an active role in changing the industry. In 2014, I was responsible for getting California’s legislature and Gov. Jerry Brown to sign Senate Bill 1171 into law. Dubbed the Dual Agency Disclosure Law, it went into effect in January 2015. It was a small step toward overall transparency in commercial real estate brokerage disclosure, and a large victory for tenants. Following that passage, in December 2016, California’s State Supreme Court upheld an Appellate Court ruling (Horiike v. Coldwell Banker) stating that dual agents have an inherent conflict of interest—and also encouraged Sacramento to modify the laws on dual agency in the state. Our goal now is to make dual agency illegal in California— and across the United States.

Examples of common lease discrepancies that ACT can provide information on include: base year expenses; operating expense reconciliation; capital expenses versus recoverable expenses; measurement of space; landlord relocation provisions; damage and destruction provisions; subleasing and assignment provisions; option to renew, contract, expand provisions; and parking expenses and double dipping with building expenses. Coming soon, there are plans in the works for an ACT annual meeting, where members can participate in educational sessions with commercial real estate experts, as well as network with like-minded peers. If you want to be a part of helping balance the scales of an injustice, ACT now. n Jason Hughes is president, CEO, and owner of Hughes Marino. Jason began his commercial real estate career in the 1980s working for Cushman & Wakefield in the Century City area of Los Angeles. He later moved to San Diego where he has represented corporate, non-profit and municipal tenants in their lease and purchase negotiations for nearly thirty nears. For more information about ACT, or to find out about how to join, visit actrealestate.org, or email info@actrealestate.org.

Benefits of ACTion Who can join ACT? Any company, or representative of a business or firm, that engages in the act of renting commercial office space. One of ACTS’s major functions is to create awareness and propose legislation regarding the conflict of interest within dual-representation agencies. By becoming a member of ACT, companies are gaining strength in numbers. How? By uniting together with other tenants who negotiate with powerful landlords. ACT is a nonprofit, and not a union, but members realize economic benefits in the same way any interest group with a shared interest bands together and stands united for a common cause. Members have access to educational content, are frequently updated on codes, standards and practices, and can enter into transactions with the peace of mind knowing they are supported by unified clout. Another benefit: ACT is revolutionizing the landlordtenant relationship by creating a private registry of landlords that includes ratings by member companies. The nonprofit’s members can rate landlords on a scale that will note if certain entities are blacklisted for unacceptable business practices. The ACT team is available by telephone or email, and delivers monthly bulletins to members, annual white papers on industry standards and updates on legislative and legal matters. Attorney Journal Orange County | Volume 134, 2017 25

Five Tips on Hiring an SEO Firm For Your Law Practice by Josh Gerben

hile there are infinite ways to spend money marketing your law firm, only some will deliver the right return on investment. In my experience, especially in today’s digital marketing environment, working with the right search engine optimization (SEO) provider is still one of the best investments a small firm can make. When I opened my law firm in 2008, I did so with exactly zero clients. Since then, thanks in large part to my SEO and search engine marketing (SEM) efforts, I’ve represented more than 4,000 clients. Here are five tips to give you a head start choosing the right people to help you, too.

How to NOT Blow Your Search Marketing Budget By following these guidelines, you’ll avoid many of the costliest, yet common, search marketing pitfalls.

1. Work with the right size provider for your practice. As the owner of a boutique (i.e., small) law firm, I’ve found that working with a boutique (i.e., small) SEO firm is best. The first one I hired was a large Silicon Valley firm. Even though our $30,000 annual budget was (and still is!) a lot of money for me, it quickly became clear that we were not a priority for them. The next provider I hired—one with less than 10 employees— found my business much more valuable. Are there downsides to hiring a small SEO firm? Certainly. They simply don’t have the same resources as larger firms. That said, really good lawyers who practice in boutique firms are true experts in their field and sought out by clients—and the same goes for a good boutique SEO firm. 26 Attorney Journal Orange County | Volume 134, 2017

2. Set clear campaign goals (and be patient). As Google’s algorithm has gotten smarter, ranking well for competitive keywords in organic search has required a lot more work. It is so hard that many SEO firms refuse to commit to trying to rank your business for specific keywords. Hard, however, doesn’t mean impossible—and the payoff is worth the effort. A true SEO pro understands that organic search rankings are a huge part of any well-rounded SEO strategy, and knows how to identify and optimize site keywords to improve your rank, driving targeted traffic to your site and generating a much greater ROI for your SEO budget. If a provider won’t discuss its plan for helping your firm rank well for a specific keyword set, find another provider. Do not be lured in, though, by SEO firms with “too good to be true” offers that promise to boost your site to the top of organic search results in a few days, weeks or months. To do this would require manipulating the search engine rankings in a way that is likely to get your site blacklisted. A good SEO campaign easily takes 12 to 24 months to develop before you begin seeing any real ROI. Patience is important.

3. Determine their deliverables and your approval process. Once you’ve determined your campaign’s goals, work with your SEO team to identify deliverables. There are typically three types: • On-site – Working on your website to improve code and internal linking • On-site – Developing content for your website • Off-site – Obtaining links from other reputable websites back to your site

You want to know how much time the SEO firm will spend on each task, and understand the amount of work that will be accomplished, so you can ensure you’re getting enough value for what you’re spending. For example, how much content will be developed? How many links will be obtained, and from where? (See No. 5.) Watch out for an SEO firm that tells you “content is king,” claiming that if you produce good content, people will naturally link to your site. They’re really saying there’s no need for them to actively go out and get you links. If you hear that, consider it an “alternative fact.” In reality, it is rare for someone else to link to a lawyer’s site simply because the content is so good. Most law firm SEO campaigns need effective link-building efforts on top of producing on-site content. Link building is hard work, and only truly professional SEO firms will commit to delivering quality external links to your site.

4. Set up proper tracking. One of my business mentors always tells me, “You only get what you inspect, not what you expect.” Make sure tracking software is installed on your website so you can track the calls and contact forms that are generated from your SEO campaigns. And if you don’t already have a Google Analytics account, make sure your SEO firm helps you set it up. Google Analytics is the gold standard when it comes to viewing and analyzing traffic to your website. Understanding how to read the data it provides will ensure you can keep a careful eye on the value you are getting out of your SEO investment.

5. Keep legal marketing ethics in mind. Most SEO firms are run by people who work in the cutthroat world of internet marketing. They won’t necessarily be aware of all the fine lines a lawyer must walk when advertising a law firm’s services. It’s up to you to keep on top of the ethics rules and guidelines that govern legal marketing. • Educate your SEO firm on the importance of ethical considerations in legal marketing. • Always review the content produced by the SEO firm before it goes live on your website. • Make sure your SEO firm knows it must have your approval before embarking on any new initiative. When done well, search engine marketing can be a huge boost to your lead generation efforts and your firm’s bottom line. Choose a provider that’s the right size and fit for your law practice, then lay out clear goals and deliverables. Get your software in place to gather data, and always make sure your SEO team is aware of the ethics rules surrounding legal marketing. n Josh Gerben is the founder of the Gerben Law Firm, PLLC. He is a U.S. trademark attorney who has represented clients in more than 5,000 trademark filings. Featured in a variety of national news outlets including FOX News, NPR and The Wall Street Journal, Gerben Law Firm was named one of 2016’s Top 10 trademark filers in the U.S. by World Trademark Review. Follow him @JoshGerben. Previously published in Attorney at Work.

Attorney Journal Orange County | Volume 134, 2017 27

Ways to Find Fresh Content Ideas for Your Blog and Social Media by Corrie Benfield

“Make me think, make me laugh, inspire me, teach me something new, and I’ll remember you when it comes time to buy.” This is one of the top mantras for content marketers as they dream up new ways to reach and engage potential clients. As a lawyer, it can be difficult to continually crank out fresh content for your firm’s blog or social media. That’s especially true when you’re creating content to share with an audience who might not need your services right now—but they could in the future. So if you are suffering from writer’s block and need some new ideas, just think through these categories and see what comes to mind:

Make Me Think Attorneys tend to stay on top of the latest trends and technologies that affect their practice areas. That’s because savvy legal minds want to predict how these trends could affect their clients down the line. Well, your clients are probably interested in knowing that, too. Feel free to share your predictions, and get conversations started about what the future holds. For example: • Are apps from insurance companies convenient, or do they collect information that could be used against you? • Could a person’s employee badge or work vehicle be used to illegally track his or her movements? • With the rise of telemedicine, should we expect a rise in medical errors? Particularly for technology that is expected to be popular, a legal analysis of the potential risks and pitfalls can appeal to a wide variety of people.

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Make Me Laugh Sure, the cases you handle are no laughing matter, but that doesn’t mean you don’t have a sense of humor. Add some variety to the content you’re sharing by getting creative and making people chuckle. For inspiration, consider turning to the things that entertain you, and then giving your take on them. For example: • In the last Batman movie, was there a chase scene where the Dark Knight was driving recklessly and racking up thousands of dollars in property damage? • As a character in “The Walking Dead,” how would a lawyer handle negotiations with the bat-wielding Negan and his henchmen? • In last night’s episode of “Grey’s Anatomy,” was there a patient who could have filed a medical malpractice claim because the doctors were so caught up in their personal drama that they made a mistake? Television and movies provide endless fodder for content ideas, and sharing your interest in them gives you an opportunity to show off your personality. It also opens a door for you to connect with your audience and provide a unique perspective on a trending topic.

Inspire Me As you know, there is no shortage of inspirational quotes being shared on social media these days. And who doesn’t love a story that makes them feel all warm and fuzzy inside? It’s simple: People want to be inspired. So inspire them. Consider these ideas: • Do you have a client who was on the verge of losing everything but never gave up and eventually got his or her life back after an accident? Would he or she be willing to share that story?

• Have you met a caregiver who goes above and beyond in advocating for their injured or disabled loved one?

week legal definition on social media (through an eye-catching graphic, of course).

• Do you volunteer with an organization that does inspirational work in the community?

Need More Ideas?

Of course, you can also share your own favorite inspirational quotes by turning them into simple social media graphics with programs such as Canva or Adobe Spark.

Teach Me Something New You probably know that many people weigh the option of handling a case themselves rather than hiring an attorney. You also know that’s not the best idea in many cases. Although you don’t want to encourage the DIY legal crowd, you can share some insights that help establish your firm as a trusted resource for legal advice. For example: • What are the common myths people have about your practice area? (Maybe you can start a legal mythbusters series of articles.) • What would you tell potential clients about how their social media presence may factor into a legal battle? • Could you help explain the everyday implications of a complicated new law that's in the works? Your “teaching moments” don't always have to be long-form narratives. They can be as simple as sharing a word-of-the-

You can never go wrong by combing through your frequently asked questions and expanding on a topic that your clients want to know more about. If you’ve already gone through all your FAQs, consider using tools such as AnswerThePublic.com, Buzzsumo or Alltop, to see what people are searching, what’s trending, and for ideas related to a specific topic. There are also numerous sites that can help get your creative juices flowing, and help you generate a blog post title like HubSpot’s Blog Topic Generator, and Portent’s Content Idea Generator. In the end, you want your blogs and social media posts to be useful and contribute to your overarching brand marketing plan. Because even if your audience isn’t searching for a lawyer right now, you do want them to remember you when they are. n Corrie Benfield brings a deep background in journalism and legal writing to her role as a Web Content Editor with Consultwebs, where she edits and writes a wide array of content that is search engine-optimized and informative to those in need of legal help. For more information visit Consultwebs.com.

Attorney Journal Orange County | Volume 134, 2017 29

Chaos is King, Until it’s Not

A Solo’s Guide to Order by Evan Walker

haos sounds the death knell for any solo attorney’s practice. It breeds confusion, distraction, and disorder. Unfortunately, for most solos, chaos is the natural state of affairs. The reason is simple: The practice of law consists of many moving parts at all times, each of which is dynamic and contingent. Take a simple example from my practice: a car accident. The people involved include the client, the injured party, and the defendant, the responsible party. In addition, there are the client’s health-care providers and lienholders, and the defendant’s insurance company, which is represented by an adjuster. Easily, several people are involved in even the most straightforward personal injury case. If litigation is filed, the plaintiff and defense attorneys become involved. And every piece of paper sent between the parties is subject to a deadline once litigation is filed. Take that simple example and multiply it by 10 other cases, or by 20 other cases, even 30. Now chaos opens like a chasm.

How to Tame Chaos? Implement Order Here is the system I use to implement order in my solo law practice. Emails. Dozens of emails arrive hourly, flooding my inbox with requests, denials, information, questions, answers and updates. Even a cursory glance at my inbox leaves me restive. Here are the actions I take to implement order: • I unsubscribe to any nonessential emails (e.g., social media notifications, company discounts, concert listings, online sales). • I check my emails at set times throughout the day—starting when I arrive at the office, never immediately after waking up and grabbing my iPhone. • When I check my inbox, I scan for important or timesensitive emails and address those first; the remaining emails are then placed within specific client folders. • After I reduce my inbox to zero, I close it and work on other matters until my next set time occurs. • I repeat this process four to seven times a day. Paper. My office is paperless, which is a tremendously helpful way to maintain order. I do not have to shuffle through reams of paper searching for that elusive document. I can locate it within seconds by performing a search on my computer. Here is what I do with all the paper coming into my office: • When I receive the mail each day, I scan each document into

30 Attorney Journal Orange County | Volume 134, 2017

my ScanSnap iX500, the perfect scanner for a solo. (It sits on my desk next to my computer.) • I date each document and place it into the appropriate electronic client file. • I take all scanned paper and shred it. Client files. Each client has a client file. Every client file is stored on Dropbox Pro (now Plus), which encrypts it. Currently, I have no reason to distrust the security and encryption offered by Dropbox Pro. Even so, every client fee agreement contains a paragraph stating that the client “acknowledges that there may be risks, including related to confidentiality and security, in using cloud services and email.” All client files are organized the same way. Every client file includes a master document labeled “notes” created in Microsoft Word. All contact information, research conversations, costs, dates, tasks and other relevant matters are contained in that master document. When I open it, I can identify all persons involved, review all research and conversations, tabulate costs incurred, and learn all past and upcoming dates. Most importantly, I can quickly see what needs to be done. For example, when I place an email into a client folder, I also put a memo in the note document to read that email. I do the same thing for mail received. So when I open the master document, I know within seconds that I need to read certain emails and mail. Then I do it, along with other tasks listed. Case status. Every Sunday, I review my cases by opening their “notes.” From there I see what tasks I need to do for the week. I also learn the current status of the case. At that point, I plan my workweek based on completing the most important tasks for that week—for example, attend a deposition or court hearing, answer discovery, respond to an email or letter, research an issue. “Good Order is the Foundation of All Things” – Edmund Burke Of course, this is an imperfect process. And even then, I fail to follow it exactly. But I’ve found that this process allows me to sustain some order over an inherently chaotic practice. n Evan Walker is the founder of The Law Office of Evan W. Walker in La Jolla, CA, where he practices personal injury claims and insurance disputes. Before opening his practice in 2015, he practiced in-house with Travelers’ Insurance. Evan received his J.D. from Loyola University New Orleans College of Law in 2008. Follow him on Twitter @evanwwalker and on LinkedIn. Previously published in Attorney at Work.

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