Attorney Journal, Orange County, Volume 146

ORANGE COUNTY

Volume 146, 2018 $6.95

10 Ways to Habitually Market for New Business

Susan Duncan

20 Frustrating Things Lawyers Do While Delegating

Dina Eisenberg

Want to Get More Done?

Think Big and Act Small

19 Steps to Building a Regional or National Law Practice

Trey Ryder

Jay Harrington

How to Deal With Underperforming Lawyers

Eric Dewey

20 Traits of the 100%Capable Rainmaker

Mike O’Horo

Attorney of the Month

Gerald A. Maggio, In Your Corner

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2018 EDITION—NO.146

TABLE OF CONTENTS 6 Want to Get More Done?

Think Big and Act Small

by Jay Harrington

8 Twenty Traits of the 100%-Capable Rainmaker

by Mike O’Horo

10 Ten Ways to Habitually Market for New Business

by Susan Duncan EXECUTIVE PUBLISHER Brian Topor

8 12 Community News

EDITOR Wendy Price

14 How to Deal With Underperforming Lawyers

CREATIVE SERVICES Skidmutro Creative Partners

by Eric Dewey

CIRCULATION Angela Watson

ATTORNEY OF THE MONTH

PHOTOGRAPHY Chris Griffiths STAFF WRITERS Dan Baldwin Jennifer Hadley CONTRIBUTING EDITORIALISTS Jay Harrington Eric Dewey Susan Duncan Mike O’Horo Dina Eisenberg Trey Ryder 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.

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16 Gerald A. Maggio, The Maggio Law Firm, Inc., Irvine In Your Corner

by Dan Baldwin

24 Twenty Frustrating Things Lawyers Do While Delegating

by Dina Eisenberg

28 Nineteen Steps to Building a Regional or National Law Practice

by Trey Ryder

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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.

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awyers work hard. It’s what they do. The good news is that hard work can be deeply satisfying. It feels good to do a job well done. Accomplishment gives us meaning. Hopefully this resonates, because it’s a feeling you’ve experienced before.

But it’s not just me making this assertion about the connection between hard work and happiness—academic research backs it up.

In the early 1980s, well-known psychologist Mihaly Csikszentmihalyi conducted a series of studies meant to understand the psychological impact of common behaviors we engage in every day. One of the major insights of his work was to show that depth generates meaning. He found that people are actually happier doing deep work than they are relaxing.

Based on his findings he concluded: “The best moments usually occur when a person’s body or mind is stretched to its limits in a voluntary effort to accomplish something difficult or worthwhile.” Csikszentmihalyi popularized the term “flow state” that is used to describe the effortless feeling experienced by high achievers—from authors to athletes—operating at peak performance during periods of hard work.

It’s called “hard” work for a reason. Any time you’re trying to learn a new skill, or attempting to build something worthwhile, it’s hard. Most of us start enjoying something only after we get good at it. And it takes practice and hard work to get good.

Take playing the guitar, for example. Practicing guitar is painful (physically and emotionally) and frustrating for several months until enough work has been put in to build up calluses and learn the basics. Once someone earns their calluses and their skills improve, however, guitar starts to become fun and satisfying.

Resilience is built up during the painful periods of any worthy endeavor and serves as a bridge to the other side. If you want to do something that’s satisfying, most times you have to do it when it’s not.

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Attorney Journal Orange County | Volume 146, 2018

I’m convinced that one of the reasons career dissatisfaction is so high among associate attorneys is that we don’t do a good enough job of explaining to them that things get better over time as they get better and build confidence. Passion for a career is cultivated and hard won over time. Getting really good at something is the first step toward becoming passionate about it.

Perhaps a young man who’s struggling wasn’t “meant” to become a lawyer in the purest sense, but he can grow and derive meaning from his career over time as his competence grows. Practice is a precursor to passion.

The point is that the type of intense work that leads to high achievement is not only remunerative, it can be psychologically rewarding as well. In light of work’s holistic benefits, it therefore makes sense to work in the most productive manner possible in order to realize the greatest benefits. What follows is my take on how to get more—and more important—things done in less time.

I’ll start with an overarching argument, which is that the best way to tackle something big and important is to: Minimize as many distractions as possible in order to create space and time to work intensely and consistently on one’s most important priorities.

Notice that this formulation consists of three elements which can be summarized and categorized as follows: (1) minimize distractions, (2) do intense, consistent work, and (3) establish important priorities.

MINIMIZE DISTRACTIONS When he was CEO of Microsoft, Bill Gates would disconnect twice a year for off-site “Think Weeks” during which he would do nothing but read and think deeply. In 1845, Henry David Thoreau headed to the woods for two years to write his master work, Walden. George Orwell fled the hustle and bustle of London and escaped to a remote house on the small island of Jura off the coast of Scotland to write 1984. He described his writing

sanctuary as “extremely un-get-atable.” After his standout 2014 season, All Pro defensive lineman J.J. Watt of the NFL’s Houston Texans bought a minimalist cabin in a remote area of northern Wisconsin in order to isolate himself during the offseason while upping his training regimen.

Now, as a busy lawyer, I’m not suggesting that you can or should head off to a remote location in order live and work monastically, but in order to consistently produce valuable work, you do need to find ways to minimize distractions in your day.

Distractions come in many forms. At the office: relentless email; mind-numbing, soul-sucking meetings; chatty colleagues; LinkedIn; phone calls; the window washing guy outside your office. At home: the kids; the dog; heaps of laundry; dirty dishes; television; Facebook; the comfy couch.

Ever go on the Internet just to check out “one thing” and emerge from a daze twenty minutes later wondering what the heck just happened? You get the idea. In fact, that “minute or two” you intend to spend online checking Facebook is costing you much more.

According to a study conducted by Gloria Mark, who studies digital distraction at the University of California, Irvine, it takes an average of 23 minutes and 15 seconds for us to return to our original task after an interruption. Do the math on that during the course of an 8-hour day, and you’ll see why interruptions aren’t some trifling annoyance—they’re productivity killers.

To avoid the “work, distraction, work, distraction” cycle that leads to unproductive days, you need to set firm boundaries—for yourself and others. You need to create a work environment that fosters the type of focused work required to achieve big things.

INTENSE, CONSISTENT WORK Thinking big is expansive thinking. Thinking small is restrictive thinking. Thinking big is all about possibilities. Thinking small is all about limitations. Have big dreams? You need to think big.

However, the size of our dreams is what often stops us from pursuing them. The task ahead seems so momentous that we don’t even start. We assume we need long blocks of uninterrupted time to make progress, and because we’re busy and don’t have long blocks of time, we just give up instead.

It’s okay—in fact, it’s necessary—to think big, and have big dreams, if you want to accomplish big things. But the way to get there is not by acting big—it’s by acting small. Success is sequential. It results from tackling lots of small things on a consistent basis, not trying to tackle everything at once.

Dominoes fall one at a time.

In practical terms, what this means is that it’s necessary to break big and unwieldy tasks into a bunch of small and manageable tasks, and then work intensely and consistently to accomplish each one. You’ve probably heard this one before because it’s timeless: How do you eat an elephant? One bite at a time.

ESTABLISH IMPORTANT PRIORITIES There’s never enough time in the day, and you probably can’t work longer hours—at home or at the office—than you already do, so it’s important to work smarter. No matter how skilled a manager you may be, it’s tough to manage through the chaos of a typical day without understanding the hierarchy of your priorities. In this sense, productive people—effective people— practice “time curation” as opposed to “time management.”

They discern. They pick and choose. They don’t multitask, they prioritize. And then they ruthlessly honor, defend and work in accordance with those priorities. In other words, when it comes to how they structure their days, they’re “essentialists.”

This is the central argument of Greg McKeown’s excellent book Essentialism: The Disciplined Pursuit of Less. It’s a book that espouses the importance of focusing on the most important, essential tasks on your plate. McKeown describes his methodology as the “disciplined pursuit of less.” At its core, essentialism is about setting priorities. According to McKeown: “Essentialism is not about how to get more things done; it’s about how to get the right things done.”

You can work hard, but hard work matters little if you’re working on the wrong thing. As Henry David Thoreau wrote: “It is not enough to be busy. So are the ants. The question is: What are we busy about?”

Before worrying about eliminating distractions and developing a deep work habit, the most important step in accomplishing big things is spending the necessary time to identify your most important priorities.

THINK BIG AND ACT SMALL Lawyers work hard to accomplish important things. But it’s not all of the big, bold things we do during our lives and careers that lead to success. It’s the small actions taken every day that make the difference and lead to compounding results over time.

Author and marketing guru Seth Godin wrote on his blog: “The thing is, incremental daily progress (negative or positive) is what actually causes transformation. A figurative drip, drip, drip.

Showing up, every single day, gaining in strength, organizing for the long haul, building connection, laying track– this subtle but difficult work is how culture changes.” It’s how lives and careers change too.

Clear goals. The right priorities. Small, consistent actions. This is the formula to leverage the power of progress in order to make big things happen. n Jay Harrington is an attorney, executive coach, author, and legal marketing consultant. He is the owner of Harrington Communications, an agency which helps lawyers and law firms build stronger brands and bigger books of business. His new book, The Essential Associate: Step Up, Stand Out, and Rise to the Top as a Young Lawyer, launched on April 3rd, and is available for purchase at www.TheEssentialAssociate.com

Attorney Journal Orange County | Volume 146, 2018

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20 Traits of the 100%-Capable Rainmaker

by Mike O’Horo

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hat does it take to be a great rainmaker, able to generate millions of dollars in business—each year, reliably? What’s actually involved in the rainmaking sausage? As with every great accomplishment, there’s much more than you can see.

Many lawyers, observing their rainmaker peers, likewise see only the most visible things they do versus the many skills they must master and deploy consistently. I guess it’s similar to the limited perception that green lawyers have about first-chair trial lawyers.

Here’s my description of the characteristics of a 100%-capable rainmaker:

lawyer’s personal technical participation beyond the degree that the seller deems strategically appropriate

 Avoids “pitching” behaviors in favor of helping buyers make informed, considered, self-interested decisions about problems of significance.

 Initiates operating changes demanded by clients, recognizing the value in being out front on trends.

 Possesses significant business acumen and awareness of the current business environment and influences.  Avoids “product-centrism,” i.e., an orientation to the merits of the firm’s service products, and the resulting inclination to pursue demand solely for one’s own technical specialty.  Bases conversations on Demand-Triggering business issues, i.e., problems for which there is objective, third-party evidence suggesting strategic, operational, or economic consequences of sufficient impact to require decision-making, action, and solution investment.  Cross-sells other’ services by learning from colleagues the dooropening business problems that drive demand for each service and asks clients if they face that problem.  Recognizes the existence of multiple stakeholders in this problem at different levels. Is adept at evincing their full complement of self-interest relative to the demand-triggering problem and facilitating a decision.  Conducts a disciplined investigation of the practical and economic consequences of inaction against the demand-triggering problem (Cost of Doing Nothing)  Elicits each stakeholder’s perception of the imputed or perceived ROI obtainable from successful solution. Uses declared ROI to motivate a decision, and to earn and maintain premium prices and margins.  Has mastered the process of Stakeholder Alignment leading to a reliable group decision.  Develops Professional Intimacy.  Earns the right to manage the matter. Develops business in a way that does not induce the client to default requiring the selling 8

Attorney Journal Orange County | Volume 146, 2018

 Anticipates success and plans for the future resource requirements of the larger practice that will result from successful business development.  Doesn’t wait for service-product obsolescence but anticipates product/price maturity and looks beyond today’s demand to prepare for a different future. Initiates discussions that cannibalize today’s declining-margin services in favor of initiating demand for future premium-priced services.

 Establishes a defensible, differentiated position in an organized market sub-sector containing growing companies with healthy profit margins. Aligns with decision-makers who recognize that only two out of the three elements of the “Value Holy Trinity” (Speed, Impact, Price) usually are available at any one time, and who value speed and impact over the other permutations.  Establishes valuable contributory roles that facilitate subordinate team members’ growth and institutionalize the client, thus avoiding the bottleneck of inordinate client contact having to flow through her.  Shares credit—and client responsibility—freely, to enable her to diversify her portfolio, and attract and retain key talent.  Maintains robust awareness by reading about key business trends, industries, and sectors, to the point that she is prepared to offer an informed, current, cogent opinion—extemporaneously, without notice or preparation.  Consistently seeks candid feedback from clients, team members and contacts regarding service satisfaction, demand trends, and macroeconomic social and political factors that influence and shape current and future demand.  Seeks continuous skill improvement through ongoing training and coaching.

How many of these were you unaware of? Are you surprised that there are this many? If you’re a successful rainmaker who aspires to greatness, use this as an improvement checklist. Assess yourself against each and commit to improving each area of weakness. n Mike O’Horo is a serial innovator in the law business. His current venture, RainmakerVT, is the world’s first interactive online rainmaking training for lawyers, by which lawyers learn how to attract the right kind of clients.

Mike can be reached at mikeohoro@rainmakervt.com.

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10 Ways to Habitually Market For New Business

by Susan Duncan

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sk the most successful rainmakers what their secret is to their success and most will tell you that they work on it constantly and relentlessly. It has become integral to their client work and practice and they do it every day. Given the pressure lawyers feel to record billable hours, it may seem almost impossible to find time to do business development and even if time allows, it can be difficult to know how to do it effectively.

And like a regular exercise routine, many people don’t like to do it, but once you form the habit and feel more comfortable, you will enjoy the results! Follow these steps for more focused, effective and consistent business development:  Focus on your goals, then focus on what will make you most successful: qualified leads, proven referral sources, differentiation.

Don’t try to do everything all at once and don’t waste time chasing “suspects” instead of qualified leads.  Find things to do that you enjoy and are good at, including ways to connect your personal hobbies and passions with clients and business development. At the same time, be prepared to hone skills in areas in which you are weak and also to go outside your comfort zone.  Remember to say no. Not every invitation to speak, go to a conference or join a task force or committee will be valuable or help you achieve your goals. This is especially true for many programs or associations in which over three-quarters of the audience is lawyers you compete with!  Work on your personal style and approach: how you come across to clients and to colleagues, how responsive you are, how collaborative, how assertive and confident, how you describe what you do.

 Prepare, think ahead and stay ahead. Leverage as much as you can. If you give a speech at a conference, send the PowerPoint to clients who couldn’t attend, convert it into an article, use the materials to do custom CLEs for clients, convert it into an alert for the firm.  Make your business development habitual. Develop and maintain good habits and discipline as you would for an exercise routine: • Make a plan and follow it. Each year, develop a few realistic goals and determine the steps you will take to achieve the goals. Review and revise this plan on a quarterly basis. Also develop your target contact list and review this on a monthly basis. Keep your list of BD to-do’s and contacts by your phone. Record your time so you can evaluate effectiveness of your efforts.

• Spend at least 10-15 minutes every day (perhaps at the beginning of each day) to review your BD action plan and contact list. Make progress on at least one action item per day. It could be sending an email to follow-up or schedule lunch or a quick phone call.

• As a partner, aim to spend at least 200 hours per year on marketing, client and business development. As an associate, spend at least 100 hours. Most very successful rainmakers spend 600 hours/year, just to provide you with a benchmark.

• Get out of the office at least once a week! Schedule a BD-related meal with a colleague, referral source, prospect or client for the specific purpose of discussing their priorities, trends and business issues. If it helps, schedule lunch on the same day every week.

• Plan to visit one client every month. You likely will be able to fit other visits and meetings around it.

 Focus first on giving value and making yourself relevant. Get to know someone, ask and listen. Leave the discussion/pitch about the firm and yourself to a later time.

• Ask your assistant to help keep your contact list up to date (every time you return with business cards or get a new client) and help you categorize contacts by client, prospect, referral source, association committee peer, personal, etc.

 Become known in a niche. Write about it, speak about it, get quoted about it and be sure your bio, LinkedIn, and the firm’s web site all have the most current and correct information about it.

• Use your calendar as a tickler system to remind you when to follow up with targeted contacts. They should hear from you at least on a quarterly basis.

 Never take good clients for granted! Treat them with respect and appreciation, provide value, ask how they’re doing, show them you care, make them always feel like your most important client.

• Use the internet to stay connected, e.g., LinkedIn, and easy shopping web sites/tools like Amazon Prime to send clients gifts.

 Collaborate. Seek feedback from another partner or external colleague on your business development strategy, your elevator speech, or your ideas. Find a “marketing buddy” to meet with weekly or monthly to review progress, brainstorm opportunities and get advice on obstacles.

• Celebrate your successes and those of your colleagues! n Susan Duncan works on the business, strategy and management side of the legal profession at RainMaking Oasis and has been doing so since 1980. Along with a high level of energy and enthusiasm, Susan brings deep knowledge of the legal industry and a passion for what she does to her clients and consulting engagements. To learn more, visit: www.RainMakingOasis.com.

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Attorney Journal Orange County | Volume 146, 2018

The Federal False Claims Act Process is Complex Don’t let your client’s case be lost due to hyper-technical procedural mistakes

At Stephen Danz & Associates, our whistleblower attorneys and co-counsel, some with former government-false-claims positions, are experienced federal and California False Claims Act attorneys. We have obtained substantial recoveries for our clients because we understand the laws, the underlying types of fraud, and how to properly present a fraud disclosure claim to the government.

We’ve been litigating FCA cases for 30 years, are active participants in the major qui tam attorney organizations, and regularly share expertise with other practitioners. Our co-counsel have extensive experience as former governmentfalse-claims prosecutors, so we know what aspects of the case to focus on to encourage the government to intervene.

Our firm also focuses on:

Wrongful Termination and Retaliation claims

Newest Co-Counsel: Hirst Law Group, P.C. For many years, Mr. Hirst supervised FCA cases for a U.S. Attorney’s Office in California, for which he received a DOJ Director’s Award from Attorney General Janet Reno. Later described by Attorney General John Ashcroft as an “exceptional litigator” and recognized by the Chief of the Forest Service for his “brilliant performance at trial,” Mr. Hirst’s FCA cases have been reported in numerous publications throughout the country and the subject of three books, one of which detailed his handling of a case that resulted in the largest fraud recovery against a single hospital in US history.

Some of the specific types of fraud that can result in substantial recoveries and rewards for whistleblowers are:

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COMMUNITY news n Mark E. Minyard, Managing Partner of Minyard Morris in Newport Beach, has been selected to the “2018 Top 50 Orange County Super Lawyers” list.

Mark was also named to the Family Law category of the 2018 “Southern California Super Lawyers.”

MARK E. MINYARD Mark limits his practice to Orange County Family Law matters. He has been recognized by Super Lawyers and Super Lawyer Top 50 Orange County Lawyers each year since its inception in 2004. Mark is one of only three family law attorneys in California who are Fellows in the American College of Trial Lawyers.

He is also a fellow in the American Academy of Matrimonial Lawyers.

Mark is AV Peer Review Rated (the highest rating)

by Martindale.com, has been listed in the Preeminent Bar Registry for 25 years, and is a Certified Specialist in Family Law by the State Bar of California Board of Legal Specialization. n Dorsey & Whitney LLP is pleased to announce that Alison Grigonis, a Senior Attorney in the Firm’s Southern California office, has been appointed as a Delegate to the 2018–2019 US-Japan Leadership Program (USJLP).

Ms. Grigonis is a member ALISON GRIGONIS of Dorsey’s Regulatory Affairs practice group. She has a broad range of experience with issues involving the federal government and Native American tribal governments.

She uses this unique perspective to advise clients on federal Indian law and policy, gaming, publicprivate partnerships, project finance, and government relations. Before joining Dorsey, she served as a Senior Policy Advisor at the U.S. Department of the Interior providing policy advice to the Office of the Assistant Secretary - Indian Affairs and senior leadership at Interior on matters involving tribes and their members.

Ms. Grigonis also served as Senior Director of Cabinet Affairs at The White House, acting as liaison between President Obama and his Cabinet, coordinating communications, policy and logistics and managing issues that involve multiple federal agencies.

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Attorney Journal Orange County | Volume 146, 2018

n The Law Offices of Terry K. Davis has a new location, 12711 Newport Blvd., Suite D, Tustin, CA 92780.

“This is a new and improved office in a better location,” said trial and employment lawyer Terry K. Davis, founder of the Law Offices of Terry K. Davis, who was recently named to the 2018 Southern California Super TERRY K. DAVIS Lawyers list. “It also offers us a space to better serve our clients.”

Davis is a member of the American Inns of Court, Robert A. Banyard Chapter, Orange County; Orange County Bar Association, Labor and Employment Law Section; Orange County Trial Lawyers Association, past Board of Directors and past Vice-President, 2010; California Employment Lawyers Association and Consumer Attorneys of Los Angeles. n Klinedinst PC is pleased to welcome new associate, Scott J. Kalter to its Santa Ana office. Mr. Kalter represents clients on catastrophic injury and personal injury defense, retail defense, premises liability, employment defense, and products liability matters. While working with one of the most respected software engineer recruiting platforms, Mr. Kalter SCOTT J. KALTER gained a unique perspective on emerging technologies, including software languages and other cutting-edge technology. A graduate of the University of California, Hastings College of Law, Mr. Kalter was awarded the CALI Excellence for the Future Award for his coursework in International Negotiation and Dispute Resolution. n Daniel Glassman of Crowell & Moring has been appointed as co-chair of the Orange County Bar Association Mandatory Fee Arbitration Committee (MFA). He fills the vacancy created by the appointment of Kimberly Knill as a California superior court judge. Glassman will serve with current MFA Co-chair Eric Blum. The OCBA MFA Committee DANIEL GLASSMAN arbitrates disputes between attorneys and clients concerning the attorney’s fees and costs. The OCBA MFA Program conducts arbitrations as set forth in the Business and Professions Code § 6200-6206. An attorney/client fee dispute can be arbitrated by the OCBA MFA Program if the attorney has an office in Orange County, or a majority of the services were rendered in Orange County.

n The CAL-ABOTA Board of Directors has selected Chris Wesierski of the Orange County Chapter as the 2018 Trial Lawyer of the Year.

Recognized as the highest honor a California trial lawyer can receive, the CAL-ABOTA Trial Lawyer of the Year is awarded annually to a recipient exhibiting the CHRIS WESIERSKI best traits of a trial lawyer—excellence in advocacy, a distinguished career and a reputation for civility, ethics and fair play.

Chris has been recognized as a top 100 litigator in Southern California and has received America’s Top 100 Attorneys Lifetime Achievement recognition. His verdicts have been recognized as verdicts of the year and of the week by the Daily Journal newspaper in California. He has been repeatedly named as one of the top 50 Attorneys in Orange County and has had top 20 defense verdicts multiple times.

Chris has been named as America’s Top 100 Civil Defense Litigators for 2018 and has also been named a Super Lawyer every year since its inception in 2005. He is rated at the highest level by AVVO and Martindale-Hubble.

n More than a dozen members of the Orange County Bar Association have been nominated for the Orange County Business Journal Women of JACQUELINE the Year Awards, SHIRIN FOROOTAN BEAUMONT which will host an awards reception and luncheon on May 3, 2018 at the Hotel Irvine Jamboree Center. Nominees for Women of the Year include Call & Jensen attorneys Jacqueline Beaumont CHRISTY LEWIS LEI LEI WANG EKVALL and Shirin Forootan; Christy Lewis, Founder of Lewis Business & Estate Planning, APC, and Lei Lei Wang Ekvall, Partner at Smiley Wang-Ekvall.

n Suzanne V. Chamberlain has announced the formation of Chamberlain Mediation Partners.

Offering mediation services for disputes involving business, employment, real estate, and trust and estate issues, Chamberlain draws from 30 years of litigation and transactional experience, serving individuals and SUZANNE CHAMBERLAIN entities in various industries and businesses. Chamberlain Mediation Partners Operations will be overseen by John P. Chamberlain.

Prior to launching Chamberlain Mediation Partners, Suzanne and John were principal members of Chamberlain and Viau, a professional law corporation, located in Newport Beach. Chamberlain Mediation Partners serves the Southern California region and provides local mediation facilities in Newport Beach, adjacent to Fashion Island.

n Bad Faith Insurance and ERISA litigation attorney Robert J. McKennon, founder of McKennon Law Group PC, which represents policyholders in their insurance disputes with insurers, was recently named a 2018 Southern California Super Lawyer— Insurance Coverage. McKennon also received Top 100 Insurance Lawyers in the State of California for 2018 recognition by ROBERT MCKENNON the American Society of Legal Advocates, which he has received every year since 2013.

Furthermore, Lawyers Worldwide Awards Magazine recently named McKennon Law Group PC as “Insurance Litigation Law Firm of the Year—California” and “Insurance Litigation Law Firm of the Year—USA” for 2017. McKennon Law Group PC was voted by its peers for these awards and it was recognized for excellence in representing its life, health and disability policyholder clients against the biggest insurers in the world.

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Attorney Journal Orange County | Volume 146, 2018

13

How to Deal with Underperforming Lawyers

by Eric Dewey

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he challenges of a shrinking and intensifying competitive legal marketplace demand that firms address underperforming lawyers quickly and decisively. Business development coaching has increasingly been adopted to help these lawyers get back on track. But, is the traditional model of business development coaching effective? And, if not, what’s missing?

Others often perceive lawyers that struggle to build a client base as suffering from time management or motivational issues.

As such, business development coaching services tend to focus on building better disciplines in the lawyer. While these issues may contribute to the problem, more often than not poor business development results have their roots in the makeup of the lawyer’s practice and the conditions in the firm. I call these structural issues because they create impediments to building a practice that are so familiar that most lawyers fail to recognize them.

Diagnosing the cause of a lawyer’s under-performance can be a challenge. The attorney’s practice area; their target clients; the breadth or depth of an attorney’s knowledge; the firm culture and compensation system; the maturity of the attorney’s practice; the lawyer’s matter management skills; their billing rates and competitive position; and the lawyer’s professional relationships are so varied and dynamic that no two lawyer’s practices are truly similar.

There is a pervasive belief in law firms that lawyers are the best ones to understand their own business development challenges.

As the thinking goes, no one understands his or her practice and clients as well as he or she does, so surely, he or she knows what needs to be done to turn around a struggling practice.

It’s not true. But too often they are left to fend for themselves.

Lawyers struggle to bring in their own clients for a variety of reasons. These reasons include a lack of marketing knowledge and skills; client development challenges; firm culture or compensation issues; competitive positioning problems; and challenges associated with the structure and focus of their practice. The idea that focusing on a lawyer’s motivation, attitudes or time management without first determining whether the lawyer is burdened by structural issues in their

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practice is neither fair to the lawyer nor in the best interests of the firm.

To illustrate what I mean by ‘structural issues’, a senior partner came to me after having been unsuccessful working with three other business development coaches. On our introductory call, I reviewed his bio and quickly realized his problem. He listed experience in eight unrelated practice areas, published legal and business topics on an even broader variety of subjects, and featured as his most significant matters work that was more than 15 years old. His fear of missing out on potential work (by listing eight different practice areas in which he had some experience) confused his prospective clients about the area of the law in which he was truly an expert. No amount of nagging and cajoling would fix this structural issue in his practice.

A second example comes from a lawyer working in a small, 12-lawyer ‘full service’ law firm whose practice area required significant bench strength to effectively leverage the types and size of matters he said he handled. He wasn’t getting this type of work because, surprise, platform matters to clients.

Practice Development or Business Development Coaching?

In just about every lawyer I have worked with, low motivation and poor time management were rarely contributing factors.

Their challenges, which these lawyers didn’t understand at the outset, related to practice focus, practice maturity issues or practice transition challenges. These are all practice development issues. The traditional coaching model typically does not include a methodical process to evaluate the myriad of challenges that work against the lawyer’s best efforts. But practice development coaching does.

To ensure the punishment fits the crime, law firms can develop a formal process to diagnose the under-performance of lawyers and pinpoint whether the low numbers result from behavioral or structural causes. Practice diagnostics can tease out the factors that inhibit growth and prioritize which issues

Practice analysis helps the attorney identify a coherent strategy and a working plan to move forward. to address for the greatest and fastest impact. A good system should assess the firm’s compensation system, the financial and billing data for the lawyer and their practice group, the lawyer’s practice specialty areas, the market opportunities for the practice, their client relationships, and their past business development and marketing activities. This examination paints a more accurate picture of the challenges and opportunities in a lawyer’s practice. It puts aside the assumptions about motivation and time management and leaves them to the actual coaching process where those issues can be more accurately analyzed and addressed.

Practice analysis is an extra step in dealing with underperforming lawyers, but it will ensure the best use of the firm’s investment by directing resources to the true challenges and obstacles facing the lawyer. Practice analysis helps the attorney identify a coherent strategy and a working plan to move forward. What’s more, it helps the firm better understand the challenges that lawyer faces and set more realistic expectations

for how quickly that lawyer will be able to turn around their practice. As any seasoned sales professional will tell you, if the product is flawed the sales will be too.

As an industry, we focus too heavily on promotion and not enough on the packaging and positioning of our attorneys’ individual practices—that is to say, we do not focus enough on practice development. Practice development analysis can help identify the structural challenges the lawyer faces. Only then can you begin to ascertain whether behavior, attitude or time management problems are also affecting the lawyer. n Eric Dewey, MBA is principal of Group Dewey Consulting and has more than 25 years training and coaching hundreds of lawyers and other professionals in practice and business development. He is the former chief marketing officer of several large law firms and has extensive experience in financial services, commercial real estate and management consulting. His clients range from the nation’s largest law firms to midsize law firms, specialty boutique firms, and solo practitioners.

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Attorney Journal Orange County | Volume 146, 2018

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For Family Law and Divorce Clients When Gerald “Gerry” Maggio faced a life-altering decision over whether to continue a successful career in corporate management or follow his heart and enter the practice of law, he “turned a corner” and returned to law school. Today the Maggio Law Firm, Inc. has been serving family law and divorce clients in the Riverside and Orange County areas for more than 13 years.

In addition to Maggio, the firm employs a part-time contract attorney, paralegal and two other assistants and is looking for further expansion within the next few years.

“I know little about law. However, I recognize this … Mr. Maggio was masterful in his defense of the legal proceedings against me, both in his writings to the court and in his verbal argument to the court. I am forever grateful to him. The alimony issue that we dealt with has been gnawing at me for a long time, and I felt like I have been looking over my shoulder every day. Today is the first day I’m not looking behind me.”

– John (former client)

Turning to the Law Proves to be a Good Move for Family Law Clients After graduating from San Diego State University in 1990, he worked in corporate management and quickly moved up to an upper management position and would likely become a location manager within a year. Yet, from his high school days on, he had thought about going to law school. It was decision time.

“I determined that it was a now or never situation. I was going to pursue the career I was already in because it was a growing field or I was going to go to law school. If I made that decision to go into management, I realized I wouldn’t be going into law school later. So, I decided my opportunity ultimately long-term would be better than what I was doing, although at the time it felt like I had taken a few steps backwards because of the reduction in income and all the work involved in going to law school,” Maggio says.

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He worked for a number of law firms while attending law school and developed expertise in a variety of practice areas.

He graduated from Western State University College of Law in 1998, but this major step was just the first of other cornerturning moments he would face.

An Early Course Correction Maggio had been working in criminal defense and other areas of law for a few years when his firm needed someone to take over the family law side of the business. He quickly took to the new practice area and discovered a real passion for it.

Later, he accepted an opportunity to work at a civil firm, a significant diversion from the family law and divorce cases he had been working. “I knew the week that I went to work there that I had made a mistake and within a year, I decided to open my own law firm. I had only a few clients, which was a risk considering I had a wife and three young children by that time.

However, it proved to be worth it within the first year. I never looked back or regretted my decision,” he says.

“I retained Gerald Maggio and his firm, The Maggio Law Firm, in 2011 to deal with a Department of Child Support Services case that resulted in an unfair court order to me, as well as to try to resolve the issues of my divorce case which had not been finalized since it started back in 2004. Mr. Maggio is the fourth attorney that I have had on my case. I have found Mr. Maggio to be the most effective attorney and not only that, but I think he has been the most compassionate and caring. He was recently able to lower my child support to a fairer amount, handled a child support contempt matter favorably, and it appears that Gerry is on track to finally resolve my divorce case after 8 years. Gerry has been very reasonable in his legal fees. I consider him one of the ‘good guys’ and I appreciate all that he has done for me. I highly recommend him” – Gary(former client)

© christopher TODD studios

OF THE MONTH

ATTORNEY

2018

Gerry and his wife, Debbie Maggio

Taking a Practical Approach to Emotional Issues

© christopher TODD studios

Maggio takes a practical approach to balance the emotional levels often involved in family law and related cases. He works with his clients to develop a strategy with cost-benefit analysis in mind.

“I don’t try to over-complicate cases for the purpose of dragging things out and churning legal fees. When it makes sense to settle, we always make strong efforts to do so. It makes no sense to spend one to two years in litigation to send up settling based on what could have been worked out the same way in the first six months. Divorce is expensive and can cause clients and their families financial damage in the process. But when cases or issues need to be litigated, we don’t hesitate to do so,” he says.

Seeing the cost-benefit side of his practice area has directed Maggio toward divorce mediation. He cites an example of a case that worked out well for his client, but a case in which both parties spent more money than they should have. The lower middle-class family could not agree on anything and ended up in a protracted case.

He says, “I believe that it likely affects them and their children financially to this day.

That case led me to become a trained divorce mediator. Divorce mediation is something I really believe in. It can save a tremendous amount of money over traditional divorce litigation if the parties are willing to be reasonable and compromise. I have a saying that ‘not every marriage can be saved, but every family can’ when it comes to using divorce mediation as a cost-effective way to end a marriage.”

The emotional issues sometimes require the family law practitioner to wear a number of hats and Maggio sometimes finds himself in the role of pseudo-therapist. Realizing that his clients are going through something they have never experienced and probably never expected to experience, he exercises patience and understanding as he walks them step-bystep through the processes involved.

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© christopher TODD studios

The Maggio Law Firm Team: Julie Ringquist (Attorney), Debbi Maggio (Legal Assistant), Gerry Maggio (Founder), Crystal Richey (Legal Assistant), Carol Sullivan (Paralegal), and Sara Fenn (Legal Assistant)

Maggio notes that some attorneys adopt a one-size-fits-all, scorchedearth approach to divorce cases, which causes them to become overly aggressive when many cases do not justify such approach and which only results in huge legal fees and an opposing party who now hates the other spouse or partner. His philosophy is to take a case-by-case approach and find a direction that is in the best interest of all involved.

Maggio says, “You’re always going to have to look at what’s necessary for your client’s case. I try to be upfront. I try to make it clear to my client—we’re at the stage where we’re going to trial and I’ve got to do the work that’s necessary to do a good job on our case—I let them know ahead of time what will be involved. The manager side of me is practical. I try to avoid something that may be legally and technically okay in a case, but if it’s not going to produce a positive effect or anything worth pursuing, I prefer not to do that.”

“Gerry is a family man and understands the emotions that come with Divorce. He will definitely tell you what reality is and won’t chase something that is unrealistic and costly. His compassion towards children is honest and heartfelt during a time of confusion and turmoil. This helps the parent make the best decision for everyone; not just themselves … Thank you Gerry” – Ron (former client)

Delegating Responsibility to Encourage Professional Growth Maggio exercises patience and understanding with his staff as well as with his clients. He seeks to make every case and every opportunity a learning experience, believing that delegating responsibility and expecting accountability is the best way to mature and maintain a top-notch staff.

He has found that micro-managing is not an effective technique in a law firm. He maintains an open-door management philosophy and is readily accessible to his staff as well as to his clients.

“Although I have to oversee everything, I can’t make every decision. If anybody has anything that they feel they need to discuss with me, I don’t hesitate to listen to them and take what they say to heart and address the concern. If the concern is about something in the practice I certainly listen to it and address it, take it seriously. I don’t have a problem talking with people.

It’s part of the role of someone who runs a business,” Maggio says.

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Contact Gerald “Gerry” Maggio The Maggio Law Firm, Inc. 420 Exchange, Suite 270 Irvine, CA 92602 (949) 553-0304 www.maggiolawfirm.com

© christopher TODD studios

Maggio has been a resident of Orange County since 1985. He, and his wife, Debbi, who grew up in Irvine, met in college. They have been married for more than 26 years. “I give Debbi credit for working and supporting us when I was going through law school, for being a supportive wife and mother to our children, and for encouraging me to take the risk of opening up my own law practice when we had very young children and she was not working, which was a big step to take for us at the time under those circumstances,” he says.

They have three children. Their daughter, Garyn, is 18 and will graduate from high school this year.

Daughter Grace is 16 years old and is the family’s dog whisperer to their King Charles Cavalier, “Abbey.”

Their son, Gavin, is 14 and will be going to high school this fall. Maggio is actively involved in the lives of his children, which include “Indian Guides” and “Indian Princesses.” He coaches their soccer, baseball and softball teams.

Maggio took up surfing a few years ago and enjoys the sport on weekends. He occasionally plays golf and tennis.

He says that living a great home life is one of the benefits of working every day at a job that is equally rewarding financially and emotionally – in affecting positively the lives of people in possibly the most emotionally draining moment of their lives.

“When I take a case, I have to understand what a client wants and why and really listen to them while also making sure they understand the ramifications of what they may want in a case, because in the end, it’s really their case and their life and I need to advocate for their rights and what they want while also making sure that they are not asking for something that would be considered completely unreasonable or not credible in the eyes of the Court,” Maggio says.

EXPERIENCE

Turning Out the Good Life Outside of the Office

» EDUCATION

• San Diego State University, 1990.

• Western State University College of Law, 1998.

» AWARDS & REVIEWS

• OC Metro Top Attorneys 2012 and 2013 • Prime Buyers Report Top 10 Certified 2017 • American Institute of Family Law Attorneys 10 Best Attorneys for California for 2017-2018 • American Society of Legal Advocates Top 100 Family Lawyer for California 2018 • National Association of Distinguished Counsel Nation’s Top One Percent 2015–present • AVVO Rating: “Excellent” 10.0 rating with 86 client reviews as of March 2018 • Google Reviews: “Excellent” 5.0 Star rating with 42 client reviews as of March 2018

» ASSOCIATIONS

• Member, Orange County Bar Association, 1996–present • Member, the American Society of Legal Advocates • Member, the American Institute of Family Law Attorneys • Member, the National Association of Distinguished Counsel

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Attorney Journal Orange County | Volume 146, 2018

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Attorney Journal Orange County | Volume 146, 2018

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Attorney Journal Orange County | Volume 146, 2018

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20 Frustrating Things Lawyers Do While Delegating

by Dina Eisenberg

S

olo lawyers who want to scale their law practice must delegate. Yes, as a lawyer you have the brainpower to do pretty much whatever you set your mind to do. That’s the problem. You are doing too many things that are outside of your genius zone, which is practicing law, in case you forgot!

Delegation makes good business sense. However, that’s not the key reason to begin to outsource. Failing to create systems, process and have a team you can rely upon puts you, your law practice and your family at risk. How many days could your practice stay afloat without you—7 days, 30 days or maybe not even 2 days?

Delegating is the best way to increase your capacity to get administrative work done while leaving you time to focus on providing excellent legal services for your clients.

Hiring a virtual assistant or legal assistant to aid you with nonlegal work makes the difference between having a satisfying, profitable experience as a lawyer and being overwhelmed and battling to make ends meet. However, many lawyers strongly resist creating or delegating to a virtual team.

Delegation is not hard to learn. There are some behaviors that will get you a better result than others, though.

What prevents lawyers from delegating more? That answer is difficult to pinpoint. Maybe lawyers resist delegation because of a deep sense of responsibility to personally deliver only the highest quality work.

Maybe the issue is an inability to ask for help. We tend to be the problem-solvers, so it can be difficult to be vulnerable or admit to a weakness by asking for help.

Maybe the reason more lawyers don’t delegate is the imposter syndrome, the fear that someone will discover you’re not the lawyer you say you are. Many lawyers, even amazing lawyers like Jeena Cho, admit to struggling with confidence.

I am on a mission to encourage lawyers to design their law practice to fit your life and create a better law experience for yourself and your clients. I don’t believe lawyering should be so hard.

Delegation is a crucial skill for solo lawyers and small law firm owners. You simply don’t have enough hours in the day or energy to give your full attention and talent to every task your law practice requires. Nor should you. You are a lawyer not a [fill in the blank].

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Frustrating Things Lawyers Do to Staff No clear vision

No deadline set

Sending mixed messages

Giving contradictory instructions

Giving no or very little lead time

Expecting rush service

Dumping and running

No ongoing communication

Not available for questions

No direction given for problem-solving

No authority given to solve problems

Not prioritizing the work

Having no preferences

Long, confusing explanations

Missing information to complete project

No systems for collaborating

Won’t use collaboration tools

No easy way to share documents or progress

Forgetting to follow up with the project

Only commenting on errors but not the good work

Here Are 3 Tips Help You Be More Effective in Delegation Right Now!

11

Planning rules

22

What does success look like?

33

Take 10 minutes and think about why you are delegating that project and what the end goal is for you. Answering the why question helps you to stay motivated because you know at the end you’ll achieve something you desire.

It’s surprising how many times clients say ‘I don’t know’ when I ask what success would look like for them.

Hello?! How can your talent satisfy your wishes and preferences when you don’t know what you want. Failure to set expectations is always the beginning of a bad situation.

Be vulnerable As a lawyer, you know that it’s very difficult to help someone who does not want to be helped. You have to be vulnerable for delegation to work. Tell your team about the things that you can’t or don’t like to do. The six most powerful words you can say are: I don’t know. Help me, please. They’ll see you as someone confident and courageous! n

Dina Eisenberg is the award-winning entrepreneurial lawyer who prepares solo and small firm lawyers to delegate, automate and design a law practice that fits. Is it time to delegate? Take a quiz to find out at: https://www.outsourceeasier.com/take-the-quiz/

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19 STEPS TO BUILDING A REGIONAL OR NATIONAL LAW PRACTICE

by Trey Ryder

M

any lawyers are expanding their practices beyond state boundaries, building a regional or national practice. In some cases, they provide narrowly focused services; in others, they offer broad-based skills with the hopes of attracting a handful of the best cases in the country.

If your practice area is suited to going beyond your state boundaries, here are four reasons to consider a regional or national practice: Reason #1: You have more opportunities to attract the types of cases you want. When you draw clients from 50 states, you have a much greater selection than when you limit your field to your home state. If every state has three really good cases, you can compete for the three in your own state— or you can compete for your share of 150 from across the U.S. Reason #2: You have many more opportunities for media publicity. Gaining publicity outside your state is often easier than getting attention in your own state. This is because nearly every business wants to be featured in your local newspapers. But when you pursue articles in regional and national publications, you often find yourself competing with fewer businesses and fewer lawyers.

Most businesses and lawyers get customers from within a few-mile radius, so they don’t need attention beyond their local boundaries. Plus, businesses often assume that gaining national publicity would be much harder than gaining local attention.

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But, in fact, when you go beyond your state’s boundaries, you have access to hundreds of additional publications at the state, regional and national levels, all of which could be suitable targets for your publicity effort.

Reason #3: The “mystery of distance” results in your being perceived as the authority in your field because you’re from out of town. You have probably heard of this marketing principle, but you may not have used it as part of your marketing strategy. The mystery of distance says: The farther you go to get a product or service, the better and more valuable it is. Here’s an example: You can buy a pair of binoculars at your local sporting goods store. Or you can buy them online from a company in Switzerland. Which pair is better? Obviously, the binoculars from Switzerland.

There’s no logical reason to believe that something that comes from far away is better than something that comes from down the street. Still, subconsciously, we think it is.

Reason #4: You can live wherever you want. Many lawyers don’t need to meet their clients face to face. If you can service clients by phone, fax, mail and email, then you don’t need to work with them in person. And if you go to trial in their state—or if you need to meet with them—you can always travel.

Technology has changed how we market and deliver services.

HERE ARE 19 STEPS TO BUILDING A RESPECTED REGIONAL OR NATIONAL PRACTICE. STEP 1 Identify the niche you want to fill and the services you want to market. When clients hear your name, you want them to associate you with a specific type of legal services. For example, John Wilbanks is a personal injury attorney. Karen Ambrose is a tax lawyer. Mark O’Connor is a corporate lawyer.

Consider whether any lawyer in your market area immediately springs to mind when you mention your area of law. If so, that lawyer owns a very strong position. If no lawyer comes to mind, an effective marketing program will help you build the perception that you are the leader in that practice area.

STEP 2

Identify the type of clients you want to attract.

You must know where to aim if you expect to hit your target.

List the types of people or companies you want to attract that are ready, willing and able to hire your services. Identify your prospective clients by who they are and what they have.

For individuals, consider things such as gender, age, marital and family status, education, occupation, income and home ownership. For companies, consider things such as industry, gross sales, number of employees, level of risk or whatever makes a client attractive to you.

STEP 3

Identify how you and your services differ from those of your competitors. Positive differences are your competitive advantages. Negative differences are your competitive disadvantages. Identify both so you’ll know your strengths and weaknesses. Evaluate your qualifications, background and experience. Evaluate how you serve clients.

Evaluate the environment in which you serve clients. Look at your strengths and weaknesses from your prospects’ point of view because prospects evaluate you based on what is important to them. Every time you talk with prospects, make sure you emphasize your competitive advantages, so prospects appreciate how you differ from other lawyers.

STEP 4

Identify ways you can add value to your services so prospects eagerly choose you over all other lawyers. What can you add to your services to make them more attractive than they are now—and more attractive than services offered by competitors? If you were in your prospect’s shoes, what could your lawyer provide that would cause you to choose him or her over every other attorney? Review how you currently provide legal services. Then ask yourself how you could provide services more efficiently, more effectively, more completely, or faster— with your client benefiting from less risk and more value. Then, in addition to what you listed in step 3, the ways you add value to your services now become more competitive advantages.

STEP 5

Compile and keep on computer a comprehensive mailing list. Your most important business asset is your mailing

list. It’s your own personal area of influence. It should include your current clients, past clients, prospective clients, referral sources and prospective referral sources. Whether your list contains 20 names—or 2,000 names—these people are the core around which you build a prosperous firm. As you attract an ongoing flow of new inquiries, keep all of the names and addresses on your mailing list.

The critical element in your marketing program is your ability to add new names of prospective clients to your mailing list. You want to attract names at whatever rate will bring you the number of new clients you want. How long you leave names on your mailing list will depend on how long your prospects need to make their decision and at what point, if any, the list becomes unmanageable.

STEP 6

Make sure prospects and clients can reach you easily and without hassle. As distance increases, prospects often grow concerned about their ability to contact you. To reassure them, explain the many ways you invite contact from clients, like these: Direct line, email, cell phone, pager, fax, mail, courier, as well as intake and contact forms on your website.

STEP 7

Compile your information and advice into your own unique educational message, built on this proven five-part framework: Part #1: Identify and explain your prospect’s problem.

People won’t pay for a solution until they understand their problem. The bigger the problem—and the greater the risk of allowing it to persist—the more they will pay to solve it.

Part #2: Prove the problem exists. Prospects know you earn your living from solving problems. Skeptical prospects may think you are overstating the depth of the problem. You can overcome this sometimes-hidden suspicion by taking time to prove the problem exists and to prove that it is serious enough to warrant your client hiring your services to solve it.

Part #3: Identify and explain one or more solutions.

Prospects want a clear understanding of what you recommend to solve their problem.

Part #4: Prove the solution works. Prospects may be skeptical as to whether your recommended solution will actually do what you claim. You can expect a higher level of skepticism if the solution you recommend is perceived by your prospects to be expensive.

Part #5: Build yourself into the solution. You don’t want prospects to agree they have a problem but then hire another lawyer to solve it. You must do everything possible to make sure that your prospects conclude you are best equipped to provide the solution.

Your marketing message is the same as your educational message. You build your message on a foundation of information that explains your prospect’s problem and the solutions you can provide. Then you support your message with proof documents that further add credibility to everything you say. Proof documents include your photo and biography, Attorney Journal Orange County | Volume 146, 2018

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article reprints, schedule of services and fees, and references.

Testimonials and letters of recommendation help a great deal, but some jurisdictions do not allow their use. Check your rules of professional conduct before using comments from clients.

In this way, you create a powerful, persuasive message. The result is that your message is much more compelling and credible than messages used by other lawyers.

STEP 8

Educate your audience with written information and advice. Write your marketing message in a form that you can send to anyone who calls your office. Then, by offering to send copies without charge, you attract calls from genuine prospects. When prospects call, they give you their names and addresses (or email addresses). Then you add these prospective clients to your in-house mailing list.

Important Note: The longer your materials, the better. The longer you keep your prospect’s attention—and the more facts you provide—the more likely your prospect is to hire your services. Fortunately, prospects will read long materials, provided they are well written and relevant to their problem.

The fact kit I used for 15 years varied from 40 to 50 pages in length. And many lawyers told me they read every word. I have now included all this information on my website and in the article packet I send by email.

STEP 9

Define the geographical area from which you want to draw clients. Geographics identify individual prospects by where they live, where they work, and where you can find the prospective clients you want. Geographics identify companies by where they are based, where they have facilities and where they do business.

STEP 10

Compile a media list of the newspapers, magazines, newsletters and broadcast outlets you want to receive your news releases and query letters. You should choose national media outlets, as well as regional and local publications in states where you hope to serve clients. You can usually find current media lists online and at the library reference desk.

STEP 11 Launch an aggressive publicity campaign by sending news releases, feature articles and query letters to media outlets on your list. If you send articles 4 or 5 times each year, you could have an ongoing flow of articles appearing in various parts of the country.

STEP 12 Contact high-profile publications and interview shows on an individual and exclusive basis to gain the highest level of nationwide publicity. Offer to write ongoing columns for publications and appear as a periodic guest on interview shows. You might offer to host your own legal, news-talk or interview show.

STEP 13

Compile a list of trade associations that serve the prospects you want to attract. Keep these trade groups on your mailing list. Offer to present seminars that are sponsored or cosponsored by these trade associations, in hopes they will mail seminar invitations to all their members.

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STEP 14

Compile a list of referral sources and potential referral sources in the states you serve. Send them your packet of information so they understand what you do. Invite their referrals and offer referral fees, if appropriate. Keep referral sources and potential referral sources on your mailing list.

STEP 15 Compile a list of past clients. Send them a letter announcing your regional or national practice and a copy of your information packet. Most people have friends and colleagues in other states. Keep past clients on your mailing list and invite them to refer family members, friends and colleagues.

STEP 16 In all of your marketing materials, make sure you tell prospects the geographical area from which you accept clients. If you don’t mention the area you serve, prospects could easily conclude that you limit your services to your city or county.

STEP 17 Establish a website. The easiest way to reach prospects in different states is to establish a website. This puts your materials at everyone’s fingertips 24 hours a day. Generally, the more information you provide, the more likely you are to win a new client. So be generous with the information you post. Also, make sure you spell out the cities, counties and states from which you accept clients because this helps improve your search engine rankings when prospects look for a lawyer in their local area.

STEP 18 Market your seminars and speaking engagements nationwide. Make sure everyone on your mailing list knows you offer seminars. While they might not be the contact person, they can make your seminar known to the right people, who may get in touch with you. This is the most common way I receive invitations to speak to lawyers. Also, thanks to technology, now you can offer seminars over the telephone, by video conferencing, and over the internet.

STEP 19 If you collect email addresses from people on your mailing list, send an email alert or briefing every week.

The more often you stay in touch with everyone on your mailing list, the newer clients and referrals you’ll attract.

After your publicity starts to appear, you’ll get inquiries from prospective clients and increase referrals. Trade and professional associations will invite you to speak. And, one by one, you’ll start getting clients from throughout the geographical area you wish to serve. Soon, you’ll have a profitable, prestigious nationwide practice. n Trey Ryder specializes in Education-Based Marketing for Lawyers. He designs dignified marketing programs for lawyers and law firms in the United States, Canada and other English-speaking countries. Trey works from his offices in Payson, Arizona and Juneau, Alaska. To read more of Trey’s articles, visit the Lawyer Marketing Advisor at www.treyryder.com

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