Attorney Journals, Orange County, Volume 183

ORANGE COUNTY

Volume 183, 2021 $6.95

Preparing for Trial: 5 Tips for New Litigators

Valerie Henderson Kimberly A. Chojnacki Smart Rainmakers Don’t Only Network at the Bar Association

Shari Davidson The Latest California Case Summaries

Monty McIntyre Blockchain and eDiscovery: What Should the Legal Industry Expect?

Epiq

Associates: 11 Tips to Survive Your Freshman Year

Jennifer Eaton Dustin Paul Hiring Associates?

6 Do’s and Don’ts for Your Law Firm Website

Katherine Hollar Barnard Get Prospects to Your Website Without Relying on SEO

Trey Ryder

Attorney of the Month

Lem Garcia Lem Garcia Law, PC, Serving Orange County

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2021 EDITION—NO.183

TABLE OF CONTENTS 6 Hiring Associates?

Six Do’s and Don’ts for Your Law Firm Website

by Katherine Hollar Barnard

8 Preparing for Trial: Five Tips for New Litigators

8

by Valerie Henderson and Kimberly A. Chojnacki

12 Smart Rainmakers Don’t Only Network at the Bar Association

EXECUTIVE PUBLISHER Brian Topor

by Shari Davidson

EDITOR Wendy Price

14 How to Get Prospects to Visit Your Website Without Relying on SEO

CREATIVE SERVICES Penn Creative

by Trey Ryder

CIRCULATION Angela Watson PHOTOGRAPHY Chris Griffiths STAFF WRITERS Dan Baldwin Jennifer Hadley CONTRIBUTING EDITORIALISTS Katherine Hollar Barnard Kimberly A. Chojnacki Shari Davidson Jennifer Eaton Epiq Valerie Henderson Monty McIntyre Dustin Paul Trey Ryder ADVERTISING INQUIRIES Info@AttorneyJournals.com SUBMIT AN ARTICLE Editorial@AttorneyJournals.com OFFICE 30211 Avenida De Las Banderas Suite 200 Rancho Santa Margarita, CA 92688 www.AttorneyJournals.com ADDRESS CHANGES Address corrections can be made via email or postal mail.

ATTORNEY OF THE MONTH

16

16 Lem Garcia, Lem Garcia Law, PC, Serving Orange County Humbling Experience

by Dan Baldwin

24 The Future of Blockchain and eDiscovery: What Should the Legal Industry Expect?

by Epiq

26 Eleven Tips to Survive Your Freshman Year as an Associate

by Jennifer Eaton and Dustin Paul

28 The Latest California Case Summaries

by Monty McIntyre

24

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Printed in the USA

Hiring Associates? Six Do’s and Don’ts for Your Law Firm Website

by Katherine Hollar Barnard

H

aving weathered the COVID-19 epidemic, many law firms now see a sharp uptick in work—and feel a need to hire.

Specifically, associates are in high demand. Decipher, an investigative intelligence firm, reports that associate moves in the top 10 legal markets were up 20 percent or more in the first two months of the year. Press coverage of the associate rush is centered around a frenzy of aggressive tactics, from big hiring bonuses to same day offers. (Caveat emptor there.)

Thankfully, for most firms recruiting is a more measured process. Still, in the potential boom of 2021, it’s a buyer’s market, and qualified associates will have many options. In a December 2020 survey, 57 percent of lawyers with hiring responsibilities said they were actively looking; 93 percent said it was somewhat or very challenging.

To be sure, the country’s most wired generation will be checking out their prospective employers online. In this race for associate talent, your law firm’s website can be a helpful tool for making the right impression and conveying your culture and differentiators.

How can you best position your firm to be a first-choice employer?

Know Your Market Major, Lindsey & Africa’s Millennial Attorney Survey provides valuable insight into the wants, needs and attitudes of lawyers between 25 and 40 years old. This report surveyed more than 1,200 respondents, 78.6 percent of whom are current law firm associates.

When asked their priorities in scouting potential employers, on a scale of 1 to 10, they ranked: • Commitment to fostering work-life balance: 8.2 • Firm’s compensation package: 8.1 • Commitment to training and professional development: 8.0 • Commitment to progressive family-friendly policies: 7.5 • Strength of firm in a particular practice area: 6.7 • Commitment to diverse and inclusive workforce: 6.2 • Prestige of firm: 5.9 • Commitment to corporate social responsibility: 5.8 Key takeaway: Compare the high priority of work-life balance with the relatively low priority of firm prestige. If your firm’s recruiting page focuses on the rich tradition established by long-dead named 6

Attorney Journals Orange County | Volume 183, 2021

partners, you’re missing the mark with Millennial recruits.

Work-life balance is so important to your potential associates that nearly 75 percent of respondents said they would take lower compensation in exchange for more time off, a flexible work schedule or fewer billable hours.

When asked what they would like to spend more time doing in their current positions, they said: • Business development: 33.2 percent • Training: 23.1 percent • Mentorship: 14.1 percent • Pro bono: 11.6 percent • Work outside the primary practice group: 11.6 percent • Firm social events: 6.5 percent Key takeaway: More than five times as many associates want to work on business development as those who want more firm social events.

Baseball games and progressive dinner parties are important recreation for your law student recruiting. But seasoned associates want activities with more substance: business development and skills training chief among them.

Speak to Your Market As your law firm’s communications hub, your website should complement your recruiting endeavors. If your organization is among the many clamoring for trained associates, mind these guidelines: 1. Don’t skip them. Many law firms’ Careers pages skip straight from law students to lateral partners. Lateral associates are a different demographic with different desires. Many are parents to young children; all have earned professional respect. Develop a specific page for lateral associates that discusses benefits, schedule options, business development training, the track to partnership and other specific concerns.

2. Do be authentic. In the process of selling your firm, you must be genuine. It’s one thing to make a favorable first impression; it’s another to delve into fiction. Do not tout flexible schedules if you know the firm is putting the kibosh on remote work post-pandemic. Be forthright and manage expectations from the beginning, and you will find your people: While not every firm is “fun,” neither is every associate.

3. Don’t be coy about compensation. In the Major Lindsey & Africa survey, compensation was the No. 1 motivation Millennial attorneys cited for considering a job change. Meanwhile, nearly 70 percent of associates “strongly agreed” that law firms should strive for maximum transparency with regard to compensation.

In addition to salaries, be straightforward about billable minimums and what counts toward them.

4. Do offer evidence. Smooth marketing prose will only get you so far. Take a “show, don’t tell” approach, and provide proof points for your firm’s culture. Post testimonials from current associates. Share favorable statistics.

Profile successful alumni. Don’t assume that a potential hire will read every page of your website: Reiterate core values, major awards, and significant client work.

5. Don’t just talk about diversity. Show action. In the Major, Lindsey & Africa survey, 77.5 percent of Millennial attorneys said a diverse and inclusive workforce should be a priority for law firms. This demographic is looking for more than a well-crafted statement; show your action and show your investment.

6. Do embrace multimedia. Younger consumers strongly prefer video; 56 percent of those 25 to 34 years old said

it was their first-choice medium. Consider the power of a recruiting video geared to lateral associates that shared their peers’ stories; you could write with static text that you support work-life balance, or you can create a video that shows an associate playing with his kids. Keep it short, and keep it authentic, and video can be a compelling recruiting tool.

Above all, the “experienced associate” portion of your Careers page should further the brand promise of your firm. The best brand experiences are authentic, relevant and ownable: Carry this into your recruiting story.

• Authentic: Who are we really, and what is it like to work here?

• Relevant: Why does this matter to this specific audience?

• Ownable: Why us instead of the law firms down the street?

(And if all else fails, maybe put a cat meme on there.) n Katherine Hollar Barnard started Firesign to help legal industry clients attract, win, and retain business. She draws upon more than 10 years of experience at two of the nation’s largest law firms to build brands that connect and business plans that deliver. Learn more at www.firesignmarketing.com.

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Helping You See ERISA and Employee Benefits Law Clearly Practice areas include: ESOPs - Pension, Profit Sharing, 401(k) Plans - ERISA Litigation - ERISA Compliance - IRS and DOL Audits - Nonqualified Deferred Compensation Plans - Stock Options Plans - Business Transaction & Succession Planning Qualified Domestic Relations Orders (QDROs)

10021 Willow Creek Road, Suite 200, San Diego, California 92131 Telephone: (858) 444-2300 Facsimile: (858) 444-2345 www.bsllp.com

Attorney Journals Orange County | Volume 183, 2021

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Preparing for Trial: Five Tips for New Litigators

by Valerie Henderson and Kimberly A. Chojnacki

Y

ou’ve completed discovery and motions practice and are now preparing a case for trial, where being prepared is often the key to success. As a new litigator, what should you keep in mind when preparing a case for trial?

 Create a solid foundation through attention to detail.

Double and triple check local rules relating to pretrial filing deadlines, docket call, necessity (and format) of any courtesy copies to the court, and any other requirements of the specific judge. Call the trial coordinator to confirm your understanding of the requirements.

Some courts request flash drives with exhibits, others request binders. Some want you to exchange pretrial pleadings, but not file them. Knowledge of the court’s local rules and procedures is even more imperative now that many proceedings are being conducted via Zoom and other video conference software.

 Develop your trial theme. How will you present your case to the judge or jury? Consider weaving in elements of each claim or defense and specifically identify the witness or the specific document you will use to prove each element. Organize the order of witnesses, their testimony, and the introduction of exhibits to present the narrative in line with your trial theme. Meet with each witness to go over the narrative, ultimate objective, and how their testimony fits into the process. Determining how you will prove your claims or defenses through your trial theme also assists you in finalizing the witness and exhibit list, which is often a key portion of the materials that must be submitted to the court in advance of trial.

When meeting with witnesses, identify any weaknesses or issues you anticipate and help them feel comfortable with addressing questions they may be asked.

 Develop a plan for overcoming evidentiary objections.

Think about the case from multiple angles. How might you overcome evidentiary objections? Write notes on the exhibit list so they are on hand when the issue

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arises during trial. Have a copy of the applicable rules of evidence on hand in case an issue arises that you had not previously noted.

 Identify

opportunities for trial briefing. Anticipate potential disputed questions of law and home in on those that may benefit from briefing.

These should be apparent from the course of litigation (e.g., motions practice, points made in mediation, lines of questions in depositions, defenses pled, etc.). Often a trial brief is not only beneficial to the court, but also to you when developing the theme and structure of trial.

 Prepare the trial binder in a way that makes sense for you. Everyone is different in how they organize materials for trial. Give thought to what will work best for you.

A typical binder could include the exhibit list (with objection response annotations), witness outlines, brief outlines with responses to anticipated substantive arguments from the other side, and pertinent case law or statutes that you may need to reference. Also consider a separate folder or binder with your opening statement and a second, separate folder or binder with your closing statement that can be heavily annotated with notes pertaining to points made throughout trial by the other side.

By following the above steps for trial prep, you’ll have set yourself up for success and be able to focus on the trial once you enter the courtroom. n Valerie Henderson and Kimberly A. Chojnacki are attorneys at Baker, Donelson, Bearman, Caldwell & Berkowitz, PC. Valerie Henderson is a Shareholder and concentrates her practice in commercial disputes, insurance defense, and consumer financerelated litigation. Kimberly Chojnacki is an associate and focuses her practice on eminent domain and condemnation, complex commercial disputes, construction, and insurance defense matters. Learn more at: www.bakerdonelson.com.

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Smart Rainmakers Don’t Only Network at the Bar Association

by Shari Davidson

T

ime is simply something none of us have. Therefore, you need to work smart. The sum total of your efforts must bring in new business. Make sure you are connecting with the right people, who can help you. Constantly assess what is working, and what is not.

Organizations are a great way to build new relationships that can bring in new business. An obvious choice is the Bar Association. “As a legal recruiter, I cringe every time when I hear this. Is that the only place you are networking? Why, you ask? Why would you put yourself in the mix with your peers to slug it out to win new business when you can find more fulfilling and better ways to make it rain?” asks Shari Davidson of On Balance Search Consultants.

How do you choose a group? What is your practice area and who are your clients? Ask yourself where and who you should network with before you join a group.

Follow these steps to ensure you pick the right group:

CLEARLY DEFINE YOUR BUSINESS VALUES A great place to start is your mission statement. Don’t have a business plan? Get one. Clarifying your mission will help you see the natural connection between your organization and a potential new partner.

DETERMINE THE CRITERIA FOR THE POTENTIAL NEW GROUP Consider criteria such as the size of the organization, the age of the organization and the type of group:

Non-Compete Groups Referral groups like BNI and Gotham offer non-compete exclusivity. Being the only lawyer in the group can be advantageous. But don’t just jump in, consider who is in the group first. If the group is a bunch of Mary Kay representatives or landscapers, this may not be a good source of new business for you.

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Professional Groups Consider partnering with other trusted providers such as Attorney Accountant Networking Groups (AANG). These groups, as well as CPA and Insurance firms, Architects, Engineers, and yes, Bar Associations may have sub committees that don’t only have attorneys in them. WE CARE Fund (the nationally recognized charitable arm of the Nassau County Bar Association) may also generate a steady stream of new clients.

Hybrid Groups USA 500 club is a professional networking group of attorneys, CPAs and trusted advisors who sit at the Board table of corporations. Join this group.

Industry Associations What are the new trends in legal work? Get creative. Research associations that match up with your practice area of law.

Consider women’s groups or new burgeoning fields such as cybersecurity. Consider verticals that require your expertise.

Buildouts in construction need attorneys well versed in mapping out the legal commercial legalese for everything from airports, dams, and tunnels. Other verticals to consider are hotels, restaurants, strip malls or sports complexes.

Your competitors are not going to be working these niche industries. Stand out and become the leading authority in these fields of law.

Personal Social Groups Let your interests and passions guide you. Perhaps you are an avid bowler, cyclist, or runner. Do you have a passion for art, history, or horses? These networks may prove to be a major new source of business. Political organizations can be a good place, just remember this can also backfire. Let’s face it, everything is political. Steer clear of politics.

Charitable Organizations Shari Davidson says, “As a member of the American Heart Association Charitable Estates Committee, I routinely

interface with attorneys, CPAs, insurance agents and many other trusted advisors on the council. Groups like this are a great place to align your brand or firm and can be a fulfilling experience leading to forging new friendships and new business.”

There are so many reasons why you should put yourself within a powerful network that has “the resources, tools, and experience to help the professional community … creating an impactful win-win for all,” said Ed Rodbro, Sr. Advisor Charitable Estate Planning for the American Heart Association.

Start building strong relationships and establish yourself as an expert in your field of law. Working with a charity can become a fulfilling way to further the mission of your organization while helping your community.

SELECT AN ORGANIZATION WHOSE VALUES ARE CONSISTENT WITH YOUR OWN Ask yourself, do you like the organization’s board members?

Do you feel comfortable working with them? If an organization makes you feel uneasy, then trust your gut. Move on.

Don’t waste time and money getting to know a group that can’t help you. Look at the metrics, trends, and risk mitigation when assessing where to source new business. There is more to networking than securing the mailing list from the business chamber.

Nurturing relationships takes time, set yourself up for success.

Get to know one or two contacts at an event. Don’t try and get everyone’s business card. Take an interest in who you meet, learn more about what they do, what’s important to them and make sure you remember them. Invariably you’re going to meet up with that person again. Leverage these new relationships.

Keep a small notepad with you or use an app on your smartphone to take notes. Ideas will pop into your head when chatting with a friend or networking at an event. Write it down, that way you won’t forget. You are a resource and expert in your field, you often are asked for your assessment and opinion on an issue. Make a note. You are now well on your way to penning that new article or writing that book you’ve been talking about.

Once you’ve selected the right groups to network with, you’ve got to make the most of your time to bring in the business. n Shari Davidson is the founder of On Balance Search Consultants LLC. & On-Balance Life Centers. On Balance Search Consultants is a boutique search firm that specializes in finding top talent in the legal community. Shari has placed lateral partner attorneys, as well as group acquisitions & law firm mergers. And has assisted her clients in recruiting lateral associates, paralegals, and legal secretarial positions.

Learn more at: www.onbalancesearch.com.

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Attorney Journals Orange County | Volume 183, 2021

13

How to Get Prospects to Visit Your Website Without Relying on SEO

by Trey Ryder

With search engines, you face at least two problems: Problem #1: The lawyers who get the first few positions usually get the inquiries. The remaining lawyers are left paying for websites that produce little.

Problem #2: Even if you rank high, your search results are mixed among those of your competitors, so prospects can easily get distracted and miss your site altogether.

Fortunately, you can bring prospects to your website without search engines and without the potential for confusion. Here’s how: STEP #1: Load your website with educational articles that have teaser titles. People are drawn to helpful information written in list form. For example, I use 17 Fatal Marketing Mistakes Lawyers Make, Marketing Secrets of Superstar Lawyers, 11 Brochure Mistakes Lawyers Make, and many more. When you add educational articles, in addition to increasing your relevance in search engine rankings, you create a highly desirable website.

STEP #2: Invite prospects to visit your site where they can read your articles. Offer the articles in every type of communication, including • Classified Ads. Invite prospects to your website through classified ads. Your entire ad could be as simple as this: Discover 17 Fatal Marketing Mistakes Lawyers Make at www.treyryder.com. Or make it more attractive by including two or more titles: Discover How to Build Your Law Practice with Dignity and 11 Brochure Mistakes Lawyers Make at www. treyryder.com.

• Display Ads. If you want more space than a classified ad—or think your prospects may not read

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classifieds—design a small display ad. Make powerful use of black and white graphics to seize your reader’s attention. In addition, include a closely cropped photo of your face with good eye contact and a warm, engaging smile. (Nothing draws a reader’s eyes to your ad faster than your eyes looking back at the reader.) Depending on the size of your ad, you could include titles of many articles. Each title acts like a fishhook in the lake. You can’t be sure which bait will cause your prospect to bite, but all it takes is one good title to motivate him to visit your website.

• Yellow Page Ads. If you still use yellow page ads, offer articles that your prospect can read on your website.

• News Releases to the Media. Write a news release about a key issue in your area of law or the impact of a recent court decision. At the end of the news release, announce that you have published three articles, listing each by title. Then tell the reader he can call your office to receive free copies by mail or visit your website at www.yourdomain.com.

• Newsletters. In every issue, invite prospects to read articles on your website. You might say something like: Yours Free! Discover 15 Business Card Sins Lawyers Commit, Marketing Secrets of Superstar Lawyers, and How to Market Other Practice Areas Within Your Firm—at www.yourdomain.com.

• Seminars. In your seminar materials, include a flyer that lists articles on your website.

• Referral Sources. Send a mailing to your past clients and referral sources alerting them to articles on your website—and inviting them to direct friends and colleagues to your site.

• Referral Cards. Create a referral brochure with a reply card on which you offer various articles. Say that for a faster response, they can read these articles on your website.

• Feature Articles. At the end of every article you submit for publication, include an author’s note that offers your articles, something like this: Trey Ryder specializes in education-based marketing for lawyers. He offers the following three articles at www.treyryder.com: 17 Fatal Marketing Mistakes Lawyers Make, High Pressure vs. Dignity Depends on How You Use the Three Cons, and 19 Secrets That Increase Response to Ads.

In addition to offering articles, you can also use the above methods to invite prospects to your website so they can (1) ask you a question by email, (2) send you facts about their claim for a case evaluation, (3) subscribe to your firm’s newsletter, (4) register for your firm’s seminar, (5) read your latest newsletter, (6) request a consultation with you by phone or in person, (7) read comments from past clients— whatever you think will motivate them to visit your site.

• Email Signatures. Consider offering an article and including its title in the signature to your email. You might include something like: Visit www.yourdomain.com to read 17 Fatal Marketing Mistakes Lawyers Make. Your URL by itself may not motivate a prospect to go to your website. But when you alert him to an important article that discusses one of his current problems, he has a good reason to visit you site.

SUMMARY: Don’t depend only on search engines to bring prospects to your website. Also, don’t depend on your web address alone to motivate prospects to visit.

Instead, make your prospects an irresistible offer— something they can’t refuse—which they’ll discover on your website. Then put the offer in ads, newsletters, and announcements. This will erase the confusion factor from search engines and increase the number of qualified prospects going to your site. n

• Envelope Inserts with Outgoing Mail. Prepare an insert about 1/3 the size of an 8.5" x 11" sheet that announces new articles on your website. Include this in all outgoing correspondence and, on the insert, invite the recipient to pass it along to a friend or colleague.

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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Attorney Journals Orange County | Volume 183, 2021

15

A Humble Approach to Personal Injury Success PERSONAL INJURY ATTORNEY LEM GARCIA JOURNALS

ATTORNEY

OF THE MONTH

2021

P

opular media for generations has portrayed attorneys as professionals totally lacking humility, yet personal injury attorney Lem Garcia has found a humble approach is the key to his and his firm’s remarkable success.

Founded in 2014, Lem Garcia Law, PC has grown to a 17-person office including Garcia, three lawyers, four case managers, four case manager assistants, two property damage handlers, one medical records clerk, one graphic designer, and one lien negotiator.

Approximately 90 percent of the firm’s work relates to automobile accident cases.

“Humility is a very important key to success that is often overlooked and under-appreciated. Some people might see humility as a weakness, but I see it as a strength. Humility to me means placing others first and recognizing everyone is important. When you practice these principles, it creates a great client experience. It’s especially important for us as lawyers to remember we are servants to others. We should be caring and giving with our time, so our clients receive the service they deserve,” Garcia says.

TAKING ON A RISKY CASE Not too long after opening his doors, a young woman e-mailed Garcia around 1:00 am on a Sunday morning.

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Her very long e-mail clearly showed she was very worried about her health and her case. She had been hit by a car as a pedestrian and the insurance company was denying her case. She had already reached out to several attorneys who said they couldn’t take her case, or that they could only take the case if she paid an hourly rate.

She didn’t have the money to pay an attorney up front.

Taking on the case was risky for Garcia because he had opened his firm earlier than planned. His back was professionally and financially “against the wall.” He had to make something happen right away, but he could not turn down the woman’s plea. He responded and accepted the case on a contingency basis within the hour.

Garcia got the other party’s insurance company to provide coverage, accept liability, and pay out the policy limits. He also helped whittle down her medical bills down because he wanted to make sure she received every single penny that she deserved. The medical providers were under no obligation to reduce their fees, but after pleading the case to each, they all eventually agreed to reduce their bills considerably.

Additionally, the woman also needed a good dentist to fix the smile that was ruined by the crash. Garcia made a lot of phone calls for her and found her the right dentist, which allowed her to get her teeth fixed with some of the money that she received from her case.

© Christopher TODD Studios

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© Christopher TODD Studios

Lem and Therese have two beautiful girls together, Simone (age 3) and Josephine (age 6)

“I was very happy to put that smile back on her face. Her case, coming as early as it did, helped shape the attorney that I am today. I did everything I possibly could to help that person and it changed her life and she was very thankful for it all.

It showed me that we’re making a big difference in people’s lives and making a difference in the world one person at a time. I make it a point that we go out of our way for all of our clients because it benefits everyone. It makes us feel good about making a difference and our clients really appreciate it because they feel taken care of,” Garcia says.

FINDING THE BEST POSITION TO HELP PEOPLE Garcia says, “I became an attorney because I wanted to put myself in the best situation to help people. When I graduated from college, I had a journalism degree because I wanted to bring attention to injustices in the world, but I realized that I could help more people directly if I became a lawyer. I didn’t know what area of law I wanted to practice, but I knew that I wanted to be an advocate for people that needed help.” He attended Cal Poly Pomona from 2000-2005, graduating with a degree in journalism. He earned his J.D. from the Western State University College of Law, graduating in 2011.

Another motivation for becoming an attorney was his strong desire to break Filipino-American stereotypes. “When I went to law school, I didn’t know any Filipino lawyers.

People—especially my family—expected me to become an engineer or a nurse. I wanted to do something that was unexpected, would change how people perceive Filipinos, and would motivate others to break stereotypes too,” he says.

His parents immigrated to the United States in the late 70s. The family didn’t have any connections to the legal community, and he didn’t know what a lawyer did until working as a legal assistant for a lawyer after college. From then on, he was driven to open his own firm where he could serve people best by being his own boss and by handling matters his own way.

“I credit my parents for giving me an amazing childhood and instilling great values and work ethic in me. Without them, none of this would be possible. My parents supported me for my entire life and to this day do whatever they can to help me with the office,” he says.

AVOIDING THE MISSTEPS OF MANAGING A LAW FIRM “In 2014, I was unemployed, newly married, with my first child on the way. I thought this would be a great time to open the office because I was hungry and motivated. I didn’t want to have to decide to open my own firm after I settled

into a well-paying job. So, I just went for it even though I didn’t have much experience as a lawyer or running my own business,” Garcia says.

Garcia tried a unique approach in designing his firm’s direction; he made a study of what clients felt was wrong with their experience with other law firms. From that research he developed a core of principles: • Attorneys and staff will treat others how we would like to be treated.

• Attorneys and staff will share a good attitude at all times.

• Attorneys will make themselves easily accessible to clients.

• Calls and e-mails will be returned promptly.

• Client fees will be fair and just.

• Property damage will be handled for free.

• Attorneys will reach out to clients proactively.

• Everyone will seek and respond to client feedback.

Clients find the approach rewarding: I cannot emphasize how blessed I was to come across Lem’s website earlier this year when I was desperately looking for help with my case. I was in a horrid accident where I was severely injured. At first, I tried dealing with insurance on my own and was getting the runaround for a few months. I began consulting with a few firms and everyone I spoke to pushed hard for a lawsuit because I made the naive mistake of agreeing to a recorded statement with insurance before finding representation. I was told that what I said was going to make my case very difficult and a lawsuit was my best option. Of course, I didn’t want that because I had accumulated over $100,000 in bills related to the accident not to mention I still needed treatment for other things. If I lost (which was definitely possible) I knew I’d be stuck with a much bigger problem.

As I was about to sign with another attorney, I gave it one last shot and googled personal injury attorneys one last time and found Lem’s website. And when we met in person, he was everything he said on his website.

Garcia explains, “I’ve worked hard, but Lem Garcia Law is also the result of a great team. We would not be where we are today if it weren’t for everyone on the team. Everyone at the office provides such a great environment for us to provide excellent service to our clients. Everyone is dedicated to their job and always treats anyone they talk to on the phone with patience and kindness. They all understand that we are in the service business and how important it is that we are compassionate and empathetic.”

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Contact Lem Garcia Lem Garcia Law, PC 1720 W. Cameron Avenue, Suite 210 West Covina, CA 91790 Office: (626) 337-1111 Cell: (626) 252-2168 www.LemGarciaLaw.com

© Christopher TODD Studios

EXP ER I ENCE

Referrals are a small, but growing part of the firm’s business. “We are happy to pay generous referral fees.

Other attorneys can refer clients to our firm because they will have peace of mind that their clients will receive outstanding personal service and results, and they will get paid their referral fee timely and without having to chase us down/contact us. Whether it’s a client or a referring attorney, we are always putting ourselves into the other person’s shoes and treating them how we would want to be treated. I want everyone that we work with to be taken care of. I don’t want them to wonder about what is going on or feel like they have to follow up with us all the time. I want to make it very clear through our actions that we are doing right by them and they can rest easy,” Garcia says.

Garcia has been married almost seven years to Therese Garcia, who is an attorney and co-owner of Lem Garcia Law, PC. They have two children, Josephine age six and Simone age three. “I give my wife all the credit in the world for being there every single step of the way to help build the office. Her advice, feedback, support, and hard work have been invaluable to the office and to me. I am truly blessed to have her in my life.”

A self-described basketball fanatic, he was briefly a photographer for the Los Angeles Clippers before law school. He still plays in adult leagues when he has the chance. Garcia also enjoys lifting weights and exercise in general. He was designated a Super Lawyers Rising Star in 2020 and 2021. He is a member of CAALA and CAOC. His plans for the next years include starting a podcast, generating informational content videos on social media, writing a personal injury playbook for clients, opening more offices, and becoming a motivational speaker.

“When you exercise humility, you examine your faults and fix them, you’re determined to learn what you don’t know, you can handle negative feedback and change, you’re more patient with other people, and you’re more giving with your time because you think about others more. It’s a win-win for everyone,” Garcia says. n

» EDUCATION • Western State University College of Law • Juris Doctor Law, 2008 – 2011 • California State Polytechnic University-Pomona • Bachelor of Science Journalism, 2000 – 2005

» HONORS/AWARDS & REVIEWS • Super Lawyers Selected to Rising Stars: 2019–2021 • Google Reviews—5 Star Rating—67+ Reviews • Yelp Reviews—5 Star Rating—72+ Reviews • Facebook Reviews—5 Star Rating—9+ Reviews • Avvo Reviews—5 Star Rating—8+ Reviews

» HOBBIES/INTERESTS • Playing Basketball • Weightlifting • Photography

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The Future of Blockchain and eDiscovery What Should the Legal Industry Expect?

by Epiq

W

ith new technologies frequently surfacing during an eDiscovery review, it is time for legal departments to take a deeper dive into blockchain so they can be prepared for what is to come. Legal professionals are aware of what blockchain is and may even use this technology for some business functions like smart contracts or payment for services via cryptocurrency. However, blockchain is still evolving and there are many unknowns about how this technology operates and what role it will play in both the legal industry and general business.

Blockchain—The Basics Blockchain is a complex type of distributed ledger technology that the legal industry is still learning about. A few important distinguishing features include: • Users can record transactions over a distributed network that is very secure. Identities of the individuals involved in a transaction are not disclosed.

• The network can be either public or private.

• The transactions are permanent. The blockchain also creates a recorded transaction history that users can access, but never alter.

• Third-party facilitators are unnecessary.

• An established protocol instructs computers on the network about when a transaction is verified and should be added to the ledger. This is commonly referred to as mining and is the only way a transaction can become a permanent part of the blockchain.

All of these features make blockchain appealing to individuals wanting to carry out secure transactions where asset ownership is permanently recorded without the need for a bank. It will only continue to gain popularity and continue to branch out to other areas besides virtual currency. Especially if smart contracts gain more acceptance,

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Attorney Journals Orange County | Volume 183, 2021

legal departments will start to see increasing exposure to blockchain technology with their corporate clients.

Predicted eDiscovery Implications Just as with any emerging data source, litigators need to be ready for collection and review hurdles that blockchain could impose. As more businesses utilize blockchain, it will pop up as discoverable electronically stored information (ESI) in cases and investigations. To prepare for this, legal departments should anticipate potential challenges, develop new protocols, and keep informed on new blockchain developments. Being able to advise corporate clients about what to be mindful of when deploying or encountering blockchain technology and accounting for this in information governance plans will limit eDiscovery issues in the future. The first step is to anticipate what will be easy and what will be challenging when dealing with blockchain as a source of ESI during litigation.

Blockchain data contains several features that are attractive to litigators. The fact that the transactions are permanent and do not allow for editing ensures that a party cannot tamper with any relevant blockchain ESI which can limit the time spent on eDiscovery disputes (like spoliation) and aids with data authentication. However, the fact that blockchain transactions conceal identities makes it difficult to prove that a party or other person relevant to the case participated in a certain transaction. Legal departments should account for extra costs and time to track down proper custodians, establish identities, and decode blockchain transactions. Utilizing experts and AI-powered solutions may help accelerate this process and yield efficient results.

These resources could provide methods to strip anonymity from transactions that are relevant to litigation.

Additionally, when collecting blockchain data, lawyers need to prepare for any obstacles or unique methods they may need to deploy. Whether the data is easily exportable will highly affect collection practices. From what we know

about blockchain, this may be an easier task than anticipated.

The fact that the transactions take place over a secure network should make collection an easier feat than some unstructured data like chat messages or various dark data sources. Still, it is important to talk about blockchain collection with a legal department’s eDiscovery vendor to understand the process and plan eDiscovery workflows.

Information Governance Considerations Even though the data contained in a blockchain transaction is reliable, there will definitely be more steps and new considerations—especially as the technology matures. As such, when a party needs to authenticate blockchain data as evidence for a case, they should expect to utilize additional resources and encounter evidentiary roadblocks. To avoid expending unnecessary resources, it is important to weigh the cost benefit of using this data as trial evidence. Organizations should account for these costs and concerns in their litigation readiness plans.

To be proactive, legal departments should start talking about blockchain and resulting information governance considerations with their corporate clients. Taking this approach aligns with the current trend of taking a more business-centered approach with legal transformation efforts and ways to be more efficient. Besides accounting for

blockchain in litigation readiness plans, organizations should have policies around using blockchain for internal and external business purposes. Updating data classification and mapping protocols will also help better manage these transactions if they become discoverable ESI in a future case.

Other helpful actions include monitoring new blockchain developments, providing training opportunities to staff, and seeing how courts handle future blockchain eDiscovery issues. It is important to remember that how this technology influences litigation will change as legal departments discover best practices for eDiscovery workflows pertaining to blockchain. Therefore, it is crucial to keep track of any case law and court rulings on blockchain and eDiscovery to help refine practices. Just as lawyers have recently seen the courts respond to eDiscovery obstacles and arguments pertaining to AI usage, blockchain questions will undoubtedly follow. n Epiq, a global leader in the legal services industry, takes on largescale, increasingly complex tasks for corporate counsel, law firms, and business professionals with efficiency, clarity, and confidence. Clients rely on Epiq to streamline the administration of business operations, class action and mass tort, court reporting, eDiscovery, regulatory, compliance, restructuring, and bankruptcy matters. Epiq subjectmatter experts and technologies create efficiency through expertise and deliver confidence to high-performing clients around the world.

Learn more at www.epiqglobal.com.

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11 Tips to Survive Your Freshman Year as an Associate

by Dustin M. Paul and Jennifer L. Eaton

C

oncerns about starting your first job after law school are justified. It is terrifying. For many, the first year as an associate will be your first professional job.

Little has prepared you for the difficult, confusing, and stressful first year ahead.

Even many summer associate positions fail to provide a realistic picture of what it is like to be an associate—or worse, they intentionally paint a false picture. After years of living through, talking about and guiding others through this process—including formally as part of our firm’s associate development committee—we thought we would pass along some tips to the next generation of young associates.

 Don’t get in your own way.

 Build trust and stay busy.

is joint and several liability.

Building trust and staying busy have the same playbook: Do good work. Doing good work means not only creating a strong work product but anticipating the next step. If you are drafting a responsive pleading, you should be thinking about the discovery you will soon serve to support the claims or defenses. If you are researching whether a particular contractual provision is permissible in a business contract, consider drafting your own clause.

You will stay busy if partners can trust you and your work product. If you do a good job on an assignment, they will come back to you again and again.

 Don’t just identify problems; solve them.

Don’t just come with problems—come with proposed solutions. In your first year, don’t always expect your solutions to be the right ones. But a proposed solution demonstrates that you are striving for excellence and independence.

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You can be your own worst enemy. Avoid self-imposed deadlines unless you can guarantee that you will meet them.

That said, if you can’t meet your own deadlines, why would anyone trust you with major deadlines? Remember your mistakes. Most mistakes can be fixed, so be forthright when they happen, and resolve them quickly. Know what you don’t know. You are a first-year associate; you don’t know it all. No one expects you to. If you think you do, you are wrong, and your ego will get in your way.

 Remember that responsibility You work as part of a team, never forget that. Your mistakes impact a partner, and a partner’s mistakes impact you. But in the end, if something goes wrong, you will likely bear at least some responsibility. Take the initiative to send reminder emails and offer your assistance to colleagues. Saying: “I thought you were handling that”—even when a partner told you they would handle it—will rarely absolve you of responsibility.

 Learn how to deal with ethical dilemmas and difficult situations.

You will almost assuredly deal with difficult clients, difficult attorneys, and difficult situations. Usually, the best thing to do in a difficult situation—whether with a client, attorney, or colleague—is document, document, document. Make sure your position on difficult issues is known. You want to be on record if something goes sideways. If a partner decides to proceed in another direction, then there are certain protections available to you as an associate performing work under the supervision of a responsible partner under most jurisdictions’ ethical rules.

 Find a mentor.

Much of being a new associate is avoiding common mistakes and pitfalls, and who better to help you with those issues than someone who has already been through the associate experience? Look to current associates, new partners, professors, or attorneys you have met through social or professional involvements as a starting point.

Ideally, you will have at least one mentor within your firm to ask firm-related questions and one mentor outside your firm to ask for unbiased opinions, often about firmrelated questions.

 Start to build your professional network.

Professional involvements—like Inns of Court and voluntary bar associations—are great places to start. Take charge, look for leadership opportunities and ways to shine within the organizations to which you belong. If you don’t see long-term growth potential within an organization, consider dropping it for another involvement.

You should also look for organizations and affiliations that are targeted to your goals, your practice area, and your desired clients. For instance, if you know more generally what you want to do, like be a federal court litigator, then join your local federal bar association.

If you have a more specific area of focus, such as wanting to represent transportation companies in highly complex disputes, then consider joining an organization like the Transportation Lawyers Association. The same rules apply: Look for organizations where you can grow and take a leadership role.

 Make long-term and short-term goals.

If your focus is only the day-in and day-out aspects of being a lawyer, you will easily get bogged down and likely never be happy. Plan for the short term and long term. Pursue professional opportunities, whether that is attending a conference or going to a young lawyer social. More substantive goals should be measurable, actionable, and attainable.

 Find your daily dose of stress relief.

Being a lawyer is stressful. Finding ways to manage stress can help offer a sense of calm. In the legal

profession, time is a commodity—and you are worthy of some of your own time. Setting aside 30 minutes each day (at the same time each day if you can manage it) for something all about you is a good way to bring a small bit of order to your life. And it helps to have an extracurricular activity or community involvement that is—and we cannot stress this enough—100%, completely and totally unrelated to law.

 Know your why.

The incentive structure of most law firms has the end goal of making the firm profitable. Remember that. Before you step foot in your new office, you should know why you are there and what kind of impact you aspire to make during your tenure. It is easy to lose track of yourself in the dayto-day of the practice of law. Find your polestar. Keep asking yourself if you are headed in that direction. And don’t be afraid to decide to change course.

 Remember, this too shall pass.

Challenging cases, difficult clients and tight deadlines are temporary, at least on an individual case level. But everything is relative. You will always have a least favorite case or assignment. Get used to the idea of not having a pristine portfolio of work, at least at first.

Before you know it, your first year will be over. You might feel more settled in your role and have a better idea of whether your firm is a good fit for you. Or perhaps you will feel just as lost as you did on Day One. Now is a great time to reflect on your accomplishments from the past year, look again for your polestar and identify areas of improvement for the coming year. Above all, be kind.

Your one-year mark usually means a new class of firstyear associates are now trying to find their way. Help them if you can. n Dustin M. Paul is a partner and Jennifer L. Eaton is an associate at Vandeventer Black in Norfolk, Virginia. Dustin is a skilled litigator who finds creative solutions for his clients in Virginia state and federal courts. He excels in using the depth and breadth of his knowledge to achieve cost-effective resolution of disputes. Jennifer is a trial attorney who represents businesses—including many in the maritime and transportation industries—in state and federal courts across the Commonwealth. Her representations range from contractual disputes to personal injury defense. Learn more at: www.vanblacklaw.com.

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California Case Summaries New California Civil Cases

by Monty A. McIntyre, Esq. These recent cases summarized by Monty A. McIntyre are from his publication California Case Summaries™. Monty prepares short summaries, organized by legal topic, of every new published California civil and family law case that California lawyers can subscribe to on a monthly, quarterly or annual basis. For more information go to https://californiacasesummaries.mykajabi.com. A California civil trial lawyer since 1980 and a member of ABOTA since 1995, Monty serves as a mediator, arbitrator and referee with ADR Services, Inc. handling cases in the areas of business, elder abuse, employment/wage & hour, insurance bad faith, legal malpractice, medical malpractice, personal injury, real property and wrongful death. To schedule a matter, contact Monty’s case manager Christopher Schuster at ADR Services, Inc. at (619) 233-1323 or christopher@adrservices.com.

CALIFORNIA SUPREME COURT Employment Kaanaana v. Barrett Business Services, Inc. (2021) _ Cal.5th _ , 2021 WL 1166963: The California Supreme Court affirmed the Court of Appeal’s decision, in a wage and hour class action, that the work performed by plaintiff contract workers working as belt sorters for a county sanitation district falls within the definition of public works in the Labor Code and they are entitled to prevailing wages. The issue was whether the belt sorter work qualified as public works as defined in Labor Code section 1720(a)(2). The California Supreme Court ruled that the most reasonable interpretation of “public works” in Labor Code section 1720(a)(2) was that it was not limited by the definition of “public works” related to construction work set out in section 1720(a)(1). The belt sorters’ labor qualified as “public works” under section 1720(a)(2). (March 29, 2021.)

them. In early 2018, the trial court granted plaintiff’s motion to compel arbitration. Judge Shook shortly thereafter served on the parties a disclosure report disclosing two matters, both in 2016, in which he had served as an arbitrator. Defendant then timely filed a notice of disqualification of Judge Shook as the arbitrator based on the disclosure report pursuant to Code of Civil Procedure section 1281.91(b). The arbitrator denied defendant’s disqualification request, and ultimately entered an award in favor of plaintiffs. The Court of Appeal ruled that, despite the 2012 agreement, the arbitrator was a proposed neutral arbitrator for the arbitration under Code of Civil Procedure sections 1281.9 and 1281.91, and under section 1281.91(b)(1). As such, the arbitrator was required to disqualify himself upon defendant’s timely notice of disqualification. The Court of Appeal ruled that the parties could not contract away California’s statutory protections for parties to an arbitration, including mandatory disqualification of a proposed arbitrator upon a timely demand. (C.A. 2nd, February 16, 2021.)

Attorney Fees

CALIFORNIA COURTS OF APPEAL Arbitration Roussos v. Roussos (2021) _ Cal.App.5th _ , 2021 WL 567366: The Court of Appeal reversed the trial court’s order granting plaintiff’s petition to confirming an arbitration award. In August of 2017, plaintiffs demanded arbitration pursuant to an arbitration agreement entered in 2012. In the 2012 agreement, the parties agreed not to contest that Judge John P. Shook would arbitrate all issues with binding authority over

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Attorney Journals Orange County | Volume 183, 2021

Guo v. Moorpark Recovery Service, LLC (2021) _ Cal.App.5th _ , 2021 WL 423563: The Court of Appeal reversed the trial court’s order denying judgment creditor’s motion for attorney fees under Code of Civil Procedure section 685.040. The trial court erred in denying attorney fees. The Court of Appeal ruled that, because the judgment indicated that defendants were the prevailing parties under Code of Civil Procedure Section 1032 and were entitled to recover their costs of suit and reasonable attorney fees in the action, even though no dollar amount was stated in the judgment, they were awarded attorney fees under section 685.040, and judgment creditor was entitled to attorney fees incurred in enforcing the judgment. (C.A. 1st, February 8, 2021.)

Pech v. Morgan (2021) _ Cal.App.5th _ , 2021 WL 926562: The Court of Appeal affirmed the trial court’s orders granting plaintiff attorney’s applications for attachment orders regarding unpaid fees and costs totaling over $821,000. In an action to collect unpaid fees based on breach of a valid attorney fee agreement, the terms of the fee agreement determine the amount of recoverable fees. To be enforceable, the fee agreement cannot be unconscionable. And, as with every contract, the attorney’s performance under the fee agreement must be consistent with the implied covenant of good faith and fair dealing. This requires a court adjudicating a fee dispute to determine, among other things, whether the attorney used reasonable care, skill, and diligence in performing his or her contractual obligations. This standard applies in determining the probable validity of an attorney’s claim for breach of an enforceable fee agreement under the attachment statutes. (See Code of Civil Procedure, section 484.010 et seq). The trial court properly ruled that, in two of the four cases worked on by plaintiff, the parties had entered into valid and enforceable written engagement agreements that complied with Business and Profession Code section 6148’s disclosure requirements.

Regarding the two additional cases without engagement agreements, the trial court properly found defendants impliedly agreed to the specified hourly rates in plaintiff’s other fee agreements based on previous work performed by plaintiff.

The Court of Appeal affirmed the attachment orders because plaintiff had established the probable validity of his claims for breach of the fee agreements. (C.A. 2nd, March 11, 2021.)

Civil Code Ruiz Nunez v. FCA US LLC (2021) _ Cal.App.5th _ , 2021 WL 752644: In a lemon law case alleging violations of the SongBeverly Consumer Warranty Act (Song-Beverly Act; Civil Code, section 1790 et seq.), the Court of Appeal reversed in part and affirmed in part a judgment for plaintiff, following a jury trial, awarding plaintiff damages of $45,378.99, $179,510 in attorney fees, and $31,888.49 in costs. The judgment was reversed because the trial court erred in giving a special jury instruction, requested by plaintiff, and objected to by defendant, stating that if a defect existed within the warranty period the warranty would not expire until the defect had been fixed. This instruction misstated the law and conflicted with another instruction given to the jury, CACI No. 3231, which correctly explains the continuation of warranties during repairs.

The Court of Appeal affirmed the trial court’s order granting defendant’s motion for nonsuit on plaintiff’s cause of action for breach of implied warranty. Defendant was the manufacturer of the car, not a distributor or dealer who sold the used car to plaintiff, and therefore was not liable under the lemon law for breach of implied warranties in the sale of a used car. (C.A. 2nd, February 26, 2021.)

Civil Procedure Crestwood Behavioral Health, Inc. v. Super. Ct. (2021) _ Cal.App.5th _ , 2021 WL 613700: The Court of Appeal denied a writ petition seeking to overturn the trial court’s order denying defendant’s motion to transfer venue from Alameda to Sacramento, where petitioner’s principal place of business was located, in an action filed under the Private Attorneys General Act (PAGA; Labor Code, section2698 et seq.). Ruling on an issue of first impression, the Court of Appeal denied the petition, concluding that venue was proper in any county in which an aggrieved employee worked, and Labor Code violations allegedly occurred. (C.A. 1st, February 17, 2021.)

Manhan v. Gallagher (2021) _ Cal.App.5th _ , 2021 WL 1152394: The Court of Appeal affirmed the trial court’s order setting aside discovery sanctions of $3,360 that plaintiff had obtained against defendant. Defendant’s motion to set aside the sanctions was filed after plaintiff dismissed the action without prejudice. The trial court properly set aside the discovery sanctions after learning from defendant that plaintiff’s attorneys were representing plaintiff without charging any attorney fees.

The trial court was initially inclined to report the matter to the State Bar of California. But, after the attorneys for plaintiff explained that the fee request in the motion for sanctions was an inadvertent error because the associate handling the case did not know the client was not being charged fees, the trial court decided it need not report the matter to the State Bar. On appeal, plaintiff argued the trial court lost jurisdiction to reconsider the sanctions order after the case was dismissed.

The Court of Appeal ruled that the trial court’s authority to reconsider sanctions survived even after plaintiff voluntarily dismissed the action. (C.A. 1st, March 26, 2021.)

Government Guastello v. AIG Specialty Insurance Company (2021) _ Cal. App.5th _ , 2021 WL 650878: In an action where plaintiff sued an insurance company under Insurance Code section 11580(b)(2) after it had obtained a default judgment against a subcontractor who had built a retaining wall that failed, the Court of Appeal reversed the trial court’s order granting defendant’s motion for summary judgment on the basis that the failure of a retaining wall built by the subcontractor occurred long after the insurance policy had expired, and therefore the insurance company had no duty to cover the default judgment. The insurance policy provided coverage based on the timing of an "occurrence." Plaintiff alleged that "continuous and progressive" damage began to occur shortly after the subcontractor built the retaining wall during the policy coverage period. The insurance company disagreed.

The Court of Appeal ruled that the determination of when the occurrence took place was a question of fact requiring the denial of the motion for summary judgment. (C.A. 4th, February 19, 2021.) n Attorney Journals Orange County | Volume 183, 2021

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