Attorney Journal, San Diego, Volume 140 by Attorney Journals

SAN DIEGO

Volume 140, 2015 • $6.95

3 Marketing Activities Attorneys Can Effortlessly Delegate

Cindy Greenway

PROFESSIONAL PROFILE OF THE MONTH

6 Steps to Improve Your Communication Skills

Rick Kraemer

Kimberly Alford Rice

30 Years of Personal and Professional Accomplishments Which All Began with a Camera

Competence = Confidence

Mike O’Horo

Rainmakers Don’t Make Rain. They Just Know When to Carry an Umbrella

10 Ways to Get More Readers and Subscribers for Your Blog

Stephen Fairley

Robert Denney

A Step-by-Step Plan for Encouraging Partner Compliance with Administrative Tasks

Frederick J. Esposito, Jr.

Attorney of the Month

Jude Basile Bar Hopping

2015 EDITION—NO.140

TABLE OF CONTENTS 6 Rainmakers Don’t Make Rain They Just Know When to Carry an Umbrella

by Robert Denney

8 Competence = Confidence by Mike O’Horo

10 6 Steps to Improve Your Communication Skills by Kimberly Alford Rice

EXECUTIVE PUBLISHER Brian Topor EDITOR Wendy Price

12 COMMUNITYnews

14 10 Ways to Get More Readers and Subscribers for Your Blog by Stephen Fairley

CREATIVE SERVICES Skidmutro Creative Partners

ATTORNEY OF THE MONTH

16 Jude Basile Bar Hopping

CIRCULATION Angela Watson

by Jennifer Hadley

PHOTOGRAPHY Bauman Photographers

PROFESSIONAL PROFILE OF THE MONTH 22 Rick Kraemer 30 Years of Personal and Professional Accomplishments Which All Began with a Camera

STAFF WRITERS Jennifer Hadley Bridget Brookman Karen Gorden CONTRIBUTING EDITORIALISTS Robert Denney Frederick J. Esposito Kimberly Alford Rice Mike O’Horro Cindy Greenway Stephen Fairley WEBMASTER Mariusz Opalka ADVERTISING INQUIRIES info@AttorneyJournal.us SUBMIT AN ARTICLE Editorial@AttorneyJournal.us OFFICE 10601-G Tierrasanta Blvd., Suite 131 San Diego, CA 92124 P 858.505.0314 • F 858.524.5808 www.AttorneyJournal.us ADDRESS CHANGES Address corrections can be made via fax, email or postal mail.

by Karen Gorden

27 3 Marketing Activities Attorneys Can Effortlessly Delegate

by Cindy Greenway

28 A Step-by-Step Plan for Encouraging Partner Compliance with Administrative Tasks by Frederick J. Esposito

Editorial material appears in Attorney Journal as an informational service for readers. Article contents are the opinions of the authors and not necessarily those of Attorney Journal. Attorney Journal makes every effort to publish credible, responsible advertisements. Inclusion of product advertisements or announcements does not imply endorsement. Attorney Journal is a trademark of Sticky Media, LLC. Not affiliated with any other trade publication or association. Copyright 2015 by Sticky Media, LLC. All rights reserved. Contents may not be reproduced without written permission from Sticky Media, LLC. Printed in the USA

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Attorney Journal San Diego | Volume 140, 2015

Rainmakers Don’t Make Rain They Just Know When to Carry an Umbrella by Robert Denney Bob Denney is President of Robert Denney Associates, Inc. He and the firm provide management, marketing and strategic planning counsel to law firms and privately held companies throughout the United States and parts of Canada. He has authored or co-authored seven books and has written many articles on these subjects. For information about Bob, the firm and their services, visit their website www.robertdenney.com.

ost law firms, regardless of size, generally depend on a few rainmakers to generate new business. What many lawyers fail to realize, however, is that the ability to develop new business isn’t a natural talent that is bestowed at birth. Most rainmakers are made, not born. In other words, lawyers who learn the basic techniques—and apply them—can generate more new business than they ever thought possible. And in today’s legal market, every firm needs every lawyer, not just the rainmakers, developing new business. Here are some of the basic techniques. • Be the best lawyer you can be. Most rainmakers do excellent work. • Most new business comes as the result of relationships, referrals or reputation. • Develop and maintain relationships with the following: Current clients Prospective clients Referral sources Other attorneys in your firm Your own personal contacts—friends, neighbors, relatives. • If you refer to another lawyer, remember one lawyer’s definition of a good referral: “Can do the work. Won’t steal the client. Will refer back.” • Whenever possible, refer to attorneys in your firm. And educate them so they can refer work to you. • Call each person you refer someone to so they know you made a referral to them and are also ready when your party contacts them. • Don’t try to be a salesperson. It turns most people off. Be a problem solver. • Be a good listener. Hear what is said—and what is meant. • Understand the Principle of Transfer. Non-lawyers are strange people. If they know you are a lawyer, and if they are impressed with you and the way you handle yourself in a non-legal situation, they will transfer this impression and assume you are also a good lawyer. This really means you may be developing business even when you’re not developing business. • Be alert. Many rainmaking opportunities are unplanned and unexpected. The person on the opposite side of your current case or transaction may call you to handle a matter for them tomorrow.

Attorney Journal San Diego | Volume 140, 2015

• Develop marketing habits. No matter how busy you are, call a prospective client or referral source or follow up on a lead every day. • Don’t complain about being too busy or over-worked. That can turn away prospective clients and referral sources. When asked how business is, say “Business is great—but we always have room for good new clients.” • Be active outside the firm. But select only organizations or activities that you believe in and enjoy. Then be a participant, not just a joiner. Develop a reputation as a source of good ideas and a problem-solver. The Principle of Transfer will take over from there. • Never say “no” when a good client, prospect or referral source asks you to participate in a civic or charitable activity. • Get comfortable with social media. • Write for publication (if you have writing ability). This doesn’t have to be for bar journals. There are over 90,000 general, business and trade publications in the United States alone that are constantly looking for material. • Speak (if you have speaking ability). Organizations from the local garden club to the local bar association or the Business Roundtable are always looking for speakers. • When meeting with prospective clients: Interview them first. Get them to discuss their wants, needs and problems. Ask about other issues they may not have thought of. Ask what their budget is or what they expect the legal fees will be. Respond to what they need or want—unless there is an ethical or legal problem. You can’t “sell” a prospect what they don’t need or want. If they are also interviewing other firms or lawyers, ask what their timetable is. If you are making a presentation in response to an RFP, conclude with a statement like: “We would like to represent you and hope you will select us.” You may think that’s obvious, but to the prospect it may not be unless you say it. Sometimes that’s the only difference between you and another lawyer who didn’t ask for the business. Use as many of these techniques as you can—and keep your umbrella handy! n

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Attorney Journal San Diego | Volume 140, 2015

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

ast year around this time, we surveyed lawyers and published the Lawyer Business Generation Confidence Index. We asked them to rate (1-10 scale) their confidence regarding lead-generation, lead-conversion, referral-generation, market positioning, BD skills, time commitment, and overall confidence. The results were eye-opening. In most categories, between 65% and 80% of lawyers rated their confidence at 5 or lower; 70% rated their overall confidence between 4-7. Why do lawyers experience such anxiety about business development? Could it be as simple as the fact that they have so little real experience with it that anxiety is a rational response? I say “so little real experience” because too high a percentage of lawyers’ BD activity is pro forma, i.e., without a concrete, measurable purpose. They do stuff just to do stuff. They don’t review their performance after each interaction, so they don’t know if they’re getting better or not. Many lawyers’ BD habits are vestiges of the era of huge demand that ended in 2008, during which it was sufficient simply to show up and demonstrate that your firm and you had the skill and experience to do the work well. Most lawyers I worked with then claimed, “If I can get in front of the right people, I usually win the business.” Almost none actually measured their win/loss ratio, so they didn’t really know for sure, but I’m sure it felt that way to them because everybody was buying, so there were lots of wins. At the time, a simple count of wins served as the barometer of one’s BD skill. However, in a high-demand market, when everyone is buying, there is no correlation between results and skill. Under such ideal conditions, you’ll get results with or without skill. There’s no real need for skill improvement because things are working well. However, in a buyer’s market, where the supply of lawyers exceeds the demand for them, skill is required, and you have to have a way to discern whether or not you have the skills, and whether or not your skills are improving.

Attorney Journal San Diego | Volume 140, 2015

“If I give you confidence, I can take it away. If you give yourself confidence—through competence— nobody can take it away.” —John Calipari, University of Kentucky basketball coach

Statistics for laterals illustrate this. Most laterals bring only about half of the business they projected they would. Some of the reasons for this are beyond their control, so let’s give them a pass on that part. However, two years later, about 50% of those laterals aren’t still with the destination firm. (I haven’t seen any breakdown of who initiated the separation.) It’s reasonable to suggest that a percentage of those were unable to replace the business they couldn’t bring, and either were “encouraged” to move on, or chose to get out before the encouragement. If in two or three years you can’t replace lost business, you probably never had the skills to begin with. The first step in skill assessment is to know what skills are required for full competence. The list is longer than you may have thought. • Avoid “pitching” behaviors in favor of helping buyers make informed, considered, self-interested decisions about problems of significance. • Maintain significant business acumen and awareness of current business reality. • Avoid “product-centrism,” i.e., an orientation to the merits of the firm’s service products, and resulting inclination to seek demand for one’s own technical specialty. • Avoid “dry holes.” Engage conversations based only on Door-Opening business issues, i.e., for which there is objective, third-party evidence suggesting strategic,

operational or economic consequences of sufficient impact to require decision-making, action and investment. • Recognize the likelihood of multiple stakeholders in this Door-Opening problem at different corporate levels. • Conduct a disciplined investigation of the consequences of inaction (The Cost of Doing Nothing). • Expose each stakeholder’s perception of the imputed or perceived ROI obtainable from successful solution. Use aggregate ROI to maintain premium prices and margins. • Master the process of Stakeholder Alignment leading to reliable group decisions. • Develop relationships based on Professional Intimacy rather than Social Intimacy. • Earn business in a way that does not induce the client to require you to do the work, beyond the degree that you deem strategically appropriate. • Understand, anticipate, and develop a plan to timely obtain

the future resource requirements of a larger practice. • Anticipate product/price maturity and look beyond today’s demand to prepare for a different future. Initiate discussions that cannibalize today’s declining margin services in favor of future premium-price service demand. • Establish a defensible position in an organized market sector containing growing companies with healthy profit margins. • Identify and provide valuable support roles that facilitate subordinates’ contribution and growth, and institutionalize the client, thus avoiding becoming the client-contact bottleneck. • Share origination credit—and client responsibility—freely to enable you to diversify your portfolio and retain key talent. If you aspire to generate a lot of business, reliably and consistently, this is what’s required. It requires a sustained commitment of time, effort, and investment. It’s definitely not for everyone. n

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Attorney Journal San Diego | Volume 140, 2015

6 Steps to Improve Your Communication Skills by Kimberly Alford Rice Kimberly Alford Rice is Principal of KLA Marketing Associates (www.klamarketing. net), a business development advisory firm focusing on legal services. As a law marketing authority, Kimberly helps law firms and lawyers develop practical business development and marketing strategies which lead directly to new clients and increased revenue. Additionally, Kimberly founded Women in the Law Rainmaker Forum to provide women lawyers guidance in professional and career management issues. She may be reached at 609.458.0415 or via email at kimberly@klamarketing.net

hirty-four gigabytes. That’s how much data it’s estimated each American consumes daily via all forms of media: TV, newspaper, Internet, radio, you name it. Statistically, this volume of data comprises 100,000 words on average. These statistics illustrate how noisy our world has become, particularly in the last five to 10 years as emerging technologies place us in the middle of broad communication networks that span the globe. Recognizing that our world is indeed a very noisy place with essentially infinite data and media messages bombarding us at all times requires that we are highly sensitized to our communication styles if we ever want to be heard and perceived as effective communicators, persuaders and people others seek out.

Steps to Mastering Communication Skills for Lawyers Below are six concrete steps lawyers can take to step up their game to communicate effectively. After all, with more than half of a lawyer’s job relying upon the spoken word, perfecting your communication style is a wise investment in your future. 1. Think before you speak. No, really. Human beings have a tremendous capacity to listen, absorb and respond to messages at a relatively high rate. Because of this, it is very tempting to get caught up in the fastpaced process (depending on what part of the country you live), and instead of actively listening and absorbing your audiences’ messages, you volley back and forth in the interaction, sometimes faster than your mind can compute. To become a more effective communicator, you must demonstrate a disciplined approach in your oral communications. Before you pop off a quick response, stop yourself to consider the impact of your words, verifying whether or not it is in your or their best interest

Attorney Journal San Diego | Volume 140, 2015

to respond so quickly. Pouncing too quickly to respond can short circuit the communications process and/ or cause you to suffer the consequences of an ill-timed response. I recommend adopting a 20-second rule. Before you respond, take 20 seconds (at minimum) to consider the implications of your words. Remember, what goes around comes around. You have a choice; make the right one. 2. Consider your audience. Just as important as it is to be mindful of your words, so too should you be mindful of your audience. The same message is not appropriate for every audience. What do I mean by that? As a practicing lawyer, what you say to a referral source about your practice would be different than what you would say to a client or client contact about your practice. Because we create impressions—and yes, visual images in the minds of our listeners—you must be purposeful and careful of how you relate to your audience with your words. Practice is required to perfect this skill. 3. Listen first and second, then speak. We have all heard that we have two ears and one mouth for a reason. Simply put, we do not learn when we are speaking. It is imperative that as professional services providers you actively listen to clients, colleagues, referral sources, networking partners, and so on, to learn how you might support and help them (e.g., business opportunities). Impossible as it is to spew out all the ways we are qualified to “help” others, it is just poor form to do so before understanding what the needs are. Listen up, and you’ll be surprised at what you might learn and the opportunities that present themselves.

5. Accentuate the positive; look inside first. When we choose to lead with the negative we often are talking only to ourselves. Nobody wants to listen to negativity, especially when there is so much that is negative coming at us in the media. To become a more effective communicator, check that you are not guilty of spreading negativity to others in your conversations, presentations and in networking situations. The positive approach can be learned via disciplined practice and/or having a pal send you a signal if you go off the “positive” reservation. 6. Make every word count. KISS—keep it short and simple. Do not belabor a point. Do not offend your audience by offering too many examples when they understand your point in one. Treat words as the golden charms that they are. There is no glory in pontificating your message to feed an ego or to merely fill space. We simply have too many words in our day to waste the excess unnecessarily.

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Becoming a more effective communicator requires a concerted effort on your behalf that entails practice and a willingness to adapt to new ways of thinking. Few things have more of an impact than to present your well-crafted message and to be understood through the spoken word across all platforms. Making a presentation to an audience of clients and trade contacts and moving people to action based on your words, that is success. n

4. Mind the communications gap. Too many miscommunications occur when we “think” we told someone (message sent) but find later either we did not or the listener did not remember it (message received) the way we intended. It matters not where the miscommunication occurred, but rather how to avoid miscommunications. First, refer to tip #1 above: Think before you speak to ensure that you are in control of your message. Second, to become a more effective speaker, it is advised to confirm with your audience that the message received is the message you intended to send. How do you do this? Ask for feedback, e.g., “Are you with me?” and “Does this make sense?” Adapt these feedback questions to your natural communications style, and you will likely see eyes light up when you speak.

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888.920.EXEC (3932) Attorney Journal San Diego | Volume 140, 2015

COMMUNITY news n Allen Matkins has announced the hiring of real estate attorney Jonathan D. Consani in its San Diego office. As a member of the firm’s renowned Real Estate Department, Jonathan will focus on a variety of commercial leasing transactions and land use matters. Jonathan’s commercial real estate experience stems from assisting JONATHAN D. CONSANI global brokerage firm CBRE’s inhouse legal team on a broad range of issues. In this role, he would review and update tenant, listing and brokerage agreements, amend property management contracts, assist with commission disputes, research and analyze contested contractual terms, and evaluate the firm’s corporate compliance practices, including its ownership and governance of international subsidiaries. Jonathan received his bachelor’s degree, magna cum laude, from Chapman University, and his juris doctorate, cum laude, from Loyola Law School. As an undergraduate, he served as a portfolio manager for Chapman University’s Student Managed Investment Fund, as well as a legal intern for a boutique law firm in Orange County. While attending law school, he served as a law clerk at First American Title Insurance Company, prior to his in-house legal position at CBRE. n Wilson Turner Kosmo LLP, a San Diego-based litigation law firm serving national, regional and local clients, is pleased to announce that the firm’s name partner Vickie Turner has been named Woman of the Year for the California 79th Assembly District. Turner lives in the district, which includes Chula Vista, San Diego, La Mesa, Lemon Grove and VICKIE TURNER National City. Turner received the honored based on her services to the youth in the San Diego community, including presentations to high school students on voter registration, mentoring high school students in local leadership programs, and serving as president and founder of the Turner Dream Foundation, a nonprofit organization formed to provide assistance to students from underrepresented communities by encouraging leadership and high academic achievement. She is also an active member of the San Diego Chapter of Links, Inc. where she has focused her efforts on developing and directing a Science Technology Engineering Math (STEM) program emphasizing robotics for fourth – eighth grade students.

n Kilpatrick Townsend & Stockton announced that it has named Bill Shaffer managing partner of the firm’s San Diego office. Mr. Shaffer, who is a member of Kilpatrick Townsend’s Executive Committee and has been with the firm for more than 22 years, succeeds Ken Jenkins. Before moving to San Diego in 2013, Mr. Shaffer also served as managing partner of BILL SHAFFER Kilpatrick Townsend’s Silicon Valley office. He also served as Co-Managing Partner of predecessor firm Townsend and Townsend and Crew for six years. Mr. Shaffer focuses his practice on patent prosecution and counseling, patent portfolio building/management, patent analysis and post-grant patent procedures, including reexamination and reissue proceedings. He has been the lead or co-lead attorney for a dozen reexaminations, including both inter partes and ex parte matters, many of which involved patents in litigation, representing both patent owners and challengers. Mr. Shaffer received his J.D. from Southern Methodist University School of Law and his B.S. in Electrical Engineering and Computer Science from Vanderbilt University. n Certified Family Law Specialist and military reservist attorney John H. Schweitzer has launched Schweitzer Law Group, a boutique San Diego-based law firm dedicated to helping women and men across the country and overseas navigate the complex legal process surrounding family and military law. Schweitzer Law Group’s highly regarded team of legal professionals JOHN H. SCHWEITZER specialize in all areas of law affecting families including divorce, legal separation, spousal and child support, child custody, paternity, restraining orders and more. The firm also has a unique specialty in military issues, particularly in the area of interstate and international jurisdiction and security clearances (PCLs and FCLs), and supports service members locally, nationally and internationally. A graduate of Thomas Jefferson School of Law, Schweitzer spent five years on active duty with the United States Marine Corp as an officer in charge of legal and served in both Operations Enduring Freedom and Iraqi Freedom. He currently serves as a major in the Marine Corps Reserves.

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Attorney Journal San Diego | Volume 140, 2015

Email it to PR@AttorneyJournal.us

COMMUNITY news

CHRIS HOFFMAN

REGINA PETTY

JIM FESSENDEN

DAVID MONKS

n Fisher & Phillips LLP is pleased to announce that three of its San Diego attorneys, founding and managing partner Chris Hoffman and partners Regina Petty and David Monks, were selected by their peers for inclusion in 2015 San Diego Super Lawyers, and partner Jim Fessenden is listed in Rising Stars. Hoffman represents employers in matters ranging from class-action litigation to traditional labor matters and general employment advice. Petty practices in state and federal courts at the trial and appellate levels and has extensive experience in multidistrict and class-action litigation. She advises and handles litigation for private and public employers. Monks counsels employers on a wide variety of matters, including employee discipline and termination, wage-and-hour issues, disability accommodation protocols, family and medical leave issues, investigations of harassment and other misconduct, and independent contractor issues. Fessenden represents employers in all aspects of employment law in both state and federal courts, and before administrative and governmental agencies. Fessenden has argued before the California Court of Appeal and numerous trial courts and administrative agencies. n Fish & Richardson is pleased to announce that principal Lisa Martens has been installed as chair of Athena San Diego’s 2015 board of directors. Athena is an organization that fosters and promotes personal and professional growth through unique educational and motivational programs that address key issues in life science, healthcare, defense, engineering and other related industries. Athena also provides networking opportunities that contribute to the vitality of women’s roles in business and nurtures the next generation of women executives. LISA MARTENS “In the coming year, the board and I will be focusing on the power of the Athena network,” says Martens. “We will also be concentrating on expanding the resources we provide to our sponsors and members.” In addition to Martens, the other elected board officers are Karen Fisher of the OneRoof Energy as vice chair and Julie Burgess of Otonomy, Inc. as treasurer. n Ranked among the top five percent of San Diego attorneys, all seven CaseyGerry partners—Wendy Behan, Gayle Blatt, David Casey Jr., Robert Francavilla, Thomas Luneau, Thomas Penfield and Frederick Schenk—have been recognized as 2015 San Diego Super Lawyers. Additionally, David S. Casey Jr. was ranked among the Top 50 San Diego Attorneys, Gayle Blatt highlighted as one of the Top 25 Women San Diego Attorneys and associate attorneys Angela Jae Chun, Srinivas Hanumadass and Jason Evans featured as San Diego Super Lawyers Rising Stars. GAYLE BLATT Each year, Super Lawyers ranks the top attorneys in San Diego, as well as other select regions throughout the United States. Only five percent of San Diego attorneys are named Super Lawyers. Meeting Super Lawyers’ rigorous standards, the seven CaseyGerry partners and three associate attorneys all have considerable expertise in all aspects of consumer law.

Attorney Journal San Diego | Volume 140, 2015

Ways to Get More

Readers and Subscribers for Your Blog by Stephen Fairley

etting a sustainable source of traffic for your blog is a challenge for every content marketer, and it takes a concerted effort over time to build an audience. Market research tells us that there are some very effective tactics you can use on your website and blog—as well as in your e-newsletter—to get more subscribers for your blog.

1. Home Page Opt-in Form.

Place at least one opt-in form on your home page in a prominent location that asks readers to sign up.

2. Great Offer. Make a compelling offer of a free report or e-book that visitors to your blog can download by providing you with their email address. For people who aren’t ready to call you today, give them an incentive to connect with you via an educational report or webinar answering their top ten questions.

3. Blog Opt-In Form. Place another opt-in form at the end of each blog post and in the sidebar.

4. Dedicated Landing Page. Have a landing page on your site that is dedicated solely to collecting new blog subscribers. This content for this page will be your offer of a free e-book or report and will include a “Subscribe Now” box for your e-newsletter.

5. Call-to-Action. Have a crystal-clear call-toaction that gently nudges visitors to sign up.

6. Fewer fields. The most successful opt-in forms are those with the fewest fields. Use no more than four—first name, last name, phone and email. 14

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7. About Page Opt-In Form. The “About” page is one of the most visited pages, so having an opt-in form on this page can convert some of those visitors to subscribers.

8. Popups and Sliders. Having a popup or slide-in form can increase sign-ups significantly.

9. Testing.

Test headlines and calls-to-action to see which words or phrases resonate with your target audience.

10. Social Media. Promote your blog and e-newsletter to followers on your social media pages. Tell them how to sign up to keep in touch with you. Some of these will perform better for you than others, so keep testing and tweaking until you strike the right balance that interests your prospects enough to sign up. Stephen Fairley is the CEO of The Rainmaker Institute, the nation’s largest law firm marketing company specializing in lead conversion for small to medium size law firms. Over 9,000 attorneys nationwide have benefited from learning and implementing the proven marketing and lead conversion strategies taught by The Rainmaker Institute, LLC. He works exclusively with attorneys to find new clients fast using online and offline legal marketing strategies and to convert more prospects into paying clients using automated marketing and by fixing their follow up systems. Stephen is a nationally recognized law firm marketing expert and the international best-selling author of 12 books, a library of cutting edge webinar programs, and 10 audio and video training programs.

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BAR HOPPING From his family-owned neighborhood bar in western Pennsylvania to the elite national plaintiff’s trial Bar, Jude Basile, Of Counsel with Gomez Trial Attorneys is one of the nation’s most renowned and fascinating attorneys.

BY JENNIFER HADLEY

here is no disputing the fact that Jude Basile is one of the foremost trial attorneys in the nation. After all, he’s a member of the Inner Circle of Advocates, one of the most prestigious groups of plaintiff trial lawyers in America, limited to just 100 lawyers in the United States. He’s also a Board Member, Faculty Member and Past President of The Trial Lawyers College, where he has been instrumental in developing and teaching the curriculum at the college founded by Gerry Spence. To boot, Consumer Attorneys of San Diego have awarded him 7 separate “Outstanding Trial Lawyer” awards. Basile has also been named “Trial Lawyer of the Year” by peer groups on four different occasions. Yet what is so remarkable about Basile isn’t that he’s accomplished so much, even though he came from humble beginnings. Nor is he particularly unique because he admittedly wasn’t any kind of academic superstar. Instead, what makes Basile such an anomaly amongst attorneys is both how he practices law, and how he practices living a balanced life. “I try to focus on being a human being, not a human doing,” he says. Basile explains, “It is my limited case load that allows me to intensely focus on a case without distraction. I spend lots of time in nature, hiking and contemplating. Balance is sought and is the key to success. I often see lawyers who work themselves crazy with cases, and think: Why? Less is often more, and gratitude is realizing what you have is enough. My biggest satisfaction comes when jurors and the people I represent tell me: ‘You certainly are not what I thought a lawyer was. You are a real person.’”

Attorney Journal San Diego | Volume 140, 2015

Indeed, Basile’s noticeable lack of greed, his disdain for the word “client,” and his absolute devotion to living a life of spirituality through consistent meditation and a connection to nature, make him quite frankly, fascinating. Although he lived and practiced law in San Diego for roughly 20 years, these days the Basile Law Firm is based in San Luis Obispo, CA. Still, Basile handles cases throughout the state, and now spends several days a month at the Gomez Trial Attorneys. “I live in the woods in a small town. I take time each day to meditate, exercise and be close to nature, constantly relating to life in our world. That’s where the story of each case is closely discovered and developed in order to reach a group of humans— the jury. My cases are not prepared for adjusters, insurance companies or mediators, but for people who are motivated to listen, understand, and apply justice. This is achieved by telling a compelling story,” he says. “My career has been devoted to developing the skill of discovering and communicating a powerful story to move people.”

The Beginning: An Aversion to Bullies “I grew up in Western Pennsylvania, one of six children. My dad owned a local bar and restaurant in a coal mining and steel worker town. He constantly struggled with unfair government that shut him down when I was young. I also had a friend killed by a tractor trailer when he was 19. I grew up hating bullies,” Basile recalls. However, he did love sports. As a college athlete, Basile admits, “I did not have good grades nor money. I was intimidated by

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applying to law school. But Western State University College of Law (now Thomas Jefferson) had a ‘whole person’ policy of admission. They gave me a phone interview for about an hour and an half. I guess that got me in,” he says. “The law school was only two blocks from the court house. I would go and watch trials every free moment. I was not from California and knew no one. My uncle would send me $20/ week for food, and I rode the bus to class. I had no contacts, no connections and no money,” he says. However, what Basile did have was an uncanny ability to break complex information down into simple terms. In others words, he could tell a story in a way that others understood and identified with, regardless of subject matter. “My first semester in law school we were given a practice essay to complete. I remember the professor showing us a terrible example, and then reading us a good example. The good example was my essay, which I had answered in a simple, direct way. That stemmed from the culture I grew up in. I grew up honest, direct, and learned to keep things simple. There is nothing more powerful in a story than presenting the truth of injustice in a simple way.” It was precisely the desire to right injustices he saw as a child which determined the area of law Basile would ultimately practice. “Representing real people is the highest calling. I could not practice any other area of law. The people I represent—I hate 18

Attorney Journal San Diego | Volume 140, 2015

the use of the word client—are individuals and families who have been treated unfairly, unjustly or intentionally harmed. They are people who have been saddled with a terrible situation and need help. Usually it is some corporate policy, practice or government abuse that has caused the harm. I also look to see how the case can make the community safer and better for all of us,” he says. Incidentally, it was also during law school that Basile would be introduced to, and consequently fall in love with, the Central Coast of California. “I took a trip to Big Sur in a borrowed car and it touched me spiritually. The confluence of the mountains, the air and the ocean against the cliffs was incredible and I always knew I wanted to get back there,” he says. After being sworn into the Bar in 1982, Basile would spend a few years cutting his teeth with various firms, a city attorney’s office, and a district attorney’s office, before establishing a private practice in 1985.

Second-to-None Storyteller Basile’s gift for telling compelling stories was further enriched early in his practice, by none other than Gerry Spence. “I have been mentored by him throughout my career, and he opened a huge door for me,” he says. In fact, it was when Basile was attending the first Trial Lawyers College in 1992, that he met a second, invaluable mentor. “Don Clarkson is not a lawyer but a specialist

in Group Dynamics. He taught group dynamics and group therapy for many years at Howard University in Washington D.C. I have worked closely with him each year since then. He has helped me understand groups, how they are formed, how they determine leaders, how they make decisions, what brings a group together, what can make a group divisive, and many other aspects of group dynamics. But the most important thing he taught me that has shaped me both personally and professionally is how to find one’s self, and discover who we are, and how to truly listen not only to others, but to our own truth,” Basile says. It is the understanding of both himself, and of the juries that he will ultimately be talking to, that Basile credits for his unparalleled success. “The only real power individuals often have left is taking their case to a jury of individuals from the community. All of my cases are prepared to present to a jury,” he says. To that end, Basile invokes the use of focus groups extensively. “I often will enroll focus group members as though they are part of the defendant organization or have them get in touch with what is moving them deeply in the story.” As far as his role as the trial attorney is concerned, Basile says that working with Clarkson helped him to understand who he was, as not just an attorney, but as a man of compassion. “I immerse myself in the lives of those I represent,” he says. “Every case is a landmark case for the people I represent. The cases are very significant in their lives, and in their families.”

For these reasons, Basile intentionally limits the number of cases he takes, but he is not afraid to take on even the biggest corporations, or government agencies. “When I see a wrong that has been committed, particularly if it has the potential to reach a broad section of the population, I’m always interested,” he says. Whether that be a police department, a large corporation, or others, when Basile recognizes that an injustice may happen again and again, unless someone fights to have practices and policies overturned, he says that the desire to fight for what is right kicks in automatically. He is sincere when he says that he hopes that up and coming attorneys feel that same sense of passion for helping others. “I would challenge any new attorney to look closely and ask themselves why they do what they do. If it is all about the money, fancy clothes, and homes, then I would hope that they would do something else. But if it is about being a trial lawyer and communicating with the only people that corporate and big government wrongdoers fear—the jury—then do it.”

Past, Present & Future with Gomez Trial Attorneys Basile recalls that he recognized exactly these attributes in John Gomez, before he had even formally met him. “I was contacted to work on a very serious brain injury case with Mike Marrinan.

Contact: Jude Basile Of Counsel, Gomez Trial Attorneys www.basilelaw.com www.gomeztrialattorneys.com jude@basilelaw.com pr@gomeztrialattorneys.com 619-237-3490 20

Attorney Journal San Diego | Volume 140, 2015

» EDUCATION • Edinboro State College, B.A., 1976; Indiana University of Pennsylvania, M.S., 1978; Trial Lawyers College, 1994 • Thomas Jefferson School of Law, J.D., 1981

» MEMBER • Inner Circle of Advocates - “invitation only group limited to 100 of the best plaintiff trial lawyers in America” • Black War Bonnet Society - “invitation only group of people demonstrating personal, intellectual and spiritual growth while helping others”

» EXPERIENCE • Volunteer Counsel New Camaldoli Hermitage, Big Sur California • Developed and Expanded Curriculum at The Trial Lawyers College • Personally selected by legendary trial Lawyer Gerry Spence to succeed Spence • Past President Trial Lawyers College • Numerous 7 and 8 figure verdicts • “Of Counsel” exclusively at Gomez Trial Attorneys

» AWARDS • 7 times Outstanding Trial Lawyer, Consumer Attorneys of San Diego • 3 times Trial Lawyer of the Year Central Coast Trial Lawyers • Trial Lawyer of the Year Consumer Attorneys of San Diego

EXPERIENCE

When speaking with the person we were going to represent, they had told us they had spoken with John Gomez as well. John apparently told them that they couldn’t do better than hiring Mike and I, and that if we were willing to take their case, they should work with us. When I heard that, I remember thinking: Who is this Gomez guy?” In time, Basile reached out and personally invited Gomez to attend the Trial Lawyers College. But it was just over a year ago that the two realized that collaborating might just be a brilliant partnership. “John offered to let me use his office while I consulted on a case in San Diego about a year ago. I saw the young, brilliant attorneys at Gomez Trial Attorneys who were all very passionate about the people they were representing. They were all so open to learning new methods of doing things,” Basile says. From there, the two determined that Basile would serve as Of Counsel to the thriving firm and the resulting relationship has been rewarding for both Basile and the team of attorneys at Gomez Trial Attorneys. “John Gomez has given me tremendous satisfaction in working a few days each month with his staff of brilliant people. I continue to learn new things myself in working with these young, smart, caring people. They are truly the future of plaintiff lawyers.” Through the alliance, Basile is able to continue his statewide practice from his home base in Cambria, while retaining a strong presence in San Diego, including his membership in Consumer Attorneys of San Diego. He is also able to focus on his own personal and spiritual growth in the area of California that captured his heart as a law student. A member of the Black War Bonnet Society, an invitationonly group which requires a silent retreat each year, along with physical, mental and spiritual practices, such as anonymously helping the less fortunate, Basile says he hopes his fellow attorneys find their own truth through a creative or spiritual endeavor. His suggestion for how other attorneys can achieve this level of success, satisfaction, and balance? “Do something each day to expand your understanding of human nature and human behavior. Have a creative activity like writing, storytelling, photography, poetry, or dance. Keep developing as a human being, and you won’t get stuck in the rut of constant analytical legal beagle thinking. Life is so busy. But the inner power we have, if we quiet ourselves and listen, if we take the time to stop and just be, will help us all to become more compassionate, and more intuitive in all of our endeavors.” n

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Marketing Activities Attorneys Can Effortlessly Delegate

by Cindy Greenway MANY ATTORNEYS STRUGGLE to market their firms effectively

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

• Sending a periodic ezine or other electronic newsletter is still a must-do legal marketing strategy. • Have a template designed for your newsletter • Schedule when the ezine will be sent to subscribers • Identify the software program you will use to deliver the newsletter • Draft new copy or pull copy from your blog for the ezine • Confirm offers/calls to action 3. RESEARCH POTENTIAL SPEAKING OPPORTUNITIES Do you wish local organizations and associations would call you to speak at their events? Speaking is an excellent opportunity to build your credibility and visibility. But effective speeches are not off-the-cuff. They take time to prepare and time to deliver—time away from your practice. To ensure that you use your time effectively, you should delegate: • Researching potential associations/organizations where you can speak to your specific target market • Documenting contact information, website links, upcoming events and membership details of any organizations that you would like to contact to ask for them to have you speak • Researching upcoming workshops, seminars and conferences that may be looking for an attorney with your specialty Your law firm staff can assist you with marketing efforts. Determine which activities are most important to you, then speak with your staff to identify the best person to assist with the tasks. n Cindy Greenway is the Editor-in-Chief of LawMarketing.com, the premier online resource attorneys and legal marketers turn to for information on the business side of law. She is passionate about online marketing and helping attorneys stay up-to-date with the most current marketing strategies available to support the growth of their law practices.marketing@consultwebs.com, lawwebmarketing.com, 800-872-6590. Attorney Journal San Diego | Volume 140, 2015

A STEP-BY-STEP PLAN FOR ENCOURAGING PARTNER COMPLIANCE WITH ADMINISTRATIVE TASKS

by Frederick J. Esposito, Jr.

any firm managers and administrators have experienced no place on their to-do lists. But some lawyers (with the exception the challenge of asking partners to comply with adminof solo practitioners) may not fully comprehend the impact that istrative tasks such as entering time, reviewing billings tasks such as keeping contemporaneous time records, billing and collecting aged receivables. Some in management accept dequickly and accurately, and collecting receivables in a timely way feat and live with the status quo, while others try enforcement has on the firm’s cash flow and ultimate profitability. They may tactics that “punish” partners for their lack of compliance. The figure that as long as they’re receiving their draws, distributions punitive approaches include fining partners for missing time and or paychecks, everything is fine. There may be little motivation by Jenniferto Hadley more extreme actions such as withholding draws, distributions comply, even in firms with compensation systems that provide or paychecks, which can have serious ramifications in the firm. incentive for compliance. As Charlie Duggan used to say, “We’re interested in compliance, Therefore, to get away from these conventional mind-sets, which is what the neighbors seem to want. Some want punishthose in management need to be proactive about sensitizing ment, but that’s not always the best thing.” partners to the business end of the law firm and why The question then becomes, instead of enforcing partner compliance with administrative tasks is critical, not only to compliance, how can firms successfully encourage it? The crux their individual performance but that of the firm—and how is understanding what is at the root of compliance issues. the lack of compliance can impact them individually and collectively. Without proper understanding of each individual TAKE A STEP BACK AND ADDRESS partner’s necessary contribution to the whole, despite the best CONVENTIONAL THINKING of incentives or otherwise, compliance will be limited. Once Many partners dread keeping tabs on their administrative tasks and you have made clear the individual and firm benefits, you have often think of it as “the worst part of law firm life.” To compound a far better chance of achieving compliance. the issue, partners don’t like to be reminded that they are missing So if the goal is to achieve partner compliance by time or that their billing is overdue or that their collections require “encouragement,” not enforcement, how does the firm get attention and, as a result, treat it all as an afterthought. Also, some started? Here is a plan to help you. partners may think that anything other than actual legal work has

Attorney Journal San Diego | Volume 140, 2015

SCHEDULE SHORT BUT REGULAR PARTNER SEMINARS Regular seminars provide consistency and continuity in learning, helping to reinforce concepts and reduce backsliding. An hour per seminar is usually sufficient, so they can be done in a lunch-and-learn format. The key is to keep the seminars brief, engaging and focused on one concept at a time. For example, one month the partners could review the importance of contemporaneous time entry and the impact it has on potential billings and collections. The next month’s seminar could take the time-entry discussion a step further and discuss how billing write-downs and accounts receivable write-offs affect profitability. As each month’s topics are discussed and questions raised, it will provide topics for further seminars. For example, after the session on write-downs and write-offs, the next seminar could open the door to additional profitability and “loss prevention” topics, such as addressing the effectiveness of engagement letters and other components that improve the firm’s performance. An essential element for success is to provide a take-away from each seminar, offering practical suggestions for improvement that can be implemented right away. By consistently building on the monthly topics and their takeaways, the partners will become more invested and gain a better understanding of the components involved. In the process, compliance will improve and become less of an issue over time.

FIND THE RIGHT PRESENTER Success in educating partners also requires identifying the right presenter, someone who can effectively convey the importance of concepts such as contemporaneous timekeeping, billing and collections, and individual and client profitability. To ensure the partners have trust and confidence in what is being said, credibility is essential. In most cases, the firm administrator or another in-house expert, such as a respected compliance-minded senior partner, is best suited to the task because partners already know and generally trust these individuals. Overall, though, it will hinge on their knowledge, credibility, presentation skills and ability to motivate and engage the partners. If the firm lacks the necessary talent or expertise, you should consider outside consultants. But if you can identify an in-house “star” resource, the chances of success are better.

GRAB ATTENTION WITH RELEVANT STATISTICS Statistics and applicable quotes can be very effective in capturing partner attention, particularly when they’re used at the start of a seminar. Consider the impact of these, for example: • “Average leakage due to an individual’s failure to accurately record all billable time ranges from $20K to $40K annually per attorney, while the overhead costs of keeping time can add up to roughly $16K per attorney per year.”

• “Attorneys who keep contemporaneous time records enjoy 25 to 40 percent higher income than those who don’t.” Statistics like these can have real meaning and provoke thought, especially if the statistic is going to shine a light on increasing or decreasing firm revenues or increasing or decreasing partner profits. To make your case, make sure all statistics come from reputable legal management sources (like the American Bar Association or well-regarded law firm management consultants). Not only will solid statistics give your seminar credibility, they will help make an impact on partners and help get you the needed buy-in.

ENGAGE WITH INTERACTION AND HUMOR Apart from complying with administrative requests, the last thing most partners enjoy is sitting through seminars. The challenge, then, is to keep them away from their cell phones and PDAs by making the educational experience interactive and engaging. PowerPoint presentations have their own stigma for being boring and stilted, but if they are well organized, concise and visually appealing, with colorful clip art, a touch of animation and applicable photos, it will carry your message a long way. Pose scenarios and ask pointed questions, too. Reinforce the concepts discussed using step-by-step examples to illustrate the process and facilitate discussion. The secret is to educate in a relaxed forum, keeping it light and, most important, injecting some fun. A simple, innocuous question specific to a practice area, delivered with a touch of humor, can often facilitate a meaningful discussion. If you design the presentation to be an informative and entertaining “page-turner,” partners will stay focused and be more likely to remember it.

PROVIDE MEANINGFUL REPORTING AND INFORMATION TO INTERPRET IT After a few seminars, partners will better appreciate the importance of complying with administrative tasks, but they will need to see some results of their compliance. Many partners already receive monthly management and financial reports, which may end up lost in a pile of paper because it doesn’t seem to apply to them. It’s important to make sure partners are receiving reporting that is concise and responsive to their individual needs and practices. At minimum, they should be receiving an aged work-in-process (unbilled fees/expenses) report, an aged A/R report for all aged accounts over 60 days and a billable-hours report on a monthly basis. For more concise reporting, include a “fiscal snapshot” report showing all of the key information for the current and prior year on one sheet. Key information includes: • Total billings and collections • Aged A/R and work in process • Billable and non-billable hours • Time write-downs and write-ups

Attorney Journal San Diego | Volume 140, 2015

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• A/R write-offs • Billing/collection realization rates • A profit/loss summary If you can provide simple graphical analysis (e.g., bar graphs), even better. Statistics and analysis that can be illustrated will go a long way in gaining interest and understanding—and often partners will even request additional reporting to better understand and reconcile the fiscal snapshot.

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KEEP EDUCATING Once the partner education process begins, strive to continue it daily. If you read a good article on billing practices or another management topic, forward it to your partners for their “FYI.” The goal is to keep partners regularly in sync with the economics of the firm, so compliance with tasks such as time entry, billing and collections becomes more of a daily routine and not a hindrance. Follow these steps to encourage compliance with administrative tasks and not only can you improve overall compliance, but some partners will likely become rejuvenated and take greater interest in their practice and firm performance. It’s a win-win scenario— your partners benefit and your firm benefits. The key is to keep educating at every opportunity. n

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Regular meetings with individual partners will reinforce education and help get ongoing buy-in for compliance. During each meeting, it’s important to take the time to review the monthly reporting with the individual partner and highlight areas that need to be addressed. Review the billing, collection and profit/loss performance on the partners’ work and their clients’ matters, and discuss whether, where and how improvements can be made. Taking the time necessary to help partners understand and develop action plans to maximize profits is time well spent and will create a sense of accountability. Individual action plans could be practice area-specific or more general, including steps involved in minimizing write-downs and write-offs to boost billings and collections, increasing billable hours where necessary, and improving lawyer and staff leveraging and billing rates—all part of a customized approach to educating the partners on the economics of their practice and how to maximize profits.

7/12/13 5:04 PM

Frederick J. Esposito, Jr. is Executive Director of Rivkin Radler. He has more than 20 years of law and accounting firm experience. He writes and speaks extensively on legal management topics, including billing, collections, financial and profitability models, risk management, human resource development, project management and alternative fee arrangements. Follow him @ lawmgtguru. This article originally appeared in the Volume 36, Number 6, Page 36 issue of Law Practice, a publication of the ABA’s Law Practice Division.

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