Attorney Journal, San Diego, Volume 152 by Attorney Journals

SAN DIEGO

Volume 152, 2016 â&#x20AC;˘ $6.95

The 5 Truths Every Attorney Needs to Know About Referrals Shedding Your Excess Workload

Norm Hulcher Is Your Vocabulary Costing You Money?

Tom Hopkins

Stephen Fairley

Motivate Clients and Prospects with the Fear of Loss

Trey Ryder

The Art of Error Recovery

Norm Hulcher

Practical Ideas on Client Development for Associates

Cordell M. Parvin

Attorney of the Month Law Offices of

Alisha A. Wood, Against All Odds

San Diego

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2016 EDITION窶年O.152

TABLE OF CONTENTS 6 Motivate Clients and Prospects with the Fear of Loss by Trey Ryder

8 The Art of Error Recovery by Norm Hulcher

12 COMMUNITYnews

EXECUTIVE PUBLISHER Brian Topor

14 The 5 Truths Every Attorney Needs to Know About Referrals by Stephen Fairley

EDITOR Wendy Price

ATTORNEY OF THE MONTH

16 Law Offices of Alisha A. Wood, San Diego Against All Odds

CREATIVE SERVICES Skidmutro Creative Partners CIRCULATION Angela Watson

by Karen Gorden

PHOTOGRAPHY Chris Griffiths STAFF WRITERS Jennifer Hadley Bridget Brookman Karen Gorden CONTRIBUTING EDITORIALISTS Trey Ryder Stephen Fairley Norm Hulcher Cordell M. Parvin Tom Hopkins WEBMASTER Mariusz Opalka ADVERTISING INQUIRIES info@AttorneyJournal.us SUBMIT AN ARTICLE Editorial@AttorneyJournal.us OFFICE 30211 Avenida De Las Banderas Suite 200 Rancho Santa Margarita, CA 92688 www.AttorneyJournal.us ADDRESS CHANGES Address corrections can be made via fax, email or postal mail.

22 Practical Ideas on Client Development for Associates by Cordell M. Parvin

24 Shedding Your Excess Workload by Norm Hulcher

28 Is Your Vocabulary Costing You Money? by Tom Hopkins

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 2016 by Sticky Media, LLC. All rights reserved. Contents may not be reproduced without written permission from Sticky Media, LLC. Printed in the USA

“Rick is one of the best lawyers in the country. I call him every time I have any issue in Nevada and would not hesitate to refer him any type of case of any size. We recently settled a significant case in Nevada after two days of mediation. Rick was masterful in dealing with the retired judge mediator, the defense team, and our clients, and he maximized the recovery. Whenever I need anything in Nevada, the Richard Harris Law Firm is there for me.” ~ C. Michael Alder, Esq., Alder Law

CAALA Past President and Trial Lawyer of the Year 2004 Los Angeles, California

“I recently co-counseled a serious Las Vegas injury case with Rick Harris and his law firm. Rick’s advocacy and skills are extraordinary, and were instrumental in resolving and maximizing our client’s sizable recovery. The case was expertly worked up, litigated, and masterfully mediated. Everyone I worked with on Rick’s team was outstanding. For either a referral or a co-counsel arrangement, I wholeheartedly recommend Rick and the Richard Harris Law Firm for any Nevada case.” ~ Carl Wolf, Esq., Callaway & Wolf Northern California Super Lawyer 2010 San Francisco, California

ne commonly overlooked motivator is the fear of loss. Remember this rule: The fear of loss is greater than the desire for gain.

HERE’S AN EXAMPLE: To illustrate the desire for gain, let’s say I’ll give you $20 if you do something for me. Depending on how much you value $20, you may or may not do what I request. To illustrate the fear of loss, let’s say that you must take a certain action or you have to pay me $20. Did you notice how much differently you felt when I said you might lose $20? As a rule, people think much more seriously about what they stand to lose than what they stand to gain. Although, both can be powerful motivators.

Motivate Clients and Prospects with the Fear of Loss

HOW DOES THIS WORK FOR YOU? When you explain to prospects how they will benefit from hiring your services, also make sure you point out what they will lose if they don’t hire you. Fear of loss also includes staying in your present circumstances and not improving your situation. “Mr. Prospect, if you decide to hire me, I’ll work hard to bring you the positive results you want. But if you decide to wait and see what happens, you can expect your situation to continue and, perhaps, grow even worse.” The more specifics you include in your explanation, the more persuasive it will be. In all aspects of your marketing message, tell prospects the positive reasons they should hire your services. And tell them what they stand to lose if they allow their present circumstances to continue—because the fear of loss is greater than the desire for gain. Fear is one of the most powerful motivators we know, and yet one that is often overlooked. n

by Trey Ryder 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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6 Attorney Journal San Diego | Volume 152, 2016

The Art of

ERROR Recovery

When you make a mistake that puts a client behind the eight ball, your appropriate response can salvage—and even strengthen—the client relationship

hen Alexander Pope wrote, “To err is human, to forgive divine,” he probably hadn’t just gotten off the phone with his attorney. If he had, he might have tacked on this qualifier: “… unless the erring party has an ‘Esq.’ after his name and whose hourly rate is greater than the GDP of Cambodia.” I can’t say why for sure (although I have a few theories), but there’s something about interacting with an attorney that often exposes people’s dark sides. Consider an otherwise kind, charitable soul whose closest-ever brush with violence grew out of a brief debate over the best key in which to sing “Amazing Grace.” But tell them that their lawyer made a mistake in handling their matter, and in the bat of an eye they become about as rational and forgiving as Cujo. Like it or not, you are human and, try as you might to avoid mistakes, you are doomed to make them. The big question is: How do you respond when you make a mistake that affects a client? It’s worth considering—in advance—because there may be no more important factor in whether you hang on to your clients and how successful you are in growing your practice.

Range of Errors, Reactions As an attorney, your potential for committing errors knows no bounds. Your mistakes can cover the entire spectrum, from No Big Deal (missing a typo, being late for a meeting, etc.) to Screwing the Pooch (recording a lien in Santa Cruz County, Arizona, instead of Santa Cruz County, California; thinking the trial was set for two weeks from yesterday, not yesterday, etc.). From a client relations standpoint, the gravity of the blunder may not be as important as the client’s reaction to it. You probably have clients who, if you told them that you’d made a 8

Attorney Journal San Diego | Volume 152, 2016

by Norm Hulcher

small goof and that their $10 million claim had been thrown out, would say, “Oh, well, we all make mistakes,” and others who, on learning that the demand letter you promised by noon won’t be ready until 12:15, report you to the Bar. Even though no two mistakes, or your clients’ reactions to them, are the same, you should still develop an error-recovery procedure that you can follow when the stuff hits the fan, or looks like it’s about to.

Beat Your Client to the Punch If you find out you’ve made an error before your client does, and if there is any chance that he will learn about it whether you tell him or not, do the smart and honorable thing: tell him before he learns about it on his own or from someone else. This takes guts, but it’s a lot better than sitting around with the Sword of Damocles hanging over your head, cringing whenever the phone rings, and feeling around under your steering wheel before every start-up, wondering if the client knows what you’ve done and what he’s going to do to you when he finds out. Here are some benefits to full disclosure:

• After he finishes swearing at you and telling you how much

he’s going to enjoy reading about your license being yanked, he may give you credit for being courageous. Sloppy and incompetent, perhaps, but courageous. • Conversely, if you let him find out on his own, a certain amount of time will elapse between discovery and response. During that period, he can work up a pretty uncharitable attitude toward you that, by the time you get to discuss your mistake with him, may be irreversible (especially if he thinks you’ve been ducking him).

• If you alert your client to the mistake, you can tell him, in

appropriate detail, what you’ve done to make things right (if that’s possible), and/or you can propose some method of atonement, such as a fee adjustment, free services, an offer to help out around the house, etc. (Caution: Don’t be too quick to make such offers. If the client turns out to be less upset than you expected, you may needlessly give away the store. Further, your resolution plan should not include lavish gifts, cash, prostitutes, or other phony attempts to get back in his good graces.)

Fix the Error, If You Can Make fixing the error your top priority. The longer the problem goes unaddressed, the longer the client has to worry, think evil thoughts about you, and memorize the names of professional liability attorneys.

Face the Music If the magnitude of the error, or the client’s reaction to it, warrants a face-to-face meeting, break the news in person. Offer to meet at his home or office. Meeting at your office may not be a good idea—it’s bad enough that you’ve made a mistake at his expense; don’t make matters worse by making him come see you. Besides, he’s less likely to bust up the furniture if he’s in his own home or office, and if he starts screaming, there won’t be other clients within earshot.

Accept Responsibility No matter who actually committed the error, you must be the responsible party. If you made the mistake, it’s your fault. Likewise, if your secretary or paralegal or clerk or the mailman or sunspots caused the problem, it’s your fault. You’re the attorney, you make the big bucks, and you’re the one who’s supposed to be getting your clients out of trouble, not digging a deeper hole for them. Claiming, “Hey, it wasn’t me, it was my secretary,” isn’t going to calm him down. (“Oh, it was your secretary. Why didn’t you say so? Here, let me call my other lawyer right now and tell him to just forget about that silly old lawsuit.”)

Don’t Be Defensive This is a close cousin to “accept responsibility.” The client is less interested in why or how the mistake was made than in what you’re going to do about it. Thus, explaining that the error was caused by your working too hard or too late, by incompetent help, by your crack habit, etc., is a waste of breath and will only make him madder.

Say, “I’m sorry” An apology won’t make the problem go away, but any resolution of the fiasco should include your looking your client in the eye (or in the receiver) and telling him that you’re sorry. But don’t grovel, unless you think the sight of you down on your knees at his front door, blubbering and begging for one more chance, will make him forget about your foul-up. Also, be careful about

putting your apology in writing. You don’t want to give your client something he can pull out and re-read when he’s drunk or in a litigious mood.

Respect the Client’s Concern If the client pitches a major fit over your mistake, let him know that you feel nearly as bad about things as he does. If he feels terrible, you feel terrible. Trying to cheer him up or make him think it’s not that big a deal will likely backfire. Let him decide when it’s no longer that big a deal. On the other hand, if the client takes your mistake in stride and wants to get on with things, let him. Even if you’re still embarrassed and upset by the error, don’t keep bringing it up and saying how sorry you are and how you don’t deserve to live. He might eventually agree with you.

Don’t Hang Your Client Out to Dry If your mistake lands your client in a ditch with someone else—a lender, a buyer, his bookie—make contacting that person and accepting the blame a part of your proposed resolution. There are at least four good reasons to make that offer: It’s the right thing to do, and maybe it will assuage your conscience a little bit. Your client will probably appreciate your trying to get him off the hook, and if he ever speaks to you again he may even tell you so. You are likely to use less critical and colorful language to describe your error, your character, and your lineage than your client might use. Ironically, your candor and courage may make a net favorable impression on the third party. Instead of being known only as a dangerous idiot who nearly screwed up your client’s life, you may be the only attorney that person knows who demonstrates honor and integrity and is willing to own up to his mistakes.

Don’t Keep Your Error a Secret If the problem is a major one, and if it carries the potential for big problems for you and/or the firm, get the perspective of trusted colleagues who may be more skilled in damage control and malpractice avoidance than you are. Even if the problem doesn’t hold grave consequences, consider discussing the error with any other attorneys and staff who are likely to come into contact with that client. Filling them in may keep them from saying or doing something out of ignorance that may only make matters worse.

Conclusion At the very least, adequate error-recovery skills may salvage a client relationship that otherwise would have gone down in flames. Moreover, attorneys who react well to their own errors know that an appropriate response can not only save but actually strengthen their ties with a client. Honest. n Norm Hulcher is a law firm marketing consultant and coach. His Valley-based company, Hulcher & Hays LLC, was founded in 1993. He may be reached at 480-980-5473 or www.hulcher.net Attorney Journal San Diego | Volume 152, 2016

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Attorney Journal San Diego | Volume 152, 2016

COMMUNITY news n Teodora Purcell was honored as a KPBS Women’s History Month Local Hero last month. She fills a vital role near the world’s busiest border crossing as a pro bono lawyer focused on helping immigrants navigate complex legal systems. Purcell says a lot of her time is spent volunteering her services TEODORA PURCELL at Casa Cornelia Law Center. Casa Cornelia is a public firm whose primary commitment is to Southern California’s immigrant community. Purcell came to San Diego in 1999, as an immigrant from Bulgaria, to attend University of San Diego’s School of Law, after earning a law degree in her home country. She’s licensed to practice in both countries and is a dual citizen. n Amit Singh has been elevated to shareholder in Stradling’s Corporate and Securities Law practice and is a member of the firm’s Mergers & Acquisitions and Emerging Growth Companies practice groups. He practices in the firm’s San Diego office. Mr. Singh has extensive AMIT SINGH experience advising emerging growth companies and the investors that finance them. His practice primarily concentrates on venture capital and private equity transactions, mergers and acquisitions, joint ventures, employee benefits and executive compensation, intellectual property sale and licensing transactions and general corporate law. Mr. Singh also represents managers and investors in the formation of venture capital, private equity and hedge funds. After a fund is formed, he often continues to add value as outside general counsel to the fund, assisting its managers in the fund’s transactions and advising on issues that arise throughout the life of the fund. Prior to joining the firm, Mr. Singh was the founder and managing attorney of Benchmark Law Group PC, a corporate law boutique, and practiced corporate law at Cadwalader, Wickersham & Taft LLP in New York City and Cooley LLP in Palo Alto. Mr. Singh earned an LL.M. (Corporate Law) from New York University School of Law in 1999 and a J.D. in 1998 from University of California, Hastings College of the Law.

Attorney Journal San Diego | Volume 152, 2016

n One LLP, has opened a new office in San Diego and has added Partners Nicholas Janda and Neil Ray to the growing practice. Janda and Ray will be joining seasoned IP attorneys Mitchell Brook and Stephen Lobbin at the new office, located in the Del Mar area. Janda brings nearly a decade of IP counseling experience, and has NICHOLAS JANDA represented clients in matters of biotechnology, pharmaceutical, and telecommunications patent litigation. Previously with O’Melveny & Myers and Knobbe Martens, he advises clients on sensitive disputes throughout the country and complex business transactions. Mr. Janda obtained his Juris Doctor from the University of Minnesota Law School, his Master of Science degree in chemical engineering from Michigan Technology University and his Bachelors of Science degree from Case Western Reserve University. Ray focuses his practice on data privacy and cyber-security. Formerly with Sheppard Mullin, his advanced knowledge of global privacy and cyber security trends allows him to assist clients in developing and implementing privacy and data security policies and procedures in compliance with applicable laws. Ray obtained his Postgraduate Diploma in Legal Practice from the University of Law in London, England, and his Bachelor of Laws degree from the London School of Economics and Political Science. n A San Francisco federal judge has appointed leading San Diego plaintiffs’ attorney David S. Casey, Jr. to the national VW Multidistrict Litigation (MDL) Plaintiffs’ Steering Committee overseeing litigation targeting Volkswagen over its diesel emissions scandal. The managing partner of San Diego’s oldest plaintiffs’ firm CaseyGerry, Casey Jr. is the only San Diego attorney selected to serve on the committee, one of the largest in class action DAVID S. CASEY, JR. history. Following a rigorous vetting process, U.S. District Judge Charles Breyer, who is presiding over the VW MDL (No. 2672, In Re: Volkswagen “Clean Diesel” Marketing, Sales Practices And Products Liability Litigation) pending in federal court in San Francisco, appointed the 22-member nationwide steering committee to oversee hundreds of class action lawsuits filed on behalf of car owners, dealers, lessees and others. “I am honored by this appointment and to be working on this very important matter before Judge Breyer,” David Casey, Jr. said. “I look forward to working under the direction of lead counsel Elizabeth Cabraser and with this committee of very talented attorneys to quickly bring these claims to a fair resolution for the consumers and businesses nationwide that were adversely impacted by the VW emissions scandal.”

COMMUNITY news n DeEtte L. Loeffler has been promoted to Partner at Miller, Monson, Peshel, Polacek & Hoshaw, a leading San Diego taxation, estate planning, and litigation firm. Loeffler does planning for the unavoidable death, taxes, and disability. Her planning is designed to minimize income, property, and transfer DEETTE L. LOEFFLER taxes, provide structure for businesses, avoid problems upon disability, provide for special needs beneficiaries, and simplify transfers upon death. She also assists donors with charitable planning and prepares premarital agreements to minimize future disputes. Loeffler received a J.D. from Pepperdine University and LL.M, Taxation from USD. She is a member of the taxation and estate planning sections of the California, American, and SDC Bar Associations, PASD, EPGN, Lawyer’s Club, Lions Club, ProVisors and STAR. She currently serves on the board and planned giving committee of the San Diego Natural History Museum, and the board of her church. Loeffler is an Army veteran.

n The law firm of Chihak & Martel is pleased to announce that Amy Rose Martel has been named partner of the firm. Ms. Martel joined the firm in 2008, and was made partner in January 2016. Ms. Martel earned her J.D. from University of San Diego School of Law and her B.A. AMY ROSE MARTEL from University of Washington. Ms. Martel is licensed to practice law in California and Nevada. Ms. Martel is on the Board of Directors of Consumer Attorneys of San Diego and was named in both San Diego Super Lawyers and San Diego Business Journal’s Best of the Bar for 2015, and 2016. “I am extremely honored and grateful that Cynthia has named me partner of her firm. Cynthia is an incredible attorney and I am humbled to have my name alongside hers,” Martel said. Chihak & Martel represent Plaintiffs in personal injury, medical malpractice and products liability cases.

n Duane Morris LLP is pleased to announce that it has promoted Heather U. Guerena to the firm partnership. Guerena practices in the firm’s Trial Practice Group in the San Diego office. She handles matters involving franchise and contract disputes, land use, trademark, copyright and patent infringement, unfair HEATHER U. GUERENA competition and consumer legal remedies, and consumer lending and banking litigation. Guerena has appellate experience in both state and federal courts on a variety of matters, including appeals, writs, petitions for review, merits and amicus curiae briefing. She also has extensive experience with traditional and administrative mandamus proceedings, injunctive relief, prejudgment writs of attachment and post-judgment writs of execution. Guerena represents clients in negotiations with state and federal agencies to resolve issues involving violations of consumer, privacy and securities laws. She is a 2005 graduate of California Western School of Law and a 2002 graduate of the University of Southern California.

Have a Press Release you would like to submit for our Community News? Email it to PR@AttorneyJournal.us Attorney Journal San Diego | Volume 152, 2016

The 5 Truths Every Attorney Needs to Know About Referrals by Stephen Fairley

Stephen Fairley is CEO of The Rainmaker Institute, LLC, the nation’s largest law firm marketing company specializing in small law firms. Over 8,000 attorneys have benefited from applying their proven Rainmaker Marketing System. Stephen is a best-selling author of 10 books and a nationally recognized law firm marketing expert. He has appeared in the American Bar Association’s Journal, Harvard Management Update, Inc and Entrepreneur. To receive your free copy of his book “Top 10 Marketing Mistakes Attorneys Make” visit www.TheRainmakerInstitute.com or call 888-588-5891.

AT THE RAINMAKER INSTITUTE, we specialize in

helping attorneys improve their revenues and increase the quality and quantity of their referrals. One of the things attorneys most frequently ask us is: “How do I find more clients fast?” The answer to this question is deceptively simple, yet amazingly complex to resolve. Referrals are near the top of the list when it comes to the best ways of finding new clients, but there are three pervasive myths, discussed in a previous article that I would like to dispel about referrals first. 1. Clients are the best sources for referrals 2. Other attorneys provide the most referrals 3. Networking provides great referrals While there is some truth to these myths, they are not entirely accurate. Clients aren’t the best source for referrals, just the most obvious. They are not always aware of all your services and you may not be the first person to come to mind when a friend comes to them for legal advice. Also, attorneys assume that most referrals can come from other attorneys, but that’s because they aren’t considering the other professionals that they surround themselves with. Consider accountants, financial advisors, realtors and other professionals with whom you can ally yourself. Choose professionals in careers that cater to the same sort of clients as your practice and you will be able to become natural allies without the concern of competition. Networking groups are also great places to make contacts, but attorneys don’t always follow up and create solid connections or they attend the wrong events. If you go to a luncheon filled 14

Attorney Journal San Diego | Volume 152, 2016

with other attorneys in the same field, then you’re limiting the effectiveness of your efforts. If, however, you attend networking events filled with prospective clients, you’ll make better use of your time. If you’re a business attorney, consider joining a local business networking group. While these myths may mislead attorneys, these five compelling truths about referrals will help guide you to more business:

TRUTH #1: People Make Referrals to Build Social Capital Most people enjoy making referrals to their friends and associates as a way of building social capital. If you truly want to build a referral-based law firm then you need to develop a habit of referring your clients and contacts to other professionals. It must be reciprocal to work longterm. When you refer a client to another professional, they feel more inclined to refer one of their clients to you. This becomes a give and take process. The more referral relationships you develop among your professional associates, the easier it will be for your practice to flourish from the referral business.

TRUTH #2: Mitigating Risk Is Important All referrals involve some risk—if someone sends you a referral and it turns our poorly, chances are you won’t receive too many other referrals. Attorneys who count on referrals for business generation need to take necessary steps to mitigate this risk with clear communication, setting expectations from the start, ongoing client education and stellar follow-up. This risk goes both ways. If you refer one

of your clients to a professional associate and it doesn’t go well, than it reflects poorly on you. Don’t make referrals lightly; ensure that the professional associate is capable of handling the case.

TRUTH #3: People Refer Great Experiences People who have had great experiences with a product or service tend to refer it to their friends and colleagues. Which is why cultivating a culture of great client service is a must for gaining more referrals. How can you create a “VIP” experience for each client and referral that walks in your door? While a lot of referrals can come from a referral network or a professional associate, clients also have the ability to spread your name. It is important to remember that people will tell friends and family about a bad experience before they will brag about a positive one. In order to keep your positive service top of the mind, make sure that you keep past and current clients up to date on your practice, awards and services. If a friend comes to them, they may remember reading your newsletter about a recent case or award. They may be more inclined to recall their own positive experience with you.

TRUTH #4: Referrals Require Trust Even if someone raves to a friend about you, that referral is likely to conduct a credibility search for you on the Internet. If the referral can’t find good content, reviews or social network participation, they will be less likely to proceed with contacting you. You need to manage your online image. Make sure to regularly check sites with client reviews. If someone posts a negative review, address it immediately. Don’t let a bad review turn away potential clients. Also, make sure that clients can easily find you. Make your LinkedIn profile public, so they can look over your endorsements, your honors and your work experience. Make sure that you claim any attorney directory pages, so that it has accurate information. Clients should be able to contact you from any webpage.

TRUTH #5: Referrals Require a System Attorneys need to create a referral strategy that includes a systematic approach to educating referral sources what a good referral looks like and how to make it. This includes keeping all clients and professional associates current with your practice. Make sure that they are on your newsletter list. If you write an article about your practice area, send it out to everyone. n

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Attorney Journal San Diego | Volume 152, 2016

AGAINST ALL

ODDS One year after launching her client-centric practice, Alisha Wood continues to be a force to be reckoned with as her DUI and criminal defense practice vows to handle collateral issues with clients who are up against all odds. by Karen Gorden

his year the Law Offices of Alisha A. Wood, which focuses on criminal and immigration law, celebrates its first-year anniversary, but the firm’s success and acclaim did not come easy. Ms. Wood’s career path was fraught with challenges and uncommon barriers. She grew up in a small town in Arkansas where aspirations of college were uncommon and not encouraged. Nonetheless, Ms. Wood is glad she did not listen to her detractors, and she now enjoys a successful career at her boutique law firm in San Diego, California. Ms. Wood’s experience and history have given her a unique perspective on how to handle cases, and have also given her the courage and strength to take on difficult cases that others would not. Ms. Wood grew up in the small town of Springdale, Arkansas, in a tight-knit community with a slower-paced lifestyle. Ms. Wood learned at a very young age that she wanted more than what small town life had to offer, so she decided to forge her own path and applied to the University of Arkansas, Fayetteville. She attended the University of Arkansas on a full scholarship, where she began her studies in Biology with a plan to attend medical school. But, life had different plans for her. Ms. Wood greeted her daughter, Gillian, during college. This taught her how to face the challenges of being a single parent while continuing to pursue her academic career, as well as working three jobs to support her and her daughter. Ms. Wood did not know it yet, but life was about to take another turn.

Attorney Journal San Diego | Volume 152, 2016

During her junior year at the University of Arkansas, Ms. Wood decided her rapier’s wit and silver tongue could be put to use in the legal arena. She immediately pursued a minor in Legal Studies despite the herculean effort it would take to complete an additional 15 units before graduation. She did not know it then, but this would be the best decision of her life. After graduation, Ms. Wood did what any responsible single parent would do and secured a corporate job to support herself and Gillian while she prepared to apply to law school. Ms. Wood quickly realized corporate life was not for her, but she learned a great deal that would later help her in her career. She applied to law school and shortly thereafter was packing her and her daughter’s bags for California to begin her legal studies at Whittier College School of Law. Ms. Wood attended law school on a scholarship. She was also awarded a fellowship in Intellectual Property, with the intent of using her Biology degree to practice Patent Law. After winning her first-year legal writing competition, she was asked to join the Moot Court team. In her second year, she earned a position on the Mock Trial team. Ms. Wood not only competed for both organizations nationally, but also earned a position in the prestigious Willem C. Vis International Moot Court Competition in Vienna, Austria. This practical experience led her to realize that her place was in the courtoom. In her third year, Ms. Wood served on the Honors Boards for both

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organizations, as well as acting as the Alumni Liaison for the Student Government Board. During law school, she worked for the Orange County District Attorney’s office to further hone her courtoom skills. Following graduation, Ms. Wood took and passed the California State Bar on her first attempt, garnering her the opportunity to work for a DUI firm in San Diego. Ms. Wood’s legal acuity allowed her to rise to become the partner of that firm before she decided to strike out on her own and open the Law Offices of Alisha A. Wood.

A UNIQUE APPROACH TO ACHIEVE THE RIGHT RESULT Ms. Wood’s background is indeliby imprinted on her philosophy in approaching cases: a client-centric and full-service approach. Ms. Wood retained the sense of community from her small town upbringing, which translated into a community-type approach to her cases. Specifically, she looks to what her clients need and crafts a proactive approach to get them not only the best result, but the right outcome. Ms. Wood emphasized that her firm “takes that extra step for clients—which means helping with any potential collateral damage that tends to accompany criminal cases.” All too often, Ms. Wood saw the sweeping consqeuences a criminal charge and conviction can have, and decided to take that extra step in every case to help restore her client’s sense of dignity and worth. For example, Ms. Wood’s full-service mentality allowed her to help a client avoid losing her child. “When we took on a felony DUI case with a child in the car, Child Protective Services (CPS) became involved and removed the child from the home and reported our client to the Child Abuse Index.” Ms. Wood quickly intervened in the juvenile dependency hearings and had the child returned to the home—an otherwise unheard of outcome given the circumstances. Ms. Wood continues to defend her client’s rights in relation to the index. Not only was Ms. Wood successful in representing her client in the criminal case, with a dismissal of the felony charges, but also ensured it was not “a more traumatic outcome” for this family. Ms. Wood’s adversity early in her life allowed her to have the strength to fight for clients when all appeared lost. One of her clients, a medical student, was facing a second-offence DUI in Orange County. Numerous attorneys told the client she should take a deal for a second-offense DUI because that was the best that Orange County would offer. In fact, she was going to do just that, until a former client and mentor told her to reach out to Ms. Wood’s firm. Ms. Wood was not deterred and was confident she could obtain a better result after reviewing the client’s case. “Luckily the client found us. We not only got her prior DUI dismissed, but we also settled the case for a first-

Attorney Journal San Diego | Volume 152, 2016

offense wet reckless plea, which saved the client’s career.” Despite her success, Ms. Wood remains humble and emphasizes these results come from “hard work, not being afraid to ask questions, and developing a strong network of colleagues that are like minded.” Also, she emphasizes her unique approach to cases has lent to her success. “Foremost, we work proactively. We assess our client’s needs—not just within the scope of their case—but any personal issues they may be facing as well. As with many cases, there are underlying issues that need to be properly addressed in order to put the client at ease and to ensure they receive any additional services they need to succeed.” Ms. Wood also attributes her success to her team and the network she has strived to build. “We are fortunate not only to have an awesome team here at the firm, but we also have a devoted network of professionals that care about our clients as much as we do.” Put simply, Ms. Wood’s philosophy is not just to handle her client’s legal matters, but she also focuses on helping her clients so they they do not end up in a similar situation in the future.

FULL-SERVICE APPROACH TO ASSIST CLIENTS WITH CRISIS MANAGEMENT The Firm and Ms. Wood have also focused on other areas of the law, such as immigration. Her wealth of experience and laser focus allowed her to quickly tackle new issues to benefit her clients. For example, one of her clients was not only facing criminal domestic violence charges, but his school was also seeking to dismiss the client due to the pending criminal matter. Ms. Wood stepped in on her client’s behalf to preserve his rights. Ms. Wood explained, “I accompanied my client to hearings with the school because he would face deportation if the school dismissed him from the University.” Despite the stakes being high and the odds stacked against the client, Ms. Wood used her legal skills to have the charges reduced. From the beginning, Ms. Wood’s practice has focused on the client-centric approach to make sure that each client receives the result they need. “We treat every client with the respect and honesty they deserve. Each case is different of course, but it is our professional duty to serve each client with integrity and to ensure that we achieve the best outcome for their particular set of circumstances.” In fact, her approach has not gone unnoticed, as she has received referrals from other attorneys and members of the legal community. “Referring a client to another attorney is a tremendous vote of confidence. When clients are sent our way, they and the firm that sent them can rest assured they are in good hands and will be treated with the utmost respect.” However, treating clients with respect comes naturally for Ms.

ÂŠ Bauman Photography

Contact LAW OFFICES OF ALISHA A. WOOD 3990 Old Town Ave, Suite B109 San Diego, CA, 92110 Office (619) 867-0755 aawoodlaw.com

EXPERIENCE

Wood because her strong sense of community dictates everyone deserves respect—no matter their background. Ms. Wood also has established a pro-bono program because she knows not everyone can afford the legal representation they deserve. Through her pro-bono program, Ms. Wood personally selects a handful of cases to take on a pro-bono basis. She also devotes her extra time to contributing to the legal industry itself. In 2014, Ms. Wood was selected to serve as the California state delegate for the National College of DUI Defense (NCDD), and currently serves as a member of the Bench Bar Committee with the Lawyers Club of San Diego. The Law Offices of Alisha A. Wood has exciting plans for the future as well. Ms. Wood explains, “We continue to grow and expand our practice areas while maintaining our smaller size so that we can ensure we maintain the high level of quality work that we put into every case.” Ms. Wood also credits her success in no small part to her team: Carmen Galvan, the firm’s senior paralegal and office manager, and Matthew H. Springmeyer, of counsel for the firm. Mr. Springmeyer has not only taken on the lead role in the firm’s immigration practice arena, but also continues to be an invaluable member of the team, as he also handles the bulk of motion preparation and research for Ms. Wood’s office. Mr. Springmeyer is able to handle all of this while still maintaining his own firm, the Law Office of Matthew H. Springmeyer. Of course, Ms. Wood also credits her daughter’s support and encouragement with helping her reach where she is today. Ms. Wood’s firm always comes back to the simple mantra: doing good hard work, being honest with clients, and making a meaningful impact on her clients’ lives so that they can succeed after their case concludes. The challenges she has faced have only reinforced her passion to help clients through their own struggles, and her sense of community drives her firm’s motivation to make sure each client receives what they need. Her firm has enjoyed much early success and the promise of a bright future has been built on the foundation that each case and client is different, so each case requires a different approach. But, when the focus is on crisis intervention and the clients’ needs, a proactive approach will pave the way to reach the best result possible for each client. n

» EDUCATION • Whittier Law School, 2010, J.D. • Whittier Law School, 2010, Intellectual Property Fellow • University of Arkansas, Fayetteville, 2005, B.A. Biology (Pre-Med) • University of Arkansas, Fayetteville, 2005, Minor in Legal Studies

» AWARDS • Super Lawyers – Rising Star—2016 • National Trial Lawyers recognized Ms. Wood as Top 40 Under 40 in the area of Criminal Law—2015 • Nominated as a Top Influential by the San Diego Daily Transcript— 2014 • California’s only delegate to the National College of DUI Defense—2013 • San Diego’s Top Young Attorneys the same year by the San Diego Daily Transcript—2013

» AFFILIATIONS • National College of DUI Defense, Teaching Faculty • National College of DUI Defense, State Delegate • National Trial Lawyers • California DUI Lawyers Association • California Attorneys for Criminal Justice • San Diego County Bar Association • SDCA Sections: Criminal Law • San Diego Lawyers Club • SDLC Committees: Bench Bar

Attorney Journal San Diego | Volume 152, 2016

Practical Ideas on Client Development for Associates by Cordell M. Parvin

Cordell M. Parvin built a national construction practice during his 35 years practicing law. At Jenkens & Gilchrist, Mr. Parvin was the construction law practice group leader and was also responsible for the firm’s attorney development practice. While there he taught client development and created a coaching program for junior partners. In 2005, Mr. Parvin left the firm and started Cordell Parvin LLC. He now works with lawyers and law firms on career development and planning and client development. He is the co-author of “Say Ciao to Chow Mein: Conquering Career Burnout” and other books for lawyers. To learn more visit his website www.cordellparvin.com or contact him at cparvin@cordellparvin.com.

I have done a lot of work helping associates with client development in my old firm and now as a coach. In this article, I want to share with you my practical ideas on associate client development. SET YOURSELF APART Client development is more challenging today for a variety of reasons. First, business clients are no longer local or loyal and there are many more lawyers from which to choose. Second, you have less time but more choices of client development actions. Because you have too many choices, you may either never get started, or become ineffective in your efforts. However, if you have a plan, become visible to your target market and find ways to become a valuable resource and advisor for those clients and potential clients, you can become very successful. It is important that you start your efforts as early in your career as possible.

CLIENT DEVELOPMENT MYTHS Associates seem to buy into client development myths and this stifles their efforts. Here are several of those myths:

• You either have it or you don’t. I can tell you from my

personal experience that I did not have it. Knowing that drove me to work at it and develop my skills;

• Just do good work, get a Martindale AV rating, and wait for

the phone to ring. There are thousands of lawyers in your city or area who do good work. Client development is a contact sport. It is about building relationships and adding value beyond the good work;

• “Too young, and inexperienced to.…” Lawyers should start

learning client development skills as early as possible. This is a marathon not a sprint, and even though you may not bring in a client now that fits your firm’s client profile, you are building towards doing so later;

Attorney Journal San Diego | Volume 152, 2016

• You have to be an extrovert and know how to work a

room. I know lawyers who are very outgoing and do poorly because they talk about themselves and do not listen. I know introverted lawyers who do very well because they ask great questions and listen;

• You have to “ask” for business. Lawyers who are good at

asking for business do not come across as needy or greedy. I, personally, was uncomfortable asking so I tried to be the “go to” lawyer who would be sought by clients in my target market; and

• Associates in big firms do not need to learn client

development. At the very least, associates in big firms with institutional clients need to learn about those clients and find ways to become more valuable to them. As expressed above, institutional clients are no longer loyal; they can’t be counted on as they have been in the past. So learning the skill set to get new clients is more important today than before.

WHAT SUCCESSFUL ASSOCIATES SHARE IN COMMON Here are some of the characteristics that I have observed over the years in the most successful associates: • They are patient, persistent, and perseverant; • They focus client development on things they are passionate about; • They have a plan for their non-billable time as well as written goals; • They regularly work on client development; • They are seeking to become more visible to their target markets; • They are getting feedback on their ideas and how they are doing; • They find ways to hold themselves accountable; • They all wish they had started their efforts earlier in their careers.

WHAT DIFFERENCES DO ASSOCIATES HAVE?

DELIBERATE PRACTICE

Several associates with whom I have worked are “connectors.” Those lawyers are active in their communities and/or active in the bar. Other associates enjoy writing. They are writing articles that are published. When supported by their firms, they are blogging. Those lawyers are using writing as a way to get speaking engagements in front of their target markets. Associates I have coached do their planning in a variety of ways. Some associates begin their planning looking forward five years and then working back. Others emphasize setting 90day goals. Several associates use weekly plans and journals as their method of holding themselves accountable. Successful associates do not “find” time for client development. Instead, they make time. Each associate develops different ways of making it. Several associates with whom I have worked spend time on client development after their children go to bed. Some associates work on client development on weekend mornings. Some associates are using LinkedIn, Facebook and Twitter as tools to reconnect with classmates, firm alums, friends, and potential clients. Others are reaching out by phone.

Practice things you want to get better at doing. Examples might include:

• Treating your supervising lawyers like clients, figuring out

what they want and need and exceeding their expectations;

• Finding out what is going on that impacts your clients; • Networking; • Working on your elevator speech/questions; • Identifying future issues impacting your clients;

• Writing articles for a business audience designed to get you hired;

• Public speaking; • Questions for clients and potential clients; • Active listening; • Building the team and assigning work; • Supervising and giving feedback. Reading an article like this has very limited value by itself. It has to be translated into practice. If you want to get something out of the article ask yourself, “What can I do based on what I learned?” If you want to share your plan with me, I would enjoy hearing from you. n

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Attorney Journal San Diego | Volume 152, 2016

SHEDDING

YOUR EXCESS WORKLOAD Whether your motivation is altruism or greed, effective delegation is a must if you want to expand your firm, boost your income and preserve what’s left of your sanity

ne of my favorite clients is a very successful real estate attorney whom—in the interest of client retention and, perhaps, litigation avoidance—I will call “Skip.” He and four associate attorneys comprise the real estate department at the law firm of Halt & Lame. Last week, as I made my way down the quiet hallway toward Skip’s office for our monthly consultation, I passed the doors of his four subordinates. Busby was balancing his checkbook on an otherwise barren desktop. Lipschutz seemed to be reading something, but when he saw me walk by he quickly slid it into his center drawer. Toole was making sure that his business card holder was properly positioned. Sloan was asleep. The calm of the hallway gradually gave way to the commotion from Skip’s office, rising to a din as I neared the end of the hall. Standing in his doorway, I thought I had wandered onto the trading floor at a commodities exchange. Skip was standing at his cluttered desk, his telephone receiver cradled on his shoulder while he rummaged through a thick file. He yelled something at his paralegal, who was on her hands and knees in the corner, trying to keep a ten-page blueprint from rolling up while she scribbled notes on a legal pad. Skip’s computer beeped: “SOL—Can you meet with Savage Crushing and me today at 1:30?—BFD.” From behind me, Skip’s secretary announced that Mr. Yee was still waiting in the lobby, she was taking an early lunch and, oh, by the way, the people from Blue Sky Development were on their way over to review the purchase agreement. Suddenly, all was still. Skip’s jaw dropped. The receiver fell to the floor. The only other sound in the room was the slow staccato of his paralegal tapping her forehead against a table leg. “Blue Sky!” he gasped. His eyes shot down at the paralegal. “But that’s not due until next Tuesday, is it? I mean, it is next Tuesday—right?” “I guess not,” she murmured. More silence. He looked up, for the first time noting my arrival. His taut facial expression instantly took on a tranquil quality, and his frenzied pallor was replaced by the warm glow

Attorney Journal San Diego | Volume 152, 2016

by Norm Hulcher

of human kindness. “Hello, Mr. Hulcher. Are we meeting today?” “Well … we don’t have to,” I replied, sensing that I may have come at a bad time. “No, no, let’s meet. It wouldn’t be fair to inconvenience you and disrupt your schedule. Deirdre, could you excuse us?” Skip cleared several bushels of files from his conference table and then excused himself to get me a beverage. Upon his return, he lamented, “I haven’t done any marketing this month; I can’t find the time. I can’t even take care of the clients I have, much less bring in any new ones. Lately I’ve even been turning work away.” “Listen, Skip,” I said, “what about those guys down the hall? Why don’t you give them some of this stuff?” He shook his head. “That’s no good. I’ve tried, but here’s the problem. I gave Toole a file last week, but he lost it, so I ended up doing it myself. I was going to give something to Busby yesterday, but I told the client a month ago that I’d have it ready today, and Busby doesn’t know what ‘today’ means. Lipschutz could probably have gone to P&Z for me yesterday, but I really get a kick out of those meetings, so I went. And I could have let Sloan take care of this deed of trust for Rickets Construction, but old man Rickets wanted me to handle it personally. So here I am.”

The Price of Hogging Files Among busy, successful attorneys who possess—and squander —rainmaking potential, Skip has a common problem: failure to effectively delegate. Non-delegation, whether intentional or incidental, carries a hefty price tag:

• If you don’t delegate well, you find yourself bogged down

with “busy work” that someone—anyone—else could do.

• Associates who could and should handle lesser files are left

with light workloads, causing partners to question their worth and to revisit the firm’s recruiting commitments. • The partner-associate mentoring relationship that’s essential to firm and individual growth goes wanting.

• You have little time to do things that only you can do

(develop new clients and referral relationships, cultivate closer ties with existing clients, cross-sell, spend time with your family, etc.). • Thus, client relations—not to mention domestic relations —suffer, and companies and individuals who might have become your clients wind up writing big checks to some other lawyer. • And you and the firm lose money.

The Causes of Poor Delegation Inadequate delegation is usually due either to poor planning or to fear. Planning-related causes include: Procrastination. If you wait until the day before a deadline to begin working on a matter, it’s too late to delegate. You almost have to do it yourself, because you don’t have time to assign it to someone else, let them take longer to finish it than you would, review their work, and send it back to them to fix. Ignoring opportunity cost. It’s true that giving a job to someone who might foul it up may inflict a loss of time and perhaps money. But, considering the higher value of your time than your associates’, doing everything yourself is even costlier. Time mismanagement. You’ve probably said this to yourself a few times: “This is a half-hour project, and it’ll take longer than that for me to explain it to someone else and then wait for them to do it. So I’ll just do it myself.” That’s a sensible approach, right? Think again. You probably don’t have just one half-hour job; more likely, you have a ton of them that add up to a major commitment of time and energy. But if you bundle up all of your little projects and assign them to someone else, you might open up a huge block of time for more pressing, satisfying and profitable work. Ego. Many well-meaning attorneys take the position that, since a client sought them out to handle a particular matter, they and only they must do the work. But clients don’t necessarily come to you because they want you, per se, to work for them; rather, clients come to you because they have a problem to be fixed. They may initially contend that you’re the only one who can prepare their living will (especially if the referral source touted you), but if you tell them that the attorney down the hall can do it (a) more quickly, (b) less expensively and/or (c) just as well—under your supervision—there’s a very good chance they will allow you to delegate their matter. Failure to give up fun things. Granted, filling in the little blanks on a general power of attorney may be the only thing in life that really gets you going, but give it up anyway. A paralegal, secretary or, for that matter, the 20-year-old redhead who you swear winked at you yesterday from behind the Lancôme counter at Macy’s could probably do it better and give you time for better things. Fear. Ways in which fear discourages delegation are fewer in number but are more diabolical:

• Fear of losing control. Yes, by giving a file to someone else you

do lose direct control—of that file. But consider this, control freaks: In delegating work to another attorney, you trade

control of one lousy file for control of an entire human being. Now, don’t you feel better? • Fear of low inventory. Partners often hang on to even the most mind-numbing work just so they’re guaranteed of some billable activity. Consequently, they proofread deeds of trust instead of letting some first-year associate do it, and instead of acting like a partner by drumming up more business. Which leads us to the Big Fear … • Fear of having to market. If you give away all of your lowlevel work, you may suddenly have a lot of time on your hands. You can only read the paper, do the Jumble, eat lunch, play Minesweeper or go to the mall for so long before your partners wise up and say, “Hey, you with the clean desk, go out and catch some fresh fish before we forget how to give you a draw.”

Delegation Tips One would hope that, by now, you’re aware of the costs and causes of poor delegation and are at least mildly motivated to turn up your game a notch. Here are some suggestions: Be a mentor. Simply dropping a file on an associate’s desk and saying, “I’m a little busy today; take care of this appeal by 5:00, okay? If you have any questions, I’ll be at the club,” does not constitute effective delegation. Take time to teach and train. Discuss the matter in some detail and how you would approach it. Talk about the client, their expectations and some of their less endearing quirks. When you’re done, ask the delegatee how he or she plans to handle this matter. This has two benefits: First, you might learn something, and, second, you’ll find out if the delegatee understands anything you’ve just said. Create your own “practice group.” And use it. Shanghai as many lawyers and staff as you think it’ll take to handle your disposable workload, tell them you own them, and meet with them once or twice a week. Ask your secretary to make a master case list and go through every item at every practice group meeting. Assign files as soon as they’re opened (or, better yet, include an associate for at least part of the meeting with the client, so he/she can hear first-hand what needs to be done and, at least in theory, get right on it), to minimize eleventh-hour crunches that make delegating impossible. Cultivate expertise. If you attract a lot of similar matters, give them all to the same underling. That way, you only have to endure one major orientation session (as opposed to going through the same drill with five different lawyers), saving yourself a lot of time and creating a dependable mini-specialist in the process. Finally… Provide positive and negative feedback. Don’t leave your delegates guessing as to how you appraise their work. Immediate and appropriate feedback is essential to the learning process and to cultivating reliable, lasting delegation relationships. n Norm Hulcher is a law firm marketing consultant and coach. His Valley-based company, Hulcher & Hays LLC, was founded in 1993. He may be reached at 480-980-5473 or www.hulcher.net Attorney Journal San Diego | Volume 152, 2016

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Is Your Vocabulary Costing You Money? by Tom Hopkins

Tom Hopkins International has been dedicated to providing the finest sales training strategies and techniques to individuals and companies alike. Tom Hopkins is world-renowned as The Builder of Sales Champions. His selling skills and sales strategies have helped millions of sales professionals and business owners in industries from A to Z to serve more clients, make more sales and earn millions in income. Copyright Tom Hopkins International, Inc. See more at: www.tomhopkins.com

hen we give a presentation to a future client not only do our appearance, visual aids, and body language relay a message, but the words we use create pictures in their minds. When we hear a word, we often picture a symbol of what that word represents. We may even attach emotions to some of these words. For example, let’s consider the words, SPRING, SUMMER, AUTUMN, WINTER. Depending on your particular experience, each of those words can generate positive or negative emotions in you, right? The same applies to the words you use in your contacts with customers. You don’t know in advance which words will generate positive feelings in your clients about you, your product and your company. That’s why people in selling must become extra sensitive to the use of words if they want to have successful careers or businesses. One of the most commonly used words in sales is the term “contract.” What type of mental image does that term bring to your mind, especially when you picture yourself as a consumer? For most of us, it’s negative. We have an image of fine print, legalities and being locked into something that requires legal action to get out of. For this reason, I recommend that salespeople stop using that term, unless your particular line of business requires it. Instead, use the terms paperwork, agreement or form. Think about each of those terms for a moment. Do they bring to mind threatening images? If they do, I’ll bet those images are a lot less threatening than those created by the term contract. Do yourself a favor and eliminate that term from your vocabulary. Use paperwork, agreement or form instead. What about the words “cost” and “price?” What pictures do they bring to your mind? If you’re like me, I see my hardearned cash leaving my pocket. Substitute the terms investment or amount in place of cost or price. When most people hear investment, they envision getting a return on their money

Attorney Journal San Diego | Volume 152, 2016

which is something positive. Now, there are products for which the term investment would not be appropriate so let’s use the term amount for them. That word has been proven to be less threatening to most consumers than the terms cost and price. The same idea goes for the next terms, “down payment” and “monthly payment.” Most people envision down payments as large deposits that lock them into many smaller monthly payments for a considerable time period. They may see themselves receiving bills and writing checks every month. Not too positive a picture, is it? Replace those phrases with these: initial investment or initial amount and monthly investment or monthly amount. The next terms I’d recommend you change are “sell” and “sold.” Many salespeople will tell prospective customers about how many units of their product they have sold. Or, they’ll brag about having sold the same product to another customer. What are the mental images here? No one likes the idea of or the feeling derived from being sold anything. It sounds as if the customer didn’t really have much say in the matter. Replace sell or sold with helped them acquire or got them involved. Another term I feel is over-used by salespeople is the term “deal.” What does this bring to mind? Something we’ve always wanted, but never found. Top salespeople never offer deals to their clients. They offer opportunities or get them involved in transactions. The last, but definitely not the least important term I recommend you change is “sign.” Never again ask a customer to sign your agreement, form or paperwork. We’ve all had it drilled into us from early childhood never to sign anything without careful consideration, haven’t we? So, why would you want to create that emotion in anyone you were trying to get happily involved in your product or service? Instead of asking them to sign, ask them to approve, authorize, endorse or OK your paperwork, agreement or form. n

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