Attorney Journals, San Diego, Volume 200

SAN DIEGO

Volume 200, 2020 $6.95

12 Productivity Tips When Working from Home

Mark Beese

Expect Some “Terror Management”

Dr. Ken Broda-Bahm Continuity of Care: Reassuring Clients You’re Prepared for COVID-19

Susan Kostal

Cover 7 Tips for Hosting Virtual Meetings

Jennifer Simpson Carr Value/Price Equation

Trey Ryder

Managing Remote Employees

Daniel H. Handman

Attorney of the Month

Jessica T. Sizemore Gomez Trial Attorneys, San Diego A Core Value of Giving Back

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2020 EDITION—NO.200

TABLE OF CONTENTS 6 Twelve Productivity Tips When Working from Home

by Mark Beese

10 Continuity of Care: Reassuring Clients You’re Prepared for COVID-19

by Susan Kostal

12 Community News EXECUTIVE PUBLISHER Brian Topor

ATTORNEY OF THE MONTH

16 Jessica T. Sizemore, Gomez Trial Attorneys, San Diego A Core Value of Giving Back

EDITOR Wendy Price CREATIVE SERVICES Penn Creative

by Dan Baldwin

CIRCULATION Angela Watson

22 Value/Price Equation Drives Hiring Decision, Client Loyalty

PHOTOGRAPHY Chris Griffiths STAFF WRITERS Dan Baldwin Jennifer Hadley CONTRIBUTING EDITORIALISTS Mark Beese Susan Kostal Trey Ryder Dr. Ken Broda-Bahm Daniel H. Handman Jennifer Simpson Carr WEBMASTER Mariusz Opalka ADVERTISING INQUIRIES Info@AttorneyJournals.com SUBMIT AN ARTICLE Editorial@AttorneyJournals.com OFFICE 30211 Avenida De Las Banderas Suite 200 Rancho Santa Margarita, CA 92688 www.AttorneyJournals.com ADDRESS CHANGES Address corrections can be made via fax, email or postal mail.

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by Trey Ryder

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24 Managing Remote-Working Employees During the Coronavirus Pandemic

by Daniel H. Handman

26 Expect Some “Terror Management” in any Juries that Are Still Going to Court

by Dr. Ken Broda-Bahm

28 Seven Tips for Hosting Virtual Meetings: Coronavirus Cancellations

by Jennifer Simpson Carr

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12 Productivity Tips When Working from Home

by Mark Beese

As I write this, many law firms are shutting down their physical offices and having professional staff work from home. While most of us have worked from home before, often late at night or on a weekend, many professionals had not worked full time from a home office for an extended period.

I’ve been a consultant, trainer and coach for the past twelve years. I work from a home office in my furnished basement.

Most of my coaching is conducted over the phone or video.

Here are some of the things I learned about being productive when working from home.

4. Minimize distractions

1. Get dressed

5. Manage your time

While it is tempting to work in your jammies, you will be more productive if you “show up for work.” Shower, brush your teeth and put on some decent clothes. Remember that you will be connecting with co-workers and clients via video. While you are in your home, you are still going to work, so you must tell your brain, “Today is a workday, even though I’m not in my office.”

2. Stick to your routine as much as possible

The hardest thing about working from home is maintaining focus, especially in times of anxiety and change. Everything seems to call out for attention. The laundry, children, partners, social media, news, and that pile of random papers—they all want your attention. Just because you are working from home doesn’t mean that you can crank up the Spotify, watch CNN, have Facebook open on the second monitor and play Switch with your ten-year-old, all at the same time. Try focusing on doing one thing at a time. And do it well.

Use your calendar to schedule meetings and block out time for work that requires concentration. Use “time boxing” techniques to assign time on your calendar for important tasks.

Schedule time between projects to check on email and texts.

Try to stick to your plan as much as possible.

6. Focus, and plan for breaks

If you normally work 8:30 to 5:00, try to keep to the same schedule as much as possible. Even when you are working from home, try to live by the same rules that you have at work. You wouldn’t leave work to go for groceries in the middle of the day, so fight the urge to treat working at home as a working vacation or a busy weekend.

My grandpa used to say, “Plan your work and work your plan.”

Consider working in sprints of 60 to 90 minutes, then take a ten-minute break to walk around and clear your head. You can’t effectively focus on work, check email and texts, monitor social media, and deal with external interruptions all at the same time. Focus on one task and do it well, take a short break, and re-focus.

3. Create a dedicated workspace

7. Use your commute time wisely

Find a place in the home where you can minimize distraction and focus on work. Don’t just set up camp at the kitchen table (unless that is your only option and you can take over the space for the next few weeks or months). Clear the workspace from clutter and distractions. This is your “office” where you will expect yourself to be working. Try to avoid the bedroom or high traffic areas of the home, if possible. Make sure you have adequate lighting, seating and room for your laptop and work materials.

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Attorney Journals San Diego | Volume 200, 2020

The average worker in the United States has a 30-minute oneway commute. Many have a longer commute. Working at home gives you an opportunity to re-purpose that commute time.

Knowing that distractions will pop up when working from home, consider starting your workday when you normally leave the house and end when you would normally return from the office. This might give you an extra hour or so to deal with those non-work activities that arise during the day. This is especially true if your kids are home from school during this time.

8. Build in time to connect with colleagues This is important, especially for extroverts. Many of us will feel a little lost and anxious after days (or hours) of social distancing. Build in time in your day for a phone or video app conversation with a co-worker each day. Find ways to brighten someone else’s day with humor and caring.

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9. Use video meeting apps Applications like Zoom (free for small meetings up to 45 minutes), Microsoft Teams (free for a limited time), Skype or FaceTime are great tools that put you “on screen.” Connecting via video may be awkward at first, but it will help you feel more connected and accountable to each other. Before long, it will become second nature.

10. Don’t be too hard on yourself These are anxious times with a lot of changes. You will not be 100% productive on your first day (or days) working at home. Social isolation during the Covid-19 crisis will be hard.

If you find yourself wasting time on unimportant tasks or zoning out because of lack of sleep, give yourself a break, find a new direction, and move on. Eat healthy and get exercise.

Constantly beating yourself up about how you are falling behind or how you are not doing everything perfectly will only slow your progress.

11. Stop working and shift gears at the end of the day

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Develop an “end-of-work routine” that helps you transition from work mode to home mode. It may be literally shutting down the computer and putting your phone away. It might be having a conversation with your partner or someone else. It might be putting an “out-of-office” notice on your email. You need to shift from work mode to home mode at some point, otherwise you end up living in work mode, which produces guilt and anxiety (and lowers productivity).

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12. Take time to reflect and be grateful In times of crisis and change, it often helps to spend some time to reflect and an opportunity to evaluate what’s working in your life and what’s not. Take some time to re-calibrate and make some changes in your life. Focus on those things that you are grateful for and look for ways that you can help others. n Mark Beese is President of Leadership for Lawyers, LLC, a consultancy focused on helping lawyers and other professionals become better leaders and business developers. He provides training, coaching and consultation to firms in the areas of leadership development, business development and marketing. His clients range from small, single office firms to global AmLaw 100 firms. For more information, visit www. leadershipforlawyers.com and www.designthinkinglegal.com.

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Continuity of Care: Reassuring Clients You’re Prepared for COVID-19

by Susan Kostal The coronavirus outbreak has affected law firms around the country to varying degrees. In cities where the virus is more prevalent, firms have closed offices, asked employees to work from home, and some courts have curtailed caseloads and services. For clients who may already be anxious about their legal matters, this looks like barely controlled chaos. Anxious clients make any engagement more difficult.

Specific Tips for Your Messaging to Clients The COVID-19 pandemic has been a real-time communications lab experiment in how businesses and organizations share important information with their clients and customers. Gina Rubel wrote an excellent post here on creating and deploying a crisis communication plan. Building on her advice, here are some specific tips for messaging to reassure clients your firm is able to respond and meet their legal needs during a crisis.

How are you Responding from a Business Perspective? Clients Want to Know • If your office was or will be temporarily closed for deep cleaning, let the public know. You have everything to gain from sharing this information. Let your clients know the preventative measures your firm is deploying. If you don’t post something publicly, you run the risk that someone else controls the message, you fall prey to rumors, or appear to believe the crisis does not exist.

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Attorney Journals San Diego | Volume 200, 2020

• If some or all of your lawyers and staff are working from home, let that be known as well. Let clients know you are doing everything you can to keep your team safe and productive, which means their cases will be attended to appropriately. For example, let them know that phone messages are automatically forwarded and will be picked up in a timely manner. Clients will be reassured that you have a plan to protect your workforce, which means that their legal matters will continue to receive the proper attention.

• If you are curtailing office access to only essential personnel, let clients know. If settlement conferences or meetings need to be rescheduled or handled virtually, provide a simple reminder to check with their attorney or point of contact before showing up for previously scheduled meetings or events.

Offer Video Conferencing Sure, a phone call or email may suffice to convey information but consider using videoconferencing with both corporate and consumer clients if in-person meetings are not appropriate. Just seeing you in action will reassure clients, even if you are working from home.

Keep Messaging Simple and Clear FAQs are often a great way to communicate. Keep both questions and answers as concise as possible. Use short, declarative sentences. Include helpful links, but do not over-link.

It’s easy to become overwhelmed by too much information and too many links. It increases anxiety, rather than alleviates it.

That said, do not over-promise. Temper optimism about the strength of your preventive measures to ensure business continuity

with an acknowledgment that this is an evolving health and economic crisis. What you can promise is that you will continue to update clients about your firm’s capabilities and how you are protecting your workforce.

Post Information Where It’s Easy to Find A link on your homepage is the easiest way for consumers and corporate clients to quickly and easily find the information they are seeking. You may have sent out an email to clients, but did it make it to their administrative staff or internal business partners?

They shouldn’t have to go beyond your homepage to find it. Here’s an example from Dechert LLP’s homepage:

We Know Marketing Like You Know The Law

Consider a Personal Message Some firms have issued personal messages from the firm chair or managing partner, or even a short video address. It’s OK to acknowledge fear and uncertainty while tempering that with your stated commitment to respond appropriately. Cheer the hard work that your team has put in to commit to continuing to service client needs. And keep the door open for continued conversation.

Strengthening Relationships As you work to publish client alerts on what they should be doing to respond to the crisis, remind them what you are doing to ensure your own viability, which in turn ensures theirs. It will help ease their concerns and could very well be a touchpoint to strengthen your client relationships.

Here’s a good example of a law firm statement: Stikeman Elliott: “Our Approach to COVID-19” Crisis Evaluation Checklist and Messaging Matrix For more help with your crisis communication plan, download a copy of Gina Rubel’s “Crisis Evaluation and Messaging Checklist” and “Key Message Matrix,” excerpted from her book, “Everyday Public Relations for Lawyers,” 2nd Edition. The checklist is free to anyone who subscribes to Attorney at Work. n

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Susan Kostal is a legal affairs PR, marketing and business development consultant based in San Francisco. She is a contributing editor for Attorney at Work. Susan has covered legal affairs as a journalist for nearly three decades. This article first appeared on Attorney at Work. Reprinted with kind permission. You can follow her on Twitter @skostal and view more of her content at www.susankostal.com.

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COMMUNITY news n Johnson Fistel is pleased to announce that Reed F. Baker joined its San Diego office. Reed will focus his practice on commercial and business litigation.

Mr. Baker attended California Western School of Law, where he earned his Juris Doctor degree graduating cum laude and in the top 15% of his class. While in law school, Mr. Baker demonstrated REED F. BAKER excellent writing skills, was a published author, and served as the Associate Editor of California Western Law Review. He received the American Jurisprudence award in advanced legal writing, advanced legal research, and trial practice courses.

Mr. Baker previously worked as an associate at one of San Diego’s largest and oldest civil defense firms, where he represented Fortune 500 companies and medical providers in various complex civil litigation matters in both federal and state courts.

“I am thrilled to join such a reputable firm and look forward to assisting our clients obtain the best result possible,” said Reed. n Higgs Fletcher & Mack Partner Paul Pfingst has become a Fellow of the American College of Trial Lawyers, one of the premier legal associations in North America. Founded in 1950, the College is composed of the best of the trial bar from the United States, Canada and Puerto Rico. Fellowship in the College is extended by invitation PAUL PFINGST only and only after careful investigation, to those experienced trial lawyers of diverse backgrounds, who have mastered the art of advocacy and whose professional careers have been marked by the highest standards of ethical conduct, professionalism, civility and collegiality. Lawyers must have a minimum of fifteen years trial experience before they can be considered for Fellowship. Membership in the College cannot exceed one percent of the total lawyer population of any state or province. n Talon J. Powers has been named a partner at the real estate and business law firm Hecht Solberg Robinson Goldberg & Bagley LLP (HechtSolberg). He joined the firm in 2014.

Powers’ practice focuses on business litigation and risk management, with emphasis on construction, land use and environmental appeals, purchases TALON J. POWERS and sales, commercial leases, real estate brokerage, and insurance issues. He is a director on the board of Rebuilding Together San Diego, a local nonprofit focused on rehabilitating homes and facilities for San Diego residents in need, and was honored as one of the 2019 “San Diego Rising Stars” by Super Lawyers.

n Brown & Charbonneau, LLP is proud to announce that for the 23rd consecutive year, complex business litigator and jury trial veteran, Gregory G. Brown has again earned the prestigious AV-Preeminent® rating from Martindale Hubbell®. The AV Preeminent® rating is the highest possible rating given to a lawyer GREGORY G. BROWN and is established wholly on a peerreview basis. “I’m really proud to have maintained the AV-Preeminent rating and will continue to work hard each day to do what I can to raise the bar of professionalism and civility in the practice of law,” Brown said. Recent victories for Brown include a successful defense ruling after more than 4 weeks in trial in Orange County Superior Court, in which the plaintiff had sought more than $12,000,000 in recovery, in addition to potential punitive damages. Brown is the Founding Partner of Brown & Charbonneau, LLP, an award-winning business and corporate, litigation and family law firm based in Irvine, California. n Attorney Eric Traut won a $4.1M bench verdict on behalf of a plaintiff who suffered a mild traumatic brain injury in an automobile collision caused by an on-duty DEA agent, decided Feb. 28, 2020 by Hon. Phillip Gutierrez.

[Rufo v. United States of America #CV 18-2138.

With the court finding negligence, ERIC TRAUT breach and causation due to the DEA Special Agent looking at the center console at the time of collision on the 710 freeway, the accident caused permanent disability for the plaintiff, a former SoCal Edison Employee and Long Beach resident.

The verdict in Los Angeles Federal District Court followed a three-day bench trial with 14 experts and numerous percipient witnesses. The pre-trial offer was $900,000.

Traut has seen that many times the effects of a brain injury do not necessarily appear right away, an element that sometimes discourages or prevents individuals from seeking fair compensation following an accident because insurance companies and defendants tend to minimize or discount the injury. Says Traut of the award for his client, “It is my hope that this verdict brings some semblance of peace of mind for my clients and monetary relief for the family to compensate them for all that they have been through. Without question, Mr. Rufo would return the money in an instant if he could have his former life back again.

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Attorney Journals San Diego | Volume 200, 2020

n Sam & Ash, LLP, a personal injury law firm in Las Vegas and Newport Beach made a $1.125M gift to their alma mater, Chapman University’s Fowler School of Law. In addition to renaming the student lounge and rec room, the gift provides support for an in-house bar prep program available to all Fowler Law students, SAMUEL MIREJOVSKY a student scholarship and a named directorship for the law school’s Academic Achievement Program. The gift represents one of the largest donations in the law school’s history. Fowler Law Dean Matthew Parlow officially announced the renaming of the Sam & Ash Student Lounge, made possible by alumnus Samuel Mirejovsky, who co-founded Sam & Ash, LLP. n Cox, Castle & Nicholson LLP, a full-service law firm focused on real estate throughout the United States, proudly announces that its band “Castle of Funk” earned the overall and judge’s choice awards at the 9th Annual Law Rocks Los Angeles held on March 6 at the historic Whisky a Go Go on the Sunset Strip.

Law Rocks, a fundraising concert series starring legal professionals, raised over $154,000 at the March 6 and 7 Los Angeles tour. This year marked Cox, Castle & Nicholson’s fourth performance at Law Rocks, with funds raised benefiting United Friends of the Children, a Los Angelesbased nonprofit organization dedicated to bettering the lives of foster children and supporting foster youth in their journey to self-sufficiency. To date, Law Rocks has raised over $1.1 million for Los Angeles area nonprofits.

“Philanthropy is a core part of Cox Castle & Nicholson’s DNA, and our firm is proud to lend its musical talent to support the mission-critical work of United Friends of the Children,” said Preston Brooks, partner at Cox, Castle & Nicholson and board member of United Friends of the Children. “Our appreciation goes out to our friends and colleagues who rock out with us year after year in support of our charitable initiatives.”

n Saxe Doernberger & Vita, P.C. is pleased to welcome three new Attorneys to its West Coast office in Temecula, California. Of Counsel, Melanie A. McDonald brings an abundance of experience to SDV having represented, exclusively, policyholders on insurance recovery matter for more than 30 years. She has successfully represented clients in the recovery of insurance policy proceeds and related contractual indemnity and has prosecuted extra contractual claims of bad faith and violations of state insurance statutes.

Associate, Eric M. Clarkson brings extensive experience to the risk transfer and litigation teams at SDV. Having worked on complex civil disputes for state and federal courts, Eric has a keen perspective on how disputes may ultimately resolve and why. Associate, Ryan G. Nelson comes to SDV following a career in the military, having spent several years in the U.S. Marine Corps, where he rose to the rank of Captain, serving in a variety of billets as an Artillery Officer.

MELANIE A. MCDONALD

ERIC M. CLARKSON

RYAN G. NELSON

n Signature Resolution is proud to announce Hon. Abraham Khan (Ret.) has joined its panel as a mediator. He will focus on resolving matters related to business and commercial contracts, employment, real estate, entertainment industry, landlord/tenant, eminent domain, civil rights, and personal injury disputes. Judge Khan has more than 30 HON. ABRAHAM KHAN years of case settlement experience. For the past six years, he served as a full-time settlement Judge with more than 1,000 general jurisdiction cases settled in both State and Federal courthouses. Judge Khan has been a member of the Los Angeles Superior Court’s Arbitration/Alternate Dispute Resolution Committee for more than 10 years, and today serves as vice-chair of the committee. He is devoted to legal and judicial education and has lectured and written extensively on judicial settlements.

“Judge Khan’s temperament, experience and deep subject matter expertise makes him an excellent addition,” said Dario Higuchi, managing member of Signature Resolution. “He was the go-to settlement officer for many years and we’re thrilled to have him join our panel.”

“CASTLE OF FUNK”

Attorney Journals San Diego | Volume 200, 2020

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L AW Y E RS H E L P I N G OT H E RS L AW Y E RS H E L P I N G OT H E RS

YAHAIRAH ARISTY YAHAIRAH ARISTY transcenDANCE transcenDANCE

Yahairah Aristy volunteers on the Yahairah volunteers on the Board of Aristy Directors for transcenDANCE, Board of Directors transcenDANCE, a nonprofit that usesfor dance and perforamance nonprofit that uses dance andchallengperforto help teens overcome mance to help teens overcome challenges, expand ambitions, and create positive es, expand ambitions, and create positive change.

This free extracurricular program change.

This free extracurricular program is offered to students from “underserved” is offered to students from “underserved” schools and communities. schools and communities.

Students train year-round in various Students train year-round in various styles of dance and work with professionstyles of dance and work with al choreographers to co-create professionan annual al choreographers to co-create an annual summer performance at a professional summer performance at afosters professional theater. transcenDANCE creative theater. transcenDANCE fosters creative expression, teamwork, goal-setting, expression, teamwork, goal-setting, leadership, belonging, and more. leadership, belonging, and more.

Yahairah’s passion for helping youth Yahairah’s passion fordancing helpingdrew youthher and the simple joy of and the simple joy of dancing drew her to transcenDANCE. “Through music, to transcenDANCE. “Through music, dance, and the arts, transcenDANCE dance, and the arts,people transcenDANCE helps these young heal from helps these young people heal and fromreally trauma, overcome challenges, trauma, overcome challenges, and become the person they were meantreally to become the person meant to be. The students arethey awewere inspiring.” be. The students are awe inspiring.”

Many transcenDANCE students later Many students later return transcenDANCE as alumni and serve in leadership return as alumni and serve in leadership and mentoring roles as choreographers, and mentoring as choreographers, teaching artists,roles and volunteers. teaching artists, and volunteers.

The next summer performances will be The summer will July next 31 and Augustperformances 1 and 2, 2020, at be the July 31 and August 1 and 2, 2020, the Lyceum Theatre in downtown San at Diego.

Lyceum Theatre in downtown San Diego.

Visit www.tdarts.org to volunteer, Visit www.tdarts.org to volunteer, donate, or learn more. donate, or learn more.

Yahairah has served as a Deputy Yahairah has served as2005. a Deputy Public Defender since Public Defender since 2005.

Yahairah Aristy is not affiliated with Yahairah Aristy is Firm. not affiliated with the Vosseller Law the Vosseller Law Firm.

After each case, we donate a portion of After each fees case,towe donate a chosen portion of attorney’s a nonprofit attorney’s fees to a nonprofit chosen by the client. by the client.

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of Giving Back A LIFELONG TRADITION LEADS TO A LIFE-CHANGING CAREER

“My mom is a lifelong YMCA employee and we did a lot of non-profit work and a lot of volunteer work growing up. That was a core value for our household. When you go into the attorney world everyone thinks you’re in it just for the money and I was concerned about that when I was choosing a career.

I wanted to work where I could give back something to people and personal injury work is special that way,” says Jessica T. Sizemore-Wetzel, Partner at Gomez Trial Attorneys.

Sizemore-Wetzel was raised by a single mother who involved her daughter in that community-support organization early on. She handled camp programs, served as a camp counselor through high school and college, and even after college, and worked as a camp director at resident camps. Currently, she still volunteers with her mother at such events as the Healthy Kids Day and similar programs. She also makes financial donations to the organization.

She says, “I grew up thinking this was the way to be. Now as an attorney at Gomez Trial Attorneys, serving the community is at the center of everything we do. But the core of it all is making the effort to help people when they are at their worst. For me that was the perfect fit because I was raised with that mentality. I feel fortunate to have found a workplace that has the same core values I was raised with.”

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Attorney Journals San Diego | Volume 200, 2020

GETTING GOOD RECEPTION Sizemore-Wetzel has been with Gomez Trial Attorneys 13 years and has earned the position of Partner though an interesting path. Her first job with the firm was as a receptionist.

To explore her options after college, she took a receptionist’s position at a probate law firm but found that she had little interest in that area of the law. An ad for a receptionist for Gomez Trial Attorneys caught her attention and she quickly applied for and got the job. She admits to very early on having some concerns about the “ambulance chaser” image some associate with personal injury law, but that feeling was quashed by her first work experiences. She was immediately drawn to what John Gomez and his team were doing—connecting directly with clients and trying to help them with what they were going through.

“Walking in, I knew this was my home. I immediately felt this was an incredible group of people working hard to make other people’s lives better. That experience married my desire to help people with having an interest in the law. Once I did that, I knew that this was what I wanted to do with my life.” She says her “ah-ha moment” for choosing the law as a career came early in her work experience as the receptionist. She says Gomez saw her potential as an attorney, and more than that, as an attorney practicing in the personal injury field. He encouraged that career move by allowing her to sit in on depositions and client meetings

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and to observe trials. The eye-opening experience for SizemoreWetzel was a trial on a crematorium case where the company had lost the remains of a mother—a serious and sad event for the family. The firm won the case.

“I got the feeling that they felt like they took something away from the process. We actually helped somebody. It wasn’t just about getting their money. It’s about getting them a sense of righting the wrong. Wow, there’s something to this process. It’s not just about the money,” she says. After earning her J.D. from the University of Arizona College of Law in 2011 she joined the firm as an associate.

The move to Gomez Trial Attorneys paid off almost immediately in terms of job satisfaction, feelings of accomplishment and career advancement. Three days or so after being admitted to the bar, she began a trial on a premises liability brain injury case, taking her first witness in that case.

She says, “I recall the connection I formed with the family in that matter. A family who had been dragged through years of litigation, being called liars and fakers. A family that had been torn apart by their father/husband’s brain injury. We spent weeks trying that case and ultimately secured a $7.5 million dollar verdict for this truly deserving family. I still speak with the family and now our former client serves as a liaison for our clients who have suffered traumatic brain injury. To see what this family went through and how we were able to ultimately help them get their life back and see our client thrive and become an advocate for others was life changing for me. It has fueled everything I have done in the past ten years.”

PUT TING BACKGROUND IN THE FOREGROUND Her knowledge and experience outside of the law contribute to her continuing success in personal injury. She obtained a Finance degree from San Diego State University because the field provided a sound base for career moves and a good backup in case her interest in the law faded. Today that knowledge has proven valuable when attorneys and clients discuss and debate settlement terms and going to trial. She is able to provide sound, informed and practical information about the risks and rewards of moving forward. It helps on the business side in making certain clients do not outspend their recovery and to make sure the firm’s efforts actually add value to the litigation.

“Every dollar I spend comes out of my client’s pocket and I want to make sure those expenses are well-used. I’m all about putting as much money in their pockets as possible at the end of the day, too. Although money doesn’t make up for what they’ve been through, it helps get them to a better, more stable position,” she says.

Sizemore-Wetzel has a deep interest in science, particularly medical science, which can prove to be invaluable in personal injury cases. Before going to law school, she seriously considered going to medical school. She says, “I’ve been working on brain injury cases for about ten years and the amount of development 18

Attorney Journals San Diego | Volume 200, 2020

and change we’ve had in understanding those types of injuries is so fascinating. I’m one of those people who wants to read medical journals, medical studies and find out what’s going on because it’s fascinating how much progress we make every day. I’ve always had an interest in science. And that’s an interest we can put to good use in furthering the interests and well-being of our clients,” she says.

THE YIN AND THE Y A N G AT W O R K Sizemore-Wetzel specializes in premises liability cases and brain injury cases. She is on John Gomez’s trial team and so she is actively involved in whatever he is trying. Usually these are high value cases involving complex liability and medical issues. Her interest in medicine, particularly brain injury medicine, means she usually handles the medical and expert side of the case.

She has been a member of the John Gomez trial team for 13 years. She says they are such an effective team because they have such different personalities—polar opposites. “He’s a very loud, boisterous and large personality. He’s a true showman. I’m more behind the scenes getting everything ready by dotting the i’s and crossing the t’s. It’s a perfect fit because we balance each other out. He’s the ‘sizzle’ person and the one everyone wants to watch.

But the technical knowledge and the medical and scientific knowledge is important too and that is where my interests lie. We provide a good balance for the other’s strengths or weaknesses. It’s that yin/yang philosophy at work.” This dynamic partnership allowed them to secure a $16.2 million dollar verdict in a complicated mild traumatic brain injury case involving a slip and fall at El Pollo Loco in Bakersfield in 2018.

Last year they tried a case involving a 14-year-old girl who was struck by a van crossing the street on her way to school.

She suffered a severe traumatic brain injury and her life and that of her family have been irreparably harmed. They lost the case on liability. “After the verdict we all felt hopeless. We couldn’t believe it and just didn’t feel like the evidence supported that verdict. I wrote a comprehensive new trial motion and won,” she says. Motions for new trials are not frequently granted in these types of cases. While the ruling is on appeal, they are planning on trying the case again in 2020 or 2021. “What felt best about this was we were able to give hope back to this family who had lost it after that devastating jury verdict. It taught me to always keep fighting even when you think you have lost,” she says.

Jessica is a fierce woman and even fiercer trial attorney ...

Clients agree. One recently wrote, “Jessica is a FIERCE woman and even fiercer trial attorney and John is a WARRIOR and pursuer of TRUTH till the end. Thank you from the bottom of our hearts. We feel like an honorary Gomez Trial Attorney family.”

Š Bauman Photographers

From left to right: Amy L. Collins, Senior Paralegal; Jessica T. Sizemore-Wetzel, Partner; Kayla N. Lynk, Trial Attorney

© Bauman Photographers

EXPERIENCE

Sizemore-Wetzel says, “You can’t do this kind of work unless you like people. You must be a people person and you must recognize that much of your day may just be being there for your clients—someone who listens to them. I’m not a physician and there are things I just cannot do, but I can listen and provide a sounding board for them and continue to fight for them in the courtroom. Half the time that’s the battle. Sometimes they just need someone to listen, to understand and to show a little sympathy for what they’re going through.”

HOME LIFE AND A LOOK TO THE FUTURE Sizemore-Wetzel moved to San Diego in 2002 to attend SDSU. She immediately felt at home in her new community. “Realizing that it was much more my pace than LA, I quickly decided to make it my permanent home (minus that brief stint in Arizona to attend law school). I met my husband and stepson in 2017 and was married in August of 2019. We live in the North Park community with our wonderful child and two dogs.”

She is active in the community and currently serves as the cochair of the Leadership Development Committee for Lawyers Club of San Diego. People who know her might be surprised at her interest in watching horror movies—from the latest productions to the old black-and-white classics. She likens the adrenaline rush to that you obtain in the courtroom.

“With a little, but very high energy child in the house, most of my free time is devoted to spending quality time with my family.

We try to spend as much time as possible outdoors, particularly anywhere we can take our two pups. With all the wonderful hiking trails in San Diego there is never a shortage of places to explore,” she says.

Things are moving forward at the workplace also. She is moving from handling only single event cases to mass tort matters as well. “We are currently preparing several Roundup cases for trial. The science and medicine in these cases excites me so I am thrilled to learn more about this world! It is the next major step in my career. I want to help as many people in my life as I can and working on these mass tort cases you can help so many more people than you can on a single case. You really get to bring power to the case,” she says. n

C O N TA C T Jessica T. Sizemore Gomez Trial Attorneys 655 W. Broadway, Suite 1700 San Diego, CA 92101 619-237-3490 www.thegomezfirm.com

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» EDUCATION

• San Diego State University, 2006 B.S. Finance, Deans List • University of Arizona College of Law, 2011, J.D. – Law Review

» AWARDS AND ACCOMPLISHMENTS

• Three-time recipient of Consumer Attorneys of San Diego Outstanding Trial Lawyer Award (2017, 2018, 2019) • ABOTA National Trial College, Fellow • Super Lawyers Rising Star every year since 2016 • SD Metro Top Attorney 2019 • 2010 Southern Arizona Volunteer Lawyers Program Student of the Year

» MEMBERSHIPS

• San Diego County Bar Association, Member • Lawyers Club of San Diego, Member and Co-chair of Leadership Development Committee • Consumer Attorneys of San Diego, Member • American Bar Association, Member • American Association of Justice, Member

Value/Price Equation Drives Hiring Decision, Client Loyalty

by Trey Ryder

How much can you charge your clients?

You probably know lawyers who charge a fortune for their services and their clients happily pay it. At the same time, you probably know lawyers who have to fight for every dollar they earn.

What is the difference between these lawyers?

Often, it comes down to the value/price equation, which says: Prospects will hire your services—and clients will continue to use your services—as long as they believe that the value they receive from you is (1) greater than the price they pay, and (2) greater than the value they would receive from another lawyer for the same fee. In most cases, unless both conditions are met, you’ll lose clients.

How much prospects and clients value your services is the direct result of how well you provide things they believe are important. For example, how do you rate yourself in the following areas?

1. Knowledge, skill and experience.

The more you have, the higher your value.

2. Self-confidence.

The more confident you appear, the better your clients feel and the more peace of mind they enjoy.

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Attorney Journals San Diego | Volume 200, 2020

3. Responsiveness.

How quickly you return clients’ phone calls. How quickly you finish clients’ work. How quickly clients can see you in your office or talk with you on the telephone. The shorter the time, the higher your value.

4. Understanding and communication.

How well your clients understand what you tell them. How well and how often you communicate with clients about their cases. The better the communication, the higher your value.

5. Reputation.

The better your reputation, the more your clients value working with you.

6. Results.

The better the results you achieve for clients, the higher your value.

7. Relationship.

How much clients depend on you? How much clients feel they

can trust you? How long you and your clients have worked together. The stronger your client relationships, the greater your value.

8. Your reception area.

A pleasing appearance adds value. A dingy or drab look detracts from value. New magazines neatly arranged, a plus.

Old magazines thrown in a pile, a minus.

9. Greeting.

A friendly, warm, caring reception is a plus. Cold or impersonal, a minus.

10. Access.

If your clients get in to see you quickly, a plus. The longer they wait in the reception area, the lower your value.

11. Office location.

The closer it is to clients, the more value they perceive.

However, if clients never come to your office, this may have no effect on your value.

12. Parking lot.

When parking spaces are easily available, that’s more value for your clients. If your clients have trouble parking, that’s less value.

This is just the beginning. Everything in your relationship either adds to or subtracts from the value your clients perceive.

Whether it’s good service, peace of mind, or sports tickets, everything counts.

The one element that does not increase or decrease value is your fee. Your fee is your client’s gauge against which he measures your value. Regardless of whether your fee is high or low, the fee itself does not add to or subtract from your value.

If you have a low fee, it may be a competitive advantage if other lawyers have higher fees. But if higher-priced attorneys also offer their clients more value, then you’re comparing apples and oranges because what the client receives is not the same.

I had a friend who passed away a few years ago. He was a prominent tax attorney in Phoenix. Just after I graduated from college, our paths crossed, and he invited me to breakfast. From that day forward, I felt bonded to this man because he always treated me as if I were the most important person in the world.

Obviously, I was not in this man’s target audience. I was just a kid fresh out of college. But for the 23 years I knew him, I told people about my friend and mentor. I reinforced other people’s perception of his value.

This lawyer went to great lengths to add value to his services.

The moment I pulled into his parking lot, I knew he would take good care of me because he provided covered parking spaces for his clients. (In the summer heat in Phoenix, covered spaces have a high perceived value.)

And the spaces weren’t off in some far corner of the lot.

They were the very first spaces outside the building’s entrance.

I knew this man had power and influence or he wouldn’t have been able to get those spaces for his clients.

What’s more, when I entered his reception area, he served soft drinks in glass tumblers. (You would never find a pop can in this man’s office. He wouldn’t stand for it.) And ice cubes? Only the hard-frozen kind that were crystal clear. The spotlights in his reception area reflected off the ice cubes like sparkling diamonds in a jeweler’s showcase.

What did this man charge? The standing joke was that he charged twice what any other lawyer would dare charge. But his clients loved to pay their bills because they believed they had the top tax lawyer in town, and he treated them like royalty.

You can do a lot to increase your value to clients. The first things clients notice are speed and accessibility. The quicker clients get in to see you, the quicker you complete their work, the quicker you return phone calls -- all add value to your services.

Review the 12 points above and identify where you can increase your value. Remember, not all clients perceive value the same way. One client may appreciate a quick response. To another, speed might not matter. One client may like your covered parking spaces. But to the client who doesn’t come to your office, parking is not important.

If you want to make improvements in your value, ask clients what improvements they would value most. Or poll your most important clients to see what value they would like you to add.

Client loyalty is the result of value delivered over time. The more value you provide, and the longer you provide it, the more client loyalty you’ll enjoy. For years. For decades. For life. n Trey Ryder shares his marketing method with lawyers through a wide range of publications. In addition, he writes and publishes his free e-zine, The Ryder Method™ of Education-Based Marketing. And he maintains the Lawyer Marketing Advisor at www.treyryder.com. He can be reached at: trey@treyryder.com.

Attorney Journals San Diego | Volume 200, 2020

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Managing Remote Employees During the Coronavirus Pandemic

by Daniel H. Handman

The coronavirus pandemic had led employers around the country to move employees to remote work, where that is possible. In the highly regulated California workplace, that trend raises several significant questions and possible pitfalls for employers.

Meal and Rest Breaks Unlike offices, homes do not have time-tracking systems and unless your time-tracking is maintained online, it is reasonable to ask how you can effectively track employees’ time so that they are not working off the clock and that they are taking required meal and rest breaks. California overtime and meal and rest break laws apply regardless of whether an employee works at home or in an office.

If you have online time tracking software, you should be in good shape. Be sure to make sure employees use it and also that you monitor their time. Employers should be extra vigilant that hours worked are being recorded properly in a crisis like this.

But what if you don’t have that software? You may want to have employees send you an e-mail at the beginning and end of the day and at the beginning and end of meal breaks.

Supervisors should be told when employees reporting to them are on meal breaks so they can ensure that those meal breaks are uninterrupted. Alternatively, you can ask employees to record their time and send it to you in a daily email, but if you do that, be sure that your supervisors know in advance when employees reporting to them are on meal breaks so that they will not be interrupted. Again, as always, be sure to monitor these entries very carefully.

Lastly, send your employees a reminder about your meal and rest policies. You may even want to send copies of your policies to them. Remember, your obligation is to “provide” a meal break and to “authorize and permit” a rest break. Even California courts have recognized that employees bear some responsibility for taking timely breaks, and you should do everything in your power to make sure that they are reminded of that.

Reimbursable Business Expenses Labor Code Section 2802 employers to reimburse employees for “reasonable and necessary” expenses of their employment.

What does that mean for remote workers? There are some simple rules and they typically fall in a couple of categories.

Cell phones: Employees who use personal cell phones for work purposes should be reimbursed for a reasonable percentage of their bill for work-related expenses. That amount may increase now if you are having employees work directly from home. You should consider increasing such a reimbursement temporarily, 24

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informing employees that you are doing so, and confirming with them that the increased reimbursement is acceptable for them.

Internet usage: Employees who work from home should also temporarily be reimbursed a reasonable percentage for any WIFI expenses that are used for work. It may be as simple as taking their bills and dividing the amount of time they worked (presumably 8 hours) by the number of hours in a day (24 hours) to reimburse them for 1/3 of their usage while this period of unexpected remote work lasts.

Other expenses: Where does it end? What about furniture, electricity, water or other expenses? There are no reported cases we know of on these issues and because of that, we cannot give a definite opinion. The law, however, makes clear that the only reimbursable expenses are those which are “in direct consequence of the discharge of [an employee’s] duties.” Since we are dealing with employees who are temporarily required to work from home due to entirely unforeseen circumstances, we think it unlikely that these tangential expenses would meet that definition.

Workers’ Compensation There are reported cases of home-working employees slipping on a spill in the basement or getting injured while gardening at the same time as a work call. The truth is that those cases are outliers, but you still need to be cautious. As with your meal and rest policies, you should remind newfound home-working employees of your employee safety policies and instruct them to work in a safe location or let you know if that will not be possible.

As this situation unfolds and more and more employees are required to work from home, you will see wrinkles start to emerge in your policies and interactions with remote-working employees.

Here are a few guidelines: • First, you are not alone! Everyone is dealing with this unexpected situation for the first time, and we will all learn from it collectively.

• Second, keep an open mind. You will undoubtedly get unreasonable requests from home-working employees, and your gut instinct will be to shut them down before they finish. Resist that temptation. Listen to your employees and understand that they are scared, unknowledgeable, and that they are coming to you for advice.

• Third, review your policies and make sure that they communicate what you want employees to know. Now is the time for clarity and precision in your communications.

• Fourth (and finally), be creative. The cliché has been used far too many times, but we are in uncharted waters and these times call for creative solutions. n Daniel H. Handman, a partner in the firm’s Los Angeles office, could spend hours talking about his impressive roster of litigation victories.

These include successfully taking more than a dozen cases to trial, numerous favorable summary judgment rulings, and many arbitration successes. Dan’s areas of expertise include discrimination/harassment cases, wage & hour, and employee theft/trade secret litigation.

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Expect Some “Terror Management” in any Juries that Are Still Going to Court

by Dr. Ken Broda

As the coronavirus spreads, and mock trials are being rescheduled, many courts are restricting operations or shutting down completely, and people are rapidly adapting to a new normal of restricted events and “social distancing.” So, what’s with the run on toilet paper? Partly, you could say it is a rational response to the fact that we might be in our homes for some time, and partly, it is simply because everyone else is doing it and no one wants to be the last one to stock up. But, more broadly, the hoarding could be seen as an attempt to assert a feeling of control in an essentially uncontrollable situation.

In other words, in the face of an unknown and potentially terrifying future, we can always look at our toilet paper horde and say, “Well, at least I’m not going to run out of that.”

There is a psychological concept that explains that response: “Terror Management Theory.” It is the idea that, when there are situational factors that remind us of our own vulnerability and risk, and specifically when we are reminded of our own mortality, we will respond in some predictable ways. We will try to manage that terror by clinging more tightly to that which gives us a feeling of endurance and control. We turn to our cultural values, which might include religion, nationalism, or anything else that makes us feel like we’re part of something larger than ourselves. In that way, the salience of personal morality can make us more conservative, in the psychological rather than political sense. So for any jurors still going to court, or for when they eventually do make it back, it is important to think about how the pandemic will change their thinking.

What Is Terror Management Theory?

The idea is based on the writings of Ernest Becker, a cultural anthropologist, and particularly his 1973 Pulitzer Prize winning book, The Denial of Death. An article in the publication The

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Jury Expert (Lieberman & Arndt, 2009) is many years old at this point, but still does a good job of explaining and citing the foundational research behind Terror Management Theory.

The basic conflict Becker addresses is that we are aware of our own mortality, but also possess a basic animal-like focus on self-preservation. To deal with the resulting conflict, we develop and adhere to complex cultural systems and beliefs in order to manage the terror. The situation, also known as “the human condition,” leads us to turn not just to religion, but also to nationalism, or other fundamental beliefs and philosophies out of a desire to be connected to something that lasts. “By living up to the prescriptions of socially sanctioned behavior,” Lieberman and Arndt write, “one can obtain a sense that one’s existence is meaningful and that we are important participants of a larger, and enduring, entity.” We use that to stave off the existential fear of death.

The theory posits that, while the conflict between morality and self-preservation is always present, when we are reminded of it, it becomes more influential in driving our attitudes.

The main principle of terror management theory is that when there are cues that push our mortality to the front of our consciousness, like a rapidly advancing global pandemic, for example, that will cause individuals to dig in even more deeply in defense of their belief systems, because those are the only things managing that existential terror. That greater investment leads us to show greater support to those who support our worldview, and to respond more negatively to anyone who might be seen as threatening it.

So the principle is that Momento Mori—the Latin expression of “Remember that you will die”—has some predictable psychological consequences.

How Does Terror Management Influence Jurors?

Terror Management Theory provides a reminder to consider the jurors’ personal context for viewing your case. If something inside or outside of the case touches them as a reminder of their own mortality, then jurors will become more protective and more conservative regarding their own culture, identities, and beliefs. This is an effect that some observed after the September 11, 2001 terrorist attacks once trials got back into session. They were prone to ‘play it safe’ when it comes to their own values and in-group identities.

Of course, there is a dark side to that tendency: As jurors retreat into their own cherished worldviews, they’re also prone to become more hostile to outsiders and others who are different. In sentencing or awarding damages, they may become more favorable to those similar to them and more punitive to those who are not. Researchers have also observed a tendency for those who have been reminded of their own mortality to become more authoritarian, in the sense of becoming more focused on rule-following and order. There is an enhanced concern for fair process and for following the law and the instructions. People are also more likely to think in stereotypical ways regarding others. As if we are conserving

our mental resources as well, it gets a little easier to trust our snap judgments.

This process is not necessarily conscious, and people are not necessarily aware that their focus on their own mortality is influencing them in these ways, so it doesn’t work to simply ask people in voir dire if they think that recent events have influenced their views. Instead, it is better to ask about attitudes. Terror management doesn’t involve a new set of beliefs. Rather, these reminders of our vulnerability just serve to add energy to our existing cultural views. So, the advice is to use whatever jury selection tools that are available to find out about these views, knowing that in times of crisis, they will be even more strongly committed and reluctant to set them aside. n Dr. Ken Broda-Bahm has provided research and strategic advice on several hundred cases across the country for the past 21 years, applying a doctorate in communication emphasizing the areas of legal persuasion and rhetoric. As a tenured Associate Professor of Communication Studies, Dr. Broda-Bahm has taught courses including legal communication, argumentation, persuasion, and research methods. He has trained and consulted in 19 countries around the world and is Past President of the American Society of Trial Consultants.

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Attorney Journals San Diego | Volume 200, 2020

27

Coronavirus Cancellations

7 Tips for Hosting Virtual Meetings

by Jennifer Simpson Carr

In the first quarter of 2020, we have experienced an unprecedented change in how we communicate. For many, the preferred method of communication has been in-person.

Then, on March 11, 2020, coronavirus (COVID-19) was declared a global pandemic by the World Health Organization (WHO). Institutions across the globe have temporarily closed, from churches in Rome and synagogues in Israel to law firms, schools and universities around the world.

In light of these closures and the Centers for Disease Control and Prevention (CDC’s) guidelines for social distancing, we have compiled tips for how to capitalize on virtual meetings.

1 Test Equipment In anticipation of working remotely, ask employees to test their equipment at home to ensure that they have adequate WiFi, can connect to the company’s video conferencing tools, and confirm that video and audio are working. Consider holding a test meeting.

2 Don’t Assume With five generations currently in the workforce, meeting participants are likely at different levels of comfort with technology. Provide employees with a checklist regarding how to test their equipment. Help to prepare employees with best practices for virtual meetings and provide resources to assist employees who run into difficulty during setup or testing.

3 Set Ground Rules As a team or as a team leader, set ground rules for your meetings to help team members stay focused and to keep the meetings efficient. Rules can include no checking emails, no multi-tasking, and using the mute button unless you are speaking to minimize background noise.

4 Have an Agenda Circulate an agenda in advance to allow participants time to prepare and collect their thoughts as well as any supporting information or documentation. The agenda should include

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the goals for the meeting so participants understand what the group is working to accomplish during that time. It is also helpful to restate the meeting goals at the onset of the call.

5 Be Inclusive Designate a participant or moderator to call on individuals by name to participate in the conversation or share their thoughts.

This is especially helpful to engage more quiet, soft-spoken or introverted participants.

6 Find Creative Ways to Engage For larger teams, it may not be realistic to call on each participant by name. Utilize voting or brainstorming tools to allow participants to share their feedback in a streamlined way.

7 Be Supportive We are in uncertain times. Everyone reacts to situations differently and is informed by their own experiences including their cultures, religious beliefs, lifestyle, etc. It is easy to forget that our perspectives and stress levels vary, as do our ways for dealing with challenges. You should offer support and encouragement for your team, acknowledge the situation, demonstrate gratitude for their flexibility, and continue to lead by example from your remote meeting location.

On a final note, one of the best pieces of advice I have ever received is to assume good intent. (Thank you, Legal Marketing Association.) View comments, recommendations, feedback and thoughts that your team members share with the belief that they are shared with good intent. This is especially good advice as we navigate today’s reality, which is changing by the minute. n As the business development director for Furia Rubel, Jennifer Simpson Carr leads relationship management with prospective, new and existing clients. She tracks market and emerging trends, supports the agency’s client value proposition, and assists the agency and clients with establishing competitive advantage, winning new business, and implementing strategies that impact long-term business objectives.

Learn more at www.furiarubel.com.

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