Attorney Journal, San Diego, Volume 168

SAN DIEGO

Volume 168, 2017 $6.95

5 Things to Ask Before You Say Yes to a Speaking Gig

Merrilyn Astin Tarlton Protecting Your Firm From Ransomware

Miguel Vega

7 Ways to Make Billing More Effective

Jeremy Diviney

California Case Summaries Civil™

Monty McIntyre

Convert Unhappy Clients into Fans

Mike O’Horo 3 Biggest Leadership Mistakes People Make Today

Brian Tracy

Attorney of the Month

Daryoosh Khashayar, Khashayar Law Group, San Diego Tried, Tested & Triumphant

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2017 EDITION—NO.168

TABLE OF CONTENTS

16

6 Seven Ways to Make Billing More Effective

by Jeremy Diviney

8 Protecting Your Firm From Ransomware

by Miguel Vega

10 Five Things to Ask Before You Say Yes to A Speaking Gig EXECUTIVE PUBLISHER Brian Topor EDITOR Wendy Price

by Merrilyn Astin Tarlton

12 COMMUNITYnews

CREATIVE SERVICES Skidmutro Creative Partners

8

CIRCULATION Angela Watson PHOTOGRAPHY Chris Griffiths

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.

ATTORNEY OF THE MONTH

16 Daryoosh Khashayar, Khashayar Law Group, San Diego Tried, Tested & Triumphant

by Jennifer Hadley

STAFF WRITERS Jennifer Hadley Dan Baldwin Karen Gorden CONTRIBUTING EDITORIALISTS Jeremy Diviney Miguel Vega Merrilyn Astin Tarlton Brian Tracy Monty McIntyre Mike O’Horo

22 Three Biggest Leadership Mistakes People Make Today

by Brian Tracy

28

24 California Case Summaries Civil™ Organized Succinct Summaries of Some New California Civil Cases

by Monty McIntyre

28 Convert Unhappy Clients into Fans

by Mike O’Horo

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 2017 by Sticky Media, LLC. All rights reserved. Contents may not be reproduced without written permission from Sticky Media, LLC. Printed in the USA

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7 Ways to Make Billing More Effective

L

awyers may practice in different areas of the law and serve a wide range of clients, but most seem to share a common aversion: They hate doing timesheets. Despite this near universal resentment toward tracking time, most lawyers eventually learn that they need to be effective in billing clients to have a thriving practice.

Here are seven important steps to help make your billing more accurate, client-friendly and effective.

1. Promptly Track Your Time The best way to bill accurately is to immediately record your time after completing a task. Trying to remember the details of billable activities after the fact is not easy and can lead to overestimating or underestimating actual hours worked.

Tech-savvy law firms have systems in place that encourage prompt timekeeping. Some enable lawyers and staff to record both billable and nonbillable time in the office and on the go.

Time-tracking systems help you provide accurate and detailed information in client invoices. Without this kind of support, you may end up spending more (unbillable) time later on editing your clients’ bills.

2. Know Clients’ Billing Procedures It is important to learn your clients’ billing policies and practices at the beginning of a business relationship.

Clients usually include this information in their retainer agreement, explaining expectations concerning staffing, budget

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Attorney Journal San Diego | Volume 168, 2017

by Jeremy Diviney and timekeeping practices. It is critical to know these rules so you can successfully account for hours worked and meet the client’s expectations.

Corporate clients are increasingly requesting task-based billing, which tracks a firm’s billing by each litigation task.

Each activity is assigned a computer code that is preselected by the client. The client can then electronically sort items and analyze an invoice. These clients expect outside counsel to learn and understand these unique task-based billing codes.

3. Produce a Detailed Invoice You do not want an invoice that leaves you open to questioning but you also want to make sure that it is easy to understand.

You need to include detail that justifies the need for the specific completed task without being too wordy or confusing.

Don’t overuse general terms that do not sufficiently explain the level of work completed or the necessity of a task. Simple phrases such as “document review” or “deposition preparation” are not sufficient for today’s demanding corporate clients. You need to be more specific in your billing descriptions. The invoice is representing how well you work to get the job done.

You also want to itemize each activity and the amount of time worked. Stay away from “block billing,” which is when lawyers group a series of tasks under a single time entry. Many clients object to this type of billing practice and it also makes it difficult in the future to fight for wages not paid by clients if necessary.

4. Remember It’s an Invoice, Not a Legal Brief It is important to realize that more than one person will likely review your invoice. The review may begin with the in-house counsel assigned to the case but then it may be looked at by other legal and support staff, accountants and third-party auditors. While you want to use appropriate legal language, you need to remember that people not trained in the law may also be assessing your performance. A client who can easily understand the work you completed is likely to approve and promptly pay your invoice.

5. Don’t Wait Too Long to Bill a Client Whatever your fee arrangement is with your client, promptly send your invoice after completing client work. This means making the invoice processing a priority as soon as the work is done. Online payment options can also make it easier for clients to pay than traditional methods, but many companies issue payments periodically in batches, or in specific billing cycles. If you delay invoicing, you may miss a cycle and then payment will be delayed, potentially impacting your cash flow.

Invoicing promptly creates an impression of thoroughness, and is another way to market your professionalism to your clients.

6. Keep Your Team Motivated A law firm’s culture is key to boosting billings and collections.

Most lawyers are self-motivated and want to succeed. It is important to encourage personal responsibility with young associates when discussing the business practices of your law firm. Lawyers should want to accurately track their time to demonstrate their contribution to the firm, whether it is chargeable hours, client development, firm marketing activities or pro bono work. Creating a culture where all staff understand their vital contribution to the firm’s bottom line will help move the billing process to the top of everyone’s to-do list.

7. Y our Time May Be Your Product, But It’s Not Your Value Every hour counts in a law firm, but you want your clients to appreciate your intellectual capital and experience.

Effective timekeeping and invoicing helps accurately reflect work performed and will demonstrate your value to your clients. When the billing process is done well, your clients will understand the true value of having your law firm as a business partner. n Jeremy Diviney is President and co-founder of Bill4Time, web-based time billing software serving both small and large professional services firms. With offices in New York, Seattle, and Pittsburgh, Bill4Time creates simple-to-use, intuitive and userfriendly software. Previously published in Attorney at Work.

Attorney Journal San Diego | Volume 168, 2017

7

Protecting Your Firm from Ransomware

by Miguel Vega

R

ansomware attacks are affecting every type of business in America, and law firms are no exception. For those new to the term, ransomware is a type of malware that operates by encrypting files on a system and demanding that a ransom be paid to have them decrypted. While encrypted, these files are unable to be accessed, which can be a huge issue when they are needed for day-to-day business operations. The problem worsens when personally identifiable information such as names, birthdates and Social Security numbers are compromised. Law firms are often a treasure trove of sensitive information and make attractive targets for cyber criminals, as compromising a firm typically garners a big payout.

Recently, the most advanced ransomware on the planet rampaged throughout the world affecting hospitals in England, universities in China, rail systems in Germany and even auto plants in Japan. Named WannaCry, this malware was made possible by stolen National Security Agency cyber weapons and could spread throughout a network due to a previously unknown vulnerability. Once a system had been compromised, WannaCry would encrypt files and display a notice to the user demanding payment of $300 in Bitcoins, a nearly untraceable digital currency, or the amount would double to $600 within three days. If the amount was not paid within a week, all files would be permanently deleted.

From a business standpoint, it’s a lot easier to pay the 8

Attorney Journal San Diego | Volume 168, 2017

ransom since it’s a quick fix to a potentially disastrous problem.

Additionally, because of modern encryption, it’s impossible to retrieve those files any other way. The likely scenario, however, would involve all systems in a network to be compromised bringing the ransom figure well into the thousands. The cyber criminals on the other side of the attack profit immensely from the use of this extortion.

Earlier this year, Moses Alfonso Ryan LTD, a prominent law firm in Providence, Rhode Island, was crippled by ransomware that demanded payment of a staggering $25,000. After paying the amount, the initial key to decrypt its records failed to work, causing the firm to lose approximately $700,000 in lost billings over a three-month period. This resulted in a lawsuit against their insurer Sentinel Insurance Co. for breach of contract and bad faith after it denied its claim.

The question arises of what can be done to protect your business. Ransomware is normally introduced into a network or system via an email attachment that causes it to be installed once opened. Most users are smart enough to avoid unknown emails, however as technology has advanced, criminals have also become smarter. As one law firm put it, “We’ve had emails come to our lawyers purportedly from third-year law students enclosing their resumes … it wasn’t a resume, it was ransomware.” Because of the specific targeting used, determining what separates a legitimate email from spam and

malware becomes tricky. It would be naïve to think that avoiding emails would prevent a malware outbreak. To be fully prepared, law firms need to take it one step further and follow best practices when it comes to safeguarding their business and clients.

Update Your Operating System Not long after WannaCry was released, researchers were able to determine the vulnerability that was being exploited to allow the malware to spread undetected. This vulnerability was present in the Windows operating systems dating back to Windows XP. Microsoft was quick to react and pushed out a patch through Windows Update. Not every malware on the Internet makes use of such complicated vulnerabilities, and there is a good chance that simply by keeping your systems up to date you can avoid a plethora of potential attacks.

Regular Backups In the event that you are attacked and your files are encrypted, having a backup of your data allows you to simply roll back to a point before the attack, allowing you to avoid having to pay the ransom. Backups should be made as frequently as feasibly possible, weekly at a minimum, but preferably on a daily basis. It’s also extremely important to test these backups to ensure they are working as intended. Lastly, malware

often spreads to other systems on your network, so an offsite location to house these backups or even cloud storage would be preferable.

Antivirus Similar to updating your operating system, an antivirus is your system’s first line of defense when it comes to malware.

Have antivirus software, make sure it’s regularly updated, and run it on a weekly basis.

Ransomware poses a big threat to law firms, which rely on technology to run a practice. As was seen by the Rhode Island law firm, malware can have a tremendously negative effect on your firm’s finances. Being informed about how ransomware works, best practices in dealing with attacks, as well as setting up preventative and protective measures can prevent your firm from becoming a victim. n Miguel Vega is a Web Developer at Consultwebs, Miguel provides many services, including: Planning, building and supporting internal and public-facing web applications, websites and plug-ins; working with a support team to troubleshoot issues, fix bugs, implement changes and perform site migrations, maintenance and updates; and routinely analyzing and evaluating security risks within company code and network infrastructure. Visit Consultwebs.com.

“When claims are wrongfully denied, we know how to fight back on your behalf.”

San Diego trial lawyer Greg Ryan got his start as an insurance attorney. He later expanded his expertise to include construction law, business litigation, personal injury and employment law.

This “AV Preeminent rated Attorney” is known as a meticulous investigator and legal strategist.

Ryan consistently and clearly presents cases to key decision-makers; this often helps clients achieve their litigation goals without the expense of a courtroom battle. When court is unavoidable, Ryan & Associates has the experience and knowledge to battle for your rights. “When the claims are wrongfully denied, when payment is refused, or when policyholders are victimized by insurance professionals, we know how to fight back on your behalf.”

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Attorney Journal San Diego | Volume 168, 2017

9

5 Things to Ask Before You Say Yes To a Speaking Gig

by Merrilyn Astin Tarlton

M

ost professionals have a complicated relationship with public speaking—particularly if it is a good business development opportunity. On the one hand, you’re pretty sure you want this gig. It could be the start of something good for your practice. On the other, it can be darn intimidating to stand up in front of a crowd knowing they expect you to be the expert.

Talk about pressure!

information associated with it. Effective conference organizers will ask participants to share comments and specifics in addition to circling numbers on a scale. It is valuable to you to learn you need to do a better job of projecting your voice to the back of the room and repeating the questions people ask before responding to them.

Start Out on the Right Foot with These Five Questions

At the very least, this will help you gauge how much effort will be necessary to excel in this instance. Some programs will require something akin to a scientific paper (10 to 25 pages with footnotes) months in advance, while others merely hope you will bring something to hand out on the day of the event. Of course, it is always best to put something into the hands of your audience. Ideally, written materials will not merely repeat your speech but will provide additional useful information. Also, your name, firm name, contact information, website URL and social media handles will be featured nicely on every page!

It will help you manage your anxiety and do an extraordinary speaking job if you get lots of information up-front. The best time to get the lowdown is before you agree to speak. In fact, based on what you learn, you may choose not to say yes. Here are five key questions to ask right out of the chute, before you say you’re all in.

1. How many people are expected to attend?

Depending on your practice focus and topic, you may want as many people as possible present (can you say keynote?) or an intimate number that allows you to connect in a personal way.

High-net-worth tax planning? You probably want an exclusive session with a small group of hand-picked participants.

Employment law defense practice? I’d hope for a large group of human resources executives to help you continue to build your contacts … which leads to the second question.

2. Will you share the final attendee list and their contact information with me?

This is a biggie in terms of new business generation. A speech is merely a speech until you leverage your participation by adding everyone’s name to your contact list and sharing new information and materials with them over time. Maybe next time you will be the program organizer and you’ll send an invitation to those on the list you want to target. In fact, this can be so important, you may want to negotiate for it if it isn’t immediately offered—perhaps a lower speaking fee?

3. Do you plan to ask for feedback on speaker performance and may I receive a copy of the summary?

The best way to become an impressive speaker is by speaking, speaking, speaking—and getting actionable feedback. With emphasis on “actionable.” It won’t help to learn the crowd thinks you are a 3.5 on a 1 to 5 scale unless there is specific 10

Attorney Journal San Diego | Volume 168, 2017

4. Do you require written materials in advance?

5. What do you anticipate will be the hottest question about this topic in the minds of the audience?

It never hurts to get a little help focusing your program. Asked this way, you are likely to get some big-picture answers, but that’s what you want. “How can I protect my small business against personal injury risk?” “Can I prevent an employee from stealing trade secrets when she leaves for another job?” “Will passing on money to my grandchildren before I die protect against them paying massive taxes on it?” This way you will be able to craft your own focused answers.

BONUS: A Handful of More Questions to Ask Where will this take place? What will the room be like? Will I be on a panel or on my own? How much time will I have to speak?

Will you compensate me for my time? Cover expenses? Tell me about the best speaker this group has ever had. n Merrilyn Astin Tarlton is the author of the new Attorney at Work book Getting Clients: For Lawyers Starting Out or Starting Over. She has been helping lawyers and law firms think differently about the business of practicing law since 1984. She is a founding member of the Legal Marketing Association, an LMA Hall of Fame inductee, and a past President of the College of Law Practice Management. Merrilyn was a founding partner of Attorney at Work. Follow her on Twitter @astintarlton. Previously published in Attorney at Work.

COMMUNITY news n A San Francisco federal judge has appointed CaseyGerry’s managing partner David S. Casey, Jr. to the national Plaintiffs’ Steering Committee (PSC) overseeing the Eco Diesel Litigation against Fiat Chrysler now pending in the United States District Court for the Northern District of California.

DAVID S. CASEY, JR. Casey Jr. and Rachel Jensen of Robbins Geller are the only San Diego attorneys to serve on the committee, which now oversees litigation for In re Chrysler-Dodge-Jeep EcoDiesel Marketing, Sales Practices and Products Liability, MDL No. 17-MD-02777-EMC— a case similar to the VW Diesel Emissions litigation.

Plaintiffs allege Fiat Chrysler Automobiles NV installed emission-cheating devices—hiding the true emission levels that exceeded government standards—in select Jeep and Dodge vehicles, selling them as “eco-diesel” vehicles.

A third-generation attorney, Casey Jr. has helped his firm recover billions of dollars on behalf of clients and has spent 43 years practicing law. He is past president of the American Association of Trial Lawyers (now known as the American Association for Justice) and has been lauded with numerous professional accolades throughout his career, including a perpetual award in his honor, the “David S. Casey, Jr. Consumer Advocate Award” from the Consumer Attorneys of San Diego. n Seltzer Caplan McMahon Vitek is pleased to announce that shareholder Dan Eaton was elected president-elect of the Harvard Law School Association (HLSA)—a more than 125-year-old organization serving some 38,000 Harvard Law School alumni across the globe. After serving one year as DAN EATON president-elect, Eaton will serve a two-year term as president beginning in July 2018.

Eaton, a partner in the firm’s Litigation Department, concentrates his practice on defending and advising clients on a broad range of employment issues. He has written and spoken extensively on employment law, business and legal ethics, and other legal topics throughout much of his career, often appearing in local print and broadcast media as a legal analyst. Since 2007, he has taught classes in ethical decision making and employment law at San Diego State University’s Fowler College of Business. He received his law degree, cum laude, from Harvard Law School in 1989. He has served on the HLSA Executive Committee and as president of the association’s San Diego chapter.

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Attorney Journal San Diego | Volume 168, 2017

n Finch, Thornton & Baird, LLP has added two new attorneys to its growing ranks. Attorney Derek J. Onysko practices in the areas of construction law, business and commercial litigation, and federal procurement while representing clients in matters involving state, local government, federal and private construction projects. His practice covers DEREK J. ONYSKO litigation matters from complaint filing through judgment collection, involving a wide variety of issues including breach of contract, contract interpretation, general contractor/subcontractor disputes, owner/general contractor disputes and lien law.

Attorney Jeanne W. Murray works with in-house counsel, business owners and executives to provide legal expertise JEANNE W. MURRAY in construction law, business and commercial litigation, and government and regulatory law. Ms. Murray’s practice focuses on bringing effective and efficient resolution to matters involving public and private works disputes, subcontractor listing and substitution issues, surety bond claims, and construction defect claims. The scope of her representation includes all aspects of litigation from complaint filing through jury trial and judgment collection.

Clients include general contractors, subcontractors and construction suppliers. n Solomon Ward Seidenwurm & Smith, LLP is pleased to announce that Deborah Yates has joined the firm as an associate. Ms. Yates joins the firm’s business litigation and intellectual property and technology practice groups.

With 10 years’ experience in litigating, Ms. Yates has represented a wide range of business clients, from small private DEBORAH YATES schools to international pharmaceutical companies.

For several years before joining Solomon Ward, Ms. Yates served as Counsel at the law firm WilmerHale in Washington, D.C., where she was litigator within the IP Department of the Year named by The American Lawyer in January 2014.

At WilmerHale, Ms. Yates litigated in both state and federal courts, with issues ranging from breach of contract to patent infringement.

Yates received her J.D., first in class, from George Mason University School of Law; her M.B.A., with the highest distinction, from The Wharton School of the University of Pennsylvania; and her B.S., summa cum laude and valedictorian, from the University of Maryland.

n Dinsmore & Shohl LLP attorney Joseph Leventhal has been elected to the Federal Bar Association’s Board of Directors for a three-year term beginning in October.

Founded in 1920, the Federal Bar Association (FBA) is a voluntary professional organization JOSEPH LEVENTHAL of more than 18,000 members nationwide, including lawyers, judges, and law students who practice in the federal system or have an interest in federal law. The FBA seeks to strengthen the federal legal system and administration of justice by serving the interests and needs of federal practitioners, both public and private, the federal judiciary and the public.

Leventhal, office managing partner of Dinsmore’s San Diego office, is a litigator whose practice spans all areas of business litigation, including the defense of class actions, patent litigation, complex contract matters and white collar defense. Previously, he served as an attorney in the White House as deputy assistant to the vice president. n David J. Vogel, a real estate lawyer with Hecht Solberg Robinson Goldberg & Bagley LLP (HechtSolberg), has been admitted to the American College of Mortgage Attorneys (ACMA) as a fellow. He is one of only three ACMA Fellows in San Diego County and 38 in the state DAVID J. VOGEL of California. The criteria for selection includes distinguished practice in the law regarding real estate mortgage transactions, bar association involvement, publications, speaking engagements and community service.

Vogel practices in a wide variety of real estate matters, including finance transactions, acquisitions and dispositions, development matters, common interest developments and general business transactions. In addition, Vogel leads the day-to-day operation of HechtSolberg’s Finance Transactions and Common Interest Developments practices.”

Vogel has received a number of accolades since joining HechtSolberg in 2010, including “Best of the Bar” by the San Diego Business Journal in 2016, “Best Attorneys in San Diego, 2016” by San Diego Metro Magazine and “San Diego Rising Stars” 2015-2017 by Super Lawyers.

n Klinedinst PC is pleased to announce the elevation of David Majchrzak and Brian Murphy to Senior Counsel in the firm’s San Diego office. David Majchrzak is a seasoned ethicist and civil litigator with significant motion, trial, and appellate experience. Mr. Majchrzak performs law office risk management reviews, trains law firm staff in ethics DAVID MAJCHRZAK requirements, and advises on a variety of topics. He currently serves as a member of the marketing committee for the Association of Professional Responsibility Lawyers and as the Vice Chair of the San Diego County Bar Association’s invitation-only Legal Ethics Committee, which he will chair in 2018. Mr. Majchrzak is co-editor of SDCBA’s Ethics Quarterly and frequently presents BRIAN MURPHY to attorneys in the Southern California region on legal ethics.

Since joining Klinedinst San Diego in 2007, Brian Murphy has focused his practice on professional liability as well as foreclosure law. He has extensive experience defending attorneys from all manner of claims, ranging from simple negligence and fee disputes to fraud and intentional torts. With regard to foreclosure, Mr. Murphy defends lenders and loan servicing companies on wrongful foreclosure and related claims. His clients now include many respected Southern California attorneys, as well as national lenders and their loan servicing companies. Mr. Murphy is active in the legal community and serves as the San Diego Leadership Committee Co-Chair of Lambda Legal.

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Attorney Journal San Diego | Volume 168, 2017

13

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Tried, Tested & Triumphant Khashayar Law Group Secures Position as One of Southern California’s Top Verdict-Winning Trial and Transactional Firms

by Jennifer Hadley

“

The reason I love trial work is because no matter how complicated lawyers try to make the law, when it comes down to it, it’s about connecting with people. Yes, you must know procedure, you must know how to get evidence in, but in the end, it’s about presenting your story to 12 regular people you’ve never met.

This simple system works,” says Daryoosh Khashayar, founder of Khashayar Law Group, with offices in San Diego, Vista, and Beverly Hills.

Khashayar certainly knows how to tell his clients’ stories to juries, as evidenced by the staggering $61.587 Million Jury Verdict he obtained for his client in Asbaghi v. Nydegger. The case became the top jury verdict in San Diego in 2016, along with being the #5 largest verdict in California, and the 22nd largest verdict in the nation that year. It remains one of the largest single case verdicts in San Diego history.

So how did Khashayar become one of the most lauded trial attorneys in Southern California? To hear him tell it, it all began with a speeding ticket.

Trying His Hand: The Early Cases While attending San Francisco State University, pursuing his undergraduate degree in Psychology, Khashayar began learning the ropes of the law due to a speeding ticket. “I went to the law library to figure out how to fight it,” he recalls. Pretty soon, he found himself helping friends and peers with issues such as problems with their leases. “I volunteered at the University’s Legal Aid Center, and started helping students with all kinds of legal issues. I knew from that point on that I wanted to become an attorney.”

He went on to attend the John F. Kennedy School of Law, before being admitted to the California Bar in 2005, and subsequently heading south to Southern California. “My cousin 16

Attorney Journal San Diego | Volume 168, 2017

Bob Semnar was working in Southern California, and asked me to join him and open our own office, and I dove right in,” he says.

Within just months Khashayar was taking depositions. “I was not picky. As long as I thought their case had merit, I’d take the case to get experience,” he says. When cases came in that were too big for Khashayar to take on his own, he simply brought in experienced attorneys. “Being in Consumer Attorneys of San Diego (CASD) put me in a great spot for mentoring. So many attorneys were willing to help me out. I did whatever I could to get my clients the best results. It wasn’t about the money on a case, I just wanted to get the experience, and I did. I was able to second chair a lot of trials very early in my career.”

In addition to Semnar, Khashayar says that Robert Hamparyan in particular was a source of constant encouragement and support as the young lawyer began building a name for himself as a fearless trial attorney. “I could call Robert at 11:00 at night, and he would help me,” Khashayar says. “The legal community here supported me right from the start,” he adds.

Khashayar’s eagerness to take whatever opportunities he could to gain trial experience, also led him to the Office of Assigned Counsel, where he began defending those accused of misdemeanors. Ranging from drug and DUI cases, Khashayar would wind up defending felony charges in virtually no time, and to the success of his clients. One criminal case in particular stands out to this day.

“The father of a young pre-med student hired me, after his son was accused of hitting someone with a bottle at a Halloween party. He was facing felony assault with a strike charges, and the DA went after him. I was able to prove that it wasn’t him and the case was dismissed. I still receive flowers from my client for proving his innocence,” Khashayar says with a smile.

ATTORNEY

OF THE MONTH

© Bauman Photographers

2017 2016

© Bauman Photographers

Refusing to Settle for Less Than Outstanding Results Khashayar’s fearlessness when it comes to trial, whether criminal or civil, is driven by a deep-seated desire to never settle for anything but victory for his clients. “I have worked very hard to build a reputation as a trial lawyer who refuses to accept pennies on the dollar.”

Although he is driven to secure the largest compensation for clients as possible, as it’s often the only form of justice for wronged individuals, he’s also driven to make sure justice is served even in cases which aren’t going to break records. Cases which are close to his heart are equally rewarding, as evidenced by a personal injury victory earlier in his career, which he still counts as one of the most rewarding cases of his career.

“I was called in to help on a case by Bob Semnar. It was the case of a little girl in Contra Costa County who had her arm broken. Her previous attorney was going to settle the case for $7,000 when we took over. She had a few thousand dollars in medical expenses, but we knew her pain could last for years.

Everyone said we were crazy to take the case to trial, because it wouldn’t be a high-value case, and we could lose. But you never know when you put the case before 12 people,” Khashayar says.

Despite the gamble of time and money, Khashayar and Semnar prevailed, winning a jury verdict of $195,000 for the young girl. “That case made an impression on me, and reinforced to me that being able to tell a story well in front of a jury can change people’s lives.”

In another case, wherein Khashayar says that doing the right thing provided immense personal gratification, lies in the successful appeal, and subsequent confidential settlement he obtained against the County of Los Angeles and the Los Angeles Sheriff’s Department. In this case, 2nd Civil No. B246063, Khashayar recalls, “Even the judge had been against us and refused to let our evidence in, dismissing our expert at 18

Attorney Journal San Diego | Volume 168, 2017

first and ultimately dismissing our case. We appealed that, and won. We then went to trial again, and received a great result for our client, who was very happy.”

Accumulating such victories is clearly what drives Khashayar to continue fighting in courtrooms for his clients. But it was the stunning victory in 2016 that would cement his position as a trial attorney that no company nor insurance company wants to face in court.

In Asbaghi v. Nydegger, Khashayar was called in after the plaintiff had spent two years with a malpractice attorney, and needed a formidable trial attorney. “The plaintiff called a colleague and friend of mine from the Bay area—Kambiz Adibzadeh—for a referral. I became lead trial counsel, with Kambiz Adibzadeh as second chair,” Khashayar says. The team represented the plaintiff in the breach of fiduciary duty and legal malpractice case, wherein his client’s patent attorney failed to renew the patent fee on a unique dental device. Consequently, the patent was abandoned. Khashayar had the case for just five months before it went to trial in early August 2016. “My client had asked for the policy limits, but the final offer was only about $200,000. Since we had asked for the limits, when the jury delivered its verdict in our favor, the insurance company found themselves obligated to pay. We asked for the limit, they kept saying no, so we took it to trial and they wound up taking a huge hit,” he says simply.

That case has been transformative to say the least, as Khashayar’s success in the stunning victory put him in the Top 50 Verdicts of the nation. Suffice it to say, he’s been invited in on many cases set for trial as the result. “There are a lot of great attorneys in San Diego, and throughout the state, who don’t have a lot of trial experience. I do have a lot of experience in trials over the past 12 years, and I love being in a courtroom,” he says.

Other significant victories for Khashayar’s clients range from a recent $1.25 Million Bad Faith claim against a title company

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for wrongful denial of a title insurance claim. In Landmark Lending v. First American Title Insurance Company, Khashayar and his team secured the full award of $1.25 Million after the claim was denied, and legal battles waged on for years. Other significant wins include those dealing with Securities Fraud, Breach of Contract, and Personal Injury.

“Our firm is set up with the goal of trial,” says Khashayar. “I personally meet and work with all of our clients, so they aren’t pushed off onto a secretary, or a new attorney. I handle their cases.” However, thanks to his incredible successes, Khashayar is now able to be selective about the cases he takes, and says that his firm abides by a quality over quantity mentality. “I don’t take cases just to take cases. We don’t have more than 40 cases at a time. I’m not promoting on billboards, because we would much rather take 5 good cases, than have 50 run-of-the-mill cases,” he says.

This is by design, as Khashayar says, “When clients hire us, they are not getting settlement attorneys. We devote 100% of our attention to that client. We are aggressive trial attorneys, and we get bigger and better settlement offers because I am always willing to go to trial. We are not afraid of going to court, because when we go, we are prepared. I know every single piece of evidence, I know every single witness, and I know that defense firms are going to try to scare me by filling me up with paperwork. I expect it. But if I had a nickel for every time I’ve been told by defense attorneys or mediators that I would get nothing more than their offer for my clients, and I should take it and run, I would have too many nickels to count,” he says.

Khashayar is quick to point out that although he is the face of the firm, and ultimately its success, none of it would be possible without the team effort at Khashayar Law Group.

“We have both a litigation team and a transactional team, and

I have wonderful attorneys including Angela Ness and Taylor Marks working with me on these cases. My office managers and administrators, Tabitha Darden, Jodi Ziegler and Jessica Elias, are incredibly hardworking and talented as well. I couldn’t do what I do without the support of our entire team.”

Trial Success is Complemented by Transactional Talent With all the success of its litigation department, which is largely devoted to business litigation, Khashayar Law Group’s Transactional team is certainly a formidable division as well. In fact, the transaction team at Khashayar Legal Group took over the reins of what was formerly LOKK Legal.

“LOKK Legal was my younger brother, Koorosh Khashayar’s law firm (Law Offices of Koorosh Khashayar). He passed away in September 2015 suddenly from a seizure,” Khashayar says.

Though the sudden tragic loss obviously left his family shocked, Khashayar has done what he can to not only honor his brother, but to help raise awareness and research funds for epilepsy.

Lokk for Epilepsy (www.lokk4epilepsy.com) is dedicated to “raising funds and awareness for epilepsy research,” says Khashayar. “My brother was a pillar of the San Diego community and a successful young attorney who worked hard to help people in the community. He volunteered his free time to feed the homeless at the Urban Angels in San Diego, and walked 60 miles to support the Susan G. Komen foundation’s 3-Day walk for breast cancer awareness numerous times,” he adds.

Continuing he says, “This foundation is our way of honoring Koorosh’s commitment to helping others. He had lived with epilepsy since he was 17, but did not want any sympathy. He

Moving Forward: Remaining True to Firm's Strengths As Khashayar Law Group continues to grow, with offices throughout Southern California, and a strong presence in Khashayar’s native Bay Area, he intends to stay true to what has been key to his remarkable trajectory of success thus far. “Our business has grown by word-of-mouth referrals from past clients, and from attorneys who call us in to try cases. We welcome these opportunities as trial work has been my passion from the start,” he says.

As a firm, Khashayar says that he expects to add no more than a couple of attorneys over the coming years, because he frankly enjoys being hands-on in all the firm’s cases. As such, although the firm is primarily focused on civil cases, from time to time he is still happy to take on a criminal case. “I’m selective about my cases—especially the criminal cases, but I do love being in trial at least 3-4 times a year. So, when I see a defendant not being treated right, I will certainly look at the criminal case.”

As for when Khashayar isn’t busy advocating on behalf of clients who have been wronged, or keeping the firm’s transactional department running like a well-oiled machine? He says that there’s no way he’d rather spend his time than with his family.

“I love spending time with my wife Sheila and my children Shayan (8) and Donya (7). Sheila has been extremely supportive to my law practice and has been amazing when I am away on trial for long periods of time. Without her support at home as well as the home trial brainstorming we do before my closing arguments, I would not be here now. She is very opinioned and has let me know on numerous occasions how I should approach my closing arguments, and it has paid off on many occasions. Sheila and my kids are my life; I enjoy taking the kids camping, going to the beach, and both Sheila and I love attending our children’s events.”

“Additionally, my mother Roksana Safaie has been an amazing support to my career. The sacrifices she made, including putting me through law school and beyond, have been essential to my success. I would not be here without the strong women in my life,” he says. “I’m a very lucky man to get to do what I love, to be recognized for doing my job well, and to have such a wonderfully supportive family.” n Contact Daryoosh Khashayar Khashayar Law Group 12636 High Bluff Drive, Suite 400 San Diego, CA 92130 858.509.1550 daryooshlaw@gmail.com www.mysdlawyer.com

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EXPERIENCE

was full of life, and we want to do what we can to ensure that the frustration and loss we have experienced doesn’t affect others,” he says. Khashayar further honors his brother’s memory through maintaining a robust contract law department, where he continues to work with many of LOKK Legal’s clients.

» EDUCATION • John F. Kennedy School of Law – 1999-2003 • San Francisco State University, Psychology – 1998

» HONORS & AWARDS • Top 10% in U.S. Civil Litigation – Lawyers of Distinction, 2017 • Winner of Top Verdicts in California – 2016

» PROFESSIONAL ASSOCIATIONS & MEMBERSHIPS

• California State Bar – 2005-Present • Consumer Attorneys of San Diego – 2007-Present • Member of State Bar of California Business Section – 2008-Present • Member of State Bar of California Litigation Section – 2008-Present • Member of State Bar of California Real Property Section – 2008-Present

» BAR ADMISSIONS • U.S. District Court, Central District of California • U.S. District Court, Southern District of California • U.S. District Court, Eastern District of California • U.S. Court of Appeals, 1st District

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7/12/13 5:04 PM

3 Biggest Leadership Mistakes People Make Today

by Brian Tracy

O

ne of the best leadership qualities that a manager can have is the ability to build up self-esteem, self-confidence, and self-respect in others. As a leader, your choices affect your entire team, especially your leadership mistakes.

However, we’ve all had bad bosses who do just the opposite.

Today, I am going to identify three of the biggest leadership mistakes people make and provide some solutions.

Perhaps some of you have made some of these leadership mistakes in the past. The good news is, we can all learn what makes a good leader by taking a look at these missteps and correcting them.

By focusing on building self-esteem, you can help your team reach peak performance.

Each person has unlimited potential and can flourish in the right environment once that potential is tapped into. They have huge reservoirs of creativity that can be unleashed to solve problems, overcome obstacles and achieve business goals.

This includes you!

Raise Your Team’s Self Esteem The leader is the most important person in any organization.

The leader sets the tone by the way he talks, behaves, responds to others and treats people on a day-to-day basis.

People tend to “follow the leader” in that they imitate or mimic the behavior of the leader toward others. When you lead by example and treat other people with courtesy and respect, the rest of the group will follow.

A kind word from you to one of your staff members can make them feel happy all day. An angry word can make them feel frustrated, afraid and insecure for the rest of the day. You must be careful.

There are specific behaviors that you can practice each day in any interaction to raise your team’s self-esteem.

When you deliberately take the time to build self-esteem in other people, you simultaneously eliminate the fears that hold people back from doing their best. A peak performance work environment, like flowers in the spring, blooms naturally around you.

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Three Leadership Mistakes People Make 1. Th ey Criticize Others The first leadership mistake that managers make is that they criticize others.

Refuse to criticize anyone for any reason. When people make mistakes, you focus on the solution. Focus on what can be done rather than who did it and who is to blame.

This is the mark of the superior leader with admirable leadership questions.

We all know that destructive criticism is harmful. Personally, we all hate to be the recipients of destructive criticism. It can make us angry for days, and even years.

Destructive criticism attacks our self-esteem, hurts our selfimage and hinders us from reaching peak performance. It makes us angry and defensive.

If it is so hateful to us, why would we ever do it to someone else?

2. They Complain The second leadership mistake people make is that they complain for any reason.

Complainers are always looking for something or someone to complain about.

They tend to associate with other complainers. They talk together at work and socialize after work. They go out for lunch and coffee breaks together.

Complaining becomes a natural way of life for them.

But there is a major problem with both criticizing and complaining. In both situations, you are positioning yourself as a victim. When you complain you actually weaken yourself.

You feel inferior and inadequate. You feel angry and resentful.

You feel negative and unsure. Your level of self-esteem and self-respect will decline as you complain about anything to someone else.

If you are not happy about something, as the manager, you are entitled to bring it to the attention of the other person.

You are responsible for putting it on the table and discussing it. These are admirable leadership qualities that you must learn to develop.

If you are not happy with a behavior or an outcome, your job is to actively intervene to correct the situation. You can do this by being objective about the difference between what you expected and what has actually happened.

You then invite input on how you and the other person or persons can solve the problem or improve the situation. But you never complain.

3. They Condemn Others on Their Team The third leadership mistake people make is condemning anyone for any reason, inside or outside of your company.

When you condemn other people, you demoralize the listener, and the self-esteem of the other person will be severely lowered.

When you condemn people outside the company, someone will eventually tell them what you have said. Usually, a distorted version is told and will come back to haunt you.

This seems to be a law of nature, and completely unavoidable.

These recommendations are equally as important when you are talking about competitors or customers in the marketplace. Never criticize your competitors.

Admire them if they are more successful in some areas than you are. Then, look for ways to produce even better products and services, and sell them even more effectively.

Never complain about people and problems outside your

business. Instead, use that same amount of mental energy to find solutions. Resolve the problems that led to the complaints in the first place.

The Best Leaders Create a Positive Environment When you develop positive leadership qualities, your general attitude diffuses a warm light and fills the entire workplace.

You create an environment where people are relaxed and feel good about themselves and their work. You will raise the self-esteem of everyone in the workplace.

Before we wrap up, I’d like to leave you with a thought to share with your friends and followers: “Empower others to perform at their best by continually reminding them how good they are and how much you believe in them.” n Brian Tracy is recognized as the top sales training and personal success authority in the world today. He has authored more than 60 books and has produced more than 500 audio and video learning programs on sales, management, business success and personal development, including worldwide bestseller The Psychology of Achievement. Brian’s goal is to help you achieve your personal and business goals faster and easier than you ever imagined. You can follow him on Google+, Twitter, Facebook, Pinterest, LinkedIn and Youtube.

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23

California Case Summaries Civil™ Organized Succinct Summaries of Some New California Civil Cases

by Monty A. McIntyre, Esq.

Monty A. McIntyre is the publisher of California Case Summaries Civil, providing organized succinct summaries every other Monday of every new published California civil case for only $7.99 a month. Monty has over 37 years of experience as a civil trial lawyer representing both plaintiffs and defendants, and more than 17 years of experience as a mediator and arbitrator.

He has been a member of ABOTA since 1995, and is the past president of the San Diego Bar Assn. and the San Diego Chapter of ABOTA. Monty also mediates and arbitrates cases in the areas of business, commercial, employment/ wage & hour, insurance coverage/bad faith, legal malpractice, medical malpractice, personal injury, real property and wrongful death. To schedule a mediation of arbitration, contact his case manager Kelsey Carroll at ADR Services, Inc. at 619-233-1323 or kelsey@adrservices.org.

CALIFORNIA SUPREME COURT Civil Code Scher v. Burke (2017) _ Cal.5th _, 2017 WL 2589509: The California Supreme Court affirmed the Court of Appeal’s holding that Civil Code section 1009(b), which limits the circumstances in which courts may find implied dedication of private coastal property section 1009, unambiguously bars all public use, not just recreational use, from developing into an implied public dedication. (June 15, 2017.)

Civil Procedure Ryan v. Rosenfeld (2017) _ Cal.5th _, 2017 WL 2589515: The California Supreme Court vacated the Court of Appeal’s dismissal of an appeal from a motion to vacate a judgment under Code of Civil Procedure section 663. An order denying a motion under section 663 is appealable even if it raises issues that could have been litigated via an appeal of the judgment.

The rule announced in Bond v. United Railroads (1911) 159 Cal. 270, 273 is still valid. (June 15, 2017.)

Weatherford v. City of San Rafael (2017) _ Cal.5th _, 2017 WL 2417763: The California Supreme Court reversed the trial court’s judgment of dismissal of plaintiff’s action under Code of Civil Procedure section 526a because plaintiff had not paid property tax. The California Supreme Court ruled that, for a person to have standing to sue the government for wasteful or illegal expenditures under section 526a, it is sufficient for a plaintiff to allege she or he has paid, or is liable to pay, to the defendant locality a tax assessed on the plaintiff by the defendant locality. (June 5, 2017.)

Employment Augustus v. ABM Security Services (2017) _ 2 Cal.5th 257: The conclusion of the decision, previously published on

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December 22, 2016, was modified to state: “California law requires employers to relieve their employees of all workrelated duties and employer control during 10-minute rest periods. The trial court’s summary adjudication and summary judgment orders were premised on this understanding of the law. Rightly so: Wage Order 4, subdivision 12(A) and section 226.7 prohibit on-duty rest periods. What they require instead is that employers relinquish any control over how employees spend their break time, and relieve their employees of all duties—including the obligation that an employee remain on call. A rest period, in short, must be a period of rest. We accordingly reverse the Court of Appeal’s judgment on this issue. The matter is remanded to the Court of Appeal for further proceedings consistent with this opinion.” (June 8, 2017.)

CALIFORNIA COURTS OF APPEAL Arbitration Hutcheson v. Eskaton Fountainwood Lodge (2017) _ Cal. App.5th _, 2017 WL 2570672: The Court of Appeal affirmed the trial court’s order denying a motion to compel arbitration.

The Court of Appeal ruled that admission of decedent to a residential care center for the elderly was a health care decision, and the attorney-in-fact who admitted her, acting under the Power of Attorney Law (Prob. Code, section 4000 et seq.

(PAL)), was not authorized to make health care decisions on behalf of the principal. Because the attorney-in-fact acting under the PAL did not have authority to admit the principal to the residential care facility for the elderly, her execution of the admission agreement and its arbitration clause were void.

(C.A. 3rd, June 14, 2017.)

Laymon v. J. Rockcliff, Inc. (2017) _ Cal.App.5th _, 2017 WL 2242954: The Court of Appeal reversed the trial court’s order denying arbitration under two arbitration agreements and compelling arbitration under one arbitration agreement.

Two sets of plaintiffs filed two materially identical class action lawsuits against several real estate brokers (broker defendants) and a group of title companies and other service providers (service provider defendants) alleging improper conduct by the broker defendants in getting unreported payments from the service provider defendants. Each of the broker defendants represented one or more of the plaintiffs in connection with the sale of his or her home. Defendants brought motions to compel arbitration based upon three arbitration agreements, a Residential Listing Agreement (RLA), the 2007 version of a form Residential Purchase Agreement (2007 RPA), and the 2010 version of a Residential Purchase Agreement (2010 RPA).

The Court of Appeal ruled that the plaintiffs who executed the RLA were required to arbitrate their claims, and because every plaintiff initialed an arbitration clause either in the RLA or the 2007 RPA they were required to arbitrate. The Court of Appeal also ruled that the trial court’s order compelling arbitration under the 2010 RPA was not appealable. (C.A. 1st, filed May 23, 2017, published June 9, 2017.)

contract cross-complaint claims determined by the court by a motion and not by a jury trial. The Court of Appeal ruled that plaintiff had a right to have a jury determine the amount of attorney’s fees resulting from its alleged breach of the two relevant agreements and nothing in section 1717 withdrew that right. Defendant did not pursue a motion for fees under section 1717 (or Code of Civil Procedure section 1033.5 c) (5)(A)) as the prevailing party on plaintiff’s fraud claims, but instead elected to seek its fees as damages on its cross-claims for breach of contract. Because the fees are part of the relief sought, they must be pleaded and proved at trial, as any other item of damages. (C.A. 2nd, June 21, 2017.)

Civil Procedure Hupp v. Solera Oak Valley Greens Association (2017) _ Cal. App.5th _, 2017 WL 2705626: The Court of Appeal affirmed the trial court’s ex parte order dismissing the first amended complaint under Code of Civil Procedure section 391.7 as to all claims brought by or for the benefit of plaintiff’s son Paul, on the ground he had been declared a vexatious litigant.

However, because plaintiff had not been declared a vexatious litigant, the judgment of dismissal was reversed as to all claims solely personal to her. (C.A. 4th, June 23, 2017.) n

Attorney Fees County of Los Angeles Board of Supervisors v. Superior Court (2017) _ Cal.App.5th _, 2017 WL 2692842: The Court of Appeal reconsidered this case regarding the confidentiality of attorney invoices after the case was remanded to the Court of Appeal from the California Supreme Court decision in Los Angeles County Board of Supervisors v. Superior Court (2016) 2 Cal.5th 282 (Los Angeles County). Applying Los Angeles County, the Court of Appeal ruled that the superior court erred when it ordered California Public Records Act (PRA) disclosure of invoices related to pending matters. Invoices related to pending or ongoing litigation are privileged and are not subject to PRA disclosure. The Court of Appeal ruled that the matter should be remanded to the trial court for a hearing as to whether fee totals related to concluded matters must be disclosed. The conclusion in Los Angeles County that information in billing invoices is sometimes subject to PRA disclosure appears to be limited to fee totals. Billing entries or portions of invoices that provide any insight into litigation strategy or legal consultation, reveal the substance of legal consultation, or reveal clues about legal strategy, are privileged. The trial court erred in ordering portions of invoices other than fee totals disclosed. (C.A. 2nd, filed June 5, 2017, published June 22, 2017.)

Monster v. Superior Court (2017) _ Cal.App.5th _, 2017 WL 2665193: The Court of Appeal granted a writ petition ordering the trial court to reverse its order providing that defendant, who had won a summary judgment against plaintiff’s fraud claims re its interest in Beat headphones, could have its motion for attorney fees (under Civil Code section 1717) for its Attorney Journal San Diego | Volume 168, 2017

25

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Attorney Journal San Diego | Volume 168, 2017

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Convert Unhappy Clients into Fans

by Mike O’Horo

C

lients can become upset with us for many reasons, some of which are within our control, and others that aren’t. We make mistakes, forget things, have bad days, or simply get overwhelmed by the unexpected. Such is life.

However, what happens afterward determines the future of that relationship, and countless other potential relationships that that client’s experience may influence when reported either directly or via social media.

A recent blog by Sally J. Schmidt, titled: Dealing with an Upset Client, included some surprising research results showing that “depending on the industry, between 65 and 85 percent of customers or clients who defected said they were satisfied or very satisfied with the company they abandoned,” and provided some good advice by Sally Schmidt. “...depending on the industry, between 65 and 85 percent of customers or clients who defected said they were satisfied or very satisfied with the company they abandoned.”

There will always be a story told. Which version, though?

As a consumer, I occasionally experience failures, counterproductive attitudes and policies, and poor skills and training by suppliers. And, yes, they make me upset, and I express that.

During such encounters, I tell the company’s representative, “OK, what’s happened has happened. What happens next is what’s important. There will be a story told about this, and you get to decide which version. You’ll decide that right now by what you say and do next. Will I tell everyone a brand-enhancing version along the lines of “I can’t believe what they did to make this right,” or will it be “I can’t believe they didn’t care enough to make this right?”

When I was first out of college, I managed a jewelry store in a national chain. Here’s how we were trained to handle customer complaints: 1. Listen to the customer’s tale, without interrupting 2. Feed it back to them accurately, and explicitly confirm that you understand correctly. “Do I have that right?”

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3. Sincerely empathize and apologize. “I understand why you’re upset. In your shoes, I would be, too. I’m sorry. We should never have allowed that to happen.”

4. Promise resolution, and let them choose its form.

“We’re going to make this right. What would make you happier than you thought was possible when you came in to report this?” Wait for a reply. They may need a few moments to shift gears from preparing for the expected argument to choosing what they want.

Nothing eliminates steam quite like, “You’re right.

What do you want?” If they’re not quite finished venting, and begin to rehash the story, patiently let them go through it again, uninterrupted. With each retelling, it loses more of its intensity and emotion.

Reconfirm that you understand correctly. Then, repeat the question: “What would make you happier than you thought was possible when you came in to report this?”

(What you’re really asking is, “What will it take for you to rave about us afterward?” That’s the lasting impact. Everything else is transient.)

5. Deliver a solution, as quickly as possible, without regard to expense or difficulty. Make it happen.

6. Never offer a discount or other partial price accommodation. It sounds and feels like you’re trying to solve it cheaply. Think about when you complain to a restaurant manager about the food or service, and he offers you a free dessert, or removes the single item from the bill. Doesn’t it feel hollow?

Instead, refund or forfeit the entire charge. Think about how you reacted when that same restaurant complaint resulted in them comp-ing your entire check. Now, there’s a story to tell. Remember, your goal is for them to recognize that the only thing you care about is that they’re thrilled. Give them a compelling reason to tell the story of how thrilled and amazed they are with how you handled it.

This is not about the amount in question today. It’s about the amount they will or won’t spend with you over the balance of their career or life. (In the ‘80s, Carl

Sewell, author of Customers for Life, who at the time was the largest Cadillac dealer in the US, commissioned research that revealed that when you totaled all the new and used cars purchased, and all the service revenue, the average Cadillac customer was worth $335,000 over the course of their lifetime ($750,000 in today's dollars). This is the amount you should focus on, not the $1000 it costs to resolve this problem and make them a stark, raving fan.

7. Take ownership of the outcome, and remain involved.

Promise a concrete next step that eliminates their fear that they’ll be abandoned to a black hole after they leave your presence or disconnect the call. “I’ll be in touch with you no later than [date] to make sure everything has happened as promised.”

8. Contact them, ideally before the promised date, but no later, to confirm that the solution happened as promised.

9. Ask if your solution and timing hit the high bar you promised, i.e., that they’re happier than they thought they could be at the time of the upsetting incident.

10. If “yes,” ask if this puts everything to bed for them.

Thank them for the opportunity to learn about this shortcoming and to make things right. If “no,” return to Step 1.

Number 4 is the big enabler. Allow the aggrieved client to choose the remedy. Intentionally set the bar sky high. Your goal isn’t for them merely to feel like they’re no longer being harmed, or that the damage has merely been repaired. You want them to feel like they’re better off than they would have been if it hadn’t happened at all. They’ll be surprised by your carte blanche offer, and it will convey important benefits: • It will eliminate the last trace of anger.

• They’ll ask for much less than you would have offered.

• It will be their solution, not yours.

• They’ll forever tell the story of how they got to choose the solution.

Without number 5, though, you’ll have made things worse. If you thought they were upset with the original problem, get ready for a whole new level of ire if you raise the expectations bar and fail to deliver. You’ll lose all credibility and trust, the person will feel they’ve wasted their time talking with you, and will feel foolish for having believed you. If you make someone feel foolish, they’ll never forgive you, and that’s about as toxic as it gets. n

For 20 years, Mike O’Horo has been known by lawyers everywhere as The Coach. He trained more than 7,000 of them, generating $1.5 billion in new business. Mike can be reached at mikeohoro@rainmakervt.com

Attorney Journal San Diego | Volume 168, 2017

29

PEACE OF MIND. TRUST A TRUE TAX EXPERT TO SOLVE YOUR TAX PROBLEMS.

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