Attorney Journal, San Diego, Volume 174

SAN DIEGO

Volume 174, 2018 $6.95

Critical Success Factors: The Key To Exposing Demand

Mike O’Horo

Community News

Enhance Your Image And Nurture Relationships: How to Overcome Two Costly Excuses Prospects Make

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

Trey Rider

Monty A. McIntyre

COMPANY PROFILE OF THE MONTH

Nexus Search Group, Serving Orange County Connecting People

Law Firm of the Month

California Estate And Elder Law,

San Diego

New Approaches to Old Challenges in Elder Law

GOING TO TRIAL – NEED EXPERIENCED HELP?

SPECIALIZING IN BET-THE-COMPANY CASES OVER 50 YEARS OF COMBINED EXPERIENCE REFERRALS/SUBSTITUTIONS ACCEPTED AT ALL STAGES OF LITIGATION, INCLUDING TRIAL •

Antitrust/Unfair Competition

•

Banking Litigation

•

Business Litigation

•

Class Action

•

Contract Disputes

•

Employment Law/ Wrongful Termination

•

Professional Negligence Litigation

•

Intellectual Property Litigation

•

Real Estate Litigation

•

Libel/Defamation Litigation

•

Securities Litigation

•

Partnership Disputes

•

Trust and Estate/Probate Litigation

•

Personal Injury/Wrongful Death

501 West Broadway Suite 1720 San Diego, CA 92101 619-487-1500 | www.kirbyandkirbylaw.com

WITH US, BUSINESS IS PERSONAL Always Get The Red Carpet Treatment At Jilio-Ryan DEPOSITION SERVICES

VIDEO SERVICES

ONLINE & MOBILE SERVICES

•Certified Court Reporters

•Certified Legal Videographers

•Online Deposition Scheduling

•Court-Appointed Official Reporters

•Video Conferencing

•Online Document Repository

•Certified Legal Interpreters

•Video Deposition Streaming

•Jilio-Ryan Mobile App

•24/7, Last Minute Scheduling

•Video Transcript Synchronization

•Mobile Transcripts

•Nationwide Deposition Coverage

•Digital Deposition Streaming

•Productivity Enhancing

•Deposition Suites, Conference Centers

•Video Editing Tools

Transcript Tools

•Realtime Depositions •Electronic Transcripts •Electronic Transcript CD •Litigation Support Software Integration

Over 100 Years Combined Court Reporting Experience

•Complete Case Management

W W W. J I L I O R YA N . C O M

800.454.1230

2018 EDITION—NO.174

TABLE OF CONTENTS

16

EXECUTIVE PUBLISHER Brian Topor EDITOR Wendy Price CREATIVE SERVICES Skidmutro Creative Partners CIRCULATION Angela Watson PHOTOGRAPHY Chris Griffiths

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

by Monty A. McIntyre

12 Community News

STAFF WRITERS Dan Baldwin Jennifer Hadley

16 California Estate and Elder Law, San Diego New Approaches to Old Challenges in Elder Law

by Dan Baldwin COMPANY PROFILE OF THE MONTH

22 Nexus Search Group, Serving Orange County Connecting People

by Dan Baldwin

CONTRIBUTING EDITORIALISTS Monty A. McIntyre Mike O’Horo

28 Critical Success Factors: The Key to Exposing Demand

WEBMASTER Mariusz Opalka

by Mike O’Horo

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

LAW FIRM OF THE MONTH

22

28 Enhance Your Image and Nurture Relationships: How to Overcome Two Costly Excuses Prospects Make

by Trey Ryder

ADDRESS CHANGES Address corrections can be made via fax, email or postal mail.

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 2018 by Sticky Media, LLC. All rights reserved. Contents may not be reproduced without written permission from Sticky Media, LLC. Printed in the USA

REFERRAL & CO-COUNSEL RELATIONSHIPS

Your

NEVADA

PERSONAL INJU RY PA RTNER

NEVADA’S LARGEST & HIGHEST RATED INJURY LAW FIRM Your

NEVADA

“Rick is one of the best lawyers in the country. I call him every time I have any issue in Nevada and would not hesitate to refer him any type of case ofPERSONAL any size.” INJURY PA RTNER ~ C. Michael Alder, Esq., Alder Law, Los Angeles, California CAALA Past President and Former Trial Lawyer of the Year

“I recently co-counseled a serious Las Vegas injury case with Rick Harris and his law firm. Rick’s advocacy and skills are extraordinary, and were instrumental in resolving and maximizing our client’s sizable recovery.” ~ Carl Wolf, Esq., Callaway & Wolf Northern California Super Lawyers San Francisco, California

© 2016 RHLF

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

by Monty A. McIntyre, Esq. Below are some recent cases summarized by Monty A. McIntyre in his publication California Case Summaries Civil™, which provides organized succinct summaries, every other Monday, of every new published California civil case for only $7.99 a month. (Go to http://montymcintyre.com/mcintyre/.) Monty has been a civil trial lawyer since 1980, representing both plaintiffs and defendants in a broad variety of civil cases, and has 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 County Bar Assn. and the San Diego Chapter of ABOTA. Monty mediates and arbitrates at ADR Services, Inc., where he handles cases in the areas of business, commercial, elder abuse, employment/wage & hour, insurance coverage/bad faith, legal malpractice, medical malpractice, personal injury, real property and wrongful death. To schedule a mediation or arbitration, contact his case manager Kelsey Carroll at ADR Services, Inc. at (619) 233-1323 or kelsey@adrservices.org.

CALIFORNIA SUPREME COURT Torts T.H. v. Novartis Pharmaceuticals Corporation (2017) _ Cal.5th _, 2017 WL 6521684: The California Supreme Court affirmed the Court of Appeal's ruling directing the trial court to sustain a demurrer but grant leave to amend in a case where plaintiff alleged that defendant manufacturer failed to properly warn about known or reasonably knowable adverse effects arising from the use of its drug. Because the same warning label must appear on a brand-name drug as well as a generic bioequivalent, a brand-name drug manufacturer owes a duty of reasonable care in ensuring that the label includes appropriate warnings, regardless of whether the end user has been dispensed the brand-name drug or its generic bioequivalent. If the person exposed to the generic drug can reasonably allege that the brand-name drug manufacturer's failure to update its warning label foreseeably and proximately caused physical injury, then the brand-name manufacturer's liability for its own negligence does not automatically terminate merely because the brand-name manufacturer transferred its rights in the brand-name drug to a successor manufacturer. (December 21, 2017.)

CALIFORNIA COURTS OF APPEAL Arbitration Jensen v. U-Haul Co. of California (2017) _ Cal.App.5th _, 2017 WL 6276225: The Court of Appeal affirmed the trial court's order denying a motion to compel arbitration.

Plaintiff's supervisor at work rented a truck from defendant 6

Attorney Journal San Diego | Volume 174, 2018

and signed the contract that contained an arbitration clause.

Plaintiff did not sign the arbitration agreement. The Court of Appeal was not persuaded by defendant's arguments that plaintiff should be bound to arbitrate the claim, even though he was not a signatory to the agreement, based upon theories of third-party beneficiary, agency, or estoppel. (C.A. 4th, December 11, 2017.)

Lawson v. ZB, N.A. (2017) _ Cal.App.5th _, 2017 WL 6540924: In consolidated proceedings, the Court of Appeal dismissed an appeal from an order granting a motion to compel arbitration because it was not appealable, but it granted a writ petition challenging the trial court's order. The trial court erred in bifurcating the underpaid wages portion of plaintiff's Private Attorneys General Act (PAGA, Labor Code, section 2698 et seq.) claim and ordering arbitration of that portion of the PAGA claim. (C.A. 4th, December 19. 2017.)

Attorney Fees CA-Amer. Water Co. v. Marina Coast Water (2017) _ Cal. App.5th _, 2017 WL 6397685: The Court of Appeal affirmed the trial court’s order awarding attorney fees and costs to plaintiff and Monterey County Water Resources Agency after contracts between those parties and defendant were declared to be void. The Court of Appeal held that the trial court properly ruled that this case was an "action on a contract" for purposes of awarding attorney fees under Civil Code section 1717, and the fee award did not violate public policy. (C.A. 1st, December 15, 2017.)

Civil Procedure Apple, Inc. v. Superior Court (2017) _ Cal.App.5th _, 2017 WL 6275830: The Court of Appeal granted a writ petition and directed the trial court to change its ruling overruling

demurrers to the second amended complaint. In an issue of first impression, the Court of Appeal ruled that a plaintiff alleging derivative claims in an amended complaint following the grant of leave to amend must plead demand futility with respect to the board of directors in place as of the filing of the amended complaint, consistent with the rule enunciated by the Delaware Supreme Court in Braddock v. Zimmerman (2006) 906 A.2d 776. The trial court was directed to sustain the demurrer with leave to amend. (C.A. 6th, December 11, 2017.)

Boyd v. Freeman (2017) _ Cal.App.5th _, 2017 WL 6505856: The Court of Appeal reversed the trial court's order sustaining a demurrer, without leave to amend, in an action for wrongful foreclosure. The trial court erred in concluding that the doctrine of res judicata barred plaintiff's claims because of a judgment in favor of defendant and against plaintiff in a prior action. Because the prior judgment was based upon the statute of limitations, it was not on the merits and res judicata did not bar plaintiff's claims. (C.A. 2nd, December 20, 2017.)

Creed-21 v. City of Wildomar (2017) _ Cal.App.5th _, 2017 WL 6484032: The Court of Appeal affirmed the trial court's order dismissing a writ petition and complaint for declaratory and injunctive relief under the California Environmental Quality Act. The trial court properly imposed an issue sanction on standing pursuant to Code of Civil Procedure section 2023.0301, which terminated the action, for the misuse of the discovery process by petitioner by repeatedly failing to make available for a deposition a PMQ for petitioner. (C.A. 4th, filed November 28, 2017, published December 19, 2017.)

Optional Capital v. Akin Gump Strauss, Hauer & Feld LLP (2017) _ Cal.App.5th _, 2017 WL 5493915: The Court of Appeal affirmed the trial court's order granting anti-SLAPP motions to strike a complaint against lawyers arising from their representation of their client in litigation. It is well established that the protection of the anti-SLAPP statute extends to lawyers and law firms engaged in litigation-related activity. The gravamen of plaintiff's claims against defendants was based on protected activity, defendants' representation of their client in litigation. Plaintiffs could not demonstrate a probability of prevailing on its claims because they were barred by the litigation privilege in Civil Code section 47.

(C.A. 2nd, filed November 16, 2017, published December 7, 2017.)

Rossetta v. CitiMortgage, Inc. (2017) _ Cal.App.5th _, 2017 WL 6422567: The Court of Appeal affirmed in part and reversed in part the trial court's order sustaining a demurrer, without leave to amend, to a complaint alleging several causes of action related to loan modification negotiations spanning more than two years. The trial court erred in sustaining the demurrer to the causes of action for negligence and violations of the Unfair Competition Law, it properly sustained the demurrer to the causes of action for intentional

misrepresentation and promissory estoppel, but should have granted leave to amend to attempt to state a viable cause of action based on an alleged oral promise to provide plaintiff with a Trial Period Plan under the Home Affordable Mortgage Program, and the trial court properly sustained the demurrer to the causes of action for negligent misrepresentation, breach of contract, intentional infliction of emotional distress and conversion without leave to amend. (C.A. 3rd, December 18, 2017.)

SP Investment Fund I LLC v. Cattell (2017) _ Cal.App.5th _, 2017 WL 6523523: The Court of Appeal reversed the trial court's orders granting judgment on the pleadings and awarding attorney fees to defendant in an action for breach of contract and conversion arising from the sale of a limited partnership interest. The trial court erred in granting judgment on the pleadings because plaintiff's failure to obtain necessary approvals from other partners was not fatal to the breach of contract claim and, because the money at issue was a specific identifiable sum held for the benefit of another that allegedly had been misappropriated, a claim for conversion could be made. (C.A. 2nd, December 21, 2017.)

Employment Duncan v. Wal-Mart Stores, Inc. (2017) _ Cal.App.5th _, 2017 WL 5425048: The Court of Appeal modified the trial court’s postjudgment order granting Hartford Accident & Indemnity Company (Hartford) a lien on plaintiff’s recovery against defendant. The trial court exceeded its authority by reducing the lien amount for lost wages because plaintiff did not seek those damages against defendant. Under Labor Code section 3856’s plain language and the case law applying, Hartford was entitled to a first lien on the judgment in the amount it paid plaintiff for worker’s compensation benefits. Plaintiff’s choice not to seek lost wages at trial did not diminish Hartford’s lien rights under the workers’ compensation statutory scheme.

(C.A. 4th, filed November 14, 2017, published December 13, 2017.)

Kim v. Reins International California, Inc. (2017) _ Cal. App.5th _, 2017 WL 6629408: The Court of Appeal affirmed the trial court’s order granting summary judgment to defendant in a case where plaintiff sued alleging individual and class claims for wage and hour violations, and seeking civil penalties on behalf of the State of California and aggrieved employees under Labor Code section 2698 et seq., the Labor Code Private Attorneys General Act of 2004 (PAGA). Plaintiff’s individual claims were ordered to arbitration. While the arbitration was pending, plaintiff accepted an offer to settle his individual claims and dismiss those claims with prejudice. The trial court properly granted summary judgment because, after he settled and dismissed his individual claims against defendant with prejudice, plaintiff no longer had standing under the PAGA as an aggrieved employee. (C.A. 2nd, December 29, 2017.) 

Attorney Journal San Diego | Volume 174, 2018

7

Specialization matters. Having represented more law firms over the last 25 years than any other broker in the region, no one understands their real estate needs better than I do. — Jason Hughes President & CEO, Hughes Marino

hughesmarino.com (619) 238-2111

8

Attorney Journal San Diego | Volume 174, 2018

VOSSELLER LAW FIRM WELCOMES

SARA SIMMONS We proudly welcome Sara Simmons to our team. Sara is passionate about helping clients overcome harm inflicted by others’ improper conduct.

She has tried several cases and her practice will focus on representing plaintiffs in personal injury and civil rights matters.

Sara serves on the Board of Directors and as Vice President of Policy & Membership for Lawyers Club, a 1,300-member association with a mission to advance women in law and society. She is also a member of the Louis M. Welsh Chapter of the American Inns of Court, Consumer Attorneys of San Diego, and the San Diego County Bar Association.

Sara earned her J.D. from California Western School of Law, where she competed nationally on the school’s trial team. She received her B.A. from University of California Santa Barbara.

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

P L A I N T I F F P E R S O N A L I N J U RY

858-429-4062 www.vosslawyer.com

VOSSELLER LAW FIRM

The world’s leading immigration law firm, right here in San Diego.

A WORLD OF DIFFERENCE IN IMMIGRATION

From visas and work permits to advisory services and corporate compliance, we work with each client to understand their business and immigration priorities. As the industry leader in immigration law, we’re here in San Diego working with individuals, investors (EB-5), families, small start-ups, mid-size local companies and large corporations in the state’s most prominent industries.

FRAGOMEN, DEL REY, BERNSEN & LOEWY, LLP

11238 El Camino Real, Suite 100 San Diego, CA 92130 www.fragomen.com/sandiego T +1 858 793 1600

Karine Wenger, Partner kwenger@fragomen.com

AGGRESSIVE. ETHICAL. EXPERIENCED. We are here to help.

Let us be a part of your team!

If your serious personal injury or wrongful death case is complex or involves workers’ compensation, longshore, maritime or potential entitlement to Social Security disability, partner with us to maximize case value. Referral fees paid.

• • • •

Super Lawyers: 2015 – 2018 • BBB A+ Rating AVVO Rating: 10.0 Superb • AV® PREEMINENT™ Martindale-Hubbell® Multi-Million Dollar Advocates Forum, Member 10 Best Rating – Client Satisfaction – American Institute of Personal Injury Attorneys™

350 10th Ave, Suite 900 | Diamond View Tower | San Diego, CA 92101 | 619-515-0222 | bendergritz.com

10

Attorney Journal San Diego | Volume 174, 2018

HELPING SERIOUSLY INJURED ACCIDENT VICTIMS RECEIVE THE JUSTICE AND COMPENSATION THEY DESERVE

Auto and Motorcycle Accidents

♦

Personal Injury Attorney

♦

Medical Malpractice

As one of San Diego’s most experienced personal injury attorneys, we have recovered millions of dollars in damages for accident victims who have been injured due to the negligence of others. We handle everything from the simplest injury cases to true tragedies involving quadriplegia or even death.

REFERRALS NOW BEING ACCEPTED AND PAID Per Rule 7.2 4350 Executive Drive, Ste 320 San Diego, CA 92121 619.752.2217 SanDiegoPersonalInjuryAttorneys.com

SAN DIEGO PERSONAL INJURY ATTORNEYS

COMMUNITY news  A federal judge has appointed

CaseyGerry’s managing partner David S. Casey, Jr. as liaison counsel for the Wells Fargo Multi-District Litigation (MDL) now pending in the United States District Court for the Central District of California.

DAVID S. CASEY, JR. United States District Judge Andrew J. Guilford, who is presiding over Wells Fargo Collateral Protection Insurance Litigation MDL #2797, named San Diego-based plaintiffs’ attorney David S. Casey, Jr. as liaison counsel. Casey Jr. is the only San Diego attorney appointed to help oversee the litigation, and as liaison counsel will facilitate communications with all attorneys and the court.

The Wells Fargo MDL consists of national federal class action lawsuits that were consolidated earlier this year following mounting reports that the banking giant had allegedly forced its car loan customers to buy unnecessary auto “Collateral Protection Insurance” policies.  For the past seven years,

U.S. News & World Report and Best Lawyers has put together a list of the Best Law Firms in the country. For a firm to be eligible for this honor, at least one attorney must be listed in The Best Lawyers in America, which CRAIG MCCLELLAN The McClellan Law Firm’s founding attorney Craig McClellan has been included in every year since 1993.

Best Lawyers reviewed thousands of law firms before selecting the finalists for the 2018 rankings. From there, the firms were further broken down into three tiers. The McClellan Law Firm has been selected to the highest tier, an honor it has received since 2012.

Over the past 25 plus years, the McClellan Law Firm has secured more than 110 settlements and verdicts exceeding $1 million each, including a verdict of more than $15 million in a wrongful death case in 2015, the largest net verdict for a single family in San Diego history.

12

Attorney Journal San Diego | Volume 174, 2018

 The law firm of Dunn DeSantis Walt &

Kendrick is pleased to announce the addition of Zachariah Rowland as partner of the firm effective January 1, 2018. Rowland joined the growing firm in 2017. For more than ten years, he has litigated all types of commercial, employment, personal injury and construction matters on behalf of design professionals, product manufacturers, and general contractors.

ZACHARIAH ROWLAND He also counsels clients in the areas of contract review, drafting and negotiation.

Dunn DeSantis Walt & Kendrick’s services cover a broad spectrum of legal needs for its commercial clients, who range from small, local start-ups and non-profits to large, national companies.

The firm’s attorneys are focused on the representation of law and accounting firms, architects and engineers, general contractors and sub-contractors, transportation industry businesses, fiduciaries and other financial professionals, insurance agents and brokers, medical and healthcare professionals, manufacturers, commercial real estate developers, hotel, hospitality, retail and service industry businesses, and software and technology developers.  The San Diego-based law firm of Seltzer

Caplan McMahon Vitek announces that Philip B. Adams has joined the firm as an associate.

Adams joins the firm’s litigation department.

Prior to joining SCMV, Adams worked as a law clerk with the United States Attorney’s Office in San Diego. He also served as a judicial extern for the Honorable Cathy Ann Bencivengo and the Honorable William V. Gallo.

PHILIP B. ADAMS Adams received his law degree, cum laude, from the University of San Diego School of Law, where he served as the managing articles editor for the San Diego International Law Journal. He earned his Bachelor of Science degree in business administration, with a concentration in entrepreneurship, from the University of Southern California.  Wilson Turner Kosmo, LLP Partner Vickie

E. Turner has been named a U.S. News - Best Lawyers in America 2018 - Lawyer of the Year in Product Liability Litigation-Defendants.

In addition, attorneys Claudette G. Wilson, Michael S. Kalt, Meryl C. Maneker were also named San Diego Best Lawyers 2018. The firm also received Metropolitan Tier 1 Rankings for its Employment Law-Management and LitigationLabor & Employment practice areas.

VICKIE E. TURNER

 The law firm of Balestreri Potocki

& Holmes is pleased to announce that Norma A. Morales has joined the firm as an associate. An experienced litigator, Morales’ practice focuses on the resolution of complex constructionrelated disputes, contract disputes and product liability. She also provides business consulting for developers NORMA A. MORALES and contractors for ongoing and new projects.

Morales received her B.A. from the University of California, Berkeley in 1996 and her J.D. from the University of the Pacific, McGeorge School of Law in 2002.  Sanford Heisler Sharp, LLP’s San

Diego Managing Partner Ed Chapin has been named the Consumer Attorneys of San Diego’s Trial Lawyer of the Year.

He will be honored at CASD’s 59th Annual Awards & Installation Dinner on February 16, 2018 at the Hard Rock Hotel, San Diego.

For more than twenty years, Chapin ED CHAPIN has been a member of the American Board of Trial Advocates (ABOTA). He has received significant professional awards including the Daniel T. Broderick Award for “epitomizing the highest principles of civility, integrity and professionalism” presented by ABOTA, the Association of Business Trial Lawyers, Consumer Attorneys of San Diego, San Diego Defense Lawyers and the San Diego County Bar Association. He received the Lifetime Achievement award presented by the San Diego Defense Lawyers. Chapin has been named one of the prestigious Best Lawyers in America every year since 1989 and Super Lawyers ranking every year since 2007.

 Best Best & Krieger LLP once again

received high-ranking “Metropolitan Tier 1” designations from U.S. NewsBest Lawyers in America® in its 2018 Best Law Firms rankings. “Tier 1” indicates that these practices were recognized for professional excellence with persistently impressive ratings from clients and peers. In San Diego, SHAWN HAGERTY BB&K received a national ranking for Land Use & Zoning Law. The firm also ranked highly in a number of other practices and metropolitan areas, including Litigation – Environmental in Los Angeles; Corporate Law in the Inland Empire region of California; Natural Resources Law in Oakland (Walnut Creek); Health Care Law in Sacramento; and Employment Law – Management, Ethics and Professional Responsibility Law and Commercial Litigation in San Diego.  Honored with recognition from the

leading survey of lawyers worldwide, Noonan Lance Boyer & Banach LLP has been named a top tier law firm in two practice areas for the eighth annual U.S. News and World Report and Best Lawyers “Best Law Firms” rankings. Well-known for its work on large, complex matters DAVID J. NOONAN where an entire business may be at risk, NoonanLance was chosen as an exceptional firm in San Diego for commercial litigation and legal malpractice defense.

A firm must have a lawyer listed in The Best Lawyers in America, which recognizes the top four percent of practicing attorneys in the U.S., to be eligible for a ranking. Three NoonanLance attorneys—Founding Partners David J. Noonan, James R. Lance and Ethan T. Boyer—were named in the 2018 edition of The Best Lawyers in America®.

Have a Press Release you would like to submit for our Community News?

Email it to PR@AttorneyJournal.us

Attorney Journal San Diego | Volume 174, 2018

13

SOUTHERN CALIFORNIA’S LEADERS IN…

14

• ESI Processing & Hosting • Data Acquisition & Forensics • Managed Document Review • Paper-based Discovery Services • Court Reporting

FREE MCLE SEMINARS!

With offices in LA Downtown, LA Century City, Irvine and San Diego DTIGlobal.com

501 West Broadway, Suite 400 San Diego, CA 92101 Office: (619) 234-0660

Attorney Journal San Diego | Volume 174, 2018

Call us for information to schedule a complimentary in-person or webinar MCLE seminar on a variety of electronic discovery topics.

KHASHAYAR LAW GROUP A CIVIL LITIGATION LAW FIRM

Our experienced litigation teams are assisted by a support staff of professionals with diverse backgrounds. Our team is conversant in multiple languages, including Farsi, demonstrating our desire and ability to meet the needs of an increasingly diverse community.

RESULTS

ACCESS

The San Diego personal injury team at Khashayar Law Group has received millions of dollars in compensation for our clients.

Our clients appreciate our hands-on attorneys and are reassured by their around-the-clock availability. At Khashayar Law Group, our clients can always speak directly with their attorneys at any time, day or night.

EXPERIENCE Some cases need to go to trial, and we are aggressive and experienced enough to take them to trial.

SKILL A personal injury lawyer not only depends on their knowledge of the law, but also requires the skills and experience to use that knowledge in negotiations and the courtroom.

COMPENSATION Cases of personal injury are not limited to instances of physical harm and loss. The damages can be financial, emotional or psychological, and harm your reputation. At Khashayar Law Group, we use the latest technology to test and refute evidence presented by opposing counsel to give your referrals the compensation they deserve.

GENEROUS REFERRAL FEES PAID • 858.509.1550 12636 High Bluff Drive, Suite 400 San Diego, CA 92130 400 South Melrose Drive, Suite 209 Vista, CA 92081

9454 Wilshire Blvd., Suite 615A Beverly Hills, CA 90212

KHASHAYAR LAW GROUP

New Approaches To Old Challenges IN ELDER LAW

“For me, elder law is estate planning. However, unlike traditional estate planning, elder law focuses on planning for the potential disability of the grantor. This becomes the primary focus of the planning and estate tax minimization, and probate avoidance become secondary issues,” says Scott Stewart.

“This planning approach often includes addressing the issue of benefits planning and accessing various benefit programs that can assist with long-term care costs. California Estate and Elder Law’s practice includes three things: traditional estate planning, elder law, and estate administration or probate. Our unique value proposition is in elder law and our elder law process.

We believe legal documents should be the outcome of a great planning process. Effective planning is as much or more about preserving family relationships as it is about preserving family assets. To preserve relationships, we believe in the need to explore a client’s aspirations for their future,” says Scott Stewart, partner with Joseph J. Strazzeri and Stephen J. Mancini in California Estate and Elder Law, LLP (CEEL).

The firm is a leader in the field of California elder law planning—providing unique strategies to help clients preserve assets and educating other professionals in elder care, estate settlement strategies, estate planning, and dispelling misconceptions about Medi-Cal. 16

Attorney Journal San Diego | Volume 174, 2018

“California Estate and Elder Law, LLP is one of four companies in our Family of Resources that are fun places to work,” Strazzeri says. Southern California Institute provides resources, education, and advice through collaborative think tanks, events, programs, online content, and introductions. The Founders Group educates business owners through all phases of business transition. The Law Firm of Strazzeri Mancini LLP helps affluent families get to the heart of highly relevant matters and resolve messes in the areas of estate, business and tax planning, and family wealth counseling.

CEEL focuses on traditional estate planning and elder care planning. Traditionally, estate planning is approached as if it’s a light switch—option A or option B. CEEL addresses the spectrum of planning and focuses strategies and tactics on likely possibilities between the moment the client arrives at their offices and the end of life.

“Families often feel overwhelmed when confronting the incapacity of a loved one and are relieved to find a path to working through these issues. Some of these conversations surround a person’s subtle or obvious changes in capacity such as health, safety and finances. Our process helps key family members effectively contemplate and map important actions in all key areas,” says associate attorney Alexis Bastedo. Associate attorney Brooke Jensen says, “For example, in our model estate settlement isn’t about a rote distribution of assets, but about caring for and promoting harmony of the relationships embedded in the plan.”

Documentation is a key element of all the processes. Without it families face unanswered questions and ambiguities are forced to fill in these gaps in planning with their own conclusions and opinions. The firm offers the compassion and support necessary

LAW FIRM

OF THE MONTH

© Bauman Photographers

2018

CEEL Attorneys: K. Brooke Jensen, Richard Scott Stewart, Stephen J. Mancini, Joseph J. Strazzeri and Alexis C. Bastedo

to anticipate and address these issues in advance, so that the client’s actual wishes are carried out and family relationships aren’t fragmented by misunderstanding.

“We are extremely process oriented, every single department within all the firms has detailed processes. Our systems allow the client’s familial footprint—the manner in which they live in and leave this world—to be an imprint of their greatest clarity and most authentic selves,” Mancini says.

Two cases illustrate the insight, experience and compassion the team brings to their clients.

Recently, the office was approached by a client who was struggling to keep her parents at home. Both served during World War II and both were suffering from dementia. The client had given up her job because she could not afford the cost of in-home care and the entire family was attempting

to survive by living off the parents’ meager social security checks. The attorneys identified that this family qualified for both Medi-Cal and Veteran’s Administration benefits.

CEEL’s representation effectively increased the household income by more than $5,000 per month. This additional income allowed the daughter to stay home and fulfill her promise to her parents—that she would never put them into a nursing home.

On another occasion a wife of more than 50 years approached CEEL completely overwhelmed and disheartened by the prospect of having to place her husband into a nursing home.

The cost of his care was going to exceed $10,000 per month.

She was concerned that this would drain all their savings and lead her into bankruptcy. She felt that her only option was divorce. With the firm’s help she petitioned the court to order Attorney Journal San Diego | Volume 174, 2018

17

the state to use the various federal and state laws that allow married couples facing this problem to increase the minimum eligibility guidelines to support the well spouse. This allowed her husband to receive the care that he needed while allowing her the financial security to remain at home.

© Bauman Photographers

Experienced and Innovative Leadership

CEEL Associates: K. Brooke Jensen and Alexis C. Bastedo

CEEL Executive Director: Shelley Lightfoot

The firm’s approach focuses on finding and implementing realistic solutions on a case-by-case, family-by-family basis rather than automatically recommending a pre-set course of action. That approach is even more important in the elder law field when making decisions about care and placement for a disabled senior who may be suffering from a condition such as Alzheimer’s. Each family is unique and the solutions that may be the most efficient for the law office may not be the best option for an individual family. For example, a family may be struggling to keep an aging parent at home, but hasn’t put together a support network. Many would suggest that the easiest solution would be to place the parent into a nursing home. Although this approach may be easier for the firm to implement, it ignores the family’s specific goals and wishes. CEEL’s approach is to address the problem by identifying all the programs available that would enable the family to achieve their goals.

The unique combination of skills and experience of the partners enhances the attainment of individual family goals.

Richard “Scott” Stewart

© Bauman Photographers

Stewart represents clients throughout California with estate, disability, and Medi-Cal planning. He is a member of the California Bar, San Diego County Bar Association, California Advocates for Nursing Home Reform, National Academy of Elder Law Attorneys and has previously served on the Board of Directors for the Glenner Alzheimers Family Centers.

He conducts educational programs and seminars on elder law topics throughout Southern California and appears regularly on various radio and television news channels.

Stephen J. Mancini

Mancini is a Certified Specialist in wills, trust and probate by the State Bar of California Board of Legal

18

Attorney Journal San Diego | Volume 174, 2018

© Bauman Photographers

The CEEL Team enjoying time together.

Specialization. As a former U.S. Navy Radioman and retail business owner, Mancini combines these skills with more than 37 years of experience as an attorney to counsel families and business owners. Through five unique brands and with his partners, he educates wealth advisors, assists business owners in discovering “what’s next,” and protects families and their assets.

Joseph J. Strazzeri

Strazzeri is a former general contractor, land developer, and business owner who combines his real estate and development skills with more than 15 years of experience as an attorney. Like Mancini, his practice also focuses on educating wealth advisors and assisting successful families and business owners to find “what’s next” (while protecting the families and their assets in the process). The common denominator that underlies his efforts is a ‘we-driven’ mindset, in which collaboration itself is a craft. He believes in curiosity as a first impulse—asking questions that expose the full landscape of issues—choices, and solving problems creatively and with deep empathy for clients.

CEEL’s diverse and energetic team includes associate attorneys Brooke Jensen who handles estate settlement, Alexis Bastedo who handles elder law, Executive Director Shelley Lightfoot, six paralegals/strategic assistants, a director of first impressions, and a client relations coordinator.

Providing Options and Educating Clients One of the firm’s missions is education. Lightfoot says, “We want to dispel all those misconceptions about the benefits that are available to help middle class families. People think that Medi-Cal is for low-income families and it’s not. It is intended for middle class families. People have been trained for so many years to believe incorrectly that it’s really hard to change the general thought out there.”

Stewart cites a case in which an education in the law and the system could have, and eventually did have a dramatically positive effect on an aging family. Several years ago, he was brought in as co-counsel for people he calls a “salt of the earth” family. The client, a man in his sixties, was married to a woman suffering from Alzheimer’s disease. He was struggling to support his family by continuing to work every day in his lawn maintenance company. The only real asset of the family was their family home that had increased in value to nearly $1 million. There were no other resources and his income from his business created an income stream of about $2500 a month.

Because of the lack of resources, he felt his only option to take care of his wife was to leave her home unattended. This resulted in the involvement of the state and a conservatorship. When Stewart was retained, her court-appointed conservator and

Attorney Journal San Diego | Volume 174, 2018

19

attorney were asking the court for an amount of approximately $400,000 for attorney fees and costs associated with her care. They had requested an order to sell the home as well as a spousal support order.

During the hearing, Stewart showed that she qualified for benefits that would have paid for her care entirely and that the $400,000 debt could have been avoided. This option was overlooked by both the Court as well as her attorney. It is unclear why this option was overlooked. Stewart speculates that either the attorneys were not familiar with the benefit options or erroneously determined that she was not eligible for benefits.

Preserving Quality of Life.

Preserving Legacies.

One of the biggest challenges in elder care and related fields is the unwillingness of those who need professional advice to seek that advice in advance of their need. Less than 10 percent of the population has had a conversation even with their spouse about their long-term care. This aging population is increasing in size. Someone turns 65 about every minute. At 65 someone has a 70 percent chance of needing some form of assistance during his or her lifetime. This disconnect between need and expressed wishes will

continue to be a major problem that our senior population will confront.

“That’s really the biggest problem I see in the aging world. We make this assumption that we’re going to age like we saw our grandparents age. And most of our grandparents were fine and then they passed away. There wasn’t this extended stay in a facility where they slowly declined. That’s because our healthcare system wasn’t capable of keeping people alive for as long as it can today. Advances in medicine have dramatically increased life expectancy, which has caused a dramatic increase in the number of people suffering from long-term disabling conditions such as Alzheimer’s disease. This change in life expectancy is one that most families have not considered and therefore they don’t have a conversation or even contemplate long-term custodial care planning issues,” Stewart says.

It used to be that estate planning was focused on what happened after you passed away and perhaps minutes or days before you passed away. But the nature of our society and people living longer means that that’s not the path people are living on now. They will likely suffer from some condition that requires some assistance with daily living. And they will need some person—whether it’s a spouse or a child or a professional—to assist them with that.

Statistics show that the important questions are not contemplated by most people.

Stewart says, “I don’t see a limit to us being able to assist people in the future. We have all sorts of situations that are going to impact elders physically and financially and they need plans to work within that world. That’s where we come in. We help preserve people’s quality of life. We also help preserve legacies for spouses and if the parents want, we can preserve legacies for their children.” n

Contact California Estate and Elder Law 3636 Nobel Drive Suite 450 San Diego, CA 92122 858-200-1925 Alberto@estate-elderlaw.com www.estate-elderlaw.com

20

Attorney Journal San Diego | Volume 174, 2018

CONNECTING

People

“A career change, whether lateral or vertical, is a significant moment in someone’s life and we feel honored to be a part of that process,” says Alicia Vargas, co-founder with Katie Dougherty and Nicole Sutton of Nexus Search Group.

“We feel privileged to be a trusted resource to our clients when they are looking to add top-quality talent to their team,” Dougherty says.

“We love our business and our community and look forward to being a continued part of its success in the years to come,” Sutton says. Nexus Search Group is a boutique search firm specializing in the permanent placement of attorneys and legal support professionals with top-rated law firms and corporations.

The group’s specialization differentiates the organization from other local agencies offering temporary placements and other services. “The focus on direct hire placements is truly our passion. Our goal is to develop solid relationships with our clients and fully understand their culture, their teams and their specific hiring needs so that we can find them the best person who will ultimately be a good long-term fit for the team. The same idea relates to the job seeker as well,” Dougherty says.

Their business plan is centered on knowing each client and each candidate as well as possible. Knowing what is truly important to each is critical in identifying opportunities that will be a natural fit.

Tenured recruiters are rare. Although Nexus Search Group was founded in 2015, the founders had significant legal recruiting experience prior to joining forces. The team has served the Southern California legal recruiting business

22

Attorney Journal San Diego | Volume 174, 2018

through the many changes the San Diego legal community has weathered in the 21st Century. “We were here during the 2008-2009 recession as well as through economic boom times. We have seen the exit of large companies from the market place and have worked with many start-ups new to the San Diego business community,” Vargas says.

The firm has experience working with virtually all industries, including bio-tech, real estate, health care and the service industry.

Sutton says, “We believe that having a successful business is built upon making a positive impact in our community and we work hard to align with organizations with a similar philosophy. All three of us have a true passion for helping others and for providing the best possible service.”

Each founder brings a unique background, experience and perspective to the organization. The success of the firm indicates that the different backgrounds and talents complement one another and allow for growth and development of each founder and the company.

The founders say they share deeply held values that help determine what type of business they want to have and the image and reputation they want to earn and maintain within the business community.

When Nexus Search Group began, Sutton and Vargas brought more than ten years of experience in the legal recruiting industry and an in-depth knowledge of the San Diego

JOURNAL

FEATURED COMPANY PROFILE OF THE MONTH

2018

“We feel grateful to be in this business where we can have a direct and positive impact on people’s lives and their families,” Sutton says of Nexus Search Group. market. Dougherty had recent experience working in the legal recruiting industry, experience working in a management role for a staffing company, and was instrumental in running her father’s staffing business for several years. The mix of idealism about forming their own firm, serving a specialized market, and combined with real-world experience was ideal. Together they have developed a client- and candidate-focused service that responds to the current market needs.

“We feel grateful to be in this business where we can have a direct and positive impact on people’s lives and their families,” Sutton says.

A typical in-house client is one who either does not have an internal recruiter or a company that has an internal recruiter, but one who is responsible for hiring for all departments, and therefore unable to focus on the specific needs of the legal department. In addition, Nexus Search Group works closely with law firms throughout Southern California—firms ranging in size from boutiques to large Am Law 100 firms.

The firm has worked with many companies and law firms interested in market intelligence. They assisted a San Diego company with restructuring and growing their legal department. They also provided a detailed analysis of salary guidelines for each of their legal positions, which allowed the company to better focus on their business, to retain tenured employees, and stay competitive in the San Diego marketplace.

They helped a San Diego Am Law 200 firm struggling to find the right candidate for an experienced Litigation Paralegal opening—a crucial role for the firm needing specific help for a specific client. Nexus Search Group was able to assist them with finding a candidate who was able to help them get quickly organized and meet the needs of their client.

The team also worked with a San Diego-based technology company undergoing tremendous growth and in need of a more structured and established legal team. They found their client an In-house Counsel who was able to take them to the next phase in their business and ultimately save money on outside counsel costs.

Dougherty says that one of the organizations’ chief assets is their ability to make decisions quickly and to change directions just as fast when situations change. “We are a nimble team with the ability to assess situations and make necessary changes to accomplish a goal. We also work to

24

Attorney Journal San Diego | Volume 174, 2018

communicate with our clients and candidates in ways that are perhaps quicker or more effective. For example, we have found that people love to communicate via text message. If we have a quick question or just need to schedule an interview, it can sometimes be easier to communicate via text message to get something answered or to arrange a meeting quickly,” she says.

Clients agree with their services and their approach to solving recruitment challenges.

“After using different direct hire placement agencies, I finally realized that Nexus Search Group was by far the best.

The staff is highly professional, they know their applicants, they took the time to truly understand my needs and I now rely on them as a key component of my recruitment strategy.

They have shown that I can count on them to find the right person for the job, as evidenced by the most recent placement in my own department.” (A San Diego Law Firm) “The Nexus Search Group helped me think outside of my comfort zone and find a great new position that promises to combine my current skills with exciting new learning opportunities, allowing me to continue to grow my career.

The team were with me every step of the way through the interview and hiring process and their support and desire to find the right fit for not only me, but the prospective employer as well, was amazing. I'm excited about my new job and grateful to the team for helping to facilitate this next chapter in my professional growth.” (A candidate with a San Diego company) The founders are planning to expand their market reach to serve clients throughout California.

Vargas says, “We founded Nexus Search Group after working for many years in the legal recruiting industry. Our knowledge of the legal market, dedication to our candidates and clients, and enthusiasm for helping others allows us to do what we love—connecting people.” n

Contact Nexus Search Group 4858 Mercury St., #103 San Diego, CA 92111 www.nexus-searchgroup.com

IS YOUR LAW FIRM MAKING

THE BEST IMPRESSION?

We’ll help you put your best foot forward.

From logos and brochures to websites, strategy, writing and beyond, we’ve got you covered!

Jenny Strauss, Partner & Brand Strategist 215-460-0835 jenny@skidmutro.com

Ideas, Design, Marketing … Powerful Results!

View our portfolio at skidmutro.com

Don’t Rob Your Prospects of Their Scarcest Resource And What Not to Say When Marketing

by Tom Trush

E

ver notice how many people want to steal your scarcest resource? They crave a piece of your time—often for their own benefit.

But this theft isn’t only limited to people … each day hundreds of marketing messages attempt to rob you of your time, too.

So how do you decide where to direct your attention? Well, fortunately, this decision mostly happens on an unconscious level. If you were consciously aware of every marketing message competing for your interest, you couldn’t function.

Good thing you have instinct—that gut feeling that tells you (in a split second) when something isn’t worth your time. When marketing to prospects, you must overcome this intuition if you have any chance at getting your message seen or heard.

Just like you, your prospects recognize promotional fluff.

Your gut knows advertisements. Your gut knows when someone is selling. Your gut knows when something serves someone else’s interests. Am I right?

Remember, the most effective marketing often doesn’t look like marketing. So, with this concept in mind, let me give you a challenge … When you write your next marketing piece, honor your prospects’ time by presenting information as if they were already your clients/customers.

Ignore your desires. Forget about selling. Disregard your competitors. Snub the internal voice that screams, “You’re giving away too much!”

Take this exercise seriously and I guarantee your marketing grabs more eyeballs and gains greater interest.

Need an example to help you get started? Watch this nearly 12-minute video (with 9,823,202 views) from Dr. Robert Cialdini: http://youtu.be/cFdCzN7RYbw. He gives you six costless ways to persuade prospects and, at the same time, introduces you to his resources for improving organizational and personal performance.

26

Attorney Journal San Diego | Volume 174, 2018

WHAT NOT TO SAY WHEN MARKETING

While recently critiquing a few marketing pieces for a client, I was startled by a strange language style.

It wasn’t that the words were vulgar. Or even that they were wrong. The problem was that I couldn’t imagine the client using the language in a conversation.

Remember, marketing is just an extension of a one-on-one discussion. The only difference is—depending on the medium you use—you’re sharing an identical message with multiple people. Look at your last written marketing piece. Would you use the same words while speaking with a prospect?

If you wouldn’t say something in a one-on-one conversation with a prospect, don’t say it in your marketing materials. Far too many entrepreneurs and executives use marketing to talk about themselves. So, you may see lists of accomplishments … heavily branded content … exaggerated claims … and language that needs a permanent home inside a thesaurus.

Can you imagine a real estate agent greeting you and then rattling off a series of awards?

Or what if you just met an accountant who explained how she’s “a leading provider of integrated information services and scalable workflow tools that create value-added alliances, while leveraging the evolving requirements of today’s business professionals”? If you’re a robot marketing to aliens, these approaches might work—but not with real people.

So use your marketing to casually talk to prospects and deliver value. Your prospects will reward you with attention. n Tom Trush is a Phoenix, Arizona-based direct-response copywriter who helps entrepreneurs and executives craft lead-generating marketing materials. Pick up his latest book, Escape the Expected: The Secret Psychology of Selling to Today’s Skeptical Consumers, for free (just cover shipping) at www.writewaysolutions.com/blog/free-book-offer.

Peterson Reporting.

Providing nationwide service since 1986.

We are Business and Estate lawyers with experience in Law Firm Transitions. We are interested in working with San Diego and Orange County Law Firms who specialize in:

From day one of your

Reporting

deposition to the last day

Videography

of your trial, Peterson Reporting

Trial Presentation

is an indispensable member of your trial team. Proven professionalism and proficiency

Free Conference Rooms Live Streaming Services

Locally owned, globally known.

• ESTATE PLANNING

• PROBATE LITIGATION

• CHARITABLE GIVING STRATEGIES

• BUSINESS LAW

• GIFTING TRUSTS

• REAL ESTATE LAW

• TRUST ADMINISTRATION

• LIFE INSURANCE TRUSTS

• SPECIAL NEEDS TRUST PLANNING

Video Conferencing Services

for more than 25 years.

INTERESTED IN GROWING YOUR LAW PRACTICE? DO YOU HAVE AN EXIT STRATEGY?

You’ve spent your career advising clients on their exit strategy. What is yours?

Global Reach Complex Cases

It is estimated that over 50% of law practice owners are from the Baby Boomer generation. Of this generation, one is turning 65 every 57 seconds and that trend will continue for the next 17 years!

Accurate, Fast

Considering the growing number of attorneys looking to exit their law practices in the next several years, along with the understanding that almost 90% of practice owners do not have a documented exit strategy, the time for legacy and growth opportunities has arrived. As the practices of law and technology collide, opportunities abound for those law firms and attorneys with the foresight to make legacy-focused decisions today.

530 B Street, Suite 350 San Diego, CA 92101

619 260 1069

San Diego Office 2468 Historic Decatur Road, Suite 220 San Diego, CA 92106

Irvine Office 110 Pacifica, Suite 130 Irvine, CA 92618

Since 1986 petersonreporting.com john@arlawplanners.com 619.220.8688 arlawplanners.com

Call to request green delivery of your transcripts and receive a discount.

Peterson AttJrnl HPV.indd 1

7/12/13 5:04 PM

Attorney Journal San Diego | Volume 174, 2018

27

Critical Success Factors The Key to Exposing Demand

by Mike O’Horo

Let’s get the new year started off on the right foot by simplifying what many lawyers struggle with. There’s a lot of confusing advice out there for lawyers who are trying to learn how to get clients. Let these three basic questions be your guide to simplified business development: What? Why? How?

Not “What legal problem,” but “What business problem.” By the time a problem is categorized as a legal problem, it’s too late. The conversation has moved on from “What should we do?” to “Who should we choose to perform this legal task?” The “business problem” conversation is the one they’ll welcome you to participate in.

What’s happening in your clients’ industries?

What macro forces are shaping their options?

Think in terms of tangible stuff like strategy and operations. The success of every business is determined by six Critical Success Factors: n P roduct (or service, or idea; something to sell). They must produce it, license it, or buy it for resale. n C apital or other forms of financing the company’s operations. They have to raise equity investment or borrow debt financing. n D istribution i.e., how they’ll get what they sell to those who want to buy it. This includes marketing, advertising, direct sales, channel sales, physical distribution, warehousing, delivery, etc. n P eople to do all the stuff that needs done.

They have to recruit, rent, hire, manage, compensate, train, reward, promote, discipline, fire, and retire workers. n F acility in which the people will do their jobs. They have to buy it, rent it, build it, upgrade it, expand it, or virtualize it. n G overnment licensing, taxation, regulation, compliance, enforcement, adjudication, etc.

If you spend some time getting and keeping yourself informed, you should be able to create and sustain a pretty robust conversation about all that, and with far more people than are present in the Legal Dept.

Why is this problem important?

Not every problem justifies a solution, decision-making, investment, and risk. That depends on the problem’s relative impact. Why must people care about it and do something about it? What are the specific strategic, operational, economic, and emotional consequences of the problem’s existence? Who among the “people” (above) are most affected?

How can you make a difference?

Can you: n help prevent it n contain or limit its impact if it’s just emerging n remedy it if it’s already in full bloom “How” is not an invitation to pitch or describe your service and expertise. It’s not about you; it’s about helping the buyer navigate the transition from the “current state” into the “desired state.” If you do that, they’ll ask you about your role, capability, etc. They’ll hear your answer in a useful context rather than as abstract horn-blowing.

Current State

nn ▲▲

Desired State

Transition

n

▲

What problem, situation, challenge or opportunity drives demand for your service?

▲

The discipline embedded in these three simple questions will guarantee your relevance, which will in turn guarantee your continued inclusion in the conversation, which will guarantee that you’re still around and in contact when issues arise that could reasonably involve you. Taken together, that means that you’ll eliminate the risk of being forgotten, or of having to figure out some clever way to manufacture a way to get in front of that client or prospect again. n

Mike O’Horo is a serial innovator in the law business. His current venture, RainmakerVT, is the world’s first interactive online rainmaking training for lawyers, by which lawyers learn how to attract the right kind of clients without leaving their desks. For 20 years, Mike has been known by lawyers everywhere as The Coach. He trained more than 7000 of them, generating $1.5 billion in new business. Mike can be reached at mikeohoro@rainmakervt.com.

Attorney Journal San Diego | Volume 174, 2018

29

Enhance Your Image And Nurture Relationships How To Overcome Two Costly Excuses Prospects Make

by Trey Ryder

W

hy do clients and prospects make excuses? And what do those excuses mean? The excuses you regularly hear are really symptoms of other problems:

Excuse #1

“Too expensive.” Prospects don’t appreciate the value of what you’re offering, choosing to focus on price instead. (Also, “too expensive,” if true, could mean you’re reaching the wrong audience; you should redirect your message so you reach qualified prospects.)

Excuse #2

“Too busy.” Prospects don’t understand the importance of what you’re offering, so they ignore your suggestions and claim they’re too busy.

The purpose of a competent marketing message is to make sure prospects understand the depth of their problem—and the solutions you can provide. When you hear excuses, they demonstrate the failure of your marketing message. Obviously, you’re reaching people who don’t appreciate the depth of their problem—and the importance of solving it NOW! Part of the issue is Credibility. When prospects trust you, they are more likely to follow your advice. So another problem is that your marketing program does not establish a high enough level of trust for prospects to do what you suggest.

Part of the issue is Importance. Prospects must understand the terrible problems they will create if they don’t act soon.

Part of the issue is Urgency. Motivating people to take action 30

Attorney Journal San Diego | Volume 174, 2018

is hard. Motivating them to take action AND write a check is even harder.

Part of the issue is Convenience. Over the past year, I’ve carefully watched marketers in all types of businesses. Those who achieve the greatest marketing success are those who make their message and their services very convenient for their prospects. Convenience is hugely important, especially in a world where no one has enough time.

For your marketing program to succeed, it must do all these things: • Firmly establish your prospect’s legal problem and its importance • Offer solutions that only you can provide • Prove that paying money to you is not a high cost—but, instead, an essential and wise investment—in fact, the best investment they will ever make • Clearly point out what people lose by not hiring you now!

Your marketing message must be air tight, without any holes. And you need effective ways to deliver your message to your prospects.

For marketing success, your marketing program must deliver a competent message that puts everything in the right perspective.

Trey Ryder specializes in Education-Based Marketing for Lawyers.

He designs dignified marketing programs for lawyers and law firms in the United States, Canada and other English-speaking countries. Trey works from his offices in Payson, Arizona and Juneau, Alaska. To read more of Trey’s articles, visit the Lawyer Marketing Advisor at www.treyryder.com.

PRSRT STD U.S. POSTAGE

PAID

Post Falls, ID PERMIT NO. 32

UNRIVALED JURY VERDICTS SETTLEMEN T S PERSONAL SERVICE REFERRAL FEES

PANISH SHEA & BOYLE is happy to discuss how

we may assist you in your case. Please contact

the Honorable Judge Peter Polos (Ret.) for more information at polos@psblaw.com.

WWW.PSBLAW.COM

310.477.1700

1.877.800.1700