Attorney Journal, San Diego, Volume 137

SAN DIEGO

Volume 137, 2015 • $6.95

Breathing New Life into a Law Firm’s Aging Receivables

Jake Krocheski Low Batting Average?

Or Too Few At-Bats?

Mike O’Horo McIntyre’s Civil Alert

Monty A. McIntyre

Legal Marketing—Lessons from a Marketing Consultant

Paula Black

NICHE PRACTITIONER

Alex Ozols

Bringing a Bit of Hollywood to San Diego

Attorney of the Month

Bill Shapiro PLEASANT SURPRISE

2015 EDITION—NO.137

TABLE OF CONTENTS features

16

6 Breathing New Life into a Law Firm’s Aging Receivables

by Jake

Krocheski

12 COMMUNITYnews ATTORNEY OF THE MONTH

16 Bill Shapiro

Pleasant Surprise

by Jennifer Hadley

EXECUTIVE PUBLISHER Brian Topor EDITOR Wendy Price CREATIVE SERVICES Skidmutro Creative Partners

22

NICHE PRACTITIONER OF THE MONTH

22 Alex Ozols

Bringing a Bit of Hollywood to San Diego

by Jennifer Hadley

CIRCULATION Angela Watson

26 Low Batting Average? Or Too Few At–Bats?

PHOTOGRAPHY Bauman Photographers

Learrn the Two Core Causes of Disappointing New Client Acquisition Results

by Mike O’Horo

STAFF WRITERS Jennifer Hadley Karen Gorden

CONTRIBUTING EDITORIALISTS Jake Krocheski Monty McIntyre Mike O’Horo Paula Black WEBMASTER Mariusz Opalka ADVERTISING INQUIRIES info@AttorneyJournal.us SUBMIT AN ARTICLE Editorial@AttorneyJournal.us

28 McIntyre’s Civil Alert

Organized Succinct Summaries

by Monty A. McIntyre

30 Legal Marketing Lessons from a Marketing Consultant

by Paula Black

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30 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.

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Attorney Journal is a trademark of Sticky Media, LLC. Not affiliated with any other trade publication or association. Copyright 2015 by Sticky Media, LLC. All rights reserved. Contents may not be reproduced without written permission from Sticky Media, LLC. Printed in the USA

JUDE BASILE

JOHN H. GOMEZ

AUGUST LARSEN

Former President, Trial Lawyers College Member, Inner Circle of Advocates CCTLA “Trial Lawyer of the Year” 3 times CASD “Trial Lawyer of the Year” CASD “Outstanding Trial Lawyer” Award 7 times

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BREATHING NEW LIFE

INTO A LAW FIRM’S AGING RECEIVABLES

by Jake Krocheski

When it comes to managing their receivables, many firms tend to regard this as an aspect of financial management. It is, after all, about money; you can touch and feel the dollars.

However, receivables management is just as much a function of practice management. It is not just about numbers. Behind most receivables more than 90 days past due is a story about why the account has not been paid—cash flow problems, complicated transactions, and many more. Understand those stories, get to the bottom of them—and you will have a better understanding of how to get paid.

Firms find themselves facing a dilemma. On one hand, they truly want to embrace institutional thinking and run as a business, putting structures and procedures in place and holding people accountable. On the other, they are reluctant to hold the individual attorneys accountable and deprive them of their autonomy because of the different circumstances that may exist that impact payment from clients. The two attitudes create an uneasy balance. It is hard to have clear-cut procedures while poking holes in them with plenty of exceptions. The truth, though, is that your firm must. Everything is not black and white. You need to make it clear to your attorneys and staff—as well as your clients!—what your policies and your expectations are. Yet, there needs to be a fair amount of latitude for decisions based on individual client relationships.

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Attorney Journal San Diego | Volume 137 2015

It will be important to layer your firm-wide efforts, to take into account both formal collection procedures and practices and the informal, individual efforts that exist in practice to service clients. Mid-year is an appropriate time to focus on these issues, before getting into the mad rush of year’s end.

To ensure that your receivables are not enjoying a ripe old age, take these steps: 1. Step back and start dissecting the older, harder-to-collect backlog of receivables. It may be necessary to dig deep to understand just how old they are. Many firms do not differentiate between receivables that are 90 days past due and those that are much older. Understand the dates on the aging report to discover how old the receivables really are. Look to see if there is any recent billing activity on the account, when the last payment was received and for how much. It is surprising to us how firms continue to do work for clients without considering whether they are paying their bills.

2. When managing the backlog of receivables, look first at your oldest receivables and work your way back to those that are newer. It may seem harder, but it will be productive to spend time first with the oldest receivables, moving forward to determine their collectability.

CLIENT CONNECTION ASSISTS LAW FIRMS OF ALL SIZES

3. Ask all attorneys to review their clients with outstanding balances. Tell them up front that you are looking for the truth from them. The point is for them to take decisive action: make the collection themselves, get help from the firm’s accounts receivable management team or clear the books. The attorneys are in the best position to assess whether a receivable should be kept on the active list or written off. However, they are often reluctant to follow through with the write-off process.

Evaluate each account and determine the likelihood of payment if the firm invests more time and effort to collect.

Don’t kid yourself about the reality of collecting an account.

When a receivable exceeds 180 days past due, there is only a 50% chance that it will be collected, and the likelihood drops off dramatically after that point. There may be a logical reason why it has not been paid. Perhaps the client does not have the ability to pay. Maybe the attorney has worked out an arrangement with the client whereby he can pay after the matter has been completed. Make sure the responsible attorney communicates to the firm what arrangements have been made with each client.

4. Urge firm leadership to be decisive and step in to take action. Management must work through receivable issues and not just accept attorney statements like: “I’m working on it” or “I’m in contact with my client about this.” For firms that are mid-size or larger, if you don’t yet have a committee, give serious thought to forming one. If yours is a smaller firm, this responsibility will rest squarely with firm leadership. Collections typically can’t be handled adequately by one person. Get your arms around the problem by creating—and empowering—a committee.

5. Evaluate the firm’s overall collection efforts. Ask yourselves: Did we do the job right, or did our processes and procedures allow receivables to age far longer than they should have? Review the firm’s policies and procedures concerning receivables that go beyond 90 days. Determine if policies exist only on paper. Implementation is the key.

Do you have the right people in place to move the ball forward, and are they empowered to do so? Many firms review their older receivables with the goal of determining why accounts have not been paid and if they have collection problems. When doing this, they frequently learn they have long had problems, but did not detect them earlier in the aging process.

6. Make the most of your dedicated collections staff, those whose job is to focus exclusively on receivables. Evaluate the ability of your staff to help in accounts receivable management. Ensure they have the skills and talents that can help attorneys reduce the backlog of receivables. Also, measure the staff’s performance to ensure progress is being made and sufficient time is being devoted to working directly with accounts receivable, as opposed to other administrative duties. At the same time, recognize when attorney involvement is essential.

7. Make the decision to write off the account after all efforts have been exhausted. Admittedly, that is far easier said than done. Nevertheless, if efforts have been made to collect that do not bear fruit, accept the fact that there is little chance of getting paid and write it off. If the attorney continues to hold up the write-off process, firm leadership needs to step in and get the account written off.

8. Consider enlisting the services of experts in managing law firm receivables, like Client Connection, to help you tackle difficult receivables In many cases, the more time you take to deal with your receivables, the more they age, and the harder it becomes to collect. Not only can consultants deal with problem situations, but they can help give collection efforts the focus they require, as well as recommendations for preventing these problems from happening again.

Client Connection assists law firms of all sizes throughout the United States by furnishing accounts receivable management services, developing practical receivable programs, training law firm staff in effective accounts receivable management methods and executive placement of professional collections managers. n Jake Krocheski has over 25 years of experience as a management consultant to the legal profession. His expertise is in helping law firms of various sizes and practice areas develop accounts receivable management programs and client intake procedures. Mr. Krocheski has published several articles on accounts receivable management for various law practice management journals, including The American Lawyer, Legal Management and Legal Times. He is based in Washington, D.C. and Dallas, but he travels extensively and welcomes the opportunity to meet with law firms interested in discussing their accounts receivable needs. http://www.clientci.com. Article Source: http://EzineArticles.com/?expert=Jake_Krocheski.

Attorney Journal San Diego | Volume 137, 2015

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Attorney Journal San Diego | Volume 137, 2015

COMMUNITY news nSolomon Ward Seidenwurm & Smith, LLP is pleased to announce that Michael Lees has joined the firm as partner. Lees’ practice focuses on real estate and business transactions, taxation and health care law. He advises individuals and businesses in corporate and transactional matters, and represents both buyers and sellers in acquisitions and divestitures MICHAEL LEES of businesses, real estate and capital assets. Lees also prepares and negotiates formation and operative documents for corporations, partnerships and limited liability companies, including complex joint ventures and investment funds. Prior to joining Solomon Ward, Lees was a partner and shareholder at Seltzer Caplan McMahon Vitek.

Lees received his J.D. from the University of San Diego School of Law and his LL.M. in taxation, with distinction, from Georgetown University Law Center. He also holds an undergraduate degree in business administration with a double major in accounting and finance from the University of Arizona.

MICHAEL KAGNOFF

LARRY NISHNICK

nDLA Piper advised Neothetics, Inc. (NASDAQ: NEOT), a clinicalstage specialty pharmaceutical company developing therapeutics for the aesthetic market, in the pricing of its initial public offering of 4,650,000 shares of its common stock at a public offering price of $14.00 per share.

The San Diego-based DLA Piper team representing Neothetics was led by partners Michael Kagnoff and Larry Nishnick, and associates Patrick O’Malley and Lindsey Wyman.

This is the ninth US IPO handled

by DLA Piper in 2014. Since 2008, the firm’s Capital Markets group has represented companies, underwriters and placement agents in more than 240 public offerings (equity and debt) in the US and worldwide, including more than 40 IPOs.

nKilpatrick Townsend & Stockton has announced that attorney Erwin Cena was honored by the Casa Cornelia Law Center as one of the 2014 Pro Bono Publico award winners.

Pro Bono Publico award winners are recognized for assisting clients in Casa Cornelia’s domestic violence, asylum and unaccompanied children programs. Mr. Cena was ERWIN CENA recognized for his work on U Visa applications for two women who were victims of domestic violence. He drafted the clients’ applications and also worked with them to formulate accompanying declarations. This involved multiple client meetings, phone interviews and working with Casa Cornelia staff, attorneys, translators and the clients to fill in gaps in the information. With Mr. Cena’s assistance the applications were ultimately completed and filed with the office of U.S. Citizenship and Immigration Services.

Mr. Cena focuses his practice on patent litigation. He also has experience in the areas of commercial litigation, products liability, personal injury and construction defect matters. He is a member of the firm’s Pro Bono Committee. nFisher & Phillips LLP has added Megan Walker as a new associate to its San Diego office. Prior to joining Fisher & Phillips LLP, Walker worked as a summer associate at Epps & Coulson LLP in Los Angeles.

Walker received her law degree from Ohio State University in 2014. While there, she was an articles MEGAN WALKE editor for the Ohio State Law Journal.

During her third year, she attended the University of San Diego School of Law as a visiting student and worked as a law clerk in the Civil Division of the U.S. Attorney’s Office for the Southern District of California.

She received a bachelor’s degree in individualized studies, magna cum laude, from New York University in 2006. She also attended the Fashion Institute of Technology in New York, where she earned an associate degree in applied science, summa cum laude, in fashion merchandising management in 2009.

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Attorney Journal San Diego | Volume 137, 2015

COMMUNITY news nSan Diego Volunteer Lawyer Program, Inc. (SDVLP), a nonprofit organization that provides free civil legal services to thousands of lowincome San Diegans annually, is pleased to announce that SDVLP volunteer Michael O’Halloran has been honored as one of the recipients of the 2014 California State Bar President’s Pro Bono Service Awards.

MICHAEL O’HALLORAN This award recognizes California attorneys, law firms, associations of California attorneys, law schools and law students who have provided or enabled the direct provision of legal services to low-income clients or to nonprofit organizations whose primary purpose is to provide services to the poor or disadvantaged, free of charge, without expectation of compensation, in the preceding calendar year.

O’Halloran, who was nominated for the State Bar award by SDVLP and Lawyers Club of San Diego, is founding partner at the Law Office of Michael T. O’Halloran and his practice focuses on complex bankruptcy matters. nSandra Joan Morris has joined the San Diego law firm of Seltzer Caplan McMahon Vitek as of counsel to the firm’s family law practice. Morris, who has been practicing law for 44 years, has extensive experience in a broad range of family law issues both as a counselor and litigator. Prior to joining Seltzer Caplan, Morris had her own practice, which she SANDRA JOAN MORRIS established in 1970.

Morris has long been recognized as one of the preeminent family law attorneys in the United States. In 1981, she was the second attorney in San Diego, and first woman, to be admitted as a fellow in the American Academy of Matrimonial Lawyers, serving as the second Chair of the Southern California Chapter, and as President of the National organization in 2002. In 2004 she was chosen as the organization’s Family Law Person of the Year. She is a Fellow in the International Academy of Matrimonial Lawyers, and one of the 100 Diplomates in the American College of Family Trial Lawyers.

Morris has been certified as a Family Law Specialist by the State Bar of California since 1980, and she chaired the San Diego Certified Family Law Specialists in 1996. She is a “Founding Mother” of Lawyers Club of San Diego.

nThe California Minority Counsel Program (CMCP) has named San Diego attorney Janice Brown to its Diversity Leader Hall of Fame. In its inaugural year, CMCP’s Diversity Leader Hall of Fame recognizes visionaries who saw the need, set the tone and paved the way, starting in 1989 and strongly committed individuals who came after, continuing the work and moving JANICE BROWN CMCP to a higher level.

“I sincerely and whole-heartedly support the mission of CMCP,” said Ms. Brown, “and I’m thrilled it has included me among its first members of Diversity Leader Hall of Fame. To some degree, it feels strange to be honored for what you love and believe in.”

A frequent public speaker, Janice Brown is trusted for her specialized expertise and knowledge. She speaks frequently with the media on legal issues, as well as to legal groups and other organizations. She is considered an expert in the area of preventative law. Ms. Brown was also selected as a San Diego Super Lawyer each year from 2007 through 2014. nSan Diego IP Law Group LLP is pleased to announce that David M. Beckwith has joined the Firm.

David is a seasoned trial attorney with over 28 years of patent trial and litigation experience across a broad range of technologies. Before joining the Firm, David was a partner with McDermott Will & Emery. David holds an AV Preeminent peer rating DAVID M. BECKWITH and is a distinguished graduate of the University of Virginia Law School.

The Firm has also recently settled numerous complex cases on highly-favorable terms. In October 2014, the Firm obtained a lucrative settlement for its client Jewel Systems, Inc. in a complex theft of trade secret and confidential information case involving numerous claims filed in federal court against six defendants including a competitor. Earlier in 2014, San Diego IP Law Group LLP also successfully settled a patent infringement lawsuit for its client Xilidev, Inc. involving mobile payment systems under which defendant BilltoMobile agreed to license the patent in suit.

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PLEASANT

SURPRISE Bill Shapiro never expected to become one of OC’s top trial attorneys, but talent and passion coupled with a commitment to civility and desire to create positive changes in the world has made him precisely that for 37 years and counting.

by Jennifer Hadley

“I

received some terrific advice right after passing the Bar. A great lawyer told me: Do everything you can to preserve a reputation of integrity, credibility, reliability, and being a man of your word,” says William D. Shapiro, AV-rated trial attorney and partner at Robinson Calcagnie Robinson Shapiro Davis, Inc. (RCRSD). For nearly 40 years, Shapiro has taken that advice to heart, putting everything he has into the exclusive litigation and trials of personal injury and wrongful death cases on behalf of those victimized by negligent driving and conduct, defective products and roadways.

Yet to hear Bill tell it, he never had big dreams of becoming one of Southern California’s “Top Rated Lawyers,” nor did he imagine he’d be named to lists such as the U.S. News & World Report’s “Best Lawyers in America,” or one of the “Top 100 Trial Lawyers” as ranked by National Lawyers of America. Shapiro is also a Fellow in the American College of Trial Lawyers, a Fellow in the International Academy of Trial Lawyers, a Fellow in the International Society of Barristers, and an Advocate in the American Board of Trial Advocates. He certainly never expected to be named “Trial Lawyer of the Year” by both the Orange County Trial Lawyers Association and the Consumer Attorneys of the Inland Empire or to receive the nomination for “Trial Lawyer of the Year” by Cal ABOTA. On the contrary, Bill merely wanted to be someone who helped create positive change.

“I am one of many trial attorneys who have been able to make a positive change in the world. Trial lawyers care about people. Contrary to what people may think, we aren’t just out for ourselves. Those of us who do this day in and day out know that the biggest enjoyment we get is from being able to

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Attorney Journal San Diego | Volume 137, 2015

help people and create change. We help get unsafe products off of the market, we help create laws to protect people and we help those who are gravely injured to have some quality of life. If we waited for government to make these changes, we’d still be waiting. So I know that one person really can make a difference,” he says.

TAPPING INTO TALENT However, as a young man, Shapiro’s dreams were simpler.

“While earning my B.S. in Physical Education, and a California teaching credential, my plan was to go into teaching and coaching. I knew I wanted to work with and help people,” he says. “But on a daily run up State College Blvd, I noted the newly placed words ‘School of Law’ on a building I saw being built. I thought to myself: Could I? That set in motion the challenge of my life. My admission to law school began my infatuation and infection with the law and it’s been that way ever since. I am so thankful for that fateful run. That day not only changed my life, but guided me to what was to be my calling. My love of the law has never diminished.”

As soon as he began clerking for a personal injury firm, he knew he’d found his area of practice. “I loved the challenge posed by plaintiff’s personal injury litigation. I savored being creative, digging, investigating, burning midnight oil to get a leg up, maximizing on preparation so as not to be outprepared. I was hungry then and remain hungry to this day,” he says. Thus, after being admitted to the Bar, Shapiro returned to the firm and became a partner in Peach, Shapiro & Peach

ATTORNEY

OF THE MONTH

© christopher TODD studios

2015 2014

© christopher TODD studios

Top Left to Right: Partners Scot D. Wilson, Daniel S. Robinson, Karen Barth Menzies, Allan F. Davis and Bill Shapiro.

Bottom Left to Right: Partners Kevin F. Calcagnie, Mark P. Robinson and Jeoffrey L. Robinson.

in 1979. By 1983, he’d opened his own practice, which he ran to tremendous success before ultimately partnering with Mark Robinson to merge his practice in 2010, forming RCRSD. Along the way, Shapiro learned to look for inspiration from others, to help him to become the type of lawyer and the type of man he wanted to be. “Over the years I had observed many people and noted there are some things I like about some people and some things I’ll do without. I have long studied great trial lawyers, great athletes, great musicians, great people—and some not so great—but I still learn something and take it home,” he says.

By way of example, he recalls trying a case in his first year as a trial attorney, facing off against nationally renowned defense attorney John Costanzo. “We were representing a quadriplegic suing a major auto manufacturer. The senior partner at my firm wanted to refer it, but I wanted to try it. When it came up for trial I had only tried 2 soft tissue cases. The trial lasted 4 months and I think I learned more in that trial than I did in law school.

I lost the case, but John invited me to his office after I reversed the verdict on appeal and settled the case. I was humbled by his compliments on my effort, skill and fortitude. I learned how to not be afraid to lose. As a trial lawyer, you can’t be afraid to lose.”

But Shapiro also knows that he’s learned a lot from those outside of the legal field, citing UCLA Coach John Wooden as someone who he admires. “His teachings should be studied by all. [He] promotes learning and mastering the fundamentals; always being prepared; doing your talking with action not words. These are the things I strive to conquer in each case and in everything I do. I ask my staff all of the time: If this was your 18

Attorney Journal San Diego | Volume 137, 2015

case, what would you expect your lawyer to be doing?”

Shapiro also says that many other great attorneys and friends have helped him to develop his own style of lawyering. “A great friend of mine has a commandment which I subscribe to and strive towards: Be nice, to everybody, all of the time. Another great lawyer told me: Never try a case for the wrong reason. Yet another attorney told me: Always handle a case like it was your mother’s case. I try to live by these, and share these tips with young lawyers I mentor or those I teach,” he says.

RESPECT FOR OTHERS: A FIRM’S STRENGTH It was Shapiro’s ability to recognize the strengths in others which would ultimately lead him to merge his practice with likeminded attorneys. “After working closely with Mark Robinson Jr. in Orange County, we decided to merge my practice in 2010 to form Robinson Calcagnie Robinson Shapiro Davis,” he says.

“We are a trial law firm of 30 lawyers with offices in Orange County, Los Angeles and the Inland Empire. Eight partners are joined by 22 associates making up the trial teams for our clients. Assistants, paralegals, legal secretaries, investigators and other staff members are a critical part of our trial teams and we’re proud of the depth of each litigation trial team. Whether an individual case, mass tort or class action, each litigation is handled by teams who see each case through to the end. In addition to our talented paralegal and legal secretarial staff, we include in-house nurses, a full investigation team, an IT crew,

that cooperation and civility translates into weakness. In fact, I believe just the opposite. By being cooperative and treating others as you’d expect to be treated, you are demonstrating the true strength of your case,” he says.

This respect for everyone from Shapiro and his colleagues has resulted in a caseload that includes countless referrals of catastrophic and mass tort cases from attorneys nationwide. “We are honored to have our referring lawyers and over the last 5 years, we have paid millions of dollars of referral fees and we are happy to do so. We understand that just as we don’t handle family, criminal, or estate planning law, many lawyers don’t handle catastrophic personal injury, wrongful death or product liability cases,” Shapiro adds. “We take pride in serving their referrals.”

Furthermore, the reputation that Shapiro and his colleagues have earned has led them to enjoy a nationwide practice.

“Having established great relationships around the state and country has provided us the ability to work cases nationwide, as we have associate counsel in virtually every state in the country.

This allows us to be involved with many Multidistrict Litigation (MDLs) Class Actions, Pharma cases, and even individual cases.”

RCRSD: THE NEXT 40 With a career that has been marked by award after award of million- and multimillion-dollar verdicts, Shapiro also has multiple published cases, including Thompson vs. Mercury Casualty Co. (2000) 84 Cal App 4th 90, and Lobo vs. Tamco (2010) 182 Cal App 4th 297, which led to creation of new laws.

© christopher TODD studios

as well as skilled and knowledgeable assistants who handle everything needed for our trial efforts.”

RCRSD is a full litigation firm with the utmost respect for the clients it serves. “Handling the types of cases we handle takes depth. It takes depth of skill, knowledge, resources and desire.

These cases are expensive and to get the results our clients are entitled to, it truly takes a comprehensive legal team, and the legal resources RCRSD is willing to provide. After nearly 37 years of handling only these types of cases, and surrounding ourselves with attorneys and staff who do nothing but sophisticated and catastrophic cases, I’m proud to say we provide among the best in product liability/personal injury legal services,” Shapiro says.

The desire to win for deserving clients has resulted in a firm of attorneys who have what Shapiro calls a respectful “bedside manner.” “The notion of bedside manner is not only critical in the medical field, it’s essential in the legal field. Clients entrusting their case to us have the right to know what is good and what is not so good. They can take it, if it’s delivered in the right manner. We keep clients posted on the good, the bad and the ugly, as we never want a situation where reality doesn’t set in until the trial. By keeping clients and our referring attorneys posted on cases, they are knowledgeable and prepared for what is coming. Too many lawyers fail to just tell their clients the true status. This does nothing but create distance and conflict, so at RCRSD we keep our clients well-informed,” Shapiro explains.

When it comes to working with fellow attorneys, whether they are referring attorneys or opposing counsel, Shapiro insists on creating a dialogue of civility and respect. “I don’t believe

Contact: Bill Shapiro: Robinson Calcagnie Robinson Shapiro Davis, Inc. www.rcrsd.com bill@shapiro.com 888-701-1288 19 Corporate Plaza Newport Beach, CA 92660 20

Attorney Journal San Diego | Volume 137, 2015

© christopher TODD studios

EXPERIENCE

There doesn’t seem to be much that Shapiro still has left to accomplish, but he has no plans of slowing down. In fact, he plans to continue to work as hard as ever, particularly when it comes to giving back to the legal community.

For more than 30 years, he’s dedicated himself to giving back to the legal community in a variety of ways.

Since 1980, he’s been on the Executive Board of the Legal Aid Society Inland Empire, having served in the clinics on a monthly basis. He has handled countless pro bono cases, and RCRSD continues to welcome those cases on behalf of those less fortunate. Along with his wife, Shapiro also established the “William and Susan Shapiro Scholarship” for students at Western State University, College of Law, years ago. He serves on the Board of Directors of the John Lewis King Scholarship Fund, and supports the Public Law Center in Orange County alongside his colleagues at RCRSD. In addition, Shapiro, along with his partners Mark Robinson and Kevin Calcagnie, is dedicated to the teaching of Trial Practice, being on the Adjunct faculty of Western State University, College of Law, and UCI Law School.

Not surprisingly, Shapiro has no doubt that good things are in store for the future of RCRSD. “RCRSD will continue to grow. We have tremendous talent, with skillful and dedicated partners and lawyers who have every reason to believe the firm will grow and flourish. We are paperless, with communication features that are second to none. We bring technology into the courtrooms as well as into depositions. But what we are most proud of is that we have a full command of the fundamentals of the law.

Irrespective of technology, the fundamentals of law must still be practiced and we strive to master that. There are no short cuts, no excuses, and nothing is half-done.”

As for when Shapiro is not working to help victims of catastrophic personal injury or heirs who’ve lost loved ones, create change or educate others, he’s typically enjoying time playing the pedal steel guitar, lead guitar and banjo in a country rock group, having Sunday dinners with his three sons or scuba diving with his wife.

Yet for someone as accomplished as Shapiro, he remains remarkably humble in regard to the success he’s realized, and the positive changes he’s been able to make. “It was unexpected, but I guess I did pretty well,” he says simply. n

» EDUCATION • Western State University College of Law, Fullerton, California; Juris Doctor, 1978; Phi Alpha Delta Legal Fraternity, Charter Member • California State University, Fullerton, California California State Teaching Credential, K-12, 1975 • California State University, Fullerton, California Bachelor of Science, Physical Education, 1974 • Chaffey College, Alta Loma, California; Associate of Arts, General Education 1972

» RECOGNITION • Best Lawyers in America, U.S. News & World Report • SuperLawyer, Los Angeles Times Magazine • Best Lawyers in Orange County, Orange County Register, Metro • Best Lawyers in Inland Empire, Inland Empire Magazine • Top 100 Trial Lawyers, National Lawyers of America • RCRSD, named One of America’s 30 Most Influential Law Firms

by Trial Lawyer Magazine • Southern California’s Top Rated Lawyers, American Law Magazine, published in LA Times • A-V Preeminent, One of the Preeminent lawyers in America, Martindale-Hubbell • Certified Specialist in Civil Trial Advocacy, Specialization by State Bar of California • Board Certification in Civil Trial Advocacy, National Board of Trial Advocacy • Master, Joseph B. Campbell INN’s of Court • Recognition for expertise in Bad Faith, Personal Injury & Product Liability Trials, Consumer Attorneys of California • California Judicial College, Attorney participant (1986)

» AWARDS • Trial Lawyer of the Year, 2014 Consumer Attorneys of California, Inland Empire Chapter; • John B. Surr Award, 2013, presented by the San Bernardino County Bar Association: Awarded to the Member of the Legal Community Who has Best Exemplified the High Standards of the Profession and the Administration of Justice • Top Gun, Trial Lawyer of the Year, 2013, Orange County Trial Lawyers Association • Trial Lawyer of the Year, 2013 nomination, Consumer Attorneys of Los Angeles

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Attorney Journal San Diego | Volume 137, 2015

21

Bringing A Bit of

HOLLYWOOD to San Diego

ALEX OZOLS’ CUTTING EDGE CRIMINAL DEFENSE BRAND IS BACKED BY RESULTS & REFERRALS; POWERED BY PASSION

by Jennifer Hadley

IN

the past year, a lot has changed for Alex Ozols, founder of Ozols Law Firm in San Diego. From a young attorney on the rise, fighting to carve a name for himself in the highly adversarial field of criminal defense, he’s quickly become a familiar face in the San Diego legal community and beyond.

Acting as the voice of defendants charged with everything from DUI to violent crimes, in addition to running a busy practice, Ozols quips “I’m an attorney and a business owner, and it’s been a lot of work.”

“It was sink or swim for me when I launched my practice.

I had about $10,000 and I had to launch and run my legal practice, thereby becoming a business owner. I told my wife I was going to spend every dime I had to make it happen, and she supported me wholeheartedly,” he adds.

MAKING HIS MARK, WITH MARKETING Ozols knew that advertising and marketing was going to be critical to earning his first clients, and he went all-out in making sure his name was out there. “Criminal defense is a 22

Attorney Journal San Diego | Volume 137, 2015

production in its own right. I needed to brand myself as the go-to criminal defense attorney immediately. I built a huge, strong online presence because my clients needed to be able to find me,” he says.

“Don’t get me wrong, I love to have a month’s head start on a case, but that doesn’t always happen in a criminal case. A lot of the time I’ll get a call and need to be in court the next day, or be meeting a client in jail, on the fly. Those are the people who needed me and they needed to be able to find me easily and quickly online,” Ozols says.

Indeed, for the young attorney, flexibility and an ability to think and act on his feet have been paramount to his success. “I work tirelessly. I’m in court daily, and I’m also responsible for growing my practice. To do that I have to let people know that I’m here to help them. How else are they going to know that I’m available, experienced and ready to fight for them?”

Continuing, Ozols says, “Beyond that, the legal field is changing, and the world of marketing is changing. I have to have a great internet presence. I have to make sure I’m doing something different. If I’m not ahead of the game, someone

JOURNAL

FEATURED CTITIONER NICHE PREAM O OF TH

NTH

© Bauman Photographers

2015

http://youtu.be/uBk_bqHLq6Y

else will be,” he says. To that end, one of Ozols’s latest and most successful marketing tactics has been the complete production of a Hollywood-type movie trailer, which as of press time had been seen by more than 30,000 people via his website, social media, and on YouTube.com.

“I wanted to make a high-quality, powerful video that captured the essence of who I am and what I do. I started seeking out directors, and was initially told there was no way to produce what I wanted for less than $50K,” he says. Not to be deterred, Ozols began thinking outside of the box. “I went to young directors in the Hollywood area who were established but who were really looking to do something that other people may have been afraid of. We hired actors, and I was even able to get my law school to allow me to shoot at their location, so I was able to create a really high-quality video on a more moderate budget. It’s all about being creative and innovative,” he says. The final result is impressive, to say the least. Reminiscent of a bona fide blockbuster movie trailer, the video (complete with helicopters and rooftop settings), which can be found on Ozols’s website and social media platforms, is scored, narrated, and produced with impeccable precision and quality.

Of course, Ozols only has so many hours in a day, so he’s also hired what he calls an “extremely effective and cutting edge” marketing team to ensure that his marketing efforts have a broad reach. “My marketing team really is second to none when it comes to fulfilling my ideas and vision.”

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Attorney Journal San Diego | Volume 137, 2015

BRANDING BACKED BY RESULTS Ozols is honest when he says that he’s come across attorneys who both “see themselves in me as a young attorney,” and those who have suggested that his marketing doesn’t take the place of experience. Ozols doesn’t disagree.

“My marketing efforts would be an utter waste of time if I didn’t have results to back them up, but I do. I have handled hundreds of cases, and my business is now almost entirely from referral.

Some of my earlier cases found me online, but they wouldn’t continue to refer their friends and family members to me if I didn’t do an exceptional job for them. In the last three weeks, I’ve gotten three new cases all by referral. I met an entire family at the jail this morning, as one of their young family members was in trouble. Recently in a single month on one case I had 27 felonies dismissed. All of my reviews, posted everywhere, are positive,” he says. “My marketing is top of the line, but it wouldn’t be worth anything if I didn’t fight with everything I have for my clients, and succeed in getting them great outcomes.”

With his seemingly endless energy, and the high-profile cases he’s beginning to take, Ozols has certainly caught the attention of the media, and been awarded for his success. In 2014, he was named to the National Trial Lawyers Association’s Top 40 Under 40 List. He was named to the San Diego Daily Transcript’s Top Young Outstanding Attorney List, and was a Semi Finalist for the publication’s Top Attorney List. He’s earned a 10.0 Superb rating from Avvo, and has been awarded their Clients Choice Award for

© Bauman Photographers

Watch Promotional Video Now. Click here: http://youtu.be/uBk_bqHLq6Y

© Bauman Photographers

Watch Promotional Video Now. Click here: http://youtu.be/uBk_bqHLq6Y

Criminal Defense. In addition, in 2015 Super Lawyers® named Ozols to its Rising Star list. His cases have put him in the media spotlight as well, and Ozols has appeared on CBS News, ABC News, KUSI News, and in the L.A. Times, and the San Diego UnionTribune, in conjunction with high-profile cases he has defended.

POWERED BY PASSION There is nothing ambiguous at all about why Ozols has done everything within his power to make sure that those faced with criminal charges can find his offer of help. “I have always wanted to defend people. I never ever want to see someone innocent go to jail. That’s honestly what it is about for me. I am a criminal defense attorney, a real trial attorney and I have a lot of experience. I will go to trial on anything, all I need are the facts and I am there. If anyone feels like they have been wronged by the system, if anyone feels like they need help or equal representation, then I am there for them and will do whatever it takes to help them,” he says.

When it comes to talking about the future, Ozols intends to continue doing what he is doing, as it is resulting in a growing practice and overwhelmingly grateful clients. “Everything I do is for my clients. Criminal defense is very much akin to a Hollywood production in some regards,” he says. “Criminal defense attorneys deal with every single problem in society and we see people when they are in the midst of the worst part of their lives. It really is a psychological roller coaster that shapes you when you deal with it on a daily basis. There is a reason

there are so many crime shows on television. It is fascinating and people want to know about it,” he adds.

There’s no denying that Ozols is definitely in charge of his own production. He’s spearheading the promotion of his practice.

And he’s confident about serving as the director for how the case will play out in the courtroom. He also happens to be playing a starring role in his cases, and he’s willing to do it all, including all of the behind the scenes work. He does all this while presenting powerful defenses for his clients, and steadfastly guaranteeing to be there for them, when they need him.

“My clients know I’m there for them, and I’m always available. I hear so often from clients that a previous attorney never returned their calls. Who are these attorneys? I don’t have the luxury of sitting around, not calling clients back. I have a law practice to run, which also happens to be a business. Its success is contingent upon my attention to my clients, my availability to them, my flexibility to meet them where they are at, when they need me, and the excellent results I deliver.” n Contact: Alex Ozols Ozols Law Firm www.TheSanDiegoCriminalLawyer.com alex@TheSanDiegoCriminalLawyer.com 619-288-8357 8880 Rio San Diego Dr. #800 San Diego, CA 92108 Attorney Journal San Diego | Volume 137, 2015

25

Major League Baseball’s post-season is a good prompt to take another look at your business development with an eye to making sure your efforts and investments are directed to solving the right problem. There are only two core causes of disappointing results: 1 Too few hits (low batting average) 2 Too few at-bats

Which of these constrains your practice growth more?

Low Batting Average?

Or Too Few At-Bats?

by Mike O’Horo Mike O’Horo is a serial innovator in the law business. His current venture, RainmakerVT, is the world’s first just-in-time interactive virtual rainmaking training that not only teaches lawyers how to earn high-value clients, but also enables them to gain far more practical experience in the virtual world than is available to them in the real world.

For 20 years, Mike 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

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Attorney Journal San Diego | Volume 137, 2015

Too few hits: If you meet with a lot of prospective clients, i.e., go on a lot of sales calls, and don’t have the results you want, you have a low batting average, i.e., you’re converting too low a percentage of these opportunities into paying clients. That’s the product of hearing “no” too often or not getting a decision at all. I’ll bet that it’s more of the latter. This means that you have a sales problem (vs. a marketing problem). The good news is that a sales problem is faster and simpler to solve.

Too many of the meetings lawyers go to are with people who are not legitimate prospects because 1 There’s no business problem or issue driving the conversation;

you’re just there to pitch your wares and beg for a share of the existing legal pie.

2 If there is a problem or issue, it has insufficient impact (strategic,

operational, economic, personal/emotional) to require those with a stake in it to have to make a decision about taking action. You don’t even hear “no,” because they don’t have to decide either way. That means that you never had a chance to succeed.

3 You’re selling to the wrong person. Not necessarily “meeting with

the wrong person,” but trying to sell to someone who doesn’t have the authority to decide. In such cases, you don’t try to sell; instead you cultivate that person as a guide to the other stakeholders who, individually or collectively, can and must decide Too Few At-Bats: This is the problem faced by the overwhelming percentage of lawyers I’ve worked with over the past 20-odd years.

When we first meet and I ask them about their pipeline, it’s usually empty, or populated with false opportunities. They average about a dozen legitimate sales opportunities per year. Most of their BD time is consumed with “relationship-building,” calls and meetings with contacts for whom they cannot identify a specific sales opportunity, but whom they continue to waste time cultivating in the vague hope that somehow, the resulting friendship will result in getting business. I call this “make lots of friends and hope for the best.”

“Make lots of friends and hope for the best.”

Far too many lawyers waste time hanging around the ABA or other organizations populated mostly by lawyers. When asked their expectations of such time commitment, few can offer a concrete answer. They just do it because so many of their forebears did it. It’s like an institutional habit. The ABA must be thrilled, getting all this free labor. But what do you really get out of it? Have you ever measured the time you spend on it, and compared it against how much business you’ve actually gotten as a result?

Recently, one lawyer and I did an analysis of how he spends his time. In many eyes, he’s accomplished exactly what many lawyers aspire to re: the ABA. Over the years, he’s earned his way to becoming a section head, and a committee chair. We did an analysis of time spent.

As section head, he prepares for, travels to, and attends quarterly meetings. He added it up and found a surprising 145 hours/year.

l

l

As committee chair, he estimated 3.5 hours/week. Doesn’t sound like much until you annualize it, which is 210 hours/year.

He didn’t realize that he spends a total of about 350 hours per year on his ABA roles.

Worse, while 150 of those hours occupy evenings and off-hours, the other 200 occur during regular business hours. So, at his billing rate, he’s donating about $140,000 worth of labor to the ABA each year. What has he gotten for all that? He doesn’t know, but assumes his elevated profile has translated into perhaps a handful of cases referred over time. However, at a typical law firm profit margin (33%), he has to generate $420,000 worth of revenue/year from that just to break even. (If he was getting that much business, he’d know it.)

This isn’t about the ABA, specifically. I only pick on them because so many lawyers waste time on them, but time investments in all organizations have to be categorized as either a) support for a worthwhile cause, which is psychic compensation; or b) business development. Don’t kid yourself that a) equals b), or assume b) to be a natural offshoot of a). Take a hard look at such habitual time-sinks and measure what you’re getting, and how much it’s costing you to get it.

IMO, all of the foregoing are caused by not having defined a specific problem to associate yourself with, which precludes defining a specific market segment in which to invest time and attention, which in turn guarantees that you’ll scatter your limited time and attention all over, with little meaningful impact.

The days of hanging around someplace and getting business are over. Now, you need a sharp focus and the discipline to sustain it. n Attorney Journal San Diego | Volume 137, 2015

27

McIntyre’s Civil Alert Organized Succinct Summaries

by Monty A. McIntyre, Esq. Monty A. McIntyre has over 29 years of experience as a mediator and arbitrator. More than 34 years of experience as a civil trial lawyer representing both plaintiffs and defendants in business and commercial, bad faith, brain injury, construction, land use/CEQA, medical malpractice, personal injury, real property and wrongful death cases. To schedule a meeting with Monty A. McIntyre contact Kelsey Hannah at ADR Services, Inc. at (619) 233-1323 or kelsey@adrservices.org

U.S. SUPREME COURT Civil Rights Johnson v. City of Shelby, Mississippi _ U.S. _ (2014): The U.S. Supreme Court reversed the summary judgment in a case by police officers alleging violation of their due process rights. No heightened pleading rule requires plaintiffs seeking damages for violations of constitutional rights to invoke 42 U.S.C. §1983 expressly in order to state a claim. (November 10, 2014.)

CALIFORNIA COURTS OF APPEAL Appeal Conservatorship of Townsend (2014) _ Cal.App.4th _ , 2014 WL 6406740: The Court of Appeal dismissed the appeal because it was not timely filed within 60 days, and the filing of a motion to vacate the judgment with the temporary judge, instead of with the clerk of the court as required by the Code of Civil Procedure and the Rules of Court, failed to extend the time for filing the appeal. (C.A. 2nd, November 17, 2014.)

Arbitration Garden Fresh Restaurant Corporation v. Superior Court (Moreno) (2014) _ Cal.App.4th _ , 2014 WL 6306143: The Court of Appeal granted a writ petition after the trial court granted a motion to compel arbitration but left it to the arbitrator to decide whether an individual or a class action would proceed in arbitration. Where an arbitration agreement is silent on the issue of whether class and/or representative arbitration is available, the court, not the arbitrator, should determine whether the agreement contemplates bilateral arbitration only, or whether the agreement also contemplates that class and/or representative claims may be pursued in the arbitration. (C.A. 4th, November 17, 2014.)

Willis v. Prime Healthcare Services, Inc. (2014) _ Cal.App.4th _ , 2014 WL 6065825: The Court of Appeal reversed the trial court’s denial of a motion to compel arbitration in a class action alleging Califoria Labor Code violations for failure to pay minimum wages, failure to pay all wages owed upon termination, and civil penalties for inaccurate wage statements.

The arbitration clause was in the individual agreement, not the collective bargaining agreement. The Court of Appeal 28

Attorney Journal San Diego | Volume 137, 2015

concluded the decision in J.I. Case Co. v. NLRB (1944) 321 U.S. 332 did not permit it to refuse to enforce the arbitration clause in the individual agreement which was subject to the Federal Arbitration Act. (C.A. 2nd, November 14, 2014.)

Attorney Fees David S. Karton Law Corporation v.

Dougherty (2014) _ Cal.App.4th _ , 2014 WL 6065707: The Court of Appeal reversed the trial court’s order awarding plaintiff $1,161,565 in attorney fees and $6,266.56 in costs as the prevailing party. The Court of Appeal found that because the arbitration panel and trial court both concluded that defendant had fully paid all fees owing to plaintiff, defendant was the prevailing party under Civil Code section 1717 and Code of Civil Procedure section 1032. (C.A. 2nd, November 14, 2014.)

Laffitte v. Robert Half International Inc. (2014) _ Cal.App.4th _ , 2014 WL 5470463: The Court of Appeal affirmed the class action settlement including attorney fees of approximately $6.3 million. The trial court’s method for calculating the attorney fees was proper, and the award was reasonable. Although the lodestar method is the primary method for calculating attorney fees, the percentage approach may be proper where there is a common fund. (C.A. 2nd, Filed October 29, 2014, published November 21, 2014.)

Mountain Air Enterprises, LLC v. Sundowner Towers, LLC (2014) _ Cal.App.4th _ , 2014 WL 6488418: The Court of Appeal affirmed in part and reversed in part the trial court’s rulings denying attorney fees to the prevailing defendants. The trial court properly denied defendants’ attorney fees under the repurchase contract but improperly denied fees under the later option agreement. Because both parties shared in drafting the illegal repurchase agreement, the parties were in pari delicto, the repurchase agreement was entirely void and unenforceable, and the trial court properly denied defendants’ motion to enforce the attorney fee clause in that agreement. However, defendants’ successful novation defense entitled them to attorney fees as provided for in the later option agreement. (C.A. 1st, November 20, 2014.)

Civil Procedure (Anti-SLAPP) Squires v. City of

Eureka (2014) _ Cal.App.4th _ , 2014 WL 6066117: The Court of Appeal affirmed the trial court’s orders granting an AntiSLAPP motion against plaintiffs’ complaint alleging multiple causes of action against the City. Plaintiffs’ causes of action arose

from protected activity, and plaintiffs failed to demonstrate a probability of prevailing on the merits. (C.A. 1st, filed October 17, 2014, published November 14, 2014.) re Walgreen Company Overtime Cases (2014) _ Cal. App.4th _ , 2014 WL 5863193: The Court of Appeal affirmed the trial court’s denial of a class certification motion in a meal break case. Because the trial court applied the proper criteria and analysis to analyze the motion, the deferential abuse of discretion standard of review applied. Plaintiff’s motion was properly denied because plaintiff’s proffered proof in the form of expert opinion, emails and declarations was inadequate. (C.A. 2nd, filed October 23, 2014, published November 13, 2014.)

Martinez v. Joe’s Crab Shack Holdings (2014) _ Cal.App.4th _ , 2014 WL 5804110: The Court of Appeal reversed the trial court’s denial of class certification after considering the recent decision of Duran v. U.S. Bank National Assn. (2014) 59 Cal.4th 1, 28 (Duran). Based upon the decisions in Brinker Restaurant Corp. v. Superior Court (2012) 53 Cal.4th 1004, Ayala v. Antelope Valley Newspapers, Inc. (2014) 59 Cal.4th 522, 531, and Duran, classwide relief remains the preferred method of resolving wage and hour claims, even those in which the facts appear to present difficult issues of proof. By refocusing its analysis on the policies and practices of the employer and the effect those policies and practices have on the putative class, as well as narrowing the class if appropriate, the Court of Appeal concluded that the trial court might find class analysis a more efficient and effective means of resolving plaintiffs’ overtime claim.

(C.A. 2nd, November 10, 2014.)

carrier paid $250,000 to settle the claim.

The drunk driver had consumed alcohol during her work before the accident. The Court of Appeal found the Geico policy unambiguously allowed Geico to deduct from the underinsured motorist coverage limits “the amount paid to the insured by or for any person or organization that may be held legally liable for the injury.” Geico owed nothing after it properly deducted the $265,000 in settlement payments from the underinsured motorist coverage limits.

(C.A. 3rd, November 19, 2014.)

Graciano v. Mercury General Corporation (2014) _ Cal.App.4th _ , 2014 WL 5860297: The Court of Appeal reversed a judgment for plaintiff for bad faith denial of a policy limit settlement demand, and directed the trial court to instead enter judgment in favor of defendants. Eleven days after the accident plaintiff’s attorney sent a policy limit demand letter to the carrier with a ten-day time limit. The letter identified the incorrect driver of the car.

The carrier initially determined the driver identified by counsel did not have coverage.

However, on the tenth day after the demand letter, the carrier confirmed another insured person was the driver, they had $50,000 of coverage, and approved a policy limit settlement offer. The adjuster was not able to get plaintiff’s counsel on the phone that day to orally convey the offer, was not able to fax the offer to counsel because counsel had turned off her fax machine, and mailed the policy limit offer to counsel. The Court of Appeal concluded there was no evidence to support the verdict that the carrier acted in bad faith by unreasonably failing to settle the claim. (C.A. 4th, filed October 17, 2014, published November 12, 2014.)

Insurance (Bad Faith, Underinsured Motorist) Elliott

Torts Scott v. C. R. Bard, Inc. (2014) _

Class

Action In

v. Geico Indemnity Company (2014) _ Cal. App.4th _ , 2014 WL 6466952: The Court of Appeal affirmed the trial court’s summary judgment in favor of Geico in a wrongful death action because plaintiff recovered more than Geico’s $100,000 underinsured policy limit. Plaintiff’s husband was killed when his motorcycle was struck by a drunk driver returning home from her job at a restaurant and bar. The driver’s carrier paid $15,000, and the bar and restaurant’s

Cal.App.4th _ , 2014 WL 6475366: The Court of Appeal affirmed the judgment for plaintiff for defendant’s negligence in manufacturing and selling polypropylene mesh kits to treat women with pelvic organ prolapse. The Court of Appeal concluded that the trial court properly gave three jury instructions on negligence regarding negligent design, the basic standard of care, and the standard of care for a product designer. (C.A. 5th, November 19, 2014.) n Attorney Journal San Diego | Volume 137, 2015

29

Legal Marketing Lessons from a Marketing Consultant

by Paula Black Drawing on over twenty years’ experience in branding and positioning, Paula Black has advised law firms around the globe on everything from powerful and innovative design to marketing strategy and business growth. She is the award-winning author of “The Little Black Book on Law Firm Branding & Positioning,” “The Little Black Book on Law Firm Marketing and Business Development,” and “The Little Black Book: A Lawyer’s Guide To Creating A Marketing Habit in 21 Days,” as well as founder and President of Miami-based Paula Black & Associates. For more information visit http://www. paulablacklegalmarketing.com. Article Source: http://EzineArticles.com/4181175

15 years of working with both individual lawyers and firms, I’ve come to realize that not all marketing strategies were made for everyone. For some, creative is the route to follow, while others fare better when focusing on the basics. Taking into account time, experience and marketing goals, I personalize every marketing plan I work on, but sometimes things don’t go as expected.

Here I present five lessons I’ve learned when it comes to legal marketing...

AFTER

Not everyone needs a tagline.

You’ve got to have buy-in support.

Think outside the box.

While it’s often tempting to create elaborate marketing strategy, the key to making it work is commitment and buy-in. Years ago my team and I conceptualized an incredible strategy for a mid-sized firm to cater to its varied industry clients—they loved it. Yet, from the beginning the concept was not explained and carried through the organization, and as we delved deeper and deeper into creating the brochure, website and materials, the concept became more and more complicated and the communication began to break down. What was, at first, an innovative concept turned into a nightmare for both myself and the client. The lesson: no matter how exciting the idea, without the support of the entire firm it’s destined to fail.

I’m a big proponent of the firm tagline. In fact, I often spend a considerable amount of time working with clients to develop and perfect a strong, powerful statement that can sum up their firm vision and personality. But the truth is... not everyone needs a tagline. One of my clients has a very specific practice area, and after rounds and rounds of tagline options we finally came to a clear conclusion: rather than a marketing statement, his firm would benefit more from a descriptive statement, making clear to potential clients and referrals just what it is he concentrates on.

Once we solidified that...everything else fell into place.

Sometimes the creative can go hand-in-hand with marketing strategy. A few years ago I was faced with clients who, though partners, focused on very different clients and practice industries—corporate and criminal defense. After a few rounds of creative we realized that what they needed (but couldn’t have) were two separate websites. So we created those within one overall firm branding. Though all the colors, fonts and branding stayed the same, we were able to create two very separate sections of information to appeal to two very separate groups of clients.

By making clients choose which area they wanted to learn more about from the very first entry page, we were able to keep the firm branding unified but speak directly to each attorney’s audience.

Know when to back down.

Not every attorney has to do everything.

This is a lesson I continue to learn on a daily basis. Whether it’s compromising on a firm name (something I’ve done many times) to meeting attorneys halfway on marketing strategy, it’s the age-old wisdom of picking your battles. The truth is, no matter how much experience in marketing, branding and positioning I bring to the table, the end result has to come from the attorney or firm themselves. They’re the ones who know what clients they want and how they want to present themselves to the public. I can give my advice, impart my experience and expertise and plead, beg and usher them into what I see for their future...but the real decision has to come from them.

The lesson here: Play to your strengths! I’ve learned to identify early the skilled writers and set them up as bloggers; recognize the networkers and help them target industry organizations; and cultivate the large personalities into prolific speakers. It’s all about understanding where their talents—and comfort zones—lie.

Overall, the lessons I’ve learned are applicable to almost any profession, but they’re solid ideas to consider when approaching your own legal marketing. Whether it’s being open to a new way of speaking to clients to making marketing and business development fall into YOUR comfort zone, the key is to pay attention and focus...and never get frustrated. There is always a solution. n

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Attorney Journal San Diego | Volume 137, 2015

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