Attorney Journals, San Diego, Volume 191

SAN DIEGO

Volume 191, 2019 $6.95

Alignment, the Key to Higher Productivity

Eric R. Fletcher Overcome Content Paralysis and Get the Attention You Deserve

Stefanie Marrone Law Firms Can Do Better with Their Mentoring Programs

Kate Reder Sheikh

The Relationship Between Lawyers and Marketers in Driving Business Development

Timothy B. Corcoran Make Yourself Scarce and You’ll Attract More Clients

Trey Ryder

California Case Summaries

Monty A. McIntyre

Attorney of the Month

Andy Van Le Connecting with Clients

Andy Van Le & Associates, PC, San Diego

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2019 EDITION—NO.191

TABLE OF CONTENTS 6 The Relationship Between Lawyers and Marketers in Driving Business Development

by Timothy B. Corcoran

8 Alignment, the Key to Higher Productivity

by Eric R. Fletcher

EXECUTIVE PUBLISHER Brian Topor

12 Community News

EDITOR Wendy Price

14 Make Yourself Scarce and You’ll Attract More Clients

CREATIVE SERVICES Penn Creative

by Trey Ryder

CIRCULATION Angela Watson

ATTORNEY OF THE MONTH

PHOTOGRAPHY Chris Griffiths STAFF WRITERS Dan Baldwin Jennifer Hadley CONTRIBUTING EDITORIALISTS Eric R. Fletcher Timothy B. Corcoran Stefanie Marrone Trey Ryder Kate Reder Sheikh Monty A. McIntyre WEBMASTER Mariusz Opalka ADVERTISING INQUIRIES Info@AttorneyJournal.us SUBMIT AN ARTICLE Editorial@AttorneyJournal.us OFFICE 30211 Avenida De Las Banderas Suite 200 Rancho Santa Margarita, CA 92688 www.AttorneyJournal.us ADDRESS CHANGES Address corrections can be made via fax, email or postal mail.

6

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16 Andy Van Le of Andy Van Le & Associates, PC Connecting with Clients

by Dan Baldwin

22 Overcome Content Paralysis and Get the Attention You Deserve

by Stefanie Marrone

24 California Case Summaries

by Monty A. McIntyre

28 Law Firms Can Do Better with Their Mentoring Programs

by Kate Reder Sheikh

28

Editorial material appears in Attorney Journals as an informational service for readers. Article contents are the opinions of the authors and not necessarily those of Attorney Journals.

Attorney Journals makes every effort to publish credible, responsible advertisements. Inclusion of product advertisements or announcements does not imply endorsement.

Attorney Journals is a trademark of Sticky Media, LLC. Not affiliated with any other trade publication or association. Copyright 2019 by Sticky Media, LLC. All rights reserved. Contents may not be reproduced without written permission from Sticky Media, LLC. Printed in the USA

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The Relationship Between Lawyers and Marketers in Driving Business Development

by Timothy B. Corcoran

I

was invited to join Guy Alvarez on the Good2BSocial podcast to discuss the evolving role of law firm marketers in the modern law firm. We cover a wide range of issues, from defining (or redefining) marketing and how it differs from business development; techniques to measure ROI; the role of executive committees and partners in establishing (or thwarting!) an effective strategic marketing plan; how to translate strategic goals into discrete marketing tactics; and much more! Here are some takeaways from the podcast compiled by Guy’s team.

Legal Marketers as Strategic Partners Often, lawyers don’t recognize the different skill sets that are needed in various marketing jobs, whether it be communications or web design, which can lead to law firms hiring the wrong people for marketing.

However, law firms are evolving and there are more and more marketers beginning to fill strategic roles. With that said, there is still a long way to go before legal marketing is fully sophisticated and strategic. Some firms still resist marketing feedback, but many are eager to understand where they can make improvements and how they can innovate.

Is Law Firm Marketing Effective?

There are some fantastic law firm marketing efforts and then there are some that are ineffective. Sometimes unsuccessful marketing is due to firm partners making poor decisions. Currently there are some efforts underway to measure the ROI of individual tactics.

Particularly with digital marketing there are built-in ways to measure campaigns and analyze the numbers of people reached.

However, it’s still not fully effective.

Marketing ROI is a relative measure. ROI is a measure of how to best utilize effort and money in order to accomplish the goals you prioritize within your organization. Just because your firm has a positive ROI doesn’t mean that you have an effective approach.

Before implementing a marketing campaign, it’s crucial to assess all options and develop a strategic plan. Within a law firm you must make choices between where to invest time because not all areas deserve equal attention.

The Difference Between Marketing and Business Development Marketing is about creating awareness and visibility to generate leads and create opportunities. Business development, on the 6

Attorney Journals San Diego | Volume 191, 2019

other hand, is the effort to convert those opportunities into paid engagement. Marketing should be delegated exclusively to professional marketers whereas lawyers can take the lead on business development.

Encouraging Lawyers to Engage in Business Development You can’t expect lawyers to be experts in how to convert every lead into a sale. Rather, have practice group leaders focus on what generates revenue, what gives the firm competitive differentiation, and what leads to relationships. Business development starts with understanding what drives the law firm today and deciding to do more of that. Successful business development is measured, and goals are set in order to continuously improve. Done well, the science of business development allows us to look at how we do things, what we’re trying to accomplish, and determine the best people to accomplish each task.

Marketers have the power to produce the metrics and the framework for strategies that can help lawyers understand the value of strategic marketing. Partners then must recognize where spending may be inefficient and allow professional marketers to make big decisions.

How can marketing leaders justify the need for additional marketers?

The way to increase the capacity of most marketing departments is not to increase the headcount, but to eliminate the things that have no impact. It’s wasteful to continue throwing resources at practice areas and professionals that have no meaningful impact on the firm’s ability to generate leads.

Legal marketing is getting more complicated. There are two sides to marketing—the creative side and the analytical side— and in a law firm it’s important to have resources and experts in both in order to take legal marketing to the next level. n Timothy B. Corcoran is a keynote speaker, consultant, author, and legal commentator. With deep experience spanning two decades as a corporate executive, he guides law firm and law department leaders through the profitable disruption of outdated business models. Tim is Trustee of the College of Law Practice Management and a former President and member of the Legal Marketing Association Hall of Fame.

Tim also authors the widely read Corcoran’s Business of Law blog.

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Alignment, the Key to Higher Productivity

by Eric R. Fletcher

F

or every firm wrestling with direction, under performance, growth, market position, diversity and inclusion, compensation systems, how to address succession planning … and the list goes on … there is good news.

The shortest distance between today’s challenges and meaningful progress could be as close as organizational alignment.

The downside is that institutional alignment is often the last thing anyone focuses on. When the day-in-day-out realities of running a firm already demand more time than is available, “soft” discussions around aligning work with purpose, mission and vision become low on the priority list. These conversations have little to do with the actual practice of your profession.

What’s more, experience suggests that time spent here rarely produces any immediate results.

Research Begs to Differ To accept this position is to ignore volumes of organizational development research and case studies over the past twentyplus years underscoring the fact that institutional alignment is a critical component in highly functioning organizations.

Data repeatedly indicates that purpose, direction, mission, and

Nature of Practice

vision are inexorably linked to high productivity, stability, and yes, increased profitability.

In The Aligned Organization, an article for McKinsey & Co., Thierry Nautin suggests: “Achieving real alignment, where strategy, goals, and meaningful purpose reinforce one another, gives an organization a major advantage because it has a clearer sense of what to do at any given time, and it can trust people to move in the right direction. The result is an organization that can focus less on deciding what to do—and more on simply doing.”

Less Time Deciding (Translation: Less Time in Meetings) This alone should be reason to reassess, and at least test the waters of alignment. I have yet to visit with a law firm leadership group whose goal is to spend more time in meetings.

Nautin contends that in the aligned organization, decision making is streamlined because decision making parameters are known and understood.

Put another way, in the aligned firm there exists a set of core

The Aligned Firm

Nature of Platform Compensation System

Legal Advice & Counsel

PARTNERSHIP’S GUIDING PRINCIPLES

VISION FOR FUTURE OF THE PARTNERSHIP

ALIGNED AND STRATEGIC EXECUTION

Growth & Expansion

Governance & Succession

Visibility and Communication

Work-Life Equation

Training and Prof. Development

Fig. 1—The Aligned Firm 8

Administrative & Operational

Attorney Journals San Diego | Volume 191, 2019

values and guiding principles. These “knowns” provide the basis for a clear vision for what the firm aspires to become.

• Should we open a new office?

• Is a merger the way to go?

• What about lateral pursuits—what should the model look like?

• What should our policy be on pro bono involvement?

• Does our comp system need an overhaul?

Name the question. The place where efficient decisionmaking begins is in the context of alignment. Which decision and what direction are aligned with core values, guiding principles and firm vision?

More Time Doing If you’re prepared to invest time on alignment with the goal being a more agile, productive and profitable organization, where do you begin?

There are at least five areas where the identification of guiding principles will serve to create an aligned firm. These areas are: (1) Nature of the Practice; (2) Nature of the Platform; (3) Compensation System; (4) Governance and Succession; and (5) Work/Life Issues.

The uniqueness of some partnerships may call for a greater focus in one or two additional areas; but the firm that is willing to have the (often difficult) conversations around the identification of vision and guiding principles in these five areas is well on its way to being able to articulate much more than a generic website mission statement.

The payoff to an aligned vision is that it provides a framework for strategic execution. It is in this framework that every functional area of a firm realizes its practical connection to the firm’s vision. In this environment silos can be broken down, new leverage realized, and every member of the organization owns a clear connection to the firm’s purpose and future pursuits.

Figure 1 above offers a graphic presentation of the Aligned Firm. In our next post we’ll begin to dive deeper, with a discussion of some of the factors that impact the identification of Guiding Principles. n Eric R. Fletcher advises professional service providers on strategic planning, growth, and leadership. He brings more than 30 years of experience designing and implementing communication, marketing, sales and growth initiatives to high-consequence-change markets.

Eric is a blogger on marketing, business development and leadership, a forbes.com contributor, an author, a TED Talks presenter, and keynote speaker.

Attorney Journals San Diego | Volume 191, 2019

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COMMUNITY news ■ The Law Offices of Sarah T. Schaffer, APC are pleased to announce that Yijin Jennifer Lee has joined the firm as an associate. Lee handles all areas of family law including child custody and visitation, child support, spousal support, and property division. Lee graduated from University of San Diego School of Law in 2014. She speaks Mandarin Chinese fluently, and is YIJIN JENNIFER LEE an active member of the San Diego County Bar Association (SDCBA), San Diego Family Law Bar Association (SDFLBA), and Pan Asian Lawyers of San Diego (PALSD), where she currently serves on the Board of Directors. The Law Offices of Sarah T. Schaffer is a full-service Mediation, Divorce, and Family Law firm dedicated to delivering practical & effective results to clients.

■ Dinsmore & Shohl LLP has welcomed Christopher Lyon, a new commercial litigation partner, in its San Diego location.

He rounds out the office’s strong team of litigation attorneys and is the firm’s third litigation partner in the city. Lyon has specialized in defense of insurance companies in personal injury cases, which he predominantly worked on for the last 10 CHRISTOPHER LYON years as house counsel for a major Fortune 100 company. At Dinsmore, he’ll lead a team of attorneys working on product liability and breach of warranty claims. “It’s exciting to add a trial lawyer like Chris to our growing San Diego office,” said office managing partner and board member Joe Leventhal. “Chris adds significant skills to our bench of trial lawyers.” While representing the Fortune 100 company, Lyon took hundreds of depositions and tried many cases to successful verdicts.

■ Fish & Richardson principal Megan Chacon, of the firm’s Southern California office in San Diego, has been named a recipient of the 2019 “Women Worth Watching” award by Profiles in Diversity Journal. Fish principals Christina BrownMarshall, Ph.D., Betty Chen, and Christina McDonough also received the award. The Fish attorneys were singled out for “leading MEGAN CHACON the way to excellence in the workplace, marketplace and the world” and for helping “develop the next generation of women leaders.”

Chacon focuses her practice on complex patent litigation across a range of technologies. She has extensive experience in the life sciences and pharmaceutical industries and has had significant roles in various high-stakes litigation matters. She was selected for the Leadership Council on Legal Diversity’s 2019 Fellows Program, which trains and advances the next generation of legal industry leaders.

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Attorney Journals San Diego | Volume 191, 2019

■ Solomon Ward Seidenwurm & Smith, LLP announced that Stephen L. Schreiner will take the reins as managing partner of the firm, effective July 1, 2019.

Schreiner has more than 35 years of legal experience and over 14 years with Solomon Ward, serving as general counsel and the firm’s STEPHEN L. SCHREINER chief ethics officer. He represents clients in complex business, commercial and real estate litigation. He has extensive experience as lead attorney in numerous state and federal court judge and jury trials, arbitrations and appeals.

Schreiner is also experienced in California gaming law and represents gambling establishments before a variety of administrative tribunals and governmental regulatory agencies, including the California Gambling Control Commission. “I am honored and humbled to step into the role of managing partner at a firm that has been pivotal in the success of my career,” said Schreiner. “It’s a privilege to be trusted by my fellow partners to help bring Solomon Ward into the future, and I look forward to continuing the success the many managing partners before me have forged.”

■ Crosbie Gliner Schiffman Southard & Swanson LLP (CGS3), a San Diego-based commercial real estate law firm, announced today it has elected Joseph von Meier as its newest partner. Von Meier joined CGS3 in 2017 as senior counsel and will continue to work from the firm’s JOSEPH VON MEIER San Diego offices. Specializing in commercial real estate law with an emphasis on development and construction-related transactional matters, von Meier represents clients from across the country—concentrating his practice on highprofile, complex real estate transactions with a focus on student housing, multifamily, luxury residential and retail development and construction. “We are more than thrilled to elect Joe into our partnership,” said Sean Southard, CGS3 partner. “Throughout his tenure with us as senior counsel, he has proven his commitment to our firm and our clients by delivering an outstanding client experience and developing solutions that make economic and business sense to all parties involved.

■ Fatima Brizuela has joined San Diego-based plaintiff’s firm Hartley LLP. In her practice, Brizuela focuses on antitrust, unfair competition, and consumer protection litigation, specializing in complex class action matters involving pricefixing, illegal tying, and unlawful FATIMA BRIZUELA monopolization. She has represented classes of individuals and businesses harmed by anticompetitive conduct from initial pre-suit evaluation of claims all the way through to class certification and final approval of final settlements. “Fatima’s work is at a level far beyond her years of experience,” said Jason Hartley, Founder of Hartley LLP. “She is a welcome addition to the firm and her contributions have already had a positive impact on the office.”

■ Tyson & Mendes LLP was recently recognized

by Law360 as one of the “Best Law Firms for Female Attorneys.” The national legal publication ranked the civil defense firm headquartered in San Diego as #12 in the “50-149 Lawyers” category.

About 50% of Tyson & Mendes’ 140-plus attorneys are female, greatly outpacing the 36% national average as reported by Law360. In addition, roughly 80% of Tyson & Mendes’ non-attorney staff are women, resulting in about 63% of the firm’s overall employees being female. The firm’s commitment in this area is further demonstrated by its Women’s Initiative, which aims to provide the firm’s female attorneys and clients with mentoring and business development opportunities. Tyson & Mendes hosts events to address women’s issues in both the legal and insurance industries, and the gatherings have resulted in meaningful relationships being formed inside and outside the firm.

■ The California construction industry law firm of Finch, Thornton & Baird, LLP is proud to announce that it has been named to the list of Top 50 Construction Law Firms®

by Construction Executive (CE), an Associated Builders and Contractors (ABC) publication. With 100 percent of the firm’s attorneys working across eleven construction law sub-practice areas, Finch, Thornton & Baird is the largest of only two California construction law firms to be accorded this recognition. The firm is ranked #15 among the Top 50 Construction Law Firms® listed across the United States. In determining its inaugural list of Top 50 Construction Law Firms®, Construction Executive reached out to hundreds of law firms throughout the United States with a dedicated construction practice to find out who the leaders are, and what legal issues are keeping them busy.

FINCH, THORTON & BAIRD, LLP

■ The law firm of Wilson Getty LLP is pleased to announce that Colin M. Harrison has been elevated to partner and also has been elected as President of the San Diego Defense Lawyers Association. Mr. Harrison’s practice focuses on the defense of the long-term care industry, both residential care facilities for the elderly and skilled nursing facilities. Colin has litigated, tried and participated in cases COLIN M. HARRISON involving allegations of elder abuse and medical injuries to dependent adults. His practice also includes defending clients in general liability matters, including wrongful termination and personal injury claims. Colin is a board member and chair for the Long-term Care Litigation committee of the Association of Southern California Defense Counsel, and a prime member of the Association of Defense Trial Attorneys.

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Attorney Journals San Diego | Volume 191, 2019

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Make Yourself Scarce and You’ll Attract More Clients

by Trey Ryder

E

very night around 9 p.m., I go outside to feed our two horses a couple pounds of carrots. The purpose is to make sure they’re eating normally and feel well before we turn in for the night. (If they don’t want a carrot, that’s a sure sign something’s wrong.)

Gracie, our little-ol’-grandmother golden retriever, lines up for her carrots, too. Gracie has never missed a meal, bone, carrot, lizard—or opportunity of any kind.

On the other hand, Molly—our small American Eskimo Dog—doesn’t care much about carrots. You can offer her one and she might take it—or leave it.

But, if Molly’s in the yard near the horses at carrot time, she lines up for her carrots as quickly as Gracie. When competing against two horses and another dog, Molly sees carrots as a scarce and valuable commodity.

That’s the scarcity principle. It says people (and apparently dogs) value opportunities they perceive as scarce. And as the opportunities grow even more scarce, people perceive them as even more valuable.

I’ve written about Robert Cialdini’s principles of influence many times. Bob is a social psychologist and professor at Arizona State University in Tempe. A few years ago—actually 48 years ago—I was one of his students.

If you are not familiar with Bob’s six principles of influence and how they affect the subconscious mind, I encourage you to read his materials. (To see his offerings, go to a bookseller website and search for Cialdini’s book Influence, originally published by William Morrow in 1984.)

We see scarcity in marketing every day. In some cases, the scarcity is real, such as when moviegoers line up around the block for a limited number of tickets to the opening of a muchanticipated movie.

In other cases, the scarcity is manufactured, such as when Walt Disney offers a classic movie, like Bambi, recommending that you buy it now because the movie is going “into the vault” and

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Attorney Journals San Diego | Volume 191, 2019

won’t be available again for ten years. (Or until next year, when they want to increase sales.)

When you walk into a convenience store, you may see only a single candy bar left in a display box near the cash register.

Often, the customer who sees only one left will grab it because it’s the last one. After the customer leaves, the clerk reaches under the counter and puts one more candy bar in the box, creating the appearance of scarcity.

For lawyers, the scarcity principle says, the more time you have available in your schedule, the less prospects and clients value your services. But as you grow busier and have less time available, prospects and clients will see your services as increasingly more valuable.

The scarcity principle goes further, too, because as you and your services grow more scarce, people use your availability as a shortcut cue to their quality. They draw two conclusions: The busier you are, the more valuable you are. And the busier you are, the higher the quality of your services and skills.

Scarcity is an even stronger motivator when two things occur: (1) when the opportunity has only recently become scarce, and (2) when we compete with others for the scarce commodity (recalling Molly and her carrots).

Another one of my college professors used the scarcity principle to sell his old cars. First, he advertised the car in the classifieds for a specific price “or best offer.”

When his phone started to ring, he made appointments with people who wanted to see it. To gain the most from scarcity, the professor scheduled appointments five minutes apart. The first buyer arrived and the professor spoke with him for a few minutes. Then the second arrived. And then the third.

Immediately, prospects saw they were competing for the opportunity to buy the car. This made the car more valuable in their eyes. Then the professor conducted a mini-auction among the three buyers, often finding the best offer was higher than his asking price.

Here’s the key: When you inject scarcity into your prospects’ decision to hire you, prospects feel they need to act quickly, before they lose the opportunity.

7. Explain that your client roster is nearly full, but that you can make room for one more client based on your current caseload.

Here are ways you might profit from scarcity when talking with prospects and clients:

And so on.

1. Explain that your prospect will lose the opportunity to file suit because the statute of limitations will bar his claim.

2.

Explain that your prospect may lose the opportunity because of a pending change in the law.

3. Explain that your prospect may lose the opportunity to buy (anything) at the current price because of an imminent price increase.

4. Explain that your prospect is competing for this opportunity with other people or companies—and that if he doesn’t act quickly, someone else may seize the opportunity, leaving him with nothing.

5. Explain that your prospect has a limited time to act or the other party will withdraw the offer.

When relating to your services: 6. Explain that your appointment calendar is tight, but that you can meet with a prospective client at a particular time and date.

If anyone asks whether you’re busy, don’t say, “Well, I’m killing time waiting for clients to walk in the door.” People will immediately conclude that your services aren’t worth much.

Instead, you might say, “I’ve never been busier.” Or, “I have so many clients, I’m starting to work nights,”—unless you own the firm. Then working nights is nothing new.

In summary, explain how a commodity or service is scarce— and why it’s important that your prospect act now. When possible, point out that only recently has the opportunity become scarce—and that your prospect is competing head-tohead with others for the same opportunity.

Often, scarcity will provide the urgency your prospect needs to hire you or take the action you recommend. n Trey Ryder shares his marketing method with lawyers through a wide range of publications. In addition, he writes and publishes his free e-zine, The Ryder Method™ of Education-Based Marketing. And he maintains the Lawyer Marketing Advisor at www.treyryder.com. He can be reached at: trey@treyryder.com

Attorney Journals San Diego | Volume 191, 2019

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CONNECTING CLIENTS with

SUCCESSFUL ADVOCATION FOR REAL PEOPLE, WITH REAL PROBLEMS BEGINS WITH HUMAN LEVEL CONNECTION “What may work for other firms is not necessarily what works for us. We do not follow trends but do our own thing and we take that philosophy to each case and in the operation of our own office,” says Andy Van Le, founder of Andy Van Le & Associates, PC. Le takes pride in not copying other attorneys or the approaches other attorneys take. It’s not because those approaches are necessarily wrong, but that he and his staff prefer to treat each case and each client as individuals with individual challenges, which may not be best addressed automatically by what has been done before. “We work on the cases differently. We listen to our clients. We make sure they are taken care of first and foremost. We don’t follow other people’s paths to success. I’ve always done it my way,” Le says.

A Kitchen Magician Nowhere is that leadership and innovation more visible than when a client first steps into the offices and sees—a kitchen.

Their expectations of a standard wood-paneled office waiting room with a receptionist and doors leading to other offices and conference rooms are shattered by the sight of a professionally designed, white marble kitchen. The appearance is more like what one would expect from a high-end hotel or a design studio than a law office.

The message given is obvious: this is not your typical law firm.

Le says, “While many people have voiced that I’ve ‘wasted’ 40 percent of the office space, because it could have been used for additional offices or work space, but to me the kitchen is the soul of every home and what better way to greet clients than to let them see our soul/kitchen. It has worked, as clients are more at ease and feel like they are not only clients but part of a family when they sign up with our firm/family.”

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Attorney Journals San Diego | Volume 191, 2019

© Bauman Photographers

JOURNALS

ATTORNEY

OF THE MONTH

2019

The firm’s clients come from all walks of life, nationalities, gender but all have one thing in common: they are in some way hurt and need legal help. Often that help leads to more than just legal advice and representation. “Clients often have only us to listen to their concerns, which can be anything from family matters, finances to just being lonely. Nonetheless, we are there for our clients. Because at the end of the day, our clients trust us enough to hire us, and listening to our clients’ every concern is the least we can do and the best way to know each and every one of our clients on a human level.”

Le opened his firm in 2006. Today he employs three attorneys and 15 non-attorney staff. They offer legal counsel in English, Spanish and Vietnamese.

Turning the Worst Moments into the Best of Times Le began his legal career as an insurance defense counsel which, although providing the experience, was not a good fit for his personality. To him, the defense lacked personal contact with a real client and was instead enriching insurance companies and large corporations. This was not for him, as he thrives on helping real people and their real problems.

He was soon sick of doing defense, especially in not being able to see the big picture. It was to him always piecemeal work.

A radical change of thought occurred when he made the switch to doing plaintiff work.

“That was my ‘ah-ha’ moment. I thought, ‘This is much better!’ Instead of working with businesses you are working with real people and you are seeing for the first time the expressions on their faces when they’re feeling happy, when they’re sad, and you’re a direct result of your feelings. In plaintiff work you are basically it. You are the show from start to finish. You’d better know your client well.”

At Home in the Work Environment “It may sound odd, but my philosophy has always been to create an environment where employees feel at home and don’t want to leave,” Le says.

In addition to the designer kitchen, the office has a gym, a racquet ball court and comfortable amenities and office furnishings.

As the managing attorney, his duties are to watch over all the clients’ files including pre-litigation and litigation files, be the rainmaker and human resource officer. There is no end to the work, but he tries to hire the best and let his people handle cases without too much micromanagement. “I do insist on daily updates and reports from each employee from our file clerk to our most senior attorney. In the end, most people enjoy working at our office and Andy keeps in contact with almost every past employee to just check in with them to see how each is doing as they grow in their own way,” he says.

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Attorney Journals San Diego | Volume 191, 2019

Touching Clients on a Human Level Le’s favorite quote is “God has given you a great gift—your life.

What will you do with it?” To me this is a powerful statement, it reminds me to always try to better myself each day whether it as a better attorney, husband, father or just a better person.”

Le believes that today’s successful attorney must be more than just an advocate or legal advisor. His job description sometimes includes being a parent, a psychiatrist, a friend, and an advisor in many aspects of a client’s life. He tries to genuinely express as much empathy as possible, to sit back and invest the time to really listen, think and process and then come up with the best solution to their problem.

Le says, “Most attorneys can regurgitate the law, but successful attorneys are problem solvers that can relate to clients on a human level. That’s what today’s clients want and expect out of the attorney they hire.”

This approach has led to being one of the busiest offices in terms of volume. However, the firm never forgets to make time

© Bauman Photographers

Team Members at the Law Offices of Andy Van Le & Associates.

for each client. It is a must to get to know each of our clients not only about their case but about them as a person.

The human connection is something he says the insurance companies his firm faces just don’t understand. Seeing only numbers instead of people doesn’t help their case and is in fact a trap they often fall into, Le says.

Working with people on an involved, personal level leads to success where other firms might achieve failure or less than desirable terms. Le cites a case taken over from a bigger firm in which it appeared that individual attention was never really given to the client. A large national firm was handling a plane crash case, but the clients were unhappy with the attention they received. Le’s firm took over and discovered that the previous firm had failed to name two additional plaintiffs and defendant.

Le’s attorneys stepped in, named the plaintiffs and defendants, and were able to more than double the settlement.

“Talking to a client is probably the most important thing we do as attorneys. I know so many clients so well they think I’m their best friend when they don’t have a best friend. I

know about how they live, about their pain, about their kid’s problems, know about their family problems and how they eat or sleep or can’t sleep. How they can’t even communicate to people. If I don’t know that, if our staff doesn’t know that, then how could we present that to a jury so the jury would know that? It takes more than a few weeks prepping for a trial. It talks a full commitment, sometimes years, to really learn about a client.”

The difference that makes the difference in his firm’s success is their leadership in doing what is best for the client by listening, respecting their needs as well as the realities of the case, and, perhaps most important, treating each client like a member of the family.

“People like us, they trust us, and the people come back.

We’ve taken a lot of cases other firms have turned down because of any number of reasons. Maybe it’s not a slam-dunk case or maybe they just want the client to settle outright.”

Le emigrated from Vietnam shortly after the war and was sponsored by a Catholic Church in Nebraska where he then Attorney Journals San Diego | Volume 191, 2019

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© Bauman Photographers

Andy, his beautiful wife Quinn and their beautiful twin daughters Celine and Emma, age 6.

grew up and would eventually go to law school. After graduating from law school, he found his way to San Diego and built his law career. Along the way to success, he has not forgotten his Vietnamese roots or Nebraska upbringing. Through his family he has created more than 100 charities including some of the most successful Vietnamese Charities in the world. As a Nebraskan, he is a big fan of the Cornhuskers and values the down-to-earth Christian nature of a Nebraska upbringing, hoping to instill the same values to his twin daughters.

In addition to the law office, Le and his wife own a seafood restaurant, Submarine Crab, San Diego located on Convoy. In his free time, he loves spending quality time with his wife and twin girls who are almost always by his side.

That human connection, that family approach, extends to the people and families who come to Le for legal representation.

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Attorney Journals San Diego | Volume 191, 2019

“That’s more important to me. To touch people on a human level, to hear their story out, to know what they’re story is all about. To know them is more important than knowing the next steps in the legal process and all the issues. You have to know the story and that’s more important than anything,” he says. ■ Contact Andy Van Le, Esq. Law Offices of Andy Van Le & Associates, PC 1551 4th Avenue, Suite 102 San Diego, CA 92101 (619) 525-0001 www.accidentlawctr.com

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2019

Overcome Content Paralysis and Get the Attention You Deserve

by Stefanie Marrone

I

recently had a conversation with a lawyer who was struggling to finish a client alert. It had been sitting on his desk for about a week for his final review.

This lawyer is not known to be a procrastinator, so I asked him what was going on, and he candidly told me that he just couldn’t stop fine-tuning it. He said he kept moving around paragraphs, editing sentences and adding and deleting sections.

I told him that time was of the essence here since the alert was about a recent development in his area of the law and his clients expected him to write about it. I also told him that three of our peer firms had published alerts on a similar topic in the past week and it was like a light went off in his head. A few hours later, he sent me his final version, and we were able to finally distribute it, albeit several days late.

When Perfectionism Becomes Content Paralysis Many lawyers are perfectionists, which can really derail their efforts when it comes to content creation. They endlessly tinker with a piece of thought leadership (making rounds and rounds of additional changes and being unable to say it’s final) and wind up missing the boat on the right distribution time for it to reach their clients and prospects, resulting in the article losing its maximum impact. I call this content paralysis.

Because most client alerts are about developments in the law, every single minute counts when it comes to distribution, especially when your competitors are writing about similar topics. Don’t let others beat you to it!

Busy in-house counsel have limited attention spans, especially for client alerts from law firms (just think about the sheer volume of alerts they receive each week), and while you want yours to be well written, thoughtful, and succinct, 22

Attorney Journals San Diego | Volume 191, 2019

you most importantly want to be timely. Also, some in-house counsel only open alerts from the law firms they use—so they are waiting for their outside counsel to update them on what they need to know to do their jobs better. Time is of the essence.

You Just Have to DO It Personally, I sit on articles when I am struggling with what to say. A combination of procrastination and perfectionism—and then throw in being too busy—can be a trifecta recipe for many of us to never get any writing done to further our personal branding and lead generation efforts.

Let’s change that!

One of the lawyers at my firm told me of a trick that she uses that has greatly helped me to turn my stuck articles into published works. She blocks out chunks of time in her calendar to write as if it was an actual meeting. Committing this time to do the writing really works. You know yourself better than anyone else in terms of how long it will take you to do it. Be realistic but give yourself enough time (perhaps early in the day and in the late afternoon or evening) to write and block out interruptions such as the pesky email alert in Outlook.

Client-Centric Writing Best Practices Writing for your clients is very different than writing a legal brief or even writing for a law journal. When writing legal insights and perspectives for your clients and prospects, you should always communicate in non-legalese terms.

Too often firms create content that satisfies their internal audience rather than thinking about what readers would want.

Remember, in many cases your clients are not lawyers.

Don’t write for lawyers at other firms. Too often firms create content that satisfies their internal audience rather than thinking about what their readers would want.

Always be brief and efficient when writing an alert— quickly get to the point in the first paragraph and make the headline concise and compelling. Also, remember that it’s okay if your articles aren’t masterpieces! You’re not trying to win a Pulitzer Prize here. Just keep on publishing them because practice really will make you a better writer. You can also consider taking on a co-author to both share the burden of writing and if you choose your writing partner wisely, you’ll have someone from whom you can learn.

And besides...

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With Most Lawyers, ‘Good’ Is More Than Good Enough The most important piece of advice I have for lawyers whose acute attention to detail and impeccably high standards leads to content paralysis is do your best to not sit on an article and over edit it. Create and distribute content while the topic is hot. Please try to embrace the idea of good enough. ...don’t let your competitors win client attention that you deserve.

Here’s the thing: your good enough is going to be pretty darn excellent already, compared to the rest of the world.

You simply can’t give 100% to everything 100% of the time anyway—don’t fall into the content paralysis trap. While you don’t ever want to sacrifice quality, your delay as you chase perfect means that, ultimately, you’re letting your competitors win client attention that you deserve.

I’d like to leave you with one final thought that I hope stirs up your competitive side. Many in-house counsels really do make the decision to hire outside counsel directly based on a piece of content written by a lawyer (they say as much, time and again, in GC panel discussions). So please do get those alerts off your desk and in the hands of potential clients—they’re doing no one any good sitting in front of you. n Stefanie Marrone helps law firms effectively tell their stories and find their unique voices. Over the last 17 years, she has worked with some of the most prominent and innovative law firms in the world, developing and executing global revenue generating business development and communications strategies, including media relations, branding, and multichannel content marketing and social media campaigns. She is very passionate about using social media for lead generation and brand building. She has a diverse range of experience in both Big Law and mid-size/small-law firms. Connect with her on LinkedIn as well as her blog The Social Media Butterfly.

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7/12/13 5:04 PM

California Case Summaries New California Civil Cases

by Monty A. McIntyre, Esq. These recent cases summarized by Monty A. McIntyre are from his publication California Case Summaries™. Monty prepares short summaries, organized by legal topic, of every new published California civil and family law case that California lawyers can subscribe to on a monthly, quarterly or annual basis.

For more information go to https://californiacasesummaries.mykajabi.com. A California civil trial lawyer since 1980 and a member of ABOTA since 1995, Monty serves as a mediator, arbitrator and referee with ADR Services, Inc. handling cases in the areas of business, elder abuse, employment/wage & hour, insurance bad faith, legal malpractice, medical malpractice, personal injury, real property and wrongful death. To schedule a matter, contact Monty’s case manager Christopher Schuster at ADR Services, Inc. at (619) 233-1323 or christopher@adrservices.com.

CALIFORNIA SUPREME COURT Civil Procedure Black Sky Capital, LLC v. Cobb (2019) _ Cal.5th _ , 2019 WL 1984289: The California Supreme Court affirmed the decision of the Court of Appeal regarding the application of the antideficiency rule in Code of Civil Procedure section 580d. When a creditor holds two deeds of trust on the same property, section 580d does not preclude the creditor from recovering a deficiency judgment on the junior lien extinguished by a nonjudicial foreclosure sale on the senior lien. (May 6, 2019.)

Heimlich v. Shivji (2019) _ Cal.5th _ , 2019 WL 2292828: The California Supreme Court reversed the Court of Appeal directing it to affirm the trial court’s order confirming the arbitration award but denying costs to respondent. A request for costs under section 998 is timely if filed with the arbitrator within 15 days of a final award. An arbitrator has authority to award costs to the requesting party, but if the arbitrator refuses to award costs, judicial review is limited. (May 30, 2019.)

Employment Melendez v. S.F. Baseball Associates LLC (2019) _ Cal.5th _ , 2019 WL 1848722: The California Supreme Court reversed the judgment of the Court of Appeal finding that a wage and hour action by security guards at what is now named Oracle Park in San Francisco was preempted by section 301 of the Labor Management Relations Act, 29 United States Code, section 185(a). The California Supreme Court ruled that the lawsuit did not require interpretation of the collective bargaining

24

Attorney Journals San Diego | Volume 191, 2019

agreement (agreement) between the guards’ union and the San Francisco Giants. Although the agreement might be relevant to the lawsuit and might need to be consulted to resolve it, the Supreme Court ruled that the dispute would be decided on the interpretation of state law, the meaning of “discharge” under Labor Code section 201, rather than an interpretation of the agreement. Because no party had identified any provision of the agreement whose meaning was uncertain and required interpretation to resolve plaintiffs’ claim, the lawsuit was not preempted and state courts could decide it on the merits. (April 25, 2019.)

CALIFORNIA COURTS OF APPEAL Arbitration Diaz v. Sohnen Enterprises (2019) _ Cal.App.5th _ , 2019 WL 1552361: The Court of Appeal reversed the trial court’s order denying a petition to compel arbitration in an action alleging workplace discrimination. Because plaintiff continued her employment after notification that an agreement to arbitration was a condition of continued employment, plaintiff impliedly consented to the arbitration agreement. The record contained no evidence of surprise, nor of sharp practices demonstrating substantive unconscionability. Because plaintiff failed to specify, with appropriate citations to the record and relevant legal authority, any terms of the agreement that she believed were unconscionable she waived any argument that the agreement was unenforceable. (C.A. 2nd, April 10, 2019.)

Muller v. Roy Miller Freight Lines, LLC (2019) _ Cal.App.5th _ , 2019 WL 1929662: The Court of Appeal affirmed the trial court’s order granting in part, and denying in part (as to one cause of action for lost wages) defendant’s motion to compel arbitration in a wage and hour action. The trial court correctly concluded that plaintiff was a transportation worker engaged in interstate commerce under 9 U.S.C. § 1 and thus exempt from Federal Arbitration Action coverage. Even though plaintiff did not physically transport goods across state lines, his employer was in the transportation industry, and the vast majority of the goods he transported originated outside California.

Thus, California Labor Code section 229 required staying the prosecution of his cause of action for unpaid wages while the other five causes of action proceeded to arbitration. (C.A. 4th, May 1, 2019.)

Attorney Fees Dane-Elec Corp. v. Bodokh (2019) _ Cal.App.5th _ , 2019 WL 2238428: The Court of Appeal affirmed in part, reversed in part, and remanded the trial court’s orders granting attorney fees in an action where plaintiff prevailed on its complaint to recover on a promissory note and also defeated defendant’s cross-complaint to recover allegedly unpaid wages. The trial court found that defendant had not brought the wage claim in bad faith and declined to award plaintiff attorney fees incurred solely in connection with the wage claim, but it awarded plaintiff attorney fees incurred in defending the wage claim that were inextricably intertwined with the contract claim. The Court of Appeal disagreed, ruling that, unless a trial court finds a wage claim was brought in bad faith, Labor Code section 218.5(a) prohibits, as a matter of law, an award of attorney fees to a nonemployee prevailing party for successfully defending a wage claim that is inextricably intertwined with a claim subject to a contractual prevailing party attorney fees provision. To the extent the wage claim and the contract claim are inextricably intertwined, section 218.5(a)’s prohibition on recovering attorney fees controls over the contractual attorney fees provision. (C.A. 4th, May 24, 2019.)

Civil Code Taniguchi v. Restoration Homes (2019) _ Cal.App.5th _ , 2019 WL 1923068: The Court of Appeal reversed the trial court’s order granting defendant’s motion for summary judgment in an action alleging defendant violated Civil Code section 2924c.

The Court of Appeal ruled that, to cure a default and reinstate the loan under section 2924c, the borrowers need not pay the amount of an earlier default on the original loan (which had been deferred under a loan modification to the end of the loan term). They are only required to pay the missed modified

monthly payments that caused a default on the modified loan.

(C.A. 1st, April 30, 2019.)

Civil Procedure Global Financial Distributors v. Superior Court (2019) _ Cal. App.5th _ , 2019 WL 2083249: The Court of Appeal granted a writ of mandate and reversed the trial court’s order denying defendant’s motion to stay or dismiss an action on the ground of inconvenient forum because it was untimely under Code of Civil Procedure section 418.10(e). The Court of Appeal ruled that section 410.30 applies after a defendant has made a general appearance, and because defendants filed their motion to stay or dismiss on the ground of inconvenient forum after they had appeared in the action by filing demurrers, section 410.30 applied, and the motion was not untimely under section 418.10(e). (C.A. 2nd, filed April 16, 2019, published May 13, 2019.)

Workman v. Colichman (2019) _ Cal.App.5th _ , 2019 WL 1466957: The Court of Appeal affirmed the trial court’s order denying defendants’ anti-SLAPP motion to strike (Code of Civil Procedure section 425.16) in a complaint by a property owner against her neighbors alleging that the neighbors caused a sale to fall through by sending an email to the owner’s real estate agent claiming that defendants planned to make changes to their property that would destroy the view from plaintiff’s property. The trial court properly ruled that defendants failed to demonstrate that their actions were connected to a public issue. Information about the views from a private residence affecting only those directly interested in buying or selling that house is not an issue of public interest. (C.A. 2nd, April 3, 2019.)

Torts Burch v. CertainTeed Corp. (2019) _ Cal.App.5th _ , 2019 WL 1594460: The Court of Appeal affirmed the trial court’s orders granting defendant’s motion for judgment notwithstanding the verdict (JNOV) on an intentional misrepresentation claim and denying its motion for JNOV on a concealment claim after the jury returned a verdict for plaintiff in an asbestos case and awarded plaintiff economic damages of $776,201 and noneconomic damages of $9.25 million. The Court of Appeal also reversed the trial court’s order limiting defendant’s noneconomic damage liability to its percentage of fault under Civil Code section 1431.2. The Court of Appeal ruled that the trial court properly granted one JNOV (because plaintiff failed to prove reliance) and denied the other. However, because defendant was liable for the intentional tort of concealment, defendant was jointly and severally liable for all of plaintiff’s noneconomic damages. (C.A. 1st, April 15, 2019.) n

Attorney Journals San Diego | Volume 191, 2019

25

LAW FIRMS CAN

Do Better with

MENTORING PROGRAMS

by Kate Reder Sheikh

W

hen you’re a brand-new lawyer, it can feel like a display of vulnerability to ask for a mentor. Many firms place their associates into official mentoring programs, but the results are mixed. These mentoring programs are sometimes fruitful and helpful, and other times barely play a role in a young lawyer’s path.

I was a litigator for almost a decade, and while there were some partners I worked for that I looked up to and tried to emulate, I was largely left to my own devices. While I may have emotionally appreciated that leeway as a demonstration of trust, I do wonder how my own career would have differed if I had the guiding hand of a mentor.

According to Major Lindsey & Africa’s 2019 Millennial Attorney Survey, a mere 29% of respondents said that a formal mentor had a significant or crucial role in their career. How can law firms institute useful mentoring practices, instead of mediocre programs that both parties see as an obligation?

To encourage informal mentorships, the few law firms that place associates and partners side by side in a shared office space serve as excellent models. I can’t imagine a better way to allow associates to learn by example. When I was an associate, I often felt like the calls I really could have learned from took place behind closed doors.

Now, there is always going to be an initial shock of all parties at working in an open floor plan—when I became a recruiter in London, I went from having an office to being on a sales floor with a bunch of strangers. But in the end, that’s where I cut my teeth and learned the trade. It was full exposure every day, 28

Attorney Journals San Diego | Volume 191, 2019

constantly learning what to do and what not to do. I didn’t need a formal mentor; I had a room full of them.

For formal mentorships, the personal relationship is key.

Law firms that select one partner to be “the mentoring partner” for many associates miss the point because strong mentor relationships must be one-on-one. Every young associate in BigLaw should have one mentor in his/her department and another on a totally different team. Both play different roles. The mentor who does the same work is able to usher the associate through the practice, answer substantive legal questions and be mindful of what’s going on for that associate for staffing matters. The mentor who sits somewhere else in the firm is a safe person to vent to, an outside problem-solver and a coach more generally on life at the firm.

In an ideal mentorship program, one of the mentors has something nonlegal in common with the mentee—they’re both dads; they both went to the same university; they’re both firstgeneration college graduates; they’re both from the Midwest.

Not only are employee resource groups for parents, lawyers of color, first-generation lawyers, etc., important, but diversity retention is likely to be higher when associates who identify as members of these groups see leadership from the same groups.

If you’re a female associate who wants to be a mom, and your mentor is a mom who is making it all work, you’re much more likely to believe that partnership could fit into your future.

In order to be effective, law firms need to commit to a reasonable budget for mentorship. Partners should be encouraged to take their mentees out at least once a quarter,

off property for a one-on-one meeting. It’s much too easy if the meetings are in the office to shortchange the conversation because an email or phone call comes in. Mentorship deserves both parties’ complete attention.

Mentors also shouldn’t be locked in stone. A neutral party in the office should be able to reassign the associate to someone new if the current relationship isn’t bearing fruit. I met with one associate who was assigned a mentor she could not stand and made her feel uncomfortable. She dreaded their time together. Not only was the partner not adding value, but the firm’s rigidity in not allowing her to switch mentors actually drove her to make a lateral move.

In order to provide the best possible guidance, mentors shouldn’t just take the associate’s word—they need to reach out to references to figure out how best to guide the associate.

People like law school or clinical professors, former supervisors and co-clerks can provide valuable insight into what the associate needs to thrive. Partners don’t need to spend a full billable hour on the phone with all of these resources, but a quick call or even an email to figure out how be most helpful could go a long way.

An effective mentoring program provides significant benefits: greater associate loyalty to the firm (and thus retention), a line of defense for potential problems and stronger relationships between teams. After all, teams that know each other better work together more effectively.

Mentoring programs done right give mentors and mentees an opportunity for personal and professional development by creating a safe space to learn. They can reduce the number of HR issues that truly come to a head, and decrease stress and anxiety by providing a trusted team member to go to for guidance. Finally, mentoring programs institutionalize the passing down of wisdom and experience that isn’t necessarily happening by itself.

What are the common pitfalls of mentorship programs?

A major problem is when they’re expensive but poorly run, and not thoughtfully considered. Not every partner is cut out to be a mentor, and that’s okay. Mentors must be just as invested in the program as their mentees, and must show a willingness to commit the time and energy needed to make the relationship fruitful. Law firms should consider formal training for partners who want to participate as a mentor.

If a firm is going to have a formal mentoring program, it should do it properly. A mentoring program that isn’t well thought out or isn’t given proper resources is often a waste of time. Taking a few practical, proactive steps to create a program that does what it’s designed to do can pay dividends. n

We Know Marketing Like You Know The Law

Let us “do the time” to get your project right!

• Writing for the layperson • Putting together a presentation • Developing a marketing strategy • Sprucing up your website • Designing an ad, booklet, flyer or brochure • Establishing a better logo, mission statement or tagline

Kate Reder Sheikh is a Managing Director at Major, Lindsey & Africa covering San Francisco and Silicon Valley. Her focus is on providing a concierge level of service to associates and clients alike. Leveraging her background as a litigator in San Francisco.

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