Attorney Journal, San Diego, Volume 151 by Attorney Journals

SAN DIEGO

Volume 151, 2016 • $6.95

How to Create a Great Landing Page for a Law Firm Website

Lauren Pritchett

The Biggest Crime in Law Firms

Stephen Fairley

McIntyre’s Civil Alert Organized Succinct Summaries

Monty A. McIntyre The New Face of Employee Retention

Jeff Wolf

How to Interview Prospective Clients: Focus on Their Problems and Your Credibility for Success

Trey Ryder

Attorney of the Month

Brett Schreiber

Thorsnes Bartolotta McGuire LLP, San Diego From Surfer Dude to One of San Diego’s Brightest Stars

Court Reporting Access Wherever You Go. Read, Search, and Annotate Transcripts with ease using the convenience of your digital device.

DOWNLOAD OUR APP TODAY! DEPOSITION SERVICES •Certified Court Reporters •Court-Appointed Official Reporters •Certified Legal Interpreters •24/7, Last Minute Scheduling •Nationwide Deposition Coverage •Deposition Suites, Conference Centers •Realtime Depositions •Electronic Transcripts •Electronic Transcript CD •Litigation Support Software Integration •Complete Case Management

VIDEO SERVICES •Certified Legal Videographers •Video Conferencing •Video Deposition Streaming •Video Transcript Synchronization •Digital Deposition Streaming •Video Editing Tools ONLINE & MOBILE SERVICES •Online Deposition Scheduling •Online Document Repository •Jilio-Ryan Mobile App •Mobile Transcripts •Productivity Enhancing Transcript Tools

IMPROVED!

FREE App available

JILIO-RYAN C O U R T

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

R E P O R T E R S

800.454.1230

2016 EDITION—NO.151

TABLE OF CONTENTS 6 How to Create a Great Landing Page for a Law Firm Website by Lauren Pritchett

8 How to Interview Prospective Clients: Focus on Their Problems and Your Credibility for Success by Trey Ryder

12 COMMUNITYnews EXECUTIVE PUBLISHER Brian Topor

EDITOR Wendy Price CREATIVE SERVICES Skidmutro Creative Partners CIRCULATION Angela Watson PHOTOGRAPHY Chris Griffiths

by Jennifer Hadley

STAFF WRITERS Jennifer Hadley Bridget Brookman Karen Gorden CONTRIBUTING EDITORIALISTS Lauren Pritchett Trey Ryder Stephen Fairley Monty A. McIntyre Jeff Wolf

16 22 McIntyre’s Civil Alert Organized Succinct Summaries by 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.

LAW FIRM OF THE MONTH

16 Brett Schreiber of Thorsnes Bartolotta McGuire LLP, San Diego From Surfer Dude to One of San Diego’s Brightest Stars

24 The Biggest Crime in Law Firms by Stephen Fairley

30 The New Face of Employee Retention by Jeff Wolf Editorial material appears in Attorney Journal as an informational service for readers. Article contents are the opinions of the authors and not necessarily those of Attorney Journal. Attorney Journal makes every effort to publish credible, responsible advertisements. Inclusion of product advertisements or announcements does not imply endorsement. Attorney Journal is a trademark of Sticky Media, LLC. Not affiliated with any other trade publication or association. Copyright 2016 by Sticky Media, LLC. All rights reserved. Contents may not be reproduced without written permission from Sticky Media, LLC. Printed in the USA

Charles Field

Ed Chapin

Jill Sullivan Sanford

“Game changing”—Wall Street Journal “Truly diverse team”—Above The Law Employment Group of the Year—Law 360 San Diego Super Lawyers & Best Lawyers Best Plaintiffs Employment Practice—Law360 Litigation Boutique Hot List—National Law Journal 2015 Outstanding Women Lawyers—National Law Journal 2014 & 2015 Elite Trial Lawyers: Leading Plaintiffs Firm—National Law Journal 501 West Broadway, Suite 515, San Diego, CA 92101

www.sanfordheisler.com

Washington, D.C.

♦

New York

♦

San Francisco

♦

San Diego

How to Create a Great Landing Page for a Law Firm Website by Lauren Pritchett

Lauren Pritchett is a Senior Marketing Consultant with Consultwebs.com. Lauren serves as a liaison between our clients and our team to ensure that site redesigns, launches, content and any other aspects of their digital campaigns are executed smoothly and deliver results.

IN THIS DAY AND AGE, businesses must treat their websites with the same care and attention as their storefront. For a law firm, a visit to your website is much like a visit to your lobby. After a potential client does a little bit of research through online reviews, your website is often their first impression of your firm. That’s why it is so important for your website landing pages to offer visitors a beneficial experience that mimics how your staff would help an in-person visitor to your office.

is beneficial to the user. Also, don’t forget to make your firm’s phone number prominent, and to repeat it on the page where it makes sense to do so. If you list your phone number only once on the page, your visitor could miss it during their whirlwind search for a law firm. Don’t confuse them and don’t assume they will intuitively know how to find your contact information. Make it easy for them to reach out to you.

RELEVANCE TO REMIND

Your landing page should be mutually beneficial for both the visitor and your firm. You want to give the visitor something that is valuable to them so that you can get something in return. For the visitor, the landing page is one of the first steps in finding a solution to their problem. It answers some of their questions, right off the bat, to reduce their anxiety—do I need a lawyer? How will a lawyer help me? For the firm, the main purpose of the landing page is to generate a lead. In other words, the landing page is meant for the visitor to make contact with you.

Reassure the visitor that they are on the right page. After a search, a visitor wants to know that what they have found is relevant to their search and will help them. Pertinent images and relevant copy should have a logical connection with the search term they used. To help make these connections, perform keyword research by using tools such as Google Suggest. For example, if you discover through your research that people are searching “what types of compensation you can recover from a car accident,” be sure to include a section on your car accident landing page called “What Types of Compensation You Can Recover from a Car Accident” with the relevant information. Testimonials, case results, awards, and other badges on the page serve as indication of credibility to help build visitors’ trust in the firm. Other great additions are video testimonials and photos of your staff working with clients.

WHAT MAKES A LANDING PAGE GREAT?

URGENCY FOR ACTION

The perfect landing page presents a sense of clarity, relevance, and urgency. It’s the gateway to building a relationship with a potential client.

Finally, don’t let the visitor leave without taking action. Emphasize the call to action, which will typically be to contact the firm. The call to action should bring up feelings of urgency and scarcity to motivate the visitor to call, begin an online chat or submit a form during that visit. The visitor will also want to know what will happen when they contact the firm. They don’t want to be blindly led, unsure of next steps. By utilizing strategic copy, the call to action can also show the firm’s value proposition. What does the visitor get for contacting the firm? This can be said in so few words as “Schedule an Appointment,” “Call for a Free Consultation,” “Book Now,” or simply “Let’s Talk.”

WHAT’S THE PURPOSE OF A LANDING PAGE?

CLARITY IS KEY Keep the landing page uncluttered and concise. No one likes the runaround, especially with something as serious as hiring an attorney, so don’t beat around the bush. Communicate the point of the page right away. Technically speaking, this means that your web design places vital information above the fold, where a visitor can see it without having to scroll down the page. Keep in mind that the most common screen resolution is 1366 x 768. Since the primary purpose of your landing page is to generate leads, contact information should be clear and easy to find. In order to deliver a convenient and user-friendly experience, a great landing page offers multiple ways to contact the firm. While many visitors will opt to call the firm, others might prefer to submit a form, or engage in a live chat. Giving options 6 Attorney Journal San Diego | Volume 151, 2016

CLOSE THE DEAL Now that your website visitor has received the information they needed, made contact with the firm, and understands what is going to happen next, closing the deal is in the hands of your intake department. The landing page may have generated the lead you are wanting, but it is up to your people to deliver. n

you spend most of the interview telling prospects about your services, you’re going about it all wrong. Your prospect’s first priority is to understand his problem. Successful lawyers spend up to 70 percent of interview time educating prospects about the magnitude of their problem and the risks of allowing it to persist. You win more new clients when you focus on their problems and follow these 17 steps: STEP #1: Give your prospect your undivided attention. This means no interruptions of any kind. If you can’t give your prospect your full attention, then delay the appointment until you can. You must be a good listener and make your prospect feel as if he is the most important person in the world.

How to Interview Prospective Clients Focus on Their Problems and Your Credibility for Success by Trey Ryder Trey Ryder shares his marketing method with lawyers through a wide range of publications. His columns and articles have appeared in TRIAL (ATLA, now the American Association for Justice), Law Practice Management (ABA), The Complete Lawyer (ABA), Lawyers Weekly USA (where he was the marketing columnist for two years), Commercial Law Bulletin (CLLA), Lawyers Weekly Australia, Tort Source (ABA), The Lawyers Competitive Edge (West Group), ALA News, Law Office Administrator, The Federal Lawyer (FBA), The New York Law Journal, Business Law Today (ABA), Law Governance Review, GPSolo (ABA), Young Lawyer Archives (ABA), Legal Management (The Association of Legal Administrators), Law Practice Quarterly (ABA), Marketing For Lawyers, The American Lawyer, and dozens of state, county and local bar publications. In addition, he writes and publishes his free e-zine, The Ryder Method™ of EducationBased Marketing. And he maintains the Lawyer Marketing Advisor attreyryder.com. He can be reached at: trey@treyryder.com.

Attorney Journal San Diego | Volume 151, 2016

STEP #2: Build rapport with your prospect. Try to sense your prospect’s mood and respond in a helpful, caring manner. This lowers your prospect’s resistance and forms an emotional bond that brings you closer together. One of my clients begins his interviews by saying, “Tell me about yourself.” This gets the prospect talking and takes the focus off the attorney. STEP #3: Put yourself in your prospect’s position. The best way to understand what your prospect feels is to imagine yourself in his shoes. Then make your presentation from your prospect’s point of view. STEP #4: Identify the result your prospect wants. Ask what problem he wants to solve or what goal he wants to achieve. Then ask questions to determine the specific service you can offer. Listen carefully so you know which points your prospect considers most important. STEP #5: Educate your prospect about the seriousness of his problem. The more your prospect understands about the gravity of his dilemma, the more likely he is to hire you to correct it. Use supporting documents and articles as proof. At this point, however, don’t offer solutions because your prospect first needs a clear understanding of his problem. Tell your entire story in words your prospect understands. And don’t fall into the trap of hitting only the high points of your presentation. Remember, this information is new to your prospect so explain everything slowly and clearly. You must present information so you cannot be misunderstood, because many prospects won’t admit they don’t understand. STEP #6: Answer common questions before your prospect asks them. If your prospect raises a number of concerns, your discussion could seem adversarial. After you answer the questions, ask for your prospect’s agreement to make sure he understood what you said. This way, he won’t likely raise the concern again later. STEP #7: Emphasize the reasons your prospect should hire you. Explain how your knowledge, skill, judgment and experience give you special insights that you’ll use to bring your prospect the results he

wants. Talk about your education and qualifications. Give examples of other people you’ve helped in similar situations. Give your prospect copies of newspaper articles in which you were the featured expert. Show your prospect testimonial letters that prove how pleased clients are with your services. (Make sure you check your bar’s ethics rules relating to testimonials because some jurisdictions do not allow lawyers to use testimonials.) STEP #8: Check for understanding after each point in your discussion. Watch for red flags that identify something your prospect didn’t grasp. Remember, prospects won’t buy what they don’t understand. Make sure your prospect understands what you tell him. STEP #9: Offer specific solutions and discuss the pros and cons of each. If you offer only one solution, your prospect’s choice is either yes or no. But when you present three positive options, he can select from three yes choices before he gets to no. STEP #10: Provide both logical and emotional reasons to hire you. Often, prospects retain your services for emotional reasons, such as whether they like you and whether they feel you truly want to help them. Then they use logic to defend their decision to their spouses and colleagues. When you provide both, you help your prospect justify his decision to engage your services.

STEP #14: Summarize the risks and benefits. Point out to your prospect the risks of allowing the problem to continue (what he may lose)—and the benefits of solving the problem now (what he will gain). STEP #15: Tell your prospect how much you want to help him. Use collective words like “we” and “let’s” to show that you and your prospect are working together. STEP #16: Allow your prospect to make his own decision without pressure from you. If you push your prospect, he will resist. So, instead, remind your prospect that the choice is his—and that you will gladly answer his questions and provide whatever information he needs to make an informed decision. If your prospect hires you, reassure him that he has made a wise choice. If your prospect is not ready to proceed, make sure he knows you’re ready and willing to help him whenever he thinks the time is right. STEP #17: Follow up with a letter. If your prospect hired your services, thank him and reassure him in writing that he made a wise decision. If your prospect is not ready to proceed, encourage prompt action, point out the risks of waiting, and offer to answer any questions, now and in the future. n

STEP #11: Quote a fee for each service. Use the contrast principle so your prospect views your fee in the proper perspective. Before quoting your fee, mention a larger number; then by contrast your fee won’t seem so high. After you quote your fee, restate one or two major benefits your prospect will gain from hiring you. For example: “Right now, Mr. Jones, your estate tax liability is over $200,000. After I set up your asset protection plan, your tax liability will be zero. My fee to draft your plan is just $7,500. When your plan is in place, it will save your family over $200,000 in estate taxes, eliminate at least $25,000 in probate costs and prevent lengthy court proceedings.” In contrast to these other numbers, $7,500 seems like peanuts. STEP #12: Recommend a solution from your prospect’s point of view. Your prospect is more receptive to your direction when you speak from your prospect’s position. Instead of saying, “This is what you should do,” explain: “If I were in your place, here’s what I would do”—and then explain why. STEP #13: Invite any remaining questions. Acknowledge each question as a “good point” or “valid concern.” Don’t view the question as an objection. Your prospect may simply want you to repeat something you discussed earlier. Or he may want more information. Offer your explanation calmly and with confidence. Your prospect wants you to assure him that hiring you is the right decision. Attorney Journal San Diego | Volume 151, 2016

Law firm with too much space? Attorney in need of an office? MEET MELISSA DELEON Melissa Deleon represents victims of personal injuries and wrongful death. She is the past president of Filipino American Lawyers of San Diego, affiliate leader to the National Chair to San Diego County Bar Association’s Ethnic Relations and Diversity Committee, and a current board member of the Filipino American Chamber of Commerce. She has been named one of San Diego’s “Top Young Attorneys,” “Top Young Influentials,” “Best of the Bar” for personal injury litigation and a Super Lawyers “Rising Star.” REFERRALS PAID

2015 Fragomen SD Attorney Journal - 1st Proof.pdf 1 10/6/2015 7:45:44 PM

110 Laurel Street • San Diego, CA 92101 • 619-238-1811 • caseygerry.com

Attorney Journal San Diego | Volume 151, 2016

DowntownSublease.com A FREE sublease listing service brought to you by Hughes Marino, voted San Diego’s BEST commercial real estate company five years in a row by Union Tribune readers.

COMMUNITY news n CaseyGerry has announced the addition of Adam B. Levine as its newest attorney. According to firm partner, David S. Casey, Jr., “Adam, who is the son of the late Harvey Levine, a revered San Diego trial lawyer, brings impressive credentials as well as a legacy of legal excellence to CaseyGerry. We are thrilled to ADAM B. LEVINE have him join our growing legal team and are confident he will be an invaluable addition as we continue to take on complex, high stakes cases.” Prior to joining CaseyGerry, Levine worked as a federal judicial extern at the U.S. District Court for the Southern District of California for the Honorable Irma E. Gonzalez, as well as working for Levine & Miller – his father’s law firm. Prior to that, Levine worked in the field of architecture for 11 years, during which time he became a licensed architect in California. Levine earned a degree in architecture from UC, Berkeley, a master’s degree in architecture and real estate development from Woodbury University, and a J.D., summa cum laude, from California Western School of Law (CWSL), where he graduated first in his class. n Gresham Savage has announced that Todd R. Kinnear has joined the firm’s San Diego office. Mr. Kinnear has 16 years’ experience representing corporations and individuals in complex federal and state court litigation matters, including unfair competition and business practices, employment-related TODD R. KINNEAR claims, breach of fiduciary duty, fraud, and breach of contract as well as other business-related torts. Mr. Kinnear joins the firm’s San Diego office, which opened in 2011 and currently has nine attorneys, many of whom joined from the former office of Luce, Forward, Hamilton & Scripps. Prior to joining Gresham Savage, he was a partner at Gordon & Rees, LLP in its commercial litigation and employment practice groups, and before that, a partner at Luce Forward. Mr. Kinnear obtained his Juris Doctor from the University of San Diego, School of Law, where he graduated magna cum laude and Order of the Coif. During law school, he was an associate editor of the San Diego Law Review. He obtained his Bachelors of Science Degree from San Diego State University, graduating cum laude.

Attorney Journal San Diego | Volume 151, 2016

n Duckor Spradling Metzger & Wynne (DSMW), is pleased to announce that Rose M. Huelskamp, William P. Keith, and Jonathan L. (“Jay”) Pettit have been named JONATHAN L. (“JAY”) PETTIT, ROSE M. shareholders of the HUELSKAMP, AND WILLIAM P. KEITH firm. Rose Huelskamp represents individuals and companies in employment, commercial, and business litigation, as well as in trust and estate litigation. She holds a J.D. from the University of San Diego School of Law and a B.A. from UCLA. Bill Keith’s practice involves a variety of business and commercial litigation, including banking and securities litigation, admiralty and maritime, and employment and real estate litigation. He earned a J.D., cum laude, from Florida State College of Law and a B. S. from the University of North Carolina at Chapel Hill. Jay Pettit is a Registered Patent Attorney and former in-house counsel with more than 20 years of experience counseling technology clients on worldwide intellectual property strategies. Jay prosecutes patent applications and trademark registrations, and drafts and negotiates IP licensing and other agreements. He also represents clients in complex IP litigation relating to patent, trademark, trade secret and copyright matters. Prior to becoming an attorney, Jay was a Naval Flight Officer in the United States Navy. Jay holds a J.D., cum laude, from the University of San Diego School of Law, a M.S. from Virginia Tech, and a B.A. from UCLA. n Six attorneys from Hecht Solberg Robinson Goldberg & Bagley LLP (HechtSolberg) have been honored as “Super Lawyers” or “Rising Stars” by the national Thomson Reuters patented rating service of outstanding lawyers. Veteran attorneys Darryl O. Solberg, Jerold H. Goldberg, David W. Bagley II, Michael DAVID J. VOGEL (Mickey) J. Maher, and Richard A. Schulman, all partners at HechtSolberg, were named San Diego Super Lawyers for 2016 in their respective practice areas. Only 5 percent of total lawyers in the state are selected for inclusion in Super Lawyers. David J. Vogel was named a 2016 Rising Star, a designation achieved by only 2.5 percent of attorneys 40 and under or with 10 or fewer years’ experience. Vogel practices in the areas of real estate, general business and finance transactions, representing a broad range of clients including lenders, borrowers, developers, commercial real estate investors and non-profit organizations.

COMMUNITY news n For the second year in a row, attorney Pajman Jassim of Jassim & Associates has been named a Super Lawyers Rising Star. The rating service distinguishes lawyers from more than 70 practice areas who have been recognized by their peers. Super Lawyers gathers independent research about each attorney, PAJMAN JASSIM along with nominations and evaluations from his or her peers. “It’s a great compliment to be selected a 2016 Super Lawyers Rising Star,” Jassim said. “San Diego has a wealth of excellent attorneys—especially in my specialty, personal injury. Clients have hundreds of choices. However, the Super Lawyers distinction shows you are willing to go above and beyond in your work. The fact the nominations stem from peers, who are also lawyers, carries weight as well.” n The law firm of Sullivan Hill Lewin Rez & Engel is pleased to announce that Gary M. Rudolph has been reappointed as President of the San Diego Bankruptcy Forum for 2016. Rudolph focuses his practice in the area of bankruptcy and insolvency problems, representing trustees, creditors and debtors in GARY M. RUDOLPH commercial bankruptcies. In addition to serving a second term as President of the San Diego Bankruptcy Forum, Rudolph serves as a mediator for the United States Bankruptcy Court, Southern District of California and was awarded the designation of being the outstanding mediator by the Judges of the United States Bankruptcy Court, Southern District of California. He also serves as Chair of the San Diego County Bar Association’s Bankruptcy Law Section. Rudolph served on the Lawyer Representative Selection Committee for the US District Court, Southern District of California and was a past director of the San Diego Receivers Forum. The San Diego Bankruptcy Forum is a non-profit organization of professionals working in the areas of bankruptcy and insolvency. Membership includes attorneys, accountants, trustees, bankers, real estate professionals, auctioneers, appraisers, consultants and others involved in the bankruptcy and insolvency process.

IS YOUR LAW FIRM MAKING THE BEST IMPRESSION?

We’ll help you put your best foot forward. From logos and brochures to websites, strategy, writing and beyond, we’ve got you covered! Jenny Strauss, Partner (215) 460-0835 jenny@skidmutro.com

Have a Press Release you would like to submit for our Community News? Email it to PR@AttorneyJournal.us

View our portfolio at skidmutro.com Attorney Journal San Diego | Volume 151, 2016

FORENSIC TECHNOLOGIES, INC. We are a Southern California-based forensics firm offering a full-service mobile and Mac device forensics lab. We employ certified examiners with proven track records. Specializing in: · Cellular Phones and Tablets (Over 15,000 Models Supported) · Mac Computers · Assistance with Court Order Language for Obtaining Call Detail Records · Cell Tower and Geolocation Mapping Services · Joint Test Action Group, (JTAG) Procedures for Recovering Information from “Dead” or “Locked” Phones and Devices

9434 Chesapeake Drive Suite 1210 San Diego, CA 92123 BSVAD_MARC_FINAL_new2.pdf

1/5/15

CMY

Attorney Journal San Diego | Volume 151, 2016

619-235-6691 csr@ftforensics.com 3:26 PM

Law Offices of Anna R. Yum Former Prosecutor and Award-Winning Trial Attorney National TV Legal Analyst Avvo Client’s Choice Award for Criminal Defense Attorneys in 2013, 2014, and 2015 DUI Drug Offense Domestic Violence Sex Crimes And many more Perfect 10.0 Rating on Avvo Super Lawyers Rising Star in 2015 The National Trial Lawyers: Top 100 Trial Lawyers Referrals Paid 619-233-4433 annayumlaw.com 501 West Broadway #700. San Diego, CA 92101

SOUTHERN CALIFORNIA’S LEADERS IN… • ESI Processing & Hosting • Data Acquisition & Forensics • Managed Document Review • Paper-based Discovery Services • Court Reporting

FREE MCLE SEMINARS!

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

501 West Broadway, Suite 400 San Diego, CA 9210 Office: (619) 234-0660

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

Attorney Journal San Diego | Volume 151, 2016

ATTORNEY

OF THE MONTH

22016 014

o t e d u D r e f r u From S

ONE OF SAN DIEGO’S BRIGHTEST STARS Brett Schreiber, Partner at Thorsnes Bartolotta McGuire, has earned his place amongst elite trial attorneys in Southern California, through a resilient work ethic, an uncanny selfawareness, and an irrefutable resolve to achieve justice for victims of personal injury, medical malpractice, condemnation, and even the wrongfully convicted.

by Jennifer Hadley

s the youngest President in the history of Consumer Attorneys of San Diego (CASD), Brett Schreiber quite frankly has reason to feel pretty proud of himself. Couple that with the fact that he was one of the youngest attorneys ever to be named one of San Diego’s Top Attorneys by the San Diego Daily Transcript, and helped secure the 88th largest verdict in America last year alongside Founding Partner of Thorsnes Bartolotta McGuire, LLP Vincent Bartolotta, and it’s not unreasonable to expect Schreiber to have at least a bit of an ego. Yet, he’s anything but arrogant. On the contrary, Schreiber, who grew up in South Florida, is noticeably self-deprecating, and practically reluctant to talk about his achievements. Instead he prefers to talk about how rewarding his work is, how grateful he is to do what he loves every day at the firm he never wants to leave, how fortunate he was to grow up with an amazing family, and how much his own family means to him now. Suffice it to say, for an attorney under 40, who is partner in one of San Diego’s most renowned Plaintiff’s firms, Schreiber puts on no airs, making him likeable immediately.

Much of this is due to the fact that Schreiber is unequivocally laid back and casual in conversation. In fact, he sheepishly admits that “every time I flash my ID and bar card to get into a courthouse I’m reminded of the long bearded, dreadlocked guy who smiles back at me.” Yet when it comes to talking about the people he fights for every day, a fierce passion emerges which is nearly palpable.

A Family Embedded in Justice and Impacted by Personal Injury “I am the son of a ‘poor man’s lawyer.’ My dad was the Chief of the Public Defender’s Office in South Florida for nearly 40 years and did nothing but capital murder defense when I was a kid. Talking about my dad’s latest murder trial was common dinner table conversation at Casa de Schreiber. It was instilled in me very early on that killing people to teach that killing people was wrong didn’t make a whole lot of sense,” he recalls. “I remember watching my dad in trial and knowing that his job wasn’t often times to ‘walk’ anyone or ‘get them off’ but rather to hold the State to its burden. The State had the Attorney Journal San Diego | Volume 151, 2016

legal plans included following in his father’s footsteps into the practice of criminal defense.

Go West, Young Man

awesome power to take away someone’s life and/or liberty and accordingly they had an awesome responsibility to prove their case beyond any shadow of doubt,” he adds. Clearly, even as a young child, Schreiber had begun to form his own opinions about the power that the government wields over the have-nots. That understanding would grow to include an understanding of just how much power corporations possess, and how often individuals are at the mercy of powerful insurance companies, who refuse to pay for their policyholder’s wrongdoings. Today he also reflects back on a crisis that struck his own family when he was just six years old. “When I was in elementary school, my mom suffered a debilitating brain aneurysm that required extensive surgery and years-long recovery. Brain surgery 30 years ago was not what it is today, and it was a struggle. The mother I knew for the first years of my life was not the same person I knew for the balance of my childhood. I didn’t love her any less nor did she love me less, but it was definitely and uniquely a different relationship. I realize that’s probably why I carry such deep empathy for the families in my brain injury cases. I made this connection for the first time when I was counseling a family that was coping with the ‘new normal’ of their brain injured son, and how difficult it was for them. I was able to share the story about my mom, about almost losing her, about her recovery, and about the wonderful relationship we share to this day. It was just a natural expression of human experience, when I brought it up, but in speaking with them later I came to realize how much they appreciated the common struggle we both faced,” Schreiber says. Although it would seem like this experience was what would ultimately drive him to civil litigation, focusing on medical malpractice, personal injury and mass torts, Schreiber’s first

Attorney Journal San Diego | Volume 151, 2016

But first, for the free spirited Schreiber, he and his high school sweetheart Shayna, who “even made it through one of the biggest party schools in the nation as a couple” had a whole lot of traveling and exploring to do, before ultimately packing everything they owned and moving to Ocean Beach where they didn’t know a single person. Schreiber jokes, “I was a writing/religion major in undergrad, and she was a psychology major. We were utterly unemployable, so grad school and law school made sense. We had no plans of staying in San Diego and figured we’d probably leave after that.” But in the meantime, Shayna became a clinical psychologist, while Brett attended Thomas Jefferson School of Law. He began clerking in the San Diego Public Defenders office while in school. “While I found the defense of the damned to be a higher calling in the practice of law, when I worked in the Public Defender’s office in law school I learned that it wasn’t for me. Working on drug cases and other non-violent felonies was fine. Drug laws in this country are completely whacked so I felt great when I got suppression motions granted and otherwise kept law enforcement in check. However, when I transferred to their major crimes department and had to begin working on some of the sexual assault cases involving women and children, I knew it wasn’t for me. I had a great mentor who was a true believer in the cause. She was able to stand up and zealously advocate for the alleged pedophiles and rapists of the world. I couldn’t. And as abhorrent as the conduct of these defendants was, they deserved to be represented by competent zealous counsel. That was not going to be me.” He also recalls asking his father, how he was able to stomach defending these types of sexual assault cases. “He told me he didn’t. He jumped from drugs to murder, and never defended those types of cases. He also told me ‘there’s no justice in the criminal justice system; go work on the civil side, make some money and do some good.’ And so I have. Over the past ten plus years, it’s the restorative aspect of what we do that I find most rewarding. For many of our clients, this lawsuit is all they’ve got left. By prevailing in these cases, we can often times give our clients a second chance at life. It is hugely rewarding to be part of that process and play a major role in giving someone a hand up so they can move on to do bigger and better things. A lot of what we do is help people make ends meet, after something horrible has happened.”

Insistent on Becoming Indispensable “I’ve been blessed to hone my craft at the feet of the best plaintiff attorneys every day, and I do everything I can to pay that forward every day,” says Schreiber. “Real trial lawyers supported me in trying cases, and we have never backed down from a tough fight.”

In fact, Schreiber’s own unwillingness to back down from a fight eventually landed him his position at Thorsnes Bartolotta McGuire, even though the powerhouse firm had a well-known reputation for almost never hiring associates right out of law school. As such, Schreiber says he set about to make himself indispensable. “I clerked for the firm my last year of law school. We were working on a construction defect case in Arizona, and I absolutely did not want to become a construction defect attorney in Arizona,” he says candidly. But he wanted more than anything to make himself indispensable. He printed and studied every construction defect case in Arizona and drew up briefs on all of them. “I read all of the case summaries, and became an Encyclopedia of Construction Defect laws and cases in Arizona. That was my toehold,” he says. Chuckling he adds, “I just never stopped showing up. Other clerks took months off to prep for the Bar, and I kept showing up at the firm, working 30 hours a week, and worked up until two weeks before the Bar. After the Bar, I just kept showing up. I felt like if I was out of sight I was out of mind. I think I wore them down. The partners seemed to realize ‘clearly you’re not leaving,’ and I became an associate as soon as I got my bar card in 2005.” By 2009, Schreiber was beginning to amass awards, and just six years after being licensed had earned the 2011 CASD President’s Award for Service. By 2013, the former surfer dude from South Florida had also made partner in one of the preeminent plaintiffs firms in San Diego. “I would put our track record in personal injury, medical malpractice, business, condemnation, construction defect and class action cases up against any firm in California. You cannot find a plaintiff’s firm in San Diego who has obtained larger verdicts, more awards and received more honors in as many practice areas as Thorsnes Bartolotta McGuire. We have the experience, know-how and resources that are unparalleled in San Diego. And despite a thirty-five-year tradition of success, we don’t sit on our laurels,” Schreiber says. “We bring a commitment to our cases and clients that is unparalleled. From the first time we sign up a client we are in the fight to the end. We go to therapy appointments, we visit them at home, we break bread together, we laugh, we cry, we get to know them on a deeper human level.”

In fact, it was the vow Schreiber made to fight for all victims of injustice which recently led him to pro-bono work in an effort to achieve civil remedies for the countless men and women who have been wrongfully convicted, after having been proven factually innocent of crimes. Specifically, Schreiber began working with the California Innocence Project, in helping to obtain justice for Reggie Cole, who was convicted of First Degree Murder, after what Schreiber calls “nothing short of a railroad job” and given a life sentence only to be found factually innocent, a victim of a misidentification and ineffective assistance of counsel. Unfortunately, while incarcerated, a fellow inmate, believing Cole to have been the true murderer of Felipe Gonzales, set about to kill Cole. Cole fought for his life, and in the process of self-defense, killed the inmate who attacked him. Cole, who by that point had no faith in the criminal justice system, pled to involuntary manslaughter, accepting time served, and was released from prison in 2010 after serving nearly 15 years in prison. “Reggie would never have been placed in the situation he was in, nor forced to do the things he had to do if he wasn’t wrongfully convicted from the start. Nevertheless, the state of California is wasting tax payer dollars trying to deny

Serving Victims of Injustice Comes Full Circle Schreiber has never forgotten the gratitude that his father’s criminally indigent clients expressed, after his father (who incidentally still tries cases in his new hometown in Austin, Texas) defended them in court. “Many of these people never had a chance. I remember Johnny Mack down by the Railroad Track calling our house and thanking my dad, and coming for dinner. Many of these ‘criminals’ were people in bad circumstances who made bad decisions, and had then gotten caught up in the system, and couldn’t get out,” he says. Attorney Journal San Diego | Volume 151, 2016

Contact Brett Schreiber Thorsnes Bartolotta McGuire LLP 2550 Fifth Avenue, Eleventh Floor San Diego, CA 92103 Phone: 619-236-9363 SCHREIBER@tbmlawyers.com www.tbmlawyers.com 20

Attorney Journal San Diego | Volume 151, 2016

EXPERIENCE

compensation to a factually innocent man claiming that he’s not entitled to compensation for eleven of his fifteen years of imprisonment based upon the involuntary manslaughter which occurred during the course of self-defense,” Schreiber says, with just a hint of bitterness. “$700,000 for spending nearly fifteen years in prison for a crime you didn’t commit and then being denied 2/3 of that civil compensation because he was forced to defend himself, is another example of how the justice system has failed this man over, and over again.” To that end, Schreiber reiterates his desire to pay forward his gratitude to be able to do a job that he loves, and that he is well compensated for, by helping those who have been grossly abused by the criminal justice system, governmental agencies, and other powerful entities. “It is not lost on me how lucky we are to do what we do, and to be compensated in the ways we are. It’s imperative to me that we never lose sight of that and always keep an eye towards helping those less fortunate.” He also says, “I hope to get more members of CASD involved in cases such as these during my tenure as President.” Furthermore, Schreiber hopes to eventually make these claims a significant portion of his pro bono practice, although he admits that right now things are a little busy. “My bride Shayna is my rock and there is no question that I couldn’t do what I do without her. Case in point, last year I disappeared for nearly two months during trial. Home, pregnant with our third, suffering from morning sickness and juggling a one- and three-year-old, Shayna held it down, in ways that I can’t even describe. As a psychologist she’s also the greatest sounding board for ideas, trial themes and insights on jury selection,” he says. Schreiber is noticeably enthusiastic when talking about his family life, which he says involves he and Shayna and their three little ones enjoying evenings of playing trains, Lincoln Logs, dollhouse, or having impromptu dance parties in the living room. “My three-year-old loves the worst, cheesiest house music ever. But we play it and we dance,” he says. Then once the kids are in bed, the two unwind with ‘trashy’ reality television, recapping their days, and trying to figure out how to avoid getting a mini-van, in the event that a fourth child joins the family. But, one thing Schreiber knows for certain: “If we get the mini-van, I already found the bumper sticker for it. It says, ‘I used to be cool,’ he says with a laugh. n

» EDUCATION • J.D., Thomas Jefferson School of Law ‘05 • B.A., Florida State University ‘01

» AWARDS AND ASSOCIATIONS • 2015 CASD Outstanding Trial Lawyer Award • 2015 SuperLawyers Rising Stars • 2015 San Diego Business Journal Best of the Bar • 2015 National Trial Lawyers Top 40 under 40 • 2014 National Law Journal’s Top 100 Verdicts in America • 2012 Daily Transcript’s Top Attorney Award • 2011 Daily Transcript’s Top Young Attorneys • 2011 CASD President’s Award for Service • 2010 Daily Transcript’s San Diego Top Attorney Award • 2009 Daily Transcript’s San Diego Top Attorney Award

» MEMBERSHIP • State Bar of California • Consumer Attorneys of San Diego • Consumer Attorneys of California • American Association of Justice.

McIntyre’s Civil Alert Organized Succinct Summaries by Monty A. McIntyre, Esq.

Monty A. McIntyre has over 30 years of experience as a mediator and arbitrator. More than 35 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

CALIFORNIA COURTS OF APPEAL Arbitration Gastelum v. Remax International, Inc. (2016) _ Cal.App.4th _ , 2016 WL 542698: The Court of Appeal dismissed the appeal because it was an appeal from a nonappealable order. After plaintiff sued defendants regarding her employment, defendants moved to compel arbitration. The trial court granted the motion to compel arbitration and stayed the litigation. Plaintiff then initiated the arbitration proceeding and requested defendant to pay the arbitration filing fee. Defendants refused to pay the arbitration filing fee, and the arbitration provider dismissed the arbitral proceeding after no arbitration costs were paid. Plaintiff then requested the trial court to lift its prior order staying the litigation. Defendants filed no contemporary motion or petition seeking an order compelling resumption of the arbitration proceeding. The trial court granted plaintiff’s motion and lifted the litigation stay. Defendants then appealed the order lifting the litigation stay, but an appeal from a litigation stay order, which is unaccompanied by a motion or petition to compel arbitration, is not appealable. (C.A. 2nd, February 11, 2016.) Monschke v. Timber Ridge Assisted Living, LLC (2016) _ Cal. App.4th _ , 2016 WL 364167: The Court of Appeal affirmed the trial court’s order denying a petition to compel arbitration in a case alleging wrongful death and elder abuse. The trial court properly denied the petition finding the wrongful death claim had been brought on behalf of decedent’s surviving children, and the children were not parties to a residency agreement containing an arbitration clause that was signed when decedent was enrolled in defendant’s facility. The trial court also properly declined to submit the elder abuse claim to arbitration because of the possibility of conflicting rulings. The Court of Appeal concluded that plaintiff, who signed the residency agreement for decedent, was not a party to the agreement because she did so as decedent’s power of attorney, not in her personal capacity. The Court of Appeal also rejected defendant’s argument that plaintiff, as personal representative of the estate, stepped in decedent’s shoes. As personal representative of the estate, plaintiff was asserting the wrongful death claim on behalf of decedent’s heirs, not the decedent. (C.A. 1st, January 29, 2016.) 22

Attorney Journal San Diego | Volume 151, 2016

Attorney Fees San Diego Municipal Employees Association v. City of San Diego (2016) _ Cal.App.4th _ , 2016 WL 490175: The Court of Appeal affirmed the trial court’s denial of attorney fees requested by four unions who had intervened in an action by the City of San Diego (City) against the San Diego City Employees Retirement System (SDCERS), where the City sought to compel SDCERS to increase City employees’ contributions to their retirement fund to share in covering an $800 million investment loss suffered by the fund. The unions intervened in the action. After the case settled, the unions moved to recover $1,785,147 in attorney fees under Code of Civil Procedure section 1021.5. The trial court properly denied the motion for attorney fees. SDCERS was the public agency whose job and function was to ensure the soundness of the city retirement system, and it was not acting as a volunteer in responding to this litigation brought by the City. Because SDCERS was carrying out its required public function, the Unions were required to show their intervention was material to the ultimate result to recover public interest attorney fees, and the trial court properly determined that the union’s services were not necessary. (C.A. 4th, February 9, 2016.)

Civil Procedure (Liens, Motion for Relief from a Judgment) Austin v. Los Angeles Unified School District (2016) _ Cal.App.4th _ , 2016 WL 527175: The Court of Appeal reversed the trial court’s denial of a postjudgment motion for relief after the trial court granted the unopposed motion for summary judgment filed by the Los Angeles Unified School District and two of its employees in plaintiff’s lawsuit alleging wrongful discharge in violation of California’s whistleblower statute, discrimination based on race, gender and age in violation of California’s Fair Employment and Housing Act (FEHA), and unlawful harassment in violation of FEHA. The trial court erred in refusing to consider the merits of plaintiff’s motion under Code of Civil Procedure section 473(b) because it was not signed under penalty of perjury. The Court of Appeal remanded the case to the trial court to consider on its merits plaintiff’s motion to vacate the judgment. (C.A. 2nd, filed January 25, 2016, published February 9, 2016.) County of Santa Clara v. Escobar (2016) _ Cal.App.4th _ , 2016 WL 364446: The Court of Appeal reversed the trial court’s order sustaining a demurrer without leave to amend in favor of

defendant Fresh Express, Inc. in an action by plaintiff County of Santa Clara (County) under Government Code section 23004.1 to collect on a statutory lien of over $1 million for treatment of defendant Escobar at Santa Clara Valley Medical Center. Escobar had sued Fresh Express in an earlier personal injury action and obtained a judgment of over $5 million. Fresh Express paid the judgment by sending a joint check payable to the County and Escobar’s counsel, but Escobar’s counsel refused to endorse the check over to the County. A satisfaction of judgment was filed in the personal injury action. The Court of Appeal concluded that the trial court erred in sustaining the demurrer. An adjudicated tortfeasor holding disputed funds it knows are encumbered by a public hospital lien cannot avoid liability by simply turning control of the funds over to the injured person. It must instead avail itself of the procedures provided for neutral stakeholders caught between rival claimants—most obviously the device of interpleader, under which it can deposit the disputed funds in court, requiring the contestants to appear and present their claims. It cannot turn disputed funds over to the injured person in a check payable to both contestants. By doing so, it satisfies neither the judgment nor the lien, and it remains subject to the statutory liability in favor of the county unless and until the county recovers the amount to which it is entitled under the statute. (C.A. 6th, January 29, 2016.) Orcilla v. Big Sur, Inc. (2016) _ Cal.App.4th _ , 2016 WL 542922: The Court of Appeal reversed the trial court’s order sustaining a demurer without leave to amend regarding two causes of action, but it affirmed the order regarding the other claims. After a nonjudicial foreclosure sale of their home, plaintiffs sued defendants alleging 13 causes of action. The trial court erred in sustaining the demurrer to the causes of action for wrongful foreclosure and violation of the unfair business competition law. The demurrers to the other causes of action were properly sustained. (C.A. 6th, February 11, 2016.)

Construction (Mechanic’s Liens) Hub Construction Specialties, Inc. v. Esperanza Charities, Inc. (2016) _ Cal.App.4th _ , 2016 WL 489628: The Court of Appeal reversed the trial court’s dismissal of plaintiff’s action for failure to strictly comply with the mechanic’s lien statutes. The defendant stipulated that the notice was served by certified mail, that the U.S. Postal Service website tracking certified mail items showed the notice was delivered, and that defendant actually received the notice. Despite these stipulations, the defendant contended, and the trial court agreed, the lien was invalid because plaintiff had no return receipt. The Court of Appeal reversed, holding that, while strict compliance with the notice provisions of the mechanic’s lien law is required, the applicable precedents do not require or justify applying that rule to the statutory provisions governing proof that the required notice was properly given. A stipulation eliminated the need for proof. Where it is stipulated that notice was given in the statutorily prescribed manner, to require further proof would elevate form over substance to a degree that cannot be countenanced in light of the long-established principle that

the mechanic’s lien law is “remedial legislation, to be liberally construed for the protection of laborers and materialmen.” (C.A. 2nd, February 8, 2016.)

Contracts Unilab Corporation v. Angeles-IPA (2016) _ Cal.App.4th _ , 2016 WL 374988: The Court of Appeal affirmed the trial court’s summary judgment for defendant. Plaintiff sued defendant for $174,134.28 for tests mistakenly ordered by physician members of defendant after the contract between plaintiff and defendant had ended. The referral of specimens to plaintiff by physicians who either misidentified the patient’s IPA/payor or failed to identify an IPA/payor at all did not create an implied-in-fact contract that defendant would pay for the tests. Plaintiff had no implied-in-fact contract claim because any benefit conferred upon defendant, which did not cause the misdirection of the specimens to plaintiff, was unintended. Because plaintiff had no understanding or expectation of payment of unauthorized post-contract tests, the summary adjudication of the quantum meruit claim was also proper. (C.A. 2nd, filed January 13, 2016, published February 1, 2016.)

Employment Austin v. Los Angeles Unified School District (2016) _ Cal. App.4th _ , 2016 WL 527175: See summary above under Civil Procedure. Gastelum v. Remax International, Inc. (2016) _ Cal.App.4th _ , 2016 WL 542698: See summary above under Arbitration.

Government (Liens) County of Santa Clara v. Escobar (2016) _ Cal.App.4th _ , 2016 WL 364446: See summary above under Civil Procedure.

Insurance AMCO Insurance Company v. All Solutions Insurance Agency, LLC (2016) _ Cal.App.4th _ , 2016 WL 490134: The Court of Appeal reversed the trial court’s summary judgment for defendant, an insurance broker who allegedly failed to obtain coverage requested by his client, and who was sued by an insurance company and neighboring business owners who were assigned the rights to sue the broker by the broker’s client as part of a settlement of a property damage claim. The Court of Appeal ruled that a client’s causes of action against an insurance broker or agent are assignable. It concluded that, because the assignees (an insurance company and neighboring business owners) did not issue an insurance policy to the assignor (the insurance broker’s client), they were never potential equitable subrogees of the assignor and their contractual assignments were not subject to the rule of superior equities. And, the Court of Appeal held that the client and the employees of the insurance broker disagreed over who said what to whom and when it was said, and there was a triable issue of material fact about whether the client requested the insurance broker to obtain insurance coverage before the fire. (C.A.5th, February 8, 2016.) n Attorney Journal San Diego | Volume 151, 2016

The Biggest Crime in Law Firms by Stephen Fairley

Two-time international bestselling author, Stephen Fairley is CEO of The Rainmaker Institute, LLC, the nation’s largest law firm marketing company specializing in marketing and lead conversion for small to medium law firms. Over 10,000 attorneys nationwide have benefited from learning and implementing the proven Rainmaker Marketing System. Over the last 12 years, he has become a nationally recognized legal marketing expert and been named, “America’s Top Marketing Coach.” He has spoken numerous times for over 35 of the nation’s largest state and local bar associations and has a large virtual footprint with his highly successful Rainmaker legal marketing blog and has over 150,000 followers on Facebook, Twitter and LinkedIn. For more information, please visit www.TheRainmakerInstitute.com or call 888.588.5891.

he biggest crime in law firms today goes unnoticed by most outsiders. It is not reported in the media. There are no police reports filed and firms don’t even mention it on their websites. People don’t talk about it on the street and partners often overlook it. Even though this crime is rampant, its presence is so subtle that many attorneys fail to recognize when it is happening. Unfortunately, this crime is the same one that is most likely to kill a small law firm. It is not stealing by employees, burglaries, or client complaints. The biggest crime in law firms today is the crime of being forgotten. Think about it: you can recover from most other crimes by installing an alarm system, filing a lawsuit, or buying insurance, but if your firm falls victim to the crime of being forgotten, it is on the fast track to failure. There are opportunities every day for your firm to be forgotten by existing clients, potential clients, your best employees, referral partners, and the media.

SIGNS OF THE CRIME Here are some signs that your firm has fallen victim to the crime of being forgotten: • Decrease in year over year revenues • Less than 5,000 people a month visiting your website • Less than a dozen inquiries every month from prospective new clients • Losing large or long-term client accounts • High staff turnover • Inability to attract and retain top people • No mention of your firm in the media in the last 3 months • Less repeat business from clients • No word of mouth referrals coming in the door 24

Attorney Journal San Diego | Volume 151, 2016

STEPS TO SOLVE THE CRIME There are many things you can do as an attorney to help people remember you. I am not of the opinion that hiring a big PR company or spending enormous amounts of money are the only solutions. Here are some simple, low-cost things you can implement today:

1. Focus on the question that every client wants to know: What’s in it for me? At the end of the day, every client is selfish (like you didn’t already know that). With so many things out there vying for their time, attention and money, they have become more and more cynical and self-centered. This is not necessarily a bad thing, but more a self-protective measure. Your job as an attorney is to tell them what your service can do for them personally and remember- they do not want to spend time looking for the answer. The answer to this question must be one of the first things your clients see on your website and in your firm-wide communications. If your clients are going to remember you, you must first answer the question “What’s in it for them?” ACTION STEP: List every benefit, value, and result your client receives from your services. Closely examine all of your firm’s communications with a critical eye. How accurately and consistently are you answering this question to all of your clients and prospects?

2. What differentiates your service from everyone else? For every service you provide there are hundreds if not thousands of other attorneys who can provide the same services that you can. So why should someone hire you versus your competitor across the street or down the suite? In other words, what is your UCA—your “Unique Competitive Advantage”? What can a client get from you that they cannot get from anyone else? Perhaps it is your credibility or the creative way you bring solutions to your clients. You must determine what differentiates your firm from anyone else and market that point. When creating your UCA, one of the keys is to not use either quality or service. The reason is that every attorney says they provide quality and service (even though we know they don’t). Therefore quality and service have become meaningless when it comes to differentiating your service because every client expects quality and service and will not do business with any attorney that doesn’t have both already. Your UCA must be creative, yet accurately reflect who you are, what you offer that no one else does, and most importantly, directly addresses the challenges of your target market. ACTION STEP: Set aside a few hours this week to brainstorm with your partner and employees on what your firm offers that other competitors do not. Do some research to find out how other firms in your field are differentiating their firm.

3. All of your communication must be emotionally impactful. Anyone can quote statistics or develop an advertisement on a cognitive level, but the most effective way to ensure a lasting impact on your clients is to communicate with them on an emotional level. You must find their “pain.” What is it about their business, life, family, time, or environment that is causing pain? Are they not working or working too much? Is their business growing too fast or too slow? Is their family falling apart? Do they have a hard time tracking their employees? Find their pain and communicate with them on an emotional level about how you can help heal their pain and make their business, life, family, time or environment pleasurable. ACTION STEP: List all of the things you want your clients to feel when they think of your firm: excitement about the future, more secure, more time, better organized, safer, etc. Evaluate how well your current communication creates this feeling and specific areas where you want to improve.

4. Distinguish your benefits from your features and communicate them clearly. Features are what your service does. Benefits are why your client needs your service. For example, one famous company advertises “our servers allow your website to be up and running 99.999% of the time.” That is a feature, but you must also tell your client what

the benefit of this is to them. Well, if their on-line business sells $200,000 worth of product every day, then being on-line only 98% of the time will cost them serious money in lost sales. For every feature you have, you must tell your client what the benefit is. Is your firm better, faster, guaranteed or more personal? Will your service create more clients, decrease turnover, or increase profit margins? These are all great features, but you must tell your clients how this benefits them specifically. Get in front of your potential market and detail your specific benefits. Build value into what you do and how you do it. If you fail to clearly communicate what your benefits are to your clients, rest assured—your competition will. ACTION STEP: Take a piece of paper and draw two columns on it. Label one side “Features” and the other “Benefits.” List all of the features of your firm and service and for every feature state what the benefit is to your target client. Integrate these statements into all of your communication efforts on a regular basis.

5. Reduce the risk of working with you. Many of our clients work at small law firms that have services similar to those at larger, more established firms. Why should your potential client buy your service over the big firm’s service? Are they taking a risk with a firm that may not be around 5 or 10 years from now? Is it just because you offer a lower price? While no one can predict the future of your firm, the attorney recognizes the need to develop creative ways to reduce the risk of their clients in working with them. How could you lower the risk of your clients if they are concerned about working with a solo practitioner or a small law firm? ACTION STEP: List what you and your firm are doing to reduce the risk potential clients see in working with a small legal firm. How have you achieved success with other clients? Do you have a strong reference list?

6. How effective is your cheapest form of marketing- your business card? Your business card is the cheapest form of marketing. I buy 5,000 new business cards every year and make it my goal to pass out all of them. Most attorneys make the mistake of only using the front side of their business card and leave the biggest part (the back) completely untouched. Examine your business card as if you were one of your target clients. Does it tell them succinctly who you are, what you do and how you can help them? If not, perhaps it is time to redesign it. Use the back of your card to focus on the benefits, results, and value you bring your target market. ACTION STEP: Ask several of your existing clients what they think of your business card. What does it say to them? Is it memorable? How could you improve on it? Thank them for their suggestions and implement them in your redesign. n Attorney Journal San Diego | Volume 151, 2016

We are an award-winning boutique firm specializing in Personal Injury, Civil Litigation, and Employment Law. We have a wealth of experience and expertise in each practice area, enabling us to comprehensively and aggressively advocate for clients. More than that, we cater our representation to our clients—not the other way around. Lead Attorney Pajman Jassim has a perfect 10.0 Avvo rating, and in 2015 was named a Super Lawyers Rising Star, a San Diego Best Attorney by San Diego Metro magazine, and a Rising Star finalist in the General Counsel Awards by the San Diego Business Journal. Referral fees are paid as allowed by law. Please contact us at 619-630-2680 or admin@jassimlaw.com to schedule a complimentary consultation.

Emerald Plaza • 402 West Broadway, Suite 1120 • San Diego, CA 92101 • jassimlaw.com

LUDWIG LAW CENTER, INC. The Small Firm Making a Big Difference! • Domestic violence

• Modifications

• Mediation services

• Custody visitation

• Dissolutions

• Restraining orders

• Property settlements

• Paternity action

• Guardianship

• Pre-marital and postmarital agreements • Business Litigation

Ludwig Law Center offers a variety of family law services to all courts in Orange County, San Diego County, Los Angeles County, Riverside County and San Bernardino County. Using our knowledge and experience, we work hard for your referrals. We are committed to seeing our cases through to their final resolution. LudwigLawCenter.com | 714-283-1023 | LudwigLawCenter@Hotmail.com | Referrals Paid

Attorney Journal San Diego | Volume 151, 2016

The number of San Diego attorneys recognized among California’s Top 25 Plaintiffs Lawyers

Congratulations CaseyGerry partners David S. Casey, Jr. and Robert J. Francavilla for this well deserved recognition by the Los Angeles Daily Journal.

www.caseygerry.com Dedicated to the Pursuit of Justice since 1947. SERIOUS PERSONAL INJURY, MARITIME, AVIATION, PRODUCT LIABILITY, CLASS ACTION, MASS TORTS AND PHARMACEUTICAL LITIGATION San Diego Office – 110 Laurel Street, San Diego, CA 92101 | 619-238-1811 | 800-292-5865 North County Office – 120 Birmingham Dr., Ste. 120E, Cardiff by the Sea, CA 92007 | 760-743-8448

ELG Will Help Him Weather The Storm

Peterson Reporting. Providing nationwide service since 1986.

The Preferred Referral for Executives and Professionals!

ELG

From day one of your

Reporting

deposition to the last day

Videography

of your trial, Peterson Reporting

Trial Presentation

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

Free Conference Rooms Live Streaming Services Video Conferencing Services

for more than 25 years. Locally owned, globally known.

Global Reach Complex Cases Accurate, Fast

® ✓Crisis

Executive Law Group®

Legal Services for Executives and Professionals in Transition

Counseling

✓Severance Packages ✓Employment Contracts ✓Litigation

Refer executives and professionals to execlaw.com or contact us toll-free for a free pre-consultation.

888.920.EXEC (3932) 28

Attorney Journal San Diego | Volume 151, 2016

R. Craig Scott, Esq. Founder and Managing Partner “AV Preeminent® ” Rated

530 B Street, Suite 350 San Diego, CA 92101

619 260 1069

Since 1986 petersonreporting.com Call to request green delivery of your transcripts and receive a discount.

Peterson AttJrnl HPV.indd 1

7/12/13 5:04 PM

The New Face of Employee Retention by Jeff Wolf

here is a major shift occurring in the turnover rate of managers. The new survey from Mercer found that 37% of all workers— regardless of their satisfaction level—are seriously considering leaving their organizations, up from 33% of the workforce who were considering leaving in 2011…The new twist is that the inclination to leave is increasingly detached from employees’ satisfaction with jobs, pay, and even growth opportunities. Employers need to shift their talent strategies to understand the modern terms of engagement from the most productive employees. For lack of a better description, the higher level of turnover can be attributable to managerial restlessness coupled with an attraction to outside opportunities. Sort of a “grass is greener” state of mind. The problem now becomes what to do about it. Let’s examine this from the perspective of workers, supervisors/managers, and executives.

Workers To increase retention and build loyalty during that critical first year of employment, start building the relationship between new hires and their supervisors and department managers. And be sure to continue that work beyond the first year! Develop an employeeoriented culture which focuses on the needs of workers in tandem with the needs of the company. Don’t just delegate work; delegate as many decision-making powers to those frontline workers as they’re able to handle. When workers have the authority to make important decisions regarding their own workstations, they feel like part of the organization, and they are more likely to remain part of the organization. By empowering workers, you allow them to produce outstanding work. When you fail to empower them, barriers are created that are difficult to overcome. If these barriers remain long enough, your talented workers—those you can least afford to lose—will find work elsewhere.

Supervisors/Managers/Specialists As with workers, retention starts with culture. People want to work for a company that has high values, ethics, and honesty. If you want to keep your top talent, you will need to create an inspiring and energizing culture where supervisors, managers, 30

Attorney Journal San Diego | Volume 151, 2016

and specialists can thrive. By doing this, you empower and encourage this important group to aspire to do great things and be innovative—and then you reward their successes. And be certain you place them in the right positions. All too often, we place people in jobs for which they’re not suited, setting them up for failure and dissatisfaction. A specific job may not be challenging enough or individuals may lack the required skill sets. We always want to make sure the fit is correct.

Executives For this key group, identify those who play key roles in the future of your company; those are the executives you absolutely must retain. Offer one-on-one coaching and high-level executive development programs to enhance and refine their management skills. Provide them with challenging stretch assignments, exposure to the boardroom, and the opportunity for global assignments that allow them to experience diverse cultures. And provide them with opportunities for progression. In summary, company leaders can improve retention by demonstrating their concern for employees at all levels of the company. Nothing less will suffice. This is the face of the new reality in employee retention. n Jeff Wolf is founder and president of Wolf Management Consultants, LLC, a premier global consulting firm that specializes in helping people, teams and organizations achieve maximum effectiveness. Considered one of the most comprehensive consulting, coaching and training firms in the world, we provide services to organizations of all sizes, from small businesses to international conglomerates. WMC partners with clients to deliver customized solutions that resolve their most significant issues and create a lasting competitive advantage. Jeff’s first book, Roadmap to Success, with management gurus Ken Blanchard and Stephen Covey, is now in its second printing. His latest book, Seven Disciplines of a Leader, captures the distilled insights of Jeff’s 14 years of coaching and training hundreds of leaders at all levels in dozens of industries.

“Rick is one of the best lawyers in the country. I call him every time I have any issue in Nevada and would not hesitate to refer him any type of case of any size. We recently settled a significant case in Nevada after two days of mediation. Rick was masterful in dealing with the retired judge mediator, the defense team, and our clients, and he maximized the recovery. Whenever I need anything in Nevada, the Richard Harris Law Firm is there for me.” ~ C. Michael Alder, Esq., Alder Law

CAALA Past President and Trial Lawyer of the Year 2004 Los Angeles, California

“I recently co-counseled a serious Las Vegas injury case with Rick Harris and his law firm. Rick’s advocacy and skills are extraordinary, and were instrumental in resolving and maximizing our client’s sizable recovery. The case was expertly worked up, litigated, and masterfully mediated. Everyone I worked with on Rick’s team was outstanding. For either a referral or a co-counsel arrangement, I wholeheartedly recommend Rick and the Richard Harris Law Firm for any Nevada case.” ~ Carl Wolf, Esq., Callaway & Wolf Northern California Super Lawyer 2010 San Francisco, California

PRSRT STD U.S. POSTAGE

PAID

Post Falls, ID PERMIT NO. 32

UNRIVALED JURY VERDICTS SET T L EM E N TS PERSONAL SERVICE REFERRAL FEES

PANISH SHEA & BOYLE is happy to discuss how

we may assist you in your case. Please contact

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

WWW.PSBLAW.COM

310.477.1700

1.877.800.1700