Attorney Journal, San Diego, Volume 147 by Attorney Journals

SAN DIEGO

Volume 147, 2015 • $6.95

The Biggest Marketing/Sales Obstacle Lawyers Face

Mike O’Horo

Relationship of Leadership to Management in a Law Firm

Joel A. Rose

How to Generate New Law Firm Clients Using Speaking and Seminars

Stephen Fairley

How to Improve the Odds of Success in Recruiting Lateral Entries

Bob Denney

PROFESSIONAL PROFILE OF THE MONTH

Forensic Technologies Inc., San Diego

“When the Truth Really Matters”

Law Firm of the Month Ludwig Law Center, Inc., Servicing San Diego County

Eric & Michelle Ludwig L VE & MARRIAGE

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2015 EDITION—NO.147

TABLE OF CONTENTS 6 Relationship of Leadership to Management in a Law Firm by Joel A. Rose

PROFESSIONAL PROFILE OF THE MONTH 10 Forensic Technologies Inc., San Diego “When the Truth Really Matters”

by Karen Gorden

14 COMMUNITYnews EXECUTIVE PUBLISHER Brian Topor

CREATIVE SERVICES Skidmutro Creative Partners

by Jennifer Hadley

CIRCULATION Angela Watson PHOTOGRAPHY Chris Griffiths

STAFF WRITERS Jennifer Hadley Bridget Brookman Karen Gorden CONTRIBUTING EDITORIALISTS Bob Denney Stephen Fairley Mike O’Horo 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

LAW FIRM OF THE MONTH

16 Ludwig Law Center, Inc., Anaheim Hills Love & Marriage

EDITOR Wendy Price

24 How to Improve the Odds of Success in Recruiting Lateral Entries

22 The Biggest Marketing/ Sales Obstacle Lawyers Face

by Mike O’Horo

by Bob Denney

26 How to Generate New Law Firm Clients Using Speaking and Seminars by Stephen Fairley

ADDRESS CHANGES Address corrections can be made via fax, email or postal mail. Editorial material appears in Attorney Journal as an informational service for readers. Article contents are the opinions of the authors and not necessarily those of Attorney Journal. Attorney Journal makes every effort to publish credible, responsible advertisements. Inclusion of product advertisements or announcements does not imply endorsement. Attorney Journal is a trademark of Sticky Media, LLC. Not affiliated with any other trade publication or association. Copyright 2015 by Sticky Media, LLC. All rights reserved. Contents may not be reproduced without written permission from Sticky Media, LLC. Printed in the USA

RELATIONSHIP OF LEADERSHIP TO MANAGEMENT IN A LAW FIRM By Joel A. Rose

eadership and management need to exist in every financially and professionally successful law firm. The terms “leadership” and “management” are not synonyms. In simplistic terms, the leadership role is the ability of an individual or group of partners to influence other partners and associates to follow in the achievement of common goals. Management, on the other hand, is the coordination by the managing partner and/or management committee of the cooperative activities of all or most of the attorneys by executing the functions of planning, control, organizing, staffing direction and taking corrective actions, as required. Good law firm management cannot be achieved until all the partners agree to subordinate some of their independence to a managing partner or a management committee. The partners must strike a balance between their rights as owners and their responsibilities as members of the firm. They must relinquish some personal prerogatives to achieve the overall results that they would not be able to attain on their own. Some law firms are financially successful despite the managerial abilities of their partners. These firms have attracted highly skilled attorneys who are able to perform high-quality work for financially successful clients. However, in today’s highly competitive environment in which most firms practice, the fact that partners may be high-quality lawyers is not enough. Leadership and sound management practices are required to manage the firm’s resources, ensure adequate cash flow and develop and implement the marketing and planning processes. In theory, all partners are created equal. By dint of partnership status, they are accorded the same rights and privileges. However, as many firms quickly discover, that is simply not the case in practice. Invariably, each of the partners has his or her own idea about how to perform their job and exercise their authority accordingly.

MEMBERS MUST BE WILLING If a firm is to continue to be professionally and financially successful, a designated leader, whether a managing partner or management committee, will not succeed unless and until all attorneys in the firm recognize that the impetus for successful management is derived from the willingness of all firm members to be governed. 6

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The partners must also recognize that managing a firm, either as the managing partner or a member of a committee, is as important and as complex as performing client work. In some firms, the leadership role is assumed easily and quite naturally either because the individual is a founding partner or because he or she controls a significant client base. In firms where the partners are relatively young and inexperienced, the process of natural selection, as it were, may be somewhat more difficult. In situations in which no partner surfaces as a natural leader, or no one wants the job, the firm must take aggressive action if it wishes to grow and satisfy the professional, economic and personal objectives of its members.

WHAT KIND OF MANAGER? The firm must make some hard-and-fast decisions about the kind and type of leadership that is required and what the members are willing to live with. Should the general partnership elect a managing partner? Should this individual be appointed by the management committee? Sometimes, the size of the firm will preclude this particular dilemma. The small firm is in a position to establish a democratic form of governance that includes all the partners in a leadership role. Where that is not practical, the partners face a difficult choice and risk setting up two formal or informal power centers. This will create great potential for dissension and divisiveness since the camp will inevitably follow its choice of leadership when given the opportunity to make the selection. What kind of individual makes a good leader? Generally, lawyers are not recruited to a law firm on the basis of their interest or skills in leadership. And more often than not, they are not trained by the firm in those skills. Consequently, lawyers’ skill and interest in leadership vary greatly. As a result, the composition of any management committee will consist of attorneys who are good leaders and those who are not. For as relevant as leadership skills are when an attorney is being selected to serve as managing partner or as a member of a management committee, they are not necessarily the only factors that should be considered. It may be equally as important, or perhaps more so, to provide equitable representation on the committee to all the different groups of lawyers that make up a law firm. Continued on Page 8

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Attorney Journal San Diego | Volume 147, 2015

THE REQUISITE QUALITIES The requisites for leadership are, in this day and age, well known: • The leader must garner respect and support, be an excellent communicator and have clout and wield it when necessary. For practical reasons, it may be difficult for a junior partner to be a successful managing partner. The managing partner must keep the objectives of the firm in proper perspective. He or she must be able to rise above self and understand that the good of the firm must come first. • The managing partner must be able to make decisions and have them stick. The managing partner must want to manage the firm. Many partners want to have a great deal of say in firm operations, however they stop short of following up on their advice or opinions with any sort of recognizable action. This kind of management by debate leads many a management committee down the blind alley of endless discussions and meetings. That is not the way to manage a law firm and it is not what most lawyers want to do in their professional lives. • It generally can be agreed that both the managing partner and members of the management committee, as lawyers, want to practice law. The amount of time available for management is limited and must be used wisely. • While there are responsibilities that the committee and managing partner should fulfill, their principal role should be to make sure the important aspects of the firm’s operational activities are being managed. • There are some management functions that need to be performed by the managing partner or the management committee that normally should not be delegated. There are other tasks that may be performed by either of these lawyer managers, but that may also be performed by other lawyers or a qualified law firm administrator. • Assigning the responsibility for various functions should depend on making certain that the managing partner and the committee are charged with those functions that require their specific talent, energy and interest. Where the responsibility for those other functions is placed should depend on the firm making certain that the managing partner or the management committee have time to perform the functions that only they can perform before they take on additional responsibilities.

CHARTING A COURSE In assessing his or her role, the managing partner needs to realize that attorneys’ expectations regarding the practice of law may well be different from the expectations that attorneys held a decade ago. These expectations may have changed in regard to hours of work, specialization, income, risk, independence and ethics. Today’s attorneys have a greater desire to know the reasons behind decisions and to participate in decision-making. The managing partner has to consider how the generational 8 Attorney Journal San Diego | Volume 147, 2015

backgrounds and financial expectations of the new crop of attorneys have changed, and how these changes may be reflected in their attitudes, needs and financial goals. Ultimately, these changes will be reflected in the firm’s culture, how it will be managed and partners’ expectations of other partners and associates. One of the significant problems in today’s law firms is the paucity of leadership. There are plenty of partners who may be capable of managing the firm, but their leadership component is lacking. I have consulted with many law firms in which current midlevel and younger partners referred to certain senior partners as being the “heart and soul” of their respective firms. The former partners do not believe most of the other active partners have the leadership skills that are possessed by the senior partners. It has been my experience that those managing partners who position themselves as firm leaders and who are eager to listen to the opinions, advice and feedback from other partners, key thought leaders and by meeting “one on one” with every partner in each of the firm’s offices at least quarterly, or more frequently, as required or the opportunity warrants, have been very successful establishing and reinforcing their personal, enhanced working relationships and leadership role with the partners, especially since the development and reinforcement of personal relationships facilitate the level and quality of communications. As such, many of the more enlightened managing partners and members of management committees make it a priority to communicate with other members of the firm. Many of these successful managing partners who are perceived by their partners as leaders manage the firm by “walking the halls” and visiting their firm’s other offices and speaking with partners and associates as a major component contributing to successfully enhancing communications between themselves and the attorneys.

CONCLUSION In the final analysis, it is the work that binds and unifies the partners and associates. The leadership skills possessed by the prudent managing partner or members of the firm’s management committee will recognize the need to chart a course that mediates between the requirements of the practice of law and professional, personal and financial objectives of those attorneys who will perform the work. n Joel A. Rose is a certified management consultant and president of Joel A. Rose & Associates Inc., management consultants to law firms based in Cherry Hill, NJ. He has extensive experience consulting with private law firms, and performs and directs consulting assignments in law firm management and organization, strategic and financial planning, lawyer compensation, the feasibility of mergers and acquisitions, and the marketing of legal services. He may be contacted at jrose63827@aol.com, 856-427-0050 or 800-381-1645, Fax: 856-429-0073.

“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

JOURNAL OURNAL

FEATURED PROFESTSHIOENMAOL NPRTOFILE

2015

“When The Truth Really Matters” Forensic Technologies, Inc. Ensures Attorneys Aren’t Leaving Anything to Chance When it Comes to Mobile Device Forensics and Cell Tower Mapping by Karen Gorden

“We have our whole lives on our phones. People really don’t do anything without their phones. The amount of data stored within mobile devices is enormous, who’s talking to whom, where are they or have they been?” says James Kitt, Chief Technology Officer at Forensic Technologies, Inc. (FTI). To that end he says, “We want to make sure that attorneys aren’t leaving anything on the table when it comes to their cases. They don’t always understand exactly how much power they have at their fingertips.” Furthermore, he can’t emphasize just how important it is to have a comprehensive mobile device forensic examination conducted early on, as part of the attorney’s case strategy. To explain the difference between a standard forensic examination and those conducted by FTI, Kitt says “I know it sounds cliché but, we really do go the extra mile for our clients. We don’t just push a button and hand over results. We dig deep in the data to ensure our clients have the most complete view of their case, and most evidence available. We have more mobile device forensic platforms than any of our competitors. We offer JTAG for data recovery when other tools fail, and we’re the only company that we know of in San Diego or Orange County who offers this.” As former Special Agent for the Virginia State Police, Bureau of Criminal Investigation, and a former State Trooper for the Tennessee Highway Patrol, FTI’s Chief Executive Officer Darryl Bullens is no stranger to the legal system nor to the forensic 10

Attorney Journal San Diego | Volume 147, 2015

technology space. He’s served as an expert witness time and again, and is highly regarded for his polygraph services, which he’s conducted nationwide. Similarly, Kitt is a former Military Police Officer, Intelligence Professional and Investigative Specialist. Both have been involved in forensic technology for years. But in early 2015, the two decided to focus their efforts primarily on mobile forensics, and Cell Tower Mapping as their expertise in these specific digital examinations have proven invaluable to attorneys, often revealing the proverbial “silver bullet” which makes or breaks a case.

PROVIDING A CLEAR, COMPLETE VIEW OF THE CASE When attorneys come to FTI for mobile forensic examinations, instead of running a tablet, iPod, or cell phone through the industry standard Cellebrite program, Kitt, Bullens and their team run an entire suite of programs on mobile devices for attorney clients in the practice areas of Personal Injury, Employment/ Corporate Law, Criminal Law, and Family Law. In addition to being Certified Examiners for Cellebrite UFED4PD, Oxygen Forensic Suite, Blacklight, and Lantern, they utilize programs including iOS Toolkit, MobileEdit, IEF (Mobile Artifacts, Business Application & OS Artifacts, and Triage Modules) and more. When necessary they are also certified in JTAG, Training through Teel Technologies. Moreover, the company is in process

©Bauman Photographers

to be approved by the State Bar of California to provide MCLE Courses in the subject of Mobile Forensics and plan to offer a course on Cell Tower Mapping in the near future as well. Kitt acknowledges that the science behind the data recovery is, frankly, unimportant and irrelevant to most attorneys. That’s why at FTI, Kitt says, “We take the tech out of technology. We position ourselves as an attorney’s computer. Nobody turns on their computer and wants to know exactly how a program is communicating with the motherboard. We are like the computer. We ‘talk’ to the device to retrieve data, and we relay the data in easy to understand reports or production to the client.” For example, “We may have a Personal Injury attorney who has an injured client who was T-boned at a traffic light. In most cases the attorney would go through the normal processes of reconstructing the accident, checking road conditions, etc. However, if the attorney comes to us and requests a mobile forensic examination, we are able to determine to a large degree what activity was transpiring at the time such as checking emails on the phone, texting, what if any devices may have been plugged into the phone such as earphones. We can tell if navigation apps are running and if they are running on a Bluetooth or on speaker. We are not attorneys, but there are laws in place prohibiting distracted driving,” Kitt says. Employment cases that have been resolved or dismissed as the result of the forensic examinations that FTI has conducted include a recent sexual harassment case wherein an employee accused her superior of inappropriate conduct. “The examination revealed that the supervisor had sent text messages to his employee, but there was nothing inappropriate in the text messages. According to Kitt, “This kind of thing happens more often than you’d think.” Unfortunately, he says that many companies facing similar claims choose to settle such cases, in order to avoid bad publicity, when for a fraction of the settlement they can potentially prove such an incident never occurred. Fraud, Intellectual Property, and Trade Secret violations are also routinely uncovered by FTI during the course of a mobile forensic examination. Not surprisingly, their reputation and longevity in the forensic space has also earned them the business of government associations including the San Diego County Probation Department, the San Diego County Sheriff’s Department, the U.S. Federal Probation Department, Imperial County Sheriff’s Department, Carlsbad Police Department, Oceanside Police Department, La Mesa Police Department, and many others.

REPORTING OF RELEVANT INFORMATION Needless to say, there are times when evidence is revealed during FTI’s forensic examinations that is not in the attorney client’s favor. Whether a defense, prosecution, personal injury or other case no attorney wants to be blindsided with detrimental information on his or her client. For that reason, FTI will notify the Attorney as quickly as possible, (rather than waiting the completion of the exam and

the full report) to give the attorney the opportunity to address the issue(s) with their client. “This is why it’s so important for us to be brought in at the earliest possible time.” Kitt says. “It gives the attorney time to deal with these speed bumps in the case and decide whether justice will be served by proceeding in this manner, settlement, dismissal or other strategy”. When the examination is concluded FTI will provide a relevant report in an easy to understand method of the attorney’s choice. “We can provide a verbal, PDF with links, an HTML report that opens only in a browser and not on the internet, and/or we’re happy to provide a report in an excel spreadsheet which can be imported to their e-discovery case programs such as LexisNexis® Concordance or others.”

CELL TOWER MAPPING AS CRUCIAL EVIDENCE Criminal cases in particular may rely heavily on Cell Tower Mapping, although it is often not used as thoroughly as it could be. “Attorneys aren’t getting what they could be getting from Cell Tower Mapping,” says Kitt. “Carriers will only provide the information that is requested and a subpoena generally doesn’t cover the necessary details needed to provide the best results.” As such, attorneys can easily obtain court orders for cell phone records from carriers such as Verizon, AT&T, Sprint and others to gain the required details. Unfortunately, according to Kitt, after receiving the records, many attorneys and/or their staff don’t know what to do with the data and those who take the time to try and figure it out, merely plug the results into Google Maps, which doesn’t tell the full story. “Attorneys need to be obtaining court order for Subscriber Detail Records. The carrier will only provide what you ask for, but there is much more information available. We provide attorneys with the precise language they need in order to get the court order for the Subscriber Detail Records. From there, we create a timeline which shows in motion exactly where a client is at what time.” For example, in a recent case, FTI was engaged by a criminal defense attorney for their expertise in Cell Tower Mapping. “We were able to show that the attorney’s client, who was already charged with robbery and headed to trial, was 11.6 miles from the scene of the crime within 2 minutes of the commission. This evidence was shared with the DA’s office and charges were immediately dismissed,” Kitt says. Not surprisingly, the experts at FTI have been called upon to testify as expert witnesses in the past. As such, in order to ensure integrity, FTI does not operate on a “pay if we find something system,” says Kitt. Instead, the cost for each device is a flat rate so that the client is not surprised by a bill in the end. “In some cases, a particular device or a complicated case may take an inordinate amount of time and we feel that the law of averages gives the client the best value.” However, they do not charge for phone calls, or emails and are happy to answer questions at no charge. “Whether an attorney hires us or not, we pick up the phone and answer their questions,” Kitt says. Moreover, FTI has helped Attorney Journal San Diego | Volume 147, 2015

attorneys working on Pro-Bono cases, without charging them either. Kitt laughs recalling the giant box of Omaha Steaks that arrived at FTI’s office recently after he and Bullens refused to accept payment from an attorney working a Pro-Bono case. In that case, the attorney asked the other side’s expert the questions Kitt and Bullens suggested she ask, and the judge consequently threw out the evidence that had earlier blindsided the attorney.

THE FUTURE OF MOBILE FORENSICS FOR ATTORNEYS IN SOUTHERN CALIFORNIA “We want attorneys to know that all too often they are only scratching the surface of what can be found in a thorough mobile forensic examination. So many attorneys are not getting what they could be getting from mobile forensics. What we do is a lot like the T.V. show CSI, but without the blood, and the case isn’t solved in an hour,” Kitt jokes. But make no mistake, Kitt strongly encourages attorneys to begin mobile forensic evaluations and Cell Tower Mapping services early in their cases. “A full mobile forensic examination can take a week, and accurate Cell Tower Mapping can take

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

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7-10 days. If there are multiple devices involved, it can take longer.” Moreover, Kitt says that because FTI prepares every case as if it will be going to trial, it takes time to break down all of the details that have been discovered in the data very simply, so that judges and juries can digest the information easily. “We don’t want attorneys short-changing themselves by only having part of the information. Carrier reports don’t tell the full story. Cell phone companies only keep information that makes them money. Everything else is dumped after a couple of days in most cases. But the phone itself retains the data, and retrieving that data can make all of the difference in the world in a case.” n Contact: James Kitt Forensic Technologies, Inc. www.ftforensics.com csr@ftforensics.com 619-235-6691

COMMUNITY news n Knobbe Martens Olson & Bear LLP is pleased to announce that Thomas Arno and Michael Fuller have been named comanaging partners of the firm’s San Diego office. They succeed Ned Israelsen, who led the 60-attorney office for 20 years. Tom Arno has been with the firm in San Diego for over 20 THOMAS ARNO years, and his practice focuses on U.S. and foreign patent-related matters, technology licensing and client counseling in connection with intellectual property strategies. He has experience in patent protection for a variety of industries, including analog and digital electronics, computer hardware and software, communications, and drug discovery technologies. MICHAEL FULLER Mike Fuller has been in the firm’s San Diego office for nearly 25 years and oversees IP matters in a number of areas, including patent prosecution, licensing, intellectual property due diligence and related negotiations for mergers and acquisitions. Mike also oversees many types of contentious matters at the USPTO, including inter partes reviews (IPRs), ex parte patent re-examinations and interferences. He was named to the 2015 Southern California Super Lawyer list for his work in intellectual property law and was also named as one of the Daily Journal’s Top Intellectual Property Attorneys of 2014. n The law firm of Balestreri Potocki & Holmes is pleased to announce that Amanda J. McKechnie joined the firm as an associate. McKechnie handles a wide variety of litigation including business disputes, breach of contract, claims, construction defect claims, product defect claims, general AMANDA J. MCKECHNIE liability claims, real estate disputes, and accident claims. She has represented developers, general contractors, various design professionals, and specialty subcontractors in all aspects of construction litigation including claims for defective construction, professional negligence, contract disputes, toxic mold and personal injury. In connection with her construction practice, McKechnie also counsels clients on contract language and formation issues. McKechnie received her Bachelor of Arts from the University of Arizona in 1996 and her Juris Doctor from the University of the Pacific, McGeorge School of Law in 1999. 14

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n Troutman Sanders LLP has announced that Justin M. Barnes and Lara S. Garner have joined the firm as partners in the Intellectual Property practice in the San Diego office. Both lawyers join the firm from Fish & Richardson. Barnes is a trial and appellate lawyer who focuses his practice on JUSTIN M. BARNES high-stakes patent litigation. His experience spans a wide range of technologies, including MPEG audio and video compression standards, digital and analog circuitry, digital signal processing, e-commerce, enterprise software, marine geophysical surveys, and other complex technologies. He also is considered one of the country’s leading patent damages lawyers, having extensive success both in pre-trial Daubert motions LARA S. GARNER and also post-trial motions and appeals overturning substantial jury verdicts. He was recently selected for inclusion in The Best Lawyers in America® for the second consecutive year, and also named as a Top Attorney in Intellectual Property Litigation by the San Diego Daily Transcript. Garner is also an IP litigator focusing her practice on client counseling and high-stakes patent litigation. She is experienced in all phases of trial and appeal. Most of her work has involved big-ticket litigation on behalf of major clients in the software and electronics industries involving diverse technological innovations, including audio and video compression, graphics, search, database, encryption, and e-commerce technologies, among others, as well as medical and mechanical devices and transformers. Before entering private practice, Garner was a mechanical designer with Electro Scientific Industries, Inc.

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COMMUNITY news n The law firm of Sullivan Hill Lewin Rez & Engel is pleased to announce that Shailendra “Shay” Kulkarni and Ashley B. Kerins have joined the firm as associates in the San Diego office. ASHLEY B. KERINS Kulkarni will be a member of Sullivan Hill’s construction, insurance, and litigation practice groups. He focuses his practice primarily in the areas of construction, insurance coverage litigation and analysis, and SHAILENDRA “SHAY” complex civil KULKARNI litigation. He also practices in the areas of surety litigation and construction-industry contracts. Prior to joining Sullivan Hill, Kulkarni practiced in the areas of construction and surety litigation in New Orleans, Louisiana. In 2015, he was named to the Louisiana Super Lawyers Rising Stars List. Kulkarni received his Bachelor of Arts from the University of California, Berkeley, in 2004. He earned his Juris Doctor from Tulane University Law School in 2007. Ashley B. Kerins will be a member of Sullivan Hill’s business and corporate transactions and tax practice groups. Kerins focuses her practice primarily in the areas of real estate, corporate, partnership and business transactions, and in tax planning, tax controversy resolution and estate planning. As a member of the business and corporate transactions group, her practice extends to real estate transactions, financings and business organizations. Prior to joining Sullivan Hill, Kerins practiced in the areas of civil tax controversy, criminal tax, bankruptcy, individual and entity tax planning and corporate law. She was named a Top Young Attorney in 2013 by the San Diego Daily Transcript, Best Lawyer in 2015 by San Diego Metro Magazine, and Best of the Bar in 2015 by the San Diego Business Journal.

n Teodora Purcell, an attorney in the San Diego office of Global immigration law firm Fragomen, was named “Attorney of the Year” by Casa Cornelia Law Center, at the organization’s Eighth Annual La Mancha Awards on October 15 at the University of San Diego. Casa Cornelia Law Center is a San Diego nonprofit that provides legal assistance to victims of human and civil rights violations. TEODORA PURCELL Ms. Purcell was recognized for providing pro bono legal services to Casa Cornelia’s indigent clients, who have come to the United States from Mexico, Latin America, Somalia, Ethiopia, Iraq, China, and other countries around the world. Much of the law firm’s work for Casa Cornelia involves unaccompanied children, asylum cases, U visa, and VAWA cases under the Trafficking and Violence Protection Act (TVPA) and the Violence Against Women Act (VAWA), with Fragomen attorneys assisting indigent victims of persecution, domestic violence or other crimes who are protected under the U.S. immigration laws. “The cases we handle tend to be legally complex, time-intensive and difficult to prove,” said Ms. Purcell. “Although such cases can be heartbreaking, they are very rewarding. It’s satisfying to know we are truly helping people in extraordinarily difficult circumstances.”

Attorney Journal San Diego | Volume 147, 2015

L VE & MARRIAGE Eric & Michelle Ludwig, Founders of Ludwig Law Center, Inc., Have Earned a Well-Deserved Reputation as the Small But Mighty Family Law Firm Renowned for Handling Complex Litigation

“

by Jennifer Hadley

amily Law is probably the most diverse and complicated field of law to practice. In the family law field, we cover finances, including complicated accountings, stock options, valuations of portfolios, business disputes, partnership disagreements, fiduciary breaches, real property disputes, heartwrenching child custody/visitation and domestic violence matters. Additionally, we deal with child support, spousal support, and financial reports from employers,” says Michelle Ludwig, Attorney and Co-Founder of Ludwig Law Center, Inc. “The law we deal in covers contracts, torts, real property, corporations, community property, trusts/wills, criminal crossovers, procedural issues, and discovery disputes. Each family law case presents like a bar exam question, encompassing many issues at once,” adds Eric Ludwig, Founding Partner and Senior Trial Attorney at Ludwig Law Center, Inc. Fortunately, the diversity of the issues within their primary practice of family law is something both partners relish. In fact, it has allowed Eric and Michelle to venture into also handling business disputes, in addition to serving as a corporate counsel to small businesses such as a local electric company, a construction company, and a not-so-small finance company. But make no mistake, Eric and Michelle have worked tirelessly to earn their outstanding reputation, which has resulted in an entirely referral-based practice. “We haven’t paid for advertising in many years,” says Michelle. “Our clients are either referred from other clients, or from other lawyers. Sometimes we are hired as co-counsel to litigate a case, and other times the case is extremely difficult and is referred to us because our niche is complex litigation in the family law arena,” she adds. Suffice to say, Eric and Michelle don’t shy away from a challenge. Their perseverance, dedication, and ability to help clients through the worst and most complicated period of their lives, is frankly a result of their own experiences with overcoming obstacles, and coming through them not only unscathed, but on top.

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TAKING THE ROAD LESS TRAVELED TO THE TOP Michelle is candid when she admits that the odds were stacked against her and Eric not only making it as revered attorneys, but remaining married for 28 years and counting. “We were married at age 19 and 20, respectively,” she says. All the same, Eric recalls, “My mother used to say ‘you want to argue every issue, you would make a great attorney.’ But as the child of divorced parents I thought being a lawyer was only a dream. My father was a barber and my mother worked in an office during my childhood. I didn’t come from financial privilege, but I was always told I could accomplish anything I set my mind to.” Eric would go on to be the first member of his family to graduate from college. Michelle grew up in a house with both parents, however her family suffered a tragedy that most people can’t even imagine. When Michelle was just 12 years old, her 15-yearold sister Kerry Patterson was kidnapped and ultimately found murdered in Fullerton. “The police didn’t really investigate her disappearance. Because of her age and the lack of evidence of any foul play, she was quickly labeled a runaway. Six months after she disappeared, my mother saw a tiny article in the paper about human remains found in Tonner Canyon, which is behind the Brea Mall. My mom immediately contacted the Coroner’s office, and dental records subsequently identified them as belonging to my sister. She was abducted while coming home from an ice cream shop about a mile from our house.” The case remains unsolved to this day, and not surprisingly, Michelle says that the devastating experience was a huge factor in her decision to pursue a career in law. Her desire to seek justice for others was reinforced by the fact that her late father, Paul S. Patterson, was an attorney and former Judge Pro Tem in the Norwalk Courthouse. “I worked in his office starting at age 16. He was heavily involved in the Southeast Bar Association,

LAW FIRM

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ÂŠChristopher TODD Studios

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Attorney Journal San Diego | Volume 147, 2015

©Christopher TODD Studios

and I grew up surrounded by other attorneys and judges. Whenever I could, I went and watched him in court and hung out in the Judge’s chambers,” she says. Although Michelle and Eric came from seemingly opposite backgrounds, the two connected instantly as teenagers. “I was kind of the snooty girl, and he had an earring,” Michelle recalls with a laugh. The two began their life together with Eric joining the Air Force, and soon after marrying the two moved to Denver, and started a family. After four years, they returned to their native Orange County, and struggled to support their growing family. With two young daughters to support, Eric took a job cleaning pools while attending Cal Poly, and Michelle went to work with her father, who trained her to be a legal secretary. Eric was then accepted into law school at Western State University School of Law, while Michelle took classes at night to finish her undergraduate studies. When Eric finished law school, the couple had their third daughter, and Michelle went on to earn her law degree by attending law school at the University of La Verne at night. “The struggles of working full-time, raising children and making it through college and law school for both of us was a severe hardship and often times, a seemingly unattainable goal. However, when family and friends said to ‘quit and just try something else,’ it just made us stronger and more desirous of achieving our goals. Throughout our marriage, both of us have set goals, and each time we have set a goal we have achieved that goal. There is nothing we can’t do, so long as we stay committed and focused on completing the task. We have applied the same diligence and focus we utilized to become attorneys to commit as partners in our law firm and in our lives,” Michelle says. 18

Attorney Journal San Diego | Volume 147, 2015

TWO MINDS ARE BETTER THAN ONE After Eric was licensed to practice in 1999, he hit the ground running, earning referrals galore for civil and family law cases from criminal law attorneys he had clerked for, along with referrals from his father-in-law, who was primarily a family law attorney. His business grew so rapidly that Michelle, who had been working as a legal secretary for powerhouse Personal Injury attorney Herbert Hafif, came in to manage and support Eric’s thriving practice while she finished law school. By the time Michelle was admitted to the Bar in 2002, Eric had earned a reputation as a wildly talented trial lawyer in the family law courts, and Michelle’s 12 years of experience as a legal secretary and paralegal and being a staff writer for her law school’s law review, had given her unrivaled writing skills, and an understanding of the practice of law, she never would have gained through law school alone. “Eric’s personality allowed him to become an immediate fixture in the family and civil communities. We had both previously worked for a civil litigator who was extremely financially successful in law. As the result, we both knew that neither of us wanted to continue to make someone else money, and watch them enjoy the fruits of our hard work,” says Eric. By contrast, “When you own your own firm, you get to make the decisions about what is best for the firm, the lawyers and the clients. Neither of us has to consult our partners or bosses to ask if this is how they want us to handle something; the freedom to decide how a case plan should be structured and implemented is ours.” Thus Ludwig Law Center, Inc. was born and neither Michelle nor Eric has ever looked back. “We work very well together and it is recognized by our clients. Eric is known for intense passion for the practice of

Continuing he says, “We are experienced and dedicated litigators. We do not understand the words ‘failure’ or ‘second best.’ We are prepared and ready for each and every case. All of our clients have complete access to us.” Though Eric admits giving such access to clients can be draining, it’s always been worth it. “In the end our clients always say ‘thank you’ by sending their friends and family our way.”

SMALL FIRM MAKING A BIG DIFFERENCE Broncos Fans For Life!

law, and his ability to stay focused during trial conflict and controversy. His ability to see the issue, when others would be flailing about is a trait that cannot be taught, but is something that every good trial lawyer is born with,” Michelle says. For her part, “Michelle is great at writing and dealing with clients who truly believe the sky is falling. She is able to educate the clients on the law, and help them realize their rights and what to expect during the phases of a dissolution of marriage, custody battle, or other type of case,” Eric says. As a team, Eric and Michelle decide which cases the firm takes, and the variety of cases keeps the work interesting for both attorneys. “We have had clients who borrow money from family to pay us, to clients with multi-million dollar estates. Most of our cases involve intense litigation where the parties are fighting over the value of their family business, the cash flow derived from the business—which often times involve a forensic account to assist us with sorting through the business assets and liabilities— as well as, perks received by the owners which are hidden in the business expenses,” Eric explains. “We also find ourselves litigating child custody matters, move away cases and domestic violence. This often involves the appointment of a child psychologist, who evaluates the family and makes recommendations to the court.” Of course, many of the clients that come to Eric and Michelle have never had experience with an attorney, so the responsibility of educating the client on what to expect is not something the attorneys take lightly. “The mission of Ludwig Law Center, Inc. is to offer our clients complete access to attorneys to answer all of their questions and guide them to a favorable outcome during a very difficult time in their lives,” says Michelle. “When clients come to see us, they don’t know what to expect, or they have had a bad experience with other lawyers or firms. We hear from some that they were never able to speak to their prior attorney; it was always a law clerk or a paralegal they had to talk to, and in some cases, an associate attorney whom they never met would appear for them in court,” she says. Eric confirms, “Our business model is completely different. We focus on ensuring that our clients have complete access to us. If they have a question I will answer it or Michelle will answer it. When they hire our firm to represent them, they know from the start to the end that Michelle and I will be handling their issues, and not a non-attorney law clerk.”

Referrals flood Ludwig Law Center on account of Michelle and Eric’s skill, and they often come from seeming adversaries. By way of example, Michelle recalls a recent case where the court-appointed psychologist made recommendations against the Ludwigs’ client. “Eric fought against the recommendations and after two days of intense cross-examination of the expert psychologist, he completed his examination. The expert recently contacted our office via email asking for our business cards because she was so impressed by how prepared Eric was, and his tremendous courtroom skills that she wanted to refer her clinical clients who needed representation in their divorce to our office,” Michelle says. In another case, “We worked with a single mother who lived out of state with her daughter, who suffered from a disability. The parties had been in court for nearly ten years. The mother had been bullied by the father and his lawyer for several years. Our client was backed up against a wall as the psychologist who had conducted the two prior Evidence Code §730 evaluations made a recommendation to have the child move back from the state she had been living in for the 3 years preceding the hearing, to live primarily with her father in California. The trial went on for approximately 10 days. We discredited the court’s expert on cross-examination and then hired our own expert to focus directly on the regression and maladaptive behaviors of a child with the disability this child had, that may result from the move

In loving memory of Paul S. Patterson 08/13/41-05/10/15 Attorney Journal San Diego | Volume 147, 2015

A PARTNERSHIP BUILT TO STAND THE TEST OF TIME Although the bulk of Michelle and Eric’s case load revolves around these types of complex family law matters, they are willing to take on select business cases for past clients or on a referral basis from existing or previous clients. “We serve as a sort of in-house counsel to a few small businesses, who were referred to us by other clients, or who we helped with a family law matter in the past,” Michelle says. “We enjoy the variety. The business of family law, and the civil litigation we do, does not necessarily always end in an enormous financial windfall, rather it ends with the satisfaction that justice was served and our clients got their day in court,” she says. As parents of four, and now grandparents of three, Michelle and Eric couldn’t be happier with the way their partnership— both professionally and personally— has evolved over the past three decades, in spite of the seemingly impossible odds they faced. “Our success rate is extremely high. We each have unique and complementary strengths. We love what we do, and the firm we’ve built is grounded in the principles we’ve always applied to our career and our marriage,” Michelle says. Obviously, the busy attorneys and firm partners don’t always have a lot of spare time. Michelle acknowledges, “Now that most of our children are older, we would love to be able to travel more, so we have considered bringing on another attorney, but it’s never been in our business model. So we will have to see what the future holds.” Michelle’s ultimate goal, she states, is to become a Judge some day. “In the meantime, we love watching our 11-year-old son play sports, and we love spending time with our adult children and grandchildren… and we still make sure to schedule date night, and also watch the Broncos games every week,” she says with a smile. n Contact: Eric & Michelle Ludwig Ludwig Law Center, Inc. 505 S. Villa Real Drive, Suite 213 Anaheim Hills, CA 92807 www.ludwiglawcenter.com Email: LudwigLawCenter@hotmail.com Office: 714-283-1023 20

Attorney Journal San Diego | Volume 147, 2015

©Christopher TODD Studios

EXPERIENCE

and change in the child’s environment. In the end, the trial court agreed that it was in the best interest of the child to remain with the mother. Our client finally got justice and peace of mind, and has not been bullied since,” Michelle says with a smile. Clearly, when justice matters, Michelle and Eric are ready to do whatever it takes for their client. “We’re not afraid to litigate. We do not believe in rolling over just because the recommendation is against our client’s desires. Instead we believe everyone is entitled to their day in court; if our client does not want to settle, we do not force them to, instead we prepare and engage in a fight for our clients’ best interest, and the best interest of their children,” says Eric.

Eric S. Ludwig, Esq. , J.D., Esq.

» EDUCATION • Undergrad: Cal Poly Pomona (Major: Real Estate, Finance & Law), Pomona, CA • Law School: Western State University School of Law, Fullerton, CA

» MEMBER • Orange County Bar Association • Family Law Division • United District Court • Central District of California

Michelle P. Ludwig, J.D..

» EDUCATION • Undergrad: University of LaVerne, LaVerne, CA (Major: Criminology) • Law School: University of LaVerne, Ontario, CA (1999-2002); Law Review Senior Staff • Writer, Board of Editors (2000-2002)

» AWARDS • Recipient: American Jurisprudence Award – Wills & Trusts

» MEMBER

• Northern District of California

• Orange County Bar Association

• Supreme Court of California

• Family Law Division

• American Bar Association

• Central District of California

• United District Court

• Supreme Court of California • National Association of Professional Women.

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.”

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THE BIGGEST MARKETING/ SALES OBSTACLE LAWYERS FACE

Conscious Competence

Conscious Incompetence

‘Smooth operator’

‘Taking up the gauntlet’

I can do it! (but really have to focus on what I’m doing)

I realize how difficult the skill is to master and how much I have to learn.

Unconscious Competence

Unconscious Incompetence

‘Second nature’

‘Blissful ignorance’

I don’t even have to think about it, the skill is automatic.

I have no knowledge of the skill, how to do it or why it is important.

THE CONSCIOUS COMPETENCE CYCLE

By Mike O’Horo

The biggest marketing and sales obstacle lawyers face is unconscious incompetence. It means you don’t know what you don’t know. That’s one of the four stages of competence. This matters because one characteristic of that stage is overconfidence about your innate ability to generate business, based on ignorance of what it actually takes to generate business. Unconscious incompetence isn’t unique to lawyers or to business generation. It’s a universal experience. We all begin there whenever we encounter something new, whether it’s our ability to understand a new concept, or perform a new skill. The problem is that this blindness makes us unable to recognize a skill deficiency. If we’re not deficient, why would we seek help? That’s why so many of us must learn almost everything through the School of Hard Knocks. Here’s a common, if somewhat frivolous, example. Let’s say we’re talking about golf. Since I’ve never played, I’m definitely at unconscious incompetence. Comparing golf to other sports I’ve played, in my ignorance I may conclude, “How tough can it be? The ball isn’t moving; it sits there and waits for you to hit it. There’s no shot clock, so you can take as long as you want. There’s no defender, and everybody has to be real still and quiet so as not to distract you. How tough can it be?” With that mindset, why would I buy golf lessons? I don’t think I need them. Any golfers reading this are chuckling at my naivete, and can’t wait for me to give it a try so they can have a laugh as I disabuse myself of this foolish notion. So, I go out on the course and try to play, with predictable difficulty. Only after I’ve struggled can I appreciate that there’s a lot more to being able to play than I was aware of. I’ve just progressed to Conscious Incompetence; I now know what I don’t know. One thing I know for sure is that I definitely will need some help learning the game. Only now do I experience any desire or need for lessons. There’s always more to any skill than meets the eye. Few lawyers have much experience at all with real selling, much less doing so in a competitive environment. As a result, most believe that what they’ve seen or read is the totality of it. Others believe that it’s innate, 22

Attorney Journal San Diego | Volume 147, 2015

the exclusive province of “naturals.” That belief sometimes takes the form of, “It can’t be learned; you either have it or you don’t.” Obviously, holding either view won’t make you seek training, or even make use of it if it’s given to you. Worse, there’s a whole generation of lawyers who made lots of rain for a long time without ever learning how to do it. Giving proper respect to the time and effort they expended, their results were more the product of the sustained demand for legal service, and the associated pricing power, that existed for more than 20 years until around 2009. If everybody’s buying, and they’re not overly concerned about price, and your firm’s brand or your economic/social circumstance gives you access to buyers, how much skill do you really need? As you know, times have changed. Demand is flat at best, and there are many, many more competitors chasing a slice of the same pie. Showing up with impressive credentials is no longer enough. These are the ultra-competitive conditions under which all your clients must get their business. So, now, you have to have the same marketing and sales knowledge and skills they have. Their marketers and salespeople aren’t naturals. Your clients spend big money on marketing and sales training; it’s irrational to expect yourself to acquire these skills by some magical means. Get help from somewhere, whether it’s a friend who has the combination of business generation skills and teaching/ coaching skills, and is willing to devote the time to guide you for the duration, or professionals inside your firm, or one of the many professional trainers and coaches serving the legal profession. Or, you can buy online training inexpensively, and supplement it with coaching. From whatever source, get help. Otherwise, you’ll have to learn everything the hard, expensive way, and you simply don’t have the time. n For 20 years, Mike O’Horo has been known by lawyers everywhere as The Coach. He trained more than 7000 of them, generating $1.5 billion in new business. Mike can be reached at mikeohoro@rainmakervt.com

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Attorney Journal San Diego | Volume 147, 2015

HOW TO IMPROVE THE ODDS OF SUCCESS IN RECRUITING LATERAL ENTRIES by Bob Denney

Bob Denney is a recognized authority on strategy, management and leadership for law firms and companies. He serves as an outside Director on company boards and has also served as an interim CEO in turnaround and crisis situations. For further information visit our website at www.robertdenney.com.

aced with the challenge of growing—or even surviving— in recent years, more firms have increased their recruiting of lateral entries. However, according to various surveys and reports, the odds of success from either the lateral’s or the firm’s perspective—and often both—are only 60–70%. This is an excellent won/lost percentage in baseball, but it’s not in the legal profession. The firms that have a higher percentage of success in lateral recruiting follow a well-defined process. These are the key steps in that process. 1. Define why you want or need a lateral. • To succeed a key partner (or associate) who is retiring or leaving the firm? • To provide an additional lawyer or group of lawyers to handle the work load in a particular practice area? • To bring aboard a proven rainmaker to develop new business? • To launch and manage a new practice area the firm wants to develop? 2. Define the skills and characteristics of the lawyer(s) you are considering. • How will they fit in your firm? 3. Define the process that will be followed. • Retain a search firm? • Invite the firm’s lawyers or even staff to make recommendations? • “Spread the word” through various outside organizations the firm and the lawyers are active in – or keep the search confidential outside your firm? • Approach specific lawyers in other firms? 4. Assign the responsibility to develop and screen candidates to a partner or a small task force. 5. Learn as much as possible about each candidate including: • Why they are leaving – or considering leaving – their current firm. • Area(s) of expertise. • Book of business, list of clients and amount of business from each major client. • Level of responsibility with each major client. • How much of the work does the candidate perform and how much is performed by other timekeepers?

Attorney Journal San Diego | Volume 147, 2015

• Which clients does the candidate reasonably expect to follow him or her? • Will any of these clients create conflicts—legal or business— with your firm’s clients? • Three-year history of the candidate’s billings, collections, write-downs and write-offs. • Any complaints or proceedings pending against the candidate(s). • Their roles or positions in their current firm. • Lawyers, timekeepers or support staff they want—or need— to bring with them. • Their values and interests. • Why they are interested in joining your firm and what their expectations are 6. Determine their current compensation arrangement. • Even more important is what they want or expect if they join your firm. One of our clients was seriously considering a partner from another, larger firm. When they were about to make him an offer, he informed them of the compensation he required. It was considerably more than the highest paid partner in our client’s firm. After briefly considering meeting that figure, our client regained its sanity and ended negotiations. FYI: That candidate has remained with his firm. 7. Define what other support the candidate wants. • Another client of ours was in the late stages of negotiations with a candidate who then informed them he wanted his four associates to come with him and two of them to be brought in as partners. After a review of the associates’ work load and level of expertise, our client withdrew its offer. FYI: The candidate subsequently joined another firm but with only two of his associates, neither of whom were admitted as partners. 8. Interview the candidate—not only one-on-one but in team interviews. • Also not only in the office but also outside over a meal or at least a cup of coffee. • Obtain feedback from each person who interviewed the candidate. 9. Allow the candidate to interview members and even staff of your firm. • Obtain feedback from the candidate on these interviews. n

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Attorney Journal San Diego | Volume 147, 2015

7/12/13 5:04 PM

ccording to a national survey, the number 1 fear people have is speaking in public. Fear of dying is ranked number 7. So just remember when you attend your next funeral that more people would rather be in the coffin than giving the eulogy.

How to Generate New Law Firm Clients Using Speaking and Seminars by Stephen Fairley Two-time international bestselling author, Stephen Fairley is CEO of The Rainmaker Institute, LLC, and 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. 26

Attorney Journal San Diego | Volume 147, 2015

I realize speaking is not for everyone, but if you enjoy speaking or educating people in a group, then speaking and seminars can be one of the best ways to grow your practice. There are very few practice areas I can think of whose marketing efforts would not benefit from participating in some form of education-based seminars or presentations. Giving a seminar or presentation can give you massive credibility, if it’s done correctly. It is also a proven lead generator, if the follow-up is efficient. For those litigators and trial attorneys, giving a seminar is old hat. You educate your juries on a regular basis and often some of the best public speakers I’ve seen are the trial attorneys. For the rest of us, there are many options to select from. Here are seven common ways you can implement speaking to generate more clients for your law firm: • Give a public seminar or presentation • Give a private, client-only seminar in your office • Give an after dinner presentation to a group of clients brought together by one of your referral partners • Give a presentation over a conference bridge line (teleseminar or webinar) • Be one of the experts on a panel with affiliated professionals (a banker, another attorney, a CPA or financial advisor) • Give a keynote speech to a trade association • Be the moderator/facilitator of a panel discussion

THERE ARE THREE BASIC TYPES OF SEMINARS YOU CAN PARTICIPATE IN: WHOLESALE SEMINARS This is where you work with a referral partner who sets up a meeting with his or her existing clients and you speak to their clients and educate them about what you do. A common example of this is when an estate planning attorney works with a local financial advisor and speaks to the advisor’s clients on asset protection strategies. One of our estate planning clients used this type of seminar very successfully when he teamed up with a well-known certified financial planner. The advisor had a large client base and they spent a few thousand dollars each month on promoting the events via ads in local newspapers. They held most of the seminars for two hours on a Saturday morning and usually had 30 to 60 people show up. Each person spoke for about an hour. We helped our client implement a strong follow-up program and by the second event he was signing up 30-40% of the attendees for a free estate planning consultation! He was able to sign up over 60% of those people as new clients with an average fee of $3,500. When you do the math, if they only had

30 people show up per event and only 30% of them signed up for a free consult (9 people) and he closed 60% (that’s 5 new clients) at $3,500 each, that means that particular seminar was worth $17,500 in new work for the firm. Now multiply that by one to two seminars per month and you can quickly see how this can add up.

RETAIL SEMINARS This is where you set up a public seminar (this can be free or paid) and you invite people to attend and listen to your presentation. For example, a small business attorney can invite local business owners to attend a half-day seminar on common legal issues faced by growing companies. I’m not sure why, but many attorneys seem to do this kind of seminar for free. I’m more in favor of charging a reasonable fee, as long as you are going to provide good content for attendees. This not only keeps out the tire kickers and your competitors, but also generally attracts a more serious person to your event. A retail or public seminar is usually the most expensive to conduct because you must market them heavily to generate enough attendees to make it worth your while. If you select to conduct retail seminars I recommend you either do a series (perhaps one topic each quarter) or you hold the same seminar multiple times per month or year. This is the model we use for our Rainmaker Retreat two-day law firm marketing boot camps for attorneys. We hold the same event 10-12 times per year across the country.

REFERRAL PARTNER SEMINARS This kind of seminar involves speaking to a group of potential or existing referral partners in a group setting. For example, you set up a meeting of CPAs and speak to them about how to generate cross-referrals with your law firm and how the two professions can work seamlessly together to better serve the client. Alternatively, you go to your local CPA society and offer to give a seminar at an upcoming meeting about a topic of interest to CPAs. As someone who makes their living from speaking, I know it can be a difficult, yet rewarding form of marketing. Yet, I always have attorneys come up to me afterwards and say something like this, “I gave a speech once and I didn’t get any new business from it.” Well, if you find yourself among the skeptics, here are some critical law firm marketing tips to remember so you can achieve better results from your speaking and presenting efforts.

TIP 1: ONLY SPEAK TO DECISION MAKERS The first important tip is to always speak to the right group and the right group are decision makers not gate keepers! Make sure you get in front of the right group—people who can either refer you clients or who are highly likely to need, want and be able to afford your services. You can best accomplish this by asking the following questions: • What is your average attendee like? • What are the typical job titles of attendees?

• What is the size of the average attendance? • What percent of your usual attendees are decision makers? • What kinds of topics have had the best turnout? • Who has recently spoken to your group and what did they speak about? How did that go?

TIP 2: EDUCATE YOUR AUDIENCE Make sure your talk is about something they care about. Make it educational. Do not stand up there and spout legal jargon and legal theory or sections and codes because that’s not what people want, unless your audience is other attorneys. Most audiences want practical, useful information they can take away and immediately implement. Give them lots of practical, useful information that will help them. You may say, “Well, I don’t want to give away the store. I don’t want to give them so much information that they can do it themselves.” Please understand, if you could give them enough information where they could do it themselves, the people who actually would do it for themselves and not hire you are not good prospects for you. You want to target the people who have the money to hire an attorney and do not want to do it for themselves because they either understand the risks of doing so or simply do not have the time, energy, effort or expertise needed to successfully complete the task. You do not want to hire tire kickers or “do it yourselferrs” because they typically will only hire you if you have an absolutely ridiculously low price. At the Rainmaker Retreats, we actually follow the opposite principle. We purposefully try to overwhelm our audience with so much practical, useful, step-by-step information. Why? Because we want them to walk out of the room with so many great ideas that they don’t know where to start so they will turn to us and hire us to implement a proven law firm marketing plan for them. You must recognize that not everyone in every audience is in your target market and you need to qualify them as much as they qualify you! You want to ensure they need you, they want you and they can afford your prices. If you don’t want to attract “yellow page clients” then don’t charge yellow page prices.

TIP 3: OBTAIN ALL THE ATTENDEES’ CONTACT INFORMATION Ideally, you want the attendees’ contact information before they ever come to your event. If you are speaking for an association simply ask for it (be specific and ask for their first and last name, email and phone in an excel file), sometimes they will give it to you and other times they won’t. Either way, have a plan for obtaining the attendees’ contact information at your presentation. If the conference organizer will not give it to you, simply do a giveaway for a prize. You can try to be a little creative in your giveaways without going overboard like a bestselling book, a gift card to a local restaurant, a digital camera, a set of golf clubs, a coupon for a massage, tickets to a play at a theater, or a nice bottle of wine. Simply have them pass their business cards to the front or pass out 3×5 cards Attorney Journal San Diego | Volume 147, 2015

These days, executives come in many varieties.

and have them fill out their full name, phone and email address and pass it to the front. Do a drawing for the prize at the end of your seminar. Obtaining their contact information is critical for success in speaking and seminar marketing.

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Attorney Journal San Diego | Volume 147, 2015

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

If you are a regular reader of this column you have heard me say this before: the fortune is in the follow-up! The number one reason why lawyers don’t achieve great results from speaking and seminars is because they don’t have a written follow-up system. You must develop a follow-up strategy before your talk. Let’s say your follow-up strategy is a series of emails, phone calls and maybe a letter or postcard. Your follow-up system would include 4 emails, 3 phone calls and 1 letter. • Email 1 would be sent within 24 hours post-seminar. It would be a thank you email with an offer for a free consultation, a special report or an audio CD. • Phone Call 1 would be made by your staff and would be made within 24 hours post-seminar. The call would be to thank them for attending and make the same free offer that’s made in the email. • Letter 1 would be sent out the next day (they should receive it within 3 days if they are local) and the letter would repeat what you have written in the email. • All of this would happen in the first 24 hours after the seminar. Some of you will question if that’s too aggressive an approach. Let me assure you, it is not. A quick follow-up system like this demonstrates a high level of professionalism and commitment to your attendees. It tells them that you care about them and most of them will be impressed that you followed up so quickly. • Email 2 is sent three to five days after the event. Remind them about the seminar they attended and invite them to sign up for a consultation or your newsletter. • Email 3 might offer a brief tip about the topic you spoke about: top 10 tips or recommended resources, etc. • Every person should be followed up with at least three phone calls before you stop trying to reach them. • Every attendee should receive at least 5-7 emails and 1-2 printed letters from your law firm. If you use this kind of follow-up system you will find significantly better results from your seminars and marketing efforts. Make sure you have a follow-up system in place before your presentation and make sure you have your staff doing most of the work. Your focus is on becoming a powerful Rainmaker for your law firm, serving your clients with excellence and bringing in new clients. n

Attorney Journal San Diego | Volume 147, 2015

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