Attorney Journals, San Diego, Volume 195

Volume 195, 2019 $6.95

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SAN DIEGO

18 Marketing Myths Most Lawyers Believe

Trey Ryder

Does It Really Matter What Other Law Firms Do?

Nancy Myrland Content Marketing and Blog Trends 2020

Jim Bliwas

The Question That Creates Instant Authority

Tom Trush

6 Interview Strategies for Solo and Small Law Firms

7 Tips to Help Lawyers Become Legal Correspondents to the Media

Gina F. Rubel

California Case Summaries

Monty A. McIntyre 5 Things to Prepare for Ahead of the Coming Economic Tides

Brian Burlant

Randi Lewis

Attorney of the Month

Gerald Singleton, The Fire Lawyers

Singleton Law Firm, San Diego

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• $2.1 million jury verdict for firm client in Doe v. San Diego Unified School District, et al. (2018)(Jason Kirby & Michael Kirby).

• $1.1 million arbitration award for firm clients on cross-complaint after zeroing plaintiff on $6 million damage claim in Step Strategy Advisors v. Solid Gold Health Products for Pets, Inc., et al. (2018)(Jason Kirby lead counsel).

• Michael Kirby received the 2019 Best Lawyers in America® distinction for (1) Bet-the-Company Litigation, (2) Commercial Litigation, (3) Litigation – Real Estate, and (4) Litigation – Securities.

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

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2019 EDITION—NO.195

TABLE OF CONTENTS 6 Does It Really Matter What Other Law Firms Do?

by Nancy Myrland

8 Five Things to Prepare for Ahead of the Coming Economic Tides

by Brian Burlant

10 The Question That Creates Instant Authority

by Tom Trush EXECUTIVE PUBLISHER Brian Topor

12 Eighteen Marketing Myths Most Lawyers Believe

EDITOR Wendy Price

by Trey Ryder

CREATIVE SERVICES Penn Creative

14 Content Marketing and Blog Trends 2020

CIRCULATION Angela Watson

by Jim Bliwas

PHOTOGRAPHY Chris Griffiths STAFF WRITERS Dan Baldwin Jennifer Hadley CONTRIBUTING EDITORIALISTS Jim Bliwas Brian Burlant Randi Lewis Monty McIntyre Nancy Myrland Gina F. Rubel Trey Ryder Tom Trush WEBMASTER Mariusz Opalka ADVERTISING INQUIRIES Info@AttorneyJournals.com SUBMIT AN ARTICLE Editorial@AttorneyJournals.com OFFICE 30211 Avenida De Las Banderas Suite 200 Rancho Santa Margarita, CA 92688 www.AttorneyJournals.com ADDRESS CHANGES Address corrections can be made via fax, email or postal mail.

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ATTORNEY OF THE MONTH

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16 Gerald Singleton, Singleton Law Firm, San Diego The Fire Lawyers

by Dan Baldwin

22 Six Interview Strategies for Solo and Small Law Firms

by Randi Lewis

24 California Case Summaries

by Monty A. McIntyre, Esq.

28 Seven Tips to Help Lawyers Become Legal Correspondents to the Media

by Gina F. Rubel

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

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Lawyers, Does It Really Matter What Other Law Firms Do?

by Nancy Myrland

If you truly want your practice or your law firm to grow, there is one question you’re going to have to stop asking and three questions you’re going to need to start asking.

I hear this one question regularly. It takes various forms, which I’ll discuss in a bit. It tends to come up every year right about this time because we have budgets and planning on our minds.

What Are Other Firms Doing About This?

Recently a professional I respect a great deal shared that the firm is thinking about building out a room that will be equipped for podcasting and video, but the attorneys in the firm want to know if there are any other firms doing this and, if so, were those firms experiencing positive ROI as a result?

As I mentioned, this type of question surfaces in other ways, such as:

I just listened to an episode of GaryVeeTV on YouTube.

As you may know, GaryVee is Gary Vaynerchuk, and the guest that Gary had on this show, Chase Jarvis, CoFounder of Creative Live, put the answer to these questions so succinctly and so perfectly, much better than I could have, that I thought I needed to share this with you right after I heard it.

What he said is: “You cannot stand out and fit in at the same time.” That bears repeating. “You cannot stand out and fit in at the same time.”

What Does This Have to Do with Legal Marketing?

Let’s think about that in the context of legal marketing. If we continue to ask the questions:

• Should we sponsor X Y or Z event? Some firms will say, “I don’t know, let’s see what the others are doing.”

• What are others doing?

• Should we advertise in this space? I don’t know. Are the others doing it? Oh, the other firms are doing it? Yeah, then I think we’d better be there, too.

• What is it doing for other firms?

• Are other firms and lawyers using social media? I don’t know, but I think we need to see if they are before we jump in and waste our time.

• We’ve seen somebody do it before and it doesn’t look like it was successful, so we won’t do it either.

Or maybe…

• They’re starting a podcast.

• They’re doing video.

• They’re writing a blog post on a specific hot topic.

• They’re hosting their blogs on other platforms.

• They’re curating them in other places.

Oftentimes the thought process is reduced to: If we find out these other firms are doing these things we’re curious about then, by golly, we should, too!

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Is the Goal to Safely Fit In?

Attorney Journals San Diego | Volume 195, 2019

• Have you experienced positive ROI as a result of this?

• Does this work in legal marketing?

• We’ve seen somebody do it before and it looked pretty successful, so let’s do it, too!

But that word too, we’re going to do it or not do it, too, is what is going to get you in trouble because if you continue to copy and do what other lawyers and other firms are doing just because they are doing it then you are never going to stand out. You are only going to fit in.

What does fitting in do for any of us? It doesn’t help us stand out to our clients and our potential clients, our referral sources, or media we hope will write about what we’re doing, does it?

No, it doesn’t.

3 Questions You Need to Start Asking Instead I have three questions for you to start asking instead.

The first question is: How do I want to tell my story? I am a lawyer. I am with this firm. How do I want to tell that story? How do I talk about what I do?

The second question is: What do I want to do with this marketing effort? What is it I am trying to achieve? Who am I trying to talk to? What messages am I trying to convey? Who am I trying to help? What do I want to do?

The third question is: What makes me me? What makes me different? What is my personal brand all about and how am I going to uniquely convey what that brand is regardless of what other firms are doing?

It Doesn’t Matter It doesn’t matter if another firm is putting out videos or creating podcasts, or you’re hearing stories about ROI or the lack thereof.

It doesn’t matter.

Let’s look at this from a different angle. Let’s use me as an example.

If another legal marketing professional heard that I was doing an Alexa Flash Briefing on Amazon and said, “Oh, then I need to do that, too!” that does absolutely nothing for that legal marketer.

But if that legal marketer said, “You know what? I’m going to do this because I want to stand out and I want to send my message in my own way. I don’t care what Nancy Myrland is doing. I need to do what’s right for me and my law firm clients.”

The same example goes for you. It does not matter if another lawyer or another law firm is doing something. Sure, you can find case studies about how other firms are doing just about anything, but it has nothing to do with how you are going to do it, or how you should do it because you need to tell your story with the tools that are best for you.

You don’t need to tell a story that looks just like theirs.

If you are trying to decide whether or not you should outfit a room in your office for podcasting and video, the answer is absolutely you should, but not because other firms are doing it.

You should do it because what matters is that the reality and the trends that speak to that practice tell you it is a smart idea. You don’t have to go very far to find out that the numbers of people listening via audio and watching via video are escalating at a very rapid pace. They’re also watching video with captions because they are consuming it in quiet places where their mobile device is on silent.

You Decide In summary, what you need to do is: 1. Decide how you want to tell your story.

2. Decide what you want to do based on what you are trying to accomplish.

3. Decide what makes you different.

What will help consumers of your content think … oh yes, this is characteristically him! I really value what he publishes, and I look forward to reading, watching, or listening to it.

Then Go Do It Once you have made those decisions, then you need to set about doing those things you were considering regardless of whether other firms are doing them or have done them. You don’t know their circumstances or their commitment to the long haul of that marketing tactic, or their willingness to try something a little outside the traditional law firm box.

You need to put these activities into your marketing and business development plans and stop asking what other firms are doing.

The only time it makes sense for you to ask those questions is if you ask if another firm is sponsoring an event that you’ve been approached to sponsor as well.

It has always been my contention that if you cannot stand out and you cannot be above or different in some way and negotiate a package that is a better marketing and promotions package for you at a higher level, do not just blend in. Do not melt into the rest of the logos in the program, banner, or website so that you look just like everybody else. Find a way to make your sponsorship stand out.

Don’t Forget Don’t forget what Chase Jarvis said: You cannot stand out and fit in at the same time. Be better than that. Be more strategic. Stop asking if other firms are doing it. Start asking the three questions discussed earlier: 1. How do you want to tell your story?

2. What do you want to do?

3. What makes you different?

Please do me a favor and let me know your thoughts about this topic.

My Goal for You My goal for you is that you will look at this comparison game differently going forward.

I want you to stand out. I don’t want you to just fit in.

My clients don’t just fit in, so I don’t want you to just fit in either. n Nancy Myrland is the founder of Myrland Marketing & Social Media. She specializes in Marketing, Business Development, Content, Social and Digital Media Speaker, Trainer and Advisor to lawyers, legal marketers and law firms, specializing in helping you grow your firm and your practice through the understanding, creation, and integration of marketing and strategic plans with content, social and digital media. To learn more, please visit www.MyrlandMarketing.com.

Attorney Journals San Diego | Volume 195, 2019

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5 Things You Can Do for Yourself and Your Career Ahead of the Coming Economic Tides

by Brian Burlant

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e have enjoyed the benefits of the longest economic expansion in U.S. history—over 120 months of positive economic growth. Like all expansions, our current one will at some point slow and reverse, though, hopefully, not as precipitously as in 2007‒2008. As we see possible signs of an economic slowdown, what are some of the things you can do to help secure your career? Though there is no panacea for such macroeconomic ills, the way you plan, and work, can help see you through. Here are five things you can do now: 1. Grow Your Skill Set. Whether you are new to the workforce or a seasoned pro, it is always helpful to add to your toolbox. Early in your career, your prime directive is to learn, learn and learn some more. If you are lucky, your formal education has prepared you well to generally analyze and tackle a problem, but (unless you studied in STEM or technical disciplines like accounting) you probably have not been provided the tools you will actually apply in your employment. So, treat your first job(s) like an apprenticeship that will provide you the substantive foundation for the rest of your career. The more you know, the more value you can add for your current and future employer. This holds equally true at every stage of your career. In times of change, it may be that one extra skill you have acquired that differentiates you from your peers.

2. Demonstrate Your Adaptability. Related to #1 above is your demonstrated willingness to take on new challenges and extra assignments. So, in addition to building your toolbox, show an eagerness to take on new challenges and pitch in when there is a need. You would be surprised at how often a fear of failure or a mere discomfort with something new inhibits someone from taking on a project. Be the one to step up. You will gain appreciation from others and more latitude from your bosses when you are learning on the fly. You will be known as someone who can be relied on in more difficult times.

3. Make Yourself Indispensable. Own an area of expertise.

Be the person on whom colleagues and clients come to rely. This trait builds on many factors—your skills, your attitude, your hard work and your judgment. In hard times, companies need to do more with less. By pulling an oar and keeping a cool head while navigating turbulent waters, you will make yourself an indispensable member of the crew.

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Attorney Journals San Diego | Volume 195, 2019

4. Continue to Build Your Relationships. Keep building your relationships. If you have not started, do so now. If you have been, double down on staying in touch and starting new ones.

As a recruiter, I counsel my candidates and clients alike that maintaining strong internal and external business and personal relationships is the best long-term guarantor of success and security. These relationships are sources of advice, support, referrals, entrée and business. They help in so many ways and are an asset you can take with you. Whether in your current job or in transitioning, your relationships provide feedback, advocate for you, and provide introductions and opportunities for advancement. These relationships are often your best means to a new job. Virtually every senior executive I have encountered has had at least one significant job or professional advancement generated through a relationship. I am one of them and have had several. Look at the most successful people around you and you will find they are invariably excellent networkers. Networking need not come naturally to you; it can be honed through discipline and practice.

5. Manage Your Expenses Wisely. At all times, but especially in times of economic uncertainty, you will benefit from making yourself a budget, saving some money if you can and managing your spending. Take a sharp pencil to what you spend and take an honest view in distinguishing what you need from what you want. You know what to do with the latter. Similarly, distinguish your fixed monthly costs—like a mortgage or rent and utilities—from those that are variable and can be changed.

You know the old (but true) observation—you end up saving a lot by foregoing the $5 daily cup of coffee. I am reminded of former colleagues of mine from years ago. I noticed they started bringing in lunch each day instead of going out in the afternoons for $15 or $20 lunches. They did not do this out of desperation or failure; indeed, they were stars of the company.

Turned out that their thrift was part of their saving to start their own business, which became highly successful and continued to thrive during our last economic downturn.

There is no one magic potion for job security when economic troubles hit. But there are steps you can take now to better position yourself for any turbulence ahead. n Brian Burlant is one of the select few recruiters having a wealth of experience servicing clients, and placing candidates at Major, Lindsey & Africa , in both in-house and law firm settings. He views these practices as complementary, reflecting the ever more closely entwined relationship of law firms and their clients, and the positive value that can be provided by a proactive in-house legal department and their outside counsel.

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The Question That Creates Instant Authority

by Tom Trush

What do you want to be known for in your business?

We operate in an economy today where you likely have more competitors than you can count.

Think about it … How many people share your job title?

For instance, if you’re a personal injury attorney, how many others can make this same statement?

Whether you’re a lawyer, banker, accountant, farmer, massage therapist, real estate agent or whatever, you’re likely not the only one with your title. And this presents a problem when marketing.

You see, if your message only focuses on what you do (i.e., your occupation or product/service), instead of specific outcomes you provide, then you’re seen as no different than your competitors. But if you differentiate by demonstrating yourself as an authority on a specific outcome, you not only communicate credibility, you often inspire action.

Look again at the question I asked—it’s the key to your power position.

Keep in mind, authority is granted to those who prove their capabilities. So, create content around the outcome you want to be known for.

Let me give you an example …

My outsourced CFO client uncovers hidden cash flow opportunities at energy and environmental companies. So, we immediately positioned him as an authority on this outcome by developing an executive awareness guide titled, How to Uncover the Cash Flow Killers Crippling Your Company … and Fix Them Before It’s Too Late.

This simple step gives him an immediate advantage over outsourced CFOs who only rely on marketing their occupation.

Of course, my client delivers several other desired results. So, we’re proving his capabilities by creating and distributing content (e.g., articles, blog posts, videos, etc.) around each outcome.

In addition, we’re sharing ideas on these topics with the media. Why not follow this same approach and grab your authority status?

Don’t be just another real estate agent. Create content that proves you’re the real estate agent who quickly sells seven-figure, waterfront homes in a specific community.

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Attorney Journals San Diego | Volume 195, 2019

Don’t be just another banker. Create content that proves you’re the banker who funds business loans for students starting technology companies.

Don’t be just another farmer. Create content that proves you’re the farmer who grows the tastiest pumpkins for baking world-class pies.

Get the idea? Again, you’re not limited to one outcome.

So, pick outcomes that bring you the most beneficial clients.

Take a stand. Reveal myths, declare your beliefs or go against common claims in your industry.

You might create a few critics—and that’s fine. Critics are a sure sign you’re doing something right.

Showcase your skills. Few actions create credibility faster than live demonstrations of your abilities.

Hold events that highlight your prospects’ desired outcome(s). Or, to heighten your authority status even more, present these topics to other people’s audiences.

Develop a signature strategy. I bet you have a unique way to produce results. Why not share the details and give your approach or system a name?

Check out the iRobot Roomba vacuum and you’ll see it doesn’t just remove dirt from floors/carpets (like all other competitors). Instead, it uses “the revolutionary AeroForce™ Performance Cleaning System to clean floors like no vacuum has ever cleaned before.”

The distinctive name implies deep knowledge, extensive research and, most importantly, results.

So, there are a few ideas to get you started. Don’t forget to keep me updated on your progress. n Tom Trush is a Phoenix, Ariz.-based direct-response copywriter who helps entrepreneurs and executives craft lead-generating marketing materials. Pick up his latest book, Escape the Expected: The Secret Psychology of Selling to Today’s Skeptical Consumers, for free (just cover shipping) at www.writewaysolutions.com/blog/ free-book-offer.

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Marketing Myths

Most Lawyers Believe

by Trey Ryder

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5

“My marketing’s most important purpose is to promote my services.” False! The most important purpose of your marketing is to establish that you can be trusted. Most of us don’t do business with people we don’t trust. While your prospect is considering whether to hire your services, he is also trying to determine whether he trusts you.

“It makes no difference whether my photo appears in my marketing materials.” Not true. Your photograph is a key piece of your marketing puzzle. A warm, friendly, engaging photo with good eye contact can do wonders for your marketing.

It helps establish a friendly, trusting relationship with your prospects and increases your reader’s comfort. Prospects don’t care what you look like, but they feel better when they know.

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6

“My prospects know the services I offer.” Not true. If you believe prospects know the services you offer, you will start losing clients to lawyers who make their offering of specific services crystal clear. Many lawyers have had the experience where one of their clients has gone to another lawyer because he didn’t know the first lawyer provided the same service. Write a detailed list of your services and give a copy to all clients and prospects—because if prospects don’t see the service they want on your list, they may go to another lawyer.

“Interacting with prospects is a waste of time.” Wrong. Always look for new ways to get prospects to interact with you. The more prospects talk with you, the more opportunities you have to explain how you can help them. Your interaction can take place over the telephone, in your office, at your seminar, by email—almost anywhere. The nature of the interaction doesn’t matter as long as you and your prospect carry on a meaningful dialogue.

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“My referral sources will send me all the new clients I want.”

It won’t happen. Certainly you’re grateful to get referrals from time to time. But if you think all the new business you want and need will come from referrals, 99% of the time you’re wrong.

You must develop a marketing program that will attract clients directly to you so you don’t rely solely on referrals. Also, this helps you avoid paying referral fees.

“I have to be careful not to repeat myself when talking with prospects.” Wrong. When people take in new information, they forget most of it. And unless prospects remember what you say, they won’t likely hire you. It’s good to repeat yourself when you want to make a key point. Selective redundancy gives you the opportunity to convey your message from two or three different perspectives.

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“When prospects or clients have questions, they will call me.”

Not true. People often hesitate to call unless they know their calls are welcome. This is particularly true of prospects who haven’t yet established a relationship with you. In all of your communications, invite prospects and clients to call you with their questions or problems. Often, their questions lead to work you can perform on their behalf.

“My prospects understand what I say because they know the legal vocabulary.” Not true. When you assume your prospects have basic knowledge or understand simple terms, you’re often wrong. Your message means nothing if your prospects don’t understand what you’re saying. Always go back to square one.

Make sure you’re not talking over your prospects’ heads. And if you must use a legal term, make sure you define it.

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Attorney Journals San Diego | Volume 195, 2019

9 “Marketing methods don’t work as well today as they once did.”

Not true. If your marketing doesn’t work, it’s probably due to a poor, inadequate or incomplete marketing message. Don’t blame the method that delivers the message when it’s really the message that’s lacking. You should design your marketing message as carefully as you prepare a case for trial.

information packet any number of ways, such as through your advertising, publicity, newsletters or mail. When your prospect thinks about his problem, he sees that you offer material on the subject. Then he calls or emails your office and requests your information. You respond by sending your materials, as promised. In many cases, this puts your marketing message into his hands before he calls other lawyers.

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“The more complicated my message, the more prospects will understand the need for my services.” Wrong. Every day, your prospects suffer from information overload. They screen out complicated messages. Keep your message simple because a simple message is the only message that has any chance of getting through to your target audience.

“My quarterly newsletter will prove to be an effective marketing tool.” Not even close! In today’s over-advertised society, you’re fortunate indeed if you can create an impression in your prospect’s mind. If you hope to make your impression stick, you should send your newsletter at least monthly. The more often you mail to prospects on your mailing list, the more new business you will likely attract. The frequency with which you deliver your newsletter is much more important than its size.

11 “How an advertisement looks is not as important as what the ad says.” Not true. Graphics in print ads are critical, not only to your image, but also to make sure your ad seizes your prospect’s attention. Yes, a powerful message is important. But without strong graphics, your prospect may never see your ad. Then you’ve wasted your money.

12 “Prospects and clients don’t mind when I’m slow to return phone calls. They understand that I’m busy.” In your dreams! Everybody’s busy. Delays in returning phone calls are one of the biggest sources of complaints about lawyers’ services. They are a major hot button with clients and prospects. When you return phone calls promptly, you make a powerful, positive impression. When you don’t, the impression you make is far more negative than you might imagine.

Prospects cannot easily assess the depth of your knowledge or experience. But one thing they evaluate quickly is whether you return phone calls promptly.

13 “The articles our public relations firm generates will attract new clients.” Maybe not. In most cases, P.R. programs bring exposure, but exposure does not always bring new clients. Attorneys routinely report, “We were happy with the number of articles about our firm, but we didn’t get even one new client!” A good publicity program can be an important part of your marketing program. But whether it generates only exposure or solid marketing results depends on the experience and know-how of the person conducting your program.

14 “The most effective time to deliver my marketing message is when my prospect is in my office.” Wrong! The most effective time to deliver your marketing message is when your prospect first thinks about his problem and wants to know what solutions are available. You have a significant advantage over other attorneys when you have a packet of materials you can mail to your prospect, regardless of his location. You can offer your

16 “By lowering my fees, I’ll gain a strong competitive position.”

Not true. When you lower your fees, (1) you undermine your credibility because prospects wonder why your services are no longer worth what you once charged, (2) you attract clients who know the price of everything and the value of nothing (people who are loyal to the dollar are never loyal to you!), and (3) you lose money because it is usually impossible to achieve the volume of cases you need to make up for the profits you lose. Instead of lowering your fees, raise them—because it’s easier to justify why you charge so much than to explain why you charge so little.

17 “If I invest enough dollars in marketing, I will eventually get the results I want.” Not necessarily. Your results depend on the marketing method you use. If you don’t get favorable results from a small investment, you won’t likely get better results from a larger investment. The key element is the strategy you select, not the amount of money you invest.

18 “To attract new clients, I should promote my services.” No! When you promote your services, you take on the role of a salesperson, which undermines your credibility. This is called selling-based marketing. Instead, promote your knowledge using Education-Based Marketing. This allows you to attract new clients, increase referrals, strengthen client loyalty and build your image as an authority without selling. Education-Based Marketing gives prospects what they want, information and advice—and it removes what they don’t want, a sales pitch. n Trey Ryder shares his marketing method with lawyers through a wide range of publications. In addition, he writes and publishes his free e-zine, The Ryder Method™ of Education-Based Marketing. And he maintains the Lawyer Marketing Advisor at www.treyryder.com. He can be reached at: trey@treyryder.com

Attorney Journals San Diego | Volume 195, 2019

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Content Marketing and Blog Trends for Lawyers in 2020

by Jim Bliwas

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ike almost everything else in business, there are cycles of what clients want to read at blogs written by attorneys and law firms. In 2020, the most important development in content marketing trends for attorneys will be that the preferences of clients is changing—again. As a result, lawyers and law firms need to adjust their content strategy and approach to maximize the likelihood of generating new opportunities.

Analytics we run for clients are revealing how content trends had shifted in the past several months. “Think pieces” of roughly 1,000-to-1,300 words are gaining favor over posts that are shorter and take a “how to do something” approach.

Content Cycles Content marketing trends and tactics have gone through perhaps five cycles since we invented the concept in 1992— before anyone knew it was a thing or had heard the phrase.

• When we replaced all of the newsletters and brochures of a major firm with a glossy, four-color business magazine, studies revealed that the articles getting the most reads and generating “letters to the editor” ran around 1,000 words. Articles in each issue covered emerging business trends with a legal implication that executives needed to be thinking about for their company.

• When websites came into widespread use and some firms began writing blogs, short pieces of around 300 words became the most-widely read.

• Ten years ago, when blogs were becoming more common and SEO became an important tool, both readers and Mr. Google were happiest with content that ran roughly 750-to-1,000 words. Favored content was nitty-gritty focusing on decisions, laws and regulations.

• About the same time that firms figured this out around 2015 or so and began posting longer blogs, everything changed once more with viewers and search engines preferring pieces of 600-to-750 words.

The latest shift to a preference for longer pieces means that lawyers have to change what and how they write blogs that their target wants to read.

Case Study The positive impact of paying attention to blogging trends can be seen in our content marketing tactics with clients. A case study illustrates the point.

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Attorney Journals San Diego | Volume 195, 2019

We work with a corporate lawyer at a mid-sized firm. She had us write blogs every week about new regulations and pending laws that would impact public companies, what executives acquiring another company needed to focus on in their due diligence, court decisions that affected businesses and how a company gets in trouble with employment contracts.

As we do with all clients, we tracked numerous metrics. The blogs averaged about 635 words each. Over the past year, we saw the number of readers slowly dwindling from a peak of around 275 per week after we’d been writing her pieces for about four months to 150 readers a week. Engagement declined as well: Few, if any, readers were leaving remarks anymore either at the website or on LinkedIn where she promoted each new blog.

We suggested a “think piece” topic based on a slowly emerging trend in her focus area. It ran nearly 1,200 words, which made her nervous.

Yet within three days of it being optimized and going live, it attracted more than 500 readers and seven comments. Her LinkedIn promo was shared by three people, extending her reach. More crucial is that she received four queries asking for help with the issue she’d raised. That’s thousands in revenue she would not have had if she stuck to “just the facts” blogs. Think pieces now are the focus of her content marketing strategy.

Lessons for Attorneys There are three broad lessons to be taken from the current trend in reader preferences.

First, you need to understand what people want to read and how they want to read it.

Second, use the information that’s available to ensure that your ideas will resonate with the people you want and need to attract.

Third, don’t be afraid to change “we’ve always done it this way” when your audience wants you to do it that way—and keep measuring the results.

It is one thing to invest the time and energy in creating content for your website. But if it is not written the way your target audience wants to read it and provides the kind of information they find useful, then all you are doing is indulging in an intellectual exercise that won’t be as likely to get someone to pick up the phone to ask, “Can you help me?” n Jim Bliwas is senior marketing and communications strategist for PSM Marketing LLC, He’s worked in a number of law firms as CMO and with lawyers since 1987, and writes blogs and other content for attorneys in a wide range of practice areas.

THE FIRE LAWYERS Singleton Law Firm Fights for Fire Victims “One of the things I love about my work is that we represent families in times of their greatest stress, particularly when we represent people with losses due to fires. When people come to us, they’re in a very difficult situation. By the time the case is over we have assisted them in rebuilding their lives, starting over and moving forward. To me that’s incredibly rewarding professionally, but also on a personal level,” says Gerald “Jerry” Singleton, founder of Singleton Law Firm.

While the firm represents clients in personal injury, civil rights, and mass torts, they have built a remarkable record in fire litigation and an equally remarkable record in the professional and personal service provided to their clients. Singleton has a reputation for fighting against mass tort models that lump clients together without consideration for each person’s individual needs. As Singleton says, “Mass torts present risky incentives for lawyers to put their needs for convenience and maximizing fees above the client’s needs to have an attorney fight for each person on a case-by-case basis. Every fire victim is not alike. Every Roundup victim is not alike. They need lawyers who fight individually not en masse.”

One example of Singleton’s drive to help each client is illustrated in his advocacy in the 2015 Butte Fire. The firm represented more than 2,000 people in the fire that destroyed more than 500 homes in Calaveras County. Singleton was concerned about his clients who were living in temporary shelter without heat and were vulnerable to freezing temperatures 16

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from a fast approaching winter.

Singleton pitched the idea of an emergency needs fund to counsel for defendant Pacific Gas & Electric (PG&E).

Although the case had barely begun and Cal Fire had not issued its report on the cause of the fire, PG&E counsel was willing to entertain the idea of a fund to help uninsured fire victims.

Singleton credits PG&E’s counsel at the time with embracing his idea and advocating with their client to make the fund a reality. Out of this unusual collaboration, the Urgent Needs Fund was created. The fund provided grants up to $50,000 for uninsured homeowners and up to $10,000 for uninsured renters who lost homes in the fire.

Singleton refused to charge any fees for assisting these devastated families in applying for the Urgent Needs Fund.

Singleton Law Firm provided free assistance to all fire victims who applied to the fund whether or not they were clients.

“It’s all about people. Victims like these folks are either very raw and emotional or they’re shell shocked and functioning on autopilot. It can take a long time for people to fully comprehend the scope of loss and devastation that happens when your home and all your belongings are destroyed by fire. These are lifechanging events. We try to help clients return to some degree of normalcy,” Singleton says.

A client sums up their approach well. Jeff Robinson says, “When I met Jerry Singleton, I didn’t know what to expect.

I had never dealt with a fire before. I had a stereotype of

JOURNALS

ATTORNEY

OF THE MONTH

(Left to Right): Erika Vasquez, Gerald Singleton, Brody McBride, Amanda LoCurto

© Bauman Photographers

2019

ambulance chasers telling us all the great things they are going to do us for us. He blew up all the stereotypes of ambulance chasers. He is a shining star. I always knew he was fighting for me.” Robinson is a founder and director of nationally renowned summer camps for at-risk youth. His camp was damaged by the 2013 Powerhouse Fire in northern Los Angeles County.

“I couldn’t get anybody to pay attention to us: not the Forestry Service or our Congressmen nor anyone else except for Singleton’s team. They held my hand all the way through.

The way he handled the settlement was genius. I would have gone out of business if it wasn’t for Jerry. He took every call and answered every question I had. This is the guy you would want by your side.”

Singleton Law Firm has represented more fire victims than any other firm in California and has recovered more than $850 million for their clients. The numbers tell a remarkable story of people served: 1,600 people in the 2007 San Diego Fires, 300 in the 2013 Powerhouse Fire, 2,000 in the 2015 Butte Fire, 2,000 in the 2017 North Bay Fires, 2,000 in the 2018 Camp Fire, and 1,300 in the 2017 Thomas and 2018 Woolsey Fires.

Singleton says, “Where else can you get that kind of reward?

Yes, the law is my work. It’s my job. But it’s my life’s work. I truly enjoy helping people through hard times.”

Every Client Counts Singleton’s first job out of law school was with Federal Defenders, Inc. of San Diego. Singleton uses the lessons he learned at that office every day in his practice. At Federal Defenders, he represented people who could not afford a lawyer and were accused of federal crimes. “The ethos of the office was that you give the best defense to everyone no matter their station in life. In my career, I have represented everyone from homeless people to billionaires. They all have one thing in common: they need a lawyer to fight for them. I give them all the same level of service,” Singleton says. He learned well from two lawyers who were his mentors at Federal Defenders.

Shereen Charlick and Mark Fleming went onto illustrious careers: Charlick is a Superior Court Judge in San Diego and Fleming is a successful criminal and civil lawyer.

It’s a Family Thing “There is a thread of family in my professional life,” Singleton says.

He first became interested in a career in law while working in his father’s law firm in high school. Singleton’s father, Terry Singleton, has been a personal injury lawyer for more than 40 years and father and son still work on select cases together.

Singleton began working on fire cases before he became a lawyer. At his father’s firm, he worked on a behalf of fire victims who lost their homes in the 1993 Guejito Fire, which was sparked by San Diego Gas & Electric (SDG&E) power lines.

He became close with the fire victims by sitting with them, listening to their harrowing stories of escape, and helping them 18

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quantify their extensive losses.

Singleton and his father teamed up in 2007 when three power line fires devastated parts of San Diego County. They joined with other law firms to form the San Diego Fire Lawyers, a group that represented the largest group of plaintiffs in litigation against SDG&E. The family thread continued to wind through his career when Singleton met his future wife and law partner, Joy, at Escondido High School in 1988. They went to different law schools (she attended Yale while he attended Boalt Hall at UC

© Bauman Photographers

The Singleton Law Firm Team (Top to Bottom, Left to Right): Gary LoCurto, Bryan Phillips, Kristina Lese, Guillermo Campos, Tyler Waters, Chuy Muñoz, Darrel Wood, Alexia Salcedo, Kristen Miller, Samantha Mora, Elizabeth Flores, Amanda LoCurto, Bersabeh Reasoner, Christine Brekke, Sean Manee, Erika Vasquez, Gerald Singleton, Brody McBride, Ralph Webb, Joana Estrada, Trenton Lamere

Berkeley). They now practice together at Singleton Law Firm.

From simple beginnings in borrowed office space in 2003, the firm has grown into a multimillion dollar firm with more than 40 employees, offices in San Diego, Sacramento, Ventura, and Santa Rosa, and thousands of clients in 2019. They employ 16 attorneys and more than 25 paralegals, assistants, and support staff.

One of the key philosophies behind the firm’s rapid and successful growth is in Singleton’s drive to find the right mix of people who have the talent, skill and compassion to meet

his high standards. “It’s finding the right people and giving them the latitude to do what they need to do. You can’t micromanage, particularly when you have nearly fifty people in your organization. You have to be comfortable giving others authority and making sure you set the overall goals clearly,” he says.

Singleton’s advice to young attorneys is to find what they really want to do in life. “It is very common advice; I think it is so common because it is true.” He says, like most people, finding that career path took time. “I like criminal defense, but Attorney Journals San Diego | Volume 195, 2019

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© Bauman Photographers

EXPERIENCE

that wasn’t it. What I really enjoy are large-scale personal injury cases. I put together teams of people, and I like being able to help large numbers of people. That’s what these cases allow us to do. The advice I’d give everybody is to find what you really enjoy because when you do that, you love going to work every day. Some days are obviously more fun than others. But how many people can say their job is professionally and personally rewarding and at the same time fun?”

Answering the Call Singleton Law Firm attorneys work with outside attorneys on approximately 90 percent of their cases. Singleton enjoys teaming up with other lawyers who bring their own unique talents to each case.

The firm has paid out millions of dollars in referral fees since its inception. “We pay very good referral fees. We deal with people the way we’d like to be dealt with if we were referring a case. Many lawyers end up referring their fire cases to us because we have the expertise and the experts to work up the cases. Proving up fire cases requires an incredible capital investment for experts and intensive staffing to prove liability and damages. One thing I’ve never had is issues with people who have referred cases. It’s always worked out for them, and it’s worked well for us,” Singleton says.

As part of its commitment to the community at large, the firm has litigated many pro bono cases. Several staff members serve as Court Appointed Special Advocates for foster children and Big Brothers. Singleton is a member of the American Association of Justice and co-chair of the Wildfires Litigation Group. Additionally, Jerry and Joy Singleton have both served on the Boards of Directors of foster care advocacy organizations, including the Youth Law Center, the North American Association of Adoptable Children, and California Youth Connection. Joy Singleton is currently the Chair of the Board of Directors of Angels Foster Family Agency in San Diego.

Singleton says, “Regardless of whether we’re working pro bono or for paying clients or serving in a volunteer position in the community, the best part of the job is being able to help people. When you can help people in trouble—in serious, sometimes life-threatening trouble—and you can see them through one of the hardest moments in their lives, there’s just no feeling better than that.” ■ Contact Jerry Singleton Singleton Law Firm 450 A Street, 5th Floor San Diego, California 92101 (619) 771-3473 www.SLFfirm.com

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» EDUCATION

• University of California, Berkeley (Boalt Hall), Juris Doctorate May 2000 Honors: Legal Research and Writing Award • Dartmouth College, Cum Laude, Bachelor of Arts in Political Philosophy June 1996 Honors: High Honors for Thesis; Department of Government Prize for Thesis, Dean’s List

» PROFESSIONAL HIGHLIGHTS

• More than 100 verdicts or settlements of $1,000,000 or more.

• Represented over 1,600 clients in suits against SDG&E and Sempra Energy stemming from the October 2007 fires. This was the largest civil case in the history of San Diego County at the time it was filed.

• Obtained a verdict of $8,234,522.00 in Vista Superior Court in 2009 on behalf of a construction worker who sustained catastrophic electrical burns on a job site.

» REVIEWS FROM PAST CLIENTS • • • •

Google Reviews: Average rating of 5-Stars Facebook Reviews: Average rating of 5-Stars AVVO Reviews: Average rating of 5-Stars Yelp Reviews: Average rating of 5-Stars

» MEMBERSHIPS AND AFFILIATIONS • • • • • • • • •

National Lawyers Guild National Police Accountability Project (NLG) Consumer Attorneys of San Diego Consumer Attorneys of California American Association for Justice State Bar of California State Bar of Texas Past Board President, Encinitas Educational Foundation Past Board Member, Youth Law Center

L AW Y E RS H E L P I N G OT H E RS

JAMIE BECK F R E E TO T H R I V E

Inspired by a human trafficking survivor who later became a pro bono client, Jamie Beck decided to help other survivors. She learned that human trafficking survivors desperately need civil lawyers. Her law firm at the time, Procopio, graciously allowed Jamie to work with human trafficking survivors pro bono.

Human trafficking involves the use of force, fraud, or coercion to obtain labor or commercial sex and the commercial sexual exploitation of minors.

“I went to law school because I wanted to help people. But, I did not find this work, it found me.”

In 2017, Jamie committed to helping survivors full-time. She founded Free to Thrive, a nonprofit that provides legal services for human trafficking survivors.

Today, Free to Thrive’s nine-member staff serves over 150 clients and 17 clinic locations throughout the county.

Free to Thrive’s four staff attorneys and pro bono attorneys help survivors change their legal names, regain child custody, divorce abusive spouses, vacate criminal records, and much more.

To become a pro bono attorney, learn more, or donate, visit www.freetothrive.org Jamie Beck is not affiliated with the Vosseller Law Firm.

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

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

858-429-4062 www.vosslawyer.com

VOSSELLER LAW FIRM

6 Interview Strategies for Solo and Small Law Firms

by Randi Lewis

H

iring the right lawyers is a critical component of any law firm’s success. But developing an interview strategy to heighten the chances of successful hiring is even more important for solo and small practices because they have little room for error.

Below are six strategies to help solo and small practitioners identify top performers.

Define Hiring Objectives Give considered thought to your firm’s needs plus the hard and soft skills you seek in a candidate. Develop a job description or write down a list of required and preferred skills. List situations your firm regularly encounters to assist you in creating behavioral-based interview questions discussed below.

Be Prepared Prepare for each interview. Your preparedness will send a message about your interest in the candidate, your engagement in the hiring process, and your professionalism in general: Prepare a list of questions to ask each candidate to provide an objective means of comparing candidates with one another.

• Before each interview, review the candidate’s resume, LinkedIn profile and law firm bio, if any. Some firms also review a candidate’s other social media accounts.

• Use this exercise to identify red flags and areas of interest about each candidate.

• Ensure all interviewers are familiar with appropriate and inappropriate interview questions. For example, refrain from asking questions related to a candidate’s age, race, ethnicity, national origin, birthplace, citizenship, gender, sex, sexual orientation, family status, marital status, pregnancy, religion, or disability.

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Interview Like a Pro You are selling your firm during each interview. As a result, show up on time and be engaged, polite and enthusiastic.

Tell each candidate about the history of your firm, the work you do, the reason for your need and the skills you seek.

Provide the candidate insight about your firm beyond what is available online.

During the interview, consider providing a “day-in-thelife” scenario to help the candidate visualize being a part of your team and to create a true interest in your firm. Initial interest is demonstrated, in part, by whether, and if so, how much the candidate researched the firm. You should be able to measure further engagement by eye contact, body language and conversational chemistry.

Standard Questions After you have discussed your firm and your needs, you might consider asking the next logical question: Does this opportunity appeal to you? This will be an opportunity to assess the candidate’s personality, work ethic, communication style and interest in the firm.

Consider posing some of these questions to help you assess whether each candidate might be a fit: • Tell us a little about yourself.

• Why did you decide to become a lawyer?

• What are your short-term and long-term career goals?

• Go through the candidate’s resume and ask questions about legal experience and skills that align with the hiring objectives you identified.

• While asking questions about the resume, consider asking about the highs and lows regarding projectspecific work, education or employment.

• How do you prioritize multiple assignments?

• What feedback have you been given on the work you have done?

• What skills and strengths are you hoping to improve on in the next several years?

• Ask questions about red flags identified, such as gaps in employment.

• One of the last questions you should ask is: Do you have any questions for us? If the candidate has no questions it could be a sign of a lack of interest or a lack of preparation. But not always.

Behavioral-based Questions Sometimes, asking behavioral-based interview questions may help you identify which candidates are likely to be high performers in your work environment. Specific questions will depend on the needs you have identified. Consider these types of questions: • Persuasiveness/emotional intelligence. Tell us about a situation where you had to persuade a boss to accept your point of view.

• Resourcefulness. Tell us about a time when you struggled on a project.

• Endurance. Tell us about a time you failed at something.

• Accountability. Tell us about a time when you had to admit making a mistake.

• Grit and determination. Tell us about a time when you wanted to give up in a work setting but chose to persevere.

The 20/80 Rule Effective interviewers will talk about 20% of the time and allow the candidate to talk 80% of the time. Refrain from doing most of the talking. The only way you will be able to evaluate whether each candidate is a fit for you is to ask questions, let them answer them and ask follow-up questions.

By following this general protocol, you should be able to assess candidates’ hard and soft skills to determine whether their legal acumen, work style and personality will fit into your environment. If you take the time to define your needs and prepare for each interview, you will increase your chances of hiring the right lawyer for your practice n Randi Lewis, is a Partner Practice Group, Managing Director with Major, Lindsey & Africa. Randi represents and places partners, groups and associates into law firms of all sizes. She also collaborates with their in-house team to place lawyers in legal departments of local, regional and global businesses.

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California Case Summaries New California Civil Cases

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

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

CALIFORNIA SUPREME COURT Civil Code White v. Square, Inc. (2019) _ Cal.5th _ , 2019 WL 3771912: The California Supreme Court, answering a question posted by the United States Court of Appeals for the Ninth Circuit, ruled that a plaintiff has standing to bring a claim under the Unruh Civil Rights Act (Unruh Act; Civil Code, section 51 et seq.) when the plaintiff visits a business’s website with the intent of using its services, encounters terms and conditions that allegedly deny the plaintiff full and equal access to its services, and then leaves the website without entering into an agreement with the service provider. A person suffers discrimination under the Unruh Act when the person presents himself or herself to a business with an intent to use its services but encounters an exclusionary policy or practice that prevents him or her from using those services. (August 12, 2019.)

CALIFORNIA COURTS OF APPEAL Appeals Branom v. Diamond (2019) _ Cal.App.5th Supp. _ , 2019 WL 4007562: The Appellate Department of the Los Angeles Superior Court dismissed a purported appeal by plaintiff of the trial court’s order denying plaintiff’s motion for a new trial following a voluntary expedited jury trial where jury awarded economic damages to plaintiff of $2,450. Pursuant to Code of Civil Procedure section 630.09, plaintiff and all parties waived their right to appeal by entering into a consent order stipulating that they waived “all rights to appeal” and by participating in a voluntary expedited jury trial. (Appellate Department of the Los Angeles Superior Court, August 23, 2019.)

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Arbitration Franco v. Greystone Ridge Condominium (2019) _ Cal.App.5th _ , 2019 WL 3811889: The Court of Appeal reversed the trial court’s order denying defendant’s motion to compel arbitration of a complaint asserting employment-related claims. Although the complaint was filed ten days before the arbitration agreement was signed, the Court of Appeal ruled that the agreement was clear, explicit, and unequivocal with regard to the claims subject to it and contained no qualifying language limiting its applicability to claims that had yet to accrue. Moreover, the agreement’s reference to claims relating to “pre-hire” matters expressed an intent to cover all claims, regardless of when they accrued, that were not otherwise expressly excluded by the arbitration agreement. (C.A. 4th, filed August 14, 2019, published August 27, 2019.)

J.H. Boyd Enterprises, Inc. v. Boyd (2019) _ Cal.App.5th _ , 2019 WL 4273880: The Court of Appeal affirmed the trial court’s order denying a motion to compel arbitration but dismissed the portion of the appeal from an order denying judicial reference because that was not an appealable order.

The Court of Appeal ruled that the dispute, as framed by the complaint, was governed by California law. Since the dispute concerned a secured loan and plaintiff had not elected to proceed with the arbitration, under paragraph F of the promissory note, the dispute could not be submitted to arbitration. (C.A. 5th, filed August 23, 2019, published September 10, 2019.)

Attorneys Mancini & Associates v. Schwetz (2019) _ Cal.App.5th _ , 2019 WL 4187472: The Court of Appeal affirmed the trial court’s entry of judgment for plaintiff in the sum of $409,351, following a court trial, based upon tort theories of interference with contract and economic advantage.

Plaintiff was a law firm that had previously sued defendant

for employment-related claims on behalf of a client. That lawsuit resulted in a jury verdict in favor of plaintiff’s client for $68,650 against defendant, plus an award of $12,622.46 in costs and $136,050 in attorney fees. Plaintiff law firm sought to collect on the judgment for its client, without success, except for collecting $40 in a judgment debtor exam. Six years after the judgment was entered, plaintiff’s client contacted defendant, met him for lunch, and resumed their friendship. Defendant and plaintiff’s client later entered into a Memorandum of Settlement and Mutual Release that released defendant from all judgments, fees and costs. The Court of Appeal ruled that defendant’s conduct was noncommunicative and therefore was not protected by the litigation privilege in Civil Code section 47. It affirmed the judgment for plaintiff because a third party who impairs an attorney’s rights pursuant to a contractual lien may be subject to liability for tortious interference with contractual relations or prospective economic advantage.

(C.A. 2nd, September 4, 2019.)

Business Quidel Corporation v. Super. Ct. (2019) _ Cal.App.5th _ , 2019 WL 4071848: The Court of Appeal granted a writ petition directing the trial court to vacate the summary judgment it granted in favor of defendant. The Court of Appeal ruled that Business & Professions Code 16600 doe not invalidate all contractual noncompete provisions outside the employment context. The trial court improperly extended, beyond the employment context, the holding from Edwards v. Arthur Andersen LLP (2008) 44 Cal.4th 937 to a provision in a business agreement1 between two companies. (C.A. 4th, August 29, 2019.)

Civil Code Cheema v. L.S. Trucking, Inc. (2019) _ Cal.App.5th _ , 2019 WL 4440131: The Court of Appeal reversed the trial court’s order denying plaintiff’s request for prejudgment interest, and also penalty interest under Civil Code section 3322. After a nine-day bench trial, the trial court properly found for plaintiff and awarded him net damages of $19,113.84. The trial court later properly awarded plaintiff attorney fees of $100,415. The trial court erred in holding that plaintiff was not entitled to prejudgment interest. There was no dispute or uncertainty over the amount of damages plaintiff claimed and to which he was ultimately determined to be entitled. The only dispute was whether defendant was entitled to deduct rental charges, in an ascertained amount, from the undisputed amount otherwise owed. Plaintiff was also entitled to 2 percent penalty interest under section 3322. However, the penalty should be applied only to the payments not made to plaintiff within the specified statutory period, excluding those amounts that were withheld as rental deductions. (C.A. 1st, September 17, 2019.)

1

Civil Procedure Hicks v. Richard (2019) _ Cal.App.5th _ , 2019 WL 4439313: The Court of Appeal reversed the trial court’s order denying defendant’s anti-SLAPP motion to strike plaintiff’s complaint for defamation and intentional infliction of emotional distress. Plaintiff sued because he was removed as the principal of a Catholic elementary and middle school after defendant (the chair of the school advisory board) sent a letter criticizing plaintiff to the Diocese of San Diego. The Court of Appeal ruled that the letter was protected activity. However, the Court of Appeal ruled that the trial court erred in concluding the common interest privilege did not apply to these facts. Plaintiff did not present any evidence of malice, which was necessary to establish that the common interest privilege did not apply. Because the common interest privilege applied, plaintiff could not establish a probability that he would prevail on the claim. (C.A. 4th, September 17, 2019.)

Insurance Terrell v. State Farm General Ins. Co. (2019) _ Cal. App.5th _ , 2019 WL 4686477: The Court of Appeal affirmed the trial court’s order granting summary judgment for defendant in an action by plaintiffs seeking to compel their homeowners carrier to provide a defense and indemnity regarding a personal injury claim by a tenant who was renting plaintiffs’ home. The trial court properly granted summary judgment because the homeowners policy excluded coverage for injuries arising out of an insured’s business pursuits or the rental of their home. (C.A. 1st, September 26, 2019.)

Settlement Red & White Distribution v. Osteroid Enterprises (2019) _ Cal.App.5th _ , 2019 WL 3759458: The Court of Appeal reversed in part and affirmed in part the trial court’s order granting a stipulation to enforce a stipulated judgment. The Court of Appeal found there was substantial evidence supporting the trial court finding that defendant had breached the settlement agreement. However, the trial court erred in entering the stipulated judgment because it included an additional $700,000 over the settlement amount of $2.1 million, and this was an unenforceable penalty under Civil Code section 1671(b). (C.A. 2nd, August 9, 2019.) n

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Attorney Journals San Diego | Volume 195, 2019

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7 Tips to Help Lawyers Become Legal Correspondents to the Media

by Gina F. Rubel

W

hen you think of legal media correspondents, who do you think of? Names that quickly come to mind for me are NBC’s Savannah Guthrie and Dan Abrams, NPR’s Nina Totenberg, MSNBC’s Ari Melber, and Ann Coulter. Then there are lots of famous criminal defense and civil rights lawyers who have made their mark on the media like Gloria Allred, Johnnie Cochran, Mark Geragos, and Leslie Abramson. While this is by no means an exhaustive list, it demonstrates that there are names of lawyers who come to mind quickly and are memorable because of their exploits in the media.

Have you ever wondered how to become a legal media correspondent?

When it comes to evaluating, dissecting and discussing legal matters in the court of public opinion, lawyers and law school professors are almost always the best source. But how do you get invited to the table? There are an infinite number of legal issues that the media deals with daily. Think of some of the recent issues we’ve seen play out in the media: There is no area of life or business that is devoid of lawsuits, media scrutiny or public interest.

1. Become an “expert.” All lawyers go to law school and graduate as generalists: we understand how to evaluate a matter and apply legal theory, logic, the rules of evidence and law to address the issues. We know how to take a position and defend it—and it doesn’t matter the type of legal matter. However, in order to be considered an “expert” in an area, or at least for the media to see you as having something to contribute, you need to have made an impact in your area of practice or industry. This can mean working on high-profile matters or precedent-setting cases, it could mean working in the same arena for more than 10 years, and it can mean creating a niche by happenstance because you had the opportunity to handle an emerging area of the law.

In 2018, a former prosecutor in the Bill Cosby case reached out to my public relations agency to seek representation before Cosby’s sentencing hearing. Cosby, often referred to as “America’s Dad” in pop culture, was convicted of three counts of aggravated indecent assault. It shocked the nation, and the conviction had a massive effect on the Philadelphia region where Cosby was revered as a hometown hero. Stewart Ryan, now a personal injury lawyer with Laffey, Bucci & Kent in Philadelphia, was a crucial part of the prosecution team in the conviction of Bill Cosby on charges of sexual assault.

Stewart was the only assistant district attorney to remain with the Montgomery County prosecutor’s office from the time of 28

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Cosby’s arrest through his conviction. Stewart successfully prosecuted this historic case and was later commended by Montgomery County District Attorney Kevin Steele for “his legal acumen, courtroom skills, commitment to seeking justice for all sexual assault victims, and outstanding leadership.”

Stewart had previously been barred from speaking to the media but could speak publicly after the sentencing hearing. His aim was to become a thought leader on sexual assault cases to support his civil law practice. Because Stewart had a story to tell, the expertise to back it up, and the timing was right, he secured significant media placements. Following the sentencing hearing, Stewart Ryan was interviewed by the Associated Press, The New York Times, The Legal Intelligencer, and the ABC and NBC affiliates in Philadelphia. Furia Rubel also arranged an appearance on “Good Morning America” the following day where Stewart appeared on a panel with Gloria Allred, to discuss the sentencing with the show’s anchor, George Stephanopoulos.

2. Establish and cultivate relationships. “The best way to become a source is to cultivate relationships with journalists by tying your legal expertise to real world events and pitching it as a story. Once a producer sees you are articulate and available, you can quickly become a go-to person on issues within your area of practice and beyond,” said Cherri Gregg, Esq., Community Affairs reporter, KYW Newsradio and VP-Broadcast, Philadelphia Association of Black Journalists.

Kenneth M. Rothweiler, Esq., a personal injury attorney and legal analyst to FOX29 in Philadelphia said, “Becoming a trusted media source is like any other relationship that needs to be cultivated. It is important to help the producers to identify important legal topics, trends and stories and then be able to deliver information of value and relevance to the outlet’s audience.

I have found that legal analysis requires me to analyze the facts, law, evidence, situation and jury pool as opposed to injecting my own opinion into commentary.”

3. Understand and respect deadlines. The easiest way to lose the respect of reporters is to miss deadlines, fail to respond to their queries, and be unreachable when you’ve positioned yourself as a media source. If a producer or journalist reaches out to you for background information or to discuss a pending matter, respond immediately. Stories run online and off, 24/7/365.

4. Never say, “no comment.” A lawyer should never say “no comment.” When a lawyer says this, it is perceived as an attempt to hide something or avoid telling the truth. If something is confidential, then tell the interviewer you cannot divulge

confidential information. If you don’t know the answer, say so. But please, never say, “no comment.”

5. Be witty and relatable; speak in plain English. Speak in plain English and avoid legal jargon to ensure that your message is clearly understood by your audience. While doing so, be witty and relatable. While almost all issues that lawyers are asked to comment on are serious, a bit of wit will go a long way.

6. Speak in sound bites. Practice your topic in sound bites. Television is a great medium for short, quick sound bites that the viewers can remember. Television reporters are looking for short, to-the-point statements. You will rarely see a person talking for more than nine to 10 seconds during a television story. Sound bites aren’t only for television. They are important to get your point across in print, online, on radio and on the short (and oftentimes edited) videos that make their way onto social media.

Contrary to my earlier advice, Danny Cevallos, Esq., a criminal defense attorney and frequent media correspondent with CNN said, “Reporters don’t care so much about a lawyer’s pedigree or the cases won or lost.

They need quotes.” He said, “As lawyers, we often have a lot to say but reporters aren’t looking for a law review article. Speak in sound bites and don’t marry yourself to your ideas as if they are some holy nugget.”

7. Be trustworthy and prepared. Heather Hansen, Esq., an insurance defense litigator and legal media correspondent, said there is a difference between being trusted and being popular. “Unfortunately, in today’s saturated media environment, the public doesn’t trust many members of the media. In order to gain the public’s trust, the legal correspondent needs to be prepared. The legal questions we are asked to cover span many jurisdictions and legal areas. Legal analysts must know as much as possible about every case and not be afraid to say, ‘I don’t know,’ when the situation warrants. In my opinion, the winning combination for trust is preparation and lack of ego.”

To become a trusted legal media correspondent means being a great attorney in the first place. It also means that you need to be available and articulate clearly, provide legal analysis, have an entertaining personality, be quick-witted, and remember that the story is not about you. Your appearance as a legal commentator is about the subject and the information delivered to the viewing, listening and reading audience. n Gina F. Rubel founded and continues to lead Furia Rubel Communications, the award-winning PR and marketing agency that has become a leading legal marketing and professional service communications boutique. Corporate and law firm leaders call on Gina for high-stakes public relations, crisis planning, and incident response support including high profile litigation media relations. One of the most widely acknowledged experts on legal marketing and law firm public relations, Gina is a soughtafter speaker and media expert. Learn more by visiting www.furiarubel.com.

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