Attorney Journal, San Diego, Volume 170

SAN DIEGO

Volume 170, 2017 $6.95

Written Schedule of Services And Fees Multiplies Credibility, Increases Client Comfort

Networking: How to Disengage From a DeadEnd Conversation

California Case Summaries Civil™

What’s New in Structured Settlements? A Lot!

Mike O’Horo

Trey Ryder

Marjorie Ford Smith

Monty A. McIntyre

LAW FIRM OF THE MONTH

Geraci Law Firm, Irvine Combining Human Relationships With Technology’s Advances

Attorney of the Month

Deon Goldschmidt, Esq. Motivated to Care

San Diego Personal Injury Attorneys

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2017 EDITION—NO.170

TABLE OF CONTENTS

14

6 Networking: How to Disengage From a DeadEnd Conversation

by Mike O’Horo

8 What’s New in Structured Settlements? A Lot!

by Marjorie Ford Smith

EXECUTIVE PUBLISHER Brian Topor EDITOR Wendy Price

10 Written Schedule of Services and Fees Multiplies Credibility, Increases Client Comfort

by Trey Ryder

12 COMMUNITYnews

CREATIVE SERVICES Skidmutro Creative Partners

10

CIRCULATION Angela Watson PHOTOGRAPHY Chris Griffiths STAFF WRITERS Dan Baldwin Jennifer Hadley CONTRIBUTING EDITORIALISTS Marjorie Ford Smith Mike O’Horo Monty A. McIntyre Trey Ryder WEBMASTER Mariusz Opalka ADVERTISING INQUIRIES Info@AttorneyJournal.us SUBMIT AN ARTICLE Editorial@AttorneyJournal.us

ATTORNEY OF THE MONTH

14 Deon Goldschmidt, Esq., San Diego Personal Injury Attorneys Motivated to Care

by Dan Baldwin

20

LAW FIRM OF THE MONTH

20 Geraci Law Firm, Irvine Combining Human Relationships with Technology’s Advances

by Dan Baldwin

28 California Case Summaries Civil™

by Monty A. McIntyre

OFFICE 30211 Avenida De Las Banderas Suite 200 Rancho Santa Margarita, CA 92688 www.AttorneyJournal.us ADDRESS CHANGES Address corrections can be made via fax, email or postal mail.

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Attorney Journal is a trademark of Sticky Media, LLC. Not affiliated with any other trade publication or association. Copyright 2017 by Sticky Media, LLC. All rights reserved. Contents may not be reproduced without written permission from Sticky Media, LLC. Printed in the USA

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Networking: How To Disengage From a Dead-End Conversation

by Mike O’Horo

W

e’ve all found ourselves trapped in a dead-end conversation at a networking event. Someone drones on about a topic in which you have no interest. Or, it’s simply someone you don’t like. Or, there’s nothing wrong with the topic or the person, but you can’t spend that much time with any one person.

You need an escape that doesn’t require you to be rude. Before I give you some tricks to manage this situation, let’s first take a look at why this happens, and how you can avoid most of it.

This problem is often the result of aimlessly talking with anyone and everyone about almost anything, because you have no clear purpose. Since you don’t know what you’re trying to accomplish, you’re neither screening conversation partners nor directing the conversation. You’re guaranteeing irrelevant or indulgent chatter.

Randomness also causes you to go to the wrong events, populated by too few people of the type you want to meet. When you go to an event simply because it’s available, you’re taking the Fogameer Approach, i.e., speaking with anyone who can fog a mirror.

Don’t Network; Hunt

The solution? Change your approach from networking to hunting. My definitions of the terms are intentionally stark, perhaps even a bit harsh: Networking: You hang around any available event, with no purpose, chatting with as many people as you can, initiating “relationships,” thinking that coming home with a biz card from anyone with a pulse constitutes some type of success.

Hunting: You know who you want to speak with, and more importantly, who you don’t. You have a specific profile of who would need someone with your skills, and the conditions that trigger demand for those skills and expertise. You only attend events with a high likelihood of being populated with people who match that profile. You spend your time filtering the room, briefly exploring the problem you solve, testing for those who acknowledge having that problem, and disengaging from others as graciously as possible.

When you arrive and pick up your badge, take a look at how it’s formatted. Where does the company name appear? Is

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Attorney Journal San Diego | Volume 170, 2017

it easily read from 5-6 feet away? If so, you can scan badges to identify the wearer’s likely industry affiliation, and avoid those who are irrelevant. (In your profiling exercise, you’ll have deduced which industries have high concentrations of companies experiencing your demand-triggering problem.)

Your Escape Plan

Even so, you’ll still occasionally get trapped. When that happens, the way to escape graciously is to first test whether or not the person acknowledges that her company is experiencing, or faces, your demand-triggering problem.

You (reading her badge): “Hello, Jane. Mike O’Horo (extending your hand). Nice to meet you.”

Jane: “Jane Newman. Nice to meet you, too, Mike.”

You (pointing to her badge): “Integrated Biometrics? I’m not familiar with your firm, but it sounds like you might be in the secure access business. How close am I?” Jane: “Good guess. We make biometric identification devices that secure sensitive areas for hospitals and defense contractors.”

Jane’s company matches your target profile.

You: “From what I see in the business press, that’s a very dynamic business these days.”

Jane: “Oh, yes. It feels like the technology changes monthly. It borders on chaos.”

You: “Besides the pace of technical innovation, it seems like biometric security companies are also wrestling with [your demand-triggering problem]. You’re in the business. Tell me, am I on track, or way off base?”

Jane: “You’re pretty close, but [Jane modifies your understanding of the problem].”

You: “Thanks for clarifying. That makes sense. I’d love to chat with you about some ideas I have for dealing with that, but I don’t want to monopolize your attention. You’re here to network. Would it make sense for us to explore this by phone over the next week or so?”

Jane: “Sure, but this week is a bear for me.”

You: “I understand. Mine’s a bit jammed too. (Pull out your phone.) Want to put something on our calendars now, and confirm it tomorrow?”

Jane: “No, Mike. Too many things are fluid right now. Send me an email next week and we’ll see what can work.”

You: “Ok. May I get your card?” (Don’t say, “Here’s my card.”

By doing so, you give up control of the contact to Jane. You always want to be the initiator. You know you’ll email Jane; you don’t know that Jane will email you.)

Jane’s company doesn’t match your target profile, but is related to it.

You (pointing to her badge): “Integrated Biometrics? I’m not familiar with your firm, but it sounds like you might be in the secure access business. How close am I?” Jane: “Close, but not close. We aggregate the data that those devices collect, and analyze it for activity patterns.”

You: “Interesting. Do you partner with the device companies?”

Jane: “Sure.”

You: “I’m writing an article about how [your demand-triggering problem] affects the biometric security business. Do you think

any of your partners would be willing to have a brief call with me to get a quote from them?”

Jane: “I don’t see why not. They might welcome the exposure.”

You: “Would it be an imposition for me to ask you to introduce me to a few of them?”

Jane: “Not at all.”

You: “Thanks so much. I don’t want to monopolize your attention here. How about if I send you an email to arrange a time for a brief call about who might make the most sense?”

Jane: “That’s fine. Here’s my card.”

Jane is a dead end.

You: “So far tonight, I’ve been wrong on most of my badge guesses. Oh, well. Jane, I apologize, but I’ll have to excuse myself. One of my clients is in the middle of something timesensitive, and I can feel my phone buzzing in my pocket, so I’d better find a quiet spot. It’s nice to have met you.” n For 20 years, Mike O’Horo has been known by lawyers everywhere as The Coach. He trained more than 7,000 of them, generating $1.5 billion in new business. Mike can be reached at mikeohoro@rainmakervt.com.

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Attorney Journal San Diego | Volume 170, 2017

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What’s New in Structured Settlements? A Lot!

by Marjorie Ford Smith

S

tructured settlements became a popular alternative to lump sum settlements in the 1970s. In 1982, Congress adopted special tax rules that encouraged the use of structured settlements for personal injury victims and their families. Since then, little has changed in the industry—until recently. What used to be an industry with narrow parameters, now offers much more flexibility. Attorneys will rethink how they view structures once they realize how much has changed.

First, a brief overview of structured settlements (“structures”): Structures allow claimants in physical injury cases to receive their settlement funds in future periodic payments, as opposed to receiving an immediate cash lump sum payment. The arrangement allows for claimants to maximize and safeguard funds. When the claim stems from a physical injury, structured funds grow tax-free. When the claim stems from a non-physical injury—employment cases, civil rights cases, construction defect cases, etc.—structured funds grow tax-deferred. In both instances, the tax benefit is significant, and the structure allows for budgeting, financial security, and peace of mind. Structures can provide lifetime income for injured people, many of whom cannot afford to incur any kind of financial risk. Structures can help settle cases and make for happy clients, which leads to repeat business and referrals for their attorneys.

Attorneys may also structure their contingency fees. Legal fee structures allow attorneys to defer taxes on their fee and the investment income that it earns within a structure. Just as claimants may, attorneys may also choose how and when they receive their future periodic payments. Structures allow attorneys to save on taxes, save for retirement, provide for their children’s education, or simply ensure income regularity, given the uncertainty of contingency fee-based practice.

It used to be that we could use only fixed-income annuities and U.S. Treasuries to provide structured settlement payments.

Those investment options still rank most highly for safety of principal and for providing guaranteed growth. They give payees certainty, making them ideal for cases requiring court approval.

For their guaranteed, management-free income, annuities are still our “go to” structured settlement vehicle.

Now, however, some structured settlement company can offer Fixed Indexed Annuities to the Payee who needs certainty but who also wants a degree of market-correlated return. Fixed Indexed Annuities represent a balanced and conscientious settlement solution. They protect against loss of principal while yielding returns related to a specified equity index, such as the S&P 500. Because Fixed Indexed Annuities guarantee at least a 8

Attorney Journal San Diego | Volume 170, 2017

minimum return (a “Floor”), they can work for minors and for cases involving conservatorships. They enjoy the same tax status as traditional annuities: tax-free growth for physical injury cases and tax-deferred growth for taxable settlements and attorney fees. A structured settlement consultant can help claimants and attorneys evaluate the different Fixed Indexed Annuity options now available.

The big news in structured settlements lies outside of fixed income, however. Programs delivering market-related returns have broken new ground. These market-based structured settlement programs appeal to those who want a structured settlement’s inherent benefits, including its tax status, but who want to have their funds placed in market-based investments.

Within a market-correlated program, claimants may structure their settlement while having funds placed in a professionally managed portfolio of mutual funds, index funds, or other market-correlated investments. Such a program is a “no brainer” for someone whose fixed-income needs are properly addressed and who is looking for market-related returns for the remaining portion of the settlement proceeds. Some programs allow payees to have their own financial adviser or a trust company manage the funds. In cases where a physical injury is involved, all principal and interest or investment gains is completely tax-free. In non-physical injury cases, the principal and interest or investment gains is tax-deferred until the year(s) in which the payee receives future payment(s). Contingency fee attorneys may also structure their fees via market-based programs. Market-based programs can be the best of all worlds in some situations, but prospective payees must inquire about suitability, program costs and exactly what the program entails.

With the traditional structured settlement annuity and the advent of market-based structured settlements for claimants and attorneys, there is no longer a “one size fits all” or “not at all” approach to structures. Every case and every claimant is different, but structured settlements are designed to protect all people, regardless of their degree of financial sophistication. Today, all claimants should be made aware of their one-time opportunity to receive tax-free or tax-deferred periodic payments in the form of guaranteed fixed income or market-based income payments. n Marjorie Ford Smith is a Certified Structured Settlement Consultant with Millennium Settlements, Inc (CA# 0I11806). She is also a Registered Investment Advisor with Ford & Smith Consulting, Inc., licensed in California.

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Written Schedule of Services and Fees Multiplies Credibility, Increases Client Comfort

by Trey Ryder

H

ow do you present fees in a way that emphasizes the value of your services and takes the spotlight off the price?

If you’re a student of sales and marketing, you’ve probably read about the importance of completing your sales pitch and not revealing the price until the end. But, if you’re the person who asks the price, you know how annoyed you get when the vendor won’t disclose it.

Instead, he wants to sit down with you in your office and go page by page through his entire presentation. Then, when he finally reaches the end of this marathon, he will reveal the magic numbers. And he knows that’s the right way to do it because he learned it at “Friendly Bob’s School of High Pressure Selling” where the motto is “Stay Until They Pay.” Here’s where salespeople miss the boat: By not disclosing the price, they arouse your suspicion, increase your skepticism, undermine their credibility—and, in general, irritate the heck out of you. And when salespeople finally do reveal the price, their previous stonewalling has built such a barrier that you don’t want to do business with them at any price.

When you follow the education-based marketing model, you never hesitate to disclose price. And one of the most effective ways to disclose fees is on a written schedule of services and fees. This is a helpful document because you can use it in so many ways, including (1) as a handout during in-person meetings, (2) as a handout at seminars, (3) as part of your website, and (4) as a document you can email to prospects.

On this written schedule, you list the service you provide and then break down the service into all its sub-parts. This shows your prospect value. Then you show in writing what your prospect pays for the service. By not concealing the price, your prospect sees that you have nothing to hide and that you’re not bashful about your fees. When you balance all the things you do against the fee you charge, you present your fee in the most favorable light. And—possibly for the first time —your prospect has a visual and detailed understanding of the in-depth services you provide when he hires your services.

Here are three models you can use to create your written schedule of services and fees.

Business Services If you offer a variety of services, but not necessarily at any one time, you can offer a buffet:

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Title: (Your Name’s) Business Related Legal Services As your business lawyer, I offer the following services or offer to handle the following matters for you: 1. Selection of new business entity, including corporations, limited liability companies, general and limited partnerships 2. Partnership agreements 3. Shareholder agreements 4. Business contracts and agreements 5. Business-related mediation and litigation 6. Shareholder disputes 7. Contract negotiations 8. (And so on) When possible, put a fixed fee next to the documents. If you can’t, then put a typical fee range next to the documents. If one type of business might pay one price, but another type might pay a different price (for my example, I’ll use small and large businesses), then say so. For small businesses, the fee is usually between $wwww and $xxxx. For large businesses, the fee is often between $yyyy and $zzzz. (Or create two forms, one you use for small businesses and the other for large businesses.)

If you cannot disclose fees or fee ranges, then state your hourly rate. This really doesn’t answer much unless your prospect knows how long you need to complete a task, which most don’t. Then, after you disclose your hourly rate, offer to quote exact fees or fee ranges when your prospect describes his situation.

The point is to show prospects your willingness to openly and honestly disclose and discuss fees—without boxing yourself into fees where you need flexibility.

Estate Planning

If you offer an asset protection and estate planning portfolio, you no doubt have a list of subjects you discuss—and documents you prepare—as part of your package. Here’s how to start your schedule of services and fees.

Title your page: (Your Name’s) Estate Planning Portfolio When you ask me to prepare your asset protection and estate plan, you’ll receive ...

1. Living trust document 2. Powers of attorney 3. Living will 4. Pourover will

5. Certificate of trust 6. (And so on) I’ve seen lawyers list as many as 27 documents the client receives when he hires the lawyer to prepare his estate plan. You want the detailed list to include everything you do, so when the client reaches the bottom of the page and sees your fee, it will look modest when compared with the staggering amount of work you perform and documents you prepare.

Personal Injury

If you offer to settle accident claims, provide your prospect with the list of services you perform.

Title your page: (Your Name’s) Accident and Injury Services When you ask me to represent you for your injury claim, I will provide these services: 1. Help you find a doctor who will wait for payment 2. Help you secure a rental car until your car is fixed 3. Order and review police reports 4. Hire an investigator to take photographs and interview witnesses 5. Review witness statements 6. Investigate the accident scene 7. Compile your medical bills 8. (And so on) Include everything you can think of because you really do provide all these services for your clients. It’s about time clients appreciate how hard you work to settle their injury claim. Some injured victims think all you do is write a letter and collect one third of the settlement amount. When you list everything you do, your fee at the bottom of the page looks small compared with the lengthy list of services you provide.

When you meet with your prospect to discuss his case, use this new sheet to walk your prospect through the services you offer. As you point to and explain each service, you help assure that your prospect (1) understands what you do, and (2) appreciates the skills necessary to provide these services.

On the same page, after your list, feature special aspects of your services. These are more things you offer that set you apart from other attorneys. Also, these special services may be your competitive advantages. Here are a few samples: Free Phone Consultations. Write two or three sentences inviting your prospect or client to call you any time he has a question or problem. Questions often lead to work that you can perform on your client’s behalf.

Peace of Mind Meetings. Often, estate planners offer to meet with family members without charge after the death of someone for whom the lawyer has written an estate plan. Write two or three sentences pointing out how important this is at this difficult time.

Fee Guarantee for a Limited Time. Some attorneys state that the fees quoted on this sheet are guaranteed for 60 days from the date prospects receive this document or attend your seminar.

After 60 days, simply invite prospects to call their office to see whether these fees are current. This is done to remind prospects that fees may increase and to encourage them to act while these fees are in effect.

Costs. List things that might be added to your fees. State costs in a positive way and make sure you include everything that might come up. Also, as an added competitive advantage, include things other lawyers might charge for that you have included in the fee at no added charge, such as photocopies or other incidentals.

Make sure you write everything in plain English and format it on the page with relatively large type that is easy to read.

Prospects grow suspicious if they find a document hard to read or understand. Clear writing that’s easy to read increases your credibility.

I usually create written schedules of services and fees on legal size paper (8.5" x 14"). This implies that you offer so many services that you simply can’t get them all on a regular size sheet. Also, the larger page looks more important and draws the reader’s attention.

If you offer different services for different audiences, you can create a service and fee schedule for each audience.

When you hand prospects your written schedule of services and fees, they feel more comfortable because they believe they can rely on what they see. In addition, they have everything in writing in case their memories fade. And last, you’re happier because you have reduced the risk of a fee misunderstanding because everything is right there in black and white.

Plus, this written schedule has a pre-emptive value. Even if competing lawyers offer the same services, prospects and clients often don’t know this unless the competing lawyer publishes a schedule of services and fees. With this document, you can effectively display what you offer—and raise questions about what other lawyers might offer—simply by handing this document to prospects and clients.

This written schedule of services and fees is a terrific marketing tool. I’ve used them with lawyers for 20 years with very positive results. And, as a general rule, people trust what they see in writing more than what they hear, so this document increases your credibility.

Bottom Line: In most cases, when prospects see how much they receive from you in value, they are far less concerned about how much they pay. In this way, you take the spotlight off price and put it where it belongs, on the value you offer your clients.

Till next time, I wish you the best of everything! n Trey Ryder has designed Education-Based Marketing programs for professionals and businesses of all types. Today, Trey 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.

Attorney Journal San Diego | Volume 170, 2017

11

COMMUNITY news n Wilson Turner Kosmo LLP is pleased to announce that Hali Anderson has joined the firm as a senior associate and Nicole Ambrosetti and Alexandra Preece have joined the firm as associates.

Anderson joins the firm’s Employment Practice Group.

HALI ANDERSON Prior to joining Wilson Turner Kosmo, Anderson was a labor and employment associate at Sheppard Mullin Richter & Hampton LLP. She received her J.D. from the University of San Diego School of Law and her B.A. from American University.

Ambrosetti joins the firm’s Business, Product Liability NICOLE AMBROSETTI and Warranty Practice Groups.

Prior to joining Wilson Turner Kosmo, Ambrosetti was an associate at Crowell & Moring LLP in Orange County. She received her J.D. from the University of California, Irvine School of Law and her B.A. from Duke University.

Preece joins the firm’s Product ALEXANDRA PREECE Liability and Warranty Practice Groups. Prior to joining Wilson Turner Kosmo, Preece was an associate at Gordon and Rees LLP representing clients in commercial litigation matters. She also previously worked for a department of the State of California, representing the State in actions involving tort, employment law, construction arbitration, and eminent domain. Preece received her J.D., cum laude, from the University of San Diego School of Law and her B.A., cum laude, from the University of California, Los Angeles.

Have a Press Release you would like to submit for our Community News?

Email it to PR@AttorneyJournal.us

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Attorney Journal San Diego | Volume 170, 2017

n Dinsmore & Shohl LLP attorney Aubrey Haddach has accepted her appointment to serve as co-chair of the American Bar Association’s Biotechnology Law Committee for the 2017-2018 bar year. Haddach had been the committee’s vice-chair since March.

With more than 400,000 members, the American Bar Association is one AUBREY HADDACH of the largest voluntary professional membership organizations in the world.

The Biotechnology Law Committee, part of the ABA Section of Science & Technology, keeps the public informed on an array of topics relating to biotechnology, including research, regulatory, patent, and clinical medicine issues.

Haddach, a member of Dinsmore’s Intellectual Property Department, represents clients ranging from small businesses to Fortune 500 companies. She began her career in the labs of biotech and pharmaceutical companies, having worked as both a medicinal and process research chemist. n After a 23-year partnership, Yunker & Schneider announces that Steve Yunker is retiring from full-time practice, and will continue part-time in San Diego and on Maui with his wife Chris of 40 years.

Steve joined Luce Forward in 1983 and became a partner in 1989. In 1994, Steve and his partner David Schneider left Luce Forward to start their own firm. During STEVE YUNKER his more than three decades as a practicing attorney, Steve engaged whole heartedly in an active civil practice while also devoting considerable time helping the less fortunate on a pro bono basis, including political asylees, victims of 9-11 and migrant workers.

Partner David Schneider will now join with long-time friend, colleague, and fellow Luce Forward alumnus Michael Branch to start the new firm, Schneider DAVID SCHNEIDER & Branch. David and Mike each have almost 30 years of experience as civil trial lawyers, representing individuals, small businesses and Fortune 500 companies. They will continue to represent plaintiffs and defendants in business and real property litigation as well as plaintiffs in catastrophic personal injury matters. Steve will be of counsel to the new firm.

n Sullivan Hill shareholder Christopher V. Hawkins has been appointed Vice President of the California Bankruptcy Forum for the 2017-2018 term. As Vice President, Hawkins will manage the Pro Bono Project and oversee all pro bono efforts of CBF. CBF is committed to supporting pro bono efforts of the various local Bankruptcy Forums and County Bar CHRISTOPHER V. HAWKINS Associations throughout the state.

The California Bankruptcy Forum is an organization comprised of various professional disciplines that are involved in the bankruptcy system and process in the State of California. The primary purpose of CBF is to provide educational support and a structure of communication between its members to provide better service to the public. Visit www.calbf.org. n Noonan Lance Boyer & Banach LLP has announced that David J. Noonan, James R. Lance and Ethan T. Boyer all received the 2018 Best Lawyers in America® distinction for Commercial Litigation, with Noonan also receiving distinctions for Bet-the-Company Litigation and Legal Malpractice Law—Defendants.

David J. Noonan has built an impressive DAVID J. NOONAN career—representing high profile clients, and serving in leadership positions in San Diego’s major legal organizations. He has served as president of the San Diego County Bar Association, the San Diego Volunteer Lawyer Program, the San Diego County Bar Foundation and ABOTA, San Diego Chapter. He has been recognized by Best Lawyers for over 22 years.

James R. Lance is a founding partner JAMES R. LANCE of NoonanLance. Lance has tried cases in federal and state courts for both plaintiffs and defendants. For the past six years, Lance has been awarded the Best Lawyers designation for Commercial Litigation.

In 2013, Lance accepted admission to ABOTA. As managing partner of NoonanLance, Ethan T. Boyer dedicates his practice to resolving complex business and commercial disputes. Since 2015, Boyer has been named ETHAN T. BOYER one of the Best Lawyers in America® by his peers for Commercial Litigation. Boyer previously served on the board of directors for the San Diego County Bar Foundation and San Diego Barristers Club.

Specialization matters. Having represented more law firms over the last 25 years than any other broker in the region, no one understands their real estate needs better than I do.

— Jason Hughes President & CEO, Hughes Marino

hughesmarino.com (619) 238-2111

Attorney Journal San Diego | Volume 170, 2017

13

San Diego Personal Injury Attorneys Motivated to Care

by Dan Baldwin

“The most important thing is that you care about what you do. As an attorney I care about what I do and I’ll do my very best for the client, not necessarily chasing the money, but because I care about what I do,” says Deon Goldschmidt, Esq., Principal at San Diego Personal Injury Attorneys.

Goldschmidt’s firm employs four attorneys serving clients throughout the State of California. Practice areas include auto, truck and motorcycle accidents; pedestrian accidents; fractures and surgeries; medical malpractice; elder abuse; workplace accidents; e-cig explosions; TCE exposure; and other accidents.

San Diego Personal Injury Attorneys has achieved milliondollar settlements and jury awards since opening in 2010.

“I enjoy the challenge of helping clients who come into the office without any ray of hope in the situations in which they find themselves. I enjoy working on the file, working with the client, helping the client in the treatment progression, watching the client improve in their health, and ultimately seeking just compensation. Just compensation—that’s the cherry on the top,” he says.

The firm has plans to open a new office in San Jose this year and is exploring the possibility of other locations in other California cities.

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Motivated to Help Others Goldschmidt is a native of Johannesburg, South Africa. His motivation to enter the practice area of personal injury law came when he was 17 years old. A close friend was badly injured in a car accident. No one would help the injured young man obtain compensation until an attorney became involved. “That sparked my interest, and already having an interest in debate and law I felt that was something I wanted to do. I felt a call to help the consumer more than businesses and the like in the unequal world of the insurance companies versus the little guy.”

During his college years he attended court sessions where he observed first-hand the power of persuasion at work.

Those observations served to enhance his drive to help others through a career in law. He earned his law degree in 1992 from the University of the Witwatersrand in Johannesburg.

He practiced in South Africa for 16 years.

ATTORNEY

OF THE MONTH

© Bauman Photographers

2017 2016

From left to right: Michel Scenovda, Deon Goldschmidt, Kevin Covan and Kevin Retoriano

The decision to move to the United States was motivated by a desire to protect his family. In 2008 he was participating in a bike riding competition in Cape Town. While he was away his parents and his three children were carjacked. His father was assaulted and the abductors put guns to his children’s heads and threatened to shoot them.

They decided to leave South Africa and because his wife had family in San Diego, California became their destination. Within a year they were residing in the U.S.

Movivated to Succeed Motivated by the immediate needs of a family staring anew, Goldschmidt spent the first year and a half in his new country employed in the day spa industry in California and Arizona. But his desire to help personal injury clients found him rebuilding a new career in his old profession. “I was bored with the spa business rather quickly and decided I wanted to get back into personal injury law,” he says.

In some ways the transition was easy, but in other ways he

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faced numerous challenges. He says, “There was a challenge in terms of procedure, process and to some degree the law I had to adapt to. I practiced law in South Africa for 16 years and was fairly accomplished there so it was difficult to come here as somebody who knew nothing about the U.S. legal system, who had no network, and as somebody at age 40 who had to re-establish himself. That was a challenge.”

Goldschmidt entered practice in the U.S. on his own, so all of his learning curve was traversed on-the-job. Another factor in deciding to go it alone was knowing his own personality. He says, “I have always been a person who has steadfast ideas and as such I would not be a good employee. I like the challenge that goes with running a business and having the ability to run trials and practice law.”

The case of an indigent man indicates the type of case his firm handles. The accident victim was injured while pushing a shopping cart across the road. He was hit and severely injured by a vehicle. He tried to get help from numerous attorneys, but no one would help him until he found Goldschmidt’s firm.

Because of his indigent status he was not able to get proper

Making sure that all my staff communicates adequately with all our clients is probably the biggest challenge we face.”

Goldschmidt believes in a team approach and in treating people the way they want to be treated by others. He believes it’s important to make staff personnel feel like part of a team and that their everyday contribution is worthwhile. The collaborative approach gives responsibility to and expects responsibility from all members of the team.

“My success is their success. Communication is everything, we communicate with our clients regularly. I have been on the other end of the table and there is nothing more frustrating than not being informed. If a client knows what is going on with the matter, 99 percent of the job is done,” Goldschmidt says.

The firm’s commitment to genuine communication is reflected in their corporate motto: Big Enough to Help; Small Enough to Care.

© Bauman Photographers

Motivated to Manage

treatment, which included a need for surgery and follow-up care. The attorneys took him personally to an orthopedic surgeon whose staff helped get him the emergency medical care he needed. Once this was arranged they transported him to the hospital where he had surgery and a recovery. The insurance company has now offered policy limits and the firm is in the process of negotiating a waiver of the medical lien so that their client can have a chance at rebuilding his life.

Goldschmidt says, “The satisfaction that we get knowing we can help people in the recovery and watching them slowly heal month after month, getting to know them as people and finally getting them compensation for their injuries leaves me and my staff with a deep sense of satisfaction. There is no better feeling.”

Motivation by Communication The mantra at San Diego Personal Injury Attorneys is “Communication Makes a Happy Client.” It’s a goal requiring constant care and attention. “My key goal is to make sure my clients are happy and satisfied with the quality of our work.

Attorneys who are also managers of their own firms sometimes find one “hat” in conflict with the other, but Goldschmidt says the only real challenge is managing to devote enough time to each aspect of the organization.

“We do pretty well in personal injury, but part of my job is to make sure that we don’t get too comfortable with what we do, too complacent. Both the management area and the legal area require an inordinate amount of time, so the challenge is spending enough time on both to make sure that all the wheels work well all the time.”

A key element of the firm’s success is their ability to deliver on handling the often complex challenges of personal injury cases while still delivering service that is personal.

Goldschmidt manages those challenges by being readily available to staff and clients. “If someone on staff isn’t doing the job quite as well as a client might expect, I want to know about it. I get to hear about it and make sure that it doesn’t happen.”

His self-described personality is aggressive. However, he prefers non-confrontational approaches to opposing counsel, adjusters, clients, and situations.

“Kindness earns you more rewards than acting like a bully.

I try to deal in a cordial manner and resolve issues on an amical basis before we go to court. Naturally, if the matter becomes adversarial we will hold nothing back, insuring that we obtain justice for the client in the courtroom,” he says.

Proper, in-touch, and open management earns success and a genuine sense of accomplishment in helping others. His team gets something more than just a win out of helping others and seeing them grow, Goldschmidt says. “We have a great team at San Diego Personal Injury Attorneys for two reasons. I believe in training my staff such that they know everything I know, in essence training them so they Attorney Journal San Diego | Volume 170, 2017

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Contact Deon Goldschmidt Esq. San Diego Personal Injury Attorneys 4350 Executive Drive #320 San Diego, CCA 92121 619.931.1650 deon@calawinjury.com SanDiegoPersonalInjuryAttorneys.com

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EXPERIENCE

are capable of leaving and starting on their own, but treating them in such a manner that they don’t want to. Second, if you look after your staff, they’ll look after your customers. I can’t take credit for this philosophy. It is something I came across in reading an autobiography of Richard Branson. It stuck with me and has governed my business philosophy.”

His least favorite part of the job is the sometimes inability to do more for a client due to existing limitations placed on the legal situation. For example, some clients suffering from severe injuries can only be helped a limited amount because the insurance policies on the other side prevent adequate compensation. The funds just aren’t available.

Often those cases are handled anyway.

Goldschmidt says, “We do a fair amount of pro bono work, but not in any groups in particular, on a case-by-case basis. For example, when there’s a small policy involved we’ll assist them in getting damages without charging them at all because the injuries are so devastating. My feelings are that it just wouldn’t be fair to take what little is there and cut it up among attorney’s fees. If we’ve got severe injuries and only a small policy involved we’ll do it for the client, get the money for the client, and not charge a fee.”

Goldschmidt says his growth philosophy is basic.

“Always remember where you came from, serve your clients passionately and success will follow. I am also motivated in my business success by two comments that were made by Sir Richard Branson of Virgin fame, namely, ‘Train people well enough so they can leave, treat them well enough so they don’t want to.’”

He says, “I have always wanted to fight for the “little guy.” Big insurance companies have deep pockets and try to deny claims or under settle claims and try to take advantage of their ability to intimidate “Joe Public” into accepting low settlements. It gives me great pleasure and a sense of accomplishment in helping clients obtain justice.” n

» EDUCATION

• University of Witwatersrand, Johannesburg, South Africa – Bachelor of Arts, 1987-1989 • University of Witwatersrand, Johannesburg, South Africa – Bachelor of Laws, 1990-1992 • Candidate Attorney, 1992-1994 • Admitted to practice in Republic of South Africa, 1994

» PROFESSIONAL ASSOCIATIONS AND MEMBERSHIPS

• Johannesburg Attorneys Association (largest legal Association in South Africa), Committee member, 2004 • Consumer Attorneys of Los Angeles, Member • Consumer Attorneys of San Diego, Member

» BAR ADMISSIONS

• California • U.S. District Court, Southern District of California • U.S. District Court, Central District of California

» OTHER ACHIEVEMENTS

• Cited in various South African Law Reports on reported cases • Bar Exam, California, 2009 (Member of California Bar) • Founder, San Diego Personal Injury Attorneys (2010) • Founder, San Jose Personal Injury Attorneys (opening October 1, 2017)

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With offices in LA Downtown, 501 West Broadway, Suite 400 LA Century City, Irvine and San Diego San Diego, CA 92101 DTIGlobal.com Office: (619) 234-0660 2015 Fragomen SD Attorney Journal - 1st Proof.pdf 1 10/6/2015 7:45:44 PM

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G N I N I B M CO HUMAN S P I H S N O I T A L E R S ’ Y G O L O N H C E WITH T S E C N A V AD

by Dan Baldwin

A

nthony Geraci, founder of Geraci Law Firm, believes history could have a lot of different interpretations. It’s just the path to success in the coming years can be found because we had to band together to fight lions and tigers and in combining to feed ourselves. That’s the latest technology the true human need— “Our company has been using The Geraci Law Firm with the oldest of to connect with another since 2009. In our business there is very little margin for human emotions—the human being.” error. Their team has served as a strategic partner, helping need for establishing He employs a proven relationships. business technique us navigate through a complex set of compliance issues Geraci says, “What for improving his during one of the most challenging economic cycles we figured out is that personal performance, in recent memory. Anthony has always made himself you can take all the the productivity of his available on both small and large issues alike. His breadth technology you want, staff, and the longof knowledge on all real estate matters is unmatched. but let’s get a bit more term stability of his Christina Geraci successfully represented us on a title biological. Let’s get firm—incremental claim against one of the biggest insurance underwriters tribal. Why are we improvements across in the nation. After watching her work, I can honestly always in cities together? the board on a daily say that she is one of the best litigators in the business.

Why do people go to basis. “We need to set We also worked with Kevin Kim on a mortgage pool 506 conferences? You can’t a goal to be just a little licensing conversion project.

Thanks to him, our company tell me you can’t learn bit better each and every is now in a position to raise and invest money nationwide. things over a webinar in day. I just try to be a I am not only satisfied with their service but incredibly the comfort of your own better person, a better home. But people want father, a better husband, grateful for what they have done for our company.” to go to conferences. It’s a better boss… better in

—Andre Jimenez, Windvest Corporation been proven that if you every way I can. I just don’t touch children and keep trying to be better if you don’t give them love and affection, they have disorders in incremental steps every day,” he says. later on. That’s because we’re communal. We’re tribal. I guess Geraci Law firm was founded in 2007 and today employs 16

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LAW FIRM

OF THE MONTH

© christopher TODD studios

2017 2014

attorneys, a full marketing department, and is currently expanding its IT and marketing departments. The firm’s practice areas are: banking and finance, bankruptcy, litigation, securities, corporate, and real estate. “Our niche is the alternative non-bank lender who makes loans to people where banks will not or cannot,” Geraci says.

Taking Corporate Heads Out of the Sand “To my mind the trends clearly indicate that the law as a profession is going to change dramatically.

What’s wrong with the industry is that we still treat the law as a profession and not as a business. Incredible change is coming and it’s coming fast. You can either stick your head in the sand or you can do something about it,” Geraci says.

Toward that end and toward streamlining his firm’s operations, Geraci no longer practices law. He is a full-time manager as Managing Shareholder. The firm also has a fulltime Managing Shareholder of Operations. “I’m a CEO for lack of a better term. We do a lot of things differently. Most law firms who have someone filling the managing partner role have him bill a lot and they get a credit of 500 billable hours or so for it. To me that doesn’t make sense. Why do businesses anywhere from small businesses all the way up to Fortune 500 companies all have a CEO whose sole job is to grow the business and focus on the future? That’s the formula that works.”

For example, Geraci says that technology will begin replacing many of the “Our company engages in private money tasks currently handled by junior attorneys. Automation, such as that used real estate financing and we have used Geraci

by Legal Zoom, has already replaced work formerly handled by those junior Law Firm exclusively since our inception for attorneys. The attorneys with the best chances of survival in the new and legal advice and loan document preparation. ever-changing business environment will be senior attorneys, rainmakers, Their level of service and quality of loan and litigators. documents are the best in the business. I That line of reasoning has shaped the current success and future path of the simply cannot thank Nema Daghbandan Geraci Law Firm. “Our entire business model and the reason we’re doing what enough for his guidance and accessibility we’re doing is because of the institutionalization of technology. I don’t want which has been vital to our company’s to sound like I’m predicting doomsday. It’s not like attorneys are going by the wayside, but most people, especially lawyers, are not good business people. I success. I have referred a number of my think they’d admit that. What happens is they don’t see the trends coming, colleagues to Geraci Law Firm, and I would including technology. It’s going to be a crazy world ten years from now,” highly recommend their services to anyone.”

Geraci says.

—Carl Maggio, Principal Maggio Capital, Inc. Geraci sees another challenge having an increasing effect on legal firms in the near future. The requirement that prohibits non-attorneys from investing in law firms has and will continue to have a powerful negative effect on a firm’s ability to raise the funds necessary to thrive in the coming decades. “I think we’re the only profession hamstrung by that rule. This is behind Australia and England, who allow nonattorney investors in law firms. This needs to change, especially with technology to level the playing ground for us. That’s got to happen. Right now law firms are limited to lines of credit and other lending or debt facilities. We have to have access to outside capital,” he says.

The Un-Firm The attorneys and staff at Geraci Law Firm sometimes refer to themselves as “the UnFirm,” meaning their approach is beyond identifying problems and focused on finding solutions for client challenges. In addition to the Managing Shareholder (Geraci) and the Managing Shareholder of Operations, the firm has seven managers, or “chairs,” to handle specific practice areas.

The firm has an established hierarchy but, as Geraci says, “We’re not so rigid that somebody has to report to somebody to report to somebody to report to somebody to get anything done. It’s just that I recognize my limitations in being able to manage. I can 22

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Leadership in the Industry and the Community

maybe manage five to seven people. Above that it just goes crazy. But, if I had to boil down my management philosophy it would be work hard/play hard. If people love what they do and can feel a sense of accomplishment, they’re happy and that makes for happy clients.”

Geraci practices the management philosophy of the servant leader. “I go in and ask what obstacles are you facing and what can I do to help you. That’s my mentality. And it’s worked for us. It’s a fact that if people feel loved they’re going to work harder,” he says.

As a full-time manager he enjoys the strategic aspects of management. “I love thinking about what’s next. I love coaching our team on how to be better attorneys, better people, and helping them going through the challenges they face from clients, interpersonal skills, and leadership. I love teaching.”

Geraci Law Firm plans to address and overcome the challenges brought on by change through expanding efforts on the communal as well as the technological fronts. The team has created its own conference line and hired an internal marketing department. Its national presence has grown from a regional footprint into the leading brand in its niche through a result of not just marketing in general, but by creating a conference line where clients can network with each other. The firm also created a magazine for its target audience, educating them through magazines and continuing to dominate the conversation in their footprint.

The firm serves the community each year by sponsoring Families Forward, a local program for families who can’t afford jackets, sweaters, school supplies and such. The firm buys the articles and provides them to families in need.

Each quarter the firm has an internal drive to sponsor a different charity. For example, they recently became a title sponsor of the Angel’s Baseball Foundation. That money goes directly toward helping children in education. “For me, that’s my sweet spot—helping children,” Geraci says.

The Geraci Law Firm has developed a unique corporate culture designed to serve clients on a personal level while at the same time staying on the cutting edge of a rapidly changing business environment. “We think we’re different than most.

We’re entrepreneurial people who have linked up with our own media and consulting divisions to deliver value to our clients over time. As far as I know, we’re the only firm our size that has a full-time Managing Shareholder who does not practice law.

We became one of only six law firms on the Inc. 5000 list and we are the fastest growing law firm in the Southwest. As much as I loved practicing law, I love building the firm alongside a group of talented and dedicated people focused on ‘what’s next,’” Geraci says. n Contact Anthony Geraci Geraci Law Firm 90 Discovery Irvine, California 92618 949.379.2600 949.379.2610 Facsimile a.geraci@geracillp.com GeraciLawFirm.com

“The attorneys at the Geraci Law Firm are some of the most bright, hardworking and diligent attorneys I have had the pleasure of working with. Their team is extremely responsive and provide efficient solutions to some of the most complex problems lenders, trustees, and loan servicers encounter. I wholeheartedly endorse their attorneys for all loss mitigation, compliance, litigation and secured creditor matters.”

—Randy Newman, Total Lender Solutions, Inc. 24

Attorney Journal San Diego | Volume 170, 2017

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Organized Succinct Summaries of Some New California Civil Cases

by Monty A. McIntyre, Esq.

Below are some recent cases summarized by Monty A. McIntyre in his publication California Case Summaries Civil™, which provides organized succinct summaries, every other Monday, of every new published California civil case for only $7.99 a month. (Go to http://montymcintyre.com/mcintyre/.) Monty has been a civil trial lawyer since 1980, representing both plaintiffs and defendants in a broad variety of civil cases, and has more than 17 years of experience as a mediator and arbitrator. He has been a member of ABOTA since 1995, and is the past president of the San Diego County Bar Assn. and the San Diego Chapter of ABOTA. Monty mediates and arbitrates at ADR Services, Inc., where he handles cases in the areas of business, commercial, elder abuse, employment/wage & hour, insurance coverage/bad faith, legal malpractice, medical malpractice, personal injury, real property and wrongful death. To schedule a mediation or arbitration, contact his case manager Kelsey Carroll at ADR Services, Inc. at (619) 233-1323 or kelsey@adrservices.org.

CALIFORNIA SUPREME COURT Torts Rubenstein v. Doe No. 1 (2017) _ Cal.5th _, 2017 WL 3691550: The California Supreme Court reversed the Court of Appeal decision finding that plaintiff had timely filed her sexual molestation claim in 2012, arising from events that occurred in 1993 and 1994. The California Supreme Court ruled that a government tort claim must be presented not later than six months after the accrual of the cause of action (Government Code, section 911.2(a)), the cause of action in this case accrued at the time of the alleged molestation, and the California Legislature’s 2002 amendment of Code of Civil Procedure section 340.1, did not relieve claimants from complying with the government claims statute when suing a public entity defendant. (August 28, 2017.)

CALIFORNIA COURTS OF APPEAL Arbitration Cortez v. Doty Brothers Equipment Company (2017) _ Cal. App.5th _, 2017 WL 3483719: Electing not to decide several difficult jurisdictional issues, the Court of Appeal decided to treat consolidated appeals as a writ petition. The Court of Appeal granted the writ in part, and denied the writ in part, modifying the trial court’s order granting a motion to compel arbitration in an action alleging wage and hour violations and a representative claim under the Private Attorneys General Act of 2004 (PAGA, Labor Code, section 2698 et seq.). The Court of Appeal granted the writ in part, finding that plaintiff’s action for failure to timely pay wages upon separation from employment (Labor Code, section 203), and his unfair competition action (Business & Professions Code, section 28

Attorney Journal San Diego | Volume 170, 2017

17200), were not encompassed in the arbitration provision in a collective bargaining agreement (CBA). The rest of the writ was denied because the remaining causes of action were subject to arbitration, and the trial court’s termination of class claims was proper on the ground the CBA did not authorize classwide arbitration. (C.A. 2nd, filed August 15, 2017, published September 1, 2017.)

Attorney Fees Sukumar v. City of San Diego (2017) _ Cal.App.5th _, 2017 WL 3483653: The Court of Appeal reversed the trial court’s order denying petitioner’s attorney fees. Even though the trial court denied the writ petition under the Public Records Act (Government Code, section 6250 et seq.), petitioner was the prevailing party because petitioner’s action resulted in respondent releasing copies of previously withheld documents.

(C.A. 4th, August 15, 2017.)

Civil Procedure Sviridov v. City of San Diego (2017) _ Cal.App.5th _, 2017 WL 3203271: The Court of Appeal affirmed the trial court’s order awarding costs to defendant in an employment action by a former police officer. Plaintiff argued on appeal that defendant was not entitled to costs based upon Williams v.

Chino Valley Independent Fire Dist. (2015) 61 Cal.4th 97, 99 and Government Code section 12965(b), because there was no proof that plaintiff brought or continued litigating the action without an objective basis for believing it had potential merit.

Plaintiff also argued that, under the Public Safety Officers Procedural Bill of Rights Act (POBRA, Government Code, section 3300 et seq.), defendant could not obtain an award of costs for the defense of plaintiff’s POBRA claim unless the action was frivolous or brought in bad faith. The trial court properly awarded costs to defendant because plaintiff rejected three Code of Civil Procedure section 998 statutory settlement

offers and did not obtain a more favorable result. (C.A. 4th, filed July 27, 2017, published August 15, 2017.)

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Employment Aviles-Rodriguez v. Los Angeles Community College District (2017) _ Cal.App.5th _, 2017 WL 3712199: The Court of Appeal reversed the trial court’s order sustaining a demurrer, without leave to amend, of a complaint alleging violation of the Fair Employment Housing Act for denial of tenure and termination based on racial discrimination. In light of Romano v. Rockwell Internat., Inc. (1996) 14 Cal.4th 479, the Court of Appeal ruled that the one-year limitations period for plaintiff to timely file a Department of Fair Employment and Housing (DFEH) complaint began to run from the last day of his employment, and because plaintiff filed his DFEH complaint within that period it was timely. (C.A. 2nd, August 29, 2017.)

Landlord Tenant Sleep EZ v. Mateo (2017) _ Cal.App.5th Supp. _, 2017 WL 2984900: The Los Angeles Superior Court Appellate Department affirmed the trial court’s judgment for defendants in an unlawful detainer case. When a tenant mails rent at a landlord’s direction and, through no fault of the tenant, the landlord does not receive it, the tenant is not in default in the payment of rent in an unlawful detainer action. (Appellate Division, Los Angeles Superior Court, July 13, 2017.)

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Torts Grotheer v. Escape Adventures (2017) _ Cal.App.5th _, 2017 WL 3772580: The Court of Appeal affirmed the trial court’s order granting summary judgment to defendants in an action for damages arising from the crash landing of a hot air balloon.

The trial court found the action was barred by the primary assumption of risk doctrine. The Court of Appeal affirmed, but for different reasons. It ruled that the defendant balloon tour company was not a common carrier subject to a heightened duty of care; the primary assumption of risk doctrine barred plaintiff’s claim that the balloon pilot negligently failed to slow the balloon’s descent to avoid a crash landing; and company had a duty to provide safe landing instructions to its passengers, but the undisputed evidence regarding the crash demonstrated that any failure on company’s part to provide such instructions was not the cause of plaintiff’s injury. (C.A. 4th, August 31, 2017.) n

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