Attorney Journal, San Diego, Volume 169

SAN DIEGO

Volume 169, 2017 $6.95

Attorney Safety: Interview With Stephen Kelson

Ruth Carter

Compartmentalize and Integrate: Five Ways to Handle It “All”

Jamie Spannhake

What Makes Your Firm Stand Out?

Tips for the WellDressed (Male) Lawyer

Corrie Benfield

Ryan Catherine Sullivan

PROFESSIONAL PROFILE

Jon Mitchell Jackson, Jackson & Wilson People Skills, Digital Leadership, Empowered Clients

Attorney of the Month

Peter Maretz, Stokes Wagner, ALC, San Diego White Glove Service for San Diego’s Hospitality Industry

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2017 EDITION—NO.169

TABLE OF CONTENTS 6 Attorney Safety: Interview With Stephen Kelson

by Ruth Carter

8 What Makes Your Firm Stand Out?

by Corrie Benfield

12 COMMUNITYnews

EXECUTIVE PUBLISHER Brian Topor EDITOR Wendy Price CREATIVE SERVICES Skidmutro Creative Partners CIRCULATION Angela Watson PHOTOGRAPHY Chris Griffiths

ATTORNEY OF THE MONTH

16 Peter Maretz, Stokes Wagner, ALC, San Diego White Glove Service for San Diego’s Hospitality Industry

by Jennifer Hadley

8

PROFESSIONAL PROFILE

24 Jon Mitchell Jackson, Jackson & Wilson People Skills, Digital Leadership, Empowered Clients

CONTRIBUTING EDITORIALISTS Ruth Carter Corrie Benfield Ryan Catherine Sullivan Jamie Spannhake

by Dan Baldwin

WEBMASTER Mariusz Opalka

30 Tips for the WellDressed (Male) Lawyer

ADVERTISING INQUIRIES Info@AttorneyJournal.us

by Ryan Catherine Sullivan

SUBMIT AN ARTICLE Editorial@AttorneyJournal.us

ADDRESS CHANGES Address corrections can be made via fax, email or postal mail.

22 Compartmentalize and Integrate: Five Ways to Handle It “All”

by Jamie Spannhake

STAFF WRITERS Jennifer Hadley Dan Baldwin

OFFICE 30211 Avenida De Las Banderas Suite 200 Rancho Santa Margarita, CA 92688 www.AttorneyJournal.us

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

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

Attorney Journal is a trademark of Sticky Media, LLC. Not affiliated with any other trade publication or association. Copyright 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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Attorney Safety: Interview With Stephen Kelson

by Ruth Carter

E

arlier this year, I shared statistics about threats of violence made against attorneys. Stephen Kelson, a shareholder at Christensen & Jensen PC in Salt Lake City, focuses on commercial litigation, personal injury and meditation, but he has also studied violence against legal professionals and prevention for over a decade. He was gracious to answer some follow-up questions on lawyer safety, based on results from his 26 statewide surveys.

Ruth Carter: How bad is this problem, really? Are there any statistics that show that attorneys are at greater risk of violence than the general population?

Stephen Kelson: The only credible statistics regarding the issue come from the U.S. Marshals Service. Here is some of their data about incident reports for inappropriate communications and threats involving federal judges: • 1980-1993: 3,096 incidents (238 per year average) • 2001-2007: 5,657 incidents (808 per year average) • 2008-2010: 4,062 incidents (1,354 per year average) It is also difficult to determine whether federal staff and judges have become more aware of the threats of violence and are reporting more, or if there is an actual increase in the number of threats being made.

RC: Who is likely to be the attacker—the attorney’s client, the opposition, the opposition’s attorney or someone else?

SK: Based on the survey responses, the most likely source of a threat or attack comes from the opposing party on a case. It is more likely that an attorney will receive threats or be attacked by his or her own client than a relative or associate of the 6

Attorney Journal San Diego | Volume 169, 2017

opposing party. Unfortunately, practitioners in almost every state surveyed have identified threats and assaults from opposing counsel. However, this number is small in comparison to the total number of reported threats and violence experienced.

RC: Where is a threat or attack against an attorney likely to occur?

SK: The most common locations where threats and violence occur are the business office and the courthouse. However, many respondents over the years have reported numerous threats of violence at other locations, including at home and other locations such as jails, bars, convenience and other stores, restaurants, parking lots and public streets.

RC: What should a law firm do to protect their staff and clients against violence?

SK: The results of my 26 statewide surveys provide some basic advice to avoid violence: 1. Limit access to offices. Regardless of the size of practice, legal professionals should take steps to minimize the potential for violence in the workplace. Practitioners should establish controls for access to their offices. The purpose is to prevent unwanted individuals from entering the office without detection and wandering about on their own. Once an individual enters the office, he or she should not be allowed to walk around unescorted, and if someone begins to do so, staff should be notified immediately.

2. Have an office emergency plan. If an individual becomes threatening, attorneys and staff should not hesitate to summon assistance before the threat escalates into violence.

Code words or phrases can be used to summon help and, to react quickly, legal professionals or staff can have emergency numbers programmed into their phones. Some legal offices have a written emergency plan in case of a threat or violence.

Many respondents in the statewide surveys identified incidents in which code words enabled attorneys and staff to avoid or escape a violent individual and contact authorities.

3. Take credible warning seriously. The vast majority of threats against attorneys go no further. However, many survey respondents reported incidents where psychological counsel or opposing counsel had prevented serious harm and injuries from occurring by warning authorities or opposing counsel of known imminent threats of violence from clients. These warnings prevented many armed individuals from harming legal professionals and their staff.

4. Be conscious of potential threats. A common location of threats and violence is the courtroom and while attorneys and clients are leaving the courtroom and courthouse. If you have reason to believe a potential threat of violence may occur, notify court personnel and security, ask for an escort to your vehicle, or wait in a safe location until it is verified that the potential perpetrator has left.

RC: What do you recommend in regard to predicting violent behavior?

RC: What are your thoughts about attorneys who conceal carry?

SK: I have no opinion about attorneys who conceal carry. I know many who do. From the thousands of responses to the statewide surveys, only a couple of respondents identified that a concealed gun was used to prevent an act of violence. However, many attorneys have reported purchasing weapons in response to threats and violence.

RC: Thank you for your insights from your research. This is an issue that impacts all lawyers. I hope this spurs the beginning of more conversations about attorney safety, and hopefully, more attorneys will take a more proactive approach to protecting themselves, their staff and their clients. n Ruth Carter is a lawyer, writer and speaker. She is Of Counsel with Venjuris, focusing her practice on intellectual property, social media, First Amendment and flash mob law. Named an ABA Journal 2012 Legal Rebel, Ruth is author of the ABA book The Legal Side of Blogging for Lawyers, as well as Flash Mob Law: The Legal Side of Planning and Participating in Pillow Fights, No Pants Rides, and Other Shenanigans.

In Nothing But the Ruth, she write about the lessons she’s learning while building her practice. She blogs at UndeniableRuth.com. Follow her on Twitter @rbcarter. Previously published in Attorney at Work.

SK: My primary recommendation is to simply be aware.

Many attorneys working in more contentious areas of law with higher reported threats and violence (criminal and family law practitioners) often become less observant of their surroundings and potential threats. When considering if the opposing party or your own client is a threat, some practical questions to consider include: • Has the individual made prior threats or carried out an act of violence?

• What experience has prior counsel had with the individual?

• Has an intent or plan to harm been expressed?

• Can the threat be carried out?

• Has the individual displayed a weapon?

• Is there a psychological problem or are drugs involved?

• Whet level of turmoil is the person experiencing?

• Has the individual considered or attempted self-harm?

RC: What do you think about lawyers or staff “shrugging it off” when they receive a threat?

SK: Responses to the statewide surveys show that the vast majority of all threats go no further. It can be easy for an attorney who has experienced many threats to just “shrug it off.” Attorneys should not have to live in fear and always be looking over their shoulder. However, it is necessary to remain observant about potential threats and where they are coming from. Many reported acts of violence against attorneys did not occur without warning.

Attorney Journal San Diego | Volume 169, 2017

7

What Makes Your Firm Stand Out?

by Corrie Benfield

T

ell us if you’ve met this guy before: John Smith is a personal injury attorney who handles car accident cases, slip-and-fall claims, and wrongful death cases. He has years of experience and has been named a Super Lawyer. He also offers free initial consultations.

Does this describe every personal injury lawyer you know?

If you were a potential client, trying to interview at least three attorneys (as Forbes recommends), would you contact John Smith based on this description on his website? Or would you keep clicking down the search results until you find an attorney who stands out?

The sharp competition among law firm websites makes it essential for attorneys to separate themselves from the pack.

This is where you need to put your marketing cap on and think about what really makes you different from your competitors.

In marketing, we call this your “unique value proposition,” or UVP.

What is a Unique Value Proposition (UVP)?

Your unique value proposition should be a clear, concise, and convincing pitch for why potential clients need you versus the next guy. It should: Recognize the problem potential clients are facing. For many people facing legal issues, they may not realize the full impact of the situation they’re in. You can begin establishing your value by showing sympathy for the client’s situation while at the same time pointing out additional aspects they may not be considering.

For example, in a car accident claim, many people are thinking about immediate problems such as getting their vehicle back and paying current bills. In your UVP, you can plant the seed that there is much more involved in calculating compensation for a personal injury claim.

Explain how you can solve the problem. People who have never needed a lawyer may have no idea what you would 8

Attorney Journal San Diego | Volume 169, 2017

do to resolve their case. They could have visions of dramatic courtroom scenes, or they may be skeptical about hiring someone to fill out paperwork that they feel they could do on their own. Your UVP should give them a peek behind the curtain.

Tell them how you can alleviate immediate concerns and work toward an ultimate resolution in ways that they couldn’t.

For example, in a car accident case, you may point out that you can help get creditors off their backs by sending notice of a pending claim. And you’ll want to highlight all the legwork you do that goes into building a successful case: reports from accident reconstruction professionals, consultations with medical experts, interviews with witnesses, etc.

Show them why they should choose you over your competitors. This is the part that makes your firm unique.

Think about what potential clients want and need in an attorney: experience, honesty, compassion, affordability, responsiveness, a history of success, etc. In what areas do you shine? And what details (or proof elements) can you share to back up your claims?

For example, it’s not enough to say your “level of experience” makes you stand out. How many years have you been practicing? How many cases have you handled? Are you board-certified? What are some of your greatest case results? A potential client is more likely to remember an attorney with 30 years of experience and 3,000 cases under his/her belt than one who is simply described as “experienced.”

The challenge of writing your UVP is that people only spend about 10 seconds on a webpage before deciding whether to move on. So your unique value proposition needs to grab their attention right off the bat. It should start with a strong headline, include a short but pointed description, and hit readers with quick bullet points that highlight what you bring to the table.

Your UVP should also be clear from the moment potential clients land on your site. It should hold a prominent position (“above the fold”) on your homepage, and it should be incorporated at the start of content on other top-level landing pages.

Need Ideas for Developing Your UVP? Developing a UVP requires a real analysis of how your firm goes above and beyond for clients. For some firms, elements of a unique value proposition may be obvious. For others, it can take some soul searching. Here are some questions to get you brainstorming about how your firm is unique: How are you more qualified than your competitors? Did you used to work for the “other side” (as an insurance defense attorney or a criminal prosecutor, for example)? If you are board-certified, what does that mean for people who don’t know? How many cases have you handled, or how many people have you helped?

How do you show clients that you care? Do you travel to meet with them wherever is most convenient? Do you keep their medical appointments on your firm’s calendar? Do you follow up even after the case is done to see how they’re doing?

Are you more responsive than a typical attorney? Can you promise to return calls or emails within 12 hours, 24 hours,

or the same day? Do you talk to clients on weekends or after hours? Do you give clients your personal cellphone number?

Is your office different from what a client might expect? Do you have an open-door policy, so clients can walk in and talk as long as your door is open? Does your staff remember clients’ names and ask how they are feeling when they come in? Do you keep photos of the people you have helped to remind you of the good work you do?

Do you have a personal motivating favor for the area of law you practice in? If you’re a personal injury attorney, was a friend or family member injured in an accident? If you’re a family law attorney, have you gone through a divorce or supported family members and friends through difficult child custody battles?

As you develop your UVP, you may identify ideas that you have been planning to implement but haven’t yet. Now is a good time to take action, make those changes, and show how your firm stands out! n Corrie Benfield brings a deep background in journalism and legal writing to her role as web content editor with Consultwebs, where she edits and writes a wide array of content that is search engineoptimized and informative to those in need of legal help. Learn more at www.Consultwebs.com.

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Attorney Journal San Diego | Volume 169, 2017

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COMMUNITY news n Attorney Antoinette Middleton, founder of the Law Offices of Antoinette Middleton, was recently named to the board of trustees for Meals on Wheels San Diego County.

Attorney Middleton was recommended for the position ANTOINETTE on the board of trustees by real MIDDLETON estate developer Gary Gramling.

Since 1977, Gary has been active in Meals on Wheels of San Diego County, including serving on the board of directors and twice as the chairman. In May 2017, Middleton was subsequently elected by a vote of the majority board members, and appointed to a threeyear term commencing June 1, 2017. One important responsibility of the board of trustees is to serve as an ambassador to the community by communicating agency policies and programs to the greater San Diego community.

Meals on Wheels is devoted to the health, safety, and well-being of San Diego County seniors. It is the only agency providing meals for seven days a week, including holidays. Additionally, Meals on Wheels covers the entire county, including delivery into the over 3,049 square miles of rural and unincorporated areas. n The San Diego-based law firm of Seltzer Caplan McMahon Vitek has announced that Agustin Ceballos has joined the firm’s Business Department as an associate. His practice focuses on crossborder tax and corporate matters, international estate planning, advising on tax AGUSTIN CEBALLOS reporting and compliance and tax controversy.

Prior to joining SCMV, Ceballos was an international tax attorney at Procopio, Cory, Hargreaves & Savitch LLP in San Diego. Earlier in his career, Ceballos worked for the Mexico City-based firms Perez de Acha Abogados, S.C. and Creel, García-Cuéllar, Aiza y Enriquez, S.C., providing tax planning advice and representing international companies through tax audits, litigation and proceedings before federal Mexican tax authorities.

Ceballos received his LL.M. degree from Georgetown University Law Center and holds an LL.B. from Universidad del Noroeste in Hermosillo, Sonora, where his thesis centered on foreign legal consultants and the North American Free Trade Agreement. He also did post-graduate studies in Taxation Law at Escuela Libre de Derecho in Mexico City.

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Attorney Journal San Diego | Volume 169, 2017

n The law firm of Balestreri Potocki & Holmes is pleased to announce that Amanda Crawley, Kacy Thompson and Robert “Scott” Norman have joined the firm as associates. Crawley received her B.A. from the University of Rhode Island in 2013 and her J.D. from California Western School of Law in 2016, where she earned a concentration in Medical Malpractice Litigation, with honors.

Thompson received her B.A. from the University of California, Los Angeles in 2009 and her J.D., Magna Cum Laude, from California Western School of Law in 2016 where she served as the Editor-in-Chief of the International Law Review Journal. Norman received his B.A. from California State University Northridge in 2003 and his J.D. from California Western School of Law in 2007 where he served on the Law Review and the International Law Journal.

AMANDA CRAWLEY

KACY THOMPSON

ROBERT "SCOTT" NORMAN

n Solomon Ward Seidenwurm & Smith, LLP is pleased to announce that David Greeley has joined the firm as a partner. Greeley joins the firm’s litigation department. His practice focuses on resolving business, corporate, insurance, licensing, trademark, leasing, franchising and contract disputes and on advising clients on how to avoid future disputes DAVID GREELEY by strengthening business relationships through effective communication.

Greeley received his J.D. summa cum laude, from the University of Arizona College of Law where he was a member of the Order of the Coif and the symposium editor of the Arizona Law Review, and his B.A., cum laude, from Wake Forest University. He is licensed to practice law in California and New York.

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Providing nationwide service since 1986. n Epsten Grinnell & Howell, APC (“EG&H”) is pleased to announce the transition of Senior Shareholder Mary M. Howell into her new role as Of Counsel to the firm effective January 1, 2018. After 25 years at EG&H, in Mary’s new role she looks forward to sharing with the firm’s MARY M. HOWELL attorneys and staff her decades of knowledge, insight and expertise as a mentor and resource behind the scenes.

Mary has been practicing law since 1976, joined EG&H as a shareholder in 1992 and was inducted into the College of Community Association Lawyers (CCAL) in October of 1996. n Dunn DeSantis Walt & Kendrick is pleased to announce the addition of attorneys Andrew Thompson, Joshua Emory and Zachariah Rowland to its growing firm. Thompson is working with the business transactional group in the La Jolla shores office. His focus is on business entity formation and representation, corporate and real estate transactional matters and mergers and acquisitions.

Emory is a registered patent attorney who assists clients in the complete spectrum of intellectual property rights including strategic intellectual property portfolio development, management, and enforcement, including patent and trademark prosecution, copyright registration, unfair competition, domain name and cyber squatting disputes, and trade secret counseling. Rowland litigates all types of commercial, employment, personal injury and construction matters on behalf of general contractors, product manufacturers, and design professionals. He also counsels clients in the areas of contract review, drafting and negotiation.

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White Glove Service for San Diego’s Hospitality Industry Driven by Passionate People, Stokes Wagner Provides 5-Star Legal Services to Those in the Business of Spectacular Service

by Jennifer Hadley

“Because high touch service is at the heart of our clients’ operations, it is likewise a part of our fabric at Stokes Wagner,” says Shareholder Peter Maretz. “With San Diego being a premier tourism destination, the Stokes Wagner brand is fortunate to represent many different businesses of all sizes, but our typical client is a high-end hotel or restaurant,” he adds.

For his part, the patently energetic and incredibly friendly Maretz says that although he didn’t set out to work in hospitality, or even employment law, he’s eternally grateful that the chance presented itself. “The opportunity to focus on hospitality really found me, but I love it and it matches who I am so well. The commitment to customer service drives me to the hospitality industry,” he explains. Plus, he adds, “One of my favorite things to do in all the world is to cook, so I love being around chefs, cooks, sommeliers, restaurateurs, and the like. God help the cook being interviewed by me! It’s all I can do to not talk about recipes or techniques,” he says with a smile.

Better yet, to hear Maretz tell it, his colleagues at Stokes Wagner all share a similar enthusiasm for their work with hospitality clients, which is one reason why so many benchmark establishments such as Four Seasons Hotels & Resorts, Kimpton Hotel Group, Viceroy Hotels & Resorts, the Mandarin Oriental, and Nobu Hotels have come to rely on the experienced employment lawyers at Stokes Wagner.

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Attorney Journal San Diego | Volume 169, 2017

Origins of the One-of-a-Kind Firm “We trace our roots to a firm that began in San Diego in 1987,” says Maretz. However, since the firm’s inception, it’s fair to say that Stokes Wagner has undergone a unique metamorphosis, transforming into a truly niche firm, with principles, values, and energy unmatched by others in the hospitality law arena.

Maretz attributes this evolution to the leadership of renowned trial attorney and name partner Arch Stokes. “He’s our patriarch, and the firm is a reflection of his passion, expertise, and enthusiasm,” says Maretz. “Plus, he’s been trying—and winning—cases forever,” he adds.

Indeed, the firm which is comprised of 17 Shareholders, Senior Counsel and Associates, with offices in San Diego, Los Angeles, Pittsburgh, Atlanta, and Ithaca, NY, has a long history of success in trial representing some of the world’s most recognized hospitality brands. That success however, has nothing to do with luck, but is the direct result of the firm’s principles, values, and flat out passion for what they do.

ATTORNEY

OF THE MONTH

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“We are often hired to try the very difficult cases and we believe our success comes from looking at cases differently and presenting them differently. For example, we recently faced one of LA’s known plaintiff’s attorneys in a wrongful termination/ discrimination case on behalf of an iconic 5-Star hotel. We were fortunate to have worked with that particular hotel since its opening, and helped craft its culture. This is not unusual for us, and in discussing the case with jurors following the defense verdict, they relayed that they could not accept that the conduct our client was accused of could exist in the strong positive culture of the hotel. We were humbled by that affirmation,” Maretz says.

Helping hospitality brands to build harmonious cultures, is possible due to the firm’s dedication to risk mitigation, through the practice of preventative law. To that end, Maretz says that very specific strategies, principles and practices are in place at Stokes Wagner, to ensure that the attorneys know their clients’ business from A to Z. For example, the flat fee retainer relationship that Stokes Wagner offers fosters frequent communication between clients and attorneys. “By offering reasonable flat fee retainers, we encourage our clients to call us at any time, with any question, without worrying about a meter running,” Maretz says.

“We removed the biggest barrier, by encouraging clients to reach out. This makes for smarter clients who call us before issues arise that lead to a lawsuit. We have found this to be incredibly helpful in avoiding many problems. In fact, many of our clients won’t engage in major discipline, or a termination without bringing us in. That’s the advantage of the flat fee retainer. “We want them to call us, and they do.”

Moreover, clients can feel comfortable in calling the attorneys at Stokes Wagner day or night as well. “Hotels are open 24/7 and issues arise at any time. That’s why every one of my clients has my cell number, and knows they can call me any time, day or night.

Frankly, while I’d much prefer everything was always running smoothly for my clients, I like getting the calls at 1 or 2 in the morning when an emergency arises. My clients know they can look to me in a crisis, and I like that,” he says sincerely.

Hospitality clients also feel comfortable calling on Maretz and his colleagues, because they know the attorneys at Stokes Wagner truly understand their operations. That’s in part attributable to the fact that the vast majority of attorneys and support staff at Stokes Wagner have a background in hospitality themselves.

However, any who don’t happen to have that background, will get hands-on experience in learning their clients’ business from the ground floor up, through a unique program created at Stokes Wagner.

“Not only have many of our attorneys worked in the hospitality field, but we have a program where we send our associates on mini ‘internships,’ where they actually join a client’s workforce and work their business. This affords us an invaluable perspective into our clients’ business.”

Stokes Wagner goes even further in getting to know the ins and outs of the clients it represents, in many cases through the use of

the wholly comprehensive 360-degree Lawdit® audit, which was the brainchild of Arch Stokes. “We are the first lawyers to apply a holistic approach to auditing hotels using the Lawdit process,” Maretz says. “We understand our primary job is to prevent problems before they happen. Rather than stoking the flames of conflict, we proactively seek to eliminate risk, by continually developing the best practices within the ever-evolving world of legal compliance in the hospitality industry. It’s just another of many innovative approaches we take to servicing our clients,” Maretz says.

Continuing he explains, “We take the time to get to know their people. We understand the heartbeat of the hotel or restaurant.

We spend a lot of time in their property, and make it a point to learn their sensitivities, to learn what their goals are, and to get to know the personalities of their staff,” he explains. “This has proven invaluable when lawsuits do arise.”

Successful Cases Speak to Client-Centric Service Though the team at Stokes Wagner are broadly defined as “employment lawyers,” make no mistake, the firm has fierce trial lawyers in its ranks, as evidenced by multiple trial victories on behalf of their clients. Maretz summarizes a few of them.

“A career defining case for me was Dupree v. Sajahtera, Inc., a multi-plaintiff case involving an iconic 5-Star hotel in Beverly Hills. It was our first case for that hotel, and we were hired over the hotel’s long-time counsel, a national labor and employment firm. The suit was being followed by everyone at the hotel. The line employees with no direct involvement in the case were deeply interested in the outcome and it was clear they viewed it as a baseless attack on the strong culture they had worked so hard to create. The litigation lasted over 3 years, and the trial took 5 weeks. Our client was elated with news of the defense verdict,” he recalls.

In another case, O’Brien vs. Sajahtera Inc., Maretz says the Stokes Wagner trial team pulled out all the stops in court, using a $2,000 bottle of wine as an exhibit. In that case, they again prevailed, in what was the first case, wherein a sommelier was found exempt under the learned professional exemption.

Likewise, the team at Stokes Wagner settled a dispute favorably on behalf of Pick Up Stix in Chindarah v. Pick Up Sticks, which established a basis for settling directly with employees in a putative wage and hour class action.

Ethos of the Firm: Energy, Experience, Enthusiasm Although the firm’s success in trial, extra-mile efforts to provide easy access to advice and counsel, and innate understanding of the way its clients operate, are reasons for the firm’s success, none of them would have been possible without the passion driving the people at Stokes Wagner.

“Arch deserves the credit for the incredible people at Stokes Attorney Journal San Diego | Volume 169, 2017

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Contact Peter Maretz Stokes Wagner, ALC One America Plaza 600 West Broadway, Suite 910 San Diego, CA 92101 619.237.0909 pmaretz@stokeswagner.com www.stokeswagner.com

© Bauman Photographers

EXPERIENCE

Wagner. He’s been asking potential hires, and even jurors “What is your favorite thing to do in the world?’ for years. We always want to know what makes people tick. We want to know what makes jurors tick, what our clients are passionate about, and what potential hires are passionate about. Of course, we look to hire people who are interesting. But, more than that, we look for people who are interested. I don’t care if it’s sailing or Minnesota wild rice, show passion for things if you want to work with us,” Maretz says.

For Maretz personally, a career as an advocate and ally for those in the hospitality industry evolved incredibly naturally, after initially catching him off-guard. “My father was a transactional lawyer, and a very good one. I spent so much time at his office as a kid­—whether working there or just hanging out—and I thought what he did was so boring. I knew I’d be anything but a lawyer when I grew up. But when I was in college I took a psychology and the law class, and we studied the psychological aspects of trying a lawsuit. I fell in love with the artistry of being a trial lawyer. I also inherited from my father, an unwavering commitment to client service. He would 100% walk through fire for his clients, no matter what. That was very cool to me then, and I still think it’s what being a lawyer is all about.”

Rest assured, Maretz spends his days with like-minded colleagues who feel the same way about the practice of law, and the end result is a culture at Stokes Wagner unlike anything he’s seen in his 27 years of practicing law.

“I’m in this firm because I love the people in my firm. I love my partners, the associates and all the staff. I want to work with these people. We are all doing something we love to do. The dynamic in our firm overall, and the San Diego office in particular, is just magic. Everyone gets along amazingly well, and we have so much fun working together. Arch Stokes is a terrific mentor.

The opportunities he’s made possible for me, and for all of us are way too numerous to mention. There’s not another lawyer like him. He’s unbelievably well-read, and has an unquenchable thirst for life. It’s just fun being around him.”

Maretz feels a similar fondness for the clients Stokes Wagner works with from coast to coast. “I love my clients, and I’m genuinely interested in who they are, and what makes them tick. I crave knowing how their kids are doing, what music they like, what their favorite thing to do in all the world is, you name it.”

As far as the future of Stokes Wagner is concerned, Maretz says the firm intends to grow commensurate with the exploding San Diego hospitality industry, but the growth and addition of new attorneys and support staff will be done carefully. “We want to preserve the magic in our firm. We insist on maintaining an environment where everyone is excited about what we’re doing. Where we all enjoy what we do. Of course, you can run a law firm without that palpable feeling of enthusiasm, but why would you want to?” n

» EDUCATION • University of California, Hastings College of the Law, J.D. – 1989 • Executive Editor, Hastings Law Journal • Dartmouth College, A.B. Psychology – 1984

» PRACTICE AREAS • Hospitality Business Disputes • Employment Litigation • Preventive Law • Labor Relations • Federal Contractor Compliance

» HONORS & AWARDS • AV Preeminent Martindale Hubbell Rating, 2017 • San Diego “Top Lawyers” – San Diego Magazine, 2013-2017

» PROFESSIONAL MEMBERSHIPS AND ACTIVITIES

• Member, Board of Directors, California Restaurant Association, San Diego Chapter • Member, Hospitality in Human Resources Association • Member, Society for Human Resources Management

» CALIFORNIA BAR ADMISSIONS • U.S. District Court Southern District of California • U.S. District Court Central District of California • U.S. District Court Northern District of California • U.S. Court of Appeals, 9th Circuit

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Attorney Journal San Diego | Volume 169, 2017

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Compartmentalize and Integrate: Five Ways to Handle it ‘All’

by Jamie Spannhake

I

am a lawyer and a parent. I also try to have a social life, volunteer, take care of my pets, and run a household (not completely by myself, thank goodness). Recently, a friend— also a lawyer and parent—and I were discussing the challenges of work-life balance, or work-life integration. Here’s one question we tossed around: Is it better to compartmentalize work and the rest of life or to integrate them? For example, if I am at the pool with my daughter in the afternoon and a client calls, do I answer and handle the issue at that moment? Or, do I send it to voicemail and deal with it later?

Compartmentalize, Integrate or Both?

Of course, the nature of the issue may determine the answer.

An emergency must be dealt with right away. But often, things can wait a bit. For example, I work late at night after everyone else in my house is asleep, or early in the morning, so I can handle certain issues without significant delay.

But, as my friend said, sometimes issues are “hanging over your head” during family time. And that increases anxiety—knowing there is something that is not being addressed. Maybe, we mused, it would be better to just take the call, make it as short as possible, craft a plan or response, and then get back to personal time.

The one approach—sending the call to voicemail—would be “compartmentalizing.” The second—taking the call at the pool—would be “integration.” Traditional wisdom says compartmentalize: We work at the office, we live at our home and we play somewhere else. But our world and the practice of law are changing. Compartmentalization works less well than in the past.

A Legal Career Can Be 24/7 If You Let It As our practices—and our clients’ expectations—evolve, we must change our approach to handling it “all.” We must

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integrate all the areas of our lives. The key is allowing for overlap between all the areas’ boundaries, like the rounded triangle in the middle of three overlapping circles. You spend a majority of your time in the central, rounded triangle, but can move to the outer areas of each circle when compartmentalization is preferred, like on vacation.

Here are five ways to integrate and compartmentalize.

1. Decide what matters most to you.

We say we want to “have it all,” but what we really mean is, we want to have all that we want. In other words, “having it all” means different things to different people. Decide what’s important to you, and integrate those areas. For everything else, compartmentalize. Relegate it to the outer edges of your circles, or push it completely out of the circles if you really don’t need or want it.

2. Create a schedule that works for you.

If you are lucky enough to have the flexibility to craft your schedule around client needs and deadlines, rather than law firm strictures, then you are well on your way to work-life integration success. Assess your clients’ needs, your needs and the needs of the people you care about. Then, craft a schedule that satisfies those needs as much as possible. For example, perhaps you can work early mornings before your family wakes, then take an hour break to have breakfast and spend time with your kids. Next, it’s back to work until midafternoon when you head to the gym or pick up the kids from school. After dinner or kids’ bedtime, maybe it’s back to work, or time to sleep. This kind of schedule integrates the areas of your life at various times of the day. The same can be done during weekends. Taking one or two hours each Saturday for planning or catching up with your work can give you a bit more personal time during the week.

3. Compartmentalize tasks.

This is about focus. Compartmentalize a task when you perform it so that you can focus on it exclusively and completely. This alleviates unnecessary stress by allowing you to give the task at hand the attention it deserves. For example, if you are mentally editing a memo while tucking your son into bed at night, you aren’t present and enjoying the moment at hand—and you aren’t effectively editing the memo, either.

It’s lose-lose.

4. Mini-task instead of multitask.

We all know that multitasking isn’t efficient or effective. In fact, switching between tasks too often, or trying to focus on more than one task at a time, lowers productivity by up to 40 percent. Again, lose-lose. But there’s a difference between trying to multitask and taking small periods of time to focus on each task. For example, I can write a post for 25 minutes while my daughter watches her favorite kids show. I can completely focus on the writing for that short period of time.

And when the show is over, I can put it aside and focus on family time. These small chunks of time, when added together,

lead to completed work projects and also allow quality time with family. One task at a time, in chunked time periods.

5. Integrate your personality, too.

When you can be your true self you are in all areas of your life, you significantly reduce stress. Of course, certain aspects of your personality may be more prevalent in certain areas of life, but the different aspects should not be contradictory. Much like determining what matters most to you in life, determine who you are, who you want to be and your true nature. Then make decisions from that place of “your” truth. (Related: “Leave Your Lawyer at Work.”) n Jamie Spannhake is a lawyer, mediator and certified health coach.

She is a partner at Berlandi Nussbaum & Reitzas LLP, serving clients in New York and Connecticut, practicing in the areas of commercial litigation, estate planning, residential and commercial real estate, and business transactions. She writes and speaks on issues of interest to lawyers, including time and stress management, health and wellness, work-life balance, and effective legal writing. Previously published in Attorney at Work.

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Attorney Journal San Diego | Volume 169, 2017

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Jackson & Wilson Showcase the Human Side of Law and Business with Cutting-Edge Technology and a Focus on the Exemplary Client Experience

by Dan Baldwin

“As lawyers, we have an opportunity to make the world a better place. I encourage everyone to go through their day with that in mind. We enjoy helping people and we enjoy not only making a difference in our local community, but across the world using social media and a digital platform,” says Jon Mitchell “Mitch” Jackson, Senior Partner at Jackson & Wilson, Inc.” The firm’s other senior partner is Lisa M. Wilson, Jackson’s wife and according to Jackson, “one of the most caring people and brightest and most talented trial lawyers I’ve ever met.” Jackson & Wilson practice areas are personal injury, wrongful death, and business litigation.

Jackson says, “Helping people is what it’s all about. I think when it comes to branding themselves and their practices, too many attorneys get too wrapped up in sharing their degrees and accomplishments as opposed to showing the consumer how they can help. If you want to connect, you’ve got to realize we’re all in this together and let the consumer know that, as one human being to another, we can help each other.”

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Rolling the Dice Jackson grew up on a ranch in Tucson, AZ and the seed to make a difference through a legal career was planted during his high school years.

His dad and mom told him if he wanted to make a difference, he’d have to get involved. Fred N. Belman, a neighbor who was a local district attorney, and Jackson would go scuba diving in the Sea of Cortez. During their trips, he listened carefully to Belman’s courtroom stories and realized that his neighbor was someone who was making a difference. After expressing that he wanted to do the same, Belman suggested that becoming an attorney would provide the vehicle.

JOURNAL

FEATURED PROFESTSHIOENMAOLNPTROFILE OF

2017

H

Jackson says, “I really didn’t know what I was getting myself into. But, with that nudge from Fred, I followed his advice and rolled the dice and went for it.

Looking back 30 years later it was the best decision I’ve ever made.”

The first member of his family to attend college, he graduated from the University of Arizona in Tucson with a B.A. in Business Administration. During his college years he waited tables, tended bar and worked the front door at local drinking establishments.

Jackson credits those experiences with teaching him the value of people skills. He says, “I tell young trial lawyers there’s so much more to being successful in court than knowing the evidence code or civil procedure. You must be genuine, trustworthy, and have good people skills to succeed in the courtroom. I think this also applies in business and life.”

Before starting law school, Jackson spent two years working as a front desk clerk and night manager at Caesar’s Tahoe. Although he enjoyed skiing in the winter and sailboarding in the summer, he realized, “that it wasn’t enough for me internally. In other words, I wanted to do more. I wanted to contribute more to society. And I mean that. It’s just in my DNA.” He walked away from a pay raise, a promotion and the lifestyle of living in a ski resort community. Returning to Tucson, he focused on studying for the LSAT to take his life down a different path. That path led to earning a J.D. from Western State School of Law in California.

“My experience in Lake Tahoe was fantastic, but I wanted to 26

Attorney Journal San Diego | Volume 169, 2017

raise the bar and take things to another level, and that’s why I decided to focus on becoming a lawyer. It was one of the best decisions of my life. I met my wife in law school and we’ve enjoyed a very rewarding, and frankly, fun life for the past three decades practicing law and being involved with our community,” Jackson says.

Jumping to Success He began his law career as a sole practitioner on an extremely limited budget and working out of a conference room owned by another lawyer, a room big enough to hold his entire client base at that time. All his case files were maintained in the back of his car.

Realizing the value of networking, especially to a newcomer to the field, Jackson took a unique approach. His daily schedule included playing basketball most days in Laguna Beach, and in between games, returning calls, and networking. “The more jump shots I hit the more friends I made, and the more friends I made the more referrals I got. That’s how I started off in the mid-eighties. I love people and I just started meeting more and more people and expanding out and eventually, leasing a small office space,” he says.

Expansion continued with the addition of Lisa M. Wilson as a senior partner. Husband-wife teamwork was a tradition for both families. Jackson’s parents worked together at the guest ranch.

Wilson’s parents had a dairy distributorship. Teaming up as business partners was a natural step. “Two years after founding

Photo by Rajiv Sankarlall

Mitch and David Meerman Scott share marketing tips at Tony Robbins Business Mastery.

the company, Lisa came in with me. She was with a large firm and when we left for our honeymoon she gave notice, took the high road and gave them plenty of time, and when we came back she came in with me. And that’s when we became Jackson & Wilson,” he says.

Creating an Exemplary Experience for the Client “There are a lot of amazing attorneys and outstanding firms in southern California. What makes them good and what makes our firm standout is that we enjoy what we’re doing and our dedication to do our best to make sure our clients’ experience is an exemplary one. If a client wants us to communicate with him or her using text message, or private message on Facebook, or private DMs on Twitter, then that’s the way we’ll communicate with that client,” he says.

He credits much of his firm’s success to maintaining an awareness to the human side of the law. “As human beings we’re here to help, we’re here to assist, we’re here to help our clients fix their problems. And by keeping the focus on that, it’s allowed us to consistently get good results. It’s allowed us to make a difference in the community. It’s allowed us to enjoy the profession of practicing law. Look, I’ve been practicing 30 years. I’m more excited today about getting up, getting to the office and practicing law than ever before. I don’t know many lawyers who feel this way after practicing for three decades. I think it shows that we’re going about things the right way.”

His management philosophy is based on two principles: lead by example and always do the right thing. He says there are no exceptions to that rule. The goal is to constantly, on a day-today basis, take action and keep moving forward, realize that mistakes happen, and that it is essential to learn from those mistakes, make the necessary adjustments, and then move on.

He adds that the learning the art of delegation is also essential.

“If you’re bringing in employees, if you’re building a team the right way, then you’re empowering everyone to do the same and it makes delegation much easier and much more effective.”

Jackson’s personal philosophy is equally simple: out-hustle the other side. When it comes to building a brand, if an attorney or a firm is doing things like everyone else in town, then they’re probably doing things the wrong way. He says, “What I enjoy most about my work, and what I’ve learned over the years, is that if I prepare and out-hustle the other side, I’m usually going to get the results my clients are looking for. That mindset is my success formula. It’s my advantage. I don’t enjoy the paperwork, but I enjoy winning and fixing my clients’ problems, which are a result of the hustle and the hard work.”

Using Technology to Showcase the Human Side “I enjoy traveling around the country and speaking about marketing, branding and social media. Because of the other experts I meet, I feel like I have my finger on the pulse of evolving technology and the digital world. It’s something I Attorney Journal San Diego | Volume 169, 2017

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Contact Jackson & Wilson 23161 Mill Creek Drive, Ste 150 Laguna Hills, CA 92653 949-655-8751 800-661-7044 JacksonandWilson.com https://Streaming.Lawyer Social Media: Mitch.Social 28

Attorney Journal San Diego | Volume 169, 2017

EXPERIENCE

enjoy doing and talking about. The law firms who take advantage of social media and other digital outlets are the ones who will be successful over the long term,” Jackson says.

He recently shared similar thoughts about business development from the stage at the Tony Robbins Business Mastery event and will be speaking about Augmented Reality, Virtual Reality, Mixed Reality, and Artificial Intelligence at the Clio Cloud conference in New Orleans.

He believes that over the next five to ten years, these new technologies are going to change everything in business and in the practice of law.

Jackson says, “This is the technology that’s going to change the world as much as the printing press, Internet and smartphones. That’s how powerful ARVRMRAI is going to be. You’re going to see more exponential change over the next five years than you saw over the last 50.

If you don’t embrace this technology you’re probably going to become an afterthought.”

For example, in addition to the firm’s website and other social media platforms, Jackson shares his experiences and thoughts revolving around technology at his blog, the Streaming.Lawyer.

It’s a platform where he shares much of his social media, digital and live-streaming efforts.

“It’s also a place where we try to show our other passions and interests outside the office. We really enjoy doing that. I think more lawyers and more professionals should show their human side. That’s what it’s all about—helping people,” Jackson says.

“I’m a firm believer that you have to design and live a life that works for you. Everyone has ideas, but to find success in law, business and life, you must consistently execute and take action. Along the journey, you also need to put your health first, family and friends second, and then focus on your career. Get this order of priorities mixed up and you’re in for a bumpy ride. n

» EDUCATION

• University of Arizona – Business Administration • Western State School of Law – Juris Doctor • Member: Local and National Trial Lawyer Organizations

» PRACTICE AREAS • Personal Injury • Wrongful Death

• Business (Digital) Litigation

» AWARDS

• California Litigation Attorney of the Year Award (CLAY Award) – 2013 • Orange County Trial Lawyer of the Year (OCTLA “Top Gun”) – 2009 • Top “AV” Rating by Martindale-Hubbell | Bar Register of Preeminent Lawyers • Southern California Super Lawyer • AVVO “Excellent” (10 out of 10) • Top 50 Social Media Influencers – 2017 • Mashable’s “50 Snapchat Marketing Influencers” – 2016 • Contributing Consultant: California State Bar’s “Effective Introduction of Evidence in California – Chapter 54 Electronic and Social Media Evidence” – 2017 • Contributing Expert: “Shame Nation” by Sue Scheff with the forward by Monica Lewinsky

» CIVIC

• Fourth generation Rotarian • Jackson and Wilson are former Presidents of the Monarch Beach Sunrise Rotary Club and Mitch is the former Interact District Governor

Tips for the WellDressed (Male) Lawyer

by Ryan Catherine Sullivan

E

very new parent knows there are far more clothing options for baby girls than baby boys. While selections have improved in the past decade or so, it can still be a struggle to find outfits for the little gents that aren’t emblazoned with footballs or baseballs, or that aren’t blue, blue and blue.

Fast-forward into adulthood, and things haven’t changed much as far as the narrow clothing selection goes. Although, thankfully, I haven’t seen anyone sporting a baby blue Lil’ Slugger T-shirt during their opening statement.

Given the fact that men’s fashion options aren’t infinite, particularly for the most formal professional occasions, such as appearing in court or meeting with clients, what’s a guy to do?

Here are three basic tips for staying snappy.

Keep It Current Yes, suits are expensive. But it is also true that a classic suit can be worn for 30 years without showing its ancientness.

Still, beware of shoulder-pad puffiness, lapel length, button placement and the presence or absence of pleats—all can potentially reveal the era in which the suit was purchased.

Also, your body may have changed over the years, for better or worse. Your suits should fit the physique you have today.

These style objectives can be met by wandering into your favorite men’s store and eyeballing the suits closely. Do the little details (such as the ones described above) match your suits at home, or are they vastly different? Are you wearing a floppy suit in the time of skinny pants? Polka dots in the decade of plaid?

If you’re not sure, ask a couple of salespeople who are about your age for advice. Ask about the current trends and take their advice only to the extent that you actually feel comfortable wearing their suggestions. Make sure everything you buy fits you perfectly, or have it tailored. Bottom line—your sizzling new buys should make you feel stylistically rejuvenated, never uncomfortable.

Keep It Up Ode to the polished attorney: May your shoes never be scuffed, your briefcase never bedraggled, and your cuffs always crisp.

There’s no room here for sentimentality—always replace or refurbish visibly worn-out garments, shoes or accessories. No matter how beloved the items once were, no matter how much money you once paid, when the fashion reaper comes calling, either make repairs or bid your tarnished babies adieu. I’m 30

Attorney Journal San Diego | Volume 169, 2017

sorry to say that this day of reckoning arrives much sooner than you expect.

Be a stickler for upkeep and have high standards. A professional’s clothing should appear as close to new as possible, only allowing for barely detectable signs of wear and tear. Ask yourself if you would feel proud to wear the item to a dinner being held in your honor. If the answer is probably not, then relegate it to casual wardrobe status or send it to the donation bin.

Keep It Clean It does no good to wear stylish, looking like-new clothing if it is besmirched with dog hair, latte stains, baby spit-up or wafting foul odors. Better to wear out your clothing a bit prematurely due to scrupulous cleanings than to err on the side of grubbiness. Again, have high standards—if you are waffling about whether to wear it once more or clean it, opt to clean.

That being said, employing a lint-roller to remove the day’s dirt and hair before returning clothes to the closet helps, and great success can be had with DIY spot-cleaning.

A final word on hair and jewelry—less is more. If you do not intend for hair to grow there (back of neck, ears, nose, wild eyebrows), then it’s essential to scrupulously maintain the hairfree status. Check your face in your car’s rearview mirror under sunlight to behold the true status of your follicles. Then zoom home and groom accordingly. As far as jewelry goes, venture beyond wearing a nice watch (essential) and wedding ring (optional), and you may more closely resemble a recording artist rather than a real estate attorney. Beware of layering on the bling.

There are exceptions to every rule, and certainly your style should not be stifled, but it’s something to consider. n Ryan Catherine Sullivan has been a trial lawyer for more than 16 years, practicing exclusively indigent criminal defense. Currently, she is a justice of the peace in Washoe County, Nevada. She believes that a sense of humor and the ability to frame events positively, combined with solid professional skills, leads directly to career and business success. Her experience working and training others in challenging careers has given her the skills to manage the toughest customers, speak and present persuasively, and shine under stressful circumstances. Previously published in Attorney at Work.

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