Attorney Journals, San Diego, Volume 205

SAN DIEGO

Volume 205, 2020 $6.95

Lawyers, Develop New Business

by Selling Yourself One Hour of Your Time Every Day

Jay Harrington

Trial Presentation Best Practices for the Virtual Courtroom

Jim Gill

Is Your Law Firm a Group of Cats or Dogs?

Joseph Altonji

When Ambiguity Leads to Opportunity: Professional Growth During the Coronavirus

Wendy Byrne

Process Planning Is an Essential Prerequisite to Successful Mediation in the Post-COVID-19 Era

Hon. James V. Ryan (Retired)

Law Firm of the Month

Law Firm of Strazzeri Mancini LLP, San Diego Gratitude, Evolution, and Resilience

ACCOMPLISHED 5 MEMBERS OF THE AMERICAN BOARD OF TRIAL ADVOCATES (ABOTA).

OVER 20 ‘TRIAL LAWYER OF THE YEAR’ AND ‘OUTSTANDING TRIAL LAWYER’ AWARDS. MORE THAN 100 OTHER INDUSTRY ACCOLADES.

ACCOMPLISHED.INNOVATIVE.TRUSTED

Dedicated to the Pursuit of Justice Since 1947.

As one of San Diego’s most established plaintiffs’ law firms, we have successfully represented thousands of individuals, and recovered billions of dollars for our clients. We influenced vital change in the auto, sports and tobacco industries, and remain dedicated to our civil justice system, and to our community.

SAN DIEGO | 619-238-1811 | WWW.CASEYGERRY.COM

2020 EDITION—NO.205

TABLE OF CONTENTS 6 When Ambiguity Leads to Opportunity: Professional Growth During the Coronavirus

by Wendy Byrne

12 Process Planning Is an Essential Prerequisite to Successful Mediation in the Post-COVID-19 Era

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by Hon. James V. Ryan (Ret.) EXECUTIVE PUBLISHER Brian Topor EDITOR Wendy Price

LAW FIRM OF THE MONTH

16 Law Firm of Strazzeri Mancini LLP, San Diego Gratitude, Evolution, and Resilience

CREATIVE SERVICES Penn Creative CIRCULATION Angela Watson

by Dan Baldwin

PHOTOGRAPHY Chris Griffiths STAFF WRITERS Dan Baldwin Jennifer Hadley CONTRIBUTING EDITORIALISTS Joseph Altonji Wendy Byrne Jim Gill Jay Harrington Hon. James V. Ryan (Ret.) WEBMASTER Mariusz Opalka ADVERTISING INQUIRIES Info@AttorneyJournals.com SUBMIT AN ARTICLE Editorial@AttorneyJournals.com OFFICE 30211 Avenida De Las Banderas Suite 200 Rancho Santa Margarita, CA 92688 www.AttorneyJournals.com ADDRESS CHANGES Address corrections can be made via fax, email or postal mail.

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24 Lawyers, Develop New Business by Selling Yourself One Hour of Your Time Every Day

by Jay Harrington

26 Is Your Law Firm a Group of Cats or Dogs?

by Joseph Altonji

28 Courtroom Drama: Trial Presentation Best Practices for the Virtual Courtroom

by Jim Gill

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

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When Ambiguity Leads to Opportunity: Professional Growth During the Coronavirus

by Wendy Byrne

U

ncertainty is a gate that often holds people back from making big changes in their life. Nothing says uncertainty quite like a pandemic. As the coronavirus continues to hover over like a dark cloud, it is forcing change in our lives, while also presenting new opportunities.

Arguably, using the words “opportunity” and “pandemic” in the same sentence might seem contradictory. However, whether you are one of the millions of people who lost their jobs as a result of COVID-19, or if you are employed and expected to work longer hours and take on more responsibility, this is an opportune time to pivot and reinvent yourself.

This article addresses some ways you can make the best of these unprecedented times while recreating yourself both personally and professionally.

It’s Not You, It’s Me Start by taking a good honest look at yourself. Avoid the blame game, but instead, dig deep and ask yourself what self-imposed barriers have been holding you back. Be open to this inward process of self-assessment, and ask yourself: • Do you have antiquated habits or routines?

• Are you afraid of making mistakes or have self-doubt?

• Have you had a lack of will or courage?

• Do you have a fear of change?

• Are you unclear on what you want?

• Have you been open with your boss about your professional goals?

• Are your self-perceptions creating obstacles?

Answering these questions will likely inspire more questions and indeed, you might discover you don’t like all the answers.

Self-scrutiny is uncomfortable, but it is imperative. I like to remind people to go into this process with the mindset, “Never failure, only feedback.”

The information you derive from this activity is the golden ticket that will allow you to start chugging down the road to newfound success. Keep a list of the barriers you identify and look back on it periodically to ensure you aren’t returning to the same pitfalls.

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Attorney Journals San Diego | Volume 205, 2020

Set Goals Goals are critical to get to the next level both personally and professionally.

Take for example a runner who consistently wins races, yet isn’t improving her time. After some consideration, it is determined that she has only been motivated to run as fast as necessary to win a race. This realization gives her incentive to push herself to run as fast as she can, improve her time, and maybe even break some records. It gives her a target to aim for and motivation when running gets monotonous or grueling.

Goals create accountability and focus. They are measurable, ward off procrastination, and foster control over your life.

When setting goals, make sure your goals are: • Realistic and attainable—If you set unobtainable goals, you risk becoming disheartened and losing confidence in your abilities.

• Measurable—In order to gauge your success, it is important to set specific ways to quantify your progress. Going back to the example of the runner, instead of just saying she wants to improve her times, she should determine what she wants her new running time to be, for what distance, and by what date.

• Relevant—Keep goals aligned with the over-arching mission you want your life and career to take. Otherwise, you are striving for something that won’t benefit you in the long haul.

• Specific—In order to get where you want to go, define precisely what you want the end result to be. Hence, guiding you in the creation of well-defined goals.

Your Next Act: New Opportunities In my career, I have experienced both being laid off and working through some very challenging times. Albeit difficult periods in my life, I can honestly say they were times of greatest growth and when I had the utmost self-discovery. Positives came from what some may have considered negative situations and they presented openings for me to accept new undertakings, learn new things, and get to work with new people in new environments.

I gained new strengths and developed professionally in areas I never even considered.

When faced with arduous times, rise to the occasion and take the time to discover new things and invent the next act in your career.

• Take risks—Be proactive and don’t wait for someone to create opportunities for you, but create them yourself.

• Get a mentor and be a mentor—Good mentors can help you solve challenges and often see possibilities that you do not see.

• Go outside your comfort zone—Raise your hand for new challenges.

• Be vulnerable—Let down your guard and take on new things. You might make mistakes, but at least you tried.

• Don’t wait for permission—Be proactive. If you see a problem, find a solution. If there is a job to be done, do it.

• Connect internally—Get to know people in other departments and fields of work. Oftentimes, opportunity lies within other areas of an organization or outside of your profession.

Give Yourself a Round of Applause Among the many great things about making positive changes is the opportunity to celebrate your accomplishments.

Celebration reinforces the hard work and dedication you put toward meeting your goals. Even if you feel that your hard work has gone unnoticed by others, remember these great reasons why it is important to applaud your achievements.

• The law of attraction—Hanging your hat on your victories helps reinforce and cultivate a success mindset that will carry over into your work and future goals and attract more success.

• The happy factor—Celebration releases endorphins, which relieve stress and pain and are said to produce a feeling of euphoria.

• Gravitation and motivation—Reveling in your success is important to keep you inspired to move forward and gravitate towards making new goals.

• Explore—Research occupations and take the opportunity to uncover where you want a career to take you.

• It takes a village—Give a shout out to those who helped you meet your goals. Praising those who supported you helps strengthen relationships, recognizes how much you value their assistance, increases the chance of them helping you in the future, and makes those who championed you feel good.

• Take inventory—Evaluate your strengths and weaknesses and don’t be afraid to ask others to weigh in on what they see as your strengths.

• Reflection—While celebrating, evaluate what worked well throughout your journey, what you learned, how you handled obstacles, and what you would change next time.

• Leverage your network—No matter how many connections you have, they can’t help you if they don’t know your situation. Reach out to your network and make them aware of your position while being specific about what you are seeking. Don’t limit your points of contact within your network because you never know who people know. Making these touchpoints will also help expand your network in the long run.

• Realize your priorities—Identify what is most important to you in the next phase of your life. Do you want more financial stability or are you seeking more time with your family? After all, if you are looking to spend more time with family, taking a job that requires you to travel a lot and work long hours will not be a good fit.

• Remember it’s a process—Just as beetles undergo metamorphoses in order to become a ladybug, and butterflies transform from a caterpillar, keep in mind that alteration takes time, patience, and persistence. “Change doesn’t happen overnight—it’s molded by people who don’t give up,” says author Mary E. Pearson.

Enjoy the Ride In the words of motivational speaker Gabby Bernstein, “Fun in the present ensures flow in the future.” Don’t just focus on the end result, but be sure to have fun throughout the process.

If you fixate too much on achieving your goals, the outcome can start to feel like a struggle. Fun is good, and creates happy feelings, which can make attaining goals feel less taxing.

Choose to make each day enjoyable. Block out time on your calendar if you have to and remember fun doesn’t have to be related to your goals.

The Bottom Line There is no time like the present. Things are uncertain and upside down, but it isn’t necessarily bad news. Focus on the future and take this time to open your eyes to see new opportunities.

Wouldn’t it be great if you can look back one day and say that the pandemic didn’t define you, but you defined the pandemic? n Wendy Byrne is Marketing Manager at law firm Shumaker, Loop & Kendrick, LLP. Connect with her at: https://www.linkedin.com/in/ wendyedwardsbyrne.

Attorney Journals San Diego | Volume 205, 2020

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Process Planning Is an Essential Prerequisite to Successful Mediation in the Post-COVID-19 Era

by Hon. James V. Ryan (Ret.)

In March 2020, mediation in the United States underwent a sea change due to the COVID-19 pandemic. The situation is still evolving, and no one can predict what the future may hold. However, it has become clear that for the foreseeable future, the mediator must pay special attention to the procedures governing the mediation, and he or she must work with the parties to formulate and agree on those procedures in advance.

For most of the past 28 years in which I have practiced as a mediator, my method of preparing for mediation followed a standard and fairly predictable course. I and most like-minded mediators tended to focus on the substantive issues involved in the dispute. My standard practice was to request that the parties submit written memoranda summarizing their respective positions on the factual and legal issues. I also typically conducted private telephone calls with counsel in order to review those issues briefly with them in advance of the mediation. Except for rare occasions, we did not spend a great deal of time working through the procedural issues. We all approached the mediation with a common preconception of how it would be conducted.

Our world changed dramatically in March 2020.

In Boston, where my practice is primarily located, we were ordered to shelter in place in an effort to reduce the burgeoning number of COVID-19 cases. It suddenly became impossible to conduct a mediation in person, and I learned on the fly how to conduct a mediation by videoconference using Zoom or one of the other online platforms. Videoconference mediation remains a large part of my mediation practice, and it is likely to remain so for the near future.

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Attorney Journals San Diego | Volume 205, 2020

By July 2020, the rate of new COVID-19 cases in our area had slowed to the point where we are now able to engage in a limited reopening of our offices, so long as safety protocols are observed. It is now possible to conduct in-person mediations in Boston, provided that the participants adhere to certain safety protocols, including the requirement that they wear face masks, that we limit the number of persons occupying each room to enable social distancing and that we replace buffet luncheons with individually boxed lunches. For the foreseeable future, mediations can only be conducted either by videoconference or in compliance with social distancing and other safety protocols. The old way of doing business is no longer an option.

I have come to understand that in addition to the traditional pre-mediation activities that he or she undertakes to prepare for the substantive issues involved in a mediation, the mediator must now work with counsel and the parties to formulate and agree on the ground rules for the mediation process itself.

The first question to be addressed is whether the mediation will be conducted by videoconference or in person with observance of the safety protocols. If the mediation will be by videoconference, the mediator must ensure that all participants have suitable computer equipment and adequate internet access, that they are comfortable with the measures that have been taken to maintain the confidentiality of the process and that they are sufficiently familiar with the videoconference experience so that they are not distracted from focusing on the substantive issues and engaging in a meaningful negotiation. If an in-person mediation is planned,

the mediator must confirm that all participants are comfortable with and will agree to abide by the safety protocols, including the requirement of face masks. If those protocols are not acceptable to one or more of the parties, then the mediator must explore the possibility of other solutions, such as a hybrid process in which some participants attend in person and others participate by videoconference.

My standard practice when scheduling a videoconference mediation is to conduct a brief test session in advance of the mediation with both counsel and their clients. This practice has yielded many benefits. It has enabled us to identify and correct any connectivity and/or technical problems that could potentially bring the videoconference mediation to a standstill. It has also enabled the parties to experience being placed in a virtual breakout room and to have the mediator visit with them.

Whenever I schedule an in-person mediation, I now schedule a pre-mediation conference call with both counsel and clients. The purpose of the call is to address any procedural concerns. This practice has been very helpful in ensuring that the parties feel confident that they can safely engage in the process, that they and their counterparts will agree to abide by all of the required safety protocols and that we will restrict the number of attendees in accordance with the new occupancy limits for our conference rooms.

When preparing for either a videoconference or an in-person mediation, I believe that the mediator must engage with the participants beforehand in dialogue leading to agreement on procedural matters. By personally participating in that discussion, rather than delegating it to an administrative assistant, the mediator can build trust with the parties and convey to them a sense that we are all working together to craft the mediation process best suited to promote resolution of their dispute. I find that the parties appreciate the sense of empowerment that comes from working cooperatively with the mediator and the other party or parties to develop a mutually acceptable mediation process. This practice both enhances the parties’ satisfaction with the process and increases the likelihood of a successful mediation. n

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

JOEL & KATHLEEN SELIK LIVING THEIR CREED

After learning that local emergency responders faced a shortage of protective masks, Joel Selik and his wife, Kathleen, sprang into action.

A recreational seamstress, Kathleen sews masks in their home. Joel periodically posts messages on listservs and social media, offering free masks to anyone in need.

Kathleen sews 50 to 75 masks per day.

Joel packages, personally delivers, and mails the masks. Since Coronavirus reached the U.S., they have donated more than 1,000 homemade masks, including 435 masks to the Oceanside police and fire departments and additional masks to individuals, Rady Children’s Hospital, Sharp Healthcare, elder care facilities throughout southern California, two hospitals in Georgia, and a recent shipment to England.

All for free. In fact, they decline donation offers.

“As a family, part of our creed is to find ways to help others”, explains Joel.

Joel Selik is a sole practitioner representing plaintiffs in legal malpractice and debt collection matters. Always a team, Kathleen serves as his office administrator.

Joel Selik is not affiliated with the Vosseller Law Firm. Far too modest, Kathleen declined to be photographed.

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

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

858-429-4062 www.vosslawyer.com

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JOURNALS

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OF THE MONTH

2020

Gratitude, Evolution, and Resilience “Chaos, it turns out, strengthens our resolve—resilience is a renewable resource,” say Joe Strazzeri and Steve Mancini, principals of the law firm of Strazzeri Mancini LLP.

Strazzeri Mancini LLP attorneys, left to right: Richard Katzman, Joe Strazzeri, Steve Mancini, Alexis Bastedo, Danny Wexler (not shown: Howard Kaloogian)

S

trazzeri Mancini LLP is not just a law firm. Joe Strazzeri and Steve Mancini have been on quite a journey together. Both had prior careers in family businesses as well as their own legal practices, so when they joined practices over 20 years ago, they knew they wanted to create a law firm that is run like a business. What they did not realize at the time is that the law firm would evolve into a family of companies.

Strazzeri and Mancini credit much of their success to great relationships, partners, and team members. It is with much gratitude that these partners and best friends can today reflect on what has worked well ... and what did not.

Joe Strazzeri commented, “In times like we are experiencing now, we are more thankful than ever that we have remained true to each other, our team, relationships, processes, and consistent methodologies for both tactical and strategic planning. These have all been key components to our resilience and ability to pivot when needed.”

How It All Began Strazzeri and Mancini were both running their own estate planning law practices and seeking “what’s next” when they met at the National Network and attended the Advanced Studies and Master’s Programs taught and run by Reno Peterson, Bob Esperti, and David Cahoone. These wonderful mentors not only provided Strazzeri and Mancini’s first foray into teaching of those programs as well as at Michigan State University, but it was also during this time they realized that by joining their firms together they could form a “Wealth Strategies Collaborative” using the Laureate in Wealth Strategies Collaborative methodology.

And so it began, Strazzeri with his assistant Gigi Maclay and associate attorney Elenor Minsky, along with Mancini with his team and especially his wife Carol as the paralegal, office manager, and “team mom,” Strazzeri Mancini LLP was born.

The firm soon grew by taking on a third partner, Alejandro Matuk. Matuk was not only the “deep soul” who still to this day writes with a fountain pen—but also a “recovering” litigator who brought to the table a unique balance of fierceness, loyalty, and wisdom. He also brought with him Strazzeri Mancini’s longest standing employee, Mike Armstrong. Over the years Mike has been a staple at the firm having done a bit of everything from paralegal to Director of First Impressions to marketing to technology. As a navy veteran, Mike often encourages the team with his favorite saying, “You don’t get what you expect, but what you inspect!” Further, the second longest standing key team member, Kevin Garofalo, often reminds the team, “It is what it is.”

Another impactful relationship in the law firm’s development and culture was the adoption of Dan Sullivan’s Strategic Coach methodologies for running a practice. It was through that program that the firm became team-driven, to

the point that the partners gave up their offices, and many of the collaborative processes and conventions for each firm still used today were developed.

The Early Days: Innovation and Expanding the Brand The firm’s Executive Director, Shelley Lightfoot, appreciates the firm’s Blue Ocean philosophy and credits much of their success to the ability to pivot when needed. “We take our roles as thought leaders very seriously. We consistently research and vet new opportunities, innovations, and relationships that have yet to be integrated into our market space. The ideas start out as a BHAG (big hairy audacious goals), are tracked and moved to an opportunity, and then to a project and implementation,” says Lightfoot.

This philosophy has been demonstrated many times over the years as Strazzeri Mancini expanded their offerings and created several new brands, beginning with the Southern California Institute (SCI).

The Southern California Institute. SCI began with two fellow attorneys and friends, Vito Lanuti and Danny Wexler (Wexler is now an attorney with Strazzeri Mancini), and Strazzeri’s then assistant, Jennifer Hartwell, with the idea to “Educate to Motivate”—bringing advisors from different financial, legal, and accounting disciplines together to learn from each other. Though much of the content SCI offers is technical in nature, what makes it unique is that all programs are geared toward providing language and tools that help advisors attract, engage, and work with their favorite clients.

Wealth Strategies Planning. As Strazzeri and Mancini continued to become more involved in the high net-worth planning space, they added an associate attorney, Stephanie Downer to run that department. Over her 12 years with the firm, Downer was instrumental in the development of what became known as the Laureate Process, which was then quite revolutionary for a law firm because it provides a way for independent collaborative advisors to work well together.

Simultaneously, SCI became a conduit to attract centers of influence and expand the wealth strategies department by teaching that process to other advisors through a program called The Laureate in Wealth Strategies, which was inspired, created, and taught by Strazzeri, Mancini, their mentor Cahoone, and friends.

Mancini commented, “The Laureate Process was different because it gave advisors a way to engage for the benefit and process they offer, rather than giving away their intellectual property upfront in the hopes of selling a product or strategy at the back-end. The detailed and documented process includes separate engagements for each phase: Review, Design, Implementation, and Maintenance.”

Attorney Journals San Diego | Volume 205, 2020

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The Founders Group. In addition to growing their Wealth Strategies Program, Strazzeri and Mancini also saw the need to help their business owner clients get “unstuck” by helping them work on the business. With the help of Gerry Widasky and Jack Moorhouse, they built a business consulting firm called The Founders Group (TFG) with the goal of helping business owners gain more money and more time through The Advantage Formula and The Advantage Solution.

“We are so passionate about the work we do at TFG because it allows us to help in unexpected ways. The longterm bond that develops with clients and advisors when you grow with them year after year is unmatched. Many of our original TFG clients, such as Jack Moorhouse and Randy Newhard, are today reaping the benefits of years of growth and subsequent successful exits from their businesses,” stated Strazzeri.

Charitable Work—Giving Back. TFG’s proprietary Tactical Planning Session process was (and still is) also instrumental for vetting new opportunities, helping to develop messaging, causing team alignment, and identifying enhancement initiatives. Through the years the firm has been heavily involved in supporting local charities and nonprofits by raising donations through their annual Circle of Friends Gala as well as providing pro bono consulting to assist their boards with conflict resolution, structure, growth, and much more. Just to name a few, the Strazzeri

Mancini and TFG teams have worked with the Muscular Dystrophy Association, Rady Children’s Hospital’s Autism Discovery Institute, Sharp Healthcare Foundation, Teri Inc, Alzheimer’s Association, and Employment and Community Options (now Options for All).

Other Law Practices. Strazzeri and Mancini are also part owners of Cabrillo Law Group, along with Richard Katzman. Katzman is a criminal law (and estate planning) attorney and has helped many of Strazzeri Mancini’s wealthy families—because “wealthy children get in trouble too,” says Katzman. Cabrillo Law prides itself on following a process that is not only efficient and highly confidential, but also works with families to help them realize the role of thought behind it all.

Strazzeri and Mancini has also had a misstep every now and then. They owned two-thirds of an elder law firm for several years but soon realized the partnership was not a fit culturally, and the area of practice was confusing to the Strazzeri Mancini brand.

The National Stage. Lightfoot believes one of the best ways to be known as a subject matter expert or thought leader in your field is to teach about it—and stay focused on leading with value.

“When Joe and Steve were a part of the National Network of Estate Planning Attorneys back in the day, they became close to several of the other members, of which a group of them eventually joined together to form a new network called WealthCounsel. I know the guys are so thankful for their early involvement and partnership with the WC owners, specifically Robbie Trudeau, Lew Dymond, and Carl Waldman. Teaching at a national level, designing document software, and creating community has forged so much opportunity,” says Lightfoot.

When Lightfoot joined the firm in 2009, Strazzeri and Mancini had searched for the right talent to help rebuild SCI for over a year. It has been a harmonious fit and Lightfoot now oversees all three companies, works closely with the partners to determine direction and implementation, and is a partner in TFG. The digital expansion of SCI, called the SCI Academy, was created about five years ago and has also been instrumental in expanding SCI programs, offerings, and membership across the country. SCI is a Thought Leader Community providing resources, education, and advice via collaborative think tanks, events, programs, online content, and introductions. The heart of the model is helping people master collaboration itself as a craft. SCI defines collaboration as the art and science of how people work together to create better outcomes. It’s a process of celebrating different perspectives, disciplines and resources to thereby enhance the value of the work at hand.

The Founders Group Partners, left to right: Jeffrey Kates and Melisa Silverman (not shown: Joe Strazzeri, Steve Mancini, and Shelley Lightfoot)

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Attorney Journals San Diego | Volume 205, 2020

Left to right: Taz Darian, Strategic Assistant and Project Coordinator; Shelley Lightfoot, Executive Director; Ashley Dennis, Strategic Assistant; and Alexis Bastedo, Attorney and Counselor at Law.

Evolution: Family Business, Counseling, and Business Transition Planning In keeping with the Blue Ocean theory, Strazzeri Mancini pivoted their main focus from wealth transfer strategies to tax planning, business succession, and family governance counseling about five years ago.

Alexis Bastedo, the firm’s lead associate, said, “The primary concern for most high net worth families and family businesses these days is all about income and capital gains tax reduction, protecting their assets, and aligning their business and personal financial goals to assure their lifestyle after they exit their business—whether that is an external sale or internal transfer to the next generation as well as wealth transfer.”

Protecting Promises. In addition to wealth strategies planning, the firm’s six attorneys continue to serve the ongoing needs of their client families whose estates comprise less than $10 million of assets. On a private-client basis, they also work with new clients referred by financial advisors, attorneys, CPAs, and other professionals, whom they coach and partner with through the Southern California Institute.

Business Transition Planning—TFG Evolution. To more fully support business owners and their advisors, Strazzeri and Mancini, along with three additional partners, Melisa Silverman, Jeff Kates, and Shelley Lightfoot, re-structured The Founders Group to be focused on value acceleration and transition preparation. By leading business owners through all phases of transition, they now increase clarity, net cash flow, where the market value expands and solidifies choices for business transition: if, when, how, how much, and to whom.

Silverman, TFG’s Managing Partner, stated, “When entrepreneurs are referred to us, many of the conversations they’ve had already have not addressed the design of the transition itself. The topic has been prematurely narrowed:

keep versus sell. The business owner wants to do something, but no one has helped them navigate the tributaries and ramifications of their potential choices. Also, they dread the day they’ll receive a lofty list of recommendations, lacking the external leadership to implement.”

The firm’s partnership with the Exit Planning Institute (EPI) and its owners Chris and Scott Snider, has contributed to expanding TFG’s national presence in the business transition planning community. Each of the TFG partners have been instrumental in starting and growing four of the EPI Chapters, won leadership of the year awards, and Strazzeri is a valued faculty member for EPI’s CEPA Program (Certified Exit Planning Advisor).

Family Business and Counseling. Strazzeri and Mancini have been advocates of getting to the heart of highly relevant matters through the art of questioning and counseling from the beginning. George Pransky, a business and family counselor in La Connor, WA, was a significant influence as the firm developed their counseling style and belief that we are each ultimately responsible for our own thoughts, feelings, and lives.

Mancini says, “When counseling clients we believe the best interactions are those that inspire clients to achieve a deeper thought process about their own lives and businesses. In order to facilitate such meaningful interactions, it is important that we, as counselors, first conduct a level of introspection into our own thoughts and state of mind to then help clients discover their own path.”

The firm has also spent a great deal of time decompiling some of the most respected counselors in the industry to measure success rates and determine the essence of which methods result in the most family harmony—including the late Roy Williams, whose trust and communication research showed that 70% of wealthy families lose their wealth by the third generation.

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In addition, after many years of teaching on the same platforms and respecting each other’s work, Strazzeri and Mancini are honored to join forces with Carmen Bianchi, who could be considered the godmother of family governance in the U.S.—providing Bianchi with the legacy to continue her life’s work through what the firm refers to as the CoPassion platform.

“In traditional approaches, a family’s fear of negative outcomes is often met with the creation of rule sets: who’s allowed to do what and when. We believe that anticipating controversy can inadvertently predispose a family to conflict.

In contrast, our pre-governance model helps families strengthen or restore health in the family system. It guides families and family businesses to see the options and interplay between the interpersonal, legal, financial, and integrated tax issues. We love helping families restore their relationships,” stated Strazzeri.

Care to Know Platform A few years ago, Strazzeri and Mancini realized they had become too focused on what they do and had lost sight of why they do it. Jennifer Tolman, with Second Summer, has been instrumental in helping identify and communicate the true essence of their beliefs and culture through the Care to Know Platform, which is now the consistent theme and test that reaches across all the companies and their team members as well as the advisors and clients they work with.

Care to Know means that they own curiosity as their first reaction. Strazzeri and Mancini, along with their team, listen without preconceived notions. They invite all of the things you knew you needed to discuss into the conversations. Then they draw forth additional themes that matter equally, but that you wouldn’t know to share if they didn’t ask. Over time, clients remark that the relationship becomes a place to reliably broaden their perspective and get to the heart of highly relevant matters. They often refer to the relationship itself as a place to think—the essence of counseling.

Strazzeri Mancini’s Family Counselors, left to right: Steve Mancini, Carmen Bianchi, and Joe Strazzeri

Resilience: Remembering Gratitude and Who You Are Provided the right environment, Strazzeri and Mancini believe teams are naturally resilient and will usually excel in the face of chaos. By surrounding themselves with exceptional talent and relationships filled with energy, passion, and love, Strazzeri and Mancini have enjoyed all the trials, missteps, tribulations, and successes over the years—and are positioned to continue to do so for many more.

“The consistent message is really quite simple, it’s about remembering who you are and being grateful,” says Strazzeri. “At the end of the day, we protect families, assets and relationships.

Our Care to Know model celebrates the inherent magic of nuance that exists between individuals as they navigate life and business. We are so thankful for the years of our cherished relationships, partners, and especially our team.” n Contact Strazzeri Mancini LLP 10251 Vista Sorrento Parkways, Suite 250 San Diego, CA 92121 www.strazzerimancini.com 858-200-1900

The Strazzeri Mancini Team, left to right: Joe Strazzeri, Mike Armstrong, Kevin Garofalo, Stacy Nation, Jessica Hawthorne, Danny Wexler, Conner Cruz, Shelley Lightfoot, Alexis Bastedo, Amanda Simpson, Alberto Sagardia, Taz Darian, Jane Ozuna, Steve Mancini, Richard Katzman.

Not shown: Ashley Dennis and Howard Kaloogian

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Attorney Journals San Diego | Volume 205, 2020

Thought Leader Community providing resources, education, and advice via collaborative think tanks, events, programs, online content, and introductions. www.SCInstitute.org

Helping affluent families get to the heart of highly relevant matters and resolve messes in the areas of integrated tax and estate planning, business succession, and family governance counseling. www.StrazzeriMancini.com

Leading business owners through all phases of transition where increased clarity, net cash flow, and market value expands and solidifies choices for business transition: if, when, how, how much, and to whom. www.FoundersGroup.biz

Learn more at caretoknow.info 10251 Vista Sorrento Parkway, Suite 250 • San Diego, CA 92121 • 858-200-1900 9870 Research Drive • Irvine, CA 92618

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Lawyers, Develop New Business by Selling Yourself One Hour of Your Time Every Day

by Jay Harrington

... the best investment you’ ll ever make is selling yourself one hour of your time every day.

(Excerpted from Jay Harrington’s new book, The Productivity Pivot)

O

ne of the many consequences of the COVID-19 crisis is that traditional approaches to new business development in the legal industry have been upended. Many lawyers are still working from home.

There are no more lunch meetings. Events and other in-person networking opportunities are nonexistent for the foreseeable future. Given the economic downturn, demand for most legal services is down, so new business opportunities are harder to come by. Accordingly, it’s more important than ever for lawyers to be disciplined and focused on business development, but discipline and focus are hard to deploy these days.

Even pre-COVID-19, many lawyers struggled to prioritize business development. The 24-hour, ondemand, always-on work culture of the legal industry saps lawyers of the willpower and energy necessary to remain focused on the task-at-hand for more than mere moments. These circumstances make it difficult to keep up with client work. They make it seem nearly impossible to focus on important but not necessarily urgent issues like professional and business development.

That’s a big problem, because professional and business development are the very things that allow lawyers to grow and thrive over the arc of a long legal career. Indeed, to succeed over the long-term, a lawyer must continually

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Attorney Journals San Diego | Volume 205, 2020

increase knowledge, improve skills, and build and grow relationships that will create new business opportunities.

Failing to do so will result in getting left behind.

“But I Don’t Have the Time” In my coaching practice, when I challenge lawyers to devote more effort toward business development, the response I hear most frequently is some variation of “I simply can’t find the time.” When lawyers respond this way, it’s because they’re hung up on the limiting belief that their highest contribution is focusing, often to the exclusion of all else, on their clients’ priorities—and billing lots of hours in the process.

You must ruthlessly prioritize the time necessary to focus on building a practice When you operate on the belief that your own priorities—in this case, building a legal practice—must be relegated to the bottom of your to-do list, you’ll never “find” the time for business development. We all have the same number of hours to work with. Instead, you must ruthlessly prioritize the time necessary to focus on building a practice, with the understanding that it’s the most valuable investment you can make in your most important client: yourself.

Make a commitment. Develop a plan.

Block time on your calendar for business development.

Sell Yourself One Hour of Your Time Every Day Research suggests that autonomy—the feeling that you are in control of your circumstances—is the most important contributor to career satisfaction. Lawyers who desire more autonomy will likely never get it if they’re dependent on others for billable hours. With clients of their own, a lawyer will make more money, have more options, and be able to exercise more control over their time.

Accordingly, while building a practice requires hard work, it’s an investment that has a big payoff, both in terms of financial rewards and personal well-being.

But none of those benefits will accrue if you’re not consistently engaging in the activities required to develop new business. You must prioritize the time necessary to build a practice.

In my new book, The Productivity Pivot, I discuss the importance of spending one hour every day focused on business development. It’s a methodology adopted from the experience of Charlie Munger, who co-founded the law firm Munger, Tolles & Olson LLP, and later became a billionaire businessman as Warren Buffett’s partner in Berkshire Hathaway.

After graduating from Harvard Law School, Charlie Munger moved to California with his family and began practicing law as an associate at a law firm. Early in his legal career, Charlie came to an important realization that would help set him on a path toward massive success—as a lawyer and then as an investor. He recognized that he was spending all of his time working on behalf of his clients. As a result, he was doing little to serve the person he came to realize was his most important client: himself.

For Munger, the realization that he was his own most important client led him to adopt a daily practice as a young lawyer that became critical to his long-term success. He began “selling” himself the most important hour of his day—every day, first thing in the morning— and he used the time to work on personal and professional development. He wasn’t satisfied with his circumstances, so he decided to work for himself—one hour every day— to improve them.

In an interview he gave for his authorized biography, The Snowball: Warren Buffett and the Business of Life,

Buffett recounts Munger’s approach: “Charlie, as a very young lawyer, was probably getting $20 an hour. He thought to himself, ‘Who’s my most valuable client?’ And he decided it was himself. So he decided to sell himself an hour each day. He did it early in the morning, working on these construction projects and real estate deals.

Everybody should do this, be the client, and then work for other people, too, and sell yourself an hour a day.”

Most lawyers think the path to success lies in devoting as much time as possible to working for paying clients.

However, as Munger learned and Buffett observed, the best investment you’ll ever make is selling yourself one hour of your time every day.

Don’t Let This Year Slip By If you find the idea of carving out an hour every day to engage in business development activities unrealistic, you’re not alone. Despite the fact that one hour constitutes merely ten percent of most lawyers’ time each workday, they view an hour-per-day approach as unsustainable. What’s unsustainable, however, is the sporadic, frenetic alternative. You won’t build a practice if business development is only something you focus on when it becomes an urgent priority.

Chances are, you set some big business development goals for yourself at the beginning of 2020. Perhaps they seemed so big that you never got started working toward achieving them. Even if you did get started, the COVID-19 crisis may have thrown you off-track. Today, with less than four months left in the year, is the perfect time to revisit those goals.

Make a commitment. Develop a plan. Block time on your calendar for business development. Start selling yourself one hour every day. n Jay Harrington is the owner of Harrington Communications, a leading digital marketing agency for law, consulting, and accounting firms. He specializes in helping law firms build engaging websites and digital marketing strategies through creative design and storytelling. Jay is author of three books, The Productivity Pivot, The Essential Associate, and One of a Kind. He hosts the podcast The Thought Leadership Project.

Jay is a graduate of the University of Michigan Law School, and previously he was a commercial litigator and corporate bankruptcy attorney at Skadden Arps and Foley & Lardner.

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Is Your Law Firm a Group of Cats or Dogs?

by Joseph Altonji

Is your firm a group of cats or dogs? Probably not a question most managing partners have considered recently, but surprisingly apt.

Consider the behavior and hunting patterns displayed by the typical wild versions of cats and dogs.

Cats hunt as solos. They stalk their prey individually, kill it, and keep it mainly for their own benefit, or for their own young—whom they teach to hunt for themselves at a very early age. The ultimate example of “eat what you kill.” Dogs (and related animals like wolves), on the other hand, hunt in packs and share the benefits of the kill across the pack. They have team strategies and team benefits. They respond to strong leadership, as Mike Short noted in his post “Law Firm Leadership is Like Walking the Dogs.” Domestic dog behavior is usually highly social. Most dogs like people and other dogs and like to play games. They will initiate playful group behavior, and most of them just want to be “with” their owners. Cats might like you (and even play “with you” if you dangle something in front of them) but from their perspective, it’s generally all about them. They own the place. Your primary job is to feed them, brush them, pet them ... you know the drill.

Is it a surprise, then, that cats and dogs are naturally antagonistic and will fight each other absent early socialization to instill different behaviors?

With these thoughts in mind, which kind of firm do you have? If you are like most firms, you probably have a mix of “cats” and “dogs” in your shop. There are likely to be a number of partners who really are solos, or sole proprietors, whose orientation is primarily to catch and hold on to their own clients, share as little as possible while maintaining strict control over the work they do hand out to others. You probably also

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Attorney Journals San Diego | Volume 205, 2020

have a number of partners whose natural inclination is to build teams, work with others, share the benefits of the practice, support each other on clients and just trust that they will be treated fairly in the process.

Realistically, there is room for both in most firms, but the tensions between competing philosophies can sometimes be significant and can manifest themselves in many ways.

There is a real difference between the type of firm you would build if you are catering to cats vs. dogs, and how you build the firm will have a major influence on how you are perceived in the marketplace, what laterals and young lawyers you attract, and how successful you might be in implementing your strategy. Where might those differences lie?

Start with the obvious—how is your compensation system designed? Is it an “eat what you kill” type of system that encourages holding on to clients and work, only delegating what you cannot get done yourself or just don’t have the skills to do? Does getting someone else to work on your clients require a negotiation around credit sharing? Do all marketing “teams” need to have a pre-arranged deal on how credit will be allocated? Or does it encourage credit sharing, team building, collaboration across skillsets, and multiple relationships with key clients? Do partners benefit from creating client access for others? Training young lawyers to be future team members? Team marketing— “let’s catch the client first and worry about how the credit is allocated later?” Where the balance of these competing demands falls says a lot about which side your firm leans toward and striking this balance can sometimes lead to serious tensions around the firm’s compensation system and its implementation.

Next, consider how your practices are managed. Do the Practice Group Leaders have real authority and, more importantly, buy-in, to drive team efforts and activity?

Can they generate real communal activity, and have some influence on the allocation of rewards? Or is the primary job of the Practice Group Leader to monitor what is happening among sometimes competing rivals in the practice and try to get people resources when requested while bothering them as little as possible?

Finally, consider your approach to strategic thinking. As a firm, are you disciplined around and capable of agreeing on where the firm is going—and where it isn’t? And do your partners and other stakeholders buy in to the group decisions and work together to try to achieve those goals? If so, maybe you have a pack of dogs in your firm. Or, is your strategy a collection of what all the individual objectives stakeholders (or at least the most important cats among them) want to achieve, whether those objectives are realistic or compatible with each other? This suggests a clowder of cats (or maybe an ambush of tigers or pride of lions?). As you think about it, even the names of these groups of animals suggest very different personalities and very different power arrangements when they come together.

Both cats and dogs can be successful, but in a law firm, there is probably a limit on how big a “cat” firm can be and remain successful. Every firm might need a share of cats to achieve some goals and maybe focus on specialized skill sets, but building real depth and scale successfully requires cooperation and team effort, not the building of individual fiefdoms. Unfortunately, in our new COVID world where getting together is difficult or impossible, it is harder than ever to collaborate and build team successes. There is a real danger of culture shift (more cat, less dog) in firms where leaders cannot—or do not—keep the focus on connectivity and support for all team members. If you do not want that outcome, keep a constant focus on your culture and your people, even while you consider the immediate business concerns and financial performance. As the leader of the pack, it’s your responsibility to assure the firm emerges from challenging times stronger and better than it entered them. n Joseph Altonji is a founding Principal of LawVision and has spent over 30 years consulting to law firms and their leaders both in the United States and internationally. Prior to launching LawVision, Joe spent 22 years with Hildebrandt Baker Robbins, and its predecessor firm, Hildebrandt International, as a strategist and senior Managing Director. He was a senior member and Co-Chair of Hildebrandt Baker Robbins Law Firm Strategy and Structure practice, and Chair of the Hildebrandt Baker Robbins Law Vision Coordinating Committee, which was responsible for systematically rethinking the business of law. Learn more at www.LawVision.com.

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7/12/13 5:04 PM

Courtroom Drama: Trial Presentation Best Practices for the Virtual Courtroom

by Jim Gill

As early as May, the ABA Journal was raising the idea of virtual trials becoming a part of the “New Normal,” an oftused phrase to indicate life moving forward in the aftermath of the global COVID-19 pandemic.

Now, three months later, virtual hearings and trials are becoming a regular occurrence, and as they do, challenges arise with them.

This week’s eDiscovery Blues cartoon tries to capture a few of those challenges with our usual combination of levity and insight; in particular, the struggle of an attorney being able to gauge the reactions of various parties while presenting an exhibit on screen. Also, it was hard to pass up the chance to show someone taking advantage of professional attire for the camera, while still rocking shorts and fuzzy slippers off screen.

A Few Basics to Consider for Trial Presentation in the Virtual Courtroom As most of us become accustomed to video conferencing and remote work, a few things start to become apparent as being necessary.

Second Monitor: When you move from a real life setting to video, your brain might be expecting the outcome of a multi-camera television production, but the reality ends up something like today’s cartoon. But with Zoom calls, you actually do have multiple camera views to work with. This is where having, at minimum, a second monitor in order to optimize presenting as well as organizing participant and speaker views is crucial.

Backgrounds, Dress Codes, Lighting and Audio: In the recent congressional hearings with the leaders of

28

Google, Facebook, Amazon, and Apple, one thing that came out of that was an analysis of the speakers’ video presences (there was a great write up about it in the NY Times).

Keeping that in mind, here are some things to consider: • Attendees should keep their background simple and neat (backgrounds such as a beach landscape or a galaxy are inappropriate for the courtroom).

• As dress codes are still required, attire needs to be professional. At least follow the “Zoom mullet” approach—business on the top, party on the bottom.

• Also consider staying away from striped patterns in clothing. In a recent hearing, one participant was constantly closing his eyes, because another participant’s striped blouse was making him slightly nauseous as the pattern was visually vibrating.

• Good lighting is also very important. Avoid being backlit. Also avoid dark spaces and shadows, which can add an unintentional, somber mood. Ring lights are more popular than ever and for good reason.

• If you have to choose between good audio or good video, choose good audio. Investing in a quality mic can have a huge impact.

Opportunities and Challenges for Virtual Trials and Hearings To get more insight into the current situation, I reached out to Alicia Aquino, who is a Trial Presentation Specialist and Litigation Consultant, for her take.

“Online trials are such a controversial topic; however, we see it CAN be done. Whether you’re in-person or online, organization and preparation are the keys to a seamless trial.”

She goes on to add a few of the challenges she’s currently seeing.

“We are finding that access to technology may be an issue for some states and counties. In an ideal situation, jurors would use dual monitors during trial. As with an in-person trial, the cost of trial equipment is shared between parties, ensuring all jurors have an adequate setup may be the burden of the parties in the future.

“Another challenge with online trials is the internet speed varies from home to home, and jurors and parties are being dropped, causing delay. A possible solution may be asking jurors to participate at a public setting (i.e. library or government building) which can accommodate for safe social distancing.

“There is a high level of importance for a technical or ‘IT bailiff’ during an online hearing or trial to assist with the coordination of jurors, breakout rooms, and any other tech issues. This person is trained by the court to handle the back end of the platform and logistics. Some courts face an issue with the budget of having a full-time person assist with technology.

“Court reporters are being tasked with pulling up exhibits in a deposition; however, having an experienced trial tech will help streamline this process. Let the attorney handle the legal arguments while the tech handles the software and evidence.”

Three More Things to Consider for Trial Presentation in the Virtual Courtroom For further insight on how to better prepare for virtual courtroom presentation, I turned to Janelle Vindiola, Senior Project Manager for the Ipro Trial Services Team.

1. Practice, Practice, Practice Take time for incorporating multiple practice sessions within your own legal team, so they can learn what to expect when presenting visual evidence in a remote environment. Practice sessions can help determine internet connectivity between parties (including witnesses) to allow time for upgrading equipment if needed.

And, as the court is usually the web host, allow time for a practice session between court and counsel to understand the court’s expectations and requirements, as well as learning the workflows between all parties.

2. Organization of Exhibits is Key to a Smooth Presentation If it is not already part of the process, it is suggested for the legal team to share a daily outline of exhibits to be presented. Because the trial tech does not have the convenience of sitting next to counsel, an outline will help the tech easily follow the counsel’s direction of strategy and be on queue to present.

Make sure to have an alternate file sharing application to support distribution, since Zoom has a file size limitation of 512MB. Also, courts are known to disable the chat and breakout rooms in Zoom, so the file sharing function may not even be available.

It is crucial to make sure all parties are on the same application platforms to easily follow group communications and data transfers. For trial teams (including trial techs), they will need to confirm alternate communications and have their own private cloud share as well.

3. Security is Important Make rooms private where possible and assign someone to vet participants as they enter the discussion. Zoom has a “waiting room” where people must go before being allowed in as means to prevent “Zoom bombing.”

Someone will need to monitor that area for attendees if the proceedings are open to the public.

As web hosting may not be 100% secured, review and understand the security policies of your web application and best workflows. Zoom is constantly updating their security features; make sure everyone has the latest build.

Conclusion As Alicia Aquino puts it, “The COVID-19 pandemic has created an opportunity for the legal industry to embrace technology and move cases through a virtual space. Although online jury trials are not ideal for long term, it is a viable option until we can all safely enter the same courtroom together. Although most courts are already familiar with Zoom for online hearings, there is an opportunity for a platform to be customized specifically to our industry and online courts.”

While there are certainly other challenges that will continue coming up, a little planning, preparation, and communication can go a long way. Things have definitely changed in the past few months, but it’s exciting to see how our industry is leveraging technology to keep the justice system moving forward. n Jim Gill is the Content Chief at IPro Tech, LLC. Learn more at www.iprotech.com.

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