SAN DIEGO
Volume 113, 2013 • $6.95
MEDIATOR OF THE MONTH
Jonathan Brenner
6 Words that Will Make You a Marketing Superstar
Tom Trush
PROFESSIONAL PROFILE
Procrastinate – Who, Me?
Barbara Mencer
West Coast Resolution Group
Presentation is Key
Lori McElroy Write Your Way to New Business by Writing for Magazines
David Lorenzo
I Need Clients Now!
Gerry Riskin, Bob Weis, Sally Schmidt, David King Keller & Mike O’Horo
Attorney of the Month
Cynthia Chihak
SHUSTAK FROST & PARTNERS P.C. Attorneys At Law
is pleased to congratulate our partner; Thomas C. Frost, for being named A Top Attorney 2012. We are proud of your recognition and pleased to have you honored for your tireless commitment to our clients and the legal system.
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2013 EDITION—NO.113
TABLE OF CONTENTS features MEDIATOR OF THE MONTH
6 Jonathan Brenner by Jennifer Hadley
10 I Need Clients Now!
Five Top Rainmaker Coaches Reveal Some of Their Best Strategies to Bring In More Business Now. by Gerry Riskin, Sally Schmidt, Bob Weis, David King Keller, Mike O’Horo
12 COMMUNITYnews
6
15 6 Words that Will Make You a Marketing Superstar Learn the Best Way to Deliver Your Marketing Message.
EXECUTIVE PUBLISHER Brian Topor
by Tom Trush
16
EDITOR Nancy Deyo CREATIVE SERVICES Skidmutro Creative + Layout
PROFESSIONAL PROFILE
22 West Coast Resolution Group
PHOTOGRAPHY Bronson Pate Vinit Satyavrata
CONTRIBUTING EDITORIALISTS Barbara Mencer David Lorenzo Lori McElroy Gerry Riskin Sally Schmidt Bob Weis David King Keller Mike O’Horo Tom Trush WEBMASTER Chase Jones ADVERTISING INQUIRIES info@AttorneyJournal.us SUBMIT AN ARTICLE Editorial@AttorneyJournal.us OFFICE 10601-G Tierrasanta Blvd., Suite 131 San Diego, CA 92124 P 858.505.0314 • F 858.524.5808 www.AttorneyJournal.us ADDRESS CHANGES Address corrections can be made via fax, email or postal mail.
16 Cynthia Chihak by Jennifer Hadley
CIRCULATION Angela Watson
STAFF WRITERS Jennifer Hadley Bridget Brookman Karen Gorden
ATTORNEY OF THE MONTH
by Jennifer Hadley
24 Write Your Way to New Business by Writing for Magazines
Learn One of the Best Ways to Position Yourself as the Expert in Your Field. by David Lorenzo
26 Presentation is Key
A Complicated, Confusing, or Poorly Executed Presentation Can Do More Harm than Good. How to Avoid the Pitfalls.
22
by Lori McElroy
28 Procrastinate—Who, Me? Why People Procrastinate and How to Fix It. by Barbara Mencer
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ROAD
TO SUCCESSFUL MEDIATION Jonathan Brenner’s Decades Of Experience Representing Defendants And Plaintiffs Prove To Be The Key To A Successful Mediation Practice. By Jennifer Hadley
T
here are very few mediators who can consider their breadth of litigation experience on par with that of Jonathan Brenner, mediator with Judicate West. With more than 25 years as a defense attorney, plaintiff’s counsel, arbitrator, instructor and mediator, it’s not surprising that Brenner has earned a reputation for being a straight shooter, who is well-known for his successful, expeditious mediations. The key to his success is no secret though. It’s rooted in a tenured career as a practicing litigator and, consequently, as the result of years and years observing other mediators at work. As a young law school graduate, Brenner was determined to carve his own path as an attorney. Originally from Washington D.C., he spent summers working in his father’s law firm. Upon receiving his J.D. from American University’s Washington College of Law in 1984, however, Brenner insisted upon charting his own course as an attorney. That is, he had no interest in having his father help him launch his career. Thus, when a post-graduation opportunity to take a trip to San Diego -the physical fitness capital of the world- arose: Brenner, a self proclaimed “work-out guy,” leapt at the opportunity. “I’d never been to California, so when I arrived at the Mission Bay Welcome Center, I took a look around and the ocean air hit me. I saw people playing basketball, and grandmas with boom boxes, and I walked into the center and said ‘I’m moving here. I need a hotel, I need to register for the Bar Exam, and I need a gym membership.” Following the whirlwind trip, Brenner returned to the East Coast, packed for three days and returned to San Diego. FROM D.A’S OFFICE TO DEFENSE Prior to being admitted to the Bar in California, Brenner spent a year with the District Attorney’s Family Support Division pursuing felony welfare fraud cases with the intention 6
Attorney Journal | Volume 113, 2013
of forging a career as a deputy district attorney. However, subsequent hiring freezes and long waiting periods didn’t sit well with Brenner, who was eager to embark upon his career and start earning a living. The opportunity presented itself when an acquaintance asked him to take over his law office for the summer while he was on vacation. “I worked on every case that came in. I was working a divorce case in the morning, personal injury cases in the afternoon, worker’s compensation cases in between and, in the evening, occasionally a DUI case,” he laughs. “I spent that year doing everything.” Not only was the variety of work keeping Brenner busy, it also gave him the confidence and experience needed to earn him an invitation to helm the San Diego offices of Grace, Neumeyer & Otto, specializing in complex product liability and insurance defense where he litigated a case resulting in the first published Appellate Court decision regarding the interpretation of the San Diego “Fast Track” rules. He dove into his career as a litigator and spent the next decade working his way from Associate to Senior Litigation Associate to Senior Trial Attorney with various firms, all the while nurturing a burgeoning passion for alternative dispute resolution. “The majority of my first 17 years of practice were spent primarily defending product liability, construction defect and personal injury cases,” he says. By proxy, he found himself learning the intricacies of successful dispute resolution. “As a very active litigator, I arbitrated countless cases.” Nonbinding arbitration was incredibly popular and successful at the time, and “when I was a young lawyer, arbitration was how we learned to become trial lawyers,” he says. Ever eager to continue broadening his horizons in the field, Brenner jumped at the opportunity to become an arbitrator on the San Diego Superior Court Arbitration panel in 1991. The role of arbitrator came naturally to Brenner, and he quickly became a
JOURNAL
FEATURED MEDIATOR
OF THE MONTH
2013
The Brenner family - Angie, Pierce (16), Lauren (13) and Jonathan
School of Law, and for the Forensic Expert Witness Association, he was thrown a career curveball in 2002. After more than 10 years as a Senior Trial Attorney defending cases for national insurance company USAA, the company abruptly laid off numerous employees in 2002. Brenner was stunned, but not deterred. “I was the most senior attorney in the office other than the managing attorney and the most expensive,” he says honestly. Fortunately, a breakfast meeting with Sean Simpson who Brenner refers to as “one of the best plaintiffs’ attorneys in town” would allow Brenner to once again expand his areas of expertise, and incorporate an area of law into his practice that he immediately loved. As Managing Partner of Simpson & Brenner, Brenner transitioned into plaintiffs work, “representing individuals who were seriously injured or were the victim of wrongful termination, discrimination, sexual harassment and other employment-related claims,” he says. The firm also prosecuted elder abuse cases, professional negligence and business litigation. The work on behalf of plaintiffs was incredibly rewarding, and Brenner admits that having the experience of being on both the defense and the plaintiff’s side has had a positive impact on his mediation business. “Having practiced both (defense and plaintiff’s work) has probably helped my credibility, as attorneys recognize that I’m not biased towards either side,” he says. Although he loved being a plaintiff’s attorney, for Brenner, there was always something about mediation that was just a natural fit. His clients recognized it as well, and by 2006, Brenner says “it became increasingly difficult to manage a litigation practice while mediating so many cases. In addition it became clear that if I wanted to be one of the top mediators, I would have to focus solely on my mediation practice.” He made the decision to become a full time neutral in 2006. In 2008, he joined Judicate West.
Tae Kwon Do Training
highly requested arbitrator. Looking back, Brenner attributes his popularity to the volume of cases he personally arbitrated. The experience of arbitrating and mediating numerous cases allowed him to see not only what worked for his clients, but what made for an effective neutral. Shortly thereafter, Brenner was thrilled to have a colleague ask him to mediate an unusual case involving two factions of the Samoan Church of Christ in San Diego. After an overwhelmingly positive experience, wherein the parties reached a tearful and unanimous decision to stop fighting over the church grounds, Brenner knew he’d found his niche. Thus, when arbitration began to lose its popularity, giving way to mediation as a preferable form of dispute resolution, Brenner was poised to make the move. “I had observed first-hand what techniques were effective and what techniques were counter-productive or ineffective. I realized what qualities I valued in a mediator and began to recognize the traits and attributes other attorneys are looking for when selecting a mediator. I started mediating a significant volume of cases, sometimes as many as 3-4 cases a week, with all of the successful, well known and highly regarded mediators in San Diego. I developed my mediation philosophy and style during this time. I observed all of the successful mediators in town to see what worked. I talked with opposing counsel to find out what they liked and what they didn’t like. But I think that what helped me the most was the fact that I had years of experience as a litigator,” he says. A CHANGE OF SCENERY: THE ROAD INTO PLAINTIFF’S WORK In spite of his success as defense attorney, Brenner wasn’t immune to career upheavals. Although he’d taught continuing legal education classes for the State Bar of California, National Business Institute and Lorman Education Services in a variety of subjects, and had been a guest lecturer at USD School of Law, California Western School of Law, Thomas Jefferson 8
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MERGING WITH LIKE MINDED MEDIATORS “Judicate West has assembled a phenomenal group of retired judges and former attorneys who are dynamic and experienced. The atmosphere is professional, yet relaxed and comfortable.
» LEGAL CAREER & PRIOR EXPERIENCE
• Full-time Neutral (2006-Present) • Managing Partner, Simpson & Brenner, personal injury, insurance, employment, elder abuse, and business litigation, in addition to actively serving as mediator (2002-06) • Senior Trial Attorney, Law Offices of Bryce O. Willett, insurance defense (1991-02) • Senior Litigation Associate, Borton, Petrini & Conron • Associate, Lorber,Grady, Farley & Volk, construction defect, insurance defense, personal injury, business and family law cases (1989-90) • Associate, Grace, Neumeyer & Otto, complex product liability and insurance defense cases (1987-89) • Private Practitioner, Law Offices of Jonathan A. Brenner, specializing in business law, family law, personal injury and criminal matters (1986-87) • San Diego County District Attorney’s Office, Family Support Division (1985-86)
» EDUCATION & PROFESSIONAL AFFILIATIONS
• J.D., American University, Washington College of Law (1984) • B.A., Dickinson College, Cum Laude (1981)
EXPERIENCE
We definitely have our own unique personality, which in my opinion makes us the preeminent ADR provider,” he says. Brenner is certainly doing his part to maintain the reputation and credibility of Judicate West. “I have mediated virtually every type of case, including but not limited to, personal injury cases such as wrongful death and catastrophic injury, insurance bad faith claims, insurance coverage disputes, property damage claims, real property disputes, business disputes, contract disputes, elder abuse, wrongful termination and other complex employment-related disputes and all types of business disputes,” Brenner says. Still, for all of his success, Brenner still believes that there is much more to learn through experience, even in unlikely circumstances. To illustrate, Brenner, who holds a 4th Degree Black Belt in Tae Kwon Do (Korean Karate), is reminded of a martial arts competition between 10 -12 year old girls he recently judged. “One of the little girls punched the other girl in the face, which is not allowed,” Brenner recalls. The Center Judge, Master Hunter, stopped the fight and we imposed a penalty upon the competitor who struck her opponent in the face. The little girl who got hit was very angry and began to fight in an overly aggressive manner. Master Hunter stopped the match again and what he told the girls really struck me. In a gentle, but firm voice, Master Hunter looked the girl in the eye and told her “Don’t Fight Mad. When you fight mad, you don’t think clearly. You lose perspective and make mistakes. When you fight mad, people get hurt.” I found the advice so basic and yet profound. “Don’t Fight Mad” is a good metaphor not only for law, but for life in general.” If the past predicts the future, there is no doubt that Jonathan Brenner will continue to use every experience to the benefit of his clients and, to the successful resolution of countless disputes through his work as a mediator with Judicate West. Contact: Jonathan A. Brenner Mediation Offices of Jonathan A. Brenner/Judicate West 402 W. Broadway, Suite 2400 San Diego CA 92101 jabrennerlaw@msn.com | www.judicatewest.com 619.814.1966
With “The Girls” of Judicate West, San Diego
• Instructor, California State Bar CEB, Preparing for, Taking and Using Depostions (2005, 2008) • Instructor, National Business Institute, teaching Trial Practice, Trial Preparation, Advanced Trial Advocacy, and Deposition Strategy • Instructor, Lorman Education Services, teaching Litigating Wrongful Death Cases, Successful Mediation Techniques for Litigation Attorneys • Member, California Trial Lawyers Associations and CASD (2007-Present) • Member, American, California and San Diego Bar Associations (1986-Present) • American Inn of Court, Louis M. Welch Chapter (2004) • San Diego Inn of Court Instructor, Board of Directors (2000)
» ADR EXPERIENCE & SPECIALTIES • Employment
• Business Commercial • Wrongful Death • All types of Personal Injury matters
» ACHIEVEMENTS & AWARDS
• Mr. Brenner was listed as one of the “Top Attorneys” in the San Diego Daily Transcript in 2005. • Additionally, Mr. Brenner has been a guest lecturer at California Western School of Law, University of San Diego, Thomas Jefferson School of Law and for the Forensic Expert Witness Association.
» HOBBIES & INTERESTS
• In his spare time, Mr. Brenner enjoys martial arts, weight lifting and spending time with his family.
» LOCATIONS
• All of California.
I Need Clients Now!
Everyone knows that business development should be part of every day’s to-do list. Still, it’s the rare lawyer who hasn’t at least once experienced the sudden sinking feeling that comes when you’ve just finished your last client work and don’t know where the next is coming from. When it happens to you, don’t panic. While renewing your commitment to all the things you should have been doing all along, you can also take immediate action. We asked some of our favorite business development and marketing experts to give you advice on the best way to get paying client work right NOW. Here’s what they had to say.
GERRY RISKIN
SALLY SCHMIDT
Go visit some clients. Make a list of clients you have served and phone them to let them know you will be in their neighborhood (or city, yes, buy a plane ticket), and ask if you can stop by for coffee “to pay your respects on your dime.” Think about an article or preventative checklist you could leave behind that might be helpful to each client visited—customize and personalize … as if they were the only client in the world—like dating, remember? While there, ask questions about your client contacts personally (family, kids), their business and their industry. Your reason is simply to understand them better—and their needs—should they require your help in the future. Odds that you visit at least 10 clients and don’t get retained? Zero. Odds that you’ll get retained if you stay in your office and sulk? Also zero. You choose.
While it’s always easiest to get new business from existing or former clients, let’s say that well has been tapped. What next? Many lawyers fail to realize the best thing they have to offer is the last thing they worked on. First, think about how lessons learned in a recent project can prevent a problem for someone else. For example:
Gerry Riskin is a founding partner of global consultancy Edge International. He consults on strategy with an emphasis on competing for clients, is the author of The Successful Lawyer, and is co-author of Practice Development: Creating the Marketing Mindset, Herding Cats and Beyond Knowing. He blogs at Amazing Firms Amazing Practices.
• “I just wrapped up a major litigation matter that resulted from ambiguous language in distribution agreements.” • “A contractor came to me with a major issue because he had misclassified his subs.” • “I helped a technology company develop an enforceable noncompete agreement for its engineers.” Then think about what you can do to help. For example: • “Audit” agreements to identify problem language.
BOB WEISS Pull up your calendar from 12 to 18 months ago. Make a list of the co-counsel, referring lawyers, adverse counsel and clients you were in contact with then but have not had recent contact with. Call or email each one. Explain the matter you just finished, ask them what they’re working on, what they have recently finished or accomplished and what they are trying to accomplish now. This “rekindling” often leads to immediate assignments or referrals. Bob Weiss writes law firm marketing plans, coaches lawyers and speaks regularly at retreats and legal conventions nationwide. He helps attorneys develop dockets of intellectually challenging cases at desirable rates. Bob founded Alyn-Weiss & Associates, Inc. in 1980 and is the author of the book Marketing in Brief.
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• Review the employee handbook. • Conduct a training program for managers. Make this service easy to buy—a discrete project with a fixed cost. The key is to get one file; then you can build the relationship with your new client. Sally J. Schmidt is President of Schmidt Marketing, Inc., which offers marketing services to law firms. Sally was a founder and the first President of the Legal Marketing Association and one of the first inductees into the LMA’s Hall of Fame. She is the author of Marketing the Law Firm: Business Development Techniques and Business Development for Lawyers: Strategies for Getting and Keeping Clients. Follow her on Twitter @sallyschmidt.
DAVID KING KELLER
MIKE O’HORO
There are many ways to quickly get paying client work. Some may surprise you.
It’s really hard to get legal business “right now,” but if you’re in a position where you have to try, here’s a combination of two steps that’ll give you a chance:
1. Go to LinkedIn, then go to the People search drop-down menu and click on Jobs. Type your practice area into the search box and click on Search. I found two listed jobs for a “collective bargaining” attorney in the San Francisco Bay area. Yes, I was surprised, too. Give it a try. Today may be your lucky day. 2. Call your last five clients and say, “I just finished a project and currently have bandwidth for new client matters. Is there any legal matter I can help you with, or someone you know who could use some legal support in the area of … ?” List all your practice areas because they may not recall all the support you can offer them. Doing this not only jogs their memory about how talented you are, but gives them a few moments to reflect on your two-part question. 3. Do the same thing with your raving fans and referral sources. 4. Then repeat the same thing with people in your firm and lawyers you know in noncompeting practice areas. 5. Make sure all the bar associations you belong to have you in their attorney referral system. Speak with the person in charge—this will put you “top of mind” in their brain. And while you’re speaking with them, ask them how other lawyers in your practice area are securing new clients. 6. Contact the LinkedIn Group Manager of a LinkedIn discussion group that discusses topics in your practice area and ask him or her who is currently hiring in your area(s) of focus. David King Keller is author of two books on how to grow law firm revenue: 100 Ways to Grow a Thriving Law Practice and The Associate As Rainmaker—Building Your Business Brain. He is CEO of Keller Business Development Advisory Group, which provides law firm business development training, 1:1 attorney biz dev coaching and MCLE instruction on various topics
1. Create proximity. Proximity triggers clients to think about what they associate you with, and to realize that they’d intended to speak with you about something they need done. Call every client and create virtual proximity by phone. 2. Ask for advice. Entrepreneurs trying to raise venture capital know this: “Ask for money, you’ll get advice. Ask for advice, you’ll get money.” You can’t call and only say “Hello,” hoping to stimulate point number one. You have to be relevant. Know your Door-Opener or Demand Trigger—i.e., the industry or company problem that triggers need for your expertise. Then when you call, you’ll say: “I’m trying to get better informed about [Demand Trigger]. Might I pick your brain for 15 minutes or so in the next few days?” Whether or not they call back to give you advice, you’ve demonstrated relevance and created virtual proximity in their minds. Mike O’Horo is a serial innovator in lawyer training. For over 20 years he has trained more than 6,000 lawyers in simplified sales processes by which they have generated $1.5 billion in new business. His current venture, RainmakerVT, is an interactive virtual business development training tool for lawyers. Mike can be reached at mikeohoro@ rainmakervt.com.
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COMMUNITY news nThorsnes Bartolotta McGuire associate Rebecca Blain has been selected as a finalist for Outstanding 2012 Young Attorneys by The San Diego Daily Transcript. The San Diego Daily Transcript conducts an annual peer nominated process to determine the best young attorneys in San Diego County who are: “Hard-Working & DetailOriented, Knowledgeable & Enthusiastic, Ethical & Professional REBECCA BLAIN and Committed to the Furthering the Interests of Justice in Society.” Rebecca, a 2008 magna cum laude graduate of the University of San Diego School of Law, practices in the area of complex business litigation, condemnation and business disputes. She is also widely known for her pro bono work and has twice received the prestigious State Bar of California’s Wiley W. Manuel Award for pro bono service. Beyond serving with the San Diego County Foster Youth Mentoring Program, she has worked with asylum applicants through the Casa Cornelia Law Center and the Catholic Legal Immigration Network of Los Angeles. Her other pro bono endeavors included involvement with clinics providing legal services for homeless youth and San Diegans living with HIV/AIDS. nFish & Richardson has been named the top patent litigation firm in the country by Corporate Counsel magazine. This is the ninth straight year that Fish has received the #1 ranking as the firm that handles the most patent litigation in the U.S. The firm has 12 offices worldwide, including one in San Diego. Corporate Counsel found that Fish handles significantly more ANN CATHCART CHAPLIN patent litigation than any other law firm. The annual survey, which was published in December 2012, ranks firms according to who represents clients in the most federal district court patent cases each year. In 2011, Fish handled a total of 173 new patent cases, a 35% increase over the number of cases the firm handled in 2010 and 48 more cases than the firm’s nearest competitor. Overall, the number of patent infringement actions filed in 2011 was the highest ever recorded. “More companies trust Fish for complex high-stakes patent litigation for one reason: we win,” said Ann Cathcart Chaplin, Litigation Practice Group Leader at Fish & Richardson. “Clients know they can trust us to handle their most complex litigation problems because we are the absolute best at what we do.”
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nHiggs Fletcher & Mack, a San Diego-based law firm for more than 70 years, received the Earl B. Gilliam Bar Association Corporate Diversity Award last Saturday night. The award was presented at the Gilliam Bar Association’s 36th Annual Awards and Scholarship Dinner. The annual award recognizes businesses that have shown a commitment to diversity in the San SUSAN HACK Diego legal community. Established in 1976, this organization is named in honor of the late Earl B. Gilliam, the first African-American San Diego County Superior Court Judge and United States District Court Judge for the Southern District of California. This Association preserves the highest standards of integrity, honor, and courtesy in the legal profession, and has worked to represent the interests of African-American attorneys, judges, law professors, and law students in San Diego. Susan Hack, Higgs’ partner and Diversity Committee chair, accepted the award on the firm’s behalf. The Higgs firm has spearheaded several diversity-oriented initiatives within the last year, including an annual $10,000 scholarship that is given to a deserving University of San Diego diverse law student. nKlinedinst PC is very pleased to announce that Heather L. Rosing, Chief Financial Officer and Shareholder, was recently selected by her peers for inclusion in The Best Lawyers of America® 2013. (Copyright 2012 by Woodward/White, Inc., of Aiken, SC) Rosing, a certified specialist in Legal Malpractice Law, was honored HEATHER L. ROSING by the publication in the fields of Professional Liability Law, and Legal Malpractice Law. She was also one of only two attorneys featured in the field of Ethics and Professional Liability Law. “Without a doubt, Heather is held in the highest regard by her peers, both inside and outside the firm,” said John D. Klinedinst, CEO of Klinedinst PC. “We are incredibly proud of her recognition by Best Lawyers, and congratulate her on the award.” nHiggs Fletcher & Mack, one of San Diego’s oldest and largest law firms, announces an expansion of space in order to accommodate its growing number of lawyers. This additional space will allow the firm to continue adding attorneys with complimentary practices. The expansion added approximately 3000 square feet on the 25th floor of the Columbia Center building downtown. The addition includes seven attorney offices, one conference room, three secretarial stations, and a paralegal office.
COMMUNITY news “The firm is growing at a steady rate and for that reason, we needed more space,” said managing partner John Morrell. “We went from 62 attorneys in September 2011 to 69 in November 2012. Higgs has undergone a number of recent positive changes including an entire rebranding and an extension of its practice areas to include the formation of the Environmental Law and the Hotel, Restaurant and Tourism (HRT) practice groups. After graduating as a member of the prestigious Order of the Coif—given to only the top ten percent of the class—from the McGeorge School of Law in Sacramento, Calif.—Ankcorn began his legal career as a deputy district attorney in Orange County, Calif. He earned his Bachelor of Arts degree cum laude from the University of Redlands in Redlands, Calif., where he lettered in football and basketball. nThe San Diego office of Fisher & Phillips LLP announces the election of Danielle Hultenius Moore to the firm’s partnership, effective January 1, 2013. Moore is a member of the firm’s nationally-recognized labor and employment law practice and joined the firm as an associate in 2006. Moore represents and counsels employers in all aspects of labor DANIELLE H. MOORE and employment law, including employment discrimination, wrongful termination, workplace harassment, retaliation, unfair competition and wage-hour lawsuits, employment handbook and personnel policy preparation, and general preventive advice including hiring, discipline and termination practices. She has experience litigating matters in state and federal courts, state administrative tribunals, such as the Fair Employment and Housing Commission, and in arbitration. She regularly conducts management training and lectures on labor and employment issues. Moore started her career working on the United States Senate Judiciary Committee for Senator Charles Grassley in Washington D.C. Prior to joining Fisher & Phillips LLP, Moore practiced general business and construction-related litigation in San Diego. nProcopio, Cory, Hargreaves & Savitch LLP is at it again. The California Daily Journal recently ranked Procopio fourth among all California firms in terms of growth in 2012, with a 27.3% growth rate. And the firm recently earned the ranking as San Diego’s largest law firm, with TOM TURNER over 130 attorneys. In the past year, Procopio added an office in Del Mar Heights. Most recently, to keep up with their growth momentum, the firm just announced that their Silicon Valley office, which was previously used on an asneeded basis by their San Diego-based attorneys, is now staffed full time by five lawyers who came from Sughrue Mion PLLC.
Leading the group up North is Miku H. Mehta, a partner on the Intellectual Property team. “Procopio’s ability to thrive and grow in these times is a testament to the strength of our business,” said Managing Partner Tom Turner. “We continue to climb the ranks as a leader in the legal industry, and we will continue to add experts in fields relevant to the needs of our client base.” nWilson Turner Kosmo LLP, a San Diego-based litigation law firm serving national, region and local clients, has added Robert K. Dixon as an associate to the firm’s Product Liability Practice Group. Dixon joins the firm from Tucker Ellis LP, where he defended high profile corporate clients in products liability ROBERT K. DIXON matters involving pharmaceuticals, medical devices and asbestos-containing products. His practice at Wilson Turner Kosmo primarily focuses on the defense of national automotive manufactures against negligence and strict products liability lawsuits in both state and federal court. Dixon also represents automotive manufacturers in breach of warranty claims brought under the Song-Beverly Consumer Warranty Act and Magnusson-Moss Act. Dixon is a recipient of the Wiley W. Manuel Award for Pro Bono Legal Services. Dixon developed an award-winning high school outreach program and also developed and managed a high school internship program. Dixon obtained his J.D. from the Southern California School of Law and her B.A. Magna Cum Laude from Loyola Marymount University. nWingert Grebing Brubaker & Juskie congratulates its associate, Deborah Dixon, on being named one of San Diego’s Top Young Attorneys in 2012. Deborah has been an associate at Wingert Grebing since 2007. She is an experienced trial lawyer whose practice DEBORAH DIXON focuses on defending lawyers in professional liability actions, litigating complex business and contract disputes, and on defending and prosecuting employment and personal injury matters. Wingert Grebing Brubaker & Juskie is a renowned trial firm with substantial experience in litigation, including legal malpractice defense, business disputes, employment cases, real estate development, construction matters, employment, intellectual property matters, and significant personal injury claims. The attorneys at Wingert Grebing represent their clients effectively by developing a strategy for each unique case, engaging in creative alternative dispute resolution and filing targeted dispositive motions. Wingert Grebing’s attorneys are trained as trial lawyers.
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Attorney Journal | Volume 113, 2013
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WORDS THAT WILL MAKE YOU A MARKETING SUPERSTAR by Tom Trush
Imagine asking a room full of business owners and entrepreneurs for their definitions of marketing. You’d probably hear several words repeated, such as “sales,” “selling” and “promoting.” But it’s likely many would miss mentioning a critical piece in the marketing process—something you need before anyone considers spending a single cent with you. Trust. That’s why I came up with the following definition: Marketing is the process of establishing trust in a way that proves you can deliver your prospects’ desired outcome. You see, marketing involves initiating and developing relationships similar to the one you have with a spouse. The most important component of both interactions is trust. But, as you know, trust takes time. These days, establishing trust with prospects and even your own clients is challenging, especially online. Lofty promises and fabricated facts get thrown around like rice at a wedding. But you can still cut through the chaos. In fact, the easiest way is to focus your marketing on the following six-word question: What do my prospects want most? Now, before jumping to conclusions, let me remind you of a fact that might sound a little harsh ... Prospects don’t want your product or service. Believing they do only leads to frustration and unsuccessful marketing campaigns. What prospects want is the outcome delivered by your product or service. Understand the difference? So if you’re a portrait photographer, your prospects don’t want you to take pictures—they want visual memories they can’t wait to share with friends and family. If you’re a criminal defense lawyer, a guy just pulled over for extreme DUI doesn’t want legal representation—he wants to stay out of jail, get his record cleared and have a chance at living a normal life again. Your marketing must provide insight that puts prospects closer to their desired outcome. Recently, I was introduced to a passage from Wallace D. Wattles’ 1910 classic, The Science of Getting Rich. Many view the book as the basis for most personal finance and self-help literature written today. Check out how Wattles describes our natural desire for knowledge and understanding—as if they’re internal forces you can’t turn off:
In so far as your business consists in dealing with other men, whether personally or by the letter, the key thought of all your efforts must be to convey to their minds the impression of increase. Increase is what all men and all women are seeking. It is the urge of the Formless Intelligence within them, seeking fuller expression. The desire for increase is inherent in all nature; it is the fundamental impulse of the universe. All human activities are based on the desire for increase. People are seeking more food, more clothes, better shelter, more luxury, more beauty, more knowledge, more pleasure—increase in something—more life. Every living thing is under the necessity for continuous advancement. Where increase in life ceases, dissolution and death set in at once. Man instinctively knows this, and hence he is forever seeking more. So what’s the “more” your prospects ask for? n Tom Trush is a Phoenix-based direct-response copywriter who helps business owners craft lead-capturing marketing materials. He is the author of “The ‘You’ Effect: How to Transform EgoBased Marketing Into Captivating Messages That Create Customers” and “The Reluctant Writer’s Guide to Creating Powerful Marketing Materials: 61 Easy Ideas to Attract Attention and Get More Customers.” More of his educational articles, videos and expert interviews are available on his website at writewaysolutions.com. Attorney Journal | Volume 113, 2013
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AForVOICE Victims By Jennifer Hadley
ong before Cynthia Chihak actually says that she believes in “telling it like it is,” her candor is undeniable. “I was trained to do nothing,” she says of her decision to go to law school. “I had a degree in Chemistry and Psychology and was a cocktail waitress with no career path,” she recounts with a comfortable chuckle. “My dad had always asked if I was going to be a doctor or a lawyer. A nurse or legal assistant was not an option,” she adds. But it wasn’t until after she graduated college that she decided to accept a bet from a friend which would set in motion a remarkable career as a voice for victims of medical malpractice and catastrophic injury. “My friend bet me that there was no way I could score in the 90th percentile on the LSAT.” Chihak won the bet, scoring in the 98th percentile, and enrolled in law school at Pepperdine University.
No Shrinking Violet
“Law school was a major turning point in my life. Less than 10% of those enrolled were women and women trial lawyers in plaintiff firms were non-existent,” she recalls. However, that didn’t change the fact that Chihak loved law school. “It was the first time I was studying material just because I wanted to learn, not for the grade,” she says. Her passion for law and her GPA ultimately landed her the position of Assistant Editor for Pepperdine University Law Review, and in 1977, she earned her J.D. During her second year in law school, Chihak worked with Wylie Aiken, whom she considers “one of the most prestigious and well respected personal injury lawyers in the nation.” From Mr. Aiken, she learned to “value her clients’ interests first,” she says. When she moved to San Diego and started her firm, like many young attorneys starting out, Chihak was initially eager and willing to work on all types of cases. “I did divorces, bankruptcy, personal injury cases,” she says. However, she had discovered that her passion was in advocacy for tort victims. “Although I cannot give my clients back their previous lives, we can help them regain their independence and self respect,” she says. In virtually no time, Chihak set about to do just that, establishing her practice, with the philosophy that is now the firm motto: “We are trial lawyers, not settlement lawyers.” Chihak’s determination to represent victims in the fields of medical malpractice, serious personal injury and wrongful death matters meant that she was going to have to play by the unspoken rules of these contentious cases. “These cases are confrontational from day one. If you are easily intimidated, or shy away from confrontation, this is not the field for you,” she says frankly. Moreover, she adds, “you have to be willing to work whatever time it takes to win. And if you’re doing this merely for the fee, you will never be a success. I think anyone who works in this field does it because they love it. If it’s otherwise you fail.” Fortunately for Chihak, despite the fact that she was working in a field of law that was extremely maledominated- and she’s by her own account a petite woman- she has always been a naturally competitive person. “I 16
Attorney Journal | Volume 113, 2013
ATTORNEY
OF THE MONTH
Cynthia Chihak’s Demands for Compensation for Victims of Medical Malpractice and Catastrophic Injuries Resonate Loudly in the Courtroom and Beyond.
2013
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From left to right Paralegal Assistant: Elizabeth Porambo and Trial Lawyers: Amy Rose Martel, Cynthia Chihak and John A. Hammerstrand.
don’t play sports, because I don’t like to lose, and for me there is nothing like getting the verdict. That is winning.” Chihak established herself early on, as someone who was willing to do whatever it takes to win for her clients. The results of her tenacity were clear from the start. Chihak says she learns with every trial. “In one of the first cases I tried, the jury came back with a question: ‘Can we give more money than the plaintiff’s lawyer asked for?’ she recalls. In this case, the jury had found that the MICRA-limitation of $250K was not sufficient compensation for Chihak’s client who had gone to a surgeon for a breast reduction for the third time, only to have the surgeon perform a double mastectomy. “I learned to value not just the case, but how it goes to the jury when I make my closing argument.” Chihak explains. The jury found the surgery to be a battery, rather than merely negligence, and therefore awarded Chihak’s client $500,000 in general damages.
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Telling It Like It Is Presently, Chihak’s caseload is 60-70% medical malpractice suits, with a large portion of her caseload stemming from referrals which come to her –ironically- from physicians she has sued in the past. “Horrendous mistakes happen. Very, very rarely have I sued a doctor who intentionally hurt someone,” she says. However when she does sue a physician, that physician isn’t likely to forget the experience, and in fact frequently sends new business to her door. “When someone close to a physician I’ve sued or deposed gets hurt, they know I will do a good job for their friend. They know I’m a trial attorney and work up every case as if it will go to trial. They want someone who will spare no expense in getting their loved one the compensation they deserve. When I’m in the middle of a trial, I’m in my office until 11:30pm or 12:00am, and back in the office by 5:00am. So is my entire team. That is a job requirement that is non-negotiable. You
have to be willing to work whatever time it takes to win,” she declares. If Chihak sounds blunt, it’s no accident, and in fact is one of the reasons that her practice continues to flourish. “I never sugarcoat anything to the client. If I get a call from a plaintiff who has been injured in a rear-end accident and has $3,000 in medical bills, I tell them that we are not the law office for them. I am very honest, and whenever possible I will advise clients how they can settle on their own. I tell them when they don’t need me.” That means of course, that there are a lot of cases that Chihak doesn’t take. As a guiding rule, Chihak & Associates only carries 20-25 active cases, with an additional 20 cases under review. Furthermore, the firm only takes on larger cases. Automobile accident cases generally need to reach the six-figure mark before Chihak accepts representation and medical malpractice cases must exceed the $250,000 MICRA-cap. “I don’t chase the fee, and I don’t settle a case for the fee,” she says. Instead, she takes cases that she knows her clients deserve to win. She says she doesn’t win every time and she tells the client that “they have to understand the risk and the potential benefit. I give them my advice, but it is always the ultimate decision of the client.” “Many personal injury lawyers settle their cases, and while they may claim to want to spare clients the stress of a trial, it may be time or money or experience they are concerned about,” Chihak says. By contrast, “we are open to settlement opportunities, but we will resist all offers that do not provide clients with fair compensation. We are trial lawyers, not settlement lawyers. We are not afraid to try cases,” she adds. As such, all personal injury and medical malpractice claims are on a contingency fee that does not increase as -or if- the case proceeds to trial.
and accolades including 8 Outstanding Trial Lawyer Awards and Trial Lawyer of the Year. She’s been named to Super Lawyers Top 100 Lawyers and San Diego magazine’s Top Lawyers since 2006. She has routinely been named one of California’s Top Woman Litigators, and in 2007, earned the Daniel T. Broderick III Memorial Award for Integrity and Civility. However, Chihak isn’t only active in the courtroom. Her visible presence in the legal community at large is equally well-documented. She’s a Fellow of the International Academy of Trial Lawyers and a barrister in the International Society of Barristers. She served as Secretary of the Consumer Attorneys of California in 1989 and 1990, and was the President of Consumer Attorneys of San Diego in 1992 and 1993. She became the first female president of the American Board of Trial Attorneys-San Diego in 2008, and has been a lecturer for organizations such as the American Board of Orthopedic Surgeons and the American Board of Urologists. She’s also taught dozens of seminars and workshops for audiences at UCSD- School of Medicine, ABOTA, San Diego County Bar, San Diego Inn of Court, Consumer Attorneys of San Diego, American Bar Association and the San Diego Trial Lawyers Association amongst others. Chihak has also published several works and served as Editor of Legislative Analysis Column, for Trial Bar News. A second reason that Chihak & Associates can afford to be selective in their case load can be traced to the substantial recoveries that she and her team consistently deliver for clients. Her clients routinely receive
A Big Voice For Victims Chihak & Associates can afford to be selective in its caseload due in part to the reputation Cynthia has worked so hard to build through tireless representation of victims of medical malpractice, catastrophic auto injuries, and premises liability. The majority of the people she represents are paralyzed, dying, or suffering from brain injuries. Her efforts for victims over the last thirty years have earned her an astonishing number of awards
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Future Plans For The Powerhouse Attorney Chihak’s ability to command a courtroom, and to demand –and fight for- fair compensation for her clients is testament to her steadfast resolve to go to any lengths for her clients. However, as her experience has obviously proven, she doesn’t need a big firm to produce big results. Chihak & Associates presently includes attorneys Amy Rose Martel and John A. Hammerstrand, as well as a small support staff. Chihak describes her firm as a “boutique practice with specialized staff and special clients.” To that end, Chihak has no plans to make changes either in the size or direction of the firm. “Hopefully, our firm will remain the same. I never want it to be so large that everyone does not recognize and understand the importance of every case. We’ve found our present workload of 20-25 active cases to allow us to all know what’s happening on each case. We have multiple eight figure awards and numerous seven figure verdicts and settlements. Every person here will devote whatever amount of their time or our money that is needed to advance our clients’ case and if the offer is not reasonable, we have the experience and resources to try the case, and we will,” she explains. n Contact: Cynthia Chihak & Associates 12555 High Bluff Drive Suite 150 San Diego, CA 92130 www.chihaklaw.com 858-481-7252
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EXPERIENCE
compensation totaling in the millions, which allows them to make the best of their lives following a tragedy. While Chihak acknowledges that the satisfaction that comes from a plaintiff’s verdict is indeed personally rewarding, it is the opportunity to help her clients to make the best of their lives that keeps her working so hard for victims. One of the cases that best illustrate the rewards she reaps from helping victims came in 2000. A 27 year old man had thrown himself under a falling movie sign in order to save a four year old child who would have otherwise been struck. “He became a hero and a paraplegic in a single moment,” she remembers. Chihak was able to recover nearly $13 million for her client, and says that he has gone on to live an extraordinary life in spite of the injury. “He made a substantial donation to the Sharp Memorial Spinal Cord Foundation, with the money recovered” Chihak says. But even more amazing, “Since the case settled, he’s gotten married and has two little girls of his own. It’s very rare for paraplegics to be able to father children.” Like many of her former clients, to this day, Chihak keeps in touch with him, and has even been honored to meet his children.
» EDUCATION
• Pepperdine University School of Law, Malibu, California - J.D. - 1977 - Law Review: Pepperdine University Law Review, Assistant Editor • UCLA (University of California, Los Angeles) - B.A. - 1974
» HONORS AND AWARDS
• One of the Top 25 Lawyers in San Diego by San Diego Metropolitan Magazine • One of San Diego’s Top Attorneys by San Diego Magazine • Recognized as a Top Attorney by SuperLawyers • Outstanding Trial Lawyer - Szkorla v. Vecchione, M.D. (Plastic Surgery - Medical Malpractice Verdict), 1990 • Outstanding Trial Lawyer - Corso v. Doublewood Contractors, Inc. (Construction site fall), 1993 • Outstanding Trial Lawyer - Howsmon v. Ricci (Medical Malpractice Verdict), 1994 • Outstanding Trial Lawyer - Campbell v. Pacific Propane (Fire and Product Liability), 1996 • Outstanding Trial Lawyer - Mercado v. Kaiser (Med. Malpractice Arbitration Award), 2004 • Trial Lawyer of the Year, 1994 • California’s Top Woman Litigators, named by Los Angeles Daily Journal, 2002 - 2008 • Daniel T. Broderick, III Memorial Award, 2007 • Top 50 Lawyers in California, named by Super Lawyers Magazine, 2008 • Fellow, International Academy of Trial Lawyers
» PROFESSIONAL ASSOCIATIONS AND MEMBERSHIPS • • • • • • • • • • • • • • • •
American Board of Trial Advocates International Academy of Trial Lawyers Consumer Attorneys of San Diego Consumer Attorneys of California San Diego Trial Lawyers Association (Consumer Attorneys of San Diego California Trial Lawyers (Consumer Attorneys of California) California Trial Lawyers Association (Consumer Attorneys of California), Board of Directors, 1988 - 1996 California Trial Lawyers Association, Secretary, 1989 - 1990 San Diego Trial Association, Board of Directors, 1988 - 1994 San Diego Trial Lawyers Association, President Elect, 1991 San Diego Trial Lawyers Association, President, 1992 - 1993 San Diego Superior Court, Pro-Tem Judge, 1995 CAOC, Medical Malpractice Committee, 1997 - 1998 ABOTA, Treasurer, 2005 ABOTA, President Elect, 2007 ABOTA, President, 2008
EXCELLENCE TRIAL LAWYERS • Business
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Attorney Journal | Volume 113, 2013
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THE DEDICATION SHOWS
In the Details
By Jennifer Hadley
WEST COAST RESOLUTION GROUP’S ATTENTION TO THE FINER POINTS OF MEDIATION MAKES ALL THE DIFFERENCE IN SETTLING DISPUTES.
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fter more than 27 years of success in mediation, the National Conflict Resolution Center launched the West Coast Resolution Group in San Diego with one goal in mind. According to Steven P. Dinkin, President of NCRC since 2003, and founder of West Coast Resolution Group in 2010, “We launched West Coast Resolution Group with one purpose: to provide exceptional mediation and dispute resolution services to the legal community.” To achieve that goal, Dinkin assembled a core group of highly respected neutrals with vast experience in litigating and resolving civil cases. The four founding neutrals included Denise Asher, Doug Barker, Jim Chodzko and John Edwards. Denise Asher is a former trial attorney and was partner with Strauss & Asher, from 1995 – 2007. Denise turned her focus to providing mediation services to the legal community in 2008 and has a reputation for integrity, professionalism, and tenacity. Doug Barker began practicing law in 1980. From 1984 through the late 1990’s, he worked as a court-appointed arbitrator, and in 1999, he began mediating. To date, Doug has mediated over 1,500 cases. Jim Chodzko spent 23 years as a civil litigator before becoming a fulltime mediator in 2000. He is well-known for his extensive knowledge and expertise which he brings to both mediation and arbitration. Similarly, John Edwards has been representing both plaintiffs and defendants in civil litigation since 1977. He began his mediation practice in 2002 and has gained a reputation for successfully working with high conflict personalities and mediating cases in which emotions run high. With decades of experience, all four of West Coast Resolution Group’s original neutrals “understand the complexities of litigation, and are skilled at resolving a wide variety of disputes including those involving employment law, personal injury, medical malpractice, real estate, business, construction, commercial disputes and many more,” says Dinkin. Now, 22
Attorney Journal | Volume 113, 2013
nearly three years after the group was founded, West Coast Resolution Group has added Rick Barton and Hon. Susan P. Finlay (Ret) as members of its elite team of neutrals. Rick Barton, a partner at Procopio, Cory, Hargreaves & Savitch, has worked in healthcare law for over 30 years and came to West Coast Resolution Group after having tried over 60 Superior Court jury trials and having presented cases before the California Court of Appeal, California Supreme Court and the 9th Circuit Court of Appeals. Hon. Susan P. Finlay (Ret.) served 32 years on the bench in family court before moving her focus to mediation in 2012. She brought her strong desire to assist families through divorce mediation and private judging to the West Coast Resolution Group team.
Perfecting the Particulars With hand-selected neutrals of the highest regard serving as the founding members of West Coast Resolution Group, it only made sense for the group to pay equally as much attention to what their clients really wanted from their mediators and their mediation provider. To that end, West Coast Resolution Group set about distinguishing itself by paying particular attention to details. From the start, clients contacting West Coast Resolution Group receive boutique-style service. Every case is assigned a case-coordinator, who administers the case from the initial phone call through resolution or post-mediation follow up by the neutrals. Kathy Purcell, West Coast Resolution Group’s primary case-coordinator, knows most of the clients so well that upon arriving at the group’s Broadway office, clients will typically find their favorite beverage and snacks waiting for them in their designated conference room. Moreover, West Coast Resolution Group works hard to provide perks that make the process more enjoyable for everyone involved. Complimentary parking and lunch, and comfortable private rooms with Internet access are niceties that help the sometimes long days of mediation become far more comfortable. According to Ashley Virtue, Director of External Relations for West Coast Resolution Group, it has always been the objective of the group to provide “simple access to exceptional service.”
JOURNAL
FEATURED PROFESTSHIOENMAOLNPTROFILE OF
Proactive Practices: Time with Clients Outside of Conflicts Indeed, for West Coast Resolution Group, it is obvious that in order to provide the personalized service clients prefer, the members of the group need to know their clients, personally. That means that it is important for West Coast Resolution Group’s neutrals and case coordinators to get to know attorneys outside of the mediation setting. West Coast Resolution Group’s strategy for accomplishing this objective is brilliant in its simplicity; they are extremely active in the legal community. “Events rarely occur in the San Diego legal community, without one of our neutrals or team members in attendance,” says Virtue. “There is no better way to learn what our clients want than to be actively involved with them outside of mediating cases.” To illustrate, the neutrals and team members of West Coast Resolution Group are actively involved in sponsoring and attending events hosted by the San Diego Defense Lawyers (SDDL), Consumer Attorneys of San Diego (CASD), Lawyers Club, American Board of Trial Lawyers (ABTL), San Diego Inns of Court, American Inns of Court, local law schools, San Diego County Bar Association (SDCBA), and more. “We are everywhere,” says Virtue. “That’s because we don’t just want your business. We are committed to being an integral
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and contributing part of the legal community.” This three-pronged approach to providing exceptional service, beginning with the expertise and experience necessary for successful mediations, through the personal touches that West Coast Resolution Group has made it a point to emphasize, to the group’s vast involvement in the legal community, has paid off for West Coast Resolution Group. “In a relatively short period of time, West Coast Resolution Group has earned a reputation for delivering top-notch services in a personalized fashion,” Virtue explains. According to President Steven Dinkin, West Coast Resolution Group is just getting started. “We will continue to add well-respected neutrals to our panel who share our vision and commitment to providing exceptional service to the legal community.” n Contact: Kathy Purcell 619.238.7282 kpurcell@westcoastresolution.com www.westcoastresolution.com 625 Broadway, Suite 1221 San Diego, CA 92101 Attorney Journal | Volume 113, 2013
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One of the best ways for attorneys to get their name out and to position themselves as experts in their field is to get published.
Write Your Way to New Business by Writing for Magazines.
By David V. Lorenzo Dave Lorenzo helps solo attorneys, large law firms and small independent law practices make a great living and live a great life. People say his down-to-earth personality reflects more of his street smarts than his Ivy-League education. He can be reached at 888.692.5531.
We live in a multitasking society. Doctors and lawyers are writers, fitness experts create vitamin supplements, and dog trainers get their own TV shows. One of the great things about being an attorney is that you’re already credentialed. You don’t have anything to prove. Use your legal credentials to your advantage and write your way to new clients. People like experts. When the chips are down and potential clients are hunting for an attorney, they want someone who seems to really know their stuff. If your name is continually referenced within your niche market, this can only lead to more exposure and more business. The bottom line is that as an attorney, you have to market not only your law firm and its services, but yourself as well. Don’t feel squeamish about this. Done the right way, marketing yourself does not diminish your reputation. On the contrary, it builds your reputation to the point where you will be turning clients away because your firm is in such high demand.
The Basics Magazines need freelance writers and they love ones that come with credentials. If you notice that many of your clients make the same mistakes, maybe not having a living will or something along those lines-something that relates to a wide audience, write about it. Again, you have legal credentials, so you are already one step ahead of the competition. You can hire another writer to do some of the leg work for you if you truly can’t find the time to do it yourself, just make sure that you follow up by putting your own personal touch on it. It needs to feel like it was written in your voice, with your unique style. As a matter for fact, you should work to develop your own personal writing style. If someone follows articles that are written in your legal field, over time, you want them to be able to tell which ones probably came from you. This can sometimes be difficult for attorneys. They’re used to writing things that are going to be read because they are critical to a legal case. Writing in a way that needs to be interesting to keep readers engaged can be a challenge. Don’t be daunted. Ask friends, family, anyone who is not a lawyer to read over your work to help you determine if it is interesting and accessible.
Getting Ideas Study articles and books written by other lawyers. The goal here is not to try to copy or repeat what they’ve done, but simply to help generate ideas. Watch the news. If there are stories or themes that keep reoccurring, ask yourself if there is a legal element that you discuss. Your writing does not need to exactly correlate with a legal case or a particular legal issue. Think of it as looking at everyday tasks through a legal lens.
Where to Publish This is where you pitch your story idea to the magazine editor and detail your plan for writing it. First, decide on which magazine you’d like to pitch your idea to. While there are numerous national magazines that accept work from freelance writers, there are also a multitude of regional magazines or trade magazines that may be good places to get your feet wet. One of the best places to start is Writer’s Digest. You can buy one in almost any major bookstore in America, or you
can get all the information online with a paid membership. Going online is often the best plan because the information is regularly updated. There you’ll find lists of thousands of magazines, some with readerships as small as 25,000. Remember that your main goal is to get clips that you can send out to clients and to others to increase your credibility.
Writing the Query Letter What editors are looking for in a query letter is evidence that you can pull off writing the article. If you need to interview someone for the article, be sure to contact them for permission before you submit your query letter. Use the query letter to outline your plan for writing the article. Before setting out to write the perfect article, know your rights. Conduct some research about copyright law. Then, when you get published, don’t keep it a secret. Let people know what you’re doing, either in your blog, monthly newsletter, or even just an individual mailing about your work. n
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A
fter all of the painstaking discovery work that goes into a case, what a win or loss really comes down to is presentation during trial. A successful presentation will prove its point through a combination of words and visuals in a manner that builds confidence and trust with the audience. Attorneys are often very well-versed in the art of language, but are not always so comfortable with the creation and use of visual aids. Visual communication can play a major role in determining how a jury interprets information.
Presentation is Key. by Lori McElroy Lori McElroy is the Creative Director of REDROMAN creative, a design studio specializing in legal communications. Lori contracts through DTI and Esquire Solutions, consulting with attorneys and paralegals throughout San Diego County to develop concise and professional corporate identities, marketing materials, newsletters, presentations, proposals, and trial exhibits. Lori McElroy, REDROMAN creative : 619.772.3335, redromancreative@gmail.com Alex Marjanovich, DTI: 619.572.9226 alexm@dtiglobal.com Bay Mitchell, Esquire Solutions: 619.517.0240 bmitchellesq@esquiresolutions.com
Studies show that over a 72 hour period, visual aids can increase viewer retention by 45%! Statistics like this make it obvious that a tool as powerful as visual aids should not be overlooked or underutilized, as it could be the key to ensuring a win. The two most common forms of presenting visually in the courtroom are traditional hard boards and digital projection, both of which have benefits and shortcomings that should be taken into consideration. Traditional hard boards are not given the credit they deserve in the technical society in which we live. Many seem to think that high tech is the way to go, but boards definitely still have their place, and probably always will. However, they do have some faults, such as the fact that can be cumbersome transporting to and maneuvering within the courtroom. They also need to be completely finalized ahead of time, because last minute edits and reproduction can be problematic. The benefits of boards when appropriately used are vast though. There are no surprises or technical mishaps to worry about. Even if boards have an interactive aspect such as flipping pages or dry erase capabilities, their performance is a known entity. In cases that are document heavy, boards are ideal for key exhibits in conjunction with a digital presentation. They remain in front of the jury box, emphasizing their points, burning them into the memory of the jurors, and are often taken into deliberation. Boards have an unspoken tangible value due to the increased use of the Internet. Technology allows anyone to post anything they want or be anyone they like, from the far reaches of the universe, with anonymity. Thus, boards are subconsciously given more validity, “It’s here, it’s real, I can touch and see it, so it’s true.” Boards also offer an interactive aspect which many disregard. They allow the attorney a reason to get up close and personal with the jury. Pivotal information can be left off and scribbled in by hand for impact and shock value, drama that typing just doesn’t achieve. It also allows for
theatrical embellishments such as waving arms, pointing and thumping to emphasize an argument. This sort of passionate execution has an immeasurable impact on jury attentiveness, retention, and the attorney-juror relationship. On the other hand, digital presentations are extremely popular. They are the premium solution for document rich cases, where not every item is a crucially important exhibit. Pretreatment and on the fly customization can be made to exhibits. For example, you can easily highlight and point out one important sentence within a text document so that the jury doesn’t lose focus because of extraneous information. Digital presentations are good for maintaining attention (especially that of younger jurors) because they are more similar to watching television or surfing the World Wide Web. The two most widely used trial software programs, Sanction and Trial Director, have wonderful tools for the organization of documents. Folders can be created for the various stages of trial, and there are several methods of searching to find specific exhibits quickly and easily. One of the most impressive benefits of using these programs is the capability to import video testimony or depositions and have the synchronized transcript scrolling right beside it. Digital presentations are absolutely sensational if done
properly, but if not, the consequences can be punishing. Creating a precise presentation magnifies the authors’ responsibilities. First and foremost, they must be completely comfortable with the software and hardware being used, or be willing to hire someone who is. A lot of practice is required in making sure the presentation is seamless and error-free. Planning and preparation for any foreseeable problem, such as bringing extra projector bulbs, is a must. The propane always runs out during your game day barbeque, not when you’re just cooking for yourself. Even with all of the rehearsal in the world, the potential for computer issues beyond your control still exists. Regardless of the presentation style that works for the attorney, or if it is a combination of the two, there are some key factors to keep in mind for success. A complicated, confusing, or poorly executed presentation can do more harm than good, as it reflects those attributes on the attorney and their client. Train with the chosen media and play to its strengths while working around its weaknesses. All presentations should be clear, simple and brief (a good rule for most things in life). “Our life is frittered away by detail . . . Simplify, simplify.” – Henry David Thoreau n
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Mark Twain famously said, “Never put off until tomorrow what you can do the day after tomorrow.” Mark was pro procrastination. But everybody I know is anti-procrastination. We beat ourselves up and judge others for not doing the things TODAY that “should” be done TODAY. It could even be said that, if you procrastinate, you’re not a righteous person, given that the word really gained its first usage as applied to those who dared to put off repenting of their sins. A little too heavy? Oh yeah, but think of how much better life would be if only we weren’t so lazy. Whoa. Wait just a minute. I don’t know about you, but I’m not lazy and I procrastinate. I’m a doer, a go-getter, an overachiever … and a procrastinator, on occasion. So, what’s that about? Sure, some people put things off simply because they’re feckless and lazy, but that’s not me and it’s not you. So, why do productive people procrastinate? It’s not about laziness or even the lack of time management skills, although those help. I can think of four basic reasons. See what you think.
Procrastinate— Who, Me?
1) Y ou’re not really mentally and emotionally ready to take on the task. It just doesn’t feel right at the moment, so you wait for “inspiration.” Sometimes putting things off when you’re not fired up makes sense, but, then again, it’s easy to use lack of inspiration as an excuse. 2) You don’t want to feel bossed around by a schedule. We resist “having” to do things, even when we’re the ones who put the job on the list in the first place! 3) The task is unpleasant. 4) We’re not exactly sure how to do something and, feeling uncertain, we decide to wait for clarity. This is the biggie in my book.
by Barbara Mencer Barbara Mencer is a peak performance strategist, professional coach and co-founder of Business BreakThrough Institute, a coaching, consulting and training company dedicated to helping lawyers grow their practices while living balanced, healthy lives. Barbara can be reached at Barbara@ BusinessBreakThroughInstitute.com.
But usually the “how to” remains as mysterious tomorrow as it was today, and so we keep pushing the thing off till we can push it off no longer, staying busy with all sorts of far less important tasks in the meantime. Gotta organize that sock drawer! And then we do the thing we’ve been putting off and almost invariably, here’s what we say when we’re done: “Oh, that wasn’t so hard … and it turned out great. I wish I had just done it, rather than worrying about it” … for days or weeks or months … or years. I’ve just had this very experience around writing a new speech. I’m really excited about the subject … peak performance lifestyle. I’ve created a new coaching program around it, and yet, I hadn’t written a thing, despite scheduling blocks of time to work on it. Talk about an energy drain, but then I did finally sit down and create a big chunk of it. And you know what? It’s good and I had
fun. Funny how the actual experience is never as bad as you fear it’ll be. Go figure. So, why couldn’t I do what I wanted and needed to do? Well, when you’re not sure of exactly where you’re heading with something and you don’t want to screw it up, it’s a little like walking into a dark room in search of an object and not wanting to trip over anything. How are you going to proceed? Carefully, or better yet, not at all. I believe procrastination is your subconscious self ’s way of protecting you, of keeping you safe. It doesn’t want you to trip over something in the dark and hurt yourself, metaphorically speaking, so it encourages you to put the search off till later. That’s the part of your brain that seeks safety and security above all else, and you have to respect and honor that intention. We say, “Nothing ventured, nothing gained,” and that’s true, but the members of your internal board of directors who are in charge of survival see it a different way. Nothing ventured … nothing risked … nothing lost. So what do you do? Don’t beat yourself up. Free yourself up. How? By acknowledging your reluctant “board members” and reassuring them that this is not an unsafe activity. And then, by just diving in, knowing at a conscious level that things will turn out fine even if you don’t know how they will exactly.
Diving in. Hmmm. How exactly do you do that? Well, there are numerous books on the subject and one of my favorites is Eat that Frog!: 21 Great Ways to Stop Procrastinating and Get More Done in Less Time by success expert, Brian Tracy. According to Brian, if you have a frog—an important, daunting task or chore that you’re procrastinating on—the best way to tackle it is to eat it first thing in the morning, before you get caught up in other projects or tasks. If you have numerous frogs to tackle, eat the ugliest one first, then the next ugliest, and so on. Once you’ve eaten your frog, you’ll feel empowered, energized and more productive, and it’ll be easier to tackle the next frog on your list. With this concept of eating the ugliest frog first, Brian goes on to share 21 principles he’s learned from his years of studying time management. These principles include getting clarity on what you want to accomplish, listing each and every task that must be accomplished, and prioritizing in such a way that your frogs are eaten first. Brian believes that once you get into the habit of doing the most difficult task first, you’ll double your productivity in less than a month. Just think of the possibilities if we were to implement Brian’s “how to” ideas while addressing the subconscious and emotional elements that are also at play. We’d have a very good chance of breaking the cycle of procrastination once and for all. n
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