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Volume 121, 2013 • $6.95
What’s the Best Website Design for Lawyers?
Alexis Neely
Seven Practical Suggestions to Get the Most Out of Technology Assisted Review
Jon Lavinder
The Biggest Reason Attorneys Are Not Converting More Law Firm Clients
Cindy Greenway The Tipping Point for Lawyers
Cordell Parvin In Marketing for Lawyers, “Free” is Bad
David Lorenzo NOW is the Time to Reach Out!
Martha Newman PROFESSIONAL PROFILES
John Fiske Rising Star of the Month
Hughes Marino Robert Ounjian
Steven H. Kruis, Esq.
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2013 EDITION—NO.121
TABLE OF CONTENTS features 6 The Biggest Reason Attorneys Are Not Converting More Law Firm Clients by Cindy Greenway
8 NOW is the Time to Reach Out! Here are Five TIME-TESTED and EFFECTIVE Ways to Make Reaching Out to Past Clients a Lot More Comfortable. by Martha Newman
PROFESSIONAL PROFILE
EXECUTIVE PUBLISHER Brian Topor
10 Robert Ounjian by Jennifer Hadley
EDITOR Nancy Deyo
12 COMMUNITYnews
CREATIVE SERVICES Skidmutro Creative + Layout
15 In Marketing for Lawyers, “Free” is Bad
CIRCULATION Angela Watson PHOTOGRAPHY Bronson Pate Vinit Satyavrata STAFF WRITERS Jennifer Hadley Bridget Brookman Karen Gorden CONTRIBUTING EDITORIALISTS Cindy Greenway Alexis Neely Cordell Parvin David Lorenzo Jon Lavinder Martha Newman Christopher Walton Steven Kruis 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.
10
by David Lorenzo RISING STAR OF THE MONTH
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16 John Fiske by Karen Gorden
PROFESSIONAL PROFILE
22 Hughes Marino by Jennifer Hadley
24 What’s the Best Website Design for Lawyers? by Alexis Neely
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26 The Tipping Point for Lawyers Your Success in Client Development Will Be More Likely if You Know What Will Work Best for You. by Cordell Parvin
28 7 Practical Suggestions to Get the Most Out of Technology-Assisted Review by Jon Lavinder
Editorial material appears in Attorney Journal as an informational service for readers. Article contents are the opinions of the authors and not necessarily those of Attorney Journal. Attorney Journal makes every effort to publish credible, responsible advertisements. Inclusion of product advertisements or announcements does not imply endorsement. Attorney Journal is a trademark of Sticky Media, LLC. Not affiliated with any other trade publication or association. Copyright 2013 by Sticky Media, LLC. All rights reserved. Contents may not be reproduced without written permission from Sticky Media, LLC. Printed in the USA
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Biggest Reason The
Cindy Greenway
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Attorneys Are Not Converting More Law Firm Clients
hat’s the biggest reason you’re not turning more prospects into law firm clients? Your lack of follow-up. I’m sure this is no surprise—every lawyer knows the importance of follow-up. In fact, your law firm marketing plan may even include a strong, detailed follow-up plan. But the truth is most attorneys avoid follow up; they don’t make time to implement and manage follow-up strategies and therefore lose clients to their competition who do make follow-up a priority. Just the other day, I was speaking with someone who was trying to remember the name of an attorney they had met several years ago. They couldn’t recall the lawyer’s name, location of the law office or any other details. As a result, this person was looking to hire a new lawyer to help them. If only 6
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the first attorney had followed up ... Rebecca Wilson, managing director of Stretch Marketing, posted an article on MarketingProfs.com earlier this week that outlines six questions and five tips to help you make follow-up a priority in your law marketing plan. Many of the questions included in the article are ones you’ve likely asked yourself or others in your law firm when considering your own follow-up strategies. I encourage you to read through this article, meet with your firm staff and make a point of assigning responsibility to members of your team to ensure your follow-up plan is implemented and managed as effectively as possible. Track your results ... you may be surprised at how many prospects do turn into clients (even after months and years) because of your follow-up activities.
…most attorneys avoid follow-up; they don’t make time to implement and manage follow-up strategies and therefore lose clients to their competition… 1. What makes follow-up (in)effective? The success or failure of your follow-up relies very much on how you go about it. If you follow up reluctantly, avoid it altogether, or lack sincerity when you do follow up, people can sense it and will treat you accordingly. Whereas, when you follow up consistently, with confidence, respect, and a keen, honest desire to build an ongoing relationship with your target, people can tell... and they are often appreciative.
2. Who should I follow up with? You should follow up with people who can say yes to you, or people who can direct you to people who can say yes to you. The list includes all the people in your target market with whom you have had previous contact (at an event or in a network, or because someone initiated an conversation). To define your target market, ask yourself, Who are the people who are best positioned to say “YES” to me?
3. How often should I follow up? Regularly. Following up is an ideal way to demonstrate the organized and high quality way you would work with a client after engagement. We have a basic rule of thumb: All new contacts should have a second contact within three days of meeting them. After that, it depends how important they are to your business. You might follow up a cool prospect every second or third month, a warm prospect every month, and a hot prospect every week or two weeks. Remember, the way you behave before the sale is usually a solid example of how you will behave after the sale. If you let contacts slip away, without follow-up, you probably didn’t deserve to win their work anyway.
4. What are the best ways to follow up? The way you follow up usually depends on how you made initial contact with your target. You can mix up the use of tactics, including the telephone, Linkedin, posted mail, invitation to an event, or even referring something that will generate goodwill. Some communications,
like newsletters or publications, can be corporate and generic, but others should be personal and engaging. If you invite someone somewhere and you want them to come, ALWAYS phone or invite them in person.
5. What can you say when you call or contact for follow-up? One of my clients once said to me, “We only hear from Chris when he is looking for some work. He never calls us to share an idea or ask a question… He only calls when he wants something.” It is easy to become known as this kind of person if you call people only to ask about selling your services. Instead, you could try adding value to your contacts by providing helpful advice, supportive information, or an ear for their challenges or opportunities rather than just sell, sell, sell. How often do you call up your contacts and just check or ask how they are going? It is a good habit to get into so your clients don’t think you call only when you want something.
6. How do you know when to stop following up with someone? You can consider the potential size of the opportunity that lies in front of the target and value your follow-up around it. If it is a large, important, and prominent prospect for your business, don’t stop following it up until it is gone; just keep on following up indefinitely. If the opportunity is small, spend a small amount of time following up.
7. How do you track your follow-up? Good professional services businesses and their consultants record their pipeline in a CRM system. Such systems trigger important milestone dates for follow-up, and allow you to track the success of your efforts. Or you can keep a simple list on your desktop in a spreadsheet and check back against it weekly. Cindy Greenway specializes in training Paralegals and Virtual Assistants to support lawyers in business growth and revenue generation. She also assists lawyers with identifying and finding the perfect team members for their business.
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NOW is the Time to Reach Out! by Martha Newman
Martha M. Newman is a professional attorney coach who guides lawyers through business development, career advancement, and transitions. She is also the author of Top Lawyer Coach, a dynamic website devoted to lawyer marketing, networking, and professional practices.
W
hen was the last time you picked up the phone and called someone with whom you’ve lost touch? Chances are it’s been months, even years, since you’ve reconnected with a long lost client or colleague. Making that first call after a long hiatus isn’t easy. As an attorney coach, I tell clients that key is to really think about how to start the conversation. Here are five TIME-TESTED and EFFECTIVE ways to make reaching out a lot more comfortable.
1. Make the call. Simply pick up the phone and call the client you’ve been thinking about. Say, “I was thinking about you and wondered how you’re doing.” It’s that easy! Then, let your client answer. Don’t fill the silence! Nearly everyone who receives this kind of call will be flattered. Your goal should be to make three calls like this each week. Imagine the networker you’ll be!
3. Make a point to add value. Think about making an introduction or, perhaps, even a referral. Ask yourself... “Whom can I introduce my clients to who might be able to help them?” Once you’ve thought of someone, pick up the phone with the purpose of gauging your client’s interest in meeting the person you have in mind.
4. Call before an upcoming talk or industry event. If you’re giving an upcoming talk, make that the pretext for calling dormant clients. Not only can you invite them to your talk, but you can also ask for their ideas on what they’d most like to hear on the topic. You may also suggest meeting for breakfast or lunch on the day of the event. Even if clients tell you they cannot attend, you still have the perfect excuse to reconnect by telephone.
2. Pass along information.
5. Visit clients at work.
Look for articles about the company your client works for and pass them along. You could say, “I saw this article in the newspaper and wondered how you’re doing.” You could even search the Internet for information on your client or their company, then pick up the phone after finding something interesting.
In lieu of a phone call, pop in for a visit! Request a tour of your client’s operation, really get the lay of the land. Clients will be flattered that you have taken an interest in their work. Some rainmakers swear that in-person visits are their best marketing tool. Take the time to review these points the next time you’re uncomfortable about reconnecting with a long lost client. But always MAKE THE CALL! You’ll likely make their day.
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Attorney Journal | Volume 121, 2013
Committed to Helping Victims of Elder Abuse and Personal Injury Receive the Justice and Compensation They Deserve • Nursing Home Abuse and Neglect • Financial Elder Abuse • Personal Injury Generous Referral Fees Paid Per State Bar Rules
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Attorney Journal | Volume 121, 2013
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JOURNAL
FEATURED PROFESTSHIOENMAOLNPTROFILE OF
2013
H
The Philosophy of
RESOLUTION
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ith plans to follow his father’s footsteps into a career of finance, Robert Ounjian, Partner with Carpenter, Zuckerman, Rowley, LLP (CZR), had decided to major in economics when he took his first philosophy course at the University of California, Irvine. That course, plus a tragic life experience, had him hooked. Questions such as “what does it all mean?” began to occupy a great deal of his time, and in no time, he changed his major. The love of wisdom, as philosophy is loosely translated, merged with law in one of Ounjian’s classes, and he recognized that the creative thinking and application of sound arguments that are mandatory in both logic and law were firmly in his wheelhouse. “I think that those who love to study philosophy tend to be very passionate, and tend to argue from the heart,” he says. “You learn how to apply critical thinking to be creative with arguments,” he adds. He subsequently entered law school at Southwestern, and admittedly “became one of those students who are on campus studying from 7am until 11pm.” He became active in Southwestern School of Law’s Moot Court Honors Program, and graduated with his J.D. in May of 2000.
Pursuit Of Knowledge & Wisdom Ounjian started his career in the medical malpractice defense firm of Bonne, Bridges, Mueller, O’Keefe & Nichols in Los Angeles, where he was mentored by N. Denise Taylor. “I 10
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By Jennifer Hadley
received four years of incredible training,” Ounjian says. “I did nothing but medical malpractice defense, and it was a terrific learning experience working with Denise.” However, his passions began to shift during his time at the firm, and he realized that he wanted to start using his skills to help others on a more personal level. “I realized that I did not want to do insurance defense. I wanted to help injured people,” he says. The opportunity arose for Ounjian to transfer into plaintiff litigation in 2004, when he accepted a position at the Law Offices of Carl. A McMahan. “Carl had 25 years of experience in medical malpractice and as a skilled trial lawyer,” Ounjian says. Moreover, working with McMahan provided the opportunity for Ounjian to carve out a highly specialized niche in the medical malpractice arena. “95% of my work was in birth injuries. We did a lot of work with brain damaged babies, and shoulder dystocia. I was traveling up and down California for weeks at a time on cases,” he recalls. After five years of plaintiffs, work for birth injury cases, Ounjian and McMahan worked a case that would ultimately prompt Ounjian to broaden his scope of practice. “It was a dangerous condition or roadway case, that involved a 12 year old quadriplegic girl,” Ounjian says. “The case was very different from what I was used to working on, and it made me want to broaden my horizons to include catastrophic personal injury cases,” he adds.
Personal Philosophy of Law In 2009, after nearly a decade of practice, Ounjian had finessed his own philosophy of law. Culling from his experience on the defense side of medical malpractice and his developed expertise in plaintiff’s work, he had a three-pronged philosophy for how to be the most effective attorney possible for his clients. “There is no substitute for being over-prepared and highly competent,” Ounjian says of his willingness to work tireless hours to prepare for his cases. Likewise, his willingness and, in fact, commitment to “having integrity and honesty with the defense counsel” has served him and his clients extraordinarily well. “I don’t believe in pulling tricks. I am upfront and honest. I’ve learned in my work as both a plaintiff’s attorney and a defense attorney that your reputation means a lot. I believe in having very frank conversations with opposing counsel,” he adds. These two philosophies lend themselves to what is the crux of Ounjian’s legal philosophy. “I try to identify the straightest and most direct path to resolution,” he says of minimizing distractions. “Filing countless motions
“
20 hours a day preparing for trial. The case was in San Luis Obispo, where there hadn’t been a plaintiff’s medical malpractice verdict in nearly 20 years,” he says. The birth injury medical malpractice case was a perfect case for Ounjian to try alongside CZR partner Nick Rowley. The three year old victim in the case had suffered oxygen deprivation before and after delivery, causing her to suffer permanent brain damage and cerebral palsy. When the verdict came back, it was for an astounding $74.525 million. “That was the most personally and professionally gratifying case of my career. That type of result makes everything worth it. We have set this little girl up to be as comfortable as possible for her life,” he says.
Partner Perspective With that case and countless other successes under his belt, which he credits directly to the team at CZR who are “not afraid to shy away from hard work, who will work 24 hours a day, and who will creatively prosecute these cases,” it’s not surprising that Ounjian was made partner in March 2013.
I try to identify the straightest and most direct path to resolution. only distracts from the end goal, which is to get the best resolution for my clients. I don’t engage in those actions which are not absolutely necessary,” he adds. Ounjian’s personal philosophy was attractive to Carpenter, Zuckerman & Rowley, LLP, who extended an offer to him to join their firm in 2009. The firm didn’t have a big medical malpractice practice area at the time, and Ounjian recognized that he was being given a tremendous opportunity to bring those cases, and specifically birth injury cases, to the firm. But, he would also get the opportunity to continue broadening his horizons by working on a wider variety of general liability cases, including auto and premises liability. Indeed, the opportunity for growth offered by CZR appealed to Ounjian immensely. “This firm is incredible. There are all the opportunities in the world, if you get through, and prove your merit. I started small, and they threw the kitchen sink at me to see if I would survive,” he recalls.
Ounjian did more than just survive. In 2012, three years after joining CZR, as second chair in Sofia Blunt, et al. v. Haupt, MD, et al., Ounjian spent “the best 7 weeks of my career. We got the case in February of 2012, with trial beginning in March 2012. I worked 15, sometimes
”
Suffice to say, Ounjian’s progress to partner of Carpenter, Zuckerman & Rowley, LLP in just four years is quite an accomplishment. But for Ounjian, what’s even more exciting lies not in the past, but in the future. “I’m looking forward helping to grow, develop and foster the momentum we have as a plaintiff’s personal injury firm. I’m also looking forward to growing the firm’s medical malpractice group. And of course, Ounjian says, “I’m excited to help more people, and I’ll do as many trials as necessary to get cases resolved for clients. Their interests, ahead of mine, come first,” he says. “Resolution is the goal.” n
Contact: Robert Ounjian Carpenter, Zuckerman & Rowley, LLP 750 B Street, Suite #3300 San Diego, CA 92101 www.czrlaw.com robert@czrlaw.com Phone: 619-814-9000
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COMMUNITY news nBoyd Contreras, APC is pleased to welcome Nicole E. Negron to the San Diego Family Law Division of the firm. Ms. Negron brings valuable experience in family law matters involving: dissolution and legal separation proceedings, child custody and visitation, child support, spousal support, paternity and marital settlement agreements. Ms. Negron is a member of the NICOLE E. NEGRON State Bar of California, the San Diego County Bar Association, including the Family Law Section and New Lawyers Division, and the United States District Court for the Southern District of California. Ms. Negron earned her Juris Doctorate from California Western School of Law, where she was the President of the Student Bar Association. During law school, she also volunteered her time with the Alternate Public Defender in the juvenile dependency department. Prior to joining Boyd Contreras APC, Ms. Negron was a Managing Associate at a family law firm in Mission Valley, CA.
nFish & Richardson has won an appellate decision in a patent infringement case for Fresenius USA, Inc. and Fresenius Medical Care Holdings, Inc. against Baxter International and Baxter Healthcare Corporation regarding a patent for a hemodialysis machine. The U.S. Court of Appeals for the Federal JUANITA BROOKS Circuit, in a July 2, 2013 decision, held that federal trial and appellate courts are required by statute to dismiss pending patent cases if the U.S. Patent and Trademark Office (PTO) has cancelled the asserted claims through reexamination. Fish’s patent, trial and appellate practices enabled an integrated team of attorneys to seamlessly handle the case from trial through appeal and to initiate the parallel PTO proceedings. The Fish trial team representing Fresenius included Juanita Brooks, Michael Florey and Thomas Melsheimer; the Fish appellate team included Juanita Brooks, Michael Florey and John Dragseth. John Phillips filed the request for reexamination.
nFisher & Phillips LLP announced that it has developed a Smartphone and Tablet app that allows employers to calculate certain FMLA leaves of absence. The FMLA is a complicated law and FMLA leave calculations can be challenging for employers. This new app is a free tool provided to DAVID MONKS anyone to help them with basic FMLA leave requests. The app offers a user-friendly interface and works very simply, utilizing the rolling 12-month method measured backwards from the date of any FMLA leave. The Fisher & Phillips FMLA Leave app can be downloaded at the Apple App Store or Google Play. On the Apple App Store or Google Play, search for “Fisher & Phillips.” Fisher & Phillips attorneys and marketing professionals worked with developers at Saturno Design to create the new app.
nKilpatrick Townsend & Stockton announced that Ken Jenkins, Managing Partner of Kilpatrick Townsend’s San Diego office, was selected as a 2013 San Diego Super Lawyer. Dr. Jenkins was selected for Intellectual Property Law. Dr. Jenkins’ practice focuses KEN JENKINS on patent counseling and patent litigation, primarily in the health and life sciences and the oil and gas-petrochemicals industries. He routinely counsels biotechnology and pharmaceutical companies of all sizes in developing their patent claiming and filing strategies, procuring patents on cornerstone technologies, and strategically managing patent portfolios to maximize investments. Dr. Jenkins also counsels lenders and investors in assessing the value of patent assets through due diligence reviews, including validity analyses, freedom to operate analyses, and in-licensed technology investigations. In addition to patent counseling, he represents pharmaceutical companies in high-stakes patent litigations involving challenges under the Hatch-Waxman Act.
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COMMUNITY news nLatham & Watkins LLP is representing Conatus Pharmaceuticals in its initial public offering. Conatus Pharmaceuticals Inc., a California-based biotechnology company, is focused on the development and commercialization of novel medicines to treat liver disease. Latham & Watkins LLP is advising Conatus in the offering with CHESTON LARSON an attorney team led from the firm’s San Diego office by partner Cheston Larson with associates Matthew Bush and Christopher Geissinger. Advice has also been provided on intellectual property matters by partner Steven Chinowsky and associate Karmen Parhar in San Diego; on regulatory matters by partner Ben Haas and associate Elizabeth Richards in Washington, D.C.; on tax matters by partner Laurence Stein in Los Angeles; and on employee benefits matters by counsel Holly Bauer in San Diego and Michelle Khoury in Los Angeles. n John Morrell, managing partner at Higgs Fletcher & Mack, a San Diego law firm since 1939, was named one of 20 “Men Who Make a Difference” by San Diego Metro Magazine. Morrell was selected based on his exceptional firm management that resulted in unprecedented growth, as JOHN MORRELL well as the significant contributions he has made in the community. Under Morrell’s leadership, Higgs Fletcher & Mack hired 23 attorneys in the last two years, seven of whom are females, and even through the economic downturn, the company has not had any professional layoffs since he became Chairman in 1997. Morrell has also taken a strategic approach to practice group expansion to now include Immigration & Nationality, Environmental Law, and Hotels, Restaurant & Tourism, which includes the fast-growing area of craft brewing. Through the firm, Morrell has spearheaded an initiative to match every staff contribution to the United Way dollar for dollar. He also has overseen their annual Diversity Scholarship program, an annual $10,000 grant to a minority or female law student enrolled at USD Law School, and this year has expanded its diversity giving to include California Western School of Law.
Have a Press Release you would like to submit for our Community News? Email it to PR@AttorneyJournal.us
nThe San Diego-based law firm of Seltzer Caplan McMahon Vitek has announced it has acquired The Trademark Group, a La Jolla-based law firm specializing in trademark protection and enforcement. Marnie Barnhorst, The Trademark Group founding attorney, joins SCMV as Of Counsel. Since its inception in 1997, The Trademark Group JOHN ALSPAUGH has built a highly regarded law practice, having handled nearly 10,000 domestic and international trademarks and executing thousands of trademark searches. “The addition of The Trademark Group to our firm reflects our continuing growth and commitment to providing the most effective and comprehensive legal services,” states John Alspaugh, a SCMV partner and leader of the firm’s intellectual property team. “We look forward to working with Marnie and ensuring a seamless transition for her clients.” The expanded practice will focus on trademark clearance, registration, and enforcement on a worldwide basis. The Trademark Group has relationships with foreign attorneys who assist with foreign filings in more than 120 countries, enabling SCMV to expand its existing trademark practice with additional strength in international trademark law.
GEORGE MILLER
nShustak & Partners is proud to announce that George C. Miller was recently named as a Semi-Finalist for the San Diego Daily Transcript’s “Top Attorneys 2013” publication in the Corporate Litigation category. Through its “Top Attorneys” publication, The Transcript conducts a peer voting process to determine the best lawyers in private, corporate, academic and government practice in
San Diego County. George’s practice focuses primarily on securities arbitrations, business and corporate litigation, employment litigation, contractual and real property disputes and judgment collection proceedings. George routinely appears before California state and federal courts and the Financial Industry Regulatory Authority (FINRA) Arbitration Division in litigations and arbitrations and has substantial trial experience. Mr. Miller was also recently named a 2013 “Rising Star” by International-Referral, one of the world’s largest exclusive networks of professional services organizations. The award recognizes the highest quality attorneys at both domestic and international law firms who represent the future of the international legal community.
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M
ost attorneys think offering a free consultation is mandatory. Free consultations are no bargain. Not for the lawyer and not for the client. Here’s why: A Free Consultation Immediately Positions You Poorly People believe they get what they pay for. Affluent people and business owners keep this idea present in their minds at all times. Most people have this permanently ingrained in their psyche. Charging nothing means you are worth nothing. You Welcome Shoppers There are a handful of people out there who would shop for a bargain in parachute repair. If you want to meet with all of these people, do not charge for a consultation. Free consultations welcome shoppers to your law firm. You can be certain that if you do not charge people for an initial consultation, people will meet with you just to get a number out of you. You Devalue Your Time What is your time worth? If you charge nothing, it is worth nothing. Not to you and not to your client. It is that simple.
In Marketing for Lawyers “Free” is Bad by David 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.
The Quality of Your Clients/Matters Decreases If you want crappy matters, a free consultation is definitely the way to go. Money tends to be an indication of how seriously someone is taking an issue. If you are willing to spend $250 on something, are you more likely to pay attention to the outcome? You Take on Liability with No Upside In a free consultation, you will often dispense advice. When you do, you expose yourself to liability. If the person sitting across from you implements your advice and things go badly, they will find you. You do this with no compensation in return. One of the arguments I hear all the time is: “It is customary in my practice area to offer free consultations. Everyone does it.” Following a majority does not always mean you are acting in your own best interest. In fact, it probably means you are doing what the average industry professional will do. Do you want to be average? This decision should be easy. When someone comes to your office to discuss a legal matter, they should pay you something. That is one of the reasons you do what you do. This is a business as well as a profession. Treat it like a business. n
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FROM HUNDREDS TO
THOUSANDS By Karen Gorden
“I am continually humbled by what it takes to be a good attorney,” says John Fiske, Senior Trial Attorney with Gomez Iagmin Trial Attorneys. Indeed, Fiske, who recently joined the firm in its Mass Torts division, makes no bones about the fact that he works harder than ever before, giving up much of his personal life. However, he wouldn’t have it any other way. “I have never regretted a single day in which I’ve worked hard,” he says. “Apparently, the trick is balance, but I have little to none of that, so I just keep charging hard. My best attempt at balance is by riding horses once or twice a week. It helps me focus my energy,” he adds.
Unbridled Energy Fiske’s decision to pursue a career as an attorney was a bit impulsive, he admits. However, his “last minute decision,” came about as the result of a suggestion from someone influential, to say the least. “I was interning in Washington D.C. Former CIA director and U.S. Defense Secretary Leon Panetta was speaking to a group of interns. He told us that going to law school would be helpful, no matter what career we decided to pursue,” Fiske recalls. “I loved American history and had planned to be a history professor, but then decided, why not?” Fiske immediately signed up to take an LSAT prep course, and in fact took the LSAT at Georgetown University. Fiske’s natural inclination to seize the reins of his passion was evident from the get-go. In just 5½ years, he’d graduated with both an undergraduate degree from SDSU and a law degree from California Western, after earning a full ride scholarship. Simultaneously, he served as Associate Editor of the Law Review, and at the tender age of 23, he became 16
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John Fiske transitions from helping single victims to thousands of victims as Senior Trial Attorney for the Gomez Iagmin Trial Attorneys Mass Torts Division. a licensed attorney in California. “For me, it’s never been about not having enough energy. It’s about trying to control and focus the energy I do have,” he jokes. Fiske counts himself very lucky to have received strong mentorship in his first few years as an attorney. “John Ross Wertz was a particularly important mentor. I was very young to be working in litigation,” he says. Yet, he loved the work, and didn’t mind the long hours, and by 2010 was given an opportunity that would prove a pivotal moment in his career. “I was at the Wertz firm when I had the opportunity to try a case as second chair with John Gomez. Fiske recalls. “It was a brain injury case against Pizza Hut which resulted in a $10.8 million verdict for our clients,” he says. “It was a pivotal case in my career. I got to work with the best of the best attorneys.” Whereas some young attorneys may feel intimidated trying such a large scale case, amidst some of the biggest names in the San Diego legal community, Fiske, who was still in his mid-20’s when he worked on the Pizza Hut case, didn’t feel intimated in the least. When it came to working with Gomez on the
RISING STAR
OF THE MONTH
2013
Pizza Hut case, instead of feeling intimated by the high stakes and experienced trial lawyers, Fiske felt comfortable and valued because Gomez mentored him. “John just isn’t an intimidating guy- when you’re on his side,” Fiske says. “He made my ideas feel heard, he listened to what I had to say.” Moreover, “obviously I wasn’t intimidated by the defense, because I had John on my side,” he chuckles.
Everyone Is A Friend “My parents raised me to see everyone as a friend,” he says. Furthermore, “I was taught to treat everyone as a friend. Going through life angry is no way to live. There are people who honestly don’t like other people. That’s not me. I like people, and I surround myself with good people. If you take the time to invest in others, you’ll build true long lasting relationships.” By way of example, Fiske refers to a pro bono case he took on several years ago. “It was a burn and brain injury case. We obtained a $13.5 million judgment for our client. Unfortunately, there really wasn’t anyone to collect it from. We paid for the litigation, and paid for the process.” The fact that the money ultimately could not be collected was unfortunate, but Fiske was honored to work on the case. “This may not have been justice, but it at least gave the family the feeling that someone in the world cared about what had happened to them. At least it was a symbol of justice,” he says. The philosophy of treating everyone as a friend is still Fiske’s M.O. “When I apply this to my practice, that means that I treat my clients as friends, and I treat opposing counsel as friends. You can treat people as friends, and be an effective attorney at the same time. It does not mean that you give an inch, or even a centimeter, if it’s not good for your client,” he adds.
From Rookie To Pro After 5 ½ years working alongside John Ross Wertz, Fiske was ready to go on his own. He had earned a well-deserved reputation for being a tireless worker, and along the way, the local media began to take notice of his talent in personal injury work. In 2007, he was named one of 50 People to Watch by San Diego Magazine, and by 2009 had earned the accolade of Top Young Attorney by the Daily Transcript. In 2011, Fiske launched his own personal injury firm with partner, Su Barry, who Fiske says “was an amazing partner and friend.” In 2012, The Daily Transcript named Fiske a “Top Influential.” In 2013, Fiske is being recognized as one of San Diego’s Top 40 under 40 by SD Metro Magazine. It is precisely the scientific nature of personal injury work that keeps Fiske so fascinated and thus driven to work so hard. “I dive into the causation for each and every case. In products liability, I prove the device was defective and my client was injured as a result. The same is true for drug companies. Learning how a drug or device affects the body is extremely interesting,” Fiske says. Additionally, his cases illuminate Fiske’s fierce sense of justice and belief that we should all treat one another as friends. “These companies are making billions of dollars at
Fiske rides a fast lope with Duke around River Valley Ranch.
the expense of unsuspecting patients, who are often the most vulnerable members of our community. It’s not right,” he says. To that end, Fiske is proud of his role in exposing why some products, drugs, and devices are harmful. The experience of running his own personal injury firm allowed Fiske the opportunity to not only add to the growing list of clients he’d helped over the years, but also proved to be a learning experience in terms of what it takes to manage a law firm. “It was a great experience,” he says. However, he’s self-deprecating when admitting “I have a bit of an OCD streak. I like everything to be linear and algebraic. So when it comes to balancing accounts or managing clients, I like everything to be crystal clear and silky smooth,” he adds. Although he was enjoying his personal injury work, and was grateful for the opportunity to see first-hand just what it takes to manage a firm, in 2013, an opportunity was about to present itself that Fiske just could not pass up. Gomez Iagmin offered him a position as Senior Trial Attorney in their Mass Torts division. “I was in the right place at the right time for an incredible opportunity to present itself to me. I really couldn’t pass it up. The case that I’d worked on in 2009-2010 had allowed me to work with such outstanding attorneys who were also outstanding people. I saw an opportunity to help the best firm in town,” he says. “I knew I couldn’t pass up working with John and Jim,” he says, referring to Jim Iagmin, managing partner. Fiske credits Jim with mentoring him and the entire office simultaneously.
A Move To Help More Fiske knew enough about the team environment at Gomez Iagmin Trial Attorneys to know that accepting the move to the firm’s Mass Torts division would likely be everything he’d ever wanted. “I knew there was true enthusiasm in the firm, and there were a lot of fearless people working here,” he says. But the team effort at the firm has even exceeded his initial expectations. “In the Mass Torts division, there are four attorneys, three paralegals and a law clerk specifically interested in Mass Torts. That means that there is a team of 8 individuals who focus their attention to the cases. Each person is absolutely crucial to our team. If we removed just one of our pieces, we would not be able to give the service that we give to our clients,” he says. It is precisely the level of personalized service that the firm gives to every claimant that makes Fiske so happy about working on these cases. “We provide one on one service. I give all our clients my cell phone number. They can call me with any questions anytime,” he says. “When you look at the amount of injury suffered in a single personal injury case, and you multiply it to see the scale of harm done to hundreds or thousands of people by faulty products, there is something humbling about the responsibility of representing such a large group,” Fiske says. However, that makes his work even more meaningful. “Working as a lawyer in Mass Torts allows me to help so many people at one time. It’s an honor.” Attorney Journal | Volume 121, 2013
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Today, Fiske is working harder than ever. “I haven’t slowed down in years,” he says. But lest anyone think he’s complaining, he adds “and it has been a great pleasure.” Yet, he admits that his professional devotion has come with some severe personal sacrifices. “I started law school when I was 20, and I haven’t stopped moving since. Now, I travel a lot for work. I spend a tremendous amount of time working. People ask me how many hours I work, and I say ‘all the time… we all do.’ Our firm is filled with highly motivated and enthusiastic people,” he says. In fact, he admits a bit sheepishly, that “I live alone. I don’t even own a houseplant. If I need to fly to New York in a moment’s notice for a case, I can without any worries.” But he is sincere when he says that he honestly wouldn’t have it any other way. “My clients are truly a top priority.” Of course, even a young lawyer as energetic as Fiske needs to recharge his batteries every once in a while, and he’s found the way to do that through charitable work, and connecting with nature. Fiske is President of the Board of Directors of the San Diego Brain Injury Foundation, an Advisory Board Member for UCSD’s Bannister Family House, a Board Member of Solutions: Exploring Success Post-High School and a Red Coat for the San Diego Bowl Game Association. Fiske is also a Big Brother to Sebastian, and serves as a Barrister with the Louis M. Welsh Inn of Court. As far as his intentional decision to connect with nature, in his spare time, John tests his horseback riding skills in the Western Reining discipline. “I ride at the River Valley Ranch in the Tijuana River Valley –stateside. Reining trainer Mark Arballo pushes me hard and the ride becomes a workout and a personal challenge. It takes time to understand the horses. The horses respond to a confident, kind, instructive and direct rider,” traits which he recognizes are also vital to being a good attorney. Moreover, the riding “requires absolute focus. When you’re riding as fast and as hard as you can, and you hit a sliding stop, the only thing you’re focused on is making that stop. It’s incredibly meditative. There is nothing else on my mind, and I get to clear my head.” For now, and the foreseeable future, connecting with the horses and connecting with nature is how John recharges his batteries. He has no intention of slowing down. In fact, John and Jim have inspired him further. “Where do I see myself in five years? Trying mass tort cases alongside John Gomez and riding every week.” n Contact: John Fiske GOMEZ IAGMIN TRIAL ATTORNEYS 655 West Broadway, Suite 1700 San Diego, CA 92101 619.237.3490 / fax 619.237.3496 JFiske@GomezIagmin.com www.GomezIagmin.com 20
Attorney Journal | Volume 121, 2013
EXPERIENCE
Work Hard Play Hard
»» EDUCATION
• J.D.- California Western - Full Ride Trustee Scholarship - Highest single grade in Torts - Highest single grade in Products Liability - Law Review • B.A. Political Science (Philosophy minor) - Phi Beta Kappa - Pi Sigma Alpha
»» AWARDS
• 2013 Top 40 Under 40- SD Metro Magazine • 2012 Top Influential- San Diego Daily Transcript • 2009 Top Young Attorney – San Diego Daily Transcript • 2007 50 People to Watch – San Diego Magazine
»» COMMUNITY INVOLVEMENT
• President of the Board of Directors- San Diego Brain Injury Foundation • Advisory Board Member- Bannister Family House at UC San Diego Health System • Board Member- Solutions: Exploring Success PostHigh School • Red Coat Committee Member – San Diego Bowl Game Association • Big Brother – BBBS of San Diego County
»» LEGAL ANALYST
• Appearing on Fox 5, KPBS, KGTV, KUSI, and UT-TV
»» NOTABLE JUDGMENTS
• $10.8 million for brain and spinal injuries • $13.5 million for brain and burn injuries
Miller & James, LLP Attorneys at Law
David D. Miller
David has over 35 years of experience, primarily representing plaintiffs in the areas of civil litigation and medical malpractice. He is a board-certified civil trial specialist through the National Board of Trial Advocacy and has served as a faculty instructor for that organization. Super Lawyers has recognized David in their annual publication of top attorneys in San Diego in the area of medical malpractice. He is also a fellow with the Litigation Counsel of America. In 1968, David became Ranger qualified. He was on active duty in the United States Marine Corps as a platoon and company commander from 1968 to 1972, serving in the Republic of Vietnam in Southeast Asia in 1969. He spent 27 years in the Marine Corps Reserve, attaining the rank of Lieutenant Colonel.
Patricia I. James (“PJ”)
After earning her bachelor’s degree in English from the University of San Diego in 1976, PJ went on to attend California Western School of Law in San Diego, graduating in 1979. PJ has worked with David since 1989. While David serves as the firm’s trial attorney, PJ acts behind the scenes, using her writing skills to move cases from the initial stage of preparing the complaint through the interim stage of motions and written discovery and finally, to the last stage of settlement or trial.
In sum, David has established himself as a leader ready to take your case through trial.
Miller & James, LLP 2550 5th Avenue, Suite 815, San Diego, California 92103-6624 Tel: 619.685.0077 | Fax: 619.685.0011 | Email: contact@millerandjameslaw.com
Advocacy For By Jennifer Hadley
PROFESTSHIOENMAOLNPTROFILE OF
2013
H
working only with tenants in San Diego, and one of the largest in all of Southern California. With 500+ active clients at any given time, a substantial percentage are law firms, according to Hughes. “We represent the smallest to the largest law firms throughout Southern California. For example, right now we have 87 active real estate clients in downtown San Diego alone. More than half are law firms,” Hughes says.
Fiduciary Focus More than anyone, attorneys understand the danger in conflicts of interest,” says Jason Hughes, President and CEO of Hughes Marino, San Diego’s largest tenant only commercial real estate brokerage. To say that Hughes speaks from experience is indeed an understatement. Hughes and his team of licensed commercial real estate brokers have represented attorneys for 25 years, and for the past 23 years, they have represented tenants exclusively. The company is by far the largest lease or purchase brokerage
Attorney Journal | Volume 121, 2013
FEATURED
Attorneys
Hughes Marino’s Tenants Only Commercial Real Estate Brokerage Gives Attorneys Unparalleled Access To Collective Bargaining Power, Lease-Audits and Tax Credit Services.
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JOURNAL
Hughes began representing law firms in the late 1980’s, more or less due to proximity. “I started my business in downtown San Diego, and law firms were a huge majority of the businesses there,” Hughes recalls. Although he initially entered the commercial real estate brokerage business with the same M.O. as other brokerages, it took him less than two years to realize that a business plan which includes representing tenants and landlords at the same time was inherently unethical.
Pictured: Jason Hughes, President and CEO of Hughes Marino, Inc. and David Marino, Executive Vice President.
“If you represent landlords, you have a fiduciary to obtain the highest rental rate, with the fewest concessions,” Hughes says. “Your job is to get the landlord business.” Obviously, he knew he couldn’t represent both sides in a lease or purchase agreement. “You can’t be the prosecuting attorney and the defense attorney, without a conflict of interest,” he continues. “How is the tenant going to get a fair opportunity?” he wondered. With the realization that tenants stood no chance working with a broker who represented both landlords and tenants, Hughes switched his focus. “Our duty of care is only on one side—the tenant,” he says. With his new clientele established, Hughes set about to provide San Diego attorneys with services that no other brokerage offered. To do that, he would have to build a team of top notch professionals. “All of our brokers are licensed commercial real estate brokers,” Hughes says. “They are not salespeople. The commercial broker’s license establishes a level of accountability to the nth degree.” Moreover, Hughes explains, “we have more salaried employees than commission employees, and we have three attorneys on staff,” he adds.
Extra Effort
Because of the sheer volume of clients Hughes Marino represents, the company is able to level the playing field for law firms of all sizes. “In downtown San Diego, our clients occupy millions of square feet,” Hughes says. When considering San Diego as a whole, that number jumps to tens of millions of square feet, which gives Hughes’ clients a huge advantage. “Our market share, our collective bargaining ability means that when I am negotiating for a small firm, perhaps for 2-3K square feet, I am able to give them the power of a million square feet,” Hughes adds. “But it’s not just about the price per square foot,” he continues. “Tenants will get a 50 page lease, the bulk of which is designed to protect the landlord.” And it is here that the tenants-only brokerage firm is worth its weight in gold to law firm clients. Hughes Marino fights for tenants to ensure protection of maintenance is included. They work to make sure that the firm has appropriate opportunities to expand or decrease their office size if necessary. In short, they serve as formidable advocates for the rights of attorneys when it comes to real estate. But that’s just the minimum clients receive from the firm. Over the years, Hughes Marino has worked intelligently to provide additional value to clients. For firms looking to construct their own building, Hughes Marino offers construction management services via those who know the ins and outs of construction, chiefly, in-house experts who are on the Hughes Marino team. “When you are dealing with large dollars and multiple subcontractors, there oftentimes can be some questionable construction expenses. We make sure every last cent is accounted for and that it goes into our
“Our duty of care is only on one side—the tenant.” client’s space or pocket, and not to pay for a property manager’s swimming pool,” Hughes says. For renters, the firm offers lease-audit services every year at no additional charge. “We provide yearly free lease-audit services for clients, to insure that any operating expenses/CAM charges passed through to our clients are legitimate. We challenge these charges, [when there is no evidence that the charges are warranted.]” And in effort to offer even additional value to clients, years ago, Hughes Marino acquired a government incentives tax group in San Diego. As the result, the brokerage firm now proudly offers its clients Tax Credit Services, which Hughes says have been a boon to countless law firms. “Real estate tax credits are geographically driven. There are a lot of government incentives that people never take advantage of,” Hughes says. For example, the enterprise zone tax credits provide a deduction for employers of an astonishing $37K per employee for businesses operating in those zones. Moreover, says Hughes “the credits can be used retroactively, going back four years. This can result in a 7-figure tax credit,” he adds. Unfortunately, this particular credit expires on December 31, 2013, so Hughes encourages law firms to take action now. “We are not CPAs, but we are experts in real estate tax credits. Most CPAs refer their clients to us for help in these credits, as it is a real niche business,” he continues. As far as the future is concerned, Jason Hughes is quick to point out that “everything is reinvested into the company, and into the community. We support upwards of 70 different nonprofits every year, including the San Diego Volunteer Lawyers Program. We put our money where our mouth is. We want to make our community a better place,” he says. But it’s not just him who is happy and proud of the work the Hughes Marino team is doing, it’s the entire team. “We are a very happy group. We’ve found that when you are doing the right thing, good stuff happens.” n
Contact: Jason Hughes Hughes Marino www.hughesmarino.com jason@hughesmarino.com Phone: 619-238-2111
Attorney Journal | Volume 121, 2013
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I’m so fed up with lawyers investing thousands and thousands of dollars in websites that simply suck.
What’s the Best Website Design for Lawyers? by Alexis Neely Alexis Neely graduated first in her law school class from Georgetown in 1999, and after clerking on the 11th Circuit Court of Appeals, began her career at Munger, Tolles & Olson and left to start her own firm in 2003. Within just three years, she had built her solo practice into a million dollar a year revenue generating business by implementing the new law business model she created. She now teaches that model to lawyers throughout the US and Canada as a Law Business Mentor. Learn how Alexis built her law practice from scratch into a million dollar a year revenue generating law business while only going into the office a few days per week at: www.LawBusinessManifesto.com
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Attorney Journal | Volume 121, 2013
So I decided to work with one of our Family Business Lawyers directly on the re-design and launch of his website (I will call him Michael for the sake of this article). The first step was to create a wireframe of the site. If the design of your website does not begin with a wireframe, quickly find someone else to create your website. When Michael and I got on the phone to discuss his wireframe, a few things came up that made me realize part of the reason lawyers end up with websites that suck. You probably haven’t been trained on the purpose of each piece of your website and how to make it all come together from a marketing perspective. So you end up with a site that is pretty, but doesn’t build relationship with your prospects. Or a site that is horribly ugly and doesn’t build relationship with your prospects. Many lawyers use their websites to sell their services and that’s actually a big mistake. The main purpose of your website is not to sell your services. The main purposes of your site is: 1) to build a relationship with your prospects by offering them free educational material in exchange for their contact information, AND 2) to inspire them to book a new client meeting with you. Your initial client meeting sells your services. Your website just gets the relationship started. I’ll say that again... The only purpose of your site is to build relationships with prospects so they are educated and then will schedule an initial exploratory meeting with you. (This is where you learn how to handle this initial exploratory meeting the right way so you engage more clients and collect a check just about every time.) When you’re designing your site, know that there will be two types of people visiting your site, those who have been referred to it (coming to check you out) & those who are actively seeking an attorney online (shopping around). Keeping the true purpose of your site and the people who will be visiting it in mind, here’s what the basic layout of your site should look like: • Logo & Contact Info • Primary Lead Generator • Welcome Text/Video • Testimonials • Additional Lead Generating Items
First, at the very top, you can put your Logo & Contact Info. Place your logo and phone number right at the top of your page. You want people to remember your logo long after they leave your site—brand recognition. And having your phone number right at the top makes it easy for people to contact you. The next thing people should see is your Primary Lead Generator. In this section, you’ll want to include a picture or video with strong copy and a call to action for them to opt in to receive your free gift (email series, report, guide, case study, workbook, etc.). You’ll want something that’s going to capture the attention (and contact information) of your audience. Everything needs to revolve around the opt in. A huge mistake many lawyers make is to have their logo and some pretty pictures take up all the most valuable real estate at the top of their site. Do not do this. If people “bounce” from your site (meaning they come to the site and leave without giving you their contact information or calling you), there’s no way to develop a relationship with them and chances are you are not going to be working with them in the future. If you get an email address (and possibly full contact info), you’re able to build a relationship and you are going to be the
lawyer who is at the top of their mind when they are ready for your services. This is education-based information. You offer educational content that is exactly what the people coming to your website want in exchange for their contact information. Simple. Next is your Welcome Text. (Notice how this comes even after your opt in—keeping in line with the purpose of your website.) This should be a picture and some inviting copy or even better, a video of you. After that, you’ll want to Showcase Testimonials. If you don’t have any client testimonials, start asking for them now. Rotate between 3-5 testimonials from your existing client base. Following your testimonials, you’ll have your Other Lead Generating Items. The more educational pieces you can include, the better. Finally, you’ll have a Recent Articles or Blog Posts Section. This section will be a directory of recent articles (blogs, informative/related articles, guest articles, etc.) Always, always, always have your articles and/or blog posts not just be about boring legal topics, but also include relevant, timely additional topics that come from the general news and are of interest to your target market. n
skidmutro.com
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can to bring them to fruition. We pay attention to details. We take pride in our work. We practice sustainability. We care. That’s our business.
Jenny Strauss Vice President + Marketing Director 215-460-0835, jenny@skidmutro.com
Attorney Journal | Volume 121, 2013
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A couple of years ago, I enjoyed reading Malcom Gladwell’s book, The Tipping Point: How Little Things Can Make a Big Difference. He is also the author of Blink: The Power of Thinking Without Thinking, and Outliers: The Story of Success. I recommend all three books.
The Tipping Point for Lawyers By Cordell Parvin
Cordell Parvin built a national construction practice during his 36 years of practicing law. In 2005, he left the firm and started Cordell Parvin LLC. He now works with lawyers and law firms on career development and planning and client development. He may be reached at 214-866-0550 or cparvin@cordellparvin.com.
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Attorney Journal | Volume 121, 2013
There are three main points in The Tipping Point. The first is the “law of the few.” The second is “the stickiness factor.” The third is “the power of context.” In this column, I will explain how these points apply to lawyers and client development. What is “the law of the few”? Your success in client development will be more likely if you know what will work best for you. Gladwell identifies three types of people: connectors, mavens, and salesmen. Connectors know lots of people. You know the type. No one is a stranger to them. Connectors are important not just because of the number of people they know, but also the kinds of people they know. They know people in different worlds. Connectors are masters of “weak tie relationships,” meaning many relationships that are not deep ones. Connectors are important because they spread the word to a wide group of people with whom they have weak tie relationships; A maven is someone who accumulates knowledge. They do the research most of us don’t want to do and they find joy in passing along what they learn. If you have written an article about an important topic, a maven is the type most likely to find it; Salesmen are charismatic people who can persuade others even when the others are not convinced of what they are hearing. They can sell anything. Based on two studies, Gladwell notes that little things can be as important as big things. He also notes that non-verbal clues are as important — or more important — than verbal clues. Finally, Gladwell suggests that persuasion works in ways we do not fully appreciate. It is not always the obvious eloquence; it can be way more subtle. Great salesmen connect with their clients in a variety of non-verbal ways including non-verbal enthusiasm, confidence, and emotional expressiveness. Gladwell notes that charisma can be measured and refers to the Affective Communications Test created by Howard Friedman, a psychologist at the University of California at Riverside. Friedman reports that the test identifies those who “are generally popular (even if they are shy) and influential, because of their ability to transmit emotions through nonverbal cues.”
What is “the stickiness factor”? This is the message that will be delivered by the connectors, mavens, and salesmen. In the context of your client development, the message must address problems, opportunities, internal changes or external changes your clients and potential clients are encountering. Otherwise, your clients and potential clients simply will not care. What is the “power of context”? Gladwell gives as an example the book, Divine Secrets of the Ya-Ya Sisterhood by Rebecca Wells. When the book first came out, sales were relatively slow. A year later, the book came out in paperback and sales began to pick up. Women showed up for book signings in groups and they would have Rebecca Wells sign multiple books. Wells began to see mothers and daughters coming in together. Later, national media attention, articles in magazines, and television appearances vaulted Rebecca Wells to a star status. The power of context here is the role that groups play. What does “the power of context” have to do with client development? In a difficult economy, when clients are searching for capital and markets, writing or speaking to clients about compliance issues may not resonate with them. I read a very interesting Washington Post article that addressed the law of context. The Washington Post had internationally acclaimed violinist Joshua Bell play at a Washington Metro stop while dressed in jeans, a longsleeve tee shirt, and baseball cap. The test was whether in an incongruous context, ordinary people would recognize his genius. Interestingly, in the 45 minutes Bell played, only seven people stopped to listen for at least a minute. Twenty-seven gave money totaling $32. The Post noted that in a music hall, Bell earns $1000 a minute. I gathered from reading the article that we are so busy and in our own world that we don’t take time to listen to one of the world’s greatest musicians. So, what can you learn from The Tipping Point and how can you use it to develop more business? You must communicate an idea that “sticks” by providing a solution to your potential clients’ problems, opportunities, internal changes, or external changes. To get the idea out there, you need to have it where mavens will find it and you need to get it in the hands of connectors who will spread it. Lawyers can do this by writing and getting articles published, putting the articles on their website bios, by blogging, and by speaking to industry-based trade associations. Association executives are mavens for their members. They will spread good content you create that is valuable to their members. Next, look for opportunities to speak to groups of potential clients and when you do, connect with them in a non-verbal emotional way. Finally, remember there must be a context for what you are trying to communicate that makes it important to those hearing or reading your message. n
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Attorney Journal | Volume 121, 2013
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7/12/13 5:04 PM
7
PRACTICAL SUGGESTIONS
TO GET THE MOST OUT OF TECHNOLOGY-ASSISTED REVIEW
by Jon Lavinder
With the recent high profile use of technology-assisted review in the Da Silva Moore and Kleen cases, and with positive judicial opinions coming from Judge Peck and others, many legal teams are considering using technology-assisted review for the first time. Without expert guidance, newcomers frequently struggle with the tools and processes of technology-assisted reviews. Here are some real-world guidelines for achieving the best results. The basic underlying technologies have been around for decades. Machine learning techniques are used in a wide variety of industrial applications, including speech recognition, facial expression categorization, handwriting recognition, and computational biology, to name a few. Applied to the problem of large-scale legal document review and production, technologyassisted review enables a small number of expert human reviewers to train a computerized system to recognize the subtle differences between responsive and non-responsive documents based on the review of a small but representative sample of the document collection. With explosive growth in electronically stored information, a system that magnifies the efforts of a single reviewer (such as assisted review) is seen as an important step towards increasing electronic discovery quality while simultaneously reducing cost and time. To take best advantage of this new technology, here are some practical tips based on our experience in supporting dozens of reallife cases. 28
Attorney Journal | Volume 121 , 2013
1.
Use subject matter experts to train the system. Technology-assisted review magnifies the decisions made by the reviewers training the system. For consistency, the same set of expert reviewers should train the system from start to finish. This is something that can be delegated to outsourced review management in some cases. For example, a case involving an intellectual property dispute related to biotechnology may require experts in that field to determine which documents are relevant.
2.
Use a review manager that understands technologyassisted review. For large cases, law firms and corporations often rely on outsourced review management. The review management team is often in the best position to use assisted review most effectively. Assisted review can be used in different ways depending on the specific needs of a case. These include prioritizing document review, using flexible staffing models to distribute review, bulk classification of non-relevant documents, and early case assessment, to name a few. Before starting, plan out how the technology and associated workflow fit into the electronic discovery plan for a given project. Having a review manager and a separate assisted review team can reduce the possible benefits if these teams don’t work closely together. Sidestep the issue by using a review manager well-versed in the assisted review process employed.
3.
Learn the terms. There are several words frequently used in technology-assisted review that have a distinctive meaning. Richness, recall, precision, and f-measure are four key terms to know. Richness is the overall percentage of the document population that is responsive to an issue. Recall is the percent of the responsive documents identified by the process and is a measure of completeness. Precision is the percent of documents identified by the process as responsive that are actually responsive and is a measure of quality. F-measure is the weighted average of precision and recall. There are many more to learn, and knowing the vocabulary helps.
4.
Apply technology-assisted review before culling with search terms. Using Boolean search terms to cull down the population ahead of assisted review can reduce the overall recall potential. A limitation of Boolean search is that you often find only what you know to look for. Using Boolean search requires the case team to know exactly what language was used in the target documents ahead of time. The strength of technologyassisted review is that it can uncover pockets of relevant content that were not suspected. Most assisted review processes sample across the document universe.
5.
Use blind sampling to measure progress and avoid reviewer bias. Many technology-assisted review processes build in sampling to measure progress and provide quality control throughout review. When reviewers are aware that a document
is marked responsive or not responsive, it can influence their decision. Representative sampling is a well-established method of determining the characteristics of a large population of documents.
6.
Focus on one or two issues at most. Assisted review benefits are highest when ranking documents against the primary issues at the heart of a matter. There are generally dozens of sub-issues. Subdividing responsive documents into the many subcategories is best left to second pass reviewers with explicit review instructions and training.
7.
Use second pass linear review. Use a second pass review to identify additional non-responsive documents as well as to identify documents to be withheld for privilege. Technology-assisted review promises to reduce cost and improve quality compared to other available methods. With the exploding growth of electronically stored information, these new tools are needed. The legal teams that master them first will have a great advantage. n Jon Lavinder is director of technology-assisted review at DTI. He is responsible for strategy and execution of a portfolio of industryleading assisted review software tools and works directly with law firm and corporate legal professionals on workflow design and project execution.
Areas of Expertise Business/Commercial • Class Action Complex Litigation • Construction Employment/Wage and Hour Insurance Coverage/Bad Faith • Intellectual Property Legal Malpractice • Medical Malpractice Personal Injury • Probate Real Property/CEQA/Land Use • Wrongful Death
Past President: San Diego County Bar Association 2014 President of the San Diego Chapter of the American Board of Trial Avocates (ABOTA) Listed in The Best Lawyers In America, Super Lawyers and Top Attorneys 25 Years of Experience as a Mediator and Arbitrator 33 Years of Extensive Civil Litigation Experience Representing Plaintiffs and Defendants
Monty A. McIntyre, Esq. Mediator, Arbitrator & Referee Relentless Optimist® Rapid, Reasonable Resolution™ 501 West Broadway, Suite 1330, San Diego, CA 92101 | Phone: (619) 990-4312 | Email: monty.mcintyre@gmail.com www.montymcintyre.com
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