Attorney Journals, Orange County, Volume 229

Page 1


ORANGE COUNTY

The Importance of Client Testimonials for Law Firms

Kevin Vermeulen

High Rates, Low Hours: The Future of Law Will Break Your Business Model Ryan McKeen

Your Law Firm’s Website Is Bleeding Money

Dan Martin

California Case Summaries Monty A. McIntyre Why Lawyers Hate Marketing and What Marketers Can Do About It Andrea Malone Litigation Funding: The Good, The Bad, The Future Kate Johnson

Law Firm of the Month

For decades, law firm financial models have been built on a simple premise: people doing lots of work. The industry has functioned on the billable hour, where time is directly equated with money. It has become a universal metric of value. But that model is standing on the edge of a cliff, and over the next five years, it will be pushed off by the rapid and unrelenting advance of artificial intelligence.

We are entering a period of fundamental transformation. The implications are not just about technology, but about values, business models, pricing, training, and what it even means to be a lawyer. The traditional calculus of legal services is about to change dramatically.

The Crumbling Foundation: Time-Based Pricing in a Post-AI World

The billable hour has always had its limitations. It rewards inefficiency, punishes productivity, and creates misaligned incentives between lawyers and clients. But it persisted because clients had few alternatives. That is about to change.

AI, particularly generative models, are already transforming the way legal work gets done. Tools like Harvey, Spellbook, and even ChatGPT are accelerating contract review, research, drafting, and analysis. McKinsey projects that up to 44% of legal tasks could be automated by current technologies. Goldman Sachs suggests that as much as 23% of the work of lawyers could be replaced by generative AI.

For clients, this is a game-changer. They will no longer tolerate being billed hundreds of hours for tasks that AI can complete in minutes. They will demand efficiency and transparency. They will seek legal partners who align with their values and needs, not those who cling to outdated revenue models.

The Rise of In-House Legal Teams and Legal Ops

One significant shift we will see is the continued growth and sophistication of in-house legal departments. As law firms lag behind in adopting AI or cling to the billable hour, clients will bring more work in-house. General Counsels, equipped with AI tools and increasingly trained in legal operations, will build leaner, more tech-savvy teams.

In fact, the Association of Corporate Counsel (ACC) reports that 57% of in-house teams are already using legal technology to increase efficiency. The legal ops revolution is not coming.

High Rates, Low Hours: The Future of Law Will Break Your Business Model

It is here. And it is only accelerating.

Clients will simply refuse to pay for inefficiency. They will expect law firms to deploy AI just as they expect them to use email or e-filing systems. Those who fail to do so will be outcompeted by firms that embrace change or by in-house teams that deliver faster, cheaper, and better.

A Shift to Values-Based Pricing

In this new world, the value of a lawyer will not be in the number of hours they work, but in the judgment they bring. As AI handles more of the grunt work, what clients will pay for is wisdom. Strategic thinking. Creative advocacy. Trusted counsel. Relationships and reputation.

This is why we will see a dramatic increase in hourly rates, even as the hours themselves become less central. Lawyers will be hired for the problems they can solve, not the tasks they can perform. Value-based pricing will become normative.

This isn’t theoretical. We’re already seeing this shift. At elite firms, partners command rates of $2,000 an hour or more. That rate isn’t about the time it takes to draft a document. It’s about the experience, network, and influence that lawyer brings to the table. In the next five years, that kind of pricing model will become mainstream, not niche.

Firms that succeed will shift from selling labor to selling insight. A fifteen-minute phone call that changes the trajectory of a deal will be seen as more valuable than a hundred hours of AI-assisted document review. This is a fundamental reframing of legal value.

Implications for Law Firm Business Models

These changes will ripple through every part of the firm. First, staffing will change. Fewer junior associates will be needed to grind through discovery or research. Firms will need to be leaner, with a greater emphasis on senior attorneys who can deliver high-value judgment.

Compensation models will need to evolve. Originations, relationships, outcomes, and innovation will matter more than sheer billable hours. Firms will invest in knowledge management, AI fluency, and client service over traditional leverage ratios.

We will also see the rise of new kinds of firms entirely. Boutique, virtual-first, AI-native practices will emerge and thrive. They will offer flat fees, subscriptions, and project-

based pricing. They will meet clients where they are. And they will force legacy firms to adapt or die.

Training Tomorrow’s Lawyer

If the work of lawyers is changing, then so too must the way we train them. Law schools can no longer produce attorneys who are good at issue spotting and memorization alone. They must cultivate empathy, creativity, adaptability, and business sense.

The curriculum will shift. Expect to see more courses in legal tech, innovation, negotiation, and human judgment. Clinics and experiential learning will become even more critical. AI literacy will be as essential as legal writing.

And beyond law school, firms will need to rethink mentorship and training. Associates will not learn by osmosis from endless hours in the trenches. They will need structured development and exposure to strategic thinking early and often.

The Lawyer as Strategic Partner

In a world where machines do much of the heavy lifting, the human lawyer becomes even more important—not as a technician, but as a strategic partner. This is the lawyer who understands the client’s business, anticipates issues, and guides them through risk and opportunity.

The human edge will be judgment, empathy, persuasion, and the ability to operate in ambiguity. Lawyers who can synthesize complex information, build coalitions, and negotiate outcomes will be indispensable.

This is a hopeful vision. It is not about obsolescence. It is about elevation. AI will take over the mundane so that lawyers can do what they do best: help people solve problems and make better decisions.

Conclusion: Five Years to Reinvent the Profession

The legal industry has five years. Five years to rethink its pricing, value, and purpose. Five years to reimagine its training, staffing, and culture. Five years to build a profession that is not only AI-resilient but AI-enhanced.

The firms that will thrive are those that embrace this moment. That see AI not as a threat, but as a catalyst. That understand that the billable hour is not sacrosanct. That are willing to lead. The upside here is agile firms will be able to serve clients whose matters they were previously unable to serve.

Because the future is not about time. It is about value. And the time to start is now. n

Ryan McKeen is a co-founder of Best Era, LLC. Ryan’s extensive background as a lawyer and law firm owner drives his commitment to helping the legal community thrive. Ryan is dedicated to enriching the legal field by sharing insights from his experience. He co-authored the best-selling books “Tiger Tactics: Powerful Strategies for Winning Law Firms” and “CEO Edition,” and regularly speaks at national legal conferences on topics including innovative marketing, artificial intelligence, law’s future, and effective management. Learn more at www.bestera.io.

California Case Summaries New California Civil Cases

These recent case summaries were provided by Monty A. McIntyre, a mediator, arbitrator and referee at ADR Services, Inc., and come from his online publication California Case Summaries™️ (https://cacasesummaries.com), which helps California civil lawyers and law firms win more cases by always knowing the new case law in their practice areas. At ADR Services, Monty handles cases in the areas of business, employment, insurance, probate, real property and torts. To schedule a matter, contact Monty’s case managers, Rachael Boughan, rboughan@adrservices.com, (619) 233-1323, or Haward Cho, haward@adrservices.com, (213) 683-1600.

CALIFORNIA SUPREME COURT

Civil Procedure

Madrigal et al. v. Hyundai Motor America (2025) _Cal. 5th_, 2025 WL 943693: The California Supreme Court decided a narrow question regarding the interplay between Code of Civil Procedure section 998 and the recovery of costs as the prevailing party under Code of Civil Procedure sections 1032 and 1033.5. The trial court ruled that section 998 did not apply because the parties settled before the trial was concluded. The Court of Appeal and the California Supreme Court disagreed, ruling that cost shifting under section 998 is not limited to cases resolved by trial or arbitration. The California Supreme Court ruled that when a plaintiff rejects a 998 offer or allows it be deemed withdrawn, and later agrees to settle before trial, section 998 sets the default rule regarding cost shifting if its terms are met, but the parties are free to agree to their own allocation of costs and fees as part of the settlement agreement. (March 20, 2025.)

Torts

Escamilla v. Vannucci (2025) _Cal. 5th_, 2025 WL 943692: The California Supreme Court reversed the Court of Appeal and the trial court, ruling that an action for malicious prosecution against an attorney, brought by formerly adverse parties and not by the attorney’s clients or the intended beneficiaries of the attorney’s clients, is governed by the two-year statute of limitations in California Code of Civil Procedure section 335.1, not the one-year limitations period in California Code of Civil Procedure section 340.6 for actions against attorneys. (March 20, 2025.)

CALIFORNIA COURTS OF APPEAL

Arbitration

Arzate v. ACE American Insurance Company (2025) _ Cal.App.5th _, 2025 WL 309326: The Court of Appeal reversed the trial court’s order that reversed its earlier order granting defendant’s motion to compel and lifted the stay of litigation after neither of the parties took any action to initiate arbitration. The underlying action was a wage and hour action by employees against defendant employer. The arbitration agreements at issue required any person having employment related legal claims to submit them to arbitration. They also required the party who wanted to start the arbitration procedure to begin the process by filing a demand for arbitration. The trial court concluded that the defendant had the obligation to commence arbitration, which is why it lifted the litigation stay after no one initiated arbitration. The Court of Appeal disagreed and reversed the trial court, concluding that under the arbitration agreements the party wanting to assert a claim governed by the arbitration agreements had the obligation to commence arbitration. In this case that was the plaintiffs. Defendant did not breach the arbitration agreements or waive its right to arbitration by failing to submit the plaintiffs’ claims to arbitration. (C.A. 2nd, filed January 27, 2025, published February 19, 2025.)

Employment

Lowry v. Port San Luis Harbor Dist. (2025) _ Cal.App.5th _, 2025 WL 615281: The Court of Appeal affirmed the trial court’s order granting defendant’s motion for summary judgment against plaintiff’s single cause of action alleging that

defendant violated the Fair Employment and Housing Act (FEHA; Gov. Code, § 12900 et seq.) when it concluded that plaintiff was not eligible for relief under FEHA and denied plaintiff’s request for disability retirement payments after plaintiff suffered a workplace injury rendering him unable to perform his essential functions as a harbor patrol officer even with reasonable accommodations. The Court of Appeal concluded that the denial of disability retirement payments is not an adverse employment action under FEHA. Disability retirement payments do not facilitate a qualified employee’s continued employment, job performance, or opportunity for advancement. They serve as income replacement for employees who can no longer work. An individual who is not a qualified employee cannot bring a disability discrimination claim under FEHA for the denial of disability retirement payments. (C.A. 2nd, February 26, 2025.)

Contracts

Miles v. Gernstein (2025) _ Cal.App.5th _, 2025 WL 942514:

The Court of Appeal affirmed the trial court’s judgment, following a bench trial, concluding that an oral traditional surrogacy agreement that plaintiff (a single lesbian) entered into with defendant (a single gay man) controlled the relationship between plaintiff and the child born following that agreement, and plaintiff was not a parent to the child under that agreement. The Court of Appeal affirmed the trial court’s judgment, concluding that the law does not

require that a traditional surrogacy contract be in writing, that Family Code section 7610 did not mandate a finding that plaintiff was the child’s mother, California case law did not prohibit the oral surrogacy agreement, and public policy supported the enforcement of the oral surrogacy agreement. (C.A. 3rd, March 28, 2025.)

Insurance

Prahl v. Allstate Northbrook Indemnity Co. (2025) _ Cal. App.5th _, 2025 WL 942513: The Court of Appeal affirmed the trial court’s order denying plaintiff’s petition to compel arbitration of his underinsured motorist claim. The accident occurred in 2016. After settling with the two other drivers, plaintiff initiated his underinsured motorist claim with defendant and defendant agreed to arbitrate the claim on May 29, 2018. The matter was set for arbitration in November 2022, but was continued due to the unavailability of plaintiff’s counsel. In late 2023, plaintiff contacted defendant to reschedule the arbitration, and defendant took the position that the arbitration could not go forward because the five-year deadline to complete arbitration set forth in Insurance Code section 11580.2(i) had expired. The trial court properly denied the petition to compel arbitration, properly concluding that arbitration was barred by Insurance Code section 11580.2(i) and Judicial Council emergency rule 10 (Cal. Rules of Court, appen. I, emergency rule 10) did not extend the deadline. (C.A. 3rd, March 28, 2025.) n

For many attorneys, marketing carries an unshakable association with desperation. “Good lawyers don’t need to advertise,” goes the thinking. “The work speaks for itself.”

This isn’t mere snobbery. It reflects a deeply ingrained professional value system where excellence and dignity reign supreme. Consider that for centuries, lawyers built practices entirely through reputation and referral. The attorney who actively sought clients was viewed with suspicion—if they were truly skilled, wouldn’t clients naturally seek them out?

The solution for legal marketers isn’t to dismiss these concerns but to reframe marketing in terms of professional dignity as an extension of professional skill rather than a substitute for it.

The issue isn’t marketing itself—it’s what attorneys think marketing means.

In many legal minds, “marketing” conjures images of TV commercials asking “Have you been injured?” or aggressive sales tactics. They don’t instinctively connect it with the relationship-building and reputation-management activities they already value.

The Weight of History

Until 1977, legal advertising was actually prohibited. When the Supreme Court’s Bates v. State Bar of Arizona decision finally permitted attorney advertising, cultural attitudes didn’t magically transform overnight.

This historical context explains why many senior partners—particularly those who began practicing before the mid-1980s—view marketing with instinctive suspicion. They were trained in an era when promotional activities could result in disbarment!

The Economics of Resistance

Let’s also acknowledge the elephant in the room: time spent on marketing is time not spent billing clients. In a profession where success is literally measured in six-minute increments, this creates an immediate economic disincentive.

“Every hour I spend on a blog post is an hour I’m not billing at $750,” explained one candid partner. “Unless you

Why Lawyers Hate Marketing—and What Marketers Can Do About It

can show me how that post generates more than $750 in value, the math doesn’t work.”

This isn’t shortsighted—it’s rational economic calculation. The challenge for marketers is demonstrating ROI in terms attorneys value. Make marketing worth attorneys’ time by addressing the “what’s in it for me?” factor directly.

Cognitive Style Mismatch

Legal training ruthlessly develops analytical precision, risk awareness, and evidence-based thinking. Lawyers are professionally rewarded for identifying problems, mitigating risks, and focusing on details—the exact opposite of marketing’s bias toward positive messaging, emotional appeals, and bigpicture vision.

This difference in cognitive style creates friction when reviewing marketing materials. What marketers see as compelling storytelling, attorneys often view as factually imprecise. What lawyers consider appropriately cautious language; marketers see as watered-down messaging.

Successful firms address this by creating hybrid processes that satisfy both mindsets. One way to do this is by pairing marketing creatives with dedicated attorney editors who ensure accuracy without killing the engaging tone.

Ethics and Advertising

Marketing in legal services exists within a complex regulatory framework that goes beyond typical truth-in-advertising standards. Bar association rules vary by jurisdiction and can restrict everything from client testimonials to specific language about specialization.

But the unwritten ethical concerns often exert even more influence than formal regulations. Many attorneys have a negative visceral reaction to anything that feels “ambulance-chaser adjacent”—even when it’s perfectly compliant with bar rules.

Savvy marketers turn this challenge into an advantage by building ethics into their messaging strategy from the ground up. Rather than seeing ethical guidelines as constraints, they position them as differentiators that showcase the firm’s commitment to professionalism.

Evidence-Based Decision Making

When proposing a new marketing initiative, be prepared for attorneys to approach it like a legal argument: “Show me the precedent.”

Lawyers are trained to make decisions based on evidence, precedent, and proven methodologies. The often-intuitive nature of marketing decisions can trigger skepticism. When you suggest a website redesign because “it feels outdated,” expect to be met with raised eyebrows.

Successful legal marketers adapt by building evidencebased decision processes. Before proposing changes, they arm themselves with competitive analyses, client feedback data, and industry benchmarks.

Status Quo Bias

The legal profession has a particular reverence for precedent and established practice. “We’ve always done it this way” isn’t just a reflexive response—it’s a core professional value in a field where stability and predictability are prized.

This creates a powerful status quo bias that can hamstring marketing innovation. The key to overcoming this isn’t to fight against precedent but to use it strategically. Smart marketers also recognize the difference between revolutionary and evolutionary change. Small, incremental shifts that build on existing programs typically face less resistance than dramatic pivots, even when the end goal is the same.

Practical Strategies for Marketers

If, by this point, you feel like you’re fighting an uphill battle, you’re not alone. But that doesn’t mean you should throw in the towel. Here are a few strategies we’ve leveraged to gain traction with our lawyers and clients:

1. Speak Their Language Want to get lawyers on board with your marketing plan? Present it like a legal brief.

Structure your proposals with clear “arguments” supported by specific evidence. Begin with a concise executive summary that outlines your recommendation and supporting rationale. Follow with detailed evidence organized by key points. Anticipate objections and address them proactively.

Analogies that connect marketing concepts to legal practice are particularly effective. “This content strategy is like building a compelling case—we’re systematically developing the evidence that positions us as the authority in this practice area.”

2. Build Marketing Advocates Every firm has them: lawyers who secretly find marketing interesting but don’t want to be the first to admit it. Identifying these potential advocates is crucial to building internal support.

Look for attorneys who:

• Regularly share industry articles

• Have previous business experience

• Show interest in client development

• Ask questions about marketing metrics

Once identified, involve these attorneys in pilot programs where they can experience marketing success firsthand. Their positive experiences create powerful social proof for skeptical colleagues.

At one litigation boutique, the marketing director identified a senior associate with untapped business development potential. After coaching him through a successful thought leadership campaign that generated three new client inquiries, she gained not just an advocate but a missionary who actively recruited other attorneys to the marketing program.

3. Redefine Success Metrics Generic marketing metrics rarely resonate with attorneys. Website traffic, social media engagement, and email open rates feel disconnected from business results that matter to lawyers.

Develop practice-specific metrics that directly connect marketing activities to business outcomes attorneys value. Instead of reporting blog visits, report how many qualified prospects contacted the firm after reading thought leadership. Instead of social media followers, track relationship development with specific target clients.

Visualization is crucial here. Dashboard approaches that clearly show the connection between marketing activities and business results transform abstract concepts into tangible value. When Jenner & Block implemented a dashboard tracking system that connected marketing touchpoints to new matter openings, attorney participation in marketing initiatives increased by 40% within six months.

4. Streamline Approval Processes Nothing kills marketing momentum faster than cumbersome approval processes. When attorneys must review every tweet, blog post, and press release, bottlenecks are inevitable.

Smart marketers create governance frameworks that balance control with efficiency. Consider:

• Template approach: Develop pre-approved templates for common content types

• Tiered review: Implement different review levels based on content sensitivity

• Designated reviewers: Train specific attorneys to serve as efficient marketing reviewers

• Technology solutions: Utilize workflow platforms that streamline review processes

Thought Leadership vs. “Selling”

The fastest way to secure attorney buy-in is to focus on thought leadership rather than overt promotion. Lawyers who recoil at traditional marketing often eagerly contribute to educational content that showcases their expertise.

The key distinction is positioning. “Writing promotional content about our services” triggers resistance. “Educating the market about a complex legal development” aligns perfectly with how attorneys view their professional role.

This approach doesn’t just secure attorney participation— it often produces more effective marketing. Educational content that genuinely serves clients’ informational needs typically outperforms promotional material in engagement, sharing, and lead generation.

Leverage Partner Strengths

Attorneys are trained to analyze complex issues, identify key insights, and present persuasive arguments—skills that align perfectly with effective content creation.

The marketer’s role is to harness these strengths while managing the limitations. Successful programs typically involve:

• Structured interview approaches that efficiently extract attorney insights

• Professional writing resources that transform rough thoughts into polished content

• Clear timelines that respect attorneys’ scheduling constraints

• Attribution systems that appropriately credit contributing attorneys

Show, Don’t Tell

Nothing convinces attorneys like results. Build credibility by documenting marketing successes and sharing them internally. Effective approaches include:

• Case studies connecting specific marketing activities to new business

• Client testimonials that mention marketing touchpoints

• Competitor examples demonstrating the impact of similar initiatives

• Before-and-after metrics that clearly illustrate improvement

Education-First Approach

Many attorneys resist marketing simply because they don’t understand it. Strategic education can transform skeptics into supporters.

Consider developing:

• Marketing workshops customized for legal professionals

• Lunch-and-learn sessions on specific marketing tactics

• New associate training that includes business development fundamentals

• Internal resource libraries that explain marketing concepts in legal terms

Building Bridges, Not Barriers

The lawyer-marketer divide isn’t inevitable. By understanding the legitimate concerns behind attorneys’ resistance to marketing, savvy professionals can develop approaches that align with legal values while advancing business goals.

This isn’t about tricking lawyers into marketing or watering down effective strategies to appease skeptics. It’s about finding the sweet spot where professional dignity, ethical standards, and business development converge.

The firms that master this balance gain a powerful competitive advantage: the ability to market effectively in a profession where most still struggle with the very concept.

As one managing partner told me after his firm’s marketing transformation: “We didn’t start marketing more—we just started marketing right.”

The Marketing-to-Legal Translation Guide

When Marketers Say What Lawyers Hear Better Phrasing

“Build your personal brand” “Engage in self-promotion” “Establish your professional authority”

“Create engaging content”

“Leverage social media”

“Write entertaining fluff” “Develop substantive analysis that demonstrates expertise”

“Waste time on frivolous platforms” “Strategically share insights where clients are already gathering information”

“Viral potential” “Undignified attention-seeking” “Opportunity for widespread client education”

“Marketing campaign” “Aggressive sales push” “Client development initiative”

Andrea Malone is the Vice President of Client Strategy, Andrea collaborates with clients to develop, execute, and measure strategic marketing plans, working with the LISI core services teams to deliver custom digital marketing solutions. Andrea brings more than 20 years of legal marketing and business development experience to LISI, having worked with boutique as well as AmLaw 100 and 200 firms. Learn more at www.legalisi.com.

San Diego’s Top Criminal Defense Law Firm

Your Trusted Legal Advocates in San Diego

Our commitment to justice, relentless advocacy, and unwavering support for our clients sets us apart. We understand the complexities of the legal system and are dedicated to protecting your rights.

Areas of Expertise:

• Assault and Battery

• Assault with a Deadly Weapon

• Attempted or First-Degree Murder

• Burglary

• Carrying a Concealed Weapon

• Domestic Violence

• Drug Trafficking

• DUI

• Hit and Run

• Possession with the Intent to Sell

BUILT ON TRUST, DRIVEN BY RESULTS

How Kirby & Kirby LLP Became Southern California’s Go-To Litigation Firm for Referred Cases

When the dispute is serious enough that a local lawyer realizes a serious need for a good litigator for referral, an organization with a proven track record of trust, competence and litigation success, many firms immediately turn to Kirby & Kirby, LLP. “We’re a great referral source for clients with a commercial or real estate litigation issue. Oftentimes, firms with a transactional practice end up being conflicted out as potential witnesses, so we get most of our referrals from larger firms who know we do not have a transactional side to our business. Attorneys know they can trust us in our dealings with their clients in litigation matters,” says Jason M. Kirby, Managing Partner.

About 75 percent of the firm’s business is referred by other attorneys in Southern California. For example, recently a prominent firm with a transactional conflict realized they had people in their organization who had worked on the contract documents and could not have their litigation department effectively represent their clients. Referring the matter out was the obvious solution to the problem and Kirby & Kirby was the obvious firm of choice. “That’s just kind of how we frequently get brought into cases, somebody recognizes their client has a serious litigation issue and that we are the obvious solution. We measure our success solely by what we accomplish for our clients,” Kirby says.

Founding Partners in the firm are the father and son team of Michael L. Kirby and Jason M. Kirby. They have practiced law together for more than 20 years, representing a wide variety of clients in both plaintiff and defense cases.

The firm’s practice areas include partnership disputes, real estate litigation, contract disputes, executive employment and/or fiduciary issues, personal injury/ wrongful death, and securities and investment litigation.

The most recent example of these outstanding results is an employment arbitration handled by Michael Kirby. The firm represented a terminated senior executive in a very large public company. The case was arbitrated over 3 weeks in December 2024 and the final arbitration award was issued in April 2025. The firm’s client received a final arbitration award in his favor in excess of $13 million.

BUILDING ON A LEGACY OF ACHIEVEMENT

Michael Kirby was a founding partner of Post Kirby Noonan & Sweat, a prominent law firm in the San Diego area since 1976. During his career he has recovered more than $350 million for his clients in more than 40 jury trials. His legal expertise includes extensive experience in business, partnerships, real estate and investor disputes.

He has been a member of the American Board of Trial Advocates (ABOTA) since 1994 and has served on its national board of directors. He is a master in the American Inns of Court—William B. Enright Chapter and has been listed in four separate litigation categories in Best Lawyers®, including betthe-company litigation. He was named one of the top attorneys in California five years in a row by California Super Lawyers magazine. He was a founder of the Association of Business

Trial Lawyers of San Diego, served four years as a Southern District of California Lawyer Representative to the Ninth Circuit and is a Fellow in Litigation Counsel of America.

For more than two decades Jason M. Kirby has represented hundreds of clients in litigation cases throughout California. His primary practice areas are business litigation and real estate litigation, but he has developed expertise in almost every type of civil case during his career. He is an experienced trial lawyer handling plaintiff’s and defense cases.

As a plaintiff’s lawyer, he has had multiple jury verdicts in excess of a million dollars. As a defense lawyer, he has had multiple complete defense verdicts. Kirby has been selected to Best Lawyers® and Super Lawyers® by his peers for both commercial litigation and real estate litigation.

Working in the same firm with a father who had already established an enviable record was an unusual arrangement, but one that proved to be interesting and thoroughly rewarding. Jason Kirby was determined to earn his place in Post Kirby on his own merit. “I did not want to be perceived as Mike’s son, even though I was. I first started calling him Mike at my first day at Post Kirby. For years, Post Kirby occupied an entire floor and I always made sure my office was on the opposite side of his. We expressed mutual trepidation about working next door to each other in a two-man firm, but it’s turned out to be my favorite years of practicing together as partners.”

CREATING A NEW LEGACY OF ACHIEVEMENT

When Post Kirby, then Kirby Noonan Lance & Hoge LLP, disbanded in 2016, the Kirbys’ former firm split into five separate firms. The father and son then formed Kirby & Kirby LLP. Nine years later the same group of attorneys, paralegals and support staff are all still together.

“When we left it was a seamless transition. It’s an interesting thing about the old firm in that everybody had their own clients and everybody worked in their own teams. The Kirby team left and we’ve stayed together,” Kirby says.

Kirby says, “My father was always one of the top guys in our old partnership. No matter how you looked at it, I was way down the totem pole. In one partnership meeting, I realized we were headed out because the old firm was coming to an end. While I had always enjoyed working with

Michael L. Kirby, Founding Partner

so many great trial lawyers in one firm, the truth of the matter is that once we broke off, all of the drama of a larger firm dropped away and each of us found our smaller firm to be the greatest time of our practice together as partners. We have had so much fun doing this together and there has never been any drama. We work very well together.”

In less than a decade at Kirby & Kirby, the Firm has recovered more than $100 million for their clients. The Firm’s success stories include the recovery of more than $22 million for a group of investors who were defrauded in the Ponzi scheme orchestrated by Gina ChampionCain. The Firm was heavily featured in her, I Did It book as told by Neil Senturia and Barbary Bry. The Firm defensed a family partnership dispute wherein the $3 million damages sought were reduced to less than $25,000. The Firm obtained a $2.1 million jury verdict in a sexual abuse case wherein a male high school student was sexually abused by his female teacher. That last case was one not in the firm’s normal practice areas and Kirby was concerned about dealing with a jury trial involving a number of sensitive issues. “We divided the work equally between us and attacked it together. I think that was kind of the first time I felt like I had come into my own as an attorney that could compete at Mike’s level.”

CREATING A LEGACY TEAM

Kirby & Kirby runs “lean and mean” and the team is so experienced and loyal that Kirby jokes that his title of Managing Partner is something of a misnomer. “Honestly, my management philosophy is that everybody I work with has been doing this so long and so well that my role has never been to manage them, but just give them the freedom to do what they do so well.”

Kirby singles out the firm’s paralegals for exceptional praise. “Our paralegals are the key to our success,” says Kirby. Katherine Dillon and Susan O’Keefe Head are highly-experienced, senior paralegals that fully understand and appreciate all aspects of what it takes to achieve success through the litigation process, with substantial trial and arbitration experience.

“We win as a team. It’s always a team effort. None of our amazing results could have been achieved singularly. Our

paralegals are critical to our success because they absorb so many documents and information. They’ve all been through multiple trials with each of us and they fully understand how best to compliment what we do. They’re invaluable. I often say I’d rather have either of them on my team than a seven or eight year lawyer. Working with both of them has always made me a better lawyer,” Kirby says.

SEEMINGLY SEAMLESS

Kirby stresses the importance of building strong relationships with each client based not only on their needs. One of the keys to the firm’s success has been the Firm’s ability to make the attorney-client relationship seamless for whatever arises in the process.

“If you don’t have the clients’ absolute trust, then the relationship doesn’t work seamlessly. You obviously have to earn that trust, but you want to do so quickly,” Kirby says. He

© Bauman Photographers

Bauman Photographers

compares the process of being in litigation with a client to an actor on a movie set. “No one wants to be involved in litigation more than once. So we come into our clients’ lives to be their champions for a limited amount of time to get them through it. If we do so successfully, we often do not see them or hear from them again, but we know they will remember what we did for them and guiding them through litigation is one of the reasons so much of our clientele comes from former client referrals.”

Kirby says one of the keys to his firm’s success is the love of the work and the satisfaction that comes from it. Mike Kirby is one of the motivating factors behind those feelings. “I don’t know anyone who enjoys being a lawyer

more than my father. I love it, but he needs it more than food and water. He inspires that feeling in all of us. We win as a team. I think that’s why nobody’s left the firm here, because we have all figured out how to have fun doing this and win together. Our clients are the ultimate winners,” Kirby says. n

Contact Kirby & Kirby LLP

501 West Broadway, Suite 1720

San Diego, CA 92101

619-487-1500

www.kirbyandkirbylaw.com

©
Father and son, side by side—two generations, one relentless pursuit of justice.

Litigation Funding: The Good, The Bad, The Future

Third party litigation funding is the process where third party funders provide money to a plaintiff or to plaintiff’s counsel in exchange for a cut of the proceeds resulting from the underlying litigation or settlement. Until recently, outside funding for litigation was prohibited by the concepts of “maintenance” and “champerty”. The erosion of these common law concepts first began in Australia, then moved to the United Kingdom, before entering the U.S. and changing the litigation landscape.

Over the last fifteen years, litigation funding in the U.S. has expanded from a prohibited practice to a $15 billion market, and one that is expected to grow to over $25 billion by 2030. In patent litigation, conservative estimates presume funding undergirds about 30% of all patent litigation.

Litigation funding shifts the financial risks of lawsuits away from firms and individual plaintiffs to outsiders willing and able to shoulder that risk. In contrast to the traditional contingency fee model, litigation funding shifts the risk from the firm to the funders. The financial model of litigation funders allows the risk-shifting. Such investments in litigation are non-recourse loans, meaning that whether the suits are won or lost, the lawyers get paid.

In addition, litigation funding may help smaller entities and individuals compete with corporations. Without capital from funders, small businesses and even some non-practicing entities would not be able to take their cases to court because they could not compete against a large corporations’ legal departments, outside counsel, and sizeable budgets. Here, funding gives some patent holders a fighting chance.

Litigation funding also benefits patent holders by monetizing their claims up front. For example, an influx of capital from a funder can sustain a small startup, help launch its technology, and defend its interests. Without funding, smaller and startup businesses would need to take on all the risks and costs of litigation, and if they won—whether at trial or by settlement—they would have to wait for the case’s resolution to receive any money.

Further, there is an argument that litigation funding increases access to justice. When a smaller entity holds an

otherwise valuable patent, but one that it cannot litigate due to financial constraints, litigation funding allows the smaller entities access to litigation. Without funding, a small-time patent holder may have no other recourse or access to justice. Nonetheless, litigation funding is not without criticism. For example, funders may exercise significant control over litigation. This could arise from the terms of the agreement. Or the control may come from calculated decisions about where to file to maximize likely return, or determining the parameters of settlements. Or a funder may determine the parameters of settlements. This type of influence can interfere with the professional independence of lawyers and their loyalty to clients.

In a similar vein, funding may contravene the Model Rules of Professional Conduct, which are designed to ensure that lawyers act in the best interest of their clients. For example, Model Rule 1.2(a) says, “[a] lawyer shall abide by a client’s decision whether to settle a matter.” But, in some funding agreements, provisions allow funders to make decisions about whether and when to settle. And, unlike attorneys, funders do not owe a fiduciary duty to the plaintiffs and may not be acting in their best interest.

As another example, Model Rule 5.4 prohibits fee-splitting between a lawyer and a non-lawyer, except under some outlined exceptions. However, some funding agreements violate Rule 5.4’s fee-splitting provision because funders are paid a percentage of the legal fees secured by the plaintiff’s attorney.

Another criticism of litigation funding is that it allows outsiders to use courtrooms as a trading floor. Such funding can incentivize the filing of non-meritorious litigation. Litigation is expensive, so most businesses avoid it. Indeed, businesses often settle cases rather than engage in protracted and costly litigation, regardless of whether the claims are legitimate. Since litigation funding shifts the risk from plaintiffs to outsiders, there is less risk associated with nonmeritorious claims.

Lastly, third party funding in patent suits may pose a threat to national security where the identities of funders

are hidden. The fear is that this secrecy could allow foreign adversaries to benefit by influencing the American legal system, devaluing existing patents, interfering with innovation, gaining access to sensitive information, including military technology, evading sanctions, or otherwise harming U.S. interests.

With these national security concerns in mind, about two years ago fourteen state attorneys general signed a letter expressing their concerns. As Vice Chairman of the Senate Intelligence Committee, current U.S. Secretary of State Marco Rubio and Senator John Kennedy (when he was Ranking Member of the Subcommittee on Federal Courts) have also echoed these concerns. In Washington, U.S. Representative Darrell Issa, Chairman of the House Judiciary Subcommittee on Courts, Intellectual Property, and the Internet, is leading the charge to regulate. The related hearing, “The U.S. Intellectual Property System and the Impact of Litigation Financed by Third-Party Investors and Foreign Entities,” examined IP litigation financed by third party investors and foreign entities, including the impact of those developments on the U.S. IP system and U.S. national security.

Following the hearing, Rep. Issa released the Litigation Funding Transparency Act of 2024, which requires the disclosure of any third-party that has a right to receive any payment contingent on the outcome of the civil action and require the agreement creating the right to receive payment

be produced to the court and named parties. It would not, however, require disclosure of any individuals or entities who do not receive payouts from funds obtained in settlements or court judgments. The Act further includes exceptions for funders who receive payments solely for the purposes of reimbursement or loan repayment. Ultimately, the Act would require transparency and the disclosure of the third-party funders’ involvement to ensure the court and parties are aware of the agreement.

In sum, litigation funding may improve access to justice to smaller entities, shifts the risk from lawyers and or clients to others, and keeps many lawyers employed. On the other hand, litigation funding may threaten the professional independence of lawyers, contravene the Model Rules of Professional Conduct, decrease transparency in the legal system, and pose national security risks. Regardless, as a $15 billion industry occurring in about 30% of patent infringement suits, it is a behemoth that has invited much criticism and some government response. n

Kate Johnson is a member of Womble Bond Dickinson’s Patent Prosecution & Litigation group where she helps clients protect their intellectual property rights. Kate assists clients with patent and trademark litigation so she can protect inventions and brands, often the core of a client’s business. Learn more at www.womblebonddickinson.com.

Like any other business, law firms need to combine multiple strategies to show potential clients how they stand out from their competition. In addition to creating a strong website with high-quality client-centric content and utilizing a digital marketing strategy to drive traffic, law firms should ensure that client testimonials are published on their website. In this blog post, we will cover some reasons why client testimonials for law firms are so important and how your firm can get them.

Why Testimonials Matter

To some, having client testimonials may seem like a small thing, but it can make a significant difference for your law firm. They come from an unbiased source, since your opinions about your law firm are certainly biased. Testimonials provide social proof by showing that others believe in your services and are willing to vouch for your credibility. Testimonials also reach potential clients on an emotional level, increasing their chances of connecting with you. To round it off, good stories tend to capture the most attention, and testimonials are essentially good stories.

How to Ask Your Clients for Testimonials

When it comes to getting testimonials, you will obviously have to ask your clients to provide them. Likely, your satisfied clients will gladly give you feedback that you are free to share. The important thing about asking for testimonials is to give your clients a framework. This prevents the problem that arises when clients are very happy with your services, but do not know what to say about it.

Ideally, you should ask some specific questions when requesting testimonials. When crafted correctly, these questions will give clients the prompting they need to write an especially useful testimonial for you. Start by asking clients to explain their biggest concerns

The Importance of Client Testimonials for Law Firms

before hiring your law firm and whether they were satisfied with the resolution you achieved. Go on to ask them what they value most about their relationship with your practice. You should also ask how their relationship with your firm compares to working with other professionals they’ve engaged in the past. Finally, ask clients how they would describe your firm if they were to make a referral to a peer.

What to Do with Testimonials

Remember that if clients do not want to provide a testimonial, do not push them to do so. Just ensure they know that you encourage feedback, whether positive or negative. Once you have your client testimonials, review them and decide which best fits your goals. Common goals include showing your firm is cost-effective, responsive, or well-managed. Before posting the testimonials on your website, do some light editing for clarity and length, and give your clients the chance to conduct a final review so they are satisfied that you accurately portrayed their statements. After publishing these testimonials on your site, repurpose them for multiple marketing activities.

Why Your Website Matters in Showcasing Testimonials

Your law firm’s website is often the first impression a potential client has of your brand—and it’s one of the most powerful tools for establishing trust. A well-designed website that strategically integrates client testimonials can help turn casual visitors into qualified leads.

Think of your website as your digital storefront. Just as clients might look for awards, credentials, or recognitions on your homepage, they’re also looking for validation from real people who’ve worked with you. Testimonials placed in key areas—such as your homepage, attorney bio pages, practice area pages, or alongside case studies—can reinforce your credibility at every stage of the user journey.

A few best practices when integrating testimonials into your website:

• Make them easy to find: Dedicate a testimonials or “What Clients Say” page that’s easily accessible from your main navigation.

• Use visuals for impact: Pair testimonials with client photos (with permission) or turn standout quotes into eye-catching graphics.

• Keep it authentic: Include names, companies, or case types when possible (and appropriate). Authenticity drives trust.

• Support SEO goals: Well-placed testimonials that include practice area keywords or location-specific details can also support your search engine optimization efforts.

Ultimately, a strong website backed by real client experiences sends a clear message: your firm delivers results that people are proud to talk about. Schedule a free 45-minute website consultation with our team. We’ll review your current site, identify opportunities to better showcase client testimonials, and suggest actionable improvements to help convert more visitors into clients.

Leveraging Testimonials in Your Marketing Strategy

Once you’ve gathered and curated your client testimonials, it’s crucial to strategically integrate them into your overall marketing efforts. Testimonials can be powerful tools for reinforcing your firm’s brand message across various channels.

Website Integration: While it’s essential to have a dedicated testimonials page on your website, consider embedding testimonials throughout your site as well. Place them on key pages, such as your homepage, service pages, and case studies. This approach ensures that potential clients encounter social proof at critical moments in their decisionmaking process.

Social Media Sharing: Client testimonials are ideal content for social media platforms. Share them as posts on LinkedIn, Facebook, Instagram, and Twitter to reach a broader audience. Consider creating visually appealing quote graphics or short testimonial videos to enhance engagement. Don’t forget to tag clients (with their permission) to increase visibility and credibility.

Email Marketing: Incorporate client testimonials into your email marketing campaigns. Whether you’re sending a newsletter, a promotional email, or a follow-up message, including a relevant testimonial can reinforce your message

and encourage recipients to take action. Testimonials can be especially effective in nurturing leads and guiding them further down the sales funnel.

Video Testimonials: If possible, ask satisfied clients to provide video testimonials. Video content is highly engaging and can create a stronger emotional connection with potential clients. Feature these videos on your website, social media channels, and even in your email campaigns. A genuine, well-produced video testimonial can be more persuasive than text alone.

Incorporating Testimonials into Presentations and Proposals: When presenting to potential clients or creating proposals, include relevant testimonials highlighting your firm’s strengths. This can add an extra layer of credibility and make your pitch more compelling. Tailor the testimonials to align with the specific needs of the prospective client.

Using Testimonials in Paid Advertising: Client testimonials can also be utilized in paid advertising campaigns. Whether through Google Ads, social media ads, or display networks, showcasing a powerful testimonial can increase click-through rates and conversions. A testimonial ad can be particularly effective in retargeting campaigns, where you’re aiming to re-engage users who have already interacted with your brand.

Monitoring and Updating Testimonials: Finally, keep your testimonials up-to-date and monitor their performance across different channels. Regularly review and refresh your testimonials to ensure they remain relevant and aligned with your firm’s current objectives. Pay attention to the types of testimonials that resonate most with your audience, and adjust your strategy accordingly.

Takeaway

In a decade where nearly everything we do is online, people are more dependent than ever on reviews and testimonials. Law firms should view client testimonials as the new word of mouth. It can be challenging for legal consumers to decipher which law firm is the right choice when they’re overwhelmed with thousands of online options. However, client testimonials for law firms boost credibility and improve reputation, encouraging prospects to become clients. n

Kevin Vermeulen is Partner and Chief Operating Officer for Good2bSocial. He has over 30 years of marketing and advertising experience, including 22 years working in various senior management roles, including Chief Revenue Officer and Chief Marketing Officer for ALM Media, a leading legal publisher, helping lawyers, law firms, consultants and companies grow their business. Learn more at www.good2bsocial.com.

In the digital age, your website isn’t just a digital business card—it’s your virtual front door, your first impression, and often your most hardworking employee. While you’re focused on billable hours and case management, your website could be quietly costing you more than you realize. Let’s pull back the curtain on the real price of a slow or outdated law firm website.

The Three-Second Rule: Why Speed Matters

Have you ever been streaming your favorite show and you’re met with the spinning wheel? Maybe that friction caused you to close the app and jump to another streaming platform. The thing is, this friction experience isn’t unique to binge watching Netflix. It happens on websites every day. Here’s a sobering statistic: 40% of potential clients will abandon your website if it takes longer than three seconds to load. Think about that for a moment. Before they’ve read about your impressive track record or seen your glowing testimonials, nearly half your potential clients might be gone—all because of a few seconds of delay.

Picture this: A potential client, dealing with a pressing legal matter, searches for a law firm at 11 PM. They find your website, but it takes eight seconds to load. In those precious seconds, they’ve already clicked back and found your competitor’s lightning-fast site. That’s not just a lost visitor— it’s lost revenue.

Quick Action Item: Use Google’s PageSpeed Insights to test your current site speed. If it’s over three seconds, you’ve identified your first priority.

First Impressions Matter

“Don’t judge a book by its cover” is a great principle, but it’s tough to follow online. Research shows it takes just 50 milliseconds for someone to form an opinion about your website—an impression that dictates whether they stay or leave. Think of your homepage as your law firm’s virtual lobby. You wouldn’t design a physical lobby with dim lighting, outdated decor, or a cluttered appearance. Instead, you’d aim for a modern, inviting space that reflects your firm’s professionalism and values. Your website should do the same—welcoming visitors and building

Your Law Firm’s Website Is Bleeding Money: The 3-Second Drain on Your Bottom Line

trust through a clean, engaging design. However, certain elements may inadvertently undermine that trust, including:

• Outdated designs that look stuck in the past

• Layouts that don’t work on mobile devices

• Missing or expired security certificates

• Slow-loading content or broken links

Pro Tip: Make it a habit to review your website on multiple devices every quarter. What looks great on your desktop could be a frustrating experience on a tablet or smartphone—especially since that’s where most of your potential clients will see it. A website such as browserstack.com will allow you to do this at scale.

Your Website Isn’t Designed for You

Your website is built for your users—your clients and prospects—not for you. It’s your digital storefront, and just like a physical office, it needs to offer a great experience to everyone who visits. A strong user experience is critical to building trust and keeping visitors engaged. This includes more than just page speed; it encompasses key elements such as:

• Mobile responsiveness: With most users accessing websites via smartphones, your site must look and function seamlessly on any device.

• Page load times: Slow-loading pages frustrate visitors and increase bounce rates.

• Content quality and freshness: Outdated or poorly written content can deter potential clients, while relevant, updated content establishes credibility.

• Security protocols: Features like HTTPS and updated security certificates protect users’ data and reassure them that your site is trustworthy.

• User engagement metrics: Factors like time on page, clickthrough rates, and interactions signal how well your website is connecting with visitors.

When your website underperforms in these areas, it’s like having a business no one notices. Potential clients may never find you, or if they do, they might question your credibility. A well-designed website demonstrates professionalism, reliability, and a focus on client needs while making it easy for users to connect with you.

Action Step: Set up monthly SEO monitoring to track your issues with your website and your search visibility. Tools like Google Search Console are free and can provide invaluable insights.

The Bounce Rate Reality Check

Picture this: You’ve just invested in a prime office location, but your front door is so heavy that one in three potential clients gives up trying to open it. Sounds absurd, right? Yet that’s exactly what’s happening with your law firm’s website when your bounce rate climbs due to poor performance because your website’s bounce rate is the digital equivalent of a potential client not being able to open the door.

In technical terms, bounce rate is the percentage of visitors who leave your site after viewing just one page. But in business terms? It’s a steady stream of potential revenue walking straight to your competitors.

Let’s break down why this matters:

• A 1-second delay in page load time increases bounce rate by 32%

• 53% of mobile users abandon sites that take over 3 seconds to load (Slightly different than the 40% rate experienced on desktop browsers)

• Each bounced visitor represents a potential client who may never return

Here’s where the numbers get sobering. A single second of delay can reduce your conversions by 7%. In practical terms, if your website typically generates 50 leads per month, a slow site could be costing you 3-4 potential clients every month. Multiply that by your annual average case value, and the numbers become startling:

• Average monthly leads: 50

• Lost leads due to slow site (7%): 3-4 per month; 36-48 per year

• Average case value: $50,000

• Potential annual revenue loss: $1.8MM—$2.4MM

Why Visitors Bounce (And What It Costs You)

Every bounce represents a potential client making a split-second judgment about your firm. Here’s what’s really happening in those crucial moments:

• First impression failure: Visitors equate slow loading times with poor service and question your technological

competence. Their willingness to trust in your capabilities erodes before you can demonstrate skill.

• Competitive vulnerability: Your competitors are just one click away, leading those bounced visitors to convert on competitor sites. You’re inadvertently sending business to other firms!

• Compound losses: You’ve lowered your presence in search engine rankings results due to high bounce rates, losing immediate business opportunities, referral potential, and word-of-mouth marketing.

Pro Tip: Configure your site’s Google Analytics 4 to track bounce rate and set up custom alerts for when it exceeds industry benchmarks. This early warning system can help you identify and fix issues before they significantly impact your bottom line.

Moving Forward: Your Action Plan

Immediate Actions (Next 24 Hours)

Think of these as your digital triage—quick wins that can stop the bleeding:

• Performance Assessment

» Run a speed test using Google PageSpeed Insights

» Document load times for your key landing pages

» Test your site on both desktop and mobile devices

» Screenshot current rankings for key practice areas

• Security Check

• Verify SSL certificate status and expiration

» Check for any security warnings in browsers

» Review login attempt logs for suspicious activity

» Document all installed plugins and their versions

• Mobile Experience

» Test your site on at least three different devices

» Document any display issues or broken elements

» Check contact forms and click-to-call functionality

» Verify menu navigation on smaller screens

Short-Term Fixes (Next Week)

These tasks will stabilize your site’s performance and plug immediate leaks:

• Technical Optimization (NOTE: This is not a DIY activity. We recommend contacting a professional web developer to assist with this portion, at least.)

» Update all software, themes, and plugins to latest versions*

» Remove any unused plugins or themes

» Implement server-side caching

» Enable GZIP compression for faster load times

• Content Optimization

» Compress all images using tools like TinyPNG

» Convert appropriate images to next-gen formats (WebP)

» Audit and fix broken links

» Remove any unused scripts or stylesheets

• User Experience Improvements

» Optimize contact forms for mobile users

» Ensure phone numbers are click-to-call enabled

» Fix any font sizing issues on mobile devices

» Address any content layout shifts

*Carefully test your website after each update to ensure the current or most recent version for any plugins or software doesn’t negatively affect your site’s visibility or performance.

Strategic Improvements (Next Month)

• Security Overhaul

» Conduct a comprehensive security audit

» Implement two-factor authentication

» Set up regular security scans

» Create a security incident response plan

» Document all security protocols

• Performance Enhancement

» Consider implementing a Content Delivery Network (CDN)

» Optimize database performance

» Set up performance monitoring tools

» Create a regular maintenance schedule

» Document baseline performance metrics

• User Experience Upgrade

» Analyze user behavior with heat mapping tools

» Review and optimize conversion paths

» Update content for key practice areas

» Implement structured data for better SEO

» Document all conversion rates

• Measurement & Analytics

» Set up enhanced conversion tracking

» Create custom reports for key metrics

» Establish performance benchmarks

» Document ROI from website leads

» Implement lead source tracking

Quarterly Review Process

• Performance Review

» Analyze speed test results

» Review mobile optimization scores

» Check core web vitals

» Document improvements and remaining issues

• Security Assessment

» Review security logs and incidents

» Update security protocols as needed

» Test backup and recovery procedures

» Document any security concerns

• Content Audit

» Review and update practice area content

» Check for outdated information

» Update case results and testimonials

» Document content update schedule

Success Metrics

• Page load time (target: under 3 seconds)

• Bounce rate (target: under 40%)

• Mobile conversion rate

• Form submission rate

• Click-to-call engagement

• Time on site

• Pages per session

Pro Tip: Create a shared dashboard for your team to track these metrics in real-time. This visibility helps maintain momentum and identify issues before they impact your bottom line.

Remember, each improvement compounds! Start with the immediate actions to stop revenue loss, then systematically work through the rest of the plan. Document everything—what works, what doesn’t, and what needs further optimization.

The Bottom Line

Your website should be generating business, not preventing it. In today’s digital-first world, a slow or outdated website isn’t just an inconvenience—it’s a serious liability that affects your firm’s bottom line.

Every second your website takes to load is a second too long. Every outdated design element is a missed opportunity. Every security vulnerability is a risk you can’t afford to take.

Ready to stop leaving money on the table? Start with the action items above, or better yet, get a professional assessment of your website’s performance. Your future clients—and your bottom line—will thank you. n

Dan Martin is the Director of Marketing Technology + Operations. Dan helps clients move strategies forward with data-driven insights and the technical support they need. He oversees campaign management processes including automation, execution, and measurement of key digital marketing programs. He also leads the firm’s video and podcast content production, manages search engine marketing and paid social campaigns for clients, and measures and reports on channel and campaign performance. Learn more at www.legalisi.com.

Monty A. McIntyre, Esq. Mediator, Arbitrator & Referee ADR Services, Inc.

To schedule, contact Haward Cho: (213) 683-1600 and (619) 233-1323 or haward@adrservices.com

Short summaries (one-paragraph), organized by legal topic, of every new published CA civil case, helping CA attorneys save time, win more, and make more money. Monthly, quarterly, annual, and annual practice area publications are available. Subscribe at www.cacasesummaries.com

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