5 Reasons You Shouldn’t Use ChatGPT to Create Your Law Firm’s Website Content
Kevin Vermeulen
Beyond Referrals: How Clients Scout Lawyers in 2025
Katie Hollar Barnard
Tax Neutralization—
An Additional Component of Damages in Wrongful Termination Cases
Jamie T. Haven
“Too Many Meetings” Isn’t the Problem, Inefficient Ones Are Ryan McKeen
Attorney of the Month
Khashayar, Khashayar Law Group
Prepared to Win
Can’t Find Good Talent? You’re The Problem
Brittany Green
Why Family Law Attorneys Should Consult with a Defamation Attorney
Max Goodman
Trustworthy, Tech Savvy, Prepared: Keys to New Litigator Success Esquire Deposition Solutions
Strong Leadership is the Critical Factor to Success Emily Hillman
San Diego
• $22,659,551 settlement for clients defrauded in a local Ponzi scheme in Levin v. Chicago Title, et al. (2021)(Michael Kirby & Jason Kirby).
• Complete defense jury verdict in real estate dispute and more than $400,000 collected for attorneys’ fees and costs in Batter v. McElhinney, et al. (2019)(Jason Kirby).
• $2.1 million jury verdict for firm client in Doe v. San Diego Unified School District, et al. (2018)(Jason Kirby & Michael Kirby).
• $1.1 million arbitration award for firm clients on cross-complaint after zeroing plaintiff on $6 million damage claim in Step Strategy Advisors v. Solid Gold Health Products for Pets, Inc., et al. (2018)(Jason Kirby lead counsel).
“We just can’t find good people.”
Sound familiar?
You’ve probably heard it in a leadership meeting. Or muttered it to yourself after another fruitless attempt at trolling for resumes on Indeed and LinkedIn.
The truth?
Hiring in today’s legal market feels like trying to find a unicorn in a thunderstorm. The great ones aren’t applying. The good ones ghost you. The ones who do come through the door often aren’t a fit.
And the question law firms keep asking is:
“Where are all the great candidates?”
But maybe that’s not the right question. Maybe the better question is:
“Why would a great candidate choose us?”
For years, law firms have treated hiring like a back-office function. Put out a job post. Wait for resumes. Complain about the talent pool. Rinse and repeat.
But here’s the wake-up call:
The hiring market isn’t an HR issue, it’s a marketing issue. You’re not just offering a job. You’re making a promise. A story. A future.
And in 2025, the best talent isn’t looking for just a paycheck. They’re looking for purpose.
Today’s law students and young lawyers are some of the most values-driven professionals the industry has ever seen. They care about more than salary. They care about:
• Work-life balance (and not just in the brochure)
• Whether you actually support mental health
• DEI efforts that go beyond hashtags
• Whether your firm aligns with their personal values
They’re not just Googling your Glassdoor reviews. They’re scrolling your Instagram. Watching your TikToks. Reading your “About Us” page with the same scrutiny you apply to a closing argument.
by Brittany Green
They’re asking:
“Would I be proud to work here?”
If the answer isn’t clear, or worse, if it’s no, they’re moving on.
The firms that are winning the war for talent have figured it out: Your employer brand is just as important as your clientfacing brand.
You wouldn’t launch a new client service without a clear value proposition, a compelling story, and a consistent message. So why would you hire that way?
The same marketing principles that attract clients should be used to attract top-tier talent:
• Positioning—What makes your firm different from every other mid-size litigation shop?
• Messaging— Are you telling the story of who you are and why it matters?
• Social proof— Are your current employees sharing why they love working for you?
• Clarity— Do your job descriptions sound like human conversations or legalese soup?
Here’s the part most firms miss:
Culture isn’t ping-pong tables or free coffee. It’s what you believe. And today’s hires want to work for a firm that stands for something.
That might be:
• A commitment to justice reform
• Being trauma-informed in client interactions
• Supporting working parents
• Prioritizing mentorship and growth
Whatever it is, you need to say it out loud and often. And not just on your Careers page. On your LinkedIn. In interviews. At law school recruiting events. In every story you tell. Because when your values are clear, two things happen:
1. The right people are drawn to you.
2. The wrong people screen themselves out.
That’s what strong branding does.
“But We’re Not That Interesting…”
Yes, you are.
Every law firm has a story. A heartbeat. A reason it was started in the first place.
The problem is, most firms forget to tell it.
They default to vague descriptions like “dedicated to excellence” or “client-centered advocacy”. Phrases that mean nothing and inspire no one.
You don’t need to be flashy. You just need to be real.
Tell the story of why your founders walked away from BigLaw. Share your vision for building a practice that values family. Highlight the alumni of your summer associate program who’ve gone on to do amazing things.
That’s what resonates.
If you want to attract aligned, invested, high-performing team members, your marketing should speak to them before you ever post the job.
Here’s how to start:
1. Audit your online presence. Would you want to work at your firm based on what’s on your website and social media? If not, fix it.
2. Feature your people. Showcase associate wins. Highlight team culture. Turn your people into your best recruiters.
3. Tell real stories. What’s it actually like to work at your firm? What do you believe in? What are you building together?
4. Lead with values. Define your core values and weave them into your marketing, onboarding, and decision-making.
5. Think like a recruiter. Your job posts should sound like invitations, not requisitions. Sell the opportunity, not just the requirements.
The firms that attract the best talent in the next 5 years won’t be the ones with the fanciest perks or the biggest budgets. They’ll be the ones who mean it. Who stand for something. Who show up consistently. Who use marketing not just to grow revenue, but to grow community.
So, if you’re struggling to hire: stop tweaking your Indeed ad. Start telling a better story.
Because in a world full of noise, the firms that win will be the ones that are clear, aligned, and unapologetically themselves. Want a team that actually wants to work for you? Start marketing like it. n
Brittany Green is the Co-Founder & Consultant at Best Era, where they help law firm owners break the mold and build the business they actually want. Not the one they feel stuck in. Best Era believes your law firm should serve your life, not the other way around. That’s why we created The Way. Our signature framework designed to help legal professionals redefine success on their terms, build powerful systems, and scale with intention. Learn more at www.bestera.io.
When it comes to court reporting, video and litigation services, Peterson delivers real reporters, real experience, and real service. Day by day, year by year, case by case, we’ve been setting the high bar for integrity, technology and reach for over 35 years.
We have been writing about the personal traits and professional skills litigators need to be successful in pretrial discovery practice for a long time. Whether it’s offering tips on how to master remote depositions, pointing out the need to thoroughly understand deposition-related procedural rules, reporting on the professional imperative to develop and maintain technology competence, or tracking evolving professional obligations to conduct depositions ethically and securely, we’ve endeavored to offer helpful information for litigators working in a rapidly changing, increasingly tech-driven environment.
Seasoned litigators, presenting their views during a “Top Ten Tips for New Litigators” discussion sponsored by the ABA Litigation Section’s Pretrial Practice and Discovery Committee, said that ethical conduct, preparation, technology competence, and professional development were among the leading keys to success for new trial attorneys.
So, we were heartened when several of these themes were mentioned by litigation experts during a recent American Bar Association presentation. Seasoned litigators, presenting their views during a “Top Ten Tips for New Litigators” discussion sponsored by the ABA Litigation Section’s Pretrial Practice and Discovery Committee, said that ethical conduct, preparation, technology competence, and professional development were among the leading keys to success for new trial attorneys.
Their “Top 10” tips were:
1. Know all procedural and evidentiary rules applicable to the case
2. Allow no surprises
3. Be prepared
4. Be the trusted person in the room
5. Be a good teammate
6. Maintain your reputation
7. Take responsibility for professional development
8. Be receptive to criticism
9. Be willing to ask for help
10. Practice self-care
by Esquire Deposition Solutions
Several of the tips mentioned above have a direct relationship to pretrial practice in general and deposition practice in particular.
A thorough knowledge of the rules governing pretrial matters— whether it’s a deposition or summary judgment motion—is critical. In deposition practice, litigators must be familiar with the rules on making and preserving objections to deposition questions. Making unwarranted objections, or directing witnesses not to answer appropriately asked questions, can be expensive. And some attorneys mistakenly believe that “remote depositions” are the same as “video depositions,” an error that the American Bar Association recently pointed out in its 2023 Best Practices for Remote Depositions guidance.
Joseph Schaeffer, a Pittsburgh-based commercial and environmental and energy litigator in Babst, Calland, Clements and Zomnir P.C.’s litigation practice group, remarked that he’s frequently heard partners complain that new associates often fail to learn applicable court rules.
“There’s no easier way to frustrate a partner and even worse to frustrate a court than not having read the rules before taking some type of action,” Schaeffer said.
Applicable rules can come from several sources: jurisdictionwide rules, local rules, and court orders. Familiarity with case-specific orders is also vital. Scheduling orders, case management orders, and stipulated e-discovery protocols need to be consulted and understood.
Mark Romance, a commercial and business litigator and partner in Day Pitney L.L.P.’s Miami office, pointed out that making assumptions about which rules apply can be dangerous business. For example, he said, the court rules for the Southern District of Florida are different than those applicable just north in the Middle District of Florida. Court rules frequently change too, he added.
“You really have to take the extra time to read the rules, read the rules, and read the rules again to make sure that you’re familiar with them in the jurisdictions in which you are practicing,” Romance said.
In 2025, judges have no patience for litigators who have not mastered the technology used in depositions and court hearings. They didn’t have all that much patience for technology footdraggers in 2022 either.
“In terms of technology, I would say being prepared includes, if you’re going to be on a Zoom, for example, and you’re going to share documents, make sure your documents are ready,” Romance said. “Anticipate what you might want to use so that you’ve got it at your fingertips, and you can pull it right up whether it’s at a hearing or a meeting with clients or your team, and also knowing how the technology works.”
Romance added that new litigators should make an effort to find out exactly which types of technologies are in use in the courtrooms where they will be practicing.
A reputation built by painstaking trial preparation and adherence to the highest standards of the legal profession is an asset that litigators can draw on, for themselves and their clients, throughout their legal careers. In deposition practice, this means unfailing honesty, reasonableness, courtesy, and reliability as far as knowing the law and meeting obligations to clients, the courts, and opposing counsel.
Monette Davis, an insurance defense and commercial litigator with Stone Pigman Walther Wittmann L.L.C. in New Orleans, remarked that cultivating a reputation for trustworthiness will advance a new litigator’s legal career.
“You want to be the person that the partner or the superior can go to and they know that they’re going to be able to rely on you, and even if it’s a small test, if it’s research, if it’s something you know that may not be the end-all, be-all for the case,” Davis said. Doing a good job on a small matter will build trust and lead to bigger assignments down the road, she said.
Schaeffer remarked that being disrespectful to court staff is a sure way to get on a judge’s bad side.
Romance added that, for attorneys whose reputation is not quite what they want it to be, it’s not too late to build a better one. Do you have a reputation that you’re the person who’s always late? Do you have a reputation as the person who’s known to be difficult, doesn’t give extensions, or requires three or four follow-up calls or emails before responding?
“What is the reputation that you want,” Romance asked. “Take steps affirmatively to establish that reputation. Start one by one, little by little, re-establishing the reputation that you want to have in your community, in your firm, and it just takes one step and then another and another.”
Legal education and other professional development activities are necessary for success in the fast-changing practice of law.
This is particularly true in the area of technology competence, a topic that crops up everywhere these days: electronic filing, e-discovery, data security, and remote depositions and virtual court hearings. Several states (Florida, North Carolina, and New York) have all mandated technology education in recent years. New Jersey is considering adding a technology education component to its lawyer regulations as well.
Beyond strict legal education requirements, new litigators should learn how to network and add skills beyond those related to trial practice.
New litigators are responsible for their own professional development, Davis said. Their law firm won’t necessarily do it for them. She advised new lawyers to “put themselves out there,” so to speak—to meet new people, to grow their network, and be open to new experiences. Pro bono work, joining a firm committee or a bar committee, serving on a non-profit organization’s board of directors all present opportunities to develop professionally.
“Putting yourself out there, it can be scary, especially as a new lawyer, but being able to get out and open yourself up can help with your professional development,” she said.
Wellness is a topic of growing interest within the litigation community even before COVID-19, which added rapid change, uncertainty, and social isolation to the list of challenges lawyers were already coping with. In 2020, for example, the Illinois Supreme Court Attorney Registration & Disciplinary Commission noted 29% of sanctioned attorneys had cited mental impairment or substance abuse as a contributor to their alleged ethical lapses.
Davis said that she believes there is a connection between wellness and client service. Taking vacations and paying increased attention to physical fitness and emotional health will translate into delivering a better work product for clients.
Romance advised finding time to take vacations longer than just a three-day weekend. The first day of a short weekend break is spent wondering about work left undone at the office and the last day is spent worrying about the week ahead. Ergo, no vacation at all.
Schaeffer recommended that new lawyers find a hobby or some other fulfilling outside activity so that their sense of selfworth is not strictly tied to their sense of how their law practice is going. He added that the busiest lawyers he knows also take the most vacation time. It keeps them at the top of their game, Schaeffer said. n
This article provided by Esquire Deposition Solutions. Esquire Deposition Solutions supports more than 300,000 depositions annually, with seamless support for remote depositions. Since 1978, they’ve helped clients get the most out of every deposition. Learn more at www. esquiresolutions.com.
The legal field has evolved over the years—there is really no way to dispute that. This evolution has changed the field across the board—for in-house professionals, private practice attorneys and for staff. This momentum has also caused many teams to grow—putting legal professionals, both attorneys and staff alike, in a leadership position managing other team members. While this evolution is certainly a positive one in the field, many legal professionals find themselves in a leadership position with no formal leadership training or support for leadership-specific needs. Why does this matter? That is a loaded question.
According to Harvard Business Review, leadership development improves organizational performance by 25 percent and according to McKinsey, 65 percent of high-performing companies prioritize leadership development. So, in other words, a strong and highperforming team is directly correlated to strong leadership. And strong attorneys and staff translate to a strong business or firm. But the thing is, most professionals were not born with those skills. They are promoted to a leadership position based on how well they perform in their current role—with no guidance on how to manage other team members once they are elevated to that position. This is something that requires training and support— just like the day-to-day tasks they perform in their roles.
We have all heard this before. And, in my experience working with a variety of firms of all different sizes—this is absolutely true. I have seen it happen time and time again. According to LinkedIn, companies with leadership development programs report a 29 percent higher employee retention. The cost of losing an employee or attorney is nearly impossible to calculate—but it is safe to assume that it is not low when you consider the hiring and onboarding process of replacing them. Good leadership can be the linchpin in keeping your employees happy and therefore wanting to stay with your business or firm.
The Harvard Business Review reported that leadership development reduces team conflicts by 20 percent. A leader that knows how to not only manage effectively, but connect with
by Emily Hillman
their team members and provide support, will produce happy team members—which can be contagious! But, on the flip side, bad leadership can negatively influence team members. Imagine a team member frustrated by unclear expectations and little direction—without proper leadership, that discontent can ripple through the team and affect overall morale. An unhappy team member can be more contagious than a happy one.
So, now that you know how important leadership development is for your business or firm, what can you do about it? What does strong leadership look like and how do you achieve it? Strong leaders can:
• Think strategically,
• Communicate effectively,
• Lead with emotional intelligence and empathy, and
• Engage in cross-functional collaboration, especially with other attorneys, practice groups, and business or firm leadership. These traits are not innate in most people—these are skills that require training. Invest in leadership programs for your leaders and managers. The benefit will far outweigh the cost. Investing in this type of development will build internal credibility with firm leadership, create a culture of accountability and innovation, and enable better team retention and development. Whether it is one-on-one executive coaching, management training sessions or leadership cohorts, you can find what makes the most sense for your business or firm. The future depends on the leaders you develop today. Start by evaluating your current support systems—then act. Your team, and your organization, will thank you. n
Emily Hillman brings more than a decade of marketing, business development and client service experience to the Society 54 team. Emily has worked in various account management and client service roles throughout her career and enjoys building meaningful relationships with her clients and coaches built on trust, frequent communication, and respect. The last ten years of her career were spent in the legal industry, most recently as an in-house business development professional at an AmLaw 200 law firm. Learn more at https://society54.com/emily.
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.
• 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
Former Prosecutor, National TV Legal Analyst and Award-Winning Trial Attorney
DUI
Domestic Violence
Assault and Battery
Sexual Harassment - Plaintiff
Sexual Assault - Plaintiff
Murder AWARDS
• Super Lawyers – 2025
• U.S. News & World Report – Best Lawyers
• Martindale Hubbell AV Preeminent Rated Lawyer
• The Nation’s Top 1% – National Association of Distinguished Counsel
• The National Trial Lawyers: Top 100 Trial Lawyers
• Avvo.com Client’s Choice Award
• Avvo.com rating of 10 out of 10 as a top attorney practicing criminal defense based upon client reviews and peer endorsements
Kenneth Economy v. Sutter East Bay Hospitals, et al. was a California wrongful termination case in which the trial court found a hospital liable for restricting a physician’s privileges without providing notice and a hearing. The hospital was ordered to pay damages for lost income, future lost income and tax neutralization. On appeal, the hospital only challenged the trial court’s damage award for tax neutralization. The Court of Appeal opinion filed on February 4, 2019 confirmed the lower court did not err in awarding an additional amount of damages intended to offset the tax consequences of a lump- sum award for lost earnings. The opinion further indicated there were no reported California decisions regarding the concept of tax neutralization and that federal appellate courts had endorsed it. The Court held that a tax neutralization award was consistent with Civil Code section 3333 which provides for damages to include “the amount which will compensate for all the detriment proximately caused by the wrongful conduct.”
The purpose of a tax neutralization calculation as stated in the appeal was “to offset the increased tax burden on plaintiff resulting from a lump sum award of damages as compared to what plaintiff would have owed in taxes if the earnings had been received sequentially each year.” This tax neutralization award will neutralize the adverse tax consequences a plaintiff will face from having to pay taxes on a lump sum award in a single year instead of paying taxes at a lower rate over several years. Additionally, it will account for any changes in tax burden resulting from changes in income in both the past and future periods. I will illustrate this point with a simple example.
In this example, Mr. Brown was terminated from his job as a supervisor at Common Industries and filed a wrongful termination lawsuit against his former employer. At the time of his termination, Mr. Brown received $85,000 per year in earnings and an additional $15,000 per year in benefits, for a total of $100,000 annually. At the time of his termination, he had a remaining statistical work-life expectancy of 20 years. If he had worked for the company for an additional 20 years, he would have received a total of $2,000,000 in earnings and benefits ($100,000 per year times 20 years). Mr. Brown prevailed in his litigation against Common Industries and received a total judgment of $2,000,000. The award is taxable; therefore, Mr. Brown will pay taxes on $2,000,000 in the year
by Jamie T. Haven
the award is paid. Total federal and state taxes are estimated to be 50%, or $1,000,000.
If Mr. Brown had not been terminated from Common Industries and earned $2,000,000 in earnings and benefits over 20 years, the total amount he would have paid in taxes would have been less. His total earnings were $85,000 per year and the remaining $15,000 was the value of the benefits he received. He would have only paid taxes on the $85,000 per year. Mr. Brown would have been in a lower tax bracket earning $85,000 per year than he was in the year he received $2,000,000. If total federal and state taxes are estimated to be 30%, Mr. Brown will pay $25,500 each year for 20 years for a total of $510,000. In this simplified example, Mr. Brown should receive not only his lost earnings and benefits of $2,000,000 but also an additional $490,000 to account for the additional taxes he will now have to pay. However, this conclusion does not take into consideration several other factors which affect a tax neutralization calculation.
One factor that needs to be considered is the time value of money. In the example, Mr. Brown will have to pay $1,000,000 in taxes in the present day compared to $510,000 in taxes over 20 years. Due to the time value of money, the $510,000 Mr. Brown would have paid over 20 years should be discounted to present value. This is the same type of calculation which would have been performed when analyzing his loss of earnings and benefits and any offset earnings and benefits. All future amounts are discounted to present day dollars. This present value adjustment will decrease the value of the taxes paid over 20 years—thereby increasing the amount necessary to compensate him for his additional tax burden. For example, $25,500 per year for 20 years discounted at a 4.0% net discount rate is $346,554, instead of $510,000 prior to discounting. Once the time value of money is taken into consideration, the difference between taxes Mr. Brown would have paid had he not been terminated and the lump sum taxes he will now pay is $653,446, a 28% increase in the original tax neutralization amount of $510,000.
A second consideration is what additional amounts comprise Mr. Brown’s taxable earnings in any given year. The previous example assumes the only data necessary to determine Mr. Brown’s annual taxable income is his earnings from employment. However, in most instances this is not accurate. There are multiple other types of
income which need to be considered when determining one’s total taxable income. Examples are spouse’s income, dividends, interest, Schedule C income, capital gains and losses and rental income. These amounts can be considerable and drastically alter an individual’s tax burden. Additionally, one should consider the plaintiff’s tax filing status, the type of deductions the plaintiff would have claimed and any changes in the status of dependents. A review of historical tax returns is helpful in determining how each of these items should be accounted for in a tax neutralization calculation.
In a wrongful termination matter, post-termination or offset earnings are subtracted from the but-for earnings to determine a plaintiff’s economic loss prior to consideration of any tax neutralization amount. These post-termination earnings are also a factor when analyzing a change to a plaintiff’s tax burden. If the plaintiff is earning more or less than they had been prior to their termination, this will affect their tax burden. Taxes on this stream of income are considered along with taxes on the lump sum award when calculating the total taxes that will be paid by the plaintiff in his or her current situation. The same additional considerations are relevant for this income stream when calculating the total taxes that will now be owed: income to be included in taxable income, deductions, filing status and status of dependents.
Once the initial tax neutralization calculation has been performed, this is not the end of the analysis. I will illustrate this with a continuation of the previous example in which Mr. Brown was awarded $2,000,000. Assuming the economic expert
calculated a tax neutralization amount of $650,000, the result is total damages of $2,650,000. Therefore, the lump sum award is no longer $2,000,000 but instead is $2,650,000. The tax neutralization calculation now needs to be based on this updated award amount, which results in an increase to the tax neutralization amount. Each increase to the total lump sum amount awarded needs to be taken into consideration in the tax neutralization calculation.
In conclusion, a tax neutralization calculation can be a considerable component of damages in a wrongful termination matter. As the total amount of damages increases, so too does the tax neutralization amount. Depending on the specific facts of a case, this additional calculation can increase a total award by 50% or more. As illustrated with the Brown v. Common Industries example, a multitude of factors need to be considered when performing this type of calculation. It is a detailed and complex calculation with multiple inputs. Considering the complexities and possible economic magnitude of this type of calculation, one will want to ensure they engage an economic expert who is familiar with this type of calculation and the nuances involved. n
Jamie T. Haven is a Director at CBIZ in the Forensic Consulting Group in San Diego. She specializes in cases involving personal injury, wrongful death, wrongful termination and malpractice matters. She has performed economic damages analysis in more than 600 engagements and has provided expert testimony in superior court in California. Further information can be found at www.cbiz.com.
How Daryoosh Khashayar and His Team Deliver Justice Through Relentless Preparation, Teamwork, and Personal Investment
by Dan Baldwin
Kamran Amintaheri (Associate), Alicia Ramos (Office Manager), Sheila Khashayar, Daryoosh Khashayar (Founder), Angela Ness (Associate), Jessica Mason (Legal Assistant), Gianna Rivera (Legal Assistant), Taylor Marks (Associate).
Judges and juries are smart. You can’t look them in the eye honestly and with confidence to present a case effectively unless you really know—and I mean really know—your client. If there’s one difference between now and seven years ago, it’s our increased commitment to investing time really getting to know every client, and their particular situation” says Daryoosh Khashayar, Founder of Khashayar Law Group.
Physically, the firm has changed, too. They moved the main office to Little Italy with two more offices in San Diego and one in San Francisco. They currently have two full-time associates and three part-time associates supported by a dedicated staff of four fulltime assistants. They also are in the process of hiring two additional part-time assistants.
The firm has adopted several new technologies to enhance efficiency and client service. They have integrated cloud-based case management software to streamline document handling, calendaring, and client communication, ensuring the team stays organized and responsive. They have also implemented secure e-signature tools and client portals to make interactions more convenient, especially for clients who prefer remote engagement. They are also beginning to incorporate AIpowered tools for legal research and document review, which allows them to deliver faster, more cost-effective results without compromising quality.
Khashayar says expansion in facilities and personnel is important, but their ongoing total commitment to spending real time learning who their clients are, their worries and concerns, and their real needs is a key factor in the firm’s continuing success. “We have to be genuine and to do that you have to spend serious time with your clients. I’ve probably done a lot more of that in the last seven years than before. The more you do that, more it pays off for the client and the firm.”
He cites two cases that exemplify the type of client who faces not only legal challenges, but serious injuries and the accompanying mental and emotional challenges.
A client suffered a life-altering injury after slipping and falling outside the hotel entrance of a unit in a major hotel chain. He has had difficulty walking ever since. After a year of litigation, attorney Angela Ness secured an admission of liability from the defendants and is now focused on proving the full extent of the damages he’s endured.
Another trial, scheduled for later this year, involves a devastating incident where the client was struck by a commercial truck while riding a scooter. As a result, he is now confined to a wheelchair. Regaining his ability to walk is at this point uncertain. The defense denies liability, claiming the Khashayar client was at fault for riding on the wrong side of the road. “It’s a tough case, but one we are fully committed—because it’s a fight worth taking on,” Khashayar says.
Kamran Amintaheri (Associate), Angela Ness (Associate), Jessica Mason (Legal Assistant), Daryoosh Khashayar (Founder), Gianna Rivera (Legal Assistant), Taylor Marks (Associate), Alicia Ramos (Office Manager), and Sheila Khashayar.
Another shift in focus during the past seven years is a greater emphasis on taking referral cases to trial. Sixty to seventy percent of the firm’s caseload comes from referrals from other law firms who are aware of the firm’s willingness to take a case to trial if necessary. Khashayar says they can usually wrap up such cases in six months or less—sometimes within a month and a half.
“We only consider settlement when it aligns with our client’s wishes. Our focus is more on taking the cases that are not settling and where insurance companies are not paying. When another firm has a case that does not settle, they’ll try to settle it either at mediation or by themselves. When that doesn’t work, they call us and we’ll take it to trial. During the past seven years we’ve focused more on taking cases when they’re probably about 80 percent done and just setting it up and going to court. And winning,” he says.
“I have had the pleasure of working for Mr. Khashayar. I have watched him first hand in the courtroom and can tell you that he is the guy you want on your side because his performance only gets better under pressure. In addition, he goes to great lengths to care for each client and their case. I highly recommend Mr. Khashayar.” —Neda Shoushtari, litigation lawyer
Khashayar says, “I’ve actually gotten a couple of cases in Los Angeles where opposing counsel has referred me. In one case in Northern California where the opposing expert that I had cross-examined on a case that went to trial, the expert referred me to the other law firm and said, ‘Hey, call this guy to go try your cases.’”
The firm’s attorneys regularly collaborate with law firms across California, stepping in to assist with cases that need to be positioned for trial. One notable example involved a case in Los Angeles County referred by a local LA firm. Their client had received a “take it or leave it” offer of $700,000 from the insurance company for mold-related injuries to the plaintiff. After evaluating the case, Khashayar’s team believed its true value was significantly higher. They took over, conducted multiple depositions, brought in the right experts, and built the case for trial. Just one week before jury selection, the defense accepted a settlement demand, and the case resolved for $2.8 million. “While this case didn’t go to trial, the rigorous preparation and pressure we applied made the difference— resulting in an outcome that both the client and referring firm were extremely satisfied with,” Khashayar says.
Another standout case was Brownlee v. The City of San Diego in which their client suffered a trip-and-fall injury in Pacific Beach. Right before trial, the city offered only $100,000 and insisted they would win at trial due to the client’s 0.08 blood alcohol level. They further threatened to seek costs and fees because, they claimed, the case lacked merit. Khashayar and co-counsel Oliver Shami took the case to trial in September 2022. After four weeks the jury returned a $4.5 million verdict in their client’s favor voting 12-0 on 100 percent liability on the city. In another case, their clients were being offered $2 million while the matter was still with a different law firm. After taking over representation, Khashayar and his people aggressively prepared the case for trial. A year later, just before jury selection, they settled the case for $4.9 million.
In 2024, the firm participated in a high-profile, seven-week trial in San Diego involving two well-known local personal injury law firms. They represented one of the firms in this widely publicized case, which drew daily audiences of 90–100 people via Microsoft Teams. It was an intensely contested and closely followed trial. They tried that case with Co-counsel Bob Semnar and Oliver Shami.
“To earn those types of victories, often against great odds, you really must spend the time and make sure you understand what these clients are going through and how their day-to-day lives have changed. That’s the only way to give a glimpse to the jury of what these people’s lives have turned out as a result of these injuries. We may take fewer cases than some, but we win and we win big,” Khashayar says.
My management philosophy for a law firm is pretty much to have everyone here united as a team. The way that I run my law firm is, if someone makes a mistake, it’s okay, because we all make mistakes. We’re all human. I make sure that they’re all getting what they need to fully perform,” Khashayar says. He says his two associates exemplify the knowledge, experience and the caring attitude an attorney needs for success in their practice areas.
Angela Ness and Taylor Marks have been with the firm since 2016 and each has handled multiple trials and has been vital to the firm’s success in many of their court victories. Taylor Marks has handled a wide range of cases—from catastrophic car accidents throughout California and tripand-fall incidents at residences and businesses, to business disputes involving contracts and easements, property trespass, maritime wrongful death cases in Mexico, and medical malpractice. Angela Ness focuses her practice on business and real estate. Her current caseload is focused more on litigation than transactional matters.
Khashayar says, “I don’t think people like to be micromanaged and I don’t think that the business will function fully if you’re always micromanaging because you have to always be doing it. That means I can’t be doing what I want to do, which is go to court and fight for my clients. Find and trust the best people and you can’t lose. I don’t micromanage.”
Khashayar is passionate about automobile speed racing. Several times a year he and a few friends race tracks in Palm Springs or Las Vegas.
One success factor that hasn’t changed is the team’s commitment to quality over quantity in client selection. Khashayer says he would rather have 100 cases and get 98 to 100 percent of value than 10,000 cases where the client only receives 50 cents on the dollar. “We don’t want to get 10,000 clients walking into our door because then I won’t be able to have the manpower to give each client 100 percent of what they need. I don’t take every case that arrives because we couldn’t invest the time one-on-one to make sure we get maximum value,” Khashayar says.
Not only does Khashayar represent a wide variety of people in his community, he is actively engaged in improving the condition of people and families within southern California. At least three or four times a year he and members of the family and firm feed the homeless in downtown San Diego. He was inspired by his brother, also an attorney, who passed away of epilepsy. “He was heavy into feeding the homeless and I wanted to keep his legacy going. We’ve been doing this since 2016. Khashayar carries that commitment a step forward and has founded LOKK for Epilepsy, which is dedicated to finding a cure for the disease.
“Now my kids are old enough, they come with us in working with the homeless. We’ll order 200-300 In-N-Out burgers and hand them out ourselves with a bunch of blankets in the winter and little tents for the summer,” he says.
Khashayar and his wife of 19 years have two kids—a 14-yearold girl and a 15-year-old boy. The husband and wife are active in volunteering for parental school activities. These days he says his hobbies and interests focus on his kids, such as involving them in charitable activities and attending his son’s wrestling matches and his daughter’s volleyball matches.
Outside of the office and family fun and games, Khashayar is passionate about automobile speed racing. Several times a year he and a few friends go to race tracks in Palm Springs or Las Vegas. “We go on the track and try to push these cars to the limit as much as possible to try to get some of the adrenaline like in the courtroom while cross-examining a defendant. Pushing a car to its maximum level is a real thrill.”
That go-for-broke attitude is an asset in court knowing that the other side has the backing of huge corporations with experts flying in from all over the world. Khashayar isn’t intimidated by the odds. “At the end of the day, this is what I love about our justice system - no matter how much money you’ve got, and you’re a big corporation, and you have so many lawyers on that side, at the end of the day, we have 12 regular jurors. Each side gets the opportunity to express their case to 12 random people that don’t know either side and let them choose. Just look them in the eye with confidence and honesty and watch things play out in your client’s favor.” n
Contact
Khashayar Law Group
1350 Columbia Street, Suite 303
San Diego, CA 92101
858-509-1550 www.mysdlawyers.com
» EDUCATION
• John F. Kennedy School of Law – 1999-2003
• San Francisco State University, Psychology – 1998
» HONORS & AWARDS
• Top 10% in U.S. Civil Litigation –Lawyers of Distinction, 2017
• Winner of Top Verdicts in California – 2016 ($61,587,000.00)
» PROFESSIONAL ASSOCIATIONS & MEMBERSHIPS
• California State Bar – 2005-Present
• Consumer Attorneys of San Diego – 2007-Present
• Member of State Bar of California
Business Section – 2008-Present
• Member of State Bar of California Litigation Section – 2008-Present
• Member of State Bar of California
Real Property Section – 2008-Present
» BAR ADMISSIONS
• U.S. District Court, Central District of California
• U.S. District Court, Southern District of California
• U.S. District Court, Eastern District of California
• U.S. Court of Appeals, 1st District
If you haven’t tried ChatGPT yet, you’re missing out! It’s a powerful tool that can be used to save time across a variety of tasks. Is content creation one of the things that ChatGPT is useful for? While some people suggest using AI tools to write web content, most experts recommend against it. In this article, I’m breaking down what you need to know about using ChatGPT for creating your law firm’s website content.
ChatGPT and similar AI tools are extremely valuable if you’re looking to work smarter rather than harder. That being said, using these types of platforms does have a downside. Here are the key risks associated with using ChatGPT to create web content.
• ChatGPT can be wrong— and often is. One of the main problems with AI tools is the confidence with which they display incorrect information. Though the tools will always generate a response, you might not get accurate information. That would never be a great thing, but it’s especially troublesome for the legal industry. People searching for legal content must be able to rely on the truthfulness and accuracy of the information they find. ChatGPT relies on patterns in its existing training data, which can fall out of date (or be based on information that wasn’t correct in the first place). Proceed with caution when leveraging AI tools for information that you present as factual.
• AI tools are short on creativity and depth— ChatGPT cannot produce original ideas or content. It can only leverage information that’s already out there. Even if you are super careful about the prompts you enter, the content you get back is unlikely to be as engaging as what a human would write. Furthermore, you can’t expect such a tool to match your brand voice or be consistent with what you’ve already published. Readers who follow your blog or normally read your content are likely to recognize a different tone. AI-generated content lacks emotion and won’t be able to humanize your firm’s brand.
• Who owns AI content? Since we know that ChatGPT gets its information from the training data it has access to, there’s no good way to know where the information really
by Kevin Vermeulen
comes from. The content it supplies exists somewhere else on the web—but you have no way to cite the original publisher. That also means that if you prompt ChatGPT with “Write a blog article about 5 steps for filing unemployment claims”, what is returned will have been published elsewhere— maybe even by a competing firm. So, who would own that content? You wouldn’t just go to another firm’s blog and copy their content, but ChatGPT isn’t all that different.
• ChatGPT content can reflect biases—There can always be inherent biases present in the training data AI tools use. As of right now, we don’t really know the source of all ChatGPT data and how it’s reviewed for biases. We don’t know if information has been fact-checked or how. Information could exhibit stereotypes or make assumptions that make people uncomfortable. This could lead to all sorts of issues that you don’t want to deal with.
• Information can’t be verified due to a lack of crawling— ChatGPT cannot crawl the web like a search engine. Unlike traditional search engine results, ChatGPT is based on a current database and can’t “look around” for new information. That means content may not be up to date on the latest laws, regulations, rulings, or other important legal matters. Again, this is particularly troublesome for anyone offering legal insights. You’re much better off relying on the specialized expertise of your team, even though it takes more time.
Your website isn’t just a digital brochure—it’s your most important business development tool. The words on your site should reflect your firm’s expertise, speak directly to your ideal client, and guide visitors toward taking action.
That’s why using ChatGPT or other AI tools to generate web copy is particularly risky. Beyond the issues of inaccuracy, lack of originality, and brand inconsistency, AI-generated content often misses the mark on search engine optimization (SEO), user experience, and conversion best practices. In a competitive legal market, that’s a risk your firm can’t afford to take.
At Good2bSocial, the digital marketing division of Best
Lawyers®, we specialize in building high-performing legal websites that don’t just look good—they drive measurable results. Our human experts ensure your content is aligned with your brand voice, optimized for search, and strategically crafted to convert visitors into clients.
While we don’t recommend using ChatGPT to write your law firm’s website content from scratch, that doesn’t mean AI tools have no place in your marketing workflow. When used thoughtfully, they can support your content creation process without compromising quality or credibility. Here are a few ways law firms can leverage ChatGPT strategically:
• Brainstorming content ideas If you’re stuck on what to write about, ChatGPT can help you quickly generate blog topic ideas based on your practice areas or common client questions.
• Creating first drafts for internal content ChatGPT can assist in drafting internal documents, social media captions, or outlines for longer-form content that a human will then refine and edit.
• Summarizing complex legal topics AI can be useful for distilling large amounts of information into simpler summaries—as long as a legal professional reviews and verifies accuracy before publishing.
• Repackaging content for different channels Repurpose your existing content into email copy, meta descriptions, or content snippets for platforms like LinkedIn by using AI to speed up formatting and ideation.
• Grammar and clarity checks Tools like ChatGPT or Grammarly can help clean up grammar and improve sentence clarity during the editing phase.
Pro Tip: Always treat AI-generated content as a starting point, not the final product. Human insight, legal accuracy, and emotional intelligence are still irreplaceable—especially in an industry built on trust.
There are many great use cases for ChatGPT, but creating web content isn’t one of them. In fact, doing so can actually hurt your brand if the information you share is inaccurate, out of date, or just plain unengaging. Remember, part of the appeal of original content is to connect with your audience at a more human level. Relying on technology may have the opposite effect. 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.
You’ve likely lived this scenario.
It’s Monday morning. You have a deposition at 10, a court call at 2, and a mountain of emails to sift through. Your paralegal pokes her head in: “Hey, did anyone ever follow up on that new lead from Thursday?” You haven’t heard a thing.
You join a hastily scheduled Zoom meeting where no one seems prepared. The marketing head talks about leads. Finance interjects with cashflow concerns. Operations need clarity on hiring. Forty-five minutes go by. You hang up frustrated, knowing nothing really got done.
Afterward, a partner swings by: “Hey, what did we decide about intake scripts?” You sigh. “I don’t think we actually decided anything.”
Welcome to the paradox of modern law firm life: we have too many meetings and not enough communication.
How is that possible?
Because what most firms suffer from isn’t over-communication, it’s misaligned communication.
According to a study by McKinsey, employees spend nearly 61% of their workweek on “work about work”—status updates, internal communication, and meetings—not actual productive tasks. Harvard Business Review reports that senior executives spend nearly 23 hours a week in meetings, and 71% of them say meetings are unproductive and inefficient.
The legal profession isn’t immune. In fact, we might be one of the worst offenders.
Lawyers are busy. Everyone is in trial prep, answering client emails, or billing time. So, we add more meetings to fix the problem—weekly check-ins, project updates, all-hands. But instead of solving issues, we drown in overlapping conversations, vague follow-ups, and inconsistent decision-making.
At the same time, critical information isn’t shared across departments. Marketing launches a new campaign, but intake doesn’t know how to qualify the leads. A new associate is hired, but no one trained them on file naming protocols. Sound familiar?
What this creates is not just inefficiency—it’s exhaustion.
“Too Many Meetings” Isn’t the Problem—Inefficient Ones Are: Communicate Better and Save Time
by Ryan McKeen
I’ve lived this chaos. At my firm, we grew from a napkin-andPanera vision to a $100 million verdict and a thirty-person team. But in the early years, it was messy. We were reactive, putting out fires, and throwing more meetings at the problem.
We were trying to scale without a map.
Eventually, we discovered that the issue wasn’t just our communication—it was our lack of a system for it.
That’s why we built The Way —a law firm operating system designed specifically for small and mid-sized firms. It’s how we transformed our leadership team from stressed-out survivors to aligned strategic thinkers.
It’s how we cut meeting time, improved decision-making, and turned our firm into a business we actually loved running.
The problem with law firm meetings isn’t quantity—it’s quality and clarity.
The Way flips the typical meeting culture on its head. Instead of endless unstructured discussions, we use a rhythm of short, purpose-driven meetings that keep the team aligned and the business moving forward.
Here’s how it works:
1. Weekly Check-Ins (30 Minutes Max) We run sacred 30-minute meetings each week with our leadership team. The agenda is simple:
• Good news (1–2 minutes each)
• Progress snapshots (quick “on schedule” or “off schedule” updates)
• KPI review (to make sure the business is healthy)
• One pressing opportunity (a real problem we tackle together)
That’s it.
We don’t talk in circles. We don’t problem-dump. We don’t meet unless we have a reason.
These check-ins have saved us hundreds of hours. More
importantly, they’ve made our leaders accountable for their priorities.
2. Monthly Stops (90 Minutes) Once a month, we replace a weekly check-in with a deeper 90-minute review where we explore three opportunities in the business—things we’ve been observing and tracking.
This meeting creates space for reflection, cross-functional problem-solving, and strategic pivots.
3. Quarterly Milestones Every 90 days, we run a half-day planning meeting. We review how the last quarter went, identify missed goals (and why), and reset priorities for the next 90 days.
Everyone leaves that meeting knowing exactly what they’re responsible for—and how success will be measured.
4. The Annual Meeting (The Big One) The annual meeting is where alignment becomes reality. We reflect, set our 5-year vision, define quarterly milestones, and recommit to our firm’s values.
For a lot of firms, this is the first time the leadership team is truly rowing in the same direction.
And that, in my experience, changes everything.
When you implement The Way, something surprising happens: your firm gets quiet.
The “just checking in” messages disappear. You stop playing calendar Tetris with everyone’s schedules. Team members start solving problems on their own—because they already know the goals, systems, and expectations.
The result?
More time. More energy. Better decisions. That’s not just our experience—it’s what the research shows:
• Companies with highly effective communication practices had 47% higher total returns to shareholders over a five-year period (Towers Watson).
• 86% of employees cite lack of collaboration and ineffective communication as the main causes of workplace failures (Salesforce).
• High-performing teams are twice as likely to have clarity on goals and individual responsibilities (Harvard Business Review).
When law firms build a communication system that reinforces clarity and accountability, the business doesn’t just survive—it scales.
The genius of The Way is its simplicity. You don’t need an expensive consultant, a team of MBAs, or a complicated org chart to implement it.
You just need to:
1. Run a proper Annual Meeting with a clear destination and quarterly milestones.
2. Create a cadence of check-ins (weekly, monthly, and quarterly).
3. Assign responsibility for each milestone.
4. Track a small set of KPIs to know whether the business is healthy.
5. Stick with it. Over time, you’ll start noticing things:
• People stop asking what the priorities are.
• Deadlines don’t slip through the cracks.
• Morale improves, because clarity reduces stress.
• Leadership becomes a team sport.
I’ve talked with dozens of firm owners who have some version of this confession:
“Honestly, we’re kind of just winging it.”
There’s no shame in that. Most of us didn’t go to law school to run businesses. But here we are.
What The Way offers is a blueprint—not just for meetings, but for alignment, accountability, and long-term success.
You don’t have to wing it anymore.
You can lead with intention.
You can give your team structure.
You can run meetings that actually move the business forward.
And if you do, the business you’ve always wanted isn’t just possible—it’s inevitable.
You don’t need more meetings.
You need better meetings, guided by a better system.
The Way was built by lawyers, for lawyers. It’s designed for small and growing firms who want to stop reacting and start leading. It’s not fancy. It’s not magic. It just works.
In our firm, implementing The Way tripled our revenue in three years—not by working more, but by working smarter.
If your leadership meetings feel aimless, your team seems confused, or your calendar is filled with noise—The Way might be the solution you’ve been looking for.
Let’s stop wasting time. Let’s start building the business you deserve. n
Ryan McKeen is a co-founder of Best Era, LLC. Ryan has an 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.
Let’s get it out of the way: Referrals still reign supreme when it comes to getting new clients. In the 2025 edition of Greentarget and Zeughauser Group’s survey of decisionmakers, “recommendations from sources you trust” is the No. 1 method clients use to find new outside counsel, cited by 92 percent of in-house counsel and 86 percent of C-suite executives. While referrals remain the dominant go-to method for your potential clients, they are also frustratingly finite: Your potential referrals are limited by your personal network. While the Pew Research Center estimates that most of us have about 634 ties in our overall networks, the number of relationships we can maintain for mutual benefit (i.e., I do your legal work, and you refer me to a friend) is 150.
So how can you attract clients outside your 150 ties? Let’s look at the other tactics your prospects turn to:
Writing and speaking take second place with both inhouse counsel and C-suite leaders, used by 78 percent and 74 percent, respectively. And for good reason: both provide the equivalent of free samples of your perspective and your approach—exactly why they would hire you. The influence of your writing and speaking is amplified when it is delivered through a publication, organization or event they highly trust.
If your law firm website was a store, the biography is your product description, showing potential clients your experience, background and—ideally—the benefits they can expect by hiring you. Bios are reviewed by 67 percent of in-house counsel and 74 percent of business leaders. Related, your LinkedIn profile matters, too: It’s consulted by 62 percent of in-house lawyers and 74 percent of the C-suite.
by Katie Hollar Barnard
While they lack the third-party endorsement of a major publication or trade organization newsletter, blog posts on topics that are relevant to their particular industry or issue are used by a majority of potential clients in the scouting process—62 percent of in-house counsel and 57 percent of executives.
Love them or hate them, accolades like Chambers, Benchmark, IP STARS and others still carry weight with more than half of your prospective clients—56 percent of in-house lawyers and 62 percent of executives.
Being quoted as an expert source helps with fewer than half (42 percent) of in-house lawyers, but earned media remains a popular way to reach business leaders, with 51 percent considering quotes in their attorney searches.
Posts on X (formerly Twitter) took a precipitous drop in this edition of the survey, going from use by 48 percent of the C-suite to just 36 percent, and from 21 percent of in-house lawyers to just 13 percent.
Meanwhile, law firms should not be overly concerned with their Wikipedia pages, referred to by 24 percent of C-level executives and 13 percent of in-house lawyers.
To reach potential clients outside your immediate network— and to bolster your standings among referrals who look you up—consider four activities:
1. Pursue writing and speaking opportunities with outlets that are relevant to your target clients. Think beyond bar events; what conferences or conventions do your prospects attend? Where do they speak or sponsor? What do they read? Some light LinkedIn stalking can be very informative.
Want to be a true authority in your priority industries or markets? Consider conducting a survey to position yourself as an authority with exclusive insights.
2. Update your firm biography. This website page may be the most powerful document in your marketing arsenal, capturing the attention of two out of three in-house counsel. Make it current and compelling, and make sure it provides evidence of your capabilities, not just claims.
3. Show your expertise through content. Publishing insights and analysis on your firm’s website gives you an owned media channel that can impress potential clients and draw additional traffic, expanding your network even more. Make it useful, current and concise.
4. Take a purposeful approach to awards and rankings. The Greentarget/Zeughauser report refers to these as “icing on the cake” for your prospects; they may not get you the work on their own, but they can serve as a third-party seal of approval in the consideration process. Survey your competition: Where are they ranked? Where can you unseat them? Are there any industry awards—e.g., the ‘Widget Industry Lawyer of the Year’—that could mean more to your clients than another lawyer-to-lawyer prize?
Choose one award you can either add or upgrade, and play to win. In 2025, nearly half of attorneys and law firm marketers said that business development will be harder than in 2024, according to BTI Consulting—and that was before increased chatter about a possible recession. In this kind of environment, it’s dangerous to rely on passive referrals alone; improve your business development probabilities with marketing communications tactics that are shown to get the attention of the prospects who matter most. n
Katie Hollar Barnard Is the Founder and Chief Executive Officer for Firesign to help legal industry clients attract, win, and retain business. She draws upon more than 10 years of experience at two of the nation’s largest law firms to build brands that connect and business plans that deliver. Learn more at www.firesignmarketing.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
Contentious divorces often involve years-long battles over child custody, asset division, and spousal support. False claims of infidelity, domestic violence, child abuse, or financial misconduct are unfortunately common in highconflict family law cases.
One party may attempt to control the narrative by defaming their former spouse on social media. They may create fake profiles, connect with their ex’s contacts, and post lies designed to inflict maximum reputational harm.
For these situations, family law attorneys should consult defamation counsel to evaluate any potential claims, remove unwanted online content, unmask anonymous online actors, and mount an aggressive defense.
• Determining the necessity of a defamation lawsuit Are the false statements made by an ex-spouse or in-laws actionable?
Could a properly worded demand letter stop the defamation and harassment and return your client’s leverage?
Defamation counsel can roadmap a potential lawsuit— separate from the family matter—including the likelihood of success and claim valuation. Family law clients must consider that a new defamation lawsuit may increase hostilities between the parties—is it worth it? Would a defamation lawsuit serve the client’s overarching family law matter or make matters more acrimonious?
• Preventing client liability Amidst emotional turmoil, family law clients may be tempted to retaliate by making their own accusations online. Defamation counsel can educate clients on defamation laws and help them avoid liability while still defending themselves.
• Enforcing non-disparagement agreements Nondisparagement agreements may be essential components of a resolution plan for family law matters. Defamation counsel can provide proper language for those agreements to ensure they are enforceable, clear, and can be used to navigate alleged breaches of those agreements.
• Crafting effective demand letters Attorneys without defamation legal experience can draft a demand letter involving complained-of speech—but it’s unlikely to be an effective one. A mediocre demand letter does nothing more than
by Max Goodman
inform your adversary that you hired counsel—a waste. A defamation attorney can help you to create a proper demand letter that explains why the offending speech is defamatory (i.e., specifically, why is it unlawful rather than merely disparaging). Is a defense or privilege implicated by their offending speech? Address it in the demand letter explaining why it is inapplicable. Pre-emptively defanging their defense will leave them with nothing other than the fear of an adverse verdict. Your defamation attorney will follow up the letter with a call to discuss what you truly want and to explore paths there.
• Consult early Address defamation concerns at the outset of a case to prevent long-term damage. Defamation claims must usually be brought within one-to-three years from publication (depending on the state).
• Monitor online activity Monitor social media and public statements that could harm a client’s reputation.
• Take immediate legal action Issue demand letters, request content removals, and file lawsuits when necessary.
• Include reputation protection in settlements Nondisparagement agreements requiring prompt arbitration for breaches with attorney fees flowing to the prevailing party. These should be non-negotiable terms.
Defamation attorneys should not charge for those consultations or case work-ups (we don’t).
False accusations and online defamation can derail a family law case, affecting everything from custody arrangements to personal and professional reputations. By consulting with a defamation attorney, family law attorneys can provide a more comprehensive legal strategy for their clients. n
With a strong litigation background, attorney Max Goodman defends individuals and business clients against internet defamation claims, doxing, social media harassment, and false light matters while protecting reputations and advocating for free speech. Understanding the evolving legal challenges surrounding reputation management, Max works tirelessly to unmask anonymous online bad actors, overcome jurisdictional challenges inherent in social media defamation matters, and hold those hiding behind their devices accountable. Learn more at www.amundsendavislaw.com.
