Attorney Journal | Volume 103, 2012
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If you are looking to refer a personal injury case, go with a winning team. We handle San Diego’s biggest serious personal injury, wrongful death, products liability and mass torts lawsuits. We also love working with other lawyers and pay generous referral fees. Give us a call.
www.thegomezfirm.com
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Attorney Journal | Volume 103, 2012
For more information, please contact: Yolanda S. Walther-Meade, VP, 858.504.0188 | yolanda@thegomezfirm.com 625 Broadway, Suite 1200 | San Diego, CA 92101
TABLE OF CONTENTS features
2 0 1 2 E D I T I O N — N O .103
VOLUM E 103, 2012
4 Business Growth Depends on Multilevel Marketing—Rain Today SHARON BERMAN
8 NICHE PRACTITIONER OF THE MONTH SPENCER SKEEN
8 12 Writing Your Personal Marketing Plan LARRY BODINE
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14 COMMUNITY newsn
EXECUTIVE PUBLISHER Brian Topor EDITOR LeAnn Gerst CREATIVE DIRECTOR Julianne Gleaton CIRCULATION Angela Watson
16 ATTORNEY OF THE MONTH COLE CASEY 26 COURT REPORTING FIRM OF THE MONTH HUTCHINGS COURT REPORTERS 30 How to Use White Papers as Your Secret Weapon DAVID V. LORENZO
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PHOTOGRAPHY Bronson Pate Vinit Satyavrata STAFF WRITERS Jennifer Hadley Nalen Green Karen Gorden CONTRIBUTING EDITORIALISTS David V. Lorenzo Sharon Berman Larry Bodine WEBMASTER S. Chorng ADVERTISING INQUIRIES info@AttorneyJournal.us EDITORIAL INQUIRIES Editorial@AttorneyJournal.us
Editorial material appearing in Attorney Journal is an informational service to readers. Article contents are the opinions of the authors and not necessarily those of Attorney Journal. Attorney Journal makes every effort to publish credible, responsible advertisements. Inclusion of product advertisements or announcements does not imply endorsement. Attorney Journal is a trademark of Sticky Media, LLC. Not affi liated with any other trade publication or association. Copyright 2011 by Sticky Media, LLC. All rights reserved. Contents may not be reproduced without written permission from Sticky Media, LLC. Printed in the USA
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Does
the term
“multilevel
marketing” conjure up images of
people signing up their friends and relatives to sell cosmetics, jewelry, vitamins, and household gear, with all the money flowing toward the top of a pyramid? If so, you will probably cringe if
I
suggest you become a multilevel marketer.
But
there is another definition of multilevel marketing that is much more relevant to professionals. It means marketing your services on multiple levels, concurrently in several realms.
Why is it necessary to do that? One reason is that marketing at multiple levels sustains your pipeline so you don’t run out of work.
Because
it can take a long time to convert a lead
into a client, it’s important to keep prospects moving into and along the pipeline while you’re satisfying existing clients.
A
second reason for marketing at several levels is that
marketing is a numbers game.
Since
an empty pipeline usually
leads to panic-driven, poorly planned marketing efforts, it’s vital to generate leads continually to feed your pipeline.
A
third reason for marketing at multiple levels concurrently is that some business development projects take longer than others, and some are more important than others, but they all need to get done.
There are three main levels to consider in your marketing, and each of them has a few sublevels.
Business Growth Depends on Multilevel Marketing — Rain Today by sharon berman
Sharon Berman is principal of Berbay Corp., a marketing consulting firm specializing in working with professional service firms. She can be reached at berman@berbay.com
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Attorney Journal | Volume 103, 2012
1. Marketing Based on Relationships and Degrees of Separation Professionals often tell me that all of their business comes from personal contacts and referrals. But isn't that true of everyone? After all, every relationship begins with a personal contact, whether its source is a cold call or a referral. What really matters is what you do with the opportunity—how you nurture it and make it blossom. That's where marketing on several levels comes in, specifically with regard to degrees of separation. One degree of separation is current clients. I'm always surprised when I encounter lawyers, accountants, architects, and other professionals who believe that their marketing begins and ends with doing good work for current clients. Good work is a given— assuming the client knows what good work is—but it isn't enough. It's just as essential to build on your relationships with current clients, using maintenance and penetration marketing. This means taking advantage of every opportunity to solidify the relationship as you communicate with the client in the course of your work. Continually demonstrate that you have clients' interests at heart. Keep educating them about the range of services you provide so they don't pigeonhole you according to your current assignment. In addition, identify other prospects within a current client's business or firm and determine how to obtain an introduction. These could be individuals employed in another division or office at the client's company, or even at the same location, who work on a different product or service line and may therefore require different services from you. More degrees of separation: former clients, prospective clients, referral sources, and influencers. While remembering the last person who visited your office is easy, a prospect with whom you had a terrific lunch may be hard-pressed to recall your name just a week later. That's why it's necessary to keep reminding people at
more than one degree of separation—former clients, prospects, referral sources, influencers, etc.—who you are and what you do. Creating the top-of-mind awareness that makes them call you automatically when they have a need hinges on building relationships with these people so you can move them through the marketing pipeline, from prospect to client and potential referrer to actual referrer. Depending on their priority and the way they like to communicate, you can stay in touch through phone calls, email, direct mail, and social media. 2. Marketing on a Scope-of-Project Level Some projects have a finite scope, such as developing a template for an email blast. You can jump on it, get it done, and cross it off your list. Then there are longer, more complex projects on which you can work concurrently at a different level. An example might be championing the development of your firm’s customer relationship management system, which may involve encouraging your professionals to cull through stacks of business cards they have stashed in their desk drawers. The project might involve a series of meetings with department heads, IT, and marketing to evaluate new CRM software or modify your current technology. While you're moving such a challenging project along, you can keep your marketing going on several other levels, keeping shorter-term projects progressing simultaneously. 3. Marketing on a Priority Level Some marketing actions can't wait until tomorrow if they are to produce value. For example, today's success may warrant a press release, and it needs to be done quickly or the news will
get stale. At a secondary priority level are finite events coming up on your calendar. While they are not priority one, it's important to think about them ahead of time in order to maximize your ROI. For example, if you're scheduled to exhibit at a trade show or speak at a conference, capitalizing on that opportunity involves planning ahead, developing a timeline, and assigning responsibility for tasks, although you don't need to do everything today. At a third priority level are aspects of marketing that may not rise readily to the surface but are nonetheless very important. For instance, you may have a goal to be seen as the expert in a burgeoning area, but you don't quite know how to tie the pieces together. These projects usually require more research or simply time to consider and let ideas percolate, but they can't be ignored. At yet another level are ongoing marketing initiatives. Examples are networking, adding content to your website, blogging, and participating on LinkedIn, Facebook, and Twitter. As you deal with more urgent matters, it can be tempting to put off lower priority items until everything else is complete, but then they will never get done and you will miss out on one of your marketing levels. Organization Matters Like it or not, if you want to grow your practice or firm, you need to become a multilevel marketer. While you won't have to organize parties to sell cookware or cleaning products, you do need to "sell" you and your firm, and it needs to be done on many levels to keep your business thriving.
Across the globe. Across the country. Across the kitchen table. Ryan Ashton Financial Advisor 1200 Prospect Street, Suite 500 La Jolla, CA 92037 858-729-5251 800-231-9628 ryan.ashton@ubs.com
As you look to protect and grow your wealth, it’s important to work with a firm that has a unique global perspective, translated through the relevant and trusted advice of a Financial Advisor. Together, we’ll craft your own unique plan, and work with you every step of the way to help you achieve it—on your terms. Advice you can trust starts with a conversation.
ubs.com/fs As a firm providing wealth management services to clients, we offer both investment advisory and brokerage services. These services are separate and distinct, differ in material ways and are governed by different laws and separate contracts. For more information on the distinctions between our brokerage and investment advisory services, please speak with your Financial Advisor or visit our website at ubs.com/workingwithus. Neither UBS Financial Services Inc. nor any of its employees provides legal or tax advice. You should consult with your personal legal or tax advisor regarding your personal circumstances. UBS Financial Services Inc. is a subsidiary of UBS AG. ©2011 UBS Financial Services Inc. All rights reserved. Member SIPC. 31.17_Ad_7x4.875_VR1220_AshR
Attorney Journal | Volume 103, 2012
31.17_Ad_7x4.875_VR1220_AshR Created
09/02/10
Dimensions Inks
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Attorney Journal | Volume 103, 2012
Attorney Journal | Volume 103, 2012
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FULL
CIRCLE by karen gorden
SERVICE, LEADERSHIP & EMPLOYMENT DEFENSE MAKES THE BUSINESS WORLD GO ROUND FOR SPENCER SKEEN
I
p hotograph y by Bronson Pate
t was more than 85 years ago when then President Calvin Coolidge said “The chief business of the American People is business.” Spoken decades before Spencer Skeen, partner with Fisher & Phillips, LLP, in San Diego, was even born; those words certainly still soundly resonate with him. Growing up in Northern California, Skeen’s mother owned a small interior design business. From early childhood, it was clear to him that running a small business offered tremendous personal rewards. However, he also saw just how professionally frustrating running a small business could be for the owner. While
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fascinated with the business field, Skeen initially chose to avoid business, instead planning to follow in his father’s footsteps and pursue a career in education. That decision changed suddenly in Skeen’s senior year at UC Davis, as a result of a professor’s nudging, and he switched gears, deciding to pursue a career in law. During his time at the University of the Pacific, McGeorge School of Law, Skeen developed a solid belief that “the small business community is the backbone of our society.” In that regard, he shared Coolidge’s sentiments, but he added his own philosophical take on business.
JOURNAL
FEATURED CTITIONER NICHE PREAM O OF TH
NTH
2012
Attorney Journal | Volume 103, 2012
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“I believe that leading is a good thing. Serving others is better. Serving and leading, at least for me, is the best of all. I strive to find ways that I can use my leadership skills and education to serve those who need it,” he says. He soon found that he could accomplish just that by becoming an employment defense attorney. CIRCLE OF TRUST With leadership and service being the cornerstones upon which he would build his own business, it seemed only natural to Skeen to view his clients as more than just clients. “At the beginning of any client relationship, I treat my clients as business partners. I am always trying to see things from their perspective, evaluating the legal issues, litigation strategy, and the associated benefits and risks of proceeding, with the company’s short- and longterm business objectives,” he explains. In many of Skeen’s cases, which run the gamut from labor and employment defense, wrongful termination, discrimination, harassment, wage and hour, and class action litigation, this means avoiding trial altogether. To illustrate, he says, “Several years ago, one of my clients suffered a terrible fire at its business premises. The business had to be closed for several months. The insurance company did not immediately pay under the business interruption policy. So my client was out of business, with no income for several months. Litigation ensued. My client found themselves being sued by numerous vendors, its landlord, and its employees. At one point, I was defending four or five separate lawsuits all the while teeing up potential litigation against the insurance carrier. The client was on the verge of bankruptcy. Through creative, outside-of-thebox thinking, and by working closely with the client as a business partner, we resolved all pending or threatened litigation on very favorable terms. We were also able to secure outside counsel to litigate against the insurance carrier and obtain a favorable settlement. The business was saved and the relationship with the client was solidified for good. The owners of this business are very dear friends to this day.” A lasting attorney-client relationship is indeed a terrific reward for Skeen. But the lasting friendship is something he places equal value on, and more times than not, winds up being the biggest reward
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of a case. Yet, it doesn’t happen by mere chance. OUTSIDE OF THE LEGAL SPHERE At the same time that Skeen is treating his clients as business partners, he’s also consciously looking to maximize his service and leadership know-how to the benefit of clients. “I try to find ways outside the legal area that I can assist my clientele, whether that be through referral of potential customers, establishing relationships with key vendors, or by helping them identify and take advantage of promotional opportunities. I nominate my clients for community and trade awards when appropriate, and do everything else in my power to advance their reputation and chances for success. Over time, many of my clients treat me as part of their family and I am honored they feel this way,” he says. Skeen doesn’t hesitate to admit that as a result of his efforts, he is often rewarded with new business, but he doesn’t put forth these extracurricular efforts with the goal of earning additional business. Instead, he pursues causes and goals that he’s passionate about, and often by doing so, he earns the business of new clients. “I volunteer for organizations that matter to me. From serving on small business organizations like the Small Business Advisory Board, the Neighborhood Market Association (NMA), and the San Ysidro Chamber of Commerce, to participation in the Alumni Board for my alma mater, serving others in a volunteer capacity has been extremely rewarding. It has provided me with the opportunity to give back to my law school and the local small business community. It has also helped me make numerous, lasting professional relationships,” he says. Skeen’s passion for helping small business owners through his role as General Counsel for organizations like NMA is, oddly, anything but a small responsibility. The association, which counts more than 2,000 individual businesses, totaling more than 22,000 individual jobs, called upon Skeen as a result of his tireless work with the Small Business Advisory Board for the City of San Diego. Once again, due to his unwavering dedication to service and leadership, Skeen was honored to accept the pro bono position. All the same, the added effort takes time, rendering Skeen a very busy attorney. In fact, he sleepily admitted to getting only one hour of sleep the night prior to our interview. “Last night at midnight I
SPHERE OF INFLUENCE It’s important to note that while Skeen gives a tremendous amount of his spare time to service work for small businesses, at least 50% of his time is spent defending larger companies and class actions with millions of dollars in potential exposure. After all, nobody ever said “The chief business of the American people is small business.” On the contrary, Skeen is acutely aware of the fact that businesses of all sizes need a passionate defense attorney. So with the same gusto he puts into representing small businesses, Skeen also represents multi-billion dollar software companies, national restaurant chains, and the like. For Skeen, exuding leadership and being of service is simply all in a day’s work, but his effort hasn’t gone unnoticed by clients, peers, or even the legal system as a whole. In fact, just last year, he had a major Ninth Circuit decision published (Oliver v. Ralphs Grocery Company). The court held in that case that a plaintiff alleging noncompliance with the Americans with Disabilities Act of 1990 could not seek judgment based on architectural features not identified in his complaint. Moreover, in 2011 alone, he was named a Top Attorney by the San Diego Daily Transcript, he was again selected for inclusion in San Diego Super Lawyers (a recognition he’s received each year since 2008), and he was selected as one of San Diego’s Top Attorneys by SD Metro Magazine. Suffice to say, when it comes to blending service and leadership with employment defense, Skeen’s sphere of influence is limitless. n
EXPERIENCE
got a call about an ex parte hearing brought by the Plaintiff ’s counsel in a wage and hour lawsuit. He brought three separate motions. We prevailed on each motion and the client was very pleased, so it was absolutely worth the long night.”
»»EDUCATION: • B.A., English, University of California at Davis • J.D., Pacific McGeorge School of Law, With Great Distinction, Order of the Coif
»»HONORS: • Top Attorney, San Diego Daily Transcript, 2007, 2008, 2011 • San Diego Super Lawyers, 2008, 2009, 2010, 2011 • San Diego’s Top Attorneys, SD Metro Magazine • Co-Chair, San Diego County Bar Association, Labor &
Employment Section, 2011-13 • Published decision: Oliver v. Ralphs Grocery Company, 9th Cir. 2011, No. 09-56447
Spencer Skeen 4747 Executive Drive, Suite 1000 San Diego, CA 92121 Tel: (858) 597-9611 E-mail: sskeen@laborlawyers.com www.laborlawyers.com
»»AREAS OF PRACTICE: • Class Action Defense • Labor and Employment Litigation • Unfair Competition and Trade Secrets Litigation • Americans with Disabilities Act • Wage and Hour Law
Attorney Journal | Volume 103, 2012
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D oes
the management at your firm simply
dress up the lawyers as hunters , send them into the woods , and tell them to shoot at anything that moves ?
I nstead ,
you should
practice premeditated business development and make
2012
the best year financially in
your career .
Be
aware
galore .
A
that
there
are
opportunities
recent survey showed that
70%
of corporate clients are unhappy with their primary law firm .
T hat ’ s
a chance for you
to put their business into play .
T here are also threats galore out there . Y our firm ’ s top 50 clients are the target list for every other law firm , so make sure you are very close with your clients and that they are satisfied with your work .
Your Individual Sales Plan
Writing Your Personal Marketing Plan by larry bodine
Larry Bodine is a Business Development Advisor based in Glen Ellyn, IL. He helps law firms get more clients and earn more revenue by conducting business development training sessions, individual coaching sessions, and firm-wide strategies. He can be reached at 630.942.0977.
If you really want to boost the revenue you bring in to your firm by $75,000 to $100,000, you must have a written plan to devote 100 to 200 hours per year to business development. One hundred hours a year is only two hours a week, and any lawyer can find that time in meeting a referral source for coffee, taking a client to lunch, or attending a trade association meeting after work. Your aim is to develop or deepen relationships, because new business comes in person. Your plan should be filled with face-to-face meetings with clients and targets. The firm’s Web site, brochure, articles, newsletters, public relations, direct mail marketing, announcements, and press releases will generate leads for your sales effort, but you have to go out and make the sale. Keep several things in mind: • A sales call is not a pitch. No one wants to hear about your credentials. A sales call is an interview where you are asking questions to learn about the client’s business. • Don’t make any cold calls because they rarely succeed. Focus on people you already know. • Build on your strengths. If you like to
12 Attorney Journal | Volume 103, 2012 12 Attorney Journal
speak in front of a crowd, find a meeting of clients and do so. If you are more comfortable one-on-one, then plan dinner parties and private get-togethers where you can talk. Mix business development into your outside activities, hobbies, club memberships, and events you enjoy.
have a great track record. So what? So do most other lawyers. Clients presume you have good enough credentials or you wouldn’t be at the meeting. But getting the sale comes not from pitching the target about how great you are, but from asking questions about their legal needs so that you can help them.
• By making the effort, you have already succeeded. The key is to change your behavior, not get instant results. Closing a sale takes months of time spent in advance. The more people you know and the more activities you undertake, the better you’ll do over the long run.
3. Presume, instead of ask questions. Simply because you’ve done a client’s work for ten years doesn’t mean you’ll keep it. There could be a new CEO or GC who will bid out all the legal work, including yours. Or a major costcutting effort could have started at the client corporation, and it could be aimed at legal costs. Always inquire about “what’s new” at the company and follow up with questions like “tell me more about that” and “what makes you say that?”
Elements of Your Plan Page one of your individual sales plan should be a list of your top ten clients. Set a date when you will visit the client at their premises and make plans to get to know as many people there as possible. This is the low hanging fruit; clients already trust you, send you work and mail you checks. Page two of your plan should be a list of your top ten referral sources. You need to meet with them in person, too, to make certain they know what kind of work you are looking for, and to find out what sort of referrals they want in return. These two pages are generally enough to fill up a year’s worth of sales effort. But you should also write a page three, which is a list of targets, executives, and general counsel whom you already know but who are not clients of the firm yet. Your goal is to meet them, strike up a business conversation, and discover how your firm can serve them. Mistakes to Avoid Finally, avoid making the five biggest selling mistakes: 1. Talk, rather than listen. If you hear the sound of your own voice at a sales call, you are making a mistake. Your goal is to ask intelligent questions and get the other person talking. They will tell you about their business issues. All you need to do is listen for an opportunity to help. 2. Sell your capabilities and expertise. Sure, you are smart, went to a great law school, got some honors, belong to many bar associations, and
4. Failure to get all the information to win the business. Your revenues from the client could be increasing, but your “share of wallet” could be going down. Ask the client what their total legal budget is and determine your percentage of it. Ask the client what other law firms they work with and why. Ask the client how the decision is made to hire a law firm. (Your contact may not be the decision maker.) 5. Miss out on having the client “write the proposal.” If you ask the right questions, the client or target will spell out for you exactly what they want. Back at the office, you can have your notes transcribed into a proposal. The trick is to ask the right questions: ask why the legal matter is coming to a head right now. Ask what difference this matter makes to the firm’s bottom line. Inquire, “If everything worked out perfectly, what would that look like?” Ask, “What have you tried before? Why didn’t that work?” Probe, “If the decision were up to you, what would you do?” Ask, “Who’s in charge of the project, and tell me about your role in it?” Finally, inquire what other law firms the company is talking to and what the deadline is for choosing a law firm. If you actually take the time, write the plan and carry it out, 2012 will be the best year financially in your career. n
Attorney Journal | Volume 103, 2012
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COMMUNITY news n Richard A. Shaw of Higgs Fletcher & Mack, a San Diego-based, full service law firm for more than 70 years, has been named Chair of the National Conference of Lawyers and Certified Public Accountants for the Spring 2012 conference. Shaw specializes in business, tax and estate planning as well as tax controversy representation. He regularly serves as an expert witness in corporation, RICHARD A. SHAW partnership, securities and tax litigation matters, and has testified before Congress and the Internal Revenue Service on corporate tax reform, Subchapter S, tax shelters, tax simplification and ethic policy issues. Shaw is past Chair of the ABA Section on Taxation, a 20,000 member national organization, the California State Bar Tax Section and Past President of the American Bar Retirement Association. “I am honored to have been chosen among such a distinguished group of members to head this important conference, and look forward to working with the select group of representatives from both organizations to foster excellence in the public interest,” said Shaw. n For the second straight year, Higgs Fletcher & Mack LLP has provided a $10,000 scholarship to a University of San Diego law student. The scholarship was made possible by contributions from 22 of the firm’s attorneys, and given to Mellissa Tell for the 2011-2012 academic year. In addition to the funds, Higgs Fletcher & Mack will host the recipient as an “Attorney for a Day” for Tell to shadow the firm and attend a reception honoring her and the attorneys who donated. “This scholarship supports our firm’s commitment to promoting diversity in the San Diego legal community,” said Steve Cologne, a partner at Higgs Fletcher & Mack. “We are proud to collectively help one USD student lessen their financial burden of law school.” Tell was awarded the Diversity Scholarship based on her superior academic achievement, test scores, leadership, service, talent, and other personal qualities.
TEAM FROM FOLEY & LARDNER LLP SAN DIEGO AND ALPHA PROJECT
14
n The personnel in the San Diego and San Diego/Del Mar offices of Foley & Lardner LLP decided to forego having a holiday party and to instead use the funds in support of Alpha Project, a local nonprofit human services organization helping men, women and children including the mentally ill, disabled, homeless and seniors. The second annual “Shop Til You
Attorney Journal | Volume 103, 2012
Drop” event yielded more than $10,000 worth of goods ranging from blankets and personal care items that were donated to assist Alpha Project in serving its winter homeless client population. Phase one of Foley’s initiative to support Alpha Project began in November 2011, with a “blanket drive” to collect blankets, clothing, personal hygiene items, and other essentials to benefit those residing in the Alpha Project’s winter shelter, which houses approximately 230 homeless individuals. For phase two, in December 2011 Foley partnered with San Diego law firm Shoecraft Burton LLP and arranged with a local retailer for an exclusive off-hour use so the firms could shop for essential items to meet the needs of this underserved population. n Susan Hack of Higgs Fletcher & Mack was recently elected as the Honorable William B. Enright Inn of Court President for the 2012 - 2014 term. Hack joined Higgs Fletcher & Mack in 1989 and became a partner in 1996. Since then she has made a number of significant contributions to SUSAN HACK the San Diego legal community. She led her firm in raising $10,000 to fund USD’s Diversity Scholarship in 2011 and has been the recipient of the YWCA’s Tribute to Women & Industry (TWIN) Award and the San Diego County Bar Association’s annual Service Awards for Service to Legal Education. She also acts as a mentor to new lawyers and law students for Lawyers Club, helping to advance the status of women in the law and in society. Hack practices general tort and business litigation, handling primarily business disputes, personal injury, premises liability, professional medical, and business negligence, as well as product liability matters. n Procopio, Cory, Hargreaves & Savitch LLP is pleased to announce that Dawn Hall Cauthen has been elected to the firm partnership effective January 1, 2012. Cauthen focuses her practice on the areas of estate planning, trust administration, probate, estate tax and gift tax matters. She counsels clients in planning estates and prepares related documents including DAWN HALL CAUTHEN wills, revocable living trusts, irrevocable trusts, durable powers of attorney, and advance healthcare directives. Additionally, she prepares state and federal estate tax returns, represents clients in estate and trust litigation, and advises beneficiaries of trusts and estates with respect to their rights. Ms. Cauthen received her B.A. degree, cum laude, from Bethel College in 1986, and her J.D. in 1991 from California Western School of Law. She is currently serving as Chapter President of the Lawyers Club, as well as holding leadership positions in several other community organizations.
COMMUNITY news n According to Jones Lang LaSalle’s yearly “Law Firm Office Perspective” Firm report, while law firms in most major markets, including San Diego, continue to search for space efficiencies, they still play an important role in the overall health of the commercial real estate sector, occupying 17.1 percent of Class-A downtown office space nationwide. In San Diego, law firms BILL FLECK occupy 13 percent of office space in the four major submarkets of downtown, University Towne Center (UTC), Del Mar and Mission Valley. “Law firms in San Diego have a valuable but limited opportunity right now,” said Bill Fleck, Senior Managing Director of Jones Lang LaSalle in San Diego. “Lease rates in most buildings are still at rock bottom levels, and landlords are motivated to sign credit worthy tenants. On the flip side, however, very few large, contiguous blocks of space remain in the most soughtafter submarkets and buildings, and San Diego has no new speculative Class A office construction in the pipeline that will break ground in the next 12 months.” n Announcing a special recognition appearing in the February, 2012 issue of SDMetro published by REP Publishing, Inc. Jeff G. Harmeyer was selected for the following honor: “San Diego’s Top Attorneys.” Jeff G. Harmeyer commented on the recognition: “This is quite an honor for me. The fact that SDMetro included me in its JEFF G. HARMEYER selection of “San Diego’s Top Attorneys” signals that my constant effort to deliver excellent work has paid off. It is gratifying to be recognized in this way.” Following the publication of Jeff G. Harmeyer’s selection for SDMetro’s “San Diego’s Top Attorneys” list, American Registry seconded the honor and added Jeff G. Harmeyer to the “Registry of Business Excellence™.” n The product liability law firm of Estey Bomberger has filed a lawsuit against Skechers USA, Inc. on behalf of 37 plaintiffs across the country that suffered serious injuries as a result of wearing the Skechers Shape-ups and Tone-ups shoes. The lawsuit states that the toning shoes, most easily identified by their pronounced “rocker MIKE BOMBERGER bottom” sole, have been on the market for several years, and advertised to provide countless health benefits including improved cardiac function and orthopedic benefits. “Skechers intentionally designed its toning shoes to create instability and to change gait mechanics,” said Mike Bomberger,
who represents the plaintiffs in the suit. “However, many studies have established drastically changing one’s gait can and does cause chronic injuries. More importantly, the instability of the shoes can cause and has caused people wearing the shoes to fall.” Some of the injuries that may be associated with the toning shoes includes hip dislocations, back injuries, and broken leg and broken ankle injuries. Other less serious injuries include tendinitis and foot, leg, and hip pain. n Robert F. Tyson Jr., a partner at Tyson & Mendes, LLP, has been named San Diego Defense Lawyer of the Year by the San Diego Defense Lawyers (SDDL). This select award is given to one outstanding defense attorney in San Diego, recognizing recent successes as well as lifetime achievements in law. Tyson’s high-profile case of 2011, ROBERT TYSON the multi-billion dollar Rebecca Howell v. Hamilton Meats & Provisions, Inc., was one of the largest cases in California this year. Tyson has practiced law in San Diego for over 22 years. He primarily litigates cases in the areas of product liability, personal injury, commercial and general civil litigation, professional malpractice, environmental, and employment law. He founded the Lawyers for Tots and is active in multiple organizations including The Century Club of San Diego, San Diego County Bar Association, San Diego Barristers Club, the Villanova University Alumni Association, The Risk Management Society (RIMS), Council on Litigation Management, and William B. Enright Chapter of American Inns of Court. n San Diego-based litigation firm Wilson Turner Kosmo has received two top-tier “Best Law Firm” rankings for local law firms by U.S. News & World Report and Best Lawyers in the categories of Product Liability Litigation – Defendants and Employment Law – Management. The two publications teamed up to produce the CLAUDETTE WILSON rankings. The rankings are based on a rigorous evaluation process that includes the collection of client and lawyer evaluations, peer reviews from leading attorneys in their field, and review of additional information provided by law firms as part of the formal submission process. Additionally, to be eligible for a ranking, a law firm must have at least one lawyer who is included in Best Lawyers as part of the annual peer review assessment. Wilson Turner Kosmo has two attorneys so honored: firm partner Vickie Turner is the 2012 San Diego Product Liability Litigation - Defendants Lawyer of the Year and partner Claudette Wilson is the 2012 San Diego Employment Lawyer - Management of the Year. Attorney Journal | Volume 103, 2012
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FIGHTING FIRE
COLE CASEY CHAMPIONS THE UNDERDOGS, AND WINS FAIR AND SQUARE by jennifer hadley
WITH FIRE ATTORNEY
OF THE MONTH
2012
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Attorney Journal | Volume 103, 2012
p hotograph y by Bronson Pate Attorney Journal | Volume 103, 2012
17
“The only way to guarantee you’ll lose is by not fighting,” is one of the first things Cole Casey tells his clients when they come to him after being charged with a DUI. This frank declaration isn’t just a pep talk designed to make his clients feel better. It’s the motto that he personifies on a daily basis to the benefit of thousands of clients over the last 15 years. This philosophy also extends well into his personal life, and benefits an unusual group of underdogs. Casey doesn’t pull any punches when it comes to describing how he feels about fighting for his clients. “The vast majority of my clients are not criminals at all,” he says emphatically. “I refuse to allow them to be treated as criminals. My clients could honestly be anyone. They range from college students, to military–both enlisted and officers - soccer moms, doctors, judges, CEOs of Fortune 100 Companies, police officers, and professional athletes. It’s impossible not to recognize that in many cases the collateral fallout from a DUI conviction can be more harmful to the client than the actual court punishment. Accordingly, I am well aware that a great deal of trust has been placed in me to potentially save their jobs, family, or their careers. In many cases I am the only person that is in my client’s corner and that comes with a tremendous amount of responsibility,” he adds.
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Attorney Journal | Volume 103, 2012
CASEY TRAINS WITH CLOSE FRIEND AND UFC LIGHT HEAVYWEIGHT CONTENDER BRANDON “THE TRUTH” VERA AT ALLIANCE TRAINING CENTER IN CHULA VISTA.
A Cause Worth Fighting For The fierce drive to fight for the underdog is rooted in Casey’s upbringing. “I can’t stand abuses of power. It drives me nuts. And, in many cases, the abuse of power that I see in the courts borders on bullying,” he says. “I see the government, with all of its power, all of its resources, and all of the outside influences that are in play, whether they’re political, financial, public opinion or the media or whatever else, compared to the minimal resources of a typical defendant and the feeling of absolute terror and helplessness they experience,” he says. “My clients are real people, with real families, real jobs, real lives, and real feelings. Sometimes that gets forgotten as the so-called wheels of justice turn. Just in resources alone, it’s very much a David vs. Goliath situation, and everyone in the system knows it. But, we are told that the system just runs a lot smoother and more efficiently if we all just pretend that it’s a level playing field, and so
was trying to obtain his citizenship in the U.S. so that he could legally bring his young son here to live with him. The client was of Moroccan descent and had previously lived in a part of Germany informally known as the ‘skin head capital.’ His son was still living there and had been the victim of racial violence and intimidation way too often. Were my client to have been convicted of the DUI and the hit and run, it would have stopped the whole process for him.” Continuing, he says, “The case seemed to be fairly clear-cut at first blush, but once I began digging, interviewing witnesses, and getting their testimony under oath at the DMV hearing. I had enough to put the case in front of a jury. It turned out that many of the so-called witnesses against my client weren’t too terribly different from the folks in Germany our client had fled from once. Fortunately, for my client, the truth came out that they had concocted an elaborate story, with the intent to cause
we do. These are the rules of the game. I accept that. But
harm to my client. The case went to trial and we won. All
in reality, the State vs. the citizen is hardly a fair fight. I
counts were dismissed. To see the tears of happiness on
accept the odds are against my clients and me, yet time
my client’s face was priceless,” he concludes.
and time again we show up, and we bring the fight, time and time again,” he adds.
Casey’s severe aversion to bullying has deep roots. Growing up an only child just south of San Francisco,
More often than not, even when his clients seem
Casey attributes his disdain for abuses of power and
to be the clear underdogs in a case, Casey fights to a
bullying to his Irish heritage, a heritage of which he is
tremendous victory for them. A recent victory illustrates
very proud. “Irishmen have been fighting the abuses
just how rewarding standing up to fight for someone who
of imperialism, corruption, and good old-fashioned
can’t defend themselves has become in his life. “I recently
ignorance for a thousand years. That’s why we are born
tried a case that involved a high blood alcohol level and
to fight. We have always been the underdog, and have
a hit and run. The client hired us to fight this because he
always had to stand up to the bigger powers, and that Attorney Journal | Volume 103, 2012
19
is also the reality for any criminal defense attorney. You get used to being the only person in your client’s corner, the only one who really thinks your client just may be innocent, and if that doesn’t motivate you to put up a fight, a real fight, then you’re in the wrong business.” For more than 15 years, Casey has made it his business to do just that—stand up for underdogs facing sometimes catastrophic life disruptions as the result of being charged with a DUI. As one of San Diego’s most successful DUI defense attorneys, Casey is nothing if not well known in the field of DUI defense. And that is neither an accident nor dumb luck. Instead, it’s because he decided long ago
that mastering his craft was the single most important thing he could do for himself and his clients. “My father used to tell me to do one thing, do it better than anyone else, and people would line up at my door,” he reflects. So that’s precisely what Casey did. “In 1998 I decided I wanted to be the man to see when it came to DUI defense in San Diego,” he says. “So, for the next 10 years, I attended every conference, every seminar, and read every book available to learn more about DUI defense than anyone out there.” After just one year of practicing general criminal defense, he limited his practice to DUI defense.
COLE, WIFE CHELSEA, AND THEIR SON HUNTER SPAR WITH “IRISH” MICKY WARD (OF “THE FIGHTER”) AT WARD’S GYM IN LOWELL, MASSACHUSETTS - CASEY’S BIRTHDAY PRESENT TO HIS SON.
Preparing for the Fight of His Clients’ Lives Because a DUI charge has two separate prongs, with both the state and the DMV imposing their own penalties, Casey needs to not only master the courtroom craft, but also has to show up for the DMV hearings ready to do battle. To that end, he began preparing for each DMV hearing as if it were a matter of life or death for his client. It is this strategy that remains to this day one of Casey’s most distinguishing fortes. “In many instances, the client’s driver’s license is their biggest concern. For some clients even a short suspension can be professionally devastating to them. So when we do these hearings, we prepare like crazy for them. We file briefs, subpoena witnesses, make a good record to be used in the criminal 20
Attorney Journal | Volume 103, 2012
proceedings and do things that, quite frankly, few other DUI defense attorneys are doing.” Why other firms don’t prepare for the DMV hearing with the same intensity as Cole Casey is puzzling to him. “I have never, nor would I ever, take the position that a DMV hearing cannot be won,” he says. However, he recognizes that this philosophy is not the norm among attorneys handling DUI cases. “Many clients come to me after they have already engaged another firm or attorney, and they are frustrated with the adverse decision of the DMV. I tell them to request the transcript of the hearing before meeting with me.” Unfortunately, the clients then realize how little effort was applied to the DMV portion
of their case. “I have talked to lawyers, good lawyers, that have essentially said, “Why bother with the DMV hearings? You just lose,” and it blows my mind. Even on hearings I have lost, having a good record for appeal or the transcripts of the witnesses to use later at trial or in a motion hearing has helped to get many, many clients some very good results.” He laughs when saying “The biggest complaint we get is from the DMV itself, because our hearings tend to take too long in their opinion. Oh well.” The extraordinary lengths that Casey’s firm goes to in preparing for a DMV hearing is, as he puts it, “because
WITH SASHA, A FOUR-YEAR-OLD BLUENOSE PITBULL WHO WAS ABANDONED AT AGE ONE AND LATER RESCUED BY THE CASEYS. defense practice.
in many situations, the client’s driver’s license is their livelihood and that’s not just those that drive for a living. If you hold a professional license, or a security clearance, or are subject to a background check or drive a company car, or just need to get your kids to school and back every day, a driver’s license suspension can be devastating. In many cases, the actual punishment from the court side of things is the least of the client’s concerns, but keeping their license is essential.” In addition to preparing every case as if it may go to trial, Casey also places utmost importance on customer service, mimicking an unusual business model in his
COLE WITH 500-LB NATASHA, ONE OF FOUR SIBERIAN TIGERS HOUSED AT “LIONS, TIGERS AND BEARS.”
“Years ago, I had many years of retail
The willingness and, in fact, the zeal to go to trial has
sales experience and believe it or not, I have tried to
been the key reason for Casey’s long-term success. Never
implement the Nordstrom model of client service within
one to back down from a fight, Casey to this day insists
my practice. Client support is everything. Returning
that he and the lawyers in his firm try at least 12 cases to
calls and emails, taking the time to answer all questions
jury verdict per year, a pace that Casey himself kept for
and developing friendships with the clients; I insist on
many years on his own.
doing all of that,” Casey explains. While this is an admirable objective, it also serves a
Cheering On the Competition
very legitimate purpose. “My practice distinguishes itself
Casey has come a long way from the law school graduate
from many others in that my emphasis is on taking cases
who first decided to defend his friends who had received
to trial by jury. That doesn’t mean that every case goes
DUIs by setting their cases for trial, and spending day
to trial; rather that in every case we take, and in every
after day at the County Law Library reading books like
strategy session we hold, we are tirelessly searching for
DUI guru Lawrence Taylor’s “Drunk Driving Defense.”
ways to actually fight the case and win.”
Casey is now the co-author with Lawrence Taylor of that Attorney Journal | Volume 103, 2012
21
very esteemed book. He’s gone on to be recognized for countless awards, served as the California State Delegate to the authoritative National College of DUI Defense, is a Board of Directors Member of California DUI Lawyers Association, and is a workshop instructor for the National College of DUI Defense, held each summer at Harvard Law School. He was recently voted one of San Diego’s Top Attorneys for 2011 in criminal defense by the San Diego Daily Transcript, and was the only lawyer in that elite group with a practice limited to DUI defense. When it comes to being victorious in his area of specialty, Casey is clearly a winner. Victory in the courtroom has certainly been sweet for Casey, but that doesn’t mean he balks at competition. On the contrary, perhaps what is most surprising for
the often negative publicity they fall victim to, Casey and his wife Chelsea are proud owners of two Pit Bulls, and are very involved with It’s The Pits, an animal rescue specifically for Pit Bulls. “These types of dogs require responsible ownership because they are so incredibly strong and energetic, and my wife and I are committed to making their lives as great as they make ours. So many of these dogs have been bred by idiot breeders just trying to make a fast buck, and then they are neglected or abused by equally dumb owners that think having a Pit makes them look tough,” Casey laughs. “They never realize that these dogs require tons of attention, interaction, and wide open spaces to run and exercise every single day. They sure as hell don’t belong chained up inside a yard or in a 400-square-foot studio apartment,” he says.
this self-proclaimed born fighter is his desire to help others, especially those who could potentially be viewed as competitors, if not outright challengers. Casey, in a manner of speaking, directly invites them into the ring to join him. “I have an open door policy for any young lawyer who needs help with their case. I have had public defenders come to my office to review a case and have mentored countless new lawyers in this field as well,” Casey says. “I absolutely want to keep the pressure on law enforcement and the government. I want to keep helping other attorneys get better. My God, my door is wide open to any attorney who wants to help someone in a difficult situation. I want to raise the bar in DUI defense.” It’s fair to draw the conclusion that Cole Casey is able to offer this support to fellow attorneys because he truly has mastered the craft of DUI defense, and he wants to help others to do the same. “If you intend to handle a certain type of case, and you intend for those cases to be the bulk of your practice, then you have a responsibility to seek as much knowledge about those types of cases as is humanly possible and actually get in there and fight. That does not mean waiting until you get a case and then trying to figure out whether you know how to handle it or not. Remember why clients hire you. They do so because at the end of the day, it’s not your marketing, your TV ads or your fee structure, it’s because they trust you. So I take that very seriously,” Casey says. For Casey, advocating for those who feel like they have no one else in their corner is just a way of life. This extends to an unusual group of beneficiaries–animals. Despite
“But most of all, they require genuine love. Give them that and they are the most incredible and amazing dogs in the world.” Cole and his wife are also involved with a rescue for big cats. They became involved with Lions, Tigers and Bears (www.lionstigersandbears.org) several years ago, and it quickly became a passion project. “We have adopted some of the tigers and lions there, which means we help pay for their food, veterinary expenses, and whatever else may be needed. Just like with the Pit Bulls, these cats are usually seized from some owner that thought it would be cool to have a tiger, until they realized not only the cost of keeping one, but how incredibly dangerous they can be. So, after the novelty wears off, the cats become neglected, and in many cases starved and abused. That is when we get involved. We keep the cats on a ranch out in the East County. It is not for profit, for breeding, nor is it a zoo. We simply provide a nice, comfortable life for these cats for the rest of their lives. They eat well, get exercise and and, of course, full veterinary treatment as well. There is honestly nothing quite like feeding a 500-pound Siberian Tiger by hand. It makes you really appreciate the true meaning of grace, power, and perfection. It’s unreal,” says Casey. When he’s not standing up for others, it’s no surprise that Casey is an avid combat sports enthusiast, himself having trained for years in boxing, wrestling and both traditional and mixed martial arts for over 25 years. He now trains his 12-year-old son in all of these disciplines, which to him is “an absolute blast.” Continuing, he says, “Boxing has always been my passion, but I just love a
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Attorney Journal | Volume 103, 2012
Competitions. As for the future for Cole Casey, he is honest when he says he has no desire to grow a large firm. “In my opinion, bigger isn’t better. In terms of quality, however, that is an intangible that I continually focus on, increasing the quality of my advocacy, knowledge and connection with my clients.” As anyone who has reaped the benefit of having Casey in their corner when facing a DUI can attest, when Casey says, “The only way to beat it is to fight it,” you can bet that he will fight to the finish. n
EXPERIENCE
good brawl, whether it’s in Thai boxing, Jiu Jitsu, some type of karate, or even a good old Irish pub fight–the kind where when the dust settles, you shake hands and have a pint and laugh about it.” And, he believes his years in the fight game have made him a better trial lawyer as well. “In front of a jury, or face to face with a guy that wants to remove your head from your body, it’s all on you. There’s nobody else. You stand alone. So, you either fight and fight to win, or you get dropped.” And although Casey is a DUI defense attorney, he will always handle the occasional non-DUI case for friends in the fighting world and has defended some of the biggest names in the Ultimate Fighting Championship and Strikeforce
»»EDUCATION: • De Anza Junior College - Associate of Arts (Economics) • San Diego State University - Bachelor of Arts (Economics) • Thomas Jefferson School of Law - Juris Doctor, 1996
»»ASSOCIATIONS AND AWARDS: • Listed in Who’s Who in American Colleges and Universities
THE LAW OFFICES of
G. COLE CASEY
• Certified Instructor in Standardized Field Sobriety Testing • “Specialist Member” of the California DUI Lawyers Association (2002 - Present) • Board of Directors - California DUI Lawyers Association (2005 - Present) • Sustaining Member - National College for DUI Defense, Cambridge
G.Cole Casey 2550 5th Avenue, Suite 815 San Diego, CA 92103 p (619)-237-0384 cole@duisandiego.com
MA (2002 - Present) • California State Delegate - National College for DUI Defense, Cambridge MA (2005-2009) • San Diego Daily Transcript “Top Attorneys” in Criminal Law • Co-Author, California Drunk Driving Defense, West Publishing
www.duisandiego.com Attorney Journal | Volume 103, 2012
23
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Attorney Journal | Volume 103, 2012
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Attorney Journal | Volume 103, 2012
25
FROM
ZERO 2
by jennifer hadley
The Demands of the Legal Industry Drive Hutchings Court Reporters, LLC to Stay Ahead of the Pack
“WE’VE LEARNED OVER THE YEARS THAT TECHNOLOGY CAN MOVE FROM ZERO TO WARP SPEED IN A VERY SHORT PERIOD OF TIME,” says Kathy Konzen, Account Executive for San Diego’s innovations and its commitment to not only a consistent Hutchings Court Reporters, LLC. Certainly, Hutchings presence in the San Diego community, but ongoing has more than just a few years upon which to base such contact with existing and prospective clients. Hutchings a statement. The family-owned-and-operated company knows that personal service has been the keystone for opened its doors in 1953, and has had nothing short of a growth in San Diego and elsewhere. phenomenal presence in the San Diego legal community for more than 30 years. Moreover, in the last decade, CLIENTS: 360-DEGREE VIEW OF SERVICE the company has also experienced exponential national “Relationship preservation and building upon that growth, with more than 1,200 settings foundation is our top priority,” says each week from east to west and Jeff Koller, General Counsel & Client everywhere in between, as well as Services Administrator for Hutchings, internationally. where he’s been for almost 15 years. FEATURED The impressive growth the company What sets Hutchings apart first and PORTING FIRM E R has experienced has landed Hutchings foremost is its emphasis on educating its T R U O C OF THE MONTH Court Reporters a position within clients as to their services, technology, 2012 the top tier of agencies in the highly and the industry itself, even if that is at competitive national court reporting the expense of not obtaining an account. industry. That growth is due in “Often, decisions are made based on large part to Hutchings’ incomparable technological pricing, which we commonly do in so many purchasing JOURNAL
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Attorney Journal | Volume 103, 2012
ph otog ra phy by Bronson Pate
Attorney Journal | Volume 103, 2012
27
aspects of our lives and business. With regard to court reporting, there’s a bit of education that can go a long way in getting to what you are truly being charged. What we call rate-stacking is a common practice in our field. It’s a standard practice for agencies to charge a page rate and other charges for exhibits, shipping, video services, and realtime. But, from there you could incur a fee for the condensed transcript and/or word index, then there’s a charge for the electronic versions, and sometimes even a charge for those files on a disc, as well as to be uploaded for online access. We don’t charge clients like this,” he says. “We have a transparent approach to our rate structure that we provide to clients. We do not charge for many services that our competition does, nor do we add pages to the transcript and charge for them in the form of double covers, errata pages, wide page margins, condensed transcripts, or word indexes. These practices alone can increase the cost of the transcript by upwards of 20%, if not more,” he continues. This transparency of business practices is certainly one of the first reasons attorneys are attracted to Hutchings. More importantly, it’s one of the reasons that Hutchings has so many long-standing relationships. “We are not in denial about the competitiveness of the industry. We know that we can lose a client rather quickly after spending a long time earning their trust, which is why we are so accessible to them. The legal community in San Diego is a close-knit group, and Kathy is in her own backyard here. She’s the one making sure that what started for a client in A is finished in Z, and that this is repeated each and every time our services are requested,” he continues. Make no mistake, that makes for a great deal of work. With more than 1,200 settings made with Hutchings each week, that means the confirmation of reporters, videographers, interpreters, conference rooms, and the thousands of calls, faxes, and cancellations falls on the Hutchings’ team. And they welcome it, 24 hours a day. “We are a 24/7 live company, where a live person can be contacted regardless of the day or time,” says Kathy. This accessibility and transparency has certainly made an impression on the San Diego legal community as a whole. “Hutchings is the member services provider for the San Diego County Bar Association, and went through an extensive screening and vetting process for
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Attorney Journal | Volume 103, 2012
this privilege. We were chosen due to our transparent approach to transcript formatting, pricing, as well as our focus on client support both locally and outside San Diego,” Konzen explains. Hutchings’ commitment to serving those in the legal industry also extends to its active role as one of the founding members of the San Diego SoCalPros Chapter which was started in 2003. Jeff currently serves as the organization’s President. TECHNOLOGY & INNOVATION: 24/7 Konzen and Koller, both attorneys themselves who litigated cases from inception to completion for several years, know all too well how crucial access to depositions, exhibits and even video can be at a moment’s notice. Recognizing a need and as a way to further promote mobility, Hutchings was the first reporting company to offer real-time streaming to all mobile devices, including iPads, iPhones, Droids, Blackberries, etc. “We were the first agency to implement this technology allowing attorneys, their clients or experts to view the deposition transcript in real time without the need of any software regardless of where they were in the world as long as they had an internet connection and log-in information. Previously, you needed preloaded software or a viewer add-on, but through this method all you need is an internet connection and the access link we provide. In addition, there is a chat feature permitting two-way, live communication between the onsite attendee and the remote party,” Koller explains. To illustrate just what a vital role technology plays for Hutchings’ clients, Koller remarks on a recent circumstance which occurred on a Saturday morning. “My client was starting trial on Monday morning and
needed two specific exhibits from an expert deposition taken the week prior. Within five minutes, the large files were available to her online.” But, he admits that without the time spent educating all of their clients on the services that Hutchings provides, she may not have known that she could gain access to those exhibits and transcripts. “We’ve found that one’s learning curve and receptiveness to embrace certain technology services is
much more prevalent when timing is, as you might say, mission critical,” he adds. Hutchings is also currently finalizing its Mobile App for access to deposition calendars, transcripts, and exhibits. The App will be available this year. Moreover, “As technology advances daily, we are also embracing and evaluating alternative methods of video teleconferencing by promoting various access portals and the means to do so. At Hutchings, we believe that mobility counts,” he adds. COMMUNITY PRESENCE: 365 DAYS A YEAR There is little room for dispute over the fact that Hutchings has a strong presence in the San Diego legal community. As one of the oldest court reporting agencies in the city, and as such an integral part of SoCalPros in San Diego, Hutchings seems to be everywhere, and they wouldn’t have it any other way. “In recent years, we have shown tremendous support of the programs and services of the Alzheimer’s Association.” In fact, since 2004, Hutchings Heroes have enthusiastically participated in the yearly Walk to End Alzheimer’s and have raised more than $130K for the organization to date. The company also selects a non-profit or charitable organization to support during the holidays or times of disaster each year. In San Diego, they have actively supported the Tariq Khamisa Foundation (TKF), through their involvement with the San Diego SoCalPros chapter. In regards to the support provided by a group focus on TKF, Koller says “When the presence of 10 to 12 companies gets behind a charity, we are able to do so much more. We found that
other associations were made aware of the foundation and at least one group, San Diego Legal Secretaries Association, made TKF their charity of focus during this past year, which is incredibly rewarding.” WARP SPEED GROWTH With a tremendous foothold in the San Diego community, as well as nationally and even internationally, where else is there for Hutchings to go? Frankly, according to Konzen, “Wherever your case takes you, we are there.” Hutchings is certainly doing their part to make sure they are there, and it’s paying off. The company grew almost three-fold in the last five years, something which, Konzen and Koller are both tremendously proud to be a part of. However, with all of their technology, and their commitment to being a visible and active part of the legal community, Koller insists that it is the strong foundation upon which the Hutchings family built its business many decades ago that keeps the company moving forward. As the company grows, they are determined to maintain that same accessible, commitment-to-service philosophy that preserves client relations and earns the company new local and national accounts. Koller sums the past, present, and future success of Hutchings up very simply. “The truth is that humans make mistakes and technology breaks down. So we work very hard to prevent that, and to respond quickly and effectively. That’s why a live person will always answer your call.” In the meantime, Hutchings intends to keep doing what it does best: staying ahead of the pack with innovations in technology, and transparency for all of their valued clients and those considering their services. n
CONTACT: KATHY KONZEN, ESQ. (KATHYK@HUTCHINGS.COM) OR JEFF KOLLER, ESQ. (JEFFK@HUTCHINGS.COM) Attorney Journal | Volume 103, 2012
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M any
people
struggle
with
the
fact
that
– particularly attorneys – actually need to “ sell .” F or many of them , selling is a dirty word . T hey hear it and they think of professionals
people going door to door to try and move vacuums or some sort of home - use product .
In
reality , sales and selling is the most natural function in the life of a human being .
How to Use White Papers as Your Secret Weapon by david v. lorenzo
David V. Lorenzo is the Chairman and Founder of Rainmaker Lawyer Consulting. He and his team help attorneys make a great living and live a great life®. If you’d like a FREE CD from Dave, titled: The Five Secrets to Making a Great Living and Living a Great Life as a Lawyer, visit: www.LawyerSecretsCD.com or call 888.692.5531
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Attorney Journal | Volume 103, 2012
If you have ever been out on a date, you sold something (or tried to sell something). If you have ever convinced a small child to eat her green beans, you’ve sold. If you talked your dad into letting you use the car when you were 17 years old, you’ve been a salesperson. If you ever asked for and received an extension on a deadline—any deadline—you are a salesperson. There are hundreds of other examples like this in everyday life that we can point to in order to demonstrate your own personal propensity for and capability in selling. And by the way, nothing happens until someone sells something. Selling is essentially winning someone over to your way of thinking. Nothing more. There are a number of different ways to do this. Research has shown that it is easier to win people over to your way of thinking when they come to you for a specific purpose or to solve a problem. It just makes sense. They have a problem, you have the solution. They come to your office ready to buy you. The trouble arises when people don’t realize they have a problem in the first place. For example: Perfectly healthy people might not see the urgency in hiring an attorney to draw up a will. The CEO of a successful business might not see the need to have an attorney protect his intellectual property with a trademark. An importer of goods may not see the need to have an attorney audit his paperwork in case it is ever scrutinized by the Customs Department. These people don’t have an urgent need for the services of an attorney because they don’t yet fully understand the pain they could experience if these situations actually surfaced. When you write to or speak or meet with a client for the purpose of introducing them to your firm, you must make certain they understand the urgency in hiring you. There is a specific formula you should use to develop that urgency. It is as effective in writing as it is in a live, in-person presentation. This formula has helped attorneys all over the world initiate millions of dollars in engagement fees with clients who didn’t think they needed
them. It uses the same psychological trigger that we as humans have responded to since the beginning of time–it gets us emotionally involved in an otherwise intellectual situation. Consider this example from another field: Let’s say that it is time for your annual physical examination. The appointment with the doctor has been on your calendar for weeks—maybe months (maybe you have cancelled it a few times or moved it around)—but your spouse has been after you to get checked out. So you leave your office on a busy day and you drive across town to the doctor. You enter the office and begrudgingly fill out the paperwork. Then you wait. And you wait. And you wait. When the doctor finally sees you, he puts you through the paces of the exam. He has you do every test imaginable. He hits your knee with a hammer. He does the invasive poking, probing, and prodding and he has you lean up against a cold piece of metal while he takes a chest x-ray. Finally, after all of that is completed, he has you get dressed and wait in his office. By the time he arrives in his office you’ve been there for about two hours. Including the drive time and the drive back to your office, you’ll have invested literally half of your day on this seemingly unnecessary endeavor—plus the $500 you have to shell out to see this guy. The look on the doctor’s face when he enters the office immediately tells you something’s wrong. He says, “Bill, I don’t like what I see on the x-ray. Do you have some more time to spend with us today? I want to conduct a few more tests.” All of a sudden, the time you have already spent, the money for your insurance deductable, and everything else you were thinking is gone. Now the only thing you can think of is finding out what is wrong and figuring out how to get better. You don’t even know if you have a problem yet, or what the problem is, but taking action has immediately moved to the top of your list of things to do. Here is a simple formula that will allow you to create this same type of urgency among your clients at any time. Introduce the problem at a high level. This part of the process should include a few reasons why the situation requires some action. This is where you remind the potential client of the area of law that is involved. You may want to help
the client understand why the law was passed in the first place (if relevant) or how the law has changed recently. Give a brief reason why the problem is relevant to the prospective client. Next, you make this situation relevant to the client. How much will not fixing this problem cost the client? What is the exposure in dollars and cents? Is there a risk of jail time? If so, what is the maximum? What bad things have happened to other people in the same situation? Introduce a generic solution. Tell him what kind of attorney or firm he needs. Give him specific things to look for. Years of experience, track record in this specific area, specific wins and reduction in damages, etc. (These things should all fit you and your firm but they should not be a pitch for your firm specifically). These should answer all the points you listed while scaring the prospective client. Lists of “top ten things” to look for work extremely well in these types of scenarios. Also make sure you list the benefits of hiring the right person. Aside from solving the problem, saving the money and/or staying out of jail, also talk about the emotional benefits. Things like peace of mind, long-term relationships, preservation of reputation, discovery of the truth, and justice are particularly powerful things to discuss in this area. Describe your services as a specific solution. Why are you or your firm particularly good at solving these problems? Carefully, but not transparently, address all of the issues raised in the introduction of the generic solution. Finish with a call to action. Finally, you must give the client a compelling reason to act NOW. Do the fines compound for every day this is left unaddressed? Will things get worse if action is not taken? How long can he expect to get away with this? How will he sleep at night? Your goal is to emotionally involve your prospective client in the situation. He must FEEL like he needs to get the problem resolved immediately. Creating a White Paper and offering it to prospective clients is a great way to sell without overtly selling. It positions you as an expert, emotionally engages your client, and creates urgency. n
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Attorney Journal | Volume 103, 2012