Attorney Journal, Orange County, Volume 137 by Attorney Journals

ORANGE COUNTY

Volume 137, 2017 $6.95

California Case Summaries Civil™

7 Ways to Make Billing More Effective

Monty McIntyre

Jeremy Diviney Protecting Your Firm From Ransomware

Dealing With the “Leadership Vacuum” In Law Firm Management

Miguel Vega

Joel A. Rose Convert Unhappy Clients into Fans

Mike O’Horo

PROFESSIONAL PROFILE

Daryoosh Khashayar, Khashayar Law Group, San Diego Attorney of the Month

Shannon C. Lamb, A Resourceful Collaborator

Tried, Tested & Triumphant

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Specialization matters. Having represented more law firms over the last 25 years than any other broker in the region, no one understands their real estate needs better than I do. — JASON HUGHES President & CEO, Hughes Marino

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At Hughes Marino we only represent tenants and buyers – never landlords – so we never have a conflict of interest. Our only fiduciary duty is to our client, the tenant. We are fully committed to protecting our clients’ interests, and we always guarantee our service and results. (949) 333-3111 | hughesmarino.com

ORANGE COUNTY LOS ANGELES SAN FRANCISCO SILICON VALLEY SAN DIEGO

2017 EDITION—NO.137

TABLE OF CONTENTS

6 Convert Unhappy Clients into Fans

by Mike O’Horo

8 Seven Ways to Make Billing More Effective by Jeremy Diviney

EXECUTIVE PUBLISHER Brian Topor EDITOR Wendy Price CREATIVE SERVICES Skidmutro Creative Partners CIRCULATION Angela Watson

10 California Case Summaries Civil™ Organized Succinct Summaries of Some New California Civil Cases by Monty McIntyre

12 Protecting Your Firm From Ransomware by Miguel Vega

PHOTOGRAPHY Chris Griffiths

STAFF WRITERS Jennifer Hadley Bridget Brookman Karen Gorden CONTRIBUTING EDITORIALISTS Joel A. Rose Monty McIntyre Jeremy Diviney Miguel Vega Mike O’Horo WEBMASTER Mariusz Opalka ADVERTISING INQUIRIES Info@AttorneyJournal.us SUBMIT AN ARTICLE Editorial@AttorneyJournal.us OFFICE 30211 Avenida De Las Banderas Suite 200 Rancho Santa Margarita, CA 92688 www.AttorneyJournal.us ADDRESS CHANGES Address corrections can be made via fax, email or postal mail.

ATTORNEY OF THE MONTH

14 Shannon C. Lamb, Irvine A Resourceful Collaborator

by Dan Baldwin

PROFESSIONAL PROFILE

22 Daryoosh Khashayar, Khashayar Law Group, San Diego Tried, Tested & Triumphant by Jennifer Hadley

28 Dealing With the “Leadership Vacuum” in Law Firm Management

by Joel A. Rose

Editorial material appears in Attorney Journal as an informational service for readers. Article contents are the opinions of the authors and not necessarily those of Attorney Journal. Attorney Journal makes every effort to publish credible, responsible advertisements. Inclusion of product advertisements or announcements does not imply endorsement. Attorney Journal is a trademark of Sticky Media, LLC. Not affiliated with any other trade publication or association. Copyright 2017 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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Convert Unhappy Clients into Fans by Mike O’Horo

lients can become upset with us for many reasons, some of which are within our control, and others that aren’t. We make mistakes, forget things, have bad days, or simply get overwhelmed by the unexpected. Such is life. However, what happens afterward determines the future of that relationship, and countless other potential relationships that that client’s experience may influence when reported either directly or via social media. A recent blog by Sally J. Schmidt, titled: Dealing with an Upset Client, included some surprising research results showing that “depending on the industry, between 65 and 85 percent of customers or clients who defected said they were satisfied or very satisfied with the company they abandoned,” and provided some good advice by Sally Schmidt. “...depending on the industry, between 65 and 85 percent of customers or clients who defected said they were satisfied or very satisfied with the company they abandoned.” There will always be a story told. Which version, though? As a consumer, I occasionally experience failures, counterproductive attitudes and policies, and poor skills and training by suppliers. And, yes, they make me upset, and I express that. During such encounters, I tell the company’s representative, “OK, what’s happened has happened. What happens next is what’s important. There will be a story told about this, and you get to decide which version. You’ll decide that right now by what you say and do next. Will I tell everyone a brand-enhancing version along the lines of “I can’t believe what they did to make this right,” or will it be “I can’t believe they didn’t care enough to make this right?” When I was first out of college, I managed a jewelry store in a national chain. Here’s how we were trained to handle customer complaints: 1. Listen to the customer’s tale, without interrupting 2. Feed it back to them accurately, and explicitly confirm that you understand correctly. “Do I have that right?”

6 Attorney Journal Orange County | Volume 137, 2017

3. Sincerely empathize and apologize. “I understand why you’re upset. In your shoes, I would be, too. I’m sorry. We should never have allowed that to happen.” 4. Promise resolution, and let them choose its form. “We’re going to make this right. What would make you happier than you thought was possible when you came in to report this?” Wait for a reply. They may need a few moments to shift gears from preparing for the expected argument to choosing what they want. Nothing eliminates steam quite like, “You’re right. What do you want?” If they’re not quite finished venting, and begin to rehash the story, patiently let them go through it again, uninterrupted. With each retelling, it loses more of its intensity and emotion. Reconfirm that you understand correctly. Then, repeat the question: “What would make you happier than you thought was possible when you came in to report this?” (What you’re really asking is, “What will it take for you to rave about us afterward?” That’s the lasting impact. Everything else is transient.) 5. Deliver a solution, as quickly as possible, without regard to expense or difficulty. Make it happen. 6. Never offer a discount or other partial price accommodation. It sounds and feels like you’re trying to solve it cheaply. Think about when you complain to a restaurant manager about the food or service, and he offers you a free dessert, or removes the single item from the bill. Doesn’t it feel hollow? Instead, refund or forfeit the entire charge. Think about how you reacted when that same restaurant complaint resulted in them comp-ing your entire check. Now, there’s a story to tell. Remember, your goal is for them to recognize that the only thing you care about is that they’re thrilled. Give them a compelling reason to tell the story of how thrilled and amazed they are with how you handled it. This is not about the amount in question today. It’s about the amount they will or won’t spend with you over the balance of their career or life. (In the ‘80s, Carl

Sewell, author of Customers for Life, who at the time was the largest Cadillac dealer in the US, commissioned research that revealed that when you totaled all the new and used cars purchased, and all the service revenue, the average Cadillac customer was worth $335,000 over the course of their lifetime ($750,000 in today's dollars). This is the amount you should focus on, not the $1000 it costs to resolve this problem and make them a stark, raving fan. 7. Take ownership of the outcome, and remain involved. Promise a concrete next step that eliminates their fear that they’ll be abandoned to a black hole after they leave your presence or disconnect the call. “I’ll be in touch with you no later than [date] to make sure everything has happened as promised.” 8. Contact them, ideally before the promised date, but no later, to confirm that the solution happened as promised. 9. Ask if your solution and timing hit the high bar you promised, i.e., that they’re happier than they thought they could be at the time of the upsetting incident. 10. If “yes,” ask if this puts everything to bed for them. Thank them for the opportunity to learn about this shortcoming and to make things right. If “no,” return to Step 1. Number 4 is the big enabler. Allow the aggrieved client to choose the remedy. Intentionally set the bar sky high. Your goal isn’t for them merely to feel like they’re no longer being harmed, or that the damage has merely been repaired. You want them to feel like they’re better off than they would have been if it hadn’t happened at all. They’ll be surprised by your carte blanche offer, and it will convey important benefits: • It will eliminate the last trace of anger. • They’ll ask for much less than you would have offered. • It will be their solution, not yours. • They’ll forever tell the story of how they got to choose the solution. Without number 5, though, you’ll have made things worse. If you thought they were upset with the original problem, get ready for a whole new level of ire if you raise the expectations bar and fail to deliver. You’ll lose all credibility and trust, the person will feel they’ve wasted their time talking with you, and will feel foolish for having believed you. If you make someone feel foolish, they’ll never forgive you, and that’s about as toxic as it gets. n

IS YOUR LAW FIRM MAKING THE BEST IMPRESSION?

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Attorney Journal Orange County | Volume 137, 2017 7

7 Ways to Make Billing More Effective by Jeremy Diviney

awyers may practice in different areas of the law and serve a wide range of clients, but most seem to share a common aversion: They hate doing timesheets. Despite this near universal resentment toward tracking time, most lawyers eventually learn that they need to be effective in billing clients to have a thriving practice. Here are seven important steps to help make your billing more accurate, client-friendly and effective.

1. Promptly Track Your Time The best way to bill accurately is to immediately record your time after completing a task. Trying to remember the details of billable activities after the fact is not easy and can lead to overestimating or underestimating actual hours worked. Tech-savvy law firms have systems in place that encourage prompt timekeeping. Some enable lawyers and staff to record both billable and nonbillable time in the office and on the go. Time-tracking systems help you provide accurate and detailed information in client invoices. Without this kind of support, you may end up spending more (unbillable) time later on editing your clients’ bills.

2. Know Clients’ Billing Procedures It is important to learn your clients’ billing policies and practices at the beginning of a business relationship. Clients usually include this information in their retainer agreement, explaining expectations concerning staffing, budget and

8 Attorney Journal Orange County | Volume 137, 2017

timekeeping practices. It is critical to know these rules so you can successfully account for hours worked and meet the client’s expectations. Corporate clients are increasingly requesting task-based billing, which tracks a firm’s billing by each litigation task. Each activity is assigned a computer code that is preselected by the client. The client can then electronically sort items and analyze an invoice. These clients expect outside counsel to learn and understand these unique task-based billing codes.

3. Produce a Detailed Invoice You do not want an invoice that leaves you open to questioning but you also want to make sure that it is easy to understand. You need to include detail that justifies the need for the specific completed task without being too wordy or confusing. Don’t overuse general terms that do not sufficiently explain the level of work completed or the necessity of a task. Simple phrases such as “document review” or “deposition preparation” are not sufficient for today’s demanding corporate clients. You need to be more specific in your billing descriptions. The invoice is representing how well you work to get the job done. You also want to itemize each activity and the amount of time worked. Stay away from “block billing,” which is when lawyers group a series of tasks under a single time entry. Many clients object to this type of billing practice and it also makes it difficult in the future to fight for wages not paid by clients if necessary.

4. Remember It’s an Invoice, Not a Legal Brief It is important to realize that more than one person will likely review your invoice. The review may begin with the in-house counsel assigned to the case but then it may be looked at by other legal and support staff, accountants and third-party auditors. While you want to use appropriate legal language, you need to remember that people not trained in the law may also be assessing your performance. A client who can easily understand the work you completed is likely to approve and promptly pay your invoice.

5. Don’t Wait Too Long to Bill a Client Whatever your fee arrangement is with your client, promptly send your invoice after completing client work. This means making the invoice processing a priority as soon as the work is done. Online payment options can also make it easier for clients to pay than traditional methods, but many companies issue payments periodically in batches, or in specific billing cycles. If you delay invoicing, you may miss a cycle and then payment will be delayed, potentially impacting your cash flow. Invoicing promptly creates an impression of thoroughness, and is another way to market your professionalism to your clients.

6. Keep Your Team Motivated A law firm’s culture is key to boosting billings and collections. Most lawyers are self-motivated and want to succeed. It is important to encourage personal responsibility with young associates when discussing the business practices of your law firm. Lawyers should want to accurately track their time to demonstrate their contribution to the firm, whether it is chargeable hours, client development, firm marketing activities or pro bono work. Creating a culture where all staff understand their vital contribution to the firm’s bottom line will help move the billing process to the top of everyone’s to-do list.

7. Y our Time May Be Your Product, But It’s Not Your Value Every hour counts in a law firm, but you want your clients to appreciate your intellectual capital and experience. Effective timekeeping and invoicing helps accurately reflect work performed and will demonstrate your value to your clients. When the billing process is done well, your clients will understand the true value of having your law firm as a business partner. n Jeremy Diviney is President and co-founder of Bill4Time, web-based time billing software serving both small and large professional services firms. With offices in New York, Seattle, and Pittsburgh, Bill4Time creates simple-to-use, intuitive and userfriendly software. Previously published in Attorney at Work.

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Attorney Journal Orange County | Volume 137, 2017 9

California Case Summaries Civil™ Organized Succinct Summaries of Some New California Civil Cases by Monty A. McIntyre, Esq.

Monty A. McIntyre is the publisher of California Case Summaries Civil, providing organized succinct summaries every other Monday of every new published California civil case for only $7.99 a month. Monty has over 37 years of experience as a civil trial lawyer representing both plaintiffs and defendants, and more than 17 years of experience as a mediator and arbitrator. He has been a member of ABOTA since 1995, and is the past president of the San Diego Bar Assn. and the San Diego Chapter of ABOTA. Monty also mediates and arbitrates cases in the areas of business, commercial, employment/ wage & hour, insurance coverage/bad faith, legal malpractice, medical malpractice, personal injury, real property and wrongful death. To schedule a mediation of arbitration, contact his case manager Kelsey Carroll at ADR Services, Inc. at 619-233-1323 or kelsey@adrservices.org.

CALIFORNIA SUPREME COURT Civil Code Scher v. Burke (2017) _ Cal.5th _, 2017 WL 2589509: The California Supreme Court affirmed the Court of Appeal’s holding that Civil Code section 1009(b), which limits the circumstances in which courts may find implied dedication of private coastal property section 1009, unambiguously bars all public use, not just recreational use, from developing into an implied public dedication. (June 15, 2017.)

Civil Procedure Ryan v. Rosenfeld (2017) _ Cal.5th _, 2017 WL 2589515: The California Supreme Court vacated the Court of Appeal’s dismissal of an appeal from a motion to vacate a judgment under Code of Civil Procedure section 663. An order denying a motion under section 663 is appealable even if it raises issues that could have been litigated via an appeal of the judgment. The rule announced in Bond v. United Railroads (1911) 159 Cal. 270, 273 is still valid. (June 15, 2017.) Weatherford v. City of San Rafael (2017) _ Cal.5th _, 2017 WL 2417763: The California Supreme Court reversed the trial court’s judgment of dismissal of plaintiff’s action under Code of Civil Procedure section 526a because plaintiff had not paid property tax. The California Supreme Court ruled that, for a person to have standing to sue the government for wasteful or illegal expenditures under section 526a, it is sufficient for a plaintiff to allege she or he has paid, or is liable to pay, to the defendant locality a tax assessed on the plaintiff by the defendant locality. (June 5, 2017.)

Employment Augustus v. ABM Security Services (2017) _ 2 Cal.5th 257: The conclusion of the decision, previously published on

10 Attorney Journal Orange County | Volume 137, 2017

December 22, 2016, was modified to state: “California law requires employers to relieve their employees of all workrelated duties and employer control during 10-minute rest periods. The trial court’s summary adjudication and summary judgment orders were premised on this understanding of the law. Rightly so: Wage Order 4, subdivision 12(A) and section 226.7 prohibit on-duty rest periods. What they require instead is that employers relinquish any control over how employees spend their break time, and relieve their employees of all duties—including the obligation that an employee remain on call. A rest period, in short, must be a period of rest. We accordingly reverse the Court of Appeal’s judgment on this issue. The matter is remanded to the Court of Appeal for further proceedings consistent with this opinion.” (June 8, 2017.)

CALIFORNIA COURTS OF APPEAL Arbitration Hutcheson v. Eskaton Fountainwood Lodge (2017) _ Cal. App.5th _, 2017 WL 2570672: The Court of Appeal affirmed the trial court’s order denying a motion to compel arbitration. The Court of Appeal ruled that admission of decedent to a residential care center for the elderly was a health care decision, and the attorney-in-fact who admitted her, acting under the Power of Attorney Law (Prob. Code, section 4000 et seq. (PAL)), was not authorized to make health care decisions on behalf of the principal. Because the attorney-in-fact acting under the PAL did not have authority to admit the principal to the residential care facility for the elderly, her execution of the admission agreement and its arbitration clause were void. (C.A. 3rd, June 14, 2017.)

Attorney Fees County of Los Angeles Board of Supervisors v. Superior Court (2017) _ Cal.App.5th _, 2017 WL 2692842: The Court of Appeal reconsidered this case regarding the confidentiality of attorney invoices after the case was remanded to the Court of Appeal from the California Supreme Court decision in Los Angeles County Board of Supervisors v. Superior Court (2016) 2 Cal.5th 282 (Los Angeles County). Applying Los Angeles County, the Court of Appeal ruled that the superior court erred when it ordered California Public Records Act (PRA) disclosure of invoices related to pending matters. Invoices related to pending or ongoing litigation are privileged and are not subject to PRA disclosure. The Court of Appeal ruled that the matter should be remanded to the trial court for a hearing as to whether fee totals related to concluded matters must be disclosed. The conclusion in Los Angeles County that information in billing invoices is sometimes subject to PRA disclosure appears to be limited to fee totals. Billing entries or portions of invoices that provide any insight into litigation strategy or legal consultation, reveal the substance of legal consultation, or reveal clues about legal strategy, are privileged. The trial court erred in ordering portions of invoices other than fee totals disclosed. (C.A. 2nd, filed June 5, 2017, published June 22, 2017.) Monster v. Superior Court (2017) _ Cal.App.5th _, 2017 WL 2665193: The Court of Appeal granted a writ petition ordering the trial court to reverse its order providing that defendant,

who had won a summary judgment against plaintiff’s fraud claims re its interest in Beat headphones, could have its motion for attorney fees (under Civil Code section 1717) for its contract cross-complaint claims determined by the court by a motion and not by a jury trial. The Court of Appeal ruled that plaintiff had a right to have a jury determine the amount of attorney’s fees resulting from its alleged breach of the two relevant agreements and nothing in section 1717 withdrew that right. Defendant did not pursue a motion for fees under section 1717 (or Code of Civil Procedure section 1033.5 c) (5)(A)) as the prevailing party on plaintiff’s fraud claims, but instead elected to seek its fees as damages on its cross-claims for breach of contract. Because the fees are part of the relief sought, they must be pleaded and proved at trial, as any other item of damages. (C.A. 2nd, June 21, 2017.)

Civil Procedure Hupp v. Solera Oak Valley Greens Association (2017) _ Cal. App.5th _, 2017 WL 2705626: The Court of Appeal affirmed the trial court’s ex parte order dismissing the first amended complaint under Code of Civil Procedure section 391.7 as to all claims brought by or for the benefit of plaintiff’s son Paul, on the ground he had been declared a vexatious litigant. However, because plaintiff had not been declared a vexatious litigant, the judgment of dismissal was reversed as to all claims solely personal to her. (C.A. 4th, June 23, 2017.) n

Attorney Journal Orange County | Volume 137, 2017 11

Protecting Your Firm from Ransomware by Miguel Vega

ansomware attacks are affecting every type of business in America, and law firms are no exception. For those new to the term, ransomware is a type of malware that operates by encrypting files on a system and demanding that a ransom be paid to have them decrypted. While encrypted, these files are unable to be accessed, which can be a huge issue when they are needed for day-to-day business operations. The problem worsens when personally identifiable information such as names, birthdates and Social Security numbers are compromised. Law firms are often a treasure trove of sensitive information and make attractive targets for cyber criminals, as compromising a firm typically garners a big payout. Recently, the most advanced ransomware on the planet rampaged throughout the world affecting hospitals in England, universities in China, rail systems in Germany and even auto plants in Japan. Named WannaCry, this malware was made possible by stolen National Security Agency cyber weapons and could spread throughout a network due to a previously unknown vulnerability. Once a system had been compromised, WannaCry would encrypt files and display a notice to the user demanding payment of $300 in Bitcoins, a nearly untraceable digital currency, or the amount would double to $600 within three days. If the amount was not paid within a week, all files would be permanently deleted. From a business standpoint, it’s a lot easier to pay the 12 Attorney Journal Orange County | Volume 137, 2017

ransom since it’s a quick fix to a potentially disastrous problem. Additionally, because of modern encryption, it’s impossible to retrieve those files any other way. The likely scenario, however, would involve all systems in a network to be compromised bringing the ransom figure well into the thousands. The cyber criminals on the other side of the attack profit immensely from the use of this extortion. Earlier this year, Moses Alfonso Ryan LTD, a prominent law firm in Providence, Rhode Island, was crippled by ransomware that demanded payment of a staggering $25,000. After paying the amount, the initial key to decrypt its records failed to work, causing the firm to lose approximately $700,000 in lost billings over a three-month period. This resulted in a lawsuit against their insurer Sentinel Insurance Co. for breach of contract and bad faith after it denied its claim. The question arises of what can be done to protect your business. Ransomware is normally introduced into a network or system via an email attachment that causes it to be installed once opened. Most users are smart enough to avoid unknown emails, however as technology has advanced, criminals have also become smarter. As one law firm put it, “We’ve had emails come to our lawyers purportedly from third-year law students enclosing their resumes … it wasn’t a resume, it was ransomware.” Because of the specific targeting used, determining what separates a legitimate email from spam and

malware becomes tricky. It would be naïve to think that avoiding emails would prevent a malware outbreak. To be fully prepared, law firms need to take it one step further and follow best practices when it comes to safeguarding their business and clients.

Update Your Operating System Not long after WannaCry was released, researchers were able to determine the vulnerability that was being exploited to allow the malware to spread undetected. This vulnerability was present in the Windows operating systems dating back to Windows XP. Microsoft was quick to react and pushed out a patch through Windows Update. Not every malware on the Internet makes use of such complicated vulnerabilities, and there is a good chance that simply by keeping your systems up to date you can avoid a plethora of potential attacks.

Regular Backups In the event that you are attacked and your files are encrypted, having a backup of your data allows you to simply roll back to a point before the attack, allowing you to avoid having to pay the ransom. Backups should be made as frequently as feasibly possible, weekly at a minimum, but preferably on a daily basis. It’s also extremely important to test these backups to ensure they are working as intended. Lastly, malware

often spreads to other systems on your network, so an offsite location to house these backups or even cloud storage would be preferable.

Antivirus Similar to updating your operating system, an antivirus is your system’s first line of defense when it comes to malware. Have antivirus software, make sure it’s regularly updated, and run it on a weekly basis. Ransomware poses a big threat to law firms, which rely on technology to run a practice. As was seen by the Rhode Island law firm, malware can have a tremendously negative effect on your firm’s finances. Being informed about how ransomware works, best practices in dealing with attacks, as well as setting up preventative and protective measures can prevent your firm from becoming a victim. n Miguel Vega is a Web Developer at Consultwebs, Miguel provides many services, including: Planning, building and supporting internal and public-facing web applications, websites and plug-ins; working with a support team to troubleshoot issues, fix bugs, implement changes and perform site migrations, maintenance and updates; and routinely analyzing and evaluating security risks within company code and network infrastructure. Visit Consultwebs.com.

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www.parkercovert.com Attorney Journal Orange County | Volume 137, 2017 13

by Dan Baldwin

“

I think the most important thing about me is that I care about finding practical solutions for my clients. I am also very resourceful, and a collaborator by nature. I love collaborating with my clients, other lawyers and other professionals. Whenever I have a situation before me, I’m not looking at it in any one-dimensional way. I’m looking at it from every possible angle, from different perspectives and often from outside my own particular area of expertise,” says Shannon C. Lamb, APC. Lamb handles business and partnership matters, as well as board, association, and property controversies for plaintiffs and defendants. She has successfully negotiated and resolved more than 2,000 cases on behalf of individual persons, boards and companies during the seventeen years she has been in practice. Approximately 50 percent of her cases involve working with other attorneys and law firms. Ninety-nine percent of her cases settle before trial, a record built significantly on her varied experience and approach to each case. “I’m a broad-based thinker. I’m a person with a lot of exposure and experience, which allows me to apply my abilities. But because I’m a collaborator, pulling in other professionals and really looking at the big picture gives my clients a big advantage. It’s not just me that’s on the team,” Lamb says. Many of her cases overlap into other cases or other areas of the law. “I may be litigating a business matter, but there could be a bankruptcy, family law, criminal law or some other issue that comes up. I have the ability to move very fluidly

14 Attorney Journal Orange County | Volume 137, 2017

through these areas and to understand the implications for my clients.”

Law in the Genes Through a recent interest in genealogy, Lamb discovered that some of her ancestors took issue with and were involved in both sides of the signing of the Magna Carta. “It seems that the law is in my genes,” she says. Her far more recent impetus for a career in law occurred during her sophomore year in college, when she was involved in an automobile accident. Her attorney entered into a settlement without her permission. Lamb fired her attorney and represented herself in the case, making two appearances before a judge. Young and intelligent, she found herself facing a barrage of information, rules, formalities and procedures she did not understand. Equally frustrating for her was that no one appeared interested in explaining those matters. She says, “There wasn’t any sort of advocacy going on. I was a part of a process, part of a big mill. That was not okay. I said, ‘Okay, I’m going to settle this myself.' The person who represents himself has a fool for a client, but in this instance, I felt like I couldn’t do any worse than what was going on.” She explained the situation to the judge during her first courtroom appearance. He called her former attorney in and took the lawyer back into chambers, returning about half an hour later. The judge dismissed the former attorney and entered into the record that Lamb would continue representing herself

ATTORNEY

OF THE MONTH

2017 2016

Attorney Journal Orange County | Volume 124, 2016 15

not about billing the most; “ It’sit’s about doing the best.” and the attorney would not be taking a fee for the case. Lamb was then able to resolve the case on her own. “From that point on, I decided to turn my attention to the law,” Lamb says.

Collaboration in the Law a Natural Fit Her current practice areas are a natural fit, she says. “I gravitate toward smart and organized people. I enjoy collaborating with clients and professionals in a variety of fields—all with the goal of getting the job done.” She finds that most clients are interested in playing a key role in their own case. Her clients are intelligent, capable, organized, and precise, and being involved is important to them. Putting a premium on collaboration helps them understand the law and the process better. Bridging the gap between what words can mean in English and what they can mean in specific legal documents and situations can be challenging, even for attorneys working in other practice areas. Clients have learning curves, and sometimes an attorney has to help clients “unlearn” what they believe about the legal system. “It’s a good process because when I’m doing that, I realize I also have to relate the same information to a jury or maybe to a mediator who doesn’t have the same level of understanding about the specifics of the case. In unlearning the client, there is a good byproduct. It doesn’t happen too frequently, but it happens often enough because of the Internet,” Lamb says. As an attorney opening her own firm, Lamb found the prospect at times intimidating. “I certainly made my share of mistakes, but after the first mistakes, things feel a little better because you realize, ‘I’m still standing.’ It makes you a little braver,” she says. Lamb continues to experience her own learning curve, which she finds is one of the attractions of choosing a career in the law. A benefit of working in her practice areas is the

16 Attorney Journal Orange County | Volume 137, 2017

opportunity for nonstop education. “There’s never a boring day. I don’t know where I’m going to be until I get there. Even though I’m looking backward from trial, litigation is so fluid—it’s not so linear. It’s usually an exciting and wild ride,” she says. “I’ve always been interested in the way business works. Before I became a lawyer, I had about 20 different jobs, primarily in corporate work. I really had an opportunity to get my hands-on business experience before I went on my own. Now I get it in spades,” Lamb says.

Backward Thinking to Success Lamb says she thinks through a case from the trial backward. She works to be proactive based on the needs of the case and looking at it from the courtroom, which she believes is one of the reasons cases settle before going to trial. “I try to stay as organized as possible and to get as much information as possible from a client at the beginning of a case. I can manage it upfront. Understanding the information early and getting it down is key to moving a case: what is going to happen in the courtroom when the case is tried and what do we need to do to get to that point,” she says. That broad perspective allows Lamb to approach her firm’s challenges and opportunities with a balanced view of the roles of lawyer and manager. “Dealing with my business certainly helps me understand what my business clients face.” Her focus is on achieving her clients’ goals, not on billable hours. “That’s not how I work. That’s not why other lawyers refer clients. They send me their clients because they know I’m going to get it done as quickly as it can be done. It’s not about billing the most; it’s about doing the best. Managing that is something I do pretty well. It’s important to me. My job is about adding value,” she says.”

Â© christopher TODD studios

Contact Shannon Lamb Shannon C. Lamb, APC 19200 Von Karman Avenue Suite 600 Irvine, CA 92612 949-622-5565 shannon@sclesq.com www.SCLEsq.com

18 Attorney Journal Orange County | Volume 137, 2017

Lamb has a 6-year-old daughter, Megyn. “She’s lovely, and she gives me great perspective,” she says. She also enjoys eating good food and baseball. “I’m a Californian, born and raised, and I love the Dodgers,” Lamb says. Her hobbies also include listening to a mix of music, from rock & roll to classical and symphonic, especially live performances. Travel is another major factor in her family life, an interest she combines with her fascination with history. In addition to her discovery of a connection to the Magna Carta, she recently learned that her fourth great-grandfather had a station on the Underground Railroad. Lamb is a volunteer and prospective member of the Patience Wright Chapter of the Daughters of the American Revolution. “There's a perspective I’ve gotten recently in studying my genealogy. It’s pretty wild. That’s something I’ve been enjoying, as well as working with the Daughters of the American Revolution. It helps that genealogical research isn’t a lot different from legal research, and being able to learn how to pull those levers really helps to get things done,” she says. She is a co-founder of a women’s roundtable for lawyers. The group meets monthly to discuss various topics with the purpose of collaboration. “I reach out because I don’t have that resource built into the firm,” she says. Lamb is also involved in the Constitutional Rights Foundation, Orange County, a non-partisan organization devoted to educating children about government and individual responsibility. Among the reasons she is so devoted to the organization and participating in programs such as the Peer Court is giving kids a look into how things work, which helps them improve their ability to make wise decisions. Lamb’s success in and out of the office is largely because of her willingness to participate in and her enthusiasm for collaborating with others. “I like the ability to interact with people and get to know how things work. I become an expert in a lot of different things. I have formed many friendships from the experience of working with my clients. And I get to work with some of the top experts. That’s a pretty cool thing,” she says. n

EXPERIENCE

Outside the Office

» EDUCATION • Loyola Law School, Los Angeles • J.D. – 2000 • University of California, Riverside • B.A. Political Science – 1996 • Orange County Bar Association, College of Trial Advocacy – 2007

» AWARDS

• Women Leaders in the Law, American Lawyer Media – 2016 • Client’s Choice, AVVO – 2011, 2015, 2016 • Top Attorney, AVVO – 2014, 2015 • Top Women Attorneys in South California, Super Lawyers – 2013-2015 • Women Leaders in the Law, American Lawyer Media – 2015 • Rising Star, Super Lawyers – 2009-2010, 2013-2015 • Top Rated Lawyer – Personal Injury, American Lawyer Media/MartindaleHubbell – 2013 • Los Angeles’ Women Leaders, American Lawyer Media/Martindale-Hubbell – 2013 • AV Preeminent Peer Review Rating, Martindale-Hubbell – 2011

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Tried, Tested & Triumphant Khashayar Law Group Secures Position as One of Southern California’s Top Verdict-Winning Trial and Transactional Firms by Jennifer Hadley

“

The reason I love trial work is because no matter how complicated lawyers try to make the law, when it comes down to it, it’s about connecting with people. Yes, you must know procedure, you must know how to get evidence in, but in the end, it’s about presenting your story to 12 regular people you’ve never met. This simple system works,” says Daryoosh Khashayar, founder of Khashayar Law Group, with offices in San Diego, Vista, and Beverly Hills. Khashayar certainly knows how to tell his clients’ stories to juries, as evidenced by the staggering $61.587 Million Jury Verdict he obtained for his client in Asbaghi v. Nydegger. The case became the top jury verdict in San Diego in 2016, along with being the #5 largest verdict in California, and the 22nd largest verdict in the nation that year. It remains one of the largest single case verdicts in San Diego history. So how did Khashayar become one of the most lauded trial attorneys in Southern California? To hear him tell it, it all began with a speeding ticket.

Trying His Hand: The Early Cases While attending San Francisco State University, pursuing his undergraduate degree in Psychology, Khashayar began learning the ropes of the law due to a speeding ticket. “I went to the law library to figure out how to fight it,” he recalls. Pretty soon, he found himself helping friends and peers with issues such as problems with their leases. “I volunteered at the University’s Legal Aid Center, and started helping students with all kinds of legal issues. I knew from that point on that I wanted to become an attorney.” He went on to attend the John F. Kennedy School of Law, before being admitted to the California Bar in 2005, and subsequently heading south to Southern California. “My cousin 22 22 Attorney Journal Orange County | Volume 137, 2017

Bob Semnar was working in Southern California, and asked me to join him and open our own office, and I dove right in,” he says. Within just months Khashayar was taking depositions. “I was not picky. As long as I thought their case had merit, I’d take the case to get experience,” he says. When cases came in that were too big for Khashayar to take on his own, he simply brought in experienced attorneys. “Being in Consumer Attorneys of San Diego (CASD) put me in a great spot for mentoring. So many attorneys were willing to help me out. I did whatever I could to get my clients the best results. It wasn’t about the money on a case, I just wanted to get the experience, and I did. I was able to second chair a lot of trials very early in my career.” In addition to Semnar, Khashayar says that Robert Hamparyan in particular was a source of constant encouragement and support as the young lawyer began building a name for himself as a fearless trial attorney. “I could call Robert at 11:00 at night, and he would help me,” Khashayar says. “The legal community here supported me right from the start,” he adds. Khashayar’s eagerness to take whatever opportunities he could to gain trial experience, also led him to the Office of Assigned Counsel, where he began defending those accused of misdemeanors. Ranging from drug and DUI cases, Khashayar would wind up defending felony charges in virtually no time, and to the success of his clients. One criminal case in particular stands out to this day. “The father of a young pre-med student hired me, after his son was accused of hitting someone with a bottle at a Halloween party. He was facing felony assault with a strike charges, and the DA went after him. I was able to prove that it wasn’t him and the case was dismissed. I still receive flowers from my client for proving his innocence,” Khashayar says with a smile.

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Refusing to Settle for Less Than Outstanding Results Khashayar’s fearlessness when it comes to trial, whether criminal or civil, is driven by a deep-seated desire to never settle for anything but victory for his clients. “I have worked very hard to build a reputation as a trial lawyer who refuses to accept pennies on the dollar.” Although he is driven to secure the largest compensation for clients as possible, as it’s often the only form of justice for wronged individuals, he’s also driven to make sure justice is served even in cases which aren’t going to break records. Cases which are close to his heart are equally rewarding, as evidenced by a personal injury victory earlier in his career, which he still counts as one of the most rewarding cases of his career. “I was called in to help on a case by Bob Semnar. It was the case of a little girl in Contra Costa County who had her arm broken. Her previous attorney was going to settle the case for $7,000 when we took over. She had a few thousand dollars in medical expenses, but we knew her pain could last for years. Everyone said we were crazy to take the case to trial, because it wouldn’t be a high-value case, and we could lose. But you never know when you put the case before 12 people,” Khashayar says. Despite the gamble of time and money, Khashayar and Semnar prevailed, winning a jury verdict of $195,000 for the young girl. “That case made an impression on me, and reinforced to me that being able to tell a story well in front of a jury can change people’s lives.” In another case, wherein Khashayar says that doing the right thing provided immense personal gratification, lies in the successful appeal, and subsequent confidential settlement he obtained against the County of Los Angeles and the Los Angeles Sheriff’s Department. In this case, 2nd Civil No. B246063, Khashayar recalls, “Even the judge had been against us and refused to let our evidence in, dismissing our expert at 24 Attorney Journal Orange County | Volume 137, 2017

first and ultimately dismissing our case. We appealed that, and won. We then went to trial again, and received a great result for our client, who was very happy.” Accumulating such victories is clearly what drives Khashayar to continue fighting in courtrooms for his clients. But it was the stunning victory in 2016 that would cement his position as a trial attorney that no company nor insurance company wants to face in court. In Asbaghi v. Nydegger, Khashayar was called in after the plaintiff had spent two years with a malpractice attorney, and needed a formidable trial attorney. “The plaintiff called a colleague and friend of mine from the Bay area—Kambiz Adibzadeh—for a referral. I became lead trial counsel, with Kambiz Adibzadeh as second chair,” Khashayar says. The team represented the plaintiff in the breach of fiduciary duty and legal malpractice case, wherein his client’s patent attorney failed to renew the patent fee on a unique dental device. Consequently, the patent was abandoned. Khashayar had the case for just five months before it went to trial in early August 2016. “My client had asked for the policy limits, but the final offer was only about $200,000. Since we had asked for the limits, when the jury delivered its verdict in our favor, the insurance company found themselves obligated to pay. We asked for the limit, they kept saying no, so we took it to trial and they wound up taking a huge hit,” he says simply. That case has been transformative to say the least, as Khashayar’s success in the stunning victory put him in the Top 50 Verdicts of the nation. Suffice it to say, he’s been invited in on many cases set for trial as the result. “There are a lot of great attorneys in San Diego, and throughout the state, who don’t have a lot of trial experience. I do have a lot of experience in trials over the past 12 years, and I love being in a courtroom,” he says. Other significant victories for Khashayar’s clients range from a recent $1.25 Million Bad Faith claim against a title company

for wrongful denial of a title insurance claim. In Landmark Lending v. First American Title Insurance Company, Khashayar and his team secured the full award of $1.25 Million after the claim was denied, and legal battles waged on for years. Other significant wins include those dealing with Securities Fraud, Breach of Contract, and Personal Injury. “Our firm is set up with the goal of trial,” says Khashayar. “I personally meet and work with all of our clients, so they aren’t pushed off onto a secretary, or a new attorney. I handle their cases.” However, thanks to his incredible successes, Khashayar is now able to be selective about the cases he takes, and says that his firm abides by a quality over quantity mentality. “I don’t take cases just to take cases. We don’t have more than 40 cases at a time. I’m not promoting on billboards, because we would much rather take 5 good cases, than have 50 run-of-the-mill cases,” he says. This is by design, as Khashayar says, “When clients hire us, they are not getting settlement attorneys. We devote 100% of our attention to that client. We are aggressive trial attorneys, and we get bigger and better settlement offers because I am always willing to go to trial. We are not afraid of going to court, because when we go, we are prepared. I know every single piece of evidence, I know every single witness, and I know that defense firms are going to try to scare me by filling me up with paperwork. I expect it. But if I had a nickel for every time I’ve been told by defense attorneys or mediators that I would get nothing more than their offer for my clients, and I should take it and run, I would have too many nickels to count,” he says. Khashayar is quick to point out that although he is the face of the firm, and ultimately its success, none of it would be possible without the team effort at Khashayar Law Group. “We have both a litigation team and a transactional team, and

I have wonderful attorneys including Angela Ness and Taylor Marks working with me on these cases. My office managers and administrators, Tabitha Darden, Jodi Ziegler and Jessica Elias, are incredibly hardworking and talented as well. I couldn’t do what I do without the support of our entire team.”

Trial Success is Complemented by Transactional Talent With all the success of its litigation department, which is largely devoted to business litigation, Khashayar Law Group’s Transactional team is certainly a formidable division as well. In fact, the transaction team at Khashayar Legal Group took over the reins of what was formerly LOKK Legal. “LOKK Legal was my younger brother, Koorosh Khashayar’s law firm (Law Offices of Koorosh Khashayar). He passed away in September 2015 suddenly from a seizure,” Khashayar says. Though the sudden tragic loss obviously left his family shocked, Khashayar has done what he can to not only honor his brother, but to help raise awareness and research funds for epilepsy. Lokk for Epilepsy (www.lokk4epilepsy.com) is dedicated to “raising funds and awareness for epilepsy research,” says Khashayar. “My brother was a pillar of the San Diego community and a successful young attorney who worked hard to help people in the community. He volunteered his free time to feed the homeless at the Urban Angels in San Diego, and walked 60 miles to support the Susan G. Komen foundation’s 3-Day walk for breast cancer awareness numerous times,” he adds. Continuing he says, “This foundation is our way of honoring Koorosh’s commitment to helping others. He had lived with epilepsy since he was 17, but did not want any sympathy. He

Moving Forward: Remaining True to Firm's Strengths As Khashayar Law Group continues to grow, with offices throughout Southern California, and a strong presence in Khashayar’s native Bay Area, he intends to stay true to what has been key to his remarkable trajectory of success thus far. “Our business has grown by word-of-mouth referrals from past clients, and from attorneys who call us in to try cases. We welcome these opportunities as trial work has been my passion from the start,” he says. As a firm, Khashayar says that he expects to add no more than a couple of attorneys over the coming years, because he frankly enjoys being hands-on in all the firm’s cases. As such, although the firm is primarily focused on civil cases, from time to time he is still happy to take on a criminal case. “I’m selective about my cases—especially the criminal cases, but I do love being in trial at least 3-4 times a year. So, when I see a defendant not being treated right, I will certainly look at the criminal case.” As for when Khashayar isn’t busy advocating on behalf of clients who have been wronged, or keeping the firm’s transactional department running like a well-oiled machine? He says that there’s no way he’d rather spend his time than with his family. “I love spending time with my wife Sheila and my children Shayan (8) and Donya (7). Sheila has been extremely supportive to my law practice and has been amazing when I am away on trial for long periods of time. Without her support at home as well as the home trial brainstorming we do before my closing arguments, I would not be here now. She is very opinioned and has let me know on numerous occasions how I should approach my closing arguments, and it has paid off on many occasions. Sheila and my kids are my life; I enjoy taking the kids camping, going to the beach, and both Sheila and I love attending our children’s events.” “Additionally, my mother Roksana Safaie has been an amazing support to my career. The sacrifices she made, including putting me through law school and beyond, have been essential to my success. I would not be here without the strong women in my life,” he says. “I’m a very lucky man to get to do what I love, to be recognized for doing my job well, and to have such a wonderfully supportive family.” n Contact Daryoosh Khashayar Khashayar Law Group 12636 High Bluff Drive, Suite 400 San Diego, CA 92130 858.509.1550 daryooshlaw@gmail.com www.mysdlawyer.com

26 Attorney Journal Orange County | Volume 137, 2017

EXPERIENCE

was full of life, and we want to do what we can to ensure that the frustration and loss we have experienced doesn’t affect others,” he says. Khashayar further honors his brother’s memory through maintaining a robust contract law department, where he continues to work with many of LOKK Legal’s clients.

» 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

» 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

Dealing With The “Leadership Vacuum” in Law Firm Management by Joel A. Rose

very law firm, regardless of size, needs leadership. Good law firm management cannot be achieved until all the partners agree to subordinate some degree of independence to a managing partner or an executive managing committee. The partners must strike a balance between their rights as owners and their responsibilities as citizens of the firm. They must relinquish some personal prerogatives in order to achieve the overall results that they would not be able to attain on their own. In theory, all partners are created equal. By dint of partnership status they are accorded the same rights and privileges. As many firms discover, though, this is not the case in practice. Invariably, each partner has his or her own idea about how to perform the job, and partners exercise their authority accordingly. If the firm is to establish a form of governance that will satisfy all of its members, the attorneys must first acknowledge the need for leadership. The designated leader, whether an individual or a management or executive committee, will not succeed until all attorneys in the firm recognize that the impetus for successful management is derived from the willingness of all firm members to be governed. The partners must also recognize that managing a firm, either as the managing partner or a member of a committee, is just as important and as difficult as performing client work. In some firms, the leadership role is assumed easily and naturally, because the individual is either a founding partner or controls a significant client base. In firms in which the partners are relatively young and inexperienced, the process of “natural selection,” as it were, may be somewhat more difficult, if not virtually impossible. In situations in which no partner surfaces as a natural leader or no one wants the job, the firm must take aggressive action if it wishes to grow and satisfy the professional, economic and personal objectives of its members.

Hard Decisions Needed In any case, the firm must make some hard decisions about the kind of leadership that is required and what the members are willing to live with. Should the general partnership elect a managing partner? Should this individual be appointed by the management committee? Sometimes the size of the firm will preclude this dilemma. The smaller firm is in a position to establish a democratic form 28 Attorney Journal Orange County | Volume 137, 2017

of governance that includes all the partners in a leadership role. If this is not practical, the partners face a difficult choice. They risk setting up two power centers if the general partnership elects both the management committee and the managing partner. This will create great potential for dissension and divisiveness. To avoid this debacle, selection of the managing partner by the management committee is the preferable course of action. What kind of person makes a good managing partner? Generally, lawyers are not recruited to a law firm on the basis of their interest or skills in management. They are rarely trained by the firm in management skills. Consequently, lawyers’ skills and levels of interest in management are greatly varied. Any management committee will include some attorneys who are good managers and some who are not. This should not be viewed as an obstacle. Management skills are not necessarily the only factors that qualify an attorney to serve on a management committee. It may be equally important to provide equitable representation on the committee to each of the groups of lawyers that constitute the law firm. The requisites for leadership are, in this day and age, well known. The leader must garner respect and support, have clout and wield it when necessary. The leader’s skills must combine judgment, timing and vision. The managing partner must keep the objectives of the firm in proper perspective. The managing partner must be able to rise above the “self” and understand that the good of the firm must come first. The managing partner must be able to make decisions and have them stick. Perhaps most important, the managing partner must want to manage the firm. Many partner, want a great deal of “say” in firm operations, but stop short of following up on their advice or opinions with recognizable action. Such “management by debate” leads many management committees down a blind alley of endless discussions and meetings. It can be generally agreed that the members of the management committee and the managing partner, as lawyers, want primarily to practice law. The amount of time available for management is limited and must be used wisely. Collaboration is the best way to generate ideas and options

for managing the firm. In the most successful firms, much gets done by teams of partners pulling together. The firm, not the leader, becomes the star; the leader serves primarily as the one who articulates the firm’s goals and plans for accomplishing its objectives. There are some management functions, however, that should be performed by the management committee or the managing partner and should not be delegated. There are other tasks that may be performed by either the committee or the partner, but also may be performed by individual members of the management committee or other lawyers in the firm. The managing partner and the committee should be charged with those functions that require their specific talents and energy. In placing responsibility for other tasks, it is important to make certain that the management committee and the managing partner have the time to perform the functions that only they can perform.

Management Checklists The following are some of the functions that the management committee should perform: 1. M onitoring the firm’s economic performance. 2. Providing long-range planning and direction. 3. Making certain that systems are established and individuals are responsible for all the areas of the firm’s management. 4. Making major decisions and recommendations to the firm in such areas as lawyer compensation, billing rates, opening of additional offices and entering new areas of specialization. 5. Communicating with the firm as a whole, so that the management committee has the benefit of the views of other lawyers and so that the other lawyers understand the decisions and programs that the management committee adopts. The following are some of the functions that the managing partner should perform: 1. M aintaining the morale of the lawyers, as a group and individually. 2. Anticipating management needs and making recommendations for fulfilling them. 3. Supervising the administrator. 4. Making decisions concerning matters that do not warrant consideration by the management committee, such as implementation of personnel policy. 5. I mplementing the management committee’s decisions by informing the proper attorneys and by following up to see that the decisions have been implemented. 6. C oordinating all management activities. Responsibility for the following functions may overlap, in that they can be performed by the managing partner, a member of the management committee or another lawyer: 1. Overseeing the firm’s financial matters and reporting system, including preparation and monitoring of budgets,

billing, collection, cash flow, analysis of management reporting for time and money and recommendations on investment of excess funds. 2. Overseeing lawyers’ career development, including evaluation, training and general work assignments. 3. Overseeing legal assistants’ career development, including evaluation, training and work assignments. 4. Investigating evaluating and making recommendations to the management committee on special projects, such as acquiring senior lawyers, opening additional offices and specialization in new areas. 5. O verseeing firm facilities, particularly expansion or remodeling. The following are suggested questions that a managing partner may use as a guide in determining whether his or her management practices and style of leadership effectively serve the firm. Communication 1. A re the firm’s methods of internal communication functioning well? 2. Do all of the attorneys attend meetings, dinners or luncheons? Are they invited? 3. Does the firm use announcements or newsletters? Are the attorneys invited to contribute to committee reports? 4. Does the firm hold retreats to disseminate information or address special topics? 5. Does the firm provide the attorneys, particularly junior partner and associates, with adequate feedback? Firm Policies 1. D oes the firm have an established policy concerning new clients? 2. Are the criteria for accepting or rejecting clients known to all the attorneys? 3. Does the firm have established criteria for hiring? 4. Does the firm conduct attorney evaluations on a regular basis? Are the evaluation criteria meaningful? Are attorneys informed of the results? 5. Are the criteria for becoming a partner or a member of the executive committee known? Are they reviewed on a periodic basis? 6. Has the firm established policies regarding nonbillable activities, such as pro bono work, client relations, community activity and firm administration? 7. Are the attorneys fully informed concerning the firm’s billing policies? 8. Do the attorneys know the hourly rates of partners and associates, and the policy concerning expenses? 9. Have the attorneys been informed about the incomedistribution structure for partners and associates? Organization 1. H ow are the departments organized? Are the areas of practice adequately staffed and supervised? Attorney Journal Orange County | Volume 137, 2017 29

2. Are the attorneys aware of the functions of various committees? 3. Do any of the younger attorneys serve on committees? Does representation on committees reflect all firm matters? 4. How is committee membership determined? Who serves on the committees? How are they selected? What is their tenure? 5. Does the administrative staff support the attorneys’ needs and requirements? 6. Is the firm’s equipment and office technology up to date? Decision-Making 1. D o the attorneys participate in decision-making? 2. Are the attorneys involved in the billing process, particularly the individuals responsible for the client and for performing work on client matters? 3. Are the attorneys’ views and input encouraged? 4. Are the attorneys informed about events and planning regarding the number of associates or paralegals to be hired? About department expansion or contraction? About major new matters? In assessing his or her function, the managing partner should realize that attorneys’ expectations regarding the practice of law may well be different from the expectations that attorneys held

ten years ago. These expectations may have changed in regard to hours of work, specialization, income, risk, independence and ethics. Attorneys have a greater desire to know the reasons behind decisions and to participate in decision-making. The managing partner might consider how the social, educational and economic backgrounds of the new crop of attorneys have changed, and how these changes may be reflected in their attitudes, needs and expectations. Ultimately, these changes will be reflected in the firm’s recruiting activities, turnover, work product and fields of specialization. In the final analysis, it is the work that binds and unifies the various components of the firm—that is, the attorneys. The prudent managing partner will recognize the need to chart a course that mediates between the requirements of the practice of law and the needs of those who perform the work. n Joel A. Rose is a certified management consultant and president of Joel A. Rose & Associates, Inc., management consultants to law firms based in Cherry Hill, New Jersey. He has extensive experience consulting with private law firms, and performs and directs consulting assignments in law firm management and organization, strategic and financial planning, lawyer compensation, the feasibility of mergers and acquisitions, and the marketing of legal services. He may be contacted at jrose63827@aol.com; Telephone: 856-427-0050 or 800-371-1645, Fax: 856-429-0073.

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