Attorney Journal, Orange County, Volume 149

ORANGE COUNTY

Volume 149, 2018 $6.95

Growing Your Practice: Small Law Firm Quick Guide

Bill Tilley

13 “MORE” SEO Specialists Share Their Best Tips for Lawyers

California Case Summaries Civil

Monty A. McIntyre Is There Gold in Your File Cabinet?

Chris Dreyer

William Turley Balancing Act— Lawyers, Time, and Life

Roberta Tepper

Attorney of the Month

Daniel Kim,

Law Offices of Daniel Kim, Orange County

Military Training Brings Peace of Mind to Legal Clients

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2018 EDITION—NO.149

TABLE OF CONTENTS 6 Is There Gold in Your File Cabinet?

How to Really Help Your Clients and Make Money

by William Turley

EXECUTIVE PUBLISHER Brian Topor

10 California Case Summaries Civil™ Organized Succinct Summaries of New Civil Cases

by Monty A. McIntyre

EDITOR Wendy Price

12 Community News

CREATIVE SERVICES Skidmutro Creative Partners

14 Growing Your Practice Small Law Firm Quick Guide

CIRCULATION Angela Watson

by Bill Tilley ATTORNEY OF THE MONTH

PHOTOGRAPHY Chris Griffiths

16 Daniel Kim, Law Offices of Daniel Kim, Orange County Military Training Brings Peace of Mind to Legal Clients

STAFF WRITERS Dan Baldwin Jennifer Hadley CONTRIBUTING EDITORIALISTS Roberta Tepper Monty A. McIntyre Bill Tilley William Turley Chris Dreyer 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.

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by Dan Baldwin

22 13 “MORE” SEO Specialists Share Their Best Tips for Lawyers

by Trey Ryder

26 Balancing Act— Lawyers, Time, and Life

by Roberta Tepper

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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 2018 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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Is There Gold in Your File Cabinet?

by William Turley

How to really help your clients and make money— where you’re not trading your time for money

W

hat do doing the right thing, helping your clients, Sutter’s Mill, Robert Kiyosaki, and you making a lot of money all have in common?

I’m sure you’re thinking, “Bill, how in Mark Twain are you going to spin a yarn that includes California’s Gold Rush, the life-changing book Rich Dad Poor Dad, my file drawers, helping clients, and making a lot of money?”

Well, stick with me a few minutes and we’ll see if we can’t put it all together for you. I suggest you don’t jump to the end about you making a lot of money, but instead, read the whole article so you understand how this all goes down.

The California Gold Rush My ten-year-old daughter performed an end-of-the-year school play recently about the California Gold Rush. You probably know the story about gold being discovered at Sutter’s Mill and that thousands of people migrated to California in 1849 in hopes of striking it rich with gold. The economy was booming in Northern California during the Gold Rush.

Wages and company profits Similarly, our current economy has been booming now for over 10 years. There has been and is huge pressure on companies—from mid-sized companies to Fortune 500 companies—to show growth and profit every quarter during this sustained bull market.

One easy way for companies to increase profits is to decrease wages. For most companies, wages are the number 6

Attorney Journal Orange County | Volume 149, 2018

one expense each quarter. In the corporate world, time is money for labor costs. When a company cuts wages, then the quarterly profits increase.

One way to increase profits is to steal wages. This can come in the form of not providing legally compliant breaks, not paying for all time worked, not paying overtime, shaving wages, not reimbursing workers for business expenses, misclassifying employees as independent contractors and literally dozens and dozens of other California Labor Code violations.

Truth is, companies profit by stealing wages When workers’ wages are stolen, even if the company is caught (read a class action case or Private Attorneys General Act [PAGA] case is filed), the company usually only must pay out a fraction of the wages that were stolen.

Companies profit by “cutting corners” of the California Labor Code. This happens every day across California.

Companies keep on stealing wages and getting sued for it again and again because the company knows that they almost never have to pay back all the wages that were stolen.

It’s easy to justify when you see the California Labor Code as being unfair to the company These companies feel that the California Labor Code is unfair. Let me give you an example. I was at my kid’s game the other day. One of the parent’s asked me what I did. I

told them that I represent workers in unpaid wages class actions. Their response was, “You don’t do those tickytacky technical ‘I didn’t get my breaks,’ cases do you?”

That’s how these business owners see worker rights to a meal break and rest break—as “ticky-tacky.” Meaning, they don’t see worker’s right to a break as something that is important. At least, not to them.

They think it’s ticky-tacky that workers want to get paid while they stand in a security line while coming and going from work. They think it’s ticky-tacky that workers want to get all the wages that they have coming to them under California law.

It’s well known that California has some of the strongest worker-friendly wage laws in America. Most companies see it as unfair that they must pay California workers’ wages that they don’t have to pay to their workers in other states.

It’s easy to justify cutting corners when you see it as “ticky-tacky,” technical, and completely unfair to the company. Which is also why so many companies don’t see it as wrong.

So, companies steal wages from California workers in droves. This happens across California daily.

You might be thinking, “Bill how do you know this?”

Because I’m on the front lines with unpaid wages lawsuits.

I’m frequently asked to testify before the California Senate and Assembly on potential wage theft legislation.

I represented the workers in what many lawyers consider the most important California Supreme Court case for unpaid wages—Brinker v. Superior Court. I have one of the largest wage and hour class action law firms in California. I see wage theft every day, day in day out.

Millions of dollars in Labor Code violations What you’re going to see is two things. First, workers (and some lawyers) don’t know the ins and outs of California unpaid wages law. For example, in the Brinker Supreme Court case in which I represented the workers, the California Supreme Court laid out four requirements employers must follow during meal breaks: 1. To relieve workers of all duties.

2. To relinquish all control. 3. To provide a reasonable opportunity to take the break. 4. Not do anything to discourage breaks or provide an incentive not to take the break.

And in the Augustus case, the California Supreme Court followed the suggestion that I laid out in my Supreme Court brief that employers have the same duties in providing rest breaks as they do meal breaks. There are many nuances for a company to follow the law in Brinker and Augustus.

There are dozens and dozens of other California Labor Code sections and Wage Orders that companies must follow which all have nuances and “technicalities.” What I see time and again, is companies not following what they consider to be these “ticky-tacky technical” laws.

For example, California workers are entitled to an hour’s pay for every missed meal and rest break. Which also give rise to paycheck stub violations and waiting time penalties. What you are going to see is these violations (and a myriad of other California Labor Code violations) add up fast. And for a medium sized company we are talking about millions of dollars and a larger company we are talking about tens of millions of dollars.

Helping your clients and finding gold in your file drawers You may be thinking right about now, this sucks (or you might not even care), but what does this have to do with me? If you’re a lawyer that has real people as clients, then you should listen up. Because we’re just getting to the part about how you can help your clients and do the right thing, while finding gold in your file drawers.

Mining the gold in your file drawers During the California Gold Rush, miners would stand in the rivers of Northern California, sifting the water and sand, looking to find gold nuggets.

I suggest that you could and should do the same with your file drawers. Instead of mining for gold, you are looking for clients that work for companies that have 100 or more workers. They don’t all have to be hourly employees. Viable unpaid wages cases involve sales persons, improperly calculated incentive pay, workers mis-characterized as independent contractors, hourly workers and the like.

The biggest problem you’re going to have is that you’re not going to know whether there are Labor Code violations or not. In other words, as they say in law school, in most instances—you’re not going to be able to “spot the issues.”

So, what I suggest is that you team up or work with a respected unpaid wages class action lawyer/PAGA lawyer. The problem here is that many lawyers say they have expertise in this field and they will only see the more obvious Labor Code violations.

Time and again, I have had clients hire us after first contacting other law firms and we have gone on to recover seven-figure or even eight-figure results for them because the first lawyers they contacted, literally, didn’t spot the issues. Of course, every case is different and past fantastic results in cases don’t guarantee any result in future cases.

Attorney Journal Orange County | Volume 149, 2018

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The good things you accomplish by referring an unpaid wages class action case

Make sure you refer your unpaid wages case to a law firm that protects you and your client

First, you are helping your clients get the unpaid wages that they are entitled to under California law. Many of these clients live paycheck to paycheck and the unpaid wages you help them recover will be greatly appreciated by them and their family. It is very satisfying when you help your clients.

Second, you are deterring other companies from stealing workers’ wages.

Third, California law encourages you to refer legal cases to a specialist. The client benefits and you benefit by making the referral. The client gets money compensation for their unpaid wages. The lawyers we work with really appreciate it when they get a large attorney referral fee in a seven-figure or even eight-figure unpaid wages case.

Fourth, let’s get back to Robert Kiyosaki and his book, Rich Dad Poor Dad. If you haven’t read this book, I recommend you do. When you trade your time for money—like most lawyers do by billing clients hourly, you are limited by how much income you can make. But if you refer one of these unpaid wages to a good, honest unpaid wages class action/ PAGA lawyer then you are getting a referral fee and you are no longer trading your time for money.

For example, my firm has a system set up to screen cases referred by other lawyers and to make sure that the State Bar rules regarding referral fees are followed to protect the client and you. Whether it’s with my firm or one of the small handful of great, honest unpaid wage class action/PAGA law firms in California—you will be helping your clients and yourself by referring clients. This really is about helping clients and doing the right thing. n

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Attorney Journal Orange County | Volume 149, 2018

William (Bill) Turley has one of the largest and most successful unpaid wages class action/PAGA law firms in California. He represented the workers in the Brinker vs.

Superior Court case and regularly is asked to write amicus curie briefs before the California Supreme Court in unpaid wages cases. Bill is known as the go-to lawyer at the California State Capital for consulting on unpaid wages legislation.

Bill regularly testifies before the California State Senate and Assembly.

Dedicated To Protecting Our Clients’ Rights Specializing in: • Employment • Catastrophic Personal Injury / Wrongful Death • Insurance Bad Faith • Financial Fraud • Elder Abuse

Awards • Two-time Top Gun Trial Attorney of the Year (OCTLA: 2015, 2017) • California Top 100 Trial Lawyer Since 2007 (National Trial Lawyers: 2007-2017) • Southern California SuperLawyer (SuperLawyers: 2007-2013, 2015-2018)

440 W. First Street, Suite 101, Tustin, CA 92780 | 714.953.1010 Donahoo.com

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California Case Summaries Civil™ Organized Succinct Summaries of New Civil Cases

by Monty A. McIntyre, Esq. Below are some recent cases summarized by Monty A. McIntyre in his publication California Case Summaries Civil™, which provides organized succinct summaries, every other Monday, of every new published California civil case for only $7.99 a month. (Go to http:// montymcintyre.com/mcintyre/) Monty has been a civil trial lawyer since 1980, representing both plaintiffs and defendants in a broad variety of civil cases, and has 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 County Bar Assn. and the San Diego Chapter of ABOTA. Monty mediates and arbitrates at ADR Services, Inc., where he handles cases in the areas of business, commercial, elder abuse, employment/wage & hour, insurance coverage/bad faith, legal malpractice, medical malpractice, personal injury, real property and wrongful death. To schedule a mediation or arbitration, contact his case manager Kelsey Carroll at ADR Services, Inc. at (619) 233-1323 or kelsey@adrservices.org.

CALIFORNIA SUPREME COURT Civil Code National Shooting Sports Foundation, Inc. v. State of California (2018) _ Cal.App.5th _, 2018 WL 3150950: The California Supreme Court reversed the decision of the Court of Appeal finding that Penal Code section 31910(b)(7)(A) was unenforceable under Civil Code section 3531 because compliance with the Penal Code section was impossible.

Plaintiff alleged that dual placement microstamping technology was impossible to implement. The California Supreme Court ruled that Civil Code section 3531’s maxim that the “law never requires impossibilities” is an interpretive aid that occasionally authorizes an exception to a statutory mandate in accordance with the Legislature’s intent behind the mandate, but the maxim is not a ground for invalidating a statutory mandate altogether. (June 28, 2018.)

Civil Procedure Samara v. Matar (2018) _ Cal. 5th _, 2018 WL 3097960: The California Supreme Court affirmed the Court of Appeal’s decision reversing the trial court’s order granting summary judgment to defendant in a dental malpractice action. Plaintiff sued defendant and defendant Dr. Stephen Nahigian (Nahigian) for malpractice regarding a tooth implant, claiming defendant was vicariously liable for the conduct of Nahigian. The trial court granted Nahigian’s motion for summary judgment based on the statute of limitations and lack of causation. Plaintiff appealed this decision, and the Court of Appeal affirmed on the timeliness issue but declined to address the causation issue.

The trial court later granted defendant’s motion for summary judgment finding that the earlier no-causation decision precluded vicarious liability against defendant. Addressing the 10

Attorney Journal Orange County | Volume 149, 2018

issue of claim preclusion (res judicata) and issue preclusion (collateral estoppel), the California Supreme Court ruled that, when a conclusion relied on by the trial court is challenged on appeal but is not addressed by the appellate court, the preclusive effect of the judgment should be evaluated as though the trial court had not relied on the unreviewed ground. It overruled the earlier inconsistent decision of People v. Skidmore (1865) 27 Cal. 287. (June 25, 2018.)

Construction United Riggers & Erectors, Inc. v. Coast Iron & Steel Co. (2018) _ Cal. 5th _, 2018 WL 2188916: The California Supreme Court affirmed the decision of the Court of Appeal. The “dispute exception” to prompt payment in California Civil Code section 8814(c) excuses payment only when a good faith dispute exists over a statutory or contractual precondition to that payment, such as the adequacy of the construction work for which the payment is consideration. Controversies concerning unrelated work or additional payments above the amount both sides agree is owed will not excuse delay. A direct contractor cannot withhold payment where the underlying obligation to pay the specific monies is undisputed. (May 14, 2018.)

Insurance Liberty Surplus Ins. Corp. v. Ledesma & Meyer Construction Co., Inc. (2018) _ Cal. 5th _, 2018 WL 2470975: When a third party sues an employer for the negligent hiring, retention, and supervision of an employee who intentionally injured that third party, does the suit allege an “occurrence” under the employer’s commercial general liability policy? The California Supreme Court answered yes to the question above posed by the Ninth Circuit Court of Appeals. Defendants were sued in a state court action because an assistant superintendent that they

hired for a construction project at a middle school allegedly sexually abused a 13-year-old student at the school. Plaintiff carrier defended the state court action under a reservation of rights but sought declaratory relief in federal court arguing that it had no obligation to defend or indemnify. The district court granted summary judgment to plaintiff on the basis that there was no occurrence under the policy because the act of hiring the employee was too attenuated from the injury-causing conduct committed by the employee. The California Supreme Court ruled there could be an occurrence under the policy because California cases expressly recognize that negligent hiring, retention, or supervision may be a substantial factor in a sexual molestation perpetrated by an employee, depending on the facts presented. (June 4, 2018.)

granted a motion to tax costs and erroneously found that plaintiff’s settlement offer under Code of Civil Procedure section 998 was ambiguous. The Court of Appeal ruled that, in the context of this case, where two sophisticated parties were represented by counsel, allowing an offer to compromise to be clarified in writing after the offer was made served the purposes of section 998 and such clarification encourages reasonable settlement offers to be accepted. The trial court also erroneously denied plaintiff and cross-defendant’s motion for attorney fees under Penal Code 502. The Court of Appeal ruled that the causes of action in the cross-complaint all related to a common core of facts, and therefore attorney fees did not need to be apportioned. (C.A. 4th, May 18, 2018.)

CALIFORNIA COURTS OF APPEAL

AHMC Healthcare, Inc. v. Superior Court (2018) _ Cal. App.5th _, 2018 WL 3101350: The Court of Appeal granted a writ petition and directed the trial court to grant petitioners’ (defendants in the underlying putative class action for wage and hour violations) motion for summary judgment. The Court of Appeal held the stipulated facts established that the use of a payroll system that automatically rounded employee time up or down to the nearest quarter hour, providing a less than exact measure of employee work time, was neutral on its face and as applied, and complied with California law. (C.A. 2nd, June 25, 2018.)

Krolikowski v. San Diego City Employees’ Retirement System (2018) _ Cal.App.5th _, 2018 WL 2326119: The Court of Appeal affirmed the trial court’s ruling for respondent, following a bench trial, on the writ of mandate and declaratory relief issues. It also affirmed the trial court’s order sustaining a demurrer to conversion and breach of fiduciary duty causes of action. Petitioners sued to stop respondent from seeking to recover overpayment of past monthly pension benefits after it discovered an error in calculating the monthly benefits. The Court of Appeal ruled the demurrer was properly sustained because respondent was immune from tort liability under Government Code sections 815.2 and 820.2. The Court of Appeal also ruled that no legal doctrine identified by petitioners prevented respondent from seeking repayment of the overpayments. (C.A. 4th, filed May 23, 2018, published June 14, 2018.)

Arbitration Smythe v. Uber Technologies, Inc. (2018) _ Cal.App.5th _ , 2018 WL 2752620: The Court of Appeal affirmed the trial court’s order denying a motion to compel arbitration in a putative class action for unfair business practices and intentional interference with prospective economic damage alleging that defendant engaged in a practice of directing its drivers and others to create and use fake Lyft accounts to request rides, thereby sending Lyft drivers on wild goose chases to pick up nonexistent passengers. Plaintiff was a driver for defendant and for Lyft. When plaintiff joined defendant, he signed two agreements containing arbitration provisions. The trial court properly ruled that plaintiff’s allegations were beyond the scope of the arbitration agreement and that the delegation provision was unenforceable in the context of the claims advanced in plaintiff’s complaint. (C.A. 1st, June 8, 2018.)

Williams v. Atria Las Posas (2018) _ Cal.App.5th _, 2018 WL 3134869: The Court of Appeal reversed the trial court’s order denying a petition to compel arbitration in a personal injury action by plaintiffs (a husband and his wife). The trial court denied the motion due to an integration clause, but the Court of Appeal ruled that an integration clause in a residency agreement did not preclude proof of a separate arbitration agreement. The Court of Appeal affirmed the denial of arbitration as to a claim for loss of consortium by plaintiff wife.

The Court of Appeal remanded the matter to the trial court to rule on the other objections raised against the petition to compel arbitration. (C.A. 2nd, June 27, 2018.)

Attorney Fees Prince v. Invensure Ins. Brokers (2018) _ Cal.App.5th _, 2018 WL 2276603: The Court of Appeal affirmed in part and reversed in part a judgment, following a jury trial, for plaintiff in the sum of $647,706.48. The judgment was affirmed but two post judgment orders were reversed. The trial court erroneously

Employment

Torts Coyle v. Historic Mission Inn Corporation (2018) _ Cal.App.5th _, 2018 WL 2998888: The Court of Appeal reversed the trial court’s order granting summary judgment to defendant in a case where plaintiff sued for injuries caused by a black widow spider bite while eating lunch at defendant’s restaurant. The Court of Appeal ruled that defendant had a duty to exercise reasonable care in relation to black widow spiders that pose a risk of injury to patrons on its premises, and the trial court erred in granting summary judgment. (C.A. 4th, June 15, 2018.) n

Attorney Journal Orange County | Volume 149, 2018

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COMMUNITY news  Hughes & Hughes, LLP, a family

law firm in Tustin, was recently honored as the 2018 California Small Business Association Honoree for Senate District 37 by Senator John Moorlach. Lisa Hughes, Bruce Hughes, David Wald, Stacey Stone, and Kathryn Yarnal were at the California Small Business DayTM 2018 held in Sacramento to accept the award.

LISA HUGHES Helmed by partners Lisa Hughes and Bruce Hughes, Hughes & Hughes LLP worked with Senator Moorlach from 2015 to 2016 on the passage of Senate Bill 1255. SB 1255 clarified an earlier California Supreme Court decision regarding the date of separation guidelines for dissolving marriages. SB 1255 effectively became the first bill from Senator Moorlach to be signed into law by Governor Brown, becoming California Family Code Section 70.

 Johnson Fistel, LLP is proud to

announce the addition Tiffany R. Johnson to their firm. “Tiffany is a terrific addition to our team. She brings nearly two decades of government trial experience to help our firm meet the needs of our clients,” said Frank J. Johnson, Johnson Fistel’s managing partner. Mrs. Johnson focuses her TIFFANY R. JOHNSON practice on complex business litigation and civil rights matters. Prior to joining Johnson Fistel, Mrs. Johnson was a Deputy Attorney General for the State of California for over twelve years where she primarily litigated civil rights cases through trial.

Have a Press Release you would like to submit for our Community News?

Email it to PR@AttorneyJournal.us

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Attorney Journal Orange County | Volume 149, 2018

 Bisnar Chase has once again

been recognized as one of the Orange County Business Journal’s “Best Places to Work” for 2018.

Helmed by nationally renowned trial attorney and managing partner Brian Chase, this is the seventh year in a row that the California personal injury law BRIAN CHASE firm has been named one of the best places to work. Since 1978 Bisnar Chase has represented more than 10,000 clients, recovering hundreds of millions of dollars.

 At this year’s Orange County

Women Lawyers Association 43rd Annual Gala, the inaugural Advancement of Women Award will be awarded to Best Best & Krieger, at The Resort at Pelican Hill in Newport Beach on September13, 2018. Best Best Krieger Partner Alisha Winterswyk will be accepting the award on behalf of her firm.

 Robert S. Marticello, Partner

ALISHA WINTERSWYK

at Smiley Wang-Ekvall, has been named to the 2018 Super Lawyers Rising Stars List. He concentrates his practice on business bankruptcy matters and related litigation. Mr. Marticello represents virtually all parties in chapter 11 bankruptcy cases and ROBERT S. MARTICELLO out-of-court restructurings, i.e., debtors, committees, secured and unsecured creditors, equity holders, trustees, asset purchasers, and others. He has represented clients in a broad range of industries, such as real estate, non profit, retail, restaurant, and technology, and has represented clients in multiple forums throughout the United States. Mr. Marticello is also experienced in representing plaintiffs and defendants in bankruptcy avoidance actions and plaintiffs in nondischargeability actions.

 Snell & Wilmer

is pleased to announce that four attorneys in the Orange County office have been selected for inclusion in the 2018 Southern California JEFFREY SINGLETARY Rising Stars list.

Rising Stars is a listing of lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. To be eligible for inclusion, a candidate must be either 40 years old or younger or in practice for 10 years or less.

The selection process is multi-phased and includes independent research and peer nominations.

Orange County based Snell & Wilmer attorneys selected for inclusion in the 2018 Southern California Rising Stars rankings include: Steffi Gascón Hafen, Estate Planning and Probate; Anthony J. Ippolito, Mergers & Acquisitions; Irina Ling, Estate Planning and Probate; and Jeffrey Singletary, Business Litigation.

STEFFI HAFEN

ANTHONY J. IPPOLITO

IRINA LING

 Chad V. Haes, Partner at Marshack

Hays LLP, has been named to the 2018 Orange County Super Lawyers Rising Stars list. Mr. Haes’ practice areas include bankruptcy litigation, business and civil litigation, lender liability, creditors’ rights, and appeals. He represents plaintiffs and defendants in complex civil litigation and creditors, debtors, trustees, and committees CHAD V. HAES in the bankruptcy context. He has litigated numerous appeals before the California Appellate Court, United States District Court, United States Court of Appeals, and Bankruptcy Appellate Panel.

Attorney Journal Orange County | Volume 149, 2018

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Growing Your Practice: Small Law Firm Quick Guide

by Bill Tilley

Turning Business Development Ideas into Reality Growing your firm is essential for small law practices. It is something that needs to happen but to which most attorneys fail to dedicate an adequate amount of time. One takeaway that you need to have when strategizing business development ideas is that they need to be actionable. Big picture talk is great, but you need to have step-by-step goals to reach the big picture. Without these actionable items, your ideas will rarely become a reality.

Focusing on the Return on Investment No matter what the strategy is for growth you need to focus on the ROI or return on investment. Without tracking expenses and gains, you will likely be throwing money away.

Before investing any money in a new marketing scheme or business development idea, you should define the goals of the investment. Knowing your goals will help you to measure your ROI. The goals should be broken down into benchmarks that will help inform your decision on whether to keep investing in the opportunity, change tracks or go in a new direction.

Say your firm decides to sponsor an event or program.

Sponsorships are a great way to get the word out about your firm. They are also a valuable networking opportunity. But sponsoring an event without trackable goals could be a waste of time and money. Start with an overall goal of the sponsorship such as generating three new clients. Then establish a plan to make that happen. Decide who will represent the firm and what their individual goals will be. Any contacts that are made during the event should be noted, and a follow-up email or card sent. You can weigh the expenses of the event against any new business that was obtained through contacts or referral sources and decide if the ROI was justified.

Understanding the Reach and Impact of your Content Any marketing communication should be tracked and analyzed to see what kind of an impact it is having on your contacts. One of the most natural areas to start is with email communications.

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Attorney Journal Orange County | Volume 149, 2018

If you send out a newsletter or other templated email you can track the number of people that are opening the email (open rate), those that opened the email and clicked on a link (Click Through Rate) and those that have unsubscribed. Tracking these metrics will determine not only the reach of your email marketing efforts but also if it is having a positive impact on your audience. You can assess whether to continue the campaign or to change the format.

Social media campaigns, blogs, and other online marketing efforts can also be tracked and analyzed. Some programs can help you determine the number of website visitors, their engagement and if they are converting into paid clients. The world of digital marketing and tracking your digital marketing efforts could fill pages; suffice to say here, you should be monitoring each campaign and using metrics to guide your spending. If you do not have an in-house marketing department, you should be working with a reputable outside company. Basic knowledge of digital marketing will go a long way in making sure that your firm is having success with each of your campaigns.

Investing in the Future Once you have the data, your law firm will be able to track information on the success of your investments. Regular meetings about your business development ideas and marketing strategies will help you assess what is working and what should be reconsidered. A firm grasp on your firm’s investments and the ultimate revenue from those investments will help to inform your decisions for each year to come. Over time if you do not see substantial growth, then your strategy should change. n Bill Tilley is the Founder & CEO of Amicus Media Group (AMG). AMG brings to the table an unparalleled network of media relationships and services to drive quality cases to law firm partners at the most costeffective economics possible. Utilizing the power of television, radio, and the web, AMG combines our extensive experience in legal marketing focusing on areas such as Mass Tort, Personal Injury, and Family Law. Amicus Media Group’s range of services spans from media buying, media management, performance marketing, campaign financing, and creative production. Learn more by visiting amicusmediagroup.com.

REFERRAL & CO-COUNSEL RELATIONSHIPS

Your

NEVADA

PER SO N AL IN JURY PA RTNE R

NEVADA’S LARGEST & HIGHEST RATED INJURY LAW FIRM Your

NEVADA

“Rick is one of the best lawyers in the country. I call him every time I have any issue in Nevada and would not hesitate to refer him any type of case ofPER anySON size.”AL IN JURY PA RTNE R ~ C. Michael Alder, Esq., Alder Law, Los Angeles, California CAALA Past President and Former Trial Lawyer of the Year

“I recently co-counseled a serious Las Vegas injury case with Rick Harris and his law firm. Rick’s advocacy and skills are extraordinary, and were instrumental in resolving and maximizing our client’s sizable recovery.” ~ Carl Wolf, Esq., Callaway & Wolf Northern California Super Lawyers San Francisco, California

© 2016 RHLF

MILITARY TRAINING

Brings Peace of Mind to Legal Clients

C

ourt proceedings and legal negotiations are often framed in military terms in which attorneys face opposing forces, employ strategies and tactics, and even engage in verbal combat. Real-world military experience and service to country helped form the basis for the rapid rise and expanding legal reputation of Daniel Kim, founder of The Law Offices of Daniel Kim. Lessons learned in combat zone survival apply equally well to succeeding in the highly competitive world of the legal profession. Kim says, “The biggest thing is time management. An attorney must be able to make moves in a calculated manner. In a war zone you have strategic goals and you have tactical goals.

Every movement has a purpose and that certainly applies in practicing the law. Composure and making sure that things are done in a very calculated manner are essential to serving the needs of a client and in building a successful practice.”

Kim was stationed overseas as a paralegal for the United States Army JAG Corps in Baghdad, Iraq, and below the 38th Parallel in South Korea where he was recognized as the top enlisted JAG member in the Asia Pacific region. During this period of service as a full-time soldier in a war zone, he was also a fulltime student obtaining his bachelor’s degree online with the University of Maryland. He completed his bachelor’s degree in three years with distinction.

Kim served in an area in which there was a need 16

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for constant preparation. His hours were “crazy” because he woke up at 5 a.m. and spent the day as a service member. When the day ended about 6 p.m. he would go to school in the evenings, and later study on his own. The routine repeated daily, so efficient management of time and energy was crucial.

“The extreme time management I learned to balance my work with my studies paved the way for me to apply such rigorous commitment to building my practice,” he says.

That practice has grown at a rapid rate and an equally rapid-growing list of clients has made Kim one of the top Personal Injury attorneys in California.

Founded five years ago, The Law Offices of Daniel Kim currently employs between 25-30 administrators, certified paralegals, legal assistants, case managers, private investigators, and attorneys.

“We do not claim to be a jack of all trades. We only do one thing and that’s representing clients in car accidents, and we do it very well,” Kim says. The firm has settled more than $100 million in settlements and verdicts. Kim been awarded 20 separate awards from being recognized as one of the Top 40 Trial Lawyers Under 40 for California by The National Trial Lawyers, to being selected among the Nation’s Top One Percent by the National Association of Distinguished Counsel and being awarded with the Martindale-Hubbell AV Preeminent Rating.

ATTORNEY

OF THE MONTH

© Bauman Photographers

2018

© Bauman Photographers Members of Daniel Kim’s cornerstone personnel include Carolina Silva, Nancy Aguilar, Risa Robitaille, Mina Kim and Jacqueline Bautista

BECOMING THE “PATCH ADAMS” OF PERSONAL INJURY Growing up, Kim knew he would choose a career in medicine or the law because he felt a strong desire to help people at the times when people need help most. He eventually chose the law because he felt he could more appropriately apply his background, experience, and creativity in resolving situations for people in that arena.

Kim worked briefly at personal injury law firms during law school and immediately thereafter where he saw that many firms lost their focus on their clients’ needs. Kim believes strongly that Personal Injury is a customer service-

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oriented practice where the client should be the focus. “I wanted to build an organization that consciously strived to be the ‘Patch Adams’ personal injury law firm of California.”

Patch Adams is the medical doctor, social activist and clown who was the subject of a major motion picture starring Robin Williams.

Kim wanted to create a firm that treated clients as people and not merely case files, but rather as husbands or wives, parents or siblings or children with real problems who need real solutions. Achieving such results begins with having genuine compassion and patience with clients and a genuine belief that this type of work is much like a public service.

Personal involvement in personal injury added a dramatic impetus to his drive to create a client-centric practice. After

© Bauman Photographers

moving to California in 2010 and while still attending law school, Kim’s wife, Mina, was involved in an automobile accident when another, larger vehicle broadsided her and nearly totaled her vehicle. She was pregnant at the time. Following the accident, she developed severe ongoing pain that was never resolved.

Liability was not in dispute.

They hired an attorney through a personal referral, believing that all attorneys are alike, and the results should be the same. Unfortunately for the couple, this was not true. The case took about 2.5 years to resolve.

The couple had to settle for just $500.00. “This is when I realized the attorney behind the case makes all the difference in the world. So, this is how the journey began. I knew that I could do a better job,” Kim says.

His real-world business approach and his commitment to running an efficient yet client-centric firm helped create one of California’s premiere Personal Injury firms.

Efficiency is key in building any business, especially a legal business.

Kim believes that efficiency is not a vague concept but is measurable through organized analytics. He compares the legal arena to the sports arena. He cites how analytics have completely changed the game of basketball to prove his point.

“As a basketball fanatic, I know that analytics allowed teams to dissect in granular detail play selection, scoring, defense, player rest, and even the use of hacking for players with lower free throw percentages. I apply the same concept to building a law firm and the use of case management software. I need to know what specific areas of improvement I need to make through use of reports to make sure specific teams within my organization better serve clients in general to maximize their case values,” he says.

Daniel and his wife Mina Kim, who is a Case Manager at the firm

A BUSINESS APPROACH FOR MORE PERSONAL SERVICE “I come from a very business-oriented mindset focused on efficiency. That’s how you offer better service to your clients. It’s a constant way of asking, ‘How can I make things better?’ I am not necessarily an attorney who owns a business, but I am a businessman who happens to be an attorney.” He cites as an example of his approach to a case handled in the early days of his practice.

He represented a client named Jason, a man married 15 years and with four minor children. He worked long hours as a mechanic during the day and as a driver at night to make sure his family was taken care of. One night, as he was stopped at a red light, he was rear ended by a large F-350 driving nearly 50 miles an hour. This accident changed his life forever as Jason needed multiple back surgeries in his recovery. He could no longer work as a mechanic or drive. As the sole bread winner of his family, he became depressed as he felt helpless to protect and provide for his family. His family nearly became homeless as they had to move into their relative’s home to stay afloat, especially in needing the help to take care of their small kids.

Kim took the case and teamed up with a videography company that produced a day-in-the-life video of Jason and his family. In this project, he got to know very closely Jason’s wife, the four children, his brother, sister, uncle, friends, and former mechanic co-workers.

“It was in this case I realized that the injured client is only the start of the ripple effect.

Accidents truly affect every family member and the ripple effect goes much further than

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A MORE PERSONAL PERSONAL INJURY LAWYER Kim describes his firm as a Class A personal injury law firm that provides white-glove service to injured clients.

Their corporate motto is “A More Personal Personal Injury Lawyer,” which to Kim means taking a hands-on approach with clients and staff without slipping into the trap of micromanaging.

His philosophy is to provide enough communication and contact so his staff knows how he works and the nuances of his expectations so that he is confident that they will handle a case or a situation as he would handle it. “I have the belief that ultimately you must be the go-to person of the field you are in because of the knowledge you have acquired,” he says.

Kim says that an attorney representing people who are injured should have a deep medical understanding about the symptoms, conditions, and procedures utilized to remedy the conditions to abate the person’s symptoms.

This gaining of knowledge would be directly applicable to the work of the attorneys, legal assistants, and all personnel at the firm. “We’re not medical professionals, so we never offer medical advice, but I believe it is essential that staff are empowered to better understand what our clients are going through and empathize with them. That requires that we have the needed foundational medical knowledge.”

To back up that belief, Kim has chiropractors, physical therapists, radiologists, pain management physicians, orthopedic surgeons, neurologists, audiologists, optometrists, and other specialists come to the office twice every month to provide medical seminars to all his staff. He expects and challenges his staff to always hone their knowledge because that knowledge will make them more effective at their position and will have a positive effect firm wide.

Although Kim and his team do employ strategies and tactics when facing opposing forces, the militaryinfluenced and client-centric business approach creates an efficient framework for genuine service from “a more personal personal injury lawyer.” n Contact Law Offices of Daniel Kim 611 Anton Blvd., Suite 925 Costa Mesa, AZ 92626 714-790-3560 www.dkimlaw.com 20

Attorney Journal Orange County | Volume 149, 2018

© Bauman Photographers

EXPERIENCE

I previously imagined. Following that case, my outlook in representing injured clients from automobile accidents became so much more meaningful and sensitive to the entire family. I try my very best to treat the client as family and give them the same advice I would give to my own mother or sister,” Kim says.

» EDUCATION

• Chapman University School of Law, J.D. – 2010-2013 • University of Maryland, B.S., cum laude – 2004-2007

» HONORS & AWARDS

• The National Trial Lawyers Top 40 Under 40 (2018) • AV Preeminent Rating - Martindale Hubbell (2018) • Platinum (Highest) Client Champion Award – Martindale Hubbell (2018) • Million Dollar Advocates Forum – Lifetime Member • Multi-Million Dollar Advocates Forum – Lifetime Member • Perfect 10.0 ‘Superb’ Rating – Avvo • Clients’ Choice Award – Avvo (2014-2018) • Nation’s Top One Percent – National Association of Distinguished Counsel (NADC) (2018) • Best Attorneys of America – Selected Member (2018) • Top 10 Personal Injury Attorney Under Age 40 – American Institute of Personal Injury Attorneys (2018) • A+ Rating – Better Business Bureau • Top 10 Attorneys in CA for Personal Injury Law – Attorney and Practice Magazine (2018) • Lawyers of Distinction – Selected Member (2018) • Best Personal Injury Lawyer – Three Best Rated (2016-2018) • Elite Lawyers of America – Selected Member (2018) • Lead Counsel Rated (2018) • Top 10 Personal Injury Attorney in CA – National Academy of PI Attorneys (NAOPIA) (2018) • Top 25 Attorney in CA – Motor Vehicle Trial Lawyers Association (2018) • Top 10 Attorney in CA – Trucking Trial Lawyers Association (2018) • Army Commendation Medal – JAG Corps US Army (2010)

» PROFESSIONAL MEMBERSHIPS

• Orange County Trial Lawyers Association (OCTLA) – Member • Orange County Korean American Bar Association (OCKABA) – Former Board of Director (2015) • Consumer Attorneys Association of Los Angeles (CAALA) – Member

The Federal False Claims Act Process is Complex Don’t let your client’s case be lost due to hyper-technical procedural mistakes

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We’ve been litigating FCA cases for 30 years, are active participants in the major qui tam attorney organizations, and regularly share expertise with other practitioners. Our co-counsel have extensive experience as former governmentfalse-claims prosecutors, so we know what aspects of the case to focus on to encourage the government to intervene.

Our firm also focuses on:

Wrongful Termination and Retaliation claims

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13

“MORE” SEO SPECIALISTS

Share Their Best Tips for Lawyers

by Chris Dreyer

“IF YOU WERE WORKING WITH AN ATTORNEY TO IMPROVE A LAW FIRM’S SEARCH ENGINE OPTIMIZATION, WHAT WOULD BE YOUR #1 TIP TO GET RESULTS?”

T

his is the question we posed to more than 50 SEO specialists who have done SEO for lawyers. Their answers will provide you with good direction whether you’re formulating your own law firm SEO strategies or just looking for general advice.

If you want to improve your own website rankings or your clients’ website listings in the search engines, then this expert Q&A roundup is what you’re looking for.

Enjoy and share it with others. Thank you!

1

DAN GOLDSTEIN

www.page1solutions.com twitter.com/dangold59

I recommend studying your Google Search Console data and focusing on tactics that will have the most impact in your high priority practice areas. There is a tremendous amount of useful information in GSC. Use it to improve your search results and your lead generation.

2

KEVIN BLAND

www.theshitseo.co.uk twitter.com/TheShitSEO

To start with, I’d make sure their site is local SEO’d to the max.

Local SEO is a very simple thing to do, so will only take them three minutes to complete.

My second tip is to create 4000 pages of the same content but change it slightly to target specific geographical areas. Example: create a page that targets the term “Lawyers for sex offenders in Florida” this term is low competition with 6000 searches a

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month! Bingo! Create the page and gather up the leads.

My final tip is to create resourceful content that people want.

A guide on “how to get off a murder charge” or “legal advice for animal sex perverts” spring to mind as popular content that will get people linking and sharing like mad.

3

BEN WYNKOOP

benwynkoop.com twitter.com/benwynkoop1

Look beyond technical legal content. Previously, I worked as an in-house SEO at a law firm and at the time, we did not have a technical legal writer, so we focused on entertaining legal and personal injury-related pieces such as “10 Texting While Walking Accidents Caught on Video.”

Here is an action plan: 1. Propose 5-10 possible topics.

2. Analyze potential blogs to target during outreach to see if they reference external articles with links (in this example, we targeted sites that post outrageous videos).

3. Quickly identify if the niche you are targeting is not viable.

For example, mommy bloggers typically have a clear business model and will not meritoriously link out without payment, so you need a budget to target this niche.

4. Start with 100 outreach actions which include blogs, social media accounts with a large following, and relevant communities, such as Reddit.

5. If posting in relevant communities such as Reddit, you need to first establish yourself by contributing to the group instead of simply promoting your content.

4

FLOYD BUENAVENTE

www.buenavente.com twitter.com/SEOphilippiness

I would first check the firm’s competitors, check what keywords they are targeting, and work backwards from the competitor’s most shared content to their backlinks.

I would improve further the value being presented by the client website by using social media as a platform to increase social validation and followers, and then I would create a weekly podcast where the client will answer questions about law.

Value = Service.

5

HANNAH MCNAUGHTON metricmktg.com twitter.com/contentcounts

Remember that it’s not about you. This can be difficult, but the people who are coming to your site don’t want to be hit with information about where you went to law school and how many awards you have. Instead, focus on their needs. When someone comes to your site, they’re looking for information to help them—to solve their problems. They’re overwhelmed and in search of someone who cares and connects with them, so use your site as an entry point to build upon an educational, trusting relationship with them.

6

PAUL LOVELL

www.huskyseo.co.uk twitter.com/lovell_paul

My number one tip would be [that] your on-site SEO is taken care of. I would focus on local citation building—this is the building of your listings within high-quality niche-specific directories that do not necessarily link to your website.

Why are these important?

The value of your business being mentioned with the presence of NAP (name, address, and phone) means that Google sees your business as a legitimate one within the right directory. The more mentions of your business within these directories, the better you will rank in local rankings.

The thing to remember here is that even though links are important for SEO, these citation listings do not need to have links, as Google views them differently than how it views normal website links.

Also, do not forget the local directory site within your local area.

7

AARON AGIUS

louder.online/ twitter.com/iamaaronagius

My #1 tip would be to answer questions and solve the problems your prospective clients have using content. Maybe that means creating on-site content that’s worth linking to and sharing socially, or maybe it involves doing guest posting that drives links back to the relevant content on your site. Not only will this support both your SEO and content marketing campaigns, it’ll make the people who do encounter your content trust you enough that they’ll hire your services (or keep you in mind for future projects).

8

JIM BERT

apexchat.com twitter.com/apexchat

The number one tip I’d give an attorney looking to rank in Google is to first take the time to evaluate the competition in your local area and do your keyword research homework.

Finding a bunch of keywords with less competition, but enough search volume, will likely lead to more success than swinging for the fences and trying to rank only for “Personal Injury.” I’d recommend tools like SEMrush and Google Adwords to start.

9

CHRIS WEAVER

mwi.com twitter.com/cditty383

The most important aspect will be localized SEO and getting your results into the local 3 pack.

That means getting your NAP (name / address / phone number) accurate and consistent throughout the many different localized search and citation services (there are many tools out there to help you with this, such as Moz Local) and making sure you create a simple and easy way for your customers to review you online.

Finally, make sure your content is localized to your market.

Identify the problems occurring in your neighborhood and address them with your content vs focusing on national or international issues.

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10

CASEY MERAZ

jurisdigital.com twitter.com/caseymeraz

Marketing your law firm can seem like a daunting task. If I had one suggestion for attorneys to take advantage of that would bring them results, it would be to create useful and substantial content based on frequently asked questions their firm gets.

Start by asking yourself and your staff what questions people ask and make a list of these questions. Then brainstorm the related topics and answer these in a substantial and informative matter better than anyone else has done so far.

Write the content in a way that represents your brand and the way you want your firm to be displayed online. Think of it as a part of your personal reputation.

Once this content is written you can post it on your website, optimize it, and make it visually appealing. The key, however, is to not stop there. One of the added benefits to doing this is that the content can be re-purposed. When potential clients email you or you have calls with people that don’t turn into clients, you can collect their email address and send them the information. This also acts as a positive brand building experience for your firm while increasing your visibility in the search engines.

Useful content like this can also be re-purposed for email newsletters or videos!

11

ADAM DRAPER

gladiatorlawmarketing.com twitter.com/Adam_H_D

Have a plan to execute, which is different than an SEO plan.

We do way too many consultations where the attorney says they are going to blog regularly, and then doesn’t write a blog for months. Or promises to track where intakes come from, but makes no changes to their processes. Or makes it a goal to double the number of Google reviews, but never puts anything in place to ask more clients. SEO has very few secrets. It is about implementation and consistency.

And implementation and consistency is directly tied to accountability. Take the extra five to ten minutes to form an execution plan, that includes accountability measures, so that ideas become tangible progress.

12

GRANT BROTT

consultwebs.com twitter.com/grantbrott

Claim and fully complete your Google My Business listing and fill out all the details. This is your first step to showing up for relevant business searches in local, the more complete the more likely everything else will back it up and get you search results.

1. Business name = what is on your business license, not Car Accident Lawyer or some other practice area fill phrase.

2. Address = if in a suite or other space, make sure to list it as part of the address.

3. Phone = that location’s main line that is answered by a receptionist or intake person.

4. Hours = actual hours someone can walk in and talk to someone, not 24-7 unless you have people there 24-7.

5. Category = as specific as you can get. If you are a personal injury firm, then personal injury; criminal would be criminal defense, etc.

13

SELENA VIDYA orthris.com

With how localized the Google landscape has become, I would recommend focusing on both building local links, and creating local content that’s focused on setting the law firm up as an expert in its niche / areas that it serves.

There are a ton of local publications and blogs (this varies, depending on the city) that the attorney can reach out to and build a relationship with, which could lead to partnering on content, a column, Q&As, or other content to generate links/ traffic back to the firm’s site. Links are definitely not a dead thing, regardless of what Google says. Obviously, getting links from larger, national publications will be beneficial, but I think a strong local play is needed first and foremost, as that’s where their immediate market will most likely be.

There is also content that can be created on their own site to promote and earn links. The goal here would be to establish them as a “go to” resource for people who may be experiencing legal trouble and looking for advice, and hopefully convert them into clients. n

Chris Dreyer is the Founder & CEO of Rankings.io, which provides SEO (search engine optimization) services to lawyers, to help them obtain more clients, cases and revenue. To learn more, visit rankings.io or email Chris at chris@rankings.io.

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Attorney Journal Orange County | Volume 149, 2018

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Balancing Act— Lawyers, Time, and Life

by Roberta Tepper

Finally, it is all coming together. You’re licensed. You are ready to practice on your own, in a firm or in some other setting. You’ve networked; you have prospective clients; you are getting referrals. It’s all falling into place. But is it all too much?

There are so many demands on your time—clients, the court, friends, family, your pet—everyone wants some of your time.

You are constantly running, worried about getting behind, missing something, or not having time to see friends and family, a movie, binge-watch your favorite series, or just get a good night’s sleep.

Welcome to the balancing act. This is the challenge—how to build and grow your practice, provide great service to your clients, but allow yourself to have the life you’ve hoped a lucrative practice would provide. On the one hand, you don’t want to turn away clients or have them hire someone else. On the other hand, you are earning a decent income, would love to take a vacation, spend quality time with friends or family, or pursue the interests you set aside while you were in school and studying for the bar.

The solution is not easy, but it’s simple. It will take discipline and determination, but it’s doable. It’s not rocket science: you should set priorities for your professional and personal lives, and then prioritize tasks and effectively manage your time. Certainly, some factors will always be out of your control and will be challenging—court dates, deadlines, and the uncertainty that comes with dealing with other people and their own priorities. Nonetheless, imposing some order on the chaos is necessary if you are going to thrive personally and professionally in the marathon that is the successful practice of law.

So, how can you achieve balance? First, take a deep breath

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Attorney Journal Orange County | Volume 149, 2018

and focus. No one thinks best under stress. Now that you have cleared the chaos from your mind, at least temporarily, here are a few tips.

Learn—and then consistently use a time management strategy There are as many books, theories, and guides to time management as there are days of the year. Not all of them work equally well for everyone, but they share some commonalities. “To do” lists tend to become repositories of all the tasks and goals you want to achieve; what you need is a “to finish” list.

Take some time daily—not a long time, perhaps 15 minutes at the beginning of the day—to prioritize the three to five things that you must finish that day. Not just start but finish. Now, how much time will each of those tasks require? Make sure to allot the time necessary. Initially, you may not be expert at estimating the time needed for each, and a task may roll over to the next day’s “to finish” list. But you’ll get better at it.

Set a specific day and time of the week for administrative tasks and then stick to it. By setting aside time that is sacrosanct, barring a true emergency—think volcano eruptions or an imminent meteor strike—you will be certain that these essential tasks are regularly done.

Admit that no one can multitask It’s not you, and you aren’t a failure. No one can effectively multitask. This myth that we can do multiple tasks at the same time with the same (high) level of attention and focus has led us to feel like failures when we must admit that we are unable to do that. What multitaskers really do, recent thought on this issue tells us, is either bounce relentlessly in minute periods of time or focus unequal attention to a broader range of simultaneous tasks. Either way, we are not doing a great job at any of them. So, turn off email notifications and put your phone on silent, vibrate, or even better, “do not disturb” while you are working on a task. Focus on one at a time, for a finite period, until it is done.

Set client boundaries and expectations for each representation No one is, or should be expected to be, available 24/7/365. No one can be all things to all clients, and certainly not always. An exhausted, over-stressed lawyer is the last thing even the neediest client needs or deserves.

Make clear to clients the limitations of your availability.

Maybe it is longer than the “traditional” 8 a.m. to 5 p.m. working day. But that doesn’t mean that you need to be available always.

Explain to clients what qualifies as an emergency and what does not. This will vary with practice area, so there’s no bright-line rule. It is reasonable, however, to let clients know that if they call after hours they will need to leave a voicemail message, and when they may expect a return call for true emergencies.

Do not give clients your personal phone number or your personal email address. You should have a separate office phone number and email address. Apps like Sideline allow you to get a second number for your smartphone so that you may decide whether to answer a call to your office number after hours. Virtual receptionist services, if that is financially viable for you, also allow you to better manage calls and your time. Remind yourself that you deserve a personal life, time to refresh and renew, and to enjoy family and friends.

Unplug from time to time You were not born with a smartphone in your hand—it’s optional (albeit very useful) equipment. You don’t have to check texts, emails, or social media every hour of every

day. Give yourself a break occasionally; decide to have a technology-free day on a weekend. Too radical for you?

Okay, just give yourself a technology break a couple of hours before bedtime. The glow of your electronic device in the hours before bed may make it more difficult to get to sleep or maintain a restful sleep.

Wisely invest in and use technology Technology isn’t always the answer, but when it comes to being efficient and not spending “lawyer time” on support functions, it is important. Invest in a good practice management product. Many offer a bit of everything you need and can minimize the time you spend on administrative tasks. Yes, you will still have to allot administrative time. But why not use these systems to minimize that time? Even on a shoestring budget, practice management software is a wise investment. If you are in a state with a practice management program, the practice management advisors can assist by guiding you to a solution that will work best for you.

Use checklists and written procedures These mechanisms will help you be sure you aren’t missing any important steps, tasks or obligations.

Having a checklist or written procedure will make time management simpler by memorializing the steps necessary for specific office tasks, like calendaring or docketing. Save time and mental energy—avoid reinventing the wheel when completing tasks that are not as commonly done. Why waste time wondering how you did it the last time when you could take a few minutes to create a checklist or document a procedure?

Having written procedures also gives inherent value to your firm and will keep you organized.

Health and wellness You’ve heard a lot lately about lawyer well-being, mental and physical health, and mindfulness. These issues are vital to our competence as lawyers and to the success and longevity of our careers. Recent reports from national treatment centers and task forces highlighted what many have known for years—the physical and emotional toll of the practice of law can be extreme. Too many lawyers are burned out, stressed out, addicted, abusing alcohol, Attorney Journal Orange County | Volume 149, 2018

27

suffering anxiety and depression. Everyone has a different path to physical and emotional wellness. For some it may be physical activity, for some, it is yoga or meditation, for some… well, you get the hint. If you need help or think you may, don’t wait to ask or to check out the resources offered by your state or local bar association.

who can achieve this balance. It does, however, take some planning, some discipline, and some thought, to be able to achieve balance. Take it a step at a time, reach out to the practice management program at your Bar association, or to someone who seems to have mastered this. And don’t be discouraged if it doesn’t come together all at one time.

It’ll happen if you persist. n

Find a practice buddy

Roberta Tepper is the Lawyer Assistance Programs Director for the State Bar of Arizona, where she assists lawyers with practice management through Practice 2.0, the Bar’s practice management advice program, and administers the Bar’s Member Assistance Program. Roberta is an active member of the ABA’s Law Practice Division and serves on the Law Practice Division Council and the 2019 TECHSHOW Board. She is also the current President of the Arizona Women Lawyers Association Board of Directors. You may reach Roberta at Roberta.Tepper@staff.azbar. org or Practice20@staff.azbar.org, and follow her @AZPractice2_0 and ReadySetPracticeAZ.com. ©2018. Published in Law Practice Today, April 2018, by the American Bar Association. Reproduced with permission. All rights reserved. This information or any portion thereof may not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent of the American Bar Association or the copyright holder.

You may already know another lawyer with whom you feel comfortable. Find someone with whom you may exchange ideas, experiences, or just vent in your first years of practice. Of course, you’ll be mindful of client confidentiality, but having someone you talk with about your experiences and challenges, who is at the same stage of practice as you are, can provide a great outlet and resource.

It is possible to achieve balance You don’t have to have a life coach by your side; it’s not just those amazing people who never seem to need sleep

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Attorney Journal Orange County | Volume 149, 2018

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Dedicated Exclusively to DIVORCE & FAMILY LAW The Maggio Law Firm is solely focused on representing clients in both contested and uncontested Divorce and Family Law matters.

We are also EXPERTS in providing individuals or both parties who wish to achieve an amicable and cost-effective dissolvement of marriage through our Divorce Mediation services.

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Gerald A. Maggio

420 Exchange, Suite 270, Irvine, California 92602 | (949) 553-0304 | www.maggiolawfirm.com

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Attorney Journal Orange County | Volume 149, 2018

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