Attorney Journal, Orange County, Volume 143 by Attorney Journals

ORANGE COUNTY

Volume 143, 2018 $6.95

Don’t Rob Your Prospects of Their Scarcest Resource and What Not to Say When Marketing

Tom Trush

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

Monty A. McIntyre What Are the Most Important Functions of A Good Law Firm Website?

Jana Eatman

COMPANY PROFILE OF THE MONTH

Nexus Search Group, Serving Orange County Connecting People

Attorney of the Month

Shadi Shaffer, To Educate, Motivate and Protect

Asset Protection & Elder Law Center, Irvine

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Volume 132, 201 $6.95

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Abdicate, Delegate, Don’t unting Client Trust Acco

Your Network is Your Net Worth

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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

ORANGE COUNTY CORPORATE REAL ESTATE ADVISORS

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

2018 EDITION—NO.143

TABLE OF CONTENTS

8 Critical Success Factors: The Key to Exposing Demand by Mike O’Horo

12 Community News 14 Don’t Rob Your Prospects of Their Scarcest Resource And What Not to Say When Marketing

EXECUTIVE PUBLISHER Brian Topor EDITOR Wendy Price CREATIVE SERVICES Skidmutro Creative Partners CIRCULATION Angela Watson PHOTOGRAPHY Chris Griffiths STAFF WRITERS Dan Baldwin Jennifer Hadley CONTRIBUTING EDITORIALISTS Mike O’Horo Monty McIntyre Jana Eatman Tom Trush 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.

by Tom Trush

ATTORNEY OF THE MONTH

16 Shadi Ala’i Shaffer, Asset Protection & Elder Law Center, Irvine To Educate, Motivate and Protect by Dan Baldwin COMPANY PROFILE OF THE MONTH

22 Nexus Search Group, Serving Orange County Connecting People

by Dan Baldwin

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

by Monty A. McIntyre

28 What Are the Most Important Functions of a Good Law Firm Website? by Jana Eatman

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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Attorney Journal Orange County | Volume 143, 2018

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Critical Success Factors The Key to Exposing Demand by Mike O’Horo

Let’s get the new year started off on the right foot by simplifying what many lawyers struggle with. There’s a lot of confusing advice out there for lawyers who are trying to learn how to get clients. Let these three basic questions be your guide to simplified business development: What? Why? How?

Not “What legal problem,” but “What business problem.” By the time a problem is categorized as a legal problem, it’s too late. The conversation has moved on from “What should we do?” to “Who should we choose to perform this legal task?” The “business problem” conversation is the one they’ll welcome you to participate in. What’s happening in your clients’ industries? What macro forces are shaping their options? Think in terms of tangible stuff like strategy and operations. The success of every business is determined by six Critical Success Factors: n P roduct (or service, or idea; something to sell). They must produce it, license it, or buy it for resale. n C apital or other forms of financing the company’s operations. They have to raise equity investment or borrow debt financing. n D istribution i.e., how they’ll get what they sell to those who want to buy it. This includes marketing, advertising, direct sales, channel sales, physical distribution, warehousing, delivery, etc. n P eople to do all the stuff that needs done. They have to recruit, rent, hire, manage, compensate, train, reward, promote, discipline, fire, and retire workers. n F acility in which the people will do their jobs. They have to buy it, rent it, build it, upgrade it, expand it, or virtualize it. n G overnment licensing, taxation, regulation, compliance, enforcement, adjudication, etc. If you spend some time getting and keeping yourself informed, you should be able to create and sustain a pretty robust conversation about all that, and with far more people than are present in the Legal Dept.

Why is this problem important? Not every problem justifies a solution, decision-making, investment, and risk. That depends on the problem’s relative impact. Why must people care about it and do something about it? What are the specific strategic, operational, economic, and emotional consequences of the problem’s existence? Who among the “people” (above) are most affected?

How can you make a difference? Can you: n help prevent it n contain or limit its impact if it’s just emerging n remedy it if it’s already in full bloom “How” is not an invitation to pitch or describe your service and expertise. It’s not about you; it’s about helping the buyer navigate the transition from the “current state” into the “desired state.” If you do that, they’ll ask you about your role, capability, etc. They’ll hear your answer in a useful context rather than as abstract horn-blowing. Current State

nn ▲▲

Desired State

Transition

▲

What problem, situation, challenge or opportunity drives demand for your service?

▲

The discipline embedded in these three simple questions will guarantee your relevance, which will in turn guarantee your continued inclusion in the conversation, which will guarantee that you’re still around and in contact when issues arise that could reasonably involve you. Taken together, that means that you’ll eliminate the risk of being forgotten, or of having to figure out some clever way to manufacture a way to get in front of that client or prospect again. n

Mike O’Horo is a serial innovator in the law business. His current venture, RainmakerVT, is the world’s first interactive online rainmaking training for lawyers, by which lawyers learn how to attract the right kind of clients without leaving their desks. For 20 years, Mike has been known by lawyers everywhere as The Coach. He trained more than 7000 of them, generating $1.5 billion in new business. Mike can be reached at mikeohoro@rainmakervt.com.

Attorney Journal Orange County | Volume 143, 2018

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Attorney Journal Orange County | Volume 143, 2018

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COMMUNITY news n Umberg Zipser LLP is pleased to announce that Jeff Reeves has joined the firm as its newest litigation partner. Jeff is a trial lawyer whose practice focuses on litigating complex business disputes. He represents companies from the sports, nutrition, apparel, life JEFF REEVES sciences, entertainment and other industries in business and tort cases, including handling high-profile endorsement contract disputes, trade secret misappropriation cases, and data breach class actions. Jeff has dedicated a substantial part of his career to serving the Orange County community. He recently received the Anti-Defamation League’s Marcus Kaufman Jurisprudence Award. He also serves in a variety of leadership roles, including with the Orange County Bar Association, and sitting on the boards of the Orange County Bar Foundation, the Orange County Business Council, Hoag Charity Sports Events, DiscoveryCube, ExplorOcean and the MIND Research Institute. He is a past president of the Association of Business Trial Lawyers, the Federal Bar Association, and the Constitutional Rights Foundation. n Thomas F. Martin was recognized in the 24th Edition of The Best Lawyers in America for his work in workers’ compensation law – claimants. Hosted by Best Lawyers, the publication selects its honorees by conducting a rigorous peer-review survey, which THOMAS F. MARTIN includes more than 7.4 million confidential evaluations by top attorneys. Martin has continuously been included in this list since 1999. “To be included in The Best Lawyers in America publication is truly an honor. It’s a privilege to help those in need of worker’s compensation legal advice, and I am humbled to be recognized by others in the field,” Martin said. This recognition by Best Lawyers will be added to the list of accolades Martin has received, which includes being voted as Orange County’s “Best Workers’ Compensation Attorney,” “Workers’ Compensation Trial Lawyer of the Year,” by the Orange County Trial Lawyers Association, and listed as one of Southern California’s “Super Lawyers®.”

Attorney Journal Orange County | Volume 143, 2018

n The 2017-2018 Best Lawyers® in America have been announced and numerous Aitken Aitken Cohn attorneys have once again been included. This is the 30th consecutive year that founding partner Wylie Aitken has received the Best Lawyer distinction, the 5th consecutive year for partners Darren Aitken, Chris Aitken, and Richard Cohn, and the 2nd consecutive WYLIE AITKEN year for Ashleigh Aitken, Michael Penn, and Casey Johnson. The firm has the most listed lawyers in any practice area in Santa Ana, with more than double the number of attorneys recognized by Best Lawyers than any other firm in the city. n Kay Anderle, managing partner Keller/ Anderle LLP, has been certified as a life member of both the Million Dollar Advocates Forum and the Multi-Million Dollar Advocates Forum. The Million Dollar Advocates Forum is recognized as one of the most prestigious groups of trial lawyers in the United States. Fewer than 1% of U.S. lawyers are awarded this prestigious honor. KAY ANDERLE Kay specializes in trial practice, including commercial litigation, class actions, white collar criminal defense, and criminal defense. She is a Fellow of the Litigation Counsel of America, an invitation-only organization limited to the top one-half of one percent of the nation’s attorneys. She was recently awarded the 2016 Thomas A. Mesereau Cup for Outstanding Criminal Defense, given by the Litigation Counsel of America. Kay is listed in “The Best Lawyers in America®” in both white collar and general practice criminal defense, and was selected as Orange County Lawyer of the Year 2014 (Criminal Defense: Non-White Collar). n Distinguished legal scholar and teacher L. Song Richardson is the next dean of the University of California, Irvine School of Law, effective Jan. 1, 2018, becoming the only woman of color to serve in this role among U.S. News & World Report’s top 30 law schools. The UCI School of Law is the first public law school in California in nearly 50 years, opening its doors to the initial class in fall 2009. In the L. SONG RICHARDSON short time since then, it has become one of the top law schools in the country, ranked No. 28 overall by U.S. News & World Report, 10th among public universities. “UCI Law is extraordinary,” Richardson said. “It’s rare to find an elite law school with a world-class faculty that excels at both teaching and scholarship, a creative and multidisciplinary approach to legal education, and a commitment to creating and disseminating knowledge that improves lives and communities around the world.”

n The OCBA Alternative Dispute Resolution section will be chaired by Berger Kahn Shareholder David Ezra for 2018. Having previously served as Secretary/Treasurer in 2016, this new role is an extension of David’s knowledge, skill, and excellence in the practice of ADR. As Chair, he will serve as leader of a forum for the exchange of ideas, examination of trends in the field, and professional development of members interested in alternative dispute resolution.

DAVID EZRA

n Bisnar Chase is celebrating its 40th anniversary this year. Founded by John Bisnar in 1978, Bisnar Chase has gained a reputation nationally for fighting large corporations from insurance companies to automakers and manufacturers of defective products and garnering multimillion-dollar verdicts for catastrophically injured victims. The types of cases Bisnar BRIAN CHASE Chase has taken on and won have also made a long-term impact on consumer rights, said the firm’s senior partner Brian Chase. “We have several published appellate opinions that have helped and will continue to help injured consumers for decades,” he said. “These are legal opinions that deal with making our roads and highways safer and opinions that deal with making it easier to hold automakers accountable in auto defect trials.” They are currently working on a case representing police officers who have been injured after suffering carbon monoxide poisoning from exhaust fumes leaking into their Ford Explorer cruisers. Chase has already received acclaim for representing victims of these potentially defective autos on CBS Los Angeles and Good Morning America.

n Snell & Wilmer is pleased to announce Colin R. Higgins was elected to join the firm’s partnership and Andrew S. Flior and Erin Denniston Leach were elected to counsel, effective January 1, 2018. Colin R. Higgins is a 2009 graduate of Loyola University School of Law and is a commercial litigator. Higgins started as a summer associate with Snell & Wilmer in 2008 and has been with the firm ever since. Andrew S. Flior is a 2009 graduate of the University of San Diego School of Law. Flior was a summer associate with Snell & Wilmer in 2008, and after interning at the San Diego District Attorney’s Office, joined the intellectual property practice group. Erin Denniston Leach is a 2006 graduate of the University of California Hastings College of Law and has been with Snell & Wilmer ever since. Her practice is concentrated in employment litigation and counseling. Leach was named a Southern California Rising Star for Employment Litigation in 2013–2016, as well as one of Los Angeles Magazine’s Top Women Attorneys in 2016.

COLIN R. HIGGINS

ANDREW S. FLIOR

ERIN DENNISTON LEACH

Have a Press Release you would like to submit for our Community News? Email it to PR@AttorneyJournal.us

Attorney Journal Orange County | Volume 143, 2018

Don’t Rob Your Prospects of Their Scarcest Resource And What Not to Say When Marketing by Tom Trush

ver notice how many people want to steal your scarcest resource? They crave a piece of your time—often for their own benefit. But this theft isn’t only limited to people … each day hundreds of marketing messages attempt to rob you of your time, too. So how do you decide where to direct your attention? Well, fortunately, this decision mostly happens on an unconscious level. If you were consciously aware of every marketing message competing for your interest, you couldn’t function. Good thing you have instinct—that gut feeling that tells you (in a split second) when something isn’t worth your time. When marketing to prospects, you must overcome this intuition if you have any chance at getting your message seen or heard. Just like you, your prospects recognize promotional fluff. Your gut knows advertisements. Your gut knows when someone is selling. Your gut knows when something serves someone else’s interests. Am I right? Remember, the most effective marketing often doesn’t look like marketing. So, with this concept in mind, let me give you a challenge … When you write your next marketing piece, honor your prospects’ time by presenting information as if they were already your clients/customers. Ignore your desires. Forget about selling. Disregard your competitors. Snub the internal voice that screams, “You’re giving away too much!” Take this exercise seriously and I guarantee your marketing grabs more eyeballs and gains greater interest. Need an example to help you get started? Watch this nearly 12-minute video (with 9,823,202 views) from Dr. Robert Cialdini: http://youtu.be/cFdCzN7RYbw. He gives you six costless ways to persuade prospects and, at the same time, introduces you to his resources for improving organizational and personal performance.

Attorney Journal Orange County | Volume 143, 2018

WHAT NOT TO SAY WHEN MARKETING

While recently critiquing a few marketing pieces for a client, I was startled by a strange language style. It wasn’t that the words were vulgar. Or even that they were wrong. The problem was that I couldn’t imagine the client using the language in a conversation. Remember, marketing is just an extension of a one-on-one discussion. The only difference is—depending on the medium you use—you’re sharing an identical message with multiple people. Look at your last written marketing piece. Would you use the same words while speaking with a prospect? If you wouldn’t say something in a one-on-one conversation with a prospect, don’t say it in your marketing materials. Far too many entrepreneurs and executives use marketing to talk about themselves. So, you may see lists of accomplishments … heavily branded content … exaggerated claims … and language that needs a permanent home inside a thesaurus. Can you imagine a real estate agent greeting you and then rattling off a series of awards? Or what if you just met an accountant who explained how she’s “a leading provider of integrated information services and scalable workflow tools that create value-added alliances, while leveraging the evolving requirements of today’s business professionals”? If you’re a robot marketing to aliens, these approaches might work—but not with real people. So use your marketing to casually talk to prospects and deliver value. Your prospects will reward you with attention. n Tom Trush is a Phoenix, Arizona-based direct-response copywriter who helps entrepreneurs and executives craft lead-generating marketing materials. Pick up his latest book, Escape the Expected: The Secret Psychology of Selling to Today’s Skeptical Consumers, for free (just cover shipping) at www.writewaysolutions.com/blog/free-book-offer.

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To Educate, Motivate AND PROTECT “We got into estate planning before it was the hot area of legal practice because we have a love for family and proactively protecting clients from legal troubles.” “Being there for my clients and their families when they need me most—that is solid estate planning! I’m very passionate about educating my clients so that when they leave my office and I’m not in front of them, they can maintain their lives in such a way as to avoid probate and keep to the intention of the trust plan we put into effect in the beginning. What we need more in estate planning is a holistic approach - a long term relationship and not just a transactional one,” says Shadi Ala’i Shaffer. She and her partner, Patrick P. Phancao, are partners in the Asset Protection & Elder Law Center. For more than 15 years the Orange County-based firm has represented individual persons, families, businesses, corporations and professional partnerships. Shaffer and Phancao represent clients locally, nationally, and internationally, including Europe and Asia. Their practice includes Estate Planning, Probate and Trust Administration, Domestic and Offshore Asset Protection, and Medi-Cal planning. The firm’s talent base includes Associate Attorney Ruth Brissenden and Client Liaison and Paralegal Carol Ivancik. There is a lack of understanding by individuals and even professionals on the importance of estate planning, which is why the firm is focused on education. The typical client is generally someone 55–80 years old who knows the importance of a comprehensive estate plan. Many, however, do not have the knowledge to evaluate properly the many options available or the benefits and dangers within those options. One of the services the firm provides is lifetime guidance at no additional cost and a series of systems to monitor the progress of their

Attorney Journal Orange County | Volume 143, 2018

clients’ plan. “We’re all about systems. It doesn’t matter if you’re a $100 million client or if your estate is simply $100,000, you’re going to get the exact same service. The planning may be different, but we provide the same process and commitment to each and every client,” Shaffer says. The firm features no-cost consultations and are proud of their easy to understand approach to estate planning that their clients often rave about via on-line reviews and their YouTube videos. Cases are handled on a flat-fee basis so that each client knows the costs associated with the case before committing to a relationship. The term “relationship” is an essential building block of the firm’s business plan. Shaffer says, “Our clients can reach us via phone or email within 24 hours when they are in need of our guidance or help. The compliment I get the most is how I communicate to them in a way that helps them easily understand the estate planning process and my passion in educating them on all aspects of their trust plan. They love that we guide them through it all A-Z, from the drafting of the plan to ensuring their assets and real property are all funded under their trust or properly beneficiary designated. They also love that we handle probate and trust administration so we can assist their loved ones/beneficiaries in distributing the assets at the time of their passing.” “We got into estate planning before it was the hot area of legal practice because we have a love for family and proactively protecting clients from legal troubles.” Shaffer remembers the days when she was the only young female attorney in the

ATTORNEY

OF THE MONTH

2018 2016

probate court room and her colleagues asking why she would go into such a dry area of law. “I love estate planning—it is about protecting people, families, and their hard earned assets or ensuring the family business, or more importantly, a family’s legacy gets passed properly to the next generation.” The firm’s commitment can extend to people who are not yet clients. Shaffer once stopped an acquaintance (who was in his 50’s) to tell him she was concerned that he had not put his estate/trust plan in place. He had met with the firm about estate planning earlier, but had not yet hired them. She encouraged him to get his assets and estate affairs in order soon—whether or not he hired Asset Protection & Elder Law Center. A few weeks later he hired her firm. Approximately a year later their client passed away unexpectedly. Without the estate planning in place, his sizeable estate and successful businesses and operations would have left his family with significant legal issues, probate expenses, and a financial and personal mess. Clients agree with the process. One wrote, “Great Estate Planning Attorney! Shadi is professional, knowledgeable and extremely pleasant to work with! I was very pleased to work with such a knowledgeable and professional lawyer in the area of estate planning. Shadi was extremely informative and held our hand through the entire process. My husband and I had been dragging our feet for over a year to get our estate plan going (even though we knew we had to do it) just because it seemed so daunting... but Shadi not only made it easy for us but she made sure we understood everything we were signing and helped us get to the finish line. She was very easy to work with! I am recommending her to ALL my friends who do not yet have an estate plan in place. Thanks Shadi for making this happen for us. I sleep better at night knowing we have this in place and that you’ve done such a thorough job on it. We appreciate everything from the bottom of our hearts!” Pooja M.

A Family’s Experiences Help to Find a Niche in Asset Protection Shaffer is from an immigrant family. Her mother and father moved to the U.S. when they were a young married couple with a one-year-old son and only $2000 in their pocket. They didn’t speak English, but became one of America’s rags-to-success stories in New York where Shaffer was born. “I was an advocate early on for my family. My parents just didn’t know the law because they weren’t educated in it. I found that estate planning would be a place where I could be more proactive,” she says. Shaffer has lived in California since elementary school. She attended Dana Hills High School and then Saddleback College. She earned her Bachelor of Arts in Law & Society at the University of California, Santa Barbara. The following year, she completed her Masters Certificate while studying abroad in Spain. She earned her Doctorate degree at California Western

Attorney Journal Orange County | Volume 143, 2018

School of Law in San Diego, California in 2001 and was admitted to the State Bar of California in 2002. Following graduation she worked for a medium-size firm. There she developed what she calls her “love-hate relationship” with the business of law because she learned that some firms put the organization and its interests before the clients’ interests. “I wanted to help people avoid unnecessary legal costs and litigation. I wanted to be proactive, taking an offensive and not defensive approach in the legal work I provided. I didn’t want clients to come to us when they were being sued or when something went wrong; I wanted to prevent it from happening from the start. I also wanted to focus in an area of law that was non-adversarial and the nature of the practice was problem solving. Earning legal fees for being proactive and protecting clients feels much better. I went into business with my best friend of 23 years because of our likeminded values and focus on family. Patrick and I make an amazing team and our clients love that we are a family-based firm,” Shaffer says. Shaffer had an early interest in environmental issues and says she wanted to be an Erin Brockovich protecting people from big companies and their environmental harms. But her legal experience, growing up in an immigrant family and her personal goals and instincts led to what she had always done— protect parents and families who were taken advantage of often for their lack of understanding and knowledge. Her interest in estate planning was sparked early on by an attorney with whom she shared office space. She met his clients and experienced the processes and procedures involved in serving their needs. She discovered that she enjoyed working with and getting to know his clients and their families. Shaffer says, “Protecting someone’s hard earned assets and making sure that things were in order upon incapacity and death was something that came naturally to me. I absolutely love what I do and often my clients say it shows in my interactions with them and with the way we customize our comprehensive plans for them.”

“The Secret to This Job … Personal Relationships.” – Jerry Maguire Movie Shaffer and Phancao decided to operate as a boutique law firm. “We are not going to be a medium or large firm by choice. We like the boutique feel (and so do our clients) because we want our clients to have that close, personal relationship with us,” she says. Shaffer and Phancao have worked to create a turnkey approach to their comprehensive estate plans so they can efficiently assist not only the individual and families but the busy working professionals that often know the importance of estate planning, but can’t find the time to effectively put

Contact Asset Protection & Elder Law Center 17702 Mitchell North, #101 Irvine, CA 92614 714-966-2646 Shaffer@pslawyers.com AssetProtectionCenter.com 20

Attorney Journal Orange County | Volume 143, 2018

EXPERIENCE

one in place. They work with physicians and attorneys as well to properly protect their kids, homes, and successful businesses. They have clients as far as San Francisco who they have been able to protect through their turnkey estate planning system, many of whom have also received advanced estate and asset protection planning beyond a revocable trust plan. “I once went to my client’s medical practice just to have him sign and notarize his estate plan, as he had been postponing the trust signing for several weeks. To his wife’s relief, we were proactive and scheduled an appointment with his staff to have him meet with us at his medical office to sign his trust documents protecting his minor children, the family home, and the medical practice he had been tirelessly building for the past 27 years.” Their hands-on approach works as demonstrated by a letter from a satisfied client who wrote, “Dear Shadi, It has been a pleasure working with you to prepare estate plans for my partner and me. We are impressed with your knowledge, honesty and willingness to handle our unique circumstances. We appreciate your fun yet professional atmosphere and look forward to working with you for years to come. Your passion for what you do is evident in all aspects of your personality and business and we look forward to making referrals to you. With gratitude,” Vicky W. Shaffer says, “I love knowing that the things my clients have worked hard for all their lives are protected. That when the time comes, families can mourn the death of their loved one knowing things are in order. Or if the family needs to deal with a severe illness, accident or incapacitation, they can come together and focus on what is really important and don’t have to worry about things falling apart. I tell my clients the last thing I want you and your family to worry about is hiring me or another attorney for that matter.” Shaffer tells her clients and potential clients that although “life happens,” the point of sound estate planning is to prepare for the inevitable, so they will have the ability to make decisions relating to their loved ones based on what they want, not based on what an attorney, family member, or court system thinks they want. “Family is the cornerstone of our lives and we want to bring the same to our clients. We love what we do and building lifelong relationships with our clients is our goal and the core of our business plan. Keeping families protected and united is what we are about,” Shaffer says. n

» EDUCATION • Bachelor Degree, University of California, Santa Barbara • Masters Certificate in Onati, Spain • Doctorate Degree in San Diego, California • Admitted to the State Bar of California in 2002

» AWARDS & EXPERIENCE • AVVO Critics Choice Award 2017 • Yelp Preferred Five Star Rated Firm 2017 • Trust Talk Radio Show 2014–2015 • Fidelity Investments Estate Planning Specialist Southern California Region, 2015–2016 • Wealthcounsel Estate Planning Attorney Member 2005–Current • BBB Accredited A+ Business, 2016-2017

» COMMUNITY SERVICE • Behind the Scenes Volunteer of the Year 2016, Stand Up for Kids Orange County • For the Unseen, 501(c)(3), Board Member, 2013–Current • Stand Up for Kids Orange County, 501(c)(3), Board Member, 2009–Current • Veterans Legal Institute Volunteer • Served as a Big Sister with Big Brothers Big Sisters of Orange County • Former Board Member of the Pacific Youth Symphony

KHASHAYAR LAW GROUP A CIVIL LITIGATION LAW FIRM

Our experienced litigation teams are assisted by a support staff of professionals with diverse backgrounds. Our team is conversant in multiple languages, including Farsi, demonstrating our desire and ability to meet the needs of an increasingly diverse community. RESULTS

ACCESS

The San Diego personal injury team at Khashayar Law Group has received millions of dollars in compensation for our clients.

Our clients appreciate our hands-on attorneys and are reassured by their around-the-clock availability. At Khashayar Law Group, our clients can always speak directly with their attorneys at any time, day or night.

EXPERIENCE Some cases need to go to trial, and we are aggressive and experienced enough to take them to trial.

SKILL A personal injury lawyer not only depends on their knowledge of the law, but also requires the skills and experience to use that knowledge in negotiations and the courtroom.

COMPENSATION Cases of personal injury are not limited to instances of physical harm and loss. The damages can be financial, emotional or psychological, and harm your reputation. At Khashayar Law Group, we use the latest technology to test and refute evidence presented by opposing counsel to give your referrals the compensation they deserve.

GENEROUS REFERRAL FEES PAID â&#x20AC;˘ 858.509.1550 12636 High Bluff Drive, Suite 400 San Diego, CA 92130 400 South Melrose Drive, Suite 209 Vista, CA 92081

9454 Wilshire Blvd., Suite 615A Beverly Hills, CA 90212

KHASHAYAR LAW GROUP

CONNECTING

People

“A career change, whether lateral or vertical, is a significant moment in someone’s life and we feel honored to be a part of that process,” says Alicia Vargas, co-founder with Katie Dougherty and Nicole Sutton of Nexus Search Group. “We feel privileged to be a trusted resource to our clients when they are looking to add top-quality talent to their team,” Dougherty says. “We love our business and our community and look forward to being a continued part of its success in the years to come,” Sutton says. Nexus Search Group is a boutique search firm specializing in the permanent placement of attorneys and legal support professionals with top-rated law firms and corporations. The group’s specialization differentiates the organization from other local agencies offering temporary placements and other services. “The focus on direct hire placements is truly our passion. Our goal is to develop solid relationships with our clients and fully understand their culture, their teams and their specific hiring needs so that we can find them the best person who will ultimately be a good long-term fit for the team. The same idea relates to the job seeker as well,” Dougherty says. Their business plan is centered on knowing each client and each candidate as well as possible. Knowing what is truly important to each is critical in identifying opportunities that will be a natural fit. Tenured recruiters are rare. Although Nexus Search Group was founded in 2015, the founders had significant legal recruiting experience prior to joining forces. The team has served the Southern California legal recruiting business

Attorney Journal Orange County | Volume 143, 2018

through the many changes the SoCal legal community has weathered in the 21st Century. “We were here during the 2008-2009 recession as well as through economic boom times. We have seen the exit of large companies from the market place and have worked with many start-ups new to the SoCal business community,” Vargas says. The firm has experience working with virtually all industries, including bio-tech, real estate, health care and the service industry. Sutton says, “We believe that having a successful business is built upon making a positive impact in our community and we work hard to align with organizations with a similar philosophy. All three of us have a true passion for helping others and for providing the best possible service.” Each founder brings a unique background, experience and perspective to the organization. The success of the firm indicates that the different backgrounds and talents complement one another and allow for growth and development of each founder and the company. The founders say they share deeply held values that help determine what type of business they want to have and the image and reputation they want to earn and maintain within the business community. When Nexus Search Group began, Sutton and Vargas brought more than ten years of experience in the legal recruiting industry and an in-depth knowledge of the SoCal

JOURNAL

FEATURED COMPANY PROFILE OF THE MONTH

2018

“We feel grateful to be in this business where we can have a direct and positive impact on people’s lives and their families,” Sutton says of Nexus Search Group.

market. Dougherty had recent experience working in the legal recruiting industry, experience working in a management role for a staffing company, and was instrumental in running her father’s staffing business for several years. The mix of idealism about forming their own firm, serving a specialized market, and combined with real-world experience was ideal. Together they have developed a client- and candidate-focused service that responds to the current market needs. “We feel grateful to be in this business where we can have a direct and positive impact on people’s lives and their families,” Sutton says. A typical in-house client is one who either does not have an internal recruiter or a company that has an internal recruiter, but one who is responsible for hiring for all departments, and therefore unable to focus on the specific needs of the legal department. In addition, Nexus Search Group works closely with law firms throughout Southern California—firms ranging in size from boutiques to large Am Law 100 firms. The firm has worked with many companies and law firms interested in market intelligence. They assisted a SoCal company with restructuring and growing their legal department. They also provided a detailed analysis of salary guidelines for each of their legal positions, which allowed the company to better focus on their business, to retain tenured employees, and stay competitive in the SoCal marketplace. They helped a SoCal Am Law 200 firm struggling to find the right candidate for an experienced Litigation Paralegal opening—a crucial role for the firm needing specific help for a specific client. Nexus Search Group was able to assist them with finding a candidate who was able to help them get quickly organized and meet the needs of their client. The team also worked with a SoCal-based technology company undergoing tremendous growth and in need of a more structured and established legal team. They found their client an In-house Counsel who was able to take them to the next phase in their business and ultimately save money on outside counsel costs. Dougherty says that one of the organizations’ chief assets is their ability to make decisions quickly and to change directions just as fast when situations change. “We are a nimble team with the ability to assess situations and make necessary changes to accomplish a goal. We also work to

Attorney Journal Orange County | Volume 143, 2018

communicate with our clients and candidates in ways that are perhaps quicker or more effective. For example, we have found that people love to communicate via text message. If we have a quick question or just need to schedule an interview, it can sometimes be easier to communicate via text message to get something answered or to arrange a meeting quickly,” she says. Clients agree with their services and their approach to solving recruitment challenges. “After using different direct hire placement agencies, I finally realized that Nexus Search Group was by far the best. The staff is highly professional, they know their applicants, they took the time to truly understand my needs and I now rely on them as a key component of my recruitment strategy. They have shown that I can count on them to find the right person for the job, as evidenced by the most recent placement in my own department.” (A SoCal Law Firm) “The Nexus Search Group helped me think outside of my comfort zone and find a great new position that promises to combine my current skills with exciting new learning opportunities, allowing me to continue to grow my career. The team were with me every step of the way through the interview and hiring process and their support and desire to find the right fit for not only me, but the prospective employer as well, was amazing. I’m excited about my new job and grateful to the team for helping to facilitate this next chapter in my professional growth.” (A candidate with a SoCal company) The founders are planning to expand their market reach to serve clients throughout California. Vargas says, “We founded Nexus Search Group after working for many years in the legal recruiting industry. Our knowledge of the legal market, dedication to our candidates and clients, and enthusiasm for helping others allows us to do what we love—connecting people.” n

Contact Nexus Search Group 4858 Mercury St., #103 San Diego, CA 92111 www.nexus-searchgroup.com

VOSSELLER LAW FIRM WELCOMES

SARA SIMMONS We proudly welcome Sara Simmons to our team. Sara is passionate about helping clients overcome harm inflicted by others’ improper conduct. She has tried several cases and her practice will focus on representing plaintiffs in personal injury and civil rights matters. Sara serves on the Board of Directors and as Vice President of Policy & Membership for Lawyers Club, a 1,300-member association with a mission to advance women in law and society. She is also a member of the Louis M. Welsh Chapter of the American Inns of Court, Consumer Attorneys of San Diego, and the San Diego County Bar Association. Sara earned her J.D. from California Western School of Law, where she competed nationally on the school’s trial team. She received her B.A. from University of California Santa Barbara.

After each case, we donate a portion of attorney’s fees to a nonprofit chosen by the client.

P L A I N T I F F P E R S O N A L I N J U RY

858-429-4062 www.vosslawyer.com

VOSSELLER LAW FIRM

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 Torts T.H. v. Novartis Pharmaceuticals Corporation (2017) _ Cal.5th _, 2017 WL 6521684: The California Supreme Court affirmed the Court of Appeal's ruling directing the trial court to sustain a demurrer but grant leave to amend in a case where plaintiff alleged that defendant manufacturer failed to properly warn about known or reasonably knowable adverse effects arising from the use of its drug. Because the same warning label must appear on a brand-name drug as well as a generic bioequivalent, a brand-name drug manufacturer owes a duty of reasonable care in ensuring that the label includes appropriate warnings, regardless of whether the end user has been dispensed the brand-name drug or its generic bioequivalent. If the person exposed to the generic drug can reasonably allege that the brand-name drug manufacturer's failure to update its warning label foreseeably and proximately caused physical injury, then the brand-name manufacturer's liability for its own negligence does not automatically terminate merely because the brand-name manufacturer transferred its rights in the brand-name drug to a successor manufacturer. (December 21, 2017.)

CALIFORNIA COURTS OF APPEAL Arbitration Jensen v. U-Haul Co. of California (2017) _ Cal.App.5th _, 2017 WL 6276225: The Court of Appeal affirmed the trial court's order denying a motion to compel arbitration. Plaintiff's supervisor at work rented a truck from defendant 26

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and signed the contract that contained an arbitration clause. Plaintiff did not sign the arbitration agreement. The Court of Appeal was not persuaded by defendant's arguments that plaintiff should be bound to arbitrate the claim, even though he was not a signatory to the agreement, based upon theories of third-party beneficiary, agency, or estoppel. (C.A. 4th, December 11, 2017.) Lawson v. ZB, N.A. (2017) _ Cal.App.5th _, 2017 WL 6540924: In consolidated proceedings, the Court of Appeal dismissed an appeal from an order granting a motion to compel arbitration because it was not appealable, but it granted a writ petition challenging the trial court's order. The trial court erred in bifurcating the underpaid wages portion of plaintiff's Private Attorneys General Act (PAGA, Labor Code, section 2698 et seq.) claim and ordering arbitration of that portion of the PAGA claim. (C.A. 4th, December 19. 2017.)

Attorney Fees CA-Amer. Water Co. v. Marina Coast Water (2017) _ Cal. App.5th _, 2017 WL 6397685: The Court of Appeal affirmed the trial court’s order awarding attorney fees and costs to plaintiff and Monterey County Water Resources Agency after contracts between those parties and defendant were declared to be void. The Court of Appeal held that the trial court properly ruled that this case was an "action on a contract" for purposes of awarding attorney fees under Civil Code section 1717, and the fee award did not violate public policy. (C.A. 1st, December 15, 2017.)

Civil Procedure Apple, Inc. v. Superior Court (2017) _ Cal.App.5th _, 2017 WL 6275830: The Court of Appeal granted a writ petition and directed the trial court to change its ruling overruling

demurrers to the second amended complaint. In an issue of first impression, the Court of Appeal ruled that a plaintiff alleging derivative claims in an amended complaint following the grant of leave to amend must plead demand futility with respect to the board of directors in place as of the filing of the amended complaint, consistent with the rule enunciated by the Delaware Supreme Court in Braddock v. Zimmerman (2006) 906 A.2d 776. The trial court was directed to sustain the demurrer with leave to amend. (C.A. 6th, December 11, 2017.) Boyd v. Freeman (2017) _ Cal.App.5th _, 2017 WL 6505856: The Court of Appeal reversed the trial court's order sustaining a demurrer, without leave to amend, in an action for wrongful foreclosure. The trial court erred in concluding that the doctrine of res judicata barred plaintiff's claims because of a judgment in favor of defendant and against plaintiff in a prior action. Because the prior judgment was based upon the statute of limitations, it was not on the merits and res judicata did not bar plaintiff's claims. (C.A. 2nd, December 20, 2017.) Creed-21 v. City of Wildomar (2017) _ Cal.App.5th _, 2017 WL 6484032: The Court of Appeal affirmed the trial court's order dismissing a writ petition and complaint for declaratory and injunctive relief under the California Environmental Quality Act. The trial court properly imposed an issue sanction on standing pursuant to Code of Civil Procedure section 2023.0301, which terminated the action, for the misuse of the discovery process by petitioner by repeatedly failing to make available for a deposition a PMQ for petitioner. (C.A. 4th, filed November 28, 2017, published December 19, 2017.) Optional Capital v. Akin Gump Strauss, Hauer & Feld LLP (2017) _ Cal.App.5th _, 2017 WL 5493915: The Court of Appeal affirmed the trial court's order granting anti-SLAPP motions to strike a complaint against lawyers arising from their representation of their client in litigation. It is well established that the protection of the anti-SLAPP statute extends to lawyers and law firms engaged in litigation-related activity. The gravamen of plaintiff's claims against defendants was based on protected activity, defendants' representation of their client in litigation. Plaintiffs could not demonstrate a probability of prevailing on its claims because they were barred by the litigation privilege in Civil Code section 47. (C.A. 2nd, filed November 16, 2017, published December 7, 2017.) Rossetta v. CitiMortgage, Inc. (2017) _ Cal.App.5th _, 2017 WL 6422567: The Court of Appeal affirmed in part and reversed in part the trial court's order sustaining a demurrer, without leave to amend, to a complaint alleging several causes of action related to loan modification negotiations spanning more than two years. The trial court erred in sustaining the demurrer to the causes of action for negligence and violations of the Unfair Competition Law, it properly sustained the demurrer to the causes of action for intentional

misrepresentation and promissory estoppel, but should have granted leave to amend to attempt to state a viable cause of action based on an alleged oral promise to provide plaintiff with a Trial Period Plan under the Home Affordable Mortgage Program, and the trial court properly sustained the demurrer to the causes of action for negligent misrepresentation, breach of contract, intentional infliction of emotional distress and conversion without leave to amend. (C.A. 3rd, December 18, 2017.) SP Investment Fund I LLC v. Cattell (2017) _ Cal.App.5th _, 2017 WL 6523523: The Court of Appeal reversed the trial court's orders granting judgment on the pleadings and awarding attorney fees to defendant in an action for breach of contract and conversion arising from the sale of a limited partnership interest. The trial court erred in granting judgment on the pleadings because plaintiff's failure to obtain necessary approvals from other partners was not fatal to the breach of contract claim and, because the money at issue was a specific identifiable sum held for the benefit of another that allegedly had been misappropriated, a claim for conversion could be made. (C.A. 2nd, December 21, 2017.)

Employment Duncan v. Wal-Mart Stores, Inc. (2017) _ Cal.App.5th _, 2017 WL 5425048: The Court of Appeal modified the trial court’s postjudgment order granting Hartford Accident & Indemnity Company (Hartford) a lien on plaintiff’s recovery against defendant. The trial court exceeded its authority by reducing the lien amount for lost wages because plaintiff did not seek those damages against defendant. Under Labor Code section 3856’s plain language and the case law applying, Hartford was entitled to a first lien on the judgment in the amount it paid plaintiff for worker’s compensation benefits. Plaintiff’s choice not to seek lost wages at trial did not diminish Hartford’s lien rights under the workers’ compensation statutory scheme. (C.A. 4th, filed November 14, 2017, published December 13, 2017.) Kim v. Reins International California, Inc. (2017) _ Cal. App.5th _, 2017 WL 6629408: The Court of Appeal affirmed the trial court’s order granting summary judgment to defendant in a case where plaintiff sued alleging individual and class claims for wage and hour violations, and seeking civil penalties on behalf of the State of California and aggrieved employees under Labor Code section 2698 et seq., the Labor Code Private Attorneys General Act of 2004 (PAGA). Plaintiff’s individual claims were ordered to arbitration. While the arbitration was pending, plaintiff accepted an offer to settle his individual claims and dismiss those claims with prejudice. The trial court properly granted summary judgment because, after he settled and dismissed his individual claims against defendant with prejudice, plaintiff no longer had standing under the PAGA as an aggrieved employee. (C.A. 2nd, December 29, 2017.) n

Attorney Journal Orange County | Volume 143, 2018

What Are the Most Important Functions of a Good Law Firm Website? by Jana Eatman

While there are many components to a good law firm website, today we’re going to cover a few of the most important features. You want your website to portray the following three things to potential clients, and anyone who visits your website: 1. Make it clear what you do and who you help. Within the first few seconds that someone is on your website, they should be able to tell what you do, and if you can help them or not. This means having your brand front and center, and getting straight to the point with the service you provide. Take this website for example:

plainly visible, without making potential clients dig through several pages to see if you can help them. Now that they know what you do, time to establish credibility… 2. Make yourself look like an expert. So visitors to your website know who you are, and what you do, and that you might could help them with their legal issues. But what is going to set you apart from all the other lawyers in your area and niche? You can do this in several ways: • Build up a library of blog posts that you’ve written on articles related to your practice area. Even just having various blog titles relevant to your state and niche will convince visitors that you’re extremely knowledgeable, which you are! • Film several FAQ videos of questions that you get asked regularly. Again, you’re establishing credibility and showcasing your knowledge of the exact subject that your website visitors are looking for. • Give away free resources. This may seem counter intuitive, but by providing free information, it shows that you care about people being informed, and sincerely want to help them. And it demonstrates your expertise in the process. This feeds right into my final point…

A potential client doesn’t have to dig around this website to find the information they want, it’s all on the homepage. They are “The Business Firm for Business People” and visitors to this website know right off the bat if they’re in the right place. At first glance, you can tell that this website is for a law firm that deals with Business Law in Miami. All that information is 28

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This attorney explains his free resource and how it’s of value to potential clients. He also promotes his blog posts, which again, showcases his expertise in this field. 3. Engage and educate your visitors. That free resource makes you look extremely credible, whether it’s an infographic, multi-page report, or helpful tips for potential clients in a legal pickle. Once they know that you’re the expert, and not just another one of the over 1.3 million lawyers in the country, they’ll seek out your help with a sense of urgency. You also want to engage your visitors with a website that catches their attention and lets them interact with your design instead of begrudgingly scrolling through un-engaging text. A modern design will also demonstrate that you take your practice seriously and that you’re actively engaged.

This website has a video to visually engage the visitor, appealing graphics to grab your eye, and interactive drop-down menus for easy navigation. While there are plenty of other aspects to a law firm website that we recommend, these are a few of the top priority features that your website should definitely include. If you have any other questions about how to make your website stand out, let us know. n Jana Eatman is the Marketing Assistant at Spotlight Branding, where she handles several campaigns and works to develop new digital and print marketing strategies. Spotlight Branding caters specifically to solo attorneys and lawyers at small law firms, developing custom websites, creating blog and newsletter content, and maintaining your brand’s presence on the internet. Jana earned her degree in Mass Media Communications from UNC Charlotte where she also competed for the University’s track and field team. She can be reached at Jana@ SpotlightBranding.com.

Attorney Journal Orange County | Volume 143, 2018

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