Attorney Journals, Orange County, Volume 225

ORANGE COUNTY

Volume 225, 2025 $6.95

To Expand, Does it Make Sense to Buy Other Law Firms?

Kirk Stange

Level 17 and the Sentence of Disappointment

Gary Howard

California Case Summaries

Monty A. McIntyre You’re a Selfish @%&! for Not Regularly Producing Thought Leadership

Wayne Pollock

The Complete Guide to Reputation Management for Law Firms

Julie Lorson

Attorney of the Month

6 Important Lessons from My First Year as a Full-Time Mediator

Wiley George

Good Turnover or Bad Turnover? 4 Ways to Analyze Your Firm

Michael Ellenhorn Gregory D. Hamman Mastering the Art of Letting Go: How Law Firm Leaders Can Delegate Effectively

John R. Kormanik

Aren Avaness, Avaness Law— Accident and Injury Lawyers Serving Orange County Justice, Passion, and Accountability

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2025 EDITION—NO.225

TABLE OF CONTENTS 6 You’re a Selfish @%&! for Not Regularly Producing Thought Leadership

by Wayne Pollock

8 Good Turnover or Bad Turnover?

Four Ways to Analyze Your Firm

by Michael Ellenhorn and Gregory D. Hamman

EXECUTIVE PUBLISHER Brian Topor

12 To Expand, Does it Make Sense to Buy Other Law Firms?

by Kirk Stange

14 Level 17 and the Sentence of Disappointment

EDITOR Wendy Price

by Gary Howard

PUBLICATION DESIGN Penn Creative

ATTORNEY OF THE MONTH

16 Avaness Law – Accident and Injury Lawyers, Serving Orange County Justice, Passion, and Accountability

CIRCULATION Angela Watson PHOTOGRAPHY Chris Griffiths STAFF WRITERS Dan Baldwin Jennifer Hadley CONTRIBUTING EDITORIALISTS Michael Ellenhorn Wiley George Gregory D. Hamman Gary Howard John R. Kormanik Julie Lorson Monty A. McIntyre Wayne Pollock Kirk Stange ADVERTISING INQUIRIES Info@AttorneyJournals.com SUBMIT AN ARTICLE Editorial@AttorneyJournals.com OFFICE 30213 Avenida De Las Banderas Suite 200 Rancho Santa Margarita, CA 92688 www.AttorneyJournals.com ADDRESS CHANGES Address corrections can be made via email or postal mail.

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by Dan Baldwin

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22 Mastering the Art of Letting Go: How Law Firm Leaders Can Delegate Effectively

by John R. Kormanik

24 The Complete Guide to Reputation Management for Law Firms

by Julie Lorson

26 California Case Summaries

by Monty A. McIntyre

28 Six Important Lessons from My First Year as a Full-Time Mediator

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Copyright 2025 by Sticky Media. All rights reserved. Contents may not be reproduced without written permission from Sticky Media.

Printed in the USA

You’re a Selfish @%&! for Not Regularly Producing Thought Leadership

by Wayne Pollock

Society benefits when knowledgeable people produce thought leadership. Get off the sidelines, get in the game, and start producing thought leadership.

There’s no easy way to say this, so I’m just going to come out and say it: Shame on you for not producing more thought leadership.

If you have knowledge and wisdom and insights to share, you’re a selfish jerk for not regularly producing thought leadership content.

The world is a better place when knowledgeable people— particularly professional services providers, but especially attorneys—take the time to share their knowledge, insights, and wisdom with the world. Society benefits when knowledgeable people produce thought leadership.

Don’t believe me? Here are just some of the groups of people who suffer when you do not regularly produce thought leadership.

 Current Clients and Prospective Clients Your current and prospective clients need to learn about relevant legal and business/industry developments that could impact their day-to-day business operations or lives.

When you fail to regularly produce thought leadership, you’re robbing current clients and prospective clients of access to additional information to help them navigate whatever issues they might be facing, especially ones that your firm is not helping them with at the moment.

 People Who Might Never Be Your Clients When you’re not regularly producing thought leadership, you’re failing to educate and make the world better for people who might never be a client of yours, but who could use the information you’re putting out into the world to help them with their legal issues or business issues.

They might never be able to afford you. They might never be able to afford a lesser attorney than you or a lesser law firm than yours.

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But your thought leadership could help guide them through a difficult legal or business issue they’re facing without having to engage you or another attorney or law firm. Your thought leadership could provide the key to helping them work through a difficult situation and changing their life for the better.

 Politicians and Regulators Ok, look, I realize politicians and regulators aren’t the most beloved groups of people in society.

But when you don’t produce thought leadership about certain legal or business issues that are fixable through legislation or regulation, you’re robbing politicians and regulators of the ability to understand those issues and you’re keeping them in the dark about them.

When you produce thought leadership regarding issues that can be resolved through legislative or regulatory means, that content can inform and educate politicians and regulators about these issues. More importantly, that content can also persuade those politicians and regulators to take action and actually do something to resolve those issues.

 Mission-Driven Organizations Mission-driven organizations need to stay aware of wrongdoing and other problems and issues they exist to combat so that they can take up those battles.

When you produce thought leadership that spotlights this wrongdoing or these problems/issues, you provide a service to mission-driven organizations. Not every organization will have the financial and human resources to monitor all of the legal and business developments that touch on the work they do.

But their ability to monitor your and other attorneys’ and law firms’ thought leadership regarding those developments will allow them to stay apprised of the developments they need to know about in order to mobilize their organizations’ resources and fulfill their missions.

 Pro Bono Legal Services Organizations On a related note, your failure to produce thought leadership content also negatively impacts pro bono legal services organizations that provide legal services to the public.

These pro bono organizations benefit from the thought leadership content you produce. They learn from the knowledge, wisdom, and insights you share, which they wouldn’t normally have access to unless they were working with you on a particular pro bono matter.

Your ongoing thought leadership content helps educate them and keep them apprised of legal developments and best practices they should be aware of when they’re not actively working with you on a matter.

 Your Employees When you choose not to produce thought leadership content, you’re negatively impacting your employees. Your employees benefit from the increased revenues that flow into your firm when your thought leadership leads to more client matters.

Those revenues allow you to pay your employees more.

They allow you to offer them more benefits. And, they allow you to invest in providing them a better work environment.

(By the way, these expenditures should help keep your employees happy, which should help keep them working for you as opposed to searching for greener pastures.)

 Your Fellow Equity Partners On a related note, when you abstain from engaging in thought leadership, you’re neither helping to increase the size of the revenue/profit pie you share with your fellow equity partners, nor the size of the pie that belongs to you.

This is a problem if you’re the biggest rainmaker among your equity partners. If you don’t produce thought leadership and bring clients in, your firm might not survive.

But it’s also a problem if you’re not the biggest rainmaker.

If you can’t keep up with your equity partners’ revenue expectations for you, you could cause discord within the group of partners, and perhaps even be ousted.

 Your Family You didn’t think I’d go there, did you? Well, I did.

Your family suffers when you do not engage in thought leadership content.

You’re preventing them from gaining access to more resources and benefiting from the opportunities those resources may afford.

Why? Because your lack of thought leadership is limiting your ability to bring more client matters into your firm, which limits your ability to bring more money into your household.

 You Last but not least, you suffer when you don’t regularly produce thought leadership.

When you don’t engage in thought leadership, you’re preventing yourself from getting to a higher level of professional satisfaction.

Perhaps that’s in the form of more revenue you’re bringing in and more compensation you’re taking home.

Perhaps that’s in the form of only working on client matters that interest you.

Perhaps that’s in the form of more personal and professional freedom that comes from being able to hire people to delegate work to.

Perhaps that’s more freedom in the form of taking more time off or exploring other professional or personal interests.

When you do not regularly produce thought leadership, you’re preventing yourself from enjoying your life more than you do currently.

Regularly producing thought leadership helps you do well by doing good. Don’t be a selfish jerk. The world is a better place, and society benefits, when you create thought leadership content that thrusts your knowledge, wisdom, and insights into the world. And guess what? You and your family will benefit as well.

Stop complaining about your lack of time to create and publish thought leadership content. Find the time to do so. Work with a colleague. Hire an outside ghostwriter. Or simply do a better job of managing your time. Do whatever you have to do to regularly produce thought leadership.

You’ll do well by doing good. n Wayne Pollock is the founder of the Law Firm Editorial Service. The Law Firm Editorial Service sets free the knowledge and wisdom trapped inside Big Law and boutique law firm partners by collaborating with them to strategize and ethically ghostwrite book-of-business-building marketing and business development content. Learn more at: www.lawfirmeditorialservice.com

Attorney Journals Orange County | Volume 225, 2025

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Good Turnover or Bad Turnover? Four Ways to Analyze Your Firm

by Michael Ellenhorn and Gregory D. Hamman

The average turnover for AmLaw 200 firms is 26.3 percent, according to analysis by Decipher Investigative Intelligence—so simply put, for every four lawyers at your firm, one will swap out every year.

“Turnover” can be a loaded term, and one that is frequently misunderstood. Let’s start with the math: To determine the state of turnover in the legal profession, Decipher examined every firm in the AmLaw 200 to chart lawyer hires and departures over the past four years.

This total accounts for a firm’s total “volatility”—the sum of people entering and exiting. We then divide the volatility by the firm’s total headcount; this resulting turnover rate measures the extent of change happening in a given year.

This is the best way to think about turnover: a measure of the change happening to a firm, its roster and its culture. Just like change itself, turnover is not inherently “good” or “bad,” as two firms with dramatically different circumstances can have the same score. Consider two firms, both with 1,000 lawyers:

• Involuntary: Lawyers whose decision was guided by other forces; in addition to terminations and layoffs, this can include mergers or acquisitions, as 99 percent of the individuals acquired were not directly involved in the negotiation.

• Firm A is widely known for having a collaborative culture; in a given year, no one leaves, but it acquires a team of 300 lawyers, all with portable business and positive attitudes.

Each segment can prompt meaningful questions about the true state of your turnover.

• Firm B loses its entire corporate practice—300 lawyers strong—in a dramatic exit that generated dozens of headlines and lost far more clients.

These are the people who chose your firm over their other options. This should be the “fun” sector (provided you find data analysis fun) … but the enthusiasm of new laterals can be soured later by false promises or bad cultural fits. When 75 percent of lateral hires fail or leave their firms within five years, it’s imperative to approach this sector with cautious optimism.

While it may be too early to truly understand the health of this sector, take into account these key considerations as you shape next year’s list: Let the right ones in. Does the firm have a documented talent strategy that aligns with its business goals—or is lateral recruitment vulnerable to the “I know a guy” approach? Is the firm easily distracted by the “shiny object” rainmaker or group that enters the proverbial transfer portal?

Both have the same turnover rate: 30 percent.

So, to assess your own turnover, you can start with the quantitative, but it’s imperative that you dive into the qualitative. While the specifics will vary for every firm, here is a helpful approach to better understand (and act upon) turnover at your firm.

Start with a straightforward sort. Compile lists of all lawyers who joined and left your firm within a given year.

From there, it’s helpful to further segment: • Voluntary: Lawyers who joined or left of their own accord.

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Voluntary Arrivals

Voluntary Departures

• Lateral Hires

• Departing Laterals

• New Associates

• Judicial Appointments • In-House Moves • Exits from Law

Involuntary Arrivals

Involuntary Departures

• Mergers and Acquisitions

• Terminations • Reductions in Force/ Layoffs

Voluntary Arrivals

Beyond having a strategy that keeps your prospects on target, what kind of due diligence does the firm perform to scout red flags (financial, professional or reputational) and verify business?

Protect the investment. It takes considerable time and effort to recruit high-performing laterals—and it’s even more costly to replace them; the average cost to replace a failed AmLaw 100 partner is now $2.3 million.

How effectively are you onboarding laterals within your firm? Do you help them build ties to other lawyers and the key professional staff who will support their practice? Do you use the products of due diligence for good, like by making warm introductions to fellow alumni of a given college or university?

Just as they have a major impact on a firm’s turnover numbers, mergers and acquisitions bring considerable change for all involved. Your new colleagues deserve empathy as they adjust to a new environment while they may be in professional mourning for what was. How warmly have they been welcomed? How effectively have they been onboarded? Have they been meaningfully included into their new environment, or are they continuing to operate independently, with few ties to the new firm?

If you are studying your turnover from the past year, there’s still time to take corrective action with your Involuntary Arrivals—before they become this year’s Voluntary Departures.

Voluntary Departures

Involuntary Departures

Who left your firm, and where did they go? Like turnover, this can be “good” or “bad,” with a range of effects, from the positive (in-house counsel positions at current or prospective clients, prestigious judicial appointments) to the negative (lawyers moving to a competing firm).

In this sector, for the sake of your market share and potential lessons learned, spend most of your time studying the attorneys who jumped ship to a competitor.

Consider:

This final sector includes individuals subject to layoffs or RIFs, as well as lawyers who were terminated for cause.

Regarding your RIFs, it’s a fair assumption that when firms in the legal profession take such a drastic measure, they do so with prudence, ensuring they avoid disparate impacts to any demographic. Nevertheless, it’s essential to review your layoff protocols to ensure any such measures are done above board and without bias.

Terminations are best understood on a case-by-case basis and with ruthless candor. What went wrong, and what could we have done better?

A Decipher1 survey presented the reasons law firms reported losing lateral partners:

• Favorability. Some of your dearly departed may be sorely missed; others, less so. Take an honest assessment of your list. Are you losing people who self-select out as bad fits (culture, skills, experience), or are you losing your star players? If the first category exceeds the latter, this needs your attention now.

• Patterns. Categorize your departing lawyers so you can spot trends and identify issues early. Look for disproportionate exits by: - Practice area - Client team - Supervising partners - Office location - Experience level - Demographics This can shine a light on toxic supervisors, untenable client situations, and more—and will help you act quickly to protect your talent and culture.

Involuntary Arrivals Again, these are the people who arrived at your firm as the product of a merger or acquisition—a decision out of the hands of 99 percent of people affected.

• Failing to bring the promised book of business— 70 percent • Inability to develop new client relationships— 56 percent • Cultural fit issues—29 percent • Client conflicts—21 percent • Lack of required expertise—19 percent • Behavior issue with junior lawyers or professional staff—10 percent • Actions believed unethical or potentially illegal— 8 percent A comprehensive due diligence program could prevent these losses.

While simple measures like insisting on a complete Lateral Partner Questionnaire can thwart conflict issues, firms cannot stop there; almost every candidate screened

by Decipher has inflated some client section of the Lateral Partner Questionnaire.

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Meaningful due diligence means going beyond a checkthe-box background check and a perfunctory LPQ; it means using both quantitative data and human intelligence to accurately assess a candidate’s business skills, work style and character.

And it’s more important than ever: As law firm hiring has slowed in 2023, the candidate pool is more laden with risk.

Among the candidates screened by Decipher in Q1 of 2023, 84 percent had red flags, meaning eight in 10 prompted concern for a personal legal history, disciplinary history, undisclosed entanglement, undisclosed business affiliations, troubling social media ... or a combination thereof.

Across all sectors, moving your firm’s turnover to “good” takes a consistent commitment to act with purpose: • To ensure the right Voluntary Arrivals with adherence to a business-driven talent strategy.

• To course-correct your Voluntary Departures by monitoring trends and acting early to prevent additional losses;

• To help Involuntary Arrivals adjust and feel truly included; and • To minimize Involuntary Departures through due diligence that prevents problematic hires in the first place. n Michael Ellenhorn is the Founder & CEO of Decipher. Mr. Ellenhorn helps clients create safer, more productive and more profitable workplaces through reliable investigative intelligence.

Gregory D. Hamman is the Chief Data Officer at Decipher. Mr. Hamman is responsible for analyzing, organizing and managing Decipher’s internal and external data framework, maintaining the company’s data infrastructure, overseeing the firm’s data collection processes, and productizing the company’s unique data sets. Learn more at www.decipherintel.com.

https://images.law.com/contrib/content/uploads/documents/292/ALM-Intelligence-Fellows-Playing-with-Fire-MichaelEllenhorn-Final-March-2022-1.pdf 1

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To Expand, Does it Make Sense to Buy Other Law Firms?

by Kirk Stange

Law firms looking to expand into new markets must determine the best strategy. Some start from scratch, open a satellite office and attempt to grow it. Others seek to buy existing law firms and put them under their umbrella. The potential pros and cons of each strategy are below.

Does Buying Existing Law Firms Make Sense?

One of the most common ways some law firms expand into new markets is to buy an existing law firm. In many respects, most law firms consider purchasing an existing law firm the go-to way to grow. Many assume they can buy the firm and hit the ground running.

One pro of this approach is that the existing law firm probably already has clients. When the law firm has clients already, it may feel that it can begin making a profit on the new venture relatively quickly, as opposed to starting a new office with no clients.

Another pro is that the law firm may already have a brickand-mortar office, employees, and the equipment to run it. Thus, the law firm may not have to invest much time and money in locating an office, getting the equipment and supplies, and interviewing staff.

Lastly, many law firms assume their lawyers have built positive goodwill in the community. With this goodwill, many theorize that repeat clientele and referral-based businesses will readily come to the firm.

What Are the Cons of Buying an Existing Law Firm?

While buying an existing law firm may have some pros, there are also cons that law firms must consider. One is the price to buy the existing law firm. If an existing law firm is looking to buy at a reasonable or below-market price, it may be attractive to purchase the existing office. But with

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many existing law firms, they may be looking for a high or top dollar price to sell. For many law firms, buying out an existing law firm can be substantially more expensive than simply opening a brand-new office.

Another con is that many law firm employees conduct themselves similarly. When another law firm buys them out, it might be unrealistic to expect the employees to instantly integrate into that purchasing firm’s way of doing things. For this reason, starting anew with employees who are trained in the purchasing firm’s processes can be more manageable.

Third, while an existing law firm might have an existing brick-and-mortar office and equipment, most law firms can just as easily purchase or rent the same space or equipment at a similar price. By not purchasing an existing law firm, the law firm is also not signing onto another law firm’s debt, leases, or contracts.

Lastly, while a prior law firm may have some reputation within the community, there is little telling whether that reputation is good or bad or worth purchasing. For many law firms, it might make sense to open a new expansion based on their enterprise goodwill.

While some law firms may want to consider buying an existing law firm, many ought to open a brand new office, rent space, hire new employees, and open the expansion without purchasing an existing one. To open a new office, most law firms can start with single-attorney executive space, market appropriately, and get larger space once there are enough clients for that to make sense. n In 2007, Kirk Stange founded Stange Law Firm, PC with his wife Paola and has worked diligently to grow the firm to what it is today. In addition to practicing law, Kirk spends time educating attorneys and other law professionals at CLE Seminars through the Missouri Bar, myLawCLE, the National Business Institute and other organizations.

To learn more, please visit www.stangelawfirm.com.

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Level 17 and the Sentence of Disappointment

by Gary Howard

R

ecently, I witnessed a Level 17 meet his doom. I have attended many sentencing hearings. For context, the federal justice system uses a unique numbering system called the Federal Sentencing Guidelines to determine the punishment due in relation to the extent of the crime. This system was implemented to bring fairness to individuals facing confinement. It starts with a base number, you add or subtract numbers based on conduct, and just like that, you have the sentence. Most client’s initial words are “I am sorry.” They are not sorry for what they did necessarily, but sorry for getting caught certainly. However, as time goes on, grief, financial demise, and stress bring most of them to their breaking point.

In this case, the defendant’s words were different.

When it comes to the business of sentencing, it can be much like golf. The ultimate objective is to reach the lowest score, which equates to the lowest possible level of sentencing. As I sat there in my best suit, I knew I was ultimately there for moral support for the attorney. I anticipated the arguments that day would follow the same flow as many I had seen before. Yes, he was a good man at his core, he had health issues and a business full of strife. Yet, the entire feeling of this sentencing hearing was anything other than what I had experienced in past cases.

The case had been one of many in the court system that suffered delays due to the pandemic, but like all cases, it was time for this one to end. Did he commit the crime he was accused of? Yes, and he admitted so. What exactly was his crime? Simply put, he failed to pay his proper amount of taxes due, which came to a total that was just shy of $1,500,000.

My norm in cases like this is that I am called to testify. That was not the case in this scenario. When it comes to financial crimes, more often than not, a forensic accountant is involved in order to unearth how vast the financial mismanagement and theft are. In tax cases, they call it uncovering the “tax loss”. After all, who is better than a forensic accountant to discover and calculate the amount of the tax loss? However, on a rare occasion, I am asked to attend the proceedings merely for moral support and to pat the attorney on the back. My role is to congratulate them on their well-thought-out argument, and their eloquence of delivery, which may reduce the sentence from 36 months to 34 and so on.

I have seen all the playbooks. I have witnessed a wide range of reactions to sentences that are handed down. Rarely do I feel for the client, while almost always I feel sorry for the judge. Judges tend to hear the same old story when it comes to these whitecollar crime cases, day after day, year over year, until they retire.

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At the end of the day, they do their best to administer justice.

While this white-collar crime case was very much the same as I am sure the judge had heard far too many times in his career, what was different was the marked eloquence of the judge. At one point, I thought I was listening to Kevin Costner narrate Dancing with Wolves. The judge was clear and concise with his words, “Billy, you are a great man. You came to this country with $500 in your pocket. Over 40 years, you became a citizen, amassed $50 million dollars, gave extensively to charity, raised 4 outstanding children, and employed many. I have no doubt you will never do this again. Billy, why did you do it?” Billy looked up at the judge and said, “Sir, I don’t know.” The judge followed by saying, “Billy, many walk into this courtroom with far less. Having done much less. They will work their entire life paying for what they did and serve lengthy sentences. For me to grant you less than 15 months is not fair to those who have stood here before. I acknowledge you’re a good man, charitable, a loving husband, father and grandfather, a good boss, however, your sentence is Level 17, 15 months.”

As he stood there taking in his sentence, he could only look back at his family. Most people become aware of their reality and impending future doom once they have arrived at sentencing day so a sentence is not a surprise, it is expected. As he turned to them, he realized they were sobbing profusely. Were they crying because Dad was going to jail? Sure. However, I think they were crying because they were disappointed in Dad. For Billy, that was the true cost and his true punishment. He still has money and most certainly will survive in jail, but what I don’t know is whether or not he will ever be able to erase the disappointment he now knows he caused his children and his family. While he may be released from his sentence after 15 months, he will likely carry a life sentence of regret. At that moment, Billy realized greed won, and it was now ensuring he would pay the ultimate price. n Gary Howard, Founder and Managing Partner of Howard, Kittle & Co CPAs, has invested over 40 years as a CPA, working with attorneys and clients nationwide. He has developed a niche in Litigation Support—both criminal and civil—for Federal Defense Lawyers specializing in White-Collar Defense. Mr. Howard has been asked to verify, quantify, and organize information in order to testify and present to federal governmental agencies in order to reduce sentencing for various federal crimes.

These include tax evasion, political corruption, money laundering, and banking violations.

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JUSTICE, PASSION, AND ACCOUNTABILITY How Aren Avaness Turned Hunger, Hustle, and Heart into a Thriving Law Practice

by Dan Baldwin

What sets us apart is that I’m young. I’m hungry and because of that I’m always available for my clients. I spend more hours on a case than I get paid for, but I’m happy to do that because I’m building a brand. I’m building a firm. I litigate cases that maybe 90 percent of other firms won’t. And by ‘litigate,’ I mean we will invest serious time and energy on it,” says Aren Avaness, founder of Avaness Law. December marks five years in business for Avaness. He currently employs two assistants and has plans for opening another office in 2025. The firm’s practice areas include assault and battery; auto, truck, motorcycle, and bus accidents; bicycle accidents; brain injury; dog bites; slip and fall; pedestrian accidents; sexual harassment; workplace accidents; and Uber/rideshare accidents. Avaness has a 99 percent success rate.

“In my office, an attorney touches every single case. It is not processed merely by the case manager or the assistant.

There is an attorney overwatching every single case and making important decisions. This ultimately affects the result and outcome of the case because each case is specifically tailored to the specific client. The environment we have in my firm is, as long as you get the work done, everybody’s happy. I keep it nice with laid-back approach but one that gets the job done,” he says.

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He cites numerous cases his firm has filed that on the surface do not make sense from a business perspective, cases other firms might settle too quickly. Avaness carefully manages the balancing act of being a successful businessman while at the same time providing legal services to those most in need. “Making money is essential and I am a good manager, but I’m in the business of making happy clients and making sure justice is served for my clients. Sometimes it’s not so economical, but our business hunger combined with our hunger for justice, it’s the right thing to do,” he says.

“Aren is a true professional. Not only did he do a great job with my case, but his follow-up when I needed documents, after the case was closed, was prompt and very helpful. I would highly recommend Aren to anyone looking for a trustworthy attorney.” —Hope Wakesho

PUTTING A PREMIUM ON ACCOUNTABILITY Avaness says, “I fell upon becoming an attorney. I got lucky because I didn't choose it. It chose me. Coming here when I was ten years old, I fell in love with the idea of justice and accountability. Coming from Iran, those things were unheard of for me. I think my passion for the law comes directly from my personal experiences in a culture where people at fault are not held accountable.”

JOURNALS

ATTORNEY

OF THE MONTH

© Christopher TODD studios

2025

Aren Avaness, Founder of Avaness Law

Avaness was born and raised in a country where values U.S. citizens take for granted are unheard of. He notes that he grew up in a country’s justice system driven by money, religion, or nationality. For example, a judge is permitted to find someone’s testimony more or less credible merely based on their religion. Coming to America and experiencing deeply rooted traditions of freedom of speech was an eye-opening experience. “In this great country, the norm is to strive for justice, equality, and accountability—no matter a person’s wealth, nationality, or religion. I learned to hold individuals accountable for their actions and fell in love with the idea of Justice. It is something that is ingrained in the American culture, and I take great pride in adopting such a view.”

For example, he says stores in the U.S. are held up to a certain standard to make sure that it's safe for their guests and their customers to come in and walk and shop—a fact many citizens do not appreciate. When someone walks into a store, he or she doesn’t have to automatically look down to make sure there’s not a slip and fall danger. The ability to comfortably shop or drive a car safely or use a product without fear of personal injury is a given here, but that simple act is not possible in other countries. Culturally, people aren't really held accountable. That's all designed by the judicial system's laws and regulations that are put into place with the statutes. People don't trust the process. “Here it's completely different. I'm not saying we're perfect, but at least the system we have is holding people accountable for their wrongdoings. Whether it's putting a product out there that they're not supposed to be doing, or whether it's them driving recklessly or doing something they're not supposed to be doing.”

Entrepreneurship comes naturally to Avaness. He grew up in a family of business owners and early in life observed and experienced some of the benefits of being your own boss. Instead of seeking employment in government or in some large firm, he elected to create his own business immediately after graduating from law school. His father had told him that people who do not take risks are the people who always end up working for someone else. The decision to go solo was, as he says, a “no-brainer.”

“Being your own boss opens up a world of almost unlimited possibilities each day. You get to design what you do and how you’ll do it. It’s up to you how, when, and where you choose to work. And, with no one ‘above’ you to hold you accountable, it can be tempting to slack off. For me, holding onto my passion has really been the key motivator. What sets me apart is my passion for seeking justice and holding others accountable for their wrongdoings,” he says.

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A DEMAND FOR ACCOUNTABILITY Holding others accountable is a strain running throughout Avaness’s legal career. His commitment to accountability in pursuit of his client’s rights is exemplified in an automobile accident case in which the opposite party’s insurance company claimed his client was responsible due to changing lanes in traffic. The maximum amount the firm could possibly get for such a case was $25,000. Looking at the case from a purely financial position, the effort was not worth making.

Legal fees could only amount to $8,000, which would not even cover his time.

Avaness chose to litigate the case, believing that his client was not at fault. Based on the point of impact in the accident, he was confident of his client’s innocence.

He says, “I know my client was in her lane because I believe my client. Frankly, I know her. I believe her, and sometimes that's all you need. Honestly, I litigated this case because it irks me when people lie, like other parties lying about changing lanes.”

A COMMITMENT TO LISTENING Genuine and sincere client communication is a hallmark of Avaness’s approach. “I want to put a face to the voice— mine and my client’s. I want to meet you. I want to listen to you. I want to see what you have to say. Clients do definitely feel heard with me. I do spend my time. It's just a higher quality service.”

His biggest case so far is an example. A client showed up after working with another firm. She was in a car accident and was injured by the airbag opening, which knocked her unconscious. The necessary surgery left her with repercussions that affected the rest of her life.

During his initial consultation, the woman began crying. She just went through a life-changing, traumatic injury, almost near death, and she was just treated like a file number at the other firm. “She just came to me and I talked to her for an hour and a half, and she just started crying. She said, ‘I just wanted someone to listen to me.’

When I connect with my clients like that, the sky's the limit.”

“If my client has a serious injury and tells me they can't take care of their family, I have to put a dollar amount of value on it. I have to seek compensation for that. To have a client like that, you have to sit there and talk to them.” After months of hard work, Avaness obtained a settlement offer in the high six figures.

Avaness enjoys the challenges of cases that are often complex and emotional. He truly loves litigating and one of his favorite tasks is handling depositions. “I love that.

Just get to the bottom of the story. It's a time where I can

© Christopher TODD studios

Aren Avaness, Founder of Avaness Law

sit down and ask the other party questions for eight hours, and I usually get to the bottom of it. Either I'm wrong about the value of the case, or they're completely lying and completely wrong. It's usually the other side that is trying to evade or not be responsible. I get to the bottom of it. Deposition is a great time to do that.”

Avaness combines his one-on-one approach with clients with use of the latest technology. For example, the firm uses ChatGPT, an artificial intelligence software that helps manage and process cases more efficiently and effectively. “As a young attorney, I have made it a priority that my office is not 100 percent digital-based, while also making sure that we are at the forefront of technology in working as efficiently and as fast as we can for the client. This results in processing and closing our cases much faster than the typical brick-and-mortar firm,” he says.

“Mr. Avaness provided legal advice and guidance during difficult circumstances for me. His morale brought calmness to the whole process. While working with Mr. Avaness, I felt as though my situation had hope, and he brought an inconceivable assurance for me.”—Tia

MEANWHILE, OUTSIDE THE OFFICE Avaness loves sports and at one time played divisional paintball and basketball, which are his major hobbies today. He enjoys interacting with members of the small community of friends who play those sports in this area. He also makes time to work out in a local gym.

His reading habits generally focus on self-developmental books. He enjoys action/adventure television programs and

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EXP ER I ENCE

one of his favorite movies is Gladiator. His music taste is eclectic and includes anything from country/western to R&B to hip-hop. “If it sounds good, I’m listening to it,” he says.

Avaness isn’t shy about saying he is a goofball who makes himself laugh often and out loud on a day-today basis. “I think I'm just lighthearted. On a regular weekend or after work, I'm pretty lighthearted, funny.

I like to just have fun in life. I think I'm a positive thinker, and I definitely see the positive in things. I can just do my own stand-up comedy in front of the mirror any day. At work, I am a very serious and get the business done type of guy. But outside of work, I’m a pretty goofy and easy-going guy who loves being social and making connections.”

LOOKING AHEAD TO EXPANDING ENTREPRENEURSHIP Avaness credits much of his firm’s growth and the growth he has planned for the future on hiring the right team members. He calls it a game-changer. “I am more comfortable with overpaying an assistant who is the best than trying to cut corners and save money,” he says.

Another game changer is his strategic networking with individual attorneys and firms who are high-referring attorneys. He is continually increasing his online presence and face-to-face marketing throughout the city of Burbank and its surrounding areas such as North Hollywood and other cities. He also has plans to add five more attorneys and a significant number of case managers to the payroll.

The expected growth is based on his proven aggressive drive to succeed. “When I believe my client, I just go for it. I'm single. I'm young. I'm hungry. I think that's the competitive edge that clients really see when they come to me. They don't know that off the bat from the outside, but with the results we're able to achieve, they really see that,” he says. n Contact Aren Mark Avaness Avaness Law—Accident and Injury Lawyers 2600 W Olive Avenue, Suite 534 Burbank, CA 91505 (818) 724-7222 www.avanesslaw.com

Aren Avaness, Founder of Avaness Law

» EDUCATION • University of California, Los Angeles (UCLA) Bachelors of Arts in English, Cum Laude • Loyola Marymount University Law School, Los Angeles, Juris Doctorate

» HONORS AND AWARDS • Voted Top 40 Under 40 by National Trial Lawyers Association • Voted Rising Star by Super Lawyers • Graduate of the honorable Trial Lawyer’s College founded by Gerry Spence

» PROFESSIONAL ASSOCIATIONS/ MEMBERSHIP

• Consumers Attorney Association of Los Angeles (CAALA) • Armenian Bar Association • American Bar Association • Los Angeles County Bar Association (LACBA)

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Mastering the Art of Letting Go: How Law Firm Leaders Can Delegate Effectively

by John R. Kormanik

D

elegation isn’t just a skill; it’s an art—and let’s face it, one of the hardest to master. As a lawyer and leader, it’s easy to convince yourself that you’re the only one who can do things the “right way.” But the reality is, clinging to every detail isn’t just exhausting—it’s holding you, your team, and your firm back. I know this because I’ve been there.

Back in the day, when I started my law firm I leaned into doing more than I ought to have—client work, marketing, networking, admin work, everything. It was a different story when I started my coaching business because I had learned to let go, focus on the things I was good at and that moved the needle for my business, that I truly experienced the power of leveraging my team. Delegation is about creating time and space for what only you can do: lead, strategize, and envision the future.

In this post, I’ll break down the four levels of delegation and, more importantly, how you can embrace the pinnacle— Designing—to achieve growth and freedom.

Four Common Mindset Barriers to Delegation Let’s start with the mental roadblocks. If you’ve ever hesitated to delegate, chances are one of these is to blame: 1. Fear of Losing Control I see this all the time with my coaching clients—and I’ve struggled with it myself. We worry that if we hand something off, the quality will suffer. But here’s the kicker: trying to control everything creates bottlenecks and limits your firm’s potential.

2. Perfectionism Lawyers often tell me, “No one will do it as well as I do.” That may be true initially, but without delegating, your team will never rise to meet or even surpass your standards. Remember, perfection is the enemy of progress.

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3. Fear of Being Less Essential I call this the “busy equals valuable” trap. If your calendar isn’t packed, do you still feel like a leader? Delegation gives you the space to breathe and think strategically, which is where your real value lies.

4. The Time Investment Misperception “It’s faster/ easier if I just do it.” Sound familiar? While that might be true in the short term, it’s a myth in the long run.

Training someone else to handle repeatable tasks pays dividends over time.

The Four Levels of Delegation Let’s walk through the progression of delegation. Understanding where you are—and where you need to go—is the key to transforming how you lead.

• Level 1: Doing Here, you’re stuck in the weeds, executing tasks yourself. It’s exhausting and unsustainable. When I started Advocatus Coaching, I wasted hours scheduling appointments and managing my inbox. Once I delegated these tasks, my productivity skyrocketed.

• Level 2: Deciding This is the micromanagement zone— you assign tasks but require constant approvals. It’s a step forward, but not enough to truly free up your time or empower your team.

• Level 3: Delegating At this level, you delegate both the task and the authority to complete it. Your team begins to take ownership, but there’s still a gap between independence and innovation.

• Level 4: Designing Now we’re talking. Designing is where you, as a leader, define the vision, align your team’s goals, and trust them to innovate and execute with excellence.

What Does Designing Look Like?

Imagine you’re a managing partner tasked with expanding your firm’s business litigation practice. Instead of dictating every detail, you outline the high-level goal: become the go-to firm in the region within three years. Then, you empower your team to figure out the best way to achieve that goal.

One partner creates a targeted client acquisition strategy. Another revamps internal processes to handle increased caseloads efficiently. By letting go, you’re not just delegating—you’re cultivating leaders within your firm.

Mindset Shifts for Designing To lead at this level, you must adopt two critical mindset shifts: 1. From Doer to Visionary: Stop focusing on how tasks get done and start focusing on where you want your firm to go. When I stopped designing every marketing campaign and instead shared my vision for what I wanted my brand to represent, my team produced incredible results—sometimes better than I imagined.

2. From Manager to Leader: You’re no longer there to supervise; you’re there to inspire. Trust your team to take ownership, and watch them grow into the roles you’ve envisioned for them.

A Real-World Example of Designing Delegation One of my clients, a managing partner at a mid-sized law firm, was overwhelmed. She was juggling operations, client work, and managing her team—and had no time for strategic thinking. Recognizing the bottleneck, she hired a COO and gave them full ownership of the firm’s operational efficiency.

This move freed her to focus on two critical areas: building client relationships and dedicating time to strategic planning. For the first time, she had space to anticipate market trends, align her team’s efforts with longterm goals, and explore growth opportunities.

The results were transformative and her ability to step back and think strategically made all the difference.

Principles for Success in Designing Delegation 1. Clarity of Vision: Define the “why” and the end goal, then let your team determine the “how.”

Example: When delegating client onboarding, outline the ideal experience and allow your team to design the process.

2. Trust and Autonomy: Let go of micromanagement.

You hired your team for a reason—let them shine.

Example: Entrust your associates to develop new legal strategies for complex cases, stepping in only for final approval.

3. Continuous Feedback: Create a culture of learning.

Celebrate successes and use setbacks as opportunities for growth.

Example: After a major project, host a debrief to identify lessons learned and refine processes for the future.

The Time to Start Is Now Delegation isn’t about giving up control—it’s about building a stronger, more resilient team and creating space for yourself to lead effectively. What’s one task you can delegate at Level 4 today? The sooner you start, the closer you’ll get to transforming your leadership—and your firm’s future.

My clients are the best attorneys in their fields. They’re managing partners and law firm CEOs who are comfortable with being uncomfortable, who think big to keep their firms thriving. They increase revenue, master their time and focus, improve performance, and ultimately enjoy more freedom with less burnout. You can too. Schedule a complimentary 30-minute discovery session with me here, or send me an email. n John R. Kormanik, Esq., is a Professional Certified Coach and Founder of IR Global. IR Global is a multi-disciplinary professional services network that provides legal, accountancy, financial advice to companies and individuals around the world. Learn more at www.irglobal.com.

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The Complete Guide to Reputation Management for Law Firms

by Julie Lorson

M

anaging your law firm’s reputation is a crucial aspect of operating in today’s digital landscape. In my experience, I’ve come to understand that reputation management isn’t just about responding to online reviews or monitoring social media mentions. It’s about actively shaping how your firm is perceived by potential clients, peers, and even competitors.

With so many platforms where people can discuss your firm—Google, social media, legal directories—it can feel overwhelming to keep track of it all. But in this article, I’ll go through several effective strategies and tools that can help.

Why Reputation Management Matters for Law Firms Consider these statistics: • 77% of consumers read reviews when browsing local businesses.

• 79% of consumers expect brands to respond within 24 hours on social media.

These expectations highlight the importance of reputation management. With so many channels for feedback and reviews, it’s crucial for law firms to actively monitor and manage their online presence.

What Is Reputation Management?

Reputation management is the science of shaping public perception of a business—in this case, your law firm. It’s about influencing what current and potential clients think of you based on what they see online.

Reputation management involves things like responding to feedback, managing your SEO to showcase positive content, and launching PR campaigns to boost visibility. When done right, it builds trust and loyalty, which I believe are key drivers for growth in any law firm.

At the same time, I’ve noticed that even negative feedback can be valuable. It often highlights areas for improvement, allowing your firm to better serve its clients.

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What Is Brand Reputation Management?

Brand reputation management focuses on how people perceive your law firm’s image. This goes beyond your firm’s logo or tagline. It’s about maintaining your professional standing on review sites, social media platforms, and search engines.

Brand reputation management is ongoing. It’s not enough to monitor public perception—you need to act swiftly to address issues and improve your firm’s image when needed.

While brand reputation and general reputation management overlap, I see a key difference: brand reputation centers on how your firm’s brand connects with clients, while reputation management includes broader aspects like operational integrity or ethical practices.

Strategies for Law Firms to Manage Their Reputation Reputation management is about being proactive rather than reactive. Here are strategies I believe can help your law firm: 1. Audit Your Online Presence: Make it a priority to ensure that all your profiles—website, social media, legal directories—are consistent and up-to-date.

2. Monitor Client Feedback: Whether it’s Google reviews, Avvo ratings, or social media comments, it’s important to keep track of what people are saying. Responding promptly and professionally to feedback is critical.

3. Invest in Thought Leadership: Publishing blogs, articles, or videos showcasing your firm’s expertise is a great way to build trust. Sharing insights through webinars or podcasts also positions your firm as an authority in its practice areas.

4. Leverage Local SEO: Optimizing your website for local search terms can make your firm more visible to potential clients in your area.

5. Focus on Client Experience: Ensuring a seamless and professional client journey—from the initial consultation to case resolution—is a non-negotiable part of reputation management.

How to Build a Reputation Management Plan Building a solid reputation management plan takes effort, but I’ve found it’s worth every bit of energy. Here’s how to go about it: 1. Research and Monitor: I’d start by tracking mentions of your firm online using tools like Google Alerts or dedicated reputation management software. This would give you a clear picture of how people perceive your firm.

2. Develop a Response Strategy: Creating a tone guide ensures that responses to reviews and comments are consistent and professional. I’d include templates for handling common scenarios, including crisis situations.

3. Assign Clear Roles: Having a team member or department responsible for reputation management is crucial. They’d handle ongoing monitoring and ensure the strategy stays on track.

4. Engage Regularly: I’d make it a habit to post updates, share client success stories, and interact with followers on social media. Consistent engagement builds trust.

5. Evaluate and Adjust: Finally, I’d continuously assess the effectiveness of the strategy and make adjustments based on feedback and analytics.

Tools to Help Manage Your Law Firm’s Reputation I’ve seen how tools can make reputation management much easier. Here are a few that I recommend:

• Yext Reviews: Helps maintain consistent business information across platforms.

• ReviewTrackers: Monitors reviews from sites like Google and Facebook, sending real-time alerts.

• Podium: Centralizes client interactions and review management.

• BirdEye: Tracks reviews, monitors social media mentions, and gathers competitor insights.

Key Takeaways Reputation management is an ongoing effort that requires attention, strategy, and the right tools. A strong reputation doesn’t just happen—it’s built over time through deliberate actions. By auditing your online presence, engaging with your audience, and responding to feedback thoughtfully, you can protect and enhance your law firm’s image. Take the time to craft a reputation management plan that aligns with your goals, and use it as a foundation to build trust and credibility in your market. It’s an investment that will pay off in the long run. n Julie Lorson is thrilled to be the Director of Search Engine Marketing at Good2bSocial. She has been working in SEO for over 15 years! Founded by a former attorney who fell in love with digital marketing, Good2bsocial is uniquely positioned to help lawyers, law firms, and legal-centric businesses and organizations realize a superior ROI from their digital marketing efforts.

Learn more at: www.good2bsocial.com.

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California Case Summaries New California Civil Cases

by Monty A. McIntyre, Esq. These recent cases summarized by Monty A. McIntyre are from his publication California Case Summaries™. Monty prepares short summaries (one paragraph), organized by legal topic, of every new published California civil and family law case that California lawyers can subscribe to on either a monthly, quarterly or annual basis. Monty also offers specialized practice area annual summaries in the areas of Employment, Family Law, Real Property and Torts. For more information go to https://cacasesummaries.com. A California civil trial lawyer since 1980, a member of ABOTA since 1995, a past president of the SDCBA and San Diego ABOTA, and also an expert Zoom user, Monty serves as a mediator, arbitrator and referee with ADR Services, Inc. handling cases throughout California in the areas of business, elder abuse, employment/wage & hour, insurance bad faith, legal malpractice, medical malpractice, personal injury, real property and wrongful death. Web: https:// www.adrservices.com/neutrals/mcintyre-monty/. To schedule a matter, contact Monty’s case manager Haward Cho, (619) 233-1323 or haward@adrservices.com.

CALIFORNIA SUPREME COURT Civil Procedure California Capital Insurance Company v. Hoehn (2024) _Cal. 5th_, 2024 WL 4812045: The California Supreme Court overruled the rule in Rogers v. Silverman (1989) 216 Cal.App.3d 1114 (Rogers) and its progeny that Code of Civil Procedure section 437.5’s two-year time limit applies to Code of Civil Procedure section 473(d) motions to vacate a judgment that is void, stating that procedural hurdles that are unnecessary to the fair adjudication of default judgments should not stand in the way of the vindication of a defendant’s due process rights. In the underlying case plaintiff attempted to serve defendant in 2010 and allegedly obtained substituted service on defendant’s girlfriend. In 2011 plaintiff obtained a default judgment of $486,528 against defendant. In 2018 plaintiff assigned the default judgment rights, and in 2020 after the judgment creditor tried to garnish defendant’s wages. Defendant then filed his motion to set aside the default judgment which the trial court denied based upon Rogers, and the Court of Appeal affirmed. (November 18, 2024.)

North Am. Title Co. v. Superior Court (2024) _ Cal.5th _ , 2024 WL 4599235: The California Supreme Court reversed the decision of the Court of Appeal regarding disqualification of the trial judge. The Court of Appeal

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ruled that the nonwaiver provision set forth in Code of Civil Procedure section 170.3(b)(2) precluded waiver of a party’s right to seek judicial disqualification when the claim would otherwise be barred by the requirement in section 170.3(c)(1) that a claim for disqualification should be at the earliest practicable opportunity. The Supreme Court disagreed, concluding that the nonwaiver provision of section 170.3(b)(2) applies only in circumstances of judicial self-disqualification, where a judge has determined himself or herself to be disqualified and, absent an explicit waiver of disqualification by the parties, would recuse himself or herself from the proceedings. (§ 170.3(a)(1) & (b)(1).) The nonwaiver provision is inapplicable when a party seeks disqualification by filing a written verified statement of disqualification. (October 28, 2024.)

CALIFORNIA COURTS OF APPEAL Attorney Fees Ofek Rachel, Ltd., et al. v. Zion (2024) _ Cal.App.5th _ , 2024 WL 4849692: The Court of Appeal affirmed the trial court’s order awarding defendant Chaim Cohen (Cohen) to pay the judgment creditors $185,095.20 for their attorney fees and $8,964.71 in costs. Cohen was not involved in the original lawsuit leading up to the judgment. In a postjudgment debtor’s examination and other discovery, the judgment debtor admitted that his friend Cohen was paying

all of the judgment debtor’s expenses, often with American Express credit cards in Cohen’s name. Cohen then became involved in post-judgment enforcement proceedings.

The Court of Appeal concluded that under Code of Civil Procedure section 1218(a), a trial court has authority to impose attorney fees against a person who violated a court order compelling discovery issued during the post-judgment enforcement proceedings—even though that person was not a party to the lawsuit giving rise to the judgment being enforced. (C.A. 2nd, November 21, 2024.)

Civil Procedure Gorobets v. Jaguar Land Rover North America, LLC (2024) _ Cal.App.5th _ , 2024 WL 4456864: In this important new case dealing with CCP 998 offers, the Court of Appeal affirmed the trial court’s order holding that because defendant had sent one valid CCP 998 offer that plaintiff rejected, and plaintiff failed to get a more favorable result at trial, plaintiff’s costs and attorney fees were limited and defendant was awarded its post-offer costs. The twist in this case was that defendant made two simultaneous 998 offers that it labeled as “alternative offers.” After plaintiff leased a new 2016 Land Rover LR4 from defendant, he experienced numerous defects and nonconformities that defendant was unable to repair. Plaintiff sued defendant in a lemon law case under the Song-Beverly Consumer Warranty Act (Civ. Code, § 1790 et seq.) and alleged (1) breach of express warranty, (2) breach of implied warranty, and (3) breach of the duty to return the vehicle from service without defects within 30 days. Defendant sent two simultaneous 998 offers. One was a lump sum offer, offering to pay plaintiff $85,000.00 to return the vehicle with free and clear title. There was no dispute that this was a valid CCP 998 offer. The other offer was a category-based offer with a dispute resolution mechanism where defendant agreed to pay undisputed damages and allowed plaintiff to pick a dispute resolution process to resolve disputed damages. For both alternative offers defendant offered to pay plaintiff’s attorney fees and costs in either (1) a flat amount of $7,500 or (2) an amount to be determined by the court. The Court of Appeal concluded that simultaneous offers to the same party are not effective under CCP 998 because such offers do not allow the trial court to determine whether a judgment is more favorable than the offer. The Court of Appeal also concluded that category-based offer was invalid. However, the Court of Appeal ruled that when an offeree makes two simultaneous offers, one of which is invalid and the other valid, this does not make the independently valid offer

ineffective. The trial court properly evaluated the valid 998 offer and concluded that plaintiff was limited to recovering his pre-offer costs and attorney fees and was required to pay defendant’s post-offer costs. (C.A. 2nd, October 10, 2024.)

Haidet v. Del Mar Woods Homeowners Association (2024) _ Cal.App.5th _ , 2024 WL 4677484: The Court of Appeal affirmed the trail court’s order entering a dismissal with prejudice against defendant, and awarding defendant $48,229.08 in attorney fees. The trial court entered these orders due to plaintiffs actions in filing a first amended complaint that did not name the original sole defendant (instead naming other defendants), and later seeking to dismiss the original defendant without prejudice, after the trial court had sustained defendant’s demurrer with leave to amend as to two causes of action and sustained the demurrer without leave to amend as to the other cause of action, in plaintiffs’ action alleging causes of action for breach of contract, breach of fiduciary duty, and declaratory relief against defendant. After plaintiffs filed their first amended complaint defendant requested that it be dismissed with prejudice. Plaintiffs could have dismissed defendant without prejudice by filing a dismissal before filing the first amended complaint, or by naming the defendant in the first amended complaint and then dismissing that defendant without prejudice. Plaintiffs failed to exercise either option.

Instead, plaintiffs elected to amend their complaint and then, several days later, sought to dismiss, thereby forfeiting the right to voluntary dismissal without prejudice. (Code of Civil Procedure, section 581(f)(2).) The trial court had discretion to dismiss with prejudice or without prejudice, and it did not abuse its discretion in dismissing with prejudice. The trial court did not abuse its discretion in awarding defendant its attorney fees. (C.A. 4th, November 5, 2024.)

Real Property JCCrandall v. County of Santa Barbara (2024) _ Cal.App.5th _ , 2024 WL 4599704: The Court of Appeal reversed the trial court’s order denying a petition for a writ of administrative mandate seeking to overturn respondent’s decision granting a conditional use permit (CUP) for the cultivation of cannabis where a private easement over a neighbor’s land was the only access to the land subject to the CUP. The Court of Appeal disagreed with the trial court and reversed its order because under federal law cannabis is illegal in California and everywhere else in the United States. The servient tenant’s objection on this ground was sufficient to defeat the CUP. (C.A. 2nd, October 29, 2024.) n

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Six Important Lessons from My First Year as a Full-Time Mediator

by Wiley George

A

year or so ago, I became a full-time mediator. While mediation had been a routine component of my 35-plus years as a trial lawyer, conducting mediations as the mediator is a strikingly different role and has taught me some valuable lessons.

Many of these lessons I anticipated because of the fine formal (shoutout to Tracy Leissner and Robert Hughes and the University of Houston Law Center’s 40-hour training program) and informal training I did beforehand, as well as the countless mediations in which I participated as an advocate.

But some surprised me, and they may surprise other new mediators—as well as attorneys who are new to mediation.

Here are six mediation lessons I want to share.

has served the mediation process and her client well. When a lawyer shows up without having assessed the risks, he has potentially hindered the settlement process.

As a young trial lawyer coming out of Baylor Law School’s Practice Court and starting as an associate in the premier trial firm of Strasburger & Price, I was taught to draft a jury charge as soon as you knew enough about your case and then assess the chances of winning the answers that you want. That meant that you were also assessing the chances of winning or losing issues as a matter of law. Did I—and do we trial lawyers— always do that? Of course not. But the more I can tell a lawyer at mediation has done that kind of work, the better I feel about our chances of success on the day of mediation.

A Dispute Can Settle Early On

One Person Can Derail a Mediation

A case—even a dispute that has yet to be filed—really can settle before the parties spend substantial sums in discovery and motion practice. There is a caveat: The parties and their lawyers must put work into the mediation process. I was skeptical at first, but I have seen it happen firsthand.

Trying to resolve disputes early on—the process is now often called early dispute resolution or EDR—seems to be gaining popularity. That is no surprise as litigation continues to get more and more expensive. When I have seen it work, I have noticed at least three things were present:

Even when the parties are adequately prepared, one “rogue” lawyer or party can derail a mediation. To help avoid this, I have learned to do as much as possible before the mediation, or at least at its very beginning, to unmask that person. It is usually not hard to spot him or her. What is harder is predicting whether that person’s attitude will change during the day. I try to learn more about the person’s motivation for being difficult.

Sometimes it is emotion. Sometimes it is an unrealistic view of the case. Sometimes it is a person being overly aggressive for aggression’s sake. The more I learn, the better I can enlist other participants to help me bring the rogue in line.

1. The lawyers had convinced their clients (or maybe it was vice versa) to come to mediation with open minds and positive attitudes about how to reach an early resolution.

2. The parties and their lawyers worked diligently during the mediation process to bridge material information gaps.

3. The lawyers (and therefore their clients) had good handles on their claims, defenses and potential damages.

Preparation Matters When a lawyer shows up to the mediation having provided her client with a true assessment of the risks of the case, she

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Attorney Journals Orange County | Volume 225, 2025

An Opening Session May Be Productive—or Not I have learned to handle whether to have an opening session on a case-by-case basis. By the end of my days as a trial lawyer handling mostly large, complicated commercial disputes, it was customary to skip an opening session. While training to mediate full time, I questioned whether skipping an opening session was always the right thing to do.

Sometimes it absolutely is, but sometimes it is not. I have watched opening sessions do their part to advance the parties more quickly to a settlement. I have also skipped opening

sessions only to get together later in the day to tackle an issue that we could have taken care of upfront. But I have also had mediations where certain folks should not have been in the same room together. So, I have learned to address whether to have an opening session in my pre-mediation calls, and I have found myself encouraging opening sessions when I notice some reason for participants to eyeball each other at the beginning of the day.

Pre-Mediation Calls and Video Teleconferences Matter Pre-mediation telephone calls and/or video teleconference sessions are a valuable part of the mediation process. A year ago, I wondered how many busy lawyers would take the time for such a call. So far, every one of them have chosen to. We have used them to do many things, such as identifying missing information needed for effective negotiations, encouraging a more fulsome risk assessment, discovering the potential rogue, discussing whether an opening session makes sense or just getting to know each other if we did not already. These calls help set the stage for a successful mediation.

Following up Can Make the Difference Finally, lawyers appreciate persistent follow-up when a settlement was not reached the day of mediation. (No, I’m not batting 1000%.) By persistent, I mean following up until the lawyers tell me to go away. I have learned that such follow-up may lead the parties to realize that much of the groundwork for a settlement was already laid, and we may be able to achieve after the mediation what we were not able to do the day of mediation.

Originally published in The Texas Lawbook—December 2024 and reprinted with permission. n Wiley George has been a full-time mediator since 2023.

He mediates the types of commercial cases that he handled as a trial lawyer, including antitrust, bankruptcy and restructuring, breach of contract, commercial torts, construction, covenants not to compete, franchise and distribution matters, fraud, insurance coverage, intellectual property, legal malpractice, mergers and acquisitions, oil and gas/energy, public law, and securities. With an active trial practice spanning more than 35 years, Wiley represented and tried cases for both plaintiffs and defendants. Learn more at www.milesmediation.com.

Attorney Journals Orange County | Volume 225, 2025

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