Attorney Journal, Orange County, Volume 124

ORANGE COUNTY

Volume 124, 2016 • $6.95

Nonverbal Communication

Jeff Wolf

The Busy Lawyer’s Online Marketing Update

Consultwebs

McIntyre’s Civil Alert Organized Succinct Summaries

Monty A. McIntyre What’s Hot and What’s Not in the Legal Profession

Bob Denney

Law Firm of the Month

OC Elder Law Smooth Sailing for Seniors

COMPANY PROFILE OF THE MONTH

Bench Reporter LITIGATION SUPPORT FIRM OF THE MONTH

Regal Court Reporting

Specialization matters.

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ORANGE COUNTY LOS ANGELES SAN DIEGO SAN FRANCISCO SILICON VALLEY

2016 EDITION—NO.124

TABLE OF CONTENTS 6 What’s Hot and What’s Not in the Legal Profession

by Bob Denney

COMPANY PROFILE OF THE MONTH 8 Bench Reporter

by Karen Gorden

8

12 COMMUNITYnews

16 OC Elder Law Smooth Sailing for Seniors

EXECUTIVE PUBLISHER Brian Topor

EDITOR Wendy Price

CIRCULATION Angela Watson PHOTOGRAPHY Chris Griffiths

16

STAFF WRITERS Jennifer Hadley Bridget Brookman Karen Gorden

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by Jennifer Hadley

22 Nonverbal Communication

CREATIVE SERVICES Skidmutro Creative Partners

CONTRIBUTING EDITORIALISTS Bob Denney Monty McIntyre Jeff Wolf Consultwebs

LAW FIRM OF THE MONTH

by Jeff Wolf

24 McIntyre’s Civil Alert Organized Succinct Summaries

by Monty A. McIntyre

28 The Busy Lawyer’s Online Marketing Update

by Consultweb.com Staff LITIGATION SUPPORT FIRM OF THE MONTH

30 Regal Court Reporting

by Karen Gorden

28 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.

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What’s Hot and What’s Not in the Legal Profession

by Bob Denney Bob Denney is a recognized authority on strategy, management and leadership for law firms and companies. He serves as an outside Director on company boards and has also served as an interim CEO in turnaround and crisis situations. For further information visit our website at www.robertdenney.com.This article appeared in a recent edition of Of Counsel. It is reprinted with permission.

L

ike all our previous reports, this update is not based just on law firm surveys but also on information we are continually gathering from legal departments, other providers of legal services, the legal and business press and data compiled by various resources. We are not attempting to report on every development, many of which are obvious and widely recognized, but only on those that we believe are having, or will have, an impact on the profession.

it due to corporate relocations. Residential is still a mixed picture but is heating up outside some of these cities because millennials are starting to move out of the city to be closer to where they work.

• White Collar Crime. As we reported last December.

Getting Hot

• Insurance Defense. Insurers increasing using law firms to handle major claims by business insureds.

Practice Areas

Mixed Reading

Red Hot

• Commercial Litigation. “Bet-the-company cases” continue

• Cybersecurity. No longer just in large firms. Mid-size firms

are recognizing its critical importance. There are some predictions that clients will administer security audits which some firms will fail.

• Regulatory. New Federal regulations are being published

almost daily. The FDA, FCC, SEC and the FAA lead the parade. However, unlike in much of the rest of the profession, there is an under-supply of experienced lawyers in this area.

• Government Relations. As TMG’s Steve Nelson reported

earlier this year, door-opening relationships are no longer enough. Effective lobbyists must be equipped with facts, data and technical expertise to convince members of Congress what’s best for the country and their constituents.

Hot

• Immigration. Will be Red Hot by the end of the summer

as politics continue to mix with the legal issues, while those flames are also fanning …

• Labor & Employment. As we reported last December.

• Elder Law. Also as we reported at year-end, but still not widely recognized.

• Intellectual Property. While many of the large firms have

been recruiting laterals from IP firms, most of the surviving IP firms have continued to do well due to patent and continued trademark litigation.

• Real Estate & Construction. Commercial has become hot in the suburban areas outside some major cities, some of

6 Attorney Journal Orange County | Volume 124, 2016

to be Hot but the rest of litigation continues to be mixed.

For the reasons we discussed last December we do not foresee any major change.

• Energy. Ranges from Hot to Cool regardless of the

geographic area. One reason is uncertainty about oil prices.

• Corporate. Ranges from Hot to Cool depending on the client mix.

• Environmental. The Climate Change Law may affect future efforts to regulate greenhouse gas emissions.

Industry Groups Hot

• Technology. Not just in law firms but all providers of legal services as well as, in many cases, their clients.

• Health Care. Including, as we reported last December, at

least 15 practice areas such as finance, regulatory, labor & employment.

• Financial Services. Will get Red Hot next year, regardless of who is the next President.

• Manufacturing & Distribution.

• Aviation/Airlines.

• Transportation other than airlines • 3D Printing. Still not widespread but continues to be

hot in firms such as Benesch, which has formed a multidisciplinary group comprised of members of its Innovations, Information Technology and IP Group.

Marketing & Business Development • Social Media. Continues to be hot. Also see “Other Trends & Issues.”

• Content Marketing. Which is what many law firms have

been doing for years—writing or speaking about the law and sharing its impact on clients. As we reported last December, it continues to be hot as syndicators like LinkedIn and JDSupra push content to other sites and services.

• Videos. Really another form of Content Marketing,

generally included in a firm’s web site. If done well, they can be very effective, as Steve Taylor discussed in the March issue of Of Counsel.

• AILFLN (the Association of International Law Firm

Networks). This new association “represents the common interests of global and regional law firm networks.”

• “Best Lawyers,” “Super Lawyers” etc. Lists. They continue to proliferate. We discussed them in our December report and we agree with Ross Fishman in his June 6 post on Attorney at Work: “Stop squandering precious marketing dollars on them.”

• “Affordable Lawyers” Lists. As with the above, these are also ads, mostly placed by personal injury and divorce lawyers.

Other Trends & Issues • Demand for Legal Services. This has failed to return to prerecession levels in over 60% of U.S. law firms according to Altman Weil’s recent Law Firms in Transition Survey.

This has resulted in a surplus of lawyers and reduced profitability in many firms other than the largest.

Furthermore 62% of the firm leaders surveyed believe this will be a permanent trend. We agree—but we also believe the total amount of legal services performed by all providers—law firms, non-legal service providers legal departments—will actually increase.

• Billing Rates. Despite the softness in demand, billing rates

at some of the largest firms continue to increase although the actual billings reflect discounts which are also increasing.

• Clients Have Become Competitors. The irony of the whole

situation is that, because many legal departments are now doing work that used to be handled by their law firms, many clients have really become competitors to the law firms seeking their business.

Baltimore are a few of the cities that felt their staff attorneys did not have the expertise or time to deal with certain matters, particularly DOJ probes and other complex civil rights investigations.

• Social Media. My Case blog has just reported cases and statistics where it has been used as evidence in court.

• Online Degree Program. Syracuse University College

of Law is drawing up plans to launch an online degree program. If granted ABA and state regulators approval, it would enroll students as early as January, 2018 and would be the second law school to get ABA approval for this, the other being Mitchell Hamline School of Law in Minnesota.

• Mergers Continue. While no definite figures are available as

of this writing, mergers continue to be hot. Most of these are really acquisitions which are a major part of the growth strategy of the acquiring firm and, in many cases, a survival strategy for the acquired firm.

• Origination Credit. Riley Safer Holmes Cancila, a new

45-lawyer firm in Chicago, two of whose partners were in management positions at Hardin, is eliminating origination credit and the requirement that associates bill 2,000 hours a year. Will this be the start of a trend, at least in smaller and mid-size firms? Only time will tell.

• No Seven Dwarfs but Now Seven Giants. Despite the

reduced demand for legal services, seven of the largest international firms have continued to grow, either through traditional mergers or formation of a Swiss verein, a structure we reported on in prior Communiques.

• Commercial Litigation Funding. Despite opposition within

the profession, it continues to increase. Originally it was only a means to enable firms to carry large cases. Now major investment companies and other sources are providing capital for other purposes including launching boutique start-ups. Opponents say this violates the ban on outside investors in law firms but the funders say it isn’t purchasing equity but is an alternative type of financing which is eventually paid back.

• Lateral Hiring. Continues in many firms even though the national retention rate continues to be only 50%.

• The Accountants are Coming Closer. We reported last

December that the Big Four accounting firms have been acquiring law firms in the countries that have authorized

• Associate Salaries. Last week Cravath, immediately followed

multidisciplinary practices—Britain, Australia and Mexico.

Now Deloitte announced in April that it had purchased Conduit Law, a Canadian firm that provides outsourced lawyers. However, Deloitte also stated that it “had no plans to enter into the legal market or to compete with law firms here in the U.S.”

• Municipalities are Hiring Outside Attorneys to Handle

Perhaps the current state of the legal profession could be welldescribed by Thomas Paine: “These are the times that try men’s souls.” And women’s. n

by Milbank and Paul Weiss, raised associate salaries for the first time in nearly a decade. Expect more of the largest firms to follow suit before long but, due to the overall lackluster performance of the rest of the legal profession, don’t look for this to be the start of a trend.

Civil-Rights Investigations. Chicago, New Orleans and

Attorney Journal Orange County | Volume 124, 2016 7

JOURNAL

FEATURED COMPANY PROFILE OF THE MONTH

2016

Innovative Legal Product Review Bench Reporter Provides Attorneys With Instant Access to Thousands of Tentative Rulings in California (Along With Invaluable Insight Gleaned From Them)

by Jennifer Hadley

E

very once in a while a new product emerges on the legal scene which makes it almost impossible to believe that it’s just now making its way to the market. Such is the case with Bench Reporter (benchreporter.com), which made its debut last fall, and is already proving to provide invaluable insight to attorneys who are quickly realizing how much information can be gained by researching tentative rulings. So why was Bench Reporter created and how does it work to the benefit of attorneys?

In short, Bench Reporter is akin to a Google Search specifically for tentative rulings in California. Attorneys who subscribe to BenchReporter.com ($39/month, no subscription period required) simply log in, and perform an incredibly simple search. Searches can be conducted using single words or exact phrases (or combinations thereof ) and can be filtered

by County, by Judge, or by tags such as Premises Liability, Sanctions, Attorney’s Fees, Anti-SLAPP, Statute of Limitations, or by dozens of others. The process is frankly so simple that even the most technologically averse attorneys in the world will find it easy to use. Unlike other online legal research services which require often arduous navigation, Bench Reporter provides access to thousands of tentative rulings in California with a single click, delivering results instantaneously. Anyone can search the database, but only subscribers can see beyond the first 40 words of each ruling.

But why would attorneys need a service like Bench Reporter?

After all, this type of access has never been available before, and plenty of cases were fought and won without it. True as that 8 Attorney Journal Orange County | Volume 124, 2016

may be, it is worth considering that just because lawyers have been fine without this access, doesn’t mean they won’t be better advocates for their clients by utilizing this inexpensive and impossibly simple research service. All the same, the creation of Bench Reporter is rooted in the history of tentative rulings in California, and thus bears a brief review.

Origins of Tentative Rulings in Southern California According to benchreporter.com, “The Los Angeles County Superior Court invented tentative rulings in the 1960s.

Originally, they made motion practice more efficient by allowing parties to avoid an appearance upon learning which way a court was leaning, assuming the indicated result was acceptable. Attorneys could call the court and listen to a looped recording of the next day’s tentative rulings. Now, many departments post tentative rulings via their local court website.

“The simplest of tentative rulings indicate nothing more than an intent to grant or deny. Thanks to hard-working judges, tentative rulings have evolved greatly over the past two decades.” Plenty of tentative rulings today go far beyond a simple ‘grant’ or ‘deny’ and are as thorough and well-written as published decisions from the California Court of Appeal or the California Supreme Court. In fact, because the higher courts often focus on a narrow issue or two, tentative rulings from trial court judges frequently provide a more complete analysis of a given issue.”

In sum, Bench Reporter came about as the result of one firm’s realization of how much could be learned by reading tentative rulings. The firm began crudely archiving the rulings. A few years later, its database had grown to thousands of rulings. As others heard about the collection of rulings, the firm received requests for copies… and later, requests to build an easy-touse and searchable database. Finally, in November 2015, after pulling in a team of I.T. wizards and savvy web developers to make the site as easy to use as possible, BenchReporter.com went live. Each week, hundreds of tentative rulings are added to the database. To date, users can search more than 12,000 tentative rulings from Contra Costa, Los Angeles, Orange, Sacramento, San Diego, and Santa Clara Counties.

Benefits of Tentative Rulings Research As all attorneys are well aware, before ruling on a motion, judges in California often issue a tentative ruling, which indicates, based on the briefs already submitted, how and why the judge is inclined to rule. Regardless of whether or not the tentative ruling is adopted, it often vanishes. What may have been a meticulously crafted tentative ruling goes up in smoke, leaving nothing more than a final ruling pared down to its most basic elements, reading for example simply: “Motion granted, plaintiff shall have 20 days to amend the complaint.”

By contrast, the tentative ruling may have contained pages and pages of discussion and analysis.

Obviously, additional insight into how a particular judge may be inclined to rule, based on past rulings, is an asset to any litigator. However, what is so groundbreaking about the launch of Bench Reporter is that although no effort is spared in selecting, studying, and trying to predict how a jury will respond, it is the judge who often has far more impact over a given case. Yet until now, there was no easy way for litigators to become familiar with a judge. Bench Reporter makes this possible, all the while offering additional benefits.

By learning as much as possible about the judge assigned to the case, clients and insurance carriers are able to determine, within the limited amount of time available, if they ought to invoke a Peremptory Challenge. Similarly, attorneys can better predict the likelihood of having attorney’s fees awarded in specific types of cases, based on a particular judge’s past rulings on that issue.

This type of information can only enhance an attorney’s ability to prepare a more comprehensive analysis and report for clients or carriers, by illustrating how a judge has responded to similar motions in the past. Researching tentative rulings further allows attorneys to have a better understanding of specific cases the judge has found most persuasive in the past.

The list of benefits afforded to both plaintiff and defense counsel goes on and on. Attorneys find useful insight into a judge’s interpretation of ambiguous precedent. Some attorneys, to assist in their research, have even decided to obtain copies of

moving papers used by others for similar motions in the past.

And of course, through the reading of applicable tentative rulings, attorneys are offered a quick overview of issues they are not familiar with, and/or find help in drafting oppositions to motions they’ve never faced. Finally, through searching for relevant tentative rulings on benchreporter.com, issues for which there is not yet appellate authority may be better understood.

Indeed, attorneys throughout California who have begun utilizing Bench Reporter are finding they are able to provide stronger, better researched advocacy for their clients, despite the fact that this access has been largely unavailable until now.

But when it comes down to a $39 monthly subscription, which adds yet another tool to a litigator’s arsenal, it doesn’t make sense not to use it. With no minimum subscription period required, and the potential to secure quicker victories for clients, the fact that Bench Reporter’s popularity is growing so quickly is no surprise. n

“Bench Reporter is a great resource. It can be used to learn about your judge (from your judge). It can also be used as a research tool to quickly provide an overview of a new or unfamiliar issue. There is nothing else like Bench Reporter available.”

–­Larry Treglia, Partner, Murtaugh Meyer Nelson & Treglia, Irvine “We signed up with Bench Reporter in 2015 after hearing about it from someone at the Association of Southern California Defense Counsel. It’s been really useful!” ­–Wendy Wilcox, Partner, Skane Wilcox LLP, Los Angeles “Tentative rulings provide valuable guidance to the legal community and we’re fortunate to practice before judges who issue such insightful tentatives. I have learned from tentative rulings for years. I’m thrilled they are now available in a searchable database.”

–Aashish Desai, Desai Law Firm, P.C., Costa Mesa

Contact Bench Reporter www.benchreporter.com support@benchreporter.com

Attorney Journal Orange County | Volume 124, 2016 9

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Keller/Anderle LLP BUSINESS TRIAL LAWYERS

COMMUNITY news n The Traut Firm’s Eric Traut has been elevated to ABOTA Diplomate. An ABOTA Diplomate recognition is only given by the ABOTA board after an advocate has been lead counsel in over 100 civil jury trials tried to verdict, with a long and established practice of the law and a dedicated membership ERIC TRAUT to ABOTA. Many times this designation takes place after 40-50 years of practice, but Eric is proud to have achieved this designation after only 26 years.

In addition, Traut has been recently admitted to the elite list of “America’s Top 100” attorneys for Southern California as a lifetime member.

n Newmeyer & Dillion LLP is pleased to announce that three of the firm’s attorneys, Jennifer L. Ferrentino, Robyn E. Frick and Michael B. McClellan were selected to the Southern California Super Lawyers 2016 Rising Stars list for business litigation. Each year, no more than 2.5 percent of the lawyers GREGORY L. DILLION in the state are selected by Super Lawyers to receive this honor.

In addition, twelve of the firm’s Newport Beach attorneys were selected to the 2016 Southern California Super Lawyers list, an honor given to no more than five percent of the lawyers in California. These attorneys include: Michael S. Cucchissi, Jeffrey M. Dennis, Gregory L. Dillion, Joseph A. Ferrentino, Mark S. Himmelstein, Charles S. Krolikowski, Thomas F. Newmeyer, John A. O’Hara, Jane M. Samson, Robert K. Scott, Michael J. Studenka, and Carol S. Zaist.

Making the list since it was originally published in 2004 is co-founding litigation partner Greg Dillion who was again selected to the Top 50: 2016 Orange County Super Lawyers List. In addition, Jennifer L. Ferrentino, Robyn E. Frick, Jane M. Samson and Carol S. Zaist were listed in the 2016 Top Women Attorneys in Southern California by Super Lawyers. n Klinedinst PC is pleased to announce Shareholder Kevin L. Gramling has been formally accepted into membership of the highly respected American Board of Trial Advocates (ABOTA).

ABOTA selects members on an invitation-only basis among elite trial lawyers who demonstrate the highest levels of integrity and KEVIN GRAMLING skill. Qualifying members must have completed a minimum of ten civil jury trials to verdict as lead counsel, and be approved by votes of the local and national boards. The organization only accepts attorneys who display skill, civility and integrity, a willingness to help younger attorneys achieve a higher level of trial advocacy, and a commitment to educate the public about the vital importance of the Seventh Amendment.

Kevin Gramling has tried civil cases to verdict as lead counsel in superior courts throughout California. He is the managing shareholder at the firm’s Santa Ana office and has extensive experience defending transportation, product liability, premises liability, mold and indoor air quality, and professional liability claims. Mr. Gramling is active in the legal community and served as lieutenant in the U.S. Navy.

12 Attorney Journal Orange County | Volume 124, 2016

COMMUNITY news n Ashleigh Aitken, Of Counsel at Aitken Aitken Cohn, was recently announced as the honoree for the OCWomen2Women “Driving Forward in Style” Annual Event. In addition, she was also announced as the honoree for Chapman University Fowler School of Law’s Public Interest Law Foundation (PILF) 2016 Reception and The Segerstrom Center for the Arts’ Third Annual Arts & Business Leadership Awards Dinner.

Chosen for “her dedicated service to the Orange ASHLEIGH AITKEN County Community,” Chapman University Fowler School of Law’s Public Interest Law Foundation presented Aitken with their PILF Award for Excellence in Public Service. PILF is an organization dedicated to creating new and innovative opportunities for law students to engage in critically needed public interest work. Aitken was also honored with the Rising Leader Award at the Segerstrom Center for the Arts’ Third Annual Arts & Business Leadership Awards Dinner.

Aitken was honored at the OCWomen2Women event benefitting the Veterans Legal Institute for her work promoting the lives and appreciation of veterans.

In 2015, she played a pivotal role in the planning and creation of the veteran’s memorial, “Heroes Hall” on the O.C. Fair Grounds and she continues to call upon the community to take concrete action to assist the 3,500+ homeless veterans living on OC streets. OCWomen2Women works with select charitable organizations to enrich the lives of under-privileged women. n For the fourth consecutive year, Berger Kahn Partner Erin Mindoro has been named to the Southern California Super Lawyers “Rising Stars” list including the “Southern California Top 50 Women Up-and-Coming” and “Top 25 Up-andComing Orange County.” Erin has achieved this designation from Super Lawyers through a detailed research process, peer evaluation, and because of her demonstration of excellence within the first ten years of practicing law.

ERIN MINDORO

n In addition to his repeat selection among Southern California Super Lawyers Rising Stars for 2016, Matthew D. Easton, partner at Easton & Easton, has been selected among Super Lawyers’ Up-and-Coming Top 100 in Southern California and Up-and-Coming Top 25 in Orange County for 2016. Matt has also been rated AV Preeminent once again by Martindale-Hubbell and chosen once again among The National Trial Lawyers Top 40 Under 40.

MATTHEW D. EASTON

Have a Press Release you would like to submit for our Community News? Email it to PR@AttorneyJournal.us Attorney Journal Orange County | Volume 124, 2016 13

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Smooth Sailing

FOR SENIORS

OC Elder Law’s Marty Burbank and Joshua Ramirez Help Navigate Families to Peace of Mind

“At

a young age, I knew I wanted to help people with estate planning. I did not know at the time that you needed to be a lawyer,” says Marty Burbank, JD, LLM and founder of OC Elder Law. Laughing, he continues, “I know it sounds very odd, but I actually used to think through thoughtful ways to distribute wealth to children and charities while I was still in high school. A close family friend was a beneficiary under his grandfather’s trust and I remember my father commenting on how thoughtful his grandfather was. I knew it was something I was interested in, but it wasn’t until later that I realized that I would have to become a lawyer to do it.”

IN A SEA OF ATTORNEYS...

Burbank did not, however, grow up wealthy, so his journey to nationally recognized elder law attorney didn’t follow a direct line from point A to point B. “Thanks to the Community College system, and the benefits I received while serving in the Navy as a Medical Deep Sea Diver, I was able to complete my bachelor’s degree and get help paying for law school,” he recalls.

All told, Burbank would spend 12 years in the Navy, working extensively with Seal Teams, and spending a full three years as the senior corpsman working in the ICU where he says “many of our patients were older veterans and their spouses. I grew to appreciate their stories and the sacrifices they made,” he says.

Upon earning his law degree, Burbank knew that he only wanted to work with elders. Unfortunately, he concedes that his initial job offers didn’t strike a chord with him. “I had several job offers out of law school, but none of them were in the area of elder law and estate planning. I did however receive good advice from a friend who had already become a successful 16 16 Attorney Journal Orange County | Volume 124, 2016

by Jennifer Hadley

lawyer. He warned me against taking a position in a field I was not interested in, because I’d be putting myself in the proverbial golden handcuffs.”

So, Burbank did what he’s always done: mapped a different journey. “There were no jobs available for inexperienced elder law attorneys, so I decided to start my own firm. I made a great effort to learn as much as I could. I went to every MCLE class I could find. I immediately applied and enrolled in an LLM Tax program and I joined the National Academy of Elder Law Attorneys and Wealth Counsel, all of which helped give me the legal background I needed,” Burbank says. Likewise, he says many peers provided him with mentorship, including Fay Blix.

“Fay Blix told me that when she started as an elder law attorney she went through Nursing Home Ombudsman Training, so I did as well. This, as well as continued training opportunities through Alzheimer’s Orange County, also helped make me a better elder law attorney.”

While Burbank was building his practice, future attorney Joshua Ramirez was plotting his own course into Elder Law. “I have always wanted to make a difference in peoples’ lives,” he says. Like Burbank, Ramirez grew up in a faith-based household, which emphasized giving back to others in hopes of making a positive impact on the world through volunteer and charitable endeavors. “Growing up, I was active in community service, serving at church and being compassionate to those in need,” he recalls. That desire to help others would understandably result in his decision to pursue a legal career. “At a young age I decided that being an attorney was my calling and would be the way I could continue my passion for helping others through difficult times.”

LAW FIRM

OF THE MONTH

© Christopher TODD Studios

2016 2014

Attorney Journal Orange County | Volume 124, 2016 17

Although Ramirez didn’t have the same experience growing up with grandparents in his home that Burbank did, he felt the same draw towards working with seniors that Burbank felt from early on. “I have always had a passion for seniors, but my education focused on taxes and estate planning,” he says.

Fortunately, he found the perfect opportunity to blend his passion with his education when he met Burbank.

“We met at a Bible Study for Lawyers,” says Burbank, before adding with a self-deprecating laugh, “we’re lawyers, we probably need the extra help.” Ramirez agrees, joking, “I didn’t go to Bible Study looking for a job, but after we met I did ask Marty if I could come clerk for him.” That was more than 5 years ago, and suffice it to say, both Burbank and Ramirez feel blessed to have found they are like-minded attorneys in more ways than one, beginning with the fact that both hold LLM degrees.

© Christopher TODD Studios

CHARTING THE FIRM’S COURSE: FOCUS ON COMPASSION, CARING & EDUCATION

Joshua Ramirez

18 Attorney Journal Orange County | Volume 124, 2016 18

“We are trust and tax attorneys, and our typical clients are families facing the overwhelming costs of long-term care.

They are facing moving into an assisted living facility or a skilled nursing facility, and are concerned with preserving assets for their spouse or parent while maintaining a high quality of life,” explains Ramirez. This naturally extends to veterans, which account for roughly 25% of the firm’s practice, and who, for obvious reasons, hold a place dear to Burbank’s heart.

But far from other trust and estate attorneys who utilize a one-size-fits-all intake form, Burbank and Ramirez flat out refuse to treat each client exactly the same. On the contrary, they are determined to make sure that their clients feel instead, like a one-of-a-kind client. To that end, Ramirez says, “We have a soft approach. Our main priority is learning about what is important to them. This answer is going to be very different for different people.” As such, Burbank and Ramirez are steadfast in their commitment to educate their clients, but only after they have been educated by their clients.

“We set aside at least 2 hours for every initial consultation.

We need to get to know our clients before we can provide answers and solutions for what they want,” says Burbank.

Only after learning their client’s goals do Burbank and Ramirez begin breaking down the available options. It is during this process that Ramirez is happy to actually draw out various scenarios for clients. “I love the white board. I literally draw out plans for clients so that they can visually see just how their plan will work,” he says.

During these consultations, Ramirez and Burbank are also completely free to spend their time learning about the client’s wishes, as they utilize one of their firm’s paralegals to track

© Christopher TODD Studios

notes. This is done, according to Burbank, in order to allow him and Ramirez to focus their entire efforts on learning about the client, before ultimately educating them.

“OC Elder Law is often able to find legal solutions where other firms have not been able to help clients reach their goals.

Sometimes we are the second or third law firm a client has spoken to. Because we spend so much effort and expense on continuing education for all of our lawyers, we are aware of many of the latest legal strategies to help clients reach their goals. Because of our continued effort to stay well informed on non-legal issues as well, we are able to bring a lot more to the table than just ‘legal’ solutions,” explains Burbank. “There are new options available that weren’t available five years ago. We are dedicated to making sure that we provide our clients with all of the newest strategies and options that are emerging and available.”

Given the fact that both Ramirez and Burbank are incredibly devoted to their faith—Burbank counts seminary training in his past, while Ramirez has served as a youth pastor— they are well known for helping clients who are similarly minded to allocate assets in conjunction with their faith. “We feel that if your faith has been important to you throughout your life, ignoring that part of your life when planning for incapacity, death and wealth distribution doesn’t make any sense. We take a faith-based perspective to our clients’ planning, when appropriate, which keeps their faith at the center of their plan and passes on a truly great legacy to their family,” says Ramirez.

As a result of their faith, giving back to others is nearly as much a part of what OC Elder Law does, as the trust and estate planning they provide for elders and their families. For example, Burbank and his wife Seon Chun-Burbank recently pledged to send an entire Anaheim classroom of 27 kindergarteners to college. This pledge has understandably garnered national media attention, as it will ultimately cost in excess of $1.1 million dollars. “At least 20% of our firm’s time is spent giving back,” says Burbank before admitting sheepishly that “one of our paralegals actually spends closer to one-third of her time managing the plan for the kids.”

Although that is an extreme example of charitable giving, Ramirez and Burbank are relentless in less visible efforts to better their communities as well. “Our firm serves at various local charities, such as packing food boxes for the Roosters annual food drive, and packing supplies for needy children in Ecuador through the Giving Children Hope Foundation.

Burbank also serves as Vice Chair of the North Orange County Chamber of Commerce Board, and has served on the YWCA Board, the Rotary Fullerton Board, and the Roosters Foundation Board. Ramirez serves as a Member at Large on the Board of Directors for the Elder Law Section of the OCBA, and serves on the Board of Directors for Crittenton Services. Moreover, both Ramirez and Burbank are part of Rotary International.

Marty Burbank

Attorney Journal Orange County | Volume 124, 2016 19

© Christopher TODD Studios

QUALITY OF LIFE SAVERS FOR FELLOW ATTORNEYS With all that Burbank and Ramirez do to help their clients and their community, the two are also always looking for ways to help their colleagues, fellow attorneys, and the Orange County legal community as a whole. The single most measurable way that they have been able to do so thus far has been through helping other attorneys retire. “We have acquired 5 law practices over the last 4 years,” says Ramirez. “This has not only helped our business to grow, but has helped other attorneys retire comfortably.” Burbank agrees saying, “We have been able to give these attorneys much more value for their firm than they thought was possible, helping them to retire earlier and better than they thought possible.”

The partners, in fact, are planning to acquire other firms in the coming years. “We are currently looking for mature lawyers who are looking to retire so we can help them with their retirement goals as well as helping our own firm to grow,” Burbank continues. Further commitment to helping their fellow attorneys can also be seen through referral fees which have been known to climb to six figures in the past.

20 Attorney Journal Orange County | Volume 124, 2016 20

Considering all Burbank and Ramirez have already accomplished, and have done to help others, what’s peeking over the horizon for the future? “We plan to continue to work hard, and continue to learn all we can about seniors and aging,” says Ramirez. Plus, Burbank says the firm plans to remain devoted to giving back to others, all the while making sure their office and staff is enjoying life. “We have a lot of fun in our office. We are lucky that there are great people that work here, and we’re pretty sure they like working here. They did buy me a few amazing birthday gifts,” he says again with a laugh. n Contact Marty Burbank Joshua Ramirez OC Elder Law www.OCElderlaw.com info@OCElderlaw.com 800.220.4205 619 N. Harbor Blvd.

Fullerton, CA 92832 1185 Magnolia Ave., Suite B Corona, CA 92879

Nonverbal Communication

by Jeff Wolf

Functions of Nonverbal Communication It’s vital to understand how we communicate, not just the meaning of the words we speak. As a leader or manager, you should explore how nonverbal communication serves many functions: Repetition. Gestures, such as nodding, serve to reinforce what’s being said. A nod of the head is, in fact, one of the most universal gestures, understood across many cultures as an agreement or understanding between two people.

Substitution. Substitution involves replacing a spoken word with a nonverbal cue. You can nod your head without saying a word or wave your hand instead of saying good-bye. You haven’t uttered a word, yet you have communicated effectively.

Complement. A smile or a pat on the back can complement words of enthusiasm or praise.

Accenting. You may accent a particular word in a sentence, such as “I am very disappointed in you!” A strong tone of voice dramatizes the message.

Misleading or Deceiving. Can you tell when an employee is lying? Detecting deception is usually based on nonverbal cues.

Facial expressions, body movement, and tone of voice will often expose the truth versus lies in criminal investigations.

Improving Nonverbal Communication Workplace communication, whether verbal or nonverbal, drives all activity between you and others. So, how do you improve it as you listen to and speak with others?

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Attorney Journal Orange County | Volume 124, 2016

Step 1: Watch yourself...and others. When communicating, focus on the use of your body. The goal is to increase the expressive nature of your body, when appropriate, without being overdramatic. Be aware that gestures are often more useful with groups such as in meetings and presentations. If a person’s words fail to match their nonverbal cues, it’s best to trust the nonverbal messages. Listen with your eyes. In most cases, the nonverbal message is more accurate.

Step 2: Maintain eye contact. Eye contact is crucial when speaking with anyone, particularly coworkers, superiors, or direct reports. It promotes trust and understanding. Try to increase eye contact when speaking with others, and see if they’re making and maintaining eye contact with you. If someone avoids eye contact, you’ll likely sense the person’s discomfort or dishonesty. You can ease another’s discomfort by asking questions that enhance communication.

Step 3: Work on your posture. Your mother emphasized the need to stand up straight and avoid slouching in your chair. As it turns out, Mom was giving you your first lesson in nonverbal communication. Posture is a nonverbal indicator of confidence level.

A gesture conveys a message by using one part of the body, whereas a postural shift involves the movement of the body as a whole. A closed posture (folded arms and crossed legs) indicates a closed personality and a lack of confidence. Open posture (arms spread in a relaxed manner) is a much more confident pose. Posture should also be in sync with conversations so you avoid sending mixed messages. When you’re sitting behind your desk or at a meeting table, sit up straight. Don’t slump; it conveys disinterest and inattention. Leaning back, or rocking back and forth in your chair, tells others you’re bored.

In contrast, leaning forward in your chair when listening to someone speak demonstrates active interest in both the person and conversations.

tone, for example, may convey a stronger and more serious message, as compared to softer tones. Sarcasm can also cause problems in the workplace. A manager’s sarcastic tone creates stress because their tone (joking) is meant to contradict their words (hurtful or biting).

Step 4: Straighten your desk. A sloppy desk or office sends the message that you’re disorganized and careless. Messy desks may be a symptom of a larger problem such as inefficiency, which stems from an inability to find files or other important papers.

Disorganization creates stress and limits productivity. Instead of creating vertical piles on your desk, rely on to-do files that can be stored inside a drawer.

Step 7: Question yourself. Throughout the day, monitor your progress. Ask yourself the following questions about your performance: How was I perceived at the meeting? Could I have done something differently? Were people really interested and paying attention to what I was saying? Did I listen well to others? As you answer these questions, your self-awareness will increase. n

Step 5: Read your audience. If you’re making a presentation, be aware of your audience’s nonverbal communication. As your presentation progresses, watch for signs of slouching, yawning, or dozing off; this means you’ve lost their attention. If, on the other hand, the group is energized and interested, participants’ body language may convey that they want you to ask for their thoughts and input. Learning to read a group’s mood enhances your abilities as both a speaker and manager.

Jeff Wolf is one of America’s foremost executive business coaches, speakers and management consultants. Prestigious Leadership Excellence Magazine named him one of the Top 100 Thought Leaders for his accomplishments in leadership development, managerial effectiveness and organizational productivity. His strategic focus on solving corporate and human issues has garnered continuing raves from myriad global organizations.

Step 6: Listen to your voice. Paralanguage, or paralinguistics, involves the various fluctuations in one’s voice, such as tone, pitch, rhythm, inflections, and volume. These cues can have a powerful effect on communication. A loud or very forceful

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Attorney Journal Orange County | Volume 124, 2016 23

McIntyre’s Civil Alert Organized Succinct Summaries

by Monty A. McIntyre, Esq.

Monty A. McIntyre has over 30 years of experience as a mediator and arbitrator. More than 35 years of experience as a civil trial lawyer representing both plaintiffs and defendants in business and commercial, bad faith, brain injury, construction, land use/CEQA, medical malpractice, personal injury, real property and wrongful death cases. To schedule a meeting with Monty A. McIntyre contact Kelsey Hannah at ADR Services, Inc. at 619-233-1323 or kelsey@adrservices.org

UNITED STATES SUPREME COURT Employment (Title VII Discrimination) Green v. Brennan _ U.S. _ (2016), 2016 WL 2945236: The United States Supreme Court vacated the judgment of the Tenth Circuit Court of Appeals and remanded for further proceedings. When an employee resigns in the face of intolerable discrimination and claims they have been constructively discharged, under Title VII, the matter alleged to be discriminatory includes the employee’s resignation, and the 45-day clock for a constructive discharge begins running only after the employee resigns. (May 23, 2016.)

CALIFORNIA SUPREME COURT Torts (Asbestos) Webb v. Special Electric Company, Inc. (2016) _ Cal.4th _ , 2016 WL 2956882: The California Supreme Court affirmed the Court of Appeal’s ruling reversing the trial court’s entry of a judgment notwithstanding the verdict in an asbestos case because substantial evidence demonstrated that defendant breached a duty to warn Johns-Manville Corporation (Johns-Manville) and foreseeable downstream users like plaintiff about the risks of asbestos exposure. The California Supreme Court formally adopted the sophisticated intermediary doctrine as expressed in the Restatement Second of Torts. Under this rule, a supplier may discharge its duty to warn end users about known or knowable risks in the use of its product if it: (1) provides adequate warnings to the product’s immediate purchaser, or sells to a sophisticated purchaser that it knows is aware or should be aware of the specific danger, and (2) reasonably relies on the purchaser to convey appropriate warnings to downstream users who will encounter the product. Because the sophisticated intermediary doctrine is an affirmative defense, the supplier bears the burden of proving that it adequately warned the intermediary, or knew the intermediary was aware or should have been aware of the specific hazard, and reasonably relied on the intermediary to transmit warnings.

Defendant forfeited the sophisticated intermediary defense by not presenting it to the jury. Although the record clearly showed Johns-Manville was aware of the risks of asbestos in general, no 24 Attorney Journal Orange County | Volume 124, 2016

evidence established it knew about extreme risks posed by the crocidolite asbestos supplied by defendant. Moreover, the record was devoid of evidence that defendant actually and reasonably relied on Johns-Manville to warn end users like plaintiff about the dangers of asbestos. (May 23, 2016.)

CALIFORNIA COURTS OF APPEAL Arbitration Baxter v. Bock (2016) _ Cal.App.4th _ , 2016 WL 2995535: The Court of Appeal affirmed the trial court’s order confirming an arbitration award in a fee dispute case, but vacated and remanded the portion of the order awarding attorney fees to defendants for the confirmation hearing. The arbitrator in this case was not required to make a disclosure regarding his consulting practice, and plaintiff failed to prove his claim that the arbitrator was biased against attorneys. The Court of Appeal, however, found no reasonable basis for the difference in compensation assigned by the trial court to defendants’ two attorneys who had similar experience and qualifications. The Court of Appeal vacated that portion of the attorney fee order and remanded for the trial court either to assign the two attorneys the same rate of compensation or to articulate a reasonable basis for any difference. (C.A. 1st, filed May 18, 2016, published May 24, 2016.)

Rice v. Downs (2016) _ Cal.App.4th _ , 2016 WL 3085995: The Court of Appeal reversed the trial court’s order compelling arbitration of tort claims by plaintiff against defendant, his former attorney. While the parties consented to jurisdiction in state and federal courts sitting in California for “any action on a claim arising out of, under or in connection with this Agreement or the transactions contemplated by this Agreement,” they agreed to arbitrate only “any controversy between the parties arising out of this Agreement.” Viewing these adjacent provisions together, the Court of Appeal ruled that the parties intended to arbitrate only a limited range of claims, i.e., those arising out of the agreement, while litigating a much broader range of claims, i.e., any claim arising out of, under, or in connection with the agreement or transactions contemplated by the agreement. The Court of Appeal reversed the judgment confirming the arbitration award

with respect to the claims of legal malpractice, breach of fiduciary duty, and rescission. (C.A. 2nd, June 1, 2016.)

Civil Procedure (Anti-SLAPP, Costs, Joinder, Statue of Limitations) Aghaji v. Bank of America, N.A. (2016) _ Cal.App.4th _ , 2016 WL 3085551: The Court of Appeal affirmed the trial court’s order sustaining demurrers, without leave to amend, to the omnibus third amended complaint. 222 plaintiffs filed 22 related mass actions against various financial institutions and mortgage loan servicers. Plaintiffs are homeowners from all over the country. Each mass action involves numerous plaintiffs whose loans originated with and/or were serviced by a single defendant or related affiliates. The defendants in the lead case were Bank of America, N.A. and several of its subsidiaries or divisions and affiliates or agents. Plaintiffs challenged only the trial court’s denial of their request for leave to amend their unfair business practices cause of action to add factual allegations to support an entirely different theory than was suggested in the complaint.

Plaintiffs failed to show that their proposed additional facts were sufficient to state an unfair competition law claim. Moreover, even if their proposed additional facts were sufficient, plaintiffs clearly demonstrated that the claim could not be prosecuted as a mass action because the 222 plaintiffs’ claims do not arise out of the same transaction or occurrence as required by Code of Civil Procedure section 378. (C.A. 2nd, May 31, 2016.)

Charton v. Harkey (2016) _ Cal.App.4th _ , 2016 WL 2994747: The Court of Appeal affirmed the trial court’s finding that one defendant was entitled to costs, but reversed its decision to reduce that defendant’s cost award by 75% because she was one of several jointly-defended parties. The Court of Appeal concluded that, when the Legislature revised Code of Civil Procedure section 1032 in 1986, it intended to eliminate the unity of interest exception as a basis for denying a prevailing party the right to recover costs. Under section 1033.5, when less than all of a group of jointly represented parties prevail, the trial court must apportion the costs among the jointly represented parties based on the reason for incurring each cost and whether the cost was reasonably necessary to the conduct of the litigation on behalf of the prevailing parties. The court may not make an across-the-board reduction based on the number of jointly represented parties because doing so fails to consider the reason for incurring the costs and whether they were reasonably necessary for the prevailing party. (C.A.4th, May 24, 2016.)

Doe v. Roman Catholic Archbishop of Los Angeles (2016) _ Cal. App.4th _ , 2016 WL 3034674: The Court of Appeal affirmed the trial court’s order sustaining a demurrer, but remanded the case to give plaintiffs the opportunity to amend the complaint.

The trial court properly found that plaintiffs’ claims for childhood sexual abuse by a priest had expired before their lawsuit was filed, the claims were not tolled under Insurance Code section 11583 by gifts the priest gave to plaintiffs, and the claims were not revived by legislative changes made over the years to the statute of limitations. Because the complaint alleged when the payments

by the priest started but was silent as to when they stopped, the Court of Appeal remanded to allow plaintiffs an opportunity to amend the complaint to allege tolling under section 11583.

(C.A. 2nd, May 26, 2016.)

Rand Resources, LLC v. City of Carson (2016) _ Cal.App.4th _ , 2016 WL 3085525: The Court of Appeal reversed the trial court’s order granting an anti-SLAPP motion to strike. Plaintiff, formerly the defendant’s exclusive agent sued for breach of, and interference with, the agency contract and related causes of action. The Court of Appeal concluded that the trial court erred because defendants’ actions did not arise from an act in furtherance of their right of free speech or to petition for redress of grievances and were not in connection with an issue of public interest, and therefore fell outside the scope of the anti-SLAPP statute. (C.A. 2nd, May 31, 2016.)

Employment Seibert v. City of San Jose (2016) _ Cal.App.4th _ , 2016 WL 3085205: The Court of Appeal reversed the trial court’s order granting a writ of administrative mandamus to set aside a decision by the Civil Service Commission of the City of San Jose (Commission) denying plaintiff’s appeal from a decision by the San Jose Fire Department (Department) to terminate his employment as a firefighter and paramedic. The Court of Appeal ruled that (1) the Commission was not deprived of jurisdiction by the belated filing of the notice of discipline on which the challenged dismissal was based; (2) the trial court properly concluded that the e-mail exchange as alleged in one charge, which made no reference to the recipient’s age (16 years old), could not be found to violate any applicable rule or policy; (3) the court permissibly found, on conflicting evidence, that plaintiff lacked actual or constructive knowledge of the recipient’s age; (4) the court erred by refusing to consider the contents of interview transcripts which constituted the chief evidence of misconduct toward a female coworker; and (5) the court should have directed that any further administrative proceedings be heard and determined by an administrative law judge. (C.A. 6th, May 31, 2016.)

Torts (Assumption of Risk, Molestation) Bertsch v. Mammoth Community Water District (2016) _ Cal. App.4th: The Court of Appeal affirmed the trial court’s summary judgment for defendant in a wrongful death action. Decedent tragically lost his life while skateboarding with his brother in the resort town of Mammoth Lakes. The two were traveling downhill at a “pretty fast” speed, without helmets, when the front wheels of decedent’s skateboard hit a small gap between the paved road and a cement collar surrounding a manhole cover, stopping the wheels and ejecting him from the board. The impact of decedent’s skull with the pavement resulted in a traumatic brain injury and ultimately death. The trial court properly granted summary judgment based on the doctrine of primary assumption of risk.

(C.A. 3rd, June 1, 2016.) n

Attorney Journal Orange County | Volume 124, 2016 25

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THE BUSY LAWYER’S ONLINE MARKETING UPDATE

by Consultwebs.com Staff

We know you are busy so we did the reading for you. Our team of more than 50 search marketing experts shares the most important news that attorneys need to know about online marketing and web technology from the recent past.

Snapchat Rises to 10 Billion Videos Viewed a Day Snapchat has reported that users are watching 10 billion videos a day, an increase from the previous 8 billion just two months ago. Law firms may not be considering Snapchat as a means of marketing currently, but with Snapchat’s added “stories” feature there may be a new avenue opening for law firm marketing.

This feature allows videos to be viewed multiple times in a 24hour window, creating a broader audience and more marketing opportunities. This information provided by Kristina Sandine @houseofsandine

Google Gives Us Space in the Best Way Possible Google recently increased the width of its main column of search engine results. While this impacts many parts of search engine results, one of the most notable is the increase in space for titles and descriptions from around 55 characters to 70 characters. Descriptions have also increased and are now 100 characters per line, however, the

28 28 Attorney Journal Orange County | Volume 124, 2016

total characters count is around 150-160. What does this mean for your firm? You now have the added opportunity to catch a potential client’s attention with more intriguing titles and informative descriptions. This information provided by Rachel Harmon @r_charmon

Links & Photos Will No Longer Count Against Twitter’s 140 Character Limit, Reports Say Bloomberg reported that Twitter will soon stop counting photos and links as part of its 140 character limit, giving users more freedom for somewhat lengthier tweets. Newsweek ran an article with some additional information on the subject a couple of weeks later. These changes, according to the reports, are coming to Twitter users soon. Without needing to use up to 23 characters to include a link, what more will law firms be able to say to their Twitter followers? This information provided by Mike Zellmer @michaelzellmer

New SERP Feature Announced: Rich Cards

At their yearly developer conference, Google reps went into more detail about the latest feature to Search – Rich Cards.

Currently displayed only for recipe and movie search results, these cards are the latest addition to an ever-more-structured

(and visual) Google Search experience. This could mean a new opportunity for your firm to stand out. This information provided by Chase Billow @chasebillow

Savvy Attorneys Market Their Practices Online Attorneys continue shifting dollars away from traditional advertising (e.g., billboards, bus benches, television, etc.) and toward the Web. Consumers are looking more and more to the Internet for answers to their questions, including how, when, and which attorney to hire. This is especially true for civil litigation attorneys, such as personal injury, workers’ compensation and Social Security disability cases. This information provided by John Damron @consultwebs

Google AdWords Launches New Features for Mobile Ads and Maps Google has announced new tools and features to AdWords for mobile ads and maps. These include expanded description lines, responsive display ads to fit different devices and formats, more customized bidding options and pilot features for Google Maps which allow advertisers to introduce more information about their business. These latest offers from Google AdWords reinforce the need for your firm to understand the importance of mobile. “As consumers live their lives online and blur the lines between online and offline, it’s more important than ever to build business for mobile,” stated the Senior Vice President, Ads and Commerce.

This information provided by Tina Catedrilla @consultwebs

Google Search Hits 2 Trillion a Year Google won’t confirm the exact number of searches it handles per year but a starting number of around 2 trillion was reported.

That many searches breaks down to about 3.8 million searches a minute. It becomes more apparent every day how important it is for law firms to optimize their content, ensure they are mobilefriendly and stay up-to-date on how potential clients search for them. This information provided by Consultwebs Staff @consultwebs

Facebook Expands Ads to Reach Those Who Aren’t Facebook Users

more. Facebook recently announced that it is expanding its advertising reach to show ads to all people who visit websites and apps in its Audience Network, not just those who have Facebook accounts. Facebook was already factoring in users’ interests to serve them relevant ads, but this new move will put relevant ads in front of those without Facebook accounts, as well. Good news for law firms who are seeing a good return on Facebook marketing and want to reach a broader audience. This information provided by Corrie Benfield @copydesk

Sharp Decline in Facebook Engagement for Non-Video Content We are seeing a steep decline in content on Facebook that does not contain video. Even top publishers are seeing much less interaction.

Mark Zuckerberg himself has stated his focus is on promoting Facebook live and other video content. With Zuckerberg influencing the masses and shifting focus to video, it may be time to step up the videos and live content your law firm publishes. This information provided by Consultwebs Staff @consultwebs

Google’s Next Mobile-Friendly Update Will Include PageSpeed Gary Illyes (the new Matt Cutts) gives insights about where Google is headed when he speaks at various conferences around the world. On June 1, in Sydney, Australia, he mentioned that PageSpeed would be a factor in the next mobile update. Have you tested your firm’s website PageSpeed lately? Access Google’s PageSpeed Insights Tool and see where your firm stands. This information provided by Eric Reiss @consultwebs n Article provided by Consultwebs.com staff of talented online marketing professionals who skillfully manage all aspects of a law firm’s web campaign. Consultwebs.com takes a holistic approach to effectively grow audience, increase engagement, and maximize effectiveness to help our clients get more cases from the web.

If you’ve been worried that your Facebook ads aren’t reaching potential clients who don’t have Facebook accounts, worry no Attorney Journal Orange County | Volume 124, 2016 29

JOURNAL

FEATURED ATION SUPPORT FIRM LITIGO F THE MONTH

2016

Litigation Support Firm of the Month

Regal Court Reporting

W

hen it comes to raising the bar of excellence in service, there’s not much more compelling evidence that a legal vendor has not only raised the bar, but in fact set a new standard in service, than testimony from attorney-clients. Such is the case with Regal Court Reporting, which is headquartered in Santa Ana, and counts roughly 50 satellite offices throughout the state. Indeed, Regal Court Reporting’s loyal clients not only recognize the value in the reporting services provided, but are happy to share precisely why Regal is head and shoulders above the rest.

According to attorney Garret M. Fahy, attorney at Enterprise Counsel Group in Irvine, “Regal has been my firm’s exclusive court reporting vendor for the past two years, and during that time, the Regal team has met all of our needs and expectations for timely service, responsiveness to last-minute scheduling changes, special requests and overall professionalism of their staff and court reporters.”

Beyond that though, Fahy writes in the same letter to the City Attorney of Huntington Beach, “Regal’s service has been so good that we have convinced opposing counsel on a few contentious cases to use Regal for their own depositions. As you are likely aware, it is highly unusual for both sides of a disputed case to use the same reporting service, but that has been our experience, and it’s a direct result of the quality and professionalism Regal brings to its work.”

So what exactly is Regal’s secret to exceptional service?

According to co-founder Stephanie Leslie who formed Regal Court Reporting with Isaiah Leslie in 2007, “We give our employees and independent contractors the opportunity to be their own entrepreneurs so they can have the same kind of success we’ve had. We do this through the ‘Intrapreneurship’

30 Attorney Journal Orange County | Volume 124, 2016

by Karen Gorden

model of creating opportunities within our agency for our employees and court reporters to act like entrepreneurs and create new products and services.”

Isaiah and Stephanie decided to structure their company this way after Stephanie was introduced to the court reporting profession while she was still in college. “After several years working for court reporting agencies she realized there were opportunities to create a better agency model, one that could deliver services and technology on a large scale but still offer the customer service of a local family-owned business,” Isaiah explains.

Thus, as Regal Court Reporting closes in on a decade of serving California attorneys, their list of loyal clients continues to grow. “We don’t have a typical client per se, as we provide court reporting services to almost every type of law practice and litigation. Whether it’s workers comp, construction defect, complex civil/business, labor and employment, medical malpractice, personal injury, intellectual property, family law and even criminal matters our reporters, videographers and interpreters help solo practices, as well as large national plaintiff and defense firms,” says Stephanie.

Yet even with their ever growing base of clients, Isaiah and Stephanie insist upon remaining hands-on, all the while ensuring that their employees and contractors have their own opportunity to succeed. Stephanie explains, “We know our clients personally. We meet or speak with each of our client firms at least once a month. We do this to be proactive about communication and feedback. We also provide hosted networking events for our client firms every other month. We want to provide more than just a service; we want to help their revenues to grow.” n

“Rick is one of the best lawyers in the country. I call him every time I have any issue in Nevada and would not hesitate to refer him any type of case of any size. We recently settled a significant case in Nevada after two days of mediation. Rick was masterful in dealing with the retired judge mediator, the defense team, and our clients, and he maximized the recovery. Whenever I need anything in Nevada, the Richard Harris Law Firm is there for me.” ~ C. Michael Alder, Esq., Alder Law

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“I recently co-counseled a serious Las Vegas injury case with Rick Harris and his law firm. Rick’s advocacy and skills are extraordinary, and were instrumental in resolving and maximizing our client’s sizable recovery. The case was expertly worked up, litigated, and masterfully mediated. Everyone I worked with on Rick’s team was outstanding. For either a referral or a co-counsel arrangement, I wholeheartedly recommend Rick and the Richard Harris Law Firm for any Nevada case.” ~ Carl Wolf, Esq., Callaway & Wolf Northern California Super Lawyer 2010 San Francisco, California

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