Community News

n Brown & Charbonneau, LLP is pleased to announce that attorney Mark M. Higuchi has been named as the firm’s newest partner. A graduate of UCLA and Thomas Jefferson School of Law, Higuchi is a member of the Orange County Bar Association, Orange County Trial Lawyers Association, Japanese American Bar Association, Association of Business Trial Lawyers, and Los Angeles County Bar Association. He joined Brown & Charbonneau, LLP as an associate in 2014. Higuchi handles all forms of business and commercial transactional work such as commercial contracts, entity formation (corporations, limited liability co’s, limited partnerships), licensing agreements, partnership and shareholder agreements and employment contracts. Most recently, he served as cotrial counsel on two high-profile trial victories for Brown & Charbonneau, LLP including a $4,800,000 post-trial settlement on behalf of his clients, and a $2,930,000 jury verdict for clients in a fraud and breach of contract case. MARK M. HIGUCHI

n Cathy T. Moses joined Cox, Castle & Nicholson’s Litigation team as senior counsel in 2017. Her experience spans a wide range of business and real estate litigation matters, including business torts, contracts, partnership disputes, and employment litigation. She has achieved successful outcomes for the firm’s clients at all stages of litigation, including pre-litigation negotiations, dispositive motion practice, trial, and appeal.

Outside of the office, she serves on the board of directors of the Constitutional Rights Foundation Orange County. She graduated magna cum laude and Order of the Coif from the University of Michigan Law School, and earned her bachelor’s degree, cum laude, in history and literature from Harvard University. After graduating from law school, she served as a law clerk to The Honorable M. Margaret McKeown of the United States Ninth Circuit Court of Appeals. From 2011 to 2012, she served as a Trial Attorney with the United States Department of Justice, Civil Division, Commercial Litigation Branch, in Washington, D.C. CATHY T. MOSES

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n Judicate West, one of California’s leading providers of private dispute resolution services, welcomes recently retired U.S. District Judge Andrew J. Guilford to its roster of neutrals. Judge Guilford will be based in the Santa Ana office and is available for mediations, arbitrations and private judging assignments nationwide.

“Andy Guilford has built an incredible resume over the course of his career. He has done so much during his more than 45 years in the legal arena, especially in the Orange County community, that if there were an Orange County legal hall of fame, he’d be a first ballot certainty. He has been a leader and a difference maker in all he does, and to say we are excited to have him on the Judicate West team would be an understatement,” said Alan Brutman, President of Judicate West.

With nearly 14 years on the bench, which followed more than 31 years as a trial lawyer, Judge Guilford has overseen numerous jury and bench trials involving many areas such as intellectual property, securities, unfair competition, finance and professional liability. As a judge, he has been very involved with many class actions and multidistrict litigation matters. Following U.S. Senate confirmation, Judge Guilford was appointed to the U.S. District Court for the Central District of California in 2006 where he served by designation with the Federal Circuit Court of Appeals and Ninth Circuit Court of Appeals. He also served as a Patent Pilot Program Judge and on the Multidistrict Litigation Panel. Additionally, Judge Guilford served on the Ninth Circuit Jury Instructions Committee. Before his appointment, he served as an arbitrator and Judge Pro Tempore for the Orange County Superior Court. ANDREW J. GUILFORD

n Marjorie J. Burchett, a partner with Crosbie Gliner Schiffman Southard & Swanson LLP (CGS3) who specializes in residential, commercial, mixed-use and master planned real estate developments, was recently installed as a member of Lambda Alpha International (LAI) during its annual Crystal Globe Gala on Saturday, February 1, at the Westgate Hotel in San Diego. Burchett joins fellow CGS3 partner Bob Bell in the distinguished honor society.

Membership to LAI is selective and honorary and via nomination only by a current member. To be considered, a nominee must have 10 years of experience in his/her field, have made an outstanding contribution to land economics and demonstrate a commitment to public service and professional ethics.

"I am honored to join this very selective and special group of professionals,” said Burchett. “I am deeply passionate about improving the lives of others and will do my best to exemplify the meaningful standards LAI demands of its members.” MARJORIE J. BURCHETT

n Fish & Richardson, a global market leader in intellectual property litigation, continues growing its range of industry knowledge with the addition of Jeff Burton and Tim Rawson in the firm’s San Diego-based, Southern California office.

Burton, a former Navy Explosive Ordnance Disposal (EOD) Officer who completed two overseas deployments, focuses his patent litigation practice on electrical and computer technologies, telecommunications, medical devices and nanotechnology. During law school, he served as a law clerk for both the U.S. Senate Homeland Security Permanent Subcommittee on Investigations and the U.S. House of Representatives Permanent Select Committee on Intelligence. Today, Burton maintains an active Top Secret/ Sensitive Compartmented Information security clearance. Rawson’s practice involves all aspects of IP litigation and advising, with an emphasis on patent litigation. He works predominately with clients in the telecommunications, gaming, automotive, food and beverage, consumer products and semiconductor industries. He has also represented lowincome startups and nonprofits on a pro bono basis regarding intellectual property matters.

Before joining Fish, Rawson practiced IP law in the Los Angeles office of a large international law firm for three years and served as a Judicial Law Clerk for the Honorable Jimmie V. Reyna of the U.S. Court of Appeals for the Federal Circuit as well as the Honorable K. Nicole Mitchell of the U.S. District Court for the Eastern District of Texas. A Licensed Professional Engineer in Texas, he has extensive mechanical engineering experience in missile control and aircraft system design. JEFF BURTON TIM RAWSON

n The California Appellate Law Group, a 16-attorney appellate specialty boutique with offices in San Francisco and Los Angeles, is proud to announce that it is expanding to San Diego with the addition of Johanna Schiavoni.

Johanna has nearly two decades of experience handling state and federal appeals, and she is a certified appellate specialist by the State Bar of California. She is also the 2020 President of the San Diego County Bar Association, which serves 10,000 members in and around California’s second-largest city. Johanna is a former law clerk to Judge M. Margaret McKeown of the U.S. Court of Appeals for the Ninth Circuit. JOHANNA SCHIAVONI

n The San Diego-based law firm of Seltzer Caplan McMahon Vitek announces that David Gouzoules has joined the firm’s Litigation Department as an associate. Gouzoules has more than six years of experience representing individuals and corporate clients in all manner of disputes, including commercial litigation, government investigations and shareholder causes of action. He has represented clients in securities fraud litigation, derivative lawsuits alleging breach of fiduciary duty, breach of contract matters, SEC and DOJ investigations, property disputes and probate litigation. Prior to joining SCMV, Gouzoules worked at a large, international law firm. Gouzoules is an active member of both the Association of Business Trial Lawyers and the San Diego County Bar Association. He received his J.D. from the University of Virginia School of Law in 2013 and his B.A. in Political Science and History, with highest distinction, from the University of North Carolina – Chapel Hill in 2010. Gouzoules is admitted to practice law in California and Georgia. DAVID GOUZOULES

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“You can’t check your principles at the door when you arrive at the workplace. And you can’t quit on a case, a client or yourself just because the going gets tough. You must have the drive to do the right thing and the willingness to stick with it regardless of the challenges,” says Clark H. Fielding, Founding Principal of Fielding Law, APC. His firm’s motto reflects that attitude: Integrity and Tenacity.

Fielding began applying those principles to the practice of law in 2007 and has specialized in plaintiff personal injury since 2010. He founded Fielding Law, APC in March of 2019. Today his firm practices in the area of personal injury and maintains offices in Irvine, California and Tempe, Arizona.

Clients confirm his determined commitment to the highest ethical standards. For example, “Clark and his team were excellent. They constantly fought hard to combat the ridiculous liens the medical facilities filed against my case. Always on their game, they left no stone unturned. Additionally, they kept me informed at every step along the way, never hiding their intention. Their integrity and transparency are unmatched.”

Calling the contingency fee arrangement “the great equalizer,” Fielding says that structure allows a homeless person to get the same access and caliber of attorney as a multimillionaire. Fielding has represented thousands of wronged and injured clients throughout multiple states, successfully and strategically handling complex and catastrophic and fatal injury cases, which include tragic cases of wrongful death, quadriplegia and traumatic brain injuries. Many of these cases involve individual people and families unable to afford legal counsel.

Empathy Is No Snow Job Much of the empathy and compassion Fielding expresses comes from personal struggles, such as a November 2011 accident in which he blew out both knees snowboarding in

16 Attorney Journals Orange County | Volume 169, 2020 Park City, Utah. He suffered excruciating pain and required emergency surgery. A few days later he experienced terrifying complications in the middle of the night that required an EMS team of firefighters and a life-or-death rush to the emergency room.

Fielding was in a wheelchair and, in his words, “an absolute mess” when he returned home to California, and struggling to hang on to his job. He says his “ride or die” wife Moranda would load him into his wheelchair, strap their one-year-old baby to her back, and wheel him up to his office and desk.

The road to recovery was long, grueling, uncertain and required several reconstructive surgeries and countless painful and exhausting physical therapy sessions. “That hellacious and darkest period of my life blessed me with empathy for my clients and their devastating injuries and excruciating pain, and their fear of future surgeries, of losing employment and of their life falling apart. It also taught me the power of faith, hope and perseverance,” he says.

Character Counts An example of how integrity and tenacity are necessary elements of success is found in one of Fielding’s recent legal victories for a motorcycle accident victim in Phoenix, Arizona. A motorist failed to yield and made a negligent left turn causing damages requiring multiple ankle surgeries for his client. The case was disputed from the start with Fielding first facing in-house counsel and then three separate defense firms in conservative Maricopa County. In December 2019, the case was settled at mediation for a confidential, excess policy limits, seven-figure amount.

Not all cases are so dramatic, but they do reflect positive client response to Fielding’s approach. A client wrote, “Right away I was impressed with Clark’s integrity and high-level, high-touch customer service. My vehicle will be repaired, and I will not be without use of a vehicle while repairs are being

A T T O R N E Y O F T H E M O N T H 2020 2020

The Fielding Law Team

made. I couldn’t be more impressed with Clark’s legal knowledge, counsel, and most of all his CHARACTER.”

Noting that hospitals and primary care physicians often “drop the ball” with traumatic injuries, the firm is a strong advocate for the proper diagnosis and treatment of their clients. Fielding says, “I enjoy the intersection of law and medicine and interacting with doctors. I also love the numbers aspect (he previously worked as a forensic accountant for an expert witness firm) and evaluating damages and negotiating. And our clients enjoy the benefits of that combination of interests and skills.” Controlling His Destiny Fielding grew up wrestling in school and is a practitioner of Brazilian Jiu-Jitsu, disciplines that require extraordinary physical, mental and emotional control. He says that it is impossible to read about the Jiu-Jitsu technique, the moves, or even see the technique demonstrated in-person, and then be able to proficiently execute the technique. Mastering the skill requires drilling countless times on the mats and then incorporating the technique into live training or grappling. “There is a saying that ‘Black Belts are simply White Belts who didn’t quit.’ It’s the same in the law. We train. We learn. We keep on learning and we excel.” The ability to fully control who works for his firm (and who doesn’t) and the professional level of service provided to his clients were key motivators in his decision to form his own firm. “In my practice area as a plaintiff personal injury attorney and consumer advocate, opening my own shop seemed to be the natural progression.”

18 Attorney Journals Orange County | Volume 169, 2020 Fielding is also a long-time practitioner of Bikram Yoga, which in many ways reflects the flexible nature of his management style. Fielding manages a horizontal business structure. “I’m actively in the trenches shoulder-to-shoulder with my people. My management style is the servant-leader. It’s not me sitting on top of some vertical organizational structure where I’m a stern taskmaster barking orders or at the other extreme, the absentee boss. I am involved in all of the cases in my firm.” Getting the Right Team “On the Bus” Finding, hiring, training and maintaining the top professionals is an ongoing goal. Fielding Law offices are staffed with selfstarters—people who can think outside the box, who are creative and ambitious. Fielding uses the “on the bus” concept of how he manages the growth of the firm. As Jim Collins in Good to Great teaches, igniting the transformation of getting from here to there is not to focus on the destination, but to first get the right people “on the bus” (and keep the wrong people off) and then move toward the destination.

Fielding believes that the right people don’t need to be tightly managed or overly motivated. They will be self-motivated by the inner drive to produce the best results and to be part of creating something great. His earlier experiences in what he calls the “military taskmaster” and “pressure cooker” and “do as I say, not as I do” business environments are counter-productive.

As an attorney / manager, Fielding sees to it that his team gets the broadest experience possible. He does not want his people to limit their experience to a single task. They are continually

c hallenged to use more of and develop their individual, natural aptitudes and talents. “We take care of our team members and work hard to create and foster a positive and vibrant and collaborative working environment and develop (educate and train) them and challenge them so they are fulfilled and happy. The goal is for them to become the best version of themselves and to be patient and empathetic when interacting with our clients, healthcare providers, insurance companies, and defense attorneys and the courts,” he says. Out-of-the-box thinking led Fielding to create a Quarterly Book Club for members of his team and friends of the firm. He has also established a Spanish Department specifically f or m embers o f t he H ispanic community who do not speak English. “If we can’ttake care of ourown team members, how can we and they be expected to take care of our clients? One of the reasons our offices are such a positive environment is because I find top professionals, give them the support and tools andresources, and then pretty much get out of their way. I am proud of the veteran team that I have assembled, they are the best in the business,” Fielding says. W orks Well With Others Approximately 25 percent of the firm’s c ases a re r eferrals f rom o ther attorneys. “I believe wholeheartedly in collaboration and enjoy working with other attorneys and law firms. I am humble enough to realize when I need to associate with more knowledgeable and experienced counsel.” Fielding says he plans to pay out an impressive amount in referral fees over the next five years. “I believe the best referrals come from satisfied clients,” he says. One of those clients agrees wholeheartedly. “Clark from the start took a human approach to my case. A drunk driver hit me on the freeway. The m oment my f amily called h im, h is t eam t ook m atters i nto t heir own hands. His team was always calling and answering my family’s questions since I was in the hospital for weeks. Once I was out, they had all the patience to hear me out. My case took about two years to close. Nevertheless, they always gave me understanding. It was for my best interest. It surely was. During this time period my very close friend also had an accident thatcaused him to have a personal injury. I made sure to get him connected to this powerful lawyer, Mr. Clark Fielding.” Work Hard, Serve Hard, Play Hard Fielding believes in the motto: work hard, serve hard, play hard and applies that to his life. When Fielding has time to read for pleasure, he reads biographies. Recently a family legend was corroborated after doing some research. Moranda is the firm’s Creative Director and Director of Client Relations, and she has a fascinating connection to history and the law. Her maiden name is Goings and she is a direct descendent of Melissa Goings, who killed her abusive husband in self-defense and was accused of murder. An attorney by the name of Abraham Lincoln helped Goings escape from the courthouse so that she could move on and live a happy and productive life. Lincoln later said, “I did not run her off. She wanted to know where she could get a good drink of water, and I told her there was mighty good water inTennessee.” The extraordinary situation is even mentioned in Spielberg’s film Lincoln. “Moranda and I have two beautiful daughters, Violet Bryn (9) and Dahlia “Dolly” Blair (6) and a handsome son, Rio Zephyr (1). Violet and

Sensei Paulo Guillobel and Clark and his daughters Violet and Dahlia “Dolly”, at Guillobel Brazilian Jiu-Jitsu San Clemente Academy, San Clemente, CA, January 25, 2020

© Natalie Fielding Gerstner Photography / www.nataliegerstner.com

Da hliaare fellow Jiu-Jitsu practitioners,” Fielding says. He is a certified s cuba d iver w ho a lso e njoys snorkeling. Other passions include snowboarding, traveling, and reading biographies. Fielding is active in his community. He is a former Treasurer and Member of the Executive Committee of San Clemente Little League; managed teams for San Clemente Little League for the past four years and is an assistant coach for this spring season. He managed both daughters’ San Clemente Little League baseball teams. He serves as his Church congregation’s Clerk as a member of the Bishopric, responsible for, among other things, finances, t he b udget, p rocessing donations, welfare payments for rent, utilities, food for individuals in need, the records, material orders, reports and statistics. He served a two-year Church Mission to Rio de Janeiro and Min as Gerais, Brazil. He speaks Portuguese and has a television satellite to pick-up one Brazilian TV station to keep up with the language. Eulogy Virtues Fielding is representing the widow of Police Officer Nathan Martin who was tragically killed on his motorcycle. While at the funeral service in February to honor Martin’s legacy and exceptional family life and life of public service, Fielding reflected on his own life choices and career and the forces that keep him motivated. Referencing a thought from The Road t o Character by David Brooks, Fielding said, “I’ve been thinking deeply about the difference b etween w hat people write in their resumes compared to what others say about them in their eulogies. Those virtues on the resume reflect marketable skills that enhance the applicant’s viability and likelihood of success in business. The things people say in eulogies reflect the core of that person’s being—his or her ethics, honesty, bravery trustworthiness, quality of relationships formed, and such. Ultimately, it is the eulogy virtues that have the truest meaning for me.”

Fielding Law, APC Orange County, California office: The Boardwalk, 18575 Jamboree Road, Suite 600 Irvine, CA 92612 Maricopa County, Arizona office: The Watermark, 410 North Scottsdale Road, Floor 10 Tempe, AZ 85281 fieldinglawfirm.com Instagram @fieldinglawfirm

EXPERIENCE

© christopher TODD studios

» EDUCATION • Brigham Young University – Marriott School of Business, Bachelor of Science in Management with a Finance Emphasis • Brigham Young University – Hawaii • Congressional Intern for the U.S. House of Representatives for Congressman Jeff Flake of Arizona (former U.S. Senator) in Washington, D.C. • Vanderbilt University Law School in Venice, Italy – International and Comparative Law • Arizona State University – Sandra Day O’Connor College of Law, Juris Doctor | Pedrick Scholar | Pro Bono Distinction • Judicial Extern, Maricopa County Superior Court – The Honorable Timothy J. Ryan • Judicial Extern, United States District Court – The Honorable James A. Teilborg » AWARDS AND RECOGNITION • Super Lawyers Southern California Rising Star (2018, 2019, 2020) • 10 Best Attorneys – Exceptional and Outstanding Client Service – California, American Institute of Personal Injury Attorneys (2019, 2020) • Elite Lawyer (2020) • Civil Plaintiff – Top 40 Under 40, The National Trial Lawyers (2015 – 2020) • Avvo 10.0 rating since 2015 • Avvo Clients’ Choice Award (2015, 2016, 2017, 2018, 2019) • Certificate of Recognition with Thanks, City of Irvine, California (2019) • 10 Best Law Firms – Exceptional and Outstanding Client Service – California, American Institute of Personal Injury Attorneys (2019, 2020) » LICENSES • The State Bar of California • The State Bar of Arizona » ASSOCIATIONS • Founding 50 of Justice HQ, Inc., Member • The Million Dollar Advocates Forum, Member • The National Association of Distinguished Counsel, Fellow • The National Trial Lawyers, Member • American Association for Justice, Member • Consumer Attorneys of California, Member • Consumer Attorneys of Los Angeles, Member • Orange County Bar Association, Member • Orange County Trial Lawyers Association, Member • Boy Scouts of America, Eagle Scout rank » SERVICE • Two-year Church Mission to Rio de Janeiro and Minas Gerais, Brazil • Former Treasurer – Member of Executive Committee – Board Member and Team Manager of San Clemente Little League » OTHER LANGUAGES • Speaks Portuguese

REAL ESTATE, BUSINESS, TRUST & ESTATE PLANNING ATTORNEYS Orange County’s Premier

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I just stole something for you … As you know, my job gives me behind-the-scenes insight into how some of the world’s greatest marketers handle “selling” problems in different ways. It’s a great education that never quits.

And recently I saw a tremendous client reactivation idea ... tremendous because it works like magic and is rarely used in marketing efforts.

Credit goes to Ferd Nauheim. I recently bought his book, Salesman’s Complete Model Letter Handbook, in which he shares many overlooked opportunities for communicating with clients and prospects. The book is especially helpful for those times when you want to contact someone but can’t figure out what to say without sounding like a pushy salesman.

Anyway, I stole one of Nauheim’s letters and reworked it for you. Don’t worry, though, I’m certain he doesn’t mind. If fact, he states at the beginning of his book, “In many cases, salesmen and sales managers will be able to use letters in this book with little or no change. But even where a complete change is required to fit a particular set of circumstances, the model letters point the way.”

In one section, Nauheim shares letters of appreciation to customers. The one I revised for you is designed to reactivate lost clients or those who haven’t bought from you in a long time.

Use the following letter (right) as a model. Simply copy the text to your letterhead, make adjustments to fit your law firm, and then mail—with a stamp on a handaddressed envelope—the letters to your lost clients. (Watch your mailbox. You may even see one of these letters from me.)

Sure, this letter isn’t perfect. You could do things differently. And you may even think the text won’t work for you.

But that’s not the point. The fact to remember is you likely have a list of lost clients that hold hidden profit opportunities. Contact these people now.

Please feel free to share this message with the people in your network. n

An Overlooked List That Holds Hidden Profit Opportunities

by Tom Trush

Dear (enter client’s first name),

It’s been some time since I expressed my heartfelt thanks. While looking at my calendar earlier this week, I thought about the thank-you notes I should send to two new clients. Then it suddenly occurred to me that, while saying thanks to folks who just bought from me may be good business, I never took the time to express my sincere appreciation to you for your loyalty over the years.

I’m concerned that something I did caused you to stay away for so long. If so, please contact me at (enter phone number) or (enter email address) so I can correct the problem. Then again, maybe life’s events just got in the way. Whatever the case, I suppose I’m no more guilty than most people. We are so concerned with day-to-day business needs that we seldom take time out to show the great gratitude we feel for our most important business friends ... those who keep coming back and who thoughtfully send others to us. I appreciate your continuing support. Gratefully, (enter your name/signature)

P.S. (Use this space to share an appealing offer and/or provide a strong reason to respond).

Tom Trush is a Phoenix, Ariz.-based direct-response copywriter who helps entrepreneurs and executives craft lead-generating marketing materials. Pick up his latest book, Escape the Expected: The Secret Psychology of Selling to Today’s Skeptical Consumers, for free (just cover shipping) at www.writewaysolutions.com/blog/free-book-offer/.

Turn Negatives into Positives Using the Contrast Principle

by Trey Ryder

No lawyer has all positive qualities. When prospects think about hiring your services, they see both strengths and weaknesses.

Positive qualities that distinguish you from other lawyers are your competitive advantages. Negative qualities are your competitive disadvantages.

Naturally, you hope prospects conclude that your positives outweigh your negatives. And to help make your case, you try to neutralize negatives, so prospects think they are not important. Still, you can’t be sure what impact those negatives will have on your overall presentation. Here is your marketing challenge: How do you take negative aspects of your services and change them into positives so the negatives don’t cause your prospect to hire another lawyer? In his book, Influence (Morrow, 1984), psychology professor Robert Cialdini discusses principles that persuade people at the subconscious level. One of these, the contrast principle, allows you to change how prospects perceive facts. The contrast principle says: You can change how a person perceives something by changing the event that precedes it.

Since prospects’ perceptions are their reality, when you change their perception, you change what they believe is true. Here is how the contrast principle works. (Yes, you can try this at home): Prepare three buckets of water. One with cold water. One with hot water. And one with water at room temperature. Place one hand in the cold water and your other hand in the hot water. Then at the same time, place both hands into the room temperature water.

24 Attorney Journals Orange County | Volume 169, 2020 Your surprise illustrates the contrast principle. The hand that was first in cold water now feels like it is in hot water. And the hand that was in hot water now feels like it is in cold water. Yet, you can plainly see both hands are in the same water.

How each hand perceives the room-temperature water depends on the event that preceded it, namely whether your hand was first placed into water that was cold or hot. Another example: A man goes into a fashionable clothing store and tells the clerk he wants to buy a three-piece suit and a sweater. If you were the clerk, which would you show him first?

The contrast principle says always sell the more costly item first. Because after the man buys the suit, the cost of a sweater —even an expensive sweater—will seem small by comparison. If the clerk first showed the man a $500 sweater, the man might hesitate because that sounds expensive for a sweater. But if the man had just purchased a $2000 custom-tailored suit, $500 for a sweater does not seem out of line.

How the man perceives the price of the sweater changes depending on whether it is the first item he considers, or whether he first buys the expensive suit. Now, to your law practice: Identify something you believe prospects perceive negatively about you or your services. To make it easy, let’s use your fee. If you want your prospect to perceive your fee as fair and reasonable, before you state your fee, quote something much higher. Then when your prospect hears your fee, he will perceive it as lower than he would have had you not quoted the higher number.

EXAMPLE #1: Wrong: “Mr. Jones, I can prepare your estate plan for $12,000.” Mr. Jones, in shock, thinks, “$12,000! That’s more than I paid for my first house!” (This is an old example, when estate taxes were a bigger problem than they are today.) Right: “Mr. Jones, this estate plan will save your family over $200,000 in federal estate taxes. I can prepare this estate plan for you and your family for just $12,000.” Now Mr. Jones thinks, “Not much at all compared with the amount of taxes my family will save. What a bargain!”

EXAMPLE #2: Wrong: “Ms. Smith, I can represent you in your injury claim and my fee will be one third of the recovery.” Ms. Smith thinks, “This lawyer gets one third of my money!” Right: “Ms. Smith, to handle an injury claim like yours, some lawyers charge as much as 40 percent of the recovery, and even 50 percent if the case goes to trial. But, Ms. Smith, I’ll be pleased to represent you—and aggressively protect your interests—for just one third of the amount we collect.” Ms. Smith thinks, “This lawyer is much more generous than those other greedy lawyers.” The contrast principle holds true for any information you need to disclose, whether it is your fee, turnaround time for projects, even the number of years your client might spend in prison.

“Mr. Criminal, most people who commit armed robbery get 10 to 15 years in state prison. The district attorney has offered us a plea bargain that will make you eligible for parole in just five years. I recommend that you accept this plea bargain.” Five years sounds short after you quote 10 to 15 years. But five years would have sounded like a long time if you had not quoted the other numbers first.

“Ms. Client, under normal circumstances I would need three to four weeks to complete this project. But I understand this matter is a priority for you, so I promise to complete it and have it on your desk within ten days.” By itself, ten days might seem like a long time, but not when first compared with three to four weeks.

When you reach the point in your discussion where you must disclose a fact that might be perceived as negative, describe something more extreme in the preceding sentence. Then your prospect will perceive the information you disclose as more reasonable. In fact, you might turn a competitive disadvantage into an advantage based simply on how you present it. n

Trey Ryder shares his marketing method with lawyers through a wide range of publications. In addition, he writes and publishes his free e-zine, The Ryder Method™ of Education-Based Marketing. And he maintains the Lawyer Marketing Advisor at www.treyryder.com. He can be reached at: trey@treyryder.com