Attorney Journal, Orange County, Volume 115

ORANGE COUNTY

Volume 115, 2015 • $6.95

Dos and Don’ts of Representing Your Brand

Ashleigh Walker

McIntyre’s Civil Alert Organized Succinct Summaries

Monty A. McIntyre

Quick Tips for Finding the Right Blog Topics for Your Law Firm

Guy Loranger

Making Video Work for Your Firm

Rob Fulton

How to Make Alternative Fee Arrangements Work for Your Law Firm

Stephen Fairley Stop Treating Your Website Leads Like They’re Referrals

Law Firm of the Month Gerald Klein and Mark Wilson of

Klein & Wilson, Newport Beach A Time for Growth

Tanner Jones

Specialization matters.

Having represented more law firms over the last 25 years than any other broker in the region, no one understands their real estate needs better than I do.

— JASON HUGHES President & CEO, Hughes Marino

ORANGE COUNTY CORPORATE REAL ESTATE ADVISORS

At Hughes Marino we only represent tenants and buyers – never landlords – so we never have a conflict of interest.

Our only fiduciary duty is to our client, the tenant, and we are wholly committed to protecting their interests. If you are not happy with your service or results, then we will give you our commission. Guaranteed.

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ORANGE COUNTY LOS ANGELES SAN DIEGO SAN FRANCISCO SILICON VALLEY

2015 EDITION—NO.115

TABLE OF CONTENTS 6 How to Make Alternative Fee Arrangements Work for Your Law Firm

6

by Stephen Fairley

8 Making Video Work for Your Firm

by Rob Fulton

12 COMMUNITYnews

EXECUTIVE PUBLISHER Brian Topor EDITOR Wendy Price

16

LAW FIRM OF THE MONTH

16 Gerald Klein & Mark Wilson A Time for Growth

by Karen Gorden

CREATIVE SERVICES Skidmutro Creative Partners

22 McIntyre’s Civil Alert: Organized Succinct Summaries

CIRCULATION Angela Watson PHOTOGRAPHY Chris Griffiths

Monty McIntyre

STAFF WRITERS Jennifer Hadley Bridget Brookman Karen Gorden CONTRIBUTING EDITORIALISTS Stephen Fairley Rob Fulton Jennifer Hadley Tanner Jones Guy Loranger Monty McIntrye Ashleigh Walker WEBMASTER Mariusz Opalka ADVERTISING INQUIRIES info@AttorneyJournal.us SUBMIT AN ARTICLE Editorial@AttorneyJournal.us

26 Dos and Don’ts of Representing Your Brand

by Ashleigh Walker

28 Quick Tips for Finding the Right Blog Topics for Your Law Firm

22

by Guy Loranger

30 Stop Treating Your Website Leads Like They’re Referrals

by Tanner Jones

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L

aw firms are under increasing pressure from clients to reduce costs and justify expenditures, and alternative fee arrangements (AFAs) are rising to the challenge. While AFAs aren’t exactly a new concept to the legal industry (estate planning and criminal defense attorneys have been offering them for years), they are now becoming more prevalent in other practice areas, such as family law, corporate law and business litigation work.

How to Make Alternative Fee Arrangements Work for Your Law Firm

by Stephen Fairley Two-time international bestselling author Stephen Fairley is CEO of The Rainmaker Institute, LLC, the nation’s largest law firm marketing company specializing in marketing and lead conversion for small to medium law firms. Over 10,000 attorneys nationwide have benefited from learning and implementing the proven Rainmaker Marketing System. Over the last 12 years, he has become a nationally recognized legal marketing expert and been named, “America’s Top Marketing Coach.” He has spoken numerous times for over 35 of the nation’s largest state and local bar associations and has a large virtual footprint with his highly successful Rainmaker legal marketing blog and has over 150,000 followers on Facebook, Twitter and LinkedIn. For more information, please visit www.TheRainmakerInstitute. com or call 888.588.5891.

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Attorney Journal Orange County | Volume 115, 2015

It’s a major shift for a profession that has historically been married to the billable hour. If we go all the way back to 1958, it was the American Bar Association’s Special Committee on Economics of Law Practice (who probably adopted the idea from somewhere else) that first recommended the billable hour approach. Since, it has been widely adopted and deeply entrenched in the legal industry.

But the global financial crisis brought with it significant changes for everyone, including law firms, which have responded in a resounding way. In fact, according to Altman Weil’s 2014 Chief Legal Officer Survey, nearly 60 percent of corporate counsel have put AFAs in place in an attempt to control their legal department costs.

Last year, AmLaw 100 labor and employment firm Jackson Lewis made headlines when it announced that it would be eliminating the billable hour for its associates in 2015. Firm chairman Vincent Cino told American Lawyer, “The billable hour is directly opposed to the best interest of the client and to the provider of service because by its very nature it adds an artificial barrier to the accomplishment of the only real objective, which is a quality legal product for a set and expected price.”

COMMON OPTIONS FOR AFAS Budget-conscious clients now have an endless array of options—fixed fee, phased fee, collared fee, value fee, holdback, contingent fee, blended rate—for just about any legal service.

The majority of firms I work with are small to mid-sized firms. Many have been early adopters of AFAs because consumers today know what they can afford and will not tolerate an open spigot. Today’s legal services market, with all its options, demands transparency in pricing and this is one genie that is not going back in the bottle.

In fact, some of these early adopters have turned AFAs into a competitive advantage, hinging their legal marketing efforts on their fee flexibility. Here are six common options for AFAs: Flat /fixed fees. One of the most common AFAs is the fixed or flat fee arrangement, even though it is probably one of the

most difficult for firms to get right. To be successful with fixed fee billing, firms need to conduct research into their case files going back at least a year or two in order to arrive at pricing that will protect profitability. North Carolina divorce attorney Lee Rosen is a strong believer in fixed fees and provides good advice for making the switch at his Divorce Discourse blog (DivorceDiscourse.com). He transitioned his firm to fixed fee billing a few years ago, when the idea was truly a radical one (it still is in family law), and his revenues and profitability soared… after overcoming some major internal obstacles. Fixed fees can be staged according to specific phases of a case using a limited scope agreement or encompass an entire legal matter. This type of AFA works best when the case has a clearly defined beginning, middle and end.

Contingent fees. Prevalent in personal injury law, the firm’s fee is contingent on the results obtained for the client. It’s attractive to clients because it is shared risk and reward. However, since predicting successful outcomes in other fields tends to be problematic, it is not used much in other areas of practice.

Morgan & Morgan, who markets themselves as “the largest contingency-fee law firm in the country,” offers full-service business litigation on a contingency basis. According to their website, this includes all forms of commercial litigation, real estate litigation, construction, employment law, IP litigation and many others. Certainly, this will put pressure on competitors.

Reverse contingent fees. A reverse contingent fee ties firm compensation to the avoidance of liability exposure. It can be effective for experienced attorneys who can accurately gauge case value and potential damage awards in their jurisdiction.

Percentage fees. A percentage fee is based on the transaction amount, and can be graduated or constant, depending on the case type. The percentage fee is commonly used for estate administration or probate, and is generally capped by the court.

Capped or collar fees. This common alternative to the billable hour involves a client paying a set hourly rate with a capped amount. The client and the firm then agree on a percentage to be reimbursed if the firm exceeds or falls below the capped amount.

Blended rate. A blended rate is a blend of the hourly rates for associates and partners working on a case and typically works best for cases that are complex and time-consuming. However, since it is still technically a billable hour—albeit at a more predictable rate—it does not help clients achieve predictability in legal expenses.

In the end, the successful implementation of AFAs depends on mutual trust between a firm and its clients. Whether that trust emanates from a long-standing relationship or is forged in a good-faith negotiation of an alternative fee arrangement, it is foundational to AFA success.

Of course, one of the often overlooked benefits of AFAs is the creation of trust and goodwill—the client understands that the firm is incentivized by results instead of spending more hours and the firm understands it will be fairly compensated for achieving those results. It’s a win-win for both sides, and can be a key component in client retention and referrals.

KNOW YOUR NUMBERS BEFORE YOU SET YOUR PRICE Key Performance Indicators—KPIs—are quantifiable measurements that help you gauge the progress you are making toward realizing the critical success factors for your law firm to flourish. Some examples of typical KPIs for law firms include: • The amount of money you need every month to make payroll and keep your doors open.

• The number of new clients you need to bring in every month to be profitable.

• Your average profit margin per client.

• The types of cases that produce the highest profit margin.

• The percentage of people who visit your website and end up calling your office.

• The percentage of prospects that call your office and then come in for a free consultation.

• The percentage of prospects that come in for a free consultation and become clients.

To be useful to you, your KPIs must reflect the goals of your organization and they must be measurable. Done correctly, KPIs will help you determine what you need to charge to achieve and maintain profitability. Your KPIs provide the critical data you need to drive good decision-making.

To learn more about the metrics your law firm needs to track and measure, as well as how to set up a system to identify these numbers, I invite you to watch my free training webinar, “Key Performance Indicators: Know the Numbers That Run Your Law Firm.” You can access it at: www.mylawfirmmarketing. com/knowing-the-numbers-sm/.

HAVING THE PRICING CONVERSATION WITH CLIENTS Rosen says—and I agree—that talking to clients about money should be like breathing. It’s something you need to do all the time. Most attorneys shy away from the money conversation because they think it is a poor reflection on their reputation if clients don’t automatically get the value they are providing and are willing to pay for it.

That is nonsense. Most clients are not experienced in legal matters and are unsure how to value your services. You must educate them. You need to become comfortable with having pricing discussions at the initial consultation as well as other areas as necessary. You want them to feel informed about what they are spending. Transparency here is the goal. This helps eliminate surprises on both sides and gives your clients better insight into the value they are truly receiving for your services.

Don’t save the money talk for after your bill goes unpaid!

By then, it is almost too late to establish value in the client’s mind. Instead, make it your practice to understand each client’s needs and tailor a pricing strategy to meet those needs. Done right, a tailored pricing strategy can become a competitive advantage for your firm and differentiate your brand in the legal services marketplace. n Attorney Journal Orange County | Volume 115, 2015

7

MAKING VIDEO WORK FOR YOUR FIRM

by Rob Fulton

by Rob Fulton

H

ow much do you stand to lose if you fail to communicate your message properly?

Attorneys are constantly sending different messages to different audiences. It may be sending a message to a potential client that your firm is the right fit for them.

At mediation, it’s important to explain to the carrier the true case valuation. Attorneys send their jury a much more complex message. It’s important that others are able to comprehend and engage with the message your firm is trying to communicate.

There are a variety of tools for a variety of purposes.

While video is a great tool for some needs, it’s not going to be the only tool. The purpose of video is to create an emotional tie between the viewer and the material. There are three common areas where video can really make your law firm stand out.

1. Web Videos for Marketing 2. Settlement Documentaries/Day-In-The-Life at Mediation/Trial 3. Deposition Testimony

8 Attorney Journal Orange County | Volume 115, 2015

WEB VIDEOS The utility of a web video in 2015 is no secret. When prospective clients are researching law firms, they don’t want to read 100 company descriptions. It’s much easier for the potential client to digest information contained in a video.

There are three main video types when producing video for a website and social media platforms.

• Head and Shoulders/Talking Head—This is the simplest and cheapest option, involving a simple shot of someone talking to the camera.

• Traditional Firm Overview—This is a standard web video which introduces people involved in the firm and why the firm is different from others.

• Conceptual Firm Overview—If you want a more creative video, this is one to consider trying. Usually the attorney has an idea for a video which will distinguish them from videos by other firms.

To see an example of each option at work, visit: www.AJSample1.com.

SETTLEMENT DOCUMENTARIES/DAY–IN– THE–LIFE VIDEOS The damages in a case are economic and non-economic.

Economic damages are easy to determine. Save medical receipts and lost wages, then add them up. Non-economic damages are a bit trickier. How does one prove noneconomic damages? The key thing to think about while trying to demonstrate non-economic damages is contrast.

It is vitally important to emphasize the difference between your client’s life prior to the event, and your client’s life now. In our experience, there are two ways to easily show this contrast: • Settlement Documentary • Day-In-The-Life A Settlement Documentary is an all-inclusive presentation, which presents liability and/or damages to an adjuster or claims committee at or prior to mediation, for the purpose of resolving a claim. It is a visual microcosm of the case, as it would be presented at trial. The elements therein will generally be court admissible – with the exception of the witness statements, reflecting the testimony that will be given at trial. The witness statements are not conducted with the intent of being shown to a jury, and therefore are generally not discoverable.

A Day-In-The-Life video is a court-admissible collection of video clips, usually admitted into evidence during the testimony of a spouse or caregiver. It is intended to illustrate the struggles of the plaintiff in everyday life. The presentation typically does not include any pre-recorded commentary. It is narrated live from the witness stand.

Because the material is shot with the intent of being shown to a jury, the unedited camera tapes are generally discoverable and must be shot with great care.

You would be surprised just how effective a video can be at mediation and trial. It really is the best way to show exactly how your client’s life has been changed and why the value of the case needs to increase.

DEPOSITIONS The third way for a law firm to leverage the effectiveness of video is depositions. Transcripts serve well in having the facts at hand and are searchable; however, the written word does not resonate very well at trial. It is important to keep the jury engaged and able to connect with the witness. The easiest way to bring a witness to life is by using a high-quality legal video production team to capture and edit his or her testimony to an easily consumable video.

It’s important to make sure you know who’s producing your videos. If your production company isn’t offering some of the newest video techniques, the jury is going to have a hard time staying engaged. Make sure you’re being offered the following: • High Definition digital image • Neutral background spotlights your witness • “Network News” lighting techniques • Stereo, studio-grade audio You can use text synchronization to show the video along with the transcript. Studies have shown that viewers are able to understand material when they hear and read the content at the same time. If there are important exhibits, you can use two cameras in the deposition for either split-screen or picture-in-picture. One can stay on the witness as they look at an exhibit, while the other can show the exhibit itself.

To see an example of what your depositions can look like when you hire a professional legal video production company instead of having the videographer chosen for you; visit: www.AJSample2.com.

CONCLUSION I hope this article has been of some service to you. Stop leaving money on the table and start using video to create that emotional response that will help your client get what they really deserve.

There are two very important things to always keep in mind when you’re thinking of working with a professional video production company: 1. Insist upon seeing samples of a video company’s work, and compare.

2. When you talk to a company, what kind of ‘vibe’ do you get? Do you have chemistry with them?

Just as all law firms are not the same, all video production companies are not the same. Make sure that your firm is working with a high-quality video team that knows what your message is and the best way to tell it. The difference can be significant in your client’s compensation. n Rob Fulton is the founder of Image Resources, an Emmy award-winning legal video production company. Since 1994, Image Resources has produced settlement documentaries around the country and helped attorneys recover of over $1 billion for their clients. They also produce web videos, dayin-the-life presentations and video recorded depositions. For more information, visit www.i-r.com.

Attorney Journal Orange County | Volume 115, 2015 9

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10 Attorney Journal Orange County | Volume 115, 2015

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Attorney Journal Orange County | Volume 115, 2015 11

COMMUNITY news n Gregory F. Brucia has joined Friedman Stroffe & Gerard, P.C. (“FSG”) as a shareholder. FSG is a leading transactional and litigation law firm based in Irvine.

Brucia’s major practice areas are GREGORY F. BRUCIA Corporate & Business and Real Estate & Construction. He spent the first several years of his career working in the capital markets practice groups in the New York offices of Baker & McKenzie and Shearman & Sterling, where his focus was on public securities transactions including mergers and acquisitions. In 2004, he moved to California and diversified his practice beyond securities and mergers and acquisitions to include a wide array of general corporate matters.

Brucia received his Bachelor’s Degree from The Wharton School of Business at the University of Pennsylvania in Economics, Concentration in Finance. He earned his J.D. with Distinction from the Hofstra University School of Law. n Jennifer Keller, a nationally recognized attorney with the Irvine law firm of Keller Rackauckas LLP, has been named

by Best Lawyers®’ 2015-16 as a Best Lawyer® in the practice areas of commercial JENNIFER KELLER litigation, white collar criminal defense, and non-white collar criminal defense.

Kay Rackauckas, managing partner of Keller Rackauckas LLP, has also been named by Best Lawyers®’ 2015-16 as a Best Lawyer® in the practice areas of Criminal Defense: Non-White-Collar and Criminal Defense: White-Collar.

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

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12 Attorney Journal Orange County | Volume 115, 2015

n Newmeyer & Dillion is pleased to announce that for the fourth consecutive year, which is every year it has participated in the Best Places to Work annual survey, it has been recognized as the best Orange County law firm employer among medium-sized companies. The survey is conducted

by Best Companies Group (BCG) and published in the Orange County Business GREGORY DILLION Journal. Of the top companies listed, Newmeyer & Dillion is lauded for its wellness program, charity support, and flexible work hours.

Newmeyer & Dillion launched its wellness program in 2015 and has been recognized by the American Heart Association as a Fit-Friendly Worksite.

The firm’s commitment to better the community in Orange County, and throughout California, has been consistent over its 31-year history, during THOMAS NEWMEYER which time it has supported over 50 charities with donations and volunteer work. The firm also provides its employees with holiday and themed get-togethers, casual Fridays, summer hours, “walking Wednesdays,” flu shots, and employee anniversary recognitions and awards. n For the second consecutive year, Berger Kahn has been included in the Best Lawyers of America list for Southern California, an esteemed list celebrating only the top 3% of the bar. Managing Partner Craig Simon was selected for inclusion in the practice area of Insurance Law and David Ezra for Commercial Litigation, Insurance Law, and Litigation - Insurance. New to the list this year, Sherman Spitz is named to the list for Litigation - Insurance, Lance LaBelle for Insurance Law, and Stephan Cohn for Insurance Law. Managing Partner Craig Simon said, “Berger Kahn congratulates all of those named to the list for their recognition and thanks our shareholders for bringing so much honor to the firm.”

STEVE COHN

DAVID EZRA

COMMUNITY news

EVAN D. SMILEY

PHIL E. STROK

ROBERT S. MARTICELLO

n Smiley Wang-Ekvall, LLP is proud to announce that three of the firm’s partners, Evan D. Smiley, Philip E. Strok and Robert S. Marticello, have been named to The Best Lawyers in America© 2016 list.

Best Lawyers© is the most trusted and respected peer-review publication in the legal profession. The distinguished list is widely regarded by both clients and legal professionals as a significant honor, awarded to a lawyer by his or her peers. The three attorneys of Smiley Wang-Ekvall received their designation in the “Bankruptcy and Creditor-Debtor Rights/Insolvency and Reorganization Law” practice area. Both Smiley and Strok have been included on the Best Lawyers in America list consecutively since 2010, while this is the first year for Marticello. n Orange County’s Umberg Zipser LLP is pleased to announce that partners Carole Reagan, Tom Umberg and Dean Zipser have been selected by their peers for inclusion in The Best Lawyers in America© 2016.

CAROLE REAGAN TOM UMBERG Reagan was selected in the field of Litigation – Intellectual Property and has been on the “Best Lawyers” list since 2013. Umberg was selected for Commercial Litigation and has been on the list since 2008. Zipser, who was first named to Best Lawyers in 2008, was selected for five categories: Bet-the-Company Litigation, Commercial Litigation, Litigation – Banking and Finance, Litigation – Intellectual Property, and Litigation – Real Estate. (Dean previously was named Best Lawyers’ 2014 Orange County Lawyer of the Year DEAN ZIPSER in Bet-the-Company Litigation.)

“It’s an honor for each of us to be recognized by our fellow lawyers for our litigation experience and expertise,” said Zipser.

“We’ve been practicing together in Orange County for more than 20 years and are proud to have had the opportunity to represent so many great companies, individuals, and public agencies.”

Attorney Journal Orange County | Volume 115, 2015 13

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A TIME FOR

GROWTH

Tough Trial Lawyers, Gerald Klein & Mark Wilson have Intentionally Kept Their Practice Small for Two Decades…Until Now.

By Karen Gorden

F

or twenty years Klein & Wilson intentionally remained a small law firm comprised of just two lawyers. Founding partner Gerald Klein explains, “I grew a predecessor firm from two lawyers to seven lawyers in just two years before being acquired by a large firm. I had been happiest in a two-attorney practice.” Klein’s co-founder and partner Mark Wilson also had the same feelings about keeping their firm small.

“I prefer doing all of the work necessary to bring a case to trial. That way, I know every nook and cranny of the case,” Wilson says. All the same, Klein & Wilson’s small size did not prevent the firm from handling multi-million dollar cases and routinely facing off against much larger firms—and winning. According to Klein, the firm’s secret to success is largely due to its early adaptation of cutting edge technology.

“We decided from the beginning, that by using the latest and greatest technology and implementing other business efficiencies, we could compete against adversaries many times Klein & Wilson’s size.”

BETTER, NOT BIGGER In a bet-the-company case years ago, Klein’s opponent was one of the largest and most prominent law firms in the country. Days before the client’s deposition, the Los Angeles Times came out with an article referring to that law firm as “The Marines of the Law.” Unfortunately, Klein’s client read the article and became despondent. On the day of his deposition preparation session, the client said to Klein, “They have the Marines, and I have you.”

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Klein & Wilson’s confidence never wavered. “In our minds, we felt if the opposing side were the ‘Marines’ then we must be ‘Seal Team 6!’” Like Seal Team 6, Klein & Wilson’s philosophy is that a small contingent of highly trained, well equipped people can achieve remarkable results.

To the delight of the client, who worried about the “Marines of the law,” the case settled favorably days before trial. Ironically, the defendant (who hired the “Marines”) ultimately hired Klein & Wilson and became one of several Fortune 500 companies who hired the firm.

COMMITMENT TO TECHNOLOGY Years before the Internet became what it is today and to compete on an equal footing with law firms that could staff cases with a dozen lawyers and a large support staff, Klein founded a small technology company that created digital animation exhibits for trial at affordable prices. He used this company to produce a digital animation for a complex accounting case to efficiently convey complex conceptual arguments not easily put into words. This allowed Klein to explain the theory of the case in just seconds. The net result was a trial verdict that led to a $26 million dollar settlement including payment for punitive damages.

Since then, Wilson explains, “We now prefer to display exhibits digitally, allowing us to highlight key provisions for jurors. This helps jurors understand what a witness is saying about specific contract provisions and correspondence.

Another benefit for digital display is reduced trial time, as

ŠChristopher TODD Studios

©Christopher TODD Studios witnesses do not have to fumble with bulky notebooks to find exhibits. Moreover, we routinely videotape key depositions and edit the ‘Kodak Moments’ for trial. And we now have the capability of creating our own animations at a fraction of the cost of outsourcing.”

Wilson developed an understanding of the importance of delivering clear messages to an audience between the ages of 10 and 20 while filming several national television commercials. When asked how that experience influences his trial presentations today, he explained that, “Making the client’s message understandable in short sound bites with visually interesting material is critical. I am very aware that my audience has a limited attention span. Today, the most popular YouTube videos last for less than one minute. I need to grab the jury’s attention and make my client’s story memorable and easy to understand. When jurors deliberate, I want them talking about my client’s themes, and giving the jurors an animation helps them do that, just like a television jingle helps consumers remember a product.”

EXPERIENCED TRIAL LAWYERS, NOT LITIGATORS Klein and Wilson are definitely achieving remarkable results, but it’s not only due to the firm’s creative and resourceful use of technology. “Many years ago, the concept of ‘business litigation’ implied actually trying business cases. That’s no longer the case. As business cases became more complex and the amounts of money at issue grew, many lawyers shied away from trying cases. The fewer business cases that are tried, the more nervous lawyers are about trying them. This vicious cycle resulted in a dwindling supply of capable trial lawyers,” Klein says.

This works to the benefit of Klein & Wilson’s clients, according to Wilson. “We are trial lawyers, not business

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litigators. We have more trial experience than most of our peers at bigger firms. Klein & Wilson uses its vast trial experience to achieve favorable settlements that otherwise would not have happened, because opposing counsel is often reluctant to go to trial. By contrast, we welcome the opportunity to go to trial,” Wilson explained. “And our success record at trial currently stands at over 90%, with more than $100 million recovered for our plaintiff clients,” Klein adds.

THE ART OF TELLING A STORY When asked about other strategies they’ve implemented over the years that have dramatically contributed to their success, Klein says, “It’s been the art of telling a story.” Both Klein and Wilson have spent time, energy and effort perfecting the art of telling their clients’ story to jurors to win them over. “I recently taught a storytelling class to third-year law students at UCI School of Law,” says Klein. “Initially, the students thought lawsuits were about contract breaches or trade secret theft. I taught them that when presenting cases to jurors, they must find the human element and present the case in a storytelling fashion. Cases are really about breaking promises, betrayal, the shattering of the American dream or selling out a long-time partner for personal gain. If you tell a story that jurors understand and want to believe, then you will win more cases. Being able to tell a compelling story requires practice,” he adds.

MOCK TRIALS Klein and Wilson both continue to adhere to a motto of practice makes perfect when it comes to storytelling, and as such utilize mock trials extensively. “There are two types of attorneys: the ones that admit they do not know what a jury is going to do and the ones that say they know what a jury will do but really do not,” Wilson says. “Our firm fully

TAKING ON CASES OTHERS WON’T Another highly distinguishing characteristic of Klein & Wilson which sets it apart from other civil litigation firms in Orange County includes its willingness to take on cases other firms refuse to accept. “Many civil litigation attorneys do not accept plaintiffs’ legal malpractice cases because they are concerned about being shunned by colleagues, or they do not want to handle cases that are almost always contentious,” says Wilson. “We don’t share these concerns. We have been handling and winning legal malpractice cases for several years,” he adds.

As a matter of fact, Wilson finds legal malpractice cases fascinating because, given the requirement to prove a “case within a case,” these cases allow him to work on issues that a business trial lawyer would not otherwise face. For instance, in one case, Klein & Wilson represented a public entity against its former City Attorney arising out of a conflict of interest that arose in the negotiation of a public works project. Since Klein & Wilson does not negotiate public works projects, they never would have had the opportunity to learn the conflicts rules that govern those projects, had they not taken the case.

Klein feels the same, and then some. “I have a significant respect for the legal profession, and I feel a sense of duty to expose unscrupulous attorneys and hold them accountable.

One way for me to help the profession maintain credibility is to hold accountable the few attorneys who mistreat their clients. The California State Bar is not in the business of making victimized clients whole, so the profession needs attorneys willing to handle legal malpractice cases.”

THE RELUCTANT DECISION TO GROW

©Christopher TODD Studios

For the two-man powerhouse team of Klein & Wilson, who spent two decades refusing to grow even though it had

©Christopher TODD Studios

believes that the best way to evaluate the strength of a case going to jury trial is to conduct mock trials,” he adds.

Consistent with the firm’s commitment to doing everything itself, Klein & Wilson conducts its mock trials without the assistance of trial consultants or psychologists. Even still, the small but mighty firm has become known for its mock trials, resulting in law firms across the nation hiring the Newport Beach-based firm to conduct mock trials for their own cases.

“We use mock trials to test the strength of the case and case themes to see which ones are effective and which ones flop,” Wilson says. “Mock trials can also help identify the type of jurors which are favorable and unfavorable,” he adds. In particular, Wilson says the firm uses mock trials to formulate voir dire questions which can identify unfavorable jurors.

Mock trials have been so telling, according to Klein, that results they’ve received through conducting them have caused the firm to change its entire case presentation more than once. “I have been shocked a time or two, and remember finding that in one case, multiple mock jury panels awarded my client nothing in a bad faith insurance case,” he says.

Armed with this defeat, Klein modified his case theme and presented his new theory to new jury panels and convinced all of them that his client should win. The shift in theme and tactic was a success. Subsequently, Klein & Wilson proceeded to trial with this new theme, wherein the jury awarded every penny the firm requested.

Klein says that while mock trials are expensive and not for every case, many of the cases Klein & Wilson has tried over the years were large enough to justify the cost of a mock trial.

And it goes without saying that both Klein and Wilson firmly believe that they have won many trials based on what they learned during mock trials.

Attorney Journal Orange County | Volume 115, 2015 19

Contact: Mark Wilson Klein & Wilson www.kleinandwilson.com wilson@kleinandwilson.com Phone: 949-631-3300 4770 Von Karman Avenue Newport Beach, CA 92660

20 Attorney Journal Orange County | Volume 115, 2015

© christopher TODD Studios

EXPERIENCE

sufficient business to do so, the latest success in its practice surprises even its founders. Wilson laughs when admitting that he and Klein are “control freaks who prefer doing everything themselves.” As such, when the partners’ caseloads grew too large, they simply stopped accepting new cases and referred them to trusted colleagues instead. While this practice made Klein & Wilson popular with colleagues, it meant the firm was rejecting quality clients with interesting cases.

After what Wilson calls a “deep soul searching,” he and Klein decided to grow the firm. In a period of just 90 days, the firm added three lawyers, thereby effectively growing by 150%. According to Wilson, the new lawyers are learning to embrace the firm’s three tenets: (1) integrity; (2) hard work; and (3) devotion to clients. To accommodate its growth, the firm purchased a new building on the corner of Von Karman and Campus in Newport Beach, gutted the interior, and converted it into a state of the art law facility.

But what about keeping the firm small by design? Why fix something that wasn’t broken? “Many of my friends and colleagues say I am crazy. But I had to think of the firm’s clients and my partner when the red ambulance takes me away from my desk,” Klein chuckles. “I also recognized I had to give something back to a profession that has rewarded me so well. The best way to do that is train a new generation of trial lawyers who can take over the firm after Wilson and I are gone.” n

GERALD KLEIN

MARK WILSON

» EDUCATION

» EDUCATION

• University of California at Los Angeles School of Law, Los Angeles, California: J.D. - 1982; Honors: Russell P. Serber Memorial Scholar • State University of New York, Albany, New York: B.A. magna cum laude 1978; Honors: New York State Regents Scholar; Honors: Phi Alpha Theta Award for History and Classics; Major: Greek and Roman Classics and History

» PROFESSIONAL ASSOCIATIONS AND MEMBERSHIPS • American Board of Trial Advocates, Associate, 2009 - Present • Orange County Trial Lawyers Association Board, 2002 - 2009; Member, 2007 - Present • Orange County Bar Association, Member, 1991 – Present; Society of Fellows. Since 2014

» HONORS AND AWARDS • Trial Lawyer of the Year, Professional Negligence, Orange County Trial Lawyers Association - 2009 • Trial Lawyer of the Year, Business Litigation, Orange County Trial Lawyers Association - 2003 • Super Lawyers® 2012-2016

• Loyola Law School, Los Angeles, California: J.D. - 1988; Honors: Scott Moot Court Honors Board, 1987-1988; Honors: Jurisprudence Book Award, Legal Research and Writing, 1986 • University of Southern California, Los Angeles, California: B.S. - 1985; Major: Public Administration

» PROFESSIONAL ASSOCIATIONS AND MEMBERSHIPS • Co-Chair of the Orange County Bar Association’s (“OCBA”) Business Litigation section – 2015 • Orange County Bar Association, Business Litigation Section, Chair 2016 • Orange County Trial Lawyers Association, Board of Directors 2002 2008, Member 2009 – Present • Banyard Inn of Court, Master Bencher, 2000 – Present • Association of Business Trial Lawyers, Member, 2004 – Present • Orange County Bar Association, Member, 1994 - Present • Orange County Bar Foundation, Society of Fellows. Since 2014

» HONORS AND AWARDS

• Perfect 10 rating on AVVO

• Super Lawyers® 2012-2016

• Martindale-Hubbell highest rating AV-Preeminent

• Perfect 10 rating on AVVO

• OC’s Top Attorneys - Raising the Bar and Setting New Precedents, OC Metro - 2013 • OC’s Most Notable Lawyers, OC Metro - August 2012 • The Dean’s List - OC’s Top Attorneys, OC Metro - August 2011 • The Legal Eagles - OC’s Top Attorneys, OC Metro - August 2010

• Martindale-Hubbell highest rating AVPreeminent • OC’s Top Attorneys - Raising the Bar and Setting New Precedents, OC Metro - 2013 • OC’s Most Notable Lawyers, OC Metro - August 2012 • The Dean’s List - OC’s Top Attorneys, OC Metro - August 2011 • The Legal Eagles - OC’s Top Attorneys, OC Metro - August 2010

CALIFORNIA SUPREME COURT CIVIL PROCEDURE (ANTI-SLAPP)

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

22

Attorney Journal Orange County | Volume 115, 2015

Barker v. Fox and Associates (2015) _ Cal.App.4th _ , 2015 WL 5285669: The Court of Appeal reversed the trial court’s order denying an anti-SLAPP motion by defendants. The trial court properly found that defendants had satisfied their burden under step one of the anti-SLAPP analysis, but erred in finding that plaintiff had met his burden under the second step because plaintiff failed to demonstrate a likelihood of prevailing on the merits. (C.A. 1st, September 10, 2015.)

Collier v. Harris (2015) _ Cal.App.4th _ , 2015 WL 5121082: The Court of Appeal reversed the trial court’s order denying an anti-SLAPP motion. Plaintiff and defendant actively supported competing candidates in a local school board election. Defendant registered plaintiff’s name, and the name of an advocacy group she formed as domain names, and then redirected all Internet users who visited those Web sites to the Web sites for the candidates defendant supported. Plaintiff sued, alleging defendant registered the domain names and illegally used them to mislead the public into thinking plaintiff supported defendant’s candidates. The trial court found that defendant had failed to show plaintiff’s claims arose from free speech activities protected by the anti-SLAPP statute. To be protected by the anti-SLAPP statute, the conduct does not have to constitute free speech, but need only help to advance or assist a person in the exercise of his or her free speech rights. The Court of Appeal concluded that registering the domain names and redirecting Internet users to the other Web sites assisted defendant in exercising his free speech rights because those acts provided him with additional forums to reach the public with information about the school board candidates. The trial court erred in denying the motion without determining whether plaintiff had presented evidence establishing a probability of prevailing on the merits. (C.A. 4th, filed August 5, 2015, published September 1, 2015.)

Kahn v. Dewey Group (2015) _ Cal.App.4th _ , 2015 WL 5227645: The Court of Appeal reversed the trial court’s order denying a motion to tax costs and allowing certain defendants expert witness costs. Plaintiff sued 20 defendants alleging they were jointly and severally liable for causing him to suffer personal injury. Before trial, all 20 defendants jointly made a Code of Civil Procedure section 998 offer to settle the action for $75,000. Plaintiff did not accept the offer. The trial court later granted a nonsuit as to 14 of the 20 defendants, and judgment was entered as to them. The case against the remaining six defendants was tried, the jury was unable to reach a verdict, the court granted a mistrial, and a retrial is pending.

If multiple defendants jointly make a section 998 offer to settle, whether the offer exceeds the judgment cannot be determined by comparing it to a judgment (or judgments) entered against only some of the offering defendants. Instead, the offer must be compared to the judgment(s) obtained against all defendants.

Because in the present case no judgment has yet been entered with regard to six of the 20 defendants on whose behalf the section 998 offer was made, the trial court erred in awarding expert witness fees to the 14 dismissed defendants. (C.A. 2nd, September 8, 2015.)

Warren v. Warren (2015) _ Cal.App.4th _ : The Court of Appeal reversed the trial court’s order denying defendants’ motion to set aside a default and default judgment in an action for an accounting. One line of cases concludes that notice of damages must be given before a default is entered in an accounting action. Another line concludes notice need not be given. Plaintiff did not give notice of damages. The Court of Appeal ruled that, when a plaintiff knows what his damages are and defendants did not have access to that information, notice of damages must be given before default is entered. (C.A. 2nd, September 11, 2015.)

WA Southwest 2, LLC v. First American Title Insurance Company (2015) _ Cal.App.4th _ , 2015 WL 5175472: The Court of Appeal affirmed the trial court’s ruling sustaining demurrers without leave to amend. In 2012 plaintiffs sued regarding real property purchased in late 2005 and early 2006.

Claims were made against a title insurance company, law firm, and a broker. The allegations included breach of fiduciary duty, fraud, legal malpractice, and conversion. The trial court properly concluded that plaintiffs failed to plead the application of the delayed discovery rule. (C.A. 4th, September 4, 2015.)

EMPLOYMENT In re Acknowledgment Cases (2015) _ Cal.App.4th _ , 2015 WL 5098224: In a coordinated case, the Court of Appeal reversed the trial court judgment against police officer defendants, and directed the superior court to enter judgment in favor of all police officer defendants on the complaint for breach of contract and quantum meruit. To reduce the attrition of police academy trained officers who found other employment, the City of Los Angeles (City) enacted Los Angeles Administrative Code section 4.1700 (section 4.1700), requiring police officers to reimburse the City a prorated portion of the cost of training at the academy if they leave the Los Angeles Police Department (LAPD) after serving less than 60 months following graduation. Section 4.1700 further required police officer applicants to sign an agreement stating that they intended to maintain employment with the LAPD for at least 60 continuous months and agreeing to reimburse the City for the direct and indirect costs of training if they leave the LAPD within five years after graduation. The agreement is called “the acknowledgment.” The Court of Appeal

ruled that LAAC section 4.1700 violated Labor Code section 2802, and the acknowledgment was void pursuant to Labor Code section 2804. (C.A. 4th, filed August 12, 2015, published August 31, 2015.)

Pasadena Police Officers Association v. Superior Court (City of Pasadena) (2015) _ Cal.App.4th _ , 2015 WL 5281818: The Court of Appeal denied a writ petition seeking to prevent any disclosure of a report investigating a police officer shooting and killing of an unarmed teenager. The trial court properly concluded that the report was a public document, properly concluded that portions of the report were exempt from disclosure as peace officer personnel records, but inappropriately redacted material, including analyses of the police department’s administrative investigation and departmental policies, descriptions of the police department’s responsiveness (or the absence thereof), and recommendations. (C.A. 2nd, September 10, 2015.)

INSURANCE Sequeira v. Lincoln National Life Insurance Company (2015) _ Cal. App.4th _ , 2015 WL 5097794: The Court of Appeal reversed the trial court’s order granting summary judgment for defendant regarding supplemental life insurance policy benefits. Defendant issued both a basic and a supplemental life insurance policy, effective January 1, 2010. The parties agreed that employee Donald Sequeira (Sequeira) was eligible on January 1 under the supplemental policy, but he did not work that day because it was a paid holiday. Tragically, he was hospitalized the next day with a sudden illness and died on January 6 without ever returning to work. The trial court ruled that Sequeira’s widow was not entitled to benefits because the policy required her husband to be “on the job, at his employer’s place of employment, performing his customary duties” between January 1 and his death. The Court of Appeal reversed, finding the policy was ambiguous regarding whether Sequeira needed to perform his work responsibilities on New Year’s Day or anytime after that in order for his wife to receive benefits. The Court of Appeal therefore interpreted the policy in favor of Sequeira’s reasonable expectations, which were that he should not have to work on New Year’s Day or when he is sick in order to receive coverage that he had paid for. (C.A. 1st, August 31, 2015.)

21st Century Insurance Company v. Superior Court (Tapia) (2015) _ Cal.App.4th _ , 2015 WL 5285822: The Court of Appeal reversed the trial court’s ruling denying defendant’s motion for summary judgment in a bad faith action.

Defendant’s writ petition was granted, and the trial court was ordered to enter summary judgment for defendant. The underlying action was a personal injury/wrongful death action.

Defendant offered to settle for the policy limits of $100,000.

Plaintiff believed there were two additional $25,000 policies also issued by defendant that might be applicable, and offered to settle for $150,000. Defendant denied getting this offer.

Attorney Journal Orange County | Volume 115, 2015

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Defendant later, however, made an offer to settle for $150,000.

Plaintiff then served a Code of Civil Procedure section 998 offer for $3,000,000 for the decedent plaintiff and $1,150,000 for his mother. The insured, who was being defended by the carrier, agreed to the entry of a stipulated judgment in the amounts demanded by plaintiffs. The Court of Appeal ruled that defendant was entitled to summary judgment because, when the insured goes behind an insurer’s back and enters into a stipulated judgment, a defending insurer cannot be bound by a settlement made without its participation and without any actual commitment on its insured’s part to pay the judgment.

(C.A. 4th, September 10, 2015.)

TORTS Castro v. City of Thousand Oaks (2015) _ Cal.App.4th _ , 2015 WL 5097856: The Court of Appeal reversed the trial court’s order granting summary judgment for defendant. Defendant was not entitled to government design immunity (Government Code section 830.6) regarding a pedestrian warning beacon because it was not part of a public works plan or design approved by defendant, but instead was an “add on” installed after the public works project was approved. Moreover, the Court of Appeal concluded there were material triable issues of fact as to whether

24 Attorney Journal Orange County | Volume 115, 2015

the crosswalk/street intersection was a dangerous condition.

(C.A. 2nd, August 31, 2015.)

Johnson v. United States Steel Corporation (2015) _ Cal.App.4th _ , 2015 WL 5120242: The Court of Appeal reversed the trial court’s summary judgment for defendant U.S. Steel Corporation (U.S. Steel). Plaintiffs David and Laura Johnson filed a products liability action against suppliers, manufacturers and retailers of various products containing benzene, alleging that David’s chronic exposure as an auto mechanic to benzene-containing products caused him to develop acute myeloid leukemia (AML).

U.S. Steel was sued for supplying a fabricator with a benzenecontaining coal residue called “raffinate” that was once the principal ingredient in the fabrication of Liquid Wrench, a solvent for loosening rusted bolts and machine parts. The Court of Appeal agreed with the trial court that the supplier of a raw material used in the manufacture of another product can be held liable for a design defect under the consumer expectations test only if the raw material is itself inherently defective. The trial court erred, however, in granting summary judgment because the record did not contain evidence negating the existence of a design defect of the coal raffinate produced and sold by U.S. Steel. (C.A. 1st, September 1, 2015.) n

Dos and Don'ts of

REPRESENTING YOUR BRAND

BY ASHLEIGH WALKER

Y

ou’ve heard it before, and you’ll hear it again, about the importance of ‘rich, quality content.’ The holy grail in the online world is content that is worth reading and worth sharing. For a long time that meant a great article, or landing page, filled with information and phrases that give the customer the answers they seek.

However, this is a world that is ever changing, and in that we begin to change our definitions. In this case, we must change the way we view rich, quality content to better adapt in this industry.

What am I talking about? Media, but not just smiling faces scattered in bio pages, and battered up vehicles at the top of a car accident page. I mean rich, high-quality infographics, videos, eBooks, webinars; re-creating content not just to include the written word but the vast resource that is visual media.

It’s a new step in an ever changing staircase, and it can seem like a bit of a mystery to begin. You may be asking yourself: What kind of resources best fit my firm? How do I know if this is high quality or not? Below I have a short list of some dos and don’ts to get you started in better utilizing media to represent your brand.

“DOS” KNOW YOUR DEMOGRAPHIC The first step to any branding, or media marketing, is to know the groups you

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are targeting. Whether you cover a range of practice areas, or one specific niche, if you do not understand your demographic you will fail to utilize the potential of your media. An important first step is to not only look at the data of your potential clients, but to understand their potential questions and needs. In doing this you can use your media to better embellish your content to fit their needs, and create authenticity in your brand.

CREATE ORIGINAL CONTENT It’s a no brainer, but the more original your content, the more your firm will stand out from your competitors. In a world in constant competition to be the best, relying on outdated and unoriginal content is a quick way to be left behind.

Whether you set up a space in your office to film testimonials, or hire a professional to take photos around your firm, time spent on original media is well invested.

BRANCH OUT! We are learning more and more about the importance of using media throughout a site. Not only does this break up content, but it gives your site a better sense of harmony throughout.

There are so many forms of media that can be utilized in a site to create better user interaction and conversions, such as infographics, eBooks, and Webinars for a more visual and informative experience to your firm.

ALIGN WITH YOUR BRAND GOALS No amount of effort or hard work is going to matter if at the end of the day you’re not consistent with your firm’s goals and beliefs. Are you focused on helping the customer throughout their process? Do you aim to answer any questions they may have?

Do you want your name to be the first thing that they think of when they need representation? Use your firm ideals to help you create content, and let it become a resource for your site. If you try to create content based on what others are doing, it will come off as forced, whereby incorporating your ideals will make your content and media authentic.

“DON’TS” DON’T UNDERESTIMATE QUALITY What is one of the largest differences between a successful site, and one that fails to rank month after month? Quality.

Quality content has been important in success for some time, and this is no exception for our media. Whether you are filming a video answering questions related to a practice area, or simply adding photos to a new landing page, nothing shouts ‘turn back now’ quite like low resolution and poor lighting.

Ignoring the importance of highquality media is showing a potential

client that you don’t take the time to ensure quality in your firm. Rachel Harmon touches on this further in her article on how photography could lose you business.

These days, executives come in many varieties.

DON’T SETTLE FOR STOCK IMAGES While stock images may be the quick and inexpensive way to include media in your site, there are downsides to using them. Stock images are taken with the purpose of being used for a variety of different things, which makes finding a photo for any situation particularly hassle free, but as a result stock images can make a site feel predictable and cliché, which is not how you want a client to view your firm.

While at first it may seem like a good idea to spice up the areas your firm excels in, don’t be too eager to put everything out there. Marketing is making a shift, and big boastful promises are no longer a gimmick that people trust. With a wealth of knowledge at their fingertips, people don’t want to feel tricked into thinking you’re the best; they want to be shown that you are through your actions and services.

Your job is not to shout from the rooftops with big bold promises in advertisements all across your site, but rather to provide the answers that your clients are looking for when they open up their search engine. Making promises for service that you don’t uphold is a fast way to taint your brand, and leave customers feeling unsatisfied.

DON’T RELY ON CONTENT ALONE One of the most important things your site can have is highquality, authoritative content. This shows that you know what you’re talking about and makes the client trust your firm; but good content is wasted when it sits on a blank page in blocks for the consumer to read. In our fast paced world, content is not being absorbed in the same ways that it once was, and the importance of hooking them into the content is much more important.

One of the fastest ways that you can break up a text-heavy page is to add media. Create a video that explains the practice area the page is about, have an infographic that goes into further detail, or create an eBook that people can download for later use. Things like this tend to increase customer retention and are a direct polish to your growing brand. n

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Legal Services for Ashleigh Walker is an Analyst, Ashleigh assists Consultwebs’ Marketing Consultants with creating and executing client online campaigns. Her work includes everything from conducting on-site technical reviews to brainstorming monthly content plans. Additionally, as an Analyst, Ashleigh delves deep into clients’ websites to determine what can be done to improve their online presence in a manner that best reflects the law firm’s brand and goals. www.consultwebs.com.

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888.920.EXEC (3932) Attorney Journal Orange County | Volume 115, 2015 27

-Quick Tips-

For Finding the Right Blog Topics for Your Law Firm

by Guy Loranger

T

he blog on your law firm’s website can serve many purposes. It can be used to educate potential clients who visit your site about their legal rights and options.

It can showcase your legal knowledge and establish you as an authority on topics related to your practice areas. It can also highlight your unique personality. Ultimately, a blog can enhance your online presence, generate traffic and lead to conversions.

In this sense, your law firm blog can play a major role in your overall Web marketing campaign. With this in mind, it is important to make sure that your blog never goes “stale.”

You need to keep it regularly updated with fresh, relevant and interesting content.

Of course, this can be a challenge—one that our Content Team tackles every day on behalf of our clients. Based on our experience, we think the following tips can be helpful when you are looking for new topics for your law firm’s blog.

ANSWER YOUR CLIENT’S COMMON QUESTIONS People use the Internet—and search engines like Google —to find answers to their questions such as, “Where is the best burger in town?” You can use your blog to answer the questions that you know your typical clients have.

Take a few minutes to brainstorm these questions. You may end up with several blog article topics. For instance, if you are a personal injury attorney, you may commonly be asked questions such as: • Who will pay for my car damage after an accident?

• How can I pay my medical bills while my lawsuit is pending?

• Can I sue my neighbor for a dog bite?

• How long does a lawsuit take?

Ask yourself: What basic information can I provide to people with these questions? Keep your answers simple. Use

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plain, easy-to-follow language. Be informative but be concise.

The visitors to your site will appreciate that you shared your insights. They will respect your knowledge. Ultimately, they will be more likely to submit your online contact form.

GIVE YOUR SPIN ON A HOT NEWS TOPIC Adding your unique twist or perspective on a hot news item is commonly called “news-jacking.” It can be highly effective.

As a lawyer, you can truly provide an interesting take on what is making headlines. For instance, if you are a divorce lawyer, you can use a celebrity couple’s dispute over custody of their children to explain child custody law in your state.

Or, if you are a criminal defense attorney, you could use a news story about arrests made at a DWI checkpoint to explain one’s legal rights.

The key is to take a news story that people may not fully understand and break its complex issues into simple, easily digestible terms.

PROVIDE HELPFUL TIPS OR LISTS Do people read blog articles that provide helpful tips? Well, you’re reading this article, aren’t you? The reality is that people often go online because they are looking for solutions to problems or advice on particular matters.

Of course, as a lawyer, you can’t provide legal advice through a blog. However, you can provide some helpful general information that can be of real benefit to your site’s visitors.

For instance, let’s say a person is wondering whether it is worth their time and effort to pursue a lawsuit after being injured due to a medical error. An article on “Nine Reasons You Should Pursue a Medical Malpractice Lawsuit” can provide excellent value to that individual and may help him or her to overcome doubts about taking legal action.

You can also provide non-legal advice that can help people to avoid injuries or other problems that your law firm

frequently sees. For example, having represented numerous children who were hurt in swimming pool accidents, you may wish to share suggestions in an article, “Seven Ways to Keep Your Child Safe at the Pool.”

In fact, our Senior Social Media Consultant, Kenneth Harris, has often said that these articles tend to be the most highly shared and can generate significant traffic.

These topics reflect that your law firm truly cares about your community.

COLLECT AND CURATE

IS YOUR LAW FIRM MAKING THE BEST IMPRESSION?

The reality is that you may be extremely impressed by what others are saying about a topic. Don’t try to top it. Share it.

You can write what is commonly called a “curated” blog article. In other words, you can compile snippets from different articles on a particular theme and share them with your visitors. Just make sure that you give full attribution to your sources and link where appropriate.

These types of articles can be highly interesting and informative. They show visitors that your law firm is keeping up with the news or the latest trends and developments in your practice areas.

TALK ABOUT YOUR FIRM Your blog offers the perfect outlet for getting out news about your law firm. Of course, a Facebook page can be highly effective for making announcements as well. However, with a blog, you can maybe go into a little more depth than you typically can on Social Media sites.

You can write a blog article about a recent verdict or settlement or an award or honor that your firm has collected. You could also write about your participation in a community event or charity effort.

You may even wish to use your blog to profile a lawyer or staff member. For instance, a paralegal from your firm may have recently participated in a marathon or completed a challenging hike. Let your visitors know about it.

These articles, too, can be highly shareable. They tell visitors a lot about your law firm’s personality and culture.

And they ultimately can make visitors more comfortable about contacting your firm.

So, as you can see, there are many ways you can overcome the challenge of maintaining a steady flow of content to your law firm’s website. n Guy Loranger is the Web Content Editor for Consultwebs. com. His role allows him to interact regularly with clients on developing website pages, press releases, blogs and other Web content that promotes their firm’s practice areas and enhances their search engine rankings. He is also Google Analytics IQ certified. www.consultwebs.com.

We’ll help you put your best foot forward.

From logos and brochures to websites, strategy, writing and beyond, we’ve got you covered!

Jenny Strauss, Vice President (215) 460-0835 jenny@skidmutro.com

View our portfolio at skidmutro.com

Attorney Journal Orange County | Volume 115, 2015 29

Stop Treating Your Website Leads Like They’re Referrals

by Tanner Jones

R

ing ... ring … ring … ring … ring …Goodbye. Chalk up another lost client to your front desk. How seriously have you invested time and money into your intake department?

Before you answer that, let’s step back a minute and consider the story of the young fisherboy. This angler grew up on the river with his father learning the art and craft of fishing. His dad would catch the fish and let his boy zealously reel them in, one by one. Eventually, the boy accepted the process of taking the rod from his father each time he had one hooked.

Eventually, one day his father stopped going fishing with him and depended on his son to bring home dinner. The boy soon realized that he could no longer rely on his old process of depending on his father’s ability to set the hook.

He had to learn to set the hook himself.

I implore you, teach your staff how to set the hook. Stop treating your website leads like they’re referrals.

THE PROBLEM WITH REFERRALS There’s no doubt that referrals are the best possible lead source. It is said that the average company generates 65% of its new business from referrals (NYT). Furthermore, your clients are said to be four times more likely to hire you when they are referred from a friend or from someone they trust.

However, there are two major difficulties with referrals: 1. You have to pay out a hefty sum at the end of the case (for a contingency fee-based lawyer); and 2. There just aren’t enough of them.

If you have accepted those two facts, you have likely considered Internet marketing for your law firm.

The process of riding a bull is not the same process as riding a bike. Each requires its own unique techniques and training (although I can’t personally say I’ve ridden a bull). With Internet marketing, you should avoid applying your referral processes and mindset when handling your lead intake. Otherwise you risk damaging your law firm’s bottom line.

A person who calls you after finding your website on the Internet, with no prior knowledge of your firm, has no personal loyalty or ties to you or your great firm. In fact, they have no reason to hire you other than what is said in those first few 30 Attorney Journal Orange County | Volume 115, 2015

minutes when they call in. If you don’t have someone willing to greet them with exceptional service and a sales mentality, you will lose out to a law firm that does.

REFERRALS VS. INTERNET LEADS Here are some key points to keep in mind: • Referral: A referred client will leave you a voicemail and wait for your return call.

• Internet: An internet lead will move on.

• Referral: A referred client will punch buttons through a phone tree in an effort to talk to you.

• Internet: An internet lead will hang up and call someone they can talk to immediately.

• Referral: A referred client may overlook your tired, disinterested intake “professional.”

• Internet: An internet lead assumes your intake “professional” is a reflection of your entire firm and representation ability.

They move on.

I strongly urge you to stop treating your website leads like they’re referrals. You are costing your firm tens of thousands in case fees and are wasting significant marketing dollars.

Consider applying a portion of your advertising toward your intake team. Hire rock stars and offer ongoing training and coaching. Your intake process is one of your most important functions to growing your case load on the Internet.

The fishing was good; it was the catching that was bad. ~A.K. Best n Tanner Jones serves as the Marketing Director for Consultwebs.com, the premier provider of innovative online legal marketing to ethical U.S. law firms seeking growth and profit. Consultwebs fosters professional, long-term relationships built on trust, integrity, high quality and results.

Often the first contact clients have with Consultwebs, Tanner helps law firms develop their marketing strategies, including search marketing campaigns, responsive website design, social media and pay-per-click advertising. Tanner has spoken and presented at legal marketing seminars throughout the country including the PILMMA and M&L Legal Marketing conferences. www.consultwebs.com.

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