Attorney Journal, Orange County, Volume 102

ORANGE COUNTY

Volume 102, 2014 • $6.95

Legal Marketing

5 Ways to Make Your Firm Bios Stand Out Online

Paula Black

How Do Law Firms Find More Capital?

5 Tips for the Best Law Firm Logo

John Zissu

Andrew Cabasso

Lawyers – Generate a Million Dollars in Additional Income For Your Law Firm

Law Firm Branding

The Danger of Illusory Brands

Henry Dahut

Ken Hardison

How About a Joint Venture?

A Twist on Referrals for Small And Solo Law Firms

Samira Mery Lineberger

Mediator of the Month

Robert Coviello

Settling Disputes without Settling for Less

NICHE PRACTITIONER OF THE MONTH

R. Craig Scott

Looking Out for the Big Guy

Attorney of the Month

Jeff Matsen AN ATTORNEY FOR ALL SEASONS

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IRVINE CENTURY CITY SAN DIEGO DOWNTOWN LA

2014 EDITION—NO.102

TABLE OF CONTENTS features

6

MEDIATOR OF THE MONTH

6 Robert Coviello

Settling Disputes without Settling for Less

by Jennifer Hadley

8 Legal Marketing: 5 Ways to Make Your Firm Bios Stand Out Online

by Paula Black

9 How Do Law Firms Find More Capital?

by John Zissu

16

EXECUTIVE PUBLISHER Brian Topor

10 COMMUNITYnews NICHE PRACTITIONER OF THE MONTH

12 R. Craig Scott

EDITOR Jennifer Appel

Looking Out for the Big Guy

by Jennifer Hadley

CREATIVE SERVICES Skidmutro Creative Partners

ATTORNEY OF THE MONTH

CIRCULATION Angela Watson

16 Jeff Matsen

An Attorney for All Seasons

PHOTOGRAPHY Chris Griffiths

by Jennifer Hadley

22 Law Firm Branding

STAFF WRITERS Jennifer Hadley Bridget Brookman Karen Gorden CONTRIBUTING EDITORIALISTS Christopher Walton Monty A. McIntyre Andrew Cabasso John Zissu Henry Dahut Ken Hardison Paula Black Samira Mery Lineberger WEBMASTER Mariusz Opalka ADVERTISING INQUIRIES info@AttorneyJournal.us SUBMIT AN ARTICLE Editorial@AttorneyJournal.us OFFICE 10601-G Tierrasanta Blvd., Suite 131 San Diego, CA 92124 P 858.505.0314 • F 858.524.5808 www.AttorneyJournal.us ADDRESS CHANGES Address corrections can be made via fax, email or postal mail.

The Danger of Illusory Brands

by Henry Dahut

24 Lawyers — Generate a Million Dollars in Additional Income for Your Law Firm

12

by Ken Hardison

26 5 Tips for the Best Law Firm Logo

by Andrew Cabasso

28 How About a Joint Venture?

A Twist on Referrals for Small and Solo Law Firms

by Samira Mery Lineberger

Editorial material appears in Attorney Journal as an informational service for readers. Article contents are the opinions of the authors and not necessarily those of Attorney Journal.

Attorney Journal makes every effort to publish credible, responsible advertisements. Inclusion of product advertisements or announcements does not imply endorsement.

Attorney Journal is a trademark of Sticky Media, LLC. Not affiliated with any other trade publication or association. Copyright 2014 by Sticky Media, LLC. All rights reserved. Contents may not be reproduced without written permission from Sticky Media, LLC. Printed in the USA

Proudly Congratulates THE LAW OFFICES OF PAUL S. MEYER KELLER RACKAUCKAS LLP

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FEATURED MEDIATOR

OF THE MONTH

2014

SETTLING DISPUTES without SETTLING FOR LESS WHEN EMPLOYMENT AND BUSINESS DISPUTES REQUIRE EXPERIENCE AND EXPERTISE, ORANGE COUNTY ATTORNEYS COUNT ON ROBERT COVIELLO FOR PREPARATION AND PERSISTENCE

by Jennifer Hadley

“AN IMPORTANT KEY TO BEING A SUCCESSFUL MEDIATOR

begins with having the ability to adapt to the particular situation presented on any given day,” says Robert Coviello, former trial attorney, and founder of Coviello Mediation Services in San Juan Capistrano. “If it’s a business vs. business dispute, the bottom line is generally about money—what it will cost, and what are the risks versus the potential rewards.”

Continuing Coviello says, “On the other hand, an individual plaintiff who has been the victim of unlawful discrimination or perhaps severe sexual harassment in the workplace, is very emotionally involved in the process. The parties may often want something our court system can’t provide, such as an acknowledgment of wrongdoing, restoration of one’s reputation, an apology, reinstatement of a job, or relief from emotional trauma. The beauty of mediation is that it permits the exploration of settlement terms that cannot be otherwise 6

Attorney Journal Orange County | Volume 102, 2014

awarded by a judge or jury.”

As such, for Coviello, “A mediator needs to adapt to the needs of the participants and not vice-versa.” To that end, Coviello relies on his more than 30 years of experience litigating complex civil disputes in California and Federal courts to help him adjust to each unique case.

EXPERIENCE IS PRICELESS Of course being able to adapt is most effective when coupled with a thorough understanding of the law surrounding the dispute, together with a talent for negotiation and a commitment to ensuring that all possible avenues of resolution are explored. Having tried more than 50 court and jury trials to verdict, Coviello has served as counsel for both plaintiffs and defendants in business disputes, with a specialization in employment related claims including matters involving

“ Mediation is not a single event—it is a process. My goal as a mediator is to facilitate that process by guiding the parties down a path towards resolution.”

wrongful termination, discrimination, harassment, FEHA, FLSA and numerous wage and hour class action matters in both the state and federal courts.

“My evolution from active trial lawyer to full time mediator and arbitrator was a 10 year work in progress,” Coviello says.

“I’m blessed to have always enjoyed the practice of law and in particular, trial work. I graduated from Western State University College of Law in 1980 and started my own solo practice within a year,” he recalls. As a new attorney, Coviello says he did what most new attorneys starting their own firms do: “You take any case that walks in the door,” says Coviello with a chuckle.

“During the early years of my career I undertook representation in a variety of cases including many criminal defense matters,” he says. However, he would ultimately transition out of that work and begin carving a niche in an entirely different field. His firm would grow commensurate with his new specialization in employment related litigation, reaching a total of 14 employees.

“I was probably 10 years into my practice before I handled an employment law case. Employment law was just becoming a hot bed for litigation due in part to a robust economy, the dot-com start up explosion and an upsurge in new workplace protection laws on both the state and federal level,” he says.

Coviello took to the first employment case he received with gusto. “I must have deposed 20 people,” he says. It was worth it. The case resolved with a favorable settlement for Coviello’s client and for the next 20 years, he enjoyed a niche practice which focused almost exclusively on employment related matters.

EXPERTISE PROVES INVALUABLE By the early 2000’s Coviello began what he calls “dabbling” in neutral work. Beginning as an arbitrator with the AAA, he also began making himself available as a mediator for employment related matters, but not because he was intending on making it his career at that point. “My purpose for starting to mediate was merely to increase my negotiation skill-set by seeing the process unfold from the inside. I believed this additional knowledge would be an asset in resolving cases for my own clients,” he says.

However, he soon found that he loved the work as a mediator, and that his expertise in the field made him a natural fit for the work. “I not only enjoyed assisting others to resolve their disputes, but my prior experience as a litigator was a valuable asset in providing insight to the parties,” he explains.

Indeed, according to Coviello, “As a neutral I have found that this specialized experience in a given field gives me not only common ground to converse with participating attorneys

but also provides some level of credibility for me in the eyes of the individual parties. The majority of parties—especially on the plaintiff’s side—have never been through the litigation process. They will generally come into a mediation session quite skeptical and tend to have difficulty accepting the notion that I am in fact, neutral. Once I get them to understand that I truly have no stake in the outcome of the matter and that my comments are tethered to experience, the ball toward resolution can begin rolling,” he says.

In addition to using his specific expertise as a foundation for his mediation services, Coviello also implements many of the strategies he used as a trial attorney to ensure the successful resolution of the case. “I do my homework. I thoroughly review all briefs and conduct independent research to ensure that I’m sufficiently educated on the matter prior to mediation,” he says.

Likewise, he often reaches out to each party’s attorneys before the mediation, in the event that there is additional information that they wish to impart prior to the start of the formal session.

“Mediation is not a single event—it is a process. My goal as a mediator is to facilitate that process by guiding the parties down a path towards resolution. I work hard, and I will stay until midnight if I have to in order to get to a resolution,” he says. “Results matter. Experience, preparation, hard work, persistence and follow-up enhance the prospects for a successful mediation,” he adds. In the unlikely event that a settlement cannot be reached, Coviello does not stop trying. “I am very diligent in following up, and I have found that cases which initially did not settle, get resolved down the road with my continued involvement.”

After growing his mediation practice gradually over several years, Coviello decided to make this work his full time profession and hasn’t looked back since. Coviello immensely enjoys his work and is looking forward to many more years of success as a mediator and arbitrator. n

Contact: Robert Coviello Coviello Mediation www.coviellomediation.com robert@coviellomediation.com 949-429-7500 31815 Camino Capistrano, Suite 19 San Juan Capistrano, CA 92675 Attorney Journal Orange County | Volume 102, 2014

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Legal Marketing 5 Ways to Make Your Firm Bios Stand Out Online

by Paula Black Drawing on over twenty years’ experience in branding and positioning, Paula Black has advised law firms around the globe on everything from powerful and innovative design to marketing strategy and business growth. She is the award-winning author of “The Little Black Book on Law Firm Branding & Positioning,” “The Little Black Book on Law Firm Marketing and Business Development,” and “The Little Black Book: A Lawyer’s Guide To Creating A Marketing Habit in 21 Days,” as well as founder and President of Miami-based Paula Black & Associates. For more information visit www.paulablacklegalmarketing.com. Article Source: EzineArticles.com/5357942 Whenever I begin working with a new firm, one of the biggest challenges my team and I tackle (once the branding and positioning has been determined) is collecting and refining the firm biographies. Inevitably all of them will be formatted differently, many will contain out of date information and none of the photographs will have been taken by the same photographer. Sound familiar? But, in truth, firm bios need more than just organization to help them support your marketing and business development. They need to grab a client (or potential client’s) attention, convey your expertise and personality, and help you stand apart from the millions of other attorneys out there. Here are five ways to do just that.

bios is to have two distinct ways to view the information. One with simply the basics (contact info, education, practice areas, bar admissions), and one with an extended view (narrative paragraph, community involvement, publications, etc...). This not only keeps bios clean and orderly, it gives visitors to the site a quick hit of information and an option to click a “more” button if they’re so inclined. You should also always give people options to print, e-mail and view as a PDF if possible. It encourages potential clients to keep your information on hand and share it with others.

4 HAVE A GREAT PHOTO

Before you embark on revamping your firm bios you have to be committed to keeping them streamlined and relevant. The best way to ensure that bios stay on track is to charge one person with the task of organization and upkeep. Be it a marketing director, administrator, secretary or even receptionist, identify someone to take charge of the project and keep it going. By placing responsibility on one person you eliminate the possibility of slipping back into old habits and give everyone a point person to communicate with.

Look at your headshots. Do they look like they were photographed by the same person? Are they outdated? If you answered no to the first question and yes to the second, you may want to look into investing in some new photos. Never underestimate the power of a strong headshot. Another option to consider when having the entire firm photographed is breaking free from a standard headshot. Browse other firm websites for ideas, then apply them to your own attorneys. Many firms today are thinking outside the box when it comes to photography, having their attorneys photographed full-length, in groups or even with props. With the right idea and the right photographer it’s very possible to create images that are interesting AND professional.

2 BE CONSISTENT

5 HOW YOUR PERSONALITY

Creating consistency with your firm bios is a project, but one that can reap true rewards for your entire firm. So how do you go about it? The first step in a revamp is to create a questionnaire and use existing bios to fill in the information. Then send those questionnaires back to each individual attorney so that they can fill in any blanks or update outdated information. Finally, pick a format and stick to it. In what order do you want to present the information? Will you put dates on Bar Admissions?

Undergraduate information before JD or vice versa? Will you separate membership listings in charitable organizations from professional organizations? All questions you should consider and make a final decision on.

There are links all over the Internet to attorneys (one I can think of off the top of my head) who have gone creative when it comes to writing bio copy. It may not be your cup of tea, but it certainly helps them stand out...and get some attention.

You don’t have to go humorous, especially if you belong to a more conservative firm, but there’s absolutely nothing wrong with showing a little personality in your bio. I can guarantee that readers would much rather know what you’re doing right now and what you’re passionate about when it comes to your practice than skim over a long list of memberships and cases.

The biggest change you can make? Know your audience and speak directly to them-and that goes for each individual attorney. That, in combination with a unified look and feel, will elevate your website bio section from reference point to marketing opportunity. n

1 NAME A LEADER

3 GIVE VISITORS OPTIONS One of the most effective ways I’ve seen of treating online attorney 8

Attorney Journal Orange County | Volume 102, 2014

HOW DO LAW FIRMS FIND MORE CAPITAL?

by John Zissu Every law firm understands how important it is not just to market, but to do it well. So, when you look at two law firms that have equally talented staff and equal financial resources, how can one firm dramatically outperform the other? The secret… (Hint: learn from what large corporations have done to put their competitors out of business) OK, here’s the answer and it’s not as pretty as you think. In fact, there are some who will be downright repulsed by my very mention of the word. Offshoring. I will say it again — OFFSHORING. Are you still with me?

Let’s face it. No one enjoys offshoring.

I would rather not deal with it. It involves inconvenient change, can be challenging to manage and has a number of inherent risks. Never mind that, at least in the short term, it puts Americans out of work and creates additional reprofiling pains and outcries of unfairness.

My answer to this: suck it up—this is America and our flexibility and adaptability to change have made us the greatest country in the world. Our standard of living has increased by virtue of China making our clothes and India coding our software. There will be more functions we may have to let go of. One of them will soon be online article writing. I can’t wait.

My point is that the competitive advantages gained in the form of cost-savings and increased legal marketing capital cannot be ignored.

As an example, let’s imagine two identical competing plaintiff’s law firms, each with $2.5 Million in annual revenues, $2.0 Million in expenses, including a marketing

budget of $225,000.

Now, envision this: one firm saves $200,000 a year in operating expenses by offshoring redundant legal support functions, as well as some document production and research. They reallocate the entire amount to marketing. This firm now has a $425,000 annual marketing budget.

Normally, the firm would dedicate 20% of the marketing budget to online marketing ($85,000 of the new budget of $425,000).

The firm has also offshored part of its online marketing efforts, so instead of spending $85,000, they are now spending $40,000 for the same results. The firm chooses to reinvest the $45,000 in savings and more than double its online marketing investment. The end result is the marketing budget equivalent of $470,000, versus the original $225,000 budget.

That is where the overwhelming competitive advantage in offshoring lies. Mid and large firms that fail to embrace it will not be able compete with ones that do. In fact, the margins on smaller bodily injury cases are already so low that it is not profitable for many firms to handle them. By offshoring redundant tasks, you can now handle these profitably and spend more money on marketing and land larger homerun cases. n John Zissu is the President and Founder of LitigatorEdge Marketing. We specialize in high return on investment strategies. For more information on attorney marketing best practices please visit the LitigatorEdge Web site. Article Source: EzineArticles. com/2406190 Attorney Journal Orange County | Volume 102, 2014

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COMMUNITY news nRyan Manning, a partner in Newmeyer & Dillion LLP’s Newport Beach office, has been named to the board of directors at Friends for Fragile X, a Coto de Caza nonprofit that raises awareness and funding to find a cure for Fragile X syndrome, a family of genetic conditions related to mental RYAN MANNING impairment and autism.

Friends for Fragile X is creating a large network of “friends” searching for a cure for the genetic disorder, which affects one in 130 females and one in 250 males. It can cause mental impairment ranging from learning disabilities to more severe cognitive or intellectual disabilities and is the most common known cause of autism.

Manning, who specializes in construction, real estate, business and insurance coverage disputes for Newmeyer & Dillion, was formerly a judge advocate in the U.S. Marine Corps. As a senior prosecutor in the busiest trial section in the Department of Defense, he prosecuted more than 220 accused for a variety of crimes and litigated nearly 10 cases to verdict, winning favorable judgments.

ELIZABETH V. MCNULTY

PATRICK R. BALL

nArcher Norris announced today top-tier litigator Elizabeth V. McNulty has joined the firm as partner, resident in its Newport Beach office. McNulty, formerly a partner at Hewitt Wolensky & McNulty, focuses her practice on product liability and commercial litigation, including employment law matters, and environmental and regulatory litigation and advice. Also joining the firm and expanding its presence in Southern California are associates Patrick R. Ball and Miguel P. Prietto, Jr. “The region’s thriving business community drives the need for continued expansion in Orange County,” said Managing Partner Gene Blackard. “Liz McNulty, along with Patrick Ball and Miguel Prietto, raises the profile of our Newport Beach office as a power player in the legal marketplace.”

MIGUEL P. PRIETTO, JR.

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Attorney Journal Orange County | Volume 102, 2014

FISH & TSANG LLP

nFish & Tsang LLP has been named one of the “Best Places to Work in Orange County,” by a collaboration between the Orange County Business Journal and the Best Companies Group. This recognition is based on an extensive staff survey, and the responses comprised the bulk of the scoring. Fish & Tsang LLP is an intellectual property (IP) law firm with offices in Irvine.

nFisher & Phillips LLP’s Usama Kahf, Boris Sorsher, Lizbeth Ochoa, and in the firm’s Irvine, Calif. office are listed in Southern California Rising Stars as three of the top attorneys in the region for 2014.

Kahf counsels employers in all aspects of labor and employment law, including wage and hour, harassment, USAMA KAHF discrimination, retaliation, employee discipline and termination, and trade secrets. He also regularly advises clients on workplace investigations and employee classification issues, as well as on document retention and preservation obligations under state and federal law.

Ochoa represents employers on various employment-related matters, BORIS SORSHER including discrimination, unlawful harassment, wrongful termination, unfair business practices and wage and hour issues. She has experience litigating employment matters in state and federal courts as well as in state and federal administrative agencies such as the California Division of Labor Standards Enforcement, the California Department of Fair LIZBETH OCHOA Employment and Housing, the EEOC and others.

Sorsher focuses his practice area in all areas of labor and employment law, including defense of class actions. He has successfully represented clients in mediation, arbitration, as well as state and federal court proceedings.

COMMUNITY news nJames L. Morris, a Partner with Rutan & Tucker, LLP, Orange County’s largest fullservice business law firm, has been selected as one of California’s top labor and employment lawyers for 2014 by the Daily Journal, California’s leading legal news provider. Jim was one of 75 California attorneys featured in a special edition of the Daily Journal newspaper.

JAMES L. MORRIS He was also honored at a reception for the award recipients at the Four Seasons Hotel in Beverly Hills. Jim has been involved in matters as diverse as single-plaintiff discrimination and wrongful termination cases, class action wage-hour cases, union organizing, union arbitrations, unfair competition and trade secrets disputes, and numerous pre-litigation resolutions of other disputes on extremely client-favorable terms.

In addition, Jim has been selected for inclusion in Super Lawyers for ten consecutive years (2005 through 2014); and for listing in Best Lawyers in America for six consecutive years (2009 through 2014), all in the field of Employment and Labor Law. nBerger Kahn principal Teresa Ponder, and attorneys Erin Mindoro, and Jennifer Gordon are named in the list of Super Lawyers 2014 “Top Women Attorneys.” They will be recognized in Los Angeles Magazine.

Their recognition to the list of “Top Women Attorneys” in Southern California was based on their inclusion in Super Lawyers as some of the highest-ranked women lawyers practicing in the Southern California area. The Super Lawyers list is a rating service of outstanding lawyers who have attained a high-degree of peer recognition and professional achievement and is only given to less than five percent of practicing attorneys in Southern California.

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Attorney Journal Orange County | Volume 102, 2014

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LOOKING OUT FOR THE BIG GUY JOURNAL

FEATURED CTITIONER NICHE PREAM O OF TH

NTH

2014

R. Craig Scott’s Executive Law Group Exists Exclusively for Senior Executives In Transition

by Jennifer Hadley

F

or many people in Orange County, R. Craig Scott needs no introduction at all. Since 1978, the award winning labor and employment attorney has represented thousands of employers in his roles as attorney and Partner with Sheppard, Mullin, Richter & Hampton (1978—1990); Partner with Pettis, Tester, Kruse & Krinsky (1990—1993) and as Founder and Managing Partner of Scott & Whitehead (1993—present).

Others know him as a public servant, who worked tirelessly for three years to establish Laguna Hills as its own incorporated city.

That of course, is in addition to serving on City Council for 19 years, and even as the city’s Mayor for four terms. He is known for his leadership in his church, including serving as bishop of a ward.

Still others know him as an author and educator, having penned more than 75 columns and articles on labor and employment law issues in various publications. He also authored or co-authored five books on employment law, including Severance Agreements: 6 Steps™ To A Better Deal, the first guidebook in a series of four focusing on severance and employment agreements.

But since 2000, Scott has been renowned as the expert negotiator who C-Level, Senior and Public Executives in transition turn to when it comes to reviewing and negotiating employment contracts and severance agreements. In short, Scott’s days are filled with rescuing senior executives during times of career crises. Indeed, it was his launch of Executive Law Group, Inc. nearly 15 years ago which has propelled Scott to the top of the referral list for attorneys needing to help sophisticated clients in professional predicaments.

A NICHE IN DESPERATE NEED OF EXPERTISE With 20+ years of experience in employment law firms, Scott realized “No one was serving the legal needs of executives in the workplace. Employment law firms were only representing employers, or only rank and file employees. Executives fit in neither group,” he says. As such, the basis for what would become Executive Law Group was born. Since that time, Scott proudly says “the senior executive is our only client.”

Saying that Scott had alighted upon an underserved niche is a gross understatement. “As far as my partner Brian Cole and I know, Executive Law Group is the only firm in the country 12

Attorney Journal Orange County | Volume 102, 2014

that specifically focuses on public and private sector senior executives. While other firms may include executive services on their list of practice areas, we have found no other firm that works with senior executives exclusively,” Scott says.

Executive Law Group was successful almost from the start, largely due to Scott’s vast experience in representing employers, which gives him firsthand knowledge of how employers tend to deal with executives’ employment issues. He also understands the sensitive nature of negotiation when it comes to severance or contract complications and tailors his level of visible involvement to his clients’ preference.

To that end, there are many cases in which Scott’s or Cole’s work is entirely behind the scenes. “Sometimes our client doesn’t want to reveal our existence, for fear it may polarize the parties for us to negotiate directly with their employer. We are happy to remain confidential, and work to lay out our plan without their employer ever knowing we were involved in helping to negotiate contracts and packages,” Scott says.

Yet Scott is also more than willing to speak directly with inhouse attorneys or the employer’s outside counsel, at the client’s request. In these cases, more often than not, due to his longevity and reputation in the field, the attorneys are quite familiar with Scott’s experience and reputation for tenacity. “I serve our clients well by tenacious asking. When the other side may think the negotiations are concluding, I push for ‘just one more’ deal point, such as an attorneys’ fees allowance, a pro rata bonus or totally employer-paid COBRA continuation benefits coverage,” he says. “I am known for ‘never give up’ pursuit of our clients’ objectives,” Scott says simply. “That’s how I have to be.”

In other cases, Scott is willing to take on very public roles particularly when it comes to working with public employees, such as city managers. By way of example, Scott once represented a city manager in Orange County who was first placed on administrative leave and then terminated by the city council. Scott won a court-ordered reversal of the termination and then defended the city manager against the city’s lawsuit which charged him with self-dealing and mismanagement. In this case, the manager had sought out Scott due not only to his reputation as an expert in

© christopher TODD studios

Attorney Journal Orange County | Volume 102, 2014

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© christopher TODD studios

Brian E. Cole; Partner, R. Craig Scott; Managing Partner and Clarence Carter; General Manager.

his field, but also due to his own experience as a publicly elected official. Scott served not only as attorney for the case (ultimately negotiating a substantial settlement for the client) but as the client’s public spokesperson as well. Furthermore, the case resulted in state-wide reforms in how public administrators receive and account for job-related benefits, administer compensation and benefits for subordinates and apprise publicly-elected officials of their decisions and conduct.

What is incredibly clear to Scott, no matter whether clients need him behind-the-scenes or on the scene, time is of the absolute essence when it comes to executive matters. As such, he has gone to great lengths to ensure that Executive Law Group is synonymous with efficiency.

EFFICIENT ENGAGEMENT, IMMEDIATE ACTION, SWIFT RESOLUTION

“Clarence Carter, ELG’s general manager conducts all preengagement discussions with prospective executive clients,” says Scott. “During the discussion he performs a conflict check, listens to the client’s story, explains how the firm works, and its rates, engages the clients and directs them to prepare a narrative of their story, so that the client is packaged and on my desk before I spend even one minute of time billing them,” he says.

“The efficiency of this process allows ELG attorneys to focus their time on client work rather than on sales and marketing.

After fourteen years of engaging clients this way, we wouldn’t imagine doing it any other way,” Scott says.

As soon as the client’s crisis has been identified, Scott’s work begins immediately. In many cases, he is on the phone with the client within 24 hours of the initial contact. “We conduct 99% of client matters over the phone and via fax and email. I’ve worked 14

Attorney Journal Orange County | Volume 102, 2014

with thousands of senior professionals throughout California, but have met less than 5% of them in person,” he says.

The short term engagement appeals not only to his clients but to Scott as well. “10 hours is a long engagement for us,” he says.

“It may be spread out over one or two weeks, but rarely do we work with a client for longer than three weeks. I enjoy that this work is fast moving. It keeps my work feeling fresh, which I prefer in contrast to litigation which can drag out for years,” he adds.

If it sounds like Scott has found everything he’s looking for at this stage in his legal career, it’s quite frankly, because he has. “I enjoy looking out for those that nobody else looks out for. By and large the people I get to work with are incredibly bright, capable people, and to assist them in times of crisis is very rewarding,” he says.

In regards to the future, Scott has no plans to change direction now. With more than 2,000 extremely satisfied clients, Scott plans to keep doing exactly what the firm has been doing so successfully. “We’ve been developing our brand for almost 15 years, and our plan moving forward is to continue to do good work, because our business is almost entirely referral based.

We know that as long as we continue to provide the strategic negotiations and much needed solutions that executives in transition or crisis need, we will continue to grow,” he says. n Contact: Clarence Carter, General Manager Executive Law Group, Inc. www.execlaw.com contact@execlaw.com 888-920-EXEC (3932) 1301 Dove Street, Suite 1000 Newport Beach, CA 92660

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DTIGlobal.com Attorney Journal Orange County | Volume 102, 2014

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An Attorney for ALL SEASONS ATTORNEY

OF THE MONTH

2014

Jeff Matsen has spent 5 decades protecting wealth, assets and family legacies for high net worth families throughout California and across the globe.

by Jennifer Hadley

“F

amily means everything to me. It is one of the main reasons I chose to specialize in protecting families and their legacies,” says Jeff Matsen, founding partner of Matsen Voorhees LLP, and one of Worth Magazine’s Top 100 Attorneys.

Continuing he says, “My wife Susan and I are blessed to have seven children and 17 grandchildren. I am very proud of the time and effort my wife and I have spent to develop and build up the strong family foundation and unity we enjoy. I have won several professional awards, but the award that I treasure most was being designated as the ‘Orange County Father of the Year’ in 2007. In actuality however, the award should have gone to my wife. Our children are all best friends and have married individuals with like values and lifestyles. I am so fortunate to have such a wonderful family with an amazing wife and welladjusted, happy and responsible adult children.”

Indeed Matsen’s love of family pushed him to want to help other families protect all that they had worked for over the years. “I decided I wanted to focus my talents in the estate planning field because I really like helping people preserve, protect and increase their assets and I enjoy developing strategies and techniques for passing on their legacy to their families,” he adds.

A TIME TO SOW Yet, before Matsen even became a father and grandfather, he was developing life skills that would eventually help to make him so relatable to clients. Beginning with a Mormon mission to Brazil in his early twenties, “At a time when most guys were 16 Attorney Journal Orange County | Volume 102, 2014

thinking of girls, cars and school, I was spending time thinking about how to help other people,” he recalls. In fact, it was this desire to help others that helped steer him in the direction of transactional work, rather than the more adversarial fields of law such as litigation. “My father was a CPA, and my uncles were all businessmen. So business and finances kind of ran in the family,” he says.

After completing his mission work, and undergraduate degree, Jeff says, “I was fortunate enough to graduate from UCLA Law School with honors and was recruited by several of the leading LA area based law firms. I chose one of these firms because of its business, tax and estate planning background,” he recalls. Yet a previous commitment to the United States Marine Corps would force him to temporarily change course, and take a leave of absence, something that turned out to be a great benefit to him professionally and personally.

“I had to go to Officer Candidate School and later spent six months in Basic School in Quantico, Virginia. Thereafter, I attended the Naval Military Justice School, and finished up the remainder of my three year tour of duty at the El Toro Marine Base in Orange County. I started out as defense counsel and won my first case, and was made the Chief Prosecutor. Because of the buildup brought about by the war in Vietnam, I finished up my tour of duty as the Military Judge for the Marine Base, a job usually handled by a Colonel, whereas I was still a young Captain,” Matsen says.

During his tenure as a Judge Advocate, Matsen capitalized on an opportunity to moonlight as a teacher at Western State University College of Law, an experience he recalls fondly. Not

© christopher TODD studios

© christopher TODD studios

only did he like teaching estate and business planning, but he enjoyed the process of writing his own materials for the course.

Ultimately, Matsen would wind up spending 15 years teaching law school at night.

In the meantime, Matsen would begin the journey of fatherhood. Early on in his experience, he realized the value of hands on involvement with his children. His love of sports and working with youth propelled him into a twenty three-year “career” of coaching Little and Pony League Baseball and Youth Club Basketball. “I absolutely love coaching,” Matsen says “and it paid off in huge dividends with the fantastic relationships I have with my children and their friends. I tried to spend individual time with each of my kids and I am so blessed to have the special affinity I have with each of them. Even now, although they have their own busy lives and activities, we stay in constant contact. My wife is my best friend and my children come next. Family means everything to me. I am totally invested in my family.”

NURTURING RELATIONSHIPS Matsen’s own experience in building relationships on his Brazilian mission, in the Marine Corps, as a teacher and coach had conclusively shown him that in his line of work, relationships were worth their weight in gold. This idea was reinforced by one of the many “Good people I’ve been fortunate to surround myself with, over the years,” says Matsen. In fact, he believes that the best advice he ever received as a young attorney was to “Invest time in developing personal relationships not only 18 Attorney Journal Orange County | Volume 102, 2014

with clients but also with colleagues and referring partners,” he says. Today, Matsen shares that same advice with the young attorneys he mentors and co-counsels with. “I always tell estate planning attorneys that the most important thing they need to do is to understand the importance of personal relationships and the efforts that must be made to invest in building such relationships.”

For the next several decades, Matsen would work primarily as a solo practitioner, developing a reputation as the goto attorney for high net worth individuals needing to set up and form corporations, limited liability companies and partnerships of all types. He would provide ongoing business, tax and legal advice, including strategic planning and executive coaching. He would prepare living trusts, wills and other related estate planning documents, as well as do probate and trust administration and the preparation of estate tax returns and necessary accompanying documentation.

As a result, his knowledge of international law and asset protection became highly coveted, and he developed a niche practice serving professionals including physicians, attorneys, professional consultants, business owners and executives, and real estate investors. In one case, Matsen’s work in winning a case against the IRS before the US Tax Court had been documented in Time Magazine, only adding to his recognition as an expert in the field.

Not surprisingly, Matsen’s skills and the rave reviews of his clients and peers began resulting in awards including a “10/10 Superb” rating by Avvo, and an AV-Preeminent rating

by Martindale-Hubbell. He’s been named a “Super Lawyer”

by Los Angeles Magazine in addition to being named a “Top Attorney” by OC Metro Magazine. Matsen has also been rated

by US News and World Report as one of the best tax planning attorneys in the country. Yet by 2000, Matsen was ready to up his game even more.

CULTIVATING BEST BUSINESS PRACTICES With a place secured amongst the world’s top experts in his field, Matsen decided to capitalize on his standing by taking stock of his own business practices. “I’m not a numbers guy.

I’m a big picture guy,” says Matsen. To that end when looking at the big picture of his own career he saw that he was ready to take his business to a new level. “My kids were grown up, and Susan and I were empty nesters. I had a vision of where I wanted to be, and I decided to take it up a level.”

Matsen began by focusing on fortifying his brand, and implemented a four step strategy to increase his personal brand awareness, outside of his existing network. “I built up a strong online presence, recognizing that the internet was going to be the route that many people would take to find estate planning attorneys. I saw it wasn’t just a trend, people of all ages were going to search the web,” he says.

He also increased the number of continuing educational seminars he participated in. “This gave me the incentive to write material, and attendees wanted it. I started getting more

Jeff and Susan with their children and grandchildren

referrals, and began doing more local seminars, and national seminars via television or the web,” he says.

Matsen also attributes his membership in WealthCounsel® as instrumental in helping take his practice to greater heights.

“WealthCounsel® produces its own software, provides practice building information, and offers opportunities for more seminars. I became more well-known through my membership,” he explains. Finally he says, he worked on strengthening his relationships even more. “I have a very diverse background, and people can relate to me as a former Marine, teacher, coach and mostly as a father and grandfather. People who have great wealth are very concerned about protecting it for their children and grandchildren,” he adds.

As far as protecting that wealth is concerned, no one is better versed in the field of asset protection planning than Matsen.

In 2012 he published the book The Ladder of Success: An Estate Planning Primer. The book went on to win the 2012 Elite Awards Gold Medal in the Finance/Investment Economics field, and the ABA took notice. As the result, later this year an updated and revised version of the book titled The ABA Consumer Guide on Asset Protection Planning will be released through the American Bar Association.

REAPING THE FRUITS OF HIS LABOR By 2012, Jeff Matsen’s career was at an all-time high, but he saw an opportunity to further secure his position as one of the

Contact: Jeff Matsen Matsen Voorhees LLP www.jrmatsen.com www.mvmlawyers.com jmatsen@mvmlawyers.com 714-384-6580 695 Town Center, 7th Floor Costa Mesa, CA 92626

EXPERIENCE

top estate planning attorneys in the nation. This came in the form of establishing a new firm with partner Tim Voorhees.

“In January of 2012, I was fortunate enough to combine my practice with that of Tim Voorhees, a nationally recognized estate and tax planning attorney. Tim has written books, given seminars and training courses on a national level, and provided wealth, estate and charitable planning for multimillion dollar estates for over 35 years,” Matsen says proudly.

With that, Matsen Voorhees LLP was born, and since that time, Matsen says the partners have continued to look for ways to grow while maintaining the premium level of service their clients have come to expect. “Our firm has a unique and highly organized method of processing and tracking our services so that we can keep our clients informed and measure the progress we make on each different case matter. Our processing methods are truly innovative, but what might be most different about our firm is the ability we have to integrate cutting edge strategies along with time tested concepts to benefit our clients in the areas of estate, asset, business and income tax planning,” Matsen says.

By way of example, he reports that the firm has realized great success in implementing domestic and/or offshore asset protection modular structures utilizing asset protection trusts and limited liability companies. Another tactic that has earned Matsen Voorhees LLP the respect of referring attorneys and clients is the way they are able to take advantage of strategies which allow clients to transfer wealth to their children and grandchildren in an estate tax saving manner.

Clearly, Matsen’s dedication to grow himself and his firm has paid off, and the last thing on his mind is slowing down.

Even with decades of success under his belt and international recognition for his expertise, Matsen sees no end to his work. “I have a lot of energy and I have always worked hard. Our firm is growing and will continue to grow over the next several years.

Tim, and the rest of our staff are all extremely competent and driven for success. Matsen Voorhees will continue to grow and be a major force in the estate planning area for years to come,” he says. n

» EDUCATION • Brigham Young University, B.A., cum laude, 1964 • University of California at Los Angeles, J.D., with honors, 1967

» ADMITTED • 1968, California and U.S. District Court, Central District of California • 1972, U.S. Tax Court • 1974, District of Columbia and U.S. Supreme Court

» MEMBERSHIPS • State Bar of California; American Bar Association (Member, Real Property, Probate and Trusts Sections)

» MILITARY

• Capt., USMCR, 1968-1971

» AWARDS & DESIGNATIONS Jeff has been designated by Worth magazine as one of “America’s Top 100 Attorneys,” by Los Angeles Magazine as one of California’s “Super Lawyers” and by OC Metro magazine as one of “O.C.’s Top Lawyers.” The Nationally Renowned Attorney Rating Service, ‘AVVO’ has rated Jeff a perfect “10/10 Superb.” An award winning author of the book, The Ladder of Success: An Asset Protection Planning Primer. . Jeff was commissioned by the American Bar Association (ABA) to revise his book and the ABA published it as ABA Consumer Guide to Asset Protection. He has continued to achieve the highest “AV rating” and has been designated a “Preeminent Lawyer” by the only other prestigious attorney rating directory, Martindale-Hubbell. Furthermore, the Father’s Day Council of Orange County and the American Diabetes Association honored Jeff as the “Orange County, California 2007 Father of the Year.”

» LANGUAGES 20 Attorney Journal Orange County | Volume 102, 2014

• Portuguese

LAW FIRM BRANDING the danger of illusory brands

by Henry Dahut

OVER THE LAST TEN YEARS, WE HAVE WITNESSED ADVANCES IN LAW PRACTICE TECHNOLOGY, THE EXPANDING ROLES OF PARALEGALS, AND THE OUTSOURCING OF LEGAL WORK. YET DESPITE ALL OF THESE COST-CUTTING AND TIME-SAVING ADVANTAGES, MANY LAW FIRMS, ESPECIALLY THE LARGE ONES, REMAIN STRUGGLING FOR THEIR VERY SURVIVAL. Only a decade ago, law firms were enjoying remarkable levels of growth and prosperity. Firm coffers were full and firms were spending significant sums of money on promoting themselves in order to enter new markets and acquire premium business.

Some firms even began experimenting with branding. In those days, branding was mostly viewed as just another form of advertising and promotion. In truth, firm leadership rarely understood the branding process or what the concept of branding was actually intended to accomplish. But it didn’t really matter, revenue was climbing and profitability remained strong. But what so many of these firms didn’t expect was that, in just a few years, our economy would be shaken by a deep and fierce recession, one which would shake the financial foundations of even the most profitable of firms.

For law firms, the recession that began in 2007 had, by 2010, penetrated the most sacred of realms—the proverbial benchmark of a firms standing and achievement—profits-per-partner. For many firms, especially mega-firms, the decline in law partner profits were reaching record lows and it wasn’t long until the legal landscape was littered with failed firms both large and small.

In trying to deflect further losses, firms began to lay off associates and staff in record number. But the problems went much deeper.

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There simply were too many lawyers and not enough premium work to go around. It was a clear case of overcapacity, and it was also clear it was not going to improve anytime soon.

More than twelve of the nation’s major law firms, with more than 1,000 partners between them, had completely failed in a span of about seven years. Against this background, law schools were still churning out thousands of eager law graduates every year. Highly trained young men and women who were starved for the chance to enter a profession that once held the promise of wealth, status and stability.

As partner profits dwindled, partner infighting grew rampant.

Partner would compete against partner for the same piece of business. The collegial “team-driven” identity and “progressive culture” that firms spent millions of dollars promoting as their firm’s unique brand and culture had vanished as quickly as it was created. While financial times were tough, in truth, many of the big firms had the resources to survive the downturn. But instead, partners with big books of business were choosing to take what they could and joined other firms—demoralizing those left behind.

To understand why this was happening, we must first remove ourselves from the specific context and internal politics of any one firm and consider the larger picture. The failure and decline of firms was not only a crisis of economics and overcapacity, it was also a crisis of character, identity, values and leadership. Sadly, the brand identity many of these firms pronounced as their own did not match up against the reality of who they actually were. In other words, for many firms, the brand identity they created was illusory—and illusory brands ultimately fracture in times of financial stress.

Ultimately, the branding process must also be a transformative process in search of the firm’s highest and most cherished values.

It is, and must be, a process of reinvention at every level of the firm—especially its leadership. The transformative process is

fundamental to building a true and enduring brand. Without it, firms run the risk of communicating an identity that does not represent them, and this is the danger, especially when the firm is tested against the stress of difficult times.

How this miscommunication of identity was allowed to happen varied widely from firm to firm. But generally speaking, while firm leadership was initially supportive of the branding process, in most cases these same partners were rarely willing to risk exposing the firm’s real problems in fear that it would expose their own.

While decline of law firm revenue was clearly attributable to both a bad economy and an oversupply of lawyers, from an internal perspective the firm’s inability to come together and develop effective measures to withstand these pressures could usually be traced directly back to the lack of partner leadership.

A firm that proclaims to be something it is not—is inevitably doomed to failure. Say nothing of the psychic damage it causes at the collective level of the firm. It is no different than the psychological dynamics of the person who pretends to be someone he is not—ultimately it leads to confusion, frustration and eventually self-betrayal.

It’s easy to indulge in self-praise when economic times are good. Some partners might even attribute their success to all that clever branding they put into place years before. But, when the threat of financial crisis enters the picture, the same firm can quickly devolve into self-predatory behavior—a vicious cycle of fear and greed that inevitably turns into an “eat-or-be-eaten” culture—which for most firms marks the beginning of the end.

For any firm playing out its last inning, it is simply too late to rally the troops or reach for those so-called cherished values that were supposedly driving the firm’s success. In truth, when times got bad, these values were nowhere to be found, except on the firm’s website, magazine ads and brochures.

The point is that when a firm is actually driven by its cherished beliefs and core values, the firm will begin to live by them, especially in times of adversity. The firm will pull together and rally behind its leadership, and with clarity of purpose, each person will do what needs to be done to weather the storm. But when there exists a fundamental contradiction between what a firm says they are, and how they actually conduct themselves both internally and to the world—the vendors with whom they do business and the clients they represent—the firm will never reach its full potential. It will remain dysfunctional and it will risk joining that growing list of failed firms.

The financial collapse and deterioration of so many law firms in the past few years is a compelling testament to the importance of insisting on truth and integrity in the branding process.

In 2014, it is clear that business-as-usual in our profession is no longer a sustainable proposition. For this reason I am convinced that firms driven by fear and greed are firms destined to eventually self-destruct. That is because, no matter how much these firms try to brand, they will never be able to brand

truthfully, and therefore they will never be able to compete against more progressive and enlightened firms—those that do not worship wealth and power, but rather cherish personal and professional fulfillment.

There is a choice for those who believe their firm is worth saving—reinvent yourself to reflect values that are truly worthy of cherishing, or risk devolving into something less than what you aspire to be and risk your firm’s heart and soul in the process.

We as lawyers have the opportunity, indeed the responsibility, to play a valuable and constructive role in this transformative process. And, within this process, we finally have the chance to redefine our profession. I speak of what Justice Berger referred to when he urged our profession to become “healers of human conflict.”

I often wonder what it would be like professionally if we were viewed by the public as healers of conflict rather than perpetuators of conflict. I wonder what practicing law would look like and what values and choices we would make as healers.

Perhaps we would choose values like union over division, inclusion over exclusion, and wisdom over cleverness.

Admittedly, it is not easy to think of the legal profession as being made up of healers. It takes some imagination, and yet personally, the very idea of it actually materializing in my lifetime or even in my children’s lifetime deeply moves and inspires me.

To accomplish this we must move from a state of dreaming to a state of believing. To a state of living out the values we have chosen to embrace. It dares us to be more than what we ever thought possible both personally and professionally.

The question is whether we shall lead the process of change or whether we shall lag behind it, still chained to those self-serving stale beliefs that no longer serve us as a society and which have kept us from realizing our greater potential as a profession. I know where I stand on this issue. How about you? n

Attorney Henry Dahut is a strategic planning and brandmarketing specialist who works with the leadership of some of the largest and most profitable law firms in the world. Henry has worked with both large and small firms including: Gibson, Dunn and Crutcher; McCarter and English and Heller Ehrman.

Henry is the author of the leading practice development book, Marketing the Legal Mind—a work that has been recognized by Martindale-Hubbell as “…a compelling roadmap to growing a law practice.” Henry’s newest book, Law Firms 2020—Firms of the Future, is scheduled for release later this year. Henry is a special advisor to the State Bar of California, Law Practice Management and Technology Committee, and has been a member of the California State Bar since 1986. Article Source: EzineArticles.com/?expert=Henry_Dahut

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the settlement of the case. Thus, I created and designed a client loyalty program within my firm that accounts for approximately 33% of my new clients, many of which were referred by clients I represented over 15 years ago. Ask anyone at my firm and they will vouch that my development of client loyalty versus client satisfaction is non-negotiable. I don’t care how much money you generate, you are tasked with creating client loyalty.

LAWYERS Generate a Million Dollars in Additional Income for Your Law Firm

by Ken Hardison

T

oday’s lawyer is so focused on getting the message out that will persuade the potential client to call the firm; the lawyer fails to look within to see if a change in the thought process, management, or delivery of the product can create new clients. From someone who spends a great deal on marketing, I have become quite savvy on how to generate free clients.

Traditionally, the client used to have one lawyer who handled everything. Then, due to fast paced technology, coupled with a much smarter client, lawyers could not depend on repeat business. The advent of lawyers doing marketing by touting cheaper rates or other hooks knocked the old- time family lawyer right off the top rung. Those lawyers today are still trying to figure out what went wrong and how to change the practice in order to meet the 21st Century’s client consumer.

Today’s firm marketing has to be more than yellow pages, television, or other media markets. Firms must simply figure out what the client wants and deliver it in such a fashion that they become mini-marketers for your law firm.

Today’s client wants more than just a lawyer. I don’t recall one client who has asked me where I went to law school, what my class ranking was, or even if they could see my law license.

Clients were looking for me to get on their level, talk to them, and be available to them.

I’m a keeper of statistics, and it became apparent when we implemented our strategic plan back in 1997 that my most valuable commodity was my high rate of client rapport. A good portion of my business came from clients who genuinely liked me, and told everyone about me long after their case was settled.

Over the years, I started noticing that there was a big difference between ‘just satisfying’ the client with the right results, and developing a relationship with the client that lasted far beyond 24

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CLIENT LOYALTY IS NOT THE SAME THING AS CLIENT SATISFACTION!!!

As you know, excellent service leads to client satisfaction, which is an essential element in creating client loyalty. A client can be satisfied with the results but still feel no personal tie to you or your firm.

Client loyalty is a concept that includes five things: 1. The overall satisfaction of client’s experience when doing business with a law firm.

2. The willingness to build a relationship with you and your company.

3. The willingness to be a repeat client.

4. The willingness to recommend you to others.

5. The reluctance to switch to another law firm.

CLIENT TURN-OFFS: Client turn-offs arise when employees (and I mean lawyers as well as non-lawyers) fail to communicate well, both verbally and non-verbally. Some examples of client turn-offs are: 1. Failure to greet or even smile at a client.

2. Failure to see the client on time.

3. Inaccurate information given or lack of knowledge conveyed.

4. Failure to give full attention to the client either while on the phone or when meeting them in person.

5. Rude or uncaring attitude.

6. Inappropriate, dirty, or sloppy appearance at the workplace.

7. Any communicative message that causes the client to feel uncomfortable.

Surveys completed by the U.S. Office of Consumer Affairs revealed these interesting facts (within this article client and customer are inter-changeable): 1. One client in four is dissatisfied with some aspect of a typical transaction.

2. Only 5% of dissatisfied clients complain to the company.

The vast silent majority would rather switch than fight. They simply take their business elsewhere.

3. A dissatisfied client will tell 10 to 20 people (12 is the average) about a company that provided poor service. Some people will tell hundreds or even thousands.

How does this affect our business? If 25% of our clients are unhappy or unhappy with our service, but only 5 % of that 25% bother to complain, the impact can be devastating.

Let’s take a typical injury law firm that signs up 1000 clients per year. If 250 clients are unhappy but we only hear from 5% of that 250, which is approximately 13, that may sound good

to everyone until they realize that the 237 quiet ones are likely to tell 2,844 people (237 x 12 = 2,844). Adversely, if a client is completely satisfied, he might tell 1 to 3 people or an average of 2.

Back in 2004, my statistics showed me that there were three major sources of clients in my firm, and it broke down as follows: 421 cases or 41% were TV 140 cases of 14% were from our website 340 cases of 33% were from personal referrals Now let me tell you the cost of getting those referrals. TV cost approximately $900 per client in real dollars. The website cost approximately $500 per case to get them in the front door. And last but not least, personal referrals cost absolutely nothing.

Which type of referral would you think I want?

What is also important to note is that of the 340 personal referrals that we signed up, we only had 823 referrals, which means that we had a 41% success rate in signing up personal referrals. In TV advertising, we had 2,333 calls and signed up 421 new cases. This was a conversion rate of 18%. Our website yielded 1,268 inquiries and only 140 signups, which is only an 11% conversion rate. You can clearly see that the personal referrals are already sold on our services when they seek us out.

They’re not just shopping around for attorneys or trying to find out information. They come to us wanting our services. This also costs the firm less time and money in converting these calls to actual cases. Now I ask you, which do you think is the most cost effective form of advertising we do in the firm and also yields us the greatest conversion rate? It is clear...the personal referrals from our old clients and people we do business with.

Now let’s go to the actual dollar cost for an unhappy client.

As I stated earlier, out of 1000 clients, if we go by the national average, we have approximately 250 unhappy clients. Of those 250 clients, 95% never express discontent, but also never come back or refer any clients. Thus, we have 237 people who could have spoken to at least 474 people and referred us, which on the average would have converted 41% or 196 clients. In actual costs, just look at the following: If we had to replace these clients with TV advertisements, the cost would be $176,400. But better yet, let’s think of the lost income. If we average $4000 a fee and we lose 196 potential clients, then we have lost approximately, $800,000 in revenue for the year. n

BASED ON THE ABOVE, IF WE FOLLOWED THE NATIONAL AVERAGE, LOST REVENUE WOULD BE OVER $1,000,000.00 Ken Hardison practiced injury law for over 27 years, and built one of the largest Personal Injury Law Firms in the state of North Carolina, Hardison and Cochran. Although he retired from actively practicing law, he still participates and consults with Ben Cochran regarding the marketing of the firm. Ken is also the founder and President of PILMMA (Personal Injury Lawyers Marketing and Management Association). PILMMA is a marketing and management association dedicated to personal injury lawyers and disability attorneys. To learn more, visit www.PILMMA-Blog. com. Source: EzineArticles.com/2406107

Areas of Expertise Business/Commercial • Class Action Complex Litigation • Construction Employment/Wage and Hour Insurance Coverage/Bad Faith • Intellectual Property Legal Malpractice • Medical Malpractice Personal Injury • Probate Real Property/CEQA/Land Use • Wrongful Death

Past President: San Diego County Bar Association 2014 President of the San Diego Chapter of the American Board of Trial Avocates (ABOTA) Listed in The Best Lawyers In America, Super Lawyers and Top Attorneys 26 Years of Experience as a Mediator and Arbitrator 34 Years of Extensive Civil Litigation Experience Representing Plaintiffs and Defendants

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TIP 1 LOOK AT YOUR COMPETITORS

You don’t want your law firm to look like the other law firms in your practice area and location, lest your firm be unmemorable to the client. The last thing you want to do is confuse the client with what sets your firm apart from everyone else.

See what you like about their logos. Make notes. Try and gauge how their logos make you perceive their law firms.

Do their logos make the firms appear professional or do they seem like the firms are unremarkable? Think about what you like and don’t like about these firm logos when deciding on how your own logo is going to look.

TIP 2 MODERN OR TRADITIONAL? DECIDE ON A THEME

5 TIPS for the BEST LAW FIRM LOGO

by Andrew Cabasso What does your law firm logo suggest to your potential clients?

You only have one chance to make a first impression. Upon meeting a new or prospective client and exchanging business cards, the client will get an impression of your firm based on the law firm logo alone.

So, what does your logo say about your firm?

Your law firm logo represents your law firm to the outside world.

Every seemingly insignificant aspect of it makes an impression on the client. Font. Color scheme. Name arrangement. Text size.

Spacing. Inclusion of a scale or gavel image.

Looking at your business card and firm logo, your client gets an impression. Your client forms an idea in his or her head of what your firm stands for. Is your logo modern or traditional? Does it make you look frugal and indifferent, like you made the logo yourself in Microsoft Word or does it look like you value your reputation and appearance, and had a professional designer create the logo?

Before approaching a logo designer or creating the logo yourself, there are some very important steps you can take to get a clear picture of what the logo should entail and how it should represent your law firm.

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Do you want your logo to be modern or traditional?

These are the two main theme options for law firm logos. This usually means the difference between serif and sans-serif font.

What does that mean? Open Microsoft Word or Google Docs.

Type your law firm name in Times New Roman, Georgia, or Garamond font. Then, type your firm name again in either Arial or Helvetica. The first three fonts are considered serif fonts because you can see they have little lines on the bottom and sides of letters like A, B, and C. The sans-serif fonts do not have these lines. Serif fonts are associated with newspapers, considered more traditional fonts. Sans-serif fonts are associated with Internet content and are considered modern. Do you want your law firm to have the appearance of a traditional, storied practice or do you want it to appear sleek, adaptive, and modern? The choice is yours.

TIP 3 CHOOSE A FONT

Now that we’ve decided whether to go serif or sans-serif, we need to choose which font is going to represent the firm. First thing’s first, it should be noted that you should NOT use a commonly used font. Arial, Helvetica, Times New Roman. People see these fonts every day. Whether they recognize them immediately as Arial, Helvetica, or Times New Roman, people know these fonts.

They see Times New Roman while reading the newspaper. They see Helvetica when getting on the subway. They see Arial while reading websites. These fonts do not make an impression anymore.

There are many sites where you can download fonts for free. Google has a directory of free fonts, most of which you’re guaranteed to not have come across. Take a look around. Use the Google Font tool to test out your law firm name in different fonts and compare them side by side.

One last tip on choosing a font: Don’t be indecisive. While two or three fonts may look similar to you, your clients will never know the difference when you choose a font for your law firm logo. They will never know that it was down to three similar fonts.

The client will likely not be influenced any differently by similar looking fonts. You may want to ask someone else for their opinion on two or three fonts, but make a choice and stick with it.

TIP 4 CHOOSE YOUR COLORS

Online you can find many color wheel tools useful to help web designers choose color schemes. Click on a primary color and they will suggest complementary colors. Just make sure that you use a color selection helping tool. Otherwise, you may end up picking two colors that just don’t work together.

When picking colors try avoiding those of a law firm in your practice area and region. You want to make sure you stand apart in the mind of the client. If you think every color combination has been taken by the firms in your region, just ensure that your logo look different to distinguish you from your competitors.

TIP 5 IMAGES OR NO IMAGES?

Often a law firm logo entails an arrangement of the names of the partners. Sometimes it’s an abbreviation of those names.

Other times, the logo includes a tried and true symbol of the legal profession—the scales of justice—or a gavel—alongside the partner names.

Generally, I hate the scales of justice and gavel. They’ve been played out. They’re overdone. They’re sickening. They’re unimaginative.

If you are going to include an image alongside your partner names, why not include a memorable image that represents your law firm, conveys professionalism, and also originality? You can do this by including an image, if you so choose, of the initials of the firm partners’ names. If the firm is Crane, Poole, and Schmidt, you could have a small CPS initialed logo. This is a more modern element to law firm logos, differentiates the firm, and also looks professional.

So, if you are going to include an image, consider shelving the gavel and scales for something a bit more contemporary and unique.

CONCLUSION

With all of these tips in mind, you’re ahead of the game. Whether you decide to make a logo yourself or approach logo designers, you know what you want your logo to convey. You know the message you want your clients to receive. You know how your competitors look and how you’re going to look different. Now, you can clearly envision what your logo is going to look like without having to get wildly different designs from a designer that won’t be useful for your firm.

If you are proficient at Photoshop, I would suggest taking a shot at creating a logo yourself. If not, maybe you should consider hiring a logo designer. In this crowdsourcing era of Internet technology, logo designs can be incredibly inexpensive.

There are many sites now like 99designs.com where you can crowdsource your logo design, having up to several hundred design mock-ups sent to you by freelance designers, with you choosing and paying for your favorite.

Good luck. n Andrew Cabasso is a practicing attorney and co-founder of JurisPage, an Internet Marketing firm specializing in online presence solutions for law firms including website design, SEO, and search marketing. He has given many lectures and CLEs on website design and Internet marketing to legal professionals. He is on the Committee for Information Technology in the New York City Bar. Article Source: EzineArticles.com/?expert=Andrew_Cabasso

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27

How About a Joint Venture? A Twist on Referrals for Small and Solo Law Firms

by Samira Mery Lineberger

A

very old and common technique for building business is to ask for and give referrals. Every year I get at least a handful of letters and brochures from law firms seeking referrals on their areas of expertise. I also know many lawyers, solo practitioners in particular, that refer business that comes their way, when it involves areas of expertise or resource commitment they are not comfortable with.

If you are a small or solo firm and would like to get more out of case referrals, there is an alternative to sending them out the door. Consider joint venturing cases you might otherwise refer.

The amount of solo firms in California is substantial. The areas of practice for these firms vary widely. Why not ask someone to work with you on a case instead of just farming it out? Here are six reasons why this option can be beneficial: 1 It allows you to earn fees on a case you might not otherwise be able to handle. When I get a case in the door that I may be reluctant to take on because I either lack the resources (i.e. money and staff) or experience to handle it properly, but I would otherwise be very interested in taking, I will usually look for a lawyer with the expertise or resources I am lacking to join me in the representation on the case rather than just refer it. Most solos, even very successful ones, will be very open to taking a case on a joint venture if the case has the financial potential to justify it.

2 If you refer a case, you still need to stay sufficiently involved to protect your referral fee and satisfy the requirements of the code of professional responsibility. If you joint venture the case, although you will likely be committing more time and 28 Attorney Journal Orange County | Volume 102, 2014

effort to the case than with a referral, you will also earn a higher portion of the fee. If you are trying to grow your business, keeping more of the fee can be crucial.

3 If you refer a case because you do not feel you have enough experience to handle it on your own, you reduce your opportunity to ever acquire that line of experience. If it is an area that you receive frequent inquiries, or would like to handle more of, a joint venture can be a great alternative. You work closely with someone who knows the area of law while you earn a higher-than-referral fee, and eventually you will be qualified to handle that type of case on your own.

4 If you have experience in an area that because of the customary fee structure, requires substantial financial investment (i.e. the firm covering expenses), consider asking a firm with adequate resources to invest and joint venture the case with you. If the case is a good investment, most firms with the financial resources will still be interested in taking the case on a joint venture.

You provide a bulk of the man hours, while they share their knowledge, expertise and finances with you for, let’s say, half the fee. When I’ve had the opportunity to take in such a case, I have never had trouble finding a joint venture partner to split the fee based on their financial backing and second chair legal support.

A good investment is a good investment.

5 If you joint venture a case instead of referring it, you are more likely to be in a position to receive additional business or referrals from your client. When you send a case to another firm, assuming that firm does a reasonable job, that client may be more inclined to refer that firm in the future rather than your firm.

A good lawyer will develop a bond with their client throughout their representation. Unless, you already have an otherwise very strong relationship with that client, the relationship that client develops with the referred lawyer will likely be more vivid in their mind than the previous relationship with you, so when the client has additional needs or an opportunity to refer, chances are the lawyer you referred will get the new business or referral. Many experts on the subject of marketing agree that the best way to develop business is first through your existing clients. The more clients you can keep in the fold, the greater potential for repeat business or referrals from them.

6 By pulling another lawyer into a case, you also increase the likelihood that the lawyer you joint venture with will reciprocate by asking you to joint venture with them on one of their cases, or possibly even out right refer cases to you. It is a win/ win for both lawyers because it expands the work for both firms by providing the benefits of shared skills and experience while maintaining separate practices.

Of course there is the down side to joint ventures. As with any joint venture, you then become responsible for the actions of the lawyer you are venturing with as you would be in any partnership, but that responsibility is limited to that one case. If you choose your joint venture partner wisely and stay active on the case as you would your own, that risk of additional liability should be minimal.

Also, be sure that if you think you might want to joint venture

with another lawyer on a case, you include that possibility in your contract with your client.

While a joint venture will not be the answer for every case, it is a valuable alternative to referrals that can produce greater revenue for your growing firm. n Samira Mery Lineberger is a 1987 graduate of St. Mary’s University, School of Law in San Antonio, Texas. She has practiced in a wide range of areas of law and in many capacities.

Most recently as General Counsel for a technology company, she handled the majority of their legal needs including contract preparation, negotiation and management, compliance issues, intellectual property protection, risk management and employment law matters. She is also an experienced trial lawyer representing mostly commercial clients in areas including insurance defense, personal injury, employment discrimination and harassment, premises liability, products liability, construction defects, mechanics liens, fraud, defamation, FELA (Railroad employee injury cases) and DTPA (Deceptive Trade Practices Act) among other things. Unique to Ms. Lineberger’s experience is her ownership and participation in several of her own businesses, including a multi-million dollar residential construction company, a mediation firm, and currently a consulting firm, Lineberger Consulting Group that advises law firms on business development and marketing strategies. Her company website is: www.linebergerlawfirm.com. Article Source: EzineArticles.com/?expert=Samira_Mery_Lineberger.

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