Attorney Journal, Orange County, Volume 126

ORANGE COUNTY

Volume 126, 2016 • $6.95

Does Your Employee Evaluation System Need a Boost?

Nancy Byerly Jones PRESENTATIONS: A Way to Become a Magnet for New Business

Jeff Wolf

McIntyre’s Civil Alert Organized Succinct Summaries

Monty A. McIntyre

The Best of the Best: Attorney TV Advertisements

Anna Blanken

How Self-Discipline Will Make You a Better Leader

Brian Tracy

Attorney of the Month

Bill Shapiro, Full Circle

Serving Orange County

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

CAALA Past President and Trial Lawyer of the Year 2004 Los Angeles, California

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

© 2015 RHLF

Specialization matters.

Having represented PRUH ODZ ƓUPV RYHU the last 25 years than any other broker in the region, no one understands their real estate needs better than I do.

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ORANGE COUNTY CORPORATE REAL ESTATE ADVISORS At Hughes Marino we only represent tenants and buyers – never landlords – à Üi iÛiÀ >Ûi > V y VÌ v ÌiÀiÃÌ° "ÕÀ Þ w`ÕV >ÀÞ `ÕÌÞ Ã Ì ÕÀ V i Ì] Ì i tenant, and we are wholly committed to «À ÌiVÌ } Ì i À ÌiÀiÃÌð v Þ Õ >Ài Ì happy with your service or results, then we Ü } Ûi Þ Õ ÕÀ V Ãà ° Õ>À> Ìii`° (949) 333-3111 | www.hughesmarino.com

ORANGE COUNTY LOS ANGELES SAN FRANCISCO SILICON VALLEY SAN DIEGO

2016 EDITION—NO.126

TABLE OF CONTENTS

16

6 The Best of the Best: Attorney TV Advertisements

by Anna Blanken

12 COMMUNITYnews

EXECUTIVE PUBLISHER Brian Topor

ATTORNEY OF THE MONTH

16 Bill Shapiro Law Offices of William D. Shapiro, San Bernardino Full Circle

by Karen Gorden

EDITOR Wendy Price CREATIVE SERVICES Skidmutro Creative Partners

22 Does Your Employee Evaluation System Need a Boost?

by Nancy Byerly Jones

CIRCULATION Angela Watson PHOTOGRAPHY Chris Griffiths STAFF WRITERS Jennifer Hadley Bridget Brookman Karen Gorden

22

24 How Self-Discipline Will Make You a Better Leader

CONTRIBUTING EDITORIALISTS Monty McIntyre Brian Tracy Anna Blanken Nancy Byerly Jones Jeff Wolf WEBMASTER Mariusz Opalka ADVERTISING INQUIRIES info@AttorneyJournal.us

by Brian Tracy

24

SUBMIT AN ARTICLE Editorial@AttorneyJournal.us OFFICE 30211 Avenida De Las Banderas Suite 200 Rancho Santa Margarita, CA 92688 www.AttorneyJournal.us ADDRESS CHANGES Address corrections can be made via fax, email or postal mail.

26 McIntyre’s Civil Alert Organized Succinct Summaries

by Monty A. McIntyre

30 PRESENTATIONS: A Way to Become a Magnet for New Business

by Jeff Wolf

26 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 2016 by Sticky Media, LLC. All rights reserved. Contents may not be reproduced without written permission from Sticky Media, LLC. Printed in the USA

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The Best of the Best Attorney TV Advertisements

by Anna Blanken

A

ttorney advertisements. They are everywhere: on television, billboards, buses, and the subway. Often billboards give a simple call to action, and commercials can play on emotions or make you giggle. Sometimes it seems like many of the advertisements run together, using duplicate or similar tag lines, cheesy graphics, or even the same office setting. With little to no originality, this can make it difficult to remember a lawyer’s name when you need legal help the most.

However, there are many attorney advertisements out there that are so good that we remember them and, most

importantly, the attorney responsible for them. Whether the ad is for a car accident attorney or a divorce lawyer, the ones that get our attention are unique, memorable, and well produced.

Keep in mind that your firm doesn’t have to strictly stick to television to get started with video advertisements. Producing quality video to be featured on your website, social media, and within your eblasts can increase your web traffic, drive your search rankings, and help to convert more clients.

Without further ado, we would love to share a few of the best attorney commercials that we have seen.

The Emotional Rollercoaster As mentioned earlier, some attorney commercials can play to your emotions. They can make you sad or give you hope.

They can sometimes even scare you.

The attorneys at Bryant Law Center knew what they were doing when they aired this car accident commercial. It is short, simple, and to the point:

Go to ajsample1.us online to view this video.

6  Attorney Journal Orange County | Volume 126, 2016

The attorneys at Harris Personal Injury Lawyers have a host of quality commercials. In this commercial, they deliver a message that speaks to the heart of the average individual:

Go to ajsample2.us online to view this video.

The Comedian Sometimes attorney advertisements can be amusing. Often times, these cheesy commercials are ignored or considered annoying.

However, the following ads all have one thing in common, they are memorable, and a memorable commercial produces clients.

Regardless of the cheesy factor some of these ads exude, they should all be considered a television commercial stroke of genius.

Go to ajsample5.us online to view this video.

The following ad by Kenneth S. Nugent, P.C., is one of many in a series. Just try not to remember his signature tag line:

Pete Reid, an Austin, Texas attorney has come up with a clever commercial that only uses four words in the entire ad. But the video’s lighthearted nature and catchy music make it stick in your mind:

Go to ajsample3.us online to view this video.

The law firm Bergener Mirejovsky, located in Los Angeles, had the star Danny Trejo make one of their commercials. This ad is entertaining, to the point, and effective. Having a well-known face in a commercial can really make your firm stand out:

Go to ajsample4.us online to view this video.

Go to ajsample6.us online to view this video.

Trolman, Glaser & Lichtman has several commercials that play on the lighthearted side of personal injury cases. Bringing a bit of comedy to a serious situation can make a firm stand out from the rest:

If you have yet to see the creative genius of Bryan Wilson, the Texas Law Hawk, then we urge you to set aside a few minutes (or your lunch hour) to watch the videos he has come up with for his practice. They are incredibly entertaining. You won’t forget his name anytime soon: Go to ajsample7.us online to view this video.

Attorney Journal Orange County | Volume 126, 2016  7

The Seriously Effective Go to ajsample8.us online to view this video.

Jamie Casino obviously spared no expense when he produced these commercials, which were aired during the past two Super Bowls. These commercials have a serious Hollywood feel to them, tell a personal story, keep you engaged and inspire you to fight your fight, whatever it might be:

Go to ajsample9.us online to view this video.

Marilyn York is a Men’s Rights Attorney and has several commercials that will make you listen and think.

Her ads all deliver a clear cut message which convey her personality and her passion for her practice area:

Lawyer advertisements come in all shapes and sizes. The most effective are well thought out and well produced, delivering a clear message that you will remember. The above are just a few of the best attorney commercials we have stumbled upon. Do you have an awesome attorney advertisement that wasn’t included on the list?

Share it with us! n Anne Blanken is a Digital Campaign Strategist with Consultwebs. com. Anna also holds advanced search certifications in Google Analytics and Google AdWords, giving her unique insights on organic and paid search strategies. www.consultwebs.com.

8 Attorney Journal Orange County | Volume 126, 2016

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Keller/Anderle LLP BUSINESS TRIAL LAWYERS

COMMUNITY news n Attorney Derek Paradis of Higgs Fletcher & Mack, was recently elected to the San Diego County Hotel-Motel Association’s Board of Directors.

The term is for three years, during which he and others leading the organization will help address issues facing the region’s DEREK PARADIS hospitality market.

Since graduating from Thomas Jefferson School of Law as valedictorian in 2009, Paradis has been successful in handling a wide range of litigation and transactional matters; from wage and hour class actions to employment discrimination cases. While his clients often include hotels, restaurants, bars and nightclubs, Paradis works with a wide array of businesses on employment issues such as wrongful termination, wage and hour class actions, harassment, retaliation, breach of contract, intentional business torts, fraudulent transfers and unfair competition. He was nominated for the 2011 San Diego Daily Transcript’s “Young Attorneys” award, which recognizes the area’s most promising associates.

n Best Best & Krieger LLP is pleased to welcome Daniel W. Kehr as a partner to the Business practice group. Based in the firm’s San Diego office, Kehr provides corporate general counsel, technology, real estate, as well as trust, estate and succession planning legal services.

DANIEL W. KEHR Prior to joining BB&K, Kehr managed his own law firm, Kehr Law. Kehr provides legal services for a variety of clients, including individuals, entrepreneurs, investors and businesses, including start-ups and mature companies, across a broad range of industries, such as technology, software, Internet, gaming, insurance, manufacturing, distribution, real estate and professional services.

A native of Huntington Beach, Calif., Kehr attended the University of California, Los Angeles for his undergraduate studies. He was an NCAA intercollegiate baseball athlete. He earned his law degree from California Western School of Law in two years, and passed the California bar exam while studying for his master’s degree in tax law at the University of San Diego.

n Gomez Trial Attorneys announce the elevation of Ben Coughlan to the position of “Senior Trial Attorney.” A trial attorney with the Firm since 2012, Coughlan has already tried multiple cases to verdict. He has been honored as one of San Diego’s Top 10 Personal Injury BEN COUGHLAN Attorneys by the San Diego Daily Transcript, and the Consumer Attorneys of San Diego have recognized him with the “Outstanding Trial Lawyer” award. Coughlan’s practice focuses on personal injury with a particular specialty in brain injury cases. In his new position, Coughlan will supervise a trial team and lead the Firm’s dedicated brain injury practice group.

n Dinsmore & Shohl LLP continues to expand in California, welcoming Brendan R. Haberle to the firm’s Intellectual Property Department. Haberle comes to Dinsmore from Rusing Lopez and Lizardi, PLLC, where he advised a wide range of clients, from local start-ups to established national BRENDAN R. HABERLE and international businesses with a focus on intellectual property, technology and corporate transactions.

Prior to law school, Haberle worked with the U.S. intelligence community and the U.S. Army Intelligence Center of Excellence. Haberle earned his J.D. from University of Arizona James E. Rogers College of Law and received his B.S. from Harvey Mudd College.

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

Email it to PR@AttorneyJournal.us

12 Attorney Journal Orange County | Volume 126, 2016

COMMUNITY news n Duckor Spradling Metzger & Wynne is pleased to welcome to the firm Certified Legal Malpractice Law Specialist and longtime business and commercial litigation attorney, Cathleen (Cathy) Fitch.

Ms. Fitch is a Certified Legal Malpractice Law Specialist CATHLEEN FITCH with extensive experience defending a range of businesses and professionals in negligence and fraud claims, environmental claims, Americans with Disabilities Act claims and qui tams suits. She has handled numerous tort, contract and statutory claims at the trial and appellate level. Additionally, Ms. Fitch has handled administrative matters including those before the California State Bar, the National Futures Association and the SEC. Ms. Fitch is a former name partner of Coughlan, Semmer, Fitch & Pott, LLP, and partner at Coughlan, Semmer & Lipman, where she practiced for more than 25 years. She subsequently served as Of Counsel to the Grant Law Firm.

n Epstein Grinnell & Howell recently celebrated its 30th anniversary with an open house held at their San Diego office. The firm was delighted to welcome over 200 friends, including clients, city attorney representatives, retired attorneys, staff members, current members of the Judiciary, vendors, representatives of the California Association of Community Mangers (CACM), the Community Associations Institute (CAI) and lawyers from other law firms.

EPSTEN GRINNELL & HOWELL SHAREHOLDER ATTORNEYS: JON EPSTEN, ANNE RAUCH, MARY HOWELL, SUSAN HAWKS MCCLINTIC, RIAN JONES, DOUG GRINNELL & KIERAN PURCELL

n Schwartz Semerdjian is pleased to announce that Catherine “Kate” Kowalewski has joined the firm as an associate. Kowalewski is a highly accomplished attorney/Certified Public Accountant with over 15 years of professional legal and business experience. She CATHERINE KOWALEWSKI provides legal representation to businesses, not-for-profits, entrepreneurs, executives and professionals. Leveraging her unique background, she provides her clients with a broad range of business and corporate transactional services, including business entity formation, corporate finance matters, commercial contract drafting, corporate governance practices, securities matters, and providing general business and legal advice.

Kowalewski was selected for the San Diego Business Journal’s 2016 Best of the Bar and has been named a Southern California Super Lawyer 4 years running in the practice areas of Business and Corporate Law. Kowalewski is an active member of Lawyers Club of San Diego having previously served as President and currently serving as Chair of the Judicial Elections Endorsement Committee.

Attorney Journal Orange County | Volume 126, 2016 13

FULL CIRCLE Bill Shapiro’s Seemingly Nonstop Success Is Not By Chance

It’s

by Karen Gorden

incredibly hard not to like Bill Shapiro, founder of the aptly named Law Offices of William D. Shapiro. Friendly and light-hearted, Shapiro has an easy laugh, and comes across humble and a pretty mellow guy. As he closes in on 4 decades of advocacy, and having secured his place as one of California’s best trial lawyers, this guitar playing, classic car loving, scuba diving, husband and father-of-three plaintiff’s attorney is quick to describe just how rewarding it is to be one of many trial lawyers who are able to help “regular people and families” put their lives back together after sustaining devastating injuries and the loss of loved ones.

Shapiro is proud that the effect of the cases he handles reaches far beyond providing recovery for his clients. “The impact of our cases extends beyond each particular case, our work provides for safer drivers, roadways, products, and so much more which prevents others from suffering the losses our clients have.” This attitude, along with his passion, skill and experience, is at the heart of what has propelled Shapiro to the top of the legal community. Such is evidenced by his inclusion in the prestigious invitation-only fellowships of the American College of Trial Lawyers, the International Academy of Trial Lawyers, the International Society of Barristers, as well as being a “Diplomate,” the highest distinction of the American Board of Trial Advocates (ABOTA). Indeed, Shapiro is one of the most well respected trial lawyers not only the state, but the nation.

Yet Shapiro’s modest, affable nature almost belies his enviable track record in the courtroom and status in the legal community. Talking with Shapiro feels a lot like talking with a friend—who while currently serving as National Secretary for ABOTA, happens to have been named, 2013 Trial Lawyer of the Year by the Orange County Trial Lawyers Association and the San Bernardino County Bar Association, the 2014 Trial Lawyer of the Year by the Consumer Attorneys of California, Inland Empire, the 2015 California Trial Lawyer of the Year

by Cal ABOTA and the 2016, Trial Lawyer of the Year by the Western San Bernardino County Bar Association.

16 16 Attorney Journal Orange County | Volume 126, 2016

While his friendly, easy going personality makes him easy to like, his extraordinary victories on behalf of countless injured victims or heirs of family members coupled with the work he’s done making the community safer, along with his tireless efforts to give back to the legal community, make it nearly impossible not to respect him. But to hear Shapiro tell it, “This is what I was destined to do, I love what I do. I represent people who are relying on me, who trust me with their future. I’m passionate about my clients; I’m ‘all in’ on my work; emotionally, financially, I give each case everything I’ve got,” he explains.

“I’ve raised my 3 sons stressing, the harder you work the luckier you get, and there’s just no substitute for hard work, in law, in sports, in music, in everything. Hard work produces results.”

Arc of Success After spending more than five years as a name partner with Robinson Calcagnie Robinson Shapiro Davis, Inc., Shapiro recently returned to his roots as head of his own smaller powerhouse firm. He has nothing but praise for good friend and former partner Mark Robinson and all the lawyers and staff at RCRSD, insisting he’s a better attorney for having spent time with them. “Everything continues to be so positive in regards to my relationship with the firm, unusual when it comes to lawyers making such decisions,” he says. Chuckling, he adds, “Which is why I didn’t really leave the firm, I’m still ‘Of Counsel’ with Robinson Calcagnie Inc., and am still working cases with the firm.”

Shapiro explains that his decision to return to his roots and resume helming his own firm is simply what suits him best. “I’m naturally more suited to running a small firm; that’s what I did for over thirty years. I have a tremendous staff with me, Debbie, Donna, Craig and in working with Justin King and all aboard, I’ve been able to be selective, and limit the number of cases accepted,” he adds.

But make no mistake, although he’s technically downsized

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his firm, the cases he’s taking and winning are by no stretch of the imagination, small cases. Shapiro continues to take on giant insurance companies, trucking companies, manufacturers, property owners and public entities when their negligent truck/ auto drivers, defective products or dangerous conditions and properties cause injuries and deaths. More importantly, he consistently secures incredible victories for his clients, and the community at large.

One such case, which made recent headlines, not only resulted in a win for his client, but once again resulted in making the community safer. In this case, Shapiro represented a 70-yearold husband whose wife was killed in an auto accident. “When entering a turn, her car drifted slightly out of the lane striking a cement box that was a few feet off the side of San Timoteo Canyon Road in the city of Redlands. The city denied it was dangerous and further, claimed it was not on their property,” Shapiro recalls.

In the jury trial against the City, Shapiro explained precisely why a giant cement block, mere feet off the roadway was a classic dangerous condition, as it was foreseeable that people will slightly drift out of the lane. The jury made it clear to the city that they agreed it was a dangerous condition and when something is that close to the roadway, it makes the roadway dangerous.

However, even after Shapiro secured this multi-milliondollar jury verdict for his client, the city failed to remove the dangerous concrete box. With the case over, Shapiro continued to fight to have the structure removed by offering to personally pay the costs of removal. That proved unnecessary as he ultimately achieved his goal. “Within a week of the offer, the city removed the box, and motorists are safer for it. This case demonstrates how trial lawyers truly can make a difference in providing for a safer community, making sure others don’t have to go through something like this,” he says.

Shapiro’s passion for people becomes increasingly palpable when discussing cases such as this. “As trial lawyers, we hear

18 Attorney Journal Orange County | Volume 126, 2016 18

the word ‘No’ all of the time. The Redlands case was a perfect example of how the American jury system, the American Courtroom is the ultimate neutralizer. There is nothing like our jury system. No matter who you are, no matter what your status, how much money or power you have, the American jury system ensures that every individual has the right to seek full justice from those who are responsible for their injuries or losses. Our 7th Amendment guarantees the right to a jury trial where regular members of the community dictate the outcome.

You can’t get better than that,” he says.

Shapiro stresses the jury system is an “equal opportunity” system providing defendants the same absolute right. Not all cases are meritorious and like plaintiffs, those accused of wrongdoing have the right to defend their position. “Our jury system protects the rights of everyone, plaintiffs and defendants alike; the bottom line is when there is a dispute over accountability, there is just nothing like the American jury in an American Courtroom.”

Endless Effort for Everyday People Shapiro’s passion for the law and community is matched only by his determination to make things better for the individuals he represents. By way of example, in just the past year alone, Shapiro has secured millions for clients in many cases, including the family of Luc Van Bui, who was killed when a sheriff’s deputy crashed into Bui’s car in Twentynine Palms.

“I’m very proud of all my cases, each stands out in its own way, much like the Bui case,” he says. “Having served in the South Vietnamese army, Mr. Bui was imprisoned when the war ended.

Years after his release, it took nearly a decade to smuggle 4 of his 5 children to the United States. Mr. Bui endured more than 2 years of having lost contact with his daughters who were in camps in the Philippines. He finally succeeded in getting his family here safely, only to be killed by a speeding officer,” Shapiro says. In the

© christopher TODD studios

end, although Shapiro admits that no amount of money would make up for the family’s loss, he acknowledges that the nearly $4 Million he was able to secure for Bui’s family will help the family enormously.

In yet another recent case in Sacramento, he was able to make things at least a bit better for a family who suffered tremendously as the result of devastating medical negligence. “The Manzos were young Sacramento newlyweds, ecstatic to find a year after the wedding, they were expecting. For 9 months all was perfect until the day the baby was born, discolored, not breathing and lifeless. The crash team was able to resuscitate the baby who survived, but suffered irreversible brain injuries, and has Cerebral Palsy requiring lifetime care,” Shapiro explains. They reached out to Shapiro to find out why this had happened.

“After years of investigation, experts and litigation, it was found in the many hours of labor, there were signs of fetal distress and the baby should have been delivered by C-Section.

For 5 years the doctors and hospital denied any negligence but just before trial, a multi-million-dollar settlement was reached,” he says. “The defendants knew they would face a jury trial, and I knew the jury would agree with our position, so they wanted to avoid that.”

Continuing, Shapiro says with a smile, “My clients are great people; great parents and the recovery secured for this little boy will make a big difference for him by providing the care he’ll need. These are regular working people, and this settlement is going to make things at least a little bit easier for the family.”

Collection of Corvettes and muscle cars in Bill’s office garage.

What Goes Around Comes Around Suffice it to say, with such a long, impressive track record of succeeding in securing justice for regular people, Shapiro remains in high demand from victims, and the legal community alike. In addition to teaching Civil Trial Practice as an Assistant Professor on the adjunct faculty of Western State College of Law, for the last 6 years, he has been on the faculty of the ABOTA Trial College at Harvard Law School as well as being a faculty member of the American Bar Association’s Trial Academy held annually at the National Judicial College in Reno, Nevada. Over his career, Shapiro has been asked and has lectured nationwide and internationally on various aspects of trial, strategy and development, including many Masters in Trial and other Masters presentations.

“It’s an honor to teach and give back; I am humbled to be on faculty for these organizations. It’s always been important to me to give back, so I’ve made it a priority my entire career,” he says.

“In addition to teaching, I’m active in pro bono work at Legal Aid and I’m proud to have served on the Executive Board of our Legal Aid Society for the past 36 years.”

Likewise, Shapiro has held leadership roles in numerous legal associations over the years including serving as Past President of the San Bernardino/Riverside Chapter of ABOTA, Past President of the San Bernardino County Bar Association, Past President of American Inns of Court, Joseph B. Campbell Chapter and as Past President of Consumer Attorneys of Inland Empire. The current

Contact William D. Shapiro Law Offices of William D. Shapiro 839 East Brier Dr. San Bernardino, CA 92408 P: (909) 890-1000 F: (909) 890-1001 bill@wshapiro.com www.wshapiro.com

© christopher TODD studios

EXPERIENCE

National Secretary and National Chair of the Awards Committee of ABOTA, Shapiro also serves on the Board of Directors and Membership Committee of the International Academy of Trial Lawyers, the State Board of Governors for Consumer Attorneys of California as well as the Executive Boards of both the Inland Empire Chapters of the Consumer Attorneys and ABOTA. In addition to donating his time and experience, Shapiro donates money and resources to support law students. Together with his wife, years ago Shapiro established the “William and Susan Shapiro Scholarship” for students at Western State University, College of Law, providing two scholarships to two deserving students.

“I’m fortunate to have accomplished many things in law, but my greatest and most treasured accomplishment is being a good husband and father. Susan has shared my many passions for so long with patience and pride and I couldn’t be more proud of my three sons. Matt (28) is in his first year of law school, Brian (26) recently graduated and is awaiting bar results and Kevin (24) is earning his Master’s Degree in Architecture at USC. If there is a gem in my life, it’s my family.”

Shapiro says he made the choice to work hard, and to be the best he could be early in his life. As to results of excellence, he quotes Don Henley who once said of the vocal harmonies of the Eagles, “Henley said, ‘do you hear that? . . . That’s not an accident . . . that’s hard work.’ Such is the case in everything in life including success in law. Such is how I describe the work I’ve tried to accomplish. It’s not luck, it didn’t just happen. Whatever success I’ve been able to achieve in my life came from hard work.

That is the lesson I’ve raised my sons with, that is the lesson my father taught me.”

Rest assured, although Shapiro has already achieved an elite standing in the legal community as one of the premier personal injury trial attorneys in the nation, he has no plans to slow down.

“I will never, ever retire completely. And I’m secretly harboring a dream that one day I’ll practice law with my sons Brian and Matt with Kevin designing the building, but we’ll have to see,” he laughs.

“I’m in a sweet spot in my career and in my life, happy in so many ways. I absolutely love what I do. There has never been a dull moment in the last 40 years; I tell people I live the ‘Discovery Channel.’ But the best part, while it’s a lot of work; the cliché is true, ‘when you love what you do, it never seems like work, carry on.’” n

» EDUCATION • Western State University College of Law, Fullerton, California Juris Doctor – 1978 Phi Alpha Delta Legal Fraternity, Charter Member • California State University, Fullerton, California California State Teaching Credential, K-12 – 1975 • California State University, Fullerton, California Bachelor of Science, Physical Education – 1974 • Chaffey College, Alta Loma, California Associate of Arts, General Education – 1972

» RECOGNITION • “Best Lawyers in America” U.S. News & World Report • “SuperLawyer,” Los Angeles Times Magazine • “Best Lawyers in Orange County,” Orange County Register, Metro • “Best Lawyers in Inland Empire,” Inland Empire Magazine • “Top One Percent in the Nation,” National Association of Distinguished Counsel • “Top 100 Trial Lawyers,” National Lawyers of America • “Top 50 list for Orange County,” Los Angeles Times • “Best Firms,” U.S. News & World Report, Best Lawyers in America • “Southern California’s Top Rated Lawyers,” American Law Magazine, published in LA Times • “Certified Specialist in Civil Trial Advocacy,” Specialization by State Bar of California • Board Certification in Civil Trial Advocacy; National Board of Trial Advocacy • “A-V Preeminent,” One of the Pre-eminent lawyers in America, Martindale-Hubbell

» AWARDS • Lawyer of the Year – IE, Best Lawyers in America, 2017 • Jennifer Brooks, Lawyer of the Year – WSBCBA, 2016 • Trial Lawyer of the Year, Cal ABOTA – 2015 • Trial Lawyer of the Year, – Consumer Attorneys of Inland Empire, 2014 • Top Gun, Trial Lawyer of the Year – Orange County Trial Lawyers Association, 2013 • John B. Surr Award – presented by the San Bernardino County Bar Association: Awarded to the Member of the Legal Community Who has Best Exemplified the High Standards of the Profession and the Administration of Justice, 2013 • Matthew Kearney Award – pro bono services • Access to Justice Award – Legal Aid

20 Attorney Journal Orange County | Volume 126, 2016 20

• Kleps Award – 4th District Court of Appeal

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Does Your Employee Evaluation System Need a Boost?

by Nancy Byerly Jones

T

oo many law offices have sloppily put together employee evaluation systems. These mostly ineffective systems are typically used haphazardly, inconsistently and hurriedly. This means that they result in unfair and inaccurate results. Does it really matter in the big scheme of things?

The answer is a resounding “Yes” if you want a steadily productive, loyal, efficient and top-notch legal team in your corner. Good evaluation systems are well worth the time and effort put into their creation, implementation and monitoring.

They help management stay in touch with the proper placement of employees, their value to the firm and whether they are doing their jobs well, poorly or somewhere in-between.

Employees like well-designed evaluation systems because: (1) they help clarify what the firm expects from them, (2) they keep them informed in a timely manner as to whether they are performing satisfactorily, and (3) timely evaluations provide the opportunity for a professional exchange of ideas, concerns and questions.

Whether your office’s employee evaluation methods need to be established, could stand to be updated or perhaps entirely overhauled, the starter tips below are intended to help you get the ball rolling:

• Know the purposes of your evaluation system (e.g., improve job performance, maintain top-quality legal teams, help employees reach their professional goals, fix issues needing attention before they fester and implode, ensure healthy morale by keeping a check on and eliminating chronically poor attitudes of trouble-making employees, etc.).

• Ensure employees understand the “whys” behind an evaluation process (e.g., to enhance the team’s and each individual’s strengths and skills, to keep small issues from becoming big ones, to help make promotional and/ or repositioning decisions, for strategic planning, bonus determinations, efficiency and more.)

• Create a clear, written policy statement of how and when evaluations are conducted, the length of time involved, how final results are reached and when evaluation results will be shared with employees (e.g., objective and/ or subjective evaluations, work-in-progress reports and observations, including specific examples of work well done and/or of poor work product).

• Design an evaluation checklist or form to be used by everyone in the firm to record topics to be discussed and responses of the employee—and that supervisors and employees both sign and date at the conclusion of the evaluation process.

22 Attorney Journal Orange County | Volume 126, 2016

• Determine if your firm will ask employees to submit selfevaluation checklists. If so, create one, hopefully after asking for attorney and staff input as to the form’s content. The same holds true for establishing a method for employee feedback regarding co-workers and supervisors. Establish a policy that ensures confidentiality and that all employees are held accountable to participate.

• Provide detailed, written instructions regarding employee rebuttal/appeal options (e.g., during the interview, after the interview, how to submit concerns, to whom, within what time limits, what response time is to be expected from management, etc.).

• Know how confidentiality is protected and explain safeguards within your policy (e.g., how many copies of the evaluation documents are kept by the employer, who has access, the firm’s non-retaliation policies and how to report alleged retaliation, breaches or potential breaches of confidentiality, etc.).

• Provide clearly written documentation as to how the firm follows up on decisions made as a result of evaluations, including possible outcomes for typical areas needing attention (e.g., mentoring of employees, one-on-one coaching for organizational or better communication skills, anger management, conflict resolution, additional substantive training, etc.).

• Create an annual “employee action plan” form that includes goals expected to be reached, areas of improvement needed, new skills to be learned, etc.

• Have your evaluation policy and process reviewed by outside, experienced employment counsel to ensure that all related laws, regulations and other guidelines are strictly followed in the design and actual implementation of your system.

The list above is not intended to be all-inclusive, but as a starter road map to assist small law firms in strengthening, creating or overhauling their current systems. The huge majority of attorneys and staff I’ve been blessed to work with through the years are strongly in favor of fairly and comprehensively designed and regularly implemented evaluation systems.

If your firm has conducted evaluations on an ad hoc or onoff basis, I strongly recommend that you implement a consistent employee evaluation plan immediately. Your time and effort will be rewarded multifold for years to come—in team loyalty, improved morale, increased efficiency, higher productivity and healthier and timelier inter-office communications. n Nancy Byerly Jones is enthusiastically and tirelessly dedicated to helping her clients build business success stories that last...and as a family law and workplace mediator, she is a passionate advocate for helping keep folks out of the courtroom and moving positively forward with their lives. Please visit her website (http://LawBusinessTips.com), on Twitter (http://Twitter.com/lawbusinesstips) or on LinkedIn (http:// www.linkedin.com/in/nbjones). If you have any questions for Nancy, she’d enjoy hearing from you by email too: nbj@nbjconsulting.com.

Attorney Journal Orange County | Volume 126, 2016 23

How Self-Discipline Will Make You a Better Leader

by Brian Tracy

L

eadership styles are a learnable quality that anyone can attain through hard work and self-discipline. While the process of becoming a leader may be simple, it is not easy to do. Everyone can become a great leader, have better self-confidence and achieve success.

Self-Discipline is a Learnable Quality Many people feel that they lack self-discipline in certain areas and they often assume that, “That’s just the way I am.” Are some leaders born with natural qualities and abilities that make selfdiscipline easy for them? It may be true that there are such things as natural born leaders, however most leaders are made by hard work and self-development.

The fact is that YOU can develop whatever leadership styles and qualities that you consider desirable and necessary. For some people it will be easier, and for others it will take more time and effort. But each person has the inborn ability to shape his or her character and personality in a positive way by being clear about his or her future intent and determined enough to press forward through the difficulties, resistance, and setbacks.

Develop the Leadership Styles You Desire The process of developing disciplines or leadership styles is simple, though not easy. Nothing worthwhile is easy.

First, decide upon the one discipline that can be most helpful to you in your career at the moment. Don’t try to change several things about yourself at one time or to develop several disciplines for yourself simultaneously, no matter how attractive and desirable they may be. Your basic need is to focus and concentrate on the development of a single discipline until it is locked in and becomes a part of your personality. Then you can move on to the development of the next discipline on your list.

The good news is that every act of discipline strengthens and reinforces all your other disciplines. At the same time, it will increase your self-confidence. You must be vigilant.

Everything counts!

Program the New Discipline into Your Mind Once you have chosen a discipline to develop, begin to think about how you would behave if you had this discipline or habit 24 Attorney Journal Orange County | Volume 126, 2016

already. See yourself acting or reacting in a situation where you want to practice you new leadership styles.

Then, create a positive affirmation for yourself to continually reinforce the new discipline. You will actually become what you say to yourself about yourself over and over again. This will build your self-confidence and you will begin to see yourself in a new light.

Never Allow Exceptions Once you have decided on the discipline you are going to develop, the key is for you to launch strongly on your new discipline. Resolve to never allow an exception until it becomes permanent. If you “fall off the wagon,” immediately restate your affirmation or command to yourself and begin again. This is the only way you can succeed.

Persistence and Self-Discipline The best part of this process of developing leadership styles and disciplines is the direct relationship between self-discipline and persistence. The more you persist, in any endeavor, the greater self-discipline and self-confidence you will develop. It has been well said that, “Persistence is self-discipline in action.”

The more consistently you practice your chosen disciplines, the more you will like and respect yourself. You will feel more confident and optimistic. You will become more effective in every area of your life.

When you develop the disciplines of leadership excellence, you will become a more powerful and resourceful leader, get more done, have greater self-confidence and succeed at higher levels in everything you attempt. n Brian Tracy is recognized as the top sales training and personal success authority in the world today. He has authored more than 60 books and has produced more than 500 audio and video learning programs on sales, management, business success and personal development, including worldwide bestseller The Psychology of Achievement. Brian’s goal is to help you achieve your personal and business goals faster and easier than you ever imagined. You can follow him on Google+, Twitter, Facebook, Pinterest, LinkedIn and Youtube.

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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

CALIFORNIA SUPREME COURT Attorney Fees Laffitte v. Robert Half International Inc. (2016) _ Cal.4th _ , 2016 WL 4238619: The California Supreme Court affirmed the Court of Appeal’s decision affirming the trial court’s order approving a settlement of an employment class action case for $19 million and awarding attorney fees of one-third of that amount, $6,333,333.33. The trial court’s award of an attorney fee calculated as a percentage of the settlement amount did not violate a holding in Serrano v. Priest (1977) 20 Cal.3d 25 because that discussion of how a reasonable attorney fee is calculated was made in connection with an award under the “private attorney general” doctrine. A percentage calculation with lodestar crosscheck is permitted in a common fund case. (August 11, 2016.)

Civil Procedure (Anti-SLAPP) Baral v. Schnitt (2016) _ Cal.App.4th _ , 2016 WL 4074081: The California Supreme Court reversed the ruling of the Court of Appeal in a case addressing how courts should rule on an anti-SLAPP motion in a “mixed cause of action” that combines allegations of activity protected by the statute with allegations of unprotected activity. The California Supreme Court concluded that the Legislature used “cause of action” in a particular way in Civil Code section 425.16(b)(1) that targeted only claims based on the conduct protected by the statute. Section 425.16 is not concerned with how a complaint is framed or how the primary right theory might define a cause of action. While an anti-SLAPP motion may challenge any claim for relief founded on allegations of protected activity, it does not reach claims based on unprotected activity. Here is the process courts should follow in ruling on these motions: At the first step, the moving defendant bears the burden of identifying all allegations of protected activity and the claims for relief supported by them.

When relief is sought based on allegations of both protected and unprotected activity, the unprotected activity is disregarded at this stage. If the court determines that relief is sought based on allegations arising from activity protected by the statute, the second step is reached. There, the burden shifts to the plaintiff to demonstrate that each challenged claim based on protected 26 Attorney Journal Orange County | Volume 126, 125, 2016

activity is legally sufficient and factually substantiated. The court, without resolving evidentiary conflicts, must determine whether the plaintiff’s showing, if accepted by the trier of fact, would be sufficient to sustain a favorable judgment. If not, the claim is stricken. (August 1, 2016.)

City of Montebello v. Vasquez (2016) _ Cal.App.4th _ , 2016 WL 4169258: The California Supreme Court affirmed the Court of Appeal ruling that had affirmed the trial court’s order denying an anti-SLAPP motion to strike in a case where plaintiff sued three of its former council members and a former city administrator, claiming they violated Government Code section 1090 by voting on a waste hauling contract in which they held a financial interest, and seeking to invalidate the contract and force defendants to disgorge campaign contributions made by the company that was awarded the contract. The California Supreme Court agreed with the trial court and the Court of Appeal that the case did not come within the statutory anti-SLAPP exemption for public enforcement actions in Code of Civil Procedure section 425.16(d), but it disagreed with the Court of Appeal in finding that the votes cast in favor of the contract at issue were protected activity under section 425.16. On remand, the Court of Appeal will need to determine whether plaintiff can establish a likelihood that it will prevail. (August 8, 2016.)

Class Actions Laffitte v. Robert Half International Inc. (2016) _ Cal.4th _ , 2016 WL 4238619: See summary above under attorney fees.

CALIFORNIA COURTS OF APPEAL Alternative Dispute Resolution (DavisStirling Act) Rancho Mirage Country Club Homeowners Associations v.

Hazelbaker (2016) _ Cal.App.4th _ , 2016 WL 4199091: The Court of Appeal affirmed the trial court’s award of $18,991 in attorney fees and costs of $572 to plaintiff homeowners association arising from a lawsuit to enforce a mediation agreement where defendants had agreed to modify their real property. The Court of Appeal ruled that the lawsuit to enforce the mediation agreement

was an action to enforce the governing documents under the Davis-Stirling Common Interest Development Act (Civil Code section 5975), and plaintiff was entitled to recover its fees. The trial court properly found plaintiff was the prevailing party and did not abuse its discretion in determining the amount of fees and costs to be awarded. (C.A. 4th, August 9, 2016.)

Attorney Fees (Davis-Stirling Act) Rancho Mirage Country Club Homeowners Associations v.

Hazelbaker (2016) _ Cal.App.4th _ , 2016 WL 4199091: See summary above under Alternate Dispute Resolution.

Civil Code (Davis-Stirling Act) Rancho Mirage Country Club Homeowners Associations v.

Hazelbaker (2016) _ Cal.App.4th _ , 2016 WL 4199091: See summary above under Alternate Dispute Resolution.

Civil Procedure (998 offers, anti-SLAPP, MICRA, statute of limitations) Aldana v. Stillwagon (2016) _ Cal.App.4th _ , 2016 WL 4131373: The Court of Appeal reversed the trial court’s order granting summary judgment to defendant on the basis that the one-year MICRA statute of limitations in Code of Civil Procedure section 340.5 barred plaintiff’s negligence action, arising from a traffic accident, filed 17 months after the accident.

Following the California Supreme Court’s decision in Flores v.

Presbyterian Intercommunity Hospital (2016) 63 Cal.4th 75, the Court of Appeal concluded that, although defendant’s status as a paramedic might demonstrate that he was a medical professional, the automobile collision was a “garden-variety” accident not resulting from the violation of a professional obligation but from a failure to exercise reasonable care in the operation of a motor vehicle. As a result, the two-year statute of limitations in Code of Civil Procedure section 335.1 applied, and plaintiff’s action was timely filed. (C.A. 2nd, August 3, 2016.)

Cruz v. City of Culver City (2016) _ Cal.App.4th _ , 2016 WL 4182502: The Court of Appeal affirmed the trial court’s order granting an anti-SLAPP motion to strike a complaint by plaintiffs against defendants for allegedly violating the state’s open meeting laws. Because plaintiffs sought personal relief seeking to halt any attempts by a church to undo long-standing parking restrictions, the public interest exception (see Code of Civil Procedure section 425.17(b)) to the anti-SLAPP provisions did not apply. The trial court properly granted the motion because defendants showed the challenged cause of action arose from protected activity, but plaintiffs failed to demonstrate a likelihood of prevailing on the merits. (C.A. 2nd, filed July 15, 2016, published August 8, 2016.)

Doe 2 v. Superior Court (Avongard Products U.S.A. Ltd.) (2016) _ Cal.App.4th _ , 2016 WL 4097089: The Court of Appeal granted a writ petition by defendant in an underlying defamation action ordering the trial court to reverse its order granting plaintiff’s request to conduct special discovery to reveal the anonymous

defendant’s identity after defendant filed an anti-SLAPP motion to strike. Paterno v. Superior Court (2008) 163 Cal.App.4th 1342 holds that a libel plaintiff cannot establish good cause for special discovery under Code of Civil Procedure section 426.16(g) without a prima facie showing the allegedly libelous statements are false and unprivileged. The Court of Appeal reversed the trial court because it found that plaintiff failed to make a prima facie showing that defendant’s emails were provably false and defamatory statements of fact, or that the emails caused plaintiff to suffer actual damage. (C.A. 2nd, August 2, 2016.)

Ignacio v. Caracciolo (2016) _ Cal.App.4th _ , 2016 WL 4131379: The Court of Appeal affirmed the trial court’s order denying defendant’s motion to tax costs after plaintiff obtained a verdict of $70,000 after rejecting defendant’s Code of Civil Procedure section 998 offer to settle for $75,000. The trial court properly concluded that defendant’s settlement offer was invalid under section 998 and denied her the cost-shifting benefits of that statute, because the release defendant submitted to plaintiff as part of her settlement offer sought to release defendant and others from claims outside the scope of the personal injury action and rendered the offer invalid under section 998. (C.A. 2nd, August 3, 2016.)

Pulte Holmes Corporation v. Williams Mechanical (2016) _ Cal. App.4th _ , 2016 WL 4199093: The Court of Appeal reversed the trial court’s order granting defendant’s motion to set aside a default judgment. Plaintiff sued defendant for defective performance of a plumbing subcontract. Before the action was filed, defendant was suspended by the Secretary of State and later dissolved. Plaintiff served defendant by serving an attorney designated as defendant’s agent for service of process.

The attorney, however, did not notify defendant of the action nor did he notify defendant’s liability carrier. Defendant failed to respond to the complaint, and plaintiff obtained a default judgment. Defendant was not entitled to relief under Code of Civil Procedure section 473 because its motion was filed more than six months after entry of default. No relief was available under Code of Civil Procedure section 473.5 because defendant received actual notice when its agent was served. Equitable relief was not proper because defendant failed to demonstrate a satisfactory excuse for not presenting a defense and failed to establish diligence in seeking to set aside the default once it was discovered. (C.A. 4th, August 9, 2016.)

Class Actions Roberts v. United Healthcare Services (2016) _ Cal.App.4th _, 2016 WL 4150703: The Court of Appeal affirmed the trial court’s order sustaining a demurrer without leave to amend to a class action complaint alleging unfair competition, unjust enrichment and financial elder abuse arising from alleged misleading marketing materials regarding the availability of in-network urgent care centers. Disagreeing with Cotton v.

StarCare Medical Group, Inc. (2010) 183 Cal.App.4th 437, 447-454 and Yarick v. PacifiCare of California (2009) 179 Cal. Attorney Journal Orange County | Volume 126, 2016 27

App.4th 1158, 1165-1167, the Court of Appeal ruled that the complaint was preempted by the preemption clause applicable to Medicare Advantage plans (42 U.S.C. section 1395w-26(b) (3)) and was also implicitly preempted by the requirement that the plan’s marketing materials and adequacy of plan coverage be preapproved by the Center for Medicare and Medicare Services.

The claims were also subject to dismissal because plaintiff did not first exhaust his administrative remedies under the Medicare Act. (C.A. 2nd, August 4, 2016.)

Contracts Watson Bowman Acme Corporation v. RGW Construction, Inc. (2016) _ Cal.App.4th _ , 2016 WL 4212124: The Court of Appeal affirmed the trial court’s order determining that defendant’s purchase order was ambiguous and allowing the jury to evaluate the conflicting parol evidence before deciding the meaning of the contract. However, the Court of Appeal reversed the trial court’s order denying plaintiff prejudgment interest further because it concluded that the price adjustment owed to plaintiff for the change in the order was sufficiently certain to meet the statutory requirements for an award of prejudgment interest. (C.A. 5th, August 9, 2016.)

Elder Abuse Roberts v. United Healthcare Services (2016) _ Cal.App.4th _ , 2016 WL 4150703: See summary above under Class Actions.

Evidence Borrayo v. Avery (2016) _ Cal.App.4th _ , 2016 WL 4208070: See summary below under Medical Malpractice.

Watson Bowman Acme Corporation v. RGW Construction (2016) _ Cal.App.4th _ , 2016 WL 4212124: See summary above under Contracts.

Insurance Ace American Insurance Company v. Fireman’s Fund Insurance Company (2016) _ Cal.App.4th _ , 2016 WL 4158868: The Court of Appeal reversed the trial court’s order sustaining a demurrer without leave to amend in an action by an excess carrier against the primary carrier for equitable subrogation and breach of the duty of good faith and fair dealing. The Court of Appeal concluded that, because the excess carrier alleged it was required to contribute to the settlement of the underlying case due to the primary carrier’s failure to reasonably settle the case within policy limits, the lack of an excess judgment against the insured in the underlying case did not bar an action for equitable subrogation and breach of the duty of good faith and fair dealing. (C.A. 2nd, August 5, 2016.)

Medical Malpractice Borrayo v. Avery (2016) _ Cal.App.4th _, 2016 WL 4208070: The Court of Appeal reversed the trial court’s order granting

28 Attorney Journal Orange County | Volume 126, 125, 2016

summary judgment to defendant in a medical malpractice case.

The trial court granted summary judgment after it sustained defendant’s objection to plaintiff’s expert declaration by an orthopedic surgeon in Mexico on the basis that plaintiff’s expert could not testify to the standard of care in the U.S. Because the locality factor for determining the standard of care had been abolished years ago in Sinz v. Owens (1949) 33 Cal.2d 749, 754, the Court of Appeal ruled that it was not unreasonable to extend the standard of care analysis across international boundaries.

Defendant had not suggested that the standard of care in Mexico is higher than the standard of care in the United States. As the objecting party, defendant had the burden of proving that the standard of care was different in Mexico and he failed to do so.

(C.A. 1st, August 10, 2016.)

Real Property Morlin Asset Management LP v. Murachanian (2016) _ Cal. App.4th _ , 2016 WL 4183782: The Court of Appeal affirmed the trial court’s order granting summary judgment in favor of cross-defendant tenant against cross-complaints by building owners and managers (landlords) seeking indemnity and apportionment of fault for the claims of an injured plaintiff. The motion for summary judgment was properly granted because as a matter of law the lease obligated the tenant to indemnify the landlords only against claims for injuries occurring within the tenant’s office suite, not in the common areas. (C.A. 2nd, August 8, 2016.)

Walters v. Boosinger (2016) _ Cal.App.4th _ , 2016 WL 4257177: The Court of Appeal affirmed the trial court’s order sustaining a demurrer without leave to amend in a case alleging causes of action for quiet title and partition. The case was a dispute over ownership of real property between plaintiff, as the administrator of the estate of his father, and defendant who was the father’s former girlfriend, arising from a 2003 deed named the father and defendant as owners in joint tenancy of the property. Plaintiff’s father died in 2013. The Court of Appeal rejected plaintiff’s contention that a quiet title claim based on the theory that a deed is void ab initio is not subject to any statute of limitation and can be brought at any time. The trial court properly ruled that the quiet title cause of action was barred by the three-year statute of limitation under Code of Civil Procedure section 338. The trial court also properly sustained the demurrer to the partition cause of action because plaintiff had no interest in the real property after the death of plaintiff’s father. (C.A. 4th, August 12, 2016.)

Yhudai v. Impac Funding Corporation (2016) _ Cal.App.4th _ , 2016 WL 4098719: The Court of Appeal affirmed the trial court’s order sustaining a demurrer without leave to amend to a complaint alleging the wrongful nonjudicial foreclosure sale of real property. The trial court properly sustained the demurrer because the assignment of the deed of trust was voidable, but not void. (C.A. 2nd, July 29, 2016.) n

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PRESENTATIONS: A Way to Become a Magnet for New Business

Y

ou are trying to build your book of business. With the competition getting nimbler and more aggressive, it hasn’t been easy. Clients are unfaithful yet they’re demanding more of your time. You have tried to be a consultative business developer, working on building relationships. You’ve been trying to do as much as you can with limited time.

One way to become a proven winner in business development—for yourself, the firm and your colleagues— is to get out there and give a talk to a roomful of people.

Presenting your positions shows you as an expert, or better, THE expert, in your area of specialty. Speaking to a captive audience allows you to make your points and deliver your strongest messages. The crowd will hang on to your every word. You are the authority everyone came to see and hear. If you do it well, you’ll find this form of business development is incredibly successful. It attracts new clients. You become a people magnet. They’ll walk up to you, engage you in conversation, slip you their business cards and say, “Please call me.” Translation: “I like your message and think you are the type of lawyer with whom I want to do business.” The calls and emails will continue for several weeks as word of mouth spreads through the business community.

Sadly, most speaking opportunities for lawyers end up wasted. All that worry about the presentation, the pressure of the prep work and, at last, the performance, result in an empty-handed return to the office. What if you could come back with a list of potential clients who are excited about

30 Attorney Journal Orange County | Volume 126, 2016

by Jeff Wolf working with you and your firm?

As a professional speaker and presentation skills coach, I have seen lawyers speak in front of audiences over and over.

Most have no clue how to give their audiences a motivating and memorable experience.

A Golden Opportunity Wasted I recently gave a keynote address in Los Angeles and, prior to my talk, the association had a lawyer give the membership a legal update. His thirty-minute monologue of facts and figures, presented in a droning, monotone voice while leaning on the podium, was a disaster. I watched in disbelief as a golden opportunity to connect with the audience slipped away, second by second. Every two or three minutes, groups of people got up and walked out.

Flabbergasted, I watched an audience of over 500 people, previously excited to be there, shrink by about 50%. When the speaker finally finished, he garnered a smattering of halfhearted applause—mostly because he had finished. The emcee thanked him and asked, diplomatically, if we could all take a 10-minute break—so they could regroup everyone for the next presentation—mine.

This is one of many sad examples of lawyers wasting not only their own valuable time, but also the audience’s valuable time while leaving a bad impression in the minds of 500 potential clients. When I talk with lawyers who have just given a presentation, they usually think they have done a

tremendous job. Yet, no one comes up afterward or they never receive any calls or emails from the members of the audience.

They then tell me, “Speaking is a waste of time and it just doesn’t generate business.” My answer to these lawyers is very simple and straightforward: “If you give a great speech, business will follow.”

The Key to Success If you are going to be a presenter, the expert, the font of wisdom, you must remember one central fact. It’s not about you. It’s about them, the audience, the listeners and people who are investing their precious morning, afternoon or evening to hear and see you.

They listen intently with one question in mind: what’s in it for me? As well, they want to be engaged by your personality and passion for your subject matter. If you are passionate about your topic, your listeners will become excited about it too.

If you deliver your message with enthusiasm, voice variance and convincing inflections, staying clear of the podium and employing dramatic body language, you will become a people magnet.

That podium puts a wall between you and the audience.

Ditch it and connect with the people you want to win over.

Don’t let the podium be a barrier — that just tells those folks you’re nervous and uncertain. Remember, you’re the expert.

You know your material frontwards, backwards and inside-out.

Come out in the open and be open. Stand tall and confident.

Connect. Smile and use a tone of voice that makes people feel good.

A Success Story Last year I spoke at an event attended by over 700 people from companies large and small. After my speech, I sat in on a couple of workshops. One was a presentation by an attorney to about 75 people. A podium stood at the front of the room but she didn’t go near it. Instead she walked from side to side and up and down a few rows. Why? To connect with her audience.

She carried herself with poise and dignity and was passionate about her subject, corporate tax law. Everyone could see that she knew her stuff and was well-prepared.

She gave her talk with energy, passion and style. When it was over, I counted 25 people who came up to her and handed her their cards, saying they were interested in speaking further with her. I heard them say so. After the room emptied, and while she was packing up her things, I walked up to her and introduced myself. We talked about how her presentations were generating new business for her firm and self-evident benefits for herself.

She said she had been doing approximately eight to 10 presentations a year. Each year, her speaking had led to increased revenues. We shared a knowing laugh when I told her

our consulting firm has seen the same results. When I asked her what the key to her success was, she said, “Most lawyers think it is a waste of time to speak because they don’t want to make the effort to practice. Most of my colleagues have the attitude that it is always about them but, in the real world outside of law, it is all about the needs of the audience. That’s why I continue to speak and keep growing my practice at an unbelievable rate each year.”

Jeff Wolf is one of America’s foremost executive business coaches, speakers and management consultants. In December 2010, prestigious Leadership Excellence Magazine named him one of the Top 100 Thought Leaders for his accomplishments in leadership development, managerial effectiveness and organizational productivity. His strategic focus on solving corporate and human issues has garnered continuing raves from myriad global organizations. Jeff can be reached at: (858) 6388260 and jeff@wolfmotivation.com

Here’s something to take to heart...

A famous study on communication found that:

55% 38% 7%

of communication is body language

is tone of voice

is the actual words

Attorney Journal Orange County | Volume 126, 2016 31

PRSRT STD U.S. POSTAGE

PAID

Post Falls, ID PERMIT NO. 32