Attorney Journal, Orange County, Volume 150 by Attorney Journals

ORANGE COUNTY

Volume 150, 2018 $6.95

Thinking of Relocating Your Business? The City of San Diego May Pay You to Stay

Justine K. Nielsen & Sara G. Neva

Build It or Change? Making Culture Tangible

Jay Connolly

The “If-the-Market-KnewMy-Story” Approach to Business Development

Eric Fletcher

The Future of Law Firm Business Development Belongs to the Bold

Mike O’Horo

19 Secrets That Increase Response to Print Ads

Trey Ryder

The Introvert Lawyer’s Guide to Networking

Claire E. Parsons PROFESSIONAL PROFILE

Sean S. Vahdat

Speaking from Experience

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2018 EDITION—NO.150

TABLE OF CONTENTS 6 Nineteen Secrets That Increase Response to Print Ads by Trey Ryder

10 The Introvert Lawyer’s Guide to Networking by Claire E. Parsons

EXECUTIVE PUBLISHER Brian Topor

12 Community News

EDITOR Wendy Price

14 Build It or Change? Making Culture Tangible

CREATIVE SERVICES Skidmutro Creative Partners

by Jay Connolly

CIRCULATION Angela Watson

LAW FIRM OF THE MONTH

16 Sullivan & Associates, Irvine A Hands-On Approach to Attorney Referrals

PHOTOGRAPHY Chris Griffiths STAFF WRITERS Dan Baldwin Jennifer Hadley CONTRIBUTING EDITORIALISTS Claire E. Parsons Eric Fletcher Jay Connolly Justine K. Nielsen Sara G. Neva Mike O’Horo Trey Ryder WEBMASTER Mariusz Opalka ADVERTISING INQUIRIES Info@AttorneyJournal.us 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.

by Dan Baldwin

PROFESSIONAL PROFILE OF THE MONTH

24 Sean S. Vahdat Speaking from Experience by Dan Baldwin

26 The Future of Law Firm Business Development Belongs to the Bold by Mike O’Horo

28 The “If-the-Market-KnewMy-Story” Approach to Business Development by Eric Fletcher

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 2018 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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19 Secrets That Increase Response to Print Ads by Trey Ryder

ave you ever purchased a display ad in the newspaper and then not received a single call? Or placed an ad in a magazine, only to conclude that no one ever saw it? What went wrong? Here are seven common reasons prospects don’t respond to ads. 1. Prospects don’t see your ad because no graphic image captures their attention. 2. Prospects don’t read your ad because the headline does not promise them anything they want. 3. Prospects don’t respond because your words are weak and uninteresting. 4. Prospects don’t believe what you say. 5. Prospects don’t respond because you don’t present a clear offer. 6. Prospects don’t respond because they don’t know what you want them to do. 7. Prospects intend to respond but they aren’t motivated to act now. They set your ad aside, something else comes up, and you’re history. To help you save money, time and aggravation—and to help you keep from losing business to other lawyers—follow these 19 secrets.

GRAPHICS Secret #1: Make sure your ad contains one large, dark element It may be a heavy black headline, a photograph or an illustration—anything that is big and dark. Try this: Open a newspaper and notice which ad you see first. You’ll discover that the ad that gets your attention right away is the ad that contains the largest and darkest single element. A small ad can draw more attention than a big ad if the small ad contains the largest and darkest element on the page. 6

Attorney Journal Orange County | Volume 150, 2018

Secret #2: Make sure your headline is large and bold Narrow typefaces aren’t wide enough to attract attention. So, make sure the font you choose for your headline is large, wide, bold and easy to read. This way, readers scanning the page cannot help but see your headline. And if your headline contains a powerful message, it will seize your prospects’ attention and stop them in their tracks.

Secret #3: Use a simple layout and avoid clutter One large picture works better than several small pictures. You want to help your prospects’ eyes flow smoothly from the top left corner to the bottom right corner of your ad. If you obstruct that flow, make sure the obstruction is a vital part of your advertising message.

Secret #4: Never let your artwork overwhelm your words What you say is always more important than how the ad looks. Don’t use so many photos or illustrations that your reader cannot follow your message. No matter what you are advertising, never let your artwork overwhelm your words. Make sure that your artist understands and abides by this basic commandment.

Secret #5: Do not print words across a photograph or illustration, even if the image appears only faintly on the page When you print words across a photograph, you shoot yourself in the foot because, in most cases, the words are too hard to read. As a result, the reader turns the page and you lose a prospect. If you want to make your ad appear artistic or stylish, find another way—because when you print words on top of pictures, you greatly reduce your ad’s impact. (To see how overprinting can hurt you, look for examples in newspapers or the yellow pages. They are easy to spot because the ads are nearly impossible to read.)

HEADLINES Secret #6: Get the main point of your message into your headline Four out of five readers do not read past the headline. So, if you depend on the body of your ad to tell your story, you are wasting 80% of your money. The headline is the only part of the ad most people read.

Secret #7: Make sure the headline tells your readers how they benefit from hiring your services Every headline has one job: to stop your prospects and get them to read your ad. The quickest and easiest way to stop your prospects is by promising them something they want. So, in your headline, tell your prospects how they will benefit from hiring your services.

Secret #8: Your headline should point out how you are different from your competitors If your prospects do not know how you differ from other lawyers, they have no reason to choose you over someone else. But when prospects value your positive differences, they have good reasons to hire your services. Your headline should instantly convey your competitive advantages, so prospects know immediately what makes you different from everyone else.

COPY Secret #9: Don’t skimp on facts If you want your prospects to hire you, you should answer every question they might ask. This means you’ll be lengthy, but don’t worry. Long copy sells. Not because it’s long, but because it’s complete. If you reach interested prospects, they will read all the copy you give him. But you cannot expect prospects to hire you if they don’t have enough information to decide.

Secret #10: If you make a claim, prove it Support your claims with facts, figures, testimonials, case histories. Words like “experience”, “qualified” and “results” aren’t proof of anything. They are simply unsupported claims. Positive, specific statements build the credibility you need so your prospects believe what you say.

Secret #11: Get to the point—FAST! Your prospect’s first question is always, “What’s in it for me?” Many lawyers take too long to get to the main benefit. Don’t

save your most important benefit until last. Put it in the first paragraph. One basic principle of advertising is to fire your biggest gun first.

Secret #12: Write the way you talk Always use down-to-earth, everyday language. Ask yourself, would most of my prospects understand what I’m saying? When you write in plain English, you increase your ad’s readership. And the better your readership, the better your response. Look for ways to warm up your copy—to make it friendlier and more personal.

Secret #13: Tell prospects what they will lose if they don’t hire your services Remember this important principle: The fear of loss is greater than the desire for gain. This means your prospects fear losing something more than they want to gain or achieve something. Many ads tell prospects what they will gain from hiring your services. But few ads point out what prospects will lose if they do not hire you. Point out to prospects that if they don’t hire you, their situation may persist and could even grow worse. Discuss the problems they could face if they don’t hire you.

Secret #14: Don’t waste words Examine each word in your ad. Is it necessary? Does it help get your prospects to act now? If it doesn’t help, it hurts—because it distracts your readers from the important parts of your message. If you don’t need a word, get rid of it. Lean writing looks better, reads better, and it’s easier to understand. It moves your prospect to action. So, don’t waste words.

Secret #15: Tell your prospects exactly what you want them to do Many lawyer ads do not ask prospects to do anything. They simply hope the readers can figure it out for themselves. If your prospects are interested enough to read your ad, they want to know how to respond. So, tell them what you want them to do: “Call today to schedule a free consultation.” “Register now for our free seminar.” “For full details, visit our website at www.yoursite.com.” If you want your prospects to respond, don’t leave them guessing. Tell them exactly what you want them to do.

OFFERS Secret #16: Invite telephone calls and emails Many people are shy. They want to talk with you, but they know most lawyers are busy. They don’t want to interrupt what you are doing, so they hesitate to call. Eventually, their reluctance Attorney Journal Orange County | Volume 150, 2018

becomes permanent and you have lost another client. Make sure prospects know you welcome their calls and you’re happy to talk with them over the telephone. For many lawyers, email inquiries are a better option because they don’t interrupt what you’re doing. Plus, you can respond when you get a moment.

Secret #17: Make sure your telephone number and your email address are easy to find and easy to read If your prospects read your ad, don’t make it hard for them to respond. Feature your telephone number and email address in large, easy-to-read, bold type. No fancy scripts. No fine print. If your readers can’t find your contact information—or if they have trouble reading it—they won’t bother. They will simply call someone else.

Secret #18: Offer to give advice over the telephone Meeting with you in person is often a burden for prospects. If your hours end at 5 p.m., your prospects may need to take time off work to meet with you. Then they will have to fight traffic

and find a place to park. Plus, they may have to rush their meeting with you, so they can get back to work on time. When you offer to provide information over the telephone, you make getting advice convenient for your prospects. This helps you establish your credibility in a calm, unhurried telephone call. Then, when you suggest an in-person meeting, your prospects will be more open to your suggestion.

Secret #19: Include a toll-free number so prospects can reach you without paying for a long-distance phone call How many times have you prepared to make a call—and then changed your mind when you learned the call was long distance? Today’s consumers want good service and part of good service is not asking prospects to pay money to call you. If you want to increase response to your ads, provide a tollfree number. n Trey Ryder shares his marketing method with lawyers through a wide range of publications. In addition, he writes and publishes his free e-zine, The Ryder Method™ of Education-Based Marketing. And he maintains the Lawyer Marketing Advisor at www.treyryder.com. He can be reached at: trey@treyryder.com

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Attorney Journal Orange County | Volume 150, 2018

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The Introvert Lawyer’s Guide to Networking by Claire E. Parsons

few years ago, a meme that I found hilarious circulated the internet. It read “Introverts of the world unite! Separately. In your own homes.” That meme is both true and not true, and maybe that’s why it is funny. It is true because introverts tend not to like large group activities, but it is also not true because it doesn’t mean they can’t do the things that we tend to categorize as activities for extroverts. I’m a trial lawyer, I love public speaking, and I am an introvert. Networking is a part of professional life for most lawyers, even introverts like me. Over the years, I’ve picked up some strategies that have allowed me to do the networking I have to do to advance my practice without draining myself or causing too much suffering. Here they are.

1. Follow Your Passion In Quiet: The Power of Introverts in a World that Can’t Stop Talking, Susan Cain identifies Eleanor Roosevelt as an introvert. Yes, the indomitable and expectation-defying First Lady is classified as someone who preferred quiet life and enjoyed solitude or small groups. How did Roosevelt manage to do the work she had to do as First Lady? Cain posits that she followed her passion. In other words, Roosevelt was motivated to positively impact the world and drew courage and inspiration from that. There’s a good lesson here for all of us. Networking for lawyers does not have to follow any set path. To do it well, you just need to get out of your office and engage with the community. Find a cause that matters to you or even something you just find fun and go for it. When you really believe in a cause or just enjoy an activity, you will likely find it much easier to handle large group activities or even public speaking.

2. Know the Power of One Networking often gets conflated with attending networking events, like happy hours, but that is not the only way to do it. Introverts are experts at the inner life, so we may be 10

Attorney Journal Orange County | Volume 150, 2018

better at finding ways to deeply connect with people in a way that others will remember for a long time. Capitalize on this skill! Don’t underestimate the value of one-on-one or small group lunch dates. Don’t forget that your book club with a few friends is still networking. The goal of networking is to expand your social circle and build your reputation with new people. If you keep at it, consistently and over time, you will expand your reach substantially even if you meet only a few new people at a time. In fact, you don’t even have to leave your office to expand and tend to your network. One of my favorite things to do is to write notes to friends and contacts. This may seem small but can have huge benefits. In The Tipping Point, Malcolm Gladwell discussed the impressive social network that one well-known connector developed in part by sending birthday cards to all the loose contacts he developed in his daily life. In other words, networking does not have to be big and flashy. If it is consistently and authentically done, small acts over time can help even the quietest of introverts develop an impressive and loyal social network.

3. Grin and Bear It As we all know, nothing worthwhile ever comes easy. Thus, at a certain point, most lawyer introverts are going to have to learn to deal with larger social events at least part of the time. If you treat yourself with compassion and keep trying, this will eventually get easier. Early in my practice, I hated going to networking events because it made my feeling of being a kid play-acting at being a lawyer go into overdrive. I didn’t know anyone. I didn’t know what to say. And it just felt awkward and awful. My answer: I joined the happy hour committee with my local chamber of commerce and eventually chaired it. As a committee member, it was my job to not only attend but also welcome new attendees. I found that, because it was my job, it was a lot easier to approach new people and start conversations. With practice and over time, I built skills and

new contacts. After a few months, the conversation was effortless and even fun. In other words, introversion is a tendency, but it doesn’t have to be a destiny. With time and attention, you can build skills and confidence that make large social interactions much less challenging and more fun.

4. Remember to Recharge I must return to Susan Cain here because her book is one that all introverts should read since her definition of introversion is the best I’ve heard. She defines introverts as people who in general crave less—not socialization— but stimulation. This often translates as an avoidance of large social activities because those tend to be the circumstances in which introverts may become over stimulated, worn down, or grumpy. In large social gatherings, there is stimulation galore: activity, noise, and the stress of coming up with things to say. When I went through leadership development programs, I often jokingly called the sessions an “introvert’s nightmare” because we would travel around in groups of 40 or more all day, without any real break, and often in close quarters. I loved the people in these programs, but this was exhausting. The thing that helped me the most was making a concerted effort to recharge whenever I had the chance. If we got even a short break, I would go meditate or take a quick walk by myself. If we didn’t, I brought headphones and took 5 minutes to meditate or listen to calming music on the bus. These small breaks helped me rest and recharge, so I did not get overstimulated and could enjoy the rest of the activities. You don’t have to meditate necessarily, but if you can find a way to relax (i.e., manage your intake of stimulation) before or after large social activities, it may help you be present for and enjoy them more. In short, networking is something introvert lawyers can and should do. But networking for introverts may not look exactly like networking for extroverts. And you know what? That’s okay. All lawyers must find a style of practice that works for them, so it makes sense that we all must also find a style of networking that suits our personalities. In sum and to borrow from another meme, I say to my fellow introvert lawyers, keep calm and network. n Claire E. Parsons practices in the firm’s Government Practice and Commercial Litigation practice groups. She focuses her practice on Civil Rights Litigation, Employment Law, School Law, Special Education and Domestic Relations. This article was first published on Ms. JD with the Writers in Residence program. To learn more about Claire E. Parsons, please visit: http://www.aswdlaw.com.

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View our portfolio at skidmutro.com Attorney Journal Orange County | Volume 150, 2018

COMMUNITY news  Carothers DiSante & Freudenberger LLP (CDF), an award-

winning employment, labor and immigration law firm recognized for protecting employers with workforces in California for nearly 25 years, was recently named one of the “Best Law Firms for Minority Attorneys” in Law360’s 2018 Glass Ceiling Report for firms with 20-149 attorneys. This accolade arrives on the heels of CDF’s recent listing as one of the “Best Law Firms for Female Attorneys” in Law360’s same report. Across the legal field as an industry average, minorities make up 21 percent of non-partners and eight percent of equity partners, according to Law360’s “Best Law Firms for Minority Attorneys” report. In contrast, 50 percent of CDF non-partner attorneys are minorities, while 32 percent of all CDF attorneys are minorities, and one-third of CDF’s equity partner management committee is minority or female. Moreover, women and minorities account for more than 60 percent of the firm’s total number of attorneys. CDF has long prioritized diversity and inclusion as bedrocks of its organization by providing top leadership opportunities for women and minority attorneys. The firm is dedicated to recruiting, developing and retaining diverse talent and ensuring CDF provides an accessible and inclusive working environment.

 Keller/Anderle LLP is pleased

to announce that Reuben Camper Cahn has joined the firm as a partner. In addition to trying more than 100 cases to jury verdict, Mr. Cahn has argued twice before the United States Supreme Court (in 2011 and 2018), a combination that is all but unknown. Most recently REUBEN CAMPER CAHN Mr. Cahn was Executive Director of Defenders, Inc., in San Diego for 13 years, managing an office of over 60 attorneys and 140 employees, with a budget of $26 million. Mr. Cahn has been appointed “counsel learned in the law” by federal judges in over 15 capital trials. Additionally, he represented alleged enemy combatants confined at Guantanamo Bay Naval Base and in litigation before the District of Columbia Court and the D.C. Circuit Court of Appeals. Mr. Cahn holds a Top Secret/SCI Clearance. At Keller/Anderle Mr. Cahn focuses on commercial litigation, white collar criminal defense, and appeals. He brings to his K/A clients the energy and experience honed in countless jury trials, and in arguments before federal appellate courts and the highest court in the land.

 Newmeyer & Dillion LLP

DAVE CAROTHERS

MARIE DISANTE

TIM FREUDENBERGER

 Aitken Aitken Cohn is pleased to announce that all qualified

lawyers, eight in total, have been included in the 2019 Edition of The Best Lawyers in America! This is the 31st consecutive year that founding partner Wylie Aitken has received the Best Lawyer distinction; the 6th consecutive year for partners Darren Aitken, Chris Aitken, and Richard Cohn; the 3rd consecutive year for Ashleigh Aitken, Michael Penn, and Casey Johnson; and the debut year for associate Atticus Wegman.

WYLIE AITKEN

CHRIS AITKEN

is proud to be selected as one of the 2018 Best Places to Work in Orange County in the category of medium-sized companies. This marks the seventh consecutive year Newmeyer & Dillion LLP has made the list, affirming that its profound commitment to professionalism and JEFFREY DENNIS client service is shared among its workforce. Jeff Dennis, Newmeyer & Dillion’s Managing Partner, commends the effort of each employee in achieving this result. “Together, we strive to maintain an innovative, collaborative and creative culture that cannot be matched anywhere else, and we are sincerely grateful for each of our employees’ ongoing commitment to the firm’s values.” The awards program was created in 2009 and is a project of the Orange County Business Journal and Best Companies Group. This county-wide survey and awards program was designed to identify, recognize and honor the best places of employment in Orange County, California, benefiting the county’s economy, its workforce and businesses.

ASHLEIGH AITKEN

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Attorney Journal Orange County | Volume 150, 2018

Email it to PR@AttorneyJournal.us

 Kevin DeSantis, managing partner of the law firm

Dunn DeSantis Walt & Kendrick, has been selected by his peers for inclusion in the 25th Edition of The Best Lawyers in America® in the fields of Legal Malpractice Law – Defendants and Professional Malpractice Law – Defendants. Certified by the State Bar of California as a specialist in legal malpractice law, DeSantis regularly represents clients in complex civil KEVIN DESANTIS litigation matters and risk management, focusing on professional liability, commercial disputes, transportation industry matters, and employment law disputes. DeSantis also provides general business representation and strategic advisement services to companies of all sizes including architecture, engineering, legal and financial services providers, and to domestic and international transportation companies. Dunn DeSantis Walt & Kendrick has locations in San Diego, La Jolla, Irvine and Dallas.

 For the sixth consecutive year, Berger Kahn

Partner Erin Mindoro Ezra has been named to the Southern California Super Lawyers 2018 “Rising Stars” list. Erin has received this designation from Super Lawyers through a detailed research process, peer evaluation, and because of her demonstration of excellence while practicing law. Berger Kahn congratulates Erin for her recognition. ERIN MINDORO EZRA

 Robert J. Francavilla, a partner with CaseyGerry,

was recently inducted as a fellow in the International Academy of Trial Lawyers, (IATL).Each year, IATL inducts fellows who have achieved a career of excellence through demonstrated skill and ability in jury trials, trials before the court and appellate practice. Members are engaged in civil practice on both the plaintiff’s and the defendant’s side of the courtroom and the trial of criminal cases. The Academy invites only lawyers who ROBERT J. FRANCAVILLA have attained the highest level of advocacy who are inducted following a comprehensive screening process, which identifies the most distinguished members of the trial bar by means of both peer and judicial review. Francavilla has been lauded on numerous occasions for his trial work and last year was honored as “Trial Lawyer of the Year” by the Consumer Attorneys of San Diego (CASD). He has been recognized as an “Outstanding Trial Lawyer” by CASD on six separate occasions. Also, he was named one of California’s top 25 plaintiff’s lawyers by the Daily Journal. He is a past president of the Consumer Attorneys of San Diego and is a member of the American Board of Trial Advocates (ABOTA).

Attorney Journal Orange County | Volume 150, 2018

Build It or Change? Making Culture Tangible by Jay Connolly

30,000 feet. Long-haul travel. I am tired but intrigued about what I am observing. Not the behavior of other passengers, which would be cause for many articles, but the cabin team. There is a tangible difference in the approach, connection and way that many routine air travel activities are being executed. Having now flown with this particular airline a few times, this is not a one-off. Indeed, last year my family was with me—they still talk about that flight, because of the cabin team. With land far below, and only a few hours until I need to step off this flying machine pretending to be fresh and unaffected by the travel, I reflect on what is driving the noticeable difference in the team working and resulting positive impact. Culture—that word that often seems so ambiguous, yet when we experience it we see that it can indeed be so powerful. Is it easier to build a new culture or change what you have? Is this airline blessed with new teams or have they taken conscious steps? Other competitors clearly have tried to make an impact and from my personal experience it seems any change in culture is largely unobservable. The culture in our teams and organizations is far more visible than we believe ... Most of us are likely starting with an existing team, certain organization structures, approaches and perceived norms. So, evolving the culture needs to be our focus – our constant focus. Here are the questions I believe we need to ask ourselves:

1. What’s your first question? At the start of every meeting what are you focusing on? What signals are you sending about the priorities in the team/

Attorney Journal Orange County | Volume 150, 2018

organization? To change the culture, it needs to be on the areas you are seeking to impact.

2. What do you tolerate? We try hard to role model behaviors and lead by example. Yet, be honest, what are the behaviors, actions, comments that you tolerate and do not address? That is what really defines the culture.

3. Are you consistent? We are not perfect, but we need to be more consistent to make the change become the norm. Be repetitive. Try different approaches but stay focused on the outcome. The culture in our teams and organizations is far more visible than we believe. Our clients/customers see far more than we necessarily want them to. Not only is there huge opportunity to achieve more engagement, commitment, performance, impact and success through focusing on culture, we can also demonstrate who we are with greater results to those outside the organization. Our expectations. Our way of doing things. What we value. These things are not amorphous, and they need our attention. Back on the ground, I am trying to remain consistent … n Jay Connolly is the Global Chief Talent Officer of Dentons’ human resources, recruiting and training functions, delivering best practices and ensuring consistent standards across all geographies. He advises the firm’s leaders on opportunities to enhance all aspects of talent management including recruitment, performance management, diversity, training and development, and compensation and benefits programs for everyone at the firm. As part of the Dentons’ leadership team he is focused on building a world-leading HR and talent function. Learn more at: https://www.dentons.com/en/jay-connolly.

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A Hands-On Approach to Attorney Referrals

A Successful Strategy for this Southern California Family Attorney

here’s no better recognition of a firm’s commitment to taking care of clients than the referral by one’s friends, associates and even competitors in that field. The hands-on approach of Richard Sullivan, founder of Sullivan Law & Associates, has significantly helped increase his firm’s business through referrals from other attorneys and firms. The firm’s family law practice areas include adoption, divorce, child custody, child support, spousal support, property division, prenuptial and postnuptial agreements, post-divorce modifications, and guardianship. Typically, individuals and sometimes even families come to Sullivan Law because they are undergoing traumatic and emotional changes and they need help. Referring attorneys want to know that the law firm taking over the case has the knowledge and experience necessary, but also understands the emotionally charged situations involved. Attorneys continue to send clients to Sullivan Law not only because they get results, but because they also have excellent skills regarding client management. They know that managing expectations from the beginning elicits the best response from the client to the referring attorney.

Attorney Journal Orange County | Volume 150, 2018

Knowing how important these clients and relationships are, Sullivan has tirelessly trained his staff to handle referrals with the right balance of empathy and honesty. Before taking a case, they get to know what is most important to the client and what their goals are. After learning that vital information, they let them know what can be done to obtain their goals. In Sullivan’s experience, often, the client’s goals and what is legally available do not match and an explanation needs to be made as to why. “The rub,” Sullivan states, “is getting the client to actually gain that full understanding of all their options and expectations, and it’s the ability of the attorney to navigate this crucial conversation for that to really set in. It’s often this very conversation that either leads to the success or failure of the referral relationship and this is the type of conversation our attorneys have been trained very well at.” Sullivan continues to say, “Referring someone to an inexperienced family law attorney to go through the family law process is like going into a room with all the lights off. We’ve all been there, if you don’t know the lay of the land and you are without light, you’ll likely stub your toe more than once and you’ll be in some agony. Hiring an experienced attorney to walk

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Attorney Journal Orange County | Volume 150, 2018

your referral through the family law process is like walking through that dark room with someone who both knows the lay of the land and has a flashlight. It’ll save you, the referral attorney and the client a lot of toe stubs and agony to go with someone that can show the client where to go and know what to expect.” The firm is experienced enough with these relationships to pay special attention to the clients’ finances, as they know, if this aspect goes sour, so does your relationship and reputation with that client. Although goal-oriented at all times, the firm’s attorneys are careful to avoid the trap of spending a client’s money for the sake of building up earnings. Sullivan says, “We want the client to spend their money on things that matter. It is our practice to let the client know at each step how much each phase is likely to cost. We are sure to communicate far in advance, so they are not surprised by anything, financially or otherwise. For example, if a hearing is approaching, we work with our clients months in advance to let them know how much that portion will cost. If they are behind or need to work up to that amount we work with them on building their retainer up incrementally, at a pace that is comfortable to them. It’s our goal to ease as much stress as we can on their behalf and we’ve had a great response being as transparent as possible with them on all levels but most especially, finance. At the end of the day, it is our job to put our client and your referral in the best situation possible postdivorce, which many attorneys don’t consider.” This is the extra service referral clients have come to expect from Sullivan Law. Sullivan says, “Attorneys want to know that their client is being taken care of. If you’re going to give me a case, you want to know that I’m going to take care of that case. That lawyer should get a ‘Thank you for referring me to Sullivan because they took care of me’ note. That’s what I want. And that’s what we strive for.”

graduation, he taught high school and worked the summers in the construction trade for three years. He was accepted to Western State School of Law, working his way through as a 7/11 clerk, short order cook, and loading and unloading trucks at a grocery store. His first job after graduating was working Criminal Defense trying misdemeanors and eventually felonies, just like his father. The reality of practice did not match the vision of his younger days. He found himself dealing with a lot of drug dealers, felons and people who had committed heinous crimes. He examined his career choice and realized he no longer wanted to practice criminal defense. “I didn’t want to keep having my lunches while meeting with clients in their prison cells and also the bad guys were getting pretty bad. I now had a family to protect and raise.” Sullivan knew he was good in the courtroom and that he enjoyed the experience. The work was rewarding and interesting. “A lawyer is a salesman. He sells his client’s case to a judge. You’re telling a story and trying to get a good result for your client. I found that very rewarding,” he says. Clients today agree with his approach. One client recently, wrote, “Richard has that unique combination of an attorney who both cares for his clients and fights hard for them. Richard represented me in my divorce. My husband made all kinds of false accusations about me and got a restraining order that kept me from my child. I then hired Richard Sullivan. After speaking with him, I knew that Richard felt my pain about being separated from my child. In court Richard’s skill was amazing and, as an aside, he seemed to know everyone in the courthouse in Orange County. I now have custody of my child because of Richard. He gives the legal profession a good name.”

Chickens and Firewood Fire Up a Career

Sullivan reexamined the direction of his career yet again and made a bold choice to get back to the basics and get out of the big firm mentality where he had partnerships previously. In Sullivan’s mind, it was time to scale things back and work with the people he enjoyed and simplify the process. Sullivan Law & Associates was born 11 months ago and is in good hands for a long time to come. Sullivan has been wise in building a stable of talented attorneys around him; with a mix of youth and experience this firm’s trajectory is sky high. Sullivan, with 40 years of experience, has partnered with Carrie Foglesong (15 years) and Wendy Fountain (20 years) to combine their years of experience and wealth of knowledge to create a premiere Family Law firm in Orange County. The firm in total has seven full-time attorneys, three paralegals and nine support staff. The firm’s focus is Family Law. They practice mostly out of Orange County but also serves Los Angeles, Riverside, San Bernardino and San Diego in some instances. Their typical client is two-fold: One, they service your

Sullivan’s love of the law comes from his father, who was a small-town attorney in O’Fallon, Missouri. He first became aware of a desire to become an attorney back in the midsixties when he watched his father defend a black man who was charged with murder. The man was found not guilty, but his family didn’t have the money to pay attorney’s fees. The family instead paid in firewood and chickens. “They were the nicest people and I was struck by what an impact you can have by having a key to ‘the system’ and that’s when it set in on me. It was a very emotional day. Those were traumatic days. They made an impact on me and still today it helps me have a greater impact on our clients’ lives,” Sullivan says. Sullivan earned his B.A. from Southeast Missouri State in 1973 where he lettered in tennis and earned a lifetime teaching certificate and a BS in secondary education. After

Back to the Basics

Attorney Journal Orange County | Volume 150, 2018

Contact Richard Sullivan Sullivan Law & Associates 1920 Main Street, Suite 250 Irvine, CA 92614 www.Sullivan-Law.com

Attorney Journal Orange County | Volume 150, 2018

EXPERIENCE

ordinary Orange County Family. Second, they service high net worth individuals which Sullivan and his partners focus on exclusively. These cases are generally complex where lots of assets are at stake, financial matters are complex, and the issues are hard to understand. However, the firm is specifically staffed to handle any array of family law matters. Sullivan boasts, “With the number of attorneys and collective talent, knowledge and experience we have in our office there isn’t anything family law related that we cannot handle and handle it well.” Unique challenges are not new to the firm and they are not something the attorneys avoid. For example, a former client wrote, “Richard represented me in obtaining child support for my three children. I had a rather unique support arrangement and haven’t received support for the past nine years. Support is usually derived from a formula based upon declared income. In my case, my ex is a con man and provided meager support to back up his stated paltry income. Richard was able to lead the judge with inquiries causing the defendant to look ridiculous. As a result, the judge ruled outside of the norm and based his support amount not upon income but expenses. Subsequent to the ruling, my ex has refused to pay and Richard is proactively obtaining a writ to freeze monies declared in the court proceeding. Richard has been there every step of the way. He truly is compassionate.” Of all his tasks as founding partner, Sullivan most enjoys the courtroom experience – the preparation, presentation of evidence, the interplay among attorneys and judges, and interacting with the court staff. Although he always maintains a thoroughly professional demeanor, he does showcase a sense of humor. “If there was something unique that I often hear about myself in a professional setting, it’s my ability to have a sense of humor while practicing. It doesn’t matter if I am on the phone with opposing counsel, in chambers with the Judge or litigating in the Courtroom. A sense of levity during these difficult times eases tensions and in my opinion creates better results.” As you can see, Sullivan Law has a very specific formula by which they create success. It’s no wonder after 40 years of practice, partnering at three previous firms, that he has running a firm down to a science and he’ll tell you this is by far his best iteration. n

» EDUCATION

• Southeast Missouri State University, 1973 • Western State College of Law, 1978

» BAR ADMISSIONS • State Bar of California

• California Supreme Court • U.S. District Court, Central District • U.S. Federal Tax Court

» MEMBER ASSOCIATIONS • Orange County Bar Association

• Orange County Family Law Section of the State Bar of California • Appointed by the Orange County Superior Court to represent minors • Served as Special Master to the Court to address litigation in domestic relation actions • Served as a lecturer, instructor, and panelist for the State Bar of California, Orange County Bar Association, Western State School of Law, and Chapman School of Law • Executive committee member of the Orange County Bar Association, Family Law Section • Board member of the Orange County Community Service Program – CSP Victim Assistance • Executive committee member of the Orange County Bar Association, Family Law Section

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Attorney Journal Orange County | Volume 150, 2018

and I needed assistance from a recent car accident case, which cost us huge monetary losses in terms of hospital bills and auto repairs. He and his staff helped us through the case, down to the tiniest details. He is a consummate law professional and explains everything without leaving you blind or clueless about the process. We would recommend Mr. Vahdat without hesitation.” Vahdat founded his firm in 2005 and has been operating his practice since. His practice areas are personal injury, bankruptcy, criminal defense and employment law. The firm’s main office is in the City of Orange with satellite offices in Irvine, Los Angeles, and Inland Empire. He earned his J.D. from Pacific West College of Law where he graduated Suma Cum Laude. He is licensed to practice law in all courts in California, including the U.S. Court of Appeals for the armed forces, and the U.S. Court of Appeals for veteran claims. Vahdat also enjoys the personal contact with each client. He says, “Every day is a challenge, but it’s important to remember that it is the client who faces the real challenge. I have an immense sense of responsibility for my clients and I believe it is essential to treat them like my own family. And I can honestly say to each client, ‘I understand what you’re going through; I’ve been there myself.’” He has lived in Orange County since moving as a refugee from Iran in 1989. Sean has lived in many countries, and English was Sean’s fourth Language. He and his wife of ten years have two children. He enjoys reading, coaching soccer, watching sports, and playing the guitar. n

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Attorney Journal Orange County | Volume 150, 2018

The Future of Law Firm Business Development Belongs to the Bold by Mike O’Horo

ltimately, the meek may, indeed, inherit the earth. But history suggests that, in the meantime, meek salespeople will waste time, money and energy and miss out on the opportunities awaiting those with the vision and courage to take bold action. By now all but the most resolute of ostriches have accepted that the embryonic law firm sales function is undergoing change at a dizzying pace. But the language of the current sales debate suggests that many participants still don’t appreciate the degree. The word “change” understates the situation to distortion, like saying that banking has “changed” from long teller lines and limited retail hours to instantaneous 24-7 global transactions from mobile phones. We’re talking revolution and disruption here, not change.

Legal service selling isn’t changing; it’s being born

Any similarities between what was and what will be is coincidental. Doubters need only consider the number of law firm sacred cows—economic and cultural—that clients have already made extinct or are now putting on the endangered species list: annual rate increases; paying for associate development; highly paid partners without clients, and many others. To that add, “delivering business to your door with no cost or effort on your part.”

Reluctant salespeople

In the face of this, law firms have embraced “selling,” sort of, but they still resist doing it in a serious way. Too many law firm sales efforts are constrained by fear and denial. Contrast that with your corporate clients’ sales behavior. They know that product advantages are fleeting, and they invest heavily trying every imaginable way to have the best sales force as a lasting competitive edge. 26

Attorney Journal Orange County | Volume 150, 2018

Your clients are everyone else’s prospects, and no matter what size or type, they’re approached by dozens—perhaps hundreds— of law firms each year. (Fortunately for you now, your competitors do it badly, too.) Most buyers perceive all established firms as sufficiently competent that claims of differentiation based on technical capability fall on deaf ears.

You’re one of far too many

That means that most lawyers are seen as one of hundreds or, perhaps, thousands in a very large, amorphous category: “capable lawyers.” No matter how cleverly packaged verbally, all versions of “we do great legal work” perpetuate this trap. With a few high-stakes exceptions, buyers believe that, for the bulk of the legal service categories, there’s no shortage of firms whose legal work is good enough. As they consolidate, law firms are fast approaching a condition common in mature categories (e.g., accounting, management consulting) in which the only way to differentiate is through the quality and effectiveness of your sales force. How much difference can there be in relative technical knowledge among the Big Four accounting/consulting firms, or among the largest systems integration firms? So, what determines who wins and loses when they compete? Sales effectiveness.

Dilettante selling

Undertaking random tactics, such as lunch or Gang of Four pitches, is not selling. Nor is hosting a few me-too seminars, getting lawyers occasional publicity, or hacking together a LinkedIn profile. This activity-based, dilettante approach wastes all the time and money committed because it produces few results other than making the lawyers occasionally feel like they are doing something.

Real selling

Here are some key characteristics of effective selling: • Visibly committed executive leadership • Systemic endeavor with clear, measurable goals of shared importance and value • Shaped by strategic objectives • Championed by the firm’s leadership and understood by all • Strategies defined, and tactics executed by a combination of inside and outside sales and sales-support resources • Related changes in support systems and processes • Committed enough time and funding to accomplish the stated goals Real selling means: • Understanding what drives demand for your most important or valuable services, • Focusing only on companies whose strategic situation and operating conditions fit your demand trigger profile, and • Conducting an organized, sustained series of interactions that the relevant decision stakeholders find valuable.

Sticker shock

Many lawyers balk at talking with buyers about what it costs to solve their problem correctly, particularly when the prospect is actively considering multiple competitors. The problem is looking only at the cost side of the equation. In absolute terms, a half-million dollars may be a lot of money, but is it a lot to a company who perceives $50 million worth of negative impact from the demand-triggering problem? Company stakeholders entrusted with investment decisions about hiring advisors for high-impact problems are experienced business people who have no trouble understanding the relationship between expected return, required investment, and risk. It is no surprise that lawyers steeped career-long in an economic system focused on one-hour increments struggle to grasp the value side of the business equation. That they are uncomfortable discussing fees should surprise nobody.

End-game-itis

With predictably disastrous results, inexperienced salespeople— not just lawyers, but in every industry—tend to outpace their buyers, jumping ahead to the “buy” at the first expression of interest or need. Think about a social analogy: “Hi. My name is Mike. Want to get married and have children?” Go ahead, chuckle at the absurdity, but be prepared to have the same fun with, “Hi. My name is Mike. We’re a great firm and I’m a great lawyer. Hire me.” ...“what gets measured gets done.”

Lack of sales management

Too many firms’ executive management purchase sales training or hire Business Development Officers, or both, then immediately go into “Pontius Pilate” mode, i.e., washing their hands of the unseemly “sales” problem. As Lou Gerstner said of

the transformation of IBM in his book, Who Says Elephants Can’t Dance, “what gets measured gets done.” Without visible, consistent oversight and attention by senior management who demonstrate their seriousness and hold the lawyers accountable, the message is clear: It’s OK not to fulfill your sales commitments. Why would busy lawyers do what it’s OK not to do?

The good news

The things that lawyers fear most about the cultural stereotype of selling—risk of rejection, aggressively persuasive behaviors, misrepresentation or outright dishonesty—are no more characteristic of professional salespeople (emphasis on professional) who manage complex, business-to-business buying decisions among senior executives than stereotypical ambulance-chasing behaviors are characteristic of business law firms and lawyers. In fact, the irony is that the very “lawyering” skills that lawyers trust and rely on, applied without modification to business acquisition, are called “selling.” So, relax. You don’t need a whole set of alien skills and behaviors. Just do—before you’re hired— what you do after you’re hired.

The bad news

Sooner or later, more law firms and lawyers will take selling seriously. How long can your firm safely wait? That depends on your confidence in “hoping” as a strategy, i.e., hoping that an unspecified percentage of your lawyer population will voluntarily conduct an unspecified amount of undirected sales activity to generate an unspecified amount of revenue annually. If you embrace this approach you’d be wise to keep it secret from your clients, who may begin to question your sanity. When the telecommunications industry was reborn following the breakup of the old AT&T there emerged a cadre of huge winners, and many others who “coulda, shoulda, woulda.” Likewise, the legal service industry winners, who will control the most desirable and profitable segments of each service category, will be those who acted early, boldly, strategically, and shrewdly. It has been said that those who ignore history are condemned to repeat it. The opportunity for market leadership through sales superiority is wide open now, but this market, like banking, computers, telecommunications, and accounting services before it, will consolidate and stratify even further, with increasing numbers of new competitors who aren’t law firms. Then, it will really get difficult and expensive to try to change the pecking order. It is much easier, and far less costly, to overcome fear and reluctance now. n Mike O’Horo is the co-founder of RainmakerVT and has trained 7,000 lawyers in firms of all sizes and types, in virtually every practice type. They attribute $1.5 billion in additional business to their collaboration. His latest innovation, Dezurve, reduces firms’ business development training investment risks by identifying which lawyers are serious about learning BD.

Attorney Journal Orange County | Volume 150, 2018

The “If-the-MarketKnew-My-Story” Approach to Business Development by Eric Fletcher

here is a basic principle in communication theory— shared experiences form the basis for the most effective communication. Where Communication Occurs

Your Field of Experiences

Target’s Field of Experiences

Even if we did not formally study the science, most of us have first-hand experience with the validity of the principle— in intimate, social and professional settings alike. In the space where experiences of the communicator overlap with those of the audience, there is a common vernacular, similar concerns and dreams. Invest in identifying this common ground, and then use it as the foundation for your approach to connecting, and efforts are more efficient and productive. But when it comes to marketing, business development and sales strategies, we frequently opt to skip over this basic building block. In part, we can blame this on the fact that so many distribution channels are accessible and affordable. Once we have a product, service or cause, the temptation is to waste no time, and plunge headlong into shouting our story from every virtual rooftop available.

Attorney Journal Orange County | Volume 150, 2018

If the market knew our story, we reason out-loud … it would beat a path to our door is the unspoken inference. Yet even in the wake of overwhelming evidence to the contrary, we continue to focus on our story—from the breadth of our expertise to extraordinary talent (we only hire from the top 10%!); from our commitment to diversity to locations that make us virtually omnipresent … to anything else we can come up with that announces our availability. This is, after all, how it worked for professional service providers for decades—go to the right school, hang a nice shingle, do good work, follow the path and the market will find you. And though no one really believes it was the shingle that attracted the clients, we seem willing to believe that the contemporary shingles—a logo, a (clever) tag-line, and some finessed copy on a freshly minted website will make all the difference to today’s marketplace. We just need to get the word out there. Notwithstanding the existence and value of all the communication and marketing tools available today, wherever just-get-our-name-out-there is the refrain, the results likely look and sound the same as the competition’s. And organic growth is slow-to-nonexistent. When it comes to business development and marketing conversations, ROI is questioned. And eventually tactics (masquerading as new strategy) shift one more time.

This Time Begin with the Principle There is a way to create awareness that differentiates, takes advantage of all the distribution channels to reach the right audience, and even prompts the market to take a step in your direction. Just go back to that basic principle.

Effective Communication Begins with the Identification of Where Your Experiences Align with the Experiences of Your Target Market It is a simple equation. But for many, the difficulty exists in what the equation presumes—that a target has been identified. We mentioned the temptation above—to jump right in, grab the nearest tool, and broadcast our story to all within earshot … all the while assuming the power to deliver the market lies within an accounting of our skills, insights, and— provided we have enough time and space—our experiences. Yet, we know the verdict even before we begin. All the available communication channels notwithstanding—it is impossible to create a message relevant to everyone—when it comes time to precipitate the action that ultimately results in new business, the marketplace is littered with websites, ad campaigns, blogs, and social media feeds that promise everything … and all sound alike. Granted, knowing where to begin when it comes to target identification is challenging. But an important step is to beware the “anyone-who-needs-what-I-do” trap. The real estate lawyer who says “just put me in touch with anyone doing a real estate deal” is sacrificing the leverage that comes with being able to address specific issues, needs, and experiences. And the only way we can be certain we’re connecting with what our audience cares about, is to begin with a target. (By the way … the definition of “target” is not limited to one with hiring authority; but that is a topic for another post.) The more removed we are from being able to name a target, the more likely our strategy is little more than a hope that the market somehow find our door. Or our email address.

Get Targeting Right, and the Second Stumbling Block Is Easy to Avoid Here are three questions that frame a very simple target identification process: • Who do I want to work with? • Can I map relationships that connect me to the hiring authority? If not, • What must be accomplished to create that relationship map? Once a target is identified, a basic plan of action revolves around learning what the hiring authority cares about— that is, learning the relevant field of experiences. This is the intentional listening part of the equation. It includes market

analysis, research, and input from “coaches” identified during the relationship mapping process. Past experiences, future challenges, personal preferences—all of this serves to map the target’s field of experiences and help develop an understanding of what the market cares about. Invest in research—listen intently—and your target market will tell you what it will take to stand out and make contact—even in a crowded marketplace. Sure … if an offering is both one-of-a-kind (or scarce), and in high demand, announcing the unique availability may be all that is required to generate a wave of new business. Take the news of your service to the rooftops and commence shouting. But most of us exist in a competitive and noisy marketplace. Connecting is difficult enough; drawing a distinction between the services we offer and those of our competition requires more than just getting our message out there. It seems worth noting for the record that your most rewarding business development efforts will almost always be the byproduct of relationships. There are several reasons this is the case; but it is inescapable that when one is in the context of building and nurturing a relationship our efforts are focused. Targeted, if you will. Once a target has been identified, the marketing toolbox—content, events, PR, and the myriad of ways to go-to-market—will become a valued if not coveted resource. Several of the questions we wrestle with—should I be on Twitter … what about Linked In … should I speak, or blog, or volunteer … or all the above—become much less vexing. You’ll begin to consider these issues in the context of what your target cares about—that relevant field of experience. If we as marketers and service providers exchanged some of the resources we often invest in getting our story out there for an equal portion of target identification and intentional listening designed to find that highly productive space where our experiences—professional and personal—align with what our target cares about, we might find ourselves in the midst of wholly new conversations when it comes to business development. n Eric Fletcher is a seasoned marketing/business development executive, a published author and speaker. He advises professional service firms on strategic planning, growth, marketing, communication and sales. He authors the Marketing Brain Fodder Blog, is recognized among the “50 Marketing Thought Leads” by Brand Quarterly Magazine, ranks among the 50 most followed CMOs on Twitter, is co-author of “8 Mandates for Social Media Marketing Success,” and is a TEDx Talks presenter. Learn more at: https://www.linkedin.com/in/EricFletcher.

Attorney Journal Orange County | Volume 150, 2018

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