Marketing for Lawyers and Writing for Relationships
David Lorenzo
Defining “Must Do”
Mike O’Horo
Approaching Litigation Settlement, the Ahimsa Way
Joshua L. Kirsch
4 Sources of Inspiration for Brand Storytelling
Corrie Benfield
Pellegrino
CA Case Summaries
Monty A. McIntyre
Key Success Factors to Achieve Your Career Goals
Brian Tracy
How to Have a Successful Retreat: Walk on Water
Bob Denney
Specific Facts Build Powerful Marketing Arguments
Trey Ryder
Attorney of the Month
Vitalii Maliuk, Arvian Law Firm Serving San Diego
Championing Immigrant Dreams
• $22,659,551 settlement for clients defrauded in a local Ponzi scheme in Levin v. Chicago Title, et al. (2021)(Michael Kirby & Jason Kirby).
• Complete defense jury verdict in real estate dispute and more than $400,000 collected for attorneys’ fees and costs in Batter v. McElhinney, et al. (2019)(Jason Kirby).
• $2.1 million jury verdict for firm client in Doe v. San Diego Unified School District, et al. (2018)(Jason Kirby & Michael Kirby).
• $1.1 million arbitration award for firm clients on cross-complaint after zeroing plaintiff on $6 million damage claim in Step Strategy Advisors v. Solid Gold Health Products for Pets, Inc., et al. (2018)(Jason Kirby lead counsel).
When it comes to marketing for lawyers, building a relationship with your prospective client is critical. Before a client will trust you, they must feel as though they know you and like you. This is where regular writing can be a big help.
By regular writing, I mean using a blog, a newsletter or a weekly email to keep up communication with your base of clients and prospective clients. Writing and sharing these articles with some frequency will allow your readers to gain insight into your mindset. It allows them to project themselves into your world and they can actually develop a relationship with you through your writing.
When I introduce this as an important component of marketing for lawyers, I always receive some resistance. This comes from criminal lawyers, immigration lawyers, personal injury lawyers and family lawyers. They tell me that people will not even visit their website until they have a need for their services. While this may be (partially) true, when they do visit your website, they will read EVERYTHING that is up there. If the information is only about you and your law firm, they will not have a full understanding of how you can help them. It is far better to have them read an ongoing narrative of your thoughts than to read a canned bio.
Referral sources will also regularly read everything you write. It is critically important that your referral sources know you, like you and trust you. If you can keep them interested in what you have to say, on a daily, weekly or monthly basis, you will be amazed at the business that comes your way. Think about the member of the clergy who wants to refer immigration cases to you or the financial planner who needs to refer a divorce attorney to a client. If they want to send this referral to you, how will they gain any insight into who you are and your philosophy?
When attorneys start writing on a regular basis, they complain about the amount of time it takes. It does take time to organize
By David V. Lorenzo
your thoughts and put them into a coherent format for print or Internet consumption. But it is not like writing an academic research paper.
You are writing to develop a relationship. Nobody is grading you. While including facts and figures is good, sometimes people are more interested in what you think and how you feel about the topic. That is how relationships are developed. You do not build a relationship in a sterile environment with clinical information. It is messy and emotional. That’s life and that’s how you should write. There are four elements that should be included in an article you are writing for the purpose of building a relationship. These elements are summarized by using an acronym.
P.O.K.E. That stands for Personality, Opinion, Knowledge and Entertainment. Those are the four things readers are looking for when they read your writing. Below are some ways to incorporate each of these elements into your writing style.
Each of us has a distinct “voice” when we write. Legal writing tends to dull that voice. You need to find it and put in on display in your marketing. Be a real person. Demonstrate some emotion. People are not hiring a robot when they need a lawyer. They are hiring a flesh and blood human being and they expect you to act like one. Show them who you are through your writing.
What do you think? How do you feel about this topic? Those are the questions running through the mind of the reader while they are reading your article. If you take a stand, offer an opinion, some people will disagree with you. Some may even be turned off. But others will bond with you forever. Have some courage. Give your opinion. Your readers want it.
Educational marketing is fantastic for demonstrating knowledge. Your challenge is to do this in a way that is not condescending or demeaning. Help your readers discover the
truth; do not beat them over the head with it. You are helping people explore, grow and understand; you are not teaching. There is a huge difference.
People want to feel something when they walk away from reading your work. You must engage them emotionally. That is what entertainment is all about. You must, at some point, tap into their emotions and stir up some kind of feeling in them. That is the only way to truly develop a relationship with them. Writing this way is an acquired skill. It takes practice. Start by thinking about how you tell a story and model your writing after that. Then go back and look for each of the elements of the P.O.K.E. method in your article. If you can identify them, you’ve done well. If you can’t, see what’s missing and add it in later. It’s also very important to remember that all of these elements must be interesting to the reader. This can be done in three different ways:
Telling a story about a third party is an effective way to get your point across to your audience. Think of the story as an educational opportunity. Grab the audience and pull them into the story but wrap it up with an educational message. The third-party story blends emotional appeal with the appearance
Case studies are a more academic version of the third-party story. They contain actual facts, case information and often will contain citations. Many people use case studies when they want to make a logical appeal to their audience. Some people find this methodology to be more sterile and academic.
This is the most effective form of writing. When you tell a story about yourself, it allows the audience member to paint a mental picture of the entire situation. The receiver of your message will suspend disbelief and “get into” the story. They will feel the emotions you felt. They will relate to you. These three additional methods of emotionally engaging the audience of your message are all highly effective. The only decision you need to make is which method makes the most sense for you. Experiment with each writing style in your attorney marketing. n
Dave Lorenzo is the co-founder of Exit Success Lab. His role includes developing the strategic vision for the company, content creation, leading the sales and marketing efforts, and participating in the talent acquisition process. Lorenzo also works directly with clients to help them assess their revenue diversity and strategic positioning in the market. Learn more at www.exitsuccesslab.com/dave-lorenzo-bio.
Parties to litigation often experience it as an exceptionally stressful and even exasperating experience. Litigation has the potential to tax not just the parties’ time, but their financial and emotional resources. Even nominal business disputes have a human component, because business is fundamentally conducted between people.
There’s an almost irony in how individuals, exceptionally gifted in business, shed their sensible judgment and insight, cornerstones of what led to their success in the first instance, at the threshold of litigation. There are any number of reasons for this shift away from rational business judgment. Unrealistic expectations are often to blame. Portrayals of attorneys and disputes in consumer media are part of the problem. So often complex civil and even criminal matters arise, unfold, and are resolved on television in the span of an hour or less. The neatly packaged and gratifying outcomes portrayed, though often unknown to the lay observer, embrace suppositions which frequently defy the rules of evidence and employ modalities that defy the ethical precepts which govern the adjudication of matters. In short, most cases do not and cannot be handled in the manner depicted on television.
Attorneys often receive new matters through wordof-mouth referrals. A client can bestow no higher compliment on an attorney than to return with their own business or recommend their counsel to a loved one, friend, or trusted business associate. But even wellfounded referrals to well-regarded attorneys can carry unrealistic expectations and with it, a shift away from rational business judgment. Litigation is by its very nature, peculiarly fact intensive. A subtle shift in the facts from one matter to the next may dictate an entirely different outcome. And so, while an attorney may have been able to work what seems like a feat of magic in one case—for example, quickly disposing of a claim with little or no discovery and a small fee—nothing guarantees
by Joshua L. Kirsch
that outcome in successive actions. Even on what seems like an identical set of facts, a different outcome may result with a more skilled, better-represented opponent or a change in judge, who interprets the application of the law to the facts differently than the first. Much like financial counselors often advise, past success does not guarantee a future outcome. An attorney can do everything right, and still, a matter may drag on, with costs continuing to accumulate.
And then, the “reptile” brain can be partly to blame. Parties to litigation often experience what they perceive as a very palpable threat to their well-being, triggering primal feelings of both anger and fear. Anger at being drawn into litigation often inspires parties to yearn to witness the quick and complete decimation of their adversary, in a public and even humiliating way. They want to be vindicated, to know that in the circles within which they travel, and maybe even beyond, their opponent is a bad actor, unsavory, and not to be trusted. That anger is often coupled with a good bit of fear. Fear of financial loss—both in the consumption of resources through litigation and the potential loss of resources through an adverse judgment—and fear of esteem or prestige. Indeed, parties to litigation often feel as though they are on stage before the community in which they operate. They feel their standing, their reputation in that community, is at stake. Sometimes, they are quite right; other times, matters are tempests in a teapot, but a party may still experience them as a major storm.
Despite all the angst that litigation can entail, the shocking reality is that most cases, even as many as 90 percent or more, will settle. Cases settle for a wide variety of reasons. One, is the mitigation of risk—trading an unknown outcome for a stipulated one. Another is simple business realities. A party may not have the resources to fight a contested matter or a party may settle a matter to avoid drawing valuable business contacts, such as vendors
or customers, into the dispute. Yet another reason that cases may settle is this: Litigation most often finds its genesis in a breakdown of communication between the litigants. Sometimes, through the efforts of counsel, or a mediator, or the court, the parties’ dialogue can be restored to a normalcy that allows for expression of a sensible, realistic dialogue and the exercise of rational business judgment. Sadly, however, many cases persist for months or years, consuming time and resources, before parties are willing to embrace a settlement dialogue from that perspective.
Good attorneys, based on their knowledge and experience, can help frame the expectations of their clients in terms of understanding the litigation process, the arc of time and costs consumed as the case proceeds, and what the outer bounds and more likely outcomes of the process will be if proceeding to conclusion. But attorneys are more than just advocates; they are counselors at law. In this role attorneys regularly find themselves as sounding boards, and also, the soft voice urging reason and a return to rational business judgment. Yet, attorneys can only act within the scope of authority conferred on them by their clients in the settlement process, and so, ultimately, the client must make the decision to embrace the settlement posture that will best serve them.
In circles which embrace yoga as a practice, beyond the physical, one is likely to hear talk of the Eight Limbs or Eight Petals of yoga. They are generally set forth in Patanjali’s Yoga Sutras, an ancient text, which across nearly two hundred small verses, sets forth a path for liberation of the mind and achievement of a state of bliss. However, the concepts set forth across the Yoga Sutras need not be embraced entirely or in any spiritual sense for them to have utility in everyday affairs including litigation and the resolution of disputes. One of the Eight Petals includes what is known as the Yamas. Yamas are themselves a code of personal conduct, and among them is ahimsa or non-violence. Ahimsa is often thought of as nonviolence towards others, but it can also be conceptualized as non-violence towards one’s self. Ahimsa is a concept which often finds application in litigation, but sadly, only after the parties have battered themselves both emotionally and financially through extensive litigation.
Ahimsa tends to manifest just before parties reach a settlement. Sometimes it’s one-sided. Sometimes it’s mutual. Ahimsa shows itself when a party steps back
from the fray of litigation and determines that the costs and potential costs of time and financial and emotional resources are causing it more harm than extending or accepting an ovation at accord. So often, and tragically, parties only arrive at this place after they’ve “had enough.” They have grown frustrated or even exhausted with directing facilities ordinarily dedicated to business growth, to gathering documents in response to discovery demands, to court appearances, or to paying attorneys’ fees and related expenses— even for work that is well done and necessary for the advancement of the party’s position.
Knowing that the super-majority of all cases settle, parties should consider embracing the concept of ahimsa early in the litigation process and even before the institution of formal proceedings, where communication is likely easiest and most likely to ward off future costs. By exploring how the party can best serve itself, that is, not harm itself—by acting as a rational business actor and not from a place of anger or fear—considerable personal and financial resources can be saved. Embracing and then communicating a sensible settlement offer which serves a party’s interests under the circumstances and early in the process, is not a sign of weakness; capable counsel can help articulate an ovation at settlement to set the right tone. While it ultimately takes two to reach an accord, a party that litigates and looks for resolution within the construct of ahimsa will more readily perceive opportunities at accord. Furthermore, settlement offers which are expressed with ahimsa in mind are more likely to convey the sensibility of the party extending the offer. Not surprisingly, rational settlement offers lead to rational counter-offers, sparking productive dialogues, often culminating in settlement.
While business disputes are inevitable, the suffering that often goes with them is not. Embracing ahimsa early and throughout the process can help parties achieve the efficient and sometimes even speedy resolution of matters. n
Joshua L. Kirsch, a member of The Killino Firm, PC, brings to bear over 16 years of litigation experience to fight relentlessly for his clients in all manner of personal injury claims. Attorney Kirsch embraces an individualized approach to each of his cases, recognizing that behind each injury is the story of a person deeply hurt and deserving of dignity and respect. Learn more at www.killinofirm.com.
Your primary goal should be to increase the likelihood that you will be one of those remarkable people who achieves greatly and makes a real difference with his or her life. And this is very much in your own hands.
To realize your full potential, you must focus on your career goals, hard work and success factors. Free yourself as much as possible from randomness and uncertainty. You must organize your life in such a way that the probabilities of achieving your career goals are extremely high.
You must learn the cause and effect relationships between what you want and how to get it through hard work and goal planning. You must take complete control over every part of your life and create your own future. You must leave nothing to chance.
When people achieve great success faster than others, they are immediately accused of having “good luck” and rarely attribute it to hard work. When people make a mess of their lives, largely due to their own shortcomings, they dismiss it as “bad luck.”
One of the reasons for this confusion about the reasons for success and failure is that most people don’t understand the difference between “chance” and “luck.” Chance refers to gambling, to casinos, to blackjack, poker, slot machines and horse racing. In games of chance, the outcome is almost completely out of your control and has nothing to do with success factors in life. Luck, however, is something completely different from chance. What we call “luck” is really the Law of Probabilities in action.
The “lucky” individual has done many things that in combination dramatically increased the likelihood that his or her desired career goals would be achieved. If you examine the history of any great success, and review the many actions that preceded it, you will see that the success factors precede it; you will see a definite pattern emerge. You will see that the successful individual did many little things, sometimes for years, which made the final success possible.
Here is a rule: There is a direct relationship between the number of different things you attempt and your likelihood of eventual success in achieving your career goals.
If a new salesperson gets up early each morning, works hard, plans his day, works steadily all day long, talks to as many
by Brian Tracy
prospects as possible, follows up persistently, and continually works on himself to improve his selling skills by reading, audio learning and regular attendance at sales courses and seminars, he is going to be far more successful than another salesperson who fails to do these things. His high earnings will not be a matter of luck but rather of design and hard work.
Success factors in life and in your career goals are as follows, if you get a good education, thoughtfully match your career choice with your natural talents and abilities, and continually work to upgrade your skills and the value of your contribution to your company, your eventual success by achieving your career goals will not be the result of luck.
An additional luck factor is The Law of Averages, which is an extension of the law of probabilities. This law says that, “Although you cannot predict which one of a series of events will be successful, by the Law of Averages, you know that by doing a certain thing a certain number of times, you will achieve your career goals.”
If you read more books, you are much more likely to read something that can help you in your work or personal life and you are adding to your success factors. If you put in hard work by making more sales calls, you will be much more likely to meet the prospect who has an immediate need for what you are selling and you are adding to your success factors.
If you continually innovate and try new methods to achieve your goals or solve your key problems, you are going to be vastly more successful than someone who plays it safe and tries nothing new or different and you are adding to your success factors. If you wish to achieve success in life and reach your career goals, you must put in hard work and invest in the success factors that will get you there. 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 X, Facebook, Pinterest, Linkedin and YouTube.
All law firms have stories to tell. Stories of triumph. Stories of tragedy. Stories that often fuel movie plots and leave people wanting more. So how do you draw those stories out to help build your brand? You’ll need to start with a source, an inspiration for the story you want to tell. And that shouldn’t be hard. Lawyers are fortunate to work with a treasure trove of interesting people and tackle a ton of fascinating topics in their careers. Here are four sources of inspiration that you could tap into:
Helping people is the reason you do what you do, and winning for clients can make a huge difference in their lives. Your clients can tell stories that people can relate to, especially those who may find themselves in the same boat.
While you were focused on the nitty-gritty facts of their case, your clients were likely on an emotional roller coaster. They can share that emotional side of what they have been through, and how your firm helped them get through the dark times and find hope. Your clients’ stories can breathe life into your impressive (but sometimes impersonal) list of case results.
You are so much more than a headshot or a commercial tagline, and you need to show that. Consider telling your own stories: What motivated you to go into law? What pushed you to start your own firm? What cases have kept you up at night and why? Is there one case that has changed the way you look at the world? Is there a client whom you have kept in touch with for many years because you formed a special bond? What are your interests outside of work that keep you fulfilled?
These types of stories help make your personality stand out from all the buzzwords and advertising hype. They show who you are as a person and help potential clients connect with you. And never underestimate the wealth of stories among your staff. These are your brand ambassadors —answering the phones, greeting people who walk in the door, digging for
by Corrie Benfield Pellegrino
information for panicked clients. Which staff members have been with you the longest, and why do they love working for your firm? Do your staff members participate in hobbies or volunteer work that has helped them connect to clients? You never know who may have a story to tell until you ask.
There are plenty of people you work with every day who have extremely interesting jobs and loads of stories related to cases they have worked on with you. For example, the average person has probably never heard of an accident reconstructionist, let alone what that job entails. And think of all the emotional cases your life-care planning experts have worked on with you.
Consider tapping into those partners who help you help clients. What drives them to do what they do? What makes their jobs interesting? What do they add to your brand, and how do all their puzzle pieces come together to make a strong case for your clients?
Beyond the personal stories, keep an eye on the news and information coming out of the agencies you deal with frequently. For example, the police may release a list of the city’s most dangerous intersections. That report may refer to crash data from the state, which could be used to tell a much bigger story about dangerous local roads.
Keep in mind that not all stories are told through videos and long narratives. Many data-driven stories can be told through graphics and maps, such as this one that our team created for the Tate Law Offices in Texas (http://www.tatelawoffices. com/texas-triangle-tragedies). Often, data can tell a story that provides useful information, impacts people’s everyday lives, and emphasizes your brand’s mission of serving the public.
When thinking about how to structure your brand’s stories, keep some of your favorite movies in mind. What do they have
in common structurally that you should incorporate?
Most likely, they are built on:
• A good guy
• A bad guy (or bad situation)
• Supporting cast
• An interesting opening
• A struggle to overcome
• A surprising twist
• A satisfying conclusion
Not every story you tell will include all of these elements, but it helps to outline your structure with these factors in mind. In addition, take into account:
The average person’s attention span is 8 seconds (shorter than a goldfish’s), according to a well known 2015 past study from Microsoft. This means you have very little time to hook your audience and keep them interested in your story. If you are telling your story through video or text, focus on a great opening and interesting character development from the start. If you are sharing stories through a graphic or multimedia asset, make sure it is visually interesting and easy to navigate at a glance.
The conclusion to your story shouldn’t be the end. Your stories should leave your audience wanting more—and give
them ways to find it. Direct them to your website, invite them to contact you, point them to more stories. Remember, one of the goals of brand storytelling is to build a personal connection with your audience, so you have to keep that connection going.
When considering the best ways to boost your brand through storytelling, take all of your communication channels into account. Share your stories on your firm’s website, through social media, on your blog, and in press releases. Capture emotions through videos that people will relate to and want to share. Collect letters, notes, and photos from clients. And write your own stories in your own voice, so your personality can shine through.
In the end, the stories you tell should reflect a consistent image of your brand. They should be impactful, insightful, and—most of all—leave people with the desire to learn more about your law firm. n
Corrie Benfield Pellegrino is a seasoned web content developer specializing in law firm marketing. With over six years of experience at Consultwebs.com, she effectively collaborated with consultants and designers to create content strategies that significantly boosted conversions and search engine rankings. Currently, Corrie serves as the Senior Managing Editor at Moffitt Cancer Center, where she continues to leverage her expertise to drive impactful content initiatives.
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by Dan Baldwin
A combination of factors led me to the path of immigration law. Chief among them is my own immigration experience, which gave me a deep understanding of the challenges involved. Coupled with my desire to advocate for the underrepresented and my belief in the power of the law to change lives, becoming an immigration attorney felt like the perfect way to make a positive impact,” says Vitalii Maliuk, founder of Arvian Law Firm, LLC.
Founded three years ago, Maliuk’s firm provides full-service immigration law services through offices in two locations. He employs one other attorney, one assistant attorney, two paralegals, an administrator, two marketing specialists, and four customer service representatives. Approximately 65 percent of the firm’s practice is in immigration with the remaining 35 percent primarily focused on asylum cases. He is licensed in Missouri to practice law and is authorized to practice immigration law in all 50 states.
The firm’s mission statement pinpoints their focus and commitment to their practice areas and their
clients’ needs: Our mission is to empower immigrants with knowledgeable and compassionate legal representation, guiding them through the complexities of the immigration system to achieve their American Dream. Their company slogan states simply: Your Journey. Your Rights. Our Advocacy.
“Our team is comprised entirely of first-generation immigrants, which allows us to deeply empathize with the challenges and emotions that new immigrants experience. We draw from our own personal journeys to guide our clients through a smoother transition to life in the U.S. We offer not only legal expertise but also cultural understanding and compassionate support,” Maliuk says.
Clients enthusiastically agree.
“A huge thank you to Vitalii for his emergency assistance! We were in despair, but he helped us calm down and find a way out of the difficult situation. He stayed in touch with us until late in the evening, and ultimately, thanks to his efforts, the issue was successfully resolved.” —Alex, March 2024
Maliuk says, “We want our peers and potential clients to know that we are relentless advocates for immigrants, driven by a deep understanding of their journeys and dreams. Our firm is not just about legal expertise; it’s about creating a future where everyone has the opportunity to thrive in their new home.”
He says that early on he saw a real need for a different kind of law firm, one that was truly client-centered and focused on empowering immigrants through the legal process. By opening his own firm, he was able to create a more accessible and supportive environment, tailoring services to the unique needs of each client and ensuring they felt empowered and informed throughout their journey.
One of the major challenges for any immigration attorney is the difference in law between different states facing the same immigration challenges. Immigration law in the United States is primarily federal, but different circuits have some leeway in how they interpret and implement certain aspects. This can lead to significant differences between states such as Texas and California, each with distinct approaches to immigration. Maliuk’s first-hand experience as an immigrant gives him a depth of awareness and compassion shared by few attorneys in this complex practice area.
“My decision to focus on immigration law stems from a deep personal connection to the challenges and aspirations of
individual persons seeking to build a new life in the United States. As an immigrant myself, I understand firsthand the complexities of navigating the legal system and the importance of having compassionate and knowledgeable advocates by your side. This personal experience fuels my passion for making a positive impact in the lives of those seeking to achieve their American dream.”
The firm provides a full range of services. Among the most common are filing applications for green cards, visas, and other immigration benefits; representing clients in removal proceedings; providing advice and assistance in navigating the immigration system; assisting clients in applying for and renewing visas; advising clients on their rights and obligations under immigration law; and representing clients in appeals or other court proceedings.
“People often describe me as a compassionate and approachable attorney. I have to be to do this job, and more importantly, I want to take that approach. I strive to create a safe and supportive environment for my clients, understanding that immigration matters are often emotionally charged and deeply personal.”
Maliuk’s client base is diverse. He and his team serve a range of clients from all walks of life, including individual persons, families, and businesses. Their clients often have unique stories and aspirations that often require unique approaches. Clients seek Arvian Law not just for legal expertise, but also guidance and support through what can be and very often is a complex
and emotionally trying process. His team specializes in familybased petitions, employment-based visas, asylum cases, and other immigration matters, tailoring their approach to each individual’s specific needs and goals.
For example, the firm represented a young entrepreneur who faced deportation just as his business was taking off. The stress and uncertainty were taking a toll on him and his family. Maliuk made it his mission to not only provide exceptional legal guidance but also to be a source of support and encouragement throughout the process. “Witnessing his relief and joy when we secured his green card was a powerful reminder that our work is about more than just legal outcomes; it’s about changing lives,” Maliuk says.
“My journey to becoming an attorney was shaped by both my immigrant background and personal challenges. Adapting to a new culture and overcoming financial barriers required significant effort and perseverance. But these experiences also instilled in me a deep appreciation for the opportunities available in this country and strengthened my resolve to help others achieve their dreams,” Maliuk says.
He says that a number of significant factors make his team and his firm unique in their ability to serve a variety of clients in the complicated practice of immigration law.
“We have a willingness to take on challenging cases.” The firm routinely accepts cases that other lawyers often shy away from. The firm continually demonstrates their expertise and commitment to helping clients in the most difficult situations. That includes extensive experience representing numerous detainees, a practice that many immigration lawyers avoid due to its complexity and challenges.
They are able to take on clients with urgent needs, often on short notice, showing considerable flexibility and readiness to assist in time-sensitive situations. They are not shy about taking on work with previously denied petitions: “We actively work with clients whose petitions have been denied, leveraging their expertise to find new approaches and solutions.”
Regardless of the size of the challenge, the firm maintains a client-centered focus tailoring their strategies to each client’s individual needs and goals. “We always provide personalized attention rather than a one-size-fits-all approach. Each of us has an above-and-beyond commitment. We go the extra mile to understand our clients’ unique circumstances and guide them through the complex legal landscape,” Maliuk says.
Clients are aware of their situation at all times due to Maliuk’s commitment to transparent communication that prioritizes keeping referring attorneys and clients informed throughout the entire process, fostering a collaborative and less stressful experience. Such a level of service is enhanced by a willingness to stay up-to-date on both the current status of
immigration law, but also to the latest in client and support service communication. This basically technical approach is well-balanced by the compassionate and unwavering support for the emotional and logistical challenges.
In addition to a wide range of internal services, the firm has developed a strong network of partnerships with social service organizations, language interpreters, and mental health professionals. This collaborative approach allows them to address the diverse needs of their clients and provide truly holistic support.
Maliuk says, “Each of us has a genuine passion for positive impact: We approach our work not just as a legal service, but as a means to make a significant difference in our clients’ lives. These factors combine to create a unique approach that sets us apart in the field of immigration law, particularly in our willingness to take on and succeed in the most challenging cases.” Maliuk and his team have an admirable track record of success in complex immigration cases, backed by peer recognition and, more importantly, numerous client success stories.
For example, a case involving deportation of a family after their asylum claim was initially denied brought Maliuk into contact with truly desperate people. Their case, to others, seemed hopeless. “We dug deeper, uncovering new evidence of the persecution they faced in their home country. Our team worked tirelessly, even traveling to gather firsthand accounts and expert testimony. Ultimately, we successfully appealed their case, allowing them to remain in the U.S. and build a new life free from fear,” Maliuk says.
Maliuk says that he and his team are not only working within their community; they are active and involved in that community in areas outside of the workplace. “We believe in giving back to the community in ways that go beyond monetary donations. We understand that many people face financial barriers when seeking legal assistance, especially in the realm of immigration law. In recognition of this, our firm regularly offers pro bono services to those who cannot afford representation.”
The firm is also active in fostering the next generation of legal advocates. Individual members of the team mentor law students who are passionate about immigration law, sharing their knowledge and experience to help them grow and make a difference in the field.
Along that line, Maliuk has some very specific advice for law students and young people considering a career in law or one of the related fields.
“Find your niche and become an expert in that area of immigration law. Build genuine relationships with your clients. Create empathy because understanding and personalized attention are just as important as legal expertise. Work hard and persevere through challenges. Passion for the law and a genuine desire to help people will fuel your success. Don’t be afraid to take on difficult cases. Those challenges will shape you into a better attorney. Seek out mentorship from experienced immigration lawyers who can guide you and share their wisdom.”
When he is not advocating for his clients, Maliuk enjoys spending time with his family exploring the beautiful hiking trails of Orange County.
“My wife is my constant source of support and inspiration. She believed in me even when I doubted myself and encouraged me to pursue my dream of becoming an immigration lawyer. And my family is my rock. I wouldn’t be where I am today without their unwavering love and support,” he says. The couple has three children. They moved to Orange County a little over a year ago.
“Orange County feels like the perfect fit for this chapter of our lives. We love the beautiful beaches, great schools, and all the family-friendly activities available.”
Settling in isn’t settling down and that certainly applies to Maliuk’s plans for Arvian Law. Over the next five years, he will embark on a strategic expansion to broaden the team and its geographic reach, while upholding their core values of personalized service and unwavering client advocacy. They are actively exploring opportunities to open additional offices
in key locations throughout Southern California, aiming to provide accessible and comprehensive legal support to a wider range of immigrant communities.
Currently their lead attorney is pursuing licensure in three additional jurisdictions, with the potential to establish offices in those areas as well. This expansion will be supported by the recruitment of talented attorneys selected for their talent and their passion for immigration law and the firm’s dedication to client-centered representation.
“By extending our services beyond Southern California, we aim to empower and advocate for immigrants across multiple states, making a meaningful difference in their lives and contributing to a more just and equitable immigration system,” Maliuk says. n
Contact
Vitalii Maliuk
Arvian Law Firm LLC
300 Spectrum Center Drive, 4th Fl Irvine, CA 92618
(213) 838-0095
arvian-immigration.com
by Monty A. McIntyre, Esq.
These recent cases summarized by Monty A. McIntyre are from his publication California Case Summaries™. Monty prepares short summaries (one paragraph), organized by legal topic, of every new published California civil and family law case that California lawyers can subscribe to on either a monthly, quarterly or annual basis. Monty also offers specialized practice area annual summaries in the areas of Employment, Family Law, Real Property and Torts. For more information go to https://cacasesummaries.com. A California civil trial lawyer since 1980, a member of ABOTA since 1995, a past president of the SDCBA and San Diego ABOTA, and also an expert Zoom user, Monty serves as a mediator, arbitrator and referee with ADR Services, Inc. handling cases throughout California in the areas of business, elder abuse, employment/wage & hour, insurance bad faith, legal malpractice, medical malpractice, personal injury, real property and wrongful death. Web: https:// www.adrservices.com/neutrals/mcintyre-monty/. To schedule a matter, contact Monty’s case manager Haward Cho, (619) 233-1323 or haward@adrservices.com.
Another Planet Entertainment, LLC v. Vigilant Insurance Co. (2024) _ Cal.5th _ , 2024 WL 2339132: The California Supreme Court answered a question posed by the Ninth Circuit Court of Appeal and also decided an issue where California Courts of Appeal had come to different conclusions regarding commercial property insurance policy coverage for COVID-19.
The question posed by the Ninth Circuit was: “Can the actual or potential presence of the COVID-19 virus on an insured’s premises constitute ‘direct physical loss or damage to property’ for purposes of coverage under a commercial property insurance policy?” The Supreme Court answered: No, the actual or potential presence of COVID-19 on an insured’s premises generally does not constitute direct physical loss or damage to property within the meaning of a commercial property insurance policy under California law. (May 23, 2024.)
Lew-Williams v. Petrosian (2024) _ Cal.App.5th _ , 2024 WL 1404151: The Court of Appeal reversed the trial court’s order dismissing plaintiffs’ action, without prejudice, for failure to prosecute the case in arbitration after the trial court had granted a motion to compel arbitration. In April of 2020 plaintiffs filed
their complaint alleging numerous causes of action, including conspiracy to convert and embezzle funds, financial elder abuse, and declaratory relief, breach of contract, negligence, bad faith, and unfair business practices. In July 2021, the trial court granted defendants’ motion to compel arbitration. In February 2023, the trial court dismissed the case for failure to prosecute the arbitration. The Court of Appeal disagreed and reversed. Once the trial court granted the motion to compel arbitration and stayed the action, it retained only vestigial jurisdiction over the case as provided in the California Arbitration Act (Code Civ. Proc., § 1281 et seq.), and the trial court did not have the power to dismiss the claims for failure to prosecute. If a party fails to diligently prosecute an arbitration, the appropriate remedy is for the opposing party to seek relief in the arbitration proceeding (and, if necessary, the opposing party may need to initiate the arbitration for this purpose).
(C.A. 2nd, April 2, 2024.)
Vines v. O’Reilly Auto Enterprises (2024) _ Cal.App.5th _ , 2024 WL 1751760: The Court of Appeal reversed the trial court’s order denying defendant’s motion to vacate a renewal of a judgment in the sum of $138,454.44. The issue was the amount of interest plaintiff was entitled to recover on an award of statutory attorney fees in an employment action. After obtaining a jury verdict of $70,200, plaintiff moved for $809,681.25 in statutory attorney fees. The trial court granted the motion on September 9, 2019, but awarded only $129,540.44 in fees. Plaintiff appealed and this fee award was reversed. Later, on June 29, 2022, plaintiff obtained an attorney fee award of $518,161.77. Defendant paid the fee
award, including postjudgment interest from June 29, 2022. Plaintiff, however, was not satisfied, arguing he should get additional interest in the sum of $138,454.44 from the original attorney fee award on September 9, 2019. The Court of Appeal concluded that, because its decision in the earlier appeal was a reversal, not a modification, of the trial court’s September 9, 2019 fee award order, interest on the amount of attorney fees awarded should run from June 29, 2022, not from September 9, 2019. The trial court was directed to enter a new order granting defendant’s motion to vacate the renewal of judgment. (C.A. 2nd, April 24, 2024.)
Lorch v. Superior Court of San Diego County (2024) _ Cal. App.5th _ , 2024 WL 2205292: The Court of Appeal granted a writ petition seeking to overturn the trial court’s order denying plaintiff’s Code of Civil Procedure section 170.6 peremptory challenge to Judge Timothy B. Taylor, the judge newly assigned to preside over the trial of her case. Judge Taylor ruled that the peremptory challenge was untimely under the master calendar rule, which requires “a party to file a section 170.6 challenge to the judge supervising the master calendar not later than the time the cause is assigned for trial.” (§ 170.6(a) (2).) After denying the peremptory challenge and refusing to stay the trial, Judge Taylor immediately began a two-day jury trial, which resulted in a defense verdict and judgment in favor of defendant. Plaintiff then filed this petition within
the statutory 10-day period. (§ 170.3(d).) The Court of Appeal held that plaintiff’s section 170.6 challenge was timely filed before the trial began, and rejected defendant’s laches argument claiming that plaintiff should have sought relief with the Court of Appeal before the trial started. The Court of Appeal also concluded that Superior Court of San Diego County, Local Rules, rule 2.1.3 (rule 2.1.3), which purports to provide any superior court judge with the power to act as a master calendar department for purposes of assigning cases for trial, was inconsistent with section 170.6 and case law interpreting the statute. The writ petition was granted with directions to vacate the void orders and judgment entered by Judge Taylor after denying the peremptory challenge. (C.A. 4th, May 16, 2024.)
Howard v. Accor Management US (2024) _ Cal.App.5th _ , 2024 WL 1087719: The Court of Appeal affirmed the trial court’s order granting defendant’s motion for summary judgment in plaintiff’s personal injury action. When plaintiff took a shower during a hotel stay, the handheld shower head fell apart, and plaintiff cut herself and fell, suffering severe injuries. The trial court properly granted summary judgment because plaintiff failed to raise a triable issue of material fact on the key issue of notice, and failed to establish the applicability of res ipsa loquitur. (C.A. 2nd, filed March 13, 2024, published April 3, 2024.) n
Planning and conducting a successful retreat is like walking on water—it’s a lot easier if you know where the rocks are. The best way to find the rocks is to follow certain guidelines. Some of them apply to every retreat, regardless of the firm. Others vary, depending on the purpose of the retreat and the culture and goals of the firm.
• To develop or approve a strategic plan. This is serious business.
• To discuss a major issue—such as a possible merger or new compensation plan—or to launch a new marketing or business development program. This is also serious business.
• To discuss the “state of the firm.” This may be serious business.
• To provide an opportunity for the members of the firm—or all the attorneys—to communicate and socialize together. This is important.
• Even if there is no serious business, it is wise to hold a retreat annually. It is no coincidence that the firms with strong cultures and good internal communications generally hold an annual retreat.
• Clearly define the objectives—and be sure they can be accomplished.
• Begin planning far in advance; three months is the bare minimum. Size is a factor here. A retreat for 200 people requires considerably more planning than a retreat for ten.
• Once firm management has decided on the purpose and objective of the retreat, appoint a Retreat Committee and let them plan the retreat.
by Bob Denney
• The objective will determine who should attend all or at least part of the retreat: partners only, all lawyers, administrative managers, support staff? In any event, be certain that all firm leaders attend.
• Invite input, by questionnaire or interview, from those who will attend, on what they feel should be on the agenda.
• Don’t include routine operations matters on the agenda. These belong in regular management or partner meetings.
• Hold on a weekend. Begin Friday. End by mid-afternoon Sunday.
• In most cases, select a site which will require everyone to stay overnight. The additional cost is worth it. Some of the best discussions occur over a drink after dinner or during a walk before breakfast.
• If it is a serious business retreat, consider having an experienced outside facilitator who will also be involved in planning the retreat.
• The best schedule for a serious business retreat is no more than three sessions, no longer than three hours each. Make sure that all topics can be properly addressed.
• Don’t schedule business sessions after dinner.
• Distribute the agenda well in advance along with any reports or “white papers” the attendees should review beforehand.
• The recreational facilities needed—golf, tennis, fitness centers, etc.—depend on the attendees’ interests as well as the purpose of the retreat. Recreational time for a social retreat will be greater than for a serious business retreat. But, even in the latter case, break time is needed to allow ideas to percolate and the mind to breathe.
• Plan and check out every detail in advance. Murphy’s Law applies to retreats as well.
• Strive for participation by everyone who attends. No one should be allowed to hold his or her comments until a later date. On the other hand, no one should be allowed to dominate the discussions. These are some of the factors an outside facilitator can generally handle better than someone from the firm.
• Most people participate more actively in smaller groups so include break-out sessions for in-depth discussion followed by reports to all attendees for further discussion as needed.
• Be sure all post-retreat, follow-up steps are understood and assignments made.
• Distribute to all appropriate parties minutes or a summary of the retreat. This is the final responsibility of the Retreat Committee and should be done promptly, i.e., within a week.
• It is usually the responsibility of firm management to ensure that all follow-up action steps are taken and that the schedule for completing them is adhered to.
• Feedback is important. Firms often have all attendees complete an evaluation form at the close of the retreat and turn it in before they leave.
A successful retreat is a tremendously uplifting experience— just like walking on water! In both cases it is worth the time and effort to determine where the rocks are. n
Bob Denney is a recognized authority on strategy, management and leadership for law firms and companies. He serves as an outside Director on company boards and has also served as an interim CEO in turnaround and crisis situations. https://www.linkedin.com/in/ robert-denney-374602a/
Monty A. McIntyre, Esq. Mediator, Arbitrator & Referee ADR Services, Inc.
To schedule, contact Haward Cho: (213) 683-1600 and (619) 233-1323 or haward@adrservices.com
Short summaries (one-paragraph), organized by legal topic, of every new published CA civil case, helping CA attorneys save time, win more, and make more money. Monthly, quarterly, annual, and annual practice area publications are available. Subscribe at www.cacasesummaries.com
Lawyers often carry out marketing programs under the misconception that if they offer general information about their practice, their prospects will figure out the rest.
Wrong! If you assume your prospects will fill in the blanks, you’re asking too much.
For example, if I said to my prospects, who are attorneys, “I’m a marketing consultant for lawyers” and told them nothing more, I might get a few phone calls, but not enough to sustain a business. As consumers, you and I are bombarded with hundreds of marketing messages every day. We do our best to screen them out unless the product or service interests us. The problem is, sometimes we get so good at screening out advertising that we exclude even those ads that could have helped us had we paid attention.
Then we turn the tables. As marketers, you and I take little comfort knowing that our prospects try to screen out our messages as successfully as we screen out messages from other advertisers. How you craft your marketing message and how you deliver information directly relates to whether your prospects focus on your message or tune it out.
The most powerful marketing messages are specific and direct They leave nothing to your reader’s imagination. What’s more, you’ll find that the more information you provide, the more your prospects believe your message because it is positive and specific.
These tips will increase your prospect’s interest, your credibility, and your chances of getting the response you want. Apply these tips through all of your marketing communications:
When you identify and prove the problem exists—and identify and prove your solution works—you should include specifics, numbers, facts and detailed descriptions in every step. Here are sample statements about lawyer marketing. Which do you find most persuasive?
Statement 1: Lawyers who market their practices increase their average income.
Statement 2: Lawyers who market their practices increase their average income by 300%.
Statement 3: Lawyers who market their practices increase
by Trey Ryder
their average income from $75,000 to $225,000 per year.
Summary: Statement one offers no specifics. It may be true, but you find no facts on which you can rely. It is nothing more than an unsubstantiated claim. Statement two is more vivid because of the 300%, which is clearly an eye opener. Statement three is the most persuasive because it gives exact dollar amounts that you clearly understand, rather than a percentage.
Disclaimer: Don’t rely on these numbers because I made them up. But even if the numbers aren’t correct, they look correct because they are specific. Specifics create the appearance of truth. Your marketing is vivid, persuasive, and credible when you include specifics. No question, when you write in generalities, you write more quickly. But the time it takes to research and include precise facts is well rewarded because your persuasive powers increase dramatically.
At one time or another, you’ve probably called a business only to find that the person who answered the phone was less than helpful and, perhaps, downright rude. After we experience this a few times, all of us wonder whether our calls are welcome.
In your materials, use statements like: I invite you to call with your questions or concerns. I’ll be happy to talk with you over the phone or in person, whichever you prefer.
You could rephrase it, focusing on “you”: You’re invited to call me to discuss your company’s legal matters. I’ll be glad to talk with you over the telephone, or in my office or yours, whichever is easiest for you.
The more you leave to chance, the more you risk that your prospect won’t do anything. Here are a few action statements:
• To receive your free copy of my Executive Briefing on Director’s Liability, call (phone number) or e-mail (address).
• If you’d like to talk with me over the telephone, call (phone number).
• Call now to reserve your seats for my next seminar: (phone number).
Your prospects may perceive contacting you to be such a hassle that, instead, they decide to “just forget it!” What’s more, they may hate leaving messages because not all lawyers return phone calls. Take these steps: Tell prospects how easy it is to respond to your offer. Then assure prospects that, if you’re not available when they call, you’ll return their calls promptly. For example:
• You can reach me by phone (number), fax (number), or e-mail at (address)— whichever you prefer. If I’m with a client when you call, I’ll get back with you just as soon as I’m available.
• You can reach me simply by picking up the phone and dialing (number). If I’m out when you call, I promise I’ll return your call just as quickly as I’m back in the office.
Law has become so specialized that your services may be more narrow or broad-based than your prospects expect. The only specific, direct way to cover your bases is to describe in detail the services you offer. Because if your prospects don’t think you provide a particular service, they’ll call someone else. To attract prospects who need specific services, you should spell out in your marketing materials the services you offer.
Tip
If your field of law is broken down by the types clients you serve, spell out those types or groups. If prospects don’t see their
group in your materials, they could easily conclude that you won’t represent them.
One of my friends is a trial attorney who won the largest judgment in Arizona. When I refer a prospect to him, if I told the prospect only that he is a trial attorney, they might not know what that means. This is because people think of lawyers more for the types of cases they handle and the type of law they practice than for the methods they use (trial) to achieve the result. So, instead, I give them key facts on which they can rely:
First, I say he is my friend, which transfers my credibility to him. Second, I say he won a $1,500,000,000 judgment at trial, the largest ever awarded in Arizona, which proves he is a skilled, experienced lawyer. Third, I say he has handled several cases for my wife and me, which serves as our testimonial.
Three key facts, all true, all specific, and all designed to help the person decide whether to contact this lawyer.
In conclusion, you hurt your marketing effort when you use words that are not specific or direct. Don’t assume anything. Spell out everything. Generalities hurt. Specifics persuade. n
Trey Ryder specializes in Education-Based Marketing for Lawyers. He designs dignified marketing programs for lawyers and law firms in the United States, Canada and other English-speaking countries. Trey works from his offices in Payson, Arizona, and Juneau, Alaska. To read more of Trey’s articles, visit the Lawyer Marketing Advisor at www.treyryder.com.
Whether we’re talking about professional business development or our personal lives, there’s always a long list of things that we don’t get done, despite our declarations that we coulda, shoulda, woulda, oughta, wanta do them. So, which do we actually get done? Only those we must do. What defines “must,” and how does it differ from those other, aspirational, descriptions?
It’s simple. We must do something when the consequences of not doing it are a) known and b) deemed unacceptable. Why is this important for lawyers and others trying to develop business?
To answer, let’s first look at the progression of the biggest problems faced by salespeople of any description:
1. High “no-decision” percentage, which leads to
2. Long sales cycle, which causes
3. High cost of sales
In the case of lawyers, who rarely track or measure cost of sales, we can substitute “time” as a proxy for dollars. Lawyers waste most of their time trying to get potential clients to reallocate a slice of their current legal spend to them. You don’t think of it this way, but you’re asking prospects to make two decisions:
1. To change existing (perhaps longstanding) buying habits
2. To make you the beneficiary of the shift
You may think that your inability to accomplish this two-part mission is a reflection on your skills, experience, or reputation, or on the quality or duration of your relationship, or the strength of the incumbent’s relationship. That’s possible, but very unlikely. Far more likely is benign neglect. After all, most clients don’t have to make either of those decisions. What will happen if they ignore those decisions completely? Nothing at all. There’s no negative impact. Their cost of doing nothing is zero.
Think about the pros and cons here. The only pro is that maybe they gain some as-yet-unknown advantage by awarding you a slice of the current pie—but only maybe. That’s a pretty fuzzy value that won’t motivate many people at all. There are a lot more cons, and they’re far better understood.
by Mike O’Horo
• They don’t want to have to manage another law firm
• They don’t want to disappoint, or explain the reapportionment to, the incumbent lawyers
• They’re too busy to devote time and attention to a decision that’s of minimal significance
• Decisions involve risk, and we only take risks when they’re necessary to get something important or valuable
Unless prospects perceive that failing to decide will produce sufficient negative consequences that cause unacceptable impact, they’ll decide not to decide.
By now, you should recognize that your interests are best served, and align best with those of prospects and clients, by helping them more fully assess and appreciate their Cost of Doing Nothing relative to the decision on the table. If that turns out to be low, both the prospect and you can abandon the problem as not being important enough to require a decision. On the other hand, if your facilitated examination reveals far more strategic, operational, economic, and career impact than they previously recognized, they’ll recognize that they must make a decision, and that you’ve helped them reach this degree of clarity. You’ve performed a valuable service and delivered meaningful value.
The alternative is to make your pitch, then wait around for a long time for a decision that likely will never come. Why be an anxious spectator? Instead, conduct yourself in a way that you be welcome as part of the decision. Isn’t that a better position to be in than that of pitchman begging for a slice of the pie? n
Mike O’Horo was a leading sales consultant, or as he preferred to say, a “coach,” in the legal industry for over 25 years. Known as a “serial inventor,” Mike continually adapted his methods to keep pace with the evolving legal landscape. He was a pioneer in integrating technology into business development, exemplified by his creation of RainmakerVT, the world’s first online interactive virtual business development training program. Mike’s innovative and evergreen strategies continue to help attorneys enhance their practices and better serve their clients today.
We invite you to visit our Las Vegas office, located across the street from the Courthouse, where we offer attorneys use of our full courtroom to conduct focus groups, mock trials, and witness preparation.
Panish | Shea | Ravipudi LLP attorneys fight every day to obtain justice for our clients and make a difference in their lives. But our expertise in personal injury litigation doesn’t stop at the California state line. With 20 attorneys licensed in Nevada, we have obtained record r esults in the state. The firm welcomes all joint venture opportunities, including with attorneys who want to stay more actively involved in a case.