Attorney Journals, San Diego, Volume 184 by Attorney Journals

SAN DIEGO

Volume 184, 2018 $6.95

Are You Suffering From Solo/ Small Firm Imposter Syndrome?

Cynthia Morgan-Reed The Lateral Attorney Transition: Two Tips to Make Your Next Hire a Good One

Steve Fretzin

6 Reasons Why Content Is too Important for Lawyers to Write

Jim Bliwas

Amp up Your LinkedIn Profile With These 10 Tips for Lawyers

Bill Tilley

How to Protect Your Private Practice From a California Payroll Tax Audit

Allison Soares

California Case Summaries ADRâ&#x201E;¢

Monty A. McIntyre

Attorney of the Month

Steven W. Sanchez

The Law Office of Steven W. Sanchez, Bonita

Applied Economics: Business, Personal and Complex Litigation

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2018 EDITION—NO.184

TABLE OF CONTENTS 8 How to Protect Your Private Practice From a California Payroll Tax Audit by Allison Soares

10 Are You Suffering From Solo/Small Firm Imposter Syndrome? by Cynthia Morgan-Reed

12 Community News

14 The Lateral Attorney Transition: Two Tips to Make Your Next Hire a Good One

EXECUTIVE PUBLISHER Brian Topor EDITOR Wendy Price CREATIVE SERVICES Penn Creative

Steve Fretzin ATTORNEY OF THE MONTH

CIRCULATION Angela Watson PHOTOGRAPHY Chris Griffiths STAFF WRITERS Dan Baldwin Jennifer Hadley CONTRIBUTING EDITORIALISTS Cynthia Morgan-Reed Steve Fretzin Jim Bliwas Bill Tilley Allison Soares Monty A. McIntyre 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.

16 Steven W. Sanchez, The Law Office of Steven W. Sanchez, Bonita Applied Economics: Business, Personal and Complex Litigation by Dan Baldwin

22 Six Reasons Why Content Is too Important for Lawyers to Write by Jim Bliwas

26 California Case Summaries ADR™ by Monty A. McIntyre

30 Amp up Your LinkedIn Profile With These 10 Tips for Lawyers by Bill Tilley

Editorial material appears in Attorney Journals as an informational service for readers. Article contents are the opinions of the authors and not necessarily those of Attorney Journals. Attorney Journals makes every effort to publish credible, responsible advertisements. Inclusion of product advertisements or announcements does not imply endorsement. Attorney Journals 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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How to Protect Your Private Practice From a California Payroll Tax Audit by Allison Soares

id you know you can be held personally liable for payroll taxes if the California Employment Development Department (EDD) reclassifies your independent contractors? Yes, you read that correctly. Most taxpayers and business owners—including those that own your own private law practice—are unaware of this fact. But because of a recent case ruling—Dynamex Operations West, Inc. v. Superior Court of Los Angeles—the EDD is getting stricter with conducting these investigations, which are essentially worker re-classification audits. These California state payroll tax audits (commonly referred to as an EDD audit) occur when a business has classified a worker as an independent contractor instead of an employee. Essentially the EDD can personally assess the business owner/attorney for “unpaid” payroll taxes because the EDD has determined that they believe these workers are actually employees. They do this because California generally encourages workers to be classified as employees to protect them. They want the worker to be covered by worker’s compensation and have the right to collect unemployment if they were to lose their job (even as an independent contractor). I know what you’re thinking. This is very confusing and frustrating to many business owners and taxpayers. But if you’ve ever hired an independent contractor, you could be facing this tax audit. And if you don’t know how to protect yourself and your practice, you could be facing a huge financial burden. Here’s what you need to know and how to safeguard your practice.

Attorney Journals San Diego | Volume 184, 2018

How do I know I’m facing a California state payroll tax audit? The EDD conducts different audits to ensure that employers are functioning correctly according to state laws and the tax code. Most EDD audits start when a worker files for unemployment and the business receives a three-page letter that may seem very vague and inconspicuous.

What happens if I don’t respond to the letter? If an EDD audit notice sits in a pile and no one responds to it, the EDD has been known to make a determination based upon the type of industry, the historical payroll of the company or the number of 1099s issued. The EDD will then send out a proposed assessment. If the company does not respond to that notice, contest it, or provide additional documentation by the deadline, then the balance due will eventually be sent to the collections department. I’ve seen some very sophisticated business owners and private practitioners react to the EDD notice. They try to go back to the assessment side and have an agent adjust the audit results. However, they don’t realize that the left hand doesn’t talk to the right hand at the EDD. The agent on the assessment side may be working with you, while the collection side is still trying to collect the balance due.

What’s the first step to take after receiving a notice I’m being audited? Once you’ve contacted a tax attorney, start getting your records and other relevant documents in order. Having these documents organized will be a big help in your

defense. The more documentation you are able to present in your defense, the easier it will be to get you through the audit process successfully.

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What are the penalties associated with EDD audits? Depending on the reason for your EDD audit, you could be liable to face a wide range of fines that can cause you a considerable amount of financial strain. These sorts of fines include a percentage of unpaid taxes, set dollar amounts for each case of unreported employees or independent contractors, and much more.

What happens if I don’t agree with the proposed assessment from the EDD? If you don’t agree with the proposed assessment the EDD gives you after their audit is complete, you can appeal the assessment.

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How do I ensure the independent contractor I hired is not considered an employee by the EDD? This is the most difficult question to answer and it depends on your industry, the type of work you do, and how you treat the person working for you. The EDD will look for things such as whether you asked the contractor to work certain days and times, if you have signed contractors if you required them to attend company meetings or trainings, or if you did not want them working for other companies. Receiving a California payroll tax audit is a confusing and scary matter, especially for small business owners and private practitioners who have a lot at stake. But knowing what to expect and handling the request will help you immensely as you navigate the murky waters of the EDD audit.  Allison Soares is a partner and tax attorney at Vanst Law. Before starting her own practice, Soares was a partner at a tax law firm where she honed her skills handling a wide variety of tax and employment-related cases. In addition to her legal work, she has worked in accounting and utilizes that knowledge to her advantage while handling cases involving EDD audits.

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Are You Suffering From Solo/ Small Firm Imposter Syndrome? by Cynthia Morgan-Reed

ntil recently, practicing law in the private realm pretty much came down to two pathways: joining a Big Law firm, or becoming a solo practitioner/starting a small boutique law firm. Most attorneys who opt for the solo practitioner route do so because they want more control over their career. They want to determine how much they work, keep more of the money they collect, and have greater say as to which clients they serve. While the solo/small firm life sounds like a better alternative to Big Law, there’s a downside that’s not often talked about in attorney profiles and at networking events. It’s what I call “imposter syndrome”—many solo/small firm attorneys are not making very much money and are constantly juggling practicing law with running a firm. A recent survey by the Thomson Reuters Solo and Small Law Firm group found some interesting statics from 301 attorneys practicing in firms of less than 30 attorneys. Among solos, about two-thirds have annual revenues less than $200,000, with 28% less than $100,000. Only three percent of solos have revenues of $600,000 to $1 million. In firms of 11 to 29 lawyers, about one-third have revenue of $1 million to $5 million, about one-third have revenue more than $5 million, and about one-third do not say. Evaluating a “best case scenario,” each partner at an 11-person firm with revenue of $5,000,000 makes

Attorney Journals San Diego | Volume 184, 2018

approximately $454,545. Not a bad number except when you realize that is revenue to the firm, and not earnings per partner. After subtracting overhead costs, which even for a very lean firm may account for 20% of revenue, each of those attorneys is paying $90,909 dollars in overhead for a net revenue of $363,636. Less efficient firms’ overheads range from a third to half of revenue meaning that if the firm is not efficiently run, each of those partners could be taking home only half of their revenue or $227,272. Many small firm attorneys are taking home half of their revenue because their overhead on office rent, equipment, personnel, and other expenses is high. Smaller firms who want to behave like larger firms and have nice offices and all the bells and whistles must devote a higher percentage of revenue to overhead since there are fewer attorneys to share the costs. A friend of mine who founded a seven-person firm recently admitted that he starts to get angry if he isn’t taking home “at least 50 percent of his collectibles.” Many attorneys are working harder, not smarter, than they should. While a solo may have better luck in controlling overhead costs, after all, it’s just them; and they often don’t factor in their “lost hours costs.” Solos spend the least amount of their daily time practicing law: only 55% of each day. Compare that to 69% of a day for lawyers at firms of 11 to 29 attorneys. Solos must spend more time managing the

firm’s operations and participating in business development to keep their solo engine moving forward. That leaves them less time to bill and generate revenue. One way attorneys can work smarter is by investing more toward technology to streamline business expenses and duties. Unfortunately, many solos and small firms do not have the money, or inclination, to invest in technology that can help them work smarter. The other answer is to reduce overhead costs. Getting rid of unnecessary expenses like office space, and practicing virtually, can greatly reduce overhead. A business like Uber, the world’s largest taxi company, owns no vehicles. Facebook, the world’s most popular media company, produces no shows. They operate in a virtual space. Such examples show that successful businesses of the 21st century no longer need to operate in a traditional manner. In the case of law firms, many attorneys no longer need a regular office space where clients come to acquire their services. The Internet and cloud-based software makes it possible to conduct business virtually and provide more efficiency and choices. As a transactional attorney, 95% of the clients who engage me do not meet with me prior to hiring me. I do not meet in person with 85% of the clients I advise; we communicate by email, telephone, text or video. Frankly, my clients are often too busy and prefer not to waste time meeting. The future of business is changing, and solo practitioners/ small firms would be served well by taking a virtual approach and harnessing the power of technology to make their lives easier, more productive, and much more profitable. The virtual law firm model pays its attorneys more because there is less overhead. This is especially appealing to women who seek the opportunity to earn as much—if not more than— the standard 89% of their male attorney counterpart’s salary. Minority and male attorneys who are seeking better income opportunities also benefit. If you’ve chosen the solo practitioner or small firm route to practice law, ask yourself if you are working smarter, not harder. If you are not, stop being an imposter and start looking for a new business model. You’ve worked too hard to be trapped in imposter syndrome. The virtual road may be the solution to help you achieve freedom and flexibility while earning what you are truly worth. n Cynthia Morgan-Reed is the CEO of Vanst Law, LLP., a modern law firm that operates virtually and pays attorneys 70% of what they collect. She practices in land use, real estate and lobbying transactional work.

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Attorney Journals San Diego | Volume 184, 2018

COMMUNITY news  Vanst Law recently opened its

virtual doors. At this modern law firm, all attorneys are partners with their own book of business. They set their own rates and decide when and how many hours they work. There is no centralized office, which significantly cuts down overhead costs. Attorneys in traditional firms often must work CYNTHIA MORGAN REED harder to pay for the firm’s large office space and personnel overhead. At Vanst, attorneys take home 70 percent of what they collect from clients, compared to the traditional 30–50 attorneys are paid at traditional firms. Vanst uses technology to efficiently provide services and create a culture of collaboration and support. Cynthia Morgan-Reed, a land use attorney, launched Vanst to provide a firm where attorneys are treated equitably, paid what they are worth, and work in a culture that empowers them to do what they do best: practice exceptional law. Vanst has attorneys practicing in business and corporate, land use, lobbying, real estate, and tax and are hiring.

 Kristin Rizzo, President of the

DANIEL FULKERSON

San Diego County Bar Association, was recently named to San Diego Metro’s 40 under 40 list. Rizzo is founder of Rizzo Law PC, a boutique employment law firm. Rizzo specializes in the representation of individuals in litigation matters in the areas of sexual harassment, retaliation, and KRISTIN RIZZO wrongful termination. She also provides specialized counsel to employees on employment contracts, severance and separation agreements, leaves of absence and positioning within companies. As a workplace investigator, Rizzo is called in to assist in workplace matters when a complaint has been made, or issue raised, by an employee generally involving serious allegations against high-level personnel.

Attorney Journals San Diego | Volume 184, 2018

Krieger LLP decided to open a San Diego office in 1993, the firm saw an opportunity to be a part of a vibrant community with great potential to represent substantial clients and FOUNDERS OF BEST BEST KRIEGER hire top attorneys. The firm is now celebrating 25 years of service, ranks within the top 25 law firms in San Diego and represents public agencies and small- to large-size businesses located locally and throughout California. BB&K’s San Diego office opened with seven attorneys. Now 31 attorneys work out of its office in the heart of downtown. The growth is a direct reflection of the region’s expansion over the last few decades. BB&K’s attorneys have been instrumental every step of the way in San Diego’s evolution, helping officials ensure that basic services, infrastructure and businesses blossom and thrive.  The San Diego County Bar

 Batta Fulkerson Law recently

sponsored a large pet adoption event for Traci’s Paws, a local dog rescue that concentrates on rescuing senior dogs. The firm covered all of the adoption fees so that families could help give these dogs a good home. Additionally, Batta Fulkerson donated funds to the Little Italy Association to create a small dog park in Little Italy.

 When Best Best &

Foundation recently brought together the San Diego legal community’s finest at its 21st annual “An Evening in La Jolla” benefit, raising more than $130,000 to help at-risk communities gain access to proper legal services. The Foundation also recognized board members Brian Funk and Jean Walcher BRIAN FUNK for their leadership and contributions to making its mission possible. The Bar Foundation President’s Award was presented to attorney Brian Funk for his leadership of the Indigent Criminal Defense Fund—one of two grant funds offered to organizations in San Diego that provide legal assistance to accused individuals who cannot afford to hire an attorney. JEAN WALCHER Jean Walcher was presented with the Service Award for her leadership of the communications and development committee, as well as for her pro bono public relations services through her PR and marketing agency, J. Walcher Communications, for the past three years. As an advocate for social justice, Walcher’s more than 25 years of experience in the marketing and communications industry has contributed to the Bar Foundation’s increasing reach and voice in the region.

 U.S. News & World Report and Best Lawyers ® has ranked

Hecht Solberg Robinson Goldberg & Bagley LLP (HechtSolberg) among the 2019 “Best Law Firms,” both nationally and regionally. The boutique San Diego law firm’s Land Use and Zoning Law practice ranked nationally in Tier 2. In the San Diego Metropolitan Area, HechtSolberg was ranked in Tier 1 in Real Estate Law and Land Use and Zoning Law and in Tier 2 in Corporate Law. “We are honored to maintain our prestigious national ranking MICKEY MAHER for the third straight year,” said Mickey Maher, managing partner at HechtSolberg. “Most firms that rank nationally are prominent global firms. This ranking recognizes that despite being a boutique, our demonstrated expertise positions us on the national stage,” he said.  Wilson Turner Kosmo was named to the U.S. News – Best Lawyers® 2019 edition

of “Best Law Firms.” Firms included in the annual rankings are recognized for their professional excellence and consistently high ratings from both clients and peers. Wilson Turner Kosmo received top San Diego market rankings in five practice areas, including: Metropolitan Tier 1 (San Diego) – Employment Law-Management; Labor Law-Management; Litigation-Labor & Employment, and Metropolitan Tier 2 (San Diego)-Mass Tort Litigation/ClassActions – Defendants and Product Liability Litigation-Defendants. Earlier this year, firm partners Michael S. Kalt, Meryl C. Maneker, Vickie E. Turner and Claudette G. Wilson were selected for inclusion in The Best Lawyers in America© 2019.

CLAUDETTE WILSON

MERYL MANEKER

MICHAEL KALT

VICKIE TURNER

 The law firm of Dunn DeSantis Walt & Kendrick is

pleased to announce the addition of attorney Adam Yarbrough. Yarbrough assists large and small companies with business and employment matters, including litigation in both state and federal courts. He has handled a wide variety of commercial matters, including claims for fraud, breach of contract, trade secret misappropriation, defamation, discrimination, and misclassification of workers. Dunn DeSantis Walt & Kendrick has locations in San Diego, La Jolla, Irvine and Dallas.

ADAM YARBROUGH

Have a Press Release you would like to submit for our Community News? Email it to PR@AttorneyJournals.com Attorney Journals San Diego | Volume 184, 2018

The Lateral Attorney Transition

Two Tips

To Make Your Next Hire a Good One by Steve Fretzin

nyone in the legal community knows that a popular method for growing business is to acquire laterals— successful attorneys who already have built a significant book of business. The idea is simple and straightforward: find a lawyer or group of lawyers with millions in business and acquire the business they control. This is a proven approach that can and does help corporations expand exponentially, but how can you ensure you’ll have a successful lateral attorney transition? Unfortunately, I can say from my 20-plus years of experience in recruiting, business and sales, that many law firms make two substantial mistakes when adding laterals to their firms, which can greatly hinder the success of the firm and the newly hired attorney. First, the firms don’t properly identify, interview and select the best fit candidates. And secondly, there’s no specific onboarding process to ensure a successful lateral attorney transition. When added together, many firms are bringing in the wrong people from the get-go or finding the right people who are left on their own to figure things out. As the popular saying goes, “If you fail to plan, you plan to fail.” The good news is that I have two simple tips to share that law firms can employ to avoid costly mistakes.

Tip #1: Create a solid and thorough interview process. When taking a case to trial, you probably have steps that you follow that have proven effective in the past. You may have even learned these steps from a mentor or someone who got experience in the process before you. Why not approach your interviewing process the same way? The future of the firm and the attorney being sought are both at risk here, so try these alternatives: • Get ideas and processes from the most successful people you know. This may include former managing partners, HR directors and even the recruiters you may be using. 14

Attorney Journals San Diego | Volume 184, 2018

• Create a specific series of steps that guides the candidate through the interview process. Start with a resume and online review (LinkedIn, Facebook, etc.) and move things to a phone call. If that goes well, continue the process, making each step gets you more in-depth information. • Make the most of all the personnel assessment tests available, such as the Myers-Briggs Type Indicator. There are some very sophisticated assessments that will help you understand the candidate’s behaviors, personality, intelligence and social skills. Use these assessments to weed out candidates who won’t fit your firm’s culture. • Create “telling questions” that are open-ended to get the most from the interview. Have two to three highly successful and experienced attorneys or executives conduct the interviews to get a variety of opinions on the candidate. Running an interview in an unstructured manner will lead to a poor hiring decision every time.

Tip #2: Make sure you have a structured on-boarding plan for new laterals. While many firms think that they have this in place as part of the lateral attorney transition, they don’t. I regularly hear stories of the million-dollar lateral that is brought in and then told, “Here’s your office and your phone, let us know if you need anything else.” WHAT?! Your law firm has just made a huge investment in a new attorney, and your on-boarding process (or lack of it) can make or break a successful future for all involved. The right onboarding plan has multiple steps and details that might include: • Assigning one executive committee member to mentor the new lateral. This person would invest time over the first 90 days introducing the new attorney and making him or her comfortable with the team. This also helps get the cross-marketing efforts off the ground.

• Setting up a written plan for the on-boarding and training process. Creating a predictable and manageable plan for the attorney makes a world of difference. Most attorneys thrive when structure is provided. This plan would break down the first week, month and quarter of the attorney’s time as it relates to internal and external activities. The worst feeling is when the lateral has been around for 90 days and nothing has been accomplished to integrate him into the firm. • Most importantly, it is critical to assist the new lateral in bringing over and growing his or her book of business. If they have sold you on the million-dollar book, that must be realized for this to work for both parties. Be sure to find external or internal training and support to get your new attorney off to a great start. Fretzin, Inc. can provide attorney coaching services, among other things. Everyone loses when originations that are expected aren’t realized.

Just one unsuccessful lateral transition can cost a firm significantly. This could be the million-dollar book that isn’t realized, the recruiter’s fees or the unbillable time that was invested and lost forever. The time and money lost for all involved is so unfortunate, given that it’s easy to avoid mistakes when you have the right plan in place. Having an actual plan and process can make all the difference and is the bottom line for firms that want to think more strategically than in the past.  Steve Fretzin is regarded as the premier business coach, trainer, and speaker on business development and marketing for attorneys. In addition to writing three books on legal business development, Steve has devoted 14+ years of his career to helping law firms and lawyers master the art of business development and branding to achieve their financial goals and the peace of mind that comes with developing sustainability in the legal space. Learn more at: https://www.fretzin.com. Attorney Journals San Diego | Volume 184, 2018

APPLIED ECONOMICS Business, Personal and Complex Litigation by Dan Baldwin

hen Steven Sanchez was a senior at Stanford University he had two forward paths from which to choose. He could use his degree in Economics to attain an MBA followed by entry into any number of business ventures. He also had the opportunity to further his education in another direction—earn a J.D. from the Boalt Hall School of Law at the University of Berkeley. The opportunity to study law at Berkeley was one of those “too good to pass up” opportunities that rarely come along, so Sanchez entered law school. The decision has proven to be a wise one, not only for his 30-year career as a civil litigator, but also for the many high-profile clients who seek his advice and legal counsel. “Economics really helps out in the area of damages and the monetary aspects of business litigation. It comes up in every case: damage theories, theories of loss, opportunity costs, how businesses work and so on. Most of the business litigation cases focus on how the business at issue works in addition to loss, opportunity cost and damages. It’s really helpful and as a result of my education in economics I am usually at least on even footing or even ahead when I examine opposing damages experts,” Sanchez says. His firm has represented such notable companies as Jack in the Box Inc., the San Diego Unified Port District, the San Diego City Employees’ Retirement System, the San Diego Padres, and Wells Fargo Bank in both plaintiff and defense matters. He was also co-trial counsel on the highly publicized cases, PLC v. Wells Fargo Bank, and Alpert v. Cuesta Title.

Attorney Journals San Diego | Volume 184, 2018

BUILDING A DREAM-COME-TRUE PRACTICE

Sanchez’s work ethic is an inherited trait. His father was the son of Mexican immigrants who came to the United States as laborers. His father was the first in his family to learn English and the first to attend college, where he studied medicine. A benefactor paid for a large share of his father’s education based on a handshake agreement that his father would practice medicine in a primarily Hispanic community. The family moved to Bonita, where The Law Office of Steven W. Sanchez is now based. “I grew up in Bonita. Today my office is right across the street from my old junior high school bus stop. I love bringing my business back home,” he says. The work ethic Sanchez emulated was expressed throughout his life, particularly in law school where his awards and honors course of study included moot court (oral argument), appellate advocacy, real property law, and professional responsibility. The trait is evident today in the manner in which Sanchez approaches each case. He is a very hands-on attorney. He reads everything relevant to the case and generally conducts his own research, takes all the depositions, and does all the trial work. When contract attorneys are tasked with research he reads the cases they cite and makes sure

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The Law Office of Steven W. Sanchez: Andrea K. Russell, Steven W. Sanchez, and Christina Orejel Ramirez.

that they’ve read them correctly. Sanchez faults the approach some attorneys take in not knowing their case before taking depositions. He believes that the attorney should study the case first and take the deposition with a clear purpose and not just as a fact-finding mission. Sanchez says there is no excuse for not being prepared. “One of the biggest mistakes lawyers make in writing legal briefs or in oral argument is that they rely on a general recollection of the law or evidence, rather than read or re-read the relevant cases, documents, or depositions in detail. An attorney can’t rely on a general memory of the law or evidence.” More than clients have expressed enthusiastic support for Sanchez and his approach. In the mid-1990s, he was asked to be co-trial counsel with Dave Noonan on a very substantial, highly publicized case. The damages had been established on a motion for partial summary judgment at more than $125 million, which the client (a national organization) could pay. The sole issue for trial was the client’s good faith with respect to the transactions that led to the $125+ million in damages.

Attorney Journals San Diego | Volume 184, 2018

A large, national law firm represented the plaintiff. Sanchez’s trial work was so effective that at one point the opposing accountant expert witness broke down and cried during his cross-examination. At the end of about a four-week trial, when the Court was dismissing the jury—they obtained a judgment in the client’s favor that was favorably settled on appeal—the Court asked the jurors if they wanted to say anything to the lawyers. Before a full house, including the media, one juror stood up, pointed at Sanchez, and said, “If I ever need a lawyer, I’m hiring Mr. Sanchez.” Sanchez says, “I learned early on that if you want to win your case, you need to know your case. I am immersed in every case.” He was an attorney at Kirby Noonan Lance & Hoge LLP (formerly Post, Kirby, Noonan, & Sweat) for 28 years. One of his responsibilities as a partner was teaching young, incoming lawyers litigation skills. His constant advice was to know their case better than they knew their favorite book or movie. The Law Office of Steven W. Sanchez was launched July 1, 2016 and now employs Sanchez, Christina Ramirez (legal

CREATING A NEW BUSINESS MODEL FOR ATTORNEYS

When Kirby Noonan Lance & Hoge began planning an amical dissolution, Sanchez decided that it was time to create his own firm. He first evaluated what attracts and retains good clients. He boiled it down to two items: exemplary service and fair price. He had the education and practical experience to provide the service. The fair price aspect was addressed by abandoning the concept of a high-profile office in the expensive downtown environment and that is when he returned to Bonita. His firm doesn’t have an office with a huge brick and mortar overhead, but he says his clients don’t really care where the phone call, e-mail, documents or advice and counsel come from. Most of his people in the law office are allowed and even encouraged to work remotely. The logistics for handling cases has changed over the past ten years. Most courts now accept electronic filings. Most hearings can be handled telephonically. Most court reporting firms have convenient locations for depositions. From the client’s perspective, the location of an attorney’s office is becoming more and more irrelevant. Sanchez says, “We live in an era of specialization. There are attorneys who specialize in electronic discovery. There are attorneys who only handle appeals. Very few attorneys have experience in, and excel at, all substantive aspects of handling a case. Our firm has experience in, and excels at, all substantive aspects of handling a case, from written discovery, legal research, legal writing, document review and taking depositions to trial and appeal.” He has represented a prominent company for 30 years on every sort of case from slip and fall defense to large class actions. When

he changed from having an expensive downtown office to an office in Bonita, his overhead was reduced by 85–95 percent. When he met with the top executives of the company to inform them of the move they asked about rates. They asked if he could work for a certain rate, which was less than what they were paying attorneys in more expensive downtown office environments, he immediately agreed. “I said ‘absolutely’ and right there on the spot they sent me an enormous amount of business.” “My clients say my way of reducing overhead is the way of the future, that we’re going to change the way lawyers do business,” he says.

COMBINING THE LEGAL WITH THE COMMON SENSE APPROACH

Sanchez loves the intellectual challenge of the law and the equally challenging role of putting those principles to work in litigation. “Beyond the law itself, what I love most about the law is winning and cross examination. Winning is challenging. You dig in, work hard and get results. You get to cross examine people and search for the truth. You expose the truth. I still have a passion for being prepared for examining witnesses. I enjoy going to trial,” Sanchez says. He says knowing the law is not enough to win a case, that there are two aspects to every victory at trial. One is understanding of the law as it applies to each case and, two, being able to state the client’s position in a way that is reasonable. “You

Sanchez and his wife of 27 years, Janelle. “She is amazing. None of my successes in life would have been possible without her,” Sanchez says.

secretary, paralegal, office manager) and Andrea Russell (contract attorney). “Today all that hard work has paid off. My clients are great. My practice is challenging, which I love, and I’m now living and working in the beautiful environment where I grew up. This is a dream come true,” he says.

Contact Steven Sanchez The Law Office of Steven W. Sanchez 4045 Bonita Road, Suite 112 Bonita, California 91902 619-434-1160 www.stevensanchezlaw.com

EXPERIENCE

can be right on the law, but if your position doesn’t sound reasonable or fair to the jury or the judge you’re not going to win. You need the legal argument plus the common sense aspects of the case,” he says. He cites a particularly challenging case to make the point. Another firm had a client with a case that was pending in a U.S. Territory, a case that was very important to her business. About six months before trial the attorney handling the case tragically and unexpectedly died. Sanchez was not involved, but he volunteered to go try the case. The opposing party was from that territory and a member of a very well-connected political family in the territory. The witnesses were from the territory and the legal team was told many times that a California party with a California attorney could never win against those odds. To ram home the point, they noted that one of the side streets leading to the courthouse is named after the opposing party. The trial included many examples of provincial conduct from the trial (such as the audience marching out en masse during his opening statement or the head of the political family being allowed to testify for four days). Despite the odds, Sanchez succeeded. The jury awarded the opposing party nothing on their disputed damages claims and awarded his client substantial damages on her counterclaim. He has been hired to go back to that same U.S. Territory in January 2019 to try a different case. Sanchez says, “I have experience in, and personally handle, every substantive aspect of the case, including written discovery, legal research, legal writing, document review, taking depositions, trial, and appeal. I have experience in, and have won, very high dollar damage cases, high profile cases, and high publicity cases. I have won cases at the pleading stage, on summary judgment, at trial, and on appeal. An important part of my practice is working with lawyers on their cases so that my successes are their—and their client’s—successes.” “Above all, I still have the passion to seek the truth,” he adds. n

» EDUCATION

• University of California, Berkeley, J.D., 1986 • Stanford University, B.A., 1983

» PROFESSIONAL MEMBERSHIPS AND ACTIVITIES

• State Bar of California • San Diego County Bar Association • American Bar Association • Association of Trial Lawyers of America • American Inns of Court – Louis M. Welsh Chapter • Published, Los Angeles Daily Journal • AV Peer Review Rated, Martindale-Hubbell • “Top Lawyers” San Diego Magazine

» ADMITTED TO PRACTICE • California State Courts

• U.S. District Court, Southern District of California • U.S. District Court, Central District of California • U.S. District Court, Northern District of California • U.S. Court of Appeals for the Ninth Circuit

Attorney Journals San Diego | Volume 184, 2018

6 Reasons Why Content Is too Important for Lawyers to Write by Jim Bliwas

ontent is about the music, not the words. That’s why it is too important to be written by lawyers and other professionals. It’s not that you don’t know your stuff; rather, it’s that you know it too well. As a result, few attorneys understand how to explain something simply in a blog, article or even a new business presentation in a way that clients will understand both the facts and why it’s important to them. A C-suite executive explained it this way in a focus group I ran once for a law firm client. “I want to read about a dining room chair,” he said in response to a question, shaking his head in exasperation. “But they write blogs that explain six chairs, a table and a sideboard. I’m sure they’re very nice but all I needed to read about was one chair.” Whether it’s a blog, a magazine article, a website or the

Attorney Journals San Diego | Volume 184, 2018

executive summary to an RFP response, writing for clients is an art you probably didn’t learn in law school. How you were taught to write documents creating a merger or craft a filing for a judge or regulatory agency is the exact opposite of how people read, assimilate and remember information.

Flipping the Pyramid To do this successfully and thus attract—and retain—readers who could become clients, content must be written the way the brain gathers and sorts information. Attorneys are trained in law school to assemble facts and stack them up one after another to draw a conclusion. It’s how a court, a regulatory agency or any business document needs to be drafted so that it is crystal clear and legally binding.

Conclusion Fact Fact Fact Fact Fact Fact Conclusion How Lawyers Write

How People Read

But for readers of a blog, an article in a trade or industry publication, or even a piece of leave-behind material handed out at a new business presentation, the pyramid needs to be flipped on its head. A reader needs to know the conclusion first and then see the supporting information. Journalists call it “the lead” and it’s what entices someone into reading the rest of the article.

6. A writer will put a forward spin at the end of a blog, so readers will know what they should do, including contacting you to see how they must adjust what they’re doing—or not doing.

Six Reasons Not to Write Your Own Content

There are many people who claim they can create content. How do you sort through them all? First off, find a writer with a background in journalism— especially business writing. They are accustomed to taking complicated topics and making them understandable and readable for people who need to know something about the subject but don’t care to know about the law. Second, the writer should have experience with lawyers and law firms, so they understand the dynamics of business development in the profession as well as what bar associations and law societies allow for ethical promotion of legal services. Finally, find a writer who can turn out your copy in a hurry. We’re not talking about a Hemingway or Le Carre who fret over a single sentence for months. A blog isn’t The Old Man and the Sea or Smiley’s People. They should produce nearly-finished copy in a day or two. Just because you use a writer doesn’t mean that your voice or intent will be lost. What it means is that your blog, article or other material will be more likely to resonate with readers. 

You know about the law; writers know how to write. Here’s why your content should be written by people who are professional communicators. 1. A writer will put a different angle on something that’s been covered by the business or trade press so that you’re not giving readers old news. 2. A writer will distill your complex, technical and sometimes arcane information down to the understandable basics. 3. A writer will make your writing “sing” by using vibrant language, word pictures so readers can “see” what they’re reading. 4. A writer will construct the piece with a compelling “lead” so that readers will want to know more. 5. A writer will explain your ideas as well as the information, giving readers something to think about that will help them do their job better.

Finding Help

Law marketing veteran Jim Bliwas has spent most of his career working in and with law firms in the U.S. and Canada. He is senior marketing and communications strategist for Professional Services Marketing LLP, and managing director of Leaner Law Marketing Strategies. Reach him at Jim@PSM-Marketing.com.

Attorney Journals San Diego | Volume 184, 2018

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California Case Summaries ADR™ Organized Succinct Summaries of New California Civil Cases by Monty A. McIntyre, Esq. Below are some recent cases summarized by Monty A. McIntyre in his publication California Case Summaries Civil™. Monty prepares short, organized summaries of every new published California civil case that California lawyers can subscribe to on either a biweekly, quarterly or annual basis. For more information go to https://californiacasesummaries.mykajabi. com. A California civil trial lawyer since 1980 and a member of ABOTA since 1995, Monty serves as a mediator, arbitrator and referee with ADR Services, Inc. handling cases in the areas of business, elder abuse, employment/wage & hour, insurance bad faith, legal malpractice, medical malpractice, personal injury, real property and wrongful death. To schedule a matter, contact Monty’s case manager Christopher Schuster at ADR Services, Inc. at (619) 233-1323 or christopher@adrservices.com.

CALIFORNIA COURTS OF APPEAL Arbitration Uber Technologies v. Google (2018) _ Cal.App.5th _ , 2018 WL 4658745: The Court of Appeal reversed the superior court’s discovery order (in favor of Uber) that overruled an arbitration panel’s discovery order (in favor of Google). The case arose from an arbitration proceeding by Google against its former employees who had started a self-driving vehicle company, Ottomotto LLC, that was acquired by Uber. The Court of Appeal overruled Uber’s motion to dismiss the appeal. Because the superior court’s order determined all pending issues in the special proceeding between Google and Uber, it was a final appealable order. The Court of Appeal reversed the trial court’s discovery order. Due diligence-related documents prepared by the law firm Stroz Friedberg LLC were not protected attorney-client communications, nor were they entitled to absolute protection from disclosure under the attorney work product doctrine. While the materials had qualified protection as work product, denial of the materials would unfairly prejudice Google’s preparation of its claims. (C.A. 1st, September 28, 2018.)

Attorney Fees Schulz v. Jeppesen Sanderson, Inc. (2018) _ Cal.App.5th _ , 2018 WL 4718836: The Court of Appeal reversed the trial court’s order awarding plaintiff attorneys only 10% attorney fees on a settlement they obtained of $18,125,000 in a wrongful death action. The contingent fee agreement provided for a fee of 40%, and the plaintiff attorneys requested a fee

Attorney Journals San Diego | Volume 184, 2018

of 31%. The Court of Appeal ruled the trial court gave too little consideration to California Rules of Court, rule 7.955(a) (2), which required it to take into account the terms of the engagement agreement with the clients from the perspective of when the agreement was signed. In addition, the court did not acknowledge the factors listed in California Rules of Court, rule 7.955(b). Instead of balancing the relevant factors, the court gave overwhelming weight to a single concern: the expense of the plaintiff children’s extensive medical needs. The Court of Appeal agreed that a child’s needs are a relevant and important factor in determining a reasonable attorney fee, but this single factor cannot overwhelm all other considerations. Considering the difficulties in the case at the beginning, the fact that other attorneys would not take the case on a contingent fee basis, and the significant costs advanced by the lawyers, the trial court abused its discretion in awarding fees of only 10% percent. (C.A. 2nd, filed September 5, 2018, published October 2, 2018.)

Attorneys Lofton v. Wells Fargo Home Mortgage (2018) _ Cal.App.5th _ , 2018 WL 4659692: The Court of Appeal affirmed the trial court’s order denying approximately $5.5 million of attorney fees to Initiative Legal Group, APC (ILG) and instead directing the payment of this amount to class members in Lofton v. Wells Fargo Home Mortgage (Lofton). The trial court properly issued this order as the result of ILG concealing from the Lofton court and its class member clients a $6 million settlement with Wells Fargo for payment of ILG’s attorney fees in violation of California Rules of Court, Rule 3.769(b). The Court of Appeal also directed that a copy of its opinion be sent to the State Bar of California. (C.A. 1st, September 28, 2018.)

Civil Procedure Martinez v. Eatlite One, Inc. (2018) _ Cal.App.5th _ , 2018 WL 4765268: The Court of Appeal reversed the trial court’s award of pre-998 and post-998 attorney fees of $60,000 and costs of $4,905.07 to plaintiff after a jury found in her favor on her employment discrimination claim and awarded her damages of $11,490. Before trial, defendant had made a Code of Civil Procedure section 998 offer for $12,001 which plaintiff did not accept. The Court of Appeal ruled that the trial court should have compared the jury’s award plus plaintiff’s pre-offer costs and fees, with the amount of the 998 offer, plus plaintiff’s pre-offer costs and fees. Had it done this, it would have concluded that plaintiff did not obtain a better recovery. The Court of Appeal therefore reversed the portions of the postjudgment orders awarding post-offer costs and fees to plaintiff and denying post-offer costs to defendant. (C.A. 4th, October 3, 2018.) Pagnini v. Union Bank, N.A. (2018) _ Cal.App.5th _ , 2018 WL 5023812: The Court of Appeal reversed the trial court’s order denying plaintiff’s motion for relief under Code of Civil Procedure section 473(b) after the trial court had sustained an unopposed demurrer to plaintiff’s complaint. The Court of Appeal ruled the trial court was obligated to grant relief under the mandatory provision of Section 473(b) where appellant presented a sworn declaration from his counsel attesting that counsel mistakenly failed to respond to the demurrer by timely filing an amended complaint. Defendants’ demurrer was effectively a “dismissal motion,” and appellant’s counsel’s mistaken failure to respond to the motion obligated the trial court to relieve appellant from counsel’s error. (C.A. 3rd, October 17, 2018.)

Elections City of Commerce v. Argumedo (2018) _ Cal.App.5th _ , 2018 WL 5023813: The Court of Appeal affirmed the trial court’s judgment for defendant after a bench trial and its order denying defendant’s motion for attorney fees under Code of Civil Procedure section 1021.5. Plaintiff sued in quo warranto (under Code of Civil Procedure section 803) to remove defendant from office claiming that his 2010 guilty plea for misdemeanor obstruction of justice constituted a conviction for malfeasance in office (as set forth in article VII, section 8, subdivision (b) of the California Constitution) that forever disqualified him from holding office pursuant to Government Code 1021. The Court of Appeal ruled that the record of defendant’s conviction did not unambiguously show that his guilty plea to obstruction of justice constituted a conviction for malfeasance in office. The crime of malfeasance in office evidences moral corruption and dishonesty, but a conviction for obstruction of justice does not necessarily imply moral corruption and dishonesty, nor does it imply conduct that occurred “in office.” Also, the trial court did not state for the

record the particular factual basis it found for the plea. The Court of Appeal also held that the trial court properly denied the motion for attorney fees because defendant’s defense of the action did not confer a significant benefit on the general public or a large class of persons. (C.A. 2nd, October 17, 2018.)

Employment Atempa v. Pedrazzani (2018) _ Cal.App.5th _ , 2018 WL 4657860: The Court of Appeal modified part of the trial court’s judgment but otherwise affirmed it in a wage and hour action. Defendant Paolo Pedrazzani (Pedrazzani) was the owner, president, secretary, and director of Pama, Inc. (Pama), which did business as Via Italia Trattoria, a restaurant in Encinitas, California. Following a bench trial, the trial court entered judgment against Pama and Pedrazzani for wage and hour violations. Pama filed a bankruptcy proceeding after the entry of judgment. The trial court properly assessed civil penalties, under Labor Code sections 558(a) and 1197.1(a), individually against Pedrazzani because he qualified as a person other than the corporate employer who either violated the overtime pay and minimum wage laws or caused the statutory violations. However, because plaintiffs sought to recover the civil penalties under the Labor Code Private Attorneys General Act of 2004 (PAGA; Labor Code sections 2698 et seq.), the Court of Appeal ruled that the penalties had to be distributed 75 percent to the Labor and Workforce Development Agency and 25 percent to the aggrieved employees according to section 2699(i). The trial court’s judgment was modified to do this. The Court of Appeal also affirmed the trial court’s award of attorney fees ($315,014) and costs against Pedrazzani. (C.A. 4th, September 28, 2018.)

Family Law R.B. v. D.R. (2018) _ Cal.App.5th _ , 2018 WL 4927558: The Court of Appeal affirmed the trial court’s decision staying a California custody proceeding because India was a more appropriate forum. R.B. (father) and D.R. (mother) were citizens of India who were married in India. In October 2013, their only child, a daughter, was born in California. In February 2017, the mother discovered that the father was involved with another woman and immediately left for India with the child. On February 11, 2017, in India, the mother obtained a restraining order giving her sole custody of the child. On February 24, 2017, in California, the father obtained an ex parte order giving him sole custody of the child. The trial court later held an evidentiary hearing under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA; Family Code, section 3400 et seq.) and ruled that: California had jurisdiction; California was an inconvenient forum and that India was a more appropriate forum; and stayed the father’s petition on the condition that the India custody proceeding go forward. The Court of Appeal ruled that India was not

Attorney Journals San Diego | Volume 184, 2018

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Attorney Journals San Diego | Volume 184, 2018

required to have concurrent jurisdiction under the UCCJEA in order for the trial court to make an inconvenient forum finding, and the trial court did not abuse its discretion in evaluating the inconvenient forum factors under section 3427. (C.A. 4th, October 11, 2018.)

Insurance Lat v. Farmers New World Life Ins. Co. (2018) _ Cal.App.5th _ , 2018 WL 5004763: The Court of Appeal reversed the trial court’s order granting summary judgment for defendant in an action by beneficiaries to recover life insurance policy proceeds. The insured purchased a whole life insurance policy with a disability rider where defendant agreed to waive the cost of the insurance while the insured was disabled if the insured provided defendant with notice and proof of her disability. The insured was diagnosed with cancer in September 2012 and became disabled as a result, but she did not provide defendant with notice of her disability and made no payments on the policy after June 2013. On May 20, 2013, defendant sent a letter to the insured telling her the premium payments received to date were insufficient to pay for the coverage and warned that the policy would lapse and terminate if defendant did not receive a payment by the end of the grace period—July 20, 2013. In September 2013, the insured died. The Court of Appeal reversed the trial court because defendant failed to show any prejudice under the notice prejudice rule. Because defendant did not assert that it was prejudiced by the delayed notice of the insured’s disability, and there is no dispute that the insured was totally disabled within the meaning of the rider, the insured was entitled to the benefit promised by the rider. (C.A. 2nd, October 16, 2018.)

Torts A.G. v. County of Los Angeles (2018) _ Cal.App.5th _ , 2018 WL 5078749: The Court of Appeal reversed the trial court’s summary judgment against plaintiff on the basis that he had no standing under Code of Civil Procedure section 377.60 to be a party plaintiff in a wrongful death action. Decedent died after an encounter with members of the Los Angeles County Sheriff’s Department. Plaintiff was the son of decedent’s partner who decedent had raised and held out as his own child. The trial court erred in ruling that the presumed parent, under Family Code section 7611(d), had no application to standing under Code of Civil Procedure section 377.60. The Court of Appeal ruled that the statutory scheme recognizes a presumed parentage for standing, and a non-biological parent can be a presumed parent. The Court of Appeal found that the record did not rebut the presumption that decedent was plaintiff’s parent, so defendants failed to meet their burden on summary judgment. (C.A. 2nd, filed October 1, 2018, published October 18, 2018.) 

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Amp up Your LinkedIn Profile With These 10 Tips for Lawyers by Bill Tilley

he new year is approaching fast and amidst the last-minute holiday shopping, you can be thinking of your professional goals for 2019. One of the best networking sources available is LinkedIn. Unlike other social media platforms such as Facebook and Twitter, LinkedIn is geared towards professionals, which makes it ideal for lawyers. It connects you with people that you may know through your course of business or other connections. Utilizing everything that LinkedIn has to offer can be extremely beneficial to your 2019 professional goals. Here are 10 tips for taking your LinkedIn profile to the next level:

1. Grow your connections. Send personal invitations to people you may know and tell them how you know them. Conventions and conferences are a great way to network and then connect via LinkedIn. You may be surprised at how many people know each other within your circles. Connections on LinkedIn are also great referral sources. Seek out attorneys that work in other fields than you practice and refer out cases outside of your field. 2. Use the Profile Strength Meter. LinkedIn provides several tools to help you understand how it works and get started. The Profile Strength Meter will tell you where to add more content and will provide an All-Star profile rating once the meter is full. Your search results discoverability will increase the fuller your profile is. On that note: your profile should be up-to-date, professional and free of spelling errors. Make sure to proofread anything that you write on LinkedIn and never publish an article without personally reviewing it. 3. Schedule posts frequently. Along with making sure that your profile is up-to-date, you should also get into the habit of publishing regularly. Use LinkedIn Publisher or an outside managing service like Hootsuite to publish content to LinkedIn and all your social media accounts. The more you post, the more visible your profile will be. 4. Make sure you have a separate Firm Page. If you haven’t already created a separate page for your law firm. Post to that profile page with relevant articles or updates about your firm. Link to your firm’s blog and any social media accounts as well as your website. 5. Be aware of ethics opinions. As with all platforms, you should be aware of any ethics opinions issued by your state. Steer clear of any potential conflicts of interest. Be very careful of listing yourself as an expert or specialist and make sure that others are not endorsing you in a field of law that you do not practice or listing you as a specialist when you have not been certified as a specialist. Pay special attention to state bar rules 30

Attorney Journals San Diego | Volume 184, 2018

concerning advertising and marketing and how they apply to social media platforms. 6. Toot your own horn. Don’t be shy about showcasing what makes you special. Add Skills to your profile, list certifications under “additional education,” add any special projects that you may have completed. Make sure to use your summary section to the fullest. This is the time to share what makes you unique, what makes you someone that a client would want to hire. 7. Get and Give. Send requests for recommendations. Get them from a variety of sources and make sure that they are people that would truly recommend you. Never post fake recommendations and make sure that the people you solicit for a recommendation know specifics about you. While you are collecting recommendations, make sure to dish some out. Be honest and detailed when giving recommendations and endorse other attorneys or field experts where appropriate. 8. Customize. Add media to your profile. Consumers are drawn to images and videos. There is no reason that your LinkedIn profile should be left out of this trend. Make sure you personalize your LinkedIn URL and all other areas of your profile. Where you can customize, do it. Use a call to action with your firm website links. Make people want to visit your blog. Utilize all the features that LinkedIn has to offer. Somewhat new to all the profile perks? Use LinkedIn’s Help feature to read through guides and information on how to get started. 9. Know your target audience. Design your profile to appeal to potential clients. Showcase your experience according to what a prospective client might be looking for. Know that LinkedIn is a great referral source, feature skills on your profile accordingly. Be sure that your profile is professional with a photo that is a good representation of you. 10. Pay attention to your professional headline. Avoid seeming unprofessional with a cheesy headline. Make sure it is clear and concise. Think about who is reading your profile and what you want them to know about you. It is your introduction to potential connections that don’t know you and are trying to learn more about you.  Bill Tilley is a visionary in the ever-evolving field of Litigation Finance, Law Firm Management and Legal Media and is more than just an entrepreneur, he is a leader in law firm growth and risk management. As CEO of Amicus Capital Group and Amicus Media Group, Mr. Tilley manages both firms' day-to-day operations. Learn more at: AmicusCapitalGroup.com and AmicusMediagroup.com.

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