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Asset Protection & Elder Law Center Serving San Diego
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• $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).
Marketing evolves so quickly in the Internet age that sometimes businesses, and even marketers themselves, have trouble keeping up. While some take advantage of cutting-edge concepts and technology, others hold firm to old ideas that still seem to work, but could actually be hindering results.
One of the key marketing metrics that every law firm should monitor is their number of qualified leads. Qualified leads allow you to target prospects most likely to become clients, concentrating your efforts where you’re likely to get the best results.
Qualified leads are generally categorized in one of two ways:
A prospect becomes an MQL based on some type of interaction with marketing materials. In online marketing, this often involves actions like completing a form to request additional information or subscribing to an email list.
An SQL may or may not start as an MQL, but it meets other criteria set by sales staff that indicate a prospect is more likely to actually become a customer or client.
This type of qualification and categorization does, indeed, help to concentrate sales effort on prospects who are more likely to become clients. However, it falls short in many ways. In reality, it is applying an old concept to a new technology.
The problem with the concepts of marketing and sales qualified leads is that they require prospects — even those ready to become clients right now — to slow down and take extra steps before they are connected with the person who will close the sale. This process is very much at odds with the instant gratification, get-itdone-and-give-it-to-me-now culture that we live in.
Everything moves at the speed of the Internet. When people have questions, they want to talk in real-time. When they want
by Guy Alvarez
to buy something, they want to buy it now. Older generations barely remember the once common phrase, “Allow 4 to 8 weeks for delivery.” Younger generations would laugh at the suggestion of waiting so long for anything.
The idea of a marketing or sales qualified lead is tied to a time when businesses and marketers barely had any contact at all with the people they were trying to convert into clients. Advertising was blasted out on TV, radio or newspapers and correspondence was carried out with pen and paper through the post office. Times have changed.
One of the biggest benefits the Internet offers marketers is unprecedented access to the audience they are trying to reach. Two-way communication is fast, free and easy. You or anyone at your law firm can reach out and talk to potential clients any time you wish.
The concept of conversation qualified leads takes full advantage of the multitude of communication channels available through the Internet. It’s a concept so simple that it has been almost completely overlooked.
Don’t make your prospects jump through hoops to get in touch with you. Make it easy for them. Just talk to them, and they will tell you exactly what you need to do to convert them. Qualify your leads based on actual conversations, not arbitrary actions taken through a website or an email.
It may sound like a lot more work, but stop and think about it for a moment. Let’s look at someone who’s trying to contact you through live chat on your website or social media platform, versus someone who’s subscribed to your email list.
When someone signs up for an email subscription, they’ve shown interest, but you don’t know exactly what they are looking for. Maybe they just want some information, but have no real intention of hiring your firm. You may have to send five, ten, or even more emails just to get them to take the next
step and let you know what they really want.
The bottom line is that this person has become a qualified lead, but you still don’t know what they want or if they’ll even convert into a client. That’s not to say that this type of lead isn’t worth following up with, but you obviously get a much clearer picture of what you’re dealing with when there is a conversation involved, and you get that picture much faster.
Communication with prospects is not difficult. In fact, you’ve probably already got plenty of possible clients waiting to talk to you. There are four main ways of initiating the communication that leads to conversation qualified leads:
• Live chat on your website
• Chat bots on your website
• Live chat through social media
• Chat bots through social media
Adding the option to chat with someone live on your website can make a tremendous difference in how visitors react to your law firm’s brand. People absolutely love the idea of getting real-time answers, rather than filling out a form and waiting hours or even days for someone to respond. It really goes a long way toward building trust and confidence. There are plenty of free and paid solutions that make it easy to add live chat to any website. Once it’s set up, it’s as simple as keeping a web page open in a tab of your browser and answering basic questions when someone asks for help. Some social networks, like Facebook, will also let you chat live with your followers.
It might seem a bit impersonal at first, but chatbots can also do a good job of qualifying leads while keeping up the fast pace prospects expect.
Bots can be set up to answer the most common questions your firm receives, and then either pass new leads off to a live person, or allow the visitor to schedule follow-up if nobody is available immediately.
Again, bots can be set up to interact with visitors on your website, or through social networks.
Incorporating data analytics into your lead qualification process can further refine how your law firm approaches potential clients. By leveraging detailed insights, your firm
can identify patterns, preferences, and behaviors that signal a high likelihood of conversion.
• B ehavioral Tracking: Analytics tools can monitor how users interact with your website, emails, and social media. Knowing which pages they visit, how long they stay, and which content resonates with them allows you to better understand their needs and level of interest.
• L ead Scoring Models: Data analytics enables the development of lead scoring models that assign values to leads based on certain behaviors, such as website visits, downloads, or social media engagement. This helps prioritize high-value leads and guide your team’s outreach efforts accordingly.
• Predictive Analysis: By identifying trends in the behaviors of converted leads, you can predict which current leads are more likely to convert and adjust your approach to them. Predictive analytics helps your firm focus its efforts where they’re most likely to be successful.
Utilizing data analytics in combination with conversationdriven strategies ensures your firm is optimizing lead generation efforts, making informed decisions, and accelerating the path from prospect to client.
In the end, other than talking directly to potential leads, your firm won’t need to change anything else in their marketing strategy. You can still use all the same advertising methods and lead processing procedures.
When someone clicks on an ad and returns to your firm’s website, they’ll still see the same landing pages. They will have the option to speak with someone live, either in addition to or instead of filling out a form. When someone has been established as a lead, they’ll still be handed off to the person most able to serve their needs. Nothing changes there.
What you’ve done by opening these direct lines of live communication is to take full advantage of the Internet to put your absolute best leads on a fast-track to becoming clients. It’s a win-win situation for everyone. The job of closing the sale is easier, and the client is happier. Your firm, quite literally, has nothing to lose and everything to gain by embracing the concept of conversation qualified leads. n
Guy Alvarez is the founder and Chief Engagement Officer. Guy is intimately familiar with all aspects of the professional service firm. First, he worked as a law firm associate. Later, he joined ALM Media where he built websites for some of the largest US law firms. After ALM, Guy honed his skills while running KPMG’s Global Digital Marketing group. Learn more at www.good2bsocial.com.
Thought leadership can help assure your clients that your law firm was—and still is—the right choice. I often say that thought leadership is a Swiss Army Knife. It can provide marketing benefits, business development benefits, and recruiting benefits, among other kinds of benefits.
Here’s one of those “other kinds” of benefits: It can serve as a buyer’s remorse elimination tool.
Obviously, a law firm’s thought leadership can’t overcome the firm’s bad client service, bad advice, or bad results. But if a firm is providing at least average client service, advice, and results, a firm’s consistent, strategic thought leadership can reinforce to a client that it made the right choice by hiring that firm.
Assuming that a law firm is consistently publishing thought leadership that is relevant, valuable, and compelling, here are five ways that its thought leadership can be a buyer’s remorse elimination tool.
First, it continuously reinforces expertise and authority on the part of the law firm, thus validating a client’s choice to hire that firm.
When a firm publishes thought leadership content regarding issues that are relevant to the client and their industry, and that demonstrates the knowledge, wisdom, and insights the firm’s attorneys have, that content should reassure the client that the firm has the kind of knowledge, wisdom, and insights necessary to help them resolve the legal or business issues they’re facing.
Second, a law firm’s thought leadership provides ongoing value for a client beyond the work the firm is doing on the client’s active matter(s).
By regularly producing thought leadership regarding topics relevant to a client, such as various legal or business issues they might encounter, a firm is providing free, “value-add” educational material to the client.
by Wayne Pollock
(The education fueling that material, by the way, was paid for by previous clients whose matters allowed the firm’s attorneys to develop the knowledge, wisdom, and insights displayed in the thought leadership.)
The education a client receives from this educational material communicates to them that they will benefit from being a client of their law firm in ways that other law firms may not be able to match.
Third, a law firm’s thought leadership can help shape a client’s understanding of complex legal or business issues, eventually leading to them being more satisfied with the firm’s work.
Thought leadership exploring the messiness or uncertainty surrounding particular legal or business issues can help manage a client’s expectations when they’re facing similar issues. They’ll (hopefully) be realistic about the legal or business issues they’ve hired a firm to assist them with if they’re given context about those issues in a way that’s detached from the work the firm is doing on their active matter(s).
If a client sees through thought leadership that the legal or business environment is particularly uncertain and difficult to navigate, it helps them understand that the resolution of their legal or business issues might not be a slam dunk.
Of course, their attorneys would tell them the same thing in connection with their active matter(s). But when a client infers that on their own from their law firm’s thought leadership, it reinforces what the attorney said without making it seem like the attorney was managing the client’s expectations in a self-serving manner.
Fourth, a law firm’s thought leadership shows a client that the firm has capabilities beyond those it’s employing in connection with the client’s active matter(s).
When a law firm produces thought leadership that covers other legal and business issues beyond those it’s helping a particular client with at the moment, it shows the client that the firm has a wide range of services the client can avail themselves of down the road if necessary.
This thought leadership should comfort a client that the firm they’re working with has a sophisticated service offering and, based on the various areas of law it practices, the firm’s attorneys will be able to “issue spot” potential issues their colleagues can advise their clients on further, making it easy for clients to nip potential issues in the bud.
Fifth, and finally, a law firm’s thought leadership can help make a client feel valued and appreciated when the law firm co-produces that thought leadership with that client, and thus ingratiates itself with the client.
Whether it’s co-authoring an article or whitepaper, or co-producing a video or podcast episode, the process of crafting co-produced thought leadership can help build and nurture a relationship between a law firm’s attorneys and their clients. The latter are getting the benefit of being promoted and marketed, and being given a platform, through their law firm’s thought leadership.
How could a client not feel valued and appreciated when a law firm is asking them to participate in thought leadership at no cost to them, with no significant burden placed on them (because the firm is doing the majority of the work), yet they get all the benefits of the publication of that thought leadership?
The fact that a law firm is asking a client to go in with them on thought leadership sends a message to that client that they are a special client in the eyes of the law firm, which should help reduce any buyer’s remorse they’re feeling.
When a client hires a law firm to handle a new matter, it’s often going to be concerned at first whether it made the right decision.
A law firm’s strategic, consistent thought leadership program that’s regularly producing relevant, valuable, and compelling content in the eyes of that client can go a long way in eliminating the client’s concern that they made the wrong choice when they retained the firm to assist them with their legal or business issue. n
Wayne Pollock is the founder of the Law Firm Editorial Service. The Law Firm Editorial Service sets free the knowledge and wisdom trapped inside Big Law and boutique law firm partners by collaborating with them to strategize and ethically ghostwrite book-of-business-building marketing and business development content. Learn more at: www. lawfirmeditorialservice.com.
This past weekend I was reading something and saw the phrase “be the change you want to see.” I’ve heard it before and have written about the benefits of change. It struck me as I believe change and trying new things is the road to success in business, as well as in life and happiness.
When days are like being on a treadmill, life is monotonous. Maybe it resonated with me because I’m in the middle of a two-week long arbitration hearing and in many ways the days are like being on a treadmill. It read to me as a manifesto saying “take action” and be in control of your own narrative.
In looking into and thinking about the benefits of change, I found and remembered that this saying is part of a quote from Ghandi, which says, “If we could change ourselves, the tendencies in the world also change.” His point is obvious: if you change what you’re doing, the options and potential results change as opposed to waiting for others to change or, in most people’s thinking, for others to magically help them.
An example is waiting and assuming you will meet people who are beneficial to your business instead of having a plan to meet people and asking those who know you well to connect you with others. In that case, the change is taking action instead of waiting for things to “happen” to or for you. The point is to change. Take action now instead of waiting to see what others do, or don’t do. This is a personal call to action that you are solely in control of.
We all have heard the stories of entrepreneurs who had many failures before hitting it big. When you implement change, you will fail many times. Think of it like a mailing campaign where success may be having a 5% response rate. For me, that means that a high percentage of the people I connect together, or I that I am connected with, will not lead to new or increased business. If this sounds bad to
by Neal H. Bookspan
you, it’s reality because not every change or new action you take will be a home run. Plus, the person you meet for lunch today may refer a great customer to you a year later based on that one meeting. You really never know!
None of this happens if you don’t change and try new things. You need to take the first step to create change, whether in relation to your work, to self-improvement, or to improving your community, such as volunteering or joining a non-profit board. Once you start, others will take note and they will have the opportunity to join in, thereby providing a better opportunity for the change you’ve implemented to succeed. Even if you fail, you will learn, which improves your chances for success in the future.
Think of the change you want to see in your world and the world at large. Then set goals and analyze the steps to get there, which will lead you to the actions necessary to bring the change you seek. Don’t let the challenge to change hold you back. As the saying goes, the first step is the hardest. Challenges you have no control over always will come up as part of life, but by affecting change in yourself and through your actions you’re doing more than sitting by and waiting for things to happen or just magically work out. You control the change you want to see, and you should start now. n
Neal H. Bookspan is a Shareholder at Jaburg Wilk and has extensive experience in real estate, advising clients on the acquisition and sale of all types of commercial property, as well as residential and commercial real estate disputes. He also advises clients on issues related to bankruptcy (debtor/creditor issues), construction, and commercial litigation including the prosecution and defense of complex, multi-party disputes. Learn more at www.jaburgwilk.com.
Regularly, we read from news articles that an entity recently started its own business and entered into a business transaction or agreement with another entity. In response, we sometimes assume such an agreement or transaction was conducted at “arm’s length,” meaning the two parties to the agreement or transaction are independent and generally do not share a close relationship with each other, and often are presumed to possess equal bargaining power. In addition, one party to the agreement or transaction would not have any heightened duty to correct mistakes and exercise extra care in connection with the inexperienced counterparty.
However, in practice, not every transaction is conducted at arm’s length and the nature of a business relationship between two parties can vary depending on the relevant factual circumstances. Indeed, special relationships exist that do not arise out of an ordinary arm’s length business transaction. One of them is a fiduciary relationship between lawyer and client.
As Virginia courts have correctly put it, “[a] fiduciary relationship exists in all cases when special confidence has been reposed in one who in equity and good conscience is bound to act in good faith and with due regard for the interests of the one reposing the confidence.” In other words, a fiduciary in the relationship would “hold a position of trust and confidence with respect to another’s financial or personal benefit,” giving rise to specific duties of good faith and responsibility.
The lawyer-client relationship is such a fiduciary relationship. As such, a lawyer must “deal honestly with the client, and not employ advantages arising from the lawyer-client relationship in a manner adverse to the client.” Rest §16(3). While ethical rules governing lawyers vary by state, all fifty states and the District of Columbia have adopted legal ethics rules based at least in part on the Model Rules of Professional Conduct by the American Bar Association (“MR”). Section 1.8(a) of the MR provides the following:
(a) A lawyer shall not enter into a business transaction with a client or knowingly acquire an ownership, possessory, security, or other pecuniary interest adverse to a client unless:
(1) the transaction and terms on which the lawyer acquires the interest are fair and reasonable to the client and are fully disclosed and transmitted in writing in a manner that can be reasonably understood by the client;
(2) the client is advised in writing of the desirability of seeking and is given a reasonable opportunity to seek the advice of independent legal counsel on the transaction; and
by Hyung Gyu (Leo) Sun
(3) the client gives informed consent, in writing signed by the client, to the essential terms of the transaction and the lawyer’s role in the transaction, including whether the lawyer is representing the client in the transaction.
Simply put, lawyers may not drive hard bargains in dealings with clients unless the terms of the dealings are fair, reasonable, and fully disclosed, and the clients were properly advised of, and subsequently provided written, informed consent, to the terms. The applicability of the aforesaid fiduciary principle and ethical rules is not just limited to matters concerning the lawyers’ representation but rather extends to all dealings between the lawyers and their clients, including the lawyers’ business transactions with clients, and their acquisitions of ownership, security, or other financial interests adverse to the clients.
While the scope of the fiduciary principle and ethical rules is quite broad, it does have limits. The ethical rules under MR 1.8(a) generally do not apply to standard commercial transactions between the lawyer and the client for products or services that the client generally markets to others. For example, if a lawyer of the firm that happens to represent McDonald’s in a commercial litigation matter stops at a McDonald’s drive-thru lane and purchases some chicken nuggets, such purchase will likely be deemed one of the previously mentioned standard commercial transactions, and the ethical duty under MR 1.8 (a) would not be imposed on the lawyer for such transaction. This is because the chicken nuggets would cost the same at McDonald’s for the lawyer as it does for any person, and the lawyer would not have an unfair advantage over the client in the purchase of the chicken nuggets.
Outside the area of standard commercial transactions, the fiduciary principle and ethical rules strictly govern the lawyer’s conduct. Given that a client should not be in a position to hire a third lawyer to determine whether his/her current lawyer’s conduct is ethical or consistent with the fiduciary principle in the first place, the client would need a lawyer who can properly assume the stance of objectivity and impartiality whenever he/she advises his/her client and ensure that their dealings with the client are fair and reasonable, and in the client’s best interest. n
Hyung Gyu (Leo) Sun is a senior associate in the Leesburg office of Dunlap Bennett & Ludwig. Leo’s practice focuses on civil litigation and intellectual property. Learn more at www.dbllawyers.com.
Former Prosecutor, National TV Legal Analyst and Award-Winning Trial Attorney
DUI
Domestic Violence
Assault and Battery
Sexual Harassment - Plaintiff
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Murder AWARDS
• Super Lawyers – 2025
• U.S. News & World Report – Best Lawyers
• Martindale Hubbell AV Preeminent Rated Lawyer
• The Nation’s Top 1% – National Association of Distinguished Counsel
• The National Trial Lawyers: Top 100 Trial Lawyers
• Avvo.com Client’s Choice Award
• Avvo.com rating of 10 out of 10 as a top attorney practicing criminal defense based upon client reviews and peer endorsements
by Dan Baldwin
Twenty years ago, two attorneys opened shop to make a dent in the estate planning universe and the Asset Protection & Elder Law Center opened on November 4, 2004.
Attorney Shadi Ala’i Shaffer met her best friend and soon to be business partner, Patrick Phancao, in UCSB as undergraduates. They quickly realized that family was a core value they each held closely at heart. They started their own professional career in different fields. With three years of experience under her belt, Shaffer was determined to open shop with a set of core values that reflected her core beliefs—family before everything.
Shaffer has a “business is personal” mentality and she wanted each of her clients to feel that personal touch. From the most affluent to the working class, it was imperative for Shaffer to let each client feel valued and cared for, the same way she would have wanted her parents to be treated when they came to the U.S. as immigrants. Growing up in an immigrant family gave Shaffer perspective despite living in South OC. However, it was experience that helped her grow more empathetic towards others. Backed by that mental, physical and spiritual alignment, she sought to leave a positive impact in the legal world and the clients that crossed her path.
“I am so thankful to have found Asset Protection & Elder Law. Shadi and Taline were able to help my brother and I close a complex property inheritance issue after multiple other law firms were unable to do so. Working with them was an absolute pleasure. They were always quick to respond to my questions and stayed on top of everything. I would highly recommend their services and would certainly use them again if we have any future issues.” Catherine S.
Shaffer and Phancao shared a desire to challenge the norm and steer away from some of the archaic practices of law firms. For example, the hourly billing rate had to go. As consumers before lawyers, they understood the uneasiness of entering a business arrangement not knowing what it will cost. They began working on a flat-fee model years before it was popular—the focus was on the clients, their legal needs and relationship building for life.
As a younger firm entering the estate planning field, Shaffer found there was a gap between the importance of estate planning compared to the information provided to the public at large.
This is where the concept of legal education without the legal jargon came in. The Asset Protection & Elder Law Center prides itself in providing books and consumer’s guides that walk a client through what to do in the event of a loved one’s incapacity or death. Whether a new client decides to hire the firm was not the focus, the objective was to educate clients so that they understood why pre-planning was so important, and they could then make an educated decision on who to hire for their legal needs.
For the better part of a decade, Shaffer and Phancao intentionally stayed small and grew their practice organically. They were slow to hire and to ensure that each team member shared the same values. Technical knowledge can always be taught; doing the right thing is innate. The practice naturally evolved, but one hire ended up challenging the partners for the better.
Throughout the years they hired staff and attorneys who stayed with the firm and only left due to personal life changes or bigger pastures. One of the best hires was Senior Paralegal Taline Arthur—she is best known as the “Probate Closer.” Arthur leads the Probate and Trust Administration departments with her 20-plus years of knowledge behind her and having handled complex probate cases in LA and all throughout California. She is always ahead of the challenging probate court deadlines and settles cases in stellar time due to her thoroughness and diligence. She is the legal backbone of the firm and is highly regarded in the estate planning community in Southern California. Shaffer commends the firm’s trust administrations growth due to Arthur’s support of the cases and clients’ matters.
Another then-and-now difference is the addition of their attorneys. Valerie Pasion now heads the Trust Planning Department and is often referred to as a “mini-me” for
Shaffer and has taken her place in being the lead attorney that handles new trust clients. Pasion found her way in the estate planning world very much the same way as Shaffer—she knew her legal knowledge could be put to good use without the need to create animosity. Representing families proactively under the law to protect them before legal issues arose was the perfect fit for Pasion who almost considered leaving the law due to its lack of meaning and heart. She discovered estate planning as a practice, met Shaffer, whose personality reflected her own, and realized that she had found her forever home in the legal world. She is now a client favorite and is often showered with baked gifts and stellar reviews. Pasion assists the firm when Shaffer and Phancao are traveling and is positioned under the firm’s succession plan—ensuring clients will be serviced for years to come.
Attorney Shilpa Bhatt is another addition to the firm and has a background in sophisticated, highly transactional commercial real estate. Bhatt found the transactional aspect was too dry and impersonal and working for big institutions acquiring large assets did not resonate with her. Meeting Shaffer affected Bhatt the same way it did Pasion and ignited her love for the estate planning arena. Once Bhatt came on board, her knowledge in estate planning grew as she became more focused on the drafting of the trust plans and helping clients understand how crucial it was for their real estate holdings to be properly funded under the plans themselves. She has recently taken on the new satellite office in Laguna Beach and has spearheaded community outreach and education in their new location in the city of Costa Mesa.
Another team member, Jay Singh, unexpectedly came into the firm during Covid. While Shaffer saw the talent, Phancao, the more pragmatic of the partners, didn’t see a fit until he met Singh. Singh has become one of the pillars of the firm, whose been nicknamed “007” by Shaffer due to his ability to catch the smallest of errors and his meticulous attention to detail. Singh processes all the real estate deed filings in the firm, processes all the trust and asset protection plans and ensures that nothing is missed. What was thought as a temporary position turned into a lifelong career for Singh, and the firm’s brand and clients have benefited ever since beyond measure.
As a result of referral business the firm built over the years, they are positioned to do virtual estate planning all throughout California with many clients up along the coast and in the Bay Area. This virtual service and operation the firm built was especially helpful during the Covid crisis as they were able to help many clients and families create estate plans despite the lockdown. Growing slowly helped the office survive that difficult time, servicing referrals and clients in need while also keeping their staff intact. The sense of duty to do well by their clients evolved in doing the same within their team, and Shaffer feels humbled having survived that storm while other firms were laying people off.
Any contact with the firm goes through the gate-keeper Carolina (Carol) Carranza, Client Services Director and now firm manager. Three years and counting and they have never seen Carol without a smile on her face. Clients enjoy her barista drinks and she has been a breath of fresh air for their clients and the team as she makes sure the office runs smoothly and no one, not even clients go hungry. A foodie to heart—Carol sets the firm apart with her customer service and online reviews show how loved she is. Niki Moosavi, the newest hire and paralegal—a Canadian import, has been a nice addition to the growing team. Moosavi deals with the IRS, Secretary of State, and other third-party agencies who require niche fields of knowledge.
Patrick P. Phancao, Co-Founder and Partner
Having become a strong work family and everyone feeling secured in their position, Phancao has urged the team to take pride in putting honesty over harmony. Shaffer admits that when you are that close, it is hard to put business first but in the end, the team is strong due to their motto—family over everything. “This belief is what I believe has contributed to our firms’ success,” Shaffer says.
With a well-equipped team, it was inevitable client cases would get more sophisticated and complex over time. This pushed everyone to increase their legal knowledge and experience which resulted in the execution of complex advanced estate plans, and asset protection.
The attorneys and staff of Asset Protection & Elder Care Center sometimes find themselves tasked with resolving issues created by other professionals in the business. One of
the biggest cases, and biggest legal messes they encountered, was from a referral by a financial planner to a family-owned business in California. The business is worth $40 million. A husband, wife, and three grown children were involved.
The financial planner said he needed her firm’s expertise in making sure the family had been taken care of properly by another firm. That firm was large, fully staffed for probate, trusts and related services, and had a good reputation. The previous year they had created an estate plan for the family. Though some of the legal bases were covered, Shaffer was shocked to discover the family’s $40 million family-owned business, as well as their portfolio of family-owned properties in California and out-of-state had not been not transferred into the trust. The Asset Protection & Elder Law Center team moved as quickly as possible to get all the moving parts under the newly revised trust. They connected with out-ofstate attorneys to ensure the family properties in those states were properly titled and funded.
If something happened to either the father or the mother, half of the ownership of that business could have gone
through probate. Shaffer said, “It would have been a huge loss for the family. It would have affected the business and all its employees tremendously. This type of success story we had this year really invigorates every one of us to show up to work with excitement and purpose.”
“From start to finish, Asset Protection & Elder Law Center made the planning process smooth and seamless. I have already suggested your firm to family and friends for their own needs. I put my trust and confidence in the members who assisted me— Valerie, Carol and Jay. They put me “at ease” and treated me as family. Mahalo Plenty! Also to my Accountant (Metzler & Associates) for the superb referral. Amazing!” —Sandy R.
Outside of the office, the Asset Protection & Elder Care Center continues its involvement in bettering lives of the people in the communities they serve. One of its biggest involvements is Stand Up for Kids Orange County. It is an organization dedicated to fighting youth homelessness in OC, which has more than 28,000 homeless youth either couch surfing or living under some bridge. Shaffer says it’s a misconception that people think a lot of these kids are drug addicts or simply choose that lifestyle for lack of drive. Sometimes, these children come from abusive homes, parents who suffer from addiction, mental health. “These are good kids that just want an opportunity. The charity actually helps get them off the street and helps them get into safe housing, helps them go back to school. If some of them need counseling or drug support, they will help. Otherwise, they help them with resume building, getting jobs, money for transportation, things of that nature.”
Shaffer has been an active board member for 18 years and the firm has helped significantly in fund-raising. She also makes personal contributions in the form of a free trust every year to her sons’ teachers, writing a thank you note expressing the gratitude she feels for how hard teachers work.
“It was strange the first or two times we offered the complimentary service, but since then, it has become tradition. One of the teachers cried in our office, saying this was one of the best things she has ever been gifted in her 21 years of teaching. That’s beautiful. It has taken on a life of its own and is something the entire team loves doing,” Shaffer says.
Asset Protection & Elder Care Center has done well progressing from “then until now” and the partners look forward to more years of high-caliber service, with impeccable legal representation.
“I think if you lead with good intentions, good things tend to happen. There are other attorneys that have been doing this longer than us, may have more knowledge than us, but none of them will have the heart, commitment, and loyalty to their clients that we do as a team! When you do what you love, it shows and our entire team loves the work and the clients that come through our doors. Like the saying goes—If you do the work you love, you will never work a day in your life. That is our team and our firm in a nutshell.” Shaffer says. n
Contact
Asset Protection & Elder Law Center
3187 Red Hill Avenue, Suite 115 Costa Mesa, CA 92626 (714)966-2646
www.AssetProtectionCenter.com
Many law firm owners and managers want to grow or scale their firms. If they can increase their firm, they can pay themselves and their employees more. With more income, law firms can do other great things, like buy new equipment, obtain better benefits, and maybe even expand their law firm. It can even allow a law firm manager or owner to retire sooner.
Many law firm owners and managers have no idea what the average growth rate of a law firm is when trying to grow it. Knowing the average growth rate can allow a law firm to have reasonable expectations. By having realistic expectations, law firms can budget and plan accordingly.
According to a recent American Bar Association article, the first half of 2024 was relatively strong for law firms, with an average growth rate of 11.4 percent. In 2023, the average growth rate was less than half at 4.4 percent.
The article says: “The rate growth was highest—at 10%—for firms among the nation’s top 50 for gross revenues. Those firms also had the highest revenue growth, with a 13.8% increase.”
Average growth rates do not necessarily mean a lot for every law firm. Some law firms exceed national averages, while others fall below them. However, knowing the averages can be a good guide for budgeting and planning as a starting point.
If a law firm plans to exceed these averages, it will likely have to be aggressive. Being aggressive likely means opening new satellite locations, increasing the advertising budget, and hiring attorneys and staff to handle the increased workload. Scaling a law firm can be a risky endeavor. A law firm owner or manager may be in a tough spot if it does not work. But if it works, the reward can be significant.
by Kirk Stange
It is often true that it can be easier to grow a law firm out of the gates quickly, but that growth can slow down the larger the law firm because the firm can become hard to manage. For example, a law firm that can double its income in its early stages will find that almost impossible to replicate once the firm reaches seven or eight figures.
There are law firms that exceed these expectations each year and receive awards from organizations such as Law Firm 500. However, it can be hard to exceed national averages if a law firm does not open new locations, advertise, hire with a degree of speed, and have the proper infrastructure.
Some law firm managers and owners may try to scale their firms unsuccessfully. Many do not succeed because they lack a solid marketing plan, do not budget carefully, or do not have a process for making good hires.
Rising costs and inflationary factors can also impact law firms. Even if a law firm increases its gross revenues, the cost of just about everything increases for law firms. Increasing costs include insurance, rent, taxes, salaries, and advertising. Thus, to scale a law firm successfully, the growth rate does have to exceed inflationary factors.
However, when a law firm’s revenue numbers become static or even decrease, with increasing costs, many law firms can shrink when considering rising prices. Thus, many law firms will want to aspire for some growth to maintain the status quo. n
In 2007, Kirk Stange founded Stange Law Firm, PC with his wife Paola and has worked diligently to grow the firm to what it is today. In addition to practicing law, Kirk spends time educating attorneys and other law professionals at CLE Seminars through the Missouri Bar, myLawCLE, the National Business Institute and other organizations. To learn more, please visit www.stangelawfirm.com.
Getting more followers on social media may be an important goal for your law firm. That’s because a growing number of followers is a sign of expanding reach and exposure. As your firm scales, you should see a similar trend happening with your Facebook followers. We know that buying followers doesn’t really work (because those purchased contacts rarely translate to engagement). So how can your law firm cultivate more Facebook followers? Here are several ways to do so organically.
Develop a robust strategy that accounts for what success looks like, what content will resonate with your audience, the best ways to engage, and what you know of how competitors leverage the platform.
The more you post, the more visible you’ll be, and the more that people will have opportunities to follow you. Create a content calendar and consider investing in a third-party tool like HubSpot that can help you schedule posts.
The more you post on Facebook, the more chances you’ll have of getting more Facebook followers. Don’t let posting fall by the wayside. Use an automation tool to set up a series of posts over the next several days in advance.
You might have the best post ever, but if no one is around to see it, it won’t matter. Visibility is key, so make sure you’re posting at times when a lot of eyes will be on your content. Find out when your followers are most active, and post at those times. The only way to know your ideal posting time is to experiment with varying times.
by Evan Powell
People love to share content these days. If you create something informative, entertaining, inspiring, or just interesting, it’s more likely to be shared—which increases your reach. Note that the most shareable content is easy to digest, such as short videos, and visually appealing.
People want to feel seen and heard by brands they follow. Make it a priority to interact with your followers, whether that’s answering a direct message or responding to a comment. Social media is truly about being “social”.
Direct traffic to your Facebook whenever possible, including from your website, in your email newsletter, on blog posts, and on other social media platforms.
Simply say “Connect with us” and then include the social icons for the platforms you’re on.
Influencers and thought leaders not only offer a much larger reach than most firms have, but they also provide social proof and credibility. Try finding an influencer for an audience you haven’t targeted previously, and build a campaign to drive traffic. Followers who come from an influencer’s posts are more likely to have some level of trust already.
Two businesses with similar audiences can benefit from working together. A co-marketing campaign could be a month-long video series, or live events or webinars hosted by both businesses. Look for companies/firms that are a natural complement to your firm, and see what you could put together that would provide value for your joint audience.
Participating in relevant groups can give you direct access to your audience. If you spend time in the groups, you’ll learn more about their needs, challenges, and concerns. Remember, though: groups aren’t a place for selling. Keep activities geared toward creating authentic connections and conversations.
Your own Facebook group is one of the best databases you can have, similar to your own email list. These people have opted in to hearing from you and are interested in what you have to say. Again, the focus here should be on providing value and fostering a strong and helpful community.
This area tells you how people interact with your Facebook page and posts. Use the information you find here to tell you what’s working and what needs to change.
Video content on Facebook usually gets higher levels of engagement than pictures or text-based posts. As a result, more people will view your content. The more viewers and Facebook likes you get, the higher the chance your content will be found by potential new Facebook followers.
It would be unfortunate if someone wanted to follow your page but couldn’t find it. Make things easier by using the same username across all social platforms, adding your logo and a relevant cover photo, and having a completed “About” section.
Your law firm’s Facebook presence should be used to connect with your target audience and publish content that resonates with them. Followers do expect that to come with a bit of selfpromotion, but too much will turn them off quickly.
As social media has expanded, bots and fake profiles have become more common. That makes users reluctant to follow brands they aren’t familiar with. Request a verification badge on Facebook by filling out this form.
Every social media platform is different, and their users are drawn to different types of content. The best performing content for law firms on Facebook is funny, entertaining, or practical. Content that humanizes your firm and showcases your community involvement also performs well. Don’t simply recycle the content you use on other channels, develop content tailored to your Facebook audience.
In addition to all the other tips we just mentioned, try developing ad campaigns to reach more users. You can target people based on location as well as demographics, behaviors, etc. Though there are plenty of free ways to get more followers, you can supplement them with paid ad campaigns for a wellrounded strategy.
Utilize lead magnets to attract and engage potential followers on your Facebook page. Offer valuable resources, such as eBooks, white papers, or free consultations, in exchange for contact information. Promote these lead magnets through engaging posts that highlight their benefits. This strategy not only encourages more users to follow your page, but also helps you build a valuable email list for future marketing efforts.
Getting more followers on Facebook requires a lot more than just posting regularly—though that’s certainly an important part! Law firms can try these tactics to better tap into their target audience and create a Facebook presence that attracts new followers and engages their current audience. n
Evan Powell is an Account Strategist at Good2bSocial. Mr. Powell has been a driving force in the digital marketing realm for over two years. Equipped with a degree in Business Administration from the University at Buffalo, specializing in Marketing, he’s crafted numerous successful advertising campaigns and fostered lasting client relationships. Learn more at www.good2bsocial.com.
It seems as though every day, there is a story in the legal news about a well-known law firm facing a disqualification motion. While disqualification motions are being filed more frequently, that is only half the story.[1]
Such motions are often filed under seal, either by counsel seeking to avoid publicity or clients who do not want to air their dirty laundry (such as employment discrimination claims, white-collar criminal matters, etc.) in a public forum. Additionally, law firms may quietly withdraw when initially faced with a well-grounded disqualification motion.
When a lateral partner moves to a competitor, there is a risk that the partner’s former clients, who may become averse to the new firm, may file disqualification motions. However, the risk may not be realized unless the new client engages in litigation with the lateral partner’s prior client, possibly months or years later.
Disqualification motions tend to be more prevalent in intellectual property litigation, particularly in the bioscience and chip technology sectors, because there are relatively few practitioners in those highly technical areas.
Given the frequency of corporate—and especially intellectual property—litigation, disqualification motions are often venue in Delaware courts. The state has a well-developed law on disqualification and tends to be somewhat hostile to such motions.
Delaware is generally less concerned about whether a conflict of interest constitutes an ethics violation, which can be raised in a bar complaint. Rather, the focus is on whether the conflict undermines the legitimacy of the process and causes actual harm to the client.
The risk of disqualification motions can be considerable for clients engaged in high-stakes litigation. This includes losing their counsel of choice, who are familiar with the case, and having to retain successor attorneys to get up to speed in a complex matter.
by Matthew Henderson
Disqualification can likewise lead to a claim for legal malpractice or breach of fiduciary duty, as illustrated in the April 2022 decision of RevoLaze LLC v. Dentons in the Eighth Appellate District of the Ohio Court of Appeals.[2] In the Dentons case, the law firm’s primary sin was allegedly not telling the client about the risk of disqualification early in the attorney-client relationship.
From a risk management perspective, even when a law firm concludes that a conflict does not exist, it should consider disclosing any issue to the client, which could potentially trigger a disqualification motion. It should also explain that while the firm does not believe a conflict exists, the firm wants the client to be aware of the issue and offer to discuss any questions or concerns the client may have. That step prevents the client from later claiming that had it known of a conflict, it would have made a different decision.
Disqualification motions can have profound financial implications for law firms that earn large fees in complex and protracted litigation, particularly in the intellectual property field. Thus, law firms seeking to preserve attorney-client relationships in high-profile cases may pay outside counsel to oppose disqualification motions. Alternatively, in close cases of disqualification, clients may be willing to pay the attorney’s fees to retain access to their counsel of choice.
To reduce the risk of disqualification motions, some law firms proactively include advance conflict waivers in their engagement letters. Such waivers are more likely to be effective when working with a sophisticated client.[3]
Two recent cases— IBM Corp. v. Micro Focus (US) Inc., decided in May 2023 by the U.S. District Court for the Southern District of New York, and SuperCooler Technologies Inc. v. The Coca-Cola Co., decided in July 2023 by the U.S. District Court for the Middle District of Florida[4]—suggest that such prior consent, obtained via a well-drafted advance conflict waiver, can be effective in opposing disqualification.
These two cases identify elements of an effective prospective conflict waiver:
1. A description of the types of conflicts that might foreseeably arise in the future; and
2. The terms that would allow the law firm to undertake adverse representation that is not substantially related to a prior representation of the client, including taking steps to protect the client’s confidential information.
Another risk management best practice is to identify and analyze potential conflicts of interest at the onset of the attorney-client relationship. This is often a labor-intensive process but a valuable risk mitigation measure. It involves reviewing attorney time records and interviewing lawyers to determine the scope of the prior representation and what confidential information the attorneys and law firm may possess.
If a law firm believes that a former client could raise a conflict, it is advisable to inform the new client as soon as possible and obtain that client’s informed consent going forward.
Careful vetting of lateral attorneys is likewise imperative to reduce the possibility of facing a disqualification motion. Law firms often want to move quickly in onboarding a new partner. However, it is crucial to complete a thorough conflicts check. Although not common, some law firms go back as far as three to five years.
Law firms should likewise consider including provisions in their engagement letters containing:
1. A disclaimer of future duties after termination of the attorney-client relationship, and
2. A sunset provision stating that if the law firm has not performed any legal work for the client in 12 months, it will be treated as a former client for conflict purposes.
Given that concurrent and former conflicts of interest are imputed to entire law firms, it is also prudent to have robust screening protocols to ensure that lawyers with potential conflicts cannot access confidential client information on a law firm’s server. Disqualification may be avoided where a law firm can demonstrate that it promptly and carefully screened allegedly conflicted counsel.
However, states take different approaches to lateral attorney conflicts, so law firms must be familiar with the imputation rule in the particular jurisdiction in which the lateral practices. Illinois, where I practice, is rare in that law firms can address a lateral conflict via an ethical wall. Some states require a waiver, and others will permit an ethical wall if the lateral has minimal involvement, although each state has its own test for what level of involvement is permitted.
Once a disqualification motion has been filed, it is recommended that a law firm promptly consult with its client, evaluate the chances of prevailing, and obtain its client’s informed consent to oppose the motion. If the conflict is serious, it is often best to withdraw. If a decision is made to fight the disqualification, usually affidavits must be submitted to prove the attorney’s limited involvement in a prior matter or lack of access to confidential information.
Disqualification motions appear to be proliferating in both public and private forums, including arbitration proceedings. Law firms need to be aware of the types of conflicts that most often lead to disqualification and the types of attorneys who may be affected.
The exposure to such motions can be reduced by risk management, including advance conflict waivers and other provisions in engagement letters, careful vetting of lateral attorneys, and promptly implementing screening protocols.
Even if a disqualification order is entered, it does not necessarily mean that civil liability or attorney discipline will follow—particularly if the conflict was technical and the client was not harmed. n
Matthew Henderson concentrates his practice in the representation of attorneys in all aspects of professional liability and ethics including the defense of legal malpractice and breach of fiduciary duty actions, providing risk management and legal ethics advice, defending lawyer disciplinary proceedings, and litigating attorney fee disputes and sanctions motions. Learn more at www.hinshawlaw.com.
[1] Many of the ideas in this article are from a panel that the author moderated in March of 2024 at Hinshaw & Culbertson LLP’s 23rd annual Legal Malpractice and Risk Management Conference on “The Recent Explosion in Disqualification Motions” with panelists John Villa, a prominent legal malpractice litigator from Williams & Connolly, and Laura Giokas, the general counsel at BCLP. [2] RevoLaze LLC v. Dentons US LLP, 2022-Ohio-1392, 191 N.E.3d 475 (Ct. App.). [3] ABA Model Rule 1.9, Comment [22]. [4] IBM Corporation v. Micro Focus (US), Inc., 2023 U.S. Dist. LEXIS 100246 (S.D.N.Y. May 30, 2023); SuperCooler Technologies Inc. v. The Coca-Cola Co. et al., 2023 U.S. Dist. LEXIS 145316 (M.D. Fla. July 17, 2023).
You’re ranking so well in the SERP (Search Engine Results Page) that you don’t need to gain ground. But how do you hold your winning position?
Not by sitting back on your laurels.
It’s simply untrue that a firm can maintain its position at the top of the search rankings with minimal effort. Search engine optimization is an ongoing process. You cannot maintain an SEO ranking—you can only continue to earn it.
In this article, we’ll explore why SEO for law firms is an ongoing investment once you’re on top and the reasons why.
Staying on top of Google’s algorithm is like trying to hit a moving target. SEO isn’t static because search engines aren’t.
Google rolls out core updates multiple times per year, impacting rankings even if no actions are taken on your site. Updates can be frequent and unpredictable, which can mean reshuffling the search rankings practically overnight. For instance, Google could change how it ranks mobile-friendliness, page speed, or core web vitals.
No matter how well optimized your site is today, algorithm changes could affect it tomorrow.
To stay on top, you have to plan to adjust to ongoing algorithm updates.
A solid SEO strategy should include routine monitoring and adjustments in response to changes. Working with an experienced, nimble agency is the best way to keep up.
“Maintenance
by Omnizant
SEO is a competition for visibility, and your competitors are always looking for new ways to outrank you.
If a competitor firm wants to rank higher for keywords like “best injury lawyer,” they might increase their content output, target new keywords, or invest in paid advertising.
Even if you’re ranking well today, it’s dangerous to assume your competitors will stay stagnant.
If you stand still, your competitors’ growth will erode your rankings. If you allow your competitors to outpace you in content production or link-building, they can push your firm off page 1 of Google’s results.
To keep ranking highly, continuously update your content strategy with fresh blog posts, case studies, and client testimonials. Regularly research new keywords and monitor your competitors’ efforts.
Even high-ranking content can lose relevance over time. Links and content naturally decay, meaning a page that once performed well may drop in the rankings due to outdated information or broken links.
The legal landscape is always changing, and your content needs to evolve to reflect accurate laws and active links.
Google favors sites with consistent updates, so refresh key pages on your site regularly such as practice area pages, blogs, and attorney bios. Ensure your internal and external links remain functional and that your content stays aligned with evolving user expectations.
Users—and Google—prioritize websites that have fresh, updated content. Outdated content (even if it’s comprehensive) can lead to fewer backlinks, lower rankings, and less traffic from organic searches.
Stale content tells people and search engines that your site may no longer be relevant or trustworthy.
If a potential client lands on your page, will they click away when they see outdated blog posts or inactive social media marketing? Your prospects are more likely to trust a law firm that appears active, authoritative, and knowledgeable about current legal issues. Otherwise, visitors may question your credibility.
Law is a dynamic industry, and people expect real-time solutions. Update your blog regularly with recent case law, legislative changes, and current legal tips. Publish new client success stories to show that you’re still out there delivering results.
The digital world moves too quickly for “maintenance mode.” Even SEO winners must continue to grapple for their spot at the top. SEO requires constant effort to stay competitive, keep your content fresh, and adapt to changes in algorithms and user behavior.
Law firms that continually invest in SEO will maintain their rankings and grow their digital presence. Neglecting ongoing SEO efforts leads to diminished online presence, fewer inquiries, and lower client conversion rates. n
Since 2006, Omnizant’s team of digital marketing experts, designers, developers and writers has helped over 2,000 law firms develop powerful websites that drive business growth. Learn more at www.omnizant.com.
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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.