Attorney Journals, San Diego, Volume 244 by Attorney Journals

SAN DIEGO

Volume 244, 2024 $6.95

Offline and Online Advertising— They’re a Team!

Omnizant

Essential Tips for Lawyers to Follow After a Pitch

Stefanie Marrone 3 Ways Lawyers Realize ROI by Collaborating with Outside Writers

Is Your Location Near Your Competition?

Wayne Pollock

Kirk Stange

5 Key Considerations for Using 3D Animation for Litigation

4 Reasons Law Firms Should Have CRM Integrations

Brian Schutzman

Chris Fritsch Take Responsibility (Without Conceding Liability)

Ken Broda-Bahm, Ph.D.

Attorney of the Month

Oscar Valencia Elite Criminal Defense San Diego Rough Neighborhoods Create Tough Attorney

SPECIALIZING IN COMPLEX BUSINESS LITIGATION

BET-THE-COMPANY CASES OVER 65 YEARS OF COMBINED EXPERIENCE REFERRALS/SUBSTITUTIONS ACCEPTED AT ALL STAGES OF LITIGATION, INCLUDING TRIAL • $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).

501 West Broadway | Suite 1720 | San Diego, CA 92101 | 619-487-1500 | www.kirbyandkirbylaw.com

2024 EDITION—NO.244

TABLE OF CONTENTS 6 Take Responsibility (Without Conceding Liability) by Ken Broda-Bahm, Ph.D.

10 Essential Tips for Lawyers to Follow After a Pitch by Stefanie Marrone

12 Offline and Online Advertising— They’re a Team! by Omnizant

14 Four Reasons Law Firms Should Have CRM Integrations

EXECUTIVE PUBLISHER Brian Topor EDITOR Wendy Price

by Chris Fritsch

PUBLICATION DESIGN Penn Creative

ATTORNEY OF THE MONTH

16 Oscar Valencia, Elite Criminal Defense, San Diego Rough Neighborhoods Create Tough Attorney

CIRCULATION Angela Watson PHOTOGRAPHY Chris Griffiths STAFF WRITERS Dan Baldwin Jennifer Hadley

by Dan Brown

CONTRIBUTING EDITORIALISTS Ken Broda-Bahm, Ph.D. Chris Fritsch Stefanie Marrone Omnizant Wayne Pollock Brian Schutzman Kirk Stange

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24 Is Your Location Near Your Competition?

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22 Three Ways Lawyers Realize ROI by Collaborating with Outside Writers by Wayne Pollock

by Kirk Stange

26 Five Key Considerations for Using 3D Animation for Litigation by Brian Schutzman

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Take Responsibility (Without Conceding Liability) by Ken Broda-Bahm, Ph.D.

I will admit up front that the title for this one might sound like someone trying to weasel out of something: Trying to gain the psychological benefit of “stepping up” without the legal liability that many might see as going along with that. And, it must be said, there’s a real risk that a jury will see it as such. At the same time, there is an important distinction to be made. Legal liability is a narrow concept, and that is intentional. The broader notion of “responsibility” is not the same thing in all situations. For that reason, civil defendants might want to devote some thought and craft some language focusing on what that distinction could mean in the context of a specific case. In the book Nuclear Verdicts: Defending Justice for All, attorney Robert Tyson emphasizes the need to address a jury’s motivation to “send a message” through a large damages award, and that this message often requires credibly presenting oneself as the party that embraces relevant responsibility rather than ducking it. But the finer point is that this means asking jurors to distinguish between the broad responsibility in using what power you have to avoid or address bad outcomes and the narrower legal liability that is tied to the instructions. In this article, my goal is to play out that dissection in a few contexts and to share some ways to make it clearer for jurors. If you’ve watched a few mock trials, you may know that it is very common for mock jurors to miss the nuance, with a “They admitted it!” reaction potentially being tied to any acknowledgment from the defense side, or even to a conditional argument on an alternate damages amount. The message needs to be delivered not just once, but repeatedly as part of a trial theme. That is why it helps for defendants to have a comprehensive and tested message. The success of any message will depend on the specifics of your case and venue, but in the remaining sections of this post, I’ll suggest four types of message, or levers to draw a distinction—all efforts to say we’re responsible “for this, but not that.”

The Control Lever (Responsibility for What You Can Control, Not for What You Can’t) The first common way to distinguish between a responsibility (that you are accepting) and a liability (that you are denying)

Attorney Journals San Diego | Volume 244, 2024

is to focus on what is within your power, and to appeal to the commonsense notion that you embrace the ability to control what is in your sphere, but that the factors that the plaintiff is trying to turn into liability are outside that sphere: When Smithco designs a product like this, we take responsibility for a vast array of factors: testing, design, manufacture, quality control, and more. We know we will be held responsible for all of those factors, and we want that responsibility. But there is one thing we cannot fully control, and that is the choices that an individual makes when using this product improperly.

The Time Lever (Responsibility for What We Know Now, Not for What We Didn’t Know Then) A second lever of distinction is to focus on time. While disabusing jurors of hindsight can be notoriously difficult to do, in some cases the effort to separate past from present knowledge is essential to the liability defense. To reinforce the difference, a defendant can embrace what is known now through hindsight, while separating that from the constructive knowledge at the time that would have created legal liability: At this point, we know what illness Ms. Johnson had, and we know that due to the benefit of one thing: hindsight. And, of course, we will use that knowledge when it comes to her continuing care. We will even use that knowledge when it comes to the care of other patients, and when it comes to looking at our practices going forward. But one thing we can’t use that present knowledge for is a decision in the past. Limited to what was known then, we can responsibly only order the tests that are indicated by the symptoms at the time, and not the tests that we only now know might have helped.

The Legal Lever (Responsibility for a Practical Error, Not for Legal Liability) A third lever appeals to the notion that not every mistake, and not every wish to have done something differently translates into liability since the legal standard for civil liability is purposefully narrow. Defendants can agree with what might be the inescapable conclusion that “we could have done better” without necessarily conceding specific liability:

When we entered a contract with Bigco, we weren’t blind to the risks. We knew that we had to ask for strict guarantees, and we did. In hindsight, we were still too trusting, and some of those who negotiated the deal for us still let personal relationships overpower legal considerations. We could have done a better job of protecting ourselves. We acknowledge that, and you can bet the company will take greater care in the future. But none of that changes the fact that Bigco was the party who breached first—by the time we left the deal, there was no contract left to breach.

The Policy Lever (Responsibility for Policies, Not Necessarily for Personnel) While in some cases the concept of agency locks in the legal conclusion that the responsibilities of personnel are absorbed by the company, in other cases that won’t be true. Where there are grounds to distinguish, companies may need to emphasize that the systems the company set up do work, but unfortunately individual irresponsibility caused those systems to not be followed in this case: This school is committed to creating a safe environment for kids. That means comprehensive background checks for all adults coming in contact with kids. That means clear policies forbidding inappropriate contact and referring issues to law enforcement. That means clear requirements for adults to be mandated reporters whenever they see something legitimately suspicious. The school takes responsibility for

all of that, and it is a big responsibility. We don’t shy away from that responsibility, we embrace it. What the school can’t take responsibility for, though, is when a person chooses to commit a crime, and when that person unfortunately succeeds in keeping their crime a secret. These are a few of the most essential ways of separating responsibility from liability, but there are surely others. There may even be ways of drawing that distinction that are completely unique to your case. Based on the traditions and training of many defense attorneys, the reaction to some of these messages might be, “Why admit anything?” That tack might appeal to a logical motivation to make the target on your back as small as possible. But increasingly in an age of nuclear verdicts, an “admit nothing” approach does not appeal to jurors’ psychological motivation to reward good behavior and to punish bad behavior. To avoid being on the latter end of that stick, defendants should devote serious thought to what levels of responsibility they can safely adopt in the context of a specific case. n Ken Broda-Bahm, Ph.D. is a Senior Litigation Consultant at Holland & Hart in charge of assisting plaintiffs and defendants seeking to maximize their message effectiveness in jury trial, bench trial, arbitration, and mediation settings by providing strategic advice, messaging, opening statement assistance, witness preparation, demonstrative exhibit advice, jury selection, mock trial and focus group research. Learn more at www.hollandhart.com.

Attorney Journals San Diego | Volume 244, 2024

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Mastering the Art of the Follow-Up: Essential Tips for Lawyers to Follow After a Pitch by Stefanie Marrone

As Tom Petty said, “the waiting is the hardest part.” After delivering a compelling pitch to a prospective client, the follow-up email is a crucial step in nurturing that initial connection and continuing the conversation. For lawyers, this is more than just a courtesy—it’s an opportunity to solidify the relationship and demonstrate the value they can bring to the table. Here’s a guide on how to craft an effective follow-up email that resonates with potential clients. 1. Express Gratitude with a Personal Touch: Begin your follow-up with a personalized thank-you note. This gesture of appreciation for the client’s time and consideration sets a positive tone for your email. Make sure to reference specific topics or discussions from the pitch to show your attentiveness and genuine interest. 2. Recap the Highlights: Include a brief summary of the key points from your pitch. Highlight how your legal expertise aligns with their needs. This recap helps in reinforcing your message and keeps the critical aspects of your proposal at the forefront of the client’s mind. 3. Provide Additional Resources: If during your pitch you promised additional information or resources, ensure to include these in your follow-up. Attach relevant case studies, blog posts, whitepapers or links to articles that offer deeper insights into how you can address their specific legal concerns. 4. Clarify the Next Steps: Outline a clear and concise action plan. Detailing the next steps, whether it’s a proposed timeline or a schedule for future meetings, provides clarity and shows your proactive approach. 5. Share Success Stories: Including client testimonials or case studies relevant to the prospect can significantly boost your credibility. These success stories act as evidence of your proficiency and experience in handling similar cases. 6. Offer Tailored Legal Insights: A brief analysis or legal insight related to the client’s industry or situation can be very impactful. This demonstrates not only your expertise but also your commitment to providing value beyond the standard pitch. 10

Attorney Journals San Diego | Volume 244, 2024

7. Encourage Further Dialogue: Invite them to reach out for any additional information or discussion. Providing direct contact details and ensuring they feel comfortable to engage further is key in building a trusting relationship. 8. Attach Useful Documents: If you referenced any brochures, service descriptions, lawyer CVs or other materials during your pitch, attach these documents to your email. Make sure they are easily accessible and relevant. 9. Consider a Personalized Video Message: A short, personalized video message can be a unique and engaging addition to your follow-up. It adds a personal touch that can differentiate you from others. 10. Suggest an Educational Session: Offer to host an educational session at their office or virtually via Zoom. This can be a workshop, webinar or Q&A session tailored to their specific needs or interests. It’s an excellent way to showcase your expertise, provide additional value and build a stronger connection with the potential client. 11. Follow Up on Next Steps: Instead of just leaving the ball in their court, actively suggest a follow-up meeting or call to discuss the next steps. This can be a more effective approach than just providing a calendar link, as it shows your eagerness to keep the conversation going and work collaboratively towards a solution.

Key Takeaways for Effective Follow-Ups • Personalization Is Key: Tailor your follow-up email to reflect the specific discussions and interests of the prospective client. • Balance Professionalism and Approachability: While maintaining a professional tone, ensure your email is approachable and encourages further dialogue. • Demonstrate Value Continuously: From sharing additional resources to offering to do an educational session, consistently showcase the value you bring. An effective follow-up email can be the difference between a missed opportunity and a fruitful professional relationship. By

incorporating these elements, lawyers can significantly enhance their chances of turning a prospect into a loyal client.

Reviving Silent Conversations: Keeping the Momentum Going

• Personalized Touch: Personalize your communication based on previous interactions. If they mentioned a specific business challenge or a personal interest in your earlier discussions, bringing this up can show your attentiveness and genuine interest.

Even with a well-crafted follow-up strategy, there are times when the conversation with a potential client may go silent. This is a common challenge in the legal profession, but it doesn’t necessarily signify a loss of interest. Here’s how to tactfully reengage and keep the conversation going:

• Set a Gentle Reminder for Future Opportunities: Sometimes timing isn’t right. Acknowledge this possibility and let them know you’re available to assist whenever they’re ready. A gentle reminder that you’re just an email or call away can leave the door open for future engagement.

• Follow-Up Check-In: If you haven’t received a response after your initial follow-up, send a polite check-in email. Frame it as a courteous reminder and express your continued interest in assisting them. A simple message asking if they had time to consider your proposal or if they need any further information can reopen the lines of communication.

• Networking Events and Casual Meetups: Invite them to networking events, seminars or casual meetups. This can provide a more relaxed setting to reconnect and can sometimes be more effective than formal business meetings.

• Share New Developments or Insights: Keep the prospective client informed about any new developments, insights or updates in your field that might be relevant to them. This approach shows that you’re thinking of them and their needs, even beyond the initial pitch. • Offer Additional Value: Propose an additional value that wasn’t part of the original conversation. For instance, you could offer a brief legal analysis of a recent regulation change relevant to their business or invite them to an exclusive webinar your firm is hosting.

Reviving a silent conversation requires a balance of persistence, tact and providing value. By staying in touch and continually offering relevant insights and assistance, you can keep the relationship warm and potentially reignite their interest in working with you. n Stefanie Marrone advises law firms of all sizes, professional service firms, B2B companies, recruiters, and individuals on the full range of marketing and business development consulting services designed to enhance revenue, retain current clients, and achieve greater brand recognition. She also serves as outsourced chief marketing officer/ marketing department for small and mid-size law firms.

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Attorney Journals San Diego | Volume 244, 2024

Offline and Online Advertising— They’re a Team! by Omnizant

t’s like chocolate and peanut butter—you don’t have to pick, and they’re better together! Your offline and online ads can work better if you combine them into a mutually supportive campaign. Invest in both to enjoy the biggest returns on your investment. You don’t have to redesign your website every time you throw up a new billboard. But you do want to consider how your online presence can enrich your out-of-home (OOH) campaigns, and vice versa. Here’s how to marry online and offline advertising into a delicious and rewarding marketing strategy for your firm that will yield much better results than a one-prong approach.

Attorney Advertising Is More Than Just Billboards and Cliche Ads... If you ask someone on the street what they think of when they think of attorney advertising, they may conjure up visions of towering billboards and aggressive television spots a la Better Call Saul. In part, that’s because of the proliferation of legal ads following 1977’s ruling on restrictions on attorney advertising. But on the other hand, billboards work! And although TV ads can be expensive, they are appropriate for some law firms. Traditional billboards and TV ads can be highly effective— but firms must steer away from cliches and take a nuanced approach that combines offline and online strategies. If someone’s first impression of your firm is offline, their second impression will be online. The opposite is true, too— if someone sees a digital ad for your firm online, they might recognize some of your OOH ads, too. Conversion tracking can help you keep it all straight so you’re making good investments. However, totally ignoring your digital presence in favor of OOH campaigns is a recipe for disaster. You can’t compete in spaces where you don’t appear, and you can bet that your competitors are working hard to earn business online.

... But You Also Need to Go Beyond Digital Campaigns It’s true that your digital reputation is a key differentiator when growing your firm. However, while online campaigns undeniably deliver

Attorney Journals San Diego | Volume 244, 2024

significant impact, law firms actually exist in the tangible, real world. As online advertising is surging in popularity (for good reason), offline advertising is still very much a mainstay of attorney marketing. Offline advertising remains a cornerstone of attorney marketing strategies, even in the digital age. Offline avenues like community events, sponsorships and even strategically placed billboards contribute a personal touch that resonates with potential clients. Face-to-face interactions at local gatherings or industry conferences build trust and credibility. A thoughtful mix of both online and offline advertising helps create a comprehensive narrative for your firm. It’s not just about being seen; it’s about being present in the spaces where clients seek assurance, fostering a holistic approach that transcends the digital confines of contemporary legal advertising.

Offline Advertising Should Be Supported by Your Online Presence As with most things, our solution is nuanced and holistic. Lawyers should unite offline and online advertising, deploying campaigns in harmony to maximize their marketing power. Sounds nifty, but let’s see a few examples of how this could work in real life. 1. Create a targeted online landing page for the offline campaign. Let’s say you have a billboard off I-96 talking about car accident recovery. Ensure that your online viewers will see something on your site that resembles your billboard. In this situation, you don’t want viewers of your billboard campaign to arrive at a home page that highlights your generalized personal injury expertise and work in criminal defense. Instead, work with your web designer to develop a specific landing page for this campaign. You could consider using the same CTA and carrying over design elements from the offline ad (like slogans, colors, etc.).

We also recommend a simple vanity URL that is easy to remember. This can just be set up as a redirect to the landing page on your firm’s main domain URL. 2. Try PPC ads to accompany the offline ad. Let’s go back to our billboard example. The most memorable aspect of this billboard may be a phone number or slogan. If your offline ad uses a slogan, consider a PPC campaign using those keywords. This strategy ensures that, if folks search for your slogan online after viewing your billboard, your site shows up front and center. If your offline ad uses a vanity phone number, make sure it’s properly configured to tie inbound calls back to this specific campaign. Ask your digital marketing agency to configure tracking in Google Analytics so you can easily pull reports on visitor behavior on this page. 3. Don’t skimp on your web presence when you invest big offline. It’s true that some people will just call your number immediately after seeing your billboard. But for many others, a billboard is just one piece of the attorney selection process. Your website still plays a critical role in convincing and converting potential clients, even after viewing your billboard.

If you neglect your web presence in favor of splashing out on a big offline ad, you may be wasting your money. 4. Use social media to amplify your offline tactics. Don’t forget social media! Social channels can be a great way to serve up more timely advertising messages that can extend the reach of your billboards. Think of it this way: Leveraging social media is like turning up the volume on your offline tactics. It’s not just about visibility; it’s about creating engagement. While billboards and events set the stage, social media platforms allow your audience to tune in, share and participate in a dynamic conversation. This can transform a static OOH strategy into a vibrant, interactive campaign, ensuring your legal presence resonates not just as a visual but as a compelling and participatory experience.

Review and Next Steps Here’s the winning formula for reaching, resonating with, and converting diverse clientele: Combine both offline and online strategies. Whenever you invest in one, invest in the other to complement it. 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.

Attorney Journals San Diego | Volume 244, 2024

Four Reasons a Law Firm Should Have a CRM Integration by Chris Fritsch

ven though the law firm business model is built around forging strong relationships and lasting connections, there is probably no other industry with more disconnected data systems than legal. Too often we hear complaints from legal marketers and business developers struggling with challenges caused by juggling so many disconnected data silos, including CRM and ERM, eMarketing systems, experience databases, proposal generators, and more. And don’t even get me started on the spreadsheets.

2. Time and Billing Data

CRM Integration: When, Where and Why

External data sets, like company news, information, and industry codes, can be connected to the firm’s CRM and to companies and contacts within the database. This type of connection can be extremely beneficial as it can help generate insightful reports on data coming into the CRM, like newly added companies, alumni changes or business development activities. Still, it often requires a meticulous initial matching and tagging process and an ongoing subscription cost to prevent the data from becoming outdated.

When systems are not connected, it causes frustrating challenges such as vast sets of duplicate contacts and repetitious data entry. Attorneys and staff are often stuck wasting time on tedious manual tasks such as repeatedly entering the same data into multiple disconnected systems— time that should otherwise be spent serving client needs. These data silos keep attorneys from effectively analyzing the data to make informed, timely decisions. As firms transition to digital-first strategies, they are developing new ways to bridge the gaps between these disconnected silos through system integrations, allowing for a more enhanced flow of information. While there are many ways to integrate your data systems with your CRM, here are a few of the most beneficial integrations when it comes to legal marketing technology:

1. eMarketing Data The value of a CRM system can be exponentially increased with the integration of an eMarketing system. When integrated properly, these tools can connect critical data to your contacts and give you better insight into how they interact with your email or marketing communications. Many times, these integrations have been pre-built by system providers, offering huge cost savings for firms that implement them. Additionally, the data from an eMarketing system can help drive system adoption and provide added value, which most firms struggle to achieve.

Attorney Journals San Diego | Volume 244, 2024

Many firms have also tied their time and billing systems to their CRM. While this type of integration comes with a higher price tag, it can sync invaluable data like client information, rank and numbers for firms with common time and billing and CRM systems. Additionally, these systems can work in concert with one another to seamlessly pull a list for targeting and segmenting based on numerous criteria.

3. External Data Sets

4. Human Resources Data Integrating the firm’s HR system can also provide additional value. This connection can automate the creation of new user accounts in the CRM, simplifying the onboarding process. The HR data can also be used to feed firm directories and provide computer or mobile access to the information of the firm’s key personnel. Attorneys can also be related to clients, matters, experience or opportunity records. Focusing on an integration strategy can provide firms with a solid foundation for CRM success. However, this is only the first step. The next steps involve addressing the people and process issues, including the daunting change management challenges that are inherent in CRM. n As a CRM Success and Business Development Technology Consultant, Chris Fritsch works together with leading professional services firms across the country to help them select and implement the right Client Relationship Management and eMarketing solutions to support their marketing and business development efforts and maximize value and return on investment. Learn more at www.clientsfirstconsulting.com.

Rough Neighborhoods Create Tough Attorney by Dan Baldwin

East LA is often referred to as a rough neighborhood, but it is also an environment that helped define a lifetime goal for Oscar Valencia, who chose a career in law, primarily in criminal defense in state and federal courts. A strong family and a vibrant culture molded a young man into an advocate for those involved in the toughest of challenges any attorney or law firm can face. As the founder of Elite Criminal Defense, he has more than 20 years of experience handling the toughest hard core gang cases: strong armed robbery, kidnapping, RICO, extortion, murder, environmental crimes, white collar crimes, fraud, embezzlement. He also has considerable experience in administrative law, licensing, environmental, and general civil litigation, criminal writs and appeals. Today, Valencia is admitted to practice in all State of California Courts, the Southern District of California, the Eastern District of California, the Central District of California, the Northern District of California, Colorado District Courts, Federal 9th Circuit Court of Appeals, and the U.S. Supreme Court. The path leading to founding his own law firm had a few twists and turns. As a kid, he dreamed of a legal career, but one in law enforcement. “CHIPS was my favorite TV show. Being a cop was my dream. I loved those Dirty Harry movies,” he says. He graduated high school, but wasn’t old enough to apply to the police academy. The father of a friend, a deputy sheriff, said his best way to becoming a police officer would be to join the Marines, grow a couple of years, and gain a lot of real-word experience. He joined and became a radioman. “I enjoyed my time in the Marine Corp. I actually enjoyed the discipline. I liked the camaraderie, the travel, and I liked shooting guns,” he says.

Attorney Journals San Diego | Volume 244, 2024

A Low Grade for a Perfect Score When Valencia left the Marines, he applied for a program at that time called Explorer, in which a candidate for the sheriff’s academy is given background checks, physical exams and challenges, and mental tests. All this is prior to applying for the academy. The background check and the physical were no problem. The written test was the only challenge because he achieved a perfect score. He had studied at the library for months, literally every day, to prepare for the written tests. He also studied the old tests and test guides. “I was more than ready for any test they could throw at me,” he says. After the test, he was called in and told to report to a lieutenant who threatened to arrest him for cheating on the exam. Valencia says the officer said, “There’s no way some dumb Marine is going to get a perfect score on a test that I, a college graduate, failed to do.” Valencia knew better. “I was firm, so they hooked me up to a polygraph machine. Of course, I passed.” That experience redirected his course. “I was devastated at the accusation of cheating. I said to myself, all right, if that’s the way they want it, I’ll move on.” One evening he was watching LA Law and the thought of becoming an attorney took hold. His next step was to graduate from college and then attend law school. He enrolled at Pepperdine Law in 1997 and passed the bar in June of 2001. Moot court was one of his favorite law school activities, especially since the judge was a practicing judge out of the Malibu courthouse. Of all the cases he experienced, criminal defense was his favorite. “I think part of the attraction came from being accused of cheating back in the Marines. A lot of people get accused of crimes they

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Oscar Valencia, Partner

didn’t commit and I realized people in that situation really needed an experienced advocate, someone willing to stand up and fight for their rights. And there shouldn’t be a disparity because one guy is rich and another is poor. That thought really motivated me.” During his first year of law school, Valencia worked for a firm where he gained considerable experience in constitutional law and environmental law. The firm also represented manufacturers and the NRA. “They didn’t have me just sitting around answering the phones; I was doing real work,” he says.

Singing Solo The country was in a recession the year he graduated from law school and job opportunities for recent graduates were scarce to non-existent. He was living in LA at the time. Governments weren’t hiring and the jobs legal firms offered were primarily in civil litigation, an area of little interest. “I realized I really didn’t have any choice in the matter. Most of the lawyers doing criminal defense were solo practitioners. I had to join them and hang out my own shingle if I was going to work as an attorney.” Valencia learned something many lawyers learn the hard way their first year in solo practice. Law schools teach the law, practicing law, preparing for court and other basic tasks, but invest very little time, if any, on management of a law firm, marketing, generating and keeping clients and the nuts and bolts of running a firm. Valencia’s advice to recent law school graduates considering going out on their own immediately upon graduation is basic: Don’t. He advises working for a firm or government agency to pick up real-world knowledge and experience before going into solo practice. Experience in a firm or organization will expose the young attorney to not only how to do the job as a lawyer, regardless of whether it’s family law, personal injury, or criminal defense, or any practice area. Equally important, they can teach how to actually do the job of running a business. Someone in that position gets to see and hopefully experience the other side of the law—the business side of it, how they market, how firms bring in the clients and carry them through complex legal challenges. They learn how attorneys do what they do and why they decide to retain some clients and some clients they don’t retain, and how the money side of it works, because that knowledge is necessary if someone is going to hang out his or her shingle and avoid going broke. “In a solo practice, you’re your own paralegal, your own secretary, your own marketing guy, your own collections guy, your own pretty much everything guy. They don’t really teach you that in school, especially the marketing and how to market correctly. You can manage all of that, and more, but you have to gain the experience first,” he says.

Attorney Journals San Diego | Volume 244, 2024

The Elite Criminal Defense Team: John Delisi, Jewel Peavy, Manuel Scribner, Oscar Valencia, Ryan Filippone and Adriana Jimenez.

Helping the Man Who Wasn’t There One of Valencia’s most memorable cases was a matter of mistaken identity in an attempted murder case. His client was accused of shooting his boss four times in the chest at point blank range. The boss was having an employee meeting with about ten of his employees, all sitting around a big, round table. The event occurred at a busy restaurant in downtown LA. A man burst in and fired a pistol at the boss. The boss said the shooter was Valencia’s client. The witnesses at the table made the same identification. It looked like a classic open-and-shut case. “A case like this proves why you can’t be lazy.” Valencia inspected the restaurant, reviewed all the police reports, and interviewed all the witnesses. It turned out that nobody actually saw who shot the guy. They were too busy dodging, ducking and scrambling around to notice any pertinent details.

The victim had had a fight with the client over money earlier that day. The client, a gardener, had unsuccessfully tried to get paid for his work and that had started the earlier altercation. The boss just assumed that the shooter was the same person. All the other witnesses at the table made the same assumption based on the boss’s false identification. Valencia tried the case and earned a not guilty verdict for his client. “You never assume anything in a case and you always do your due diligence one hundred percent. Every client deserves that,” he says.

Elite Criminal Defense Valencia is known for his honesty as well as his in-depth research and diligence. “I’ll tell you if I think you’re screwed or not. If I think you’ve got a good case or a solid defense. I’ll tell you if I think that what you’re telling me is baloney, I’ll tell you

that to your face. But if I take on your case, I will always take the time to thoroughly investigate your case and make sure to leave no stone unturned. The case of the man who wasn’t there illustrates that commitment,” he says. His firm employs three attorneys, three paralegals, and two assistants. He describes his management style as laid back, but holding employees accountable. Each morning the staff meets to review cases and plot strategies. Each client receives the services of an entire team dedicated to that client’s success, even in some of the most challenging practice areas of the legal system. Valencia’s commitment to his clients and his management style consistently earn rave reviews for his entire team: “Had the best experience with a lawyer, contracted him to represent a relative. Was very professional and took the time to listen. Gave clear and detailed explanation of what was the process. Very trustworthy, a man of his word. Give my relative the greatest representation and

Attorney Journals San Diego | Volume 244, 2024

got an outcome better than expected. Very direct, honest, tell you how it is, does not sugar coat it and well worth the money he charges. Would recommend him to family, friends and anyone asking for a lawyer.” —Mike Salazar ©Bauman Photographers

“This firm is amazing, very good people, trust me when I say good people, they will not take on a case if they can’t help you; while other places would jump on it for the money, they only care about one thing and that is to help you and make this problem go away.” —Tyler Barlow

“My boyfriend was falsely accused of theft at work. After shopping around, we were so happy and relieved to have met with Mr. Valencia at Elite Criminal Defense! His professionalism and knowledge kept my boyfriend out of jail, restoring his reputation and clean criminal record! We couldn’t be more grateful for his support during this stressful and difficult time.” —Elsa Caballero “If you’re ever in legal trouble definitely call these people, they helped me out so much and I can’t be anymore grateful. Really put my mind at ease when I was stressing out about my situation. 10/10 highly recommend them to everyone!”—Arturo Davalos “When my people are given a project, I don’t accept excuses for why things weren’t done or why they weren’t done on time. I keep it friendly. I’m not the type of boss who will scream at an employee, but obviously, I’m the type of boss who if you’re not doing your job, I’m going to find someone who will. I’ve found that attitude and approach helps attract the best people.” His leadership has guided his team to a long list of victories, including: all charges being dropped for a client accused of multiple counts of child abuse once the firm intervened; a trial victory when the firm urged their client to not accept prosecution offers to settle the case; a not guilty trial verdict for a client accused of child molestation of his step daughter; a client facing 15 years in prison for multiple felonies had his charges reduced to probation, avoiding any jail time; and a client charged with burglary and 2nd degree murder was acquitted by a jury in less than a day of deliberation. The path from East LA to a successful and growing legal practice was a twisting and turning path for Oscar Valencia, yet it has been a rewarding one. “I love where I am today and where I know I’m headed. My staff and I are right where we need to be, doing the kind of work and the quality of work we should be doing—for our firm, our families and for the people we serve,” he says.

Getting Personal Valencia leads a full and interesting life out of the office. One of his fascinations is building choppers—motorcycles. A chopper is a hand-crafted (“chopped”) motorcycle which has modified steering angles and lengthened forks which provide the stretched look of the vehicle. He doesn’t modify an existing bike, preferring to build one from scratch. He starts with the frame, adds the 20

Attorney Journals San Diego | Volume 244, 2024

Oscar Valencia, Partner

transmission, installs the motor, and does all the wiring. “I really enjoy building motorcycles. I usually build one just for fun. I keep it for a while, enjoy it, and then sell it. At that point, I can begin building a new one,” he says. He also maintains his interest in guns. He doesn’t enjoy hunting, but does enjoy target practice. “Hunting is a pain in the you-know-what. But I like shooting different types of guns. It’s a neat experience, especially if you’ve never done it before. Being proficient with firearms and building something from the ground up is the same with criminal defense. You start with the basics, use tried-and-true methods, work very hard and in the end you have something you can take pride in.” n Contact Elite Criminal Defense 8880 Rio San Diego, Suite 800 San Diego, CA 92108 (619) 642-2310 www.elitecriminaldefense.com

Three Ways Lawyers Realize ROI when They Collaborate with Outside Writers by Wayne Pollock

hen lawyers collaborate with an outside writer to help them craft and publish thought-leadership marketing content, they are making a small investment for which they could realize significant ROIs. I frequently speak with lawyers and law firm marketing or business development professionals regarding their firms’ investment in their content marketing and thought-leadership marketing programs. These conversations frequently touch on those lawyers’ and law firms’ experience and interest in collaborating with an outside writer (also known as a “ghostwriter”) to help those lawyers craft and publish thought-leadership marketing content like blog posts, bylined articles, client alerts, and the like. Very often, when I have these conversations, the “B” word is mentioned. You know, “budget.” Inevitably, a lawyer or law firm marketing/business development professional will tell me that they’re not quite sure if they have the budget—whether at a firm level, a practice group level, or a personal level—to spend on collaborating with an outside writer. Instead, they will explain to me that they could just save that money by writing that content themselves or having their lawyers write it themselves. At this point, I often remind the lawyer or the marketing/ business development professional that allocating funds toward their content marketing and thought-leadership marketing efforts, including collaborating with an outside writer, like all other forms of marketing, is an investment. Those lawyers and their firms are spending money up front on a form of marketing in the hopes that by spending that money now they will bring in new client matters soon, and that new business will more than pay for the cost of the marketing efforts required to bring in those new matters. When it comes to collaborating with an outside writer, there are (at least) three ways lawyers can realize a return on their investment—one of which is guaranteed.

A lawyer who bills $400, $500, or $600 an hour but pays an outside writer $150, $200, or even $250 an hour, is going to realize a return on their investment—likely of at least 2x. By taking the reins on a piece of marketing content, an outside writer frees that lawyer up to service their clients and bill that time. Of course, if the lawyer was forced to write that piece of content themself without assistance from an outside writer, that lawyer would be unable to bill their time to a client. This first ROI is an instant, direct, and guaranteed ROI for lawyers and their law firms.

1. Write Less, Bill More

The third (and final, at least for the purposes of this article) way lawyers can realize an ROI when collaborating with an outside writer is what I refer to as the cumulative effect of content. When a lawyer collaborates with an outside writer over a long period of time, that lawyer will amass a body of work that is going to be more expansive than what that lawyer could have

The first way lawyers can realize an ROI when collaborating with an outside writer, which also happens to be a guaranteed ROI, is that lawyers free themselves up to be able to work on billable client matters. 22

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2. Content Leads to a New Matter The second way lawyers can realize an ROI when collaborating with an outside writer is when a piece of marketing content crafted by that writer directly leads to a new client matter. Perhaps that piece of content is a bylined article in an industry trade publication. Maybe it is a blog post a lawyer or their firm shared on LinkedIn or Twitter. Maybe it is a client alert. Or maybe it is a free guide or checklist. Whatever it is, it so thoroughly—and credibly—addressed a legal issue that a past, current, or prospective client is currently facing or expects to face that they felt compelled to reach out to the lawyer and eventually engage them. Given the fact that it is unlikely, without the assistance of the outside writer, that that particular piece of marketing content would have been written and published when it was (after all, that’s why the writer was hired), there is a direct connection between what a lawyer or law firm paid the writer and the fees the lawyer and law firm could expect from this new client matter. In this instance, it is almost a certainty that the lawyer’s or law firm’s investment in a piece of marketing content crafted by an outside writer will be dwarfed by the fees from the client matter that piece generated.

3. The Cumulative Effect of Content

created on their own based on the competing demands on their time they face each day. That body of work as a whole is a signal to past, current, and future clients and referral sources that the lawyer has deep knowledge and mastery of the legal issues that arise within their practice area(s). After all, the lawyer wouldn’t have so much to say about those issues (in the form of thought-leadership marketing content) if they didn’t. That body of work creates a perception of thought leadership and mastery. That perception could very well compel clients and referral sources to contact the lawyer about assisting them with their legal issues. In these instances, that body of work led directly to new client matters. But that body of work, composed of blog posts, client alerts, bylined articles, and ebooks (along with perhaps videos, podcast episodes the lawyer has appeared on, and other indicia of their deep legal knowledge), also signals to other key audiences that the lawyer is someone they should be talking to about their area of expertise. Those key audiences might have platforms that lead to new client matters. Perhaps a representative from a trade organization comes across a lawyer’s body of work and thinks the lawyer would make an excellent speaker at an upcoming seminar. And that speaking engagement then leads to a new client matter. Perhaps a reporter from an industry trade publication or national business publication comes across the lawyer’s body of work and decides to interview that lawyer and include quotes from the lawyer in an article they are working on. That published article then leads to a new client matter. In these examples, a particular piece of content did not directly lead to new client matters. But the cumulative effect of that content, the perceptions created by that content, opened up doors for a lawyer that eventually led to new client matters.

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Content marketing and thought-leadership marketing, like all forms of marketing, are investments. They are not sunk costs. It is possible, if not probable, that you will realize a return on your investment in a content marketing or thought-leadership marketing program when you collaborate with an outside writer. I’ve identified three ways you might realize such a return. Remember, when you are contemplating investing in your content marketing and thought-leadership marketing programs, particularly when collaborating with an outside writer, you’re making an investment in the future of your legal practice and your law firm. 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.

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Attorney Journals San Diego | Volume 244, 2024 7/12/13 23 5:04 PM

Is Your Location Near Your Competition? by Kirk Stange

eciding where to place a law firm is an important decision. From the size of the space to the cost of the rent, a law firm must make many important decisions. Law firms also have to consider the aesthetics of the office. Depending on the types of clients a law firm is trying to acquire, a law firm has to consider the appearance of the space. For example, higher-end office space may be necessary if the law firm is trying to attract high-net-worth clients. However, it may be unnecessary if a law firm is trying to obtain business from clients who may not be high-net-worth individuals in a volume-based area of the law, like traffic, bankruptcy, etc.

Is Your Office Near Your Competition? One consideration many law firms fail to consider is where their competition is located. For example, many law firms may seek office space in the same building as their competition. If not in the same building, many lawyers might be just a block or a few short blocks from other law firms in the same area of law. Law firms can engage in this strategy because lawyers often congregate in the same part of town. Usually, it might be next to a courthouse or in the business district. Lawyers can often socialize with other lawyers off the clock at bar associations or social events. Being near other lawyers can benefit many law firms in these ways. But it might be wise for many lawyers to consider a different strategy. When looking at office space, it might be wise to pick a building where no other law firm practicing in the same area of law is in that building. To take that concept further, it might make sense not to be within blocks of other law firms in the same area of law. Thus, instead of staying in the crowd, many law firms might consider spreading out and creating some geographic space between where they are and their competition.

Why Would a Law Firm Want to Be Away from Their Competition? There are numerous reasons for situating your law firm away from the competition. However, one obvious reason is that a

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potential client can shop between several attorneys within the same office building or a few short blocks, making it harder to get new business. In other words, a potential client could engage in multiple initial consultations on the same day if they see numerous lawyers within the same building. When lawyers are in the same building in the same area of the law, it becomes a lot like a shopping mall of lawyers. The potential clients can literally window-shop at various law firms–much like a person who window-shops at multiple clothing stores in the mall. As many mall store owners can attest, many walk in and out of their stores without buying anything. On the other hand, if a law firm is spread out from their competition and outside of the crowd, the window-shopping concern becomes less significant. Potential clients coming to the law firm must be very interested in that particular law firm. Otherwise, they would not have made the trip to the law office. A law firm also does not have to be as price-conscious when they are not in the same building as their competition. For example, a law firm in the same building as its competition probably has to ensure its rates are comparable to others in that building. Otherwise, it can make it hard to compete with them. Further, it is also harder to lose staff and personnel to their competition when the law firm is not in the same building as their competition. When a law firm is in the same building, it is almost effortless for a competitor to use recruiting techniques to siphon away your key employees. Yes, a law firm cannot be so far off the grid that potential clients do not want to go to their location. But at the same time, being in the same building as many competitors may be something a law firm should avoid when selecting office space. 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.

5 Key Considerations Regarding the Use of 3D Animation for Litigation by Brian Schutzman In recent years, 3D animation has emerged as a powerful tool for teaching and transforming complex information into a digestible and compelling visual. Animation brings a case to life and can have a greater impact on juries, judges, and tribunals than still images by comparison. Based on years of experience in the courtroom, we have developed five tips and considerations to optimize the use of this invaluable litigation tool.

an effective, observable message. Complex pieces often take weeks to complete, and waiting until the eve of trial can limit (or eliminate) the designer’s ability to create a compelling animation. You could also incur rush fees and increase the cost of your overall case strategy.

1. Start Your Animation Early Waiting until the last minute to begin animation development in order to reduce trial costs is a common yet misguided approach. This strategy can actually decrease the impact an animation would have on overall case value. Here are three reasons to start your animation early: CASE THEORY: Animations are often perceived as a component of trial alone. While animations may play a significant part in the trial strategy, they have a more critical role earlier in the case lifecycle—including the development of case theory. Although animation is often sought to reinforce case theory, it can also refute it. The objective environment afforded by 3D animation can provide a unique view of key issues not originally seen from a review of documents, reports, or films. These details, both positive and negative, allow a case team to choose the most favorable—and therefore most valuable—case theory. SETTLEMENT OPPORTUNITY: Beginning the animation process early can also benefit settlement talks. It is no secret that both plaintiff and defense counsel would rather avoid the cost and uncertainty of trial. Revealing an animation can be a powerful method to increase the value of a case in the settlement phase. Plaintiff settlement packages with animation may increase the frequency of settlements as well as the value, by demonstrating a commitment to the case. Any costs incurred in creating an animation during this phase can usually be added to the settlement agreement. For example, we created an animation for a plaintiff attorney in a product liability case involving a small construction vehicle. It demonstrated two things during settlement talks: the mechanism of injury and an alternative design that would prevent injuries. This animation was presented to opposing counsel and insurance representatives, leading to a healthy settlement and significant cost savings related to expert reports, depositions, travel, and trial overhead. CREATIVE PROCESS: One final reason to start early is that effective animations simply take time to develop. Animators are talented artists who are tasked with distilling a lot of information into

Still frames from an animation used in a product liability case.

2. Stay Involved in Animation Development Building a case requires the input and attention of key stakeholders. It is important to know that building an animation requires the same level of attention from the same group of people. Stakeholders should stay involved for the entire development process, so it proceeds accurately and optimally. Sometimes, lead attorneys may allow experts to drive the process. While this is not necessarily a bad practice, experts may lose focus of the audience (a jury, judge, or insurance adjuster), leading to the creation of overly complex animations that are difficult to comprehend. Therefore, although experts should be involved*, it is the key stakeholders’ responsibility to ensure the final product is best suited to the intended viewers. Overseeing this process can be as simple as joining conference calls and reviewing animation drafts. For example, in a case involving a highly complex chemical process, the team included a well-respected chemical engineer tasked with directing the animation’s creation. It quickly became

*While it is not best practice to give your expert complete reign over animation development, their involvement is crucial to success. Animations can only be admitted into evidence if validated by an expert or witness. A graphic designer or animator can only testify to the creation of the animation, not to the content. 26

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obvious the expert wanted the animation to contain a level of detail too confusing for the audience to easily digest. Fortunately, the lead attorney was involved from the start and requested to make the animation simpler. Our designer worked with the entire case team to develop a solution that demonstrated the chemical process in a clearer fashion, using cartoon lines and shading as shown below.

RENDERING: After all the hands-on work is done, the animator renders the animation. This is a process in which the computer(s) will draw each frame of the animation. While not a labor-intensive process, this stage requires significant computing power. Most animations run at 30 frames per second, meaning a three-minute animation contains 5,400 frames—each drawn by the computer. In the early stages of computer animation, companies would charge for rendering. Realizing that rendering times can vary depending on the power of the computer, most reputable companies today no longer charge for it.

Still frames from an animation used to simplify a complex chemical process.

3. Understand the 3D Animation Process Rome was not built in a day, and the same adage applies to a good animation. We have already addressed the importance of starting early and how it affects overall quality. Understanding the full animation process helps attorneys appreciate and plan the project’s timeline. There are generally five steps involved with animation production: INFORMATION GATHERING: This is obviously a crucial step and the foundation of the animation project. The key stakeholders present the initial case theory to the design team and then collectively develop ideas. The animator will review all information and determine the best way to convey the case theory. DESIGN: This is where the ideas come together. The animator consolidates all details from the information-gathering phase into a visual presentation for the case team (often a storyboard). It is important for the key stakeholders to carefully review these design concepts and make changes as necessary. Revisions at this stage are virtually cost-free. MODELING: In this stage, the animator begins work on what will become the final deliverable. The most tedious and timeconsuming phase is when the animator creates the product or scene to be used in the animation. Models can be created by eye or by using technical drawings and are then given color, texture, sheen, etc. Depending on the complexity of the scene, the modeling stage could take weeks to complete. ANIMATION: This is the stage in which the previously created models begin to “come to life” through movement. Most experienced animators will agree this is the most important stage. The interaction between the models is what will ultimately create a compelling demonstrative.

Still frames of a model in its initial stage or wireframe (top), flat shaded (middle) and fully rendered (bottom). Once the animation process is complete, drafts are created and sent to the case team. It is very important at this point for stakeholders to review and request revisions promptly. Small revisions may be turned around within days, while major changes could require the process to restart and take weeks to complete.

4. Get the Animation Admitted If you have gone through the settlement process without a resolution and are headed to trial, it is important to understand that animations must be validated by expert or witness testimony to be admitted into evidence. This validation process begins during animation development. With experts or witnesses involved in the info-gathering stage and draft review, the animator can move forward with confidence. Failing to gain input from experts or witnesses during the early stages of development could cause significant and costly revisions on the eve of trial. The worst-case scenario would be having the animation thrown out due to lack of authentication. Animations can fall under two categories: demonstrative and simulation. Most trial animations fall under the former category, as they are used to explain something and educate the audience. Attorney Journals San Diego | Volume 244, 2024

Demonstrative animations have an easier path to admissibility and cost much less to create. Animations created as simulations often contain complex data or real-world interactions between objects. Due to their reliance on objective data, simulation animations are more objectionable and viewed with more scrutiny. Courts often require both the expert and the animator to testify on the process and data used, also allowing an opportunity for cross-examination.

These two types of animation can vary greatly in terms of time and cost. A photo-realistic animation containing real-life textures, shadows, highlights, etc. requires more expertise and time to create than a flat-shaded animation, yet both can accomplish their respective goals. It is important to talk with the designer about the goal of the animation at the start of development.

Still frame of an animation used for demonstrative evidence.

5. Control the Cost of 3D Animation This is a critical question for most attorneys, and it is also the hardest to answer. We know from extensive experience that creating an animation has many moving parts. The time spent on each stage of development can vary greatly from project to project, just as creating a frame for a CGI-animated feature film takes more human and computing hours than a frame of a contemporary animated sitcom. The following guidelines will help keep the cost of your animation in check, regardless of the subject. KNOW THE CASE: It sounds simple and obvious, but fully understanding the case as it relates to your strategy is the foundation of the animation. Relaying incorrect information to the designer at this stage can cause costly revisions later in the production process. PROVIDE SUFFICIENT DETAILS: Experienced animators would rather have too much information about your case than not enough. Remember, animators have different roles on the team. They create a visualization of the subject matter and, therefore, need to view all the information to ensure accuracy. Attorneys are often reluctant to send a large collection of photos of a scene or product, thinking they will not be of any value to the animator. This could not be more false. To save time and expense in the long run, it is beneficial for animators to see all existing views and details related to what they have been tasked with communicating visually. CHOOSE FORM OR FUNCTION: The goal of any litigation animation is to inform and convince your audience. The method used to accomplish this can vary. A plaintiff’s attorney representing a client injured in a car accident, intending to engage the jury with a flood of details from the incident, may create a photo-realistic reenactment of the crash scene. On the other hand, a patent defense attorney looking to clearly break down intricate protocols may wish to create a simple, flat-shaded animation. 28

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Still frame of a fully shaded animation (top) and a flat-shaded animation (bottom). AVOID THE LAST MINUTE: Waiting until two weeks before trial to start an animation can be a costly mistake. Most graphics firms are constantly juggling production schedules to meet client needs. Jumping in and expecting immediate work comes at a high price. Freelancers may be needed along with overtime and weekend work. All of these added costs can double or triple the price of an animation.

In Summary Initiating a 3D animation development process early in your strategy is pivotal in positioning your case for success. It allows animation to contribute to the formation of a robust case theory, enhances settlement opportunities, and provides ample time for the creative process to unfold. Furthermore, actively participating, understanding the process, and admitting the animation with expert input will make the journey more cost-effective. By adhering to these principles, you will not only control the cost of your 3D animation but also increase its value as a powerful tool, ultimately strengthening and optimizing the final decision in court. n As Senior 3D Animation Consultant at IMS Consulting & Expert Services, Brian Schutzman works closely with our law firm and corporate clients to develop the most compelling and informative case possible using an array of digital media. Brian uses innovative approaches to help attorneys visually convey their client’s story to the decision makers. Learn more at: www.expertservices.com.

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