Attorney Journal, San Diego, Volume 161

SAN DIEGO

Volume 161, 2017 $6.95

5 Ways to Improve Your Law Firm’s Culture

Mary Redzic

7 Steps to Productive Meetings

Paul Burton

What’s Hot and What’s Not In the Legal Profession

Bob Denney

Making Clients’ Lives Easier

Sally J. Schmidt 5 Tips for Starting Your Own Lawn Firm

Attorney of the Month

Jeff Kerr

Ronson J. Shamoun

RJS LAW – A Tax Law Firm Innovation, Inspiration & Collaboration:

The University of San Diego School of Law – RJS LAW Tax Controversy Institute

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2017 EDITION—NO.161

TABLE OF CONTENTS 6 Five Tips for Starting Your Own Law Firm

by Jeff Kerr

8 Seven Steps to Productive Meetings

by Paul Burton

10 Making Clients’ Lives Easier

by Sally J. Schmidt

EXECUTIVE PUBLISHER Brian Topor

12 COMMUNITYnews

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EDITOR Wendy Price CREATIVE SERVICES Skidmutro Creative Partners CIRCULATION Angela Watson

PHOTOGRAPHY Chris Griffiths

16 Ronson J. Shamoun RJS LAW – A Tax Law Firm Innovation, Inspiration & Collaboration: The University of San Diego School of Law – RJS LAW Tax Controversy Institute

STAFF WRITERS Jennifer Hadley Patricia Klier Karen Gorden CONTRIBUTING EDITORIALISTS Jeff Kerr Paul Burton Sally J. Schmidt Mary Redzic Bob Denney

by Jennifer Hadley

24 Five Ways to Improve Your Law Firm’s Culture

WEBMASTER Mariusz Opalka

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ATTORNEY OF THE MONTH

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by Mary Redzic

26 What’s Hot and What’s Not in the Legal Profession

by Bob Denney

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Tips for McIntyre’s Civil Alert Starting Your Own Law Firm Organized Succinct Summaries

by Monty A. McIntyre, Esq.

by Jeff Kerr

W

hen I graduated from law school in 2010, legal jobs were hard to find. After a brief stint as a staff attorney, I wasn’t optimistic about finding a job that would fulfill the dreams that led me to law school in the first place.

So, I started my own law firm with a law school friend, called Mays & Kerr, LLC. Neither of us had experience as lawyers or business professionals, but we were entrepreneurs at heart and passionate about the legal profession. Despite our inexperience—and some early mistakes—our practice took off and the firm has been very successful.

Based on building my own practice and helping several friends and colleagues also start their own, here are five things I learned about starting your own successful small practice and keeping the big picture in mind.

1 2

KEEP IT LEAN

3 4

The best thing about starting a law business is how costeffective it can be. Lawyers don’t need to buy any specialized equipment or tools. Give us a computer, a phone and a suit, and we can start making money representing clients. If you can forgo renting office space, buying an upscale desk and other “nice-to-haves,” then you’ll take more money home.

Staying lean also helps immensely when you start to invest more in your practice. For every dollar spent, you’ll ask: “How does this expenditure increase my ability to generate revenue?”

Getting to the next level often requires a willingness to increase operating costs, but you’ll invest wisely because you’ll know you can function without frills.

SPECIALIZE

When first starting my practice, I thought it would be fun to be a general practitioner. I quickly realized it wasn’t—it was my personal hell. Like most people, I enjoy being competent and knowledgeable in my work. But when I was taking family law, personal injury, employment, probate and civil rights cases, I never felt fully knowledgeable. I didn’t know answers to most of the questions that came up. And, while I could find the answers eventually, this was no way to practice.

Soon I made a 180-degree pivot to specializing with a laser 6

Attorney Journal San Diego | Volume 161, 2017

focus on a single species of employment law: claims arising under the Fair Labor Standards Act. Despite my lack of a preexisting interest in wage and hour law, it seemed interesting enough. So I learned everything I could about it. After six months, I knew more about this tiny neighborhood of the law than many of the more seasoned lawyers I litigated against— not because I was smarter than them, but because I only did FLSA cases, whereas they handled many varieties of cases.

Also, I found I had more clients than when I was trying to be a general practitioner. Nailing a niche turned out to be the key to enjoying my job and making a living doing it.

BE SMART ABOUT LEAVING YOUR CURRENT JOB Most lawyers start their first firm after leaving another law practice. It’s extremely important to wrap up with your past firm and transition clients in a way that won’t create legal or ethical problems. Refer to the ABA’s Model Rules of Professional Conduct and guidelines from your state bar for information about ethics requirements. Regarding legal duties, note that you may have fiduciary duties to your current employer. It’s never a bad idea to consult with a business lawyer at this stage.

“The Lawyer’s Career Change Handbook” author Hindi Greenberg provides great advice on how to make a smooth transition in her post “How to Successfully Leave a Law Job.” She stresses that remaining on good terms with your former employer should be a priority: “You never know when you may need to work with your former employer again in some capacity, ask for a reference or have some contact in an unrelated business situation.”

PREPARE FOR A RAMP-UP PERIOD While starting your own law firm can be inexpensive, that doesn’t mean you can jump in without financial backup.

Building a base of clients and cases takes time.

Make sure you have enough in savings to cover your living expenses while revenues are growing. Think about your personal living costs. Look at your budget (and bank account) to see where you are spending money each month. What unnecessary extras can you live without, at least temporarily? What necessities

can’t be ignored? Think about mortgage, utilities, health insurance, meals. Estimate how much you need in savings to cover expenses for five to six months (assuming you don’t have a penny of profit come in during your ramp-up period).

Be sure to add in a buffer for those unexpected situations that always arise at the worst possible moment.

5

DON’T SKIMP ON ESSENTIAL TOOLS As with any other business, you will need to spend money to make money. Carefully consider how to spend your seed money, but don’t skimp on the essentials your firm needs to operate. We all know time is money. So keep in mind that cutting corners often turns out to be more time-consuming and more costly in the end. For instance, you may save money up-front by using a cheap scanner and PDF editor, but these will cost you time that could be spent more efficiently. n Jeff Kerr is a former litigator and CEO and co-founder of CaseFleet. CaseFleet is a case management software that empowers litigators to win more, with tools for crafting timelines, legal calendaring, billing and more. Jeff writes about law firm start-ups and other law practice topics on the CaseFleet blog. follow him on LinkedIn and Twitter @ Casefleet. Previously published in Attorney at Work.

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Attorney Journal San Diego | Volume 161, 2017

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Seven Steps to Productive Meetings M

eetings are the most expensive periods of time we spend together. Try, for example, adding up the loaded employee cost of a simple weekly status meeting. Your answer will make it immediately clear why meetings need to be highly productive to justify the expense.

EFFECTIVE MEETING ELEMENTS Let’s focus on the components of a meeting, and how you can use a new structure to produce more efficient meetings that get the job done. These seven simple steps make every meeting more productive:

1. Set an Agenda How can meetings occur without an agenda? It’s like scheduling a business trip without an itinerary! Agendas are simple to construct and distribute. The road map they provide not only prepares attendees for what will be covered, but agendas are a terrific way to keep the meeting on track. The more specific, the better the road map, and the more likely you are to accomplish the stated objectives.

2. Make Sure There is a Hard Start and Hard Stop Meetings need a physical structure, which means predetermined start and end times. The old saying that “work 8

Attorney Journal San Diego | Volume 161, 2017

by Paul Burton

fills the time allotted” is completely true. Always state the start and end times at the beginning of a meeting. This serves as a reminder and sets the parameters for everyone involved.

3. Prepare Necessary Materials—Only A lot of work can go into preparing for a meeting, so prepare (or instruct others to prepare) only what is truly necessary to communicate effectively during the meeting. One thing that should be eliminated from virtually every team meeting is PowerPoint slides! Read that sentence again because it’s important. Most people use PowerPoint to put their speaking points on the screen. BORING! We can read speaking points, so why are we here in a meeting? Moreover, creating a list is much easier to do in an email or Microsoft Word than in PowerPoint—and there’s no setup time required to fiddle with the projector and such.

4. Distribute Materials in Advance Send out materials well before the meeting—preferably, the day before—with a request people review them and come prepared to discuss the items listed. You don’t want to waste everyone’s time by reading your summaries to them! You want to leverage that time for input.

5. Moderate the Discussion

7. Identify Follow-Up Expectations

If this is your meeting, it’s your job to “run” or moderate it.

That means staying quiet most of the time and acting as a guide to keep everyone on course (topic-wise) and moving forward (productivity-wise) within the time allotted. Think of it as a referee or facilitator role. You want to marshal these valuable resources (people and their ideas) toward an effective end. If you, as the leader, participate too much, you’ll run the risk of commandeering the meeting, which is not an effective use of team members’ time.

The final point of any effective meeting is identifying and stating the next point of follow-up, if there is one. Place parameters around the work so people have relatively shortterm goals for producing a result. Make the follow-up period reasonable within the context of the work to be performed, but make it date-certain.

6. Confirm Decisions and Action Items It’s the moderator’s responsibility to confirm, out loud with everyone in attendance, the decisions made, the action items determined (if any), and the people assigned to those action items. This can be reduced to a follow-up email and placed on a future agenda for updates. This is a huge point of failure for many meetings—the failure to articulate decisions, action items and attendant responsibilities. Ironically, it is generally the stated reason for meetings! Fix this hole by stating things clearly before everyone disperses.

THE PATH TO MEETING PRODUCTIVITY Group leaders and managers are charged with using their own time effectively, as well as leveraging their team’s time. Meetings are a perfect opportunity to do both! Make a checklist in Microsoft Word or Evernote so you have this meeting checklist available whenever a meeting is approaching. n Paul Burton is a recovering corporate finance attorney who helps people regain command of their day. As a nationally recognized time management expert, Paul regularly speaks to audiences about getting more done and enjoying greater personal and professional satisfaction. He is the author of five books on productivity. Learn more at quietspacing.com and follow him @ QuietSpacing. Previously published in Attorney at Work.

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Attorney Journal San Diego | Volume 161, 2017

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Making Clients’ Lives Easier

by Sally J. Schmidt

L

awyers have a lot of questions about how to develop new business. Once they start working with a client, however, the question often becomes, “How can I expand the business?”

The simple fact is that clients want to work with lawyers who “get” them—lawyers who understand how, as a client, I like things done, who take the time to learn my business and my situation, and who respect my guidelines and deadlines.

If you can work in a way that makes a client’s life easier, you will get more work. Period. So how do you do that?

Be Responsive and Accessible • Meet in their offices and on their schedule, instead of yours.

• Sync with their technology.

• Acknowledge emails immediately, even if jut to say, “I’ll get back to you later.”

• Return phone calls in the same half-day.

• Update your outgoing voicemail message daily so you manage clients’ expectations about your availability.

• Similarly, use your email out-of-office message when you’ll be gone for a good chunk of time.

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Attorney Journal San Diego | Volume 161, 2017

• Discuss service protocols with your staff—should they transfer calls to your cellphone when you’re out of the office, for example?

• Make sure everyone on the team knows what everyone else is doing so questions about projects can be answered in your absence.

• Prepare a list of the team members or an organization chart so it’s easy for clients to contact your people.

• Contact clients whenever there are changes, like budget overruns or developments in a matter. Everyone hates surprises.

Take Time to Understand Clients • Understand the business context for the legal decisions that will be made.

• Ask how, and how often, clients would like status reports from you and be diligent about using them.

• Clarify the kind of work product they are seeking. Is it a 20-page document with legal citations or a two-page summary memo?

• Determine their deadlines and meet them. If you miss a deadline, the client misses a deadline, too.

• Ask about the timing and level of detail they want in their invoices. A business owner may prefer to see “for services rendered” rather than a detailed description of his discussion with you about selling his business, particularly if the invoice goes to his accounts payable department.

• Follow clients’ instructions and guidelines. Be sure everyone on the team complies, too, to avoid billing non-approved items, using language that sets off red flags or billing to the wrong projects.

• Find out about their internal schedules, such as regular inhouse counsel staff meetings or board meetings, where they may have to provide updates on legal matters—then proactively provide information.

• Determine how clients prefer to receive information. For example, some people love Excel and others hate it.

• Use their jargon and terminology. If they call their staff members “team members,” so should you.

• Figure out how they like to be contacted: phone, email, text?

• Find out clients’ work schedules. Do they work 24/7 or disconnect when they leave the office?

• Ask what role they want to play in the matter, and how they want their own staff involved.

Continuously Improve Relationships • Conduct postmortem conversations to learn if you met clients’ expectations and what you can do better in the future.

• Provide information on key trends and developments that might affect them or their businesses.

• Look for ways to save them time and money. Put together templates, checklists or protocols that will make things go more efficiently or more smoothly on both ends.

• Prepare a client-specific annual report that outlines what the firm has done for the client each year, both on and off the clock.

• Conduct an annual relationship meeting to discuss ways to improve the relationship.

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While lawyers often focus on the subject-matter expertise they are providing to clients, clients often focus on the way that expertise is being delivered. If you can determine ways to make it easier to work with you, you will create loyal and lasting clients. n Sally J. Schmidt is President of Schmidt Marketing, Inc., which offers marketing services to law firms. Sally was a founder and the first President of the Legal Marketing Association. She is a Fellow of the College of Law Practice Management and was one of the first inductees into the LMA’s Hall of Fame. She is the author of “Marketing the Law Firm: Business Development Techniques” and “Business Development for Lawyers: Strategies for Getting and Keeping Clients.” Sally writes Attorney at Work’s “Play to Win” column. Follow her on Twitter @SallySchmidt. Previously published in Attorney at Work.

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COMMUNITY news n Sullivan Hill Lewin Rez & Engel is pleased to announce Robert Allenby, Candace Carroll, Jonathan Dabbieri, Jim Drummond, Tim Earl, John Engel, Jim Hill, Jeff Lewin, Joe Marshall, Don Rez, and Gary Rudolph have been recognized

by Martindale-Hubbell as 2017 AV® Preeminent™ Peer Review Rated attorneys.

Martindale-Hubbell® is recognized as the ROBERT ALLENBY preeminent objective attorney rating service.

For more than 140 years, lawyers have relied on the Martindale-Hubbell Law Directory for authoritative information on the worldwide legal profession. The Martindale-Hubbell Peer Review Ratings are an objective indicator of a lawyer’s high ethical standards and professional ability, generated from evaluations of lawyers by other members of the bar and the judiciary CANDACE CARROLL in the United States and Canada. It is achieved only after an attorney has been reviewed and recommended by their peers—members of the bar and the judiciary. n Dawn Saunders, a real estate attorney and partner at Crosbie Gliner Schiffman Southard & Swanson LLP (CGS3), has been elected to the board of NAIOP San Diego, the local chapter of the commercial real estate development association.

In her role as a NAIOP San Diego board member, she will join 2016 President Nelson Ackerly and other directors in promoting DAWN SAUNDERS the association and the commercial real estate industry through NAIOP’s multitude of educational and networking activities as well as legislative affairs strategies.

Saunders, who joined CGS3 earlier this year, has spent more than 20 years concentrating on commercial leasing primarily within the technology, biotechnology/life sciences and laboratory and manufacturing industries. Her experience includes both landlord and tenant representation throughout all asset classes, including complex, build-to-suit development projects.

Saunders is also a member of the board of Athena, a professional organization dedicated to the advancement of women in STEM industries throughout San Diego, and has published several articles on real estate law. She has been recognized for three consecutive years in San Diego Super Lawyers and was honored by the San Diego Business Journal as one of its “Women Who Mean Business.”

n Downtown law firm Klinedinst PC has officially welcomed four new attorneys to its firm. Austin Henderson joins the firm with experience representing clients in the areas of products liability, government entity liability, employment litigation, personal AUSTIN HENDERSON injury, and construction defect.

Mr. Henderson earned his Juris Doctor degree from the University of San Diego School of Law. As E-Discovery Strategy Counsel, Robert A. Rosing assists with electronic discovery efforts, including document review and assessment, ROBERT A. ROSING document production processes and compliance with e-discovery rules. Mr. Rosing earned his Juris Doctor from Tulane University School of Law. He also earned a Masters of Business Administration from Arizona State University School of Business, with an emphasis in real estate.

Kathy B. Chen has joined KATHY B. CHEN the Klinedinst San Diego office as senior counsel and a member of the Professional Liability Department. A graduate of Yale Law School, Ms. Chen earned her Bachelor of Arts in Near Eastern Studies from the University of Chicago.

Douglas W. Lytle has joined the Klinedinst San Diego DOUGLAS W. LYTLE office as Senior Counsel. As an experienced litigator and accomplished trial attorney, Mr. Lytle brings his significant legal experience to the firm’s professional liability team. He earned his undergraduate degree from the University of California San Diego, and his Juris Doctor from Willamette University College of Law in Oregon.

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Attorney Journal San Diego | Volume 161, 2017

COMMUNITY news n Higgs Fletcher & Mack has announced that its partner and business litigation attorney, Mary Robberson, was elected to the Board of Directors for ALFA. Founded in 1980, ALFA International was the first global legal network and continues to be considered the premier network of MARY ROBBERSON its kind. The organization is made up of member law firms worldwide, which serve as a referral network for each other. ALFA boasts over 150 member firms throughout the world.

Within the U.S., there are 80 U.S. firms as members which maintain offices in 95 of the 100 largest metropolitan areas. Abroad, ALFA’s 70 international firms are located throughout Europe, Asia, Australia/New Zealand, Africa, Canada, Mexico and South America.

“I’ve been involved in ALFA for five years and was attracted to the organization because of the people and incredible opportunity to market to potential clients all over the world,” said Robberson. “I’m thrilled to accept this new role and collaborate with other board members to maximize ALFA’s opportunities.”

n The American Bar Association (ABA) Tort Trial and Insurance Practice Section (TIPS) has honored San Diego trial attorney, educator and longtime TIPS speaker Ken Turek with its prestigious Pursuit of Justice Award. The award recognizes lawyers and judges across the nation who demonstrate outstanding merit KEN TUREK and provide access to justice for all.

Since 2001, the award has distinguished the finest local lawyers and judges nationwide, from Washington D.C. to San Francisco, with each recipient selected by a group of peers—members of the TIPS Plaintiffs Policy Task Force and approved by the TIPS Council.

With more than three decades of practice under his belt, Turek has achieved numerous multi-million-dollar trial results, including: a $15 million result in a child sex abuse case, $11.3 million settlement in a construction defect case, $5 million jury verdict in an insurance broker negligence case and $10.6 million settlement in an eminent domain case.

n K. Elizabeth Dunn and Kevin DeSantis, formerly of Butz Dunn & DeSantis, APC, along with Christopher Walt of Walt & Associates and John Kendrick, Jr., formerly of Irvine-based Kendrick, Jackson & Kearl, PLC, have formed the new firm of Dunn DeSantis Walt & Kendrick, LLP. K. ELIZABETH DUNN They are joined by partners James McFaul and David Cardone, both of whom were shareholders of the former Butz Dunn & DeSantis firm. With offices in San Diego, La Jolla and Irvine, the firm provides advisement, transaction and litigation services to its clients in California and across the U.S. “In responding to the needs of our clients, we have developed a KEVIN DESANTIS multi-faceted business model that allows us to effectively serve as our clients’ outsourced general counsel,” explained Kevin DeSantis, the firm’s managing partner. “We will continue to become strategic partners with our clients and work collaboratively towards their success.”

Attorneys Gregory Walt, Tracy Forbath, Allison Carcelli, Constantine Buzunis, and Jill Kirby expand Dunn DeSantis Walt & Kendrick’s capacity to bring comprehensive representation to its clients.

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INNOVATION, INSPIRATION & COLLABORATION RJS LAW Partners with USD to Form the USD School of Law-RJS LAW Tax Controversy Institute to Educate and Empower Tax Professionals While Strengthening Tax Communities Throughout Southern California

by Jennifer Hadley

W

hen Ronson, “Ronnie” Shamoun launched RJS LAW in 2003, he had two primary objectives. He was first determined to make a difference in the lives of individuals desperate to solve their tax problems. But he was equally driven to making a lasting, positive difference in his hometown community.

Specializing in all areas of civil tax controversy as well as criminal tax defense, Shamoun says, “Our mission at RJS LAW has always been to act as steadfast advocates on behalf of our clients, treating them with compassion while solving their tax problems and achieving the best possible results.” To that end, Shamoun knew that the key to being able to change lives would consist of building a team of the most highly educated tax attorneys in the Southland.

KNOWLEDGE IS POWER A native San Diegan, Shamoun attended the University of San Diego for his undergraduate degree in Accountancy, before attending the University of San Diego School of Law for his J.D., and staying on to earn his Master of Laws in Taxation (LL.M.).

“My dad encouraged me to get my LL.M. because it showed my commitment to expertise in my field, and I agreed. I didn’t want to be just a tax attorney, I wanted to be a tax expert,” Shamoun recalls. “It turned out to be an invaluable investment, and I can honestly say, that the University of San Diego provided me a top-notch education and made me the attorney I am today.”

As it turned out, that education was not only exceptional, but necessary in order to be able to give his all to those that are facing uphill battles against the power wielded by local, state and federal agencies. “The government agencies are aggressive. They 16

Attorney Journal San Diego | Volume 161, 2017

will levy money you have in your accounts, levy your accounts receivable, and can seize assets,” Shamoun says.

“The people who come to us are in trouble, but they aren’t hardened criminals. They have experienced some event— divorce, a lawsuit, or a loss of income which caused them to get behind with their taxes. They pay their rent, utilities, and employee wages, but have fallen behind on sales taxes or payroll taxes, for example,” he explains. Irrespective of their unique circumstances, they desperately need solutions.

That’s precisely where the team of highly specialized tax attorneys at RJS LAW comes in. “We solve tax problems with both the state and the IRS, including civil and criminal cases. We are here to protect our clients. We get them compliant and help them save their businesses. It’s incredibly rewarding to prevent someone from losing their business and help them rebuild their lives,” he says.

Beginning his career as a solo practitioner, Shamoun, who was already an established entrepreneur, had his finger on the pulse of his local community from day one. “I worked evenings and weekends at my convenience store and Subway in Ocean Beach, trying to spread the word about my new law firm to my friends and neighbors who came in. I built relationships with them and little by little, they began coming to me with their tax problems.

They knew they could trust me because they’d see me the next day when they came in to get their coffee or sandwich,” he says.

The more members of his local community he was able to help, the more referrals began to pour in, and Shamoun began adding like-minded attorneys—all of whom also had an LL.M. or were in the process of pursuing the advanced degree. RJS LAW grew as a result of the extensive knowledge of its individual

ATTORNEY

OF THE MONTH

© Bauman Photographers

2017 2016

other accolades, Shamoun remained ever true to his desire to not only provide the best tax advocacy in Southern California, but to also do everything within his power to better the community which supported him. In 2017, he intends to do more of the same, through continuing to educate others, so as to be able to help even more members of his community.

EMPOWERING OTHERS THROUGH EDUCATION “I had many mentors in the legal community, including Richard Carpenter, who helped me when I was starting out.

In addition, Dean Stephen Ferruolo and Howard Abrams of the University of San Diego School of Law have continuously believed in me and all my aspirations, including becoming a professor,” Shamoun says.

“One of my greatest passions and dreams in life was to become a professor, more specifically a professor at USD School of Law. I love to teach and share my practical knowledge and insights with students. I wanted to become a mentor and offer my support to students, as a resource for them to use throughout their careers, as my previous mentors have been for me,” he explains.

In 2015, that dream became a reality, and Shamoun took his expertise in tax law, along with his passion for educating others, to students at USD School of Law, where his Tax Practice and Penalties class is now a required course to obtain a Master of Laws in Taxation Degree.

© Bauman Photographers

attorneys, who shared Shamoun’s dedication to treating every single client as family. Also, Shamoun credits Lisa Nelson, RJS LAW’s first full-time attorney, and Chandara Diep, his first full-time Paralegal, in leading the growth of RJS LAW from one to five attorneys in four years. Furthermore, Shamoun acknowledges that the growth of his firm would not be possible without the continued support of his parents, Sabri and Mary Shamoun, and his wife, Melanie Shamoun.

“We treat our clients with compassion, advocating for them and caring about each one as if they were a part of our family,” he says. “We give each client personal attention, promising a 24-hour turnaround time on all phone calls and emails. We create genuine relationships with our clients, making them friends for life. Our strategy of putting compassion at the center of everything we do has proven to be innovative. Our clients come to us scared, looking for someone they can trust and turn to in their time of need.”

Suffice it to say, over the years, Shamoun and his team have been honored to serve as trusted advocates for countless Southern Californians, representing them before the IRS, the California Franchise Tax Board, the California Employment Development Department, and the California State Board of Equalization. The firm has also defended clients against criminal prosecutions by the federal government and the State of California.

Yet even as Shamoun’s star continued to rise, and RJS LAW began amassing award after award, including being voted San Diego’s Best Tax Law Firm repeatedly, along with dozens of

© Bauman Photographers

In addition, Shamoun has chosen to honor those who guided and educated him through serving in multiple roles for his beloved alma mater. For example, RJS LAW grants a $5,000 annual scholarship awarded to a law student pursuing their LL.M, each year. The firm also hosts their annual BIG GIVE event, which raises money for USD School of Law, with funds allocated toward helping law students with various scholarships.

Moreover, Shamoun serves on the Board of Visitors for USD, which is an advisory and support group that is dedicated to the School of Law’s advancement as a leading center of legal education and scholarship. Members of the Board of Visitors provide counsel and feedback to the dean on a range of issues related to the priorities and needs of the School of Law. Shamoun is also a member of the USD School of Law Comprehensive Campaign Committee, which was launched in February 2016 as a University-wide $300 million-dollar comprehensive campaign focusing on fundraising in five critical areas: capital projects, scholarships, program and faculty support, and the endowment.

Most recently, in December 2016, Shamoun was afforded the opportunity to further give back to not only his alma mater, but to the entire southern California legal community through the creation of the University of San Diego School of Law – RJS LAW Tax Controversy Institute held at the Joan Kroc Institute for Peace and Justice.

“I am so grateful to Howard Abrams, and Dean Stephen

Ferruolo for believing in me, and partnering with me to create the University of San Diego School of Law-RJS LAW Tax Controversy Institute. The goal was to create the premier tax controversy event in San Diego, bringing together the region’s top tax attorneys, CPAs, EAs and Law and Business School professors to discuss topics including federal and state audit strategies, tax penalties, and criminal tax matters,” Shamoun says.

Continuing he says, “We wanted to share our knowledge and love of tax law with the entire Southern California community of tax professionals. The Institute was a way of bringing the entire tax community together, regardless of whether they are CPAs, EAs, tax preparers or attorneys, not only to learn from one another but to network.”

To that end, the first event, held on December 2, 2016, was more than worth the effort put forth to create the program.

“We had dozens of prominent panelists, and the event was a tremendous success. It means so much to me to be able to help support and promote the school that had given me such a strong foundation,” he says. Incidentally, “100% of the proceeds go directly back to the school,” he adds.

The next year’s annual event is scheduled for the summer of 2017, according to Shamoun, and will boast equally prominent panelists and experts, with the same goal in mind of bringing together all tax professionals, as a wholly inclusive, rather than exclusive tax event. “It is an incredible honor to be able to partner with USD on this Institute, and I’m humbled by being allowed to play a role in bringing together the tax community in this way, Attorney Journal San Diego | Volume 161, 2017

19

Ronson J. Shamoun with the RJS LAW team. He credits much of the firm’s success and growth to the team he has assembled. to collaborate and innovate, on ways to help our fellow community members successfully navigate and get through tax controversy.”

STRENGTHENING COMMUNITIES THROUGH SERVICE There is no doubt in Shamoun’s mind that his firm’s success is directly tied to his dedication to improve his community in any way possible. “We donate thousands of pro bono hours each year. The people we help in a pro bono capacity have become some of our biggest fans and best referral sources. They are in the community advocating our services for the rest of their lives,” Shamoun says.

Beyond that, attorneys at RJS LAW donate countless hours of their time and resources to charities and nonprofits close to their hearts. Organizations and associations which are supported

by Shamoun include Grossmont Hospital Foundation, the Knights of Columbus, the Saint Peter Chaldean Seminary Program, the Challenged Athletes Foundation, the National Academy of Television Arts and Sciences, and the United Services Organization, amongst others.

His team of equally civic-minded colleagues contribute their time and resources to organizations both inside and outside of 20

Attorney Journal San Diego | Volume 161, 2017

the legal community including Young Tax Lawyers, Habitat for Humanity, the National Alliance on Mental Illness, Big Brothers Big Sisters, Kiwanis, and Lawyers Club of San Diego. Many of the attorneys at the firm are also professors at local universities.

One of the most unique ways that Shamoun has recently found to help organizations including the Girl Scouts of San Diego, The United Way, and the American Diabetes Association has come through a billboard sponsorship campaign. “We purchase billboard space to donate to these incredible organizations,” says Shamoun. “We are firm believers that we should give back to the community that supports us.”

As such, he says, “We never turn down someone who needs our help. When they come to us for help, we are there. Our job is to lend a helping hand no matter what,” he says. “When you do good for others, whether it’s by taking on a pro bono case, offering a free consultation, helping to create an educational tax event, teaching the future tax professionals of tomorrow, good comes back to you.”

Good things have certainly come to pass for RJS LAW over the last decade. In 2016 alone, Shamoun was named to the San Diego Business Journal’s San Diego 500 Influential Business Leaders list, and voted San Diego’s Best Tax Law Firm in the Union Tribune’s Readers Poll. RJS LAW was also recognized as a San Diego Most-

Contact Ronson J. Shamoun RJS LAW-A Tax Law Firm San Diego | 303 A Street, Suite 400, San Diego, CA 92101 Beverly Hills | 8484 Wilshire Blvd., Suite 210, Beverly Hills, CA 90211 Irvine | 2 Park Plaza, Suite 1258, Irvine, CA 92614 P: (619) 595-1655 rshamoun@irssolution.com RJSLawFirm.com The Ronson J. Shamoun Building in San Diego, CA, RJS LAW – A Tax Law Firm’s Headquarters

© Bauman Photographers

EXPERIENCE

Recommended law firm in tax law by Our City San Diego, and included in the San Diego Business Journal’s 2016 Best of the Bar list.

Indeed, over the years, the awards and accolades for Shamoun’s excellency in advocacy have earned him incredible distinction, including becoming a frequent legal commentator for various media outlets including Fox 5 News, ABC Channel 10 News, KUSI News, and NBC 7 News. He is also an expert contributor to the San Diego Union Tribune, the San Diego Business Journal, and Law360.

With offices in San Diego, Irvine, and Beverly Hills, Shamoun’s team continues to grow, all the while remaining dedicated to their core values of excellence, compassion, personal service, hard work, and empowering others through education.

“You have to produce great results for your clients by caring about their matter and working hard. I stress to my students at USD the importance of getting involved whenever they can and however they can in their community. There is no doubt that RJS LAW owes its success to support we received, which we do our best to pay forward through our efforts in the community, including educating others, philanthropy, and hard work,” he says. n

» EDUCATION • Law School: University of San Diego School of Law • Other Graduate School: Masters of Law in Taxation • College: University of San Diego, Bachelor’s in Accounting

» AWARDS • Most Recommended Law Firms – Our City San Diego Magazine, 2016 • Top 10 Best Accounting Firms in San Diego, CA – AdvisoryHQ News, 2016 • Voted San Diego’s BEST Tax Law Firm – Union Tribune Reader’s Poll, 2014-2016 • Martindale Hubbell AV Preeminent: Highest Excellence in Legal Ability and Ethical Practice, 2013-2016 • Real Estate Tax Law – San Diego Magazine, 2016 • Best of the Bar – San Diego Business Journal, 2014 & 2016 • Most Admired CEO Finalist – San Diego Business Journal, 2015-2016 • Top Tax Lawyer – San Diego Magazine, 2015 • Top Tax Attorney – San Diego Daily Transcript, 2013-2015 • 40 Under 40 – San Diego Metro Magazine, 2015 • Best of the Bar – San Diego Business Journal, 2015 • Top Lawyer – San Diego Magazine, 2013-2015 • Client’s Choice in Tax, Business, Trusts, and Real Estate – Avvo.com, 2014 • Torch Award Finalist – Better Business Bureau of San Diego, Imperial, and Orange Counties, 2014 • Most Admired Companies – San Diego Metro Magazine, 2014 • Best Attorney – San Diego Metro Magazine, 2014, 2016 • Mover to Watch – San Diego Metro Magazine, 2014 • Family Owned Business Finalist – San Diego Business Journal, 2014 • State of California Senate Certificate of Recognition – RJS LAW, 20132014 • California Legislature Assembly Certificate of Recognition – RJS LAW, 2013-2014 • San Diego Regional Chamber of Commerce Certificate of Merit – RJS LAW, 2014 • City of San Diego Certification of Recognition – RJS LAW, 2014 • San Diego Regional Chamber of Commerce Certificate of Merit – RJS LAW, 2014 • San Diego East County Chamber of Commerce Business of the Year – RJS LAW, 2013 • San Diego Regional Chamber of Commerce Certificate of Merit – RJS LAW, 2014 • Top Young Influential – San Diego Daily Transcript, 2013 • Top Lawyers in America – American Lawyer Media, 2013 • Certificate of Special Congressional Recognition – RJS LAW, 2013 • San Diego County Board of Supervisors Certificate of Recognition – RJS LAW, 2013 • Top Young Attorney – San Diego Daily Transcript, 2009-2010 • San Diego 500 Influential Business Leaders – San Diego Business Journal 2016

J. DANIEL HOLSENBACK, ESQ. MEDIATOR

• Over 25 years as a civil trial lawyer and general counsel • Unique insight into resolution brought by extensive trial experience • Steadfast and tenacious in his approach to settling disputes

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W

hether you practice solo with a small staff, at a midsize law firm or in BigLaw, you can always find ways to improve your firm’s culture.

It’s true that law firms have a unique culture, regardless of size. One reason is that the billable hour limits and even stifles collaboration. (Collaboration? It’s not something lawyers are taught to think about.) But the hierarchies and structures built into the law firm model can be managed in a way that creates a positive work environment and organizational culture.

The benefits are both financial and psychological: lower turnover rates, increased productivity, an easier time recruiting new team members, increased morale and motivation, greater involvement, lower absenteeism and even lower insurance rates.

How can you ensure that your law firm (or legal department) builds or maintains a great culture? Here are five steps and resources.

5

Ways to Improve Your Law Firm’s Culture

by Mary Redzic

bring down the whole team. It forces you to think about your own team, to identify whether it’s the lack of transparency and communication or the fear of confrontation that’s causing problems, and then suggests ways to troubleshoot.

Goal: Use the book to help identify the root cause of your problem, and do some experiments of your own. Listen closely the next time your team meets to see if you can pinpoint the problem. Use the lessons from the book to address it.

2. Lead by Example

Resource: “Five Dysfunctions of a Team” by Patrick Lencioni.

You don’t necessarily have to have a problem to think about how to improve your law firm’s culture—or ensure that it endures as the firm grows. A firm can lose its way as it expands, so thinking about how to maintain a great culture is a smart, proactive move. Here are some questions to ask yourselves to maintain a great culture:

Resource: “12: The Elements of Great Managing” by James K. Harter and Rodd Wagner. Leaders are often the No. 1 reason employees leave, and the No. 1 trait of a great leader is selfawareness. If you know how you act around others, how you treat others, how you praise or, unfortunately, degrade others, then you also know how you can improve your leadership and communication skills to ensure your best people stick around.

This is not to say that it’s all on you, but how you act can definitely impact how the rest of the team acts. If you don’t praise your team members, if you don’t care about their performance or needs, it will create a toxic environment that quickly spreads through the organization. Whether you’re a partner, paralegal, associate or office manager, “12: The Elements of Great Managing” is a great resource. It covers the intricacies of Gallup’s Q12 survey on employee engagement.

• What makes our culture great? Is it transparency, the people, the communication?

Goal: Take the Gallup survey with your team, identify the issues, and then take steps to nip them in the bud.

1. Find the Root Cause of the Problem

• How can we maintain this every time we add a new lawyer to our team? How can we structure our interview process to ensure a great cultural fit?

On the other hand, if you’ve noticed a decline in morale, you can take steps to rectify this as quickly and painlessly as possible.

“Five Dysfunctions of a Team” does a great job of presenting a team that has its own dysfunctions in a way that’s easy to relate to. It shows how one relentlessly negative person can 24

Attorney Journal San Diego | Volume 161, 2017

3. Don’t Rely on HR or the Office Manager Resource: “How to Win Friends and Influence People” by Dale Carnegie. While it’s easy to defer to human resources or an office manager, their efforts to improve your culture will fail if the whole team does not embrace them. Staff can develop all sorts of programs, experiments or trial runs—but if you don’t actively step up as a leader and embrace the changes, or speak up when their approach isn’t working, all their work will go to

waste. And they may actually make the culture worse.

Before your firm attempts a new program or makes a change, be sure you know what your culture should be like (see No. 1). What makes your culture great? What’s most important to you and your team? Is it a safe environment, with fluid transparency and a shared belief in speaking up regardless of the consequences? If not, attempts by HR or an office manager to create an “open space” office plan, or conduct a culture survey, or have annual “360-degree” reviews may be useless because they do not coincide with your goals.

Done thoughtfully, regularly and in sync with your existing culture, 360-reviews can be great. However, if your team is small or scared to speak up, any 360-review will be useless because it won’t shed light on the problem itself. Similarly, if trust is an issue, an open floor plan will create more problems.

People who don’t communicate well to begin with might reject being in an open environment with the people they are trying to avoid.

“How to Win Friends and Influence People” has been a best-seller for decades for a reason. It shows how every person in an organization can improve their communication skills, regardless of title or position.

Goal: Make it everyone’s job to ensure they contribute to a positive environment and communicate well.

4. Increase Collaboration Resource: “StrengthsFinder 2.0” by Tom Rath. You may have a rock star team or practice in a highly hierarchical or structured law firm, but there are always ways to improve communication and collaboration. One of the most interesting methods is by rigorously outlining the strengths of your team.

“StrengthsFinder 2.0” explains that focusing on people’s strengths, rather than their weaknesses, promotes a healthier discussion of what’s working and what isn’t.

The theory is that you can only improve on your weaknesses so much; in the long run, they will not impact your communication or productivity. However, if you focus on your strengths, you can learn to use them to your advantage and overcome your weaknesses. If you’re competitive, for example, but you’re not a great communicator, you can have a competition with a friend or co-worker to take one step per week to improve your communication, so at the end of the month, you will have the “win” you crave.

Goal: Have your team take the “StrengthsFinder 2.0” quiz, share their top five strengths, and discuss how they can collaborate by using one another’s strengths. If one team member is an “achiever” and another is “futuristic,” they can collaborate by harnessing their complementary skill sets. For example, the futuristic person can present any idea by focusing on its impact on the future of the case or firm, while the achiever can talk about the tasks that must be completed to achieve the goal.

5. Don’t Let Your Size or Geography Be an Excuse Resource: “Remote: Office Not Required” by David Heinemeier Hansson and Jason Fried. We live in a digital world where technology makes working from … well … anywhere possible. While this mobilization has its benefits, it can make team collaboration more difficult. Likewise, in larger firms especially, closed office doors are not uncommon and there, too, collaboration is hindered. Regardless of the obstacle, there are ways to overcome and create a great collaborative culture. “Remote” (a collection of essays from the people behind Basecamp) has some insights into working remotely— particularly for making remote team members feel like they’re still involved through the use of technology.

Goal: Investigate the tactics and tools described in “Remote,” such as group conference calls, screen-sharing and, for law firms specifically, case management systems with team calendars and activity trackers.

Don’t Forget the Happy Factor Bonus Resource: “Delivering Happiness” by Tony Hsieh.

If you’re in a midsize or large law firm, read up on Google’s strategies for building a great team. For example, creating smaller teams within a large organization can improve communication and collaboration. Zappos is another company with a great culture, known for experimenting with different strategies for improvement. In “Delivering Happiness,” CEO Tony Hsieh describes how making sure that every customer is happy with their services is a common team goal and shared internal priority. Every team member goes through the same training process regardless of title or position.

Whether you have 10 people or 10,000, there are tried-andtrue methods for ensuring transparency, collaboration and trust, to build a winning team. To name a few: Create smaller teams, experiment with onboarding strategies by having associates work with different partners each week, create a mentorship system, hold weekly meetings to collaborate on cases, sacrifice one billable hour per week to come up with unique solutions. Ultimately, focus on learning what works best for your team. The benefits will outlast the sacrifices. n Mary Redzic is a Product Marketing Manager at MerusCase, a law practice management solution. She is a former solo practitioner and in-house lawyer who turned her obsession with legal technology into her career. She is always looking for new and innovative ways to make lawyers more efficient and effective, and loves legal tech so much she blogs about it at disrupt.legal. Follow her @maryredzic. Previously published in Attorney at Work.

Attorney Journal San Diego | Volume 161, 2017

25

What’s Hot and What’s Not in the Legal Profession

by Bob Denney Bob Denney is a recognized authority on strategy, management and leadership for law firms and companies. He serves as an outside Director on company boards and has also served as an interim CEO in turnaround and crisis situations. For further information visit our website at www.robertdenney.com. This article appeared in a recent edition of Of Counsel. It is reprinted with permission.

T

his is our 28th annual report on what’s going on in the legal profession. As in all previous reports, it is based on information my colleagues and I continually gather throughout the year from many sources—law firms, other providers of legal services, legal departments, surveys and the legal and general press.

It is also the seventh report published shortly after a Presidential election and the fourth in which the election resulted in a change of party and, therefore, a change of administration. These changes always have some impact on the legal profession, mainly in practice areas, but we expect the Trump administration will have a greater impact on the profession than any of the last three changes of administration.

Practice Areas Note: There can be differences in geographic areas.

RED HOT

• Cybersecurity continues to be the number one issue for

in-house counsel and is becoming so for consumers. Also see “Other Trends & Issues.”

• Health Care and almost every practice area involved. Of

course the Affordable Care Act (ACA) will have substantial changes or could even be repealed.

HOT

• Intellectual Property, particularly patent prosecution and trademark litigation.

• Immigration. Obviously. And it will get Red Hot. • Regulatory. While there will probably be fewer new

regulations or even cancellation of some existing ones, prosecution under corporate integrity agreements (CIAs) will continue and also under other compliance issues. The Davis-Bacon Act will at least be modified if not repealed.

• Energy. Oil, gas and electrical. Coal may warm up but

alternative energy will cool down. Also see environmental below.

• Technology. Of course.

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• Environmental. The Trump Administration is expected to

pull back a number of the “Midnight Rules” the Obama Administration will promulgate before inauguration. In addition there may be far more friendly policies regarding the exploration and production of both coal and natural gas.

• Infrastructure. One of the reasons will be greater support for public-private partnerships.

• Financial Services, although IPOs have been Cool but they may get Hot next year.

• Real Estate & Construction. Commercial. Residential now heating up.

WARM

• Labor & Employment. Was Hot earlier this year and will heat up again regarding wage-and-hour issues and also if more states pass Right to Work laws.

MIXED READING

• Commercial Litigation. Pretty Hot in MidLaw firms but

still Cool in most BigLaw firms. Many clients don’t want to pursue the types of litigation they used to. Also companies are having their legal departments handle more and more cases.

• Corporate. As we reported in our Midyear Update,

depending on a firm’s client mix and also industry practice groups.

COLD

• Bankruptcy. Will remain so unless the economy stumbles.

Industry Groups Note: As with practice areas, there can be differences in some geographic areas.

HOT

• Manufacturing & Distribution. 3D printing continues to grow.

• Food, Beverage & Agriculture. Have been Hot (and we missed listing them previously).

• Cannabis. There is significant product liability risk to both

manufacturers and sellers as marijuana is infused into edible products.

COOL

• Renewable Energy Storage. It is still in the early stages

but the Department of Energy is currently funding the development of different approaches. This may get Hot.

Hottest Geographic Markets • New York. Firms which had previously branched into other

markets are now opening offices in Manhattan for a variety of reasons: It has become a high-tech center; their clients are doing business in the city and “It looks good to be in New York.”

• Pittsburgh. As described by Steve Taylor in the Of Counsel

700 Annual Survey, “its economy is fueled by banking, health care, technology and education.” Not only are the two long-dominant firms growing but also other mid-sized firms. Recently firms from other parts of the country have opened offices there.

Marketing & Business Development • Gamification is being employed by a growing number of firms to motivate lawyers to become better rainmakers.

• Predictive Analysis, which has been used for years to

determine what a jury will decide, is now being used by some firms to identify client and industry needs.

• “Hunting in packs.” The term is now being used to get

lawyers in different practices and geographic areas to work together to obtain new clients.

• Client Feedback is much talked about but in many firms is still honored more in the breech than in the observance.

• Professional Business Developers, i.e. “sales executives.”

They have been a staple in accounting firms for many years.

Now some law firms are employing them and believe they are, or will be, productive.

• “Evergreen Content.” This is material which has no time

limit and, therefore, can be used currently or retained for later on. Susan Kostal encourages developing it for all forms of writing and social media. Makes sense.

• Social Media. Continues to be far more effective for

building individual lawyer reputations than for firms.

• ROI is becoming even more important for measuring the

results of marketing & business development activities. The challenge is what criteria to use.

• Marketing/Business Development consultants. There are more than ever!

Other Trends & Issues • Increase in number of lawyers. The Of Counsel 700

Survey reports a 3.7% increase this year. In view of the over-capacity that has been growing in the profession the past few years and the decreasing number of law school graduates being hired, this is a huge surprise and, at first glance, doesn’t make sense. However, Of Counsel went on to say this blip is due to timing and that the overall trend continues to be downward.

• Lateral hiring continues to be hot. While there are other

reasons, the principal one is to increase revenues and, hopefully, profits. However, some statistics indicate that only about half of the lateral partner hirings achieve these objectives. One of the reasons is that . . .

• Lateral integration all too often is not adequately

implemented. Some firms such as Benesch are using client teams and cross-office meetings to improve and accelerate integration into the firm.

• Project Management. Firms are continuing to invest in this to meet client demands.

• Artificial Intelligence. Just being explored by a few firms.

Will be the focus of next year’s College of Law Practice Management Futures Conference.

• Competition. It’s no longer just from other law firms. It’s

now coming from two other directions: Non-legal business entities like LegalZoom and, for large firms, more and more from the clients themselves who are using their legal departments as well as alternate service providers

• Blockchain. The technology behind bitcoin. It is a shared

digital ledger in which items or transaction are added at the end of the chain and encryption ensures that it remains unbroken, tamper-proof and error-free. Currently being adopted by banks. Advocates say it has the potential to “change the world” as the internet has done.

• Fewer equity partners. In October The Wall Street Journal

reported that the average number of equity partner billable hours in AmLaw 200 firms had dropped to 1,589. The resulting impact on profits is the principal reason most of these firms are planning to reduce the number of equity partners next year, either by de-equitizing them or asking them to leave.

• Higher partner contributions. Due to slow growth and

declining productivity, some firms are requiring more contribution from their partners for operating capital rather than attempting to increase their bank loans.

• Alternate Fee Arrangements. While they may account for

more than half of the total legal spend, this is due mainly to large firms with clients that have a high amount of litigation and want to drive down the fees. Many clients want billing options but most firms still cling to the billable hour structure. Therefore, despite continued predictions . . .

• The Billable Hour is not dead—and won’t be.

Attorney Journal San Diego | Volume 161, 2017

27

• Cybersecurity. While many firms have developed plans for

reacting to a cyberattack, many more have still not developed or implemented cybersecurity plans to prevent such attacks.

One overlooked factor is what actually constitute a “breach.”

Some firms regard any unsanctioned access of a firm system as a breach while others do not regard it as a breach until something—data, files or money—has been taken.

• Law firms for churches. In September, Nelson Madden &

Black claimed they are the first private law firm in New York City to cater to religious institutions. But they’re not the only such firm in the U.S. The office of Raymond Dague in Syracuse does and, in Grapevine, Texas. The Church Law Group, a practice area of Anthony & Middlebrook, has built a substantial practice.

• Publicly traded law firms. Slater & Gordon in Australia, the first such firm in the world, is facing a securities class action suit. This leads back to the issue of . . .

• Alternate Business Structures (ABSs). This is the current

term for non-lawyer ownership or investment in law firms.

Still prohibited in the U.S. except in a limited form in Washington D.C., they have been “legal” for 15 years in Australia and for nine years in the U.K. We first discussed this issue in an article I wrote in 2012 and then in our January 2013 Legal Communique. Opposition continues to be strong although the number of non-lawyer entities continues to increase and is providing more and more services.

• Employee Class Actions. Dormant and almost extinct in

recent years, they appear to be making a comeback since the death of Justice Scalia.

• Mergers. Soared to a record high in 2015 and may surpass

that number this year. For the acquiring firm, the objective is usually to increase revenues and, hopefully, profits. For the acquired firm, it’s usually to survive—in some form.

• Leadership. While effective Management is needed in all

firms regardless of size, this is not enough. To survive, firms also need Leadership to execute the vision, strategy and culture established by the leader. This subject is superbly discussed by Susan Duncan of RainMakingOasis in the blog headlined “Do Your Firm Leaders Lead or Manage?” posted recently on INFOCUS.

• Fewer private practice jobs for law school graduates.

According to the National Association of Law Placement’s 2015 survey, although the number of jobs in large firms increased, the overall employment total was the lowest since 1996. While the percentage of graduates who obtained jobs has increased slightly, this was the result of the steep drop in overall law school enrollment which continues. Not a good

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Attorney Journal San Diego | Volume 161, 2017

picture for the future. But what can be done to improve it?

• Scamblogging. A category of online writing by debt-

burdened law school graduates who are convinced their law schools misled them about their opportunities for employment.

• Changing lawyer structure. Because many firms of all

sizes are being faced with overcapacity, there will be fewer equity partners, more non-equity partners and “permanent” associates as well as greater use of contract lawyers.

• Changing management structure. Some mid-size as well

as large firms are recognizing the need for more non-lawyer managers, not only in the technology and marketing areas but also as project management directors and chief operating officers. The term “legal engineers” is being used more widely to describe these positions.

• Student debt. A few firms such as Orrick, Herrington &

Sutclliffe, are beginning to offer new associates cash to help them pay their student loans until they qualify to receive a bonus.

• Litigation Funding, which has been little noticed until

recently, is increasing as start-ups like LexShares and Trial Funder attract investors with promises of double-digit returns.

• Women being elected partner. There are mixed reports on whether the number is increasing or not.

• Bar passage requirements. After being threatened by the

Department of Education with having its accreditation powers removed, the ABA has started the process to tighten up the bar passage requirements for accredited schools. One part of the proposed rule would mandate that at least 75% of a law school’s alumni pass the bar exam within two years of graduation. Currently the requirement is five years. There are several other factors involved which may or may not make this change effective. The House of Delegates must approve the measure and the earliest they can do that is in February at the Midyear Meeting. If approved, it could go into effect for 2017 graduates who sit for the July bar exam.

• First Trans-Atlantic Alliance. While many U.S. firms have

forged alliances with firms in Asia, Womble Carle has become the first to forge and alliance “across the pond,” in this case with U.K. firm Bond Dickinson. Will there be more?

This report could not have been developed without the participation of my colleagues whose comments, by agreements, are not attributed to them. I am most appreciative for their input.

Each of us maintains our commitment to the legal profession but with concern on whether or not it will continue to adapt to change as it has always done in the past, albeit often slowly. n

& DD

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