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Volume 154, 2016 • $6.95
Avvo’s Business Model Faces Scrutiny
Guy Loranger
Challenges and Adjustments in a Merger
Bob Denney
3 Keys to Reaping the Rewards of Relationships
Stephen Fairley
PROFESSIONAL PROFILE OF THE MONTH
Ryan Mullinax
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2016 EDITION—NO.154
TABLE OF CONTENTS 6 Avvo’s Business Model Faces Scrutiny by Guy Loranger
10 Challenges and Adjustments in a Merger by Bob Denney
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12 COMMUNITYnews
EXECUTIVE PUBLISHER Brian Topor
16 Vik Monder Monder Law Group, San Diego No Substitute for Experience
EDITOR Wendy Price CREATIVE SERVICES Skidmutro Creative Partners CIRCULATION Angela Watson
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PHOTOGRAPHY Chris Griffiths STAFF WRITERS Jennifer Hadley Bridget Brookman Karen Gorden CONTRIBUTING EDITORIALISTS Bob Denney Guy Loranger Stephen Fairley WEBMASTER Mariusz Opalka ADVERTISING INQUIRIES info@AttorneyJournal.us SUBMIT AN ARTICLE Editorial@AttorneyJournal.us OFFICE 30211 Avenida De Las Banderas Suite 200 Rancho Santa Margarita, CA 92688 www.AttorneyJournal.us ADDRESS CHANGES Address corrections can be made via fax, email or postal mail.
ATTORNEY OF THE MONTH
by Jennifer Hadley
22 PROFESSIONAL PROFILE OF THE MONTH
Ryan Mullinax Founder of Allergic to Handcuffs, San Diego Rare Reputation for Integrity and Professionalism in the Bail Bonds Business by Jennifer Hadley
30 3 Keys to Reaping the Rewards of Relationships by Stephen Fairley
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Editorial material appears in Attorney Journal as an informational service for readers. Article contents are the opinions of the authors and not necessarily those of Attorney Journal. Attorney Journal makes every effort to publish credible, responsible advertisements. Inclusion of product advertisements or announcements does not imply endorsement. Attorney Journal is a trademark of Sticky Media, LLC. Not affiliated with any other trade publication or association. Copyright 2016 by Sticky Media, LLC. All rights reserved. Contents may not be reproduced without written permission from Sticky Media, LLC. Printed in the USA
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AVVO’S BUSINESS MODEL FACES SCRUTINY
by Guy Loranger
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any lawyers have fully embraced use of the online legal directory, Avvo. They may highlight on their website that they have a five-star Avvo client rating or a 10.0 Avvo rating. They may also use marketing services such as Avvo Advertising or Avvo Pro. In the past, we have published articles about how Avvo can be effectively used as part of a law firm’s overall online marketing campaign. (See, for instance, “Tips to Boost Your Avvo Attorney Rating.”) However, since Avvo.com launched in 2007, the Seattlebased company has also faced its share of critics. This is likely due to Avvo’s “like it or not” approach, as Catherine Sanders Reach of the Chicago Bar Association describes in a comment to Crain’s Chicago Business. Avvo’s business model has faced legal challenges as well. While the company has successfully fended off those challenges in the past, two new ones have surfaced: Putative class-action lawsuits filed in California and Illinois. Essentially, both lawsuits allege that Avvo has been using the identities and likenesses of attorneys who do not advertise or market on Avvo.com to generate revenue without the attorneys’ consent. You should watch these cases as they develop to see if they end up striking at the heart of Avvo’s business model—or fare as poorly as previous claims against the company.
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Attorney Journal San Diego | Volume 154, 2016
Lawsuits Challenge Avvo Advertising, Avvo Pro Services A San Francisco attorney, Aaron H. Darsky, filed the first lawsuit in December 2015 in the U.S. District Court for the Northern District of California. (Docket No. 3:15-cv-05495HSG) Moria Bernstein, a Chicago attorney, filed the second lawsuit in February 2016 in Illinois’ Cook County Circuit Court. (Docket No. 2016CH01631) As both lawsuits note, Avvo has compiled a free online directory of lawyers from states across the country based on information from public records such as bar admissions. Each listed lawyer receives an Avvo profile page, regardless of whether the lawyer has asked for one. A lawyer can claim the profile and manage the information that is listed or simply leave it alone. The profiles, in and of themselves, generate no revenue for Avvo, the lawsuits claim. Lawyers do not have to pay for the profiles, and consumers do not have to pay to view them. Instead, according to the lawsuits, Avvo makes money by selling advertising and marketing space on the lawyer profile pages. The two marketing services that are specifically at issue in the lawsuits are:
• Avvo Advertising—Attorneys pay Avvo a monthly fee, and in exchange, their ads are displayed as “sponsored listings” that can be found within the profile pages of other attorneys, the complaints state.
• Avvo Pro—In exchange for a monthly fee, Avvo keeps other attorneys’ sponsored listings off an attorney’s profile page, according to both lawsuits.
Bernstein’s lawsuit, in particular, claims that Avvo Pro is meant to “coerce” a lawyer into paying a marketing fee so that Avvo “will not misappropriate” the lawyer’s identity or sell advertising space to the lawyer’s competitors. Both Darsky and Bernstein state in their complaints that they have subscribed to neither Avvo Advertising nor Avvo Pro. They complain in their respective lawsuits that Avvo, without their consent, created profile pages bearing their identities and likenesses. Furthermore, without their consent, Avvo sold marketing space on their profile pages to Avvo Advertising subscribers, the lawsuits allege. According to Bernstein, who practices family and residential real estate law, the attorneys who were sold advertising space on her profile page practice “in the same geographic location and in the same practice areas” as she does. In his complaint, Darsky admits that Avvo’s attorney listings “may be a permissible First Amendment exercise.” However, he claims, “Avvo’s business practices go far beyond that mere exercise” by using the names and likenesses of the attorneys in their directory, without their consent, to sell advertising or marketing services to other attorneys. Darsky’s lawsuit points out that, according to a July 2015 Bloomberg News article, Avvo had a valuation of $650 million and raised $132 million in funding. “The revenues generated by Avvo come almost exclusively from its unauthorized use” of the names and likenesses of attorneys who, like Darsky, refrain from using Avvo’s advertising and marketing services, the complaint alleges.
Lawsuits Bring Right of Publicity, Misappropriation Claims Both Darsky and Bernstein have asserted that Avvo’s business practices violate their respective states’ “right of publicity laws:”
• California—Cal. Civ. Code § 3344 • Illinois—765 ILCS 1075. Generally speaking, those laws prohibit the use of a person’s identity (name, signature, photograph, image, likeness or voice) for commercial purposes without having obtained previous consent from the person. The lawsuits also allege common law, or tort, misappropriation claims. Darsky’s complaint, additionally, asserts a violation of the California Unfair Competition Law. Both lawsuits seek an injunction that would stop Avvo from using the likenesses and identities of the named plaintiffs and other putative class members. They also seek statutory, compensatory and punitive damages.
Avvo Has Fought Off Previous Lawsuits As noted above, this is not the first time Avvo has been challenged in court.
Shortly after Avvo.com launched in 2007, two Seattle lawyers sued the company over its ratings system, claiming the company engaged in “unfair and deceptive trade practices by falsely claiming to be objective, reliable and factual,” the Seattle Times reports. Just a few months after that putative class action lawsuit was filed, the U.S. District Court for the Western District of Washington in Seattle dismissed it, finding that Avvo’s lawyer ratings were a form of protected free speech. Another lawyer brought a claim against Avvo in 2010. That lawsuit, which alleged false advertising and misrepresentation, was initially filed in Florida and transferred to the same federal court in Seattle where the first lawsuit was ruled on. It failed as well. As Geekwire explains, the court dismissed the lawsuit under Washington’s anti-Strategic Lawsuits Against Public Participation (SLAPP) law, which is aimed at protecting free speech rights. The lawyer who brought the claim wound up paying legal fees and a fine.
How Will Avvo Fare against New Legal Challenges? Unlike those previous claims against Avvo, the Darsky and Bernstein lawsuits do not challenge the company’s lawyer rating system. Instead, they attack Avvo’s business model. So, the fate of previous legal claims against Avvo may not give much indication on how these latest court challenges will fare. (You might want to check out an analysis of Bernstein’s right of publicity claim on Law360.com by J. Michael Keyes, a Seattle intellectual property attorney.) Josh King, Avvo’s chief legal officer, described Bernstein’s lawsuit to the ABA Journal as being “bizarre” and “completely ludicrous.” He told the Journal that he expects the case to be dismissed. To date, Avvo has yet to file an answer to Bernstein’s complaint. However, according to the ABA Journal, Avvo responded to Darsky’s complaint with a motion to strike under the California anti-SLAPP law. It should be noted that there is a similar Illinois anti-SLAPP law. At Consultwebs, we won’t take a position on either side of these lawsuits or attempt to analyze the merits of the claims. However, because the cases could end up impacting law firms, including our clients who utilize Avvo in their marketing efforts, we do think it will be important to track the status of these cases in the months ahead. We will make sure to keep you updated as they develop. n Guy Loranger is the Web Content Editor for Consultwebs. com. His role allows him to interact regularly with clients on developing website pages, press releases, blogs and other Web content that promotes their firm’s practice areas and enhances their search engine rankings. He is also Google Analytics IQ certified. www.consultwebs.com. Attorney Journal San Diego | Volume 154, 2016
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Challenges and Adjustments in a Merger 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.
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here is a drama that is acted out every day on the stages of hundreds of law firms throughout the world. Firm A, which may have been a local, regional or even national firm, has recently merged into (read “acquired by”) Firm B, a larger national or international firm and the partners from Firm A are adjusting to being part of such a huge firm. Some of these partners may compare this situation to their first semester at a college that was many times the size of the high school from which they had recently graduated. Others may compare it to the first few months of marriage (at least the first marriage) after the honeymoon was over. Both of those situations require learning and adjustment. However, for most partners, nothing compares to the experience of having their firm of 50 or 100 or 200 lawyers merge into a firm of 800 or 1,000 or 1,500 lawyers. For some it is exciting and energizing. For most, however, it is unsettling and can sometimes be traumatic. There are many pluses to becoming part of a much larger firm—but there are also many differences and challenges. If the merger is to be successful, the partners in Firm A must anticipate the differences and challenges and Firm B must recognize them. Let’s look at those before we discuss the pluses.
Some of the Differences In addition to sheer size, there can be many other differences, which the partners in Firm B may not recognize. Here are some of them:
• Firm A may have had only one, or several, offices. Firm B has many more, some of which may be in other countries.
• Firm A may have had 10-15 practice groups with no more
than 20 lawyers in a group. Firm B has 30-40 practice groups, some of which may have 100 lawyers in the group and these lawyers are located in different offices.
• Firm B’s technology is probably far more advanced than Firm A’s was.
• The partners in Firm A knew, or at least recognized, each
other. Some of the partners in Firm B may never have met each other.
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• Firm A may have had a participatory form of governance whereas Firm B has a corporate form where the senior management group makes most decisions.
• Firm B probably has far more policies and procedures. • Some of the partners from Firm A may now have far less contact with each other and, as a result, feel a loss of collegiality.
• The Firm A lawyers will almost certainly experience “E-mail overload” as a result of the increased need to use e-mail for communication with the larger firm.
• The compensation system may be different. • And the culture is almost definitely different.
Some of the Challenges and Adjustments The partners from the merged-in firm should expect to face certain challenges and to go through a period of learning and adjustment. One of the first challenges will be learning the policies and procedures of their new firm, i.e., its way of doing things. This will take time. To accelerate the process, large firms that have been through several mergers usually have an indoctrination program for the new lawyers, similar to the program for entry-level associates. Another challenge for the new partners will be learning the array of additional services and expertise available in their new firm and building relationships in the firm so that they can use and market these services. This will take even more time. In fact, to be blunt about it, some of the partners in Firm B may not know all of their firm’s capabilities either. This challenge can be addressed in several ways:
• Meetings of the lawyers in the practice groups from both
firms. These should have been started before the merger was finalized and must continue after;
• The partners from both the former Firm A and Firm B referring work to each other; or
• The new partners visiting some of the other offices in Firm B.
Practice Group Differences
The Pluses
In addition to learning about the services and expertise available in the larger firm, the partners (and also the associates) must learn the styles and philosophies of certain practice groups. One example is Litigation. Firm A’s approach may have been to take every possible case to trial while Firm B may emphasize settlement, arbitration or ADR to a great degree. Most of the new partners will feel some loss of autonomy, particularly in accepting new matters or clients. The principal cause of this will probably be the increased potential for legal or business conflicts in the larger firm and the need to deal with them. If Firm B has a policy of not accepting certain types of matters or clients, this can also cause the new partners to experience a loss of autonomy, particularly if it means they must “fire” some clients they served in their prior firm. Some of the adjustments can be traumatic. Adapting to a different culture is often one of them, particularly if Firm A had a relaxed and informal culture that most large firms do not have. Another adjustment, which may seem minor to some lawyers, can arise if a Firm A partner, who worked in a downtown office, is moved to a suburban office which he or she may interpret as being sent to “Siberia.” The reverse can also be upsetting if a partner, who enjoyed working in a suburban office five minutes from home, is moved downtown and must now commute an hour each way in heavy traffic. What is often overlooked in a merger of this type is its impact on the support staff of the merged-in firm. In some ways it can be as unsettling and even traumatic as it is to the partners. Unless, or until, the acquiring firm focuses on integrating them, Firm A’s support staff will probably feel like they are in a small boat that is being tossed about in a bad storm.
The partners—and everyone—in the merged-in firm will find it much easier to face the challenges and make the necessary adjustments if they keep in mind the pluses that should result for them from the merger. These can include: • The access to far greater resources, not only legal but also financial, technology, staff support and marketing;
• The opportunity for greater professional development and for upgrading their practices;
• The opportunity to “retool” their practices or sub-specialize; • A bigger platform to grow their practices and the marketing resources to do so;
• Greater firm name recognition; • The opportunity to increase their income; • Financial security, particularly if their former firm was undercapitalized or was in financial difficulty; and
• A funded pension or deferred income program. There is little or no honeymoon period after the marriage of a smaller or even mid-size firm with a much larger one. However, the drama that results from the merger need not—and should not—end in tragedy for the lawyers and staff from the acquired firm. This will only happen, however, if all the casts of both firms know their roles and play them. n
“Us” Instead of “We” and “They” There are a few challenges that must be recognized and adjustments that must be made by the acquiring firm. Most important of these is the need to devote the time and effort needed to integrate the acquired firm. This process should be started even before the merger—such as with the practice group meetings above—and must be continued after the merger. It will take time, at least a year and possibly longer. The key to successful integration after a merger is the attitude of the acquiring firm. It is understandable if the lawyers and staff of Firm A refer to themselves as “we” for a while and refer to their new firm as “they.” However, it is not understandable— or acceptable—if the lawyers and staff of Firm B do the same. “They” should never be part of Firm B’s vocabulary. From the first day of the merger, everyone in the acquiring firm should adopt the attitude that it’s now “us.” It is also critical for Firm B to listen to the problems and concerns of the personnel from Firm A and to acknowledge and address them. These can include compensation or desire for a role in management, which are often resolved through guarantees for several years after the merger. Attorney Journal San Diego | Volume 154, 2016
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COMMUNITY news n Fisher & Phillips LLP recently received the “Champion of Women” award by Connected Women of Influence, a leading association recognizing leaders and trail blazers in professional services companies. In front of a crowd of 300 guests, the firm took home the top prize of the day, which was also the only award given to a company. In addition, Partner Danielle Moore was honored as a final nominee in the “Women Breaking Barriers” category. DANIELLE MOORE The “Champion of Women” award recognizes a company or organization that provides internal programs and initiatives that are unique, cutting edge and specifically designed to support the advancement and acceleration of women in the workplace. The “Women Breaking Barriers” nominees are women who utilize their position, stature, expertise and influence to break down barriers and effect positive change in their professions, industries or enterprises. Fisher & Phillips has been a contributing member to Connected Women of Influence for the last few years, with partners and staff participating in various initiatives with the association. The firm also created and supports a similar in-house program, the Women’s Initiative and Leadership Council (WILC), which focuses on recruitment, development and support for women throughout Fisher & Phillips. WILC also provides a forum for attorneys to share experiences and ideas to support advancement. n Crosbie Gliner Schiffman Southard & Swanson LLP (CGS3) announced today the addition of two real estate partners—David Swartz, former general counsel of Arden Realty, Inc. and Dawn Saunders, previously with Mintz Levin—to the ranks of its growing commercial real estate law firm. Over a 20-year legal career, Saunders has concentrated her practice on complex commercial leasing with a focus on technology DAVID SWARTZ and biotechnology/life science companies, as well as laboratory and manufacturing facilities. She also has extensive experience with the acquisition/disposition of commercial real estate, including providing oversight of the due diligence process and advice on mergers/ acquisitions and the related financing and restructuring implications. With 25 years of legal experience, Swartz has a background that includes corporate M&A, real estate acquisitions and dispositions, financing, leasing, risk management and DAWN SAUNDERS litigation. He was most recently with Elkins Kalt and brings with him a diverse client base of institutional and emerging clients in hotel, multifamily, commercial, retail and industrial properties. During his 10+ years at Arden Realty, Swartz created and led the company’s legal department, managed and negotiated over $6 billion in real estate transactions and was instrumental in orchestrating Arden’s highprofile acquisition by General Electric Capital Corporation. 12
Attorney Journal San Diego | Volume 154, 2016
ANDREA MYERS, MATTHEW SELTZER, BRIAN KATUSIAN
n Seltzer Caplan McMahon Vitek is pleased to announce that Brian Katusian, Andrea Myers and Matthew Seltzer have been elected as shareholders of the firm. Katusian joined Seltzer Caplan as an associate in 2011. His practice emphasizes tax law, ERISA/employee benefits, and tax-exempt organizations. He is certified by the State Bar of California as a Legal Specialist in Taxation Law. Katusian received his J.D. and LL.M in Taxation from the University of San Diego School of Law. Myers began her legal career as a summer associate at Seltzer Caplan in 2007. Her practice focuses on complex business litigation, real property disputes, professional liability defense and employment litigation. She was recognized as a Rising Star by San Diego Super Lawyers Magazine and named a Woman Who Moves the City by San Diego Magazine. Myers received her J.D. from the University of San Diego School of Law. Seltzer began his legal career at Seltzer Caplan in 2007. His practice encompasses real estate and business transactions. His work has been recognized in the San Diego Business Journal’s Top Real Estate Deals special report and awards program. Seltzer received his J.D. from the University of San Diego School of Law.
Have a Press Release you would like to submit for our Community News? Email it to PR@AttorneyJournal.us
COMMUNITY news n Fish & Richardson litigator Craig Countryman has been named a Rising Star by Appellate Law360 placing him among the top appellate lawyers in the United States under the age of 40. Countryman was one of only six attorneys nationally selected for this prestigious list. According to Law360, Countryman “pushed CRAIG COUNTRYMAN appellate courts into new territory, persuading the Federal Circuit to set precedent for patent reviews and winning certiorari at the U.S. Supreme Court…” on the standard for enhanced damages in patent cases. Countryman, who is 34 years old, is co-chair of Fish’s appellate practice and is based in the firm’s San Diego/ Southern California office. He has led the briefing in over 30 Federal Circuit, Ninth Circuit and Supreme Court appeals and has argued several of them. In 2015 alone, he received favorable decisions in four appeals. He also writes frequently on a variety of patent law topics and has published over 25 articles and dozens of posts on Fish’s litigation blog. He received his law degree from the University of California, Los Angeles School of Law in 2006, and his B.S. in chemistry, with honors, from the California Institute of Technology in 2003. n Higgs Fletcher & Mack, awarded its fourth $4,500 California Western School of Law Diversity Scholarship to Beshoy F. Shehata. A 2017 Juris Doctor candidate, Shehata was selected for demonstrating ethical and civic leadership and for providing services to underrepresented groups in the community. Shehata grew up in Cairo, Egypt and at age 10, his family moved to the U.S. to avoid religious persecution. When he first arrived, Shehata had minimal knowledge of the English language, which made learning difficult. However, he has successfully become the first college graduate in his family. Law has always been Shehata’s passion. Because of his background, his goals are to protect the public and advocate for the weak. Shehata received his Bachelor of Arts in Liberal Studies and International Peace Studies from University of California Santa Barbara. Higgs Fletcher & Mack has provided scholarships to students at California Western School of Law since 2013. Headed by Higgs’ Diversity Committee, the firm and its contributing attorneys SUSAN HACK , BESHOY F. SHEHATA, have awarded more than RAHIL SWIGART $60,000 in scholarships to both USD and California Western School of Law.
n Schwartz Semerdjian is pleased to announce that Alison K. Adelman has joined the firm as an associate. Adelman represents individuals and business entities in a variety of civil litigation matters including employment, business tort, and personal injury. After graduating from the University of San Diego School of ALISON K. ADELMAN Law and prior to joining Schwartz Semerdjian, Alison practiced civil litigation with her father, Marc Adelman, a former San Diego County and California State Bar President. Alison earned her undergraduate degree in Business from the University of Connecticut, where she was a pitcher on the UConn Huskies Division 1 softball team and named to the NCAA and Big East Conference All-Academic teams each year. During law school, Alison was a Judicial Extern for the Honorable Anthony J. Battaglia at the United States District Court for the Southern District of California.
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No Substitute For
EXPERIENCE Founder of Monder Law, Vik Monder’s personal experience as key witness for the prosecution of a violent crime propels him to fight with everything he has…for those accused of a crime.
by Jennifer Hadley
“I
am not like other criminal defense lawyers who were former prosecutors, or the new phenomenon of cops who decide to fight for the rights of the accused. I have seen the injustice in our criminal justice system first hand. I was once the key eyewitness to my best friend’s murder,” says award-winning attorney Vikram (Vik) Monder, who has achieved extraordinary results for his clients and in doing so, has established himself as one of San Diego’s most highly regarded, educated and awarded criminal defense attorneys. In fact, he just recently agreed to represent Tieray Jones, who has been charged with killing his 2-year-old stepson in 2002 in what some are calling the most high-profile cold-case murder in San Diego history. But years before he was defending high-profile cases, Monder was a 19-year-old Pre-Med student attending Syracuse University, when he witnessed the murder of his best friend. Obviously, the trauma of witnessing such an event would have a lasting impact on Monder, yet not in the way that many might assume. “I watched my best friend get shot in the face in the middle of the night,” he says. “And I saw how our criminal justice system worked.” In Monder’s experience, the criminal justice system failed not only his friend, but also failed him personally in the way he was handled as a witness, let alone how the accused would be treated. In fact, Monder says the appalling way he was treated by law enforcement made it crystal clear to him, that the odds are not only stacked against alleged criminals, but in many cases, even witnesses are victimized by those eager to close a case.
UP CLOSE & PERSONAL EXPERIENCE WITH VIOLENT CRIME
“I have seen the injustice in our criminal justice system first hand. I have sat in the interrogation rooms that my now clients talk so much about. I have seen professional police work take a 16
Attorney Journal San Diego | Volume 154, 2016
back seat at the beginning of these investigations. What people don’t know is that police treat every case just as a number, and want to get on to the next one regardless of the consequences or significance it will have on another person’s life. I have sat there in a cold interrogation room for hours on end being questioned about my motives while every single interaction in my life was being scrutinized. I was called a liar when my statements did not fit the theory of the detective’s case, and they even attempted to subject me to polygraph testing. At times I was told to just pick someone out of a six-pack lineup even when I was not 100% certain who had done it,” Monder recalls. “I wasn’t even the accused; I was merely a witness and I was pushed into a corner, coerced and treated like a criminal, when I’d done nothing wrong. The police had their theory, and they weren’t interested in anything that didn’t align with their case theory. I saw for the first time how easy it could be for people to provide faulty eye-witness statements. It was as if I was the defendant, instead of the one key witness who could help the prosecution.” This experience was so impactful that Monder, who admits he was more or less pursuing a career in medicine because his father was also a physician, immediately knew that his passion lied elsewhere. This realization would cause Monder to eventually change the direction of his professional career, in order to speak up for those who needed a voice during a terrible time in their life. In time, he set his sights on the law, armed with the conviction that “I would rather see 1,000 guilty men go free than 1 innocent man go to jail,” he says.
SEIZING THE OPPORTUNITY TO FORTIFY EXPERIENCE WITH EDUCATION
Before long, Arizona native Monder relocated to San Diego, and earned his law degree. “I am a first generation American, and I watched as my father, who was a physician in India, struggled to find work here because of the language barrier. He
ATTORNEY
OF THE MONTH
© Bauman Photographers
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worked tirelessly at mastering the language, and did everything possible to ensure that I had every opportunity available to me here, beginning with an incredible education.” Watching his father lead by example further fueled Monder’s growing conviction that those charged with crimes ranging from DUIs to Federal charges needed precisely the type of educated and passionate attorney that Monder was on his way to becoming. “My father couldn’t excel early in his career in the U.S. because of the language barrier. He needed to build a strong voice, and he did. Today, he has the largest endocrinology practice in Arizona. I also needed to make sure that I developed a strong enough voice of my own to represent those who most need the advocacy of a criminal defense attorney who knows firsthand what both the accused, and often times even the witnesses are up against,” he explains. As such, after earning his J.D. from Thomas Jefferson School of Law, Monder went on to earn his LL.M in Criminal Trial Advocacy from California Western School of Law. “I earned my LL.M. and I practice criminal defense exclusively because I wanted to make sure that I learned everything there is to know about the rules of criminal evidence and procedure,” Monder says. Along the way, Monder also says that he was fortunate to find a mentor in fellow criminal defense attorney Marc Carlos. “Marc didn’t need to teach me how to be a lawyer, but he has certainly provided support, and structure, and has shown me how to grow professionally. So many lawyers dabble in criminal defense. They come and go, but they don’t last. This practice area has a lot of turnover; I think because people try to practice criminal defense as just another practice area. That doesn’t work. Your clients have everything riding on you, and if you can’t give it everything you’ve got, you’re going to find that managing client expectations is tough, and lack of familiarity in the different courthouses, and insufficient trial experience can and does result in State Bar complaints. Attorneys who have a lasting career in criminal defense, like Marc, know that to be a good criminal defense lawyer, you have to dedicate everything you have to the practice,” he says. Continuing he says with a laugh, “That’s why I don’t have hobbies. My life is 100% criminal defense, even on the weekends.”
PROVING HIS DEDICATION TO PROTECTING CLIENTS
“In life, we have to choose sides and that is why I could never be a prosecutor and accept whatever facts are given me as true. People provide statements under extreme situations, or when they are intoxicated, or exhausted from being interrogated and we are supposed to believe all of those statements are true,” Monder says. “I will always question everything until I get to the truth.” To that end, Monder says that it is a false assumption that criminal defense attorneys condone criminal behavior, or only represent ‘bad’ people. “Most of our clients are hardworking everyday people that have made a mistake. This practice is not about getting people off who have committed a crime. It is about seeking the truth and humanizing one another,” he explains. “When people contact me, they are going to hear the reality of their situation. We will discuss exposure, we will discuss whether or not the prosecution can prove the case, and I talk 18
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to them like I’m their friend. They don’t want to hear all about me. They want to hear whether or not I can help them. In some cases, I need time to do a little more research before I can answer them honestly. In those cases, I let them know that I will need to conduct more research into the case on my own before I commit. I’m not going to take someone’s money unless I believe that I truly can help them.” Monder’s devotion to being relentlessly honest with his clients does mean he is selective about the cases he takes. “I have to believe that I can truly help a client before I invest myself in to their case; that’s another way we distinguish ourselves, and our clients are happy with our results. We are not a high volume firm. We are focused on providing individualized attention to each and every client,” he adds. Monder’s clients deserve everything he has, because many clients are facing a whole lot more than just criminal charges. “Clients who face immigration consequences because of the criminal cases can be deported even when they have spent their entire lives here in the United States. For a lot of people, being torn away from your family is worse than being put in jail for something you didn’t do. This is one of the biggest issues we face in San Diego, being so close to the border,” he says. Because of this issue, Monder, who has been named to the Top 100 National Trial Lawyers list, been named a top 40 under 40 National Trial Lawyer, maintains a superb rating on Avvo, and has been named a 2015 and 2016 Criminal Defense Super Lawyer®, along with being named to the Best of the Bar lists in both 2015 and 2016, is continuing to build upon his firm’s complimentary immigration practice. “I am focusing on putting more attention towards these types of cases where individuals are looking at collateral consequences in light of being dragged into criminal court.” It is no surprise then, that Monder’s firm includes Spanish-speaking colleagues, to ensure “that nobody slips through the cracks even if cultural assimilation or language appears to be an issue,” says Monder. Finally, Monder’s relentless dedication to making sure that all defendants facing criminal charges (and their families) know that they have rights is evidenced through the free Crash Course Manuals Monder makes available to anyone by offering free downloadable copies from his firm website. “Most people or their families have no idea what to expect when they are charged with a crime. These manuals provide answers to so many questions. That way, they will already know a lot about how the basics of how the criminal justice system works and we can then have a more productive and efficient dialogue from the very start,” Monder says. Currently he offers both a DUI Crash Course for Dummies manual as well as a Criminal Crash Course for Dummies manual. Monder says that he plans to have both translated into Spanish and is already working on another manual providing tips for choosing a criminal defense attorney.
PERSONAL EXPERIENCE MATCHED BY TRIAL EXPERIENCE
Of course, Monder’s greatest asset to clients lies in his vast trial experience. “I am not afraid to go to trial and we often take
Š Bauman Photographers
Contact Vik Monder Monder Law Group www.monderlaw.com vik@monderlaw.com 619.405.0063 424 F Street San Diego, Ca 98101 20
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© Bauman Photographers
EXPERIENCE
cases to trial last minute,” he says. “Practicing criminal law exclusively has given me a lot of trial experience, that attorneys twice my age have never had.” A perfect illustration of just how invaluable his trial experience is can be seen through a recent victory by way of a not guilty verdict on all 7 counts of serious felony charges Monder’s client was facing. Monder had been hired just one week before the trial. “The judge in the case only gave me a week to prepare the case for trial and I had less than a week to go over the entire discovery. But I am always up for a challenge, if I know I can help,” he says firmly. Even more recently, Monder together with attorney Alex Ozols have been retained by Tieray Jones, who has been charged with killing his 2-year-old stepson Jahi Turner in 2002. At the time of Jones’ arrest, San Diego District Attorney Bonnie Dumanis said, “Jahi’s disappearance rocked the community to its core 14 years ago. It’s without a doubt one of the highest profile unsolved cases here in San Diego County.” Monder acknowledges that the high profile case will surely be covered extensively in the media, and says he is prepared for the fight, and looks forward to telling his client’s side of the story. “There are holes throughout the prosecution’s theory of the case. But Tieray Jones has retained the best legal team to bring those holes to light. We strongly believe in his innocence and we will fight until the end so he does not fall victim to our criminal justice system,” Monder says. With such passion for helping others, it is no wonder Monder often remains friends with those he’s helped long after their case is closed. “I have had my own experiences where I have hired an attorney that never answered my phone calls and did not care about my case. I never want someone to ever feel like I did not care. I try to help as many people as I can, even after their cases are over. If someone is on probation and is having a hard time getting a job, I often take it upon myself to terminate their probation early, get reductions in their cases and expunge their records to get them back on the right path.” “At the end of the day, my job is to protect people as if they were a family member in a very difficult situation. I get to know my clients, and often their families very well. This is a very personal relationship, and I’m glad to still go to lunch with many of my past clients.” Continuing Monder says, with noticeable passion in his voice, “Everyone is part of this community and the moment someone is charged with a crime it seems like society wants to strip them of their dignity. That’s why I plan to continue growing in auxiliary practice areas, but I have no desire to grow a large firm, where a client runs the risk of becoming just a number. “That’s what those accused of crimes become in the criminal justice system, just a number. We see reports every day in discovery packets and are told to treat them as truths or facts by the court. I will never accept that, when I have personally gone through the experience I had, when I saw my friend murdered. I certainly wouldn’t wish that experience on anyone, but it made me the person I am today.” n
» EDUCATION • California Western School of Law—L.L.M • Thomas Jefferson School of Law—J.D. • University of San Diego—Bachelors in Finance
» AWARDS • Top 100 National Trial Lawyers—2016 • Top 40 Under 40 National Trial Lawyers—2016 • Superb Rated Criminal & DUI Attorney by Avvo—2016 • Superlawyers in area of Criminal Defense—2015, 2016 • Attorney Magazine—Best of the Bar—2015, 2016 • SuperLawyers—Rising Star—Awarded to 2.5% of attorneys—2015 • San Diego Daily Transcript—Top Attorney—2013, 2014 • American Law Institute—Client Satisfaction Award—2014 • Client Satisfaction Award by Institute of DUI Attorneys—2014 • San Diego Daily Transcript—Top Young Attorneys Nominee—2012 • South Asian Bar Association—Member of the Year—2009
» CURRENT MEMBER & ASSOCIATIONS • DUI Attorneys of California • Criminal Justice Association • Federal Bar Association • State Bar of California • San Diego Bar Association • South Asian Bar Association of Southern California • California Attorneys for Criminal Justice • Consumer Attorneys of San Diego
ON E OF T H E
Good Guys
JOURNAL
-,(;<9,+ COMPANY PROFILE OF THE MONTH
RYAN MULLINAX, Founder of Allergic to Handcuffs, Has Earned a Rare Reputation for Integrity and Professionalism in the Bail Bonds Business by Jennifer Hadley
A
former corporate I.T. consultant, suffice it to say Ryan Mullinax, founder of Allergic to Handcuffs Bail Bonds, is not your typical bail bondsman. Indeed, for 15 years, Mullinax counted companies such as American Express, Microsoft, ESPN, JP Morgan Chase and Honeywell as clients. Today, however, his clients may not have the same name recognition as Fortune 500 companies, but their need is the same: they require Mullinax’s help. “My clients are people who need help to get out of jail. I do not judge, so no matter what a person is accused of, I will work to secure their freedom,” Mullinax says. Believing strongly that everyone has the right to defend themselves, Mullinax was first introduced to the bail bonds business years ago through an exgirlfriend. “Her family owned a bail bonds business in Arizona and asked us to partner with them. We did and after a couple of months, I saw how shady and unscrupulous the bail bonds business is,” he recalls. “Most people are in this business to make a buck. It can be very corrupt,” Mullinax says. “But there are people who haven’t done anything and have been thrown in jail. I believe in fairness, and I don’t need to take advantage of someone who is already going through something terrible.” Mullinax soon dissolved that business, and decided that rather than leaving the industry, he would make his mark by raising the bar of professionalism and integrity in the field, and first launched his own bail bonds business in Phoenix in 2010. Nearly four years ago, he opened his thriving San Diego business, Allergic to Handcuffs Bail Bonds. Now he’s setting his
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sights on expanding again, using the same business model that has been such a welcome relief to defense attorneys and their clients, in San Diego and Phoenix.
BAIL BONDS: THERE IS A BETTER WAY In order to distinguish himself from others, Mullinax built his business to cater to clients and attorneys, not to himself. “When people call Allergic to Handcuffs, they are getting me. I’m a one man show. I answer my phone no matter what time of day it is. If an attorney has a client locked up at 3:00am I’ll answer my phone and make sure their client is taken care of. I am the decision maker. I don’t have to get any higher authority to decide what kind of deal I can make to get someone out of jail,” Mullinax says. Obviously attorneys and their clients appreciate the fact that there are no middle-men to deal with when securing a bail bond; but beyond that, Mullinax’s business is entirely designed to take as much stress as possible off of his clients. “Having come from the I.T. background, I’ve streamlined my business so both clients and co-signers can do all of my paperwork online. I intentionally made it so that they don’t have to come to office at 2:00am to fill out paperwork in person. This is especially convenient for the mom or dad who wants to get their kid out of jail in the middle of the night. No one wants to be woken up by that jail call, much less drive to a bail bonds office. I do my best to make things as convenient as possible,” he says. In fact, Allergic to Handcuffs even has an app for an Android or iPhone that can be installed. “It has a Panic Button,” says
Š Bauman Photographers
Mullinax. “If a person is being arrested they can push this button and I will be notified, along with their emergency contacts. That way we can all work to get the client out of jail ASAP.” Mullinax is dedicated to ensuring a professional relationship with each client and/or their attorney often before the client even steps foot in jail. “If an attorney’s client has a warrant out for their arrest, I can post a bond for it without the client ever having to step foot inside a jail,” he says. Similarly, “If an attorney’s client is under investigation by the police and the police want the client to self-surrender and post bail, I can prearrange the bail with the client. That way, they don’t have to stress once they’re in jail. They’ll know I’ll be positing their bond for them.” Mullinax’s unflinching professionalism persists once clients have been released from custody. “I’m very flexible with payment plans. If someone needs more time to make a payment all they have to do is let me know. I’ll never hassle someone if they can’t make a payment on the day they said they would. I certainly won’t threaten to throw someone back in jail because they can’t make a payment. I get calls from attorneys all of the time because their client is being threatened by their bondsman. Not only is that unethical, it is illegal,” Mullinax says.
AN ASSET FOR CRIMINAL DEFENSE ATTORNEYS Mullinax’s commitment to customer service, which he says was instilled in him from his time in corporate I.T., has proven a true asset to attorneys, time and again. He boasts a 100% success rate with 1,275 motions, and says that he is happy to reinstate bonds for clients who have missed court dates for legitimate reasons. 24
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“Most bail companies will charge $150 for the very simple form that an attorney needs to have a bond reinstated. I don’t,” he says simply. Furthermore, he flat out refuses to pester attorneys during an open case. “Bail companies are known for harassing attorneys for each client’s court appearance minute order. This is a major hassle for attorneys and they are under no obligation to obtain them and send them to the bail company,” Mullinax explains. “After the client’s court date, I’ll just shoot the attorney a text and ask when their next hearing is, that’s all,” he says. Laid back, and lighthearted in conversation, Mullinax is friendly and easy-going, though he’s not afraid to speak up when it comes to shining a light on the bail bonds business, which is another reason he’s earned the respect of so many attorneys. In fact, Mullinax was a vocal supporter of Prop 47 several years ago. “Prop 47 allowed people accused of minor offenses to not be charged with felonies. Someone who is addicted to drugs doesn’t belong in a jail. They need treatment to help them get better. Most bail companies throughout California opposed this measure because it would hurt their bottom line,” he says. “I would rather see someone get the help they need instead of having to pay me to get out of jail.” For a guy who loves CrossFit, working out and craft beer, and who spent so much time in the corporate world, Mullinax is definitely an unlikely bail bondsman. “It can be a shady business. When I saw the unethical practices years ago, it led me to start my own business and do things differently. I like being my own boss, and I like being able to help people. I can already post bail anywhere throughout the state, but now that I’m established in San Diego and California, I’m going to expand into other markets, like Riverside and Orange County,” he says. n
“I met Ryan Mullinax several years ago when he first moved to San Diego. I quickly saw how hard he worked building up his bail bond business. Ryan was relentless in strategizing, meeting with various people, and advertising. Over the years, I have sent several people to Ryan who were in need of a bail bondsman. Ryan was always very quick to respond, and I have never had a complaint from any of these people about his services. In fact, many of them told me later how professional and helpful Ryan was to them. His honest advice to them was greatly appreciated. Simply put, I highly recommend Ryan Mullinax.” —Kerry Armstrong
“Ryan came highly recommended to me by a handful of other defense attorneys here in town. I had always been beholden to another company, out of convenience more than anything else. I took over a major felony case where Ryan’s agency had put up the bond and I was really impressed with how hands-on he was. He showed up in court, knew the defendant and his family, and just made everyone feel very at ease. Since then, I have referred all of my clients that need to post bonds to him, and he continues to impress me. In a business not known for its integrity, he is very much the exception and is always professional, ethical and responsive.” —Cole Casey
“I’ve known Ryan for years, and he’s one of the most consistent persons I know. I can call him any time of day or night, and always get a response within minutes, literally. I’ve had the pleasure of introducing Ryan to other attorney friends who also use Ryan’s services, and the reviews are always incredible. That’s what you get when you’re just a quality person both in your professional and personal life.” —Eric Ganci
“I have practiced as a criminal defense attorney for over 10 years. I have worked with numerous bail bond companies throughout my career. Ryan Mullinax has completely earned my respect. His bail bond company is the only company I trust to post bail for my clients. He is professional, compassionate, reliable, and ethical.” —Lindsey Mercer
“Ryan Mullinax is highly reliable, knowledgeable, and trustworthy. He is an excellent bail bondsman. I feel confident knowing that my clients are in good hands when they utilize his services. I would not hesitate to endorse Ryan and his work.” —Anna Yum
“Ryan is an extremely qualified professional who is able to deftly navigate the bail bonds system while remaining compassionate with his clients and their families. This unique skill sets him apart from others in his field.” —Jose Badillo
Contact Ryan Mullinax Allergic to Handcuffs Bail Bonds www.allergictohandcuffs.com ryan@allergictohandcuffs.com 619-512-4111 Attorney Journal San Diego | Volume 154, 2016
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3 Keys to Reaping the Rewards of Relationships by Stephen Fairley
Stephen Fairley is an international best-selling author of 9 books and 5 audio programs, including Practice Made Perfect for Lawyers (2005) and Becoming a Rainmaker: Business Building Strategies for Lawyers. Stephen has spoken to thousands of attorneys at state and local bar associations on topics related to marketing strategies for solo practitioners and small law firms. Sign up to receive Stephen’s report “Top 10 Mistakes Attorneys Make and How to Avoid Them” at www.rainmakerretreat.com
I
was recently coaching an attorney at a small east coast law firm who was lamenting how slow new business has become in the past few months. As we talked, I asked him, as I ask dozens of legal professionals every week, “What have you done in the past 3 months to build relationships with potential referral partners?” He mentioned going to lunch a few times and speaking with a couple over the phone when they made a referral to him. I asked him to open up his Outlook contact database; there were more than 200 non-client contacts in it including: accountants, financial planners, angel investors, business brokers, and private investment bankers. Here are the 3 keys I shared with him to develop the relationships in his “golden Rolodex.”
Take an Active Role, Not Passive There is an old Jewish saying: “A man who has friends must show himself to be friendly.” Don’t wait for someone to take the initiative and contact you—be the first to reach out. In the last year we have coached and trained more than 2,500 attorneys and the Rainmakers are the ones who make at least 3-4 contacts with potential referral sources every week. Action Step: Take 2 minutes and scan your contact list. Select 12-15 names of potential or current referral sources and send them an email or better yet, pick up the phone and call them with an invitation for lunch or coffee. Set up 3 face-to-face meetings per week for the next month. Here’s a sample script: “It’s been a while since we’ve connected. I was wondering what your schedule looks like for the next week. I’d like to get together with you for lunch or coffee, just to catch up— my treat. Let me know what dates would work better for you.”
Increase Frequency of Contact Try as we might, it’s difficult with our hectic schedules to meet with every potential referral source on a regular basis. Here’s one strategy I teach legal professionals: Set up a Google Alert 30
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for a specific phrase that would be of interest to your referral sources such as “becoming a rainmaker.” Collect interesting articles and keep them in a separate folder (Referral Articles). Once a month pull one out, print off a bunch of copies and attach a brief handwritten note on each copy (“I thought you might enjoy this article.”). Enclose your business card and mail a copy of the article to all of your referral sources. Several of my clients have doubled and tripled their referrals in 6 months using this simple technique to stay in front of their referral sources on a frequent basis. You can set up a Google alert at: www.google.com/alerts
Focus on Serving Not Selling When you meet with referral sources don’t make the mistake of dominating the conversation. You are there to listen and learn, not hear yourself talk. Any attempt to “sell” them on your services will be a complete waste. Look for ways you can serve them and their clients by connecting them with other resources or pointing them in the right direction regarding a legal issue. Ask a lot of questions about their business. For example:
• How did you first get started in your line of work? • What are some of the major trends in your industry? • What kinds of challenges do you face? • What do you like best/worst about your job? • And here’s the most important question: How will I know if I’m talking to someone who’s a good referral for you?
Educate them about your Ideal Target Market and how you can benefit their clients only after you have carefully listened to them. Rainmakers don’t wait for the door to knock or the phone to ring or the referral to come in. They take the initiative, stay in touch, and focus on serving their referral sources, not selling them a service. Remember, people will forget what you tell them. They may even forget your name, but they will never forget how you made them feel. n
Charles Field
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