SAN DIEGO
Volume 190, 2019 $6.95
5 Keys to Effective Law Firm Divorce
What Does It Mean to Develop Your Personal Brand?
Lindsay Griffiths 23 Secrets that Build Client Loyalty
Trey Ryder
Why the Legal Industry Can Handle the Next Recession
Michelle L. Fivel and Robert Graff
Andrew Jillson How and Why Employers Use Recruiters
Joanna Herman Going In-House: What Law Firm Partners Need to Understand
Deborah Ben-Canaan and Lauren Drake
Is the Sky Falling Yet? 2019 Law Firms in Transition Survey
Merry Neitlich
Attorney of the Month
Jeremiah Lowe,
Gomez Trial Attorneys, San Diego Taking a Therapeutic Approach to Trial Law
GOING TO TRIAL – NEED EXPERIENCED HELP?
SPECIALIZING IN BET-THE-COMPANY CASES OVER 65 YEARS OF COMBINED EXPERIENCE REFERRALS/SUBSTITUTIONS ACCEPTED AT ALL STAGES OF LITIGATION, INCLUDING TRIAL • Complete defense jury verdict for firm client in real estate dispute in Batter v. McElhinney, et al. (2019)(Jason Kirby). • $2.1 million jury verdict for firm client in Doe v. San Diego Unified School District, et al. (2018)(Jason Kirby & Michael Kirby). • $1.1 million arbitration award for firm clients on cross-complaint after zeroing plaintiff on $6 million damage claim in Step Strategy Advisors v. Solid Gold Health Products for Pets, Inc., et al. (2018)(Jason Kirby lead counsel). • Michael Kirby received the 2019 Best Lawyers in America® distinction for (1) Bet-the-Company Litigation, (2) Commercial Litigation, (3) Litigation – Real Estate, and (4) Litigation – Securities.
501 West Broadway | Suite 1720 | San Diego, CA 92101 | 619-487-1500 | www.kirbyandkirbylaw.com
WITH US, BUSINESS IS PERSONAL Always Get The Red Carpet Treatment At Jilio-Ryan DEPOSITION SERVICES
VIDEO SERVICES
ONLINE & MOBILE SERVICES
•Certified Court Reporters
•Certified Legal Videographers
•Online Deposition Scheduling
•Court-Appointed Official Reporters
•Video Conferencing
•Online Document Repository
•Certified Legal Interpreters
•Video Deposition Streaming
•Jilio-Ryan Mobile App
•24/7, Last Minute Scheduling
•Video Transcript Synchronization
•Mobile Transcripts
•Nationwide Deposition Coverage
•Digital Deposition Streaming
•Productivity Enhancing
•Deposition Suites, Conference Centers
•Video Editing Tools
Transcript Tools
•Realtime Depositions •Electronic Transcripts •Electronic Transcript CD •Litigation Support Software Integration
Over 100 Years Combined Court Reporting Experience
•Complete Case Management
W W W. J I L I O R YA N . C O M
800.454.1230
2019 EDITION—NO.190
TABLE OF CONTENTS 6 Is the Sky Falling Yet? 2019 Law Firms in Transition Survey by Merry Neitlich
8 Going In-House: What Law Firm Partners Need to Understand
6
by Deborah Ben-Canaan and Lauren Drake
12 How and Why Employers Use Recruiters
EXECUTIVE PUBLISHER Brian Topor EDITOR Wendy Price
by Joanna Herman ATTORNEY OF THE MONTH
CREATIVE SERVICES Penn Creative
16 Jeremiah Lowe, Gomez Trial Attorneys Taking a Therapeutic Approach to Trial Law
CIRCULATION Angela Watson PHOTOGRAPHY Chris Griffiths
by Dan Baldwin
STAFF WRITERS Dan Baldwin CONTRIBUTING EDITORIALISTS Merry Neitlich Andrew Jillson Michelle L. Fivel Robert Graff Trey Ryder Lindsay Griffiths Joanna Herman Deborah Ben-Canaan Lauren Drake WEBMASTER Mariusz Opalka ADVERTISING INQUIRIES Info@AttorneyJournal.us SUBMIT AN ARTICLE Editorial@AttorneyJournal.us OFFICE 30211 Avenida De Las Banderas Suite 200 Rancho Santa Margarita, CA 92688 www.AttorneyJournal.us ADDRESS CHANGES Address corrections can be made via fax, email or postal mail.
16
22 Twenty-Three Secrets That Build Brand Loyalty by Trey Ryder
24 What Does It Mean to Develop Your Personal Brand? by Lindsay Griffiths
26 Why the Legal Industry Can Handle the Next Recession by Michelle L. Fivel and Robert Graff
28 Five Keys to an Effective Law Firm Divorce: Being Smart When the Thrill Is Gone by Andrew Jillson
26
Editorial material appears in Attorney Journals as an informational service for readers. Article contents are the opinions of the authors and not necessarily those of Attorney Journals. Attorney Journals makes every effort to publish credible, responsible advertisements. Inclusion of product advertisements or announcements does not imply endorsement. Attorney Journals is a trademark of Sticky Media, LLC. Not affiliated with any other trade publication or association. Copyright 2019 by Sticky Media, LLC. All rights reserved. Contents may not be reproduced without written permission from Sticky Media, LLC. Printed in the USA
REFERRAL & CO-COUNSEL RELATIONSHIPS
Your
NEVADA
PERSONAL INJU RY PA RTNER
NEVADA’S LARGEST & HIGHEST RATED INJURY LAW FIRM Your
NEVADA
“Rick is one of the best lawyers in the country. I call him every time I have any issue in Nevada and would not hesitate to refer him any type of case ofPERSONAL any size.” INJURY PA RTNER ~ C. Michael Alder, Esq., Alder Law, Los Angeles, California CAALA Past President and Former Trial Lawyer of the Year
“I recently co-counseled a serious Las Vegas injury case with Rick Harris and his law firm. Rick’s advocacy and skills are extraordinary, and were instrumental in resolving and maximizing our client’s sizable recovery.” ~ Carl Wolf, Esq., Callaway & Wolf Northern California Super Lawyers San Francisco, California
© 2016 RHLF
Is the Sky Falling Yet? 2019 Law Firms in Transition Survey by Merry Neitlich
T
he results of the 2019 Altman Weil annual Law Firms in Transition survey are receiving well-deserved interest from law firm leadership. This year, 362 law firms participated in this annual benchmarking survey. The good news is that most law firms are experiencing improved financial performance. And the issues surrounding what clients are expecting is becoming clearer. Lawyers are busier, per se, and many firms have raised rates.
... almost all firm leaders agree that the pace of change will remain high or even accelerate. According to the results, managing partners have long accepted the fact that there is a permanent trend in how the practice of law is and will be practiced. Change is continuing. But increased profits have some law firm leaders relaxing a bit about the impending discussions of “doom” about how the practice of law is changing. Is the sky really falling? Apparently, the sky has not fallen. But at the same time forwardthinking firm leaders recognize that high collaboration with firm clients is increasingly essential. And according to the survey, almost all firm leaders agree that the pace of change will remain high or even accelerate.
What Do Clients Want? While clients may not be looking for the low-cost leader, they are seeking greater transparency and accountability in the delivery of legal services. Over 50% of the firms responded that they are invested in capturing data on the cost of their services. The basics of strong experience and expertise along with a high level of communication, good service and efficient processes remain important criteria for clients when choosing outside firms. And a whopping 96% of law firm leaders agreed that a focus on increased efficiency, and perhaps with it better predictability and innovation, are areas clients are seeking. 6
Attorney Journals San Diego | Volume 190, 2019
A clear, strong and distinctive law firm brand remains important to clients. About half of the respondents of this year’s survey said their firms are clearly differentiated from the competition. But what about those firms that have yet to go through a brand development process to identify, codify and implement a clear brand which consistently supports and reflects their unique distinctions? These firms make it difficult for clients and potential clients to understand why a firm with a muddled brand should be chosen. The survey results report 78% of firms have created a more collaborative culture resulting in improved firm performance. Altman Weil suggests compensation systems should reward increased collaboration and better client service. ... demand for law firm services has been flat for years and the acquisition of new clients is essential for continued growth and sustainability. The survey did not explore additional issues that are increasingly vocalized by legal departments such as which technologies are preferred, how they use artificial intelligence, or how to incorporate problem solving solutions such as process mapping to minimize pain points. Altman Weil’s 2019 survey states that the demand for law firm services has been flat for years and that the acquisition of new clients is essential for continued growth and sustainability. And, according to the summary, managing partners are highly concerned about the impending recession. The sky may not be falling, but savvy law firm leaders are making sure their firms are realistically facing the changing landscape in the practice of law to secure their futures. n Merry Neitlich is Managing Partner of EM Consulting and an affiliate consultant with Lean Six Sigma. With over 25 years of experience, Merry provides clients with tools to grow their business and to successfully identify, court and convert targets into clients working with the principles of teaming and collaboration. Learn more at www.emconsults.org.
“Big Law” to Boutique Plaintiffs Firm - Backgrounds from Morrison & Foerster, DLA, Cooley, Luce Forward and U.S. Dept. of Justice Our attorneys have tried over 35 cases and have recovered over $100 million dollars in verdicts and settlements
Court Appointed to Plaintiffs’ Leadership for Several Ongoing Mass Tort/JCCP Cases
We pay generous attorney referral fees on all cases consistent with ethical guidelines
Fox Law, APC | 858-256-7616 | info@foxlawapc.com The Plaza Building | 225 West Plaza Street, Suite 102 | Solana Beach, CA 92075
GOING IN-HOUSE
What Law Firm Partners Need to Understand by Deborah Ben-Canaan and Lauren Drake General counsel roles are often looked at as the “holy grail” in a lawyer’s career. These roles are finite—and tend to be highly desirable and extremely competitive. Organizations in need of a GC can often be picky, looking not only for previous inhouse, industry and management experience but also the right cultural fit. When a general counsel role becomes available, there is typically a long list of exceptional candidates interested in and vying for the role. For some law firm partners, there is a desire to move into a general counsel position and an assumption that their status and experience will automatically translate into this role. While this can happen on occasion, it is unfortunately not the norm. This doesn’t mean a law firm partner cannot go inhouse, however; they may just need to adjust their expectations in terms of timing, career path and compensation. If you are a law firm partner looking to move in-house, here are some things you may want to consider in order to determine whether an in-house role will bring you the satisfaction you think it will.
Things to Consider With a Move In-House 1. You’re making the shift from revenue generator to overhead expense. Lawyers who are new to the corporate environment might be surprised at the notion that the legal department is overhead and doesn’t typically contribute to revenue. “Business culture and law firm culture are vastly different,” says Mary Jane Saunders, GC of Beer Institute, who was a partner at a prestigious firm before going inhouse. “While partners in a firm are put on a pedestal, a company lawyer is considered a cost center.” According to Saunders, a GC coming in from the outside must find a way to bring value to the company by 8
Attorney Journals San Diego | Volume 190, 2019
providing indispensable and sought-after legal counsel. Value is found in being a true business partner to the business and C-suite. Surrendering your role as a revenue generator often means surrendering the degree of control you have over your own destiny. As in-house counsel, frequently you are not in the driver’s seat when it comes to making decisions. Being a law firm partner with a successful, revenue-generating practice may give you greater decision-making authority than you would have in a corporation—and a greater ability to steer the course of your own career.
2. You’ll have fewer support resources. The firm environment is typically set up to enable partners to practice at the highest level, with ample support staff and the latest software tools. But in a corporate environment, being a cost center also means you’re last in line for wish-list items. You may not always get approval to buy what you need—including technology that makes your job easier. Depending on the organization, in-house resources can be scarce—and sometimes headcounts shrink unexpectedly. While some GCs are blessed with an executive assistant, others may have to share an assistant (and do their own photocopying). GCs must shift their thinking from being a solo practitioner to operating as part of a team unit.
3. There’s a learning curve. Many seasoned law firm partners are shocked when they go in-house and realize they have much yet to learn. “One of the mistakes litigators make when looking for a partner-level position in-house is they think they don’t need to know much about the actual business,” says Saunders. “But you can’t come in completely blind. In-house, you have to have a substantive base, whether in law or business.”
Partners who enter as GCs typically don’t have a long ramp-up period. Rather, it’s the proverbial trial by fire. “You have to be able to hit the ground running and learn as you go.”
4. Your job as a lawyer will change. As a GC, you must think about the lawyer role in a completely new way. You become a partner to the organization versus being an outside party. In this capacity, you must be concerned about business, reputational and financial risk as well as legal risk to the business. “In a law firm, you’re doing the job you were trained to do,” says Liz Sacksteder, partner at Paul Weiss. “But a senior in-house role requires a lot of skills they don’t teach you in law school, like building consensus, management, and working with a financial team, external auditors, investor relations and the press. And you must advise on matters that are way outside your expertise and comfort zone, so key attributes include the ability to get up to speed quickly and provide a definitive recommendation in real time.”
The GC role can involve more responsibility than a law firm partnership, including many areas that aren’t purely legal and have a direct impact on the business. For some lawyers, this is a big plus. “Learning on the fly was one of the things I found energizing,” says Sacksteder, who went in-house for 12 years and then back to the law firm environment. “I feel like I’m a much better professional today because of it.” Saunders and Sacksteder agree that the GC role is a good fit for partners who are truly interested in learning the ins and outs of a business organization. Sacksteder also points out that communication skills are a must. “Inhouse, you need to have good interpersonal skills and the ability to build consensus. You’re working with a variety of different people every day—including non-lawyers at all levels of the organization.”
5. You’ll face new kinds of pressures. Law firms tend to strive for perfection in all they do, and they take the time to get it right. But in a corporate setting, tight timeframes are the norm. You’re expected to make decisions and come up
Attorney Journals San Diego | Volume 190, 2019
9
with sage advice quickly—even if you don’t have all of the relevant information on hand. This can be a challenge for partners who don’t perform well under pressure—or are perfectionists intent on delivering A+ work all of the time. “You have to be willing to make a decision and accept the consequences if that decision turns out to be the wrong one,” Saunders explains. “As a GC, it’s more about getting it done. This doesn’t mean you don’t care about quality, but the speed of the job is innately different. You have to be a risk taker in the context of the business.” GCs often have to navigate between management and the board of directors and can find themselves in the difficult position of delivering bad—and unwelcome— news to stakeholders. The nature of the role has led to a stereotype of in-house lawyers being obstructionists whose job it is to say no. This perception—even if it’s not aligned with reality—can be a tough pill to swallow.
6. The hours aren’t necessarily shorter. Many delve into the corporate legal realm expecting a consistent 9-to-5 schedule, with increased flexibility. However, as Saunders has learned, “I don’t work fewer hours in-house than I did in the law firm world. As a GC, you’ll know when meetings are scheduled, but you can’t foresee what critical and urgent issues will rear their heads—or when.” A company’s needs can be unpredictable, and lastminute projects that involve late nights and weekends are not unusual. Moreover, if the company is large and multinational—or in the midst of a crisis—you could be expected to travel at a moment’s notice. Explains Sacksteder, “The rhythm is very different inhouse. You have a huge portfolio and you’re going from meeting to meeting all day long. Some of them involve substantive legal work, but others are more managementoriented. You have to embrace your management responsibilities because in a way, you are running your own law firm, and you have to do it on a budget. ”
How to Make the Move In-House Despite its nuances, the in-house environment can bring a new level of exhilaration and career satisfaction to some. “There is a certain excitement about being in a senior role where you’re responsible for an entire portfolio of problems,” says Sacksteder. “You can see how all the pieces fit together and have to try to figure out how to manage the issues holistically.” Many lawyers enjoy the opportunity to learn how a business works, which can be appealing to people with an
10
Attorney Journals San Diego | Volume 190, 2019
entrepreneurial streak, and also that they do not have to be in sales mode all the time. “I really enjoy the work; I work hard and exercise my brain a lot,” explains Saunders. “It’s a different kind of challenge to be the decision-maker and the responsible party in a big legal department.” If you’re interested in an in-house role, it’s a good idea to talk with an experienced recruiter who can help you determine if this is the right decision for you—both personally and professionally. Many organizations want solid in-house experience before appointing a lawyer as GC. Considering a lower-level position in-house and working your way up could better prepare you for the demands of the role. Also, keep in mind that relationships are key in the legal field. Working the connections you’ve cultivated over the years can give you a solid “in” to a company once you’re ready to make the transition. Law firm partners can oftentimes have strong relationships with clients who would be thrilled to hire them in-house. These clients know the partner’s strengths and are often less rigid about making sure the skill sets are a 100 percent match—they just know the partner is smart and capable and would be a terrific addition to their team.
Finding a Better Opportunity If you find that moving in-house is not the right option for you, or if finding the right in-house fit within your geographical requirements proves elusive, you may want to consider exploring opportunities with a different law firm. Sometimes the desire to move in-house is presaged by dissatisfaction with some aspect of your current job. Not all law firms are the same; it is possible you could find what you are looking for—e.g., a different culture, a different platform, greater autonomy or leadership opportunities, etc.—at another firm. Whether it’s a law firm or legal department, what matters most is finding an organization that’s a synergistic fit with your personality, strengths and career aspirations. n Deborah Ben-Canaan is a Partner at Major, Lindsey & Africa and the leader of our Washington, D.C., In-House Practice Group. In her 18 years as an executive search consultant, Deb has placed more than 800 senior-level legal leaders in corporate legal departments across the U.S. and assisted her U.S. clients in making strategic placements overseas with the support of our EMEA and APAC teams. Lauren Drake is a Managing Director at Major, Lindsey & Africa in their Partner Practice Group. She specializes in representing and placing partners, counsel and groups into top global, national, regional and local law firms in the Washington, D.C., metro area. To learn more, please visit www.MLAGlobal.com.
After each case, we donate a portion of attorney’s fees to a nonprofit chosen by the client.
HOW AND WHY Employers Use Recruiters
by Joanna Herman
When Companies Use Recruiters For in-house legal positions, companies use recruiters for a variety of reasons, explains Joanna. In-house searches can be quite difficult in terms of finding the right person for a specific role in a legal department. Since such hires may only happen rarely, a company may not have a talent acquisition group or the expertise and understanding of the legal market to know how to vet for the specialized skills that the company may need. Additionally, companies sometimes retain a search firm to serve as an independent arbiter, as a search firm is able to consider a range of internal and external candidates without bias toward a particular outcome. Using a recruiter makes it clear that the company considered a large pool of candidates before making the hire.
When Law Firms Use Recruiters Interestingly, the law firm recruiting industry has grown out of the legacy of gentility associated with legal practice. Keith explains that, unlike in other industries where a company may have an internal staffing office that recruits from competitors, in the law firm world it has historically been considered bad 12
Attorney Journals San Diego | Volume 190, 2019
form for a law firm to try to recruit a partner directly from another firm. The partner and associate recruiting business came about to bridge this gentility gap. It has long been viewed as completely appropriate for a law firm to put together a list of candidates from competitors to present to a recruiter, or to be presented with candidates by a recruiter.
Contingent vs. Retained Search As discussed in part one of this series, law firm searches are conducted on a contingent basis, meaning that a firm only pays a recruiter after a candidate is hired and begins working. Inhouse searches, on the other hand, are almost always done on a retained basis, meaning that a recruiter signs an agreement to search for a candidate, and is paid in installments during the course of the search. As a result, associate and partner recruiting is somewhere on a continuum between looking to fill a particular opportunity and taking advantage of an attractive candidate in the market. Recruiters shop candidates to multiple firms and will be paid by whichever firm ultimately hires that candidate. For instance, Morrison & Foerster’s lateral partner hiring varies greatly year to year, depending on its needs and the lateral partner candidates
available in the market. However, when a large corporation is looking for a Deputy General Counsel in charge of Intellectual Property, they have a real need to fill this role, so they hire a search firm to get the job done. Unlike with law firms, there is nothing opportunistic about in-house searches. As Joanna explains, legal hires for a company are very strategic; since the legal department does not generate revenue, a company needs to have a need and budget for each hire.
How Recruiters Source Candidates In the retained search model, recruiters conduct a lot of research. At MLA, for instance, recruiters have access to a database of candidates that has been developed by MLA over the last 30 years. “We also utilize our core network of over a hundred recruiters across the world who specialize in legal recruiting,” notes Joanna. “We send out emails to our colleagues saying ‘We have a great search. Do you know of anyone?’ We also have a great research department and access a variety of sources to find the right candidates for the role.” Candidates are also able to apply directly through MLA’s job postings site, which includes all public MLA searches, as well as many others. On the law firm side, recruiters do a fair amount of cold calling—reaching out to potential partner and associate candidates whom they only vaguely know or do not know at all. The goal of these calls is to engage potential candidates in a conversation about their careers. Keith is surprised by how often these calls are fruitful. He will call a potential candidate who will say, “You know, people called me all the time, and somebody just caught me on the day when I was really frustrated, and I decided to explore options.” A candidate will also sometimes not be interested in that particular opportunity but will be open to discussing other options. Recruiters often meet with law firm leaders to understand what they’re looking for and to learn more about their firms. This information allows recruiters to better inform candidates about their choices. These relationships also benefit a candidate who is being considered by multiple firms simultaneously, as these relationships give the recruiter the ability to time conversations in a way in which no firm feels like they’re being treated like a fallback firm. Additionally, recruiters are able to gain knowledge about different firms by hearing from active candidates about the reasons that they are looking. Keith explains, “For example, someone leaves Firm A, and that creates an opportunity at that firm for someone just like the person you spoke to six months before whose issue was about not having headroom in the practice to develop themselves. You find yourself with a square peg and a square hole.” In sum, recruiters can serve as a bridge between law firms and candidates. The recruiter’s relationships, and the information that he or she learns day to day, facilitate good matches.
Speaking to Recruiters Along the Way In order to be best positioned in the legal market, it is crucial for attorneys at all levels to talk to recruiters. Joanna recalls, “I remember that, as an associate, I would get calls and think, ‘Oh, I’m not interested in moving to New York.’ But building relationships with recruiters can help you to keep a critical eye on your career path and your plan for the next five or ten years. Often attorneys will have their head down in day-today work, and spend five or six years at a firm; then they lift their head up and take a deep breath and say, ‘Okay, what’s the next step? Where am I going?’ They’re not thinking the process through all the way along the course of their career as they should be.” These conversations with recruiters can serve as a temperature check, as well as an opportunity to lay the groundwork to be considered when the right opportunity comes along. As an example, Joanna explains, “When I have spoken to Bob in the past, and found him to be a great candidate, Bob’s probably going to be one of the first people I think of when I hear of a new search.” She adds that having these conversations also conveys the lay of the land to candidates, giving them the word on the street about different firms and organizations, so that the candidate is more prepared when an opportunity presents itself. Keith describes another benefit of entertaining these conversations—when an opportunity is not right for you, it gives you the chance to refer it to someone else. That could be your colleague down the hall who you know isn’t happy, or a law school classmate you had drinks with the other night. Being able to help someone get a job is a highly valuable networking tool.
The Long Game In sum, understanding how candidates are sourced should serve as a reminder that, in most cases, a successful job transition will be a marathon, not a sprint. Candidates need to have patience, remember to stay in touch with recruiters, and understand that finding the right opportunity is not going to happen overnight. n Joanna Herman is a Managing Director with Major, Lindsey & Africa in their In-House Practice Group and brings significant contacts and experience in the Southern California legal market to her practice, helping build and strengthen in-house legal departments. Keith C. Wetmore is a Managing Director in Major, Lindsey & Africa’s San Francisco office and represents partners and groups in placements into top law firms across the country. To learn more, please visit www.MLAGlobal.com.
Attorney Journals San Diego | Volume 190, 2019
13
IRVINE’S PREMIER FAMILY LAW FIRM
CONSTRUCTION CASE TO REFER? WE WELCOME AND APPRECIATE YOUR CONSTRUCTION REFERRALS CONSTRUCTION LAW • CONSTRUCTION INJURY CONSTRUCTION DEFECTS • CIVIL LITIGATION
Shawn D. Morris • 30 years of experience • Over 250 construction-related claims • Appeared in almost every jurisdiction in California
California Office
9915 Mira Mesa Blvd, Suite 300 San Diego, CA 92131 Telephone: (858) 566-7600 Fax: (858) 566-6602
• Successfully completed over thirty jury trials • Member of the prestigious American Board of Trial Advocates (ABOTA®)
Nevada Office
(New address!) 3960 Howard Hughes Parkway, Suite 420 Las Vegas, NV 89169 Telephone: (702) 405-8100 Fax: (702) 405-8101
www.morrissullivanlaw.com
Arizona Referral & Co-Counsel Relationships ONE OF ARIZONA’S LARGEST CONSUMER LAW FIRMS
Kurt Maahs Attorney
Phillips Law Group, P.C.
Timothy Tonkin Attorney
Phillips Law Group, P.C.
kurtm@phillipslaw.com Text Jeffrey with any Arizona Law questions.
Attorney
Phillips Law Group, P.C.
timt@phillipslaw.com
(619) 252-4829
Since 1993. Over 145,000 Clients Served.
Phoenix, Tucson and all of Arizona. Generous Referral Fees Paid.
(800) 706-3000
TAKING A THERAPEUTIC APPROACH
to Trial Law Concerns Over Unethical Business Practices Lead to a Career Providing a Voice for the Voiceless “Being able to stand up for those who cannot stand up for themselves is the greatest privilege in the world. While it often feels like a David vs. Goliath fight in the personal injury practice, especially with the continuous onslaught of tort reform, the feeling of triumph against all odds continues to inspire me,” says Jeremiah Lowe, Partner in Gomez Trial Attorneys. Lowe comes by those strong feelings naturally. His mother is a practicing therapist and his father is a trial lawyer. He vividly remembers seeing how they helped clients through traumatic life circumstances in completely different professions. “Seeing how they passionately fought for those who were in need of a voice, inspired me to do the same. Each of us focuses on our client’s true needs and on how we can best help them. It’s a very therapeutic approach to the law,” he says. This therapeutic approach has led to Lowe having remarkable success in the courtroom. His most recent three trials over the last year have each resulted in seven-figure verdicts, totaling approximately $12,000,000. The most recent verdict was in April 2019, when he obtained a significant verdict in a lumbar spinal fusion case in excess of $2,700,000. Lowe attributes his success in the courtroom to spending quality time with his clients outside of an office setting and getting to know their story on a deep level.
PATH TO A CALLING The drive to speak for those who cannot speak for themselves through the law came while Lowe was working as a sales agent for a firm marketing debt consolidation packages to individual people and families struggling with dire financial stress. The firm sold goods and services based on a script rather than discovery of the clients’ real needs. He noticed that many dissatisfied customers were calling back three and four months after purchasing the product. Realizing the
16
Attorney Journals San Diego | Volume 190, 2019
ATTORNEY
OF THE MONTH
Victoria Lazar – Associate Trial Attorney, Laura Saucedo – Paralegal, Jeremiah Lowe – Partner, Juan Villamil – Legal Assistant
2019
© Bauman Photographers
JOURNALS
existence of a serious problem, he quit and reported the firm to the Better Business Bureau. “I immediately decided to go to law school. I knew my calling was to help victims of wrongdoing. I began law school with the thought that I want to be the voice for these people who are being taken advantage of—a voice for the voiceless. During law school, Lowe worked for Craig McClellan and John Gomez as a second-year law clerk. After graduating law school, Lowe continued working for McClellan but had a rude awakening as a first-year attorney when suddenly faced with the responsibilities and stress of being an attorney with the lives of others in his hands. At times he felt overwhelmed and inadequate, he says. “I knew that if I wanted to excel, I would have to work harder than anyone in the room and hone my litigation skills. It was that experience of failure and awesome sense of responsibility that ultimately led to tremendous growth and ultimately the success I have had in this practice.” Lowe went on to work with Walters & Caietti, where he learned the defense side of litigation. While the experience at Walters & Caietti was a positive one, he understood that representing insurance companies was not the career he wanted to pursue. He wanted to be on the side of the people. John Gomez called in 2009 to offer a position in his expanding plaintiff’s personal injury practice. “That decision was a ‘no brainer’ for me,” Lowe says. “I knew I could learn so much from John. It has been a true privilege working for John over the last ten years with an amazing group of lawyers. It is a total team environment.” Over the years, Lowe’s practice areas have evolved. For the past several years he has specialized in spinal and orthopedic injury cases, as well as other catastrophic injury cases. He has also developed a niche practice area pursuing wrongful death cases against for-profit residential drug and alcohol treatment providers. A key motivation to pursue that niche was a 2018 case involving a man who sought help from a residential drug and alcohol treatment provider. The decedent, Shaun Reyna, died within 24 hours of entering the defendants’ program. The jury ultimately held the treatment company responsible and returned a verdict awarding the family $7 million dollars. Lowe says that this $35 billion dollar-a-year industry is tainted by fraud and neglect, with companies preying on some of the most vulnerable and desperate people in society. Such companies make a lot of money warehousing extremely vulnerable people who need specialized medical attention and care. He believes the families of these people are victims, too. They trust these companies to take care of their loved ones. It is the ultimate betrayal. “It boils down to companies promising specialized medical care to these individuals and ultimately not having the resources, doctors, and sometimes not even the proper license to provide that level of care. And people are needlessly dying as a result. I’m very passionate about helping victims of corporate greed in the drug addiction/ treatment industry, because what you have in this industry is forprofit businesses coming in and taking advantage of people who are most vulnerable and in need of help,” Lowe says. 18
Attorney Journals San Diego | Volume 190, 2019
A $4 MILLION FRENCH FRY A formative case with a dramatic impact on the direction of Lowe’s career occurred during his first year with Gomez Trial Attorneys. The firm represented a catastrophically brain injured girl, Ashley, who had been involved in a head-on crash with another vehicle that had been rear ended, tossing the vehicle into their client’s lane of travel. The challenge was trying the case against the driver who had been hit from behind. Through forensic evidence they were able to prove that the defendant had actually engaged in hard braking, which was the catalyst for the rear-end impact. Aside from liability, a key dispute in the case was the girl’s life expectancy. The defense did not dispute that she needed full-time assisted care, but took the position that because she could not feed herself, her life expectancy was substantially less than a life expectancy of someone who could feed herself. The difference in life expectancy translated to a difference of approximately $4 million in the competing life care plans. The defense expert testified about Ashley’s reduced life expectancy based on her inability to feed herself. When the session broke for lunch, Lowe observed Ashley struggling to put a French fry into her mouth. Having spent so much time with her, he knew she could do it. He immediately pulled out his phone and started recording. “I watched as Ashley struggled to slowly pick up a French fry and ultimately put it in her mouth. While it was obviously difficult for her to do, she was heroic.” Following the lunch break, Lowe was put on the stand where he testified about the foundation for the video. When the defense expert resumed the stand and was presented with the video, he changed his opinion and extended her life expectancy, adding $4 million back into the life care plan. Lowe says, “We talked about that moment as the ‘$4 million French fry.’”
360 DEGREE CLIENT SERVICE Lowe credits much of his success and that of Gomez Trial Attorneys to two key factors: credibility in the courtroom and an exceptional attention to client service. He says, “I do think there is an importance to credibility in the courtroom. If someone is looking for a lawyer, they should ask the lawyer if they go to trial. Do they try cases? If you never try cases, why would an insurance company pay you the full amount of justice when they know you’re not going to take them to the mat? The insurance adjusters I deal with know I’ll take the case to trial. That knowledge leads to better recoveries. If an attorney never goes to trial, the adjusters know that.” He firmly believes that client service goes beyond representation in court or negotiations or in giving legal advice. “It is not just about what I’m going to do to get you the biggest recovery. It’s about how I am navigating your needs throughout the process— making sure you’re getting to the right doctors, getting the right care, being protected in your job. It’s all about knowing the client and addressing their needs. I look to provide 360 degree client service, not just ‘here’s what we’re doing on the case.’”
Š Bauman Photographers
© Bauman Photographers
EXPERIENCE
Lowe emphasizes that an attorney must be present in the moment and mindful about what is going on in trial, but equally important is a clear insight into the true needs of the client. He focuses his time and energy in getting to know clients and their stories on a deep level by spending time with them and their families outside of the office. By forming a relationship with them, he believes he is much better at telling their story. “At the end of the day the case isn’t about us, it’s about our clients. If you don’t take the time to get to know your client, you cannot provide them with the best representation. This is a client-oriented business and the client is everything.” Clients and other attorneys agree on Lowe’s abilities. Norman Pokorny, Esq. wrote a tribute stating, “I recently had the pleasure of trying a very difficult case with Jeremiah. He is a true professional and a seasoned trial attorney. His courtroom skills in combination with his work ethic make him unstoppable. We were successful on behalf of our client and the jury awarded more than twice the defendants’ top offer. Jeremiah always has the client’s interest at heart and fights to ensure that justice is done. He is the type of trial attorney you always want on your side.”
LIVING IN AND GIVING BACK TO SAN DIEGO Lowe has been a San Diego resident since 2002. He and his wife, Sarah, were married in 2012. They have a 5-year-old daughter, Natalie, and a six-month-old daughter, Emily. For the last three years he has served as a co-chair for Consumer Attorney of San Diego’s outreach committee. He and other members of the firm are involved in non-profit organizations throughout San Diego including the San Diego Brain Injury Foundation and the Orthopedic Spine Injury Association. The firm is active in reading to kids in school, community clean-ups, supporting charity walks and runs, speaking and teaching at law schools, providing free legal education to young lawyers in San Diego and other worthy causes. His greatest interest outside of work is spending time with family—daddy/daughter dates, going to the beach as a family, doing gymnastics, walking in the dog parks, or just running errands together makes for a good day. “As long as I’m with my family, my day is a good one,” he says. His outside interests include snowboarding and wakeboarding. His commitment to staying active in his career, community, and family is something he credits to his parents. “My parents have always been integral to my success. They taught me at an early age the importance of being passionate about life, including what I want to do for a living. If you don’t love what you do, do something else. Life is too short to settle on anything in life,” he says. ■ Contact Jeremiah Lowe Gomez Trial Attorneys 655 West Broadway, Suite 1700 San Diego, CA 92101 619-237-3490 www.TheGomezFirm.com
20
Attorney Journals San Diego | Volume 190, 2019
» EDUCATION
• J.D. – California Western School of Law (2005) • CWSL Trial Team • BA, Communications, Arizona State University, Cum Laude (2001)
» HONORS AND AWARDS • • • • •
2019 – National Trial Lawyers - Top 100 Lawyers 2018 – One of the Top 50 verdicts in CA - VerdictSearch 2018 – Two Cover Story Feature Verdicts - VerdictSearch 2017 – CASD Outstanding Trial Lawyer Award (OTLA) 2016-2019 – Selected by Super Lawyers as a “Super Lawyer” • 2015 – Selected by Super Lawyers as a “Rising Star” • 2012-2013 – Selected by the Daily Transcript as a “Top Attorney” • 2010 – Manuel Wiley Award for Pro Bono Services
» PROFESSIONAL ASSOCIATIONS AND MEMBERSHIPS • • • • • • • • •
2013-Present – CASD Board of Directors Consumer Attorneys of California American Association for Justice (AAJ) San Diego Brain Injury Foundation Automotive Information Exchange Group (AIEG) US District Court Southern District of California California Lawyers Association The State Bar of California San Diego Bar Association
» GIVING BACK
• 2016-2019 – Co-Chair of CASD Outreach • Orthopedic Spine Injury Association – Board of Directors
EXPERIENCE | QUALITY | RESULTS
4045 Bonita Road | Suite 112 | Bonita, California 91902 619-434-1160 | Steven@StevenSanchezLaw.com | StevenSanchezLaw.com
23 Secrets
THAT BUILD CLIENT LOYALTY by Trey Ryder
L
oyalty is built on the value/price equation, which says: A client will stay loyal to you as long as he perceives the value of the services he receives to be greater than the fee he pays. Other things are important, too, but if you don’t deliver value that is greater than your fee, you will never earn your client’s loyalty. Many of the following secrets are also competitive advantages. And rightly so—because the reasons clients remain loyal to you are because of the positive ways you differ from other lawyers. SECRET #1: Send a copy of every article and educational handout you write to clients interested in that subject. The more information you send, the more clients appreciate the depth of your knowledge. Even if your article isn’t published, it builds credibility, which leads to loyalty. SECRET #2: Invite clients to seminars. The more often they see you—and absorb your information— the more credibility you have. Even if they don’t attend, the fact that you invited them enhances your value. Plus, they may send a friend or colleague who has an interest in your subject. SECRET #3: Send clients your newsletter. The more clients depend on your knowledge, the longer they stay loyal to you. Keep information flowing FROM you— and you’ll find loyalty flowing TO you. SECRET #4: Send clients a copy of every published article. This boosts loyalty because clients see you as an authority. Clients like to know that you are the respected authority in your field of law. SECRET #5: Tell clients of your successes with other clients. Every client wants to know you’re successful. The more you relate those successes, the more confidence your client has in you. SECRET #6: Ask clients to write a testimonial you can use in your marketing. When clients sit down to write, they think about all the things they like about you. This helps them realize how lucky they are to work with you. Further, once clients put their thoughts in writing, it helps cement their relationship with you. In addition to helping your marketing effort, testimonials build loyalty among your clients. (Not all jurisdictions allow lawyers to use testimonials. Check your rules of professional conduct.) SECRET #7: Feature a profile of one of your clients in every issue of your newsletter and on your website. Unless clients are publicity shy, they may enjoy your making them the center of attention in a newsletter article. Not only does this strengthen their bond with you, but it also introduces others on your mailing list to a client they might know and respect, 22
Attorney Journals San Diego | Volume 190, 2019
further enhancing your image. SECRET #8: When you write an article, quote or describe one of your clients. Clients often like attention. If you can use a case history that includes a client by name, or if you can quote a client in print, your client will feel closer to you. SECRET #9: Invite clients onto your radio talk show. If you host a radio talk show, invite clients onto your show to share their stories and experiences. The more you make clients feel important, the more they talk about you—and the more loyalty they shower on you in return. SECRET #10: Give clients priority access when they want to contact you. Many clients have a hard time reaching their lawyers, particularly if their lawyer is often out of the office. When possible, give clients immediate access to you. This adds value to your relationship, value they might not receive from other lawyers. SECRET #11: Provide clients with quick service. Whenever a client needs something, explain that you have many projects in the works, but that you’ll gladly give him prompt attention. This makes him feel important and adds to the value he receives from you. SECRET #12: Invite clients to special events, such as open houses, wine-tasting parties, and art walks. Sometimes clients enjoy doing things with you that don’t involve practicing law. In addition to work, a good client relationship can include social components. SECRET #13: Give clients tickets to sporting events. If you can’t use your game tickets, offer them to a client. Often, this is a much-appreciated way to build loyalty. SECRET #14: Whenever possible, answer yes. If a client asks if you can do something for him, try hard to accept. If it isn’t within your area of expertise, then you might need to refer out the matter. But if the request somehow falls within your law practice, you enhance loyalty and your client relationship when you say yes. SECRET #15: Invite clients to call you anytime. Certainly, you want to take good care of your clients. And you don’t want to give them an excuse to go to another lawyer who might charge more and care less. Don’t worry about people taking advantage of you. Usually, clients who call after hours really need help. Make sure your clients know you welcome their calls.
SECRET #16: Don’t charge your client more than you estimate. When you offer an estimate, build in a cushion so you can always charge your client less than you quote. The cushion gives you a safety margin in case your estimate is off. If your client changes the terms of the project, then offer a new estimate so you set a new benchmark.
SECRET #21: Cut clients some slack. Everyone has a bad day. Evaluate your client based on the length of your relationship, not his actions on a particular day. If a client embarrasses himself in your presence, overlook it. Then go out of your way to make your client feel comfortable, knowing that he might hesitate to contact you.
SECRET #17: If the effort required is less than your estimate, charge only for the time you invested. You could always keep the difference, but that’s not as good as keeping the client.
SECRET #22: Treat every client as if he’s the most important person in the world. Many lawyers treat clients like cases or files, but they’re not. Clients are people who deserve your attention and respect. The sooner you learn how to treat clients, the sooner you develop their loyalty.
SECRET #18: Do the job right the first time. If you don’t have time to do it right the first time, when will you find time to do it over? SECRET #19: Correct mistakes immediately. Everyone makes mistakes. The step that builds loyalty is how quickly and completely you correct the mistake. Apologize— then do whatever it takes to make it right. SECRET #20: Invite complaints, feedback and suggestions about how you can better serve your clients. Many clients won’t complain—or even comment—often for fear of starting an argument or making you feel bad. Instead, they quietly fold their tent and hire another firm—and you never hear from them again.
SECRET #23: Do everything possible to make it convenient for clients to work with you. Convenience can be a major competitive advantage—and the basis of long-term loyalty. n Trey Ryder shares his marketing method with lawyers through a wide range of publications. In addition, he writes and publishes his free e-zine, The Ryder Method™ of Education-Based Marketing. And he maintains the Lawyer Marketing Advisor at www.treyryder.com. He can be reached at: trey@treyryder.com
DEFENDING THOSE WHO DEFEND US ALL Military Defender: 20+ Years of Active Duty Southern California bases served: • Camp Pendleton, San Diego Navy Base • Miramar, Marine Corp Recruit Depot • 29 Palms, Fort Irwin Referrals Appreciated. Consultations Available.
Phillip Stackhouse, Attorney 427 C Street, Suite 220 San Diego, CA 92101 760-456-5386 stackhouse@militarydefender.com www.militarydefender.com
Attorney Journals San Diego | Volume 190, 2019
23
What Does It Mean to Develop Your Personal Brand? by Lindsay Griffiths
Y
esterday, I had the pleasure of participating in the inaugural New York City event for She Breaks the Law, a network of women leaders founded by Priya Lele, Christie Guimond and Nicky Leijtens. The group brings together women in the legal industry who are “breaking the mould and challenging the norm in the world of law. Our members come from a wide range of backgrounds and disciplines, from female founders of disruptive start-ups to general counsel to innovation leaders in traditional law firms. They all have one thing in common: they are leading the change in the way that legal services are delivered.” Over the past two months since the soft launch, the group has grown to over 1,000 members, and officially launched with their London event last week. At the New York event, as in London, in addition to general networking, we had structured “networking circles”—ours focused on legal tech and how we use it, the power of networking in the legal industry, legal design, and personal branding. I had the opportunity to chair the personal branding sessions, and it led to some thoughtful and interesting conversations around the idea of what it really means to develop your personal brand. Let’s talk a little bit about what your personal brand is, and isn’t, and what steps you can take to put yours together. One of the things that came up yesterday was the fear that having a personal brand means that you need to be very selfpromotional and do a lot more public speaking—and I’m here to tell you that that is very much NOT what personal branding is about (unless that’s part of who you are!). The word “branding” often throws us off, but put simply, your personal brand is … YOU. It’s everything that you are, and everything that people believe you to be. That’s why we’ve often said here on Zen that everything you do is part of your “brand,” from what you wear, to how you answer your phone and emails to your interpersonal interactions, etc. All of those things combine to tell people who you are, both professionally and personally. If you tell everyone verbally that you’re a very conservative, traditional person, but you’re always wearing bright colors, you have visible tattoos, and you start your emails with “Hey!” you can see how you may be sending mixed messages about your personal brand. Your personal brand starts with the question: Who are you? When you’re developing this for your professional use, you want to consider this from your career perspective—who is it that you want to be perceived to be?
24
Attorney Journals San Diego | Volume 190, 2019
• Consider the words you want people to associate with you: problem-solver, analytical, thoughtful, etc. • Where do you excel? • What motivates you? What drains you? • How do you want others to describe you? If you’re struggling with any of the above, sit down with some colleagues or trusted friends, and ask them. In the first group yesterday, we had three women who worked at the same firm, and it was fascinating to watch them describe each other’s strengths in a way that each of them hadn’t recognized in themselves before. So, you may not see certain things as assets or part of your brand, which your colleagues value in you. Important in this process is also looking at these key characteristics: consistency and authenticity. When delivering on your brand, it’s essential to have both of these. As we described above, when you’re not consistent in the message you’re delivering, people lose trust because they don’t know who the real “you” is. Similarly, it’s much easier to be authentic when you simply are who you say you are. Having a personal brand isn’t about developing and delivering a fake persona—it’s about identifying the key pieces of who you are as a person and continuing to deliver on them. The next question you ask yourself is “What do you do?” • What are your skills and credentials? • What’s your superpower? • What do you want to be known for? And finally, how are you different to others? • What makes you unique? Your personal brand is your story—it highlights your strengths and communicates the unique attributes you bring to the table. So, now I have a personal brand. What do I do with it? Having a personal brand is similar to having a company brand—you can then use it to promote yourself (don’t worry, this isn’t where I advocate public speaking or tooting your own horn if that’s not your jam). This is where I first advocate what I would do with any branding exercise, and that’s defining your audience—who do you interact with? Who do you WANT to interact with? We agreed during the second session that we often have slightly
different brands depending on our audiences and their needs (adaptability may be a brand characteristic for some of us…). You want to identify the universe of each of those audiences:
Peterson Reporting. Providing nationwide service since 1986.
• Clients and potential clients • Colleagues/co-workers • Networking connections • Referral sources Do you want to be seen in the same way by each of these audiences? Authenticity demands that the answer for this is mostly yes, but perhaps with a few small tweaks—you may be slightly tougher for your clients than with your networking connections for example, depending on the type of lawyer you are. But in general, you will stay true to yourself. Then, you identify where these audiences are—where do you interact with them? The answers may surprise you, because while of course you have face-to-face interactions with most of these groups, you will likely also be interacting with them to various degrees as well on the phone, via email, through social media, maybe text messaging, etc. When you look at those messages/ interactions, does that reflect the personal brand you believe you’re putting out into the world? We’ve all heard the phrase, “dress for the job you want, not the job you have.” This is about tweaking your personal brand—the idea is to get people thinking about you in the context of your next role. You can do this in other ways too. Let’s say, for example, that you want to practice in a niche area of law in addition to what you’re already doing. You would identify where the audience is that is interested in that area of law, and then you would start showing up there, and sharing your expertise—for example, you may start tweeting articles that other experts have written, while sprinkling in a few of your own. Connecting on LinkedIn to these experts, potential clients, journalists for those trade papers, and conference organizers who plan trade events. Updating your bio to reflect any relevant expertise. Contacting existing clients who may need this niche expertise to have lunch or visit their offices (at your cost) to identify how you may be able to assist them, and also to stay up to date on the latest pain points. Over time, everyone begins to associate you with this area of the law—not simply because you’re handling more matters in this area, but because you’re also talking about it, writing about it, sharing about it and consistently linked to it. This can be implemented for brand attributes as well, such as leadership, being the go-to person, a problem-solver, etc. If there is something that you would like to be considered to be, start doing more of that, start sharing more of that, and add it to your repertoire, and before you know it, it will be an intrinsic part of your personal brand. What does the idea of a “personal brand” mean to you? n Lindsay Griffiths is the Director of Global Relationship Management at International Lawyers Network. Lindsay is responsible for the oversight and management of day-to-day operations of the International Lawyers Network.
From day one of your
Reporting
deposition to the last day
Videography
of your trial, Peterson Reporting
Trial Presentation
is an indispensable member of your trial team. Proven professionalism and proficiency
Free Conference Rooms Live Streaming Services Video Conferencing Services
for more than 25 years. Locally owned, globally known.
Global Reach Complex Cases Accurate, Fast
530 B Street, Suite 350 San Diego, CA 92101
619 260 1069
Since 1986 petersonreporting.com Call to request green delivery of your transcripts and receive a discount. Attorney Journals San Diego | Volume 190, 2019 Peterson AttJrnl HPV.indd 1
25 7/12/13 5:04 PM
Why the Legal Industry Can Handle the Next Recession by Michelle L. Fivel and Robert Graff
T
he last recession caught a robust and in-demand legal industry unprepared, and the consequences cut deep. Deal flow of all kinds dramatically slowed, with real estate hit first and hardest. Law firms were forced to lay off staff, defer acceptances for associates, and close entire offices. Contrary to traditional wisdom, the pace of litigation, including bankruptcy litigation, did not pick up due to a lack of capital to pursue remedies in court. Given the drastic consequences last time around, it’s only natural for firms and legal service providers to remain on the lookout for the signs and symptoms of the next recession. However, lasting changes in the way law firms deliver services to their increasingly cost-conscious clients—changes that have been in motion since long before the recession and that will continue regardless of the economic cycle—mean that the next recession will not have nearly as dramatic an effect on the industry. These changes implemented concepts from industrial engineering, a profession concerned with the optimization of complex systems. Clients are seeking out the cheapest way to meet their legal needs by seeking out the lowest-cost combination of resources that can safely get the job done. The shift of work in-house, evolving work structure at firms, and the emergence of legal operations specialists all point to a constantly optimizing legal industry that is better prepared to weather the next recession.
In-House Pressure on Firms As general counsel face pressure to reduce costs and increase efficiencies, more work continues to move from outside counsel to in-house legal departments. The ratio of outside legal spend to inside spend averages 60% to 40%, with 60% of the budget spent with law firms and other providers. However, since in-house legal services are essentially purchased “wholesale,” whereas law firms bill at a retail rate, the overall volume of the 26
Attorney Journals San Diego | Volume 190, 2019
work being done in-house likely exceeds 50%. This trend has pressured firms to be more conscious of their bottom line. As a result, there is an increased focus on associate performance, including utilization and realization rates. Before hiring any new associates, partners have started to conduct thorough analyses to ensure that their current resources are being fully utilized and that there is enough work to keep a new associate busy. Partners are also more discerning than ever when evaluating the experience and qualifications of prospective lateral hires and are performing much more diligence on the skill set of associates before making an offer for partnership. To erase inefficiencies, we can expect legal departments to continue to shift work away from firms.
Alternative Fee Arrangements Practices at law firms are rapidly changing to create leaner, cost-effective and constantly evolving organizations. Partners are billing more by alternative fee arrangements rather than the traditional hourly rate and focusing on evaluating the effectiveness of their teams. Going forward, there may be an even bigger delta between the highest- and lowest-paid partners ($1,200 an hour versus $500 an hour), with the former being limited to the top 25 firms. The partners who are willing to charge a lower or fixed fee are going to be better positioned to get the routine work. GCs love predictable legal budgets, so pressure for fixed-fee deals will only increase. In this manner, geographic arbitrage abounds. New York general counsel use less expensive firms in Atlanta, Atlanta general counsel use less expensive firms in Tennessee, and so on.
Changes in Routine Work Meanwhile, GCs are no longer willing to pay expensive Am Law 25 firms to do routine work, only major deals or “bet the company” litigation. Partners at all but the top-tier firms
are feeling this pressure from their clients. For more routine work, GCs have started to seek strong regional firms or even reputable firms in smaller cities. The rapid expansion of labor and employment boutiques is a good example of this trend. Another example of the ongoing pressure to optimize can be seen in the increased use of contract lawyers for due diligence, e-discovery and, increasingly, other slightly more complex work. Law firms used to be a pyramid with a big base of partnertrack associates. But pressure to increase cost-effectiveness has inflicted major changes on the pyramid, and contract lawyers will make up a bigger percentage of the base of the pyramid.
Legal Operations Specialists Legal operations specialists range from paralegals to Big Lawtrained lawyers and typically have responsibility for helping a GC manage the legal budget. Their key function is to leverage technology to make internal law departments more efficient and reduce labor costs. Contract management systems, e-billing systems, templates and playbooks for negotiating standard agreements all fall under the purview of legal ops. For law firms, this means that their clients have the technology to track their legal spend in real time. So, when fee caps or project budgets are busted, law firm partners will hear about it in a matter of a day or two, rather than a month or two after the bills are sent out. The ongoing pressure to reduce costs will not stop with contract lawyers performing due diligence and e-discovery. What is the next tranche of work that can be offloaded from more expensive partner-track associates and law firm partners? Surely NDA templates can be created to allow lower-cost resources to perform initial drafts of these agreements. What about companies with high-volume, low-complexity contracts with their customers, such as cable or satellite TV companies? The list goes on. In the next few years, legal ops specialists will continue to transfer work to attorneys who are not partnertrack associates. Predicting when the next recession will hit is hard. However, when it does, the legal industry will be far better prepared to weather the consequences. Legal services are being delivered in a much leaner fashion than they were in 2006 or 2007. There is not a lot of fat in the system, so there isn’t as much to trim when activity slows. Layoffs and reduced hiring should not be as bad in the next recession as we saw in 2009. However, just as in 2009, the next recession will undoubtedly accelerate the industrial engineering revolution already underway in the legal profession. n
We Know Marketing Like You Know The Law
Let us “do the time” to get your project right! • Writing for the layperson • Putting together a presentation • Developing a marketing strategy • Sprucing up your website • Designing an ad, booklet, flyer or brochure • Establishing a better logo, mission statement or tagline
Michelle L. Fivel is a Partner at Major, Lindsey & Africa working both in the Los Angeles and New York offices. Michelle has a successful 10-year track record of placing associates and partners in top-tier international, national, regional and boutique law firms as well as prominent corporations. Robert Graff is a Partner and recruiter at Major, Lindsey & Africa in their In-House Practice Group and co-Managing Partner of the Atlanta office.
215-550-1435 • penn-creative.com Attorney Journals San Diego | Volume 190, 2019
27
5 Keys to an Effective Law Firm Divorce Being Smart When the Thrill Is Gone by Andrew Jillson
“A discord of personalities” sometimes describes the genesis for marital divorce. It also can be an apt way to explain law firm breakups when partners decide to go their separate ways. Although law firm break-ups happen regularly, the low level of publicity surrounding most can be due to partners acting rationally even though they can’t continue together any longer. Quiet separations and wind-downs occur when the splitting of the sheets is unemotional and professionally executed. Publicized break-ups, with all their ugliness, arise when emotion and shortsightedness mix together to fuel what becomes an explosive process. Successful break-ups (perhaps an oxymoron) universally share common strains. They come about because tenets that auger in favor of conciliation and dispatch are followed. Although the disappointment that leads to the break-up may make following these principles unnatural, adherence to them keeps unproductive behavior and tendencies to a minimum. Historically, smoothly executed law firm wind-downs have five things in common. These common traits are instructive to law firm leaders facing a law firm divorce. In learning from what others have done, any law firm leader staring at law firm divorce would be wise to encourage the firm’s owners to act in the five following ways: Agree on a Neutral Expert to Navigate the Course. Winding down a firm is neither intuitive nor easy. It is best accomplished if it is managed by an independent professional that has wound down law firms before. An independent and dispassionate professional that has no agenda other than efficiently wrapping up the firm’s affairs serves all owners well. While some owners may argue for cost savings from a “Do it Yourself ” approach, in-house people tasked with the DIY effort frequently have non-neutral agendas, are perceived to be non-neutral, and otherwise lack the trust of all owners. A neutral expert can move the firm to a fruitful conclusion even while disputes between partners percolate and need to be resolved. Retain Experienced Advisors. Many law firm divorces involve anger, distrust or disappointment. Diffusing that volatile mix is critical. Step one is to tamp down the emotions by getting the owners off the front lines. Each identifiably different owner interest should retain an experienced representative that understands the vagaries of law firm liquidations and that has a track record of being solution oriented and collaborative. While there is nothing to prevent the disparate interests from retaining as their representatives’ litigators are quick to drop the cudgel, going that direction is neither smart 28
Attorney Journals San Diego | Volume 190, 2019
nor cheap. And as experience has shown, it seldom is quick. Think About the Future as You Settle the Past. If a law firm’s past was so great, there wouldn’t be any sentiment to shutter the firm. Indeed, the decision to break up a law firm is driven by a view that a different future is better than the status quo. If the past is not worth continuing, the future should be the focus on virtually all levels. While every law firm wind-down necessarily involves a settling of accounts, the objective should be to settle quickly. Rather than dwelling on past misdeeds and transgressions, the owners should wrap up the old firm expeditiously and economically. In a world in which the maxim “time is money” encourages people to move smartly to the next goal, moving to the new day of a new firm allows the future to be realized. Think About the Children. Like matrimonial divorce, in law firm divorce peoples’ lives are impacted. Taking care of the associates, contract attorneys and staff not only is the right thing to do, but because non-owner cooperation is needed in wind-down, it also tends to make the process smoother. An honorable end to the firm which fairly addresses severance, benefits, and outplacement tends to pay dividends over a long period of time. In contrast, harsh or uncaring treatment to the non-owners is not only unfair but can interminably impact owner reputations and pocketbooks. Communicate (Talk it Out). Like so many aspects of law firm transition, a clear and constant flow of communication serves a divorcing law firm well. Advisors need to communicate with owners, owners need to communicate with each other, and nonowners need to be kept apprised until their interests are addressed. In addition, as the wind-down progresses, clients, third-party vendors, banks and contract counterparties (including landlords) must hear about and be engaged in the wind-down. In law firm wind-down, silence is not golden. Rather, it can become the spark that ignites an explosion. When the thrill is gone, and a law firm calls it a day, risk to the firm’s owners can depend on their approach to winding down their firm. Would your firm and its owners be willing to do these five things that reduce their risk and make dissolution smooth? n Andrew Jillson is a Director at Hayse, LLC and a veteran when it comes to the challenges and opportunities faced by an enterprise in transition. In his more than 30-year career as a lawyer, Andy has provided strategic counsel across every industry. He brings deep experience wherever personnel, operational, strategic and/or legal issues converge to necessitate organizational change.
BUSINESS LAWYERS FOR BUSINESS PEOPLE Business Law | Litigation | Intellectual Property | Employment Law | Real Estate | Professional Malpractice
The DDWK Way: • A unique team of lawyers practicing law in a different way • Custom-tailored services to meet clients’ needs • Focused on clients’ goals • Long-standing client relationships • Sustainable, multi-generational law firm working collaboratively • The State Bar of California certified specialist in legal malpractice
San Diego | La Jolla | Irvine | Dallas | www.ddwklaw.com
2019
PRSRT STD U.S. POSTAGE
PAID
Post Falls, ID PERMIT NO. 32
UNRIVALED JURY VERDICTS SETTLEMEN T S PERSONAL SERVICE REFERRAL FEES
PANISH SHEA & BOYLE is happy to discuss how
we may assist you in your case. Please contact
the Honorable Judge Peter Polos (Ret.) for more information at polos@psblaw.com.
WWW.PSBLAW.COM
310.477.1700
1.877.800.1700