Attorney Journal, San Diego, Volume 165

SAN DIEGO JOURNAL

Volume 165, 2017 $6.95

Why Every Attorney Needs to Write a Book

Elaine Biech

Chaos is King, Until it’s Not: A Solo’s Guide to Order

Evan Walker

What You Know vs.

Who You Know

Mike O’Horo

A Time to ACT

Jason Hughes California Case Summaries ADR™

Monty McIntyre

Why Clients Drive Technology Adoption

Mary Juetten

Five Tips on Hiring an SEO Firm for Your Law Practice

Josh Gerben

Attorney of the Month

Greg J. Ryan Winning Combination

of Ryan & Associates, San Diego

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2017 EDITION—NO.165

TABLE OF CONTENTS 6 Why Every Attorney Needs to Write a Book

by Elaine Biech

8 What You Know vs.

Who You Know

by Mike O’Horo

10 Why Clients Drive Technology Adoption

by Mary Juetten EXECUTIVE PUBLISHER Brian Topor

16

12 COMMUNITYnews

EDITOR Wendy Price CREATIVE SERVICES Skidmutro Creative Partners CIRCULATION Angela Watson

24

PHOTOGRAPHY Chris Griffiths

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

16 Greg Ryan Ryan & Associates, APLC, San Diego Winning Combination

by Jennifer Hadley

STAFF WRITERS Jennifer Hadley Patricia Klier Karen Gorden CONTRIBUTING EDITORIALISTS Mike O’Horo Monty McIntyre Elaine Biech Evan Walker Jason Hughes Josh Gerben Mary Juetten

22 California Case Summaries ADR™

by Monty McIntyre

24 A Time to ACT

28

by Jason Hughes

26 Five Tips on Hiring an SEO Firm for Your Law Practice

by Josh Gerben

28 Chaos is King, Until It’s Not: A Solo’s Guide To Order

by Evan Walker

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 2017 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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Why Every Attorney Needs to Write a Book

by Elaine Biech

Elaine Biech, keynote speaker at the recent Second Annual Business Writers Conference, says every attorney needs to write a book. Here, she shares five reasons why.

If you are like most attorneys, you’ve thought about writing a book. You know intuitively that it will be valuable to your brand and your consulting career. Yet finding the time is difficult—if not impossible—in your busy consulting schedule.

According to Elaine Biech, an established expert on both the profession of consulting and authoring books (she has published almost 80 books), writing a book has become a requirement for every attorney who desires to demonstrate authority. And, she adds, you don’t need to give up your consulting practice to write a book.

“It’s become a cliché to say that ‘a book is the new business card,’” says Biech, keynote speaker at the recent Second Annual Business Writers Conference and author of Training and Development for Dummies (Wiley, 2015, ISBN: 978-1119-07633-9, $26.99). “But it’s so much more. Calling your book, a ‘business card’ underestimates the true value of just how important a book can be to your career.”

The conference—which took place on April 19-21, 2017, in Birmingham, Alabama—attracted executives, service professionals, and entrepreneurs from an array of industries seeking to network and learn best practices from some of the most accomplished experts in business book publishing.

Biech delivered a keynote as well as a full-day pre-conference workshop where she helped new authors understand the publishing industry, compare the differences between using a publisher and self-publishing, and gain skills to market a book.

Most importantly, she shared her secrets for writing a book in two weeks. Biech states, “It doesn’t need to take a year to write your book.”

Biech’s most important message was that every attorney needs a book to demonstrate their expertise to current and potential clients. Here are five reasons why she made this bold claim.

1. Your book is a marketing tool.

A book can generate new business, close a pending deal, and remind previous clients that you are still available. Consider all the ways you can use your book to market your legal consulting. You can give it to contacts who will spread the word about you, your book, and your skills. You can send it to potential clients. You can send a copy to people you would like to meet or with whom you’d like to network or partner. A book can be a powerful tool to help open doors that may not 6

Attorney Journal San Diego | Volume 165, 2017

have been within your reach in the past or close a deal that’s been hanging open for a while.

2. Your book helps you establish your expertise.

You are probably already an expert in what you consult about, but a published book adds legitimacy to your career. When people see that you have a published book on bookshelves, they naturally assume that you are a top-notch authority—more brilliant than before you wrote your book. And actually, you will be. The act of writing a book forces you to think more clearly and more deeply about your area of expertise. The content that readers can hold between the two covers in their hands boosts your credibility.

3. Your book can help you build your reputation and your brand.

Writing a book about your legal consulting practice sets you apart from the rest. If given a choice of someone you would hire to solve your most pressing problem, whom would you choose? A published author or an unknown entity? Yep! Most people would choose the author. By writing about your models or the principles upon which your consulting practice is based, you help your clients and potential clients understand what you represent, what you value, and how you will be valuable to them. A book demonstrates the philosophy, skills, and tools you incorporate into your work better than any discussion can.

4. Your book can increase your name recognition.

You will be viewed as a thought leader, and people will recognize your name and the name of your book. It raises both your profile and respect for your company. This can help when submitting proposals to speak at conferences or to keynote for corporate or association events. Your book generates attention, raises your visibility, and gives you multiple excuses for media coverage. A book can position you as the expert in your field.

5. Your book can help you make money.

Don't be fooled into thinking you will get rich from book sales. Almost no one does. However, your published book gives you and your legal consulting practice the legitimacy to

increase your rates and an entrée to attract more work with less marketing investment. A book can help potential clients find you. When people look for experts, they often search for “who wrote the book on...?” Having a book helps people find you with their search. That’s one of the reasons selecting a title is extremely important. Remember, you will make more money through the business it generates than the sales it produces.

Specialization matters. Having represented more law firms over the last 25 years than any other broker in the region, no one understands their real estate needs better than I do.

A book serves double duty for an attorney. “It can be a quality marketing tool and at the same time prove your capability and expertise,” says Biech. “Your book doesn’t take a lifetime to write.

You can do it in as little as two weeks. Don’t waste your life wishing you could write a book. Get that wish out of your head and between two covers. Start your book today!” n

— Jason Hughes President & CEO, Hughes Marino

Elaine Biech, President of Ebb Associates Inc., an organizational development consulting firm, has been helping clients work through large-scale change for 30 years. She is an award-winning attorney who has authored and edited almost 80 books, including The Business of Consulting and Training and Development for Dummies. She has presented at over 100 national and international conferences and has been featured in publications such as The Wall Street Journal, Harvard Management Update, Investor’s Business Daily, and Fortune Magazine. For more information, please visit ebbweb.com.

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Attorney Journal San Diego | Volume 165, 2017

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What You Know vs.

Who You Know

by Mike O’Horo For 20 years, Mike O’Horo has been known by lawyers everywhere as The Coach. He trained more than 7000 of them, generating $1.5 billion in new business. Mike can be reached at mikeohoro@rainmakervt.com.

F

or most of your career you’ve probably heard the adage, “It’s not what you know, but who you know.” That reflected the relationship-centric nature of doing business in a Seller’s market, where demand exceeded supply, and everyone who expended even a little effort got business. Now that you’ll face a Buyer’s market for the remainder of your career, where supply exceeds demand, it’s past time to upend that longstanding belief. Today’s version is, “It’s not what you know. It’s not who you know. It’s what knowledge people associate you with.”

The Source of Legal Work Think about the source of your legal work. Legal matters don’t just spring up, fully formed as legal tasks, awaiting a lawyer to perform them. They derive from human business activity, informed and driven by human desires and aspirations.

Somebody has an idea for a new product. They need to: • Raise capital, • Recruit a team, • Find a place to house operations, • Create the product, • Market it, • Sell it, • Deliver it, • Service it, • Improve it, and • Maybe cash out of the whole enterprise someday.

These are just a few of the verbs that would make up an exhaustive list. Then there’s the whole array of others’ reactions to our someone doing those things listed. Those other someones may perceive that these actions are to their disadvantage, and they need to stop us. Or they may want to partner with us. Or acquire us.

As you read that list, an entire array of legal issues came to mind, right? Because those legal issues derive from those activities. You can’t think of one without thinking of the other. Human decisions and actions are the origins of all legal

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Attorney Journal San Diego | Volume 165, 2017

matters. (Yes, that includes governments.) So, if this mental and physical business activity is the wellspring for your legal work, how can you not participate and still expect to stimulate or expose demand for your expertise?

Contribute to the Conversation You have to contribute to the ongoing conversation. To do that, you have to understand the business context. You have to know something that these business people need to know if they want to optimize their success and minimize their problems.

They don’t know the legal ramifications of their decisions and actions. You do.

However, because they’re not aware of those legal ramifications, you can’t get invited to the conversation if you’re speaking “legal.” It’s like trying to join a conversation about housing by discussing construction materials. Within the housing conversation, materials will eventually have a place.

But introducing them as your entry point won’t work; you must first establish context for them.

Before you can contribute what you know about the legal issues, you must establish yourself as relevant to the current context of the conversation, which is the business activity.

What you know about that gets you admitted, and allows you to remain in the conversation until the legal issues become relevant.

You Have to be Relevant, or You’re a Distraction, and Unwelcome If you stay on the sidelines until the conversation evolves to the legal aspects, you’re too late. Then, you’re a vendor, being considered to perform a task. However, since there are many such vendors available, buyers perceive little difference among them and seek the lowest price, or other considerations. And then, when the legal task is complete, you’re back on the outside because they’ve returned to the business conversation, to which you’re seen as irrelevant because you’re isolated in the “legal discussions” box.

Learn your clients’ business, and make yourself welcome in the conversations that generate demand for legal service. n

Why Clients Drive Technology Adoption

by Mary Juetten

R

ecently, I hired a lawyer. Not only did I have to print and sign an engagement letter, I also had to mail a check and manually complete a form that was then transferred to a Word document, which I then had to sign by hand. Compared to my interaction with almost any other business, I found the entire process extremely inefficient.

On the other end of the spectrum, my husband hired a different lawyer who used a practice management system that allows for document sharing, online engagement, electronic billing and payment. He never even met this lawyer and yet he was very satisfied with the process and outcome.

It’s not just millennials who expect a simple, efficient approach to service; it’s everyone. To keep up with these demands, law practices must keep up with new technology options.

Why Wait for Clients to Ask? Four Things to Consider Clients want you to adopt technology to reduce their costs and improve their experience. For corporate clients, this might mean requests for transparency in billing and significant automation, particularly for routine matters. On the consumer side, clients are wanting mobile applications for easier onboarding and process-handling.

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Attorney Journal San Diego | Volume 165, 2017

At a recent Evolve Law program on “Client-Driven Technology,” panelists focused on four things to consider when investigating or implementing technology for your law firm.

1. Problem-solving Look at clients’ pain points when implementing technology. It can be as simple as using software to reduce fees or something more specific to the client, like document automation or business intelligence-gathering tools.

Kate White, Client Engagement and Innovation strategist at Davis Wright Tremaine, spoke about eliminating the pain for in-house legal departments: “What are the new pressures on inhouse counsel? What are the volume areas of work that they’re needing to handle more efficiently.

2. Security Attorney entrepreneur John Rome, CEO of Intensity Analytics, cautioned that you must pay attention to the security of your technology systems, because “if you don’t take care of confidential data, you’re liable.” Businesses cannot avoid using the cloud but all law firms have to be smart and proactive about protecting clients’ data.

3. Interoperability and user experience I get a consistent message from lawyers that, “I just want to log in and see all my workflow in one place.” From marketing to engagement, users want a one-stop shop—or all-in-one solution—for their business needs.

Katie DeBord, partner and Chief Innovation Officer at Bryan Cave, summed it up nicely: “You need to make the technology really easy for people to understand and work with. Right now, I think it feels to lawyers like there’s a lot of fragmented technology out there. What the lawyers need is something consolidated—something they can just turn on and that has a good user interface, so they can see right away, ‘Okay, this will actually help me practice.’”

Why would your clients’ experience be any different?

Seamless interactions translate into technology that follows the KISS (Keep It Super Simple) principle. A practice management system has to be accessible for clients, and all systems must operate with just one login or portal.

4. Collaboration Plenty of lawyers worry that technology will take their jobs. There is an ongoing debate about whether the robot will replace the lawyer. My opinion is that some routine tasks can be eliminated or streamlined with software, but, ultimately, the professional judgment and human element will need to continue. We will not build good solutions, however, until the technologists, lawyers and customers all work together.

Kate White described the collaborative approach that is needed: “How can outside counsel partner with [clients] and help bring those technology solutions to them and collaborate in building a better way to handle that work?

There’s so much potential in just seeing the tech folks, the outside firms and the in-house counsel really partner to bring all that knowledge together and build new solutions.”

And, as Katie DeBord noted: “Once we get lawyers understanding how technology can augment their practice, and we start all speaking the same language, a lot of the other pain points can be rectified.” n Mary Juetten is founder and CEO of Traklight, and has dedicated her more-than-30-year career to helping businesses achieve and protect their success. In 2015, Mary co-founded Evolve Law, an organization for change and technology adoption in the law. She was named to the ABA’s Legal Technology Resource Center 2016 Women in Legal Tech list and the Fastcase 50 Class of 2016. She serves on the Group Legal Services Association Board.

Follow her on Twitter @maryjuetten and find her new book, Small Law KPIs: How to Measure Your Way to Greater Profits. Previously published in Attorney at Work.

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COMMUNITY news n Klinedinst PC is pleased to announce the elevation of Nadia Bermudez, Thomas Daugherty, Sarah Lanham, and Leah Plaskin to Shareholders in the firm. Bermudez was recently awarded the Belva Lockwood award by Lawyers Club of San Diego for her commitment to the organization and the San Diego legal community. Earlier this year, she was selected as a lawyer representative for the United States District Court, Southern District and also appointed to the Latina Commission of the Hispanic National Bar Association.

Thomas Daugherty has extensive experience as an employment attorney and plays an important role in the firm’s Employment and Labor Group. Mr. Daugherty has been honored by San Diego Super Lawyers® as a Rising Star since 2015. Sarah Lanham has focused her practice within the business litigation and professional liability defense groups. She has earned the gold standard AV®-Preeminent™ peer review rating by Martindale-Hubbell.

Leah Plaskin focuses her practice on professional liability defense, especially in the area of legal malpractice, and appellate matters in the San Diego office. In 2009, Ms. Plaskin was recognized as a top Young Attorney by the San Diego Daily Transcript.

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NADIA BERMUDEZ

THOMAS DAUGHERTY

SARAH LANHAM

LEAH PLASKIN

Attorney Journal San Diego | Volume 165, 2017

ERIN KENNEDY CLANCY

YANIV NEWMAN

REBECCA M. SOULE

n Sullivan Hill Lewin Rez & Engel is pleased to announce the addition of attorneys Erin Kennedy Clancy, Rebecca M. Soule, and Yaniv Newman to the firm’s San Diego office. Erin Kennedy Clancy has joined the firm as a shareholder. Clancy’s practice includes advice and representation of clients in relation to green and energy-efficient building and marketing, including compliance with California’s Mandatory Solar Option Law and the updated 2016 California Green Building Standards Code.

Rebecca M. Soule is an associate in the firm’s construction, insurance and commercial and business litigation practice groups. Soule received her B.A. from the University of Washington in 2005 and her J.D. from the University of San Diego School of Law in 2010.

Associate Yaniv Newman is also a member of Sullivan Hill’s construction, insurance, and commercial and business litigation practice groups. Prior to his undergraduate studies, Newman served in the United States Marine Corps for four years, including one tour of duty in Iraq in 2003. Newman received his B.S. from the University of California, Berkeley in 2008. He received his J.D. from the University of San Francisco School of Law in 2013.

n Higgs Fletcher & Mack has announced that long-time executive team member Steven J. Cologne became Managing Partner effective March 31, 2017.

As an attorney for over 30 years, Cologne began representing individuals and entities in construction defect and medical professional liability litigation.

His practice grew rapidly to becoming the primary outside litigation counsel for San Diego Unified School District on a variety of claims in State and STEVEN J. COLOGNE Federal court, a position he still holds today.

Cologne is also a member of a number of professional organizations, including the State Bar of California Labor and Employment Law section, ABA Forum on the Construction Industry, and Tort and Insurance Practice section. He is a past Executive Editor of San Diego Lawyer™, the quarterly journal of the San Diego County Bar Association, and served as a Board Member of the San Diego County Bar Foundation, the charitable arm of the Bar. In addition, Cologne is proud to be counsel for The Old Globe Theatre in San Diego, the top regional theater in the country. He also serves on the University of San Diego School of Law Board of Visitors for his alma mater.

COMMUNITY news

ANTON N. HANDAL

GABRIEL HEDRICK

LAUREN KANE

n Greenspoon Marder announces the expansion of its Intellectual Property practice group and complex litigation capabilities with the addition of Anton N. Handal, Gabriel Hedrick and Lauren Kane in the firm’s San Diego office.

Anton N. Handal joins Greenspoon Marder as a shareholder in the Intellectual Property practice. Mr. Handal has multi-jurisdictional litigation experience before Federal, State and Administrative Courts. Notably, he recently litigated an International Trade Commission Section 337 action to a successful completion in Washington, D.C. Senior Counsel at the firm, Gabriel Hedrick is a civil litigator with a background in complex corporate transactional matters, including intellectual property litigation. Mr. Hedrick has represented various multinational companies, individuals, governmental entities and national insurance companies in a wide variety of legal disputes involving issues of, among other things, intellectual property litigation in both Federal court and before the International Trade Commission, intellectual property licensing, corporate transactions, partnership and shareholder disputes, and contract disputes.

Lauren Kane has represented multi-national businesses, small businesses, employers and individuals in a wide range of legal matters. Her practice is primarily focused on the representation of plaintiffs and defendants in civil business litigation, including lawsuits relating to partnerships, joint ventures, fiduciary relationships and various business torts.

Ms. Kane’s practice also encompasses the representation of litigants in intellectual property disputes.

n Following a recent appointment by U.S. District Judge Lucy Koh of the Northern District of California, Gayle Blatt—a partner with San Diego-based CaseyGerry and head of its complex litigation practice group—is now serving on the plaintiffs’ executive committee overseeing class action litigation related to the data breaches revealed by Yahoo Inc. GAYLE BLATT in late 2016. Blatt is the only California attorney to serve on the committee.

The litigation stems from several security breaches at Yahoo that occurred in 2013 and 2014 but were only disclosed publicly years after the fact. In September 2016, Yahoo revealed the then-largest data breach, affecting approximately half a billion users, which had occurred in 2014. In December 2016, Yahoo announced it had eclipsed its own record, revealing a 2013 breach that had affected one billion user accounts.

In 2011, Blatt was appointed plaintiffs’ liaison counsel by the United States District Court for the Southern District of California in the multidistrict litigation In re: Sony Gaming Networks and Customer Data Breach Security Litigation.

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Attorney Journal San Diego | Volume 165, 2017

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2015 Fragomen SD Attorney Journal - 1st Proof.pdf 1 10/6/2015 7:45:44 PM

Butterfield Schechter LLP is one of Southern California’s largest law firms dealing primarily with ERISA and Employee Benefit Law matters.

As part of our overall Employee Benefits/ ERISA practice, our firm has significantly enjoyed working with a large number of local family law attorneys and their clients on QDRO matters. Pension issues are critical when dividing marital property. The complexity of the QDRO rules demands engagement of competent and experienced benefits counsel to comply with these rules. Our attorneys combined have over 60 years of experience in: Analyzing and valuing the community property in all types of retirement plans, stock option plans and other executive compensation plans, disability pensions, and severance benefits Drafting QDROs at competitive pricing to divide these benefits

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Attorney Journal San Diego | Volume 165, 2017

L AW Y E RS H E L P I N G OT H E RS

J O E E RG ASTO LO HELPING OTHERS HELP THEMSELVES

Shortly after becoming a lawyer, Joe Ergastolo began volunteering as a tutor for homeless grade school children at Father Joe’s Villages.

Twenty-seven years and countless volunteer hours later, Joe now serves as Chairman of the board of directors of Father Joe’s Villages.

San Diego’s largest homeless services provider, Father Joe’s Villages fosters self-sufficiency through an array of programs for homeless individuals and families, including job training, education, healthcare, mental health services, addiction treatment, housing more than 1,800 people each night, and serving 3,000 meals daily.

“Homelessness affects people on every fundamental level of life. I am inspired by the success stories of the people and families that we help.”

Support Father Joe’s Villages by attending the 33rd Annual Children’s Charity Gala on May 13 at the U.S. Grant Hotel. Visit my.neighbor.org to learn how giving your time or money can help.

At Wright, L’Estrange & Ergastolo, Joe represents clients in complex civil litigation, including unfair competition, antitrust, trade secrets, and business disputes.

Joe Ergastolo is not affiliated with the Law Office of Steven C. Vosseller.

After each case, we donate a portion of attorney’s fees to a nonprofit chosen by the client.

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858-429-4062 www.vosslawyer.com

L AW O F F I C E O F

STEVEN C. VOSSELLER

WINNING

COMBINATION Greg Ryan’s Perfect Blend of Experience and Expertise Makes Him a Powerful Ally for Policyholders in Complex Coverage Litigation

by Jennifer Hadley

“

There is often a tendency to approach similarly situated clients and their matters in the same, template way. We recognize that each client’s needs are unique and we prioritize those individual needs to deliver tailored results,” says Greg Ryan, Founder of Ryan & Associates, APLC. Ryan is speaking from experience. With nearly 37 years of experience in all aspects of insurance law, Ryan has earned a reputation as a highly skilled advocate, who enjoys a reputation for both excellence in advocacy for his clients, and civility in working with fellow attorneys.

For the past 25 years, Ryan has represented policyholders across all types of insurance, including professional liability, property losses, and homeowner/general liability coverage. He has also carved a successful niche in representing construction industry clients, including residential developers, residential and commercial contractors, and subcontractors. Though he and his team exclusively represent policyholders, Ryan says that the trial experience, and mentorship he received early in his career working in insurance defense, served as the foundation for his success in coverage litigation.

Early Interest & Experience in Insurance Law Ryan’s interest in the law was initially piqued while serving in the United States Marine Corps as an Infantry Captain, where he enjoyed friendships with Judge Advocate Generals (JAGs).

“The advocacy interested me because I loved the competitive nature of it,” he says. After leaving the Marine Corps, he went on to earn his J.D. from California Western School of Law, 16

Attorney Journal San Diego | Volume 165, 2017

graduating with honors in 1980.

Ryan says that everything about the first firm he joined, where he would ultimately become partner, and spend the first decade of his career, was a natural fit for him. At Rhoades, Hollywood & Neil, Ryan recalls that the team environment was reminiscent of his time in the USMC owing in large part to Senior Partner, Gen. Mike Neil. “After serving in the military, I was very much an organization man. I was comfortable with teamwork, and enjoyed the excellent leadership we had. We attended social events together, there was a lot of focus on morale building. The culture was perfect, because it reminded me of the Marine Corps,” he recalls.

More importantly, he says, the guidance and training he received as a new lawyer was second-to-none. Though he initially thought he wanted to work in the field of medical malpractice, he says, “As a young lawyer, my mentors specialized in insurance litigation. They were John Rhoades, who went on to be a premier US District Court judge in San Diego, and Harrison Hollywood, who went on to be a respected San Diego Superior Court Judge. These were insurance gurus, and I could walk in and ask questions anytime I wanted,” Ryan recalls.

Moreover, he was able to cut his teeth in trial experience very early on, through his work in insurance defense. That early experience would serve to be a strong foundation on which a long and successful future in insurance law could be built—even though he would soon change his focus to fighting for coverage for policyholders. He did just that, when together with a close friend, he became a partner in Sparber, Ferguson, Ponder & Ryan. Ryan spent more than a decade as a partner there.

However, after 23 years as a partner in a firm, Ryan says he was just ready for a change, and set out on his own. “I found

ATTORNEY

OF THE MONTH

© Bauman Photographers

2017 2016

independence and a resurgence of enthusiasm in going solo in 2002,” he explains. Ryan was pleasantly surprised to find how much he enjoyed working autonomously. He also found himself continuing to receive plenty of referrals from fellow attorneys, which kept him busy from the day he decided to open the doors to Ryan & Associates, 15 years ago.

Expertise Earns Referrals to High Stakes Cases By the time Ryan had established his own firm, the AV-Preeminent rated attorney had earned industry-wide respect, along with referrals from his colleagues, including opposing counsel. So, although he brought some clients with him to his new firm, he credits his peers for the smooth transition to solo practice. “After 23 years, you tend to get to know a lot of attorneys,” Ryan jokes. “But I will always be grateful to the attorneys who sent and continue to send referrals. There is a special fraternity amongst litigators in San Diego, and by and large we all do like each other,” he adds.

In fact, it was a fellow attorney who recommended and referred Ryan the challenging and highly visible case of The Society of Lloyd’s v Robert C. Blackwell, et.al. Charged with representing all 26 California investors (“Names”), this extraordinary lawsuit was one of eight cases Lloyd’s of London filed against “Names” in Arizona, California, New Mexico, Utah, Pennsylvania, Nebraska, Nevada and Georgia to enforce English judgments. It followed four other cases filed in earlier years in New York, Illinois, Texas, and Florida. All told, Lloyd’s had English judgments against 250 Americans in 33 states.

The case gained a lot of attention, due to the potential it had to completely wipe out high net worth Americans who had to fight the behemoth in English courts. “Up until the 1970’s “Names” were required to be English. Then they began allowing Americans to become “Names,” but the investors would have to sign all contracts in England. Lloyd’s had never had a loss for 100 years, so some signed over everything they had to back policies issued by Lloyds,” Ryan explains.

At the same time, according to Ryan, “Lloyd’s knew that huge asbestos lawsuits were coming.

They continued a practice of ‘recruit to dilute’ the losses they knew they would have. In the U.S., nondisclosure is fraud. In England, there must be actual misrepresentation or false claims. Non-disclosure is 18

Attorney Journal San Diego | Volume 165, 2017

Debbie Kim, Greg Ryan and Katherine (Katie) R. Aul

not fraud.” Worse for the American “Names,” all disputes surrounding the investment were required to be resolved in England under English law. Not only were judgments rendered in England, but then Lloyd’s came to San Diego, where Ryan spent years in District Court and the 9th Circuit Court of Appeals, fighting to the bitter end for the American Names Association.

In another high-profile case, which resulted in a published decision by the California 4th District Court of Appeals, Ryan represented McMillin Companies in McMillin Companies, LLC v. American Safety Indemnity Company. “The case dealt with insurance companies claiming an “offset” (deduction) against damages for my client’s settlements with other insurance companies. The 4th District Court of Appeals held that the settlements did not affect McMillin’s damages claim,” Ryan explains. The win was significant for Ryan, as well as the insurance industry, as it provided an unambiguous definition of

© Bauman Photographers

damages for breach of the duty to defend. This victory was also reported on Law360.com.

Additionally, Ryan handles cases which don’t make headlines, or change laws, but are nonetheless incredibly rewarding. For example, he recalls a case from 2010 that still makes him proud.

“I represented a 97-year-old widow who lost her home in a fire.

Her homeowner’s carrier denied her claim. She was the sweetest client I ever represented. The insurance company forced her through litigation for two years in US District Court where she prevailed. The insurance company appealed and she prevailed again before the U.S. 9th Circuit Court of Appeals one year later.

She never gave in and neither did we,” he says. Ryan has also represented wildfire victims pro bono, helping them to obtain their coverage for damaged and destroyed homes.

Excellence Leads Firm to Evolve Though Ryan enjoyed his solo practice, over the past four years, his firm has grown to include attorneys Debbie H. Kim and Katherine R. Aul, both of whom joined Ryan soon after graduating from law school at University of San Diego School of Law and California Western School of Law, respectively.

The decision to expand the firm was the direct response to meeting a demand for Ryan’s experience, particularly given the changes in the construction industry over the last decade.

The three attorneys are supported by two legal secretaries and two paralegals.

Ryan’s own desire to pay forward the mentorship he received as a young attorney also played a role in the growth of the Attorney Journal San Diego | Volume 165, 2017

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Contact Greg J. Ryan, Esq. Ryan & Associates, APLC 1010 Second Avenue, Suite 2500 San Diego, CA 92101 (619) 239-4848 greg@giryan.com www.giryan.com

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© Bauman Photographers © Bauman Photographers

EXPERIENCE

firm. “I consider myself very lucky. I have a great team of qualified attorneys and terrific staff,” Ryan says. “I hope to provide the same mentorship and guidance I received, while also giving them a ‘trial by fire’ experience. That’s the way I learned. There’s no substitute for just diving in and getting experience,” he says.

For Ryan and his team, this is a particularly exciting time to be working on coverage cases. Indeed, according to Ryan, new developments in the law, and ongoing changes in language of policies try to limit coverage for policyholders. In particular, Ryan and his team continue to fight for policyholders who need the resources of their insurance company to help provide coverage for them in all areas and circumstances.

“We are currently working on an appeal to the Fourth District Court of Appeal in California regarding specialized endorsements in commercial general liability policies. This case could play a significant role in shaping the insurance and construction industry’s use and interpretation of the endorsements,” he says.

With this case and others ahead of him and his team, Ryan says the firm is poised to add additional attorneys in the coming years. “We take pride in our reputation and litigation and trial experience not just in our practice area, but in the California legal community. We have built long-lasting relationships with attorneys throughout the insurance industry at large. We enjoy working with other lawyers, including opposing counsel. We work hard to establish a friendly trust-based relationship with counsel. We know it is possible to disagree without being disagreeable.”

Indeed, the future looks bright for Ryan, who has been named a San Diego “Top Attorney” by San Diego Magazine numerous times, along with being included in lists such as “Best Recommended Insurance Attorneys.” So, what’s next for him and his growing team?

“We’ve litigated and tried cases in California State and Federal Courts. We have pursued appeals in the California Court of Appeals and the 9th Circuit Court of Appeals, and we have a diverse team. Our focus will continue to be on providing our clients with the most effective and efficient representation, built on a foundation of decadeslong experience,” he says. n

» EDUCATION • California Western School of Law, San Diego, California, J.D. cum laude, Law Review: International Law Review – 1977– 1980 • Bemidji State College, Bemidji, Minnesota, B.A., Psychology (Philosophy), Dean's List – 1972

» HONORS AND AWARDS • AV Preeminent Martindale Hubbell Rating, 1988–Present • San Diego’s "Top Lawyers" – San Diego Magazine, 2015– 2017 • Bar Register of Preeminent Lawyers • Best Directory of Recommended Insurance Attorneys

» PROFESSIONAL ASSOCIATIONS AND MEMBERSHIPS • Panelist for The Seminar Group for the Insurance in the Construction Industry seminar – 2013, 2014, and 2017 • American Bar Association, Member • San Diego County Bar Association, Member • Consumer Attorneys of San Diego, Member

» BAR ADMISSIONS • California • U.S. District Court Southern District of California • U.S. District Court Central District of California • U.S. District Court Northern District of California • U.S. Court of Appeals 9th Circuit • U.S. Supreme Court

California Case Summaries ADR™ Organized Succinct ADR Summaries

by Monty A. McIntyre, Esq.

Monty A. McIntyre is a full-time mediator, arbitrator and referee at ADR Service, Inc. who has been practicing law in California since 1980. For ADR scheduling please contact Kelsey Hannah at ADR Services, Inc. at 619-233-1323 or kelsey@adrservices.org

CALIFORNIA SUPREME COURT Arbitration

CALIFORNIA COURTS OF APPEAL

McGill v. Citibank (2017) _ Cal.5th _, 2017 WL 1279700: In a class action alleging claims under the Consumers Legal Remedies Act (CLRA; Civ. Code, § 1750 et seq.), the unfair competition law (UCL; Bus. & Prof. Code, § 17200 et seq.), the false advertising law and the Insurance Code arising from a credit card agreement, the California Supreme Court reversed the Court of Appeal ruling ordering the trial court to order all of plaintiff’s claims to arbitration. The California Supreme Court ruled that a provision in a predispute arbitration agreement that waived the right to seek the statutory remedy of injunctive relief under the CLRA, UCL and the false advertising law was contrary to California public policy and thus was unenforceable under California law. The Supreme Court further held that the Federal Arbitration Act did not preempt this rule of California law or require enforcement of the waiver provision. The Court of Appeal’s judgment was reversed and the matter was remanded for further proceedings consistent with the opinion.

(April 6, 2017.)

Civil Code (Indemnity)

Attorney Fees

Quiles v. Parent (2017) _ Cal.App.5th _, 2017 WL 1130936: The Court of Appeal granted a writ of supersedeas staying the enforcement of the costs portion of a judgment pending appeal where no bond had been filed for the appeal. Plaintiff obtained a jury verdict awarding her $383,500 in damages for wrongful termination. The trial court conditionally granted a motion for new trial, which plaintiff accepted, reducing the judgment to $208,500. The trial court later awarded plaintiff attorney fees of $689,310.04 and costs of $50,591.69. Defendant then paid the total damages and interest owing, leaving only the attorney fees and costs unpaid. Defendant appealed the fees and costs without filing a bond, and plaintiff sought to execute because no bond had been filed by defendant. The trial court denied defendant’s motion to stay execution. The Court of Appeal ruled the costs and attorney fees were awarded as costs under Code of Civil Procedure section 1021 et seq., and therefore no undertaking was required to stay execution of the judgment pending the appeal. (Code of Civil Procedure section 917.1(d).)

(C.A. 4th, March 27, 2017.)

DisputeSuite.com v. ScoreInc.com (2017) _ Cal.5th _, 2017 WL 1279701: The California Supreme Court affirmed the trial court's finding that defendants were not prevailing parties for purposes of an attorney fee award under Civil Code section 1717, even though they successfully obtained a dismissal from a California court on the ground that the agreement at issue contained a forum selection clause specifying the courts of another jurisdiction. The Supreme Court ruled that, under the circumstances of the case, where action had already been refiled in the chosen jurisdiction and the parties’ substantive disputes remained unresolved, the trial court reasonably concluded that neither party had yet achieved its litigation objectives to an extent warranting an award of fees. (April 6, 2017.)

Consumer Protection McGill v. Citibank (2017) _ Cal.5th _, 2017 WL 1279700: See summary above under Arbitration.

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Oltmans Construction v. Bayside Interiors (2017) _ Cal.App.5th _, 2017 WL 1179391: The Court of Appeal reversed the trial court’s summary judgment for a subcontractor regarding a contractor’s claim for indemnity, but dismissed the appeal because the parties had settled the case. The subcontractor agreed to indemnify a general contractor for injury claims arising out of the scope of the subcontractor’s work “except to the extent the claims arise out of, pertain to, or relate to the active negligence or willful misconduct” of the general contractor. The trial court erred in finding that this provision, and California Civil Code section 2782.05, precluded the general contractor from recovering any indemnity if its active negligence contributed to the injury. The Court of Appeal ruled that the written agreement and section 2782.05 instead limited the recoverable indemnity to the portion of liability attributable to the negligence of others. (C.A. 1st, March 30, 2017.)

Civil Procedure (Bonds on Appeal)

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A Time to ACT New nonprofit fights back against the unethical practice of dual-agency brokerage.

by Jason Hughes

A glaring and dubious conflict of interest has long been rampant in the world of commercial real estate. This practice known as “dual agency” describes a brokerage firm that represents both landlords and tenants in the same negotiation. It should be obvious to a first-year law student— or even someone with just a passing knowledge of law—that those two parties have opposing interests.

Unfortunately for most tenants, most commercial real estate brokerages primarily represent landlords. That makes buyers second-class citizens in negotiations. Adding to the frustration for tenants are international organizations such as the Building Owners and Managers Association (BOMA), which have broad reach and help stack the deck against tenants.

What recourse do representatives of tenants/buyers have?

For starters, there’s a new nonprofit association ready to fight for the underdogs in this equation. The Association for Commercial Tenants (ACT) was specifically created to provide educational support, legislative guidance and industry unification. ACT stands in opposition to the inherent conflict of interest created by dual-agency brokerage, and is striving to even the playing field.

Many would say it’s about time. Here, then, is a look at the history of this unfair relationship, the unveiling of a ray of hope for those on the wrong end of landlord-tenant negotiations, and a rundown on the weapons tenants now have to fight back.

The Opening ACT Landlords own buildings and tenants rent space in those buildings to operate their businesses. Tenants represent all kinds of businesses—law firms, supply companies, bio-techs, pharmaceutical start-ups and so on. Some companies own the buildings they occupy; some rent to save upfront capital that can be used to later grow the business.

Commercial brokerage was created more than a century ago, and it began as a way to help landlords sell and lease properties.

It was only later that tenant representation became part of the industry.

BOMA came along and helped create a huge support system for landlords and their professionals. This union-like organization aggregated the voice of landlords, and gave a boost to a group that already had an unfair advantage.

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Rental dollars paid for the industry to flourish. Holding all the cards, landlords were then able to manipulate the system to unfair advantage.

For example, over the past two decades there’s the all too common example of buildings magically growing in size.

How is that possible? Building owners have found ways to get architects to be creative in their square-foot measuring guidelines. A space that was 100,000 square feet 20 years ago may suddenly be listed at 110,000 square feet today. Artificially growing the space means that the price can be bumped up.

The building hasn’t gotten any bigger—but the interior spaces that are added to the measurement equation somehow grow, to the delight of owners. These are the kinds of practices that can be installed when a group is backed by money and clout.

Tenants, on the other hand, have long treated office space as a “need-to-have” expense. For tenants, leasing space is not their expertise. Therefore, they continually get taken advantage of—legally, economically and flexibility-wise.

Buyers have long had no bargaining power, no voice, and no super hero standing up for them (except for a few tenantrepresentation companies that exclusively work for tenants in lease and purchase transactions).

Now one of the leading providers of exclusive tenant representation has created an organization to be the counterbalance to BOMA—a group whose members today represent 10.5 billion square feet of property in the United States. The goal of ACT is to bring tenants the bargaining power, voice and protection that they deserve.

Why ACT Now? After 25 years of providing award-winning professional service in commercial real estate brokerage and serving as a pioneer in the industry that exclusively represents tenants, my wife (COO of Hughes Marino) Shay Hughes and I founded ACT. Our mission is to expose landlords and other organizations that take advantage of commercial tenants, and shine a light on the dark corners of commercial real estate.

Shay and I own and operate commercial real estate firm Hughes Marino—a nationally recognized, 100-percentfamily-owned business headquartered in San Diego. With offices up and down the West Coast, Hughes Marino has partners that span across the country and around the globe.

Commercial real estate tenants need and deserve an organization that is empowered to stand up for their rights.

BOMA wields tremendous influence, monitors and lobbies legislative issues and publishes codes and standards on building measurements and other industry issues. ACT gives tenants a seat at the table and a voice to demand truth, justice and fairness.

Prior to founding ACT, I have personally taken on an active role in changing the industry. In 2014, I was responsible for getting California’s legislature and Gov. Jerry Brown to sign Senate Bill 1171 into law. Dubbed the Dual Agency Disclosure Law, it went into effect in January 2015.

It was a small step toward overall transparency in commercial real estate brokerage disclosure, and a large victory for tenants.

Following that passage, in December 2016, California’s State Supreme Court upheld an Appellate Court ruling (Horiike v. Coldwell Banker) stating that dual agents have an inherent conflict of interest—and also encouraged Sacramento to modify the laws on dual agency in the state.

Our goal now is to make dual agency illegal in California— and across the United States.

Examples of common lease discrepancies that ACT can provide information on include: base year expenses; operating expense reconciliation; capital expenses versus recoverable expenses; measurement of space; landlord relocation provisions; damage and destruction provisions; subleasing and assignment provisions; option to renew, contract, expand provisions; and parking expenses and double dipping with building expenses.

Coming soon, there are plans in the works for an ACT annual meeting, where members can participate in educational sessions with commercial real estate experts, as well as network with like-minded peers.

If you want to be a part of helping balance the scales of an injustice, ACT now. n Jason Hughes is president, CEO, and owner of Hughes Marino. Jason began his commercial real estate career in the 1980s working for Cushman & Wakefield in the Century City area of Los Angeles. He later moved to San Diego where he has represented corporate, non-profit and municipal tenants in their lease and purchase negotiations for nearly thirty nears. For more information about ACT, or to find out about how to join, visit actrealestate.org, or email info@actrealestate.org.

Benefits of ACTion Who can join ACT? Any company, or representative of a business or firm, that engages in the act of renting commercial office space.

One of ACTS’s major functions is to create awareness and propose legislation regarding the conflict of interest within dual-representation agencies. By becoming a member of ACT, companies are gaining strength in numbers. How? By uniting together with other tenants who negotiate with powerful landlords.

ACT is a nonprofit, and not a union, but members realize economic benefits in the same way any interest group with a shared interest bands together and stands united for a common cause.

Members have access to educational content, are frequently updated on codes, standards and practices, and can enter into transactions with the peace of mind knowing they are supported by unified clout.

Another benefit: ACT is revolutionizing the landlordtenant relationship by creating a private registry of landlords that includes ratings by member companies.

The nonprofit’s members can rate landlords on a scale that will note if certain entities are blacklisted for unacceptable business practices.

The ACT team is available by telephone or email, and delivers monthly bulletins to members, annual white papers on industry standards and updates on legislative and legal matters.

San Diego’s Leading Construction Defect and Employment Litigation Attorney FOCUSED ON OUR CLIENTS, FIXATED ON THEIR RESULTS

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• Homeowner associations and groups of single family homeowners in construction defect litigation • Aggrieved employees in wage and hour class actions • Tenants in unlawful housing practice class actions

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Attorney Journal San Diego | Volume 165, 2017

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Five Tips on Hiring an SEO Firm For Your Law Practice

by Josh Gerben

W

hile there are infinite ways to spend money marketing your law firm, only some will deliver the right return on investment. In my experience, especially in today’s digital marketing environment, working with the right search engine optimization (SEO) provider is still one of the best investments a small firm can make.

When I opened my law firm in 2008, I did so with exactly zero clients. Since then, thanks in large part to my SEO and search engine marketing (SEM) efforts, I’ve represented more than 4,000 clients. Here are five tips to give you a head start choosing the right people to help you, too.

How to NOT Blow Your Search Marketing Budget By following these guidelines, you’ll avoid many of the costliest, yet common, search marketing pitfalls.

1. Work with the right size provider for your practice.

As the owner of a boutique (i.e., small) law firm, I’ve found that working with a boutique (i.e., small) SEO firm is best. The first one I hired was a large Silicon Valley firm. Even though our $30,000 annual budget was (and still is!) a lot of money for me, it quickly became clear that we were not a priority for them. The next provider I hired—one with less than 10 employees—found my business much more valuable.

Are there downsides to hiring a small SEO firm? Certainly.

They simply don’t have the same resources as larger firms. That said, really good lawyers who practice in boutique firms are true experts in their field and sought out by clients—and the same goes for a good boutique SEO firm.

2. Set clear campaign goals (and be patient).

As Google’s algorithm has gotten smarter, ranking well for competitive keywords in organic search has required a lot more 26

Attorney Journal San Diego | Volume 165, 2017

work. It is so hard that many SEO firms refuse to commit to trying to rank your business for specific keywords. Hard, however, doesn’t mean impossible—and the payoff is worth the effort. A true SEO pro understands that organic search rankings are a huge part of any well-rounded SEO strategy, and knows how to identify and optimize site keywords to improve your rank, driving targeted traffic to your site and generating a much greater ROI for your SEO budget. If a provider won’t discuss its plan for helping your firm rank well for a specific keyword set, find another provider.

Do not be lured in, though, by SEO firms with “too good to be true” offers that promise to boost your site to the top of organic search results in a few days, weeks or months. To do this would require manipulating the search engine rankings in a way that is likely to get your site blacklisted. A good SEO campaign easily takes 12 to 24 months to develop before you begin seeing any real ROI. Patience is important.

3. Determine their deliverables and your approval process.

Once you’ve determined your campaign’s goals, work with your SEO team to identify deliverables. There are typically three types: • On-site – Working on your website to improve code and internal linking • On-site – Developing content for your website • Off-site – Obtaining links from other reputable websites back to your site You want to know how much time the SEO firm will spend on each task, and understand the amount of work that will be accomplished, so you can ensure you’re getting enough value for what you’re spending. For example, how much content will be developed? How many links will be obtained, and from where?

(See No. 5.)

Watch out for an SEO firm that tells you “content is king,” claiming that if you produce good content, people will naturally link to your site. They’re really saying there’s no need for them to actively go out and get you links. If you hear that, consider it an “alternative fact.” In reality, it is rare for someone else to link to a lawyer’s site simply because the content is so good. Most law firm SEO campaigns need effective link-building efforts on top of producing on-site content. Link building is hard work, and only truly professional SEO firms will commit to delivering quality external links to your site.

4. Set up proper tracking.

One of my business mentors always tells me, “You only get what you inspect, not what you expect.” Make sure tracking software is installed on your website so you can track the calls and contact forms that are generated from your SEO campaigns. And if you don’t already have a Google Analytics account, make sure your SEO firm helps you set it up. Google Analytics is the gold standard when it comes to viewing and analyzing traffic to your website. Understanding how to read the data it provides will ensure you can keep a careful eye on the value you are getting out of your SEO investment.

5. Keep legal marketing ethics in mind.

Most SEO firms are run by people who work in the cutthroat world of internet marketing. They won’t necessarily be aware

of all the fine lines a lawyer must walk when advertising a law firm’s services. It’s up to you to keep on top of the ethics rules and guidelines that govern legal marketing.

• Educate your SEO firm on the importance of ethical considerations in legal marketing.

• Always review the content produced by the SEO firm before it goes live on your website.

• Make sure your SEO firm knows it must have your approval before embarking on any new initiative.

When done well, search engine marketing can be a huge boost to your lead generation efforts and your firm’s bottom line. Choose a provider that’s the right size and fit for your law practice, then lay out clear goals and deliverables. Get your software in place to gather data, and always make sure your SEO team is aware of the ethics rules surrounding legal marketing. n Josh Gerben is the founder of the Gerben Law Firm, PLLC. He is a U.S. trademark attorney who has represented clients in more than 5,000 trademark filings. Featured in a variety of national news outlets including FOX News, NPR and The Wall Street Journal, Gerben Law Firm was named one of 2016’s Top 10 trademark filers in the U.S. by World Trademark Review.

Follow him @JoshGerben. Previously published in Attorney at Work.

Law Office of Jeff Bennion

Creativity. Experience. Dedication Award winning personal injury trial attorney

We work hard to make sure our clients’ stories are told to the jury in the most impactful and persuasive way. Our track record of success in trial and leading up to trial have resulted in recovering millions for clients.

www.jbennionlaw.com jeff@jbennionlaw.com

Attorney Journal San Diego | Volume 165, 2017

27

Chaos is King, Until it’s Not

A Solo’s Guide to Order

by Evan Walker

C

haos sounds the death knell for any solo attorney’s practice.

It breeds confusion, distraction, and disorder. Unfortunately, for most solos, chaos is the natural state of affairs. The reason is simple: The practice of law consists of many moving parts at all times, each of which is dynamic and contingent.

Take a simple example from my practice: a car accident.

The people involved include the client, the injured party, and the defendant, the responsible party. In addition, there are the client’s health-care providers and lienholders, and the defendant’s insurance company, which is represented by an adjuster. Easily, several people are involved in even the most straightforward personal injury case. If litigation is filed, the plaintiff and defense attorneys become involved. And every piece of paper sent between the parties is subject to a deadline once litigation is filed.

Take that simple example and multiply it by 10 other cases, or by 20 other cases, even 30. Now chaos opens like a chasm.

How to Tame Chaos? Implement Order Here is the system I use to implement order in my solo law practice.

Emails. Dozens of emails arrive hourly, flooding my inbox with requests, denials, information, questions, answers and updates.

Even a cursory glance at my inbox leaves me restive. Here are the actions I take to implement order: • I unsubscribe to any nonessential emails (e.g., social media notifications, company discounts, concert listings, online sales).

• I check my emails at set times throughout the day—starting when I arrive at the office, never immediately after waking up and grabbing my iPhone.

• When I check my inbox, I scan for important or timesensitive emails and address those first; the remaining emails are then placed within specific client folders.

• After I reduce my inbox to zero, I close it and work on other matters until my next set time occurs.

• I repeat this process four to seven times a day.

Paper. My office is paperless, which is a tremendously helpful way to maintain order. I do not have to shuffle through reams of paper searching for that elusive document. I can locate it within seconds by performing a search on my computer. Here is what I do with all the paper coming into my office: • When I receive the mail each day, I scan each document into

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my ScanSnap iX500, the perfect scanner for a solo. (It sits on my desk next to my computer.)

• I date each document and place it into the appropriate electronic client file.

• I take all scanned paper and shred it.

Client files. Each client has a client file. Every client file is stored on Dropbox Pro (now Plus), which encrypts it. Currently, I have no reason to distrust the security and encryption offered

by Dropbox Pro. Even so, every client fee agreement contains a paragraph stating that the client “acknowledges that there may be risks, including related to confidentiality and security, in using cloud services and email.”

All client files are organized the same way. Every client file includes a master document labeled “notes” created in Microsoft Word. All contact information, research conversations, costs, dates, tasks and other relevant matters are contained in that master document. When I open it, I can identify all persons involved, review all research and conversations, tabulate costs incurred, and learn all past and upcoming dates. Most importantly, I can quickly see what needs to be done. For example, when I place an email into a client folder, I also put a memo in the note document to read that email. I do the same thing for mail received. So when I open the master document, I know within seconds that I need to read certain emails and mail. Then I do it, along with other tasks listed.

Case status. Every Sunday, I review my cases by opening their “notes.” From there I see what tasks I need to do for the week.

I also learn the current status of the case. At that point, I plan my workweek based on completing the most important tasks for that week—for example, attend a deposition or court hearing, answer discovery, respond to an email or letter, research an issue.

“Good Order is the Foundation of All Things” – Edmund Burke Of course, this is an imperfect process. And even then, I fail to follow it exactly. But I’ve found that this process allows me to sustain some order over an inherently chaotic practice. n Evan Walker is the founder of The Law Office of Evan W. Walker in La Jolla, CA, where he practices personal injury claims and insurance disputes. Before opening his practice in 2015, he practiced in-house with Travelers’ Insurance. Evan received his J.D. from Loyola University New Orleans College of Law in 2008.

Follow him on Twitter @evanwwalker and on LinkedIn. Previously published in Attorney at Work.

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Chihak & Martel celebrates its firm members being named to the San Diego Super Lawyers list, and to its principal Cynthia Chihak for being selected to the Top 25 Women Lawyers in San Diego for eleven consecutive years.

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