Attorney Journal, San Diego, Volume 171

SAN DIEGO

Volume 171, 2017 $6.95

How to Get More Law Firm Reviews Online

5 Lessons for Law Firm Marketers From HubSpot’s INBOUND 2017

Aaron George

Stefanie Knapp Are You a Networking Rock Star or Rookie?

Steve Fretzin

LAW FIRM OF THE MONTH

Kalfayan Merjanian, LLP, San Diego Helping Clients Navigate a Challenging Legal System

Attorney of the Month

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T.Burd Law Group, APC, San Diego

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2017 EDITION—NO.171

TABLE OF CONTENTS

14

6 How to Get More Law Firm Reviews Online

by Aaron George

10 Five Lessons for Law Firm Marketers From HubSpot’s INBOUND 2017

by Stefanie Knapp

10 EXECUTIVE PUBLISHER Brian Topor EDITOR Wendy Price CREATIVE SERVICES Skidmutro Creative Partners CIRCULATION Angela Watson PHOTOGRAPHY Chris Griffiths STAFF WRITERS Dan Baldwin Jennifer Hadley CONTRIBUTING EDITORIALISTS Aaron George Steve Fretzin Stefanie Knapp 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.

22

ATTORNEY OF THE MONTH

14 Tara R. Burd, T.Burd Law Group, APC, San Diego Quarterbacking Success In a Challenging Field

by Dan Baldwin

LAW FIRM OF THE MONTH

22 Kalfayan Merjanian, LLP, San Diego Helping Clients Navigate a Challenging Legal System

by Dan Baldwin

30 Are You a Networking Rock Star or Rookie?

by Steve Fretzin

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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How to Get More Law Firm Reviews Online

by Aaron George

W

ith all the stories we hear of identity theft and security breaches these days, it can be tough to build trust with prospective customers online.

One of the best ways to do it is with social proof and testimonials. People want to know that others just like them have had a positive experience using a product or service before making a purchase. In fact, according to a ZenDesk survey, almost 90% of people reported that they have been influenced by online customer reviews when making a purchasing decision. For this reason, it pays (literally) to get as many good law firm reviews as possible on major websites like Google, Facebook, Yelp, and Avvo. In this post, we’ll provide some helpful tips about how to get more law firm reviews online so you can capitalize on this growing trend.

Positive Law Firm Reviews Will Help Build Your Brand Your brand is not defined by what you say in your marketing messages, or what you want people to think about you. It’s defined by the experience customers have working with your business, and what they say about it.

Many lawyers hate the idea of having their clients review them, but client reviews are an extremely effective way to develop your brand online, so it’s time to embrace the trend.

Positive brand interactions will help drive consumer confidence, referrals, and repeat customers, while negative brand interactions will do just the opposite.

For this reason, it’s important to not only focus on providing great customer service to all your clients, but also to encourage them to share their positive experiences with others.

By getting your satisfied clients to publish positive reviews online, you can establish credibility for your firm and develop trust with new potential clients, which is probably the single most important factor people look for when hiring a lawyer.

How to Get More Law Firm Reviews Online Below is an overview of the steps you should take to start getting more positive law firm reviews online.

Create Profiles on Popular Review Websites You can’t build up your law firm reviews unless you have a presence on the major review sites. The most important law firm review websites are listed below. You should sign up for all of them to maximize your success.

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Attorney Journal San Diego | Volume 171, 2017

Avvo is an extremely popular website for consumers looking for legal services. They receive well over 10 million highly targeted visitors per month.

You may not agree with Avvo’s questionable marketing tactics, but you would be foolish not to have a presence on such a major lawyer directory website these days.

Even if you didn’t sign up for Avvo, you probably already have an Avvo profile that was compiled from the State Bar directory. You can claim this profile for free and start updating it to improve your Avvo rating.

If someone Googles your name, there is a good chance that your Avvo profile will show up near the top of the search results. It’s really important that you have an updated profile with positive reviews, or this person might have second thoughts about hiring you.

Avvo has a built-in feature that enables you to send an email blast to contacts in your network to request reviews. This can be an easy way to jumpstart the process of building up your online law firm reviews.

Google, as you probably know, is by far the most common place people go to search for lawyers online. Having a presence on Google is essential toward your online marketing efforts.

In recent years, Google has made a concerted effort to offer more tools for small and medium businesses, particularly with their Google My Business product.

My Business allows you to create a business listing for free and update it with your contact information, address, content, offers, and reviews.

Building up reviews on your Google listing will not only help your law firm show up higher in search results, but also reinforce your credibility and trustworthiness when people find you. It’s one of the easiest and most cost-effective ways to improve your local SEO and attract potential clients.

Just about everyone spends time on Facebook every single day, as they have over 1.32 billion daily active users. Along with Google, Facebook is one of the largest and best channels for online marketing.

Facebook isn’t necessarily the first place people turn to search for a lawyer, but because Facebook has such massive web traffic, your law firm Facebook page is likely to show up on the first page of any Google search for your name.

Just like with Avvo, you should make sure your law firm Facebook page looks professional and gives people an indication that you are

reliable and trustworthy. Having as many positive reviews from past clients as possible is the best way to do it.

Learn more about Facebook marketing strategies in our post about Facebook marketing tips for lawyers.

INTERESTED IN GROWING YOUR LAW PRACTICE? DO YOU HAVE AN EXIT STRATEGY?

Yelp is one of the best tools for local business discovery, and it has millions of people using it every day. While it doesn’t specifically target lawyers or law firms, it does have a lot of useful features that you can add to your online marketing arsenal.

Many of the more advanced Yelp features may require you to be a paying advertiser, but claiming your Yelp page is free. You should also add photos and fill out your complete profile to make it look professional.

Of these four review sites, Yelp is probably the least important for lawyers overall, but you should still use it and try to build up some good reviews. The more exposure you can get online, the better.

Check out our Yelp marketing guide for law firms for more information.

Make it Easy for Clients to Review You The average client probably won’t go out of their way to leave you a review, unless of course they had a negative experience. This is why it’s important to make it as easy as possible for them.

You should put links to all of your review profiles in as many places as possible, wherever clients will be likely to see them. Some good places to have these links include: • Your website • Your email signature • Your email newsletters Include some text to let clients know that you value their business, and that reviews are an important way for you to get feedback so you can constantly strive to improve.

Deliver Amazing Service to Clients You shouldn’t just do it for the reviews of course, but the more effort you can put into truly going above and beyond to satisfy your clients, the more positive law firm reviews you will get.

Here are some suggestions to improve your law firm customer service: Use a Virtual Receptionist to Answer Every Call Nobody likes hearing an automated recording or a voicemail on the other end of the line. A virtual receptionist will help you provide a more personal touch, while saving you time and the cost of hiring a full-time receptionist.

Be a Better Listener Clients just want somebody to vent to sometimes. Even though you might feel like you are wasting your time by listening, giving them the attention they need can go a long way toward earning their trust and building a strong relationship. Leaving a glowing review is the least they can do for you in return.

Use Technology to Make Processes Effortless Clients have to complete a number of tasks and processes when working with you, like filling out forms, signing documents, making payments, and sending you files. Offering online intake forms, e-signatures, and online payment processing is a great idea for today’s tech-savvy clients who expect everything to be quick and easy.

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Considering the growing number of attorneys looking to exit their law practices in the next several years, along with the understanding that almost 90% of practice owners do not have a documented exit strategy, the time for legacy and growth opportunities has arrived. As the practices of law and technology collide, opportunities abound for those law firms and attorneys with the foresight to make legacy-focused decisions today.

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Attorney Journal San Diego | Volume 171, 2017

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Don’t Charge for Every Call and Email Nothing leaves a bad taste in a client’s mouth like finding out they got billed for a five-sentence email. Yes, lawyers often get paid by the hour and this is technically billable time. But clients expect more value these days, and longterm, you’ll be paid back for this lost time by developing a thriving practice with satisfied clients.

Ask for Reviews in the Right Way and at the Right Time The best way to get more online law firm reviews is simply to ask for them. Just be sure to do it tastefully and at the right moment.

Here are some final tips about how to ask for client reviews directly without coming across as spammy or annoying: Make Reviews Part of Your Process Implement a process for asking for reviews, such as always sending out a thank you email when you finish working on a client's matter that asks them for their honest feedback.

If you did your job, they should have nothing but nice things to say.

Also, be sure that all your staff members understand the importance of getting positive reviews so that they can look for opportunities to ask as well during their daily communications with clients.

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

Look for Cues of Satisfaction The best time to ask someone for a review is when they are clearly satisfied with your service. Keep an eye out for these opportunities, and seize them when possible.

For example, if a client sends you a thank you email or shows appreciation or gratitude in any way, this is a perfect opportunity to nudge them toward giving you a review.

Just let them know it would mean a lot to you if they left a review, and that you really value their feedback.

Offer a Small Incentive You might even consider giving a small incentive for people to leave a review, just to make it really worth their while.

For example, you could do a monthly drawing and give away a $25 gift card. Any client who leaves a review will be entered into the drawing automatically. This will not only incentivize them to leave a review, but the winner will feel even more satisfied about their overall experience working with your law firm.

It’s a small price to pay for an online marketing asset which will last a lifetime. n Aaron George is the co-founder of Lexicata, the leading relationship management software for law firms. Lexicata provides an end-to-end solution that streamlines client intake and helps with communication between a law firm, its clients, and its professional network. Features include customizable online intake forms, e-signable document templates, task management, email sync, an email automation system, and more.

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Attorney Journal San Diego | Volume 171, 2017

5 Lessons for Law Firm Marketers From HubSpot’s INBOUND 2017 Conference

by Stefanie Knapp

I know some folks within law firms are wary of attending marketing conferences outside of legal but I’ve found that, with the right conference and an open mind, you will come away even more energized because not only can you see what’s happening outside of our industry, you can also see how to actually implement fresh ideas at your own firm.

Last week, I was lucky enough to attend INBOUND 2017 in Boston, a huge event focused, of course, on inbound marketing.

From the speakers to the session topics to the service partners and the amazing people I met, it was one of the most inspiring conferences I’ve attended. I came away excited and armed with new ideas to implement immediately.

As I look back on my many, many tweets (aka my notes) I found five big themes that were discussed at the conference:

1. Invest in video Video is projected to be 82% of internet traffic by 2020.

Many firms are now producing videos, but many more are still struggling to get started. Here are a few tips: • Decide if you’ll outsource the video or shoot in-house. If you’re going to shoot the video yourself, the “best” video gear is the gear you can afford, said George B. Thomas, Inbound & Brand Strategist, The Sales Lion. There are great options at all price points.

• Struggling for video topics? Ask your lawyers about the top questions they get from clients. Turn a recent written article into a short video highlighting the key points. Film at one of your events where you can interview speakers and attendees.

• Get it out there. Publish your video on your site and YouTube and JD Supra. Create short snippets to post on your social media networks. Put thumbnails that link to the video in your emails.

2. Create an environment for courageous creativity “Everyone has the potential to be creative. Remove the blocks. Make it okay to make mistakes.” —Edwin Catmull, President of Pixar and Walt Disney Animation Studios.

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Attorney Journal San Diego | Volume 171, 2017

Unfortunately, in law firms a more common experience is illustrated in this cartoon shared at the conference

by Adam Grant, organizational psychologist and Wharton professor.

Find ways to cultivate creativity within your team and turn those ideas into real results: • Provide an open forum on a regular basis where anyone can share their ideas without having to take into account budget, personnel or any other potential barriers.

• Go to people outside of your department, but who know enough about the topic, and pitch them your idea.

They’ll be able to provide more objective feedback.

• Take an unfamiliar idea and make it familiar. Grant said that no one understood the first Lion King movie pitch.

It was explained as Bambi in Africa. Someone reframed the idea as Hamlet with lions. The movie was picked up and became the highest-grossing film of 1994 worldwide.

3. P rovide clients information when and how they want it “Messaging is the biggest change in our industry since social media” —Kipp Bodner, HubSpot Chief Marketing Officer.

A number that was thrown out a lot over the four-day conference was 1.3 billion—the number of people using Facebook Messenger each month. And that’s not all personal communication—two billion messages are sent

between people and businesses each month, according to Facebook. HubSpot recently conducted a survey and found 71% of respondents were willing to use a messaging app to get assistance. We live in a culture of instant gratification and our clients are no different.

5. Test. Analyze. Optimize. Repeat.

• Provide clients and potential clients options for communicating with your firm in the way that they want to communicate with us—email, phone, and, yes, even chat.

• Offer a messaging option on your site, either live chat or bot.

It not only provides the immediacy that your clients want, but would provide additional data that you could use to sell to these clients and potential clients.

We have more data available to us than ever before, but we need to analyze that data, test new ideas and then optimize to achieve the best results.

4. Take a look in the mirror.

“You can’t think in new ways if there isn’t diversity of perspective and experience.” —Elaine Welteroth, Editor-inChief, Teen Vogue Welteroth challenged the audience to look at the makeup of our own organizations. Does it reflect who we want to speak to? If not, that’s where we need to start.

• Evaluate who at your firm writes articles and speaks at events.

Are there opportunities to get other voices involved?

• Create cross-departmental teams to tackle issues within the firm. Include employees from all levels.

“We have, mathematically, a better chance of dying in a plane crash than clicking on a banner ad,” —Jeff Rosenblum, Founding Partner, Questus

• Look at the top 10 pages on your website and optimize them for conversion.

• Examine the best times to send your email. Currently, we have to do this for our entire list, but soon using AI there will be ways to automate sending emails to the best times for each individual contact.

• Experiment with paid distribution and advertising. Discover the channels that work for your firm and double down on them. n Stefanie Knapp is the online marketing manager for Allen Matkins, a California-based law firm serving the real estate industry. Stefanie manages the firm’s online communications initiatives, including the firm’s website, videos, email marketing, blogs, and social media campaigns. Prior to joining the legal marketing profession, Stefanie was an award-winning reporter and editor at the Los Angeles Daily Journal. She holds a B.A. in magazine journalism from Syracuse University and an M.B.A. from UCLA Anderson School of Management. This article originally appeared on JD Supra.

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Attorney Journal San Diego | Volume 171, 2017

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Quarterbacking

Success

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by Dan Baldwin

E

very team needs a quarterback, especially when that team is composed of attorneys, clients and support personnel operating in a complex and changing field. Someone must step out and take the leadership position to create and execute a successful strategy in the courtroom or across the negotiating table.

To extend the metaphor, Tara R. Burd, of T.Burd Law Group, APC takes that ball and runs with it. She is a solo practitioner with two attorneys as of counsel: David McCuaig, who runs Sona Legal APC, a transactional firm, and William (“Bill”) Markham, a leading anti-trust litigator. She also frequently hires contract attorneys on an as-needed basis, and has worked with more than 15 attorneys on that basis.

The association with McCuaig is an example of how legal firms are increasing depth of service without adding staff. “We are the perfect opposites: the same goals with complimentary skill sets.

I’d rather write motions and draft pleadings, while he would rather draft e-commerce agreements and manage corporate governance. Together, we can offer more robust services to our clients; big firm services with small firm care,” Burd says.

The practice areas of T.Burd Law Group are estate planning, probate and litigation—areas where she has a specific advantage.

Few probate practitioners have the strong litigation background Burd has. This gives her a significant advantage when probates or trust issues become litigious. She and her team are able to handle the entire process whereas other attorneys often need to hand off certain issues or bring in additional (and costly/time-consuming) counsel.

Burd says, “For example, consider damages arising from a person who gets injured, while performing a contract, for an individual who then becomes deceased. Such a matter could 14

Attorney Journal San Diego | Volume 171, 2017

easily include aspects of personal injury, employment, breach of contract, and probate. I am able to quarterback this type of complex multi-forum action.”

Burd began her solo practice in 2011 and after a year on her own decided to continue the practice of law as a self-employed attorney. “The reality is, when you’re always pushing yourself, the practice of law—as well as the business of law—never really gets easier, it just becomes challenging in different ways. I discovered that I enjoy the business challenges just as much as I enjoyed actually practicing law. It’s a good balance,” she says.

Starting a new practice is challenging and time consuming and many attorneys find that it is easy to cut corners in the name of efficiency or when they’re overwhelmed. “My formula for success isn’t necessarily easy, but it is simple and straight-forward: Do things correctly from the very beginning, work hard, and don’t give up,” Burd says.

The Business of Life Burd says, “As a young child, my dad always told me to put everything in writing. When we had a bet going—it didn’t matter how small the wager was—he would make sure we wrote down the terms even if it was on a napkin.” The lesson for Burd was that everyday people have business-like problems too.

Burd has represented a groom jilted by his fiancé who cleaned out their joint bank account; women ousted from their family home; and best friends investing in business together. She works closely and co-counsels with numerous law firms in litigation matters to ensure that her clients receive the best and most comprehensive representation possible.

What do Burd’s cases have in common? Broken promises.

ATTORNEY

OF THE MONTH

© Bauman Photographers

2017 2016

Anyone who has suffered $100K-plus in damages due to a broken promise by a business partner, friend, or loved one needs an attorney experienced in pursuing and defending contractand fraud-related actions. This is particularly important when dealing with assets such as real property or shared bank accounts.

Burd is no stranger to high-profile verdicts. In 2016, Burd achieved a judgment after trial in the amount of $7.4 million in an estate-related breach of contract to make a will dispute, with co-counsel Stuart Furman and James Caputo of the Southern California Legal Center. A neighbor promised Burd’s client that the client would receive significant assets after the neighbor’s death. In exchange, the client helped her neighbor manage his multiple apartment complexes and cared for his many needs.

Burd says, “This type of promise is not uncommon. Elderly persons often want to leave their home to someone after they die. The problems arise when they don’t properly plan.”

Like many cases, a trial is not the end of the road for Burd’s client. She and her co-counsel continue to pursue their client’s rights in the probate court in order to collect the full amount of the judgment. In fact, after the initial action, the prosecution of the single dispute resulted in no less than 20 separate legal actions­—Burd was involved in half of them.

T.Burd Law Group contracted with the lead attorney on the case to represent the granddaughter of an elderly woman (grandma) with rapidly declining dementia. The grandmother could answer questions with such apparent clarity that people believed she was competent, but the answers were far from accurate. Burd’s client was simultaneously consumed with the tragic loss of her mother to cancer.

Initially, the facts were shocking, but Burd learned that the pattern was all too common. In Burd’s case, an estranged sister of grandma and an unscrupulous neighbor isolated the grandmother and then convinced her to take a plane out of state. There, the grandma tried to run away. She was unsuccessful and was placed in a home that locked patients in with bungee cords and guarded them with dogs. She said she wanted to die and mentally deteriorated quickly.

Burd’s team sought to return grandma to her granddaughter in San Diego. Their client had rights under the terms of the estate planning documents, but those rights were usurped by the court and estranged sister. Because the client’s home was held in title by the grandma, the court sought to evict Burd’s client if she declined to pay market rent on her own childhood home. Burd says, “Family members often blur lines regarding

“Sometimes we have so much fun that it’s hard to imagine why someone wouldn't like going to work,” Burd says.

“Anyone who is promised money or property, whether during life or death, should consult an attorney to make sure their rights are protected,” says Burd. She believes her role as an attorney is to seize opportunities to problem solve, support, and advocate.

She shares with her clients, colleagues and in continuing legal education courses: “A will is not enough. A handshake is not enough. Serious promises have legal implications and the best way for the parties to protect their rights is to consult with an attorney from the beginning ... but if that doesn’t happen, I am here to represent you in court.”

The Case of the Kidnapped Grandma Some of the scenarios Burd has encountered shock the senses and demonstrate the important public purpose that advocates continue to play in modern society. For example, “The Case of the Kidnapped Granny” proved the importance of thorough estate planning to help clients protect families and futures from unnecessary emotional strain and legal costs.

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Attorney Journal San Diego | Volume 171, 2017

homeownership and finances. Unfortunately, when something goes wrong, the courts look at the situation more like a business.”

Early in the case, Burd was tasked with taking statements from the immediate and extended family. “The stories they told and tears they shed wore heavily on me. They screamed out a truth, which was ignored by the local courts and denied by local law enforcement. Doctors’ letters and family testimonials were not enough to prove to a dispassionate justice system that the grandmother had not fled her home with legal intent.” Burd says.

Burd’s team tried tirelessly to return grandma to their client, her granddaughter. The case was litigated in probate court, civil court, federal court, and out of state. Burd’s team learned foreign state laws and flew across the country to prove that the grandmother belonged in San Diego. They won in an arduous ten-month case and succeeded in returning the grandmother to Southern California. Unfortunately, grandma died soon after her return. The death certificate identified “dementia” as her cause of death: a diagnosis her own attorney had been denying to the court. Burd’s client was grateful to have been reunited with her grandmother during her final days.

Š Bauman Photographers

Looking Ahead Burd recognizes that law firms are not defined today as they were 20 or 30 years ago. She thought out and carefully executed a rebranding into T.Burd Law Group, APC with the goal of partnering with other attorneys to offer more well-rounded services. Today, small firms can associate together in order to offer diverse client services without the overhead associated with larger firms.

For example, in January 2017, she moved into adjacent office spaces with two colleagues, Eric LaGuardia and Omar Nassar, who also have their own firms. Later in the year, Daniel Gamez and David McCuaig moved their firms into an office building just across the street. The five attorneys regularly meet for lunch or coffee.

The comradeship benefits the attorneys and ultimately their respective clients. The breaks provide an opportunity to discuss daily challenges, new cases, new techniques and personal experiences. “We’ve been able to recreate some of the advantages of a bigger law firm experience without the law firm itself—engaging in big firm collaboration while retaining the benefits of being solo practitioners.

Sometimes we have so much fun that it’s hard to imagine why anyone wouldn’t like going to work,” Burd says.

Clearly Burd’s approach is paying off. Not only is she having fun, but she has been recognized numerous times in the community and travels across the county sharing her knowledge and experience with her peers. The old road is rapidly aging, and Burd is clearing the new path forward. n Contact Tara R. Burd T.Burd Law Group, APC 402 W. Broadway, Suite 800 San Diego, CA 92101 858.215.2873 tburd@taraburd.com tburdlawgroup.com 18

Attorney Journal San Diego | Volume 171, 2017

© Bauman Photographers

EXPERIENCE

Burd says, “The legal challenges and harsh realities of this case were unprecedented in my career. The indelible impression left by the family’s heartache continues to motivate me to prevent other families from suffering the same agonizing loss. The irony is that the grandmother had a regularly updated estate plan that should have prevented the entire incident. Even the best laid plans can be led astray by those with ill intentions.”

The lesson for Burd was that attorneys need to help their clients plan better. “I’ve seen how things can go sideways after death or incompetency. I am committed to understanding my client’s wishes and specifically tailoring their estate plans so that their wishes can be fulfilled. That’s the value in hiring an attorney, and it’s the one time that I can help people before anyone is fighting,” she says.

» EDUCATION

• San Diego Inn of Court – Graduate, Trial Advocacy Workshop, 2014 • California Western SOL cum laude with Honors – Distinction in Criminal Prosecution & Defense Practice Concentration – Juris Doctor, 2010 • San Diego State University – Criminal Justice Administration, Bachelor of Science, 2005

» AWARDS

• Super Lawyers – San Diego Rising Stars, 2017, 2018 • Top 100 Finalist – San Diego Business Journal’s Business Women of the Year Awards, 2017 • Best of the Bar – San Diego Business Journal, 2016, 2017

» ACTIVE MEMBERSHIPS

• State Bar of California Real Property Law Section, Executive Committee • Chair of the Southern California Real Estate Symposium • San Diego County Bar Association – Litigation Section, Estate Planning, Trust, and Probate Law Section, Real Property Law Section • Irish-American Bar Association, Vice President • The Hon. J. Clifford Wallace American Inn of Court, Member • Lawyer’s Club of San Diego, Member and Volunteer

» ADMISSIONS

• State Bar of California • United States District Court for the Southern District of California • United States District Court for the Eastern District of California • United States Court of Appeals for the Ninth Circuit

» PUBLICATIONS

• How to Pick and Talk to a Jury: Defense Perspective, American Bar Association’s GPSOLO, Vol. 31 No. 5 • Quoted and cited in: California Lawyer, San Diego Union Tribune, KPBS San Diego, ABC, CBS, NBC and Fox affiliates • Featured in California Lawyer, Finding Their Place, April 2015, located at: callawyer.com/Clstory.cfm?eid=940362_ Finding_Their_Place • Amazon Best-seller

KHASHAYAR LAW GROUP A CIVIL LITIGATION LAW FIRM

Our experienced litigation teams are assisted by a support staff of professionals with diverse backgrounds. Our team is conversant in multiple languages, including Farsi, demonstrating our desire and ability to meet the needs of an increasingly diverse community.

RESULTS

ACCESS

The San Diego personal injury team at Khashayar Law Group has received millions of dollars in compensation for our clients.

Our clients appreciate our hands-on attorneys and are reassured by their around-the-clock availability. At Khashayar Law Group, our clients can always speak directly with their attorneys at any time, day or night.

EXPERIENCE Some cases need to go to trial, and we are aggressive and experienced enough to take them to trial.

SKILL A personal injury lawyer not only depends on their knowledge of the law, but also requires the skills and experience to use that knowledge in negotiations and the courtroom.

COMPENSATION Cases of personal injury are not limited to instances of physical harm and loss. The damages can be financial, emotional or psychological, and harm your reputation. At Khashayar Law Group, we use the latest technology to test and refute evidence presented by opposing counsel to give your referrals the compensation they deserve.

GENEROUS REFERRAL FEES PAID • 858.509.1550 12636 High Bluff Drive, Suite 400 San Diego, CA 92130 400 South Melrose Drive, Suite 209 Vista, CA 92081

9454 Wilshire Blvd., Suite 615A Beverly Hills, CA 90212

KHASHAYAR LAW GROUP

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. — Jason Hughes President & CEO, Hughes Marino

hughesmarino.com (619) 238-2111

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GOING TO TRIAL – NEED EXPERIENCED HELP?

SPECIALIZING IN BET-THE-COMPANY CASES OVER 50 YEARS OF COMBINED EXPERIENCE REFERRALS/SUBSTITUTIONS ACCEPTED AT ALL STAGES OF LITIGATION, INCLUDING TRIAL •

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Class Action

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Contract Disputes

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Employment Law/ Wrongful Termination

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Professional Negligence Litigation

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Intellectual Property Litigation

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

Helping Clients Navigate a Challenging Legal System

by Dan Baldwin

LAW FIRM

OF THE MONTH

2017 2014 “ We bring the same power, resources, experience, and novel approach to every case we handle. Our attorneys have successfully prosecuted and recovered more than $1 billion dollars across our various practice areas. We approach and pursue each case with the expectation of a jury trial which allows us to aggressively prosecute our clients’ cases to their full potential,” says Ralph Kalfayan, Managing Partner, San Diego at Kalfayan Merjanian, LLP. The firm serves clients throughout California in multiple practice areas.

Personal Injury

Antitrust

Kalfayan Merjanian is a one-stop shop for victims of accidents, offering experienced representation in such diverse areas as: automotive accidents, assault and battery, boat accidents, motorcycle accidents, pedestrian, physical trauma, products liability, slip-and-fall, traumatic brain injury, premise liability, trucking accidents, and wrongful death. Kalfayan Merjanian even has former insurance defense attorneys who now work on the plaintiff’s side at the firm.

“We see client representation as one part of the healing process, a significant part, of course, but only one element of many. We work just as hard to assist our clients in the total healing process,” says Vic A. Merjanian, Managing Partner, Newport Beach at Kalfayan Merjanian, LLP.

Businesses and consumers can fall victim to unlawful antitrust practices. They deserve not only fair business practices, but restitution for damages, which most often requires skilled and experienced legal representation.

The typical types of antitrust violations the firm handles include: agreements in restraint of trade, monopolization and oligopolization, price fixing, and unlawful tying arrangements (forcing the purchase of a second product or service to obtain the desired product or service). The firm has extensive experience handling these matters in state and federal courts.

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© christopher TODD studios

Business Litigation

Consumer Protection

Kalfayan says, “We’re attorneys but we are also business people, and in fact, business owners, also owning other businesses in addition to the law firm. We handle the small details, but within the context of the big picture. We stay ahead of the game by anticipating and overcoming the challenges blocking a client’s success.” The firm’s unique financial accounting background allows their attorneys to understand a client’s business needs and how to best represent those interests in today’s equally challenging legal environment.

Representation areas covered by the Kalfayan Merjanian team include: false advertising, unconscionable pricing, charging for services that were never provided, cellular telephone disputes, rental car disputes and other areas of consumer law.

Partnering in Success “We formed Kalfayan Merjanian to help clients in specific practice areas navigate the challenges of a complex legal system. Having had several friends and family members directly involved or injured by having their legal rights trampled upon, we wanted to pursue justice on their behalf and also for all

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the other people in the same situation but who may not have the resources or guidance to know how to proceed with their recovery,” says Merjanian.

Ralph B. Kalfayan, Esq. – Managing Partner, San Diego The firm was founded in 2013 by Ralph B. Kalfayan and Vic A. Merjanian and has grown to include approximately two dozen full-time attorneys and staff.

Kalfayan earned his Bachelor of Science degree in Accounting, graduating with honors from the University of San Diego in 1982.

He received his Juris Doctor degree in 1985 from University of San Diego School of Law. He joined the law firm of Borton Petrini & Conron in 1988 and became a partner in 1991. His major practice area was business litigation including real estate disputes, general commercial litigation, corporate work, partnership work, tax litigation or consulting work, contract disputes, and large acquisition work.

He is an experienced trial attorney and has handled a number of civil trials before a jury and several major appeals. Kalfayan was selected to the 2017 Super Lawyers list, an honor bestowed

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on those lawyers who exhibit excellence in their field of practice. Only five percent of attorneys in San Diego receive this distinction. One noteworthy article Kalfayan co-authored with Merjanian is called Ensuring Access to Affordable Medication: The Supreme Court’s Opinion in F.T.C. v. Actavis, Inc. which appeared in the Summer 2013 edition of The Journal of the Antitrust and Unfair Competition Law Section of the State Bar of California Vol. 22, No. 2. The article was subsequently cited by courts.

In August 1993, Kalfayan became of counsel to the Law Offices of Krause & Kalfayan, and in January 1994, became partner. In January 2013, Kalfayan co-founded the firm of Kalfayan Merjanian where he is presently a managing partner.

“We wanted to help people. Our friends and families have been deeply touched by legal issues, whether it’s relating to business transactions, injury, or the consumable products they rely on. We have personally seen the struggle caused by injustice. The day-to-day hurdles that should not exist in our society. We have made it our mission to help people navigate struggle so that they may have the best chance to thrive as individuals and as contributors to society,” he says.

From left to right: Daniel Wallengren, Brim Leal, Jessica Alonso, Amelia Lewis, Marcella Sanchez-Villa, Serene Nasser, Vanessa Cardinale, Michael Stodolka, John Shaver, Ralph Kalfayan, Vic Merjanian, Ed Merjanian, Radcliff Misseri, Selena Sharpe, Ryan Khalili, Lindsey Umagat, Eduardo Juarez, Amairani Salmeron, Ashley Fattah, Ava Vahdat

Vic A. Merjanian, Esq. – Managing Partner Merjanian received a Bachelor of Arts in Sociology from University of California, San Diego with a 4.0 major GPA and earned his Juris Doctor from the University of San Diego, School of Law. He served as co-founder and editor-in-chief of the inaugural edition of The San Diego Journal of Climate & Energy Law, the nation’s first student-run climate change and renewable energy law journal.

He is the founder and managing partner of Kalfayan Merjanian LLP’s Newport Beach office. His primary practice areas include antitrust, business litigation, civil litigation, and personal injury.

His affiliations include the American Bar Association, the Orange County Bar Association, the San Diego County Bar Association, and the Armenian Bar Association. He is admitted

to practice before all courts in the State of California and before the Federal District Court for the Northern District of California.

Merjanian serves as a Board Member of the Board of Directors for Two Wings, a non-profit organization dedicated to educating, mentoring and life coaching to empower at-risk youth and survivors of sex trafficking. Previously, he served as a co-founder and leader of a community group in San Diego dedicated to assisting the families of deployed military personnel. He is also a member of Surfrider Foundation. He is fluent in Armenian and is also proficient in basic Spanish and has classical training in piano, music theory, and guitar.

“My partner and I worked together for several years. As we continued to work together, our mutual respect and admiration of each other continued to grow. At the same time, more and more opportunities came our way to help people through our legal services, and outside of legal services in the other companies we own together. It was a natural transition, or rather growth and evolution of what we already had,” Merjanian says.

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Aggressively Innovative Kalfayan Merjanian is aggressive in exploring and adapting new ideas and new technologies. Several years ago the firm implemented electronic and paperless practices while these methods were still budding. The process allowed the attorneys and staff to communicate more effectively and efficiently with clients, provide them better access to materials relating to their cases, and at fast and reliable speeds.

The firm has begun rapidly expanding with referrals in the areas of Uber- and Lyft-related accidents. These cases pose many interesting legal issues and the firm’s attorneys have become adept at navigating the complex fact patterns and insurance and liability quandaries found in such cases.

“We have continued to evolve our practices to provide the latest and greatest to our clients. Our firm continues to practice heavily in our primary practice areas but constantly grows and evolves as our clients request additional services and our commitment to innovation is an extension of our continuing efforts toward client satisfaction,” says Merjanian.

Hitting the Legal Home Runs The Kalfayan Merjanian team is composed of litigation attorneys.

All cases are handled directly by those attorneys with secondary support from an experienced support staff. Team members “roundtable” cases with the entire firm every week to provide multiple perspectives and legal approaches for each case.

Management encourages building strong relationships and maintaining open and thorough communication as some of the best tools for achieving success for their clients. “A fun way we foster this is by meeting with any new potential client in

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our conference rooms and usually enjoying some chocolate or gelato with them as we learn more about each other and explore their case. Sharing a snack and having a more casual sit down provides a great venue to spring board off as we then begin representation,” says Merjanian.

“On average, our litigation attorneys are able to obtain recoveries three to five times higher than the top offer at competitor firms on the same case once they’ve been referred in to our office,” he says.

For example, the firm’s most memorable case was the In re Cipro antitrust litigation in which the firm’s attorneys filed the first consumer class action case in the State of California against generic and brand name companies for manipulating the price of Cipro. The case resolved after sixteen years of litigation and a trip to the California Supreme Court. The settlement was one of the largest settlements for California consumers in a reverse payment antitrust case in State court, says Kalfayan.

On the other end of the spectrum, the firm receives and routinely resolves personal injury or business litigation cases pro bono when clients are severely injured but recovery options are limited.

A client wrote, “I’ve talked to Vic many times about legal issues and he’s always provided good advice and valuable insight.” n Contact Vic A. Merjanian, Esq. & Ralph B. Kalfayan, Esq. Kalfayan Merjanian, LLP 500 Newport Center Dr., Suite 950 Newport Beach, CA 92660 www.rkvmlaw.com

Peter Maretz Shareholder

Torri Sherlin Associate

Adam Parry Associate

Jacque Godoy Senior Counsel

Providing Boutique, White-Glove Service to the Hospitality Industry Stokes Wagner, ALC One America Plaza 600 West Broadway Suite 910 San Diego, CA 92101

Tel: 619.232.4261 Fax: 619.232.4840 info@stokeswagner.com www.stokeswagner.com

We represent homeowners and business owners against their insurance company for the following reasons: • Water losses including: pipe bursts, waste line breaks, and rain damage • Fire losses including: wildfires, kitchen fires, and other electrical fires • Business Interruption losses including: loss of profits, loss of rents, and damaged equipment losses

D’EGIDIO LICARI TOWNSEND & SHAH, APC 619.550.3011 7801 Mission Center Court, Ste. 240 San Diego, CA, 92108 www.fireandfloodattorneys.com

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Attorney Journal San Diego | Volume 171, 2017

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Are You a Networking Rock Star or Rookie?

by Steve Fretzin

If you’ve read my book The Attorney’s Networking Handbook, you probably know that I am a big fan of effective networking. I use the word “effective” because networking done improperly is just a huge waste of time. There are so many dimensions to networking that we can’t possibly cover them in one column, so I thought it would make sense to have you take my networking skills test to better identify where your strengths and weaknesses are, so that you can work to improve upon them. Take sixty seconds to rate yourself on a scale of 1-5 (5 is always) and then we will review ways to improve each focus area. Enjoy!

Question #1: When at a networking event, do you focus 100 percent on the person who is speaking with you? (1-5) Question #2: When at a networking event, do you ask questions to identify how you can help someone else? (1-5) Question #3: When at a coffee meeting, do you identify one or two ways you can help or add value for the other person? (1-5) Question #4: During a one-on-one coffee meeting, do you help the other person identify contacts that would be beneficial to you, versus shying away from this task? (1-5) Question #5: After your first successful meeting, do you regularly follow up with your best contacts to keep the momentum going? (1-5) Okay, now rate yourself and total up your score.

If your total was 5-10, you have a lot of work ahead to improve your effectiveness.

If your total was 11-17, you have minor adjustments to make.

If your total was 18-25, you are doing terrific, but there are always new things to learn, so you don’t get over-confident.

To get you started on the right path, here is one solution to each issue: Suggestion #1: When at a networking event, focus 100 percent on the person who is speaking with you.

Don’t push your card at them, and stop worrying about impressing people with your canned fancy infomercial. Instead, ask a few relationship-building business questions to get your new friend talking. For example, if she’s an accountant, how about asking, “What do you enjoy about accounting?” or “How did you get into that line of work?” I’m sure there’s a story behind their career and discussing it is a great way to build rapport.

Suggestion #2: When at a networking event, ask questions to identify how you can help someone else.

Once you’ve built the rapport as suggested above, ask “What should I be listening for in a good referral for you?” There are two amazing elements to this question. First, you are being thoughtful 30

Attorney Journal San Diego | Volume 171, 2017

to them and possibly helping them in their business development efforts. Second, you are NOT committing to providing referrals to this person—yet. Asking isn’t offering, which is important because you’ve only just met this person and shouldn’t be providing referrals yet anyway. It may be too soon.

Suggestion #3: When at a coffee meeting, you identify one or two ways you can help or add value for the other person.

Now that you know this person better, you want to demonstrate that you have something to offer. If you’re listening intently to your new friend, she should be cluing you in on whom she is looking to meet. Take some notes and identify someone worthwhile for her.

Suggestion #4: You help the other person identify people that would be beneficial to you, versus shying away from this task.

This is the one step that good networkers forget. They make referrals, which is terrific, but forget that people need to be led or coached to help you. Take the lead and help her to help you. Work cooperatively to identify one or two good referrals that would work for you. In addition to walking away from the meeting with some traction, you are also able to test out your new friend to see if her follow-up skills are up to snuff. A win-win!

Suggestion #5: You regularly follow up with your best contacts to keep the momentum going after the first meeting was successful.

Another major mistake good networkers make is not staying tightly aligned with the referral partners who you’ve had success with in the past. It’s either a hit-and-run, where you’ve gotten something and moved on, or you’re just busy and forgot that this person has value to you and your business building efforts.

Make a list of your best strategic partners and follow up with them monthly to ensure they stay with you long-term.

The reality is that without some process, thought and methodology behind networking, it can be an unbillable nightmare for any attorney. The next time you’re out networking, try to follow a few of my guidelines and you'll see the improvement in your skills. n Steve Fretzin is the Chicago area’s premiere business development coach and marketing trainer for attorneys. Fretzin is driven, focused and undeniably passionate in his pursuit to help attorneys reach their full potential. He has redefined the business development experience, transforming hundreds of attorneys into top performers. His clients are thrilled because of the growth that happens after completing his program.

A typical client should expect to double or triple their book of business within 12-16 months of working with him. Learn more at Fretzin.com.

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