Attorney Journal, San Diego, Volume 182 by Attorney Journals

SAN DIEGO

Volume 182, 2018 $6.95

Why Your Law Firm’s Blog Probably Sucks

Ross Fishman Expectations for Persuasive Female Litigators

Dr. Ken Broda-Bahm

How to Meet a New Prospect Without Cold-Calling

Craig Brown

Networking: Planning, Persistence, and Practice

Vanessa Hill and Amanda Peth

Things Lawyers Do …

Matthew Fawcett

Attorney of the Month

Puja A. Sachdev Sachdev Legal Group, APC, San Diego Altruism Drives Family Law Attorney’s Success

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2018 EDITION—NO.182

TABLE OF CONTENTS 6 Networking Planning, Persistence, and Practice by Vanessa Hill and Amanda Peth

10 Things Lawyers Do ... by Matthew Fawcett

12 Community News EXECUTIVE PUBLISHER Brian Topor EDITOR Wendy Price

14 Do Not Overspend on Law Firm Office Space

CREATIVE SERVICES Skidmutro Creative Partners

by Kirk C. Stange ATTORNEY OF THE MONTH

CIRCULATION Angela Watson PHOTOGRAPHY Chris Griffiths STAFF WRITERS Dan Baldwin Jennifer Hadley CONTRIBUTING EDITORIALISTS Craig Brown Dr. Ken Broda-Bahm Matthew Fawcett Ross Fishman Vanessa Hill Amanda Peth WEBMASTER Mariusz Opalka ADVERTISING INQUIRIES Info@AttorneyJournal.us SUBMIT AN ARTICLE Editorial@AttorneyJournal.us OFFICE 30211 Avenida De Las Banderas Suite 200 Rancho Santa Margarita, CA 92688 www.AttorneyJournal.us ADDRESS CHANGES Address corrections can be made via fax, email or postal mail.

16 Puja A. Sachdev, Sachdev Legal Group, APC, San Diego Altruism Drives Family Law Attorney’s Success by Dan Baldwin

24 How to Meet a New Prospect Without Cold-Calling by Craig Brown

26 Expectations for Persuasive Female Litigators by Dr. Ken Broda-Bahm

28 Why Your Law Firm’s Blog Probably Sucks by Ross Fishman

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 2018 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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NETWORKING

Planning, Persistence, and Practice by Vanessa Hill and Amanda Peth

o not just attend an event—attend with purpose. To go with purpose means setting goals. Clearly, you want to enjoy your time, but you hope to have ROI too. Look ahead to see what you need to accomplish before, during, and after the event and determine if it is a worthwhile investment of your time, money, and energy. Attending the actual event is just one piece of the master plan.

Know your elevator pitch for this crowd

Before

Know where you are going

Plan ahead and set goals An often overlooked but very important step is research. Consider looking into: • Who are the sponsors? • Who is on the Board? • What is the reason for the event? • What kind of individuals will be attending (i.e. attorneys or sales people)? With this information, you can be strategic. Think about the persons from your firm who should attend the event and whether you should invite others to sit at your firm’s table. While you are in the planning stages, keep your team (marketing, legal assistants, etc.) in the know. They may be able help you with some of the pre-event to-dos. Goals may be simple: • Meet someone new. • Talk to at least one committee member or honoree. • Talk to people standing by themselves (be that lifesaver!). You will make your goals a little more targeted if you have pre-identified marketing targets. Then a goal could be to introduce yourself to a business development target you know will be in attendance. (Because you did your research, you know who will be there). Many goals will require you to get up from your firm-sponsored table and mingle. Add your goals to your Outlook calendar as a friendly reminder.

Attorney Journal San Diego | Volume 182, 2018

Should we play Darth Vader’s entrance music for this tip? Everyone at your firm should already have an elevator pitch, a succinct description of your firm and your role. Use the research you did to fine-tune your pitch. It may only need tweaking depending on the specific event or a recent development at your firm (i.e. an award, a new practice area, a recent public trial in the media). When you have a free moment a few days before the event, look up the location and what the parking situation will be. Knowing this in advance will make it easier to schedule the right amount of time for the drive and the parking. It will help you to feel less stressed and ready to be a networking rock star.

Eat a snack before you go Yes, really. Don’t show up hangry. You are there to socialize, which means shaking hands and talking with others. You cannot do this with an appetizer plate in your hand and food in your mouth. If it is a sit-down dinner, you never know how long it will take for the food to reach the table. Your brain needs fuel to stay sharp and focused on your conversation (not on how hungry you are).

During Name tags Name tags are your friend. They serve a purpose, so use them well. Always place the name tag on your front right side. Why? Because when you shake someone’s right hand, the name tag is then in their line of sight and allows them to easily read your name without making it obvious or awkward. Another reason is some event organizers leave the name tags laid out on the check-in table throughout the entire event. You do not want your name or the firm’s name to be sitting there as a “no show.”

Hold a drink in your left hand

Simple table etiquette

Some people find comfort in getting a drink and holding it throughout the networking event. That’s fine if it helps you interact with more people. However, always hold your drink in your left hand. This will keep your right hand free for handshakes and avoid that weird moment of having to wipe your hand on your clothes from holding the cold/ wet glass.

Let’s not forget that our non-verbal actions sometimes speak louder than words. Practice the good table manners your mother taught you.

Business cards

This system works well. You think you will remember specifics about the people you engage at an event, but some details will be forgotten unless you jot them down. Notes on the back of business cards may also serve as a reminder for you to follow up with your marketing team about the people you met.

Some think business cards are old fashioned, but some fashion makes sense and never goes out of style. Have plenty of your business cards easily accessible. No digging through your purse or pocket and handing off a card that looks like it has been in there for weeks. Also, be sure you ask people for their business cards; they will appreciate it.

Phones Never make people compete for your attention with your smartphone. It’s rude. Some may think it makes them “look important,” but in reality, the important people are too busy talking to groups of attendees to peek at emails. The only time you should have your phone out is to take pictures, jot down a quote or note about the event, post on social media about the event, or in an emergency (of course).

Don’t just talk about yourself People love to talk about themselves, so encourage them to do so. A good way to start is to compliment them on something, or ask simple, open-ended questions. (Avoid religion and politics!) Questions like: • What made you come to this event? • Did you see (sports game) last night? • How did you hear about this event? • How are you connected with the organization? • Are you from this area? Always try to repeat the person’s name during the conversation. This will help you remember the name, plus, it shows you care.

Vanessa Hill oversees and implements the firm’s marketing programs and keeps partners abreast of current trends and strategies in legal marketing. She serves as event coordinator for all firm events at Levi’s Stadium and the SAP Center of San Jose.

After Write notes on the back of business cards

Thank you notes come in all forms Take the time to hand-write a thank you note and send it through the mail, type up a timely email, or even send a public or private thank you message on social media (when appropriate). A simple thank you in any form will be noticed, appreciated, and may even be shared with others in your network.

Take on social media Your go-to follow-up goal should always be something social media related. Share pictures from the event (organizations love when guests do this), connect with someone you met at the event, like or share posts from those who already posted, etc. It’s easy, fast, and effective.

Inform your marketing team Use your marketing team as a resource. Set up post-event meetings (just 15 minutes will do) to discuss how they may help you and the firm gain the most from your efforts. They can help you plot out your next steps. They may even suggest new items to help you connect with organizations or key targets from the event. Armed with these helpful tips and tricks, you are ready to attend events with purpose. Make each event a success. And one last tip…don’t forget to enjoy yourself. n

Amanda Peth is a member of McManis Faulkner’s marketing team, Amanda is responsible for crafting, tracking, and implementing marketing strategies regarding client development, social media, and general public relations. Learn more at https://www.mcmanislaw.com.

Attorney Journal San Diego | Volume 182, 2018

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Attorney Journal San Diego | Volume 182, 2018

The Federal False Claims Act Process is Complex Don’t let your client’s case be lost due to hyper-technical procedural mistakes

At Stephen Danz & Associates, our whistleblower attorneys and co-counsel, some with former government-false-claims positions, are experienced federal and California False Claims Act attorneys. We have obtained substantial recoveries for our clients because we understand the laws, the underlying types of fraud, and how to properly present a fraud disclosure claim to the government. We’ve been litigating FCA cases for 30 years, are active participants in the major qui tam attorney organizations, and regularly share expertise with other practitioners. Our co-counsel have extensive experience as former governmentfalse-claims prosecutors, so we know what aspects of the case to focus on to encourage the government to intervene.

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Wrongful Termination and Retaliation claims

Newest Co-Counsel: Hirst Law Group, P.C. For many years, Mr. Hirst supervised FCA cases for a U.S. Attorney’s Office in California, for which he received a DOJ Director’s Award from Attorney General Janet Reno. Later described by Attorney General John Ashcroft as an “exceptional litigator” and recognized by the Chief of the Forest Service for his “brilliant performance at trial,” Mr. Hirst’s FCA cases have been reported in numerous publications throughout the country and the subject of three books, one of which detailed his handling of a case that resulted in the largest fraud recovery against a single hospital in US history.

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Things Lawyers Do ... by Matthew Fawcett

just took my first long vacation in, well, pretty much ever. I’ve taken time off before of course, but this was my first two weeks out of the office in 25 years. And that includes two honeymoons, by the way. I spent those two weeks in Coeur d’Alene, Idaho, the perfect place for me. Each morning, my toughest decision was: do I want to swim, play tennis, wake surf, or golf? Or just spend the day strolling, eating and relaxing with my kids? Many days we did all of the above. It was the ideal time “away,” the perfect opportunity to step back from all of my work, to stop thinking about or acting on any of it. But here’s the thing: I didn’t. I don’t mean that I couldn’t bring myself to, or that I wasn’t strong enough to resist my email and to-do list. I just didn’t find it appealing to shut down all my work completely. Doing so didn’t feel right and it wouldn’t have made me happy.

Work Isn’t the Opposite of Life Every day, I worked at least a little bit. I was in maintenance mode, focusing on the things that mattered the most and staying on top of critical things. As a result, I came home to a clean inbox, refreshed from my glorious two weeks but still confident that I was in control of my work. We hear a lot about “work/life balance,” that elusive equilibrium between the two halves of our modern lives. It is the professional side, we are always told, that needs to

Attorney Journal San Diego | Volume 182, 2018

be contained and controlled, or else it will dominate the personal side. We hear that technology has allowed our work to invade our life, and that we must fight those incursions even more in the modern world. I don’t buy it. I don’t accept the premise that work and life are two separate ideas sitting on opposite ends of a teeter-totter, where only one can get the priority at any moment, at the expense of the other. We don’t—we can’t— live successfully in this zero-sum mindset.

An Equation That Never Balances I think this way of thinking sells work short. If you love (or even just like) your “work,” it gives your “life” purpose and meaning, and work is part of who you are and what you enjoy. Focusing on it and thinking about it, even while on vacation, isn’t bad or distracting or a debit from your personal life. It is just natural. And if you really can’t stand work intruding on your life, the problem might not be that you can’t separate the two. Maybe you just don’t like your job. Everyone complains about the tyranny of new technology, that it can be such an annoyance and distraction, an intrusion. But that same technology lets us to switch quickly between work and personal modes like never before. It can give us precious flexibility to make both our personal and professional lives better. How many people get to take a little bit more time on that long weekend, tack a few days onto

their vacation, or go to a child’s lacrosse game, because they know they will have access to email? Or be able to dial in for that one really important meeting? For people who need to completely wall out work in order to relax … good luck with that. It might work for you but for me, and for many of the people I know, it is both unrealistic and not fulfilling. How often can you take that sort of complete break in a busy life? And how does it feel to come back to complete chaos in your work? Is that relaxing?

Real Balance Means Accepting Work and Life Together I believe that drawing hard lines between work and life is more destructive than constructive. Fighting against the reality of today’s world will make you embittered and resentful of your “work.” Your colleagues and bosses will see it too and view you through a lens of entitlement and inflexibility, leading to other challenges.

Managing both in harmony really means enjoying your entire life and living it in a way that works for you. That is just as true on a normal Monday standing at my desk in Sunnyvale as on a Saturday afternoon at the lake in Idaho. So, what did I bring back from this long-awaited vacation, besides great memories? I came back energized and focused, excited to get back to the colleagues and work that I missed during my absence. And I immediately booked my two-week vacation for next year. n Matthew Fawcett is the senior vice president and general counsel of NetApp, Inc., the data authority in the hybrid cloud. Matt is responsible for NetApp’s legal affairs worldwide. He has overseen the development of NetApp Legal into a global high-performance organization with a unique commitment to innovation and transformation. He is a frequent speaker and author on the topics of innovation in the legal industry and leadership and management issues broadly. https://www.linkedin.com/in/mattfawcett.

Attorney Journal San Diego | Volume 182, 2018

COMMUNITY news  Noonan Lance Boyer & Banach LLP

(NoonanLance) has announced that David J. Noonan, James R. Lance and Ethan T. Boyer have received awards from the legal profession’s most respected peer-review publication, Best Lawyers. For 2019, partners David J. Noonan, James R. Lance and Ethan T. Boyer received the 2018 Best Lawyers in America® distinction in DAVID J. NOONAN the following categories: David J. Noonan: Commercial Litigation, Bet-the-Company Litigation and Legal Malpractice Law – Defendants; James R. Lance: Commercial Litigation, Litigation – Real Estate; and Ethan T. Boyer: Commercial Litigation. Notably, Noonan was named 2019 Lawyer of the Year – Bet-theCompany Litigation for San Diego. Best Lawyers recognizes one attorney in each city for their outstanding practice in a specific field. This is Noonan’s fourth time as Lawyer of the Year, as he won for Legal Malpractice Law– Defendants in 2017 and Bet-the-Company Litigation in both 2009 and 2011.

 Sullivan Hill Rez & Engel is pleased to

announce that Shareholder Erin Kennedy Clancy has been recognized for her achievements in the legal community by being selected for San Diego Metropolitan Magazine’s 18th Annual “40 Under 40” award. Clancy is part of Sullivan Hill’s Construction, Insurance, Real Estate, and Commercial and Business Litigation practice ERIN KENNEDY CLANCY groups. She has substantial experience in representing businesses and individuals in complex multimillion dollar residential and commercial construction defect claims, property damage and contract claims throughout California.

 Hughes Marino, the national flagship

brand for providing commercial real estate services exclusively for corporate tenants and buyers, has announced that Kathryn Richman has joined their team as general counsel. “As our company has undergone tremendous growth and continues to expand nationally, we have been searching for new leadership within our legal team for quite KATHRYN RICHMAN some time and were fortunate to find a great leader in Kathryn. We are incredibly excited to have her join us as general counsel, as our legal team plays an integral part in providing a very high level of client service,” says Chairman & CEO Jason Hughes.

 Seltzer Caplan McMahon Vitek

announces that Marianne Barth has been certified as a specialist in family law by the State Bar of California Board of Legal Specialization. Of counsel at SCMV, Barth has more than 29 years of legal experience in family law as well as civil and business litigation resolving highly MARIANNE BARTH complex financial and child custody matters commonly present in domestic cases. Barth’s commitment to serving includes working with the Lawyers Club of San Diego to help women, minorities and teens address gender-discrimination issues, and with the City of San Diego’s Prescription Drug Abuse Task Force to reduce youth access to prescription medications. She also serves on the San Diego County Bar Association’s legal ethics committee and volunteers as a Superior Court pro tem judge helping families resolve issues without court intervention. She received her J.D. from California Western School of Law and B.A. from Villa Maria College.

 Klinedinst PC is pleased

to announce the elevation of Susan S. Nahama to Managing Shareholder of its San Diego office. Ms. Nahama will bring her values of transparency, relationship management, and consensusbuilding to the management of the firm’s San Diego team. SUSAN NAHAMA Nahama, who has been with Klinedinst since 1997, will have direct management and oversight of the San Diego office, which supports all Klinedinst locations across the Western United States. Ms. Nahama focuses her practice on professional liability, including the defense of lawyers and accountants in pre-litigation and litigation matters. She also has two decades of experience in general liability, commercial and residential construction, insurance, business disputes, mold-related claims, product liability, and employment matters.

Have a Press Release you would like to submit for our Community News? Email it to PR@AttorneyJournal.us

Attorney Journal San Diego | Volume 182, 2018

 The law firm of Balestreri Potocki & Holmes

is pleased to announce that Corinna Arbiter has joined the firm as an associate. Arbiter’s practice includes construction, personal injury and real property litigation. She has a successful track record of efficiently resolving multi-party construction defect claims for her clients. Prior to becoming a lawyer, Arbiter worked in the title insurance industry. CORINNA ARBITER She received her B.S. from the University of Arizona in 1984 and her J.D. from Loyola Law School in 2010. She is admitted to practice in California, the District of Columbia and New Mexico.

 Finch, Thornton &

Baird, LLP has added new attorneys Justin M. Stoger and Marlene C. Nowlin. Stoger practices in diverse areas of construction law for both public and private works, business and commercial litigation, MARLENE C. NOWLIN JUSTIN M. STOGER and insurance defense. He represents clients in all aspects of litigation, including as lead trial counsel. Mr. Stoger first worked for the firm from 2005 to 2013, and his return immediately strengthens Finch, Thornton & Baird’s already deep team of construction law experts. Nowlin has been a practicing litigator since 1991, focusing on business and real estate disputes and litigation, construction law, intellectual property and trademark law, and defense of class actions. Licensed to practice before all California United States District Courts, including the United States Bankruptcy Courts, and the United States Court of Appeals for the Ninth Circuit, she has represented Fortune 500 clients and emerging companies alike with consistently beneficial results.

 On October 20, 2018, Casa Cornelia Law Center, a nonprofit

public interest law firm dedicated to providing quality pro bono legal services to victims of human and civil rights violations, is hosting its 25th Anniversary Celebration / La Mancha Awards at Shiley Theater, USD Campus (5998 Alcala Park, San Diego, CA) from 6-9pm. Sponsorship opportunities are available to sustain Casa Cornelia Law Center’s mission of providing quality free legal representation for clients, including unaccompanied children who come to the U.S. fleeing violence, victims of domestic violence and human trafficking in Southern California, and asylum seekers facing socio-political, religious, and ethnic persecution.

 The law firm of

Anderson Reynard LLP is pleased to announce that Melanie Claassen has joined the firm as an associate attorney. Ms. Claassen’s practice focuses on trust and estates including estate MELANIE CLAASSEN planning, trust and estate administration and litigation. Ms. Claassen is an exceptional advisor for her clients and an outstanding addition to Anderson Reynard LLP. The passion and attention to detail she brings to each client’s matter will benefit our clients and firm alike and will greatly strengthen our tradition of excellence. Prior to joining the firm, Ms. Claassen was an associate attorney at a boutique trust and estates firm in New York City. Ms. Claassen is a graduate of the Elisabeth Haub School of Law at Pace University. She is admitted to practice law in New York and Connecticut.

 Adding one of

the region’s top real estate lawyers to its ranks, Crosbie Gliner Schiffman Southard & Swanson LLP (CGS3) has named long-time San Diego attorney Robert “Bob” J. Bell as its newest ROBERT J. BELL partner. With more than 40 years of industry experience, Bell focuses his practice on real estate development/construction, investment and brokerage matters and will work from CGS3’s headquarters in San Diego. Bell’s career spans the spectrum of real estate development, investment, construction and brokerage matters including multi-family, urban infill, mixed-use, hospitality, industrial, retail, office and land transactions. He has represented some of the nation’s most successful homebuilders and commercial developers. “We are excited and humbled to have Bob join our team of best-in-class attorneys,” said Sean Southard, a founding partner at CGS3.

Attorney Journal San Diego | Volume 182, 2018

Do Not Overspend On Law Firm Office Space by Kirk C. Stange

hen lawyers are selecting office space for their law office, the decision is often very difficult. For most lawyers, they want office space that sends a message. They want office space that is going to impress and attract clients. They want to feel great when they are sitting in their shiny office. At the same time, some lawyers can really be tempted to overspend on office space. In other words, they can obligate themselves to pay for office space that increases the overhead of the law firm in an unreasonable manner. They might do so because the space is impressive. They might do so because they are so overly optimistic about how their law firm will do. To make matters worse, many law firm owners personally guarantee their office space. This means that if they ever fall behind on rent, not only can the landlord come after the law firm itself, but they can come after the law firm owner personally. When choosing law firm office space, lawyers should undertake a careful review and analysis of their revenue and their budget. For many law firms, this may mean sitting down with an accountant or financial professional and really digging into the numbers before signing any lease. Certainly as well, location matters as it relates to law firm office space. In many localities, and for many law firms, clients are used to going to a particular area of town to seek out a lawyer. If a law firm is not located in the part of town that top clients are used to going to, it can result in a law firm missing out on the quality clients the law firm needs. On the other extreme, it is true as well that a law firm should not sign a lease for space that sends the wrong message about the law firm. In other words, while A and B office space might be okay, do you really want C and D office space just because

Attorney Journal San Diego | Volume 182, 2018

the rent is cheap? It is also not helpful if the law office is in a location that the quality potential clients you are seeking will not go. The reality is that—even if the space is cheap—it might be difficult to get the best clients if the space sends the message that the law firm is a fly-by-night operation. Ultimately, law firm owners should really take the time to determine how much rent they can comfortably afford, while still having an appropriate profit margin. They then need to know what part of town their law firm office should be and the space features they need. For most law firm owners, they then need to get the very best space available at that price in the desired location and with the appropriate space attributes. However, if a law firm owner really breaks the bank on office space, and goes above and beyond what they should spend, it can cause the law firm all kinds of financial problems in the long run. It can result in a law firm not hitting the profit margin numbers they need to hit. Or worse yet, it can result in some law firms even going in the red and being unable to pay their rent. This is where many law firms and law firm owners can get themselves in deep financial trouble. This is particularly true where the lease is long-term— and the law firm owner has signed a personal guarantee. No law firm or law firm owner wants to get behind on rent. Thus, be careful not to overspend or over-commit on law firm office space. n Kirk C. Stange is a founding partner of Stange Law Firm, PC. Stange Law Firm, PC has offices in the Midwest in Missouri, Illinois and Kansas. In addition to practicing law, Kirk spends time educating attorneys and other law professionals at CLE Seminars through the Missouri Bar, myLawCLE, the National Business Institute and other organizations. Learn more at: https://www.stangelawfirm.com.

The Law is in the Details

™

Real Estate Law. Business Law. Litigation.

“ The strength of the team is each member. The strength of each member is the team.” HICKMAN & ROBINSON, LLP 701 B Street, Suite 1310 | San Diego, California 92101 619.819.8383 | HickmanRobinsonLaw.com

Altruism Drives

FAMILY LAW ATTORNEY’S SUCCESS A Business Student Exercising an Educational Option Discovers a LIFELONG PASSION for Family Law and a DRIVE to Help Individual People and Families One-on-One by Dan Baldwin

ow many students attend law school with becoming an attorney only one of many options? That’s precisely the situation Puja Sachdev found herself in. Today she is a successful family law attorney and founder of Sachdev Legal Group, APC. “I was working for a mutual fund company in the San Francisco Bay Area and was planning on getting my MBA, but decided to go to law school instead. It was on a whim. I thought a law degree would open more doors into fields I would be more suited for,” she says. The drive to enter family law developed in law school while working pro bono at the Guardianship clinic at the San Diego Volunteer Lawyer Program and in an internship with the San Diego Superior Court at the Family Law Facilitator’s office. Her attitude about practicing law and her career path changed dramatically and she devoted her energies to the legal profession, specifically family law. She eventually earned an MSBA in Financial and Tax Planning after becoming a licensed attorney, but along the way discovered a passion for family law,

Attorney Journal San Diego | Volume 182, 2018

a passion born of an altruistic nature and a desire to help people manage getting through some of the most emotionally challenging times of their lives. Because of her business skills and financial education, she soon began seeing better ways to practice family law, manage a law practice, and better serve clients. She believed strongly that law firm employees, more than anything else, were the keys to success. While working for other firms she found that employees were not a top priority. Carefully observing the management approaches of those other firms and hearing stories from colleagues, she just couldn’t comprehend that the next new or biggest client was given a higher priority than the employees who serve those clients. Unless absolutely necessary, she doesn’t want her people working overtime, working weekends or working late. Sachdev believes the only way her team can function at peak efficiency on the job is to make sure they have downtime for family, friends and outside interests. Her philosophy is basic. “I started my own firm with my idea of a pyramid with me at the top.

ATTORNEY

OF THE MONTH

Â© Bauman Photographers

2018

The Sachdev Legal Group Team: Andrella Gonzalez, Puja Sachdev and Eloisa Rodriguez

I have to take care of myself—emotionally, physically, mentally and financially. This allows me to take care of my team. Because my team is valued and are at their best, they can then take care of our current clients and be at their peak performance to serve them. At the bottom of the pyramid are potential clients. If we are too busy and the top three tiers cannot be taken care of then we do not take any new clients. I am not going to sacrifice the top three tiers for the potential money of a new client.”

Direct and Candid— the Most Altruistic Approach Sachdev believes that clients are best served when provided the facts of their situation and a direct and honest evaluation of all possible outcomes. She does not embellish those outcomes, but provides a candid opinion of all possibilities—even those possibilities unfavorable to the client. “It is their lives and their families, and they are going to make the ultimate decision. It is my job to make sure it is an informed decision. When attorneys do not discuss what the negative consequences can be or the possible unfavorable outcomes can be from a judge, they are doing a disservice to their clients,” she says. Her clients agree. One wrote, “I hired Ms. Puja Sachdev to handle my child custody case. Puja is truly knowledgeable and an expert in this very difficult area of law. The case was very complicated and there were many allegations that were being made. Ms. Sachdev made sure I understood the process and provided me with the best way to present my case, and always made me aware of my options. She was confident in the courtroom and argued my case very well. Puja is not afraid of the fight, if the fight is necessary … I have Puja to thank for my child now being in a safe and healthy environment.” Sachdev goes to extraordinary lengths to make sure her team is personable and approachable. They realize their clients 18

Attorney Journal San Diego | Volume 182, 2018

are undergoing serious and often heartbreaking experiences and the direct and candid approach should be balanced with a warm and open environment. This attitude is reflected in the location and décor of their offices. “We are located in Mission Valley because I did not want to be located downtown because most people in San Diego have no desire to go downtown and deal with all of the stress of parking and one-way streets. If they have to go downtown for court, it is very stressful for them. Our location in Mission Valley makes it easy for potential clients to find us and for our clients to stop by our office if they need to,” she says. Instead of designing the formal and potentially emotionally sanitized office environment found with many firms, Sachdev opted for a bright green and blue paint scheme. The environment is closer to a family living room than a cold office. Sachdev and her staff make a point of dressing “business casual.” Her approach has the effect of calming down nervous or emotionally charged clients, making them feel better and at ease. Everyone in the office goes by first names to maintain the informal nature of conducting business.

issues to address with custody and visitation or enforcement of court orders over state lines. The second reason relates directly to the nature of family law. The emotionally draining caseload causes significant attorney burnout. Many talented people drop out of the practice area due to the emotional strains they encounter on a daily basis. They move on to transactional work, patent law, business law and other less emotional areas. Sachdev’s response is just the opposite. “It can be difficult, especially when children are involved, and there’s a lot of burnout and turnover. But I actually like the practice. I enjoy working one-on-one with people and helping move them through challenging times,” she says. Most importantly, when children are involved, all of the decisions have to take that into consideration because, in some way, there will be a trickle-down effect on the children. The firm’s ability to handle the emotional stress while functioning at peak capacity pays off in successful cases and in personal responses from clients. The firm frequently receives “thank you notes” in the form of graduation announcements, pictures, holiday cards and email updates from existing and past clients. Sachdev Legal Group is actively involved in the San Diego community. As a firm they take on pro bono cases in family law and guardianship with the San Diego Volunteer Lawyer Program. SDVLP is dedicated to providing legal services to indigent San Diego County residents who otherwise are unable to afford or access assistance. SDVLP screens all cases for merit and client financial eligibility. Sachdev has been an avid supporter since she first volunteered with the organization in law school.

Taking Care of Clients Takes Care of Business Two key factors generate considerable referral business for Sachdev Legal Group. One is the previously mentioned commitment to an altruistic approach to client care. Sachdev says, “Other attorneys refer their own family members, friends and clients to us because we take care of them as a person and not just their divorce or child custody case. Because of the nature of our field, it isn’t only the facts of a case we work with, it is the intimate details of a person’s life, health and relationships.” Approximately one-third of the firm’s cases involve working with other attorneys on various cross-over issues: prosecutors, criminal defense attorneys, tax attorneys, real estate attorneys, bankruptcy attorneys, immigration attorneys, and personal injury attorneys. They also work with family law attorneys from other states and countries if there are jurisdictional

Attorney Journal San Diego | Volume 182, 2018

EXPERIENCE

Sachdev personally volunteers with California Labradors and More on Saturdays at their adoption events as a family ambassador assisting potential adopters through the process. Upwards of 40 dogs can be adopted at one event. In just seven years, over 8,000 dogs have been rescued and at any time there are over 200 dogs and puppies in their care available for adoption. Labs and More is Southern California’s fastest growing and most active dog rescue.

Caring for the Whole Person Sachdev’s trademarked motto for her firm expresses well their approach to family law and the individual people and families they serve. “We are the voice of compassion, integrity, and experience in an adversarial world.” Perhaps the effect of Sachdev and her team on the people they serve is best summed up in a recent review. “Ms. Sachdev expertly guided me through a highconflict divorce and custody case. She gained my trust by advising me on options and supporting my choices. In my opinion, an attorney should listen, advise, and act in the best interests of their client, and Ms. Sachdev possesses all of these qualities. Her ability to calm and advise a client under pressure and stress is admirable. She took care of me as a whole person, not just a client; I never felt like I was just another client. She answered all my questions—which I had many. After nine months of litigation I finally have my peace back. I think some forget that law and the Court system takes a tremendous toll on the person, but not Ms. Sachdev. She is truly an exceptional attorney.” Sachdev says helping people meet the legal and emotional challenges found in family law is more than a cut-and-dry process. “It’s a journey. When we wrap up a case, the person at the end is not the same person who walked through our door in the beginning. It’s very rewarding to be with someone on that journey. It’s what keeps us going.” n

» EDUCATION

• Bachelor of Science, Dual Major in Marketing and Management, Minor Japanese, University of Nevada Reno • Juris Doctor, Cum Laude, Thomas Jefferson School of Law • Master of Science in Business Administration, Financial and Tax Planning, San Diego State University

» CREDENTIALS

• Certified Legal Specialist – Family Law by the State Bar of California, Board of Legal Specialization • Certified Divorce Financial Analyst™ • AV Preeminent Rating from Martindale Hubbell

» AWARDS

• Top Lawyers in San Diego, San Diego Magazine 2017, 2018 • Best of the Bar, San Diego Business Journal 2015, 2016, 2017 • Rising Star, Super Lawyers Magazine 2015, 2016, 2017 • Best Family Law Lawyer in San Diego, FINE Magazine 2016 • Top Attorney Family Law, San Diego Daily Transcript 2013, 2015 • 40 Under 40, SD Metro Magazine 2013 • Wiley W. Manuel Award for Pro Bono Legal Services, State Bar of California 2013

Contact Puja A. Sachdev, CLS-F, M.S.B.A., C.D.F.A. Sachdev Legal Group, APC 2851 Camino del Rio South, Suite 430 San Diego, CA 92108 619-866-3756 SachdevFamilyLaw.com

• Standout Award – Family Law, San Diego Volunteer Lawyer Program 2013 • Top Young Attorney, San Diego Daily Transcript 2010, 2011, 2012, 2013 • Best Lawyer in San Diego Family Law, San Diego Metro Magazine 2012

» PROFESSIONAL ASSOCIATIONS • Lawyers Club of San Diego • San Diego County Bar Association • Enright Inn of Court • San Diego Family Law Bar Association

Attorney Journal San Diego | Volume 182, 2018

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

CHARLES DICK STILL HOOKED

Ten years ago, Chuck Dick began volunteering with Casa Cornelia Law Center, a public interest law firm helping victims of human and civil rights violations. Chuck’s first Casa Cornelia client fled Eritrea, crossed several countries –often on foot– and sought asylum at the U.S. border. “After learning his story and helping him through the asylum process, I was hooked.” Since then, Chuck has helped many pro bono Casa Cornelia clients, including asylum seekers and women victimized by human traffickers and abusive relationships. He now represents a mother who fled Nigeria with her two daughters, to escape the traditional practice of female genital mutilation. On October 20, Casa Cornelia will celebrate its 25th anniversary at the annual La Mancha Awards. Chuck will be recognized as the Distinguished Pro Bono Attorney of the Year. Other volunteers and supporting law firms will also be recognized. To attend the event, volunteer, donate, or learn more, visit www.casacornelia.org. A mediator and arbitrator at JAMS, Chuck focuses on antitrust, business and commercial, securities, employment, personal injury, and professional liability disputes. Charles Dick is not affiliated with the Vosseller Law Firm.

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

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VOSSELLER LAW FIRM

How to Meet a New Prospect

Without Cold-Calling

by Craig Brown

come from a skiing family—not a “luxury condo at Vail” kind of skiing family, but more of a “tromp through the parking lot in ski boots with your sack lunch because your mom won’t let you buy a $12 burger in the lodge” kind of skiing family. Recently I asked my mother why we became so involved in skiing, an expensive sport, when we were not a family of substantial means. She explained that one of the reasons was the magic of the ski lift. Having your teenage sons all to yourself for the time it took to get to the top of the mountain was pure gold to a mother who wanted to understand what was going on in the lives of her children. During that short trip she could get information, build trust, give advice, and become closer to her kids. Of course, business people have been doing this for years. Golf, ball games, and fishing trips all mirror that same experience—an activity that allows focused one-on-one time with someone important to your business success. The convenient and fast-track version of that experience is the classic business lunch. In less than 90 minutes, business 24

Attorney Journal San Diego | Volume 182, 2018

people can come together, build trust, understand one another better, and strengthen relationships in a relaxed and casual setting that is conducive to fostering strong bonds and positive feelings. However, it’s not just about good feelings. Studies show that the business lunch creates better business outcomes. In an experiment conducted by Lakshmi Balachandra, Assistant Professor of Entrepreneurship at Babson College and Fellow at the Harvard Kennedy School of Government, simulations confirm that eating together in a restaurant during a negotiation increases the combined value of the outcome by 12%. Anecdotal evidence supports this study. Kim Schmittel, Director of Marketing and Business Development at Stites & Harbison, PLLC, reports that “lunch with clients or potential clients is an easy way to strengthen relationships without so much pressure. It’s an opportunity to get to know someone on a more personal level while also gaining insights into any business challenges they may be experiencing. This in turn provides an avenue for you to help solve problems.” The many tips, tactics, and rules for ensuring the success of

the hosted business lunch could fill volumes. (Google “business lunch” and you’ll find plenty of advice.) My top 21 ideas are listed below. However, the most important rule of the business lunch is this: Know what you want and plan for it. At the outset, you should know what you are trying to achieve with the meeting. Is it merely social and a way to stay in touch and show appreciation? If so, make sure you do just that—connect, build common ground, and show appreciation. If the purpose of the lunch is more concrete— to move something forward or to introduce a new idea or get agreement—make sure you’ve identified the outcome you desire and plan for it in advance. Begin with the end in mind and craft the meeting that will get you there. Come ready to explain your position briefly and know exactly what, when, and how you will ask for the outcome you want. Leaving a lunch with warm handshakes and happy smiles is great if that was the objective, but don’t get caught leaving a meal if your objective was something more solid. Be ready to

ask for what you want. If you are initially rebuffed, present the next best result you want. Some lunches are no less a business meeting than meetings you hold in a conference room. If it’s important, thinking about it casually in the cab ride to the restaurant is not enough. Enter the restaurant with a plan and the chance of a better outcome increases. In addition to knowing what you want, I’m offering my list of business lunch rules below. You probably have others that work for you. Please share. I’d love to hear about them. n Craig Brown uses his experience as a lawyer, business developer and seminar leader to train and coach lawyers to build relationships that lead to strong books of business and satisfying careers. Widely recognized as an authority on building law firm clientele, Craig has worked with law firms for over twenty-five years in the areas of business development, training, coaching, strategy, knowledge management, research and as a practicing attorney. Learn more at: http://lawvisiongroup.com/consultants/craig-brown.

Craig Brown’s Top 21 Tips for Hosting a Business Lunch 1. 2. 3. 4. 5. 6. 7. 8. 9.

10.

Nail down the restaurant logistics—reservations, directions, parking, menu, and so forth. Tardiness—not good. Make it easy on your guest—be easy to find in an easy to find place where it’s easy to talk. Etiquette—bread to the left, drink to the right, use the correct fork, use your napkin, take small bites, etc., etc. Phone—you know what to do.

11. 12. 13. 14. 15. 16.

Order something easy—skip the lobster and ribs and anything else that requires a bib.

17.

Drinks—skip them. If you can’t skip them, order only one, only light, and only if others join you.

18.

Know when to jump in—make small talk before you order, talk business after you order. Be interesting—lunching with a one-dimensional person is intolerable. Before you leave the office, check up on industry news, entertainment, and sports (try Google news for ideas). Remember the personal—“How is your son, Jack, enjoying Yale?”

19. 20. 21.

Know your agenda—review the key items you want to discuss before you get there. Listen. No whining—it’s not about you. Don’t linger—one hour max. Don’t ambush—tell your guests in advance why you are meeting. Don’t spring it on them during coffee. Pay—make it clear that you are paying. Reach for it, pay for it, and don’t make a big deal about it. Don’t jack with the staff—people like people who treat people like people. Be likeable—if they walk away thinking you are an unpleasant person, you’ve wasted sixty bucks and an hour of your day. Don’t be an ass. Breakfast might be easier—defer to your guest. Encourage the unemployed—offering to buy lunch and helping a prospect in between jobs = a friend for life. Relax—it’s just lunch.

Attorney Journal San Diego | Volume 182, 2018

Expectations for Persuasive Female Litigators by Dr. Ken Broda-Bahm

ne way to stir up a controversy is to talk about the social expectations that apply to female litigators. The ABA Journal recently played host to that discussion after an article by Debra Cassens Weiss on showing anger in the courtroom quoted an essay in The Atlantic by former public defender and current law professor at the University of San Francisco, Lara Bazelon. Based on a review of the literature and interviews with many female trial lawyers, Ms. Bazelon shares her belief that a narrower range of acceptability actively limits what she can teach her female students in law school. Drawing from her own experience, she notes, “My supervisors also reminded me to smile as often as possible to counteract the impression that my resting facial expression was too severe. I even had to police my tone of voice. When challenging a hostile witness, I learned to take a ‘more in sorrow than in anger’ approach.” This discussion led to an emphatic response from Cris Arguedas, a defense attorney in several high-profile matters including Barry Bonds’ perjury trial in San Francisco. She argues that, rather than limiting themselves based on perceived expectations, female litigators need to employ the full range of delivery, including anger, depending on the situation. “A skilled examiner must be able to use all the tools.” Differing expectations 26

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on anger is, of course, just one aspect of the context a female attorney faces, but it is one of the more salient distinctions, and one that has seen recent relevant research. As it regards acceptable expressions of anger, I believe that the exchange highlights two separate questions: One, “Are there differences in the latitude of social acceptance for female attorneys?” and two, “If so, does that mean that female attorneys should hold back?” I think the answers are, respectively, “Yes, to some extent,” and “No, not necessarily.” I’ll briefly unpack both of those in this article.

The Research: Anger Helps the Male Attorney, Hurts the Female Attorney

Writing about perceived differences in the acceptability of assertiveness by gender, Ms. Bazelon notes in her article, “This isn’t just dated wisdom passed down from a more conservative era. Social science research has demonstrated that when female attorneys show emotions like indignation, impatience, or anger, jurors may see them as shrill, irrational, and unpleasant.” On that score, she is right. A just-released study published in Law and Human Behavior (Salerno et al., 2018) underscores that point. Researchers from Arizona State University looked at in-court expressions of anger

by attorneys and found, “when expressing anger relative to when calm, female attorneys were seen as significantly less effective, while angry male attorneys were seen as significantly more effective.”

Calm Attorney Angry Attorney

Attorney Effectiveness

6 5

4.92

5.32

5.26 4.65

4 3 2 1

Male

Female

One Implication: The Difference Isn’t Tremendous

The difference between men and women represented in the chart above is statistically significant. And, of course, it is also notable that the directions are reversed for male and female attorneys: Consistent with the perceptions and the experiences Ms. Bazelon shares, expressed anger helps male lawyers and hurts female lawyers. But it is also worth noting that the difference isn’t overwhelming. It likely reflects real differences in social expectations, but that doesn’t mean that women are uniformly punished for expressing anger, and it certainly doesn’t mean that Ms. Arguedas is wrong to show anger when she thinks the situation in the courtroom demands it. One can’t run a study on each individual, and it stands to reason that there are high levels of individual difference regarding the latitude of what one can get away with in court.

Another Implication: What’s Measured Is Really Acceptance

In the study quoted above, the dependent variable was broadly labeled “effectiveness,” but was measured through asking research participants about positive or negative inferences (e.g., “strong” or “shrill”), and also through asking participants whether they would hire the attorney they saw on video. Of course, there’s a business development implication there for female attorneys if people say they’re less likely to hire the angry ones, but neither of these measures looks at whether the anger increases or decreases one’s ability to persuade in a given case. For example, in the response article in the ABA Journal, Ms.

Arguedas notes, “even the jurors who don’t like the aggression will get over it,” and she quotes one juror commenting on her cross-examination style post-trial, “I thought you were a bitch, but that witness was a liar.” The social expectation doesn’t necessarily negate the effectiveness.

Final Implication: Comfort Matters

It is critical to filter these results through the eye of the beholder. The article exchange between Ms. Bazelon and Ms. Arguedas provides one window into a personality difference that likely plays an important role in mediating the individual effectiveness of anger as a technique. In the Atlantic article, Ms. Bazelon makes clear that she has spent her life trying to avoid emotional expression. “When I got angry,” she writes, “I had to stifle that feeling.” She notes that she tells her students, “adhering to biased expectations and letting slights roll off their back may be the most effective way to advance the interests of their clients in courtrooms that so faithfully reflect the sexism of our society.” In contrast, in her response article, the author, Ms. Arguedas, is clearly more comfortable with expressing her full range when the situation calls for it. And it isn’t necessarily that one woman is wrong and the other is right: Both may simply have a good understanding of what works for them. As Ms. Arguedas concludes, “The most important thing is that an attorney maximizes her power and authority in the ways that are most natural and authentic to her.” On a similar note, the ABA Journal article by Debra Cassens Weiss quotes Chicago attorney and managing partner Patricia Brown Holmes, noting that this authenticity is the key: “The lawyer who screams or is angry at trial but is normally not that way is not often well-received. But the lawyer who shows the jury their true self—whether that is passionate, angry, sincere or otherwise—will be better received.” An ease in using the full communication spectrum when it suits you translates into greater confidence, perhaps explaining why anger seems to work for Arguedas, but apparently not for Bazelon. So, the final implication is this: Find your own level of comfort. Don’t ignore social expectations, but don’t be fenced in by them, either. What matters most, no matter the gender, is to zealously fight for your client using all the tools that will work for you. n Dr. Ken Broda-Bahm has provided research and strategic advice on several hundred cases across the country for the past 16 years, applying a doctorate in communication emphasizing the areas of legal persuasion and rhetoric. As a tenured Associate Professor of Communication Studies, Dr. Broda-Bahm has taught courses including legal communication. To learn more visit http://www.persuasionstrategies.com.

Salerno, J. M., Phalen, H. J., Reyes, R. N., & Schweitzer, N. J. (2018). Closing with emotion: The differential impact of male versus female attorneys expressing anger in court. Law and human behavior. 42:4, 385-401. Attorney Journal San Diego | Volume 182, 2018

Why Your Law Firm’s Blog Probably Sucks by Ross Fishman

an we get real here for a minute? Most law firm blogs suck. They really, really suck. And yours is likely to suck too. I responded to a question on an online legal marketing group posed by someone whose firm was struggling to re-launch a blog "to promote business and visibility" and improve their Google ranking. But the lawyers "didn't want to participate." She wanted to know how to get it going. I told her to not bother. That wasn't a criticism of her firm; her experience is very common. I know I’m going to get all sorts of crap from the people who write or sell law firm blogs for a living, but here’s how I perceive the situation: There’s very little chance that any law firm’s blog is going to be especially successful. I know that sounds apocalyptic, but let’s be realistic. Under the best circumstances blogs are very, very hard. After reading an article about how some firm’s blog magically landed it at the top of Google searches and was a panacea that solved all of its marketing challenges, catapulted it to market leadership, and generated an appalling amount of new revenue, innumerable firms have launched blogs— without considering that their firm hasn’t historically been able to manage a quarterly newsletter. (They also failed to notice that that sensationalized article was written by someone who sells blogs to law firms for a living.) In reality, blogs are really freakin’ hard for most law and other professional-services firms. And they’re even harder to read. Remember, Fishman Marketing designs law firm websites, so we see a lot of long-dead blogs stinking up the firms’ old home pages. Here’s what I’ve seen most consistently: A law firm excitedly announces its new cleverly named blog and posts 3-4 entries the very first week! (“Look! We’re blogging!”) They submit two posts the next week. Then nothing in week three but posts one more entry in week four. The next one comes 6 months later. Then never again. The date on the “Publications” section on the home page is three

Attorney Journal San Diego | Volume 182, 2018

years old. Instead of looking like dynamic market leaders, they look ineffectual. Why? Lawyers are busy. They bill hourly. And writing regularly is really hard. Trust me, I write a couple blogs myself. I’m both opinionated and I enjoy writing, and it’s still hard to push out reasonably meaningful content somewhat consistently. (Feel free to subscribe at fishmanmarketing. com/blog … !) Exacerbating this is most lawyers’ writing style, which is stiff and stilted. They’re not comfortable writing in the casual 8th-grade style demanded by Internet readers. Internal approvals take too long. No one owns the blog or takes personal responsibility for its long-term success, so posts are assigned on a monthly editorial calendar to a random group of faceless associates, so there’s no consistent style or “voice.” (You know, just like The New York Times does.) Plus, the firm’s leadership has never answered some fundamental questions, like: • Who’s our specific audience? • Why will our blog be better than the countless other existing publications on this topic from paid bloggers or professional publishers like ALM? » Will ours be better written, more entertaining, more targeted, or provide better information? • Will it measurably improve our Google rankings? » And if it does, do we care, i.e. will better SEO generate meaningful revenue? • Our audience is busy; they don't have time to read much, so why would they choose to read our blog over the many other competitors for their precious attention, things like The Wall Street Journal, People magazine, Harry Potter, Facebook, Instagram, porn, or simply going home? • What is the chance we’ll be able to write at least every single week for at least 2-3 years? I could go on.

Basically, for a blog to be effective, I think you need at least one person who (1) is simply passionate about writing, and (2) has countless interesting opinions about a narrowly focused topic. The world doesn’t need another generic “Law” blog or other broad area that is already being ably covered by a few thousand other blogs that are currently being read by … almost nobody. There are currently 350 million Tumblr blogs online and hundreds of millions more WordPress blogs (see e.g. https:// www.statista.com/statistics/256235/total-cumulativenumber-of-tumblr-blogs/). How will your blog rise to the top of that immense pile? My point is, if you’re having this much difficulty getting your very first entry posted, how likely is it that it’s going to get easier over time? Is this really the best use of Marketing’s time and effort? Aren’t there other proven marketing tools that could have a higher chance of success at your firm? To throw a bone to the blog-sellers whose neck veins are popping right now, I’m not saying that there aren’t some

wildly popular and successful revenue-generating law firm blogs out there. There are. But in my experience, of the incalculable number of legal industry blogs currently in print, they’re the exception. Consider: Is your blog likely to climb ahead of tens of thousands of other firms’ blogs if you’re already having difficulty getting your very first post written? Sure, maybe, I don’t know your firm. Hey, I’ll grant you, this is only my personal opinion, I could be wrong. But c’mon, deep down, you know I’m probably not. n Ross Fishman is a former litigator, big-firm Marketing Director, and Marketing Partner. Ross has conducted more than 300 law firm retreats, CLE and Ethics presentations, and marketing-training programs on six continents, from New Mexico to New Zealand, and California to Croatia. Ross is also the Founder of Fishman Marketing, a one-stop solution for strategy, marketing, branding, and leadingedge websites. Learn more at: https://www.fishmanmarketing.com.

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