Attorney Journal, San Diego, Volume 157

SAN DIEGO

Volume 157, 2016 • $6.95

The Best of the Best: Attorney TV Advertisements

Anna Blanken

Business Development: Do You Do it Only for the Money?

Mike O’Horo

How Self-Discipline Will Make You a Better Leader

Brian Tracy

McIntyre’s Civil Alert: Organized Succinct Summaries

Monty A. McIntyre

Attorney of the Month

Bill Shapiro, Full Circle

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2016 EDITION—NO.157

TABLE OF CONTENTS 6 The Best of the Best: Attorney TV Advertisements

by Anna Blanken

12 COMMUNITYnews

ATTORNEY OF THE MONTH

16 Bill Shapiro Law Offices of William D. Shapiro, San Bernardino Full Circle EXECUTIVE PUBLISHER Brian Topor

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by Karen Gorden

EDITOR Wendy Price CREATIVE SERVICES Skidmutro Creative Partners CIRCULATION Angela Watson PHOTOGRAPHY Chris Griffiths

22 McIntyre’s Civil Alert Organized Succinct Summaries

by Monty A. McIntyre

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24 How Self-Discipline Will Make You a Better Leader

STAFF WRITERS Jennifer Hadley Patricia Klier Karen Gorden

by Brian Tracy

CONTRIBUTING EDITORIALISTS Monty A. McIntyre Brian Tracy Anna Blanken Mike O’Horo

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28 Business Development: Do You Do it Only for the Money?

by Mike O’Horo

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.

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24 Editorial material appears in Attorney Journal as an informational service for readers. Article contents are the opinions of the authors and not necessarily those of Attorney Journal.

Attorney Journal makes every effort to publish credible, responsible advertisements. Inclusion of product advertisements or announcements does not imply endorsement.

Attorney Journal is a trademark of Sticky Media, LLC. Not affiliated with any other trade publication or association. Copyright 2016 by Sticky Media, LLC. All rights reserved. Contents may not be reproduced without written permission from Sticky Media, LLC. Printed in the USA

“Rick is one of the best lawyers in the country. I call him every time I have any issue in Nevada and would not hesitate to refer him any type of case of any size. We recently settled a significant case in Nevada after two days of mediation. Rick was masterful in dealing with the retired judge mediator, the defense team, and our clients, and he maximized the recovery. Whenever I need anything in Nevada, the Richard Harris Law Firm is there for me.” ~ C. Michael Alder, Esq., Alder Law

CAALA Past President and Trial Lawyer of the Year 2004 Los Angeles, California

“I recently co-counseled a serious Las Vegas injury case with Rick Harris and his law firm. Rick’s advocacy and skills are extraordinary, and were instrumental in resolving and maximizing our client’s sizable recovery. The case was expertly worked up, litigated, and masterfully mediated. Everyone I worked with on Rick’s team was outstanding. For either a referral or a co-counsel arrangement, I wholeheartedly recommend Rick and the Richard Harris Law Firm for any Nevada case.” ~ Carl Wolf, Esq., Callaway & Wolf Northern California Super Lawyer 2010 San Francisco, California

© 2015 RHLF

The Best of the Best Attorney TV Advertisements

by Anna Blanken

A

ttorney advertisements. They are everywhere: on television, billboards, buses, and the subway. Often billboards give a simple call to action, and commercials can play on emotions or make you giggle. Sometimes it seems like many of the advertisements run together, using duplicate or similar tag lines, cheesy graphics, or even the same office setting. With little to no originality, this can make it difficult to remember a lawyer’s name when you need legal help the most.

However, there are many attorney advertisements out there that are so good that we remember them and, most

importantly, the attorney responsible for them. Whether the ad is for a car accident attorney or a divorce lawyer, the ones that get our attention are unique, memorable, and well produced.

Keep in mind that your firm doesn’t have to strictly stick to television to get started with video advertisements. Producing quality video to be featured on your website, social media, and within your eblasts can increase your web traffic, drive your search rankings, and help to convert more clients.

Without further ado, we would love to share a few of the best attorney commercials that we have seen.

The Emotional Rollercoaster As mentioned earlier, some attorney commercials can play to your emotions. They can make you sad or give you hope.

They can sometimes even scare you.

The attorneys at Bryant Law Center knew what they were doing when they aired this car accident commercial. It is short, simple, and to the point:

Go to ajsample1.us online to view this video.

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Attorney Journal San Diego | Volume 157, 2016

The attorneys at Harris Personal Injury Lawyers have a host of quality commercials. In this commercial, they deliver a message that speaks to the heart of the average individual:

Go to ajsample2.us online to view this video.

The Comedian Sometimes attorney advertisements can be amusing. Often times, these cheesy commercials are ignored or considered annoying.

However, the following ads all have one thing in common, they are memorable, and a memorable commercial produces clients.

Regardless of the cheesy factor some of these ads exude, they should all be considered a television commercial stroke of genius.

Go to ajsample5.us online to view this video.

The following ad by Kenneth S. Nugent, P.C., is one of many in a series. Just try not to remember his signature tag line:

Pete Reid, an Austin, Texas attorney has come up with a clever commercial that only uses four words in the entire ad. But the video’s lighthearted nature and catchy music make it stick in your mind:

Go to ajsample3.us online to view this video.

The law firm Bergener Mirejovsky, located in Los Angeles, had the star Danny Trejo make one of their commercials. This ad is entertaining, to the point, and effective. Having a well-known face in a commercial can really make your firm stand out:

Go to ajsample4.us online to view this video.

Go to ajsample6.us online to view this video.

Trolman, Glaser & Lichtman has several commercials that play on the lighthearted side of personal injury cases. Bringing a bit of comedy to a serious situation can make a firm stand out from the rest:

If you have yet to see the creative genius of Bryan Wilson, the Texas Law Hawk, then we urge you to set aside a few minutes (or your lunch hour) to watch the videos he has come up with for his practice. They are incredibly entertaining. You won’t forget his name anytime soon: Go to ajsample7.us online to view this video.

Attorney Journal San Diego | Volume 157, 2016

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The Seriously Effective Go to ajsample8.us online to view this video.

Jamie Casino obviously spared no expense when he produced these commercials, which were aired during the past two Super Bowls. These commercials have a serious Hollywood feel to them, tell a personal story, keep you engaged and inspire you to fight your fight, whatever it might be:

Go to ajsample9.us online to view this video.

Marilyn York is a Men’s Rights Attorney and has several commercials that will make you listen and think.

Her ads all deliver a clear cut message which convey her personality and her passion for her practice area:

Lawyer advertisements come in all shapes and sizes. The most effective are well thought out and well produced, delivering a clear message that you will remember. The above are just a few of the best attorney commercials we have stumbled upon. Do you have an awesome attorney advertisement that wasn’t included on the list?

Share it with us! n Anne Blanken is a Digital Campaign Strategist with Consultwebs. com. Anna also holds advanced search certifications in Google Analytics and Google AdWords, giving her unique insights on organic and paid search strategies. www.consultwebs.com.

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Attorney Journal San Diego | Volume 157, 2016

MONDER LAW GROUP FEATURED ON:

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Attorney Journal San Diego | Volume 157, 2016

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

DAVID STONE P AY I N G I T F O R W A R D

While growing up in San Diego,

David Stone spent countless hours at the Lawrence Family Jewish

Community Center of San Diego.

“The JCC has so much to offer and provided a positive and enriching

place to go. This is my opportunity

to pay it forward for the children and families who will come after me.”

David now serves on the JCC’s Board of Directors, Executive Committee, Budget & Finance Committee, and

other committees. The JCC provides more than 300 social, cultural,

educational, and recreational programs and services to San Diego’s Jewish community and to people of

all religions and backgrounds.

Visit www.lfjcc.org to get involved, donate, and learn more.

At Duane Morris LLP, David advises

clients nationwide in real estate, finance, land use, and corporate transactional

matters. He particularly enjoys working with his clients on projects from concept through completion.

David Stone and Duane Morris LLP are not affiliated with the Law Office of Steven C. Vosseller.

Help us celebrate lawyers helping others. Please let us know of other San Diego County attorneys doing great community service.

Plaintiff Personal Injury (858) 429-4062 www.vosslawyer.com

L AW O F F I C E O F

STEVEN C. VOSSELLER

COMMUNITY news n Stradling recently represented Sequent Medical, Inc. in its merger with a U.S. subsidiary of Terumo Corporation, a global medical device company. Under the terms of the deal, Terumo acquired Sequent in an all-cash transaction for $380 million ($280 million up front and up to an additional $100 million if certain milestones are achieved).

Based in Aliso Viejo, Sequent develops BRUCE FEUCHTER next-generation interventional devices for treating cerebral aneurysms. Terumo reportedly commands a 16% market share in catheters used to treat cerebral aneurysms, making it the third-largest in the field. Terumo intends to merge Sequent and MicroVention, a California-based maker of coils that Terumo acquired in 2006, to strengthen its product development.

The Stradling team representing Sequent included Larry Cohn, Bruce Feuchter, Jeff Estes, Lisa Murison, Pace McCaskill, Sonya Attal, and Ron Birnkrant. Ryan Gaglio advised on tax matters, Nicolai SchwarzGondek advised on European contractual matters, Nicole Zajack advised on employment matters, Williana Chang advised on employee benefits matters, Kristin Larson advised on environmental matters, and Peter Dansie assisted on post-signing antitrust matters. n Shareholder Heather Peck of Littler, the world’s largest employment and labor law practice representing management, has been recognized among the “Top 50 Women Lawyers” by the National Diversity Council.

To be considered, attorneys must be a leader and role model within the organization and profession, contribute to the direction and growth of the organization, and be a recognized leader HEATHER PECK in their field of expertise. In addition, they must operate with high integrity and ethics, as well as be an active corporate citizen.

Based in the firm’s Irvine office, Peck specializes in labor and employment law. Her experience involves matters regarding privacy and data protection, traditional labor, discrimination and harassment, wage and hour and wrongful termination. She is currently the co-chair of Littler’s Reunion affinity group and a liaison for the firm’s Women’s Leadership Initiative. Peck earned her J.D. from Santa Clara University School of Law, her M.A. from the University of Amsterdam and her B.A. from San Jose State University.

Have a Press Release you would like to submit for our Community News?

Email it to PR@AttorneyJournal.us

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Attorney Journal San Diego | Volume 157, 2016

n The First Tee of Orange County (TFTOC), an organization dedicated to teaching local youth ages 7 to 18 life skills and healthy habits through golf, has added three members to its growing MELISSA DAVIS LOWE Board of Directors including Colin Higgins, associate at Snell & Wilmer and Melissa Davis Lowe, partner at Shulman Hodges & Bastian.

An associate at Costa Mesa-based Snell & Wilmer, Colin Higgins COLIN HIGGINS focuses his practice on business litigation in state and federal courts, and in administrative and ADR proceedings. He attended University of California, Berkeley where he earned bachelor’s degrees in history and political science and later earned a law degree from Loyola Law School.

Outside of work, Higgins is an Emerging Leaders council member with Orange County United Way and a supervising attorney at University of California, Irvine School of Law’s Pro Bono Program.

Melissa Davis Lowe is a partner of Shulman Hodges & Bastian’s Bankruptcy and Reorganization department in Irvine where she covers all aspects of bankruptcy law, including representation of creditors and trustees. Lowe earned a bachelor’s degree in finance from The University of Arizona and a law degree from Loyola Law School. She also is an active community member and has held positions with the Orange County Bankruptcy Forum, serving as a former president, and the California Bankruptcy Forum.

COMMUNITY news n Newmeyer & Dillion LLP is proud to announce that it has been ranked fourth among medium sized companies in the Best Places to Work in Orange County – 2016 Survey. The firm was the only law firm to make the top 25 of its category. This marks the fifth consecutive year Newmeyer & Dillion LLP has made the list JEFF DENNIS showing that its deep commitment to professionalism and client service is shared and appreciated by its workforce.

Jeff Dennis, Newmeyer & Dillion’s Managing Partner, believes the award is representative of the team effort and atmosphere that is fostered at the firm. “We believe that client satisfaction goes hand-in-hand with workplace satisfaction. By combining an environment in which individual effort is recognized, with a team approach in which everyone is respected, we have achieved the perfect balance for success. We are honored that our employees appreciate our efforts in this regard.”

Created in 2009, the awards program evaluates entries based on workplace policies, practices, demographics and also collects employee surveys to measure overall satisfaction and experience. The Best Companies Group worked alongside the Orange County Business Journal in 1collecting and analyzing BSVAD_MARC_FINAL_new2.pdf 1/5/15 3:26 PM the data and is a partner in the project.

n Snell & Wilmer is pleased to announce that Michael Preciado, an attorney in the firm’s Orange County office, became co-chair of the Orange County Coalition for Diversity in the Law (OCCDL) on July 1, 2016.

The OCCDL is a collaborate effort of professionals from leading Orange County law firms and other MICHAEL PRECIADO community partners committed to achieving cultural diversity in recruiting and retaining law students and attorneys in Orange County.

At Snell & Wilmer, Preciado concentrates his practice on product liability litigation defending car manufacturers in catastrophic injury cases. He has been a member of the OCCDL since 2014 and has been a member of the Hispanic Bar Association of Orange County since 2012. He received his J.D. from Chapman University School of Law magna cum laude and his B.S. from Northern State University.

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Attorney Journal San Diego | Volume 157, 2016

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FULL CIRCLE Bill Shapiro’s Seemingly Nonstop Success Is Not By Chance

It’s

by Karen Gorden

incredibly hard not to like Bill Shapiro, founder of the aptly named Law Offices of William D. Shapiro. Friendly and light-hearted, Shapiro has an easy laugh, and comes across humble and a pretty mellow guy. As he closes in on 4 decades of advocacy, and having secured his place as one of California’s best trial lawyers, this guitar playing, classic car loving, scuba diving, husband and father-of-three plaintiff’s attorney is quick to describe just how rewarding it is to be one of many trial lawyers who are able to help “regular people and families” put their lives back together after sustaining devastating injuries and the loss of loved ones.

Shapiro is proud that the effect of the cases he handles reaches far beyond providing recovery for his clients. “The impact of our cases extends beyond each particular case, our work provides for safer drivers, roadways, products, and so much more which prevents others from suffering the losses our clients have.” This attitude, along with his passion, skill and experience, is at the heart of what has propelled Shapiro to the top of the legal community. Such is evidenced by his inclusion in the prestigious invitation-only fellowships of the American College of Trial Lawyers, the International Academy of Trial Lawyers, the International Society of Barristers, as well as being a “Diplomate,” the highest distinction of the American Board of Trial Advocates (ABOTA). Indeed, Shapiro is one of the most well respected trial lawyers not only the state, but the nation.

Yet Shapiro’s modest, affable nature almost belies his enviable track record in the courtroom and status in the legal community. Talking with Shapiro feels a lot like talking with a friend—who while currently serving as National Secretary for ABOTA, happens to have been named, 2013 Trial Lawyer of the Year by the Orange County Trial Lawyers Association and the San Bernardino County Bar Association, the 2014 Trial Lawyer of the Year by the Consumer Attorneys of California, Inland Empire, the 2015 California Trial Lawyer of the Year

by Cal ABOTA and the 2016, Trial Lawyer of the Year by the Western San Bernardino County Bar Association.

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Attorney Journal San Diego | Volume 157, 2016

While his friendly, easy going personality makes him easy to like, his extraordinary victories on behalf of countless injured victims or heirs of family members coupled with the work he’s done making the community safer, along with his tireless efforts to give back to the legal community, make it nearly impossible not to respect him. But to hear Shapiro tell it, “This is what I was destined to do, I love what I do. I represent people who are relying on me, who trust me with their future. I’m passionate about my clients; I’m ‘all in’ on my work; emotionally, financially, I give each case everything I’ve got,” he explains.

“I’ve raised my 3 sons stressing, the harder you work the luckier you get, and there’s just no substitute for hard work, in law, in sports, in music, in everything. Hard work produces results.”

Arc of Success After spending more than five years as a name partner with Robinson Calcagnie Robinson Shapiro Davis, Inc., Shapiro recently returned to his roots as head of his own smaller powerhouse firm. He has nothing but praise for good friend and former partner Mark Robinson and all the lawyers and staff at RCRSD, insisting he’s a better attorney for having spent time with them. “Everything continues to be so positive in regards to my relationship with the firm, unusual when it comes to lawyers making such decisions,” he says. Chuckling, he adds, “Which is why I didn’t really leave the firm, I’m still ‘Of Counsel’ with Robinson Calcagnie Inc., and am still working cases with the firm.”

Shapiro explains that his decision to return to his roots and resume helming his own firm is simply what suits him best. “I’m naturally more suited to running a small firm; that’s what I did for over thirty years. I have a tremendous staff with me, Debbie, Donna, Craig and in working with Justin King and all aboard, I’ve been able to be selective, and limit the number of cases accepted,” he adds.

But make no mistake, although he’s technically downsized

ATTORNEY

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his firm, the cases he’s taking and winning are by no stretch of the imagination, small cases. Shapiro continues to take on giant insurance companies, trucking companies, manufacturers, property owners and public entities when their negligent truck/ auto drivers, defective products or dangerous conditions and properties cause injuries and deaths. More importantly, he consistently secures incredible victories for his clients, and the community at large.

One such case, which made recent headlines, not only resulted in a win for his client, but once again resulted in making the community safer. In this case, Shapiro represented a 70-yearold husband whose wife was killed in an auto accident. “When entering a turn, her car drifted slightly out of the lane striking a cement box that was a few feet off the side of San Timoteo Canyon Road in the city of Redlands. The city denied it was dangerous and further, claimed it was not on their property,” Shapiro recalls.

In the jury trial against the City, Shapiro explained precisely why a giant cement block, mere feet off the roadway was a classic dangerous condition, as it was foreseeable that people will slightly drift out of the lane. The jury made it clear to the city that they agreed it was a dangerous condition and when something is that close to the roadway, it makes the roadway dangerous.

However, even after Shapiro secured this multi-milliondollar jury verdict for his client, the city failed to remove the dangerous concrete box. With the case over, Shapiro continued to fight to have the structure removed by offering to personally pay the costs of removal. That proved unnecessary as he ultimately achieved his goal. “Within a week of the offer, the city removed the box, and motorists are safer for it. This case demonstrates how trial lawyers truly can make a difference in providing for a safer community, making sure others don’t have to go through something like this,” he says.

Shapiro’s passion for people becomes increasingly palpable when discussing cases such as this. “As trial lawyers, we hear

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Attorney Journal San Diego | Volume 157, 2016

the word ‘No’ all of the time. The Redlands case was a perfect example of how the American jury system, the American Courtroom is the ultimate neutralizer. There is nothing like our jury system. No matter who you are, no matter what your status, how much money or power you have, the American jury system ensures that every individual has the right to seek full justice from those who are responsible for their injuries or losses. Our 7th Amendment guarantees the right to a jury trial where regular members of the community dictate the outcome.

You can’t get better than that,” he says.

Shapiro stresses the jury system is an “equal opportunity” system providing defendants the same absolute right. Not all cases are meritorious and like plaintiffs, those accused of wrongdoing have the right to defend their position. “Our jury system protects the rights of everyone, plaintiffs and defendants alike; the bottom line is when there is a dispute over accountability, there is just nothing like the American jury in an American Courtroom.”

Endless Effort for Everyday People Shapiro’s passion for the law and community is matched only by his determination to make things better for the individuals he represents. By way of example, in just the past year alone, Shapiro has secured millions for clients in many cases, including the family of Luc Van Bui, who was killed when a sheriff’s deputy crashed into Bui’s car in Twentynine Palms.

“I’m very proud of all my cases, each stands out in its own way, much like the Bui case,” he says. “Having served in the South Vietnamese army, Mr. Bui was imprisoned when the war ended.

Years after his release, it took nearly a decade to smuggle 4 of his 5 children to the United States. Mr. Bui endured more than 2 years of having lost contact with his daughters who were in camps in the Philippines. He finally succeeded in getting his family here safely, only to be killed by a speeding officer,” Shapiro says. In the

© christopher TODD studios

end, although Shapiro admits that no amount of money would make up for the family’s loss, he acknowledges that the nearly $4 Million he was able to secure for Bui’s family will help the family enormously.

In yet another recent case in Sacramento, he was able to make things at least a bit better for a family who suffered tremendously as the result of devastating medical negligence. “The Manzos were young Sacramento newlyweds, ecstatic to find a year after the wedding, they were expecting. For 9 months all was perfect until the day the baby was born, discolored, not breathing and lifeless.

The crash team was able to resuscitate the baby who survived, but suffered irreversible brain injuries, and has Cerebral Palsy requiring lifetime care,” Shapiro explains. They reached out to Shapiro to find out why this had happened.

“After years of investigation, experts and litigation, it was found in the many hours of labor, there were signs of fetal distress and the baby should have been delivered by C-Section.

For 5 years the doctors and hospital denied any negligence but just before trial, a multi-million-dollar settlement was reached,” he says. “The defendants knew they would face a jury trial, and I knew the jury would agree with our position, so they wanted to avoid that.”

Continuing, Shapiro says with a smile, “My clients are great people; great parents and the recovery secured for this little boy will make a big difference for him by providing the care he’ll need.

These are regular working people, and this settlement is going to make things at least a little bit easier for the family.”

Collection of Corvettes and muscle cars in Bill’s office garage.

What Goes Around Comes Around Suffice it to say, with such a long, impressive track record of succeeding in securing justice for regular people, Shapiro remains in high demand from victims, and the legal community alike. In addition to teaching Civil Trial Practice as an Assistant Professor on the adjunct faculty of Western State College of Law, for the last 6 years, he has been on the faculty of the ABOTA Trial College at Harvard Law School as well as being a faculty member of the American Bar Association’s Trial Academy held annually at the National Judicial College in Reno, Nevada. Over his career, Shapiro has been asked and has lectured nationwide and internationally on various aspects of trial, strategy and development, including many Masters in Trial and other Masters presentations.

“It’s an honor to teach and give back; I am humbled to be on faculty for these organizations. It’s always been important to me to give back, so I’ve made it a priority my entire career,” he says. “In addition to teaching, I’m active in pro bono work at Legal Aid and I’m proud to have served on the Executive Board of our Legal Aid Society for the past 36 years.”

Likewise, Shapiro has held leadership roles in numerous legal associations over the years including serving as Past President of the San Bernardino/Riverside Chapter of ABOTA, Past President of the San Bernardino County Bar Association, Past President of American Inns of Court, Joseph B. Campbell Chapter and as Past President of Consumer Attorneys of Inland Empire. The current

Contact William D. Shapiro Law Offices of William D. Shapiro 839 East Brier Dr. San Bernardino, CA 92408 P: (909) 890-1000 F: (909) 890-1001 bill@wshapiro.com www.wshapiro.com

© christopher TODD studios

EXPERIENCE

National Secretary and National Chair of the Awards Committee of ABOTA, Shapiro also serves on the Board of Directors and Membership Committee of the International Academy of Trial Lawyers, the State Board of Governors for Consumer Attorneys of California as well as the Executive Boards of both the Inland Empire Chapters of the Consumer Attorneys and ABOTA. In addition to donating his time and experience, Shapiro donates money and resources to support law students. Together with his wife, years ago Shapiro established the “William and Susan Shapiro Scholarship” for students at Western State University, College of Law, providing two scholarships to two deserving students.

“I’m fortunate to have accomplished many things in law, but my greatest and most treasured accomplishment is being a good husband and father. Susan has shared my many passions for so long with patience and pride and I couldn’t be more proud of my three sons. Matt (28) is in his first year of law school, Brian (26) recently graduated and is awaiting bar results and Kevin (24) is earning his Master’s Degree in Architecture at USC. If there is a gem in my life, it’s my family.”

Shapiro says he made the choice to work hard, and to be the best he could be early in his life. As to results of excellence, he quotes Don Henley who once said of the vocal harmonies of the Eagles, “Henley said, ‘do you hear that? . . . That’s not an accident . . . that’s hard work.’ Such is the case in everything in life including success in law. Such is how I describe the work I’ve tried to accomplish. It’s not luck, it didn’t just happen. Whatever success I’ve been able to achieve in my life came from hard work.

That is the lesson I’ve raised my sons with, that is the lesson my father taught me.”

Rest assured, although Shapiro has already achieved an elite standing in the legal community as one of the premier personal injury trial attorneys in the nation, he has no plans to slow down.

“I will never, ever retire completely. And I’m secretly harboring a dream that one day I’ll practice law with my sons Brian and Matt with Kevin designing the building, but we’ll have to see,” he laughs.

“I’m in a sweet spot in my career and in my life, happy in so many ways. I absolutely love what I do. There has never been a dull moment in the last 40 years; I tell people I live the ‘Discovery Channel.’ But the best part, while it’s a lot of work; the cliché is true, ‘when you love what you do, it never seems like work, carry on.’” n

» EDUCATION • Western State University College of Law, Fullerton, California Juris Doctor – 1978 Phi Alpha Delta Legal Fraternity, Charter Member • California State University, Fullerton, California California State Teaching Credential, K-12 – 1975 • California State University, Fullerton, California Bachelor of Science, Physical Education – 1974 • Chaffey College, Alta Loma, California Associate of Arts, General Education – 1972

» RECOGNITION • “Best Lawyers in America” U.S. News & World Report • “SuperLawyer,” Los Angeles Times Magazine • “Best Lawyers in Orange County,” Orange County Register, Metro • “Best Lawyers in Inland Empire,” Inland Empire Magazine • “Top One Percent in the Nation,” National Association of Distinguished Counsel • “Top 100 Trial Lawyers,” National Lawyers of America • “Top 50 list for Orange County,” Los Angeles Times • “Best Firms,” U.S. News & World Report, Best Lawyers in America • “Southern California’s Top Rated Lawyers,” American Law Magazine, published in LA Times • “Certified Specialist in Civil Trial Advocacy,” Specialization by State Bar of California • Board Certification in Civil Trial Advocacy; National Board of Trial Advocacy • “A-V Preeminent,” One of the Pre-eminent lawyers in America, Martindale-Hubbell

» AWARDS • Lawyer of the Year – IE, Best Lawyers in America, 2017 • Jennifer Brooks, Lawyer of the Year – WSBCBA, 2016 • Trial Lawyer of the Year, Cal ABOTA – 2015 • Trial Lawyer of the Year, – Consumer Attorneys of Inland Empire, 2014 • Top Gun, Trial Lawyer of the Year – Orange County Trial Lawyers Association, 2013 • John B. Surr Award – presented by the San Bernardino County Bar Association: Awarded to the Member of the Legal Community Who has Best Exemplified the High Standards of the Profession and the Administration of Justice, 2013 • Matthew Kearney Award – pro bono services • Access to Justice Award – Legal Aid

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Attorney Journal San Diego | Volume 157, 2016

• Kleps Award – 4th District Court of Appeal

McIntyre’s Civil Alert Organized Succinct Summaries

by Monty A. McIntyre, Esq.

Monty A. McIntyre has over 30 years of experience as a mediator and arbitrator. More than 35 years of experience as a civil trial lawyer representing both plaintiffs and defendants in business and commercial, bad faith, brain injury, construction, land use/CEQA, medical malpractice, personal injury, real property and wrongful death cases. To schedule a meeting with Monty A. McIntyre contact Kelsey Hannah at ADR Services, Inc. at 619-233-1323 or kelsey@adrservices.org

CALIFORNIA SUPREME COURT Attorney Fees Laffitte v. Robert Half International Inc. (2016) _ Cal.4th _ , 2016 WL 4238619: The California Supreme Court affirmed the Court of Appeal’s decision affirming the trial court’s order approving a settlement of an employment class action case for $19 million and awarding attorney fees of one-third of that amount, $6,333,333.33. The trial court’s award of an attorney fee calculated as a percentage of the settlement amount did not violate a holding in Serrano v. Priest (1977) 20 Cal.3d 25 because that discussion of how a reasonable attorney fee is calculated was made in connection with an award under the “private attorney general” doctrine. A percentage calculation with lodestar crosscheck is permitted in a common fund case. (August 11, 2016.)

Civil Procedure (Anti-SLAPP) Baral v. Schnitt (2016) _ Cal.App.4th _ , 2016 WL 4074081: The California Supreme Court reversed the ruling of the Court of Appeal in a case addressing how courts should rule on an anti-SLAPP motion in a “mixed cause of action” that combines allegations of activity protected by the statute with allegations of unprotected activity. The California Supreme Court concluded that the Legislature used “cause of action” in a particular way in Civil Code section 425.16(b)(1) that targeted only claims based on the conduct protected by the statute. Section 425.16 is not concerned with how a complaint is framed or how the primary right theory might define a cause of action. While an anti-SLAPP motion may challenge any claim for relief founded on allegations of protected activity, it does not reach claims based on unprotected activity. Here is the process courts should follow in ruling on these motions: At the first step, the moving defendant bears the burden of identifying all allegations of protected activity and the claims for relief supported by them.

When relief is sought based on allegations of both protected and unprotected activity, the unprotected activity is disregarded at this stage. If the court determines that relief is sought based on allegations arising from activity protected by the statute, the second step is reached. There, the burden shifts to the plaintiff to demonstrate that each challenged claim based on protected 22

Attorney Journal San Diego | Volume 157, 2016

activity is legally sufficient and factually substantiated. The court, without resolving evidentiary conflicts, must determine whether the plaintiff’s showing, if accepted by the trier of fact, would be sufficient to sustain a favorable judgment. If not, the claim is stricken. (August 1, 2016.)

CALIFORNIA COURTS OF APPEAL Alternative Dispute Resolution (DavisStirling Act) Rancho Mirage Country Club Homeowners Associations v.

Hazelbaker (2016) _ Cal.App.4th _ , 2016 WL 4199091: The Court of Appeal affirmed the trial court’s award of $18,991 in attorney fees and costs of $572 to plaintiff homeowners association arising from a lawsuit to enforce a mediation agreement where defendants had agreed to modify their real property. The Court of Appeal ruled that the lawsuit to enforce the mediation agreement was an action to enforce the governing documents under the Davis-Stirling Common Interest Development Act (Civil Code section 5975), and plaintiff was entitled to recover its fees. The trial court properly found plaintiff was the prevailing party and did not abuse its discretion in determining the amount of fees and costs to be awarded. (C.A. 4th, August 9, 2016.)

Civil Procedure (998 offers, anti-SLAPP, MICRA, statute of limitations) Aldana v. Stillwagon (2016) _ Cal.App.4th _ , 2016 WL 4131373: The Court of Appeal reversed the trial court’s order granting summary judgment to defendant on the basis that the one-year MICRA statute of limitations in Code of Civil Procedure section 340.5 barred plaintiff’s negligence action, arising from a traffic accident, filed 17 months after the accident.

Following the California Supreme Court’s decision in Flores v.

Presbyterian Intercommunity Hospital (2016) 63 Cal.4th 75, the Court of Appeal concluded that, although defendant’s status as a paramedic might demonstrate that he was a medical professional, the automobile collision was a “garden-variety” accident not resulting from the violation of a professional obligation but from a failure to exercise reasonable care in the operation of a motor

vehicle. As a result, the two-year statute of limitations in Code of Civil Procedure section 335.1 applied, and plaintiff’s action was timely filed. (C.A. 2nd, August 3, 2016.)

Ignacio v. Caracciolo (2016) _ Cal.App.4th _ , 2016 WL 4131379: The Court of Appeal affirmed the trial court’s order denying defendant’s motion to tax costs after plaintiff obtained a verdict of $70,000 after rejecting defendant’s Code of Civil Procedure section 998 offer to settle for $75,000. The trial court properly concluded that defendant’s settlement offer was invalid under section 998 and denied her the cost-shifting benefits of that statute, because the release defendant submitted to plaintiff as part of her settlement offer sought to release defendant and others from claims outside the scope of the personal injury action and rendered the offer invalid under section 998. (C.A. 2nd, August 3, 2016.)

Class Actions Roberts v. United Healthcare Services (2016) _ Cal.App.4th _, 2016 WL 4150703: The Court of Appeal affirmed the trial court’s order sustaining a demurrer without leave to amend to a class action complaint alleging unfair competition, unjust enrichment and financial elder abuse arising from alleged misleading marketing materials regarding the availability of in-network urgent care centers. Disagreeing with Cotton v.

StarCare Medical Group, Inc. (2010) 183 Cal.App.4th 437, 447-454 and Yarick v. PacifiCare of California (2009) 179 Cal. App.4th 1158, 1165-1167, the Court of Appeal ruled that the complaint was preempted by the preemption clause applicable to Medicare Advantage plans (42 U.S.C. section 1395w-26(b) (3)) and was also implicitly preempted by the requirement that the plan’s marketing materials and adequacy of plan coverage be preapproved by the Center for Medicare and Medicare Services.

The claims were also subject to dismissal because plaintiff did not first exhaust his administrative remedies under the Medicare Act. (C.A. 2nd, August 4, 2016.)

Contracts Watson Bowman Acme Corporation v. RGW Construction, Inc. (2016) _ Cal.App.4th _ , 2016 WL 4212124: The Court of Appeal affirmed the trial court’s order determining that defendant’s purchase order was ambiguous and allowing the jury to evaluate the conflicting parol evidence before deciding the meaning of the contract. However, the Court of Appeal reversed the trial court’s order denying plaintiff prejudgment interest further because it concluded that the price adjustment owed to plaintiff for the change in the order was sufficiently certain to meet the statutory requirements for an award of prejudgment interest. (C.A. 5th, August 9, 2016.)

Insurance Ace American Insurance Company v. Fireman’s Fund Insurance Company (2016) _ Cal.App.4th _ , 2016 WL 4158868: The Court of Appeal reversed the trial court’s order sustaining a demurrer without leave to amend in an action by an excess carrier

against the primary carrier for equitable subrogation and breach of the duty of good faith and fair dealing. The Court of Appeal concluded that, because the excess carrier alleged it was required to contribute to the settlement of the underlying case due to the primary carrier’s failure to reasonably settle the case within policy limits, the lack of an excess judgment against the insured in the underlying case did not bar an action for equitable subrogation and breach of the duty of good faith and fair dealing. (C.A. 2nd, August 5, 2016.)

Medical Malpractice Borrayo v. Avery (2016) _ Cal.App.4th _, 2016 WL 4208070: The Court of Appeal reversed the trial court’s order granting summary judgment to defendant in a medical malpractice case.

The trial court granted summary judgment after it sustained defendant’s objection to plaintiff’s expert declaration by an orthopedic surgeon in Mexico on the basis that plaintiff’s expert could not testify to the standard of care in the U.S. Because the locality factor for determining the standard of care had been abolished years ago in Sinz v. Owens (1949) 33 Cal.2d 749, 754, the Court of Appeal ruled that it was not unreasonable to extend the standard of care analysis across international boundaries.

Defendant had not suggested that the standard of care in Mexico is higher than the standard of care in the United States. As the objecting party, defendant had the burden of proving that the standard of care was different in Mexico and he failed to do so.

(C.A. 1st, August 10, 2016.)

Real Property Walters v. Boosinger (2016) _ Cal.App.4th _ , 2016 WL 4257177: The Court of Appeal affirmed the trial court’s order sustaining a demurrer without leave to amend in a case alleging causes of action for quiet title and partition. The case was a dispute over ownership of real property between plaintiff, as the administrator of the estate of his father, and defendant who was the father’s former girlfriend, arising from a 2003 deed named the father and defendant as owners in joint tenancy of the property. Plaintiff’s father died in 2013. The Court of Appeal rejected plaintiff’s contention that a quiet title claim based on the theory that a deed is void ab initio is not subject to any statute of limitation and can be brought at any time. The trial court properly ruled that the quiet title cause of action was barred by the three year statute of limitation under Code of Civil Procedure section 338. The trial court also properly sustained the demurrer to the partition cause of action because plaintiff had no interest in the real property after the death of plaintiff’s father. (C.A. 4th, August 12, 2016.)

Yhudai v. Impac Funding Corporation (2016) _ Cal.App.4th _ , 2016 WL 4098719: The Court of Appeal affirmed the trial court’s order sustaining a demurrer without leave to amend to a complaint alleging the wrongful nonjudicial foreclosure sale of real property. The trial court properly sustained the demurrer because the assignment of the deed of trust was voidable, but not void. (C.A. 2nd, July 29, 2016.)n Attorney Journal San Diego | Volume 157, 2016

23

How Self-Discipline Will Make You a Better Leader

by Brian Tracy

L

eadership styles are a learnable quality that anyone can attain through hard work and self-discipline. While the process of becoming a leader may be simple, it is not easy to do. Everyone can become a great leader, have better self-confidence and achieve success.

Self-Discipline is a Learnable Quality Many people feel that they lack self-discipline in certain areas and they often assume that, “That’s just the way I am.” Are some leaders born with natural qualities and abilities that make selfdiscipline easy for them? It may be true that there are such things as natural born leaders, however most leaders are made by hard work and self-development.

The fact is that YOU can develop whatever leadership styles and qualities that you consider desirable and necessary. For some people it will be easier, and for others it will take more time and effort. But each person has the inborn ability to shape his or her character and personality in a positive way by being clear about his or her future intent and determined enough to press forward through the difficulties, resistance, and setbacks.

Develop the Leadership Styles You Desire The process of developing disciplines or leadership styles is simple, though not easy. Nothing worthwhile is easy.

First, decide upon the one discipline that can be most helpful to you in your career at the moment. Don’t try to change several things about yourself at one time or to develop several disciplines for yourself simultaneously, no matter how attractive and desirable they may be. Your basic need is to focus and concentrate on the development of a single discipline until it is locked in and becomes a part of your personality. Then you can move on to the development of the next discipline on your list.

The good news is that every act of discipline strengthens and reinforces all your other disciplines. At the same time, it will increase your self-confidence. You must be vigilant.

Everything counts!

Program the New Discipline into Your Mind Once you have chosen a discipline to develop, begin to think about how you would behave if you had this discipline or habit 24 Attorney Journal San Diego | Volume 157, 2016

already. See yourself acting or reacting in a situation where you want to practice you new leadership styles.

Then, create a positive affirmation for yourself to continually reinforce the new discipline. You will actually become what you say to yourself about yourself over and over again. This will build your self-confidence and you will begin to see yourself in a new light.

Never Allow Exceptions Once you have decided on the discipline you are going to develop, the key is for you to launch strongly on your new discipline. Resolve to never allow an exception until it becomes permanent. If you “fall off the wagon,” immediately restate your affirmation or command to yourself and begin again. This is the only way you can succeed.

Persistence and Self-Discipline The best part of this process of developing leadership styles and disciplines is the direct relationship between self-discipline and persistence. The more you persist, in any endeavor, the greater self-discipline and self-confidence you will develop. It has been well said that, “Persistence is self-discipline in action.”

The more consistently you practice your chosen disciplines, the more you will like and respect yourself. You will feel more confident and optimistic. You will become more effective in every area of your life.

When you develop the disciplines of leadership excellence, you will become a more powerful and resourceful leader, get more done, have greater self-confidence and succeed at higher levels in everything you attempt. n Brian Tracy is recognized as the top sales training and personal success authority in the world today. He has authored more than 60 books and has produced more than 500 audio and video learning programs on sales, management, business success and personal development, including worldwide bestseller The Psychology of Achievement. Brian’s goal is to help you achieve your personal and business goals faster and easier than you ever imagined. You can follow him on Google+, Twitter, Facebook, Pinterest, LinkedIn and Youtube.

& DD

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Business Development: Do You Do it Only for the Money?

by Mike O’Horo

R

ecently, while hunting for something in a dusty section of my hard drive, I stumbled across and re-read David Maister’s eye-opening article from 2005, Doing it for The Money, which takes law firms to task for using money as the sole or primary motivation to drive additional sales and marketing behavior.

David cites Alfie Kohn’s book, Punished by Rewards, which argues that “all incentive schemed are doomed to failure because they divert people’s attention away from inherent meaning, purpose, fulfillment or fun in the activity.

Rather than these things, all motivation is shifted to getting the reward.”

It got me thinking about some questions that have bugged me for years, among them why lawyers eschew business development training by wasting what their firms buy for them, or what they buy for themselves, or by avoiding it altogether. Maister may have answered some of these for me.

For many years, Maister conducted a survey among professionals around the world. Respondents told him that “they truly enjoy their work 20 to 30 percent of the time, and can tolerate the rest,” and reported that “they really like the clients they work for and find the clients’ sector interesting about 30 to 40 percent of the time.” Again, the rest is acceptable.

He concludes that this explains “why people aren’t all that keen to go out, get active and work passionately on business development. Getting more business just brings in more stuff they can tolerate for clients they don’t particularly care for!”

Does this describe why and how you engage in business development, for the money?

If so, might that explain why you’re so reluctant to do it?

Why you’ll find any number of activities to engage as an excuse to not do it?

Why you’re not that effective at it?

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Attorney Journal San Diego | Volume 157, 2016

And why, despite acknowledging that you’re not confident about your business development skills, you don’t take full advantage of training or coaching, even after paying for it?

Kohn also argues that “the most important things needed to get rewards in any field of endeavor are the energy and dedication created by meaning, purpose, fulfillment and fun.” These principles were further reinforced in Daniel Pink’s book, Drive: The Surprising Truth About What Motivates Us. How much fun are you having with business development?

If “not much,” it’s time to re-examine your reasons for wanting to be good at it.

• What’s really important to you?

• What kind of work do you love to do?

• What kind of clients do you really enjoy working with?

During the planning component of my sales training and coaching program, I ask each lawyer to describe a recent engagement that they’d walk through fire to replicate, i.e., that satisfied all three categories of need: Practical – the work itself was stimulating and rewarding; Economical – the fees were sizable, paid willingly and timely, perhaps with a bonus or premium; Emotional – the client “gave the love,” i.e., expressed appreciation and respect for the lawyer’s work product, skill, commitment and contribution.

Together, we analyze the origin of these dream engagements to figure out their origins so we can model the chain of causes that result in demand, and assess where we’ll find people whose situations make them likely to exhibit such demand. You can do this yourself. When you’ve identified that optimum engagement, ask, “What business behavior constitutes the first domino in the causal chain

that culminates in a transaction, or a complaint, or other legal action?” In which industries am I most likely to see this problem occurring with meaningful impact?” There are some other steps, but this is a good start.

Over the past 25 years of training and coaching more than 7,000 lawyers, I’ve learned that unless the “carrot” (as defined by the lawyer) is sufficiently attractive, and intrinsic, the likelihood of the lawyer expending effort in pursuit of it is virtually zero.

Now, be honest with yourself. To what degree are you able to influence what you do, how you do it, when you do it, how much of it you do, and for whom?

If your answer is, “Very little,” or worse, it’s time to get serious about taking control of your practice and how that practice makes you feel every day.

Maister concludes, “The better you are at marketing, the more truly professional you can be, because you are not forced to take money from anyone and everyone just because you need the cash.” n

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