Attorney Journal, San Diego, Volume 127

SAN DIEGO

Volume 127, 2014 • $6.95

Lives Out of Control = Ethics Violation #1

Nancy Byerly Jones Want to Sharpen Your Mind?

Cut Your Stress

Consulting vs. Contracting

Ryan Sullivan

RISING STAR OF THE MONTH

Ruth Ryan-Cruz MEDIATOR OF THE MONTH

Merv Thompson SOLO PRACTITIONER OF THE MONTH

Andy Cook

Attorney of the Month

Jeff Harmeyer

PROVIDING EQUAL ACCESS TO JUSTICE

Mike O’Horo

2014 EDITION—NO.127

TABLE OF CONTENTS features 6 Want to Sharpen Your Mind?

Cut Your Stress

by Ryan Sullivan SOLO PRACTITIONER OF THE MONTH

8 Andy Cook

by Jennifer Hadley

12 COMMUNITYnews

EXECUTIVE PUBLISHER Brian Topor

ATTORNEY OF THE MONTH

16 Jeff Harmeyer

EDITOR Jennifer Appel

by Jennifer Hadley

CREATIVE SERVICES Skidmutro Creative Partners

22 Consulting vs. Contracting

CIRCULATION Angela Watson PHOTOGRAPHY Bronson Pate Vinit Satyavrata STAFF WRITERS Jennifer Hadley Bridget Brookman Karen Gorden CONTRIBUTING EDITORIALISTS Ryan Sullivan Christopher Walton Mike O’Horo Monty McIntyre WEBMASTER Mariusz Opalka ADVERTISING INQUIRIES info@AttorneyJournal.us SUBMIT AN ARTICLE Editorial@AttorneyJournal.us OFFICE 10601-G Tierrasanta Blvd., Suite 131 San Diego, CA 92124 P 858.505.0314 • F 858.524.5808 www.AttorneyJournal.us ADDRESS CHANGES Address corrections can be made via fax, email or postal mail.

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Are You a Consultant, or a Contractor? Does it Matter?

Only if You Care About Things Like Pricing Power, Access, Credibility, Differentiation, and Value

by Mike O’Horo

MEDIATOR OF THE MONTH

24 Merv Thompson

by Karen Gorden RISING STAR OF THE MONTH

26 Ruth Ryan-Cruz

by Karen Gorden

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28 Lives Out of Control = Ethics Violation #1

Lessons Learned from Folks in Control of Their Lives

by Nancy Byerly Jones

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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.

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Attorney Journal | Volume 127, 2014

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An odd incident in the nighttime…

At 4:30 in the morning, the house was dead quiet. The blue glow from Jamie’s1 laptop was a lone beacon in the black of night as she huddled on the couch in hot chocolate-stained pajamas, attempting to concentrate on her closing argument. Abandoned lumps of half-folded laundry pressed against her side and Dancing Elmo’s wide, white eyes stared up at her from his position on the floor beside her feet.

Over the final days leading up to trial, Jamie had re-organized the words on her computer screen a thousand times, wracking her brains for more, more, more. Arguments before the jury began at 8:30 a.m. In a frenzied burst, she clutched her laptop to her chest, shoved the offending pile of laundry to the floor and kicked Dancing Elmo hard in the keister.

Elmo sailed through the darkness, crashed into the wall and thumped to the floor, his haunches twitching in a death jig as he warbled a bit of song and then lapsed into an eerie silence. Lowering her computer back into place, Jamie narrowed her eyes at the screen, totally indifferent to poor Elmo’s fate.

Stress Basics

Want to Sharpen Your Mind?

Cut Your Stress.

by Ryan Sullivan, ESQ. Ryan Sullivan has practiced criminal defense for 11 years and is currently a Chief Deputy and Training Director at the Washoe County Public Defender’s Office. In addition to criminal defense, Sullivan is interested in issues of attorney stress management and how to be a positive professional.

It’s old news that stress is inherent in the business of law.2 And for some attorneys, chronic stress is accompanied by depression, substance abuse and many other delightfully related downers that can conspire to summon the state bar to your legal door. Some signs of stress include: anxiety, sleep problems, decreased immunity, restlessness, angry outbursts, relationship conflicts, stomach upset, fatigue,overeating or undereating. Common ways to reduce stress: eat right, exercise, sleep well, reduce conflict, meditate, listen to music.3 Not all stress is bad; “good” stress can both motivate and challenge us to achieve our goals. Chronic stress is another story. According to Dr. Richard O’Connor, “Chronic stress acts on the body to put us in a constant state of arousal, which restricts our perception and thoughts, interferes with concentration and decision making, and makes us feel afraid.”4 We can all agree that chronic stress needs to be eliminated. However, a vexing problem relates to action implement. We know we’re stressed and we know the things we should do to feel better, yet moving our butts off the proverbial La-Z Boy and actually doing it is the hard part. Here’s a motivational nugget: a calm mind is a sharp mind. Creativity, intellect, communication — all these good advocacy skills suffer when stress shrinks our brain by limiting our perceptions and thoughts. Want to trump the competition in court? Write a dazzling brief? Negotiate the greatest deal of all time? If you cut your stress levels your mind will shine like the blade of a razor. Jamie’s closing argument didn’t need wee-hour-of-the-morning, stress-riddled revisions in order to sparkle; her argument needed a well-rested, calmer version of herself.

The elephant is “Stuck” in the room Before beginning the work of actually doing something to reduce stress, one large elephant in the room must be acknowledged. During a panel discussion held at the Touro Law Center, titled “Stress, Burnout, Vicarious Trauma and Other Emotional Realities in the Lawyer/Client Relationship,” Dr. Stanford Portnoy expressed the opinion that, after treating lawyers clinically for the past 32 years, he believes that lawyers, more than any other group, have higher degrees of “stuckness” in addressing stress.5 Dr. Portnoy has heard lots of, “Yes, but!” responses from lawyers insisting that there isn’t anything they can do to change their situation and that this is just the way the legal system works. These lawyers are stuck.

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While it’s true the billable hour won’t vanish tomorrow and headaches from incivility and client pressures can’t be waved away by a magic wand, there is a powerful, transformative weapon each of us has in our arsenal: our attitudes. The ways we perceive the world and our surroundings are all processed through our individual mental filters and then snuggled into our brains in the form of our attitudes. We may not be able to change certain circumstances but we can change the way we think about them and the way we act in response. The only real control we have in this life is the control we exert over ourselves. Exertion of self- management is key to stress reduction.

Build Your Stress-Busting Skills with the oar System Controlling actions, thoughts and attitudes is not always easy. Starting with a simple plan that breaks stress reduction into manageable chunks is a good way to begin.

Think of an old-fashioned wooden oar, one you might use to paddle a beat-up aluminum canoe through a small lake. Now use the letters OAR to stand for something new: Ownership, Action, Repetition.

O for Ownership The O for Ownership stands for taking a careful look at your current situation to examine how your choices have placed you where you are now. Be careful, owning the problem is very different from blaming yourself. Blame is a negative, unhelpful emotion. Instead of blame, ownership is akin to accountability and leads us to ask, “How have I played a part in this?”

Using the OAR system as an example in Jamie’s case, ownership might mean spending a few moments in analysis of the Elmo Incident.

Upon reflection, maybe Jamie would realize she hadn’t prioritized working on her closing argument until it was too late and, instead, had allowed office distractions to gobble up precious work time early in the game, which generated unnecessary stress later. Ownership taken.

A for Action After taking ownership, swing into action to create change. The first part of taking action is formulating a plan of attack. The second part of taking action is launching the plan. First plan, then launch (just like NASA, minus the astronauts and the rocket science degree).

Create an individualized plan targeting the issue. Tailor your plan to match your needs. Don’t devise plans that sound good but make you cringe inside, such as signing up for a yoga class at 5 a.m. if you hate stretch pants and are not a morning person.

Make your plan meaningful to you.

For instance, Jamie could write down a list of things she will do differently as she prepares for her next trial, including calendaring dedicated hours to work on her closing argument with zero distractions (door closed, phones and e-mail alerts off).

When the designated times appear on her schedule, Jamie must engage in successful self-management by following through and honoring the plan she made to work on her argument distraction-free.

R for Repetition

“People often say that motivation doesn’t last. Well, neither does bathing — that’s why we recommend it daily.” – Zig Ziglar Just as we maintain our bodies on a frequent and consistent basis, so must we maintain our minds. Repetition and consistency in practicing stress reduction skills leads to improved results, more confidence and a cycle of positive effort. Sometimes we all slip up, forget to use our skills or make an impulsive decision that goes against the goals we are trying to achieve. Don’t dwell on slip-ups. Slap your OAR back in the water and keep paddling your canoe on an even keel.

Stress will always be present in our lives, its strong currents attempting to pull you off course, but using the OAR method you have a means to propel your canoe toward the destination you want to reach. Dancing Elmo dolls worldwide will thank you. n

Names and identifying details have been changed to protect the innocent and the guilty. 2 Dennis M. Warren, Breathing Lessons: Justice Frankfurter and the Laws of Stress and Performance, Oregon State Bar Bulletin, Dec. 2002. 3 Mayoclinic.com. 4 Richard O’Connor, Ph.D., Undoing Perpetual Stress, (2005). 5 Dr. Sanford Portnoy, Professor Marjorie A. Silver, Professor Jean Koh Peters, Stress, Burnout, Vicarious Trauma, and Other Emotional Realities in the Lawyer/Client Relationship, A Panel Discussion, 19 Touro L. Rev. 847 (2004).

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Calm in the Storm

Family Law Specialist Andy Cook Offers Stability, Reliability and Perseverance to Those During Life’s Emotional Events

JOURNAL

FEATURED SOLO PRACTITIONER OF THE MONTH

2014

by Jennifer Hadley

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sk anyone who has gone through a divorce or custody battle and he or she will almost unanimously agree that it proved to be one of the most emotionally distressing periods of their lives. In order to help those during trying times, Andy Cook, who has practiced family law for about 20 years, views his role as a family law specialist in a simple light. “I’m not flashy. I provide durable and dependable representation,” he says.

“I only practice family law. I represent both men and women. These individuals are going through a divorce, dealing with modification of the support and/or custody terms of a previously granted divorce, or going through a paternity case.”

Cook says. “Divorce and custody battles are some of the most anxiety producing events in a person’s life. I’m here to help reduce the anxiety by explaining the process, advising my client and getting the matter over as quickly as possible without sacrificing too much. Whether that’s through settlement or trial, of course, depends upon the circumstances,” he adds.

Strong Supporting Foundation Cook’s career prior to opening the doors of his solo practice in 1995, was in a far different field. Beginning in 1980 while attending the University of Vermont, Cook began a career in radio broadcasting. Though he didn’t know it at the time, the experience would serve him incredibly well in the future as an attorney. “My radio career wasn’t for naught. I have a good speaking voice. It gave me experience performing under pressure, including writing succinctly and getting to the point as quickly as possible. I also have a good idea of what the audience- now judge- needs to hear and doesn’t need to hear. I am prepared, so when it’s show time, there are no big surprises,” he reflects.

Cook was dissatisfied with his career in radio broadcasting and by 1990 decided to change course. “The fact that I would be dealing with very smart people was what drew me to the law,” he says candidly. He was accepted to California Western School of Law and drove cross-country from New Jersey (with all of his possessions in a Honda) having never before stepped foot in San Diego. “I was 27 when I started law school which was actually, I think, the average age for entering students at Cal. Western. But I might as well have been on social security.

I was very age conscious, and I felt an enormous amount of pressure,” he says.

However, that pressure translated into extraordinary success and results. Cook became an honors instructor for first year law students. He was member of the Traynor Moot Court Team, which shared first place for brief writing and took second place in oral arguments, out of 18 teams. He was selected as only one of two students who were chosen from a pool of 25 to participate in the National Moot Court Competition. Cook was also listed in Who’s Who Among Students in American Universities and Colleges. After an internship and clerking positions, including one in the Civil Division at the San Diego City Attorney’s office, Cook took his first job working in insurance defense.

When he decided to branch out on his own and start his own firm, his insurance defense work proved a valuable background.

“I initially opened a civil litigation practice. Family law was going to be one of many areas in which I practiced,” he says.

“It falls under the same general guidelines, rules and procedures as civil law,” he adds. However, his family law practice took off much quicker than other areas of law. “Family law cases arise with more frequency than other civil matters. This made it easier for me to get more family law cases in the early days,” he explains. Moreover, “I saw that it was going to be a lot easier to have a thriving practice if I focused on one area. I wanted people to know exactly what I did,” Cook says. With that, he focused his sights exclusively on family law and set about to become a true specialist in the field.

Secure in Specialization From 1995-2001 Cook built his Family Law Practice from the ground up, with a few guiding principles and daily disciplines.

“I do what I say I am going to do. I return calls. I listen to my clients. They often feel like no one listens to them. I listen closely before I explain anything,” he says.

Continuing, Cook explains that specific disciplines have proven helpful to remaining ahead of the curve in his career. “I have subscribed to the Los Angeles Daily Journal for 19 years. I am up to date on developments in the legal community ranging from discipline to judicial profiles to published cases. I also make it a habit to go online every day and read the unpublished cases. You can’t cite them, of course, but I want to know what is going on,” he says. “I also make it a point to go to the State Bar’s Annual Meeting every year, regardless of location. It is a Attorney Journal | Volume 127, 2014

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“I don’t give up.

I think my perseverance, consistency and hard work are my hallmark characteristics.”

way to meet other people and learn more, both substantively and about the practice of law,” he adds.

Additionally, Cook says, “I place a premium on doing points and authorities, and doing a really good job of quickly explaining the situation in an easy to read fashion. And although I know how to settle a case (and most of my cases do settle), I know when to fight. And when I fight, I will not back down regardless of the difficulty, anxiety or pain that might entail,” he says.

But for Cook, the biggest game-changer in his career occurred when he received a flyer advertising the course that many people take to prepare for the family law specialist exam.

“My wife encouraged me to take the exam,” he recalls. He passed the exam and was subsequently certified as a family law specialist by the State Bar of California, Board of Legal Specialization in 2002.

The certification certainly helped Cook to earn the respect of colleagues and clients, but his commitment to delving even further into his area of specialty caused judges to take notice.

Beginning in 2007, Cook began serving as a temporary judge in the Family Support Division of the San Diego County Superior Court. To date, he’s served in the role more than 35 times. In 2010, an advertisement in the Los Angeles Daily Journal offered training for temporary judges in all aspects of family law. “In San Diego, temporary judges only serve in child support aspects. In Los Angeles, temporary judges handle all aspects of family law,” he says.

Cook began serving as a temporary judge in Los Angeles County Superior Court including branches in downtown, Burbank, Compton, Long Beach, Norwalk, Pomona, San Pedro, Santa Monica and Torrance. To date he has served in the role more than 30 times. “It makes me feel good,” Cook says. “It’s the largest court system, in the country. I flashback to that show ‘Dragnet’ when I pull up to the Stanley Mosk Courthouse,” he says with a chuckle. “Plus, it’s much easier to be the judge in a courtroom. All of the support staff is there to help you. As an attorney sometimes it feels like everyone is against you. It’s been an interesting experience.”

Of course, as an attorney, Cook has earned his stripes ten10

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fold. He represented the winning spouse in the published appeals case Marriage of Stanton (2010) 190 Cal.App.4th 547 [holding that housing benefits for members of the military constitute “income” for purposes of calculating child and spousal support].

Cook’s eagerness and willingness to participate in his field is frankly incomparable. “Who else in San Diego County besides me would get up at 4:30 in the morning to volunteer as a family law judge in Los Angeles?” But for Cook, the extra effort is just part of what makes him a true specialist, and perhaps more importantly, he enjoys it. “I spend my spare time studying law.

It is my passion. And I really like educating younger lawyers,” he says.

His commitment to learning as much as he can, and sharing that knowledge with others has been documented time and again. He has spoken for the National Business Institute on multiple occasions, on topics including “Complex Divorce Issues for the California Paralegal” and “Handling California Divorce Cases from Start to Finish.” He has served as panelist for Half Moon Seminars on the issue of “Handling Military Issues in Family Law.” Cook was the co-presenter of the case law and statutory update at the 28th annual Winter Seminar sponsored by the Certified Family Law Specialists of the San Diego County Bar Association. He has also been a guest speaker for California Western School of Law’s elective course on starting a family law practice. Cook also counts memberships in the Consumer Attorneys of San Diego, the Tom Homann LGBT Law Association and the Lawyers Club. And recently, he began serving the legal community even more through his election to the San Diego County Bar Association Board of Directors.

Dedication to the Discipline Since 1994, Cook has been active in the SDCBA. As a former co-chair of its Young and New Lawyers section, he is a member of its Family Law, Carmel Valley and Civil Litigation sections.

He is also a member of its Ethnic Relations and Diversity, Fee Arbitration, Appellate Court and Bar History Committees. He has served as a fee dispute arbitrator for the Association since

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2000. Now, he adds his appointment to the Board of Directors to that involvement.

“I don’t give up,” Cook says. “I think my perseverance, consistency and hard work are my hallmark characteristics.

When I was elected to the SDCBA Board of Directors last fall, it was on my fifth try. Who else in the history of the Bar, going back to 1899, has done that?” He continues, “But involvement in the legal community outside of working hours is essential, because other lawyers are usually going to be your best source of referrals. As a solo practice, the number of attorneys you meet may be limited. You need to meet other attorneys just to learn what to do, and what not to do,” he says.

Clearly, Cook’s dedication, discipline and reliability have resulted in admirable consistency. “I have run my own practice for 19 years. It has always been my practice. There is no revolving

door of different partners. I’ve even had the same landlord the entire time,” he says with a chuckle. Yet it is precisely this consistency that has served to enhance his reputation as a solid, reliable attorney for individuals going through an extremely difficult time. “I have no intention of changing course. Why would I? I like what I do,” he says. n Contact: Andy Cook Law Offices of Andy Cook www.divorcesd.com acookjd@earthlink.net 619.515.9900 1901 First Avenue, San Diego, CA 92101 Attorney Journal | Volume 127, 2014

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COMMUNITY news nAnnette Monagas-Symon and Stephanie Sy have recently formed USA Immigration Legal Group, LLP. The firm is committed to providing clients with experienced legal advice and personalized, culturally-sensitive service throughout the immigration process.

Founding partners MonagasSymon and Sy bring a unique blend STEPHANIE SY & of legal expertise, business acumen ANNETTE MONAGAS-SYMON and cultural knowledge to each case they handle. Ms. Monagas-Symon is a fluent Spanish speaker, and possesses an understanding of Latino cultures, having lived in Puerto Rico and Spain for most of her childhood and teenage years.

The duo’s personal experiences with immigration matters span more than 20 years and multiple perspectives. Although they possess a variety of legal expertise, choose to devote their practice to Immigration Law to ensure clients receive exceptional guidance amid the changing legal landscape and immigration issues. Their combined understanding of Hispanic, Filipino, and Chinese cultures keep them attuned to the client, and able to anticipate difficulties clients may face. Services include, but are not limited to: Immigrant Visas, Consular Processing, Deportation Defense, Adjustment of Status, Non-Immigrant Visas, and Corporate Compliance.

THOMAS BALESTRERI, JR.

JOSEPH POTOCKI

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nThomas Balestreri, Jr., Joseph Potocki and Karen Holmes of the law firm of Balestreri Potocki & Holmes have been selected to the 2014 Southern California Super Lawyers list in the field of construction litigation.

Balestreri has dedicated most of his 32 plus years in practice to the representation of developers, property owners and general contractors in litigation, negotiations and risk management. He has received numerous professional awards and honors including Top San Diego Lawyers and Super Lawyers for the last several years.

Potocki’s practice concentrates on litigation, transactional matters and construction contract drafting and negotiation. His professional awards and honors include the Top 25 Attorneys in Construction and Real Estate Law, San Diego Daily Transcript, and Super Lawyers.

Attorney Journal | Volume 127, 2014

KAREN HOLMES

Holmes is a successful litigator and trial attorney specializing in professional liability defense and civil litigation. She handles contract review and negotiation as we as the defense of construction delay, extras and defect claims on behalf of architects, engineers and contractors. She is the recipient of many professional awards and honors including being named a San Diego Super Lawyer since 2007.

nFish & Richardson IP litigator Juanita Brooks was recently named “Litigator of the Year” by The American Lawyer. Brooks was singled out as “Litigator of the Year” for being “a titan of the patent bar” who “has been lead counsel in more than 13 patent trials” over the past two years.

According to American Lawyer, Brooks was selected for her impressive JUANITA BROOKS wins including victories for Fresenius USA “knocking out the remnants of a $150 million infringement verdict won” and fending off “generic challenges to Lumigan®, Allergan Inc.’s $300 million per year glaucoma drug.” American Lawyer noted that the Federal Circuit panel in the Allergan case wrote that Brooks “eviscerated an opposing expert witness’s credibility on cross-examination.”

In total, Brooks won five cases (three trials and two Federal Circuit affirmances) — worth billions of dollars — for Allergan that protected markets for their Lumigan®, Combigan®, and Latisse® drugs. She had two big patent wins for Cephalon involving its cancer drug Fentora®, protecting over $1 billion in both cases. Brooks also scored a major jury verdict for Apple against Multimedia Patent Trust, which had claimed patent infringement against Apple’s iPod, iPad, iPhone, and MacBook and asked for $172.3 million. nBest Best & Krieger LLP has promoted T. Brooke Miller to partner.

Miller is a member of the firm’s municipal law and special districts practice groups who serves as an assistant city attorney of Santee and as general counsel of the Ramona Municipal Water District. She regularly advises clients on a broad range of governance issues, including T. BROOKE MILLER the Brown Act, the Public Records Act, the Political Reform Act and other government ethics laws. She joined BB&K in 2005, and received her law degree that same year from the University of Notre Dame.

COMMUNITY news nFisher & Phillips LLP has announced that James C. Fessenden and Megan C. Winter have been elected to partner in the San Diego office.

Fessenden represents public and private employers in all aspects of employment law in both state and federal courts, and before administrative and governmental JAMES C. FESSENDEN agencies. Fessenden has argued before the California Court of Appeal and numerous trial courts and administrative agencies. He has been a part of several arbitration and trial teams and recently served as second chair in a jury trial resulting in a complete defense verdict. Fessenden also regularly defends clients in investigations by a variety of federal, MEGAN C. WINTER state, and local agencies. He devotes a significant portion of his practice to counseling clients and developing measures to prevent litigation and governmental investigations.

Winter handles administrative and civil employment matters before state and federal courts and government agencies. Her practice involves representation of employers in a variety of matters including harassment and discrimination litigation, wage and hour class actions, and family and medical leave law.

Winter also assists employers in developing workplace policies and procedures, and she regularly advises employers regarding day-to-day employment issues and ways to avoid employment claims and litigation. Winter also teaches an employment law class at San Diego State’s College of Extended Studies. nAttorneys Michael L. Kirby, David J. Noonan, James R. Lance and Charles T. Hoge from Kirby Noonan Lance & Hoge, LLP were recently selected to the 2014 Southern California Super Lawyers list. Noonan was also selected to the 2014 Top 50: San Diego Super Lawyers.

“Southern California Super Lawyers, Business L i t i g a t i o n” : Michael L. Kirby, David J. Noonan, HOGE, KIRBY, NOONAN, LANCE James R. Lance and Charles T. Hoge were all recognized for their work in business litigation, which includes commercial law and contract disputes.

“2014 Top 50: San Diego Super Lawyers”: David J. Noonan was named to the Top 50 list of lawyers in San Diego.

nHiggs Fletcher & Mack, San Diego’s oldest law firm kicked-off its 2014 “7,500 Hour Volunteer Challenge” campaign on January 28, 2014 at USO San Diego’s downtown facility.

More than 20 firm participants turned out to serve dinner to more than 200 service members as well as present a $1,000 check to the non-profit organization.

“Supporting our military men and women and their families is extremely important to us,” said Christina Bobb, attorney at Higgs Fletcher & Mack and past service member. “As a firm with a number of former military personnel, we understand the sacrifices they make day in and day out.”

The USO provides support services, as well as a “home away from home,” for all members of the U.S. Armed Forces and their families. As part of Higgs Fletcher & Mack’s “7,500 Hour Volunteer Challenge,” over 140 firm employees will be donating their time throughout the year to serve the San Diego community; the firm will also provide monetary contributions to a number of non-profits where they volunteer time. The campaign is in conjunction with the firm’s 75th anniversary. n Seltzer Caplan McMahon Vitek is pleased to announce that Michael Lees has been named a shareholder of the firm. Lees joined the firm as an associate in 2005.

Lees’ practice focuses on real estate and business transactions, taxation and health care law. He advises individuals and businesses in MICHAEL LEES corporate and transactional matters, and represents both buyers and sellers in acquisitions and divestitures of businesses, real estate and capital assets. Lees also prepares and negotiates formation and operative documents for corporations, partnerships and limited liability companies, including complex joint ventures and investment funds.

Lees received his J.D. from the University of San Diego School of Law and his LL.M. in taxation, with distinction, from Georgetown University Law Center. He also holds an undergraduate degree in business administration with a double major in accounting and finance from the University of Arizona.

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Attorney Journal | Volume 127, 2014

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ATTORNEY

OF THE MONTH

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2014

EQUAL ACCESS

TO JUSTICE Harmeyer Law Group Focuses on Good Cases That Fall Through The Cracks

by Jennifer Hadley

“Many good cases can get priced out of the system through the cost of litigation. Efficient and effective small firm representation, through contingency or hybrid attorney retention, provides access to justice for more people and businesses,” says Jeff Harmeyer, Founder of Harmeyer Law Group, APC. With more than 24 years as a trial attorney, Harmeyer has tried cases to verdict in the County Superior Courts of San Diego, Orange, Los Angeles, Riverside, San Mateo, Sacramento and Mendocino, in areas of law including commercial contract disputes, business litigation, products liability and general civil litigation. Moreover, with multiple published decisions- particularly in the Fourth District Court of Appeal- Harmeyer Law Group’s resume matches that of some of the largest law firms in San Diego. Yet Jeff Harmeyer’s practice is a small firm, by design.

“As a practicing attorney, it became clear to me years ago that both large companies and individuals often have strong cases but do not litigate because the dispute becomes inefficient.

Consider that in small claims court, you can represent yourself in cases up to $5,000. Anything over that, you really need a lawyer. As a result many businesses and individuals think they cannot efficiently litigate smaller disputes, even if they are worth several hundred thousand dollars. They walk away from good claims because they think the attorney will get more than they will recover, so it’s not worth it,” Harmeyer says.

This might be true at large firms because “they are naturally more restricted in compensation packages, relying heavily on the billable hour,” says Harmeyer. “However, at Harmeyer Law Group, “We put our fee on the line, assuring the client of positive recovery, even in a smaller financial dispute. We’ve become creative at attorney compensation. We’ve developed contingency, hybrid contingency and contingent hourly

compensation agreements in order to provide access to justice for our clients. So, if a client comes to us with a $100K case for example, and we can guarantee they won’t spend more than $50K, the case then becomes worth pursuing,” Harmeyer explains.

Access To Advocacy Harmeyer knows a great deal about why big firms can’t always efficiently litigate smaller cases because he spent many years in large firms. After earning his J.D. in 1990 from the University of San Diego School of Law, Harmeyer went to work immediately for McInnis, Fitzgerald, Rees, Sharkey & McIntyre, where he cut his teeth as a young attorney under the guidance of Gary Bailey. “Gary Bailey was a great teacher of trial practice. He knew how to simplify things. He’d say things like ‘If you can get the other side to argue what you think is important, you’re going to win. If the other side gets you to argue what they think is important, you’re going to lose.’ Gary was not afraid of anyone. He taught me to be fearless,” Harmeyer recalls fondly.

Harmeyer also spent an additional 4 years at Higgs, Fletcher & Mack before opening his own firm in 1998.

Deciding to open his own firm came about for several reasons. First was his own recognition of what he had to offer as an attorney. “I recognized that justice is more than just a word. In criminal law, it means getting the bad guy behind bars. In civil litigation, it is the assertion of financial rights.

Criminal law need not worry about access to justice, civil law must. We expand civil justice by providing greater access to assert financial rights,” he says. Secondly, Harmeyer identified a largely untapped market share. “I saw who was not being serviced. I figured if I could service them, I could have a thriving business,” he says. Moreover, as a small firm, Harmeyer

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To put it another way; Harmeyer has no desire to focus exclusively on one area of law. “We’ve never labeled ourselves as doing a certain ‘type’ of litigation. Many attorneys believe you must be an expert in a legal area to be good at it. But reading one or two of the most prominent cases in a given legal area can get you up to speed. Litigation procedure is the same for all civil matters, and juries don’t know wrongful death from warranty law when they walk in the courtroom. They care about the case, and how the law applies to that case,” Harmeyer says. “Besides, doing new things is fun. We’ve tried and won product liability, insurance bad faith, wrongful death, personal injury, contract disputes and general business litigation,” he adds.

But make no mistake, Harmeyer’s track record proves that he’s not just having fun without providing expert advocacy.

He’s been rated AV Preeminent since 2010, named a San Diego Super Lawyer for the past two years, has been on San Diego Magazine’s Top Lawyers List every year since 2010, and has been named one of the Best Lawyers in San Diego by San Diego Metropolitan Magazine. He’s also been recognized as an Honored Member is Sutton Who’s Who In American Law, and an Honored Member of Strathmore’s Who’s Who World Wide.

Harmeyer Law Group, Adam Parry, Jeff Harmeyer and Lisa Vargas.

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saw that he would have far fewer conflicts of interest to review before deciding to take a particular case.

With his big firm experience, Harmeyer set about to create a firm that would enable him to work on cases of all sizes. “Our clients range from multinational corporations to individuals.

Our niche is any individual or corporation that recognizes the value of small firm dedication. We deliver a powerful punch that doesn’t break the bank. Efficient litigation gives the client more options. Business litigation (if not civil litigation in general) is always a function of cost. The greater the cost, the fewer the options. Efficient litigation allows greater access, rather than only the biggest cases, or deepest pockets getting justice,” he explains. To that end, Harmeyer is also committed to being where his clients need him to be. “We have tried cases from Ukiah to El Centro and most places in between,” he says.

It was also important to Harmeyer to remain open to a variety of areas of law rather than specializing in just one field.

“The law is the fabric of our society. It mixes business with philosophy, art with logic, morality with wisdom. There is no profession more interesting, and perhaps none more difficult to master. I was drawn to the law because it’s never boring. There is always something new to learn,” he says.

Bauman Photographers

Full-Suite Services Harmeyer Law Group’s track record in successful verdicts is also evidence of the strength of the firm’s full-service practice.

“We take a very personal interest in the success of the cases we handle whether we represent an individual or a corporation.

We handle cases from beginning to end. From the filing of the complaint, to resolution on appeal if necessary and everything in between. Not all cases go to trial, but we are capable of providing excellent legal services at every stage of litigation, including appeal. Our cases don’t get passed off to others; we handle them ourselves,” Harmeyer says. “We bring an outstanding combination of high quality writing skills and experienced trial lawyer oral presentation.”

Furthermore, “We are a firm that won’t stop just because the law does not appear to be on our side. We operate with the motto that ‘It is not so important what the law is, as what it should be.’ If the law doesn’t make sense, we do what we can to change it. We’ve changed the law because we haven’t accepted inequitable precedent,” he continues.

Examples of Harmeyer Law Group’s track record of success in appeals can be seen in Jeld-Wen v. Superior Court (2005) 131 Cal.App.4th 853, where Harmeyer’s efforts changed the law

to exclude evidence of negligent entrustment when respondeat superior is admitted. Similarly, “in Jeld-Wen v. Superior Court (2007) 246 Cal.App.4th 536, we stopped the abusive practice of courts forcing cases to costly private mediation over the objection of the parties,” he explains.

As part of Harmeyer Law Group’s commitment to providing a full suite of legal services, and equal access for all to justice, the firm is continuing to move towards plaintiff’s representation on a contingency basis, particularly in cases of insurance bad faith, personal injury and business disputes. “Plaintiff contingency cases allow you to help those who would otherwise be priced out of the legal system. Representing individual plaintiffs against those better financially situated gives you much more satisfaction when you win. It means so much to your clients, and they really appreciate your efforts. It’s David versus Goliath, and it’s just more fun when David wins,” Harmeyer says with a smile. Continuing he adds, “We like to win, because it’s fun, but you don’t win without hard work and preparation. We get the job done, and do it right,” he says.

Firm Foundation: Focus on Family When it comes to the “we” at Harmeyer Law Group, the firm’s Attorney Journal | Volume 127, 2014

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Contact: Jeff G. Harmeyer Harmeyer Law Group, APC www.harm-law.com harmeyer@harm-law.com (619) 231-9800 110 West A Street, Suite 950 San Diego, CA 92101

EXPERIENCE Bauman Photographers

Midwestern born and raised founder is quick to point out that his colleagues have become like family, due in part to their longevity with the firm. “My associate Adam Parry has spent his career here. An absolute rising star. He is an excellent writer. Good legal writing is like serving a good meal. It must be substantively correct, and it must be easily digestible. He just gets it,” Harmeyer says. Similarly, he refers to Lisa Vargas, his office administrator and paralegal as “the best in San Diego, and probably the best in Southern California. I first met her when I was just a new lawyer at McInnis, and I sought her out when I opened my firm. I’m very proud of both of them, and proud that I found and have been able to keep really exceptional people,” Harmeyer says.

He is also quick to point out that his family serves as a huge inspiration. “When it comes down to it, no matter what you do as a profession, it’s never as important as your family,” Harmeyer says. “I grew up in a small town of fewer than 1000 people in southeastern Iowa. I wasn’t born with a silver spoon, but I had hardworking parents who instilled a strong sense of ethics,” he says.

Harmeyer is devoted to instilling those same ethics in his own children, with his wife Marilynne Leadon, an Administrative Hearing Officer. “I met my wife at the University of San Diego School of Law in 1988. We have two wonderful daughters, Katie and Jenna. Both are honor students and 3 sport varsity athletes. Katie is now a freshman at UCLA and Jenna a junior at La Jolla High School. We couldn’t be more proud of them,” he says.

As far as the future of Harmeyer Law Group is concerned, Harmeyer plans to continue to put his heart and soul into each case, regardless of the size of the case. “When we find someone who was been wronged, we find a way to get them what they deserve within the justice system. We do not shy away from a good fight, but with us it will be on an intellectual plane, and firmly bounded by ethics. We are confident in our ability to figure out the law, and apply it to the facts. If the law doesn’t make sense we work to change it,” he says. As such “we will grow as fast or as slow as we need to. We don’t want to be big, but we do want to remain very capable of handling multiple cases with professional expertise,” he says. n

» EDUCATION / ASSOCIATIONS • Iowa State University of Science and Technology, B.S. 1982 • University of San Diego School of Law, J.D. 1990 • State Bar of California • American Bar Association • San Diego County Bar Association • Association of Business Trial Lawyers • Associated General Contractors, Affiliate Member • DRI – The Voice of the Defense Bar

» RECOGNITIONS • Martindale-Hubbell Peer Review Rating: AV Preeminent. Highest possible rating in both legal ability and ethical standards. 2010-2014 • Recognized as Honored Member in Sutton Who’s Who in American Law. • Recognized as “Best Lawyers in San Diego” by San Diego Metropolitan Magazine, March 2012 • Recognized on the “Top Lawyers List” by San Diego Magazine, 2010-2014 • Recognized by Thomson Reuters as ”San Diego Super Lawyer” in 2013, 2014.

• Recognized as Honored Member of Strathmore’s Who’s Who Worldwide

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Areas of Expertise Business/Commercial • Class Action Complex Litigation • Construction Employment/Wage and Hour Insurance Coverage/Bad Faith • Intellectual Property Legal Malpractice • Medical Malpractice Personal Injury • Probate Real Property/CEQA/Land Use • Wrongful Death

Past President: San Diego County Bar Association 2014 President of the San Diego Chapter of the American Board of Trial Avocates (ABOTA) Listed in The Best Lawyers In America, Super Lawyers and Top Attorneys 26 Years of Experience as a Mediator and Arbitrator 34 Years of Extensive Civil Litigation Experience Representing Plaintiffs and Defendants

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Consulting vs. Contracting

by Mike O’Horo Mike O’Horo is a serial innovator in the law business. His current venture, RainmakerVT, is the world’s first just-in-time interactive virtual rainmaking training that not only teaches lawyers how to earn high-value clients, but also enables them to gain far more practical experience in the virtual world than is available to them in the real world. For 20 years, Mike has been known by lawyers everywhere as The Coach. He trained more than 7000 of them, generating $1.5 billion in new business. Mike can be reached at mikeohoro@rainmakervt.com

Are you a consultant, or a contractor? Does it matter? Only if you care about things like pricing power, access, credibility, differentiation, and value.

To keep lawyers focused on the business problems that drive demand for legal service (which is where the most desirable clients want you focused), I encourage them to think of themselves not as lawyers, but as management consultants with technical knowledge of the law. This is in contrast to being perceived as contractors, which is to their detriment. While there are as many opinions as people, I’ll define each this way: • A contractor acts as a temporary employee, performing defined tasks to help complete part of a larger project. He or she is told what tasks to perform and when they must be completed.

• A consultant is brought in when the client has an urgent need and isn’t able to take care of it or doesn’t know how to-and doesn’t have time to figure it out, or the inclination to do so. The consultant analyzes the problem and defines solution options, often using methods or tools that the client hasn’t thought of, hasn’t the knowledge to use, or isn’t aware of. The consultant is self-directed and does whatever it takes to deliver a solution that best meets the client’s needs.

Which description characterizes your practice? Do you simply offer your time and skill to complete piece-work, or do you market solutions to problems that count? This is important because, generally, a consultant earns higher fees than a contractor. Of course, this depends on factors such as demand, skill and the client’s need, but it’s true more often than not.

A contractor bills for time spent performing tasks. Invoices are a simple accounting of the number of hours worked, multiplied by the hourly rate. They’re usually paid solely for their direct contributions as practitioners, which excludes getting paid for managing the work of multiple contractors. Contractors usually work under direct supervision, and usually don’t obtain their own work.

Contractors are perceived as fungible, and often find themselves 22

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in competitive bid situations with a price-sensitive buyer.

A consultant most often bills by the project, charging for discrete phases. In collaboration with the client she: • defines the problem more usefully and completely • specifies the desired outcomes and deliverables • defines solution options and the implications and cost of each • recommends the optimal solution given the client’s business environment, market considerations, financial constraints, resources, and internal politics--and the consultant’s broad experience with a broad array of similar or analogous companies and circumstances • facilitates a decision • puts together a project plan and budget • designs and implements the solution chosen by the client • integrates and collaborates with client personnel performing associated work Consultants are responsible for drumming up their own work, through a combination of networking, marketing, and sales. A wise consultant sets pricing based on the operational, economic and emotional value of the solution and the demand for it, not simply the time it takes to deliver it. Consultants increase their effective hourly rate by working smarter, faster and more efficiently. Many clients like this approach because they can predict project cost, and they know there’s no incentive for the consultant to drag out the work.

Some lawyers reading this may bristle a bit because the contractor definition strikes too close to home. It’s not that if you bill by the hour and perform pre-defined tasks that you’re a contractor. It’s if you do that with too high a percentage of your work.

There’s nothing wrong with being a contractor, per se. To maximize profit, though, you’ve got to organize your operations to standardize, normalize and otherwise enable economies of scale. Few lawyers know how to do that or are inclined to submit to the required discipline. n

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Value of Variety

by Karen Gorden

“If you scratch a lawyer, you’re very likely to find a personal affinity for the creative arts beneath. This shouldn’t be surprising, considering that the practice of law and ADR demands creativity in artfully and persuasively marshalling facts with legal principles. But this also makes the process nuanced and very personal. Getting things right and getting them done requires a keen interpretation of the varying personalities that each brings and tailoring the resolution accordingly,” says Merv Thompson, founder of the Law Office of M.R. Thompson. For Thompson, a mediator and arbitrator who is also a member of the American Board of Trial Advocates (ABOTA), and Special Master to the Superior Court for complex litigation, it is precisely this approach that he seeks to bring to each case within the specialty areas of his ADR practice. These include construction defect, tort, contract and generalized disputes, which are suitable for disposition at arbitration or mediation.

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DIVERSITY AS A WAY OF LIFE Thompson’s life has been one filled with variety to say the least. As a young child, he and his family were interned by the Japanese in the Santo Tomas Prison Camp in Manila during WWII. Fortunately, the family was repatriated before the end of WWII and ultimately settled in Oregon.

However, Thompson’s experience with war was not over.

He joined the Navy and served in the Vietnam War before ultimately attending USD School of Law on the G.I. Bill.

“After I graduated from USD Law, I was fortunate to serve as the first Law and Motions Clerk for the Superior Court, North County, under Judge Fio Lopardo. His mentorship was largely responsible for me launching into Civil Practice,” Thompson recalls.

For Thompson, launching into law meant joining Higgs, Fletcher & Mack in 1974, and by 1979, he’d become

Merv Thompson puts his four decades of experience to greater use by expanding into additional alternative dispute resolution practice areas and venues. partner. During his career at Higgs, he’d amassed a wealth of experience in diverse areas including personal injury, construction injury, construction defect, geotechnical litigation and environmental law. He was also exposed to alternative dispute resolutions. “Aside from my trial practice, my experience at Higgs exposed me to years of settlement conferences, mediations and arbitrations within these same practice areas,” Thompson says.

By 1991 however, Thompson was ready for a career course change and left the firm to found the Law Office of M.R. Thompson. He soon found himself in what he fondly refers to as a “fortuitous accident.” Thompson explains, “When I left to establish my own practice, there was a coincidence of need for mediators in construction defect cases which had flooded the court system. I began receiving direct referrals to assist in resolving these, facilitated by the fact that I no longer had conflicts of interest with institutional clients. In this way, ADR quickly overtook my other areas of practice.”

ECLECTIC EXPERIENCE Thompson’s transition into ADR was a natural fit. “Trial experience permits me to evaluate risk and communicate a fact-based approach to dispute resolution. Mediations are expedited by preparation ahead of time,” he says. “They have to be better, faster and cheaper than a trial,” he adds. To Thompson that means that he reviews briefs, and whenever agreed to by the parties, initiates personal contact to help set the mediation stage before the scheduled date. “In complex cases involving numerous parties and claims mediated, factfinding sessions are frequently necessary before the negotiation stage to gauge the relative levels of risk amongst the various parties,” he explains. “And risk avoidance is the name of the game,” he adds.

By 1993, mediations were the dominant portion of his business. “At that time there were probably no more than three or four mediators active in the construction defect area of concentration, resulting in a very crowded calendar and expansion from San Diego County into Los Angeles and Orange County,” Thompson recalls.

Moreover, the fact that there were so many cases, and so few experts in the field, afforded Thompson the opportunity to participate in a variety of fascinating developments. “In the early days of construction defect, many of the terms of existing Case Management Orders were still in a state of change. I was fortunate in having the opportunity to assist in drafting and fine tuning many of the terms that are now

used, and I helped introduce such orders to other venues for implementation,” Thompson says.

But Thompson wasn’t serving exclusively as Special Master/ mediator for construction defect cases. As Special Master to the coordinated breast implant cases in California, he assisted the Coordination Judge formulating uniform discovery, hearing motions and reviewing medical records in individual cases headed for trial. His range of experience has also extended to such diverse areas as polybutelene-plumbing, needle stick, personal injury, contract and insurance coverage matters.

VARIETY: THE SPICE OF LIFE Yet Thompson, who has mediated and arbitrated case resolution totaling hundreds of millions of dollars in settlement, is still eager to diversify his ADR practice by leaving space for personal injury, contract and coverage matters, and contractual matters to compliment construction defect. He also sees a growing need for arbitrations and experienced arbitrators, given the number of contractual provisions that mandate the process.

His experience as arbitrator has recently expanded to include Arizona as a new venue, complimenting his California practice.

“As an experienced arbitrator, I always welcome the challenges of working with new law and different counsel that a multistate experience brings,” he says.

Indeed for Thompson, nothing intrigues him more than the opportunity to diversify his work. It certainly doesn’t hurt that the emerging areas happen to coincide with his diverse experience. “I have such a long history in personal injury, complex litigation and construction defect that I welcome these types of cases. Also, my interest in travelling is such that I gladly do not pass on this expense to my clients,” he says. This would, of course, include additional expansion into Northern California and his “home” state of Oregon as near future objective in his ADR sights. n Contact: Merv Thompson Law Office of M.R. Thompson mrt@mediatorthompson.com www.mediatorthompson.com (619) 231-6844 550 West C Street Suite 1830 San Diego CA 92101

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rising

To The Challenge Beneath Ruth Ryan-Cruz’s Friendly Disposition Lies a Fierce Representative

by Karen Gorden

“I have been fortunate to have amazing mentors, leaders and relationships throughout my life. Learning from a diverse group of professionals has allowed me to absorb valuable techniques allowing me to provide fierce advocacy,” says Ruth Ryan-Cruz, associate with Kehr Law Firm. For Ryan-Cruz, whose clients run the spectrum of individuals to families and entrepreneurs to small to medium sized companies; the foundation for her fierce advocacy can be traced to her natural born problem solving skills, her focus on relationship building, her real world experience as a business owner and her love of the law.

Problem Solving Skills & Business Savvy “Ever since I was a kid I remember being the one student in class who kids turned to for bringing resolution to disputes and general issues. In the fourth grade I resolved playground disputes-settling who played with the limited number of dodge ball courts and who took turns with the tether ball court so that all kids could enjoy their recess. I can’t remember any teacher or student assigning me the role. More than anything I wanted to reach compromises to end the nonsensical arguments and to have more time to play,” Ryan-Cruz recalls, with a laugh.

By high-school, Ryan-Cruz was using her problem-solving skills to provide solutions for more than just her peers. “During high school, I became a self-taught web developer during the time when Windows ’95 was the new operating system, AOL was the prime internet service provider and web development required a lot of HTML coding,” she says. Admitting to countless sleepless nights, Ryan-Cruz says “I turned web development into my first small business. I developed sites for local business owners such as insurance agents, hair salons, meat markets, etc. I learned to work with business owners and learned about their concerns, their budgets, their priorities, their roles in the community and their legal affairs. More than anything I learned the important skill of being a counselor and advising people based on what’s important to them as business owners.”

Ryan-Cruz’s experience as a business owner, and in working with fellow business owners, led her to pursue a degree in Business Administration with an Emphasis in High Technology Management. That was until she took a Business Law class “for fun,” she recalls. That course would change her career dreams completely. “I became so fascinated with this course that I steered my career in a new direction. It was a life-changing course,” she adds.

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Love of the Law However, Ryan-Cruz wanted to be sure that working with a law firm would suit her. After all, she’d run her own business, had become a young manager of an amusement park which required her to work with executive-level management both domestically and internationally, and she’d worked in the commercial lines department of an insurance company. So to be sure she was on the right track, “I went and confirmed that practicing law was an environment fit for me by working as a legal assistant and law clerk in Orange County and San Diego County,” she says. “The more involved I became with client files, the more I became eager to learn about the law. I couldn’t wait to go to law school and become an advocate for people and businesses in need of legal representation against injustices or serious difficulties. I had seen many injustices among business owners at a local level, and couldn’t wait to assist them or others in similar positions,” she adds.

That experience sealed the deal for Ryan-Cruz. Within a few years, she had turned her law school internship into an associate role, and was offered a position at Kehr Law firm after graduating from California Western School of Law. “I credit Dan Kehr for shaping me as the successful attorney I am evolving into. He took me under his wing and provided me with plenty of lessons, tips, advice and general mentoring in the practice of law,” she says. Moreover, she says, “senior attorneys within the firm have been great at sharing their experiences and knowledge.”

Focus on Family & Relationships Similarly, Ryan-Cruz received a great deal of support from her family. “I have been fortunate enough to receive help every step of the way and I want to pay that forward,” she says. In addition to the mentorship she has received at her firm, Ryan-Cruz says “I am motivated when I think of my family. My family has overcome adversity after adversity and they inspire me. They have motivated me every step of the way in my journey to where I am today.” She is also quick to point out that out that her husband Matthew Ryan “is a great career coach who has been at my side counseling me along since my college days,” she says. “We take what I call ‘power walks’ where we go on long walks to motivate each other to excel in careers,” she adds.

Ryan-Cruz works hard at building similar relationships with her clients. “I follow the golden rule we all learn in elementary

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school; treat others the way you want to be treated. In following this rule, I perform my work with a great amount of responsibility, dependability and honesty. It is exactly how I would expect my attorney to practice law and as such, I keep these important traits in mind as I work and strategize,” Ryan-Cruz says.

To that end, “I do not take shortcuts to reach positive resolutions. I want to tackle my clients’ legal matters, but the key to doing that is building relationships. Relationships with my clients and in the community is what drives my practice.

I take the role of ‘legal counselor’ very seriously. Knowing even a little bit about the client as an individual, I am better prepared to handle the legal task at hand and offer personalized solutions. These solutions should fit the client’s needs and goals that much better,” she explains.

Planning for a Positive Future “The opportunities are limitless, and as an associate in a growing firm, I am excited for the next five years,” says RyanCruz. “Every case usually has a new fact, a new twist or a new factor requiring research, which is another opportunity to grow professionally. Our firm is staffed with a set of young, yet experienced attorneys who are very open to forward thinking legal strategies. We share the same mission in our legal practice, which is to deliver sound, efficient, cost-effective and powerful representation with every matter, whether large or small for the benefit of the client,” Ryan-Cruz says.

In addition to her practice in business and corporate law, intellectual property, estate planning and real estate, Ryan-Cruz is “looking forward to the process of developing some of the firm’s growing practices including its Outside General Counsel Program

which represents existing and growing local companies with an array of business, employment and related matters,” she explains.

Although Ryan-Cruz may be the proverbial “new-kid-onthe-block” in terms of years of practicing law, her experience in business and her ability to build relationships makes her wise beyond her practice years. “As a former business owner, I now apply my experiences towards working with local entrepreneurs and companies as their business attorney,” she says. Likewise, Ryan-Cruz is more than savvy when it comes to networking and building relationships. “I talk to everyone I come across because I never know when it can turn into a client or a wonderful resource. I also share my knowledge through publications both local and nationally, both offline and online.

It’s great to be able to tell a client or resource to check out an article I’ve written,” she adds.

It’s clear that for Ruth Ryan-Cruz, the future is frankly brimming over with opportunity, and she couldn’t be more excited about her career. “Every single case that comes across my desk adds to my personal knowledge bank and allows me to be a better attorney than before.” n Contact: Ruth Ryan-Cruz Kehr Law, APC ruth@kehrlaw.com www.kehrlaw.com 619-436-5500 550 West C Street, Suite 1150 San Diego, CA 92101

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Lives Out of Control

=

Ethics Violation #1

Lessons Learned from Folks in Control of Their Lives

by Nancy Byerly Jones The vast majority of grievances and malpractice claims filed against attorneys are not caused by mean-spirited attorneys wanting to cause their clients harm. Rather, they are generated by professionals (attorneys and staff) who’ve allowed their offices, work and lives to become unprofessionally disorganized, overloaded and chronically chaotic.

A TRUE PROFESSIONAL? Put in simpler terms, these “professionals” have lost control of their lives — or know they are about to do so! Surviving yet another day of chaos becomes the accepted norm to their brutally exhausting lifestyles. Sadly, there are still some lawyers and legal assistants who claim we aren’t REAL professionals unless we are acting in this manner — YIKES!! How wrong they are! Real professionals have the courage to face and make any changes needed and the wisdom to avoid the chaos and “costs” of an out of control life and work style.

Ethics Storm Warning!

It may not be written in our Rules of Professional Conduct, but allowing our lives to continue spinning out of control exposes us to every ethical violation possible. Would you like to have an attorney or their staff members working on YOUR case when they can’t even manage their own lives wisely?

Out of control attorneys and staff members say they have no time to brainstorm on how to change things much less to make needed changes. Bottom line — they suffer, everyone around them suffers and no doubt their clients suffer great paredness in the courtroom, sloppy documentation, careless clerical errors, blatant oversights, missed deadlines, and so on! And, in my opinion it is unethical to hold our shingles out as attorneys without having our “houses” in order. When we’re in it up to our eyeballs and if and when things start getting out of hand again, it our DUTY to stop the whirlwind and make whatever changes are required in order for us to regain control — it’s that simple! Not easy I know, but simple. Maintaining control should be our #1 polar star when it

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comes to actually being (vs. merely claiming to be) ethical players within our legal system.

RESOURCES UNLIMITED There are countless resources in today’s world to help us turn around and enhance our personal and professional lives. Also, it helps tremendously to share the journey with a partner, coworker or friend. Take advantage of the guidance and coaching of the right mentor for you and/or seek whatever professional help is appropriate.

Spend the time searching for the resources and “coaches” that are right for you and quit putting off getting started. Do it now! The future is not ours to claim — this moment is! Being in control of our lives in a smart and healthy manner is the insurance that helps ensure the best quality of our life here on earth. And, taking control over our personal and professional lives truly is the cheapest insurance around! By doing so, we will: benefit each and every day; all of our relationships in and out of the office will be healthier and more enjoyable; and our clients will be far better served (ethically and otherwise).

Below is a partial listing of ways to take control shared by genuinely contented attorneys and staff with whom I’ve worked.

They maintain (or have reclaimed!) control over their work and lives. They are far more productive in eight hours than their spinning-out-of-control coworkers are in sixteen. Many of these people’s lives were once dangerously out of control. Some suffered from depression, substance abuse or worse. All, however, found their way back and the solutions they learned were pretty simple.

What was and is difficult is making the decision that enough is enough; sticking with our “clean-up our lives” goals; and standing steadfast when the discomforts of change try to blow us back to our old (costly and destructive!) habits and systems.

Again, the lists shared below are intended merely as a starting point. Hopefully, they will help you identify areas in and out of your office that need priority attention, a little adjustment or perhaps a major “remodeling” effort on your part.

Take Control of Technology • Embrace it, don’t fear it. Learn at least one new technology skill each month.

• Practice thoughtful email etiquette and know the hazards and limits of email.

• Safeguard confidentiality in cyberspace (including Twitter, Facebook, etc.). Have strong, state-of-the-art policies that you actually monitor and mandate when it comes to emails, internet use, social media, etc.

• Backup daily, keep backups in a fireproof, safe, off-site location and ensure that the restorability of your

backups is checked often!

• Use case management software.

If you’re using Saas (software as a service or “cloud”), make sure you’ve checked that the provider is competent.

• Maximize the value of your voicemail greetings and messages.

Ask callers to define their “emergencies” in detail, state when you will return calls and thank them for calling.

• Make your website/blogs of value to visitors instead of just serving as an electronic business card.

And, if you’re not going to ensure

they are kept updated on a fairly regular basis, take them offline (old, neglected, incomplete websites send out the wrong messages to visitors about your attention to detail, conscientiousness , tech savy, etc..... in other words , a website waaaaay overdue for a facelift/update can do you more harm than good) • Take at least a one-day vacation each week from technology — no news, no e-mail, no texting, no tweeting, no voice mails, etc! After your initial withdrawal symptoms dissipate, you will love your newfound, temporary freedom.

Supervising Staff

Working for Attorneys

• Offer frequent constructive feedback and show appreciation publicly for jobs well done and criticize privately.

• Beware of working just for a paycheck ... love what you do (most days that is!) or don’t do it!

• Go the distance in implementing changes needed (i.e. stick to ensuring changes happen when promised).

• If you must talk about other employees behind their backs...make it positive! Otherwise, just SHUT UP! • Provide adequate, timely and appropriate training.

• Teach or bring in trainers/mediators to help improve conflict resolution skills and offer effective communication workshops — set a good example yourself!

• Encourage all employees to live balanced lives.

• Keep employees informed of office events ... beat the gossip grapevine ... always!

• Do not tolerate or allow anyone (no matter how senior or great their skills may be) to be an office bully (e.g. bad language, verbal violence, intimidation, harassment, unfair expectations)

• Avoid high schoolish gossip, cliques, etc. This includes listening to gossip — the act of listening = participation!

See my blog post entitled “Workplace Gripes? Quite Complaining,Start Resolving!” lawbusinesstips.com/ category/conflict-resolution/workplace • Dress professionally not for the cocktail hour.

• Voice your office concerns in writing including at least two possible solutions.

• Keep improving your skills, growing professionally … always!

• Promptly squash bad attitude moments and make timely attitude adjustments.

• Help others without being asked and without expecting credit.

• Don’t be an office bully or allow anyone to bully you!

• Enthusiastically assume new job responsibilities.

• Share your career goals with supervisor(s) and if they aren’t interested when you do, heed that between the lines message!

• Each quarter (at a minimum), brainstorm some ways your firm could save money, be more efficient, reduce stress, make clients happier — in other words, act/think beyond your job description — this is what true professionals do!

Attorney Journal | Volume 127, 2014

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Smart Health Choices • Exercise daily in ways that are enjoyable and safe for you. Learn how to deep breathe correctly and do it often. For a quickie starter lesson in deep breathing listen to my audio at lawbusinesstips.com/resources/quick-audoworkshops/

A Few Characteristics of Successful Firms (Big or Small) • Leadership agrees on the firm’s objectives and all employees are timely and fully informed as well.

• A simple, but detailed action plan exists to help guide, monitor and keep the firm on course in reaching its goals.

• Eat smart; stop when no longer hungry (vs. when you’re stuffed) — how many of us do this often enough?

• Budgets are made, understood , monitored and followed.

• Take time to nurture your spiritual side.

• Leadership recognizes that successful firm promotion includes more than traditional, external marketing efforts. All employees understand their ongoing roles in marketing the firm via excellent client communications and work product.

• Keep a top-ten “fun couple activities” list for you and your significant other and/or your entire family.

• Reassess your personal and professional priorities often.

• Make an action plan (goals, what needs to be done by whom) for the top five or more personal and professional goals.

• Simplify all aspects of your life! Knowing how to be still or just be is an undervalued and priceless treasure.

• Count your blessings daily instead of focusing on what you don’t have or can’t do.

• Live in the “now”— instead of the past or future.

• Employees are valued and they know it (no office bullying is tolerated — ever!).

• The firm seeks clients’ feedback regarding the quality and timeliness of services provided, client ideas for improving or adding new practice areas and more.

• Leaders set good examples of respecting one another, strong and consistent leadership skills and the wisdom to resolve any and all disputes promptly.

• Timely and adequate training provided along with all the necessary “tools” to get the job done (in addition to practice area workshops, employees are taught how to communicate more effectively, stress management and team playing skills).

• Reviews are conducted frequently — not just annually or worse, more infrequently.

• Any changes needed are faced squarely and implemented in a decisive and timely manner — not merely talked about.

RECOMMENDED NON-LEGAL READING FOR ATTORNEYS & STAFF • For animal lovers — Marley & Me: Life and Love With the World’s Worst Dog by John Grogan • Who Will Cry When you Die? Life by Robin Sharma • Horse Sense for People by Monty Roberts • The Book of Agreement (2nd Edition) by Stewart Levine • Spiritual/inspirational books including ones on living in the moment (e.g. Eckhart Tolle’s books) • Humorous stories, movies, whatever ! ormer practicing lawyer Nancy Byerly Jones serves as a solutions consultant/coach for attorneys and staff a law office management F advisor and as a family and workplace disputes mediator. She speaks and writes nationally on these subjects and is a regular column contributor to Lawyers USA (which also published portions of this article) and NC Lawyers Weekly in a new column titled “Tried & Proven”.

For more information, please visit her website at www.lawbusinesstips.com , email nbj@nbjconsulting.com or call 828-260-5115.

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Attorney Journal | Volume 127, 2014

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