contra costa lawyer, july 2012

Contra Costa

Lawyer Volume 25, Number 4 | July 2012

Technology & Law Practice ManagementFrom Office Systems to Marketing Everything Solos and Small Firms Need to Run an Effective Practice

JULY 20122

Neither UBS Financial Services Inc. nor any of its employees provide legal or tax advice. You should consult with your personal legal or tax advisor regarding your personal circumstances. UBS Financial Services Inc. is a subsidiary of UBS AG. ©2012 UBS Financial Services Inc. All rights reserved. Member SIPC . 6.00_Ad_BW_7.1875x9.625_KW0214_NovP

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Contra Costa

LawyerVolume 25 Number 4 | July 2012

B A R A S S O C I A T I O N

The official publication of the

features

start here: From Office Systems to Marketing

Contributors: Kristen Bargmeyer, George s. Cabot, Gary vadim dubrovsky, aaron feldman, matthew m. hart, andrew lloyd, Jane louie, luis m. montes, spojmie nasiri, ivette m. santaella, steven thompson

maJor trends in urBan & suBurBan law firm offiCe spaCe desiGnby Jeffrey s. weil

6

26

The Contra Costa Lawyer (ISSN 1063-4444) is published 12 times a year - 6 times online-only - by the Contra Costa County Bar Association (CCCBA), 704 Main Street, Martinez, CA 94553. Annual subscription of $25 is included in the membership dues. Second-class postage paid at Martinez, CA. POSTMASTER: send address change to the Contra Costa Lawyer, 704 Main Street, Martinez, CA 94553.The Lawyer welcomes and encourages articles and letters from read-ers. Please send them to: Kerstin Firmin at [email protected] CCCBA reserves the right to edit articles and letters sent in for publication. All editorial material, including editorial comment, appearing herein represents the views of the respective authors and does not necessarily carry the endorsement of the CCCBA or the Board of Directors. Likewise, the publication of any advertisement is not to be construed as an endorsement of the product or service offered unless it is specifically stated in the ad that there is such approval or endorsement.

Richard AlexanderPhilip AndersenAmanda Bevins

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CCCBa eXeCUTIVe DIreCTOr Lisa Reep | 925.288.2555 | [email protected] main office 925.686.6900 | www.cccba.org

2012 BOarD Of DIreCTOrS

Elva HardingJanet HolmesRashmi Nijagal Alan RamosDana SantosJames Wu

EDITOR Dana Santos

925.901.0185

CO-EDITORNicole Mills 925.351.3171

BOARD LIAISON Candice Stoddard

925.942.5100

COURT LIAISON Kiri Torre

925.957.5607

PRINTING Steven's Printing

925.681.1774

PHOTOGRAPHER Moya Fotografx

510.847.8523

EDITORIAL BOARD Mark Ericsson 925.930.6000Matthew Guichard 925.459.8440Patricia Kelly 925.258.9300Craig Nevin 925.930.6016David Pearson 925.287.0051Stephen Steinberg 925.385.0644Marlene Weinstein 925.942.5100James Wu 925.658.0300

COnTra COSTa Lawyer

Jennifer Comages Membership Coordinator

Emily Day Systems Administrator and Fee Arbitration Coordinator

Kerstin Firmin Communications

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Barbara Tillson LRIS Coordinator

Audrey Gee Jay Chafetz

Stephen SteinbergCandice Stoddard

Kathy Schofield

PresidentPresident-ElectSecretaryTreasurerEx Officio

how and whY You should BeCome Your marKetby austin holian

20

on the Cover:David S. Pearson, guest-editor of

this month’s Contra Costa Lawyer

JULY 20126

George s. Cabot practices with PremierCounsel LLP in San Francisco and Lafayette after having practiced with Morgan Miller Blair in Walnut Creek for over 17 years. George has practiced transactional business law for over 25 years and is recognized by the State Bar of California Board of Legal Specialization as a Certified Specialist in Taxation.

spojmie nasiri is the principal attorney at the Law Office of Spojmie Nasiri, which practices immigration law exclusively. Her many pro bono and volunteer activities include the Immigration Law Clinic at the University of California, Davis, the Immigrants’ Rights Clinic at Stanford University, the Afghan Coalition in Fremont, as well as the Lawyers in the Library program for the Contra Costa and Alameda County Bar Associations.

matthew m. hart is a solo practitioner with offices in Antioch and Walnut Creek. He focuses on Estate Planning, Trust Administration, Probate and Business Formation.

aaron feldman is a graduate of UC Santa Barbara and Southwestern University law school. He has been practicing law in the Bay Area for 25 years, primarily as a solo. His practice emphasizes Special Needs Planning and Probate/Trust matters. His office is in Lafayette, CA.

luis m. montes is the principle of the Law Offices of Luis M. Mon-tes, you are invited to call at 510 . 749 . 1036 or email at [email protected] with questions, comments or recommendations.

Dubrovsky Law is a boutique law firm in San Francisco, California, that offers innovative solutions to complex fam-

ily law matters. Established by Gary vadim dubrovsky as a result of his passion for advocacy, Dubrovsky Law guides in-

dividuals through various issues, including divorce, annulment, separation, property division, child custody, visitation, move-aways and alimony/spousal and child support.

Kristen Bargmeyer is a bankruptcy attorney whose practice, Barg-meyer Law, is devoted to the representation of individual and small business debtors in Chapter 7 and Chapter 13 bankruptcies and in set-tlement negotiations and voluntary workouts.

steven thompson and andrew lloyd are the co-founders of Liti-gation Media Group, LLC, a legal visual presentation and trial tech-nology consultancy firm, located in Walnut Creek and San Jose. For additional information, please call 408-884-4900 or visit their website at www.litigationmedia.com.

ivette m. santaella’s practice includes Estate Planning, Family Law and Elder Law. She has been licensed in California for 24 years. Her Estate Planning practice includes preparing wills, trusts, health direc-tives, Durable Power of Attorney, etc.

Jane louie is an Insurance and Financial Services Broker, and a Certi-fied Family Business Specialist of MassMutual Financial Group, a For-tune 500, 160 year old, insurance and financial services company. You can reach Jane at [email protected]

Contributors

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Choice of Entitypage 9

START HEREFrom Office Systems to Marketing -

Everything a Solo or Small Firm Needs to Know to

Run an Effective Practice.

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6

7 8

1

3

5

Office Systemspage 11

Getting Paidpage 15

Screening Clientspage 9

2

Law Office Softwarepage 13

Credit Cardspage 17

109

Legal Researchpage 18

Storytelling & the New Media Jury

page 28

Social Media Marketingpage 29

Insurancepage 32


by George Cabot

the selection of the form of entity under which to prac-tice law is different depend-ing on whether the lawyer is

a solo practitioner or in partnership with other lawyers. In California, a solo lawyer can practice as sole proprietorship (i.e., no entity), or a corporation, while groups of two or more lawyers can form a partner-ship (preferably the limited liability partnership (LLP)) or a professional corporation. Lawyers cannot form limited liability companies by vir-tue of the prohibition now codified in Section 17375 of the Corporations Code.

solo praCtitioners

For solo practitioners, the choice is between ‘sole proprietorship’ and corporation. A solo attorney cannot form an LLP because by definition a partnership must have at least two partners. The liability profile of a solo attorney varies significantly depending on whether the attorney employs associate attorneys.

If the lawyer is truly “solo”, i.e., does not employ any associates, the corporate form offers little liability protection, because the lawyer will always be personally liable for his own Errors and Omissions (E&O) and will almost certainly have to personally guarantee major con-tracts, such as bank loans and leas-es. However, a corporation may of-fer liability protection against other types of liability, such as trade debt. Thus, the true “solo” attorney will not achieve significant liability pro-tection by forming a corporation, making the sole proprietorship a reasonable alternative.

If the solo attorney employs as-sociates, a corporation should be formed to limit the attorney’s li-ability for E&O of associates. How-ever, the protection is far from bul-

let proof - the attorney could still be liable for the E&O of associates on a theory of negligent supervision.

partnerships

For partnerships, i.e., law firms with more than one owner, the choice is between the LLP and the profes-sional corporation. The LLP is a special form of general partnership available to attorneys, accountants, architects, engineers and land sur-veyors. Partners in an LLP are en-titled to the same type of limited liability protection enjoyed by cor-porate shareholders.

A professional corporation is a corporation which meets addition-al requirements specified in the Moscone-Knox Professional Cor-poration Act (Section 13400 et seq. of the Corporations Code) and the Business & Professions Code. How-ever, to achieve this protection, the owners of both LLPs and law corpo-rations must maintain malpractice insurance or other forms of security against E&O claims.

The choice between the LLP and the professional corporation (and between C corporations and S cor-porations) comes down to various tax and other considerations. Once the corporation offered better tax treatment of fringe benefits and qualified plans over other enti-ties, but tax law has evolved to the point where there are few differ-ences. Both are subject to an $800/year “minimum franchise tax”, al-though the corporation may also be subject to California income tax, with the amount varying depend-ing upon whether it is classified as a C corporation or an S corporation for income tax purposes. As a gen-eral rule, the LLP provides the best of both worlds, providing the same liability protection as a corporation, but better tax treatment and a legal framework better suited to the law firm dynamic. The employment sta-tus of partners is an important prac-tical consideration. The owners of a law corporation are classified as em-ployees for payroll tax and other tax

purposes, whereas partners in an LLP are classified as self-employed persons. Among other things, this means that the firm will not be re-sponsible for income tax withhold-ing or payroll tax on the partner’s compensation. Instead, the LLP partner will be responsible for pay-ing his/her own self-employment tax and making quarterly estimated tax payments against his/her in-come tax liability. •

by Spojmie Nasiri

whether you are a sea-soned attorney or new to the legal pro-fession, you can never

be too careful in creating a system-atic approach to screening clients. Establishing and implementing an effective client screening system can significantly reduce the risk of a grievance or malpractice claim. Failure to screen clients appropri-ately is a common factor in malprac-tice claims, a very distressing expe-rience for any attorney, particularly a new practitioner. One of the most effective ways to screen clients is to be an active and effective listener. The following is a list of some of the issues to keep in mind before agree-ing to represent a new client.

Clients who Cannot afford to paY for Your leGal serviCes

At one time or another in their ca-reers, all practitioners will consider taking on a client who may or may not be able to afford legal services. Some practitioners think it is better to get paid something, rather than not take a case at all. As tempting as this may be, I would advise cau-tion when considering represent-ing clients who cannot afford your legal services from the onset. Dur-ing the initial consultation, one of

Screening Clients

2

Choice of entity 1

JULY 20128

sCreeninG Clients,cont. from page 9

the issues you should discuss with potential clients is their ability to pay for legal services. The client has a right to understand the financial obligations involved in legal rep-resentation and you have a right to know if the potential client has the ability or inclination to pay for your legal services. If a potential cli-ent does not have the means to af-ford your legal services, you have some choices: you can (a) refer them to the local bar association, where they may be able to find legal ser-vice providers on a sliding scale, (b) take the case on a limited scope ba-sis, thereby providing discrete legal services that the client can afford to pay on an item by item basis, (c) take the case on its merits, knowing you might not be fully paid, or (d) refuse the case, as collecting the fees will be time- consuming and difficult, if not impossible.

potential Clients who are Close friends or relatives

Although friends and relatives can be a good source for referrals, espe-cially new attorneys establishing their practices, there are a few nu-ances to keep in mind. When the po-tential client is a close friend or fam-ily member, as attorneys, we find it difficult to say no to them because we feel we owe it to them to assist with their legal matter. However, the risk in representing close friends and family members is that there is a tendency to take on legal matters which may be outside our normal scope of practice. Furthermore, it may be also difficult, if not impos-sible, to provide the client with impartial advice, as it is often prob-lematic for the attorney to maintain the necessary detachment. Lastly, due to the close connection, family and friends may not fully disclose personal information pertinent to their case.

Clients with unreason-aBle expeCtations or time frames

When screening the client, care-fully consider the client’s expecta-tions and your ability to reasonably fulfill their expectations given the facts of the case and the law. It is very challenging to satisfy a client with unrealistic expectations. In ad-dition, one should also avoid mak-ing statements that would cause a potential client to have unreason-able expectations. The time to deal with a potential client’s expectation is at the onset of legal representa-tion. Honestly assess the client’s le-gal matter and advice accordingly, even if there is a potential risk that your advice may lead the potential client to seek legal representation elsewhere.

Clients with leGal matters inappropriate for the size and sCope of Your law praCtiCe

As tempting as it may be to take ev-ery case that comes through your office, you can never be too careful in undertaking a matter that is be-yond your area of expertise or more complex than matters you are rea-sonably able to handle. When de-ciding whether to take a case, con-sider whether you have the skills, expertise and more importantly the time needed to devote to the mat-ter. If you decide to take on a case that is outside the realm of your normal everyday practice, be pre-pared to crack the books and seek advice from other attorneys who are more experienced in the area of law pertaining to the case. By plan-ning carefully, doing appropriate research, and seeking advice from other experienced attorneys, you can avoid malpractice claims and damage to your practice and repu-tation.

When turning down potential cli-ents, take the time to fully explain to them why you cannot represent them in their legal matters, but

don’t stop there. Take the extra step of referring the client to another at-torney who might be able to assist them or the Lawyer Referral Ser-vice of your local Bar Association. If the potential client cannot afford an attorney, the Lawyer Referral staff can offer self-help resources or refer the client to a free or reduced-cost community organization. From personal experience, when unable to take a client’s case for any rea-son, I have taken the time to make the client feel that while I was not able to handle the case personally, I still cared about their legal matter by taking the extra step of providing the client with other options for le-gal assistance.

Clients who want to ChanGe their Current lawYer

If in the course of your interview with the potential client, you de-termine that the prospective cli-ent has had problems with several other attorneys, it is a major indica-tor that you are likely to have prob-lems with this client in the course of your legal representation. It is best to avoid any problems by respect-fully declining legal representation.

As many experienced attorneys have told me, the single most im-portant factor to consider when screening clients is to “listen to your gut.” If, after utilizing an effective screening process which includes all of the above factors, your assess-ment of the potential client is not favorable, you should consider de-clining to represent the individual in their legal matter. It might just be a bad fit, but it might be something more. Avoid the temptation to take the case, despite having a bad feel-ing during your initial screening due to the need to work or because you feel compelled to help the in-dividual. By taking the time to spot some of the above-mentioned is-sues during your initial screen of potential clients, you can avoid po-tential grievances and malpractice claims. •


by Matthew M. Hart

Not considering your web-site, the first impression a client usually has is the call to the office. Some at-

torneys have tried to keep costs low by using a cell phone as their only phone. Because call clarity is para-mount when speaking with a client for the first time or any time, I rec-ommend a landline as your prima-ry number. If you want to be able to receive calls on your cell phone there are many ways to route the call, from simple call forwarding to more advanced options.

When ordering phone service, consider paying $15 to get a “pre-mium number”. By paying the one-time $15 charge, you will get an easy-to-remember number for your clients like 597-9999 or 754-2000.

When ordering service through

AT&T, subscribers can get Unified Messaging Fax Plus. This combines their voicemail with a dedicated fax number and integration with their AT&T cell phone. Paying $30 or $40 a month for a dedicated fax line is expensive for two faxes. With Uni-fied Messaging Fax Plus subscrib-ers have a dedicated fax number and faxes are received as PDFs via e-mail. This allows attorneys to file faxes with their electronic case file and eliminate paper. Of course they can always print the PDF if they need a hard copy. Additionally, a splitter can be used on a landline so that if something needs to be faxed, attorneys can use their landline and an all-in-one laser printer. The cost difference between regular voice mail and voice mail with fax is about $10 a month, which is cheap-er than a dedicated line yet retains the same flexibility as a dedicated line.

The other great feature with Uni-fied Messaging Fax Plus is integra-tion with a cell phone. By linking

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offiCe sYstems,cont. from page 11

an AT&T cell phone and AT&T Uni-fied Messaging the attorney has to deal with only one voicemail box. When people call the office, they hear the Law Office greeting and then leave a message. At that point the message light on the phone and the cell phone alerts to a message. The attorney can then check the voicemail using either a cell phone or landline. Similarly, when some-one sends a fax, an alert arrives on both the landline and cell phone. When people call the cell phone, on the other hand, they hear a person-al greeting but an alert goes to both places. This allows the attorney to deal with one voicemail box rather than two, which saves time. Final-ly, by upgrading to Unified Messag-ing Fax Plus, users get business class voicemail on their cell phone and landline, and with the extra storage, their messages don’t get deleted ear-ly like they do on most cell phones.

One of the temptations to save money is to use Voice Over IP. Gen-erally, when you use something like Comcast Business Class or AT&T U-Verse for voice you are not us-ing a traditional land line but all of your phone calls are going over your internet connection. The prob-lem can be that if your internet goes down you lose all internet types of communication such as email as well as your voice line. Even if you lose communications for only a few hours it can be the most critical few hours of your career. In my experi-ence, I have had 3 outages of my in-ternet over the last 4 years whereas I have never had a land line outage. Moreover, if there are issues with your business router (one of the out-ages I describe above) or a virus/worm outbreak on the internet your communications can be affected.

If you are a heavy cell phone user or you get poor cell reception in certain areas of your office, there is a great thing called a micro-cell tower that can boost your signal.

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by Aaron R. Feldman

unfortunately, law office software is too big a topic to cover comprehen-sively in a short article.

That written, I will do my best to give you some key tools for mak-ing good decisions about software for your practice. I have been prac-ticing law for (gulp!) nearly thirty years, most of it spent as a solo or in a small firm (5 or fewer attorneys). I have tried many products and con-tinue to search for something newer and better. We have come a long way from those early word proces-sors and DOS commands. The main thing I have learned over the years is that no software is ever going to do everything the way you want or think it should. All software comes with strengths and weaknesses. Ul-timately, lawyers must decide what works best for their practices.

The obvious starting point is to define what lawyers and law firms want from their software. What I am

always looking for is ease of instal-lation, use and reliability. The three categories of software I will focus on can be classified as billing software, case/practice management software and accounting software. The latest trends have been toward integra-tion and cloud-based software as a service (SaaS) models.

BillinG software

I often find myself teaming up with other solos in litigation. My biggest pet peeve with billing software is the limitation on users/licenses. If Ted is helping me with a case and I need the client to see Ted’s time, do I really need to pay for a user license if Ted never uses that software? Un-fortunately most time/billing soft-ware suffers from this limitation.

Easy Time Bill is the one product that does not restrict the number of timekeepers. It is affordable and very easy to use. While billing is its focus, it does offer practice manage-ment features, including calendar-ing, task assignment and conflicts check. Other billing software in-cludes TimeSlips, Tabs3 and Time Matters (Lexis), but these products will limit how you identify people working on a case. Most of these products allow you to enter time manually or to run a timer to track your time. Another now common feature allows for electronic deliv-ery to the client, which can save staff time, money and may even promote faster payments from our grateful clients.

There are also a number of cloud-based billing software options. Bill4Less is one billing-only cloud-based solution, but there are others. In addition, there are out-sourcing service solutions to have a third party prepare and transmit bills.

praCtiCe manaGement

Billing is great, but as lawyers we need more than just billing soft-ware. We need to track contacts, cas-es, calendars and tasks. Many prod-ucts integrate all of these features

All of the major cell companies offer them to their customers. You pay a one-time fee for the equipment and, once installed, you will have full cell connection within a 300 feet radius of your office with no loss of signal. The micro-cell is locked to the phone numbers you authorized to use it.

Regarding phone equipment, consider a two-line phone even if you are starting with one line. At some point you may have to install a second landline to be able to han-dle multiple calls and conference calls. If you plan on having staff in the near term consider the AT&T model 1070 business phone. It has a four-line capability and intercom features for up to 16 handsets. This allows for good expansion at a mod-est price.

Furniture is the next hurdle to opening an office. Tell everyone you know that you are looking for furniture. Sometimes you will get a lead on slightly used high quality furniture. Craigslist (www.craigslist.org) is a great place to find offices that are trying to liquidate their furniture. Look for the higher-end names such as Herman Miller and Steel Case etc. Try and stay away from cheaper generic office furni-ture from places like Staples and Office Depot. In a pinch the store brands will work but the qual-ity and longevity doesn’t match the name brands.

Copiers can function as your fax and computer printer. However, before signing a lease, really think about your needs. When every pen-ny counts as you start a law office, pricey leases can really put a strain on the budget. Conversely, even though the $99 inkjet printer that copies and faxes looks like a great bargain, you need to consider the quality of output and cost of con-sumables. Most companies will put the expected yield of ink/toner on their websites. Do some math and figure out your best option. If you need color, get an all-in-one that uses separate ink/toner cartridges

Law Office Software

4

for each of the colors. Finally, keep a spare toner on hand and be wary of re-fill services. One leaky cartridge can ruin your printer and your day.

Finally, postage meters are a com-mon sight in law offices. You can only rent, not buy, them. Services such as stamps.com have a month-ly fee. Instead of monthly fees buy packs of stamps at Costco (or simi-lar stores) and use a digital postal scale. Next to the scale keep a chart that tells you how many stamps to put on an envelope based on the weight. You can find such charts on the U.S. Postal Service website, at http://pe.usps.gov/text/dmm300/notice123.htm. If you mail a lot of items that go over 13 ounces then a postage meter may be your only option instead of going to the post office. •

JULY 201212

law offiCe software,cont. from page 13

that I can have “inactive” users that I will not be charged for if I want to show other attorneys on an invoice. Like all software products, they each have their strengths. Rocket Matter has taken a lead on document as-sembly whereas MyCase seems to be geared more toward client com-munication (enter an event and by clicking a box the client is automati-cally notified; click another box and they are notified that their at-tendance is required.). These cloud-based products also offer lawyers the holy grail of a paperless office. Documents can be uploaded and then accessed or shared with clients automatically. If one of these ser-vices sounds like it may be a good fit, many of the SaaS products offer a 30 day free trial.

Unfortunately there are too many products out there and not enough space here to discuss them all. Another hybrid product is Cre-denza which functions as an over-lay on top of Outlook and provides billing and case management func-tions. One neat feature is the ability to link contacts with your e-mails. Credenza will prompt you to bill if you send an email to a client con-tact that you have forgotten to bill. It also is a monthly fee-based ser-vice.

aCCountinG

A law office is a business. That’s just a fact of life. If you are going to run any business, then you must be able

with time and billing software.

The major products in this cat-egory are Lexis’ Practice Advantage, Abacus and Amicus Attorney. Lexis even enables a direct tie-in to its le-gal research software (for a price!). I have used both Practice Advantage and Abacus in the past. Both are easy to use and like most software have the potential to do more than we as mere lawyers can learn or in-tegrate into our daily practice. The question I am often left pondering is, am I paying for more than I can use? When I look at my overhead can I honestly say that this program or that is really money well spent? Be wary of any product or bundle that includes long-term contracts. Most of these products offer online demonstrations that will give you a chance to see how a product will work in your environment.

A relatively new type of product for attorneys to consider is SaaS (software as a service). The big 3 in this group seem to be Rocket Mat-ters, Clio and MyCase. What makes these products unique is that they are cloud-based and can be accessed from any computer, anywhere you have internet service, even from a tablet or smart phone. Each of these charge a monthly fee per user and the fees vary from Rocket Matter at the top down to MyCase as the least expensive. I have also been assured

to track your finances. I can remem-ber meeting with a client whose business was struggling (Ok, failing) and the client, while professing to be business savvy, knew nothing about QuickBooks. That explained everything.

While there are other products, QuickBooks dominates the field and is likely to be the product your CPA can most easily access for pre-paring your taxes. QuickBooks will run a variety of reports that will tell you instantly where you stand and how you compare to last year. What QuickBooks does not do well is offer detailed time billing for in-voicing clients. So you need both QuickBooks and a billing software program. QuickBooks also links with your bank account to easily reconcile your bank accounts.

ConClusion

Assessing the pros and cons of the myriad law office software avail-able out there is like taking a trip down a rabbit hole. There are a multitude of products from which to choose. The process of sifting through them is daunting, over-whelming and sometimes even exhilarating. It is hard not to be se-duced by features that seem great, but which you may ultimately never use. The key is to look around at the options and at the same time look at your practice and your over-head to determine what products are the best fit for your office. •

announcement - cccba (04-11-2011).doc

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* Adjunct Professor of Taxation of Mergers and Acquisitions, Golden Gate University School of Law, LL.M. Taxation Program

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ConservatorshipsYou handle the estate, we do the contest. Cases, except conservatorships, often handled on a contingent fee basis, but can be hourly. Referral fee where appropriate.

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by Luis M. Montes

lawyers, like most business people, often have difficulty getting paid for the profes-sional services they have

rendered. In theory, we have an ad-vantage in that the ability to hold funds in trust should ensure a 100% recovery of billing. The reality is different and sometimes alternative procedures must be used.

When considering an effective strategy to getting paid, we must consider three main elements: Stay-ing focused on our individual goals, communicating with the client, and following a standardized bill-ing procedure.

staYinG foCused

We must keep in mind that every one of us expended a formidable amount of time, effort and resourc-es to become an attorney. We have goals, many and varied, that are personally and professionally im-portant. If you doubt this, take a moment to write them down. Also, remember that you are worth your fee and deserve to get paid.

One of the most important initial steps to ensuring the recovery of our fees is to appropriately guide client expectations regarding fees and costs. As lawyers, we want to help

our clients. We want to solve their problems. It is easy to get caught up in the facts, but then overlook the important responsibility of setting client expectations at the very first meeting. Fees and costs should be discussed early.1 Moreover, the dis-cussion must then be followed in writing, communicating the details clearly and concisely.

CommuniCatinG with the Client

It is surprising how shy we at-torneys can be about asking for a healthy retainer. Don’t be afraid to request a reasonably large retainer for your service, appropriate to the scope of the work for which you are being retained. One recommenda-tion is to frame a picture that helps you focus on your goals (e.g., a new car or an overdue vacation) and hang it on the wall immediately above where your client sits. Before asking for the retainer, take a deep breath, glance at that picture, and ask. It makes it easier. This way, you accurately communicate to the cli-ent the possible scope of the litiga-tion expense, and at the same time appropriately visualize the value of your time to the client.

Trials, hearings and discovery are expensive tasks, quickly gen-erating high fees. Clients will only know how expensive these items are if the attorney has appropri-ately explained the time and costs involved. When possible and if ap-

propriate, make a list of the expens-es the client might incur during litigation, so that the client knows what to expect and is not caught off guard. Keep track of these expenses and communicate them to your cli-ent as soon as you know what these expenses are likely to be. Insist on receiving all anticipated trial (hear-ing) fees and disbursements 30 days in advance, to be held in trust. This is a tricky balancing act, as we need to protect the client and protect our business. However, failure to man-age these events can create upset for the client and risk payment for these services. Funds held in trust accounts (IOLTAs) get depleted quickly. Depletion should prompt a cover letter with the bill asking the client to replenish the retainer, or consider putting an evergreen retainer provision in your contract.. The communication should include a clear statement of the account bal-ance and amounts billed. Be firm and reasonable.

Keep your clients informed about their billing. Always send out monthly billings with few excep-tions.2 One is if you have a big win or loss - the best practice is to bill immediately. Further, clients tend to pay their accounts if they are fre-quent and smaller. Waiting too long to bill and having the client receive a big bill can result in client panic and confusion, which is not an ide-al situtation for the client or the at-torney.

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Getting Paid 5

JULY 201214

GettinG paid,cont. from page 15

Get the work done and get it billed! It’s easier to demand pay-ment when you have just accom-plished something tangible. It was suggested to me by a partner at a large Silicon Valley firm to send a bill whenever one accomplishes some significant or positive out-come for the client. It works, largely because the client is clear on the tangible result or task that has been accomplished. While many clients have no problem paying for value, it is difficult for anyone to pay for services they are unclear have been rendered.

Keep the client informed. Educate clients on how to get the most for their legal dollar. Give your clients an ongoing cost benefit analysis of their situation. If the client feels that the time they spend with you was time well spent, they are hap-pier, and happier clients are more likely to pay their bills.

standardize BillinG proCedures

Generally all law practice proce-dures should be standardized, but especially billing procedures. Draft an accounts receivable collection procedure to track your client bill-ables, with the goals of a) ensuring accurate billing, and b) of getting paid. The procedure should, at a minimum, be monthly. Allow time for you to personally call accounts that need attention; and allow you or your assistant to track each ac-count. The standardized billing pro-cedure must be scheduled, prefer-ably in your practice’s calendar.

For instance, every Tuesday you or your legal assistant should print off an accounts receivable listing. Keep it by your phone or readily accessible on your computer desk-top. When your client calls, look up their name on the listing and talk to them during that conversation about their account. On your law practice’s default calendar, mark off

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an hour every week to deal with your accounts receivable. Do not al-low anything to interfere with that hour. Invest that hour in yourself and stay focused on your goals. If you don’t value yourself enough to get paid, your clients won’t either. It is very easy to “bury your head in the sand” and blindly send out your bills to clients wishing the bills will be paid. Experience shows other-wise, call the client.

Getting paid for the practice of law may be more challenging than oth-er businesses, thus we need to stay focused on our goals. Our clients are not open checkbooks - they need to be able to budget their litigation ex-penses, and we need to personally communicate with them so that the bills are paid in a timely manner. To accomplish these goals, we need to put in place the tried and true pro-cedures above to successfully man-age our client relationships and our cash flow. •

1 But not too early - In 1994 the State Bar of California conducted research on former family law clients. Some respondents felt that their lawyers mentioned fees too early in the process, leaving a perception that the lawyer’s priority was only to squeeze money.

2 Set a minimum monthly billing policy; e.g., always send a bill where billing exceeds $200.00.

List of links and resources, which you may use to expand the information in this article:

• Guerilla Tactics on Getting Paid - The Canadian Bar Association

http://www.cba.org/cba/practicelink/mf/PrintHtml.aspx?DocId=1838

• Schedule Your Routine to Be More Ef-ficient - allBusiness

http://www.allbusi-ness.com/sales/selling-techniques-strategic-selling/4019429-1.html#axzz1w8fLdz9n

• The top 10 things youo can do to avoid a legal malpractice claim - The Busy Law-yer’s Guide to Success

http://lawyersuccesstips.com/?p=457

by Gary Dubrovsky

having just decided to open a practice, where do you begin? “I guess I need one of those

credit card swipe machines … I think they use a phone line, so I need one of those. Maybe I can use the same line as my fax machine … Wouldn’t it be great to accept credit cards from clients ‘on the go,’ using my phone? Or maybe through my computer?” Meanwhile, in another part of the brain: “Client funds that I haven’t earned yet belong in an IOLTA. The State Bar people can walk through my doors at any mo-ment and demand to see my books … Can I even charge client retainers to credit cards?” This article will ad-dress these questions.

First, the mechanics. There are five players involved in every single credit card transaction: (1) the attor-ney, (2) the attorney’s bank, (3) the credit card processing company or merchant services company as they are sometimes called, (4) the cli-ent’s bank, and (5) the client. When you decide to accept payment from your clients via credit card, you are the merchant. As a lawyer, you’ve already set up two bank accounts, your business operating account; and your IOLTA. If not, do so imme-diately before you read any further.

Your client, on the other hand, has a bank that agreed to extend a certain amount of credit to her, and thus the bank is ready to give you that money should you ask for it. The way you ask for it is through a merchant services company – the middleman. As with every middle-man, this one wants a cut of the transaction. Ensuring these trans-actions don’t run afoul of the rules governing our profession will be your biggest hurdle.

You have several decisions to make here: (1) which company to use for merchant processing; (2)

Credit Cards 6which credit cards to accept; and (3) whether you will be accepting cred-it cards only for fees already earned or to fund deposits for advanced fees and advances on costs; in other words, will you be asking the mer-chant processor to handle money that belongs in your IOLTA or not?

Decision #3 is most crucial be-cause, if your answer is “yes,” you must ensure 100% of the amount you charge to your client’s credit card is deposited straight into your IOLTA, and your business operating account is used to pay any process-ing fees/charges to the merchant processing company. You do this by telling the merchant processor that you are an attorney and require a dual-account setup whereby all funds are deposited straight into your IOLTA and all fees/charges/etc. are taken out of your business operating account. Otherwise, you run afoul of rule 4-100 of the Rules of Professional Conduct.

Very few merchant processing companies offer the dual-account setup; “Intuit Payment Solutions” and “Merchant Warehouse” are two companies that will. I use Intuit be-cause they have competitive fees, no contracts, do not require you to buy or lease any equipment, and will even give you the latest version of QuickBooks as an added bonus. I did purchase a card swiper (about $40) that plugs into my computer via USB and is fully integrated with QuickBooks, allowing me to use one piece of software to manage my business finances, bill my clients, conduct credit card transactions, and manage my trust account.

And speaking of fees, you will see everyone advertising rates as low as 1.xx%. Don’t be fooled; you will end up paying much more than that. This has to do with what’s known in the industry as the “Three Tier System.” Transaction fees are based on the interchange rate, the type of credit card that’s being used, and whether the card is swiped or keyed-in at the time of the transac-tion.

JULY 201216

Credit Cards, cont. from page 17

by Kristen Bargmeyer

Are you looking for a good value in legal research? We all need information and for those of us watch-

ing our overhead, legal research da-tabases can be prohibitively expen-sive. Luckily, there are some legal research resources that can help a solo or small firm get the informa-tion they need for less.

My first and only virtual award goes to Google Scholar for most improved legal research. This is currently my favorite database be-cause it is free, easy to use, packed with data, and as convenient as your closest computer. The cases are up-to-date and the search en-gine is easy to use. Google Scholar has a “how cited” option that shows every case that cites the target case. Unlike the costly databases, Google

The interchange rate is the rate banks pay for moving money around; it is a constant for our pur-poses here. On top of that, the mer-chant processor will add its own markup which is highly variable and subject to negotiation. “Quali-fied” rates are charged for swiped cards that are basic, personal credit cards offering no points or cash-back incentives to the consumer; these have the lowest transaction fees (which are the ones being ad-vertised.) You will not find many of these cards being used in the real world. “Mid-Qualified” rates are charged for all keyed-in cards and cards that offer some sort of incen-tive to the consumer. And, finally, the highest rate is charged on “Non-Qualified” transactions, which are mostly business and government-issued cards. This is an over-simpli-fication of what is in reality a very complex, Byzantine fee structure that is not meant to be understood by anyone.

The bottom line is this: the trans-action fees you will pay for accept-ing credit cards from your clients are NOT the primary reason for choos-ing one merchant processor over another. Once you figure out which one is willing to set you up on the dual-account system I described above, your next worry is whether they will require you to sign a con-tract for a specific term, whether you will have to buy or lease any equip-ment, and whether they have any other fees or charges.

I no longer accept AMEX from my clients. The reason is the same one that makes it a great credit card from the consumer’s perspective: in the event of a disputed transac-tion, they stand by the consumer 100% without giving you an op-portunity to tell your version of the story or to produce a signed receipt. At least when it comes to attorney merchants, AMEX will not inquire into the validity of the transac-

tion. Instead, they automatically issue a chargeback, leaving you to deal with your client on your own. Meanwhile, you may have already done the work for the client and even paid some filing fees or hired experts. Additionally, they charge a 3.5% rate, which is one of the high-est.

What do I do to protect myself in case a client disputes a charge? If the client is in the office and hands me a credit card, I do a “swiped” transaction and print out a Quick-Books receipt which my client signs. Most often, though, my clients are not physically present in the office to hand me the card. In this case I have them complete a One-Time Credit Card Authorization form where they write in the amount they want me to charge, their name, credit card number, billing address, which is signed and dated. Most clients complete the form in their own handwriting, which I retain for my records. (Be advised that you as a merchant are under strict provi-sions regarding privacy and theft, so be sure to read each credit card com-pany’s merchant requirements for handling of credit cards, to ensure that you are compliant, and that ev-eryone in your office is compliant. If you wish to avoid some of the issues and requirements referenced in this article, you might consider wheth-er a service such as PayPal makes sense for your practice.)

A few clients are on a payment plan where they’ve agreed to allow me to charge their credit card a cer-tain amount of money on a particu-lar date every month. These clients complete a Recurring Credit Card Authorization form with all the same info as with the one-time au-thorization, plus the recurring term. It specifically references the origi-nal fee agreement, since it is essen-tially a modification of the original terms, and allows the client to write in the day (or days, if they want me to charge their card on two separate occasions every month). Intuit al-lows me to automate this process

via an online account including the transaction receipt which the sys-tem e-mails to me and to my client. The result is fewer things for me to do manually, the clients are billed on a more regular basis, and my accounts receivables remain low. Finally, everyone is happy. It’s a beautiful world. •

Legal research7

Guidelines for attorneYs

Do you have questions about cli-ent trust accounting? The State Bar of California offers guidelines on its website on proper account set-up and maintenance.

Visit www.calbar.ca.gov/Attorneys/MemberServices/IOLTA/Guidelines.aspx to learn more, or scan the QRcode below:


Scholar leaves the analysis to us and does not offer indicators like flags or symbols to indicate positive or neg-ative treatment in the citing case. Can you feel that renewed power of analysis? Maybe you should take a walk and cool down a little. In true Google form, there are add-ons and apps of varying costs that will help you with pin cites and writing memoranda and other important lawyerly things.

If you are looking for practice guides, treatises, or compiled legis-lative histories, the local law librar-ies will save you time and money.

They also often offer free access to the most used elements of Lexis or Westlaw (law journals, primary sources, and shepardizing/key cites.) Some of these aren’t in Contra Costa County but you can put the money saved towards your transport costs and a hearty meal.

Contra Costa law liBrarY

Free and open to the public. There are three locations, one of which is probably close to you: Martinez, Pittsburgh, and Richmond. Hours and information can be found at http://www.cccpllib.org/

uC BerKeleY law liBrarY

Free and open to the public. Most major databases are available on public computers in the law library, plus access to related databases from related areas, for example Haas’ business library.

JfK law liBrarY

$5.00 fee for daily use or you can get memberships by the semester or year. Great resources and con-venient for many. Member of the CCCBA Solo and Small Firm Section are allowed access to the JFK Law Library without cost. The library maintains a list of the members of the section for reference.

san franCisCo law liBrarY

Free and open to the public. A bit far away but if you have a presence in San Francisco they have a great pro-gram that is free for firms under 10 attorneys that includes free emailed documents from the library’s Hein Online database and librarian as-sistance researching challenging issues.

A full listing of Bay Area law librar-ies can be found at www.sflawlibrary.org/index.aspx?page=35Scan the QRcode to the right to visit the page.

Law libraries are worth the trip not only because they can save you money in resources but also be-cause, if you talk to the librarians, they can save you time. The librar-ians are smart and well-trained. They can often help you find thor-ough information on a topic much more quickly than you might on your own. •

JULY 201218

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Major Trends in Urban & Suburban Law Firm Office Space Design

by Jeffrey S. Weil

The law firm industry is currently undergoing a significant transfor-mation affecting both large and smaller firms, urban as well as sub-urban, that cuts across all subcat-egories of legal specialization. There are a number of issues simultane-ously impacting the legal industry ranging from increased cost effi-ciencies, major changes in technol-ogy, cultural differences between attorney age groups, as well as the globalization of industry and com-merce including law firms.

At the same time, there is a greater understanding by architects, design gurus, attorney administrators and partners on the importance of de-sign, layout, decor and functional-ity of the law firm office on recruit-

ment, attorney retention, client and staff satisfaction, competition within the same legal subsector and increased bottom-line profitability.

IMAGE, COLOR, MATERIALS, FInISHES

Heavy wood paneling, solid ma-hogany or oak furniture and dark interior motifs are being replaced by light, steel, glass, transparency, a high-tech feel and openness. While the dark wood of the past may have conveyed the somber, serious and traditional image to our parents and grandparents, today and to-morrow’s generations of clients and attorneys are definitely looking at the bright side of business and life. Workstations have a lower height to increase the open feeling, interior glass sidelights let the exterior natu-ral light into the working areas, and lighter, brighter tones dominate the law firm of the future. Transparen-cy, white or light colors, light pine,

smoked or clear interior glass all im-pact the overall image of the space. Greening, environmentally con-scious office furniture made of re-cycled materials or designed for re-cycling at the end of its life are also

of increased importance. The image the firm intends to convey plays an important part in designing the client areas such as reception and conference rooms. This is important throughout the law firm’s layout with regard to how it is viewed by staff and attorneys. For multi-loca-tional attorney firms, uniformity in design throughout their offices comes into question. Are the same carpet and workstation specifica-tions required for all offices or are there geographical or client factors involved which might dictate some degree of individuality?

First impressions are paramount, whether it be the class and loca-tion of the building, ease of parking or public transportation access, the lobby décor, main lobby signage, tenant floor identification, double-

door entry off the lobby versus an entryway down a multi-tenanted hallway, the reception area, station and receptionist all impact the vi-sual and emotional senses of clients and opposing attorneys alike.

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GEnERATIOnALDIFFEREnCES

Senior law partners now approach-ing their 50’s to 80’s (and higher) have an entirely different set of cultural parameters than the new-est generation of law school gradu-ates just entering the legal profes-sion. In-between are the attorneys in their 30’s and 40’s with yet again a different set of backgrounds and expectations. Generational and cul-tural changes are reflected in law office design and layout. Just as the traditional dark wood paneling is increasingly replaced by lighter tones, so do changes in technology and cultural attitudes affect the of-fice space. For instance, high legal assistant to attorney ratios are being supplanted by recognition of the tech-savvy generation who may find it quicker to prepare much of their paperwork themselves - paper-work formerly done by assistants. For those with young families, hav-ing a healthy work-life balance is

important, leading to smaller, more efficient office space and resulting in a lower cost of doing business.

FLExIBILITY In LAw FIRM OFFICE DESIGn

For the most part, law firms today are in a state of change. Larger firms consolidate, smaller firms merge, and attorneys leave larger firms to start their own practices. Changes in the economy also play a role, with specialty fields that were formerly lucrative such as those related to new residential development be-ing outpaced by specialties focused on legal aspects unheard of twenty years ago. How can a firm prepare for unforeseen growth or shrinkage, especially when due to the high cost of tenant improvements most landlords are requiring longer term leases in order to recoup their up-front investment?

Law firm space can be designed anticipating change from the onset, using separate pods with their own

entrance potential and life-safety and exit requirements. Integrated into the overall layout, such pods can be sublet or partially terminated in the event of downsizing without a major impact on the main space retained. For expansion potential, expansion options or first right of refusal or offers can be negotiated into the initial lease. Subletting to smaller law firms or individual at-torneys who are willing to pay for the benefit of sharing the reception-ist, use of the conference rooms, etc., may give the firm interim income and control over future expansion space.

SIzE OF ATTORnEY OFFICES

Traditional tiered office sizing, with senior partners in spacious corner view offices, mid-level attorneys in private offices ranging from 120 to 250 square feet, and associate at-torneys in smaller but still private offices have morphed into a variety

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JULY 201222

law offiCe desiGn,cont. from page 21

of new office sizes and configura-tions. Some law firms are opting for the ‘one size fits all’ concept with se-nior and junior partners and associ-ates all having the same size office. This allows for greater flexibility as lawyers move up in seniority, as major renovation of existing offices is reduced or eliminated. In general, and industry-wide, office sizes have shrunk significantly over the past two decades. Some firms are plac-ing new associates in workstations versus private offices, or converting a former partner corner office into an office shared by three associate attorneys who prefer collaboration with their fellow lawyers to the iso-lation of their own office.

There is an increase in collabora-tive space where teams of attorneys can congregate for the duration of a specific case or project and then dissipate into new collaboration groups for the next project. Infor-mal nooks where small groups of attorneys can meet to discuss com-mon clients or brainstorm can be facilitated using modern technol-ogy, including Wi-Fi and electron-

ic screens, so multiple people can view the same documents, all with-out the formality of utilizing a con-ference room.

SPACE METRICS

In general, with much variance de-pending on specific circumstances, corporate law firms, which used to average 850 ft2 per attorney, shrunk to 750 ft2 a few years ago, and can now measure 600 - 650 ft2 per attor-ney. Litigation practices might av-erage 750 ft2 per attorney, and heavy litigation with dedicated war rooms might top out at 1,000 ft2 per attor-ney. For every 8 to 10 partners, one 6 to 8 person meeting room might be a reasonable ratio.

The furniture manufacturer Knoll participated in a law firm retreat and found the following from its Employee Survey:

• where do you work? 48% of workers spend some time work-ing from home. 17% spend time working at clients locations. 19% spend time working in other loca-tions.

• where do you feel more pro-ductive: 67% feel most or some-

what productive working at home. 98% feel most productive at the office.

• when you collaborate with others, where do you meet? Private office: 39%; Conference room: 41%; Open shared space: 85%

COnFEREnCE ROOMS

Numerous factors, such as the size of the firm, the type of law practiced, the accessibility to conference fa-cilities within the building or office complex, and the culture of the firm, affect the number and size of confer-ence rooms, as well as the infrastruc-ture and layout design within each conference room. Image plays a key factor as well, with many medium and larger firms still placing one of their main conference rooms direct-ly off the lobby, often with interior glass to show off the exterior view. Larger firms may have a confer-ence room center where a number of conference rooms are clustered off the lobby, with adjacent coffee or lunchroom facilities and easy ac-cess to restrooms to avoid having to route visitors through the firm’s working areas.

In the past, it was common for se-nior attorney partners to have spa-cious private offices large enough for their own conference table and chairs. This is being replaced by a re-alization that nearby common con-ference rooms use space more ef-ficiently, resulting in less-spacious partner offices and bottom-line savings. Multi-national law firms or those catering to multi-national clients may opt for teleconferenc-ing facilities within one or more of their conference rooms. Strategi-cally placed cameras and large flat screens allow for real time video conferencing. New technology by Polycom and others allow almost any location to be used for telecon-ferencing, while Skype and similar applications make it affordable for firms of all sizes. Wireless capabil-ity and electric connectivity at the conference table are increasingly D

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important so participants can access iPads and laptops.

Conference room furniture has undergone significant transforma-tions. While the conference table of the past still exists, some firms have transitioned to smaller, portable ta-bles on wheels which can be set up for use as a conference or training room, to name just a few configura-tions.

LAw LIBRARIES

Once the hallmark of a law firm’s heritage, bookshelves with rows and rows of law text, regulations, interpretation and rulings used to line many hallways. Major firms had entire law libraries with thou-sands of square feet of bookshelves, law books dating back to the 1800s, and ample space for research. How-ever, over the past twenty years those symbols of firm stability have been almost entirely replaced by online resources. There is a growing realization that not only are most law libraries seldomly utilized, and that they may now portray old-school thinking not in line with modern technology, there are also economic considerations. Just a 500 ft2 space can cost the firm $150,000 at a $30/ft2 annual rent figure over a 10 year lease. If this amount was invested in technological upgrades how much more efficient would attorneys and legal assistants be in accessing legal information online?

Mobile devices allow research from almost anywhere, while wire-less connections facilitate printing and collaboration. There is also a growing use of legal outsourcing, either in the form of legal staffing companies or offshore research.

FILE ROOMS

Most law firms have not completely escaped the avalanche of hard copy files, although many firms have scanned documents and sent sub-stantial amounts of materials to ei-ther off-site storage or paper shred-

ders. Different law specializations and various requirements may im-pact how much on-site hard copy paper filing is required. There are significant time savings and conve-nience associated with digital files. Digital files allow for easy access, full-text keyword search, and file sharing, just to name a few advan-tages. On top of this is the cost sav-ings of not storing unnecessary files in costly office rental space. Techno-logical advances, including docu-ment management systems and high speed scanners will continue to reduce on-site storage demand.

LUnCHROOM / CAFé

The size of the law firm and its par-ticular culture, accessibility to near-by restaurants, and the firm’s at-torneys and staff have a significant impact on the size, design, quality, location and intended usage of in-house lunchrooms. Small firms may be satisfied with a small kitchen set-up, while major firms may have pri-vate partner lunchrooms with other eating facilities for staff and associ-ate attorneys. The Café concept with barstool seating, countertops, wir-ing for laptops and flexible configu-

rations for informal collaboration meetings can enhance the usability of the lunchroom.

TELCO / COMPUTER ROOMS

Law firms, along with most of cor-porate America, have seen their telco/computer rooms shrink in size as equipment has become smaller, more powerful and efficient. Small-er firms may not require 24/7 cool-ing due to diminished heat loads of new hardware. Other law firms may outsource their computer room operations entirely, taking advantage of potentially significant savings and increased reliability, using third-party providers located off-site.

PARkInG

For some attorneys, not having a re-served parking space may be a deal breaker. On the other end of the spectrum, it may be equally impor-tant for environmentally conscious attorneys to have access to an elec-tric charging station for their Leaf or Volt. Downtown firms where cli-ents arrive by cab or private driver

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JULY 201224

law offiCe desiGn,cont. from page 23have vastly different parameters than firms catering to employees or clients dependent on public trans-portation. Firms with elderly clien-tele may be particularly conscious of life-safety and handicap access.

STRATEGIC PLAnnInG / LEAD TIMES

Depending on the size of a law firm and state of the particular office submarket, a lead time for firms re-quiring 5,000 - 10,000 ft2 can range from 9 to 18 months, and for firms requiring 10,000 - 30,000+ ft2 begin-ning the process 18 to 30 months before lease expiration provides the front end lead time sufficient to po-sition the firm strategically to take advantage of its specific submarket and market conditions. Landlords may find it mutually advantageous to lower the rental rate two to three years prior to a lease expiration if the current rent is above market and provide significant tenant im-provements in exchange for the financial security of a longer lease extension, thus avoiding a poten-tial future vacancy, and enhancing financing value or salability of the property. A longer lead time allows serious consideration of opportuni-ties that might arise unexpectedly

such as the merger and relocation of a major nearby law firm, offering modern plug and play legal space at potentially favorable economic terms.

wHAT VALUE IS A LAw FIRM TEnAnT SPECIALIST?

The benefits of having extensive ex-perience in law firm representation and the industry nuances enhances value for the client. Understanding law firm design trends, privacy and security issues, as well as industry-specific considerations all serve to simplify the process, reduce or elim-inate ‘surprises’ and benefit the cli-ent both financially and logistically.

In almost every instance there is no additional cost to the law firm client in availing itself of this spe-cialized expertise as in most regions leasing fees are paid by the landlord.

COnCLUSIOn

Whether your law firm practice is part of a multi-national top ten or-ganization or a one-location firm with less than five partners, your industry is undergoing significant technological, cultural and struc-tural changes that have an impact on almost every segment of the le-

gal industry. Understanding these changes will become increasingly important in attorney hiring and retention, client satisfaction, staff retention, improved efficiency, and the bottom line now and in the fu-ture. •

Jeffrey s. weil, SIOR, CCIM, MCR.h is a Senior Vice President with Colliers International. Mr.Weil received his BS and MBA from the University of Cali-fornia at Berkeley and has specialized in office leasing and sales in the San Francisco Bay Area subregion of Con-tra Costa/Alameda Counties since 1976. One of his specific focuses, as one of the very few 100% Tenant Rep specialists, is in the exclusive representation of law firms, including long-range strategic planning, lease restructure, expansions, renewals, relocations and owner-user purchases.

No landlord representation whatsoever and no conflicts of interest. His website is www.officetimes.com, and daily blog on commercial real-estate at www.blog.officetimes.com. He can be reached at 925-279-5590 [email protected]

The information furnished has been obtained from sources we deem reli-able and is submitted subject to errors, omissions, and changes. Although Col-liers International, Inc. has no reason to doubt its accuracy, we do not guarantee it. All information should be verified by the recipient prior to lease, purchase, exchange, or execution of legal docu-ments.


YOUR CCCBA MEMBERSHIPTake advantage of everything we have to offer!

by lisa reepExecutive Director

professional development and networKinG

Join one or more of our 21 Sections and network with other practitioners who share common interests. We also offer regular opportunities to interface with members of our local bench. For more networking opportunities, attend our informal mixers to connect with attorneys and other professionals. Learn more about our sections: www.cccba.org/attorney/sections

CommunitY serviCe

The CCCBA sponsors numerous community service opportunities. These include our annual “Food From the Bar” drive, our ongoing Education Outreach Program including regular court tours during the academic year, our consumer-focused free legal workshops, our annual Court Scholarship Program and more. Find out more: www.cccba.org/attorney/build-your-practice/volunteer.php

ContinuinG leGal eduCation

CCCBA, together with its Sections and Committees, offers frequent seminars, courses and forums that fulfill the State Bar of California’s MCLE requirements. These include our annual MCLE Spec-tacular as well as many section-sponsored events throughout the year. Check out our online cal-endar for upcoming events - you can browse events and register online at www.cccba.org/attor-ney/calendar

lawYer referral & information serviCe

The Lawyer Referral & Information Service (LRIS) provides referrals to attorneys who have met specific experience requirements. Nearly 5,000 client consultations are scheduled with mem-bers of our LRIS each year. Special malpractice insurance rates are available for solo practitioners participating on our LRIS. For information on LRIS membership and malpractice insurance, call (925) 686-6900 or visit www.cccba.org/attorney/lawyer-referral-network

puBliCations

Our highly regarded magazine, Contra Costa Lawyer, is published monthly, 6 times per year in print, 12 times online. Each year, we also publish a pictorial Membership Directory. E-mailed “News & Upcoming Events” broadcasts are also sent to our members every Tuesday morning. Check out the latest issue of our magazine: www.cccba.org/attorney/cclawyer

The Contra Costa County Bar Association’s mission is to represent its members and to advocate on their behalf; to educate its members and the public concerning the law, the legal profession and the judicial system; to provide a means of communication both among its mem-bers and between its members and the public; and to provide services that will support its members in their legal practice.

JULY 201226

How and Why You Should Become Your market

by Austin Holian

what do the following names have in com-mon? Mark Zucker-berg, Henry Ford, Evel

Kneivel, Larry Sonsini, Christopher Dolan, John Wayne, Gloria Steinem, George Lucas, Clarence Darrow, Jackie Robinson, and Martha Stew-art.

When these names are mentioned we associate them with their feats and what makes them remarkable. To varying degrees this is what at-torneys should think of when they think of their footprints in the mar-ketplace. These people have done what I call “become their market.”

I strongly believe that becoming your market can be a key factor in your growth and success. Here are some measurable strategies, tactics and tips that I have seen work to help people accomplish this:

BE ACTIVE In ASSOCIATIOnS, GROUPS AnD ORGAnIzATIOnS

This applies to bar associations, your professional groups such as Cham-bers of Commerce, industry specific groups, and pro bono organizations. Take advantage of the myriad of member benefits available to you. Your personal involvement will pay off. Take it a step farther and set some goals for involvement. At the very least, join at least two groups before the end of 2012. As an example, if you are involved in intellectual property law, join the American Intellectual Property Law Association (AIPLA).

Once you have settled in as an active member, begin volunteer-ing your time and talents. Do you love to write? Contribute articles to the associations’ newsletters. When there is a call for committee mem-bers, raise your hand and devote your time. If you are lucky enough to be comfortable with public speak-ing, get out at a meeting or a confer-ence and display your expertise.

The point is to use your strengths and do what’s comfortable. I have found that serving on a committee really put me in the midst of people with whom I wanted to do busi-ness. I still have relationships with several committee members with whom I’ve served from more than ten years ago.

USE THE PRESS TO YOUR ADVAnTAGE

After fifteen years in the legal press, I can attest to the advantages of be-coming close with beat reporters and editors in your practice area. Reporters and editors truly value a consistent and reliable source, es-pecially at 4:00 pm on the eve of a breaking story. One of my friends is a legal recruiter and she has appeared in the Bay Area legal press several times over the years to comment on career trends or offer her opinion on firm moves. A by-product of her availability is that her name and her company’s name have become top of mind.

In addition, once you are quoted more and more you can begin to use these articles as material for your

own website, email newsletters, blogs and social media outlets.

GIVE SOCIAL MEDIA TIME & ATTEnTIOn

The future is now. If you are not get-ting involved with social media as a tool to increase business for you and your firm, you should know that it is highly likely that your clients and prospects are. Furthermore, the generation that is coming out of law school these last few years use social media as regularly as we used to use rotary phones.

Social media deserves its own article. For now I will offer some thoughts and tips on three of the more widely used tools.

There are more than 120 million people on LinkedIn. I often suggest that people concentrate on three ar-eas within LinkedIn to maximize their activity and visibility. First, you should complete, update and maintain your individual profile. This includes requesting recom-mendations from people. Second-ly, research the kinds of LinkedIn Groups you want to become in-volved with and join in. And lastly you should take advantage of the Company Pages on LinkedIn for your firm.

LinkedIn is constantly adding tools and features you can use to in-teract on either of these three levels of involvement. For instance, you can post an interesting article on your personal profile, ask and an-swer questions within your Groups, and even post a poll on your Com-


pany Page. One tip about Groups: if you don’t see a Group in your area of interest, LinkedIn makes it very easy to create your own.

Twitter, the famous microblog-ging service, is a social media plat-form where you can follow and be followed by whomever you wish, You are able to distribute, or tweet, messages, ask questions, post ar-ticles of interest and interact with clients and prospects as long as your messages are 140 characters or less. One person I follow must send out a dozen messages daily, and when-ever I think of attorney blogging, his name comes to mind. What’s more, you can set up your Twitter feeds to appear on your LinkedIn home page as well, which provides much more exposure to you and your messages.

Of course, the ubiquitous Face-book platform is another way for you and your firm to get exposed to clients and prospects. I will ad-mit that I think Facebook is more for personal and family life but I do know some attorneys and law firms that have devoted some time and energy to their Facebook pages.

COnCLUSIOn

Of course, nothing will trump pro-viding excellent legal services. However, differentiation is a key factor in the competitive legal mar-ketplace. I know attorneys, practice areas and firms will see results and “become their markets” if they im-plement a few of the above strate-gies and tactics. •

austin holian has nearly 25 years of media and business development expe-rience. Austin recently started Big Pic-ture Business Development, focusing on helping attorneys, firms and legal service providers find the most effective and creative ways to get and remain in front of clients and prospects. Contact Austin at [email protected] and (925) 849 2429

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result, multimedia use in today’s courtroom is reshaping how trials are conducted in the U.S.

Multimedia usage during the litigation process has a scientific foundation. Several studies con-firm we learn visually. According to the Logical Memory Section of the Wechsler Memory Scale, people immediately forget as much as two-thirds of what they hear. As it per-tains to information presented to professionals across a multitude of industries, the Weiss-McGrath Re-port concluded that memory reten-tion increased 100% after a visual rather than an oral presentation. Even more astounding, when visu-al and oral presentations were com-bined, memory retention increased a phenomenal 650% over an oral presentation alone. That certainly looks like scientific proof of the old adage “a picture is worth a thou-sand words.” And if we upgrade that to a new media environment, a multimedia presentation could be worth a million words. Imagine the positive impact that might have on a jury.

Jurors learn and process informa-tion during the course of a trial dif-ferently and it generally falls into one of the following learning pat-terns:

• Seeing the data pictorially, graph-ically or via motion pictures

• Hearing the data in person or via audio recording

• Reading the data

• A combination of the above

The key point is that today’s juror has the capacity to process informa-tion via several senses and meth-ods. Savvy attorneys are realizing that they no longer litigate in Perry Mason’s courtroom. In order to con-nect with each juror, they recog-nize a need to appeal to the diverse range of perceptions and learning processes through multimedia pre-sentations.

With hundreds of multimedia-wired courtrooms around the

country, attorneys are engaging trial technology consultants to help them manage the technology and tell a better, more effective story. The science and technology of tell-ing that story are becoming just as important as the art of telling it. The following are some examples of modern multimedia storytelling techniques:

• Simplifying complex engineer-ing, medical or mathematical evidence with powerful, easy-to-understand 3D visual computer models

• Transporting the jury back in time with vivid computer animated recreations of an accident or crime scene to help them experience the sights and sounds of the event

• Presenting a “day in a life” through a series of well-orches-trated photographic images and digitized video

• Displaying a colorful graphic ren-dering of objects, processes and diagrams

• Projecting both static and animat-ed timelines in attention-grab-bing color

• Showing computer-projected doc-uments and photographs with the ability to draw the jury’s at-tention to something specific by enlarging key sections or making real-time, on-screen annotations

• Playing a digitized surveillance video that morphs into a 3D com-puter animation

• Viewing and listening to a video or audio deposition synchronized to the scrolling transcript

• Watching a Video Settlement Documentary on a DVD produced for a mediation or settlement con-ference that combines many of the abovementioned media types into a 10-to-15-minute television “documentary” format

Employing such presentations dur-ing ADR, settlement conference or trial gives an attorney storytelling powers like never before. Pairing

by Steven Thompson & Andrew Lloyd

in today’s courtroom, litigators’ paramount concern is keep-ing the jury’s focus on the facts and evidence introduced in a

case. Static photos, flipcharts, chalk-boards, foam core boards, and sepa-rate pages of documents will cer-tainly help convey your points, but a modern jury expects and responds better to a more visual and dramatic experience. By riding the wave of multimedia presentation technol-ogy that is changing litigation in America, and by learning how it can apply to your practice, you will more effectively present your case in ADR, hearing, settlement confer-ence or at trial.

Think about the impact of mul-timedia on a jury. Over 52% of our nation’s jury pool is made up of in-dividuals from Generation X (born between the mid-60’s and 1980) and Generation Y (born between 1981 and the late 90’s). These teens to mid-40 year olds get their informa-tion primarily from the Internet, radio and television. They perceive the world through handheld com-puting products, smart phones, and personal video, audio and gaming devices. They are more likely to zone out during a rambling presen-tation -- no matter how eloquent -- than they are during a succinct statement punctuated by electronic visuals. These individuals are ac-customed to receiving information visually or in 10-to-30 second sound bites. Combine that with more and more baby boomers adopting this technology in their everyday lives, and you have a huge, well-informed jury pool that is new me-dia and gadget savvy. They expect a significantly different courtroom experience, a trend that requires litigators to rethink their old tried-and-true courtroom tactics. As a

Storytelling & the new Media Jury8


by Ivette M. Santaella

the standard ways of market-ing our law practices - yellow pages, radio or TV ads - have given way to less expensive

or no-cost solutions with the same or better results - social media. We hear so much about social media, but what exactly is it?

According to social media ex-perts Andreas Kaplan and Michael Haenlein, social media is “a group of Internet-based applications that build on the ideological and tech-nological foundations of Web 2.0 and that allow the creation and ex-change of user-generated content.”

Web 2.0 is a loosely defined inter-section of web application features that facilitate participatory informa-tion sharing, interoperability, user-centered design and collaboration on the World Wide Web. The three main types of social media are:

1. Blogs and microblogs, e.g. Twitter;

2. Content communities, e.g. You Tube;

3. Social networking sites, e.g. LinkedIn, Facebook.

Technologies used for marketing on these social media sites include blogs, wall-postings, email and in-stant messaging.

As attorneys we are guided by the California Rules of Professional Conduct Rule 1-400 Advertising and Solicitation. In addition, Wendy L. Patrick’s article titled, “Advertising in the Electronic Age”, published in the November 2010 California Bar Journal, states that “State Bar For-mal Opinion 2001-155 concludes that attorney website information relating to employment availability qualifies as a communication under California Rule 1-400(A), but not as a solicitation under Rule 1-400(B). As a communication, the website information must comply with the restrictions governing permissible content of communications. The applicable regulations govern not only the words on the website, but also the sounds and images.”

the importanCe of weBsites & BloGs

weBsites

Having an effective website is an important part of your sales strat-egy, while getting ‘hits’ on your website is an important part of your marketing strategy - driving traffic to your website.

An effective website should make a visitor feel that you understand her problem and can solve it. It should introduce your services, highlight your expertise and be able to close the sale. If your site does not market or sell, it is ineffective. Visit-ing an effective website, the visitor should understand:

1. Why they are on your website: A brief explanation of your services - your value proposition - should be at the top of the homepage;

2. Where to look on the website: Some websites have busy homep-ages. Having too many options is confusing to visitors and causes them to lose interest. Instead, the homepage should direct visitors

to pages where they can find an answers to their concerns.

3. Tell your visitor what to do: Pro-vide a call to action, such as “Call for a free consult” or “Click here to get more information”. Show confidence on your website and the visitor will have confidence in you.

There are user-friendly tools to help you build your own website for free. All you need is time and pa-tience. There are many platforms you can use called ‘open source’, developed specifically for free use. There are three primary open source platforms for website development: wordpress, Joomla & Drupal. Once you have built your website it needs to be hosted on the Internet. Some good hosting sites that are rea-sonably priced are GoDaddy.com or HostGator.com.

now BloG!

A blog is a personal journal pub-lished on the Internet. It consists of entries, referred to as posts, dis-played in reverse chronological order so that the most recent post appears first. Blogs can be the writ-ings of a single individual or a small group, usually focusing on a single subject.

Blogs have become a very popu-lar form of marketing and therefore get more ‘hits’ than websites. They are favored by search engines and many of the latest online tools. This is due to the thousands of individu-al posts that accumulate with time and cater to search engines. Blogs are similar to websites but the infor-mation is organized differently.

Blogs also have a ‘subscribe’ func-tion, called an RSS feed. When the blog is updated with a new post, the update is sent through the RSS feed, usually via email, to the sub-scriber, helping you maintain con-sistent contact. The main value add of blogs is that it integrates differ-ent platforms, e.g. your LinkedIn or Twitter profile.

the trial technology consultant’s skill, creativity and talents with the attorney’s knowledge of the law and litigation can make the differ-ence between winning and losing.

It boils down to this very impor-tant fact: jurors and judges base their decisions largely on who tells the best and most believable story. Creating and articulating the clear-est account of the facts by appealing to the human senses is critical to in-spiring the jury to reach a decision in your favor. Attorneys who uti-lize multimedia tools achieve great-er results and ultimately prevail in more cases. •

Social Media Marketing

9

JULY 201230

marKetinG, cont. from page 29

searCh enGine optimization (seo)

It is important to get ranked high on search engines like Google so that visitors can find your website easi-ly. There are various things you can do to achieve a high ranking. For example, Google gives high rank-ing to sentences and paragraphs, so it is best to avoid hidden text and bulleted lists. Needless to say “Keywords are Key!” Research and pick about 10-12 primary keyword phrases and use them.

GooGle analYtiCs

Now that you have set up your website, it is helpful to know who is visiting the site so you can evaluate the site’s effectiveness. Google Ana-lytics is a great tool for this purpose and it is free. With Google Analytics you can see:

• Who is visiting your website;• What keywords were used to find

your site;• How much time visitors spent on

the site;• Which pages were of interest;• The visitor’s geographic location

and so on and so on...

Go to www.google.com/analytics for information on how to sign up for an account.

drivinG traffiC to Your weBsite

email marKetinG

Email marketing is a powerful tool for your business. You can contact your audience many times over while building rapport and trust by offering valuable information or updates on relevant issues in your area of expertise.

A great tool to manage emails is an email auto-responder. It is a platform that manages your email marketing efforts and can upload prewritten emails that are sent out

automatically to an email subscrib-er. The three most popular auto-responder providers are aweber, Infusionsoft and Constant Contact.

start a podCast

Imagine being featured in the iTunes Music Store! It is possible with a Podcast. This is a great op-portunity to demonstrate your ex-pertise to countless people. iTunes is not just a source for music, but also for information.

Visitors on iTunes can subscribe to your Podcast and when you post a new one, they will be automatical-ly notified. If they are subscribed to your Podcast when the visitor logs on to iTunes your latest podcast au-tomatically downloads. Also, since podcasts are in audio format, most people will be listening on their MP3 player when they are working out, driving to work, or shopping.

soCial media

twitter

Twitter is an online micro-blogging service, a form of blogging where users exchange posts of up to 140 characters, often including links or images, known as ‘tweets’. A typical tweet consists of a teaser sentence or two, followed by a link that your followers can click for more infor-mation. An effective way to market on Twitter is to write a list of tips that can be tweeted automatically via platforms such as SocialOomph.com or HootSuite. Using such ser-vices, you can schedule tweets to go out once a day for 200 to 300 days.

linKedin

LinkedIn is a professional social networking site. It can assist with your marketing efforts through status updates, recommendations, rankings and keywords.

When you update your Linke-dIn profile, it is announced to your LinkedIn network. The site is also a great resource to make announce-

S T U D Y I N S T Y L E

Come join the CCCBA for our annual MCLE trip to Mexico. This year we will

be staying at the lovely, 4+ star Riu Riviera Maya, a luxurious all inclusive beachside resort located about a mile from charming Playa del Carmen. Up to six hours of MCLE credit will be offered, including bias and ethics credits. If booked early, the all inclusive resort (food, all beverages and activities on campus) and flight cost (SFO, non-stop) is less than $1500 per person for the entire week. (A sepa-rate $250 per person seminar fee is due to the CCCBA for all attor-neys wishing to attend the continu-ing education portion of the trip.) Significant others and children wel-come at this family friendly resort!

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ments, such as a seminar you may be hosting. Your status update is dis-played at the top of your profile, un-der your name and photo. Linke-dIn has more profile information than other social media platforms - so take advantage of it and use it! Think of it as your online resume.

Recommendations are read often on LinkedIn. One way to get a rec-ommendation tactfully is to write a recommendation for someone who truly deserves it. Upon receipt of an email stating that you wrote them a recommendation on LinkedIn, they will have an opportunity to reciprocate. The email states “[T]he recommendation has been posted to your profile. Why not return the favor and recommend XX back”.

Finally, one of the most powerful features of LinkedIn as a marketing tool is that you can do searches by job title. By including specific key-words in your LinkedIn profile it will help increase your Google rank-ing. Try not to use common generic terms as too many other people are using them. Instead, try using spe-cific and technical terms.

faCeBooK

Facebook has three different ‘facili-ties: Profiles, groups and pages. You only need to understand the dif-ferent facilities and how to utilize them to your advantage. Profiles are for individuals, while Groups are for multiple individuals with similar interests. Pages are designed for businesses. An individual with a facebook profile can build a page and become the “admin” for the page.

Facebook pages can have multi-ple admins that you can easily add or remove as your business chang-es. A Facebook page is fully indexed by Google and other search engines. Since Facebook is such a huge web-site it ranks high on Google and can help you improve your own search engine ranking.

The title of your Facebook page is the most valuable piece of informa-

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tion from a search engine optimiza-tion (SEO) perspective, so include a few keywords beyond your name.

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Insurance 10

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whether lawyers are starting a business, growing their busi-ness or transitioning

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2. Business & property Capital: The things of the company, in-cluding business liability, work-ers compensation, real estate, and automobiles.

When it comes to putting to-gether the right coverage, with the right carriers, for the right price, it’s important to talk to your Broker periodically as your needs change. Leverage the plan features, dis-counts, flexibility, coverage growth, guarantees, convertibility, porta-bility, underwriting levels, owner-ship, voluntary/supplemental, tax advantages, pricing options (modes, fixed, renewable, increasing), and payment options (employer paid, employee paid, or the combination),

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JULY 201234

civil jury verdicts

by Matthew Guichard

You must have thought I had given up on my Civil Jury Verdicts column for the Contra Costa Lawyer.

I didn’t, but apparently lots of trial lawyers did, as I received no reports of trials, settlements or arbitration awards for a long time. However, recently I have received a number of reports. Thanks, folks, and keep them coming!

andy schwartz of Walnut Creek reported a big verdict he obtained in Federal Court in San Jose. The case involved a shooting by a Gilroy, Cal-ifornia police officer of an individu-al by the name of Gurmit Singh. The officer claimed Mr. Singh charged the officer and tried to take his gun, when the officer was forced to shoot Mr. Singh. The officer was on his cell phone with a colleague at the time of the shooting.

The eight person Federal jury held that the officer violated Mr. Singh’s civil rights by using excessive force and by failing to render emergency medical care after the shooting. The jury awarded $1.275 million to the Singh family. The jury also found Mr. Singh was 50% liable for his own death. The award was not reduced by that 50% allocation, as the officer violated Mr. Singh’s civil rights.

The Richmond Police discrimina-tion case went to trial in Martinez before the Honorable Barry Goode.

stephen Jaffe of San Francisco represented the Plaintiffs. arthur hartinger and Geoffrey spell-berg represented Defendants.

Plaintiffs alleged discrimination against the Police Chief, the Depu-ty Chief and the City of Richmond. Plaintiffs sought in the neighbor-hood of $18 million in damages. The jury found for the defense on all counts.

The case of James Sappington vs. Henkel Corporation, No. CIVM-SC09-02555, was tried before the Honorable Steven K. Austin. Beth ann huber of San Rafael repre-sented the Plaintiff. robert d. essa of Oakland, and delia a. isvoranu of Oakland represented Defendant.

Plaintiff was terminated from his job after a 27 year career as a pro-duction supervisor. He brought an action against the company. After extensive pleading practice and motions, five causes of action sur-vived. At trial the Court dismissed the negligence causes of action. Dis-crimination and wrongful termina-tion survived. The jury returned a verdict in the amount of $200,000.

It appears Plaintiff made a de-mand of $3.4 million. No informa-tion on a pre-trial defense offer was available.

Shahan vs. Shahan, Case No. MSP09-00599 was heard before the Honorable Charles B. Burch. robert riordan of San Ramon represented the Plaintiff/Petitioner. Joseph m. morrill and Konstantine a. demiris represented Defendant/ Respondent.

The case involved a dispute in-volving The Shahan Family Trust, dated May 23, 1985. The complaint was filed on May 21, 2009. The complaint involved a petition to

invalidate two amendments to the trust. The contest was based on the grounds the decedent lacked capac-ity, and undue influence.

Judge Burch found for the Defen-dant/Respondent. No objections or proposed modifications of the judge’s Proposed Tentative State-ment of Decision were filed.

Therefore that decision became final by operation of law. Respon-dent submitted a Memorandum of Costs in the amount of $47,111.

Stock Trust Agreement, David Stock, Petitioner vs. Riley Stock, Re-spondent, Case No. MSP09-00299 was heard before the Honorable Charles B. Burch. Jone lemos of Fort Bragg represented Petitioner. matt toth of the Pedder firm repre-sented Respondents.

The case involved a dispute among brothers as to the disposi-tion of the family estate. Petitioner objected to the way in which the trustee distributed the parents’ per-sonal property. He objected to the sale of the family residence. In ad-dition, he objected to the expendi-ture of some of the trust funds by the trustee. After a four day trial, the respondent trustee prevailed on all counts. As stan pedder stated in his report to me on the case: “You are not your brother’s keeper unless he is the trustee”.

In a local verdict which I read about in the newspaper, a Contra Costa jury awarded a woman $2.5 million for a chicken bone which was stuck in her throat, requiring multiple surgeries. I had to do a little work to get the case informa-tion. The Plaintiff Calla Felicity was injured when a piece of pizza with chicken strips contained a chicken bone fragment. The bone fragment became lodged in her throat caus-ing severe injuries. She spent a number of days in the hospital and


underwent a number of surgeries. A $2.5 million verdict in Contra Costa Courts is most unusual. I have no information at press time as to de-mands and offers prior to trial. If I get that information, I will get it to you next time.

nick Casper of Walnut Creek reported an interesting settlement. Yes Nick is Stan’s son, and is obvi-ously a chip off the old block, as he is handling a number of substantial plaintiff matters. The case of George Perasso vs. Bay Counties Pitcock Petroleum, Inc., et al, Case No. C10-00382, was set for trial before the Honorable Judith Craddick.

The case involved a serious injury related to an attack on Plaintiff’s dog by an unleashed pit bull. The pit bull was owned by a man who was working at the time at a service sta-tion owned and operated by Pitcock Petroleum. Plaintiff was injured when he tried to protect his dog and break up the attack. Plaintiff injured his already surgically repaired right shoulder. He required two addi-tional shoulder surgeries due to his injuries. Plaintiff’s medicals totaled approximately $58,000. He claimed a lost earning capacity of $550,000. The case settled for $300,000.

On a final note, I recently settled three substantial cases. However, due to the confidential nature of the cases and the settlements, I can-not tell you about them. Sorry about that.

Keep those cards and letters com-ing, and please write to me about those civil verdicts/settlements of any kind - You can reach me at [email protected]

— Matthew P. Guichard is a principal in Guichard, Teng & Portello, APC. Please send case information to: 1800 Sutter Street, Suite 730, Concord, CA 94520 or contact him at 925.459.8440 or [email protected]

C. randall Bupp 1950 - 2012

It is with great sadness that we announce that our part-ner of the past ten years, Randy Bupp, lost his fight to cancer and passed away Thursday, June 7, 2012.

Randy was born in San Bernardino, California, and was admitted to the California Bar in 1975, following his col-lege and law school education at Cornell University, Ithaca, NY (B.A. 1971) and Hastings College of Law, Uni-versity of California at San Francisco (J.D. 1975).

Over his thirty-seven year legal career Randy became a prominent member of the bankruptcy bar, earning respect and praise from judges, his colleagues and his many clients. Randy served as an Adjunct Professor at J.F.K. University School of Law in Pleasant Hill, CA teaching Business Law and Bankruptcy. He also served as a Section Leader for the Commercial Law and Bank-ruptcy Section of the Contra Costa County Bar Associa-tion and was a member of the Board of Directors of the Bay Area Bankruptcy Forum.

Randy joined Bardellini, Straw, Cavin & Bupp, LLP in 2002, after having been a partner in a prominent bank-ruptcy firm in Oakland for 25 years. His practice empha-sized bankruptcy law, in which he represented debtors and creditors, as well as financial institutions in bank-ruptcy and real property litigation in State and Federal Courts throughout California.

John, Lee & JimBardellini, Straw Cavin & Bupp, LLP

In Memoriam

JULY 201236

inns of court

by Matthew Talbot

on May 10, 2012, the Robert G. McGrath Inns Of Court had another fun meet-ing at the Lafayette Park

Hotel. This was the last meeting of the year and Judge Rebecca Har-die’s pupilage group (consisting of Jon Eldredge, David Marchiano, Dana Santos, Scott Isherwood, John Hourihan, Patricia Kelly, Lorraine Walsh, and Tom Nagle) provided a great presentation on Yelp and the legal profession. If you do not know what Yelp is, it is a popular website where customers can provide re-views of businesses. In theory, it is supposed to democratize the review business, taking the power away from the East Coast Ivy League elites that normally parade around as high-falutin’ “critics.” The sad re-ality is that when medium-falutin’ critics get involved, the reviews tend to be less than helpful.

The average Yelp review might do its absolute best to completely and totally miss the point of a review in the first place. It’ll say something like “I went to this Italian restaurant with my girlfriend. She dumped me there, so I’m going to give the res-taurant 0 out of 5 stars!” Or “I tried to go to this store to buy things, but I got in a car accident on the way. THIS STORE IS TERRIBLE!” Yelp is

a mirror to society, proving that we are nothing more than a vain, self-absorbed culture more interested in the disasters of our own lives than a genuinely critical look at the arts, restaurants, and other businesses that comprise society.

Judge Hardie’s group took that situation and said “Are any law-yers getting insulted here?” So, they analyzed 5 Yelp reviews (some fake, some real) about legal services and the people who really hated receiv-ing them. The first review included a lot of personal and insulting com-ments regarding a female attorney. The Inns discussed whether the at-torney could bring a defamation action against the reviewer for the comments about her personal life. Here, the potentially defaming comments were opinions and not facts, so a defamation action might not lie.

The second review was similar to the first in that it included insults regarding the attorney’s skill. Here, the potentially defaming comments included more purported facts than opinion. The purported facts in-cluded such things as the amount of times the attorney had been sued by his clients and that the attorney committed fraud against the re-viewer. As they included facts, the Inns concluded that this review would be more likely to be the basis for a defamation claim.

Apparently, this was a real review and the attorney did bring an action against the reviewer. The reviewer brought an anti-SLAPP motion, de-signed to dismiss cases where the intent is to silence a person’s free speech rights. However, the court in this instance did not grant the anti-SLAPP motion. The Inns group had a lively discussion about this unique, modern, and interesting case.

The next review was not against an attorney, but instead a judge. Why can you even review judges on Yelp? Judges do not need your business and you generally don’t get to judge-shop the same way you can buy clothing, electronics, or food. But hey, if you ever want to disqualify a judge, scour his or her Yelp page first!

Here, the review claimed that the judge was biased and uninterested in providing real justice. The Inns discussed whether a judge could re-spond to a review like this. The gen-eral consensus was that they could. However, the Yelp’d judge has to do it in a professional and cautious manner. I, for one, can’t think of a situation where any possible defini-tion of “professional” or “cautious” includes “replying on the Yelp site itself.”

After discussing two more re-views, the Inns discussed what can be done, besides legal action, to re-solve these situations. You cannot sue the ISP for 3rd party content, generally, but you can try to con-tact Yelp to get the review removed. They’ll probably require you to sign up for their Yelp Premium service, which has been very controversial. Another way to avoid bad reviews on Yelp is to be a good attorney. Funny how that works out that way sometimes. Return phone calls. Avoid “trouble” clients. Don’t be ad-dicted to drugs and then embezzle the client’s retainer. Especially that last one, try to avoid that last one.

The next meeting is in Septem-ber at the Lafayette Park Hotel, but there is a Summer Mixer in late July. To learn more about the Inns Of Court and get involved, contact President Scott Reep at (707) 784-0900 or [email protected]


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