Attorney Journals

San Diego, April 2026

Wed, 01 Apr 2026 14:55:37 GMT

Orange County, April 2026

Wed, 01 Apr 2026 14:54:03 GMT

“When Elders are Harmed, We Fight Back—And Win”

Wed, 01 Apr 2026 14:52:26 GMT

Contact

Bryant Dieringer Wilson, LLP

402 W. Broadway, Suite 2700

San Diego, CA 92101

619-693-4900

BDWattorneys.com

CaliforniaElderAbuseLawyer.com

Bryant Dieringer Wilson, LLP handles high-stakes elder abuse, trust, and probate disputes across civil and probate courts—delivering trial-ready expertise when cases matter most.

Bryant Dieringer Wilson, LLP is built on several guiding principles: focusing on elder litigation in both probate and civil courts; maintaining a commitment to zealous advocacy, integrity, and professionalism; handling complex, high-stakes cases; and collaborating with other attorneys through referrals and joint ventures.

“People are living longer, and that presents a longer time frame for them to be taken advantage of, either physically by a nursing home or financially by fiduciaries, family members, or financial companies like life insurance companies. As a result of elders living longer, there remains a significant amount of wealth concentrated among elders, which makes them prime targets for financial elder abuse, particularly,” says Joel Bryant, Founding Partner of Bryant Dieringer Wilson, LLP.

Bryant points to a representative assisted living elder abuse case involving a 72-year-old grandmother with early-onset dementia who had been cruelly abused by her caregivers. She had been overmedicated, confined to her room, sexually assaulted through inappropriate touching by a male staff member, and had developed pressure sores after lying in bed for weeks without proper care. “We get a lot of tragic cases like this from other attorneys who are contacted by a potential client with a problem outside their practice area. We want other attorneys to think of us first when referring elder litigation cases. When they’re confronted with clients needing will and trust litigation, nursing home litigation, financial elder abuse, and related matters, we have expertise from years of representation of clients in these matters, and so we want them to think of us,” Bryant says.

Joel Bryant and partners, Rob Dieringer and Jessica Wilson, who have worked together for more than a decade, recently left their previous firm to form Bryant Dieringer Wilson, LLP. Their practice focuses on the intersection of civil litigation and probate litigation. They frequently accept cases referred by other attorneys whose matters have not settled and are heading toward trial. The firm currently includes four attorneys, three paralegals, and staff members.

Rob Dieringer, Partner; Jessica G. Wilson, Partner; Joel R. Bryant, Partner; and Madison Miller, Associate

Wilson says one of the firm’s goals is to become the go-to resource for colleagues in the legal community who encounter cases that require elder law litigation expertise, as well as cross-over elder litigation in multiple forums. “We want to be outward-facing to our contemporaries and let them know that if they’re looking for someone who has the requisite knowledge base and track record in this arena, we litigate in civil and in the probate division, we can do both. I believe we are unique because of our knowledge base, experience, and skill set, and the number of referrals we get supports this belief,” she says.

Dieringer explains that the partners’ decision to form their own firm was driven by a desire to concentrate their practice on elder litigation. “We wanted to focus all our efforts on doing what we do best: elder litigation. Joel and Jessica are truly hardcore litigators, and I’m an elder law specialist. It’s a very powerful combination.”

Wilson previously practiced corporate litigation on the defense side. She says her perspective changed after learning more about elder abuse litigation. “When I met Joel and learned about these types of cases, it really struck a chord with me. I thought this was a very important area of the law that might be underserved. I feel a connection to this work because what we’re doing really helps people and families directly.”

The firm’s clients typically include elders and their surviving family members or heirs, trustees, beneficiaries of wills or trusts, and other interested parties. Typical clients also include families of dependent adults—elderly or not—who are under the care of another person or healthcare provider. Under California law, elders and dependent adults are protected equally. The Legislature provides a framework for litigating elder abuse cases that often includes enhanced remedies for nursing home and assisted living cases; this is designed to assist and incentivize litigators to take up this important cause.

The team recalls another representative case, this one involving trust and real estate matters and the son and daughter of an elderly man who had been taken advantage of financially by his girlfriend. When the children arrived to visit their father, they discovered he had been placed in hospice. Even more surprising, the girlfriend announced that she had married him—something the family had never heard before. Their father could barely talk and appeared heavily medicated. The children contacted the police, and their father was taken to the hospital. While at their father’s house, they discovered he had signed a will only a few days earlier, giving his house to his new wife. BDW obtained a restraining order preventing the wife from contacting the father, moved him closer to his daughter, obtained a conservatorship, and contested the trust. The case lasted more than a year and involved testimony from doctors, lawyers, neighbors, and family members. Ultimately, the father was taken off hospice and lived for several more years, spending his final days where he belonged: with his children and grandchildren.

In other undue influence cases, caregivers responsible for an elder’s physical and mental care have persuaded patients to sign deeds over their homes or grant access to funds and other resources. The typical fact patterns seen are expanding to crossover cases, which involve exploitation of finances in combination with a failure to provide adequate care for persons under the defendants’ care and custody. BDW attorneys have seen situations where an elderly person was unsupervised, eloped from the facility, and was severely injured outside in the rain or freezing weather, with no response for hours from caregiving staff.

“We represent extreme cases. If I had one message for the legal community, it’s that we are the people to go to when an elder has been abused, seriously hurt or killed, or had millions of dollars stolen from them,” Dieringer says.

Wilson adds that the firm’s narrow focus benefits both clients and referring attorneys. “Because we’ve taken this approach to a niche area of the law and dedicated our time to be on the cutting edge of this practice area, people can feel good about making referrals to the right attorneys. We bridge probate litigation, civil litigation, financial elder abuse, and nursing home elder abuse together in one place,” she says.

Team Work

All three partners graduated from the University of San Diego School of Law and have longstanding personal and professional roots in San Diego’s legal community. Associate Attorney Madison Miller joined the team in 2022 and serves as an integral member, bringing a balance of enthusiasm and a fresh perspective, along with an innate ability to understand and address complex legal issues. Together, the BDW attorneys bring more than 75 years of combined legal experience to their clients.

“During the decade we worked together at another firm, we discovered not only a real passion for representing elders and protecting the legal rights of this vulnerable population, but we also bonded over a commitment to integrity, perseverance, and winning for our clients,” Bryant says.

Dieringer says the partners’ complementary strengths contribute to the firm’s success. “Joel has been litigating in San Diego for 36 years; there is nothing he hasn’t seen. He was the first attorney in San Diego to regularly handle both financial elder abuse and nursing home abuse cases. Jessica has substantial prior litigation experience, including on the defense side, enabling her to accurately anticipate what strategies our opponents are likely to pursue. She has the technical aptitude to defeat any kind of motion. If an opponent thinks they can overwork and exhaust us with technicalities, they’re mistaken. We’ve been there and done that with tried-and-true results, and we repeatedly find success for our clients.”

Dieringer adds, “And I’m the certified specialist. I know the Probate Code forward and backward. Prior to joining Joel and Jessica, I handled estate planning, probate administration and trust administration matters. That transactional experience uniquely positions me to successfully litigate disputes in probate court involving wills, trusts, and related matters.”

Bryant summarizes the firm’s role in the local legal landscape. “We are the premier elder litigation firm in San Diego, regularly handling complex litigation in probate and civil court. I’m not aware of any other firm in San Diego that is equally versed and comfortable litigating cases through trial in both civil and probate courts,” he says.

“Our family faced an issue we never expected. Our beloved mother, Grandmother, and Great-Grandmother was declared incompetent, moved out of her home, and all of her accounts were frozen. All of this by one other family member. We were all at a loss as to what to do until we found Mr. Bryant. He was a true advocate for our family. He was with us every step of the way and truly fought for us, never wavering in his commitment to our cause. A very resourceful and creative thinker, he explored all options and avenues to strengthen our case and bring about positive results. Mr. Bryant saw this case through to the very end, and now Grandma is back in San Diego and doing great. Forever grateful.” —Former Client

Madison Miller, Associate; Joel R. Bryant, Partner; Jessica G. Wilson, Partner; and Rob Dieringer, Partner

Referrals, Collaborations, and Joint Ventures

The firm regularly litigates disputes involving real property, business interests, and substantial estates. These cases frequently involve fraud, insurance-related issues, and other procedural complexities that accompany elder abuse litigation. The BDW attorneys also systematically handle cases involving parallel proceedings in probate and civil courts, coordinating strategy across both forums. Their experience navigating overlapping jurisdictions allows them to pursue cohesive litigation strategies involving tort claims, statutory elder abuse claims, breaches of fiduciary duty, and trust and estate disputes. A collaborative approach can be vital in these complex elder and probate matters, and the team often joint ventures cases with other firms with niche subject matter expertise. Whether handling a case in-house or joint-venturing with other San Diego specialists, BDW attorneys secure the best combination of resources and strategies to maximize client results.

The firm prioritizes clear, efficient communication with both clients and referring attorneys. Bryant Dieringer Wilson handles cases on an hourly basis and on contingency, including probate contingency matters. This approach allows clients with meritorious claims to pursue litigation even when they cannot afford high upfront legal costs.” Any time we can give voice to an elder or dependent adult who has suffered serious physical or financial injury, those cases speak directly to the goals and values of our practice,” Wilson says.

Looking ahead, the firm plans to continue refining its specialized practice. The partners intend to build a concentrated litigation boutique devoted to elder abuse and trust and probate disputes, while serving as a resource for attorneys and clients confronting complex matters at the intersection of probate and civil litigation.

“When Elders are Harmed, We Fight Back—And Win”

Wed, 01 Apr 2026 14:49:37 GMT

Contact

Bryant Dieringer Wilson, LLP

402 W. Broadway, Suite 2700

San Diego, CA 92101

619-693-4900

BDWattorneys.com

CaliforniaElderAbuseLawyer.com

Bryant Dieringer Wilson, LLP handles high-stakes elder abuse, trust, and probate disputes across civil and probate courts—delivering trial-ready expertise when cases matter most.

Rob Dieringer, Partner; Jessica G. Wilson, Partner; Joel R. Bryant, Partner; and Madison Miller, Associate

Team Work

Madison Miller, Associate; Joel R. Bryant, Partner; Jessica G. Wilson, Partner; and Rob Dieringer, Partner

Referrals, Collaborations, and Joint Ventures

The Fundamental Shift In Thought Leadership That Attorneys and Legal Execs Can’t Ignore

Wed, 01 Apr 2026 13:53:57 GMT

There’s a new audience reading the thought leadership produced by attorneys and legal industry executives. The sooner they realize that and plan accordingly, the sooner they can take advantage of the opportunities this new audience offers.

Attorneys and legal industry executives write their thought leadership for human readers.

Makes perfect sense, right?

Even with search engine optimization (SEO) driving how certain types of online content are written, attorneys and legal industry executives write thought leadership because it’s an effective way to position themselves as authorities. Thought leadership is about demonstrating knowledge and wisdom and providing insights to other humans. It’s not about writing content around specific keywords or trying to get to the top of Google search results.

But times have changed. Today, the readers of thought leadership are no longer just humans. AI systems are now consuming thought leadership content at a scale that no human audience ever could.

They’re evaluating our expertise, ranking our authority, summarizing our insights, and deciding whether our names and perspectives should appear first, fifth, or not at all when someone asks an AI platform to tell them who the “best” people are who do what we do, or asks questions that our published content could answer.

And because of that, the legal industry’s traditional approach to publishing thought leadership is no longer enough.

AI Platforms Are a New Thought Leadership Middleman

One of the reasons thought leadership is and has been an effective marketing and business development tool is that no middleman filters its substance. Whether the thought leadership appeared in an email newsletter, a blog post, or a contributed article in a third-party publication, it was discoverable and digestible in its original form.

When clients and referral sources discovered and digested thought leadership, they used it to evaluate the author’s expertise.

They used it to determine who was knowledgeable and wise about the topics they covered in that thought leadership.

They used it to decide whom to trust.

They used it to decide whom to work with.

But now AI sits between thought leaders and their audiences. It’s the new thought leadership middleman.

It decides which content gets surfaced, summarized, or sidelined. AI platforms are shaping the visibility of attorneys, legal industry executives, and other professionals in the eyes of people using those platforms to find them.

But many law firms and organizations that serve the legal industry don’t seem to realize what’s happening.

They need to wake up, or they risk becoming invisible to AI platforms, leaving them invisible to clients, referral sources, and other target audiences.

To be fair, searches on AI platforms pale in comparison to searches on Google. As of when I’m writing this, Google processes roughly 16.4 billion searches daily, while ChatGPT handles roughly 800 million AI searches. The latter’s share of searches is small (i.e., 4.9 percent).

But an October 2025 Pew Research study found that users click links in search results 47% less when AI Overviews appear in Google results (8% click rate with AI Overviews vs 15% without). More concerning is that 26% of users end their browsing session after receiving AI-generated answers. That’s 63% higher than the 16% who end their sessions after a search when there are no AI Overviews.

And therein lies the rub. Even though AI searches account for a relatively small (but growing) share of online searches, they often provide answers without citing the original source.

Compare that to Google’s results, which, even when they display an AI overview at the top of the search results, will show a user links to other websites. If the user is searching for an answer to a question that’s answerable by thought leadership, the user could visit the websites where particular pieces of thought leadership live, consume that content, and find “new to them” thought leadership content creators whom they then follow-on social media, subscribe to their email newsletters, and/or generally become a new fan of.

A New AI-Imposed Structure on Thought Leadership

Much of the thought leadership published today is not structured in a way that AI will interpret as expert-authored. That’s not because the ideas in the thought leadership are weak; it’s because traditional thought leadership wasn’t designed to be evaluated the way AI platforms evaluate it today.

AI penalizes vague structure, shallow analysis, and recycled summaries—traits that many pieces of thought leadership exhibit.

AI rewards clarity, original insights, organized reasoning, and signals of genuine authority and expertise. In other words, AI is rewarding attorneys and legal industry executives who produce true thought leadership content—content that’s clear, original, organized, and shows that the author knows what they’re talking about.

When we discuss structuring thought leadership on AI, we should briefly cover AEO, GEO, and AIO.

AEO is “Answer Engine Optimization.” It’s the process of writing and structuring content so it’s easily understood by search engines’ built-in AI, which then summarizes it in the “AI Summary” section of its search results and, hopefully, includes a citation so users can see the content’s source.

GEO is “Generative Engine Optimization.” It’s the process of writing and structuring content to increase its visibility in AI tools like ChatGPT and Claude.

And finally, AIO is “Artificial Intelligence Optimization.” AIO is similar to GEO. It’s the process of writing and structuring content so AI platforms can more easily digest and understand it, and serve it up in answers to users’ questions.

AEO, GEO, and AIO offer opportunities for law firms and organizations serving the legal industry to be first movers. The firms and organizations that produce thought leadership that appeals to both humans and AI platforms will be the ones that AI models reference in their results.

The models will recognize the firms’ and organizations’ attorneys and leaders as trusted experts, cite their content more frequently, and recommend them as leaders in their fields more frequently.

Time for Attorneys and Legal Industry Executives to Get in the Game

Today, thought leadership has two audiences: humans and AI platforms. If an attorney’s or legal industry executives’ thought leadership doesn’t speak to both, they’re leaving visibility, credibility, and new business opportunities on the table.

But these attorneys and executives can’t play the AEO, GEO, and AIO game, let alone the “produce thought leadership for humans to consume” game, if they’re not consistently producing thought leadership.

They need to understand that, in today’s world, where AI is increasingly part of our everyday lives, building their authority—and perhaps a book of business—requires being seen as authoritative by both humans and AI platforms.

The most effective path to getting there is by regularly publishing thought leadership, whether by taking the time to write it themselves, working with an associate or another colleague, or hiring an outside ghostwriter.

Lead Magnet Ideas For Law Firm Marketing

Wed, 01 Apr 2026 13:48:24 GMT

Generating business is a priority for almost all law firms, especially small and solo practices. Sure, it’s nice for your website to get lots of views, but the end goal of your marketing efforts is to help the people you can best help connect with and become clients of your practice.

It’s frustrating and disheartening to prepare for a scheduled consultation only to have a prospective client cancel at the last minute, or worse, simply fail to show up. Lead magnets can improve lead quality by educating prospective clients beforehand and building trust.

When a prospective client has learned something useful from your firm, even before speaking to you, a consultation feels like a continuation of the value they’ve already received. That’s likely to increase their commitment and follow-through.

What is a Lead Magnet?

A lead magnet is something of value that you offer in exchange for the person’s contact information. It’s not a sales pitch or promotional material; it’s something your audience perceives as a benefit. Ideally, a lead magnet is genuinely useful content that answers a specific question or solves a problem.

If you’ve ever been online and clicked a button to get a free downloadable guide or eBook, you’ve been attracted by a lead magnet. Chances are that the offer addressed a particular need, interest, or pain point of yours. You can do the same for the people you hope will become your clients.

Seven Effective Law Firm Lead Magnets

When someone is facing a legal issue, they are often navigating uncharted territory. The legal knowledge you have can help them feel more in control of their situation. A lead magnet allows them to “sample” your knowledge with very little investment, boosts your credibility, and encourages them to come back for more. Some of the most effective law firm lead magnets include:

 eBooks: An eBook is an in-depth electronic guide that covers a legal topic, such as “Everything You Need to Know About Filing for Chapter 7 Bankruptcy” or “A Guide to Estate Planning for New Families.” eBooks are designed to educate, often for a broader audience, and are good for building awareness and credibility.

Whitepapers: Structured and research-driven, whitepapers analyze a legal issue in depth. They often provide statistics, data, and citations and are geared toward a more sophisticated audience. Whitepapers are good lead magnets for firms that want to demonstrate thought leadership, especially in technical or regulatory practice areas.

Downloadable Guides: Downloadable guides are similar to eBooks but tend to be shorter and narrower in scope. They are often built around a specific problem or decision, e.g., “What to Do After a Loved One’s Death.” While an eBook generally says, “Here’s what you need to know,” a downloadable guide says, “Here’s what you need to do right now.”

Downloadable Checklists: There’s a certain satisfaction in checking items off a list, especially for people facing an unfamiliar legal problem who want to know they’re on the right track. Checklists like “Documents to Bring to Your First Estate Planning Appointment” or “Seven Things to Do Before You File for Divorce” help users feel organized and in control.

Exclusive Webinars: Whether live and interactive or pre-recorded, webinars are a popular and effective lead magnet. Many people appreciate learning by video, and actually seeing and hearing the attorney humanizes them and helps build trust. People also tend not to attend webinars unless the issue is timely for them, so webinar attendees may be higher-intent leads.

Case Studies: A case study is an account of a real matter (often with identifying details changed) that describes a legal issue the client faced, the strategic decisions the firm made, any obstacles encountered, and how they were addressed, and the outcome. Case studies signal experience with certain scenarios and reassure prospects that the firm has successfully handled cases like theirs.

Templates: When used properly, downloadable templates can be highly effective lead magnets. They work best when they help leads organize information and identify areas of concern, such as an “Incident and Timeline Organizer.” Templates are best as lead magnets when they help prospects identify knowledge gaps and the need for an attorney’s help to move forward.

The right lead magnets for your law firm depend on your goals, practice areas, and target audiences. It’s likely you will want multiple magnets in play for clients with different needs or people at different stages of the sales funnel.

Paige Silver-Dunn, Director of Marketing for The Modern Firm, counsels attorneys to put themselves in their clients’ shoes when planning lead magnets: which topics and formats would they likely take the trouble to download?

Getting the Most Out of Your Lead Magnets

Unlock the full potential of your lead magnets by observing these best practices:

Pay attention to both form and substance. Naturally, your lead magnets should provide genuinely helpful information; otherwise, the people who downloaded them won’t see the value in contacting you for more. But don’t underestimate the value of having an attractive, well-designed document or infographic bearing your law firm’s logo and branding. A polished appearance makes the lead magnet feel more valuable and makes your firm look more legitimate and trustworthy.

Make access easy. How many times have you gone to take an action online, only to give up because you were asked to take one too many steps or provide more information than you were comfortable sharing? It’s the same for your prospective clients, so don’t make it inconvenient for them. Ask only for the minimum information you need, and make it convenient for them to provide their information.

Nurture the leads you’ve gathered. The purpose of a lead magnet is to attract high-quality leads; don’t just let those leads languish! Keep in touch through appropriate lead nurturing. Lead nurturing keeps your firm top-of-mind for prospects early in the sales funnel, and continues to build trust and showcase your knowledge for those who are closer to hiring a law firm.

Segment your contact lists. Your lead magnets may attract different pools of potential clients. An estate law firm, for example, might get contact information from young families making their first estate plan, older couples who need to update a plan, and people facing probate.

Segment contact lists so targeted messages reach the right people. Not only would an email about “securing your baby’s future” be irrelevant to an elderly widow, but it also comes across as insensitive, signaling a lack of understanding of her situation and needs.

Switch up your lead magnets. Lead magnets, like many aspects of law firm marketing, aren’t “set it and forget it.” It’s important to refresh your lead magnets from time to time, because stale or repeated content loses impact. Updating your materials ensures that your offers stay relevant to your target audience and ultimately attract prospects who are better matched and more committed to following through with services.

Key Takeaways

Lead magnets motivate prospects to share contact information in exchange for value
A lead magnet is not a sales pitch; it’s a useful resource to attract potential new leads
There are a variety of options for lead magnets, from downloadable checklists to eBooks to webinars
Once you’ve acquired leads from this marketing avenue, be sure to nurture them

Lead Scoring for Law Firms: Using Engagement Data to Prioritize BD Targets

Wed, 01 Apr 2026 13:43:02 GMT

Most B2B law firms have a prioritization problem.

Marketing teams create content, host events, and track engagement. Business development professionals cultivate relationships, respond to RFPs, and pursue target accounts. But in too many firms, these functions operate in parallel rather than in unison, leaving valuable intelligence stranded in marketing’s domain while BD makes outreach decisions based on disconnected information, rather than insight.

This isn’t news to anyone who’s worked in legal marketing. Marketing handles brand, content, and events. BD supports partners in client acquisition. The two functions intersect at necessary intervals, then retreat to their respective silos. The result: marketing struggles to demonstrate ROI because it’s removed from the revenue engine, and BD operates without the engagement intelligence that could sharpen their focus.

Lead scoring offers a bridge between these worlds—not by qualifying inbound leads, but by helping marketing surface which targets, clients, and prospects deserve BD attention right now.

Reframing Lead Scoring for Law Firms: The B2B Reality

The opportunity for B2B law firms lies in using engagement data to prioritize where BD should focus proactive outreach, not just who responded to a campaign. Think of it as turning static target lists into dynamic priority queues.

Three use cases make lead scoring valuable for B2B legal marketing: prioritizing target prospect lists, identifying cross-sell opportunities with existing clients, and flagging dormant relationships ready for reactivation. In each case, marketing contributes concrete intelligence that BD can act on immediately.

What Data Can Marketing Actually Access?

Before building a scoring model, take inventory of the signals you can realistically track. Most firms have more data than they realize—it’s just scattered across platforms and disconnected from BD workflows.

Website engagement shows who’s visiting, what pages interest them, and how often they return. Your CRM captures relationship history, past matters, and current touchpoints. Email platforms track opens, clicks, and replies across campaigns. Event management systems record attendance and session interests. And increasingly, optimized intake and CRM systems can consolidate these signals into actionable intelligence.

The key isn’t having perfect data. It’s aggregating what you have into patterns that BD can act on.

Building a Lead Scoring Framework for Target Prospects

Start with the list of companies your firm wants to pursue—the targets BD has identified as ideal clients. Without engagement data, that list sits static because there’s no systematic way to know which targets are showing interest right now. Lead scoring transforms that static list into a dynamic priority queue by layering engagement signals on top of firmographic fit.

Engagement Signals Worth Tracking

Not all engagement carries equal weight. A prospect who visited your homepage once matters less than one whose team members keep returning to your Intellectual Property practice page and downloading transaction-related content.

Consider weighting signals like this:

Multiple website visits from the same company domain (+15 points)
Practice area page views aligned with your capabilities (+10 points)
Content downloads, especially bottom-funnel assets like case studies (+20 points)
Webinar or event attendance (+15 points)
Multiple individuals from the same company engaging (+25 points—this signals organizational interest rather
than individual curiosity)
Industry trigger events like M&A announcements, leadership changes, or regulatory developments (+20 points)

The specific point values matter less than the relative weighting. High-intent behaviors—actions that suggest genuine interest in hiring counsel—should count more than passive engagement.

Firmographic Fit Criteria

Engagement alone doesn’t make someone a good prospect. Layer firmographic fit criteria into your scoring model to ensure high scores represent genuinely valuable opportunities:

Company size and revenue band matching your ideal client profile (+15 points)
Industry alignment with your practice expertise (+10 points)
Geographic footprint you can serve (+10 points)
Known legal needs or challenges in your wheelhouse (+15 points)

Negative scoring matters too. Subtract points for disqualifying factors—too small, wrong industry, known existing counsel relationship—so your hot list stays focused on realistic opportunities.

Prioritizing Existing Clients for Cross-Sell Opportunities

The data consistently shows that revenue concentration is both the strength and vulnerability of most law firms. As industry research indicates, 80% of revenue often comes from 20% of clients—yet most firms leave substantial cross-sell opportunities untapped.

The challenge isn’t recognizing that cross-selling matters. It’s knowing which clients are ready for expanded conversations and when to initiate them. Marketing can surface these opportunities by applying the same engagement intelligence used for prospects.

Signals That Indicate Cross-Sell Readiness

When a client who works with your employment group starts engaging with content from your corporate practice, that’s a signal worth noticing. When new contacts from different departments at the same client organization begin visiting your website, something’s happening in that company that might require additional legal support.

Watch for these cross-sell indicators:

Engagement with content outside their current practice area relationship (+20 points)
Website visits to practice pages they don’t currently use (+15 points)
New contacts from different departments engaging with firm content (+25 points)
Industry news suggesting new legal needs—regulatory changes, expansion plans, transaction activity
Billing data showing matter completion, which creates natural timing for “what’s next” conversations

The goal isn’t to bombard clients with cross-sell pitches. It’s to ensure that when a client has emerging needs outside their current practice area relationship, your firm is positioned to discuss solutions before they start looking elsewhere.

Reactivating Dormant Relationships

Former clients and old prospects represent untapped opportunities precisely because they already know your firm. The relationship may have gone quiet due to timing, budget constraints, or a shift in their legal needs—not necessarily dissatisfaction.

Lead scoring can identify when dormant relationships show renewed interest, creating natural opportunities for reconnection.

Reactivation Triggers to Monitor

A prospect who ghosted 18 months ago, but just downloaded your data privacy and cybersecurity guide deserves fresh outreach. A former client whose successor started engaging with your content might be reconsidering their counsel relationships. Track these reactivation triggers:

Website return visits after extended inactivity (+15 points)
Content engagement after dormancy (+20 points)
Event registration from a contact who went cold (+15 points)
New stakeholders from a dormant account engaging (+20 points)
Industry changes affecting their business that create new legal needs

The difference between a cold call and a warm re-engagement is often just a matter of timing. Lead scoring helps you identify the right moment.

Making This Work Without the Perfect Infrastructure

Most law firms don’t have enterprise marketing automation platforms. Many run on disconnected systems—one CRM (often underutilized), basic email marketing, Google Analytics, and maybe an event management tool. That’s okay. Lead scoring doesn’t require sophisticated technology. It requires intentional data collection, consistency, and discipline.

Start with what you have. CRM data, combined with Google Analytics and your email platform, provide meaningful engagement signals. Even a spreadsheet-based scoring model adds value if it surfaces actionable priorities that BD can act on.

The goal isn’t perfect data science. It’s giving BD a weekly or monthly “hot list” of prioritized targets based on observed engagement—replacing intuition-based outreach with signal-informed prioritization.

Lead Scoring for Law Firms: A Simple Implementation Path

If you’re starting from scratch, take it step by step:

Step 1: Define 5-7 engagement signals you can actually track today with your current tools.

Step 2: Assign point values, weighting high-intent behaviors more heavily than passive engagement.

Step 3: Overlay scoring on your existing target list and
client roster.

Step 4: Generate a prioritized report for BD on a regular cadence—weekly or biweekly works for most firms.

Step 5: Track outcomes. Did BD follow up on the hot list? Did those follow-ups lead to conversations or opportunities?

Then iterate based on what actually predicts success. If certain signals consistently correlate with new matters or expanded relationships, weight them more heavily. If others prove meaningless, deprioritize or eliminate them.

Bridging the Marketing-BD Gap

Lead scoring gives marketing something BD values immediately: prioritized intelligence that sharpens outreach decisions. That’s different from brand campaigns or thought leadership initiatives, which require longer timeframes to demonstrate impact.

Regular “hot list” delivery creates a feedback loop. BD reports what worked—which targets responded, which conversations progressed—and marketing refines the model accordingly. Over time, this builds the case for deeper marketing-BD integration based on demonstrated value rather than theoretical alignment.

The firms that thrive are those that move from siloed functions to shared accountability for pipeline growth. Tracking marketing ROI becomes possible when marketing contributes intelligence that directly influences revenue-generating activity.

Lead scoring won’t solve every alignment challenge between marketing and BD. But it provides a concrete starting point—a deliverable that demonstrates marketing’s value to business development and creates opportunities for ongoing collaboration.

Start with the data you have. Focus on the signals that matter. Deliver intelligence that BD can use. The sophistication can come later. The value starts now.

AI and Law Firm Recommendations: What are LLMs Actually Crawling?

Wed, 01 Apr 2026 13:38:40 GMT

Your ideal client opens ChatGPT and types in “Make me a short list of the best lawyers for [your specialty] in
[your location].”

Will you show up? It’s a complicated answer for many reasons:

The longer one uses a given LLM, the more it tailors responses—and incorporates assumptions about
one’s preferences.

It’s only a matter of time before the companies behind these tools monetize the results. Google AI Overviews
are already doing it.

LLM responses are incredibly inconsistent, even within the same platform. Research shows that there is less than a 1 percent chance that ChatGPT or Google AI will give you the same list of brands in any two responses. Claude is the consistency leader at a whopping 1.65 percent.

There is a considerable Big Law bias that will challenge many small firms.

All of this while experts predict everything from a deflated AI bubble to Skynet becoming self-aware.

At best, assessing AI visibility right now feels like being a meteorologist on the local news: I can tell you the current conditions and look about ten days out. (But a thunderstorm may still pop up tomorrow.) It’s dangerous to rely on sweeping one-size-fits-all “get seen on AI” advice. I saw a statistic last week claiming that something like 96 percent of AI results come from earned media; that’s not accurate.

To understand what the LLMs are looking at—right now—let’s take a look at an actual boutique law firm for which I did this analysis. To eliminate bias, we use special software that rotates IP addresses daily; to provide reliable trend data, it runs thousands of queries.

While every law firm’s context is different, this can help you see the sources LLMs use to recommend lawyers and law firms.

We set up an exercise based on this law firm’s practice areas (i.e., What are the best law firms for XYZ litigation?), and tracked the sources. This shows not only what resources the LLMs rely on, but also how different their outputs can be.

ChatGPT

Favorite source: Wikipedia. ChatGPT referenced law firm pages on Wikipedia in 35.6 percent of queries. No other source topped 9 percent.

Runner-up: Large law firm practice pages. Among the top 20 most frequently cited domains, 16 were law firms, and eight of those were AmLaw 200 firms. On these websites, the LLMs are crawling practice pages, not lawyer biographies or educational content. (This is a marked difference from human habits; your carbon-based lifeform clients will look at biographies more than anything else.)

Rankings: ChatGPT does not rely on rankings. It references Chambers in 4.1 percent of queries, the only lawyer ranking to make the top 20 most frequently cited sources. Legal 500 surfaced in 2.7 percent of answers, and Best Law Firms and Martindale both showed up in 1.4 percent.

Earned media: ChatGPT isn’t bullish on traditional news, either. It referenced a regional legal trade publication in 6.8 percent of answers; a national newspaper in 2.7 percent; and a global news site in 1.4 percent. These were the only three “earned media” sources cited in the top 100.

Wild card: ChatGPT loves lurking on Reddit. It was the No. 11 most-cited source. To be sure, some of the pages ChatGPT cited were dedicated to kvetching about associates, but in this LLM’s eyes, Reddit is a reliable source.

What I’d recommend: If you want to prioritize ChatGPT, I’d tell you to prepare to play a long game and earn a Wikipedia page. For a shorter turnaround and simpler actions, you should align your practice pages to accommodate both humans and robots (and that’s another article).

Perplexity

Favorite source: Awards and rankings, and it’s not close. Perplexity cited Super Lawyers in just more than half (50.7 percent) of all answers. Right behind it: Best Lawyers, with 45.2 percent, and Chambers, with 38.4 percent.

Runner-up: Law firm practice pages. Among the top 20 most frequently cited domains, 12 were law firms. The big-firm bias is a little less pronounced on Perplexity: just three of the 12 were AmLaw 200 firms.

Rankings: As stated above, Perplexity favors rankings more than any other source. The platform tends to steer people toward resources that help them scout law firms on their own, rather than explicit recommendations. Other rankings and roundups in the top 20 include Avvo (27.4 percent); BTI Consulting’s client recommendations (20.5 percent); and Vault (17.8 percent).

Earned media: The only traditional earned media cited was Law360 (in 1.4 percent of answers).

Wild card: Perplexity also likes Reddit; Reddit chats surfaced in 17.8 percent of answers. Unlike ChatGPT, there were zero citations for Wikipedia.

What I’d recommend: For Perplexity, work on your rankings game. I would prioritize Chambers department rankings in the practices and regions that matter most. Keep your lawyers active in Super Lawyers and Best Lawyers voting, and explore paid placements for your most lucrative niches.

Google AI Overviews

Favorite source: There’s a slight edge to law firm websites, but it’s less pronounced than the favoritism shown by the other LLMs to their preferred sources. Among the top five sources, three are law firms; one is Chambers; one is Vault.

On Google AI overviews, small law firms with smart SEO fare better. Of the 13 law firms cited most frequently, only two were Am Law 200 firms. One firm was a sole practitioner. Google AI overviews are more democratic—and reward firms that play Google’s original game.

Runner-up: Legal reference pages took three of the top 10 spots. This includes Vault (31.9 percent) as well as law firm lists maintained by BCG Search (16.7 percent) and BTI Consulting (16.7 percent). Like Perplexity, Google AI overviews often direct users to resources that help them scout lawyers themselves.

Rankings: Google AI overviews rely less on rankings than Perplexity does, but Chambers was the second-most-cited source, appearing in 36.1 percent of all answers. Other industry accolades that appeared: Super Lawyers (15.3 percent); Legal 500 (11.1 percent); Best Lawyers (5.6 percent); Best Law Firms (1.4 percent).

Earned media: Google AI overviews cited earned media more than the other LLMs. Law360 appeared in 22.2 percent of answers, ranking seventh-most-cited, but usage dropped afterward. The ABA Journal, Law.com, and a specific regional legal trade were each cited in 1.4% of answers. (Note that this is the LLM with the highest use of earned media, but it doesn’t approach the apocryphal claim that 96 percent of LLM answers use earned media).

Wild card: Pay-to-play newswires. Google AI overviews treat press releases posted on PR Newswire and EIN Presswire as “news.” Savvy law firms used this to announce rankings in Best Law Firms and major case results.

Interestingly, there were no Wikipedia citations, and Reddit was cited only once.

What I’d recommend: Specific to Google AI overviews, look to build a well-rounded online presence—just as you would for traditional Google results. Consider using paid newswires to share major accomplishments and rankings.

The Bottom Line

There is no magic answer to AI visibility, but this actual case study shows the sources each platform tends to favor.

Without getting into tactical takeaways (which should be based on your firm’s context), here are the two primary lessons:

While there’s no silver bullet to top all of the LLM charts, a well-rounded online presence will help you rise across all of them. Many of these pieces work together; for example, we know that Google AI likes earned media, but ChatGPT favors Wikipedia. What helps you get a Wikipedia page? Earned media mentions.

If it’s worth saying, it’s worth repeating. LLMs pull from varied sources. If your firm ranks Band One in Chambers, it will obviously appear on that site, but it should be on your practice page and run as a newswire item. Demonstrate your firm’s strengths consistently and frequently across a variety of outlets. No one, human or bot, is scanning just one source.

A comprehensive approach and consistent messaging: These fundamentals have been key to effective law firm marketing long before generative AI, and they will be instrumental to your firm’s success with it.

What Makes a Law Firm Business Development Plan Effective?

Wed, 01 Apr 2026 13:31:10 GMT

A well-respected law firm CMO asked me recently: “What makes an effective business development plan for a lawyer?”

At first blush, that seems like a simple question, but the more I thought about it, the less simple it became. I’d be curious to hear others’ views, but I ultimately landed here: An effective business development plan acknowledges the complexity of law firm sales and sweats the details. Call it sales management.

To understand why detail-management matters so much, it helps to look at how sales experts define what we’re dealing with. Miller Heiman, one of the pioneering professional-services sales organizations, defines a complex sale this way (my paraphrasing): it unfolds over months or even years, involves multiple stakeholders, and requires hundreds of interdependent actions. Those actions must be identified, sequenced correctly, and completed on time. Miss or delay one step, and the pursuit can stall. Miss steps often enough, and the whole effort can crater. That’s why, in my opinion, accountability in complex sales must be binary. Every participant is given defined responsibilities, and for each, performance is judged simply by this: You had a task. Did you do it, yes or no?

Consider some of those hundreds of interdependent actions. Did you:

Make the phone call?
Complete a business and competitive intelligence dossier?
Schedule the conference room?
Notice and share information about an industry development?
Monitor the client’s stock price today?
Give to the client’s favorite charity?

Each task is small on its own. Together, they create a level of complexity that demands expert management. No matter how capable or motivated they are, most lawyer ... and, candidly, most professional staff under current firm structures ... don’t have the bandwidth, specialized expertise, or temperament required to oversee undertakings of this scale. But it would be wise to understand and emulate how parallel organizations have addressed the need.

For years, the Big Four accounting firms and major management consulting firms have employed client-facing senior sales managers whose sole job is to oversee complex pursuits and client expansions. These are not junior coordinators, but rather seasoned professionals who design pursuit strategy, sequence actions, assign responsibilities, and enforce deadlines.

Under this scenario, partners, as owners of the business, remain responsible for the legal work and for the overall pursuit, but execution is tightly managed by sales experts and business administrators.

Law firms are now edging in the same direction. Some have invested in client or pursuit managers or senior BD leadership. Others are experimenting at the practice-group level. The direction of travel is clear: complexity demands professional management.

What Most Firms Can Do Right Now

Most firms don’t have Big Four-style sales leadership, and likely won’t anytime soon. But that doesn’t mean they’re stuck. Firm leadership can dramatically improve outcomes by introducing structure and discipline through four practical steps.

First, appoint a pursuit owner. Every major opportunity should have one person responsible for execution: someone who sweats the details and tracks tasks, deadlines, and dependencies. And, if possible, that person should be someone other than an attorney, given the client-service responsibilities that only lawyers can provide and which can create bottlenecks impairing the entire pursuit.

Second, standardize pursuit playbooks. Define required steps for complex opportunities: research, stakeholder mapping, content development, internal reviews, and follow-ups. Make them mandatory and uniform across the firm so that all personnel speak the same sales language.

Third, make accountability explicit. Tasks should be assigned to named individuals with deadlines and measurable outcomes that can be answered “yes” or “no.” No shared ownership. No ambiguity.

Fourth, review every major pursuit. Not just wins and losses, but process shortcomings and successes. Of course, examine what didn’t work: missed steps, unclear ownership, stalled momentum. Then, make room for celebration of what DID work: timely internal reviews, strong cross-practice collaboration, early client engagement, or crisp follow-up execution.

This last point deserves emphasis: professionals involved in the grueling nature of large campaigns can become discouraged during long pursuits. Recognizing successful completion of interim tasks (even seemingly the smallest ones) and moving one step forward at a time creates positive energy, builds momentum, and reinforces the belief that a signed engagement letter, even if still months away, is achievable. Process reviews aren’t just about fixing problems; they’re about sustaining the human beings doing the work.

The Outsourcing Option

Increasingly, firms are outsourcing parts of this work. Standard pursuit components, such as research, competitive intelligence, pitch coordination, CRM hygiene, and even door-opening and pursuit management, can be handled by external specialists. For firms that cannot justify full-time senior sales leadership, outsourcing provides access to the same discipline, absent the headcount. It allows firms to professionalize their sales execution before making permanent investments. And it allows resource-constrained firms, especially small and middle-market firms, to compete effectively as never before.

Artificial Intelligence tools are accelerating this trend. External partners can now leverage AI to accelerate research synthesis, improve consistent competitive monitoring, and streamline CRM maintenance—tasks that once required significant staff time. However, the strategic judgment calls—which opportunities to pursue, how to position against competitors, when to escalate client engagement—still require experienced human oversight. The firms seeing the best results are those combining AI efficiency with seasoned pursuit management, whether in-house or outsourced.

Why BD Plans Fail

Understanding what makes plans effective means recognizing what makes them fail. The most common failure modes I’ve observed include pursuit ownership that’s shared (which means no one owns it), playbooks that exist but aren’t enforced, accountability structures that allow “partial credit” rather than demanding yes-or-no answers, and reviews that only happen after wins or losses rather than continuously throughout pursuits.

The bottom line: the most important component of business development effectiveness is understanding the complexity of law firm sales efforts and ensuring that pursuits and client expansions are guided by discipline and management. The specific mechanism—whether Big Four-style sales leadership, the pursuit of owners with standardized playbooks, or outsourced specialists supported by AI—matters less than the commitment to professional execution.

I’d be interested in other perspectives. What, to you, characterizes effective business development planning? What makes it work…or not?

Value Billing Is Coming And Will Reshape the Legal Industry

Wed, 01 Apr 2026 13:27:58 GMT

For decades, the billable hour has done more than price legal work. It has protected the legal profession from scrutiny.

It has allowed firms to monetize effort rather than outcomes, to reward labor intensity rather than efficiency, and to postpone a harder conversation about what clients are actually buying. That conversation is now arriving. Artificial intelligence, workflow automation, better knowledge systems, and increasingly sophisticated legal operations functions are beginning to reduce the time lawyers spend on many tasks. Once that happens, the hourly model becomes awkward. It reveals too much. It exposes how quickly some matters can now be completed, how unevenly firms are progressing technologically, and how vulnerable certain economics may be.

That is why value billing, alternative fee arrangements, fixed fees, subscriptions, success fees, and hybrid pricing models are no longer side issues. They are becoming a strategic necessity.

Many firms will describe this transition in elevated terms. They will say value billing aligns incentives, improves predictability, rewards innovation, and better serves the client. All of that may be true. But let us also acknowledge the less-advertised reality: value billing gives firms a way to avoid disclosing just how much less time some work may now require.

This shift will not simply alter pricing. It will alter competition, client behavior, law-firm economics, business development, and perhaps even the profession’s structure.

Below are ten trends likely to accompany the rise of value billing.

1. Firms will migrate to value-billing in part to conceal the shrinking time needed to do legal work.

As AI and process improvements reduce the number of hours required to execute legal tasks, firms will have a strong incentive to move away from time-based billing. Under an hourly model, efficiency can reduce revenue. Under a value-based model, efficiency can expand margins.

That is not a subtle distinction. It is the entire game.

The billable hour worked well when firms could plausibly sell time as the core unit of value. But when time becomes easier to compress, it also becomes more dangerous to display. Value billing allows firms to monetize results, judgment, and certainty instead of exposing the diminishing labor required to produce them.

2. Firms with a history of AFAS will market that history aggressively.

The firms that experimented early with AFAs will use that history as a competitive credential. They will describe themselves as forward-thinking, client-centered, and operationally mature. They will argue that they have already learned how to scope matters, price risk, and align incentives.

Some of those claims will be fully deserved. Some will be marketing retrofitted as a strategy. Either way, firms with a prior record of fixed-fee or hybrid pricing will trumpet it loudly, because in the coming market, pricing confidence will signal management confidence.

3. “Value for fees” will become a much more important competitive measure.

For years, many law firms have preferred to compete on reputation, expertise, relationships, and rates, while leaving the phrase “value for fees” somewhat imprecise. That will change.

Once clients become more accustomed to fixed or scoped pricing, they will ask sharper questions. What exactly am I getting? What degree of certainty is being provided? What assumptions underlie the price? How is risk being shared? What process advantages enable this firm to deliver the work at this price point?

In other words, “value” will become less rhetorical and more comparative.

4. AI maturity will create real pricing disparities among firms.

Some firms will be well ahead of others in their use of AI, automation, knowledge management, and matter design. Those firms may know far more about their own delivery economics than their competitors do.

That matters because firms with stronger internal systems can price with greater confidence. They may choose to retain the spread as profit. They may selectively pass savings to clients. Or they may use aggressive pricing to win market share in strategic practices or industries.

Whatever path they choose, unequal AI maturity will produce unequal pricing power.

5. More legal projects may move forward because pricing certainty lowers the client’s resistance.

One underappreciated consequence of value billing is that it may stimulate demand.

Clients often defer or avoid legal projects because the final cost is uncertain. A fixed-fee arrangement lowers that barrier. It makes spend easier to budget, easier to explain internally, and easier to approve. The matter that feels too risky under an open-ended hourly structure may suddenly become manageable when the price is scoped and known in advance.

In that sense, value billing may not merely reprice existing work. It may bring additional work into the market.

6. Client legal planning will become more important.

If firms are going to price work based on value rather than simply recording time after the fact, they will need a much deeper understanding of what is coming. That means more dialogue with clients about business priorities, legal risk, likely projects, timing, staffing, and budget sensitivity.

The accounting and consulting professions learned long ago that periodic client planning conversations were essential. Quarterly meetings with the client in the room were not ceremonial. They were part of the commercial infrastructure.

Law firms will need more of that discipline. Client planning will no longer be optional relationship maintenance. It will become a core input into pricing, staffing, and growth.

7. Consolidation will continue and likely accelerate.

If AI and value billing reduce the legal labor required to handle certain categories of work, the threshold volume of work needed to support existing firm structures may decline. That has consequences.

The accounting profession offers a cautionary analogue. Major market shifts, increasing process discipline, service-line evolution, and relentless client pressure contributed to dramatic consolidation. Law will not follow the exact same path, but it would be unwise to assume immunity.

As value billing expands, firms with better systems, stronger brands, clearer sector positioning, and better cost discipline will gain a relative advantage. Weaker firms will find it harder to sustain margins, justify headcount, and compete for premium work. Consolidation, combinations, and strategic mergers are therefore likely to increase.

8. Marketing and business development investments will rise.

If firms can no longer rely on the passive monetization of lawyer time, winning the work becomes even more important. That sounds obvious, but it has profound implications.

Firms will need sharper market positioning, better industry narratives, more disciplined key-client programs, stronger client listening, more sophisticated pursuit strategies, and better cross-selling. They will need professionals who understand pricing, growth, client experience, and sector-based differentiation.

This is already happening. The firms that view marketing and business development as overhead will be at a disadvantage compared to those that understand these functions as essential to revenue capture in a more competitive, more transparent market.

9. The in-house versus outside counsel balance may shift in both directions.

AI creates a more complicated sourcing question than many assume.

Some legal departments may pull more work in-house because technology gives them greater capacity and lowers the cost of handling repeatable matters. Others may push more work outside because firms with better systems, specialized talent, and scalable delivery can handle that work more efficiently.

The result may not be a simple move in one direction. Instead, work may migrate toward whichever provider—law department, law firm, or alternative legal services provider—can best combine expertise, speed, process, and price certainty.

10. Yet many legal departments may still resist disciplined bidding and continue to “lead-pipe” work.

For all the rational arguments in favor of disciplined sourcing, legal buyers often default to trust, familiarity, and speed. General counsel and senior in-house lawyers frequently send work to firms they know, especially when the stakes are high or the time frame is short.

That tendency may persist. It may even intensify in a period of uncertainty.

So, while value billing may increase pricing sophistication, it may not immediately produce a correspondingly rational procurement culture. Many legal departments will continue to rely heavily on established outside counsel relationships, even while saying all the right things about competition and discipline.

Additional Trends Worth Watching

Three additional developments seem likely:

First, strategic pricing will become a more important leadership capability. Pricing will no longer be a finance-side afterthought. It will become part of the competitive strategy.

Second, legal project management will matter more than many firms currently believe. Under value billing, poor scoping, and sloppy staffing do not merely annoy clients. They destroy profitability.

Third, some legal services will become more productized. Subscription compliance packages, workflow-based regulatory support, managed services, and modular offerings will become more common, particularly where the work is recurring, data-heavy, or operationally repeatable.

Conclusion

The biggest misconception about value billing is that it is just a different way to send an invoice.

It is not. It is a different way of thinking about the product, the client, the economics, and the firm itself. It shifts the focus from effort to outcome, from activity to predictability, from hours to judgment, from internal timekeeping to external value.

Some firms will thrive in that world. They will know how they create value, how they price it, how they deliver it, and how they explain it. Others will struggle because the billable hour has long concealed weak process, weak planning, weak pricing discipline, and weak business development.

The billable hour did not merely measure legal work. It hid a great deal. Value billing will expose it.

California Case Summaries: New California Civil Cases

Wed, 01 Apr 2026 13:23:00 GMT

CALIFORNIA SUPREME COURT

Arbitration

Fuentes v. Empire Nissan (2026) _ Cal.5th _ , 2026 WL 265574: The California Supreme Court reversed the Court of Appeal’s decision, which had reversed the trial court’s order denying defendant’s motion to compel arbitration in an employment case. The trial court denied defendant’s motion to compel arbitration, finding the employment arbitration agreement was unconscionable based on a very high degree of procedural unconscionability (including the agreement’s tiny, blurry print and rushed presentation) and a low-to-moderate degree of substantive unconscionability (including a perceived one-sided carveout tied to later confidentiality agreements). The Court of Appeal reversed and directed the trial court to grant the motion to compel arbitration, reasoning that illegibility goes only to procedural unconscionability and that, properly construed, the confidentiality agreements did not create substantive one-sidedness. The Supreme Court held that format/legibility generally does not itself establish substantive unconscionability, but concluded the Court of Appeal erred by using a pro-arbitration interpretive presumption and by directing an order compelling arbitration rather than remanding. The California Supreme Court reversed and remanded for further trial-court proceedings (including consideration of unresolved validity/assent and related issues) consistent with the clarified unconscionability framework. (February 2, 2026.)

CALIFORNIA COURTS OF APPEAL

Attorney Fees

Chong v. Mardirossian Akaragian LLP (2026) _ Cal.App.5th _ , 2026 WL 63123: The Court of Appeal affirmed the trial court’s order granting defendant law firm’s motion for summary judgment, ruling that although the firm lacked the client’s consent to settle when the settlement was entered, the client later ratified the settlement and that ratification related back, entitling the firm to its full contingency fee (with prejudgment interest). Defendant was awarded $2,761,380.29 in attorney fees plus $522,770.90 in prejudgment interest. The Court of Appeal affirmed, holding there were no triable issues of material fact that the client’s ratification was involuntary (including no sufficient showing of duress or loss-minimization), and also upheld the denial of a motion continuance and the award of prejudgment interest. (C.A. 2nd, January 8, 2026.)

Employment

Spilman v. The Salvation Army (2026) _ Cal.App.5th _ , 2026 WL 35953: The Court of Appeal reversed the trial court’s order granting defendant’s motion for summary judgment in plaintiff’s action alleging wage and hour issues. The trial court granted summary judgment for defendant, holding California’s wage-and-hour laws did not apply because plaintiffs, who performed full-time “work therapy” while enrolled in defendant’s six-month residential substance-abuse rehabilitation program, were volunteers rather than employees due to the absence of any express or implied agreement for compensation. The Court of Appeal disagreed and reversed, holding that while nonprofit volunteers can fall outside the wage laws, the trial court had applied the wrong standard. When the question is whether a nonprofit organization has properly classified a worker as an unpaid volunteer rather than an employee, the nonprofit must establish that (1) the worker freely agreed to work for the nonprofit to obtain a personal or charitable benefit, rather than for compensation, and (2) overall, the nonprofit organization’s use of the volunteer labor is not a subterfuge to evade the wage laws. (C.A. 1st, January 6, 2026.)

Torts

Fisher v. Fisher (2026) _ Cal.App.5th _ , 2026 WL 538717: The Court of Appeal affirmed the trial court’s judgment for plaintiff Todd Fisher, following a jury trial, in a wrongful death action related to the death of his brother Wade Fisher. Plaintiff and his brother Wade had been engaged in a feud with their brothers Brittin and Kent Fisher over the division of their parents’ estate. Plaintiff alleged that Brittin and Kent Fisher falsely reported their mother was missing, even though they knew she had died of natural causes, with the intent to cast suspicion on Todd and Wade, and this act was very upsetting to Wade Fisher who had been sober for 15 years. After this event Wade relapsed and drove his motorcycle drunk with marijuana in his system without a helmet and he crashed and died. The jury found Brittin and Kent liable for negligence and intentional infliction of emotional distress, and they conspired to make false statements to SDPD requiring law enforcement intervention, and acted with malice, oppression, or fraud. The jury found defendants’ conduct was a substantial factor in causing severe emotional distress and harm to Wade. They awarded about $5.1 million to Wade’s estate and $4.3 million to Todd, including $80,000 in punitive damages against each defendant. The Court of Appeal affirmed, concluding that defendants’ intentional infliction of emotional distress could be a legal cause of Wade Fisher’s relapse and subsequent death, and it rejected defendants’ other appellate challenges (including claims regarding curtailed cross-examination and damages). (C.A. 4th, February 26, 2026.)

Trial

Jogani v. Jogani (2026) _ Cal.App.5th _ , 2026 WL 508478: The Court of Appeal affirmed in part (conditionally affirmed and modified in part, and dismissed in part) the trial court’s judgment, following a five-month jury trial, in favor of brothers Shashi Jogani, Rajesh Jogani, and Chetan Jogani related to their claims of ownership in the family’s diamond and real estate partnerships, awarding declaratory relief and compensatory damages, punitive damages, prejudgment interest, and related relief totaling about $6.85 billion against Haresh Jogani and related entities. The Court of Appeal ruled that defendants failed to show reversible error on most issues raised on appeal. However, it concluded the trial court abused its discretion in admitting an undisclosed damages-expert opinion regarding approximately $1.98 billion in alleged lost profits, so it conditionally affirmed the judgment and ordered through remittitur a reduction of economic damages relating to the real estate partnership for the purported $1.98 billion in lost investment profit. If any of the prevailing parties do not agree to the reduction, then the Court of Appeal reversed and remanded for a new trial as to that individual’s economic damages arising out of the real estate partnership and his punitive damages. The Court of Appeal otherwise affirmed the judgment. (C.A. 2nd, February 24, 2026.)

San Diego, March 2026

Tue, 03 Mar 2026 14:47:14 GMT

Orange County, March 2026

Tue, 03 Mar 2026 14:46:38 GMT

The Underdog's Advocate

Tue, 03 Mar 2026 14:45:54 GMT

Contact

Banner Attorneys, APLC

25950 Acero, Suite 200

Mission Viejo, CA 92691

855-411-2266

bannersgotyourback.com

After surviving a devastating crash himself, Brian Banner built a law firm rooted in discipline, gratitude, and an unwavering commitment to clients who need someone truly on their side.

"I believe firmly that we stand out more than anyone else in our total focus on our clients. It’s easy to say ‘we put the client first, ‘but our testimonials across the board prove it. Many people sign with us rather than bigger law firms because they feel like they know us and they’re confident they’ll get the attention they deserve and need,” says Brian Banner, founder of Banner Attorneys, APLC.

In 14 years, the firm has grown from a single attorney working from his kitchen table to an office with two attorneys and nine support staff ranging from receptionists to paralegals.

In addition to high-dollar verdicts and settlements, Banner finds genuine rewards in helping people who are suffering and in serious need of professional help. One of his cases involved a single mom who was a teacher seriously hurt in an accident. Her recovery required extensive neck surgery. The firm’s efforts resulted in the woman receiving a $1.5 million settlement. She moved to the Inland Empire and purchased a home for her and her daughter, where they are living a safe, stable and happy life. “If you want to define a ‘feel good moment,’ that’s it,” he says.

Banner says, “We are a law firm, but we are really in the people business. Every day and with every client we prove that lawyers are good people, too. It’s funny, but I hear from a lot of people that they’re shocked I’m a lawyer in the sense that I’m just a normal guy. I’m a regular guy; I just happen to go to law school. So, I’ve got a little bit of information, education to help them. That’s where I focus my practice—on people.”

“Facing a sudden life-changing motor vehicle collision is one of the most stressful things I’ve experienced. I’m 48 and have never hired an attorney. I am so glad that I did. My advice if you find yourself in this situation is to contact Banner Attorneys immediately so you feel supported and can put your energy into healing and getting your life back in order. Their team is caring, personable, responsive, and will be on your side.” —Rebecca P.

Brian Banner, Founder

A Sucker for the Underdog

“I’m a sucker for the underdog. I get that from my parents,” Banner says. He grew up in a blue-collar family that moved around a bit before settling in Redlands in the Inland Empire. He inherited his dad’s concern for the less fortunate. Once while in the drive-through of a fast-food restaurant, his father saw a bully harassing a street person. His dad got out of the car and chased away the bully. His dad was also one of those men who were always working. When not on the job, he worked in the yard, worked on the family car, and took care of whatever needed care. Watching and sometimes helping his dad taught Banner not only the value of work but the discipline necessary to do the work consistently and professionally. His care for people as people comes from his mother, who taught him the value of nurturing others.

Empathy From Personal Experience

That compassion came naturally, but a traumatic personal experience at age 30 rammed home the message. Two weeks before taking the bar exam, he was in a bad automobile collision. A 17-year-old driving a white Jetta in a 35mph zone crashed head-on into Banner’s car. The airbags inflated, a protein shake spilled from its cupholder and was dripping from the ceiling, and the smell of smoke choked him. He made it out of his vehicle and sat down on the curb, dazed and jittery.

At first, he thought he was bleeding and that his car was on fire. The immediate trauma turned into long-term back, neck and shoulder pain. He also had burns on his left arm from the airbag deployment. He had a torn labrum in his left shoulder that needed surgery. His recovery required epidural injections, acupuncture and other treatments. The accident and recovery gave Banner insight and an in-depth look at the experiences many of his clients go through.

Recovery alone is exhausting. Combined with dealing with insurance companies and the legal system dramatically adds to that stress. Banner says, “I can be a little more patient and understanding. I tell them I’ve gone through medical procedures that are similar to some they have experienced. That wreck was, in a way, the famous blessing in disguise because the experience helped me to better understand them and what they’re going through. I’ve been there, I tell them, and that helps create a genuine bond.”

The Banner Attorneys team.

Never Wanted to Be a Lawyer

Banner never wanted to be an attorney. He was active in sports in high school and was offered a baseball scholarship to California State University, Northridge. He turned it down to go on a two-year mission where he served in Barcelona, Spain, where he became fluent in the language. After serving his mission, he attended UCI, where he earned a degree in Spanish literature and language.

While working at a bank, he met an attorney who offered him a job. He accepted and learned he enjoyed meeting clients, claims adjusters, doctors and others in and related to the legal profession. “It was exciting. Litigation in the courtroom was like a sport. I thought ‘I can do this,’ but I was intimidated about going to law school.” He held back after graduating and spent two years selling real estate at an age-qualified community in Nevada. He soon realized that he was following the wrong career path. He was married with two children at the time.

He was accepted at California Western School of Law, which offered a two-year program. One of his most important lessons was learned in a class on property in which the instructor taught him the importance of recognizing that there are always two sides to every story. “I take a very methodical approach to a case, and to me, really understanding the other side’s position is essential to success on our side of the table. That insight stuck with me and has been invaluable,” he says.

Banner soon found work with a large firm, but just as soon found he was not suited for that environment. The work did not provide a sense of fulfillment. He wanted to experience really helping people in genuine need. “Life in a big organization was all about getting clients and getting fees, and not so much about taking care of clients and getting good results for them. I thought, ‘Is this what I really want to do with my law degree?’ It just didn’t feel right, so I decided to open my own shop and serve clients the way they deserve to be treated.”

The transition came with challenges. The biggest was creating, organizing, and managing an efficient and effective law firm with, as many young attorneys discover, no base in the business side of managing an organization. Suddenly, he was faced with a need for business forms, equipment, phone systems, networking, being his own receptionist and secretary, finding and hiring suppliers and staff, and promoting a law firm in a competitive environment.

“I had no clue what I was doing and, at first, it was scary to say the least. I realized if I stuck to my core values, maintained discipline, and continued to treat people as individual persons and not numbers, I would succeed,” he says. Fortunately, those ten years when he had worked in a law firm paid off handsomely. He already had a head start on learning how a law office should be set up, how it should be run, and how to be both an attorney and a boss.

The firm’s record of achievement in personal injury proves Banner’s point. For example, in recent years they have recovered more than $10 million in verdicts and settlements. Cases include such successes as a $650,000 auto accident settlement, a $300,000 premises liability settlement, a $250,000 property damage settlement, a $240,000 car accident settlement, and a $100,000 auto accident, which was the policy limit.

Banner is not a micromanager. He prefers to hire talented people who are self-motivated to succeed through serving clients and coworkers. “I set a good example, teach them what to do, and then let them use their unique skills. I may tweak something here and there along the way, but basically, I get out of the way and let them do what they do best—win.” His personal philosophy is to always look at the big picture. Living the “attitude of gratitude” lifestyle is a core value. “Every day can bring its own set of challenges, but if we focus on what we’re grateful for, the good things that are going on, then the bad things can’t overwhelm us. Some of my hardest days are my most rewarding days because those challenges hand me puzzles to put together and fix.”

Brian with his beautiful wife and inspiration, Sindy.

The Almost Dog Bite Case

Occasionally, a personal injury case breaks out of the arena of tragedy and trauma and enters into the realm of comedy. Banner’s success in what he calls his almost a dog bite story illustrates the sometimes-humorous side of a very serious practice area.

His client lived with his son next to a neighbor who had an aggressive dog. The neighbor repeatedly warned the client against entering the man’s backyard. “My dog is dangerous. He could kill you,” and other disturbing warnings were given. The client took those warnings to heart. One day, as the father and son were returning from a trip and as they crossed the neighbor’s front yard, they saw that the dog was on the neighbor’s front porch. The dog leaped up and ran ferociously toward the now panicking father and son.

Instinctively, the father shielded his son and, in doing so, tripped over the sidewalk, fell back, and shattered his elbow. Just as the dog was about to reach them, a chain jerked him back. The dog would never have reached them—something they could not possibly have known at the time. The neighbor’s insurance company claimed the neighbor was innocent of any damage because the dog was chained. Banner noted that the neighbor had repeatedly warned them of the danger the dog presented and that the father’s reaction was a normal outcome because he was unaware of the chain. The fear was legitimate and the harm a natural result of the neighbor’s negligence. The case settled for $155,000.

Looking Ahead

Banner has expanded his firm with offices in Fontana and Hemet. He and his team are committed to the people and the communities they serve. His Banner Athletes supports disadvantaged youth through athletic events and races. Every fall, they host soup kitchens. They are involved in the Miracle for Kids program, which sponsors families in dire need. Members of the team go to the donation warehouse and pitch in on wrapping presents and other duties. They have been a financial sponsor for Mission Viejo High School. They sponsor the FFA program out of the new Hemet office. They are also making specific efforts to reach out to the Latino community. Banner and two-thirds of his staff are fluent in Spanish.

Banner is an avid golfer and softball player. He enjoys Latin music and country and western. He and his wife Sindy are the proud parents of three sons and three daughters. They enjoy pickleball together, the beach, following the Angels baseball team, and traveling, especially to Latin American countries.

“I’m a big believer in karma and just being good. And I feel like I’ve been extremely blessed and taken care of by treating people the way I’d want to be treated. A lot of really good people have their lives turned upside down. And all they need is somebody to really treat them like a person, listen to them, and just give them the best care and compensation you can.”

The Underdog's Advocate

Tue, 03 Mar 2026 14:45:18 GMT

Contact

Banner Attorneys, APLC

25950 Acero, Suite 200

Mission Viejo, CA 92691

855-411-2266

bannersgotyourback.com

After surviving a devastating crash himself, Brian Banner built a law firm rooted in discipline, gratitude, and an unwavering commitment to clients who need someone truly on their side.

In 14 years, the firm has grown from a single attorney working from his kitchen table to an office with two attorneys and nine support staff ranging from receptionists to paralegals.

Brian Banner, Founder

A Sucker for the Underdog

Empathy From Personal Experience

The Banner Attorneys team.

Never Wanted to Be a Lawyer

Brian with his beautiful wife and inspiration, Sindy.

The Almost Dog Bite Case

Looking Ahead

What Does the Return of Bonuses Say About Competition For Top Talent?

Sun, 01 Mar 2026 17:15:18 GMT

Last year saw the return of special and signing bonuses in the US legal market, signaling sustained competition for elite legal talent. Rather than indicating a broad-based hiring surge, this trend is in fact indicative of a laser-guided recruitment strategy in which firms are willing to pay significant premiums for attorneys with very specific expertise.

While there are many corporate lawyers working in major cities, the proportion with this very defined skillset is small, so they can effectively name their price. Based on what we have observed in recent months and the hiring activity of the top firms, I certainly believe this trend is one which will continue for the foreseeable future. What seems to have happened is that those firms were all looking for the best people at the same time, so inevitably that creates considerable competition. This means that those associates were in a very good position to obtain big signing bonuses.

The years following the pandemic were two of the best ever in the legal recruitment industry. This could be very obviously explained by so much activity being shut down during Covid and then rebounding with such an unprecedented surge. For reasons that are harder to pin down, there is almost a similar level of confidence in the marketplace now, which started toward the end of last year and still prevails. The offers we are seeing are almost reaching the level of the post-Covid flurry, when it was almost impossible to fulfill the demand.

While M&A was not as busy last year because of geopolitical issues like the tariffs implemented by President Trump and the ongoing conflict in Ukraine, that seems to have smoothed over. Interest rates appear to be coming down, and we are in a period of high investment. There are multiple explanations. But regardless of the exact reasoning, as a result of that improvement in confidence, deals are happening again, so there is going to be real demand in both leveraged finance, M&A and funds.

Looking ahead, the market for the best attorneys at the top 20 firms in New York is likely to remain incredibly competitive in these high-demand practice areas. Recent market activity has seen multiple offers exceeding $100,000, highlighting how competition for experienced attorneys is approaching the levels last seen in 2021 and 2022.

Firms are hiring more senior people than before, and the shrinking pool of suitably experienced senior associates and counsel is intensifying pressure on firms to secure talent earlier and at higher cost. I think it is perfectly possible that this sign-on bonus figure could rise still higher for certain people. Although $100,000 is a high number and not that common, we have seen a few rare instances in which bonus offers have exceeded $125,000. It is hard to envisage signing bonuses increasing beyond that, but we generally see more offers having sign on bonuses then not.

Despite the apparent reluctance among firms to create an escalating bidding war, clearly the level of experience of the candidate might give them even more sway when negotiating a signing bonus with a firm desperate for a very tailored acquisition.

Senior associates, counsel, and non-equity partners (NEP) are also in higher demand right now. The effect of this is that lateral moves and step-ups have been made more accessible for the right candidates, particularly where firms are prepared to be flexible on role and title.

Beforehand, firms were less inclined to take people on at senior level, or even senior associate level. They would typically be looking for a two to six-year associate. Traditionally, the reason for this is that anyone above that six-year threshold would be getting closer to partnership level, which evidently brings its own risks. They wanted people at the mid-level because they are not too expensive; they are also at a stage in their career in which they can be molded and trained according to a firm’s particular demands and structure.

Today, however, given the intensity of the competition between these top firms, there is more willingness to take on people already in senior positions. It comes down to the simple necessity of having to deal with the workload and having the ability to further grow their practices.

Firms are much more flexible about paying massive incentives simply to get these prized assets through the door. Candidates have considerably more leverage than they would have done if they were just desperate to move. When it is a case of an attorney being willing to jump at anything, the firm holds all of the cards.

But in a marketplace as busy and tight as this one, the candidate or the associate tends—in many cases—to be able to assert much more bargaining power. So, they’re able to be a bit more aggressive with their negotiations and more straightforward. Plainly this can give them the platform for obtaining much better offers.

At the same time as changes in the hiring environment, we have also been observing structural changes to partnership tracks at different firms. This too is playing a significant part. Different firms are putting different structures in place to create alternative progression pathways.

Based on this evolving template, candidates can increasingly weigh the relative value of early partnership titles versus more substantive routes toward equity elsewhere. For example, Kirkland and Ellis promotes attorneys to partner at the seventh-year level, but for some candidates this milestone carries less weight, as it is widely viewed as an expected progression within the firm.

As a result, some attorneys choose instead to move to another firm as a non-equity partner, where the role may represent a more substantive and credible step towards equity. Historically, prior to this uptick in activity of the last two to three years, there was only a limited selection of promotional pathways for associates. For example, at a firm like Kirkland, from associate to non-equity partner to equity partner.

Alternatively, you could stay as an associate for eight years and then try to make partner or become a counsel and then a partner. These were the only real routes. Now, however, so many different firms have so many different pathways. Some firms are now promoting attorneys to counsel at seven years, to non-equity at nine years, and then equity at 11 years. Others are just going for straight equity partner after seven years.

The natural implication of this is that if an associate doesn’t like the structure that they’re on at their current firm, there is a much broader variety out there to pick and choose from. If they are unhappy in their role, this wealth of options provides them with infinitely more choice. It is no longer a case of complaining but sucking it up because you are entrapped by an inflexible promotion structure.

This broad hiring phenomenon looks set to proceed at the same rate in the first half of this year. Firms are still being very aggressive, and there are no immediate signs of that stopping. When you have surges in the core markets of finance and M&A in particular, other areas such as tax also start to become busy because they are effectively a side-product of the substantive corporate work. There is, therefore, a high chance that these secondary areas might increase their level of activity, further bolstering the need for firms to make the right hires at associate level. I cannot envisage any immediate slowdown.

Does Your Law Firm Need a Logo?

Sun, 01 Mar 2026 17:13:23 GMT

You never get a second chance to make a first impression. And in these days of increasingly short attention spans, the opportunity to make that first impression is often only a few seconds. During those fleeting moments, your law firm logo does some heavy lifting. Yet many law firms give little attention to the image that introduces, and represents, them to the world. That’s a lost opportunity.

What a Law Firm Logo Is (and Isn’t)

A law firm logo is more than just decoration; it’s communication. In a sense, it is your firm’s signature, a consistent, recognizable endorsement. In law, even more than other professions, clients choose firms they trust. Your firm’s logo is a visual signal of your law firm’s credibility, trustworthiness, and reputation.

Your logo is an important component of your branding, but it is not your brand. The logo is a symbol, while the brand is the meaning that the symbol evokes: your law firm’s values and culture, and the emotional response that people have to the firm. In short, your law firm logo is a visual anchor, calling to mind what your firm means to people every time they see it.

A logo is the nucleus of the visual representation of your brand. As such, it’s a springboard for other elements of your visual brand, including color palette and typography. When it comes to designing a law firm website, a strong logo is like a painter having a full set of brushes at their disposal, opening up a world of possibilities for expression. A weak, bland, or uninspiring logo is like having a single broken brush: it’s possible to be creative within those constraints, but your options will be limited.

Given the importance of a logo to the development of a visual brand, it’s important to understand just what goes into an effective logo.

Anatomy of a Law Firm Logo

Logotype/Wordmark

Unless you’re a mega-brand like Apple or Nike, your law firm’s name generally needs to appear in your logo. When the name is included in your logo, this is often referred to as the logotype, or wordmark.

The logo designer will select a font that evokes your firm’s brand, or perhaps a combination of fonts, for your firm name. Once you have a font selected for your logo, you’ll be able to reuse that font across all of your written communications. For your website, we’ll use that font and find complementary fonts that match it.

Many law firm logos consist only of the logotype. This can work well if you’re an established name in your field, have a unique firm name, or otherwise are less concerned with marketing for your firm.

Logomark

A logo often has an illustrated or designed visual element, called a symbol or logomark. In addition to giving the logo visual interest, the logomark can hint at the firm’s personality.

Perhaps the logomark is an abstract design. Or maybe it’s a bold way of framing the partners’ initials. Some law firms include an image in their logomark that serves as a metaphor for the firm’s approach to practice, like a lighthouse that shows the firm can help a client navigate through the storm of a lawsuit. No matter what the final look is, it should be consistent with the image the firm wants to present.

Tagline

A tagline might appear in a logo to provide an additional text description of the firm. A tagline could simply state the focus of your practice (“Real Estate Attorneys”), or it might be a more marketing-heavy phrase that highlights your firm’s values (“Client-Focused Advocacy”). For newer law firms, or firms that are focused on marketing, we recommend having a tagline along with the logo to make it clear to potential clients that they’re in the right place.

Logo Variations

It’s likely that one iteration of your logo isn’t going to meet all your needs. Depending on how much active marketing your firm is involved in, you might need horizontally and vertically oriented versions of your logo. You may want a black and white rendering, one that can work on light backgrounds or dark backgrounds, resized versions for social media, etc.

While they won’t be identical to one another, they should be similar enough that someone seeing any variation of your logo will instantly understand its connection to your firm. There are innumerable ways variants of your logo might be reused, including:

Website
Email signatures
Zoom/Teams backgrounds and virtual meeting assets
Letterhead and envelopes
Proposals, pitch decks, and presentations
Informational brochures
Newsletters and firm announcements
Exterior and interior office signage
Client portals and document management systems
Merchandise and promotional items
Event materials

Having a clear idea of the components of the logo, as well as having the design files on hand, will allow your designer to quickly create what you need. The repetition of your logo on various media creates a cohesive, professional image for your firm.

Every Law Firm Has a Logo (Intentionally or Not)

Fun fact: just because you didn’t design a logo doesn’t mean you don’t have one!

If you think your law firm doesn’t have a logo, here’s some unfortunate news: as soon as you picked the font for your letterhead or business cards, you also took the first step to designing your firm’s visual identity.

Like it or not, using Word’s default font constitutes a decision on how you want to present your firm to the world. Since clients, colleagues, and the public are going to form a visual impression of your firm no matter what you do (or don’t do), you might as well purposefully shape that impression.

If you’d prefer not to have a logo-by-default, it might be time to contact a logo designer!

Do I Really Need a Logo Designer?

You don’t technically need a design professional to create your logo, in much the way you don’t technically need a barber to cut your hair: you can do it yourself, but you might not like what the result says about you.

There are three primary reasons we recommend that attorneys work with a professional designer on their logo:

Cost-Effectiveness

Almost always, your time is better spent on billable work than design work. If you don’t have experience in this area, you could lose valuable time wading through options and jargon, not to mention learning the software and file types needed to create a professional-looking image that’s usable on the web.

A professionally-designed logo also ages better and requires fewer redesigns. It makes future marketing easier, and reduces your costs in the long term.

Intentional, Strategic Design

A professional designer doesn’t begin with visuals; they work to understand your practice area, client profile, tone, and style. They take into account your preferences and build from there. An experienced designer also understands how a logo will appear in print versus digitally; how to make a logo legible at all sizes, and how to use typography to signal trust, sophistication, or other traits. In short, they’ll ensure that your logo looks right and truly represents your firm’s brand.

Consistency

When you work with someone to design a logo, the goal is to be able to use that logo for many years, and for many needs. When you work with a skilled designer, especially one associated with an agency, you get a system, not just an image. There are color rules and font standards that prevent “drift” in your logo image over time. If you discover a new need or use for your logo, your designer will have the files on hand to make it happen.

Remember the purpose of your logo: to create a positive impression of your firm in the eyes of those who encounter it. Working with a professional designer on your logo is an investment in your firm’s image and brand.

Key Takeaways

Your law firm logo makes a critical first impression on viewers
A logo may be composed of a logomark, logotype, and perhaps a tagline
You will probably need variations of your logo for various digital media, print collateral, and promotional items
If you don’t intentionally create a logo, your font choices will serve as your “default” logo
An experienced designer can help you express your visual brand professionally, consistently, and cost-effectively.

Why Ignoring AI Search Visibility in 2026 Is Your Firm’s Most Expensive Mistake

Sun, 01 Mar 2026 17:07:45 GMT

The rules of digital visibility have fundamentally changed, and most law firms are still following the old playbook. AI search engines like ChatGPT, Perplexity, and Copilot now handle a ton of queries monthly. If your firm isn’t showing up in AI-generated answers, you’re invisible to a rapidly growing segment of your target market.

The cost of ignoring AI search visibility will be detrimental to your law firm’s growth. The time is now to invest in the future of your firm by paying attention to AI and ensuring that your firm is showing up.

The Search Behavior Shift Already Happened

Across the legal industry, firms that spent years building their organic search presence are watching their traffic numbers drop, despite maintaining the same content quality and SEO best practices that previously delivered results. The culprit isn’t a Google algorithm update or increased competition. It’s the rise of zero-click searches and AI-powered answers that resolve queries without users ever needing to visit a website.

Consider the typical client journey that law firms have relied on for years: a potential client searches “how to file for divorce in California,” clicks through to a law firm’s blog post, reads the content, and eventually contacts the firm. Today, that same searcher asks ChatGPT or uses Google’s AI Overview and receives a comprehensive answer instantly. The search ends there. No click. A Pew Research study found that when Google users don’t see an AI-generated summary, they click on conventional search result links roughly 15% of the time. In contrast, users who are shown an AI summary tend to stop there. In fact, just 8% of users continue scrolling to click on standard search results.

The Competitive Window That’s Closing

Right now, AI search optimization is still a frontier, and the firms that move quickly have a genuine first-mover advantage. But this window won’t stay open and is rapidly closing as time goes on. Every day, more legal marketing teams recognize the shift and start investing in AI visibility. The firms establishing themselves as authoritative sources in AI responses today are creating a competitive advantage that will be nearly impossible to overcome later.

Why Early Movers Are Building Lasting Advantage

AI-engines are still in their learning phase when it comes to legal queries. They are actively identifying which sources demonstrate genuine expertise, which firms provide reliable information, and which legal professionals deserve to be cited as authorities. The firms establishing themselves as trusted sources right now aren’t just capturing today’s opportunities; they’re becoming the default citations that AI models will rely on for years to come. Each time your firm appears in an AI-generated response, it reinforces your authority in the model’s understanding, creating a compounding effect that becomes increasingly difficult for competitors to disrupt as these platforms mature.

Additionally, the same content strategies that build “traditional” SEO authority, such as demonstrating expertise, establishing trust signals, and creating genuinely valuable content, are exactly what Ai-engines prioritize when determining which sources to cite. This means firms that invested heavily in quality content, thought leadership, and digital authority already have a significant head start. They have the domain strength, media mentions, and content depth that AI models recognize as credible. Meanwhile, firms that neglected these strategies will need to build both traditional authority and AI visibility simultaneously.

The gap between leaders and laggards will only continue to widen. Early movers are currently training AI platforms to associate their firms with specific practice areas and legal expertise. As these associations solidify and AI models refine their understanding of which sources to trust, breaking into the citation pool becomes exponentially harder. The firms acting now are locking in a lasting competitive advantage because they established authority during the critical window when AI search was still determining who the trusted voices in law actually are.

What “Waiting to See” Actually Costs

Every day you delay optimizing for AI visibility, your competitors’ content is being indexed, analyzed, and cited by AI platforms while yours remains invisible. Each month that passes allow early-moving firms to deepen their authority signals, accumulate more citations, and strengthen their position as the default recommendations in your practice areas. While you’re waiting for more data or clearer best practices, they’re building an AI visibility foundation that will keep you locked out.

The truth is, potential clients are using ChatGPT and other Ai-engines to research legal options right now. The cost of “waiting to see” will be felt in fewer potential new client opportunities and lost revenue.

Why Your SEO Strategy Needs to Evolve (Not Be Replaced)

While traffic may never be where it used to be because of AI and how it’s reshaping the search landscape, your lead volume and quality should be increasing with guidance from an evolved SEO strategy that takes into account AI visibility.

Good SEO Is the Foundation for AI Visibility

At 9Sail, we like to say good SEO is good GEO (generative engine optimization). The same fundamental principles that drive organic rankings are exactly what determine AI citations:

Authoritative content
Clear expertise signals
Technical quality
Trustworthiness

If your firm ranks well in traditional search, you already have many of the building blocks AI platforms prioritize.

What “AI-Ready” SEO Looks Like

Ai-engines don’t crawl content the way traditional search engines do; they interpret it, synthesize it, and decide whether it’s worthy of citation. That means the structure and format of your content matter as much as its quality. With that said, AI-ready content is built for direct answers. Examples of this include FAQ formats that clearly pair questions with comprehensive responses, headers that frame issues the way potential clients actually ask them, and formatting your content in a way that makes it easy for AI models to extract and attribute specific insights (for example, bullet points and concise paragraphs).

Additionally, schema has evolved from an SEO nice-to-have to an AI-visibility necessity. Implementing structured data like Legal Service, FAQ Page, Attorney, and Organization schema helps Ai-engines understand exactly what your firm does, what questions your content answers, and why you’re an authoritative source.

The Measurement Gap Most Firms Don’t Know Exists

Law firms have spent years perfecting their ability to track Google rankings by checking keyword positions, monitoring organic traffic, and tracking conversions. But when it comes to AI visibility, most firms are flying completely blind. You can’t simply log into a dashboard to see if ChatGPT recommended your firm, check your ranking in Perplexity’s results, or monitor how often Claude cites your content. The tracking tools and measurement systems that became standard for traditional SEO simply don’t exist yet for AI search, leaving firms to either conduct time-consuming manual research or operate without any visibility into their AI presence whatsoever.

Right now, Google Analytics 4 can show you referral traffic from Ai-engines when users click through, but it tells you nothing about citation frequency, the context in which you were recommended, or the queries where you’re invisible. You’re measuring a fraction of the picture while making strategic decisions as if you see the whole landscape.

While there are a handful of AI search visibility tools, many that have come out are still in testing phases or don’t necessarily have all the information needed to make true data-driven decisions. Additionally, they can be quite expensive, especially for firms with smaller marketing budgets. A trustworthy GEO partner like 9Sail can help bridge the measurement gap for law firms when it comes to AI visibility.

The Decision Framework for Your Firm

Before deciding whether AI visibility deserves your attention, ask yourself the following questions:

Do you know if AI platforms currently recommend your firm?
Is your content structured to be cited, or just to rank?
Are you measuring AI visibility alongside traditional
SEO metrics?

If you answered “no” to any of these, you’re operating blind in a channel that’s already reshaping how clients find lawyers. The firms that will dominate AI search in 2026 and beyond are building on strong SEO and GEO foundations today, not waiting for proof that it matters.

California Courts Send Clear Message: AI Shortcuts Have Serious Consequences

Sun, 01 Mar 2026 17:04:20 GMT

When a Nevada County prosecutor cited three completely fabricated cases in court—and then blamed “scrivener’s errors”—the California Supreme Court had seen enough.

The unanimous decision in Kjoller v. Superior Court of Nevada County marks a turning point in how California courts will handle AI-generated hallucinations in legal filings. Combined with the recent passage of SB 574 by the California Senate, the message to practitioners is unmistakable: the era of plausible deniability for AI mistakes is over.

The Case That Changed Everything

The facts in Kjoller read like a cautionary tale written specifically for the AI age. A Nevada County District Attorney submitted a response brief citing eight cases. Three didn’t exist at all. Three more existed but said nothing resembling what the DA claimed. Even a cited constitutional provision was irrelevant to the point being argued.

When opposing counsel discovered the fabrications and filed for sanctions, the DA’s response made matters worse. First came a phone call claiming she was just “going too fast in her research.” Then came a brief characterizing wholesale fabrication as “scrivener’s errors”—the legal equivalent of claiming the dog ate your homework.

The Court of Appeal twice denied sanctions motions without explanation. But the California Supreme Court wasn’t buying it. In a unanimous order, the Court directed the Court of Appeal to issue an order to show cause why sanctions should not be imposed. More significantly, the Court gestured to the civil referee process governed by California Code of Civil Procedure §§ 638-640 as a mechanism for the trial court to investigate and resolve the matter—essentially green-lighting a formal inquiry into whether the DA had relied on AI hallucinations.

The Cover-Up Makes It Worse

The Supreme Court’s decision to recommend a referee appointment signals something crucial: how attorneys respond after discovering AI errors matters as much as the errors themselves.

The Court was clearly influenced by: United States v. Hayes, where the Eastern District of California sanctioned an attorney who also blamed “hasty” drafting for AI hallucinations. That court didn’t just impose monetary penalties—it ordered the sanctions notice be sent to every state bar where the attorney was licensed and to every judge in the district. A permanent, public record of professional failure.

Kjoller follows the same trajectory. By denying responsibility and offering implausible explanations, the DA transformed a correctable mistake into an ethics investigation that could result in career-altering consequences.

The lesson is stark: attorneys who immediately acknowledge AI errors and take corrective action face manageable consequences. However, those who deflect, deny, or minimize face investigations, public embarrassment, and escalating sanctions.

The Myth of “Reliable” Legal AI Tools

Many practitioners assume that premium legal research platforms are immune to AI hallucinations. The data tells a different story.

Research presented in the Kjoller petition reveals that AI tools from LexisNexis and Thomson Reuters—the gold standard names in legal research—hallucinate between 17% and 33% of the time. These aren’t experimental startups; these are established platforms with decades of credibility. Yet one in five citations generated by their AI tools may be fabricated.

For context, general-purpose models like ChatGPT hallucinate legal queries between 58% and 88% of the time. The specialized tools are better, but not reliable enough to justify blind trust.

A fabricated case is misconduct regardless of which platform generated it. The glossy marketing materials and brand recognition of premium vendors don’t change that fundamental reality. As the Kjoller petition states plainly: “using AI to generate briefing without carefully cite checking the drafts often will result in the citation of fabricated authorities, which is misconduct.”

Law firms cannot outsource verification responsibility to technology vendors. If anything, AI-generated research demands more scrutiny than traditional methods, not less. Every citation must be independently verified, every case read in full, every proposition confirmed against the actual source material.

This Isn’t Just About Criminal Law

Kjoller involves criminal defense, where AI hallucinations can have “horrific, life-shattering consequences” for defendants facing incarceration. The stakes in criminal cases naturally heighten judicial concern.

But the California Supreme Court’s reasoning applies with equal force to civil practice. The Court’s message transcends practice areas: submitting unverified AI outputs to any court invites significant sanctions, including formal investigations into your competence and ethics.

The fundamental obligations haven’t changed. Attorneys must present truthful information to courts. They must conduct adequate research. They must verify their sources. AI hasn’t automated these responsibilities away—if anything, it’s placed them under a microscope.

The Legislature Moves to Codify Verification Requirements

Two weeks after Kjoller, the California Senate passed SB 574, which would require attorneys to take “reasonable steps” to verify all AI-generated materials, correct hallucinations, and remove biased content. The bill also prohibits inputting confidential client information into AI tools and bars arbitrators from delegating decisions to AI.

SB 574 was modeled after existing judicial AI rules and a recent sanctions case—but the timing and substance align perfectly with Kjoller’s themes. The trend is unmistakable: courts are sanctioning lawyers for unverified AI output, and legislatures are moving to make verification protocols mandatory.

Whether SB 574 becomes law or not, the writing is on the wall. Practitioners who wait for formal legislative mandates are already behind. The standard of care is being established now, case by case, sanction by sanction.

What Practitioners Must Do Now

The implications of Kjoller and the legislative momentum behind SB 574 demand immediate action:

Implement mandatory verification protocols. Every AI-generated citation must be independently verified. Every case must be read in full. Every legal proposition must be confirmed against original sources. Make verification a required step in your quality control process, not an optional safeguard.

Apply equal scrutiny to all AI tools. Don’t assume premium platforms are hallucination-proof. Whether research comes from ChatGPT or LexisNexis AI, the verification requirements are identical.

Train your team. Ensure everyone using AI tools understands both the technology’s limitations and the professional consequences of submitting fabricated authority. Make it clear that “I didn’t know” isn’t a defense.

Own your mistakes immediately. If you discover AI hallucinations in filed documents, acknowledge the error promptly and file corrections. The cover-up is worse than the crime.

Protect client confidentiality. Never input confidential information into AI tools unless you have explicit protocols ensuring compliance with ethical obligations.

The California Supreme Court and Senate have made their positions clear. AI is a tool, not a substitute for professional judgment. Attorneys who treat it as such will benefit from its capabilities. Those who use it as a shortcut will face consequences that could define their careers—for all the wrong reasons.

Who Should You Promote Within Your Law Firm?

Sun, 01 Mar 2026 16:57:16 GMT

Deciding who to promote inside a law firm is one of the most important leadership decisions you will make. Promotions do more than change titles; they shape firm culture, reinforce expectations, and influence how your team views opportunity and fairness.

When handled thoughtfully, they motivate performance and reward the right behaviors. When handled poorly, they can create resentment, reduce productivity, and send the wrong message about what the organization truly values.

For this reason, law firms need to think long-term about whom to promote to managerial or supervisory positions and whom to avoid promoting.

Promote Performance—Not Noise

In many cases, the best promotion candidates are not the individuals actively asking for advancement. Instead, they are the ones who show up every day, work hard, and consistently produce strong results. These team members meet or exceed productivity metrics, take ownership of their responsibilities, and provide a high level of service to clients. They tend to be dependable, team-oriented, and focused on the firm’s success rather than their own personal recognition. By the time they are promoted, they are often already functioning at the next level, and the promotion simply acknowledges the role they have been performing all along.

Be Wary of Promotions Driven by Pressure

Promotions driven by pressure or demands can create long-term problems. When an employee insists on being promoted or presents an ultimatum, it can signal a sense of entitlement that does not align with a performance-based culture. Advancement should never be used as a tool to retain someone who has not demonstrated consistent productivity, strong performance, and alignment with the firm’s values.

That does not mean employees cannot express interest in their future. It is perfectly appropriate for someone to communicate that they enjoy working at the law firm and would be honored to be considered for advancement when the time is right. The key distinction is between professional interest in growth and a demand for a title.

The Importance of Time and Consistency

Time and consistency are critical factors in promotion decisions. While there is no single formula, it is usually wise to see an employee perform through different seasons of the practice before elevating them. A lawyer or staff member may perform well for a few months, but the real test is whether they can maintain that performance during busy, slower, and challenging periods.

In many instances, a year or more with the firm provides the opportunity to evaluate reliability, judgment, work ethic, and cultural fit. You are not simply promoting technical ability; you are promoting trust.

Promote People Who Make the Firm Better

The strongest candidates for promotion are those who make the firm better in measurable and intangible ways. They improve the client experience, enhance efficiency, and positively influence the people around them. Their attitude and professionalism set a standard that others naturally begin to follow. When these individuals are promoted, the decision reinforces a culture where advancement is earned through performance, humility, and consistency rather than personality or politics.

Culture Is Built Through Promotion Decisions

Every promotion sends a message to the rest of the organization. It tells your team what success looks like, what behaviors are rewarded, and what standards truly matter. If promotions are tied to productivity, client satisfaction, teamwork, and long-term performance, the firm will attract and retain people who embody those qualities. If they are tied to pressure or short-term needs, the culture will gradually shift in that direction.

Final Thought

The most effective promotion decisions are deliberate rather than reactive. They recognize sustained excellence, reward the right behaviors, and position the firm for long-term success. In most cases, the right people to promote are not those asking for the opportunity, but those who have already earned it through their work.

Twelve Reasons Your Law Firm Should Be Producing Industry Newsletters

Sun, 01 Mar 2026 16:54:53 GMT

Industry newsletters build authority and open doors like no other thought leadership tool can.

I don’t see many law firms using industry newsletters as a thought-leadership tool to help their industry groups build their authority.

They should be.

A consistent newsletter delivered every week or two, covering legal developments in an industry (including an industry group’s own recent and relevant thought leadership), along with other “news” relevant to executives and people in that industry, is an incredibly potent thought leadership tool whose effectiveness and cachet will compound over time.

Here are 12 reasons why, if your law firm has industry groups, they should produce newsletters that cover what’s happening in their industries.

Industry Newsletters Demonstrate Industry Knowledge

First, obviously, an industry newsletter demonstrates that an industry group and its attorneys are knowledgeable about, and are keeping tabs on what’s happening in a particular industry beyond just legal issues affecting industry players.

An industry group will be seen as being knowledgeable about the industry it covers in a newsletter because its content is focused on the industry and covers a wide range of developments within it. The newsletter becomes a reliable, credible source for news about that industry. For some industries, or segments of some industries, the newsletter might be the only credible source of news about that industry or segment.

Industry Newsletters’ Curated Content Creates Perceived Authority

Second, on a related note, by curating content for an industry newsletter, your attorneys will be seen as authorities regarding that industry.

Not only does an industry-focused newsletter demonstrate knowledge of an industry simply by offering a collection of relevant content (as I mentioned above), but the act of whittling down countless news articles, thought leadership from industry players, videos, podcasts, and other industry-related content implicitly builds attorneys’ authority regarding the industry. An industry group’s attorneys will be seen as authorities on the industry because they can separate the wheat from the chaff, providing industry-related content that’s relevant to industry executives and other industry players.

Industry Newsletters Are Marketable, Compounding Assets

Third, unlike some other forms of thought leadership content, industry newsletters are assets whose value increases over time.

They’re marketable assets because they can be used in a call to action at the end of every presentation or in other thought-leadership pieces, such as blog posts or articles. They’re a reliable and effective way to offer industry players the opportunity to raise their hands and say, “Yes, I’m someone who’s interested in staying abreast of what’s happening in [x] industry.”

Industry newsletters are also compounding assets. Over time, assuming its quality remains high, and it’s consistently published, an industry newsletter will increasingly be seen as a, if not THE, go-to source of information regarding an industry. Over the weeks, months, and years the newsletter has been published, it will become more authoritative due to its longevity and consistency.

Industry Newsletters Proactively Reinforce Perceived Authority

Fourth, once someone has opted in to receive an industry newsletter, it becomes an ongoing relationship builder that reliably keeps you and your colleagues at the top of that subscriber’s mind and reinforces your and your colleagues’ authority regarding the industry you serve.

Unlike other pieces of thought leadership that clients and other industry players might discover by reading online publications or scrolling on social media, industry newsletters proactively reinforce your industry group’s authority by arriving in the email inboxes (or mailboxes) of clients and industry players. Even if your industry group did nothing more to engage with people on its email list than send its newsletter, the newsletter will reinforce your industry group’s authority.

Industry Newsletters Are a Relatively Light Content Lift

Fifth, I love thought leadership articles: 1000- to 1500-word articles that demonstrate authors’ expertise, credibility, knowledge, and wisdom. But not all attorneys have time to regularly produce thought leadership, nor do they all have ideas to power a thought leadership program.

When you produce an industry newsletter, however, you’re typically writing fewer words because you’re summarizing and explaining the relevance of the pieces of content you’re including in your newsletter, whether that content is your firm’s thought leadership, other organizations’ thought leadership, or news articles about the industry.

You probably need less than 1000 words to do all of that work, which will come in the form of short blurbs that are easier to write than in-depth thought leadership articles.

Industry Newsletters Don’t Have to Deal With Media Gatekeepers

Sixth, in my experience, most industry publications that accept contributed articles are welcoming to individuals who want to submit articles. Yes, they have standards and minimum requirements, but if they accept articles, there’s a good chance they’ll publish a well-written one.

But a “good chance” does not mean “they absolutely will,” nor is there a guarantee of when they will publish an article or how well they will publicize it to their subscribers, such as by featuring it on the first page of their website or in emails to subscribers.

Compare that to an industry newsletter. Assuming there are no issues with deliverability or overzealous spam filters, there’s no gatekeeper preventing that content from reaching recipients.

Industry Newsletters Don’t Have to Deal With Algorithmic Gatekeepers, Either

Seventh, on a related point, industry newsletters aren’t subject to the whims of algorithms.

Again, assuming no issues with deliverability or spam filtering, when your industry group sends a newsletter, it lands in recipients’ email inboxes or mailboxes.

If you published that same content on LinkedIn or some other social media platform, their algorithms would likely deliver the content to a small percentage of your followers. We’re talking, probably, less than 10 percent.

But, again, assuming no deliverability or spam filter issues, if there are 500, 5,000, or 50,000 people on your industry group’s email list, all 500, 5,000, or 50,000 should receive the email.

Industry Newsletters Invite Potential Clients and Referral Sources to Step Out of the Shadows

Eighth, industry newsletters draw industry players into the light when they opt in to receive them. Though you probably have a general sense of the people and organizations interested in the goings on in a particular industry, you won’t always know who those people and organizations are, especially if there are new entrants.

When they opt into your group’s industry newsletter, they’re sending a signal that they have some interest in the industry. They transform from an entity you didn’t know existed into a potential client, referral source, or co-marketer.

Industry Newsletters Are Distribution Channels for Your Thought Leadership

Ninth, industry newsletters are the perfect delivery mechanism for your industry group’s own thought leadership, assuming you share one or two pieces of content per newsletter that are relevant and timely. Including your content in your newsletter ensures people see it (for the reasons I mentioned in the previous two sections).

But your industry newsletter is not the forum within which to shove 10 recent blog posts down recipients’ throats, nor is it the forum to distribute an article from three years ago that has little value to them.

Industry Newsletters Open Lines of Communication

Tenth, industry newsletters make it easy for recipients to get in touch with members of your industry group to give feedback, ask questions, or request meetings.

All professional services providers should strive to eliminate any friction that current and prospective clients and referral sources may face when they want to speak with that provider. With industry email newsletters, recipients can easily click “reply” and start a conversation.

Industry Newsletters Invite Opportunities for Collaboration

Eleventh, on a related point, industry newsletters provide opportunities for collaboration with newsletter recipients beyond you and your colleagues getting hired by one.

Your firm’s industry newsletter might spark an idea that a current or prospective client or referral source has about teaming up to co-author an article, give a presentation at a conference, or appear on a podcast.

Perhaps one of your group’s thought leadership pieces you included in a newsletter issue indicates to a potential referral source that you’ve handled particular kinds of matters previously, which they didn’t realize, and sparks a conversation about how they could work with you to service their clients’ needs.

Consistently publishing a newsletter that reaches industry players will open doors to partnerships you likely would have never seen coming.

Industry Newsletters Have a Low Barrier to Entry

Finally, twelfth, compared to many other marketing and business development tools, industry newsletters are a light lift.

You don’t need to buy expensive equipment or software. You don’t need to hire people with special training.

For email newsletters, you’re likely looking at no more than $1000/month to use software like MailChimp, Kit, or Beehiiv, and that’s if you have tens of thousands of subscribers.

(If you don’t have that many subscribers, the monthly fee could be under $200.)

For hard-copy newsletters, you’re looking at the cost of producing the newsletters and the cost of postage.

In terms of labor costs, you won’t need an army of people to assemble each newsletter. You’ll need someone to curate content, ideally an administrative person who follows an agreed-upon process for vetting potential content for inclusion in a newsletter. You’ll also need an attorney who gives the final approval for including the “winning” pieces of content and writes short blurbs that explain the “so what” and “now what” of the topics of that content.

And if an industry newsletter effort can’t get off the ground or build momentum, there will be minimal costs for an industry group to exit if it decides to shut down the newsletter. Subscriptions to email newsletter software can be canceled. Postage and production that would have otherwise been purchased to deliver future hard-copy issues will not be purchased.

The Right Thought Leadership Tool for Attorneys Who Want to “Own” the Industries They Serve

I’m always surprised by how many attorneys and law firm industry groups overlook industry newsletters as thought leadership tools. The irony is that so many attorneys and law firm executives subscribe to newsletters.

They see firsthand, perhaps without realizing it, that published newsletters consistently position the sender as credible and authoritative on the topics they cover.

If your industry group doesn’t have an industry newsletter already, it should be your group’s next thought leadership initiative.

Why Website Design and User Experience Will Make or Break Law Firms in 2026

Sun, 01 Mar 2026 16:42:24 GMT

Your Website Is the First Consultation

There was a time when the client journey began with a phone call or a visit to your office. But today, that first impression happens almost entirely online—often on a screen that fits in the palm of someone’s hand. In 2026, your law firm’s website isn’t just your digital presence. It’s your receptionist, intake coordinator, and sometimes even your paralegal, all rolled into one.

Clients aren’t just browsing. They’re evaluating. And they’re doing it quickly. They expect your site to load fast, work flawlessly on mobile, and tell them clearly who you are, what you do, and why they should trust you. If it doesn’t, they won’t dig for answers. They’ll move on.

That’s where user experience comes in. Often shortened to UX, it refers to how easy and intuitive it is for someone to use your website. Think of it like client service, but online. Just as you’d never expect a client to find your office without directions, wait 10 minutes in a silent lobby, or fill out a 12-page intake form without help, you can’t expect online visitors to put up with clunky navigation, broken links, or unclear messaging.

UX is the online equivalent of professional hospitality. A well-designed law firm website doesn’t just bring in more leads, it brings in better ones. Clear practice descriptions, straightforward forms, and transparent messaging help set expectations early. That means fewer misaligned inquiries, less strain on intake teams, and better client relationships from the first conversation. In that sense, UX isn’t just a marketing tool. It’s an operational one.

If your site isn’t doing that today, it’s time to rethink your law firm’s website strategy.

When Design Speaks Their Language

For decades, law firm websites were built more for lawyers than for clients. The visuals were formal, the language dense, and the user journey unclear. It was all very professional, but rarely helpful to the end users: potential clients or prospective team members.

People seeking legal counsel don’t want to read a law review article when they land on your homepage. They’re looking for reassurance. They want to know they’re in the right place, that someone understands their problem, and that help is just a click away. Our recent homepage study revealed that many firms still miss this mark, failing to deliver clear, client-focused messaging in those crucial first few seconds. It’s not about dumbing things down—it’s about meeting people where they are.

Outdated content, broken links, or clunky design can raise red flags. On the other hand, a clean, modern layout, paired with authentic attorney bios and testimonials, makes visitors feel safe. It indicates that they’ve found professionals who know what they’re doing.

And visuals matter. A warm, professional photo of your team. Testimonials from real people, not stock quotes. A clear message about what your firm stands for. These elements aren’t just decorative. They’re signals of safety and professionalism.

It’s a bit like choosing where to park your car. Faced with a dim, dirty lot with no attendant or a clean, well-lit garage with someone at the desk, most people won’t think twice. They’ll go where they feel secure. Your website sends the same kind of message. If it looks neglected or unclear, visitors will keep driving. But if it feels trustworthy and welcoming, they’ll stop and take a closer look.

Mobile Isn’t Just a Format—It’s the Standard

Look around a courtroom, a coffee shop, or even a client’s living room. Chances are, the device they’re using to find legal help isn’t a laptop, it’s a phone.

Mobile-first design isn’t a design trend anymore. It’s a baseline expectation. If your site doesn’t work beautifully on mobile, it doesn’t work.

From page speed to click-to-call buttons, everything needs to be designed for smaller screens and on-the-go attention spans. It only takes a three-second delay to lose a potential case. And that’s not a hypothetical, it’s reality.

A clean, responsive mobile experience makes all the difference between a site that converts and one that is abandoned before the first page even loads. If you’re not sure how your site stacks up, consider our Law Firm Website Performance Audit Checklist.

Accessibility Is the Price of Admission

In recent years, digital accessibility has shifted from a best practice to a business imperative, especially for law firms. Sites that aren’t inclusive leave out entire groups of potential clients and open the door to legal risk.

And yet, accessibility is about more than lawsuits. It’s about the message you send. A firm that pays attention to detail, that makes sure everyone can use their website, is a firm people are more likely to trust.

Think readable fonts, high-contrast color schemes, working keyboard navigation, and screen reader compatibility. It’s not glamorous, it’s essential.

We break down this often-overlooked issue in our article on accessibility for your law firm website.

Great Design Isn’t Just Pretty—It Converts

Every design choice should help someone take the next step. Whether that’s calling your firm, booking a consultation, or simply learning more, your website should guide them there effortlessly. Additionally, this path should feel familiar to the user.

In UX, there’s a principle called Jakob’s Law, which states: Users spend most of their time on other websites. In practice, this means users prefer your site to work the same way as all the other sites they already know. They bring expectations shaped by experiences on other law firm websites, Amazon, CNN, and even their local dentist’s website. When your navigation, layout, or interface breaks from those familiar patterns, it doesn’t feel innovative; it feels confusing.

This doesn’t mean your website has to look like everyone else’s. But it does mean that intuitive navigation, clear labeling, and conventional design patterns aren’t just safe, they’re strategic. Following Jakob’s Law ensures that users don’t have to relearn how to interact with your site. Instead, they can focus on evaluating your expertise and how to reach out.

Think of it like a conversation. You want to share your message, but you don’t want to overwhelm them with too much information at once or leave them unsure of what to do next. Strong calls to action, clear forms, and thoughtfully placed buttons all work together to move visitors forward.

And yes, tools like live chat or AI-assisted intake can help. As long as they’re legally and ethically compliant and respectful of the user’s time and privacy, they can make a real difference in how many leads your site turns into clients.

Your Website Should Never Be Done

One of the biggest mistakes law firms make is treating their website like a one-time project. But the truth is, a website is more like a living document.

User needs and expectations change. Technology evolves. Search behavior shifts. Content gets outdated. If you’re not regularly checking in, updating content, testing performance, ensuring accessibility, you’re falling behind.

The firms seeing the most success in 2026 are the ones treating their websites as active business assets, used every day by the people they’re trying to reach. They test. They adjust. They improve.

If you’re ready to evolve your site into a conversion-driving powerhouse, our website design services for law firms can help you get there.

The Bottom Line: Good UX Is Good Business

Today’s clients don’t just judge your firm by your courtroom record. They judge it by your online experience. If your site feels outdated, hard to use, or unclear, it reflects on your firm, even if your legal skills are top-tier.

But if your website is fast, helpful, accessible, and human? You’ve already made a strong first impression.

And in a competitive legal market, that first impression is often the one that counts.

Orange County, February 2026

Mon, 02 Feb 2026 17:09:08 GMT

San Diego, February 2026

Mon, 02 Feb 2026 17:07:17 GMT

Results, Responsibility, and the Rule of Law

Mon, 02 Feb 2026 17:04:01 GMT

Contact

Fell Law, PC

10680 Treena Street, Suite 160

San Diego, CA 92131

858-201-3960

www.fellfirm.com

From Record-Setting Verdicts to Leading ABOTA San Diego, Bibianne Fell’s Rise Reflects a Commitment to Excellence On and Off the Trial Stage

During the last five years, Fell Law, PC went from a brand-new firm to its founder, Bibianne (Bibi) Fell being named 2026 Consumer Attorneys of San Diego’s Trial Lawyer of the Year, leading the San Diego Chapter of the American Board of Trial Advocates as its President, and achieving the Number 1 Premises Liability settlement in the United States in 2025 ( Davis v. City of Encinitas, et al.).

This dramatic victory was only one of Fell’s career successes, which include: a $105 million verdict in a medical fraud cause, $15 million for workers in a wage and hour class action settlement, $5.3 million in a wrongful death case, $5 million in a medical malpractice case, $5 million for a boy who was hit while riding his bicycle, $4.19 million post-trial judgment in a tractor collision case, $5 million in a brain injury case, and many other high-value, but confidential, settlements.

Her recent honors follow a tradition of recognition for her professional achievements, including: 2022 and 2025 Finalist for Consumer Attorneys of California Consumer Attorney of the Year, 2019 and 2025 Consumer Attorneys of San Diego Outstanding Trial Lawyer Award, 2022 Society of Women Trial Lawyers’ Woman of the Year, 2021 Consumer of Attorneys of San Diego Outstanding Consumer Advocate Award, 2020 Pepperdine Trial Lawyer’s Conference Trial Lawyer of the Year and 2018’s second-largest Personal Injury verdict in California, and one of 2018’s top 10 verdicts in the U.S. She has been honored as a Top 100 Women Lawyers listee in Daily Journal, Lawdragon Top 500 Plaintiff’s Lawyers, and SuperLawyers top 50 honoree in the Southern California region.

“For me, the list of accolades is less important than the opportunity it gives me to use whatever platform I am given to be a responsible citizen—for our clients, for our profession, and for the next generation,” Fell says.

Presidential Agenda

Fell was sworn in as the 2026 San Diego Chapter President of the American Board of Trial Advocates last December. The American Board of Trial Advocates (“ABOTA”) is an invitation-only organization dedicated to the preservation of the right to trial by jury, the rule of law, and the highest standards of ethics, civility, and professionalism. Membership is granted only to those attorneys who have demonstrated a high level of excellence in the courtroom and a commitment to ethics, civility, and professionalism.

“I, of course, feel honored to be entrusted by my colleagues to lead such a prestigious organization. I simultaneously feel the weight of the responsibility to lead San Diego ABOTA at this time. ABOTA’s mission, message, and programs have never been more important to our community,” Fell says.

San Diego ABOTA’s impact in civics education includes: the Morse High School Project, which exposes high school students at the East San Diego school to careers in the legal system. Local attorneys, judges, and legal professionals, including courtroom staff and court reporters, speak to the high school students about their personal journeys and careers in the law and run a mock trial competition for the students. Teachers Law School is a one-day event where local teachers learn about our legal system from judges and attorneys. It is designed to excite and support local civics education. San Diego ABOTA also sponsors a local teacher to attend the national ABOTA Foundation’s Civics Summit, which brings teachers from around the country together to support each other in creating and teaching a civics education curriculum.

Responding to an increase in unfair criticism, public pressure, and even threats to and attacks on judges, San Diego ABOTA created a Rapid Response team ready to support judges. “Our hard-working judges cannot directly respond to unfair public criticism. We are ready to respond for them in a way that educates the public on our judicial system so that unfair attacks do not erode judicial independence or public confidence in our justice system.

I am proud of the work that our chapter does and the example of civility and professionalism set by our members. We will continue to lead the field and support our community,” Fell says.

Bibianne (Bibi) Fell, Founder & Attorney

Educating Future Leaders in Law

Fell is a member of the Board of Visitors for the University of San Diego, School of Law, an adjunct professor of Advanced Trial Advocacy, a Program Director for the National Institute for Trial Advocacy, and a frequent lecturer at Trial Lawyer Associations across the country. “I think it is really important for those of us who have excelled in the field to give back in a way that shapes a better future for the profession. Teaching core skills, civility, and professionalism is a way that I can use my time and talents in a way that I hope encourages future leaders in law.”

Philanthropy

Fell gives back not only with her time, but also through philanthropy. She chooses the organizations and efforts most meaningful to her to support. “I try to choose one major effort to support in a larger, more meaningful way. My giving tracks the issues about which I feel most passionate—education, justice, and childhood cancer research.”

Fell endowed a diversity scholarship at USD School of Law, which gives a financial scholarship to one diverse law student every year.

Fell is an ABOTA Foundation PACESetter, which means she has given an endowment to the ABOTA Foundation. As a trustee for the (national) Foundation for ABOTA, Fell works to promote civics education, professionalism, and the rule of law.

When Fell’s daughter was four years old, she was diagnosed with liver cancer (hepatoblastoma). Inspired by personal experience, Fell started a fund at Rady Children’s Hospital to create an Endowed Chair to attract and retain the best researchers and clinicians in the world for solid tumors in kids. With federal funding for childhood cancer research shrinking, institutions will need to rely on private donors more to fund research that saves lives. “A clinical trial saved my daughter’s life. I want to do what I can to improve outcomes for children and families who receive a cancer diagnosis.” Fell is also a board member for the Hepatoblastoma Resource Network, working to connect families with other families as mentors. “Staying connected to the childhood cancer community and seeing the familiar journey of other families continually ignites my desire to have a positive impact.”

Fell financially supports legislative efforts to maintain a fair justice system. “There are corporate efforts to put a finger on the scale of justice, including by limiting attorneys’ fees for plaintiffs while allowing unlimited funding for defendants. Our adversarial system of justice only works when both sides have access to skilled advocates. Tipping the scale in either direction destroys fairness in the justice system.”

Scaling Down to Scale Up Client Service

Despite Fell’s diverse and meaningful impacts, her greatest passion remains practicing law. “I always wanted to be a trial lawyer, and I realized that I was not going to try cases in “big law,” or at least not as many or as often as I would like. When I looked around, it seemed like it was the plaintiff’s lawyers who were getting into trial. I decided to shift my area of law to an area where I would get to be in trial and work with individual clients 100 percent of the time,” Fell says.

After graduating magna cum laude from the University of San Diego School of Law in 2004, Fell handled complex commercial litigation and employment disputes at what was then the largest law firm in the country. While the work was intellectually challenging and rewarding, she made the decision to make the shift to representing those suffering serious injury and wrongful death.

Fell says, “I got to be in trial. I was good at it, and I was spending a lot more time talking to and helping individual people. I could see the life-changing results of my work in real time, which was deeply satisfying. I can’t say that making the switch was challenging. It felt like a breath of fresh air. I knew instantly this was where I was always supposed to be.”

Marlee Horwitz, Attorney and Bibianne (Bibi) Fell, Founder & Attorney

Calling a Bluff

The Davis case is an example of how Fell’s transition to plaintiff work has achieved her goal of personal service to individual clients in serious need of legal services. Davis v. City of Encinitas involved a large, extended family enjoying an outing at the city’s Grandview Beach. A huge, multi-ton block of sandstone overlooking the beach collapsed and crushed three women. Fell represented their family members.

“The case was huge and consumed a lot of our bandwidth,” Fell says. In the Davis case, she uncovered that the defendants were repeatedly warned by scientists and engineers of potential life-threatening dangers posed by excessive water due to poor storm drain management and irrigation, and the growth of a heavy, water-laden ice plant creating an unstable sandstone environment. These conditions created an “acknowledged hazardous area” where “additional injuries would occur.” She also discovered that in the 1980s, a similar collapse on that beach destroyed the access stairs and, a state geologist recommended that stairs not be rebuilt for safety reasons. On the day of the tragedy, the city’s one sign warning of that danger was hidden behind a trash can and could not be seen by the public.

After opposing a demurrer and five motions for summary judgment, overcoming governmental and non-governmental immunities such as natural condition immunity, design immunity, and recreational use immunity, the case settled for $32.85 million plus an additional confidential amount. The victory was not just for the victims, but extended to all San Diegans who enjoy Encinitas beaches. The City of Encinitas partnered with Fell to make safety changes including increase warning signage at all city beach access points, creating a public webpage warning of the dangers associated with a bluff collapse, a QR code at beach access points linking to bluff warnings, enhanced lifeguard safety measures, development of additional life-guard policies regarding bluff-related hazards, and the requirement that warning signs state they are in memory of the victims. “I was so impressed by my clients who, every step of the way, had the primary goal of making sure no other family would endure a similar tragedy,” Fell says.

Fell says her experience working at a large firm is an asset not only for Fell Law but for the firm’s clients. She credits her early years practicing complex commercial litigation for her discipline in terms of “the number of hours you work, the depth to which you study a case, and pushing the boundaries of the law to take the law from where it is to where it should be.” Approaching her personal injury practice with the same discipline and intellectual rigor has led her to achieve high-profile results in unconventional cases.

The Fell Law Team

Growth in Quality, Not Quantity

“We have a small team, and we do not plan to grow. Our commitment is to continue to accept a limited number of high-impact cases.”

Attorney Marlee Horwitz started working for Fell in 2019 as a first-year law student and joined Fell Law in 2021, immediately after graduating from the University of San Diego School of Law. She has tried cases with Fell to verdict, taken and defended depositions of lay and expert witnesses, and written countless motions. She has successfully opposed numerous case-dispositive motions and wrote a prevailing brief on behalf of her client in the California Court of Appeals. Fell says, “She is my right hand.”

Desi Sanders is the firm’s paralegal, who runs the administration of the firm as well as managing the firm’s case filings. She began working for Fell at age 16 by watching Fell’s children. She worked for a time in the restaurant industry before Fell brought her into the firm and trained her as a legal assistant. “She has worked her way up to paralegal, and I think she’s the best trial paralegal out there,” Fell says.

At the end of the day, for the Fell Law team, it’s all about having a meaningful impact in the community and for her clients. “I love making a difference for one person, one family. When I was in “big law,” I did a lot of very intellectually difficult and interesting things. We pushed the envelope, we changed existing law, and we made new law. But I did not go home at the end of the day feeling like I made a real difference in somebody’s life. Here, I know every day we have made a real difference in the lives of our clients, and there’s nothing better than that feeling.”

Results, Responsibility, and the Rule of Law

Mon, 02 Feb 2026 17:00:54 GMT

Contact

Fell Law, PC

10680 Treena Street, Suite 160

San Diego, CA 92131

858-201-3960

www.fellfirm.com

From Record-Setting Verdicts to Leading ABOTA San Diego, Bibianne Fell’s Rise Reflects a Commitment to Excellence On and Off the Trial Stage

Presidential Agenda

I am proud of the work that our chapter does and the example of civility and professionalism set by our members. We will continue to lead the field and support our community,” Fell says.

Bibianne (Bibi) Fell, Founder & Attorney

Educating Future Leaders in Law

Philanthropy

Fell endowed a diversity scholarship at USD School of Law, which gives a financial scholarship to one diverse law student every year.

Scaling Down to Scale Up Client Service

Marlee Horwitz, Attorney and Bibianne (Bibi) Fell, Founder & Attorney

Calling a Bluff

The Fell Law Team

Growth in Quality, Not Quantity

“We have a small team, and we do not plan to grow. Our commitment is to continue to accept a limited number of high-impact cases.”

Our Favorite Attorneys Trending on Social Media

Mon, 02 Feb 2026 16:47:36 GMT

Law is, by nature, a conservative profession. It relies heavily on precedent and procedure, and its focus is often on minimizing liability or penalizing deviation from established rules. All of that adds up to a professional culture that values tradition over experimentation, and the known over the novel.

Yet the legal profession does change. It wasn’t all that long ago that the only way to file pleadings or appear in court was in person. As technology evolves ever more quickly, the legal profession adapts and evolves with it. The attorneys who adapt the quickest often benefit the most.

That’s true when it comes to the use of social media, too. Using social media in legal marketing may not be traditional, but it’s becoming increasingly common. Done right, it can improve your law firm’s online visibility, establish you as a trusted authority, and build trust with your prospective clients.

And prospective clients aren’t the only ones who can form a positive opinion of your firm from your social media. Increasingly, AI models are integrating a law firm’s social media presence, including the content, followers, and commentary, into their “opinion” of the firm. Brendan Chard, owner of The Modern Firm, observes that “AI models take in more information (about a law firm) than just the website; they’re trying to determine the collective community opinion of a business. So a strong social media presence can contribute very positively on that front.”

With those considerations in mind, let’s take a look at law firms that are using social media to their best advantage, and to their audience’s.

McCune Law Group

McCune Law Group, a plaintiff-side litigation firm in California’s Inland Empire, handles class actions and high-stakes lawsuits. The firm uses its social media to highlight its expertise, educate the public, and show a human side to its hard-driving practice.

McCune Law Group produces popular educational videos answering questions such as “What if multiple parties are responsible for my injury?” and “Can I sue about a vehicle defect if there has already been a recall?” but their most popular videos are those with a comedic edge, like Taylor Swift lyrics translated into legalese.

Why It Works: This firm utilizes its social channels to show potential clients that they have the knowledge and skill to prevail in complex litigation, but also wants those same individual clients to feel comfortable approaching the firm. McCune Law Group’s deft use of social media allows the firm to achieve both goals.

Platforms: Facebook, X, LinkedIn, Instagram, TikTok, YouTube

Muth Law, P.C.

Muth Law, an Ann Arbor, Michigan-based personal injury law firm, uses its social media to showcase the many facets of the firm’s personality in a way that a website alone cannot. The firm’s Instagram posts are a mix of education that touches on the firm’s practice areas (e.g., “3 Essential Pictures to Take at a Car Accident Scene”); testimonials from clients; safety tips; notes about upcoming community events; weird Michigan laws; and good-natured fun (like blindfolding the boss and having him guess what Halloween candy he’s just been given to taste).

Why It Works: It’s one thing for a law firm to state explicitly that “We’re knowledgeable; we’re community-minded; we’re friendly.” Muth Law doesn’t just tell viewers those things; they show them. Viewers get a glimpse behind the scenes of the firm, which builds trust. The frequent references to community events and Michigan-specific themes reinforce the firm’s image as a trusted, approachable local practice.

Muth Law also gets bonus points for using AI-friendly formats, such as lists and question-and-answer dialogue in many written posts, increasing the posts’ engagement and visibility.

Platforms: Instagram, Facebook, LinkedIn

The Kennedy Law Firm, PLLC

The Kennedy Law Firm, a full-service practice with three offices in Clarksville, Tennessee, handles legal issues that are daunting for its clients: personal injury, bankruptcy, criminal defense, and more. This consumer-facing firm prides itself on being available and compassionate to clients going through one of the most challenging times in their lives.

The firm uses its multiple social media channels in different ways: Facebook is primarily a platform for sharing firm updates, community involvement, and client testimonials. But by far the firm’s most popular social media platforms are Instagram and TikTok, with over 250,000 and 1.9 million followers. Why so many? Attorney Kevin Kennedy’s flashy, eye-catching style, featuring suit jackets so vibrant they’d make a peacock jealous, diamond pinky rings, and more than a little sass.

Why It Works: Kennedy’s outrageous videos get shared like juicy gossip, and they inspire curiosity: Who is this lawyer? Viewers naturally head for the website, where they find a team of experienced, dedicated lawyers who know their craft and care about their clients.

Platforms: Instagram, TikTok, Facebook

Funes Law Group

Immigration attorney Daniel Funes of Funes Law Group in Miami, Florida isn’t flashy or funny, but he uses his social media to great effect across multiple platforms, with content directed toward his primarily Spanish-speaking target audience.

The firm’s social media content strategy focuses on providing valuable insight into immigration laws and procedures, with client testimonials and posts about the firm’s community involvement rounding out the mix. With a primary focus on TikTok and sharing of their high-quality, Spanish-language video content on other platforms, Funes Law Group is getting plenty of attention; it’s been recognized as one of the 500 fastest-growing firms across the United States.

Why It Works: Daniel Funes understands his target market and what they need, and he speaks their language (literally), providing clear, concise answers to the questions that really matter to them. His social media success is due not only to his educational content and visually appealing videos, but also the fact that his social media team posts his messages on a consistent basis, building trust in the firm as they do so.

Platforms: TikTok, Facebook, LinkedIn, YouTube

Martinez Immigration

Attorney Kathleen Martinez of Martinez Immigration in Texas serves clients in all 50 states, and her millions of followers on social media attest to the reach of her message. With platinum blonde hair and a penchant for pink, Martinez has a distinctive visual brand echoed through both her social media and her firm’s hot pink website. But Martinez isn’t just another pretty face; she stays on top of the latest immigration news in Texas and beyond, and uses her social media platforms to update viewers on developments with straightforward language and actionable information.

Why It Works: Martinez has a carefully cultivated brand, and it’s instantly recognizable across all of her social media, setting her apart from competitors. Brand recognition equals instant trust, and consistency drives engagement; followers know what to expect, which encourages likes, shares, and comments.

Platforms: Instagram, TikTok, YouTube

What Attorneys With Social Media Success Have in Common

The attorneys above are very different: they span different practice areas and operate in different markets; they vary in age and following. Some take an educational approach, others a humorous one, and still others a blend.

But they have a few very important things in common, and those things are critical to any law firm’s social media success:

They Know Their Purpose and Audience

As Yogi Berra said, “If you don’t know where you’re going, you’ll end up somewhere else.” That’s a risk that attorneys who value their professional image can’t afford to take. Attorneys who are successful on social media never post without knowing who they’re trying to reach, what they want to say, and what they hope to achieve.

They Offer Content That Matters To Their Audience

Social media posts by attorneys that are too “sales-y” or self-promotional tend to fall flat; who wants to watch an advertisement, much less share it? The most successful posts provide useful information, entertainment, or a glimpse into the firm’s personality; sometimes, all three.

They’re Authentic

Lawyers can seem intimidating; social media posts that show a lawyer’s personality can make them seem more approachable. Don’t try to emulate what’s worked for other attorneys; viewers can detect inauthenticity from a mile away and it will backfire on your marketing. Oscar Wilde was onto something when he said, “Be yourself; everyone else is taken.”

They’re Consistent

Regular posting, ideally 1-3 times per week, helps you stay visible and helps your viewers stay engaged. Regular posting also helps viewers feel like they know you, which builds trust.

They Respect Ethics Rules and Confidentiality

Talking about real-life legal cases is one way to educate viewers on social media, but be careful not to run afoul of ethics rules regarding client confidentiality. Steer clear of discussing ongoing cases or using clients’ names or images. It should also go without saying to never give personal legal advice to individual followers. Keep your content general; it will keep you out of ethical trouble and appeal to a broader audience.

They Get The Help They Need

Establishing a thriving, engaging social media presence for your law firm takes more time than you may have available, and an understanding of the various platforms you may lack. That doesn’t mean social media success is out of reach. You may just need to build out your team to include professionals who can fill those gaps, develop a social media marketing plan tailored to your unique firm, or create video content for lawyers.

Develop a Social Media Presence That Reflects Your Firm’s Brand

In the end, using social media is just another way to help your target audience get to know your firm and put their trust in you when they need an attorney.

Takeaways

Information from a law firm’s social media is increasingly being incorporated into AI “opinions” about the firm.
To succeed on social media, law firms must define their goals and understand their audience.
Authenticity is key for law firms that want to build trust and engagement on social media.
The social media posts that succeed are those with valuable, relatable content, not self-promotion.
Consistent visual branding helps attorneys stand out on social media.
When posting on social media, law firms must remain mindful of confidentiality and attorney advertising rules.

The Dangerous Business of Having Values in Law Firms

Mon, 02 Feb 2026 16:41:15 GMT

The Wu-Tang Clan taught us that “cash rules everything around me.” And nowhere is this truer than in law firms.

I have learned a lot about people over the last two years. I have been through a lot. I have been betrayed by people I trusted. And I have been uplifted by people who possess a genuine moral compass and an authentic sense of values. Separating the posers from the real ones has been an unexpected gift in a long battle.

Here is what I have learned: It is dangerous to come between people and money. Most people will choose money every single time.

This is not cynicism. This is observation. And if you want to understand why law firms struggle with culture, why toxic partners survive for decades, why meaningful reform feels impossible, you need to understand this fundamental truth about human nature and economic incentives.

The Economics of Looking Away

Law firms are money-making machines. This is not a criticism. It is simply a fact. Partners eat what they kill. Compensation depends on origination credits, billable hours, and business development. Every relationship has a dollar sign attached to it.

This creates a problem when values and profit collide.

Good people will excuse awful behavior if they think addressing it will cost them money or the opportunity to make money. They won’t endorse the behavior. They will simply look the other way.

I have watched this happen repeatedly. Sexual harassment. Bullying. Substance abuse. Partners who treat associates like disposable labor. Rainmakers who create hostile work environments. The pattern is always the same. People know. People see. People stay quiet.

Why? Because that partner brings in three million dollars a year. Because that practice group generates twenty percent of the firm’s revenue. Because confronting the problem means risking the relationship and risking the money.

This is how monsters survive in professional environments. Harvey Weinstein operated for decades. Diddy operated for decades. Otherwise, decent people knew something was wrong and said nothing. Fear played a role. But so did greed. Speaking up meant risking access. Risking opportunity. Risking the next deal.

Law firms operate on the same dynamics, just at a smaller scale and with lower stakes. The partner who screams at associates? Everyone knows. The partner who makes inappropriate comments? Everyone knows. The partner who takes credit for other people’s work? Everyone knows.

And everyone stays quiet because the math is simple. Confrontation equals risk. Silence equals continued compensation.

The Convenient Lie

This dynamic makes it easy for people to believe lies that serve their interests.

When someone challenges a powerful person, the firm faces a choice. Investigate genuinely and risk losing a rainmaker or accept a convenient narrative that protects the revenue stream.

I have watched otherwise intelligent people embrace obvious falsehoods because the truth was expensive. Liars understand this. They craft narratives designed for a receptive audience. An audience that wants to believe. An audience that has financial incentives to believe.

This is not stupidity. It is motivated reasoning. People are remarkably good at convincing themselves that what benefits them financially is also what is true and right.

The partner accused of harassment? There must be another explanation. The associate who complained? Probably a performance issue. The pattern of behavior spanning years and multiple victims? Coincidence.

Convenient lies require cooperative believers. Law firms are full of them.

What Values Actually Mean

Here is what I have learned about values: They are what you do when it is inconvenient and does not maximize profit.

Anyone can have values when values cost nothing. Anyone can stand for integrity when integrity is easy. The test comes when standing for something means losing something.

Most people fail this test. They will profess values up to and until those values cost them money. Then the rationalizations begin. Then the exceptions emerge. Then the principles that seemed so firm suddenly become flexible.

I am not saying this to condemn anyone. I am saying this because understanding it is essential to understanding how law firms actually work.

When a firm says it values diversity but promotes the same demographic year after year, what does it actually value? When a firm says it values work-life balance but rewards partners who bill 2400 hours, what does it actually value? When a firm says it values respect but tolerates a partner who demeans staff, what does it actually value?

The answer is always the same. Firms value what they pay for. Everything else is marketing.

The Danger of Speaking Truth

Telling the truth is rarely convenient. Speaking up that something is wrong is only safe when the wrongdoer is weak. If they are in power, you are in trouble.

I have lived this. Speaking truth to power in a law firm environment is career-threatening behavior. The person who raises concerns becomes the problem. The whistleblower becomes the troublemaker. The truth-teller becomes the one who lacks judgment.

This is not an accident. It is a feature of the system. Power protects itself by punishing those who challenge it. And in law firms, power is measured in dollars.

The associate who reports a partner’s misconduct faces retaliation. The partner who challenges another partner’s behavior faces political consequences. The staff member who refuses to participate in something unethical faces termination.

Meanwhile, the person with power faces nothing. Because they generate revenue. Because they have relationships. Because removing them costs money.

This creates a brutal calculus for anyone with a conscience. Speak up and risk everything. Stay quiet and keep your career intact. Most people choose their careers. I do not blame them. I understand the choice even when I disagree with it.

Control Mechanisms

Abusive systems require control mechanisms. Law firms have plenty.

Compensation structures are control mechanisms. When your income depends on the discretion of a small group of people, you learn quickly not to challenge that group.

Origination credits are control mechanisms. When credit for business can be allocated or taken away based on relationships, you learn to maintain relationships even with people who behave badly.

Awards and recognition are control mechanisms. Who gets nominated? Who gets celebrated? These decisions signal what the firm actually values and who holds power.

Partnership decisions are the ultimate control mechanism. Years of work leading to a single vote by people whose favor you need. How likely are you to rock the boat during that process?

These mechanisms are not inherently evil. But they create environments where abuse can flourish. Where silence becomes rational. Where going along becomes safer than speaking up.

The Silence That Enables

Abuse depends on silence. The silence of victims, yes. But more importantly, the silence of bystanders.

There is a quote often attributed to Dante, though the sourcing is disputed: “The hottest places in Hell are reserved for those who, in times of moral crisis, maintain their neutrality.”

Whether Dante said it or not, the sentiment is true. Neutrality in the face of wrongdoing is not neutral. It is support for the wrongdoer. Every person who sees something wrong and says nothing makes it easier for that wrong to continue.

Law firms are full of neutral people. People who know something is wrong. People who have the standing to speak up. People who choose not to because the personal cost is too high.

I have been one of those people. I have seen things and said nothing because the timing was not right. Because I needed something from someone. Because I was afraid. I am not proud of it.

But I have also been the person who spoke up. Who challenged power. Who refused to go along. And I have paid for it. Every single time.

The Leadership Problem

Here is the hard truth that nobody wants to acknowledge: All problems in a law firm are leadership problems.

Toxic partners exist because leadership allows them to exist. Bad culture persists because leadership permits it to persist. Values get compromised because leadership compromises them.

When a firm tolerates behavior that contradicts its stated values, that is a leadership decision. When a firm protects a rainmaker at the expense of everyone else, that is a leadership decision. When a firm chooses revenue over integrity, that is a leadership decision.

Healthy law firms are those with values-driven leadership. Leaders who make hard decisions. Leaders who remove toxic people even when it costs money. Leaders who demonstrate through action that certain behaviors are unacceptable regardless of how much business someone brings in.

These firms exist. They are rare. They are almost always led by people who have decided that some things matter more than maximizing profit.

Evil Is Real

I have come to believe that evil exists in the world. Not cartoon evil. Not mustache-twirling villainy. Ordinary evil. The evil of people who do harm because they can. Because it benefits them. Because nobody stops them.

Evil banks on greed. Evil banks on self-interest. Evil banks on weak people who will not stand in its way.

Law firms are not uniquely evil places. But they are places where the incentives align in ways that let bad actors thrive. Where the structures protect power. Where the economics reward silence.

If you work in a law firm, you will eventually face a moment where your values and your interests conflict. You will have to decide who you actually are.

Most people discover they are weaker than they thought. Some people discover they are stronger. Either way, you will learn something about yourself.

I have learned a lot about myself over the last two years. I have learned what I will tolerate and what I will not. I have learned what I will sacrifice to maintain my integrity. I have learned who my real friends are.

And I have learned that speaking truth in law firms is dangerous business. It remains worth doing anyway. Not because it will be rewarded. Not because it will be easy. But because some things matter more than money.

The Wu-Tang Clan was right. Cash rules everything around us. But it does not have to rule us.

The Role of Strategy in Creating High-Converting Website Designs for Law Firms

Mon, 02 Feb 2026 16:38:00 GMT

In today’s digital-first world, your law firm’s website is more than just a virtual brochure—it’s your most powerful marketing asset. Yet, I’ve encountered countless law firm websites that failed to convert visitors into leads, not because of poor aesthetics, but because of a missing ingredient: strategy.

A high-converting website doesn’t happen by accident. It’s the product of thoughtful planning, intentional design, and a deep understanding of your clients’ journey. So how can strategic thinking transform your firm’s website from a digital placeholder into a client-generating machine?

1. Understanding Your Ideal Client

The foundation of any strategic design process is clarity around who your ideal client is. Are you targeting high-net-worth individuals seeking estate planning? Startups needing intellectual property support? Injury victims looking for justice?

By defining your target audience, your website’s tone, content, and layout can speak directly to their concerns. Strategic design begins by understanding your potential clients’ pain points, goals, and decision-making process—and aligning your messaging to meet them where they are.

2. Mapping the Client Journey

Every visitor arrives at your site with a problem. Your job is to guide them through a path that leads to a solution—and ultimately, to contact you.

This journey typically follows a structure:

Awareness: The client identifies a legal issue.
Consideration: They explore potential solutions.
Decision: They choose the right lawyer or firm.

Strategic websites map this path and structure the design around it. Clear navigation, trust-building content (like testimonials and case results), and obvious calls to action help move users smoothly from curiosity to conversion.

3. Prioritizing User Experience (UX)

No matter how visually striking your site is, if users can’t easily find information or contact you, they’ll leave.

Strategic UX focuses on:

Fast loading times
Mobile responsiveness
Logical page hierarchy
Accessible forms and contact methods

For law firms, where trust and professionalism are critical, a frictionless experience signals reliability and competence.

4. Content With Purpose

Every word on your site should serve a goal—whether it’s to inform, persuade, or prompt action. Strategic content includes:

SEO-driven practice area pages that not only attract traffic but also address pressing legal questions and showcase your firm’s experience and successful representations.
Clear, benefit-focused headlines that immediately show visitors how your firm can solve their problem or improve their situation.
FAQs that address common client questions in plain, conversational language—helping potential clients become informed while aligning with natural search queries.
Blog content that answers high-intent client questions, builds authority, and links directly to related practice area pages.

Rather than flooding the site with legal jargon, strategic content speaks clearly and confidently, helping potential clients feel informed and empowered.

5. Law Firm Website Design
That Supports Conversion

Design isn’t just about looking good—it’s about guiding behavior. A strategically designed law firm website achieves that with:

Prominent calls to action (“Schedule a Consultation,” “Speak to an Attorney”)
Visual hierarchy that leads the eye
Strategic placement of trust elements (badges, reviews, affiliations)

The layout should drive engagement and build confidence, no matter how users navigate your site.

6. Data-Driven Improvements

Strategy doesn’t stop at launch. A high-converting law firm website is constantly evolving based on:

Heatmaps and click tracking
A/B testing headlines or call-to-action buttons
Analytics on user behavior and bounce rates

Law firms that approach their website as a living, data-informed asset consistently outperform those with static, set-it-and-forget-it designs.

Final Thoughts

The most successful law firm websites are built on strategy, not guesswork. They combine design, content, and user experience into a unified system that converts visitors into inquiries—and inquiries into clients.

In a competitive legal landscape, simply having a website isn’t enough. To truly stand out and grow your practice, you need a strategic approach to design that puts client needs, clarity, and conversion at the center.

California Case Summaries: New California Civil Cases

Mon, 02 Feb 2026 16:34:31 GMT

CALIFORNIA COURT OF APPEAL

Arbitration

LaCour v. Marshalls of California (2025) _ Cal.App.5th _ , 2025 WL 3731034: The Court of Appeal affirmed the trial court’s order denying defendant’s motion to compel arbitration of a former employee plaintiff’s single-count PAGA action. In denying the motion, the trial court reasoned that “there is no such thing as an ‘individual PAGA claim’ ” that could be severed and compelled to arbitration. The Court of Appeal affirmed, holding that—based on ordinary contract-interpretation principles and the parties’ mutual intent when the arbitration agreement was signed in 2014—the arbitration agreement did not clearly reflect an agreement to arbitrate “individual PAGA claims,” so defendant was not entitled to compel arbitration notwithstanding Viking River Cruises, Inc. v. Moriana (2022) 596 U.S. 639 and related post-Viking River developments. (C.A. 1st, Dec. 24, 2025.)

Attorney Fees

Evleshin v. Meyer (2025) _ Cal.App.5th _ , 2025 WL 3101271: The Court of Appeal reversed the trial court’s order denying defendants’ postjudgment motion for attorney fees. Following a bench trial the trial court entered judgment in favor of defendants, the sellers of a Santa Cruz home, and found them to be the prevailing parties in a lawsuit filed by plaintiffs/buyers alleging breach of contract and fraud. In the purchase agreement the parties agreed to mediate if there was a dispute. If one party refused to mediate they would lose the right to recover attorney fees if they later prevailed. Based upon these provisions, the trial court denied defendants’ motion for attorney fees on the grounds that defendants had refused to mediate, and although they were the prevailing they had lost the ability to recover attorney fees. The Court of Appeal disagreed, concluding that the trial court erred in reading the contract’s mediation clause to impose a forfeiture where there was evidence in the record that could support a conclusion that while defendants’ initially declined to mediate, they re-opened the door to mediation before the lawsuit was filed. The case was remanded for further proceedings. If the trial court finds on remand that defendants retracted their initial refusal to mediate and expressed a willingness to mediate before the lawsuit was filed, the disentitlement provision in the contract would not apply. (C.A. 6th, November 6, 2025.)

Johnson v. Rubylin, Inc. (2025) _ Cal.App.5th _ , 2025 WL 3687544: The Court of Appeal affirmed the trial court’s decision sanctioning plaintiff for failing to comply with Civil Code section 55.54(d)(7) by refusing to disclose in his early-evaluation-conference statement the amount of attorney fees and costs he was claiming as of that time, and—after offering an alternative sanction of proceeding but not being able to recover attorney fees—dismissed the action with prejudice when plaintiff elected dismissal. The Court of Appeal affirmed, holding that section 55.54(d)(7)’s requirement to disclose claimed attorney fees and costs did not violate the attorney-client privilege (distinguishing the decision in Los Angeles County Board of Supervisors v. Superior Court (2016) 2 Cal.5th 282). It also concluded the trial court’s sanctions procedure did not violate due process. (C.A. 6th, December 19, 2025.)

Employment

Dobarro v. Kim (2025) _ Cal.App.5th _ , 2025 WL 3228546: The Court of Appeal affirmed the trial court’s decision denying defendant’s appeal of a Labor Commissioner wage award to plaintiff because it was filed one day late. The trial court concluded the notice of appeal was untimely filed under Labor Code section 98.2. The Court of Appeal affirmed, concluding that the Labor Code section 98.2 deadlines for appealing a Labor Commissioner decision and for posting or seeking waiver of the undertaking are mandatory and jurisdictional, not subject to equitable tolling or the electronic-filing tolling provision in Code of Civil Procedure section 1010.6, rejected defendant’s other arguments as meritless, declined to impose sanctions but published the opinion to clarify the law. (C.A. 1st, November 19, 2025.)

Torts

Gilliland v. City of Pleasanton (2025) _ Cal.App.5th _ , 2025 WL 3225067: The Court of Appeal reversed the trial court’s finding for defendant, in a bench trial on the liability of defendant under the immunity provided in Vehicle Code section 17004.7, in plaintiff’s action for personal injuries suffered when her car was hit by another driver who was being followed by a city police officer. The trial court concluded that defendant’s written vehicular pursuit policy and training complied with the statute and the other driver Elijah Henry believed he was being pursued, thereby rendering defendant immune from liability for plaintiff’s injuries and entering judgment in defendant’s favor. The Court of Appeal disagreed, concluding that held the term “pursued” in section 17004.7(b)(1) must be given a single meaning derived from the vehicular pursuit definition in the public entity’s policy (including the requirement that the suspect be attempting to avoid arrest), and the trial court applied the wrong legal standard in assessing Henry’s belief and improperly disregarded evidence that he did not think he was being pursued under that policy. The case was reversed and remanded for reconsideration of defendant’s the immunity claim under the correct standard. (C.A. 1st, November 19, 2025.)

Trial

McDonald v. Zargaryan (2025) _ Cal.App.5th _ , 2025 WL 3704598: The Court of Appeal reversed the judgment for plaintiff, following a jury trial, where the jury awarded plaintiff future medical expenses of $1,872,900, past pain and suffering of $2 million, and for future pain and suffering was $10 million. The issue in this case was the fact that plaintiff first went to see a surgeon, Dr. Toorag Gravori, the week before trial and 16 months after the exchange of expert information. Seven days before trial, counsel for plaintiff blindsided the defense with a new medical expert with a new medical theory. The trial court denied defendants’ motion in limine to exclude plaintiff’s late-disclosed medical expert, permitted the expert to testify after an expedited deposition, and the jury returned the substantial verdict above for plaintiff that the court reduced to judgment. The Court of Appeal held the trial court abused its discretion by allowing the surprise expert to testify despite plaintiff’s failure to timely disclose the expert or seek leave to augment the expert list and the absence of any reasonable justification for the eve-of-trial designation. The judgment was vacated and the case was remanded for a new trial. (C.A. 2nd, December 22, 2025.)

Own the Room: Networking Strategies for Business Leaders

Mon, 02 Feb 2026 16:31:25 GMT

Networking is not simply a social exercise. It is a core business skill. The ability to build trust, strengthen relationships, and create meaningful connections is essential to leadership success. Whether you are attending an industry conference, client reception, or company event, approaching networking with intention allows you to show up confidently and make every interaction count.

Below are eight practical strategies to help you navigate any room with purpose and polish.

Prepare With Intention. Effective networking begins well before you arrive. Review the event agenda and attendee list when available, and identify a few individuals you would like to meet. Learn about their roles or recent initiatives to uncover shared interests or potential synergies. Set a goal for the event, whether reconnecting with a client, expanding your industry network, or staying informed on market trends. Prepare a few open-ended conversation starters, such as “What developments are you seeing in your sector this year?”
Make a Strong First Impression. Your first impression sets the tone. Enter the room with confidence by standing tall, making eye contact, and offering a warm smile. A composed, approachable presence signals professionalism and credibility before the first word is spoken.
Refine Your Introduction. A confident introduction makes conversations feel natural and focused. In 20 to 30 seconds, share who you are, what you do, and the value you bring to your organization. For example, “I am [Name], and I work with [Company]’s legal team supporting strategic decision-making while ensuring regulatory alignment. My focus is on translating complex legal issues into practical business solutions that help drive growth.” Keep it conversational and tailor it to the audience. End with an invitation to engage, such as “What about you? What’s your role, and what’s been exciting in your work lately?”
Build Rapport Through Authentic Conversation. While small talk opens the door, genuine connection comes from meaningful exchange. Start with the event or industry news and then transition to professional interests. Sharing a thoughtful perspective or personal insight makes interactions more memorable and fosters trust. Allow the conversation to unfold naturally and avoid overly personal questions.
Listen With Purpose. The most impactful networkers are excellent listeners. Maintain eye contact, offer thoughtful follow-up questions, and stay fully present by putting technology aside during conversations. Demonstrating authentic interest builds rapport and makes others feel valued, which strengthens professional connections. People remember how you made them feel, and genuine interest builds trust.
Position Yourself Strategically. A few logistical details can enhance your networking flow. Wear your name badge on your right side so it is easy to see during introductions, and keep your right hand free for greeting. If you arrive alone, begin near natural conversation hubs such as the registration desk or refreshment area. These spaces create easy opportunities to engage organically.
Exit Conversations With Grace. Knowing how to transition elegantly is as important as the introduction. Thank your conversation partner and suggest a natural next step, such as connecting on LinkedIn, continuing the discussion by email, or meeting for coffee. Introducing them to another attendee is also a thoughtful way to expand mutual connections before moving on.
Follow Up to Strengthen Connections. True networking happens after the event. Send a personalized message within 48 hours referencing something specific from your conversation. Connect on LinkedIn with a brief note. Share relevant insights or introduce them to a helpful contact. Consistent, genuine follow-up transforms brief encounters into long-term professional relationships.

The Bottom Line

Owning the room does not mean being the loudest voice. It means being intentional, confident, and authentic. Preparation, presence, and thoughtful follow-up empower you to turn everyday networking moments into lasting business relationships.

Return on Investment (ROI): Measuring Marketing Effectiveness

Mon, 02 Feb 2026 16:28:25 GMT

Do you know how effective this marketing tactic is? How much profit (or loss) is attributed to a specific marketing expense—what’s my ROI? It’s a question we get asked every day. Understanding the return on your investment (ROI) can be tricky. Especially in professional services, most clients’ hiring decisions are based on a combination of factors, so it can be difficult to attribute a new client to one specific marketing line item. Often a potential client will become aware of your services in multiple ways, frequently through a referral from a trusted friend or business associate, perhaps building a relationship with you over time and eventually hiring you when an immediate need presents itself.

Firms want to understand the best places to spend limited marketing dollars. For very large firms, it may make sense to put sophisticated tracking mechanisms into place for determining the relative contributions of various marketing tactics to the client development process. For smaller shops, a few basic and manageable measures may prove helpful enough without creating an undue burden. The following are a few guiding thoughts.

Begin With the End in Mind

At the start of each marketing campaign or activity, ask yourself what success will look like. What is the business driver for your campaign? Are you trying to drive revenue for a specific type of work? Increase traffic to your website? Do you need to recruit talented associates? Are you supporting a succession plan to transfer firm ownership to the next generation of leaders?

How we measure marketing and public relations results has evolved over the years. As digital platforms offer increasingly sophisticated tracking insights, there are new data points and ways to measure online results. But “real world” activities require a more human touch. In any case, you don’t have to measure everything possible to gain useful insights into the effectiveness of your marketing spend. Instead, start with a few manageable objectives that support your overall business goals and build on them over time.

Define Your Goals

If your goal is to increase traffic to your website, think through the why, the how, and, most importantly, the where. Is your inbound traffic visiting the right pages of your site to take the next step in their journey with you? Set up key event goals to track in Google Analytics 4 (which has replaced Universal Analytics). In addition to looking at simple site visits, track where and how long people spend time on your site. Did they follow a call to action (CTA), such as downloading information, filling out a form, or contacting the firm?

If you invest in a conference exhibit booth, plan ways to track the number (and quality) of attendee contacts made during the event. Were you able to convert these people into LinkedIn connections, newsletter subscribers, follow-up calls, or other measurable post-event activities? A firm can look at successful results through many different lenses, each as one stepping stone to building practice success.

Tracking

Whatever your ultimate goal, you’ll need a way to track results. It’s helpful to start with a baseline prior to initiating your activity. For example, if your goal is to gain more clients in a particular practice, you’ll need to know how many matters you have in that area and where your clients have come from historically. If you haven’t been tracking referral sources in the past, do the best you can to gather the information and then begin a system for tracking this going forward. The most common way would be to have a “Referred by” field or two associated with your intake process. Ask every potential client how they found you, even if they don’t end up hiring you. You’ll want a way to generate reports based on this information, whether as part of an accounting system, a contact relationship management platform (CRM) or a simple Excel spreadsheet.

Reviewing your referred-by information at regular intervals, you can attach revenues generated (or projected) on those specific matters to determine the ROI of the marketing you do. Keep in mind, that the client may tell you that their accountant referred you, but you’ll want to try to understand how that accountant met you in the first place. Perhaps it was because you spoke at an accounting industry event or met them through a networking forum. Those insights will help you to identify the ROI of your various activities.

Depending on the volume of data you will need to digest, track, and report, it may be beneficial to standardize some information. For example, you might want to have a set of general categories on which you can sort and filter, such as “Print Ads,” “Organic Internet Search,” and “Conferences,” as well as a freeform field for additional information, such as the name and firm name of a specific referral source or the name and year of the conference or advertising campaign. Memories will fade, so the more specific you are now, the better your future decision-making will be.

Quantity vs. Quality

Many traditional (and even current digital) sales funnel principles are developed from a consumer products (and services) perspective. This model assumes that casting a very wide net (i.e., being in front of a high volume of eyeballs) will equate to higher sales. For some aspects of your marketing, this may offer some useful guidance. Especially if you run a practice that relies on reaching clients who are likely to use your services only once, such as personal injury or consumer bankruptcy.

In these cases, you can look at the cost of, for example, a pay-per-click (PPC) campaign and track how many qualified leads contact your office based on that campaign. Then, determine how many of those contacts convert into actual clients. Of course, there is a lot that happens between those two events, so make sure you are not making false assumptions about effectiveness. For example, if many people contact your office based on an advertisement, but you don’t respond to the majority of them until three days after initial contact, most of those people probably won’t become clients. In that case, the activity generated from your marketing spend might be high (demonstrating a high ROI for driving clients to the firm), but your lack of follow-through may be crushing your conversion rate (creating a low ROI when measuring the number of actual new clients gained).

Many legal practices and B2B services have long sales cycles. These firms may need to spend more dollars (and time) on long-tail initiatives that deepen relationships with key referral sources or concentrate on building impressive credentials for their attorneys showcasing niche expertise. While it is rare that publishing a single article in an industry trade publication will cause the phone to ring with a new client, having that publication listed on an attorney’s bio will likely be an influencing factor in their assessment of the attorney’s expertise. These types of activities will be harder to attribute individually to a specific client acquisition. However, they are worthwhile as contributing factors, making their cumulative effect very powerful. In these cases, the most important measure may not be the number of reader impressions with potential clients or referral sources, but rather ensuring that the activities are targeted to engage the right specific people with hiring or influencing authority—typically a small subset of individuals.

Measuring What Matters

There are nearly limitless metrics you can use to determine whether a marketing campaign is effectively supporting your goals. Here are a few more ways to think about the question of ROI.

If the firm is expanding into a new geography, is your marketing generating new leads originating from that location? Are website visitors engaging with content that is specifically relevant to that location?

If the firm places digital ads with a publication, have you set them up with tracking links so you can see the number of visitors that come to your website directly by clicking on that ad? Are you testing and tracking different versions to continuously improve on your results?

If you want to showcase niche expertise, have you increased the volume of content published on the topic (via blogs, article placements, podcast appearances, videos or other media)? Are you leveraging that content across multiple platforms? How are your audiences engaging with that content?

Final Thoughts

Be patient. Remember that marketing requires consistency. Just because you become bored with your campaign and are ready to move on to the next shiny marketing object doesn’t mean that you’ve even scratched the surface of market penetration. Some say that it takes seven impressions before your audience will consciously process your advertising message. Of course, having the right solution communicated to a potential client exactly when they need that particular service is the secret sauce. Since you rarely know when that is going to be, having a consistent presence is the key.

The value of any marketing activity is ultimately how well it helps support your business goals. You don’t have to address all of the aspects discussed above with a complete overhaul of your marketing program, especially if you are a small team or managing a limited budget (and let’s be honest, who isn’t?). Rather, identify one goal, build a targeted campaign around that, and measure it (ideally, you’ll have a baseline based on historical data). Try new things, measure, analyze, and adjust. If you aren’t seeing the needle move after a reasonable period, try something different. The better you focus your marketing and business development activities in support of specific firm goals, the more you will realize a positive return on your marketing investments.

Is Traditional SEO Dead? Google’s Danny Sullivan on AI Search

Mon, 02 Feb 2026 16:17:17 GMT

It’s the question keeping legal marketers up at night: “With the rise of AI-powered search, is traditional SEO still worth the investment?”

If you’ve been fielding questions from stakeholders asking for Artificial Intelligence Optimization (AIO) or wondering why your firm isn’t pivoting its entire strategy to optimize for ChatGPT, you’re not alone. The search landscape is shifting, and Google’s introduction of AI Overviews has created a climate of uncertainty.

However, the panic about the “death of SEO” is largely overstated.

Google’s Search Liaison, Danny Sullivan, recently addressed these concerns. His message was clear: You do not need to choose between traditional SEO and AI optimization. In fact, trying to separate them could be a costly mistake for your firm.

The “New Stuff” is Built on the “Old Stuff”

When tools like Google’s AI Mode and AI Overviews arrive on the scene, the instinct is to demand a specific strategy for those platforms. Sullivan acknowledged that SEO professionals are in a tough spot when stakeholders demand “the new stuff.” However, he warns against inventing something entirely new merely out of appeasement.

Instead, Sullivan explained that the best way to succeed with AI Overviews is to continue executing the fundamental SEO practices that have always worked. He advised telling stakeholders, “These are continuing to be the things that are going to make you successful in the long-term… I’m keeping an eye on it, but right now, the best advice I can tell you when it comes to how we’re going to be successful with our AEO is that we continue on doing the stuff that we’ve been doing because that is what it’s built on.”

The “fancy new thing” is built upon the foundation of the “same old thing.” Google’s AI is trained to look for high-quality, helpful, and authoritative content, the exact same metrics traditional SEO has prioritized for years.

Abandoning SEO Won’t Help Your Firm’s ROI

There is a growing trend of “AI Optimization” services suggesting that businesses should tailor their content specifically to rank in chatbots like ChatGPT, Claude, or Perplexity. This often involves creating listicles or tweaking keyword phrases in ways that feel spammy, tactics that reputable SEOs abandoned nearly two decades ago.

Before you pivot your budget to chase chatbot visibility, you must look at the numbers.

The search traffic share for these standalone AI chatbots is a fraction of a percent. Estimates place ChatGPT’s search market share between 0.2% and 0.5%, with competitors like Claude registering close to zero.

Compare this to Google and Bing, which still command the vast majority of global search traffic. From a Return on Investment (ROI) perspective, prioritizing AEO (Answer Engine Optimization) or GEO (Generative Engine Optimization) over traditional search makes zero sense. You would be optimizing for a microscopic segment of the audience while neglecting the platform where your actual customers are searching.

The Risks of Over-Complication

Google’s AI Overviews and AI Mode are different from standalone chatbots, but the underlying machinery remains the same. Sullivan confirmed that the ranking systems powering these AI interfaces are still based on Google’s classic search algorithms.

If you start bifurcating your strategy by creating one type of content for “Search” and another for “AI,” you risk overcomplicating your marketing operations. Sullivan warned that dramatic shifts in strategy to chase AI rankings often lead to confusion rather than success, “The more that you dramatically shift things around, and start doing something completely different… the more that you may be making things far more complicated, not necessarily successful in the long term.”

Simple, high-quality content remains the gold standard. If you muddy the waters with complex, divergent strategies, you may dilute your overall authority.

The Evolution of Technical SEO

If content is king, what happens to the technical side of SEO?

During the same discussion, Google’s John Mueller offered an interesting perspective on the evolution of technical SEO. In the early days of the internet, simply making a site accessible to a crawler required significant technical heavy lifting.

Today, modern Content Management Systems (CMS) have changed the game.

Mueller pointed out that platforms like WordPress, Wix, and Squarespace now handle the majority of technical SEO requirements “out of the box.” This doesn’t mean technical SEO is dead; complex sites still require expert architectural management. But for many businesses, the barrier to entry has lowered.

Sullivan agreed, noting that this shift is positive. It allows marketers and business owners to stop stressing over backend code and focus on what truly matters: the content. Sullivan notes, “I don’t even want to think about this SEO stuff anymore. I’m just getting back into the joy of writing blogs … That’s what we want you to do. That’s where we think you’re going to find your most success.”

By letting the CMS handle the technical baseline, your team can dedicate its resources to creating the kind of deep, expert-driven content that feeds both the traditional search engine and the AI Overview.

How SEO and AIO Work Together

The verdict is clear: SEO and AIO are not enemies. They are partners.

Optimizing for traditional search is, by definition, optimizing for AI Overviews. The AI needs a source of truth. It needs clear, structured, and authoritative data to generate its answers. If your website provides that through solid SEO practices, you are positioning yourself to win in both arenas

So, what does a robust SEO/AIO strategy look like?

Stick to E-E-A-T: Google’s criteria for Experience, Expertise, Authoritativeness, and Trustworthiness apply to AI just as much as traditional links. Ensure your content is written by experts.

Provide Comprehensive Answers: Platforms like AI Overviews leverage “query fan-out” to break down single, complex queries into multiple, specific sub-queries. When writing about a topic, aim to be as comprehensive as possible. For example, if you’re working on a blog about “divorce” in a particular state, be sure to cover all the angles, from child custody and asset division to alimony and mediation vs. litigation.

Focus on Readability: If a human struggles to read your content, an AI likely will too. Use clear sentence structure, avoid legalese, and use headings and bullet points to ensure scanability.

Don’t Chase Algorithms: Algorithms change daily. If you prioritize writing for the human user, you are future-proofing your content against whatever update comes next.

SEO/AIO For Law Firms: A New Visibility Paradigm

The arrival of AI in search is a significant technological shift, but it does not require a complete reinvention of your marketing wheel. As Danny Sullivan advises, the “fancy new thing” is rarely as sustainable as the foundational practices that built it.

The path forward is one of integration, not separation. You don’t need to view AI Overviews as a separate channel that requires a new budget and an entirely new strategy. Instead, see it as the evolution of search, one that rewards the same high-quality, expert-driven content you should already be producing. Focus on your audience. Answer their questions. Demonstrate your expertise. If you do that, the algorithms, human-coded or AI-powered, will follow.

Orange County, January 2026

Mon, 05 Jan 2026 14:26:52 GMT

San Diego, January 2026

Mon, 05 Jan 2026 14:25:56 GMT

A Legacy Built On Catastrophic Injury Expertise

Mon, 05 Jan 2026 14:24:56 GMT

Contact

William D. Shapiro Law, Inc.

Orange County Office:

1020 Ross Street

Santa Ana, CA 92701

Inland Empire Office:

893 East Brier Drive

San Bernardino, CA 92408

714-602-6990

949-922-8690

www.wshapiro.com

A family-led firm staying true to its roots, delivering elite advocacy, life-changing results, and unwavering commitment to clients for more than four decades

I’m one of those guys who believes when you're holding yourself out as an expert in a field, you should be an expert in that specific field. In our area of law, which involves serious catastrophic personal injuries, wrongful death, and related cases, we choose not to expand beyond those areas,” William D. Shapiro, Founder of William D. Shapiro Law, Inc. says. Practicing since 1979, he founded the firm in 1983 with specific practice areas including claims arising from spinal/back injuries, head/brain injuries, amputations, car/truck/motorcycle collisions, Uber and Lyft accidents, pedestrian accidents, defective products, roadways and premises, as well as medical malpractice. Shapiro leads the team with sons, attorneys Brian D. Shapiro and Mathew D. Shapiro.

The adage, the more things change, the more they stay the same, in many ways applies to William D. Shapiro Law, Inc. Throughout the decades the firm has remained steadfastly committed to serving those whose lives have changed due to devastating injuries or to the death of a loved one. “We’re a boutique firm handling a limited number of cases. The most important thing to me is that we maintain our focus on quality lawyering at every level from being introduced to clients through trial. Most of our cases are referred by past clients, other attorneys, judges, court staff and others. We take great pride in the quality of our workmanship, the relationships we have with our clients and the results we achieve,” Shapiro says.

“Our office and law firm have worked with Bill Shapiro and his exceptional staff for several years. Bill has done an outstanding job navigating complex and catastrophic injury cases, achieving remarkable results. His staff is attentive, diligent, and maintains excellent communication.

Most recently, Bill Shapiro and his team, including Brian Shapiro, excelled in a case where our office served as Guardian Ad Litem. They passionately advocated for a young girl whose life was profoundly altered by a horrific, catastrophic injury. The hours and dedication the firm invested in this matter were truly impressive to witness firsthand. We are deeply grateful for the outstanding work and results achieved by this firm.” – Matthew D. Scott

Family Wins

As a father-and-sons team, they have recently won seven- and eight-figure injury and wrongful death cases, which has been the case for many years. Recent cases include a mid-eight-figures win for an infant girl who suffered catastrophic brain injury due to social services failures. Other successes include another mid-eight-figure wrongful death result against multiple commercial motor carriers and their maintenance contractors whose collective negligent conduct caused the death of a young wife and mother. The firm has overcome sports waivers, prevailing in a spinal injury claim against a recreational company. They have taken on cities, counties and the State in catastrophic injury and wrongful death claims for dangerous roadways and other conditions, and a public entity whose staff refused to respond to a medical emergency due to alleged “Covid policies.” They have prosecuted many multimillion-dollar medical malpractice actions stemming from birth injuries, brain injuries, amputations and deaths against negligent doctors, hospitals and health care providers and have recovered on behalf of numerous victims of the Route 91 music festival shooting.

Their current caseload exemplifies the breadth of their services within the firm’s niche: a young man who lost his entire immediate family (mother, father, brother) in a tragic traffic collision against the adverse driver, his employer and the public entity that owned and maintained the roadway; a husband and wife each suffering catastrophic injuries in another traffic collision against the State due to an alleged dangerous roadway condition. The firm is handling multiple trucking cases including a wrongful death traffic collision case involving a truck with mechanical issues stopped on the freeway, the driver slowing for hundreds of feet, claiming he couldn’t pull over; another a brain injury case in a truck/pedestrian incident; a young man who lost his father on a motorcycle when struck by a FedEx delivery driver who wasn’t paying attention; a husband who lost his wife after she died as a result of unsuspecting tuberculosis when a surgeon used bone material during a surgery that was contaminated with tuberculosis; a baby whose mother died due to alleged improper ET tube placement resulting in lack of oxygen; a husband and injured daughter who lost their wife/mother in motor vehicle accident allegedly caused by a negligent driver and inadequate traffic signal placement; and a two-year-old girl who suffered lacerations all over her face after being attacked by a dog. They also completed two hotly disputed mid-seven-figure medical malpractice cases just before trial. One concerned a 36-year-old woman who while in a rehab hospital, suffered quadriplegic injuries from a fall allegedly due to alleged lack of supervision. The other case where the endotracheal tube in a one-year-old boy allegedly dislodged during transport in the hospital resulting in lack of oxygen and brain injuries.

Brian Shapiro says, “When you experience heart issues, you go to a heart specialist. When you have a brain-related problem, you see a neurologist. That wisdom should apply to seeking a lawyer when people are injured or suffer losses in our practice areas. We are current on the applicable laws, procedures and ability to present these cases. We meet the challenges and the opportunities and incorporate the most effective means of presenting catastrophic injury and wrongful death cases.”

Matthew Shapiro says, “Working statewide and sometimes beyond, much of our work comes from other attorneys and others who have seen our results. We have built and will continue to build strong relationships with many lawyers, past clients and people in the communities we serve. We’re honored by the number of referrals and the testimonials we receive, which says a lot and we’re honored and proud of the recognition we receive of the quality of our work, results and our expertise in our practice areas.”

The Team: Brian D. Shapiro, William D. Shapiro and Matthew D. Shapiro

Collaborative Management and Family Ties

Shapiro describes the firm as being “freakish on being fundamental” while taking creative approaches to solving the challenges in their practice areas. Although he may think out of the box and sometimes take non-traditional approaches, his management philosophy is conservative. That conservative approach is exemplified in the collaborative approach he takes with Brian and Matt, who are actively sharing management roles at the firm. Although he works diligently to transfer his more than 47 years of experience, he does not micromanage the shared responsibilities. Shapiro says in the office, his sons get no credit for being his blood, only for being outstanding attorneys.

Brian Shapiro says, “Each of us shares a firm belief there’s no replacement for hard work, dedication and passion and that’s how we practice law. We understand our clients trust us to be their voice, their advocate regarding something tragic that has happened in their life. We must be the best we can be and through everything I’ve experienced at this office, that’s the way it’s always been, that’s the way Matt and I were raised. We don’t always all agree, but we always end up with what is in the best interest of our client.”

Collaboration is a key element of the firm’s ongoing success. For example, Bill Shapiro will be the president of National of the American Board of Trial Advocates (ABOTA) in 2026, which will require him to be out of the office a significant amount of time. While out of the office, he’ll be in constant contact through phone, email and Zoom contacts. Much of the day-to-day management will rest with Brian and Matthew Shapiro. Shapiro also notes there will be a day when he will retire, but not yet. “I’m seeing to it that the firm is and will remain in the capable hands of outstanding attorneys. Brian and Matt are the next generation of the firm.”

Brian D. Shapiro and Matthew D. Shapiro

Staying Ahead of the Technology Curve

Shapiro says, “We have increased the effectiveness of our traditional methods using the latest modern systems and equipment. We use cutting-edge technology, AI tools and remote communications to stay ahead of the curve and keep pace with the ever-changing legal field.”

For example, William D. Shapiro Law, Inc. was among the first firms in California compelled to conduct a hybrid trial during Covid—beginning in person and continuing remotely for several months. Shapiro and his team have learned from that experience and woven that knowledge into their long-term approach from opening a file to trial. They are prepared for how cases will be handled and tried in the future.

Shapiro emphasizes that he and the team use and manage the latest technology but take the necessary steps to make sure they are not misguided or misled by technology. The use of AI by legal firms is a good example. AI is a valuable tool provided those who use it are careful of the results obtained and who remain in full control of the data and its uses. For example, many firms cite instances in which AI used as a research tool actually falsely created case references that fit the needs of the attorney or firm using the process. “I’ve given some programs or participated in programs relating to AI and when these things hallucinate, it's false. You can never rely on AI for final legal research.”

The firm uses the technology, but always backs up anything related to research by personally reviewing the case, the research, and the supporting documentation. They are careful to never rely on AI for firsthand research. They do their own writing for final drafts and presentations.

Shapiro finds that AI is an exceptionally good tool in summarizing depositions and other things, but still the information obtained needs to be verified before use. Brian says, “AI can be amazing however you always have to double check it. The lawyers who use it without double checking are practicing at risk. If they want to use the initial results as a final draft, they're going to get themselves in a pickle. In fact, some courts are now saying they want you to sign a declaration that you did not use AI in the drafting of this document. We don’t and never will make that mistake.”

Overuse of technology is another danger. Shapiro warns students in his Trial Practice classes about the dangers involved in over-dependence on AI and other technologies, such as smartphone communications and a reliance on texting. Attorneys must have the ability to write and communicate, converse with juries, clients, other attorneys, service suppliers, and judges. They must be able to articulate quickly and, on the spot, using the right words and inflections to create powerful images in a person’s mind. “Many of the people coming out of schools today, not just law schools, but all schools are not communicating. They’re too abbreviated. Many are in such a hurry to communicate that they’ve actually lost the ability.”

Shapiro tells his law students and young lawyers that fifty percent of trial work has little or nothing to do with law. Juries make decisions on such non-legal matters such as the attorney’s manner, the presentation, pacing, body language, positioning and being civil and courteous.

“These are all things having nothing at all to do with law. For me to get a damage award, I have to paint a vivid word picture that tells my client’s story not only factually, but emotionally so that the jury understands the challenges my client faces. We trial lawyers must concentrate on the skill of storytelling, with descriptions using sixth grade English, so things are easy to understand.”

Matthew D. Shapiro, William D. Shapiro and Brian D. Shapiro

A Change of Address

William D. Shapiro Law, Inc. has experienced one major change between the then and now. The firm’s client base has continually expanded to include Orange County. Opening a new office by the courthouse in Santa Ana became the logical next move for the firm. This makes serving clients more convenient and efficient. The firm is committed to more than just operating out of a new facility. Shapiro says he and everyone in the office have planted a physical footprint in the community—a statement that they are an active member of and are committed to enhancing the lives of the people in that community.

Matthew Shapiro says, “We are striving to be a vital part of the community, and the people in the community are learning that. We’re not just a number in a big online ad on the internet pretending to be in the community, we’re here. Our neighbors can drive by and see our location. They can see we’re real people really here.”

Community involvement and action is a hallmark of the firm’s management team. William Shapiro has been active on the executive board and a volunteer of Legal Aid for more than 40 years. Brian and Matt Shapiro volunteer regularly to provide pro bono services to the community. All three attorneys contribute significant time, energy and resources to preserve the rights of consumers through the legislative process. Long ago, establishing the William and Susan Shapiro Scholarship, Bill has for years contributed in their name to two deserving Western State law school students. Additionally, the firm donates extensive resources to the foundations of American Board of Trial Advocates, the International Society of Barristers, and the International Academy of Trial Lawyers all of which goes to humanitarian causes.

William D. Shapiro not only looks back on previous and current success within the legal field; he has a strong desire to ensure that his firm will continue to have a positive impact on the future. “I have always wanted to leave my profession in a better place than when I entered it. I love the law; my sons do as well. I love the people we work with, represent, and the system of justice we’ve made our profession. While I may have started off to be a coach, I’m so fortunate to have found my calling.

A Legacy Built On Catastrophic Injury Expertise

Mon, 05 Jan 2026 14:21:55 GMT

Contact

William D. Shapiro Law, Inc.

Orange County Office:

1020 Ross Street

Santa Ana, CA 92701

Inland Empire Office:

893 East Brier Drive

San Bernardino, CA 92408

714-602-6990

949-922-8690

www.wshapiro.com

A family-led firm staying true to its roots, delivering elite advocacy, life-changing results, and unwavering commitment to clients for more than four decades

Family Wins

The Team: Brian D. Shapiro, William D. Shapiro and Matthew D. Shapiro

Collaborative Management and Family Ties

Brian D. Shapiro and Matthew D. Shapiro

Staying Ahead of the Technology Curve

Matthew D. Shapiro, William D. Shapiro and Brian D. Shapiro

A Change of Address

The Power of Story: How to Use Stories at Trial and Mediation

Sun, 04 Jan 2026 20:42:32 GMT

Trial lawyers are master storytellers, and storytelling is a powerful art. It’s powerful because human beings communicate, plan, operate, and live every day in the context of stories—fantastic narratives in which we mutually agree to abide, and from which we understand the world around us. Because stories are such a critical part of the human experience, honing the art of narrative storytelling will make you a better trial lawyer, and a more effective advocate for your clients in mediation as well.

A story, when carefully crafted, is like a Trojan horse—it’s a vehicle for infiltrating the minds and hearts of others with a message, and once safely secured behind the walls of our prejudices and preconceived notions, the story takes hold of our conscious mind and imposes its will. The Trojan horse was a military weapon of subterfuge used to conquer a great city, but stories don’t have to be used for nefarious purposes. They can also be used to provide information that empowers people to establish justice.

What Are Stories and Why Are They so Important?

Stories are the primary way that our species exchanges information. Wherever information is shared, critical messages are communicated via a story. The better the story, the better the communication. As a vehicle, a story can transport us through time and space, take us to places we’ve never been or that don’t exist, and trigger real, physiological responses—from joy to grief. Stories are important because they are powerful, uniquely human tools. Our species has been engaged in the practice of telling and believing stories ever since the first apes gazed at the stars and fashioned them into gods. Perhaps this ability to tell and believe a narrative is what separates us from the other animals.

While I don’t know why we make up and believe stories, as a trial lawyer, I’m an expert storyteller and have seen, firsthand, the impact of stories, not only on juries, but also on people in general—and so have you. It’s just that the make-believe is so commonplace that we often fail to realize we are a part of the narrative. Whether it be the story behind a nation’s flag, which may instill the pride we have in our country; the stories we believe about money, which convert a mere paper object into currency; or the stories wielded by a trial lawyer spinning a yarn of evidence into a verdict of gold, we find ourselves yielding helplessly to the narrative. Not out of naiveté, but because stories are useful. They bind us to one another and allow people to cooperate in complex ways, which is why I am fond of telling plaintiff’s and defense lawyers alike that, “if you want a jury to connect and cooperate with you, then you must have them accept your invitation to become a part of a story.”

The Mechanics of a Good Story

So, let’s talk about the elements of a good story. Take a typical auto accident case. It’s easy to become a little lazy when it comes to the narrative. The police officer’s incident report tells us what happened, and the medical records provide evidence of damages, so our instinct is to frame the story around what the officer has described and what the doctor has diagnosed. But the officer has been trained to provide the most boring factually neutral story possible, and the doctor is a scientist, not a storyteller.

On the other hand, trial lawyers are tethered only by evidence and procedure. Because the evidentiary elements of our cases are so critical, we can often be tempted to spend inordinate amounts of time developing our evidence at the expense of developing a compelling story—all while squandering the trial lawyer’s gift. Do not fall prey to the tide of form over substance. Resist by crafting your evidence into a gripping and persuasive story.

A good story need not be complex, but it must be told well. Stories, at least those stories that tend to move people, generally follow a problem/solution pattern. There is a status quo that exists. A situational problem arises. Then a solution or victory is obtained, often by a person who is a hero. The knottier or thornier the problem, and the more creative the solution, the more that story resonates, and picks open locks in our minds. This is why inside a good story, we’re more open-minded, and more persuadable.

Coincidentally, the classic framework of a captivating story is the same framework encountered in many of our cases. A person is bumping along, living his or her life, and then—bang! Bad things happen; perhaps a contract is breached or someone becomes horribly injured. Now the person must fight through the problem. He may have lost a critical business opportunity, or she might have medical expenses, pain, suffering, loss of a job, or other troubles.

As lawyers, we have the opportunity to fashion the evidence
into a story that empowers a jury to accept the solution that our clients desire. If you have told the type of story that has brought the jury into the life of the character—your client—the jury will step into the story and take on the role that they’ve seen played out repeatedly in stories throughout their lives. They become the agent of change. The hero who dispenses justice and restores righteousness and order to the lives of the parties involved. Whether your client is the plaintiff or the defendant, when it comes to the jury, the best story (vehicle for transmitting your ideas) wins.

To sum up, the facts of your case are the battleground, but the story is the fight. The main ingredients of a story are character, conflict, and resolution. Your story should include your client, how his or her life was disrupted, and then (hopefully) a verdict in his or her favor. You want the jury, your audience, to care about your client/character, and you want the relief to be an appropriate remedy.

Using Stories at Mediation and Trial

Remember this as you build your case. Look beyond the facts in a contract, police report, medical records, testimony, or other evidence, and ask yourself—what story does this tell? Because the story is what compels people. The story is what captures people’s most vulnerable human instincts, and the story is what wins.

To build this kind of narrative as you prepare for trial:

Identify your story early and keep an open mind because you may need to adapt it.
Choose a main character—perhaps your client (or your client’s family), a business owner (or the business’s employees). And make your characters real-life, multi-dimensional people that the jury can grow to know and love.
Establish trust. People will avoid talking about difficult circumstances unless there is trust, and it’s the difficult things that make a story rich and exciting. When clients/witnesses trust you, they provide deeper, more complex information for your story.
Look for a theme that runs throughout your story. Is it about distracted driving? Profits over people? Safety? The theme is often connected to the essence of the conflict. For example, the conflict may look like, “the red car hit the blue car.” And that’s a story, but it isn’t a good story. A good story is that the person in the red car was distracted when she was supposed to be guarding the safety and well-being of her fellow motorists.

Case facts don’t make themselves into a story on their own. They must be shaped. A jury is supposed to carefully evaluate each party’s facts and determine, by the evidence presented, what outcome should take place. But we’re human beings. We construct and believe in stories, and so the better-told story can often mean the difference between a win and a loss or a win and a big win.

When you understand your story, you develop evidence that supports that story. Think of the “whys”. Why did the tragedy happen? Think of big-picture aspects that are bigger than the incident that caused the harm. What can the jury fix? How can the jury fix it?

Stories are not only useful at trial. Your client’s story can also be an effective tool at mediation and can help the mediator understand not only the facts of the case but also how your client has been affected—and how a jury is likely to respond to your client. At mediation your goal isn’t to convince a jury; nevertheless, crafting a thoughtful, compelling story can help you better prepare for mediation and for trial, should mediation fail.

Finally, practice your story. Share it with your significant other, your law partners, the Lyft driver. Tell it over and over again. You’ll find yourself tweaking it and perfecting it along the way. Tell it so often and so well that it ceases to be a mirage and becomes a manifested reality. Don’t worry about sounding contrived. You’re telling a story, and that’s what juries and people want. I say this—the good lawyers practice and practice until they get it right. The great ones practice and practice until they can’t get it wrong.

*Originally published in the Daily Report and reprinted with permission.

Mediation Checklist: Ten Things That Help You Get It Settled

Sun, 04 Jan 2026 20:39:04 GMT

Having participated in mediations as an advocate and as a mediator, I can say that the mediation process lends itself well to the resolution of all kinds of personal injury claims. From motor vehicle and premises liability cases to medical malpractice, products liability and labor law matters, a good mediator will give the parties the opportunity to manage risks and avoid the uncertainty of having the fates of the litigants decided by six people you have never met before. A mediation will often be the last best opportunity for the parties to discuss a resolution in earnest before they get into a courtroom and start trying the case. Of course, cases can settle during trial, but those settlement figures are often skewed by the courtroom events. If an important witness is obliterated on cross-examination (or does not even show up), the settlement numbers will go up or down accordingly. A mediation gives you the chance to discuss the case “as is,” without the unpredictability of a trial.

Mediations are similar to trials in the sense that they work so much better when everyone is fully prepared. So, if you agree to mediate a case, take that opportunity seriously. A cursory review of your file the night before the mediation generally will not suffice. Indeed, when I look back at the cases that have not settled at mediation, the number one reason was that one or more of the parties did not properly prepare.

What follows is a checklist of sorts, that will hopefully help attorneys and litigants on both sides get better results from the mediation process. Here are the ten things that you will need to get the case resolved:

Bring your clients. This may seem painfully obvious, yet I hear so many attorneys say, “The claims examiner is on phone call alert” or “My client is waiting to hear from me.” As a general rule, the more involved the clients are in the mediation, the greater your chances of success are. Now, when I say that you should “bring” your clients to the mediation, I am using that word in a broad sense. For better or worse, the overwhelming majority of personal injury mediations are now done virtually. The plaintiff himself or herself does not necessarily need to be in front of a camera, listening to every word that is said. But having the plaintiff physically present in the attorney’s office shows a level of commitment to the process. It also makes the conversations about offers and demands much easier and helps to move the mediation forward. On the defendants’ side, having the claims professional on the Zoom call helps tremendously. The mediation process becomes disjointed and often loses steam when all developments have to be discussed in private phone calls between defense counsel and the insurance company representative.
Listen. Nobody in the history of the world ever learned a thing just by talking. The single most important thing that the participants can do during the mediation itself is listen – not just to the mediator, but to all of the other participants. You need to listen to the other side explain precisely what the evidentiary basis is for their current demand or offer. Yes, there will surely be some posturing by the attorneys. A big part of the mediator’s job is to get the parties past the bravado and unhelpful rhetoric and move them toward a more reasonable and realistic place.
Have pre-mediation discussions. I am always amazed when the parties tell me that they have not had any settlement discussions at all before the mediation session. Pick up the phone, people! As a general rule, the plaintiff should make a settlement demand well in advance of the mediation, as this allows the other side sufficient time to evaluate the settlement possibilities.
Have pre-mediation discussions with your co-defendants. The proper evaluation of a personal injury case from a defendant’s perspective must include an opinion on the percentages of contribution needed from each defendant and third-party defendant. Yet we often see co-defendants taking diametrically opposed positions on percentages that have never been discussed before the mediation. If your evaluation relies on your co-defendant for a significant contribution towards the overall settlement, pick up the phone and discuss the case with the attorney and/or the claims professional in advance of the mediation. Alternatively, you can consider a defense-only mediation session, where contribution, indemnity, and coverage issues can be resolved, so that the focus can be solely on the value of the case when it is discussed at the next session with plaintiff’s counsel.
Prepare BRIEF submissions. Take the time to prepare submissions for your mediator. They do not have to be voluminous; in fact, they should be quite succinct. Do not send your summary judgment motion with complete copies of all 47 exhibits. Brief statements on key liability and damages issues, with references to the specific supporting evidence, are most helpful. Please include the history of all prior settlement discussions, as well as insurance coverage information for the defendants.
Meet with your clients. This is crucial, whether you are representing the plaintiff or a defendant. Decisions need to be made, in advance of the mediation, on where the settlement discussions will begin and end. (Of course, the end point may change at the mediation. See item 10.) Regardless of which side you are on, make sure that you have these conversations with the actual decision makers. A spouse or relative may have significant influence on the plaintiff’s decisions. If so, get them involved early on with the discussions. If the settlement money required on a case is above the authority limits of the claims professional to whom you have been reporting, have communications in advance with the supervisors who possess the requisite authority, as it may prove difficult to get their input during the mediation, especially if they have not reviewed the case previously.
Don’t try your case at a mediation. The trial of a personal injury case is an exceptionally adversarial proceeding. Everybody wants to win and the trial attorneys will go to great lengths (within the bounds of fair play, of course) to get that victory. A mediation, on the other hand, is a more collaborative event. While the attorneys will surely advocate for their clients at a mediation, the result that they seek is a settlement to which everyone must agree. So, it is best to leave the “scorched earth” tactics and the “winner-take-all” trial mindset at your office when mediating a case. However…
Bring your admissible evidence. While we are not trying the case at a mediation, we are evaluating the case based on the potentially admissible evidence. This is sometimes referred to as the “lens of admissibility.” Be prepared to highlight the admissible evidence that supports your position. Whether it is a photograph of a clearly defective condition, a series of questions and answers in a deposition transcript, or an emergency room record, the evidence itself should be brought to the attention of not just the mediator, but everyone in attendance. Always remember that it is the other side that you are trying to convince as to the value of the case, not just the mediator.
Watch your language. Once the parties agree to a mediation, they all have the common goal of a settled case. All attendees at a mediation are well advised to ask themselves: Is what I am about to say going to be helpful in getting this case resolved? For example, we often hear settlement demands described as “outrageous.” According to Roget’s Thesaurus, synonyms for “outrageous” include: barbaric, disgraceful, heinous, inhuman, scandalous, and wanton. Is that the word you really want to use?
Keep an open mind. The trial judge gives this admonition to the jury throughout the trial, so that jurors do not make up their mind too soon, thereby ignoring potentially game-changing evidence. Mediation participants must be prepared to adjust their positions, so that a settlement can be reached. It may seem counterintuitive to spend so much time and effort on evaluating the case before the mediation, only to revise your numbers during the mediation. But the evaluation of personal injury claims is enormously subjective, and reasonable minds will differ. So, the question is not just what YOU think the case is worth; it is also what range of numbers will achieve the desired goal of getting the case resolved.

So that’s my list. If you think that I left something out, I would love to hear from you. I can’t promise you that your mediations will all be successful if you follow these ten steps. But I can pretty much guarantee that if you don’t do any of them, your case is going to trial.

How Much to Pay an Associate Attorney

Sun, 04 Jan 2026 20:18:59 GMT

How much a law firm should pay an associate attorney is an age-old question that many law firms consider. Many law firms debate this question, making it difficult for them to develop a workable formula that works within their budget.

Law firms often gravitate to one of two extremes. One extreme is that law firms overpay associates to lure them to work for their firm. However, if a law firm overpays for talent, the law firm owner often makes no money themselves. It may also be challenging to meet other firm financial obligations if the payroll is too high. Law firms that pay associates too much money ultimately get overextended, have to let employees go, and implode.

To a lesser extent, some law firms may not offer enough in salary. If that is the case, it is hard to attract top talent to the law firm. When that occurs, it is hard for a law firm to hire lawyers. Law firms do need to consider average salary data to determine a reasonable pay range. Yet, the salary data is not the be-all and end-all. The numbers still have to work financially, based on the law firm’s budget and forecasts.

What Is a Reasonable Way to Pay Associate Attorneys?

Every law firm is a little different. Depending on the practice area, how a law firm pays associates can change. However, many prognosticators argue that a law firm associate should receive about one-third of the revenue generated by them. Many would refer to this system as the “old rule of thirds” for paying lawyers. Under this system, one-third goes to the lawyer, one-third to overhead, and one-third to the law firm.

Thus, if a lawyer brings in $300,000 in actual revenue, many would argue the lawyer should make a base salary of about $100,000 per year. Of course, the analysis gets complicated when the lawyer did not bring any of the business into the law firm, but instead, all their revenue comes from cases generated by the law firm’s marketing efforts, given that marketing is often expensive. With increasing overhead costs, including rising health care costs, the formula can also be more complex.

Collection rates can muddy the water, too. If a lawyer bills $300,000 in billable hours per year but collects only $200,000 of that amount, the associate would not receive $100,000 under the rule of thirds. Instead, to the chagrin of many associate attorneys, they would receive a salary of $66,666.66.

One lawyer argues today that the new norm for paying an associate is 20 percent of the revenue they generate for the law firm. The rationale for the 20 percent argument is challenging economic conditions and rising benefit costs, including health care costs. Such a position also makes sense when considering inflationary factors, including the cost of advertising to bring in potential clients when an associate does not have their own book of business.

While many law firm associates may not like hearing that their base salary should be somewhere between 20 and 33 percent of the revenue they can reasonably be expected to earn, the reality is that law firm owners would be wise to heed this guidance. If they pay more than this amount to attract or retain talent, they will likely put themselves and their firm in financial trouble.

Many law firms specifically get themselves into trouble by offering a base salary that is not within the 20 to 33 percent range of the revenue the lawyer can reasonably generate. Instead, many law firms set salary ranges solely on online salary data or what it takes to hire lawyers away from their competitors. When that happens, many law firm owners become frustrated when their lawyers do not meet their billable-hour or revenue requirements. They also suffer financially, and the firm’s viability can be jeopardized. Thus, law firm owners need to follow the metrics of their lawyers and law firm to ensure that the salaries they are paying make financial sense.

What About Incentives on Top of Base Salary?

Many law firm owners also wonder whether incentives, in addition to the base salary, will motivate lawyers to meet their productivity metrics. Paying lawyers incentives probably makes sense for many law firms. By doing so, lawyers have an incentive to exceed their goals because they will make extra money.

Law firms can set up incentives in many different ways. A law firm may:

Pay a set discretionary bonus to an associate lawyer who met the billable hour and accounts receivable goals;
Pay lawyers a discretionary bonus if they bring in a case outside of the law firm’s marketing efforts; and/or
Come up with a formula-driven bonus system that pays associates a portion of any profit they make for the firm, although complicated formulas can lead to computation disputes with associates.

Truth be told, many associate attorneys are not impressed by incentive-based pay. Most are merely looking for guaranteed money—and they will jump ship if a competitor offers more. In their defense, the desire to make the highest guaranteed salary possible makes sense when you consider that many lawyers are coming out of law school with significant student loan debt. It is also challenging to buy a home and have a family in this day and age with rising prices. Yet what many associate attorneys fail to realize is that, if they ever become partners, there is no guaranteed salary. If the firm is not making money, they do not get paid.

In the end, law firms that want to be fiscally responsible need to follow the guidance above. Suppose an associate intends to depart for a higher guaranteed salary. If they are asking for more than 20-33% of the revenue they actually generate, most law firms should let them go. While it is often sad when an associate departs, the law firm is usually better off not to over-extend to keep them. If they do it often, the firm can struggle to succeed. The law firm should instead hire another lawyer with a reasonable salary expectation and move forward.

This Managing Partner Move Helps Business Development Soar

Sun, 04 Jan 2026 20:15:06 GMT

A firm’s client base should be a crystal-clear reflection of its strategy. Here’s how leadership can help ensure that business development professionals bring that part of law firm strategy to life.

Setting the Stage: Strategy and the Client Base of the Future

In a previous post, we explored how even the busiest firm leaders can personally contribute to sales success. This follow-on focuses on one small but powerful—and
too often overlooked—step in the strategic planning process: targeting.

When a firm plans for its next three to five years, it envisions its future market positioning, geographic footprint, brand, buyer awareness, services, people, and other key factors. Even if only implicitly, the strategy also illuminates the client base of the future.

Most new law firm strategies define an ideal client profile. That’s a start, but as Tony Robbins said, “You can’t hit a target if you don’t know what it is.” A profile alone is too abstract to drive consistent action. What’s needed is a specific, strategy-driven target list—by name—of clients to retain and nurture, and prospects to pursue.

The questions, then, are:

Which current clients deserve continued investment, and which have run their course?
Which prospective clients align with the firm’s future direction and need to experience direct and energetic sales efforts?

The Leadership Imperative

Today’s client development teams, now equipped with sophisticated tools, including generative AI, can generate remarkably precise target lists. But without visible and ongoing leadership sponsorship, those lists rarely take hold. Leaders are well-advised to make clear that targeting is a strategic, sanctioned, monitored, and rewarded activity. Otherwise, even the best-intentioned efforts will fade into “business as usual,” and strategic plans will gather dust on a metaphorical shelf.

Two contrasting examples illustrate the points made in this blog post:

The cautionary tale. A mid-sized firm we advised generated a strategy to become a leading advisor to middle-market businesses across all the firm’s limited geographies. With this guidance, the client development team built a list of 3,000 companies, identified key buyers, mapped relationships, and generated preliminary action plans. It was a promising approach, but leadership did little more than acknowledge the existence of a list. Without leaders reviewing, refining, endorsing, and enforcing accountability, enthusiasm waned. Within two years, the middle-market strategy had been replaced by the de facto goal of opportunistic expansion, including “growing globally.”
The success story. A then-Big Six accounting firm embraced a strategy “to serve global companies globally” (my words). Leadership made it clear: “Your job is to serve or pursue Global 1000 clients. Other work is your choice, but we will not invest in it, and it will not drive recognition or compensation.” Within two years, the firm’s annual growth rate rose from single digits to 16%+, it expanded into previously unserved markets where its clients and targets operated, and its workforce expanded by an estimated 20%.

What Firm Leaders Should Consider Doing

Client development teams can deftly perform most of the back-office work required to develop great, strategically guided target lists. But to ensure that names on target lists become names on client lists, leadership might take some or all of the following actions:

Publicly charter the effort. Empower client development leaders to craft and maintain target
lists that reflect firm strategy.
Know the lists. Be conversant with their composition and alignment with firm priorities.
Communicate relentlessly. Reinforce who the firm serves now, who we will serve next, and how each lawyer’s
work contributes.
Monitor the pipeline. Track traction against target lists and step in when progress stalls.
Provide resources and alignment. Support the effort through budget, technology, incentives, and lateral hiring.
Recognize performance. Celebrate wins that reflect strategy and quietly correct those who are off course.
Help lawyers and staff learn to say “no” to proposed off-strategy actions and investments.

The Payoff

When leadership and client development teams align around specific targets, the results are transformative.

Accountability. Progress can be tracked, and success measured, against named targets.
Clarity. Everyone knows the firm’s priorities and what’s expected of them.
Focus. Effort and investment concentrate where they yield the highest return.
Collaboration. Lawyers coordinate around shared priorities, enhancing the client experience.
Efficiency. Time, attention, and resources flow toward what matters most.
Cultural alignment. The firm speaks with one voice about growth and purpose.

Why This Matters

A firm’s client base should be a direct function of its strategy. When leadership sets clear boundaries and expectations, client development becomes not just a clerical exercise but a manifestation of strategic intent.

Turning a strategy into a defined client base requires more than capable business developers; it requires leadership resolve. Ask yourself: Does everyone in your firm know exactly which clients define your future? If not, now is a propitious time to make that clear.

The 8-Figure Blindspot: Why Your Greatest Strength Becomes Your Ceiling

Wed, 31 Dec 2025 16:59:23 GMT

There’s a moment every ambitious founder eventually faces—one that separates the leaders who rise from seven figures into eight … and those who stall out despite
their brilliance.

I see it every week with the managing partners, founders, and high-achieving lawyers I coach. But the clearest example came recently, during a conversation I had in Berlin with a managing partner who runs a highly successful seven-figure firm. He’s sharp. Strategic. Respected. The exact profile of someone you expect to see at an international legal conference.

Over lunch, he shared his plan to scale to eight figures—a smart move in his market. So, I asked him the most natural question in the world:

“Who’s your coach?”

He paused. Smiled. And said, confidently: “I don’t need
a coach.”

And in that instant, he revealed the most dangerous blind spot every high performer has—the myth of more.

The Myth of More: When What Got You Here Stops Working

High performers tend to trust the formula that rewarded them in the past:

More effort
More hours
More control
More personal execution
More of you holding everything together

This founder had built a seven-figure firm by being a world-class problem solver. That strength had served him extraordinarily well. But it had also quietly become a ceiling.

Many founders mistakenly believe that the path to eight figures is simply a continuation of the path that got them to seven. They assume linear effort will keep creating exponential results.

It won’t.

At a certain point—often right around the seven-figure mark—the model collapses under its own weight.

More hours begin to burn out the leader and the leadership team.

More control creates bottlenecks instead of momentum.

More involvement forces everything to route through a single person.

The strengths that once produced success become liabilities.

Eight Figures Is Not an Operational Challenge—It’s an Identity Shift

Scaling to eight figures isn’t about optimizing your schedule or hiring more support staff. It requires something far more uncomfortable: It requires you to change.

Not as a technician. Not as a lawyer. Not even as a CEO.

You must evolve into something that many high-performing attorneys have never been taught to be: A leader of leaders. This requires a complete internal shift—from elite doer to builder of other elite doers.

A doer controls and executes. A leader delegates and inspires.
A doer solves problems. A leader asks better questions.

The founder in Berlin had elevated himself into the CEO seat, but he was still operating like the most elite technician on the team. He was leading with the same instincts that once earned him success in the courtroom.

And that’s why he was stuck.

The Invisible Ceiling: The Belief You Don’t Know You Have

Every founder carries a belief that helped them win early in their career. For many lawyers, the belief sounds like this: “If you want it done right, do it yourself.”

That belief absolutely builds a seven-figure law firm. It absolutely destroys an eight-figure one.

Because scaling requires you to let go.

Let go of control. Let go of being the answer. Let go of being the bottleneck your entire team unconsciously depends on.

But here’s the catch:

You can’t see your own limiting beliefs. You’re standing inside the frame. You cannot read the ingredients on the cereal box from the inside.

That’s why an invisible ceiling is so dangerous—it’s built from patterns you’ve repeated for decades, patterns that feel like strengths but function like restraints.

Why You Cannot Break the Invisible Ceiling Alone

Let me give you the blunt truth: There is no high-performing founder in the world who breaks through their invisible ceiling alone.

Not because they lack intelligence. Not because they lack discipline. Not because they lack courage. But because no one in their life is positioned to tell them the unfiltered truth.

Partners have their own political interests.
Employees are influenced by power dynamics.
Spouses want to protect you from discomfort.
Friends want to support you, not challenge you.

Only one person has no agenda other than your success: A coach. Someone who reflects the patterns you can’t see, asks the questions no one else asks, and challenges beliefs no one else would dare confront. This is why the founder in Berlin will not scale to eight figures until he stops trying to do it alone. And this is why my highest-performing clients scale faster than their peers—because they have a mirror, an accountability engine, and a strategic sparring partner all in one.

Real-World Evidence: What Happens After the Identity Shift

Let me make this real: A client of mine—also a seven-figure founder—was stuck.

She had the team. She had the systems. She even had a leadership layer in place.

But she still felt guilt about stepping back. She still believed she “needed to be in the weeds” to justify her value to the firm. She couldn’t imagine allowing her leaders to fail, even though failure is the only path to growth.

Within six months of shifting from managing people to leading leaders:

She worked fewer hours.
Her firm’s revenue increased.
Her leaders finally stepped into their full roles.
She reclaimed her strategic headspace.
The client experience improved.
She became the CEO the business needed.

She stopped being the operator and grew into the visionary. That is the identity shift required to go from seven figures to eight.

The Question That Separates Leaders Who Scale From Leaders Who Stall

If I could go back to that moment in Berlin, I still wouldn’t try to convince that founder he needed a coach. High performers shut down when you try to “fix” them. Instead, I’d ask him a simple question—the same one I’m going to ask you now: Are you willing to bet your eight-figure dream on the belief that you have zero blind spots? Sit with that.

Now ask yourself a second question: What is the one belief that has always served you—but may now be the invisible ceiling holding you back? Every founder has one. The ones who scale are the ones brave enough to examine it.

Your Next Level Requires a New You

Scaling isn’t about doing more. It’s about becoming more:

More aware.
More intentional.
More visionary.
More willing to be challenged.
More willing to see what you cannot see alone.

The leaders who reach eight figures are never the ones who go alone. They’re the ones who choose to evolve.

Six Legal Marketing Trends Law Firms Must Get Ahead of in 2026

Wed, 31 Dec 2025 16:55:13 GMT

The firms that will dominate client acquisition in 2026 are making fundamentally different strategic moves than their competitors. Will your firm lead the transition or chase after it?

Today, there are six critical shifts reshaping legal marketing:

The AI search revolution that’s already capturing a growing percentage of legal research queries
The death of generic marketing strategies
The rising importance of referral validation infrastructure
The technical SEO factors separating visible firms from invisible ones
The measurement frameworks that prove (or disprove) marketing ROI
The specialization imperative driving client selection

Understanding these trends and acting on them is the difference between growth and stagnation. At 9Sail, we’ve been tracking these shifts for more than a decade, and we’re seeing the competitive advantages compound for firms who moved early. The 12–18-month head start available to forward-thinking firms in early 2026 represents a once-in-a-decade opportunity to establish digital authority before markets become saturated.

The AI Search Revolution Is Already Here (And Most Firms Are Invisible)

The firms dominating these AI platforms aren’t there by accident—they’re there by strategy.

What Generative Engine Optimization (GEO) Means for Law Firms

GEO isn’t just another marketing buzzword—it’s a fundamental shift in how legal expertise is discovered:

Content becomes citation-worthy. AI platforms need comprehensive, authoritative content that directly answers complex queries.
Technical implementation matters. Structured data, clear schema markup, and LLMs.txt files signal credibility to AI.
First-mover advantage exists. Only 2-3 agencies in the legal marketing space offer true GEO services currently.
Timeline urgency is real. You have a 12–18-month window before this becomes table stakes rather than competitive advantage.

Practical First Steps for AI Search Visibility

Start with an honest assessment of where you stand:

Audit your current AI search presence by testing your firm name and practice areas in ChatGPT, Claude, and Perplexity.
Identify content gaps by asking which client questions AI platforms answer without citing your firm.
Prioritize comprehensive, authoritative content over thin keyword-stuffed pages that served the old SEO playbook.
Consider GEO-specific technical implementation for your highest-value practice area pages.

Traditional SEO focused on keywords and backlinks. Generative Engine Optimization (GEO) requires citation-worthy content structure and authoritative source signals that AI platforms trust and reference. AI search represents the most significant shift in client discovery since Google transformed legal marketing two decades ago, but it’s compounded by the death of generic marketing strategies.

Generic Marketing Strategies Now Actively Harm Multi-Practice Firms

The “one-size-fits-all” digital marketing approach that many large, multi-practice firms have relied on for years is now actively costing firms high-value clients. When a boutique firm with specialized expertise outranks a full-service firm with superior resources, it’s not an accident—it’s the market punishing generic positioning.

Why Specialized Boutique Firms Are Winning Digital Battles

Sophisticated clients don’t search for “law firms near me.” They search for specific solutions to specific problems. Boutique firms optimize deeply for narrow specialization. Multi-practice firms often optimize shallowly across everything, trying to be all things to all people. As a result, boutique firms with 10 attorneys outrank their much larger counterparts because their digital presence screams expertise rather than whispers competence.

The solution isn’t becoming a boutique firm. It’s marketing like you have deep, niche expertise in each practice area. That requires abandoning firm-wide generic approaches in favor of practice-specific strategies that demonstrate depth rather than breadth.

Practice-Specific Content Architecture

Implementation starts with honest assessment:

Audit your website structure. Do you have generic “practice areas” pages or deep, authoritative content that answers every question prospects ask?
Develop practice-specific content calendars that address the unique questions criminal defense clients ask versus questions business law clients’ research.
Create practice-specific conversion paths instead of funneling everyone to the same generic contact form.
Build practice-specific landing pages for paid campaigns rather than wasting ad spend sending prospects to your homepage.

Specialization matters more than ever because referral validation has fundamentally changed how prospects evaluate law firms.

Referral Validation Infrastructure Determines Conversion Rates

The most expensive marketing failure isn’t generating too few leads—it’s losing warm referrals during their digital validation research. When a CPA refers a client to your business law group, and that client researches your firm online but never calls, you’ve lost a qualified prospect with the highest possible intent. This “referral validation gap” costs firms millions in lost revenue.

Referral Research Before They Contact You. For Real.

The referral journey has changed permanently:

Data shows referred prospects research the attorney online before making contact.
Referral sources expect firms to have strong digital presence that validates their recommendation.
What prospects look for during validation: specific expertise demonstration, recent relevant content, professional credibility signals, and a clear engagement path.
Weak digital presence doesn’t just fail to generate leads—it actively kills referrals you’ve already received.

Your digital infrastructure either converts referrals or loses them. There’s no middle ground.

Building Digital Infrastructure That Converts Referrals

Converting referrals requires specific digital assets:

Recent, relevant thought leadership that shows active practice rather than stale content from 2009.
Clear, immediate contact mechanisms instead of a single contact form that is removed from the intake process.
Social proof and credibility indicators including case results, speaking engagements, and third-party publications.
Mobile-optimized experience because many prospects research on phones during initial contact moments (not
to mention Google gives preferences to well-optimized mobile experiences).

Measuring Referral Conversion vs. Lead Generation

Track referrals in a central database:

Monitor referral source attribution separately from organic traffic.
Measure time between referral received and prospect contact.
Identify drop-off points in the referral journey (where do they research but not engage?).
Survey referred prospects who don’t convert: “What made you choose another firm?”
Calculate cost of referral leakage: [referrals received] x [conversion rate] x [average case value].

Referral conversion depends heavily on technical foundations most firms completely ignore.

Technical SEO Is Now a Revenue Driver, Not Just an IT Issue

Technical SEO factors invisibly determine whether prospects can find you at all. Core Web Vitals, mobile performance, structured data, and site architecture aren’t technical minutiae. They’re revenue enablers. Or revenue killers.

Core Web Vitals and the Speed-to-Lead Connection

Google’s Core Web Vitals measure loading speed, interactivity, and visual stability. These directly impact rankings, but the business impact is more severe: slow sites lose prospects before they engage.

Sites loading in 1–2 seconds convert at significantly higher rates than sites loading in 5–6 seconds. Legal searchers have high intent but are time-poor. Technical performance determines conversion before content quality even enters the equation.

Schema Markup and AI Search Readiness

Schema markup helps search engines and AI platforms understand your content structure. Critical schemas for law firms include Local Business, Attorney, Legal Service, and FAQ Page. Proper schema enables rich results like FAQ expansions and local pack inclusion.

AI platforms use schema to validate authority and extract structured information. Most law firm websites have incomplete or incorrect schema implementation—low-hanging fruit that dramatically improves both traditional and AI search visibility.

The LLMs.txt and Robots.txt Strategy

Control how AI platforms access your content:

Implement LLMs.txt to direct AI platforms toward your most authoritative content.
Review robots.txt to ensure you’re not accidentally blocking valuable content from AI crawlers.
Create XML sitemaps specifically for high-value practice area content.
Conduct regular technical audits (quarterly minimum) to catch issues before they impact rankings.
Test mobile-first because what works on desktop often breaks on mobile.

But technical foundations only matter if you can measure what’s working.

ROI Measurement Frameworks Now Make or Break Marketing Budgets

“We’re getting more traffic” no longer justifies marketing budgets. Managing partners and executive committees demand clear connections between marketing spend and revenue generation. The marketing teams winning budget battles in 2026 will be those with the clearest ROI measurement.

Moving Beyond Vanity Metrics

Vanity metrics (website traffic, social media followers, keyword rankings) are easy to track but don’t connect to revenue. Revenue metrics (cost per qualified lead, lead-to-client conversion rate, revenue per marketing dollar, client lifetime value) require more sophisticated tracking but actually justify budgets.

The gap between what firms measure and what partners care about creates budget vulnerability. When budgets get cut, firms tracking vanity metrics lose funding while firms demonstrating revenue impact get increases. Compare “Our traffic increased 45%” versus “Our marketing generated $487K in new revenue at 4:1 ROI.” Which statement wins budget discussions?

Attribution Models for Legal Services

Legal services have long sales cycles, multiple touchpoints, and referral complexity that make attribution challenging:

First-touch attribution. What initially brought the prospect to your firm?
Last-touch attribution. What finally converted them to a client?
Multi-touch attribution. Which touchpoints contributed throughout the journey?

Track the full journey but weight last-touch for budget allocation decisions. Don’t forget that referral validation touches count even if the referral itself is “first touch.”

Building Your Marketing Dashboard

Essential KPIs for law firm marketing:

Lead metrics. Marketing Qualified Leads (MQLs), Sales Qualified Leads (SQLs)
Cost metrics. Cost Per Acquisition (CPA), Return on Ad Spend (ROAS)
Conversion metrics. Lead-to-Client Conversion Rate by source and practice area

Track by channel to identify which sources generate highest-quality leads at lowest cost. Track by practice area to understand where marketing ROI is strongest. Focus monthly executive reporting on revenue metrics, not vanity metrics. Use data to inform budget allocation—double down on high-ROI channels.

Measurement reveals which specialization investments actually pay off.

Generic Expertise Claims No Longer Persuade

“We handle all types of business legal matters” was acceptable positioning in 2015. In 2026, it’s a liability. Clients don’t want generalists who can handle their case, they want specialists who’ve handled dozens, if not hundreds, of similar cases. Digital marketing must reflect this specialization, not obscure it.

How Clients Actually Select Attorneys

Clients choose attorneys based on specific experience, not general capability. So naturally, digital content must demonstrate depth, not breadth. Being known for everything means being known for nothing. (Or as my father liked to say, “Some men know everything. But that’s all they know.”) The expertise paradox is real: the more broadly you position yourself, the less credible you become for any specific need.

Content Depth as a Competitive Moat

Build unassailable positions in your strongest practice areas:

Identify 2-3 practice areas where your firm has deepest expertise and highest revenue potential.
Build comprehensive content libraries for those areas (50+ pieces minimum).
Address every question prospective clients ask during initial consultations.
Use content depth to differentiate from competitors with thin practice area pages.
Measure content effectiveness by tracking which pieces drive qualified inquiries.

Specialization is about demonstrating depth in the areas where you compete for high-value work.

Decisions to Make in 2026

The landscape in 2026 rewards firms that understand these critical shifts. The common thread across all six is strategic sophistication. Firms that view digital marketing as a cost center to minimize will lose ground to firms that view it as a revenue driver to optimize.

The question isn’t whether to invest in these areas—it’s which priorities to address first based on your competitive positioning, practice mix, and current digital foundation. Begin your 2026 planning by auditing where your firm stands across these six dimensions. Which represent your biggest opportunities? Which pose the greatest competitive threats?

Why 2026 Is the Year to Start Your Own Firm

Wed, 31 Dec 2025 16:46:14 GMT

Your Bonus Check Is Your Escape Hatch

December is here. Bonuses hit bank accounts. And thousands of lawyers are doing the same math they do every year: Is this enough to keep me here?

Here is the truth most BigLaw partners will never tell you: The barriers to starting your own law firm have never been lower. The economics have never been better. And the myths keeping you chained to your desk are exactly that. Myths.

The Fear Factory

The legal profession runs on fear. Fear of failure. Fear of losing prestige. Fear of the unknown. Law firm leadership depends on this fear to maintain the status quo.

You have been told that clients expect a corner office in a downtown high-rise. You have been told that going solo means taking a pay cut. None of this is true anymore.

The partners who tell you these things are not lying. They are repeating what they believed when they started practicing. But technology has fundamentally changed the economics of running a law firm. Most lawyers over 50 have not updated their mental models.

Your clients have changed too. They work from home. They take Zoom calls in their kitchens. They do not care if you have a mahogany conference table. They care if you answer your phone and solve their problems.

The Real Numbers

Let me show you what a lean law practice actually costs in 2025.

Google Workspace Business Standard plan: $14 per month. This gives you professional email, cloud storage, video conferencing, and document collaboration. Gemini 3 is probably all of the AI software you need and it’s included in Workspace. Throw in $10 a month for a Google Voice number, and it’s everything you need to run a modern practice.

Web domain and basic hosting: $500 per year. You need a professional website. You do not need to spend $10,000 on a marketing agency to build it.

Hardware: $3,000 for a new MacBook Air, printer, and scanner. This is a one-time expense that will last you years.

Malpractice insurance: $1,500 for your first year. This is the cheapest it will ever be because you have no claims history and limited exposure.

That is $5,072 in core expenses.

Add your phone bill at $1,200 per year. Budget $7,500 for accounting and bookkeeping. Throw in $1,500 for incidental software like Adobe. Get Fastcase for legal research at $995.

You are now at $16,267 in annual expenses.

You have nearly $9,000 left in a $25,000 budget for things like co-working space, marketing, additional monitors, or case management software. Some lawyers are running profitable practices for under $20,000 per year in total expenses.

Compare this to what your firm bills clients for your time minus what they actually pay you. The math is not complicated.

The Myth of the Pay Cut

Here is the most persistent lie in legal practice: Going solo means making less money.

The opposite is often true. When you work at a firm, you generate revenue and keep a fraction of it. The rest goes to partners who did not do the work, overhead you do not need, and profit margins that benefit everyone except you.

When you run your own practice, every dollar of revenue above your expenses is yours. A solo practitioner billing $300 per hour who works 1,500 billable hours generates $450,000 in revenue. Subtract $25,000 in expenses. That leaves $425,000 before taxes.

How many BigLaw associates make $425,000? How many have the flexibility to take a Tuesday afternoon off to watch their kid’s school play?

The economics favor the entrepreneur. They always have. The legal profession just convinced you otherwise.

The Office Myth

Your clients do not want to come to your office. The pandemic proved what technology already enabled: Legal work can happen anywhere. Clients prefer the convenience of video calls.

A physical office is a fixed cost that drains your cash flow every month whether you have clients or not. It limits your flexibility. It is a relic of a business model designed for a different era.

If you need to meet a client in person, rent a conference room for an hour. It costs a fraction of monthly office rent and signals that you are efficient with resources.

What You Actually Need

Starting a successful law firm requires three things: vision, values, and community.

Vision means knowing what kind of practice you want to build. Not every lawyer should go solo. But if you are reading this article in January while looking at your bonus check, you probably already know what you want. You just need permission to pursue it.

Values mean understanding what matters to you beyond money. Do you want flexibility? Autonomy? The ability to choose your clients? Control over your own schedule?

Community means surrounding yourself with people who have done what you want to do. The loneliest path is the one you walk alone. Find mentors who have built successful practices. Learn from their mistakes.

The Best Investment You Will Make

If you are serious about starting a firm, do the foundational work first. Define your vision. Clarify your values. Build a business plan that reflects who you are, not what someone else thinks a law firm should look like.

You can run a law firm for $25,000 a year. You can make more money than you do now. You can have the flexibility and autonomy you crave.

The barriers are not financial. They are psychological. The question is not whether you can afford to start your own firm. The question is whether you can afford to keep waiting.

Your bonus check is sitting in your account. What are you going to do with it?

Orange County, December 2025

Mon, 01 Dec 2025 22:31:26 GMT

San Diego, December 2025

Mon, 01 Dec 2025 22:29:30 GMT

A Decade of Growth, Grit, and Groundbreaking Wins

Mon, 01 Dec 2025 22:24:16 GMT

Contact

Employees First Labor Law

1 S Fair Oaks Avenue
Suite 200

Pasadena, CA 91105

310-853-3461

EmployeesFirstLaborLaw.com

Inside Employees First Labor Law’s Rise as a Premier Force in Employment and Workers’ Compensation Law

"We’re constantly pushing to get new laws created. Employees First Labor Law is a bold, fast-growing plaintiffs’ firm with a mission to protect California’s workers. We are a powerhouse built on leadership, culture, and purpose. We’re not just winning cases; we’re shaping the future of employee rights and workplace justice in California,” says Jonathan LaCour, CEO and Managing Partner of Employees First Labor Law.

The attorneys and staff of Employees First Labor Law are not intimidated by entering highly-challenging areas in which the law is not clear. In fact, they have developed a strong track record of success with such cases. They have published opinions and earned multiple appellate victories in areas in which the law must be established or clarified through winning trials and appellate victories. For example, they recently faced a motion to compel arbitration submitted at the time of trial, where the court ruled that the arbitration agreement, even if found valid, would have been waived given that they had invoked the litigation machinery and had gone through the entirety of the case. Their goal was to create additional law that demonstrates that once a case begins and the firms begin discovery in earnest, an opposing side cannot then file a motion to compel arbitration at a later date after they had used the discovery process to their benefit.

“We envision EFLL as more than a law firm. We’re building a platform for advocacy—one that shapes public policy, influences corporate accountability, and raises the standard for how workers are treated across the country,” LaCour says.

The firm, founded in October 2016, employs nine attorneys and 30 support staff.

“The EFLL team is incredible. They did amazing on my case and defended myself and many others that were in terrible situations. They were professional, caring, showed concern and answered all my questions, walking me through the case with intention. My life is honestly changed as a result of working with them and having the BEST attorneys. I am forever grateful.” —Nicole B.

Lisa Noveck − Partner, Jonathan LaCour − CEO & Managing Partner, and Rony Barsoum − Senior Partner

Expanding By Building Leaders

LaCour says, “Leadership at EFLL has evolved from being positional to being purpose-driven. Our philosophy is that leadership isn’t about titles—it’s about influence, accountability, and alignment. We’ve built a culture where everyone, from senior partners to new associates, understands that they have the power to lead through their actions and ownership.”

That philosophy is exemplified by the firm’s expansion of its leadership structure with Partner Lisa Noveck heading the Employment Law Division and Senior Partner Rony Barsoum leading Workers’ Compensation.

Noveck has been with the firm from the beginning, playing a pivotal part of their growth as part of the senior management team. She is the firm’s first appellate attorney and handles all appellate matters. “She’s a legal rock star,” LaCour says.

Workers’ compensation is closely related to employment law, so the incorporation of Barsoum’s successful workers’ compensation practice was a savvy move for EFLL. Attorneys and law firms are often faced with a lot of crossovers. People who are injured or discriminated against at work often get fired. The partnership allows the firm to serve customers for each issue as opposed to just one area. If someone is injured at work, EFLL can handle that issue in-house while coordinating with their employment law attorneys at the same time, something most firms are not equipped to handle.

LaCour says, “It’s not very common to have two such teams operating at a very high level at a single firm, but what happened is we had two very successful firms that essentially ended up merging to the benefit of all our clients.” The new program has achieved a series of major victories reflecting the firm’s depth, collaboration, and unwavering commitment to justice. Their employment law and workers’ compensation teams have secured millions in settlements and verdicts on behalf of California workers—from complex wage and hour cases to catastrophic workplace injury claims.

A recent Workers’ Compensation division victory, led by Barsoum, secured a $1.2 million settlement for a man who suffered a stroke on the job. “This was a hard-fought case. The insurance carriers denied liability based on conflicting medical evidence, and it took multiple depositions—including persuading several doctors to change their opinions on causation—before they finally accepted responsibility,” Barsoum says. The result not only delivered justice for the client but also underscored EFLL’s tenacity in litigating complex medical causation cases.

The Employment Law division has achieved equally remarkable results, including multiple seven-figure settlements in whistleblower retaliation and FEHA discrimination matters.

These victories reflect the firm’s ability to handle high-stakes litigation while maintaining empathy and precision for every client. LaCour says, “Our success is defined by resilience and preparation. We’re proud to be a firm that fights for those who’ve been ignored, underestimated, or denied—and we win because we never stop believing in their cases.”

Noveck says, “We’re intentional about building balance. A healthy, engaged team produces better work—and that translates directly into better results for our clients.”

Lisa Noveck, Partner and Rony Barsoum, Senior Partner

Back to School

As an aggressive Managing Partner, LaCour realized that in addition to becoming a lead attorney, he was also now the CEO of a large and rapidly growing business. He saw a real need to expand his leadership capabilities by expanding his knowledge and experience on the business side of managing a law firm. He went through the executive studies program at Stanford Graduate School of Business. The program is a year-long advanced executive education designed to help shape executives into leaders. It also helps identify effective ways to build a team, make that team better, and to grow and maintain a successful business. Much of the focus is on case management to ensure that clients are led successfully from the beginning through the completion of their cases.

LaCour says one of the major benefits of the program is its emphasis on management of people—how to find them, incentivize, encourage, and give them the space needed to grow professionally and as a person. “Part of being an effective executive leader for the company is identifying ways to make your team better. You can’t just flip a switch and hire a bunch of different people. You have to work with the team to create a better squad that not only performs well, but that grows and increases in its abilities to serve the client.”

Becoming More Accountable

Through their “Shifting from Reactive to Proactive Case Management” project, the firm introduced DARCI accountability frameworks, 100-Day Change Plans, and Energy Zone assessments to increase clarity, efficiency, and collaboration. These tools have improved case outcomes, reduced bottlenecks, and strengthened communication across departments.

DARCI was implemented to identify and clarify roles, decision-making, and ownership within teams and it has proven particularly successful. DARCI is an acronym. D refers to the decision maker in the organization. A is accountability, the person who is ultimately accountable for success or failure. R, for responsible, refers to the people who actually do the work and get things done. C is a reference to the people conducting research, crafting memorandums, attending hearings, and consultants. Those are people who input strategy or expertise into it. “I” represents the informed. Those are the stakeholders. DARCI is a way of ensuring that the team is effective, allowing for high-level execution across the system.

Great People Equal a Great Firm

LaCour’s management philosophy is to hire the best quality people and give them enough leeway, with guidance, to execute at a high level. And with enough incentive to retain them for long-term success. “We say we have built a culture where excellence is expected, but empathy is required, and that’s not some marketing slogan. We don’t just fight for workers’ rights in the courtroom; we practice those same values within our own walls. Everyone here has a genuine sense of ownership. Our people don’t just complete tasks, they lead them.”

The EFLL focus on quality people continues to pay off for the firm and its clients. The firm is currently handling several high-impact cases that showcase its depth across employment and workers’ compensation law. One stands out for its novelty and potential influence on the broader legal landscape.

Barsoum is representing a registered nurse who became 100 percent disabled after contracting COVID-19 on the job. “It’s one of the most interesting and challenging cases I’ve handled. COVID is still a relatively new type of injury in the workers’ compensation arena, and the medical and legal complexities surrounding causation and disability are still developing. It will be fascinating to see how this case helps shape the law going forward,” he says. The case underscores EFLL’s commitment to taking on cutting-edge and precedent-setting matters that push the boundaries of existing workers’ rights protections. Under Barsoum’s leadership, the firm continues to build a reputation for successfully litigating complex, medically intensive cases that others might shy away from.

“There’s an opportunity for growth here that just doesn’t exist in other firms,” LaCour says. “Everybody wants to be successful, make a good amount of money, and have that level of growth. We represent that for many of them, for all of our employees, when a lot of other firms don’t. Our goal is to give everybody a life-changing result. That’s really our goal. Going back to management style, we try to get the best people, give them the tools that they need to be successful, and incentivize them to do really well.”

The firm celebrates wins together, invests in professional development, and encourages open communication across departments. The result is a workplace that thrives on purpose, empowerment, and pride, and where every team member understands that their contribution directly impacts clients’ lives and the firm’s broader mission of justice.

Lisa Noveck − Partner, Jonathan LaCour − CEO & Managing Partner, and Rony Barsoum − Senior Partner

The First Decade is Just the Beginning

LaCour says, “Adaptability has been at the core of EFLL’s continued success. The legal landscape is changing faster than ever, and we’ve made it a priority to evolve just as quickly—not reactively, but strategically.”

The firm has become one of California’s premier employee-rights law firms, but it has plans for significant growth in services and physical locations across California and Washington state.

One of the most common complaints clients have about law firms is a lack of two-way communication, a challenge EFLL has and continues to address through greater transparency, speed, and personal connection. They have invested in technology-driven systems providing clients with real-time access to their cases, automated communication, and streamlined collaboration between departments.

On the litigation side, the firm is deepening its focus on high-value employment cases, wage-hour class actions, and catastrophic workplace injuries, while exploring emerging practice areas tied to AI monitoring, workplace privacy, and evolving labor regulations. Internally, EFLL is investing in leadership pipelines, mentorship programs, and professional development initiatives to cultivate the next generation of top trial lawyers and negotiators. Noveck and Barsoum are spearheading initiatives to build attorney training academies, ensuring EFLL’s culture of excellence and empathy scales as the firm grows. The firm has also adapted to shifts within the profession itself, including remote collaboration, the integration of AI tools, and greater emphasis on attorney well-being.

“Clients today expect clarity and immediacy. They want to feel informed and empowered at every stage. We’ve embraced technology that strengthens those relationships while allowing our attorneys to focus on strategy and advocacy—where we add the most value,” says Noveck.

LaCour says, “Our growth has been intentional. We’ve invested heavily in people, systems, and innovation to create a culture of excellence—one where every client feels heard, every case is handled with precision, and every team member has the opportunity to thrive. The key message we want to convey is this: success at EFLL is not measured by verdicts alone, but by the lives we change and the standards we raise. What started as a passion to fight for fairness has become a movement for accountability, empowerment, and sustained excellence in California labor law.”

A Decade of Growth, Grit, and Groundbreaking Wins

Mon, 01 Dec 2025 22:21:22 GMT

Contact

Employees First Labor Law

1 S Fair Oaks Avenue
Suite 200

Pasadena, CA 91105

310-853-3461

EmployeesFirstLaborLaw.com

Inside Employees First Labor Law’s Rise as a Premier Force in Employment and Workers’ Compensation Law

The firm, founded in October 2016, employs nine attorneys and 30 support staff.

Lisa Noveck − Partner, Jonathan LaCour − CEO & Managing Partner, and Rony Barsoum − Senior Partner

Expanding By Building Leaders

The Employment Law division has achieved equally remarkable results, including multiple seven-figure settlements in whistleblower retaliation and FEHA discrimination matters.

Noveck says, “We’re intentional about building balance. A healthy, engaged team produces better work—and that translates directly into better results for our clients.”

Lisa Noveck, Partner and Rony Barsoum, Senior Partner

Back to School

Becoming More Accountable

Great People Equal a Great Firm

Lisa Noveck − Partner, Jonathan LaCour − CEO & Managing Partner, and Rony Barsoum − Senior Partner

The First Decade is Just the Beginning

The firm has become one of California’s premier employee-rights law firms, but it has plans for significant growth in services and physical locations across California and Washington state.

Starting a Law Firm in 2026? Nine Steps to Take Before and After

Mon, 01 Dec 2025 22:05:06 GMT

If you’re thinking of hanging your own shingle in 2026, know there’s plenty of upside: A Clio survey shows that legal entrepreneurs are happier with their client relationships, their mental and emotional wellness, and their overall professional lives.

The Federal Bar Association, meanwhile, described the solo attorney as the “surprising outlier” to a “profession long plagued by burnout, stress, and mounting dissatisfaction,” citing data from ALPS Insurance:

74 percent of solo practitioners are satisfied (or very satisfied) with their current professional lives; only 9 percent are dissatisfied to any degree.
66 percent appreciate the flexibility of the gig, which contributes to “personal fulfillment and enjoyment.”

To be sure, this elevated state of entrepreneurship isn’t a given; it takes considerable work and, often, more than a bit of good luck. But aspiring law firm owners can set up for success with a few foundational steps early:

Before You Launch

Start with a simple business plan. This doesn’t have to be overly complicated; in fact, the simpler the better. But by taking the time to write down a simple framework for your business, you will be able to focus your time, energy and resources in your critical first year.

What is our basic positioning? (We do X for Y)
Who is our ideal client?
Why are we an ideal solution for them?
Why are we a better choice than our peers?
Where do we want to be in three to five years?

Don’t forget to make some eliminations here, too. As the saying goes, “The essence of strategy is choosing what not to do.” What cases and clients will you purposefully not accept? Where are you truly not a great option? (Think about building referral relationships here.)

Invest in a strong first impression. Your logo and website should give confidence to both you and your clients. This is becoming increasingly important with your younger clients, who are more likely to do their own research than rely on referrals. Indeed, Gen Z and Millennial clients care more about a lawyer’s website (49 percent and 48 percent, respectively) than Gen X and Boomers (34 percent and 21 percent, respectively).

I participated in a panel discussion with Missouri Lawyers Weekly, “From Attorney to Entrepreneur,” and one new legal entrepreneur said she decided to build a solid visual identity early because she wanted her clients to feel safe and secure despite choosing a brand new law firm. A clean, modern, professional—and mobile-friendly!—website signals that you are serious.

Beware the pitfalls that abound in the marketing arena:

Avoid DIY design tools that may leave you not owning your firm’s mark.

Similarly, make sure you own, not rent, your website and URL.

Make sure your website vendor uses a common, accessible CMS like WordPress, so you are not hostage to a proprietary platform.

Determine what (and when) to delegate. You are an excellent lawyer, but owning a business carries a new set of demands, from invoicing to social media to fixing the dang printer. These administrative tasks pile up: According to Thomson Reuters, attorneys in small firms spend about 60 percent of their time practicing law, while solos spend just 55 percent of their time practicing law.

The administrative burden of running a firm not only takes away from your billable time, it takes brain space and emotional energy. (And “winging it” can bring costly mistakes when it comes to your financial records and taxes.) Think about the business side of the firm, and start a list of the allies you may need. If your first call is to a virtual CFO or law firm financial planner, they can help you project when cash flow will allow you to hire additional experts.

After You Launch

Make sure people know how to find your firm. Your new law firm has no digital footprint. Set up your startup firm on Google Business and Bing Places for Business, or look at a service like Yext that can manage your business listings on a variety of platforms.

Meanwhile, make sure you capture people who may search for your name, not the firm’s; these may be referrals or old connections you missed in the outreach campaign. We want to make sure they find you at your new firm (and not call the old place). Updating your LinkedIn profile is a must; I recommend putting a press release about the firm launch on a search-engine-friendly distribution service like PRWeb.

Make direct outreach. Make a list of everyone you know. Mine your current email contacts, and download your LinkedIn connections. Then sort them into groups:

Hot Contacts: These can be people who match your ideal client profile right now (remember doing that above?) or people who are in direct contact with your ideal client profile. In short, these are the humans you know in the best position to give you business. (Make sure to mind solicitation guidelines if you are in a consumer-facing practice.)

Warm Contacts: These are people who may enter your ideal client profile at some point, or people who are one or two degrees removed. For example, if you are typically hired by CEOs, this list could be vice presidents or department heads.

Cold Contacts: These are the people you can’t imagine giving you business. Reach out to them anyway. You never know what they (or their network) are sitting on, and your new business will not suffer from more people knowing what you do.

After you sort them, reach out. My first day “open for business,” I emailed the hot contacts; the second day, the warm contacts; the third day, the cold contacts. Make these individual and personal.

In your words, the email should convey:

“Here’s what I’m doing now.”

Set the table, and make it straightforward.
I wanted to reach out to tell you I’ve started my own firm, Clark Kent & Associates.

“Keep me in mind for … ”

This is the most important part: It’s where you tell your network the kind of work you want to do and for whom you want to do it.
Please keep me in mind for trademark prosecution or litigation involving consumer brands.

“Here’s why you can trust me.”

Reinforce your credentials. Not all of your contacts are intimately familiar with your expertise, and even those that are could use a reminder.
Over the past decade, I’ve managed trademark portfolios for companies in retail, hospitality, and the beauty industry. I’ve been recognized by World Trademark Review and Best Lawyers in America.

“Here’s why I’m doing this.”

Share the passion that led you to start your own firm, and why working with you is better than the alternatives.
I believe trademark clients are better served by a flat-fee model, and I’m excited to launch a firm with predictable pricing and no budget surprises.

“Here’s how to learn more … ”

Invite them to learn more, and thank them for their attention. This is where you can also insert some personalization (e.g., it was great to see you last month, hope the kids are well, how about those Chiefs).
You can learn more about my new firm at [link]. Thank you for your consideration, and best wishes for the year ahead.

Focus your social media. There are myriad ways to publicize your new firm on social media, but remember, you have a firm to run now. It’s OK to not be on every platform; it’s far better to pick one strategic option and be consistent there.

LinkedIn is a natural fit for many new law firms, as your referral sources and business clients are already there. If your ideal client skews more toward young consumers, there are opportunities on Instagram and TikTok. (Although producing visually engaging, algorithm-pleasing content is more work than many expect.)

Think about where your clients are, and show up consistently there. (For other platforms, consider claiming your name/handle, and make a post showing where they can find you and your firm updates.)

Update your rankings and credentials. If you have been recognized by Super Lawyers, Best Lawyers, Benchmark Litigation, or so on, reach out and let them know about the new firm. This is increasingly important as AI tools like ChatGPT are shown to scour attorney ranking sites for their search output.

Have entrepreneur friends. Running your own business is hard. It’s freeing and affirming and often fun, but it’s also hard. According to Forbes, 50.2 percent of entrepreneurs struggle with anxiety; 45.8 percent deal with high stress; and 26.9 percent feel lonely or isolated.

It’s imperative to have friends who can relate—friends who understand the pressure of making payroll, friends who can celebrate the wins, and friends who can tell you how they fixed such-and-such. If you don’t have those people in your circle yet, explore your bar association’s Solo/Small Firm Section, or drop by a startup networking group in your community. (Or reach out to me, I’ve been there too.)

Let your network help you. Your friends and family will be excited for you (and they should be, starting a firm is a big deal!). You will get some questions along the lines of “How can we help?” Have some answers ready for your contacts who won’t necessarily be clients

Some examples:

Follow your new firm on social media.
Share or comment on your announcement post.
Visit your website to show Google there’s interest.

If your contacts are attorneys, they can endorse you on Avvo or Martindale.

One final note: Everyone will want to buy you lunch when you have “just started out.” Those offers will dry up after a few months. Take the lunches.

Elevate Your Law Firm’s Content Marketing Workflows: AI Tools Worth Exploring

Mon, 01 Dec 2025 21:58:59 GMT

If you feel like you’re always racing to keep pace with your law firm’s ever-expanding content calendar, it’s not your imagination. Consistently producing high-quality blogs, engaging newsletters, and compelling social media posts takes significant bandwidth, something few legal marketers can spare.

No wonder firms are increasingly turning to Artificial Intelligence to lighten the load. When leveraged in concert with human creativity, the right AI-powered tools can transform even the worst content bottleneck into a far more efficient workflow.

AI Tools to Streamline Content Creation

Few marketing activities require more time and focus than content creation. It’s an ongoing cycle of research, writing, editing, and approvals that can easily stretch from hours into days. But these generative AI tools are quickly changing that dynamic, streamlining processes, taking on routine tasks, and leaving marketers free to focus on what matters most:

Jasper From brainstorming blog topics and producing initial drafts to crafting social media captions and repurposing content for a monthly newsletter, this end-to-end marketing platform improves efficiency across the entire content life cycle. Once given clear direction on brand guidelines and context-rich prompts, Jasper can quickly generate engaging content aligned with your firm’s voice, tone, and strategic goals.
ChatGPT A powerful AI platform with wide-ranging content generation capabilities. ChatGPT can help your firm produce high-quality first drafts for legal articles, blog posts, and email communications.
CoCounsel by Thomson Reuters CoCounsel uses trusted databases like Westlaw to create accurate, authoritative legal content. Perfect for client alerts, thought leadership, and regulatory updates, it streamlines content creation while minimizing factual errors.
Clio Duo This platform leverages generative AI to distill complex legal documents, case files, and judicial decisions into clear, client-friendly summaries for newsletters, blog posts, and case studies.
MyCase IQ MyCase IQ analyzes large volumes of legal documents, converting dense text into plain-language insights that you can use to highlight results, outcomes, or evolving trends within your firm’s practice areas.
Grammarly The premium version goes beyond a simple grammar check, offering real-time suggestions on tone, clarity, and style. Integrating it into your workflow ensures every communication is polished, professional, and error-free.

AI-Powered SEO and Market Research

Creating great content is only half the battle; potential clients still need to find it online. These AI-powered SEO and research tools help ensure you get the right content in front of the right audience at the right time:

Surfer SEO Surfer SEO uses AI to analyze top-ranking content for your keywords and provide data-driven recommendations. By assisting with structure optimization, keyword density, readability, and semantic relevance, this platform helps improve Google rankings without sacrificing tone or authority.
Clearscope Clearscope uses advanced natural language processing to refine your keyword targeting and improve topical depth. It scores your content based on readability, keyword variety, and competitive benchmarks, then offers practical suggestions to help it stand out in search.
Darrow Darrow leverages the predictive power of AI to analyze massive datasets for legal, regulatory, and litigation trends. By identifying emerging topics before they become mainstream, it allows your firm to publish timely, relevant content ahead of its competitors.

AI-Enhanced Analytics and Performance Tracking

Even the most well-written content won’t move the needle if you can’t measure its impact. These AI analytics tools help you evaluate performance, identify opportunities, and refine your strategy for stronger results.

Semrush By integrating AI into its position tracking, Semrush allows you to track how your firm appears in AI-generated answer formats and across different AI-powered interfaces, including ChatGPT and Gemini.
Ahrefs Known for its powerful SEO and backlink analysis, Ahrefs uses AI-powered tools to analyze content for topic coverage, generate SEO-optimized content ideas and outlines, automate keyword research, detect AI-generated content, and monitor brand presence in AI overviews

Client Engagement and Lead Generation Tools

AI doesn’t just assist with content creation. The following tools transform how your firm communicates with clients and prospects, ensuring every communication and interaction feels relevant and timely.

HubSpot A full-scale CRM and marketing automation platform, HubSpot enables law firms to create highly personalized email campaigns based on client behavior, practice area, or life-cycle stage. You can automate follow-ups, segment audiences, and track engagement, all from a single dashboard, helping your team nurture relationships and convert leads more efficiently.
ActiveCampaign This platform utilizes AI agents to generate marketing content, automate campaigns, and provide insights for personalized strategies. Legal marketers can leverage these features to analyze audience behavior, predict trends, and automate tailored message delivery across different channels.

Lately AI Lately relies on AI to repurpose long-form content into social posts optimized for various platforms. It identifies the most engaging excerpts from articles, videos, or podcasts, then turns them into shareable snippets—helping your firm maintain a consistent presence without overloading your marketing team.

Buffer Buffer simplifies the management of multiple social media accounts, allowing your firm to plan, schedule, and publish posts in advance. Its AI analytics track engagement and performance, so you can identify which content resonates most with your audience and when it’s best to post.

Using AI Responsibly in Legal Marketing

While there’s no doubt AI can dramatically improve your team’s productivity, it’s no substitute for human judgment. Every piece of content generated with AI should be reviewed and approved by an experienced attorney to ensure it meets the highest ethical, confidentiality, and professional standards.

Start small. Begin with a pilot project in one practice area or campaign to understand how AI performs within your firm’s workflow. Use this phase to identify strengths, address limitations, and refine internal processes before scaling.

Establish clear guidelines. Create firm-wide policies that define where and how AI can be used. Clarify which types of content are appropriate for AI assistance (e.g., social media captions or blog drafts) and which require a fully human approach, such as legal analyses or opinion pieces.

Maintain rigorous quality control. Implement multi-step review and approval workflows to ensure every AI-assisted piece meets your firm’s standards for accuracy, tone, and compliance. Incorporate legal review into your content pipeline early, not just at the end.

Train your team. Education is critical. Make sure everyone, from marketing staff to attorneys, understands both the potential and limitations of AI. Provide regular training on prompt development, ethical guidelines, and privacy considerations.

Takeaway

When used strategically, Artificial Intelligence doesn’t replace your marketing team; it strengthens it. Pairing automation with human expertise will allow you to achieve the best possible results: more engaging content, greater efficiency, and the assurance that every piece you publish accurately reflects your firm’s brand voice and its high standards of professional integrity.

How to Build a Systematic Business Development Process That Actually Works

Mon, 01 Dec 2025 21:53:35 GMT

A systematic approach to BD doesn’t kill creativity. It enables it.

Most firms treat business development like an instinct. You either have it or you don’t. But relying on natural rainmakers is risky. What happens when they retire, leave, or burn out? It also creates ego-driven cultures where the firm’s best interests take a back seat to the rainmakers.

For most people, business development isn’t magic. It’s a process. And when you build it systematically, it can scale beyond personality and luck.

1. Start with a Method

Charisma may win the first meeting, but structure builds
the pipeline.

Every firm needs a defined process for relationship development that clarifies expectations, focus, and follow-through.

If you don’t already have one in place, try The Short List Method. (It’s simple, repeatable, and turns BD from guesswork into discipline):

Identify your SMART goal. What are you trying to accomplish this quarter—more referrals, new logos, or upmarket traction? Make sure your goal is specific, measurable, actionable, realistic, and time-bound.
Create your Short List. Choose 9–35 key relationships that are critical to achieving your SMART goal. They should include key Clients, Prospects, and Connectors (both internal and external).
Nurture your Short List through helpful, personalized outreach: introductions, insights, invitations, and relevant check-ins. “Spray and pray” email sequences don’t build trust.
Play the long game. Our research shows it takes an average of fourteen interactions from first contact to first contract, but most people stop after just a few.
Track your activity. Use a CRM or pipeline management system to keep your outreach consistent and visible.

When your team follows this framework, BD stops being random. It becomes intentional, measurable, and manageable.

2. Build Momentum into Firm Culture

The best BD systems don’t rely on motivation. They rely on momentum.

Too many professionals say they’ll “get to BD when things slow down.” But they never do.

Firms that win make BD part of firm culture:

Incentivize business development properly. Your compensation structure communicates priorities. If the reward for BD is minimal, expect minimal effort.
Create accountability that inspires. Regular coaching and mentoring are key. To make it scalable, introduce peer coaching or BD pods that make growth a shared responsibility. Professionals stay engaged when they see others doing the same work.
Schedule regular outreach blocks. Even a 30-minute block each week can move the needle. Consistency matters more than intensity.

When BD becomes part of how your team evaluates success, it shifts from a “nice to have” to a cultural expectation.

3. Measure What Matters

If you can’t measure it, you can’t improve it.

Most firms still rely on lagging metrics like new matters, new revenue, and hours billed. Those are important, but they only tell you what already happened. A systematic BD process also tracks leading indicators:

Number of proactive outreach actions
Relationship engagement consistency
New introductions or opportunities generated

These metrics reveal what’s working early, so you can course-correct before the quarter slips away.

4. Build Feedback Loops that Reinforce Progress

A system without feedback is just a checklist. People need to see that their efforts are paying off.

You can strengthen feedback loops by:

Inviting your team to shadow you on pitch calls and meetings. Give them a defined role, then debrief afterward so they can learn from what worked and what didn’t.
Acknowledging and encouraging effort, even small wins. Many of your rising stars are still developing their BD skills, and encouragement from leadership goes a long way.
Sharing wins firmwide, even if it’s just a reconnection that led to a referral or proposal.
Celebrating effort metrics (number of meaningful touchpoints) alongside revenue metrics. Leading indicators like interactions are as critical as lagging ones like new engagements.
Using your CRM or relationship tracker to spotlight what’s working and where the pipeline is leaking.

Visible progress sustains engagement. When professionals see cause and effect, they double down.

5. Coach the System, Not Just the People

Firm leaders should reinforce The Short List Method at every level—from onboarding to partner development.

That means:

Embedding BD goals into performance plans
Training new professionals to build their own Short List
Rewarding consistency and collaboration, not just big wins
Recognizing when internal resources aren’t producing the results you want, and outsourcing to professional BD coaches who can accelerate progress

When the system is institutionalized, BD becomes part of how the firm operates, not an afterthought.

Final Thoughts

A systematic approach to BD doesn’t kill creativity. It enables it.

When professionals have structure, they’re freed from the guesswork and can focus on what they do best: building trust with clients, current and future.

With The Short List Method as your foundation, BD stops depending on luck, personality, or “natural rainmakers.” It becomes a reliable, firmwide growth engine.

AI Arbitrators Will Destroy the Legal Profession (And That’s a Good Thing)

Mon, 01 Dec 2025 20:44:47 GMT

Last week, the American Arbitration Association announced something that should have every lawyer cheering: an AI-powered arbitrator for construction disputes that promises to cut costs by 35% and resolution time by 20%. Instead, the legal profession clutched its pearls. Critics warned of depersonalized justice, algorithmic bias, and the death of advocacy as we know it.

They’re missing the point entirely.

The real crisis isn’t AI making decisions. It’s that our current system has priced most Americans out of justice altogether.

For far too long, the powers that be have argued that the solution to the access to justice crisis is more pro bono work. It’s not. The solution is reforming the way neutrals process cases.

Hearings on the merits are good for justice. Disputes can be resolved on right and wrong and not just might making right.

The System Is Already Broken

Right now, someone with a legitimate $50,000 construction dispute faces an impossible calculation. Traditional arbitration will cost them $15,000 to $30,000 in fees before their lawyer even opens a file. A court case? Add two to three years to the timeline and double the cost. For many claimants, the math is simple: the juice isn’t worth the squeeze. They walk away from valid claims because the system designed to resolve disputes has become too expensive and too slow to access.

This isn’t theoretical. Civil cases wait years for their day in court. Plaintiffs with serious injuries can’t get to a jury. Defendants who could prove their innocence in months instead spend years under the cloud of unresolved accusations. Families navigate divorces in a system so clogged that temporary orders become semi-permanent arrangements.

The promise of justice delayed is justice denied has become our legal system’s operating principle. When resolution takes years and costs six figures, only corporations and the wealthy can afford to see cases through to completion. Everyone else settles for whatever they can get or abandons their claims entirely.

What the AAA Actually Built

The AAA’s AI arbitrator, set to launch in November for construction disputes, promises something the legal profession should celebrate: resolution in months, not years, at a fraction of traditional costs. The system claims 35% cost savings and 20% time savings for document-based construction disputes. Those aren’t incremental improvements. They’re transformative.

More importantly, the AAA designed this system the right way. It keeps humans in the loop. It operates transparently. It builds on 99 years of arbitration expertise rather than trying to replace human judgment entirely. The AI analyzes documents, identifies issues, and suggests resolutions. Human arbitrators validate the outputs and make final decisions.

This isn’t science fiction. It’s practical technology applied to a real problem: too many legitimate disputes never get resolved because the traditional process costs too much and takes too long.

The Hypocrisy of Legal AI Critics

Here’s what makes the criticism especially rich: lawyers already use AI constantly. We use AI-powered research tools to find cases. We use predictive analytics to value settlements. We use document review platforms that deploy machine learning to identify relevant materials. Large firms have used these technologies for years to deliver faster, cheaper services to corporate clients.

But suggest using similar technology to make dispute resolution accessible to regular people, and suddenly we’re destroying the sanctity of the legal profession. The objection isn’t to AI in law. It’s to AI making legal services affordable for those who currently can’t access them.

The legal profession’s resistance to accessible AI isn’t about protecting justice. It’s about protecting billable hours.

Speed Matters More Than Lawyers Admit

The legal profession has convinced itself that slower is more careful, that every case needs years of discovery and motion practice to reach just outcomes. This is self-serving nonsense.

Many disputes don’t need exhaustive litigation. They need resolution. A homeowner fighting with a contractor over $30,000 in defective work doesn’t need three years of document requests and depositions. They need someone neutral to review the contract, inspect the work, and make a decision. The AI arbitrator can facilitate that process in months.

An injured plaintiff watching their medical bills pile up while waiting for a court date three years away doesn’t benefit from our deliberate pace. They need their case heard while the evidence is fresh and before financial desperation forces an unfavorable settlement.

Families in divorce proceedings watching their children grow up amid unresolved custody disputes don’t need more process. They need finality so everyone can move forward.

The legal system’s addiction to process serves lawyers’ economic interests more than clients’ actual needs. We’ve built a professional moat around dispute resolution and convinced ourselves it’s a temple of justice.

The Real Question About Bias

Critics worry about algorithmic bias in AI systems, and those concerns deserve serious attention. But let’s be honest about the bias baked into our current system.

Our traditional process is biased toward those who can afford to wait and pay. It’s biased toward corporate defendants who can outspend individual plaintiffs. It’s biased toward parties with resources to conduct extensive discovery, hire expensive experts, and file endless motions.

The AAA’s approach includes human oversight specifically to catch AI errors and ensure fair outcomes. That’s more transparency and accountability than exists in many human arbitrations, where arbitrators provide minimal reasoning for their decisions and appeals are nearly impossible.

Perfect is the enemy of good. If we wait for flawless AI systems before deploying them, we perpetuate a human system that’s already deeply flawed and fundamentally inaccessible to most people who need it.

What This Means for Access to Justice

The AAA’s AI arbitrator points toward a future where dispute resolution could actually be accessible. Imagine a system where a small business cheated by a vendor could get binding resolution in six months for $5,000. Where a homeowner could enforce warranty rights without mortgaging their house to pay legal fees. Where injured parties could get compensated while they’re still dealing with medical treatment rather than years later.

This isn’t about replacing lawyers or eliminating advocacy. It’s about creating a tier of dispute resolution that currently doesn’t exist. A tier between “figure it out yourself” and “spend $50,000 on lawyers.” A tier that could handle thousands of legitimate disputes that our current system simply abandons.

The technology exists right now. The AAA is deploying it. Courts should be racing to follow, not throwing up roadblocks in the name of protecting professional standards that mostly protect professional incomes.

The Path Forward

The legal profession needs to stop treating efficiency as the enemy of justice. We need to acknowledge that our current system fails most people most of the time. We need to embrace technology that can make legal services accessible rather than defending a status quo that serves lawyers better than clients.

The AAA isn’t proposing AI judges for murder trials or complex commercial litigation. They’re using technology to resolve document-based construction disputes faster and cheaper than traditional methods. This is exactly the kind of measured, supervised deployment that should guide legal AI development across the entire justice system.

If it works as promised, every area of law should be asking what comes next. Small claims. Small personal injury cases. Simple contract cases. Consumer complaints. Family law matters. Employment disputes. There’s a massive universe of legal disputes that could be resolved faster, cheaper, and better with the right technology and appropriate human oversight.

The alternative is continuing to tell millions of Americans with legitimate legal claims that justice is available only if they can afford to wait years and spend tens of thousands of dollars. That’s not a system worth defending. That’s a system begging for disruption.

The wheels of justice grind slowly, we tell ourselves, but they grind exceedingly fine. The truth is, they grind so slowly that most people never reach them at all. The AAA’s AI arbitrator is a step in the right direction.

Every lawyer who cares about actual access to justice rather than theoretical access should be asking: what dispute resolution problem can we solve next? The legal profession should be leading this transformation, not standing in its way.

California Case Summaries: New California Civil Cases

Mon, 01 Dec 2025 20:41:23 GMT

CALIFORNIA SUPREME COURT

Arbitration

Hohenshelt v. Superior Court (2025) __ Cal.5th __, 2025 WL 2302229: The California Supreme Court reversed in part the decision of the Court of Appeal. It affirmed the Court of Appeal’s decision concluding that California Code of Civil Procedure section 1281.98 is not preempted by the Federal Arbitration Act (9 U.S.C. § 1 et seq.). But the California Supreme Court reversed the Court of Appeal and disapproved numerous recent Court of Appeal decisions, concluding that section 1281.98 does not require an automatic loss of contractual arbitration rights whenever a party fails to pay arbitration fees within 30 days, finding no indication that the Legislature intended to strip companies and employers of their contractual right to arbitration where nonpayment of fees results from a good faith mistake, inadvertence, or other excusable neglect. Section 1281.98 does not displace background statutes permitting relief to a breaching party in certain circumstances. The Court of Appeal was directed to remand the matter to the trial court for consideration of whether defendant might be excused for its failure to timely pay arbitration fees, such that the stay of litigation should not be lifted and the parties should be returned to arbitration, and whether the delay resulted in compensable harm to plaintiff. (August 11, 2025.)

Employment

Iloff v. LaPaille (2025) __ Cal.5th __, 2025 WL 2414467: The California Supreme Court addressed the good faith defense of employers to the default rule that employees who prove minimum wage violations are entitled to liquidated damages under Labor Code, § 1194.2, and whether a trial court may consider a claim under the Healthy Workplaces, Healthy Families Act of 2014 (§ 245 et seq.; the “Paid Sick Leave law”) that an employee raises in the context of their employer’s appeal to the superior court of a Labor Commissioner ruling. (§ 98.2, subd. (a).) The California Supreme Court reversed Court of Appeal on both issues, ruling that ignorance of the law is insufficient to prove a good faith defense to liquidated damages under Labor Code section 1194.2, and also concluding that employees may raise Paid Sick Leave claims in an appeal by the employer of a Labor Commissioner’s Ruling.

CALIFORNIA COURT OF APPEAL

Attorneys

County of Los Angeles v. Quinn Emanuel Urquhart & Sullivan, LLP (2025) _ Cal.App.5th _ , 2025 WL 29874701: The Court of Appeal affirmed the trial court’s order granting plaintiffs’ motion for summary judgment against the defendant law firm seeking a declaratory relief judgment finding there was no valid engagement agreement between defendant law firm and county plaintiffs, even though an engagement agreement had been signed by then-Sheriff Alex Villanueva. The central issue dispute was whether or not then-Sheriff Villanueva had the authority to retain–as opposed to select–independent counsel to represent him in a lawsuit the County of Los Angeles brought against Villanueva. Defendant law firm sought recovery of over $1.7 million in legal fees and costs. The trial court granted summary judgment for plaintiffs, finding that Sheriff Alex Villanueva lacked authority to enter into a fee agreement with defendant. It denied defendant’s post-judgment motion to file a cross-complaint as untimely and made in bad faith, and it dismissed defendant’s separate suit for payment as barred by the compulsory cross-complaint statute and the Government Claims Act. The Court of Appeal agreed, concluding that the sheriff had no authority to retain defendant firm, that the motion for leave to file a cross-complaint was properly denied, and that defendant firm’s later lawsuit was correctly dismissed for failure to comply with procedural requirements. (C.A. 2nd, October 23, 2025.)

Elder Abuse

Frankland v. Etehad (2025) __ Cal.App.5th __, 2025 WL 2267750: The Court of Appeal affirmed the trial courts’ order sustaining defendant doctor’s demurrer to plaintiff’s causes of action alleging neglect and financial abuse under the Elder Abuse and Dependent Adult Civil Protection Act (the Act; Welf. & Inst. Code, § 15600 et seq.). The Court of Appeal affirmed the trial court, concluding that an elder cannot state a claim under the Act for “neglect” or “financial abuse” against a physician based solely on that physician’s negligent medical services while the elder resided at a skilled nursing facility. The Act limits “neglect” to “[t]he negligent failure of any person having the care or custody of any elder . . .” (§ 15610.57, subd. (a)(1), italics added), and a physician’s conduct in providing negligent medical services to an elder residing at a skilled nursing facility does not—without more—constitute “neglect” because that physician lacks the requisite “robust caretaking or custodial relationship” with the elder. Moreover, the alleged financial abuse flows inexorably from the alleged professional negligence, such abuse is indistinguishable from that negligence and also falls outside the Act. (C.A. 2nd, August 8, 2025.)

Employment

Galarsa v. Dolgen California (2025) _ Cal.App.5th _ , 2025 WL 2846580: The Court of Appeal affirmed the trial court’s denial of defendant’s motion to compel arbitration and its petition for writ of mandate seeking to overturn the trial court ruling. The trial court held that an employee could pursue a “headless” PAGA action—one seeking penalties only for Labor Code violations suffered by other employees—and that the question of whether the plaintiff was an “aggrieved employee” need not be arbitrated. The Court of Appeal agreed, holding that under the version of PAGA in effect before the 2024 amendments, employees could bring such representative actions and that the arbitration agreement did not extend to determining PAGA standing, since that dispute belongs to the State’s Labor and Workforce Development Agency, not the individual plaintiff. (C.A. 5th, filed September 9, 2025, published October 8, 2025.)

Land Use

New Commune DTLA LLC et al. v. City Redondo Beach et al. (2025) _ Cal.App.5th _ , 2025 WL 2886322: The Court of Appeal reversed the trial court’s denial of a petition for writ of mandate challenging defendant’s housing element adopted under the state Housing Element Law (Housing Element Law; Government Code sections 65580 to 65589.11). The trial court ruled that defendant’s housing element complied with the Housing Element Law despite plaintiffs’ claims that it improperly relied on a zoning “overlay” permitting residential use on commercial and industrial land. The Court of Appeal disagreed, concluding that defendant’s overlay violated Government Code section 65583.2(h)(2) because it failed to impose mandatory minimum residential densities and allowed development without any housing, and that defendant failed to establish that one of the sites identified in the housing element, the Inglewood Avenue site currently occupied by a Vons supermarket, was properly identified as a developable site. (C.A. 2nd, October 10, 2025.)

How to Leverage Client Testimonials for Maximum Impact

Mon, 01 Dec 2025 20:31:21 GMT

Client testimonials build your firm’s credibility online. But there are ethical challenges with using client stories to attract new prospects. How do you use testimonials effectively and ethically?

First, know the rules. Second, follow them. Third, be strategic and get creative about using testimonials to tell your own story and get attention online.

Here’s what attorneys need to know about collecting and utilizing client testimonials for maximum impact online.

Step 1: Collect Testimonials Ethically

Ethics must be present on day one—they’re not something you can overlay afterward:

Encourage without pressure. Invite clients to leave a review with an easy link.
Time it right. Request it when they’re satisfied, not during ongoing work.
Remind gently. People are busy, and it’s okay to remind, but never coerce or incentivize.
Show appreciation. Thank them if they give you a review to reinforce goodwill.

You can encourage clients to send testimonials directly to you, and you can also encourage them to post a review directly on a platform like Google. Both are valuable, even if you have to respond to a negative review.

Remember, you need to obtain written consent to share a client’s story or quote. You must also avoid disclosing any confidential details or sensitive information.

We find that the simplest and most effective way to collect testimonials is by using a simple post-service survey. Rather than sending a personal email and forgetting to follow up, a basic survey helps you collect concise and usable testimonials with all the information fields built in (for your ease and theirs).

Step 2: Highlight Testimonials Strategically

Got ’em? Time to make use of ’em.

Here’s how you can make the most of your client testimonials to build trust and build your brand.

Tell a story. Structure a testimonial like a mini case study. Add your own details to explain the problem, the solution, and the outcome and then embed the client’s review as social proof.
Make it visual. Use a client photo (with permission) or a short video clip to encourage engagement. Otherwise, use a pull-quote style to highlight the text so it stands out.
Embrace emotion. Focus on client relief, satisfaction, or positive impact. This can be just as meaningful as the sensitive legal details that you can’t share.
Keep it short. Limit the length to 60 words for each testimonial. People are busy and they’re scanning your content.
SEO. Include client location or practice area keywords naturally in testimonials to help boost your search visibility.
Place it perfectly. Don’t bury testimonials in your footer. Make sure your website design displays quotes prominently to snag attention. Put them on your homepage, on practice area pages, and on a dedicated testimonials page.

Wait! There are two final principles you need to understand:

Variety means including testimonials from different practice areas or client types to appeal to diverse prospects. If all your reviews are the same, your firm will seem a little one-note.

Freshness means regularly updating with new content, or at least rotating in new reviews from your collection. This demonstrates ongoing client satisfaction.

Finally, you need to weave client testimonials into multiple marketing channels. Put them where people can see them!

Share snippets on social media
Include them in newsletters or follow-up emails to leads
Seek reviews on your Google Business Profile

Step 3: Maintain Compliance With Legal Advertising Rules

Your state bar has guidelines on advertising and social media—bookmark them and read them carefully. Some states have stricter rules than others, like New York.

Here are some general tips on compliance when it comes to testimonials:

Avoid misleading claims. Do not imply guaranteed outcomes or use superlatives that can’t be backed by data.

Be clear. Indicate when you’ve edited a testimonial for clarity or length. Better to give more information than accidentally mislead someone.

Keep good records. Document consent so you can pull up client permission if there’s ever an inquiry.

It’s worth saying that you are responsible for compliance. Even if you work with an agency, you need to ensure that everything on your site is aligned with the legal advertising rules in your area.

Step 4: Measure and Adapt

As with all digital marketing, you need to stay involved. Test and adapt for continual improvement. You’ll find that some testimonials resonate with your prospects more than others.

Monitor. Don’t overcomplicate it. Just track engagement and see which testimonials are driving website clicks, social shares, or consultation inquiries.

A/B test. Experiment with formats. Try the same testimonial in text form and in video form. Try it in a short clip or a longer video. Try a single quote or a full case study. See what resonates, and see if you understand why.

Update (but not too often). Give your current content enough time to collect accurate data. Then, refresh testimonials every six months to reflect current client satisfaction and fit your evolving practice focus.

Extrapolate. Take what you learn and use those insights to guide future marketing campaigns and your content strategy. Are people really responding to a certain service you offer? Perhaps it’s worth a few blog posts or a behind-the-scenes video featuring your team that explains the service in more detail.

Final Tips

Ethical testimonials fuel growth. With a little care and attention to detail, you can build up a steady flow of reviews and deploy them in service of your business.

That’s because credibility is a game-changer in the legal industry. Testimonials are one of the fastest ways to build trust online. Integrated strategically into a strategic digital presence, you’ll drive leads effortlessly.

Set yourself up for success with a website design that’s built to convert. Use a tested template that spotlights testimonials and start growing your firm.

Is Your Slow Website Costing You AI-Generated Client Referrals?

Mon, 01 Dec 2025 20:26:29 GMT

Picture this: It’s Tuesday afternoon, and somewhere in your city, a potential client is sitting on their couch with a problem your law firm is perfectly positioned to solve. For the sake of this example, let’s say that their mother was recently in a car accident and needs an attorney. However, instead of opening Google, they open ChatGPT.

Within seconds, they receive a thoughtful response with a list of specific recommendations, complete with practice areas, notable case results, and even office locations. Your firm has over twenty years of experience, a track record of multi-million-dollar settlements, and an office just blocks from where this person lives. You’re the perfect fit; however, you’re not on the list. Why not?

Well, while ChatGPT was scanning the web for law firm websites across your city, your site was still loading and your competitor’s site got the recommendation instead. That potential six-figure engagement? Gone before you even knew it existed.

The True Cost of a Slow Law Firm Website

Page speed can impact the ranking of content in AI search tools like ChatGPT indirectly, as AI prioritizes high-quality, fast-loading, and technically optimized sources. While ChatGPT and other AI search tools don’t “rank” pages in the traditional sense, their algorithms favor websites that offer a better user experience, and fast-loading pages are more likely to be deemed credible and useful sources for AI-generated answers. So, what is the cost if page speed is not addressed?

Direct Revenue Loss

The most immediate and quantifiable impact of slow page speed is lost revenue, real money that should be coming into your firm but instead flows to competitors.

According to a 2024 Forbes Advisor survey, people will wait an average of 8 seconds for a website to load, but realistically, if your website takes longer than 3 seconds to load, that is a problem. If users aren’t getting to what they need within a few seconds, they will just move on to the next option. This is further supported by a study that found conversion rates drop by 4.42% for every additional second it takes the website to load.

Let’s put this into perspective. Consider a typical mid-size law firm with 5,000 monthly website visitors, a current page load time of 6 seconds, and an industry-average conversion rate of 3%. With an average client value of $5,000, this firm currently generates approximately 150 leads per month, representing $750,000 in monthly revenue potential.

However, if this same firm optimized its website to load in just 2 seconds—a 4-second improvement—the mathematics of conversion loss reveal a striking opportunity. Those 4 seconds of improvement, multiplied by the 4.42% conversion penalty per second, equals a 17.68% increase in conversion rates. This would boost the firm’s conversion rate from 3% to 3.53%, generating 176.5 leads per month instead of 150. The result is a monthly revenue potential of $882,500, representing a monthly opportunity of $132,500 or an annual revenue opportunity of $1,590,000.

It is important to note that the scale of this opportunity varies dramatically by firm size.

Additionally, page speed is a known ranking factor for Google, so having a slow-loading website can impact your rankings and whether potential new clients can even find you online. The same goes for AI search tools such as ChatGPT or Perplexity.

Overall, by not paying attention to the loading speed of your site, if it is failing, then you are ultimately leaving money on the table and missing out on new clients.

Brand and Credibility Damage

Beyond the measurable revenue loss, slow page speed can cause damage to your firm’s reputation and perceived credibility. Your website is often the first impression potential clients have of your firm, and when it loads slowly or not at all, it can often give people a bad impression. For example, it can suggest poor attention to detail, which is catastrophic in a profession were missing a filing deadline or overlooking a contractual clause can destroy a client’s case.

Additionally, attorneys know that professional referrals are often the highest-quality lead source. But when someone wants to refer business to your firm, they frequently visit your website first to confirm you’re a good match or to get your contact information. If the referring party encounters a slow, frustrating website experience, they may reconsider the referral entirely.

Lastly, brand credibility extends beyond clients to potential employees. Top legal talent researches firms before applying or accepting positions. In competitive job markets where attracting talented associates can determine a firm’s growth trajectory, this hidden cost of poor website performance affects your ability to build a strong team, which in turn affects your capacity to serve clients and grow revenue.

Competitive Market Share Erosion

In the emerging AI search landscape, there’s a powerful first-mover advantage that creates compounding competitive disadvantages for slow adopters.

AI systems learn from success patterns. When a firm consistently appears in recommendations (because its site loads quickly), gets clicked by users, and presumably provides satisfactory outcomes, the AI develops a preference pattern. It begins to “trust” that source as reliable. Meanwhile, firms that consistently fail to load or timeout train the AI to skip them. Over time, this creates algorithmic entrenchment where even after you fix your speed issues, you’re fighting an uphill battle against established competitors who have months or years of positive reinforcement in AI systems.

How to Diagnose If Your Website’s Speed is Affecting the Firm

If you get to this point in the article and you are thinking to yourself, “I don’t even know if my website’s page speed is performing poorly,” you’re probably not alone. Let’s dive into how you can diagnose if your firm’s website speed is costing you potential new clients.

PageSpeed Insights

Google’s PageSpeed Insights tool is the best tool to help you diagnose your page speed issues, should any be prevalent. This tool will give you opportunities for improvements, and it’s something you can easily run and hand off to your developer to get fixed. To make things even better, it’s free!

Core Web Vitals

Core Web Vitals are a part of the PageSpeed Insights report that has grown in importance as well, which measures factors that contribute to a user’s experience. The Core Web Vitals metrics are:

Largest Contentful Paint (LCP) –Measures loading performance
Interaction to Next Paint (INP) –Measures responsiveness
Cumulative Layout Shift (CLS) –Measures visual stability

Google has said, “We highly recommend site owners achieve good Core Web Vitals for success with Search and to ensure a great user experience generally. This, along with other page experience aspects, aligns with what our core ranking systems seek to reward.” So, by passing Core Web Vitals, you will also be improving your traditional organic search success.

Don’t Let a Slow Website Hold Your Firm Back From Generative AI Success

AI-powered search isn’t a future trend to monitor; it’s today’s reality, actively shaping which firms thrive and which will slowly see the negative impacts of not paying attention sooner. Every day that passes with a slow website is another day of invisible losses, another dozen potential clients who never knew you existed, another incremental advantage handed to your competitors.

While AI adoption is accelerating rapidly, we’re still in the early stages of this transition. In fact, most law firms haven’t yet recognized the connection between page speed and AI recommendations, haven’t tested their load times in months or even years, and are likely losing AI-generated referrals without even realizing it’s happening. That gives you a window to get ahead of this curve before it becomes exponentially harder. Don’t let a slow website be the reason your firm gets left behind.

AI Visibility and Attorney Bios: Why Highly-Focused Lawyer Bios Win in the Age of ChatGPT

Mon, 01 Dec 2025 20:22:12 GMT

Imagine this scenario: A potential client types a legal question into ChatGPT, and within moments, an answer appears, sourced from the writings of expert lawyers.

In this scenario, why does the AI repeatedly quote the work of some lawyers, while others remain practically invisible?

The difference isn’t luck. It’s market positioning.

AI Rewards Specificity

In the era of AI, a narrowly focused attorney bio isn’t just clever branding; it’s the key to visibility. Bios that position a lawyer broadly, for example, as a “defense litigator” or “corporate lawyer,” get ignored. On the other hand, bios that are clearly focused on a precise niche (e.g., a securities lawyer serving venture-backed startups) are magnets for attention from the AI answer engines.

Why? Because AI rewards specificity. Attorneys who have carved out a niche naturally include language that is more precise and more likely to mirror client queries. So, when someone asks AI about “the pros and cons of a SPAC versus a traditional IPO,” the SPAC-focused lawyer has a massive advantage over a generic securities lawyer.

Topical Authority Matters

And it’s not just about keywords—topical authority matters. When an attorney consistently publishes focused, high-quality content on a specific subject, it signals to AI engines that the lawyer is a true expert. This credibility is what prompts AI to surface their name and insights in its answers.

“Bios that are clearly focused on a precise niche are magnets for attention from the AI answer engines.”

Three Steps to Achieve Narrow Positioning

Narrow positioning isn’t just about improving visibility in AI searches; it has the potential to change the economics of your practice. For example, niche-focused attorneys:

Know precisely what clients to target, which makes marketing and business development much simpler.
Are more memorable and authoritative, allowing them to stand out in a crowded marketplace.
Command higher fees by attracting premium clients from around the world.

With every step an attorney takes toward narrowing their focus, they reduce the number of competitors clients perceive as viable alternatives.

So, how does an attorney reshape their bio to be niche-focused? It starts with these three steps.

Pick a niche. Ideally, a single service for a single client type. The narrower, the better.
State it clearly. The first sentence of a bio should function like a positioning statement. Skip the puffery. Clients, and AI, reward you for being clear and direct.
Substantiate your claim of expertise. It’s not enough to simply state that you’re an authority; you need to demonstrate it. For your bio to serve as a living portfolio of reputation-building content, it should feature articles, blog posts, case studies, presentations, videos, and testimonials. The aim is to elevate it from a static resumé into a dynamic hub of authority that proves your credibility at a glance.

“When it comes to AI optimization, the fundamentals of SEO remain the foundation. When your site is technically sound, your content clear, and your authority signals strong, you are well positioned for AI.”

The Website Infrastructure Behind AI Visibility

Of course, positioning alone isn’t enough. Your bio has to live on a website that can support AI visibility. As our friend and SEO expert Joe Giovonoli says, “When it comes to AI optimization, the fundamentals of SEO remain the foundation. When your site is technically sound, your content clear, and your authority signals strong, you are already preparing for GEO, AEO, and AIO.” To achieve this:

Ensure that the site is “Google-ready.” This means having a website that is easily accessible by Google. For example, fast page loading is essential, and technologies like React.js can help achieve it. Canonical URLs prevent duplicate content penalties, and semantic HTML enables AI engines to understand what matters most. Also, an XML sitemap makes content easier for search bots to discover and prioritize. And strong SEO controls over page titles, slugs, and meta descriptions directly influence what both Google and AI search results display.
Schema.org markup is critical. Schema markup structures data in a way that Google (or AI) can understand it. For example, Schema markup will make clear that a particular attorney authored an article. This added precision yields much greater visibility in Google and AI answer engines.
Engaging content formats are helpful. As always, clear, authoritative, and well-structured content is the key to SEO success. To enable this, your site should seamlessly support a mix of engaging formats, from FAQs and information graphics to videos, that reinforce and amplify their subject-matter authority.
Embrace content teasing. A well-optimized website should include strategic content-teasing tools on the bios (among other places). These tools spotlight your most current and compelling pieces, such as articles, blog posts, and case studies, that reinforce an attorney’s niche expertise, positioning them as a trusted authority in the eyes of both potential clients and AI-driven search engines.

In short, positioning plus a proper website infrastructure equals visibility. Firms that invest in both are far better positioned to stand out and get found.

The Bottom Line

In today’s AI-driven marketplace, being broadly positioned is a recipe for invisibility. However, attorneys who stake their claim on narrow ground and support their market positioning with thought leadership and success stories are more likely to be noticed and achieve success with marketing. Combine that focus with a technically sound, AI-friendly website, and you’ll do more than build a presence; you’ll become discoverable.

Orange County, November 2025

Mon, 03 Nov 2025 21:04:48 GMT

San Diego, November 2025

Mon, 03 Nov 2025 21:03:33 GMT

From Rivals to Record-Setters

Mon, 03 Nov 2025 21:01:28 GMT

Contact

Dunn DeSantis Walt & Kendrick, LLP

750 B Street, Suite 2620

San Diego, CA 92101

858-566-5585

www.ddwklaw.com

Once Legal Foes, These Two Established Firms Teamed Up to Secure California’s Largest Malpractice Recovery

Once adversaries in the courtroom, Dunn DeSantis Walt & Kendrick and Stanford And Associates have forged a powerhouse alliance—redefining legal malpractice litigation and securing a historic $125+ million settlement.

From Adversaries to Allies

For decades, the attorneys at Dunn DeSantis Walt & Kendrick (DDWK) and Stanford And Associates faced each other across courtrooms in some of California’s most contentious legal malpractice cases. One firm became known for its broad litigation firepower, including the defense of attorneys. The other built a near-mythic name for holding them accountable. In the insular world of legal malpractice litigation, few rivalries ran deeper than this one. Or had more mutual respect.

But in a recent, unexpected twist, the two San Diego-based firms—longtime adversaries—have joined forces. And the result? One of the most powerful legal collaborations in California, marked by a groundbreaking $125+ million settlement over the summer, which now stands as the largest legal malpractice recovery in state history.

“This unique partnership allows us to combine decades of experience in this important niche practice area,” says David Cardone, founding partner at DDWK. “Together, we’re able to pursue claims with insight that very few firms can offer because we’ve lived on both sides of the table.”

Dan Stanford, founder of Stanford And Associates and widely regarded as one of the most seasoned legal malpractice litigators in the country, echoes the sentiment: “The collective expertise of the two firms now presents an unrivaled team. I don’t believe there’s another group in California, or the country, better equipped to handle high-stakes malpractice litigation.”

It’s a story of mutual respect forged through years of combat. Now, that intensity is being channeled in one direction: securing justice for clients wronged by the very legal professionals who were responsible to protect them.

Adrienne Miller, Dan Stanford, David Cardone, Adam Yarbrough and Meg Rogers

Legendary Lineage: The Firms Behind the Names

The origins of DDWK trace back to the 1960s, when J. Lawrence Irving, who would later become a federal judge, and several of his colleagues left a prominent San Diego law firm to forge their own path. Over generations, that legacy evolved into the formidable firm known today as Dunn DeSantis Walt & Kendrick. With a legal team that includes partners and staff who’ve been with the firm for decades, DDWK has cultivated a deep bench of courtroom-tested professionals known for litigating high stakes matters, including the defense of law firms.

Along with Cardone, the DDWK team includes standout attorneys Kevin DeSantis, Jim McFaul, Brad Lebow, and Adam Yarbrough—each of whom brings years of experience litigating legal malpractice claims. DeSantis, like Dan Stanford, is one of California’s first attorneys to be recognized by the State Bar as a certified specialist in Legal Malpractice Law. Their collective defense background adds great depth to the alliance.

By contrast, Stanford And Associates built its reputation on the other side of the aisle. Led by Dan Stanford, a longtime veteran of legal malpractice litigation, the firm has filed more claims against attorneys and law firms than any other in California. Stanford has long been the go-to name for those seeking to hold negligent attorneys accountable—an almost singular force in this highly specialized area of law.

The irony is rich: DDWK, long known for its successes in the defense of professional liability cases, now finds itself partnering with one of the attorneys it once faced off against most frequently.

“Having fought them for decades, I knew just how good they were,” Stanford says of DDWK. “I wanted to be in the foxhole with them—not against them.”

That combination—Stanford’s unmatched experience prosecuting malpractice claims and DDWK’s intricate understanding of defense tactics—has resulted in what many in this specialized legal community, including fellow practitioners and mediators, see as a dream team.

The Turning Point: A Case, a Dinner, and a Decision

The seeds of the alliance were planted in 2020, when Cardone approached Stanford about teaming up on a commercial dispute involving an AmLaw 100 firm. The case required the pursuit of malpractice claims, and Stanford brought a plaintiff-side expertise that complemented DDWK’s litigation chops. The collaboration proved successful and more importantly, seamless. The die was cast. Cardone and Stanford began to undertake more cases together.

But the real turning point came in late 2023, after Cardone and Yarbrough secured one of the largest jury verdicts of the year. Stanford took Cardone out to dinner to celebrate. Over that meal, he made a proposal that would change the trajectory of both firms: why not form a deeper, more strategic alliance?

“After that win, I realized something,” Stanford recalls. “This wasn’t just a good team; it was the right team. We shared the same values, the same obsession with detail, the same willingness to fight hard and smart. And deliver results. The time was right to formalize what we had started.”

A decision was made to unite under a shared mission: take on only a small number of high-value, high-stakes malpractice cases, and pursue them with full force.

To streamline collaboration and build day-to-day synergy, Stanford physically moved into DDWK’s downtown San Diego office in 2024. “Being in the same office lets us work faster, think bigger, and be more responsive,” he says. “It also gives me a chance to share lessons with their younger attorneys, something I’m enthusiastic about, and proud to do.”

Founding Partners: David D. Cardone, Kevin V. DeSantis and James A. McFaul

Record Breakers: Inside the $125M Milestone

Their biggest case to date came earlier this year when the two firms secured what appears to be California’s largest legal malpractice settlement ever: a staggering $125+ million pre-litigation resolution.

The case was complex, high-stakes, and emotionally charged. The client had suffered catastrophic losses due to egregious missteps by one of the nation’s most prominent firms. The client’s leadership didn’t want just any lawyers—they wanted a team that could combine insider knowledge, litigation firepower, and demonstrated courtroom success.

“They hired us specifically because of this collaboration,” Stanford explains. “They said, ‘We wouldn’t have hired either of you alone. But together, we believe you can win.’ That was powerful.”

For six months, the team worked around the clock to build a nine-figure case. They prepared a litigation-ready complaint, assembled a blue-ribbon panel of expert witnesses, and applied unrelenting pressure to the defendant firm and its insurers. Their strategy: prepare so thoroughly for trial that the only logical outcome was settlement.

“We prepared for war and got peace,” Yarbrough says. “But only because we built a nuclear case.”

The client, who had expected years of drawn-out litigation, was stunned and thrilled when the case resolved early. “This case set a new standard, not just for results, but for what collaboration at the highest level can really accomplish,” Stanford adds.

The Alliance in Action: What Comes Next

Fresh off the record-breaking win, the team has wasted no time in tackling a new slate of high-stakes claims.

One current case involves a young man who tragically lost his arm in a 2020 boating accident on the Colorado River. His original attorneys, from a high-profile Los Angeles-based personal injury firm, initially estimated the claim was worth in excess of $50 million. But then they settled the case for a mere $50,000—believing no further recovery was possible. DDWK and Stanford And Associates disagreed. They identified additional parties and uncovered avenues for substantial recovery.

“Being able to help someone who’s been hurt twice—once by the accident, and again by his own legal team—is what drives us,” says Yarbrough. “These cases aren’t just about dollars. They’re also about dignity.”

Another case centers on an Orange County investment advisor who was encouraged by his attorneys to settle with the SEC without being warned that the deal would effectively shutter a large part of his business. The result? Tens of millions in lost revenue, and a steep decline in the size of his firm.

“Cases like this are our bread and butter,” says Cardone. “High-value losses. High-level legal missteps. We specialize in navigating the complexities of the underlying cases and forging an effective path forward.”

And they don’t shy away from trial. While many firms hope to settle, DDWK and Stanford make it clear: they’re always ready for a jury. “Some cases demand a courtroom,” Stanford says. “And we look forward to putting justice in the hands of jurors.”

Adam Yarbrough, David Cardone, Brad Lebow

Redefining a Niche: A New Standard for Prosecuting Malpractice Claims

With more than 150 years of combined legal malpractice experience between them, DDWK and Stanford And Associates are setting a new standard—not just in results, but in reputation. Their alliance is attracting the attention of both clients and peers, particularly among attorneys who refer sensitive or high-profile malpractice matters to firms they trust.

“We’re getting calls from across the state,” Stanford says. “People know we’ve been on both sides of these cases. They know we’ve fought the biggest firms in the country and won. We’re based here in San Diego, but our practice takes us all over California.”

Inside DDWK’s offices, the atmosphere is more than collaborative. It’s cohesive. Shared offices, daily strategy meetings, and mutual mentoring have created a culture that feels more like one firm than two.

“This isn’t a temporary co-counsel relationship,” says Cardone. “This is a long-term alliance built on trust, experience, and a shared commitment to our clients.”

And as they look to the future, both firms remain selective. They take only the cases they believe in, because that’s what allows them to go all in.

“Unlikely allies? Sure,” Stanford says with his familiar, wry smile. “But that’s what makes our victories even sweeter.”

The Dunn DeSantis Walt & Kendrick Team

From Rivals to Record-Setters

Mon, 03 Nov 2025 20:58:07 GMT

Contact

Dunn DeSantis Walt & Kendrick, LLP

750 B Street, Suite 2620

San Diego, CA 92101

858-566-5585

www.ddwklaw.com

Once Legal Foes, These Two Established Firms Teamed Up to Secure California’s Largest Malpractice Recovery

From Adversaries to Allies

Adrienne Miller, Dan Stanford, David Cardone, Adam Yarbrough and Meg Rogers

Legendary Lineage: The Firms Behind the Names

The irony is rich: DDWK, long known for its successes in the defense of professional liability cases, now finds itself partnering with one of the attorneys it once faced off against most frequently.

“Having fought them for decades, I knew just how good they were,” Stanford says of DDWK. “I wanted to be in the foxhole with them—not against them.”

The Turning Point: A Case, a Dinner, and a Decision

A decision was made to unite under a shared mission: take on only a small number of high-value, high-stakes malpractice cases, and pursue them with full force.

Founding Partners: David D. Cardone, Kevin V. DeSantis and James A. McFaul

Record Breakers: Inside the $125M Milestone

“We prepared for war and got peace,” Yarbrough says. “But only because we built a nuclear case.”

The Alliance in Action: What Comes Next

Fresh off the record-breaking win, the team has wasted no time in tackling a new slate of high-stakes claims.

Adam Yarbrough, David Cardone, Brad Lebow

Redefining a Niche: A New Standard for Prosecuting Malpractice Claims

“This isn’t a temporary co-counsel relationship,” says Cardone. “This is a long-term alliance built on trust, experience, and a shared commitment to our clients.”

And as they look to the future, both firms remain selective. They take only the cases they believe in, because that’s what allows them to go all in.

“Unlikely allies? Sure,” Stanford says with his familiar, wry smile. “But that’s what makes our victories even sweeter.”

The Dunn DeSantis Walt & Kendrick Team

Key Factors to Consider When Choosing a Legal Videographer

Mon, 03 Nov 2025 20:39:48 GMT

Knowing how to choose a legal videographer starts with learning exactly what they do and why their specific expertise is so important.

Beyond film quality and formatting needs, legal videographers must understand legal proceeding protocols and follow workflows and systems that guarantee file security and compliance.

Ultimately, choosing the right videography provider leads to evidence that holds up in court and risk avoidance for your firm.

What Does a Legal Videographer Do?

Videographers most often capture testimonies and depositions during the discovery phase of litigation. They can also be used at trial or engaged to record locations, machinery, event re-creations, and other useful videos for legal matters.

Legal videography can take place in conference rooms, hotels, courtrooms, homes, or any number of locations.

Capture Testimonies and Depositions on Video

Deposition and testimony videos record nuances that significantly affect the believability and interpretation of an individual’s spoken words. While transcripts are essential to the legal system, they don’t convey the full experience of witness testimony, especially given the varying types of witnesses.

Consider the difference between reading printed words vs. watching or hearing:

Facial expressions that contradict or reinforce what is being said
Fidgeting, tension, or body postures
Tone and cadence changes
Willingness or failure to make eye contact

With a video, a judge, jury, and other viewers can more clearly:

Assess truthfulness
Absorb the emotion involved
Receive the full impact of injuries or harm described

Ensure Admissibility Through Professional Standards

There are some critical rules to abide by for videos that may be introduced at trial. Video depositions, for example, must follow Rule 30, Depositions by Oral Examination, under the Federal Rules of Civil Procedure. This covers: ¹

Video manipulation: The “deponent’s and attorneys’ appearance or demeanor must not be distorted through recording techniques,” which means no filters, creative filming techniques, or post-production manipulation to a straightforward video capture.
Court reporter opening: A deposition video must begin with all required elements of the court reporter’s opening statement, including their name and business address; the deposition’s location, date, and start time; the deponent’s name and the administration of the oath or affirmation to them; and the identification and role of each person present.
Court reporter closing: The videographer should continue uninterrupted filming through the court reporter’s closing, which includes the ending date and time, the custody and availability plans and stipulations of the video file, and any attorney or jurisdictional stipulations related to evidentiary exhibits, etc.

Skilled legal videographers will display professionalism through these behaviors:

Arrive early with the right equipment for the space
Handle all technical details and video equipment
Capture all pertinent filming unobtrusively, without affecting the proceedings
Offer rapid turnaround and choice of file format

Offer Postproduction Services

In addition to a “raw” video of legal proceedings, there are several ways that video files may need to be further adapted or used. When you choose a legal videographer, ask whether they (or their agency) can provide post-production services, such as:

Video encoding, transcoding, conversion, and archiving
Synchronization of separately recorded audio and video
Video editing
Video clip creation
Closed captioning services
Synchronized video transcripts
Picture in picture (PIP) technology

Core Qualifications to Look for in a Legal Videographer

Proven experience should be a top priority when securing legal videography. Additionally, there are several educational and professional markers to consider. In particular, look for:

Certification

There is no required federal, state, or local certification, licensing, or registration for legal videographers.

However, certifications from professional associations can assure of competency through a combination of coursework, practical training, exams, and continuing education: ^2,3

NCRA Certified Legal Video Specialist (CLVS)
AGCV Certified Deposition Video Specialist (CDVS)
AGCV Certified Evidentiary Video Specialist (CEVS)
AGCV Certified Trial Technology Specialist (CTTS)

Industry Experience

Look for specific experience in legal videography—not simply the technical skills to handle the equipment. Legal videographers need to be familiar with regulations that govern their jurisdiction(s) and the unique goals and best practices of videos used in legal proceedings.

In some states, legal videographers of depositions or other official proceedings must be authorized to administer an oath to allow the video into evidence. This means holding credentials such as those obtained by:

Court reporters
Notary publics
Court clerks and deputy clerks
Bailiffs

Additionally, you may want to look for a legal videographer or agency that offers overlapping skills. A legal videographer who can also act as a trial presentation specialist or court reporter can land you a major efficiency bonus.

Familiarity with Courtroom Procedures and Legal Protocols

From adapting files for multi-platform use in hybrid trials to opting for best-practice equipment such as cardioid directional microphones, your videographer should understand the practical needs and requirements of the legal industry.

These include:

Set up to capture all relevant parties by both sound and sight
The who, when, and where of courtroom access, scheduling, and connectivity
Techniques to remain unobtrusive and avoid distracting the court
A basic understanding of hearing, deposition, and trial sequences and protocols

Technology and Equipment Considerations

Legal videographers need to select optimal equipment and software, anticipating what they’ll rely on in different environments. This includes considering:

Lighting, acoustic, and filming setup challenges
Technology choices common to law firms and their conference rooms
Built-in equipment in courthouses and courtrooms
Best practices for capturing low-volume, multi-directional, multi-speaker audio
Connectivity and power access workarounds

Audio and Video Quality Standards for Legal Use

The goal of legal videography isn’t a cinematic masterpiece, but a clear record that captures all sounds and sights as crisply and truly as possible. There may be jurisdictional or administrative requirements around file specs such as format and size, but the requisite qualities of filming under Federal Rule of Civil Procedure 30 and Federal Rule of Evidence 902 are ^1,3 :

No distortion of appearance or demeanor
through recording techniques
Proof of original, unmanipulated file including intact metadata
Inclusion of all elements of the court reporter’s opening and closing statements

Backup Systems and File Security Measures

A file gone missing or into the wrong hands can lead to delays or liability risks. To that end, your videographer needs to understand and utilize systems and protocols that provide security and backup for your files. This includes:

Redundant datacenters
24/7 network and security operations
End-to-end encryption

You can check on their security protocols by inquiring about independent audits and their adherence to the following:

SOC 2 Type 2 security compliance
NIST Cybersecurity Framework
HIPAA compliance

Legal and Ethical Compliance Requirements

During a trial, video can serve critical functions and offer a make-or-break impact on case outcomes.

Functionally, legal videos can be used:

As leverage during settlement negotiations
To support pretrial preparation and strategy
In lieu of live testimony at court
To impeach witnesses during a trial

Understanding of Confidentiality and Chain of Custody

The content of legal videos can impact lives, marriages, employment, and even pose wider business and political risks. This makes confidentiality essential for all stages of capturing, storing, transferring, and (refraining from) discussing videos. Even for videos destined to be shown at trial and become part of the public record, timing and certainty of that release can alter case outcomes, making confidentiality a must.

To be useful as evidence, legal videos also need to have a watertight provenance. The original file must be protected, with intact metadata that displays provenance factors including ³ :

Authorship
Creation and modification time-stamps
Digital signatures

Compliance with Local Jurisdictional Rules

The Federal Rules of Civil Procedure and Evidence were mentioned above, but they aren’t used across the board. While most states have adopted them to a large degree, there are variances that may impact how videos are taken and what elements must be included or proven.

Your legal videographer should understand the evidentiary guidelines for the specific jurisdiction to avoid having video discarded from your evidence lineup at trial.

Final Thoughts: Choosing the Right Legal Videographer with Confidence

Selecting the right legal videographer means understanding what questions to ask to ensure you’re not just getting someone with the right technical and creative skills. Find out the details of their experience, legal understanding, and security workflows to produce, protect, and deliver exactly what you need.

Sources:

1. Cornell Law School. Rule 30. Depositions by Oral Examination. https://www.law.cornell.edu/rules/frcp/rule_30

2. National Court Reporters Association. Certified Legal Video Specialist (CLVS). https://www.ncra.org/certification/NCRA-Certifications/certified-legal-video-specialist

3. American Guild of Court Videographers. AGCV CERTIFICATIONS. https://www.agcv.com/certification

4. National Court Rules Committee: Federal Rules of Civil Procedure. Rule 902—Evidence That Is Self-Authenticating. https://www.rulesofevidence.org/fre/article-ix/rule-902/

Law Practice Succession Planning: The Importance of Staying in Control

Mon, 03 Nov 2025 20:29:01 GMT

As attorneys, we are trained to anticipate risk and protect our clients from uncertainty. Yet many of us fail to apply that same diligence to our own practices. Succession planning is not just a professional courtesy—it’s a legal and ethical necessity.

A Cautionary Tale

The sudden death of a law firm’s founder or managing partner can trigger a cascade of problems—especially when no succession plan exists. One real-world example involved a 30-attorney firm with multiple offices in the Mid-Atlantic. After the unexpected passing of its managing partner, the firm unraveled within a year. Without a designated successor or leadership structure, attorneys began leaving, clients lost confidence, and operations ground to a halt. Eventually, the remaining lawyers voted to close the firm.

Solo practitioners are particularly vulnerable. Many work until they pass away, leaving family members or colleagues to sort out the aftermath. In sole proprietorships, the firm legally ceases to exist upon the owner’s death. Without a plan, client matters may be left unresolved, and the firm’s assets are liquidated to pay debts. Even partnerships and LLCs can face dissolution or legal disputes if succession provisions are missing.

Whether through internal leadership development, merger strategies, or buy-sell agreements, law firms must prepare for the unexpected. Succession planning isn’t just about continuity, it’s about protecting clients, staff, and the legacy of the firm.

Ethical Duties Require More Than Good Intentions

California attorneys are bound by fiduciary duties of competence, communication, loyalty, and confidentiality. These duties don’t end when we retire, become incapacitated, or pass away. If we fail to plan for the transition or closure of our practice, we risk breaching these obligations and exposing our clients to harm.

The California Rules of Professional Conduct—particularly Rules 1.1 (Competence), 1.6 (Confidentiality), 1.15 (Safeguarding Client Property), and 1.17 (Sale of Law Practice)—set clear expectations for attorneys to act with diligence and care in managing their practices, even in transition.

California’s Default Rules: Reactive and Risky

If an attorney becomes incapacitated or dies without a succession plan, California law provides a framework—but it’s far from ideal. Under Business & Professions Code Sections 6180 and 6190, the Superior Court may assume jurisdiction over the law practice and appoint an attorney to wind it down. This process is designed to protect clients, but it can be slow, disruptive, and costly.

The court-appointed attorney may not be familiar with the practice, the clients, or the systems in place. Without prior arrangements, even basic tasks—like accessing trust accounts, retrieving files, or notifying clients—can become complicated. Confidentiality concerns, malpractice risks, and administrative burdens often fall on grieving family members or unprepared colleagues.

When There is No Plan

If the court steps in, the appointed attorney or representative must:

Secure the office, files, and trust accounts
Notify clients, courts, and opposing counsel
Review calendars for deadlines and court appearances
Handle payroll, insurance, leases, and vendor contracts
Reconcile trust accounts and finalize billing
Safely destroy or return client files
Notify the State Bar and other agencies of the closure

This process can take months and may result in lost goodwill, client dissatisfaction, and even litigation.

Proactive Planning: A Professional Imperative

To avoid this scenario, I recommend the following steps:

Designate a successor attorney: Choose someone you trust and formalize the arrangement in writing. This person should be prepared to step in immediately if needed.
Create an emergency protocol: Include passwords, client lists, trust account details, and instructions for transferring or closing cases. Keep this updated and accessible.
Consider selling or transferring your practice: If retirement or declining health is foreseeable, explore options for selling or transitioning your practice while you’re still able to oversee the process. Rule 1.17 governs the ethical sale of a law practice and requires client notification and consent.
Communicate with clients and staff: Let them know you have a plan. This builds trust and ensures a smoother transition.
Maintain insurance and records: Consider “tail” malpractice coverage and keep detailed records of client communications, billing, and file dispositions.

Planning Is an Act of Compassion

Succession planning is not just about protecting your business—it’s about protecting your clients, your colleagues, and your legacy. It’s a reflection of your professionalism and your compassion.

Mark Cuban Is Right: The Only Legal Skill That Matters Now Is Making Machines Work for You

Mon, 03 Nov 2025 20:26:00 GMT

Mark Cuban doesn’t mince words. When I asked him for advice for my law students at UConn Law School, his response was brutally simple: “Become intimate with all the LLMs. Learn what they can and can’t do. Same with agentic AI.” He’s right. And most lawyers are completely unprepared for what’s coming.

The legal profession spent the last century perfecting human processes. We created elaborate systems for document review, legal research, contract drafting, and case management. We built pyramids of associates doing manual work that partners would review. We charged by the hour for tasks that should take minutes. Now Cuban points to the obvious truth: all those processes are dead weight. The firms that survive will be the ones that eliminate them entirely through automation.

The Process Problem Is Killing Legal Practice

Law firms are process factories. Junior associates spend 2,000 hours a year on document review. Partners waste days editing briefs that could be generated in seconds. Paralegals manage filing systems that should be automated. Clients pay $500 an hour for work that adds no real value.

Cuban nails it: “So much of law is spent on processes.” These processes exist because we’ve always done them, not because they need to exist. They’re the legal equivalent of using horses when cars are available. Every hour spent on process is an hour stolen from actual legal thinking and strategy.

The dirty secret is that most legal work isn’t legal work at all. It’s information processing, pattern matching, and document generation. These are exactly the tasks that LLMs excel at. A properly configured AI can review contracts faster than any human, spot issues more consistently, and generate first drafts that need minimal editing. Yet most firms still have associates doing this work manually, billing clients’ premium rates for commodity tasks.

This isn’t just inefficient. It’s malpractice. When better tools exist and lawyers refuse to use them, they’re failing their duty to serve clients effectively. The profession’s resistance to automation isn’t principled; it’s protectionist. We’re protecting outdated business models at the expense of access to justice.

Law Firms Are Having the Wrong Debate

Here’s what kills me: Right now, law firm management committees are sitting in conference rooms debating whether to allow ChatGPT or which legal AI vendor to select. They’re comparing Cocounsel to Harvey to Lexis+ AI. They’re drafting policies about acceptable use. They’re forming committees to study the issue.

They’re completely missing the plot. This isn’t a procurement decision. It’s not about picking the right product or crafting the perfect policy. It’s about fundamentally rewiring how lawyers think and work. While firms debate which walled garden to buy into, their competitors are teaching lawyers to be AI-native practitioners who can work with any tool that emerges.

The vendors selling “legal-specific AI” are laughing all the way to the bank. They’re charging firms tens of thousands per month for what amounts to GPT-5 with a legal wrapper. These firms think they’re buying safety and specialization. What they’re actually buying is limitation and dependency. Meanwhile, lawyers who know how to work directly with Claude or GPT-5 are running circles around them, switching between models based on the task, combining tools for complex workflows.

The real competitive advantage isn’t having the “right” AI tool. It’s having lawyers who understand AI deeply enough to use any tool effectively.

The New Core Competency: AI Fluency

Cuban’s advice cuts through the noise: become intimate with LLMs. Not familiar. Not competent. Intimate. This means understanding their capabilities at a granular level. Knowing when Claude outperforms GPT-5 for legal analysis. Understanding how to chain prompts for complex reasoning. Recognizing when an AI hallucinates versus when it surfaces genuine insights.

Most lawyers treat AI like a search engine. They ask basic questions, get basic answers, and declare the technology overhyped. They’re using Formula One race cars to drive to the grocery store. The lawyers who will dominate the next decade are those who understand these tools deeply enough to push them to their limits.

This isn’t about learning to code. It’s about learning to think in ways machines can execute. It means breaking complex legal problems into discrete, solvable components. It means understanding how to validate AI output and when to trust automated systems. It means knowing which tasks to delegate to machines and which require human judgment.

The skill hierarchy in law is inverting. Technical excellence used to mean mastering case law and procedure. Now it means orchestrating AI systems to handle routine work while you focus on strategy and client relationships. The lawyers who can make machines do their bidding will outcompete those who can’t by orders of magnitude.

It’s About Learning, Not Buying

The firms getting this right aren’t shopping for solutions. They’re building learning cultures. They’re running prompt engineering workshops. They’re creating internal labs where lawyers experiment with different models. They’re rewarding lawyers who find new ways to automate routine tasks.

One partner I know gave her entire team Claude and ChatGPT accounts and told them to break things. No policies, no restrictions, just pure experimentation. Within a month, they’d automated 40% of their document review process. Within three months, they were generating first drafts of briefs that needed minimal editing. They didn’t buy a legal AI product. They learned how to think with machines.

This is what Cuban means by becoming “intimate” with LLMs. It’s not about mastering a single tool. It’s about developing an intuition for how these systems think, what they can do, and how to push them beyond their obvious applications. It’s about learning the meta-skill of AI collaboration.

The firms still debating policies are already obsolete. While they worry about risk and compliance, their clients are using ChatGPT themselves and wondering why they’re paying lawyers to do work that machines can handle. The market won’t wait for the legal profession to get comfortable with AI. It will simply route around firms that refuse to adapt.

Building the Future Means Destroying the Present

Cuban’s most provocative point is his call to “invent new approaches.” He’s not talking about incremental improvement. He’s talking about burning down existing models and building something fundamentally different.

Consider legal research. The traditional approach involves hours in databases, reading cases, synthesizing holdings. The AI approach? Feed a well-crafted prompt to Claude or GPT-5, get a comprehensive analysis in seconds, then spend your time validating and refining. The entire research process collapses from days to hours.

Or take contract drafting. Instead of starting from templates and manually customizing clauses, AI-fluent lawyers generate entire agreements from natural language specifications. They iterate through versions in real-time during negotiations. What took weeks now takes hours.

These aren’t efficiency gains. They’re paradigm shifts. And they’re happening whether the legal establishment likes it or not. The firms clinging to traditional processes will be decimated by competitors who embrace automation. The choice isn’t whether to adopt AI but whether to lead or follow.

The Path Forward Is Clear

Cuban’s advice is a roadmap, but most firms are treating it like a shopping list. Stop looking for the perfect AI product. Start building AI-native lawyers.

First, master the tools. Not a tool. The tools. Spend serious time with Claude, GPT-5, Gemini, and emerging platforms. Learn their strengths, weaknesses, and quirks. Understand how to prompt effectively, validate outputs, and chain operations for complex tasks. Make this part of professional development, not a side project.

Second, create learning environments. Give lawyers time and space to experiment. Reward failure and breakthrough equally. Share discoveries across teams. Build internal knowledge bases of effective prompts and workflows. Make AI fluency as important as legal knowledge in performance reviews.

Third, identify processes to eliminate. Every manual task in your practice is a target for automation. Document review, legal research, contract analysis, brief writing, client communications. Map these processes, then systematically replace them with AI workflows.

Fourth, invent new service models. When routine work takes minutes instead of hours, billing structures must change. Value-based pricing, subscription models, and outcome-based fees will replace the billable hour. Firms that figure this out first will capture massive market share.

The legal profession stands at an inflection point. Cuban sees it clearly: the future belongs to those who can command machines to do their bidding. The rest will be left behind, clinging to processes that no longer need to exist, charging for work that machines do better.

The lawyers who get it: They’re not learning to be traditional lawyers. They’re learning to be legal engineers, process eliminators, and AI orchestrators. They’re not asking which legal AI product to use. They’re learning to use them all, to think with machines, to see possibilities where others see threats. They’re following Cuban’s advice to the letter.

The question for practicing lawyers is simple: Will you join them, or will you be replaced by them? Cuban has shown you the path. Stop shopping for solutions and start learning. The only thing left is to walk it.

Early Mediation: Is Your Case a Likely Candidate?

Mon, 03 Nov 2025 20:22:59 GMT

“For everything there is a season, and a time for every activity under the heaven.”

Many cases can benefit from early mediation. Parties often reject the notion of early mediation because they believe they need more information to resolve the dispute. In some cases, more information is necessary. In other cases, however, parties can assess litigation outcomes—based upon what they know, can reasonably anticipate and are willing to exchange in connection with the mediation—and meaningfully value the case without further litigation.

Benefits of Early Mediation

It can set the tone. Early mediation can help set a productive tone for the litigation. Early in my career, a senior attorney instructed me never to bring up settlement with the other side, believing it would be taken as a sign of weakness. When I later became responsible for cases, I began to raise settlement options early, expressing this premise: “We are on two parallel tracks, one to settle the case, one to try it.” And I proposed not letting one interfere with the other.

It lets you learn about the case. Whether representing plaintiffs or defendants, busy litigation counsel tend to advance their preparation of a case for the next deadline. In some firms, lead counsel may rely upon others initially to analyze and prepare a case. In these instances, early mediation can be a catalyst to prompt a more comprehensive and candid consideration of a party’s claims or defenses. Exchanged briefs may clarify or provide additional information about the other side’s position. And early mediation offers an opportunity to learn about the opposing party and their counsel.

It gives you a chance to settle the case. The benefits of an early resolution can be significant. Of course, ongoing litigation efforts cease and resources are preserved. Removing the stress (or at least the distraction) of a case allows parties to move on and turn their attention to other matters. An early mediation provides a forum for parties with intensely personal connections to a dispute to “have their day in court” sooner rather than later. For a defendant, risk becomes certain. And for a plaintiff, funds become available immediately.

It provides information. Without settlement, one primary value of early mediation is information—about both the other side’s case and yours. Early mediation is an opportunity to develop your narrative and analyze how it will play out with a competing narrative. It requires a focus on damages and clarity about the range of potential recovery or risk. It may prompt you to revisit your expectations about case outcome (and thus case value)—whether because of new information or perhaps a mediator’s reaction to your case.

When you properly prepare, early mediation should prompt parties and their counsel to consider litigation objectives—both in terms of what a litigant wants from the case and the associated costs (whether personal or financial). For a party funding their own legal expenses, a litigation budget delivered in advance of mediation will allow the party and their counsel to conduct a cost/benefit analysis of further litigation.

Finally, early mediation—when approached with transparency, with reciprocity and in good faith—can create a path forward to revisit settlement as the litigation progresses.

Downsides of Early Mediation

It can be frustrating. A mediation that does not result in settlement often results in frustration or annoyance, usually directed at the other side:

“This was just a waste of time and money.”
“They just wanted free discovery.”
“They didn’t come here in good faith.”

Some frustration when early mediation leaves the parties far apart is certainly understandable. But a disappointing outcome does not negate the value of early mediation, especially when counsel work together to ensure the process is designed to be productive.

It can be counterproductive. An early mediation can be proposed to send a message. It may be a defendant who wants to make sure the plaintiff personally understands the strength of the defense—not just plaintiff’s counsel. It may be a plaintiff who wants the defendant and their insurer to know the demand exceeds the deductible or self-insured retention. Or it may be a party that wants to show their resolve, perhaps refusing to negotiate or moving very little, and letting the other side know they intend to try the case in order to obtain a better settlement. In my experience, these tactics rarely have the intended effect; they instead just prolong the process of getting parties back to the table to focus on a reasonable settlement value.

What Kinds of Cases Might Be Suited To Early Mediation?

Those involving ongoing relationships. Early mediation can be crucial where preserving business or family relationships is a priority, despite the dispute. It can also be helpful to preserve a business operation or other asset that provides resources to parties, despite their conflict.

Those involving pre-filing mediation requirements. Some contracts, such as real property leases or purchases, often include a pre-filing mediation requirement. Failing to fulfill a mediation requirement before heading to court can strip a party of the right to recover attorneys’ fees if they prevail. In other instances, breaching this contractual obligation can result in a motion to dismiss or stay pending mediation.

Those for which early case valuation is possible. Early mediation is a good option in any case where the parties can assess litigation outcomes—based upon what they know, can reasonably anticipate and can obtain by right or in connection with the mediation. For instance,

For early mediation in an intellectual property case, the defendant typically discloses revenue and units sold for accused products, together with financial statements covering the relevant period.
For early mediation in a class or representative wage and hour case, the parties usually work from a common dataset covering the relevant period of time, including the number of current and former employees involved, the total number of workweeks (in a class action) or total number of wage statements (in a PAGA case) and where relevant company policies, samples of time records or wage statements, and time clock data.

Could early mediation be effective for your case? Consider the following questions:

What do you know about the potential recovery or risk in the case?
What more would you like to know about the case to more confidently or accurately assess its value?
Is the information available by right (e.g., Cal. Labor Code, 1198.5; Cal. Corp. Code, § 1601) or in a voluntary pre-mediation exchange between the parties?
If not, what sources of information exist besides formal discovery or expert opinions?
What range of uncertainty exists without that information?
Can you meaningfully assess the case’s value by analyzing that range of uncertainty instead of waiting for certainty?
Do you know enough about the case to explain your position, with at least some degree of detail, in an exchanged brief?

Balanced against the cost of litigation, both personal and financial, clients and their lawyers should make sure they are not overlooking an opportunity to mediate early.

This LinkedIn Feature Made Me Rethink the Content I Post

Mon, 03 Nov 2025 20:19:11 GMT

Monitoring and analyzing what people with big followings post on LinkedIn can elevate your LinkedIn game.

Receiving notifications when certain people post on LinkedIn has changed the way I create content on the platform for the better, and can likely help you do the same.(You can activate this feature by clicking the yellow bell on the upper right-hand corner of someone’s profile.) Those “certain people” I’m referring to are regular people with relatively large LinkedIn followings. They’re not celebrities, business leaders, or other A-listers. I’m talking about people with generally between 7,500 and 20,000 followers.

I want to see what they’re posting, when they post, how often they post, and how their posts do so that I can improve the quality of my posts and their reach.

Remember, LinkedIn’s algorithm doesn’t serve every one of your posts to every one of your connections or followers. So, to see every post someone publishes, you’ll need to click the yellow bell on their profile so you’ll know when they’ve posted something.

Here are the four ways that tracking these people’s posts has helped me improve my LinkedIn content game—and could help you improve yours.

The Opportunity To Reverse Engineer

By seeing what these people say each time they post, I can try to reverse-engineer their content.

For their posts that received a fair amount of engagement, I can try to uncover what they did that seemed to win people over and got them to like, comment on, or share the post.

On the other hand, for their posts that underperformed, I can try to identify what went wrong. Why didn’t these posts connect with their audience? Are there changes they could have made to a post that might have improved its performance?

Substantive Inspiration

Reviewing these individuals’ posts gives me inspiration for my posts from a substantive perspective.

If there are topics that tend to perform well in their posts that I feel comfortable discussing, I can work those topics into my posts. By getting notified whenever they post, I can see the full range of topics they cover in their posts. Do they often talk about themselves, such as discussing successes, failures, their family life, etc.? Do they frequently discuss best practices related to their work? Do they often talk about current events, pop culture, or other similarly timely topics?

Structural Inspiration

Aside from substance, reviewing these people’s posts gives me inspiration for my posts from a structural perspective.

Do they often write text-only posts?
Do they ever post videos?
Are they posting carousels?
When they post photos, do they post cringe glamour selfies? Are they posting photos of their kids?
I’d also consider the “when” and the frequency of their posts to fall into this category.
Do they tend to post at the same time every day? What time is that?
How frequently do they post? Do they post more than once a day?

Though I don’t do this personally, you could keep detailed statistics regarding the post types and times of the people whose posts you’re tracking and deduce, or use AI to help you deduce, patterns in their post type, time, and frequency.

The Knowledge That Not Every Post Is Going To Be A Winner

Perhaps most importantly, reviewing these individuals’ posts lets me see that not every post they produce is a home run. Their large following does not guarantee a ton of likes, comments, and shares on each of their posts. Yes, even people with large followings publish duds.

It’s also a good reminder that you only tend to see people’s best posts because of LinkedIn’s algorithm. The algorithm tends to serve up posts that receive a fair amount of interactions soon after they were published. Thus, we rarely see posts that fall flat.

But when you or I choose to be notified about someone’s posts, we get to see those duds. We see that everyone, including people with large followings, struggles to consistently produce top-notch and/or viral LinkedIn content.

This makes me feel better—and may also make you feel better. These people are only humans. They don’t have a cheat code for LinkedIn success. Yet, they’ve grown their social media followings, and you and I can too.

Review Posts, Improve Your LinkedIn Game

The one wrinkle here is that you’ll need to set aside time to analyze the posts you’re tracking. That’s a good reason to limit the number of people you choose to receive notifications about. This way, you can keep the number of posts you need to review to a manageable number. I’ve been reviewing posts daily, but a weekly review could also work, provided you have some time on a weekend to devote to reviewing these posts.

When you analyze these posts, actually analyze them. Take notes. Reverse engineer them. See what lessons you can learn from them. And, see if you can draw inspiration from the substance and structure of the posts. You could experiment with running the posts through AI and seeing if it can find patterns or themes.

However, you’ll need to devote time to actually reading and reflecting on these posts. If you breeze through them when working your way through notifications and don’t think more about them, you’re not going to get value from this exercise.

But if you thoughtfully analyze these posts and learn something from them, there’s a good chance those lessons will help you produce better content on LinkedIn.

At the very least, you’ll walk away feeling better that even people with large LinkedIn followings do not always hit every post out of the park.

10 Critical Things You Need to Know About Generative Engine Optimization (GEO) ... NOW!

Mon, 03 Nov 2025 20:12:29 GMT

Let’s cut to the chase: AI-powered search has fundamentally changed the game, and if you’re still optimizing like it’s 2022, you’re already behind. Unlike traditional SEO where firms have spent decades building dominance, GEO is only 18 months old. Nobody owns this space yet. Translation: You still have time to stake your claim.

Here are ten critical insights every law firm needs to understand about Generative Engine Optimization—starting yesterday.

1. Generative Engine Optimization’s Golden Rule: Answer First, Elaborate Later

ChatGPT, Perplexity, and Google’s AI Overviews consume content differently. They want the answer in the first two sentences, then the supporting detail. Think of it like Business Insider‘s approach—bullets up top, depth below. Your readers can scroll if they want more, but AI tools need that immediate answer to cite you as a source.

Action item: Audit your top 10 practice area pages. Does each one answer the core question “what do we do?” within the first two sentences? If not, restructure immediately.

2. Structured Data Is Your Generative Engine Optimization Best Friend

If you’ve been investing thoughtfully in SEO for the past 5-10 years, congratulations—you don’t need to reinvent the wheel. But you do need to get obsessive about structured data. LLMs are crawling sites and making recommendations based on how well they can parse your structured data. If yours is incomplete or messy, you’re invisible.

Action item: Review your site’s schema markup, metadata for images, heading hierarchies—this is how LLMs read and index your site. It’s not sexy work, but it’s the foundation that determines whether AI tools can even find your content, let alone recommend it.

3. Mentions Matter Now (Even Without Links)

Here’s something that would’ve sounded crazy three years ago: unlinked mentions now carry weight.

Previously, if a publication mentioned your firm without including a hyperlink or used a “nofollow” tag, SEO experts dismissed it as worthless. AI has changed that equation. When authoritative industry publications mention your firm—even without links—AI tools recognize this as a trust signal.

Action item: Review your firm’s brand presence and digital PR strategy. Generic firm names create attribution problems. If there are multiple firms with similar names, AI can get confused about which firm deserves credit.

4. Attribution Beats Anonymity Every Single Time

Please, for Pete’s sake, attribute content to individual attorneys.

I get it—some managing partners prefer the institutional voice. But when someone asks ChatGPT or Perplexity “Who is the best patent litigation attorney in New York City?”, these tools provide a list of individual attorneys first, then firms second.

The firm didn’t write the article. An attorney or attorneys at your firm wrote it, reviewed it, or at minimum put their expertise behind it. That person is your expert. Claim it. Own it. Build their authority.

What happens when attorneys leave? Have clear employment agreements stating all work product belongs to the firm. When someone departs, assign their content to another attorney who reviews and refreshes it. This is also an excellent opportunity to audit which pages still drive traffic and which can be retired.

5. Industry-Specific PR Trumps Vanity Publications for Generative Engine Visibility

Stop chasing the Wall Street Journal if you’re an intellectual property firm. Start chasing IP-focused publications that AI tools recognize as authoritative in your specific domain. Quotes in the WSJ or NYT? Still great, of course, but they’re not what will get you found in AI search.

There’s a crucial distinction here between traditional PR (building mainstream brand recognition) and digital PR (building your online reputation). Both matter, but for GEO purposes, appearing in niche, authoritative industry publications carries more weight than generic mainstream coverage.

Why? Because when AI tools evaluate expertise, they look for signals from sources they recognize as authoritative within that specific practice area. A mention in an IP industry publication signals subject matter expertise more clearly than a quote in a general business publication.

Action item: Again, this is where having a strong Digital PR Strategy comes in. Building authority online is not the same as building top-of-funnel brand awareness through national publications. If you don’t have a digital PR strategy, get one.

6. Zero-Click Searches Are the New Normal (And That’s Okay)

Yes, you probably lost 10-30% of your site traffic in the last nine months. Yes, AI-powered answers mean people don’t always click through to your site. But here’s what you’re probably not tracking: branded search is skyrocketing.

People are using ChatGPT or Perplexity to get a list of recommended firms, then typing those firm names directly into Google. This means:

More branded search traffic
Higher-intent visitors
Better conversion rates

Action item: Implement proper intake processes. Leverage a marketing platform like HubSpot to track multi-touch attribution. Ask every new client “How did you find us?” You’d be shocked how many are discovering firms through AI tools. If you’re not tracking this, you’re missing massive attribution insights that should inform your entire strategy.

7. Technology Investments Should Make Your Team More Efficient First

With the avalanche of AI marketing tools flooding your inbox, here’s my hierarchy for where to invest:

First: Technology that makes your marketing team more effective and efficient at their jobs. AI tools for content creation, research, competitive analysis, and workflow optimization.

Second: A strategic decision about whether your firm will compete for non-branded search traffic or focus on validation (ensuring you look authoritative when people research you after getting a referral).

Third: Website health and user experience. If your site hasn’t been a priority until now, it needs to become one. Period.

Bonus fourth: A robust CRM (I’m looking at you, HubSpot skeptics). Understanding how prospects interact with your content and site is no longer optional.

8. Understand the Three Ways People Actually Use AI Search

Not all AI searches are created equal. Understanding user intent helps you position content strategically:

Quick answer mode: Someone needs fast information they’d previously get from calling an attorney or colleague.
They ask ChatGPT and move on. Savvy users check the sources—which means you want to be cited. This is why answering questions in those first two sentences matters so much.
Search engine alternative: Users treating AI tools like Google, asking them to “syndicate information and come back to me.” While ChatGPT explicitly said they’re not trying to be a search engine, people use them this way regardless. These tools pull from traditional search engines, so your SEO fundamentals still matter.
Validation tool: This is the big one. Someone got a referral or saw your firm name somewhere. Now they’re asking ChatGPT or Perplexity: “Is this firm specifically known for the challenge I’m facing?” If AI can’t confirm your expertise openly, it hedges: “While they probably could handle this based on their website, this is what they’re known for.”

Action item: You need content that serves all three use cases. Create quick, citable answers for the first group. Comprehensive topic coverage for the second. And clear, demonstrable expertise markers for the third.

9. Master These Technical Fundamentals (They’re Not Optional)

While everyone’s obsessing over AI prompts and content strategy, the boring technical stuff is quietly determining who wins:

The two-click rule: Users should reach any page on your site within two clicks. If they land on your homepage and want to contact your employment law practice, that shouldn’t require navigating through three dropdown menus and a practice area index page.
Strong CTAs with proper structure: Make it stupidly easy for people to do what you want them to do. And for clickable elements, follow best practices. Phone numbers need proper “tel:” formatting. Contact forms should be accessible from every page. Don’t make people hunt.
P age speed and core web vitals: Google didn’t introduce these metrics for fun. Fast-loading sites with good user experience signal quality to both search engines and AI tools. High bounce rates from slow loading? You’re telling algorithms your content isn’t worth waiting for.
Experience wins everything: There’s a reason Google added that extra “E” to E-A-T (making it E-E-A-T: Experience, Expertise, Authoritativeness, Trustworthiness). They put “Experience” first deliberately. User experience isn’t a nice-to-have—it’s the foundation everything else builds on.

10. Structure Your Content Like You’re Building a Reference Library

Long-form content still matters, but structure matters more. Here’s your blueprint:

5-7 strategic subheadings: Each article should address one main topic with 5-7 related subtopics. These aren’t random—they’re distinct questions people actually search for. Each subheading should be a question someone asks.
Answer each subquestion immediately: Just like your main topic, every subsection should answer its question in the opening sentence or two, then elaborate. This allows AI to extract exactly what it needs and snap users to the relevant section.
Strategic internal linking: Citations and hyperlinks in your first two paragraphs carry the most weight. Link to authoritative sources (government sites, bar associations, subject matter experts—not competing firms). Create a “spiderweb” of internal links connecting related content. This strengthens your entire site’s authority.
Bullet points for key facts: AI tools love scannable content. Use bullets to highlight critical information, key points, and takeaways. This makes your content easier for both humans and LLMs to parse.
Plain language always: Write so a smart non-lawyer can understand it. AI tools need to translate your content for end users. If you’re drowning in legalese, you’re making their job harder—and they’ll cite someone else instead.
Wide breadth on each topic: Don’t just answer the narrow question. Provide comprehensive coverage that demonstrates expertise. While a user might only need one section, AI evaluates the full article to determine if you’re truly an authority worth citing

The Bottom Line

Generative Engine Optimization isn’t some distant future concern—it’s the present reality. Your 90-year-old grandmother is asking ChatGPT questions. The least tech-savvy person you know is using Google’s AI mode nine times a day.

The firms that win in this new landscape won’t necessarily be the biggest or oldest. They’ll be the ones that understood the shift early, structured their content properly, built individual attorney authority, and tracked the right metrics.

The question isn’t whether to invest in GEO. The question is whether you’ll do it now while the playing field is still relatively level, or wait until your competitors have already staked their claim.

Your move.

Want to understand how your firm currently shows up in AI-powered search results? Try searching for your practice areas on ChatGPT, Perplexity, and Google’s AI mode. The results might surprise you—or motivate you to act.

Joe Giovannoli is the Founder & CEO of 9Sail, a digital marketing firm he launched in 2015 to deliver data-driven SEO, PPC, digital PR, and content services tailored for law firms. Learn more at www.9Sail.com.

What Gen Z Lawyers Want in 2025

Mon, 03 Nov 2025 18:17:39 GMT

Gen Z lawyers—born between 1997 and 2012—are stepping into the profession with expectations that are rewriting the rules of law firm life. They want flexible schedules, meaningful mental health support, and technology that reduces busywork instead of creating it. They ask direct questions about lawyer work-life balance and often choose smaller firms with strong cultures over BigLaw positions.

With the oldest Gen Z lawyers now in their late 20s, this generation comprises nearly 30% of the global population, and their influence on the legal industry is already reshaping traditional practices. For firms, this means culture, technology, and growth opportunities will increasingly determine who wins the talent war in the years ahead. In this post, we’ll explore what matters most to Gen Z lawyers, how they’re redefining career success, and what firms can do to stay competitive.

Who Are Gen Z Lawyers?

Gen Z attorneys are typically aged 25 to 28 as they enter the legal profession, representing the oldest members of a generation born between 1997 and 2012. As digital natives who grew up with smartphones, social media, and instant access to information, they think, learn, and work differently than previous generations. They expect genuine work-life balance, mental-health support, and modern legal technology that helps them work smarter. And they won’t hesitate to leave firms that don’t offer the right culture, flexibility, or growth opportunities.

What Sets Gen Z Lawyers Apart?

Understanding what drives Gen Z as lawyers requires looking beyond surface-level preferences to their core values and expectations. Here’s what firms need to understand about this generation.

They expect technology to help them work smarter. Legal practice management systems and mobile apps that provide effortless access to case and client information from anywhere are now expectations for these digital natives. They reject endless email chains, don’t understand why paper-based documents still exist, and prefer streamlined communication, seeking legal workflow automation that eliminates manual processes.
Purpose matters more than prestige. Traditional markers like BigLaw names and corner offices carry less weight than meaningful work. Deloitte’s latest Global Gen Z and Millennial Survey found that 89% consider a sense of purpose essential to job satisfaction and well-being. Many will even accept lower pay for work that aligns with their values and offers a stronger sense of long-term career fulfillment.
Boundaries aren’t negotiable. These young lawyers set clear limits on their availability because they’ve witnessed the burnout that comes without them. They deliver high-quality work during business hours while protecting personal time so they can recharge and stay effective long-term.
They need feedback to grow. Having grown up with instant feedback in every other area of life, they expect the same at work. They want regular check-ins, clear expectations, and immediate recognition for good work. This constant feedback loop accelerates their development and helps firms spot and fix issues early on.

More than generational quirks, these are shifts in workplace expectations that affect law firms every day. Firms that embrace these expectations will attract and retain top talent, while those that ignore them risk losing the lawyers who will define the next decade of practice.

Gen Z Expectations vs. Traditional Legal Norms

The tension between old and new approaches creates daily friction for legal professionals. In many BigLaw firms, you’ll often witness a familiar scene: seasoned partners who believe associates need to “pay their dues” working alongside 26-year-olds who are adamant the system needs to change.

It’s a clash between two completely different ways of thinking about legal work. Here’s where the expectations of Gen Z lawyers collide with traditional legal norms:

Billable hours vs. quality of output. Gen Z lawyers grew up in a world where technology improves efficiency, so a compensation model that’s based purely on time spent feels backward to them. Meanwhile, many partners who built successful careers under the billable hour model consider it indispensable to law firm profitability.
Hierarchy vs. collaboration. Traditional firms operate on strict chains of command where junior associates wait years before their opinions carry weight. Gen Z lawyers, by contrast, are accustomed to flat organizational structures and open communication. When they spot inefficiencies or have innovative ideas, they expect to be heard.
Linear careers vs. flexible paths. The traditional model assumes everyone wants to make partner. But Gen Z lawyers often have more fluid career goals. Remarkably, only 6% say their primary career goal is reaching senior leadership. Some plan to go in-house after gaining experience. Others want to start their own practices or take sabbaticals for personal projects.
Face time vs. results. Partners who came up in an era where being seen in the office equaled dedication now manage associates who can work effectively from anywhere. Gen Z lawyers judge performance based on output and results, not hours logged at a desk.

These differences create natural tension, but they also raise important questions about how the legal profession operates. Firms that thoughtfully examine whether current practices serve everyone well—while preserving what works about traditional practice—will gain an edge in attracting and retaining exceptional talent.

Law Firm Challenges In Attracting and Retaining Gen Z

Firms face significant challenges in retaining emerging Gen Zs, and these problems stem from fundamental misunderstandings about what young lawyers actually need. With up to 50% of Gen Z workers reportedly disengaged from their jobs, law firms can’t afford to ignore these barriers.

Treating Basics Like Perks

One of the most significant disconnects occurs when firms continue to treat flexibility and work-life balance as optional perks instead of basic requirements. Gen Z lawyers expect the ability to work from home a few days a week, set their own schedules when possible, and manage personal commitments independently.

When firms present these as “extra” benefits, it sends the message that they don’t truly understand how legal work can be done effectively today. Korn Ferry research even shows that 40% of Gen Z associates begin job searching within two years, often citing culture and flexibility concerns.

Mentorship That Doesn’t Actually Mentor

Gen Z wants real guidance and structured professional development, not just someone who assigns work and disappears. They expect mentors who understand what new lawyers need to succeed and help them get there. The traditional “figure it out yourself” approach leaves them feeling abandoned and undervalued.

The numbers reveal this gap clearly. According to Deloitte, 50% of Gen Zs want managers who teach and mentor them, but only 36% say this actually happens. That disconnect between expectation and reality drives many talented young lawyers to look for opportunities elsewhere.

Technology That Works Against Them

Outdated systems frustrate young lawyers daily in ways that directly impact their ability to do good work. When they have to use three different platforms to complete one task, or when basic processes take hours instead of minutes, they start questioning whether the firm is serious about efficiency. Over time, these tech frustrations can chip away at engagement, productivity, and even loyalty.

Career Paths That Assume Everyone Wants The Same Thing

The traditional 8-10-year partnership track can feel constraining for lawyers who might want to pivot, take a sabbatical, or explore completely different goals. Gen Z expects firms to offer flexibility and support for diverse career paths, rather than funneling everyone into a one-size-fits-all trajectory.

Recommendations: How Law Firms Can Adapt

Smart firms are already making changes that reflect the preferences of Gen Z lawyers. By adopting the following six strategies, your firm can create a workplace that attracts, retains, and empowers talent at every level.

Make flexibility the default. Gen Z lawyers value the ability to work where and when they can be most productive. Instead of treating remote work or flexible schedules as special privileges, make them standard practice. Focus on results and outcomes rather than hours logged or physical presence. Cloud-based practice management platforms make this possible, letting teams collaborate seamlessly whether they’re in the office, at home, or in court.
Build mentorship programs that develop talent. Gen Z wants legal mentors who actively guide them, teach practical skills, and sponsor their growth. Provide mentors with dedicated time and opportunities for meaningful interaction. Beyond mentorship, Gen Z lawyers benefit from structured learning opportunities and ongoing legal education that keeps pace with their career growth.
Modernize your tech stack. Outdated systems slow down work and create frustration. Invest in integrated technology that simplifies workflows instead of complicating them. The top legal software consolidates case management, time tracking, billing, and client communication into one centralized place. The result? Less time wrestling with systems and more time practicing law effectively—a win for associates and partners alike.
Transform DEI from policy to practice. Gen Z can spot performative diversity a mile away. Inclusive policies alone aren’t enough. They need to be reflected in who’s hired, promoted, and placed in leadership. Show authentic commitment through measurable actions, like diverse leadership pipelines, fair promotion practices, and active accountability. When lawyers see real representation and inclusion in action, it builds trust, engagement, and a stronger sense of belonging.
Measure what matters. Billable hours alone don’t capture what makes a lawyer successful. Reward lawyers who improve processes, take smarter approaches, or deliver exceptional results, not just those who work the longest hours. Modern legal technology makes this easy by supporting a wide range of alternative billing arrangements, like flat fees or subscription-based billing options.
Give them meaningful work from day one. Young lawyers don’t want to spend years on endless document review or routine research. Instead, offer substantive projects, real client interaction, and genuine responsibility early on. With legal AI increasingly automating routine tasks traditionally assigned to junior staff, firms can now offer more substantive work to new associates from the beginning.

Research and Surveys of Gen Z Voices

Sometimes, the best way to understand a generation is to hear from them directly. Recent research and surveys reveal telling insights about what Gen Z lawyers want and what’s driving them away from traditional firms.

52% of Gen Z associates are willing to trade part of their salary for reduced billable hours, with women showing stronger preferences for this trade-off.
39% of Gen Z associates disagree or strongly disagree that associates at their firm were racially diverse.
More than one in four junior associates disagreed or strongly disagreed that their firms prioritize pro bono work (27%) or value social justice and responsibility (27%).
68% of young lawyers experience stress and anxiety due to student loan debt, with 67% feeling financial stress overall.
74% of Gen Z believe generative AI will impact the way they work within the next year.
6% of Gen Zs say their primary career goal is to reach a senior leadership position.
Of the 70% of Gen Z who said they would pursue employment at a law firm, just 39% said they would like to work for an Am Law 200 firm.
As much as 50% of Gen Z workers are reportedly disengaged from their jobs.

The Final Word On Gen Z Lawyers

Gen Z lawyers are embracing legal tech to work smarter, championing flexible and forward-thinking business models, and reimagining the way they connect with colleagues and clients. As they move into leadership roles over the coming decade, their values will reshape everything from firm culture to client service delivery models.

The firms that thrive will be those that embrace integrated practice management technology and provide the modern legal tools that help lawyers work more effectively. More importantly, they’ll recognize that Gen Z’s approach isn’t simply different. It can also be better, creating more sustainable, efficient, and fulfilling legal careers for everyone.

Orange County, October 2025

Wed, 01 Oct 2025 00:49:01 GMT

San Diego, October 2025

Wed, 01 Oct 2025 00:47:41 GMT

Prager Jones Redefines Family Law Marketing Through Social Media

Wed, 01 Oct 2025 00:43:59 GMT

Contact

Prager Jones, APC

7777 Alvarado Road, Suite 601

La Mesa, CA 91942

619-439-7671

www.pragerjones.com

With a Silicon Valley-style culture and a video strategy that attracts hundreds of thousands of viewers each month, the firm is reshaping how attorneys engage with the public.

Since the last time we caught up with Prager Jones, the La Mesa law firm has become an industry leader in social media marketing, say founders Steven J. Prager and Morgan Nusbaum Jones. In addition to being a leading divorce and family law firm, Prager Jones is innovating the way social media is used for legal marketing. The audience size for their videos averages 150,000-200,000 viewers per month on TikTok, YouTube and other outlets. The total number of views their videos have received is in the millions.

“Our videos engage people with relatable content that connects with their concerns and interests. If you have the ability as a firm to make content that people can connect with, then it’s going to be an easy choice for the potential client who says, ‘I feel more comfortable with a particular firm because I already feel like I know them through their videos. I already like what they have to say, their energy, their personalities, and I like how they communicate.’ Our future clients feel like they already know us before we ever say hello, shake hands, and begin helping them solve their legal problems,” Prager says.

Jones, who is Managing Partner, enthusiastically agrees. “The incredible number of responses to our videos can be overwhelming, but it seems that our videos have influential qualities and help clients connect with the human beings behind the attorney’s pictures or website. Clients can get to know us before they talk to us and gain insight into how we approach different issues. I’ve had so many consultations where a potential client mentions that they have been watching our content. The videos resonate with people.”

“One of the most common phrases I hear these days from potential clients is, ‘I want to talk to the lawyer from the videos,’” says Prager Jones’ case manager, Maria De La Vega.

Jones earned her B.M. in Music Business/Management from Berklee College of Music in Boston. The experience proved to be an asset to the design and production of the videos. She earned her J.D. from Loyola Law School, Los Angeles, in 2015. She is admitted to practice in the State of California and the U.S. District Court for the Central District of California. Jones is a member of the California Lawyers Association, Family Law Section, and the San Diego County Bar Association, Family Law Section. She was named a Super Lawyers Rising Star in 2023, 2024, and 2025.

Co-Founders Steven J. Prager and Morgan Jones have reshaped family law marketing with a video strategy that attracts hundreds of thousands of viewers each month.

"Working with Prager Jones was truly a refreshing experience. In a world where too many law firms feel corporate, distant, or overly transactional, they stand out as something entirely different—and better. This firm truly goes above and beyond. I could tell immediately that they aren’t just practicing law; they’re building relationships."

—Elizabeth F.

Prager has handled thousands of cases over the past 15 years with a focus on legal strategy and litigating trials. He and Jones founded Prager Jones, APC, in 2018, where practice areas include divorce, custody, parentage/paternity, domestic violence, prenuptial agreements, and mediation. The strategy of using social media has worked well to grow their business. In 2025, Prager Jones moved from their former five-office suite to a 15-office suite. Prager says, “We are the firm that every millennial attorney dreams of working for. We wear comfortable clothes to the office every day. We don’t have set hours or huge billable hour quotas. We break most corporate cultural norms. We’re more like a Silicon Valley tech start up than a law firm when it comes to culture. When it comes to our clients’ legal matters, we take that very seriously.”

One of the reasons for the firm’s leadership position in the use of social media is Prager’s education and background in the entertainment industry. He attended film school at California State University at Northridge with the goal of building a successful career in the entertainment industry. His original game plan was to become a success in the entertainment industry through entertainment law. “I became aware early on in my career that the entertainment attorneys had a massive influence over the production of media content. That’s where I wanted to be, the upper echelon of the production ranks,” he says. The plan was to graduate from law school in San Diego and return to Los Angeles to continue working in entertainment.

Prager’s junior and senior year film projects, which he both acted and directed in, took top honors at his alma mater’s annual film festival. The success of his student films caught the attention of television producer and current host of Wheel of Fortune Ryan Seacrest. Seacrest hired Prager in his senior year of college, which added to his exposure to the industry from an insider’s perspective. The insight gained by working on major studio productions provided a significant edge in later years creating media and content for his law firm.

Attending law school awakened a new interest. He served as a law clerk with the San Diego Alternate Public Defender and spent considerable time in a courtroom and working on trials. During his time at the Public Defender Prager became fascinated by trial work and discovered he loved the fast pace, challenge and mechanics of being a trial lawyer. His newfound fascination with trial work sent his career on a different path. The daunting reality of pushing paper all day as an entertainment attorney, dealing with contracts, agreements, and corporate meetings suddenly seemed boring. “I wouldn’t be happy sitting behind a desk all day doing paperwork,” Prager says.

Prager’s background in film and entertainment gave him a unique edge in creating engaging media for the firm that now drives their social media success.

Prager and Jones report that the reason for the positive response to the firm’s social media efforts is due to their focus on presenting material that inspires curiosity and emotionally connects with their audience. Jones says that of all their video content, the ones relating to custody get the most traction. “That makes sense because it is such an emotionally charged part of family law. It is very fact specific, and a good strategy for custody cannot easily be found by doing a quick google search. One strategy won’t work for every case. Through our videos we give people insight into the nuances involved in developing a case strategy. Custody is also so close to the heart for most clients. Since the last article I’ve had two children which makes me understand the emotions even more of our clients facing contested custody cases.”

Prager and Jones contend that too much of the social media efforts in the current market are dictated by what the attorneys want to present opposed to what the clients actually have the capacity and bandwidth to receive. Prager says, “Generally people make the decision to hire an attorney from an emotional place, and so your firm’s content must connect with people on an emotional and spiritual level. Contrary to intuition, most attorneys suffer the pitfall of believing that scholarly and technical information is what will win them an audience and more clients. To me all that says is that most attorneys don’t understand the perspective of the people they seek to represent.”

Co-Founders Morgan Jones and Steven Prager combine professional production with a personal touch, creating relatable content that connects with clients on a human level.

Although the firm supervises the production of their social media materials, they hire top professionals in the production industry to assist with the writing, recording, editing, and the presentation of those materials. “We are ordinary people who present ourselves as caring and passionate advocates. What sets us apart is that we speak to our audience in a language that they understand. We have worked hard to unlearn the ‘law school’ language that works great for speaking with other legal professionals but fails miserably for relating to ordinary people,” Jones says.

Too many attorneys, law firms, and businesses in general, do not take a disciplined approach to their social media efforts. Building a following, going viral, and earning millions of views requires taking the writing, preparation, and the overall production with the utmost seriousness. “You can’t ‘knock out’ a couple of videos on your day off and think you’ll be successful at finding your audience, it’s so much more involved than that,” Prager says.

Jones says, “One of the aspects of our approach is understanding that many factors outside the courtroom can have a significant impact on our clients’ legal matters. We employ a unique approach to family law, which dramatically enhances our clients’ opportunities for success not only in the process, but also in getting on with their lives. That’s why many of our videos are not specific to legal problems. We make relatable videos that address more general topics of love and relationships, parenting, and a wide range of other family matters.

The partners believe that too many videos are often structured as overly academic lectures on obscure areas of the law. While content aimed at lay viewers must be easier to understand, the attention span of an average viewer is extremely short and the window of opportunity to get a message through is very narrow. For example, people viewing reels on TikTok may be simultaneously preoccupied in some other activity such as household chores, waiting for an Uber, eating lunch, or watching videos in bed before they nod off. “It’s essential that you learn how to get the point across in that environment. Otherwise, you’ve lost them and they move on to the next video or Instagram post,” Prager says.

Prager and Jones often compare the selection of a law firm to buying a car. The car buyer is faced with several similarly priced options that will all provide reliable transportation. Often, the buying choice comes down to an emotional decision when there is no clear and better option. Buying decisions are highly emotional, so it is important for a law firm’s social media to connect emotionally and build a relationship with their audience if they want to keep a competitive edge.

Prager Jones, Co-Founders: Morgan Jones & Steven Prager.

Prager Jones Redefines Family Law Marketing Through Social Media

Wed, 01 Oct 2025 00:40:20 GMT

Contact

Prager Jones, APC

7777 Alvarado Road, Suite 601

La Mesa, CA 91942

619-439-7671

www.pragerjones.com

With a Silicon Valley-style culture and a video strategy that attracts hundreds of thousands of viewers each month, the firm is reshaping how attorneys engage with the public.

“One of the most common phrases I hear these days from potential clients is, ‘I want to talk to the lawyer from the videos,’” says Prager Jones’ case manager, Maria De La Vega.

Co-Founders Steven J. Prager and Morgan Jones have reshaped family law marketing with a video strategy that attracts hundreds of thousands of viewers each month.

"Working with Prager Jones was truly a refreshing experience. In a world where too many law firms feel corporate, distant, or overly transactional, they stand out as something entirely different—and better. This firm truly goes above and beyond. I could tell immediately that they aren’t just practicing law; they’re building relationships."

—Elizabeth F.

Prager’s background in film and entertainment gave him a unique edge in creating engaging media for the firm that now drives their social media success.

Co-Founders Morgan Jones and Steven Prager combine professional production with a personal touch, creating relatable content that connects with clients on a human level.

Prager Jones, Co-Founders: Morgan Jones & Steven Prager.

Talent—The Final Strategic Frontier?

Tue, 30 Sep 2025 23:46:12 GMT

In a post two years ago this month Here We Go All Over Again… or Not, I posed a series of questions about what might happen to the legal world in this era of Generative AI. While the takeover of the industry by computers that some feared did not move at warp speed, the direction of AI advance as it relates to the law is clear—it will increasingly play a role in the business and practice of law and, likely within a relatively short time, change dramatically the day-to-day activities of lawyers. With those changes will come fundamental shifts in what it will means be—and to become—a successful lawyer. Another corollary of this change will likely be a change in the primary criterion for a successful firm—aggregation and maintenance of the right talent base for the future. Put differently, the successful (and potentially the only surviving) law firms will be those who can play and win the talent game.

Talent, not AI or other factors, will be the primary differentiator for firms of the future. Sophisticated AI as part of the practice of law will be available to all and will become a component of “table stakes” within a few years. As a necessity, AI adoption becomes primarily a capital question, as well as a question of firm structure and funding, including acceleration of the industry entrée of external (PE, VC, etc.) capital. But the fundamental question remains—what will differentiate firms when core tools of the legal practice are available to everyone? Talent will be the answer, making the focus on all aspects of talent management critical to future success.

Over the past few years, when we’ve asked Managing Partners about their most important challenges, the common topics have included “the associates” and a general concern around the eroding productivity of their lawyer teams generally. The productivity issues stem from many causes, and we’ve written about them in various other recent blogs, but even successfully addressing those concerns does not ultimately guarantee your firm the talent it needs to succeed in the future. While overcoming the cultural and other factors underlying these challenges will be a necessary factor in success, it won’t be a sufficient one. What else will firms need to do on the talent front?

First and foremost, firms individually, and perhaps the industry broadly, will need to deeply rethink both what it will mean to be a future successful partner, and perhaps more importantly, how to develop one. The most successful partners today are those to whom the clients will turn in their most challenging times. The trusted advisors, and the true strategic partners when it comes to dealing with important challenges—whether in the courtroom or the deal room—will be crucial. But as AI increasingly supplants much of the work currently done by younger lawyers, and moves into assisting in strategic decision making and other components of the practice, how will firms create the next generation of truly valuable partners? Yes, we will likely need fewer younger lawyers to do relatively routine work (and fewer older lawyers who do routine work too), but we will still need a large—and likely larger than today—number of highly skilled and trusted lawyers upon whom the clients confer their trust. A different development model will be needed to assure this supply, which may require two additional changes: a rethinking of the typical legal pricing model, and a new level of cooperation with the clients. That development model itself will have a different structure. Just as today the share of total partners who are truly the trusted and strategic partners of the client are a small-ish subset of the total partners in most firms, likewise the share of total new hires the firm can invest enough in to eventually get them to that level will be smaller than the total group of new lawyer hires every year. But proper selection, and long-term retention of those new hires will be crucial.

Second, the overall leverage structure of many firms will need to change. In the short run, and reflecting the point in the paragraph above, firms might consider building two entirely different groups of associates—one group ready and able to become the next true group of strategic owners, willing to put in the hours it takes to build a truly successful career and another group who may not have the talent or desire to be those future leaders but who can contribute to the firm’s current success while handling the remaining routine work and much of the more basic work that is still needed in the firm. In a sense, the latter group becomes a type of “super paralegal” or new paraprofessional group with its own career path, while the first becomes a smaller, but more intense associate class. The second group might resemble an enhanced “staff attorney” program but provide a separate lifetime job category with its own benefits and rewards. The first group will need a different compensation model from today to protect the firm from undesired losses and will become an area for intense investment by the firms.

As a corollary to the restructuring of associate life, firms will need to think carefully about what they are looking for in the new lawyers in whom they plan to make significant investments. Most firms have come to the realization that brainpower alone—whether reflected in LSAT scores, law school rankings or your place within your graduating class—is insufficient to assure career success. It takes more than drive, empathy, social skills, and other key traits to rise to the top and gain the trust of clients. These associates will also need a strong business sense, and perhaps psychological traits more readily found in the business world than the legal world. Most firms have yet to discover how to systematically identify and attract such candidates, and when they do get them fortuitously, are often hard pressed to keep them.

Third, firms will need to find ways to better capture the value of the senior talent where a significant portion of current law firm knowledge resides, while also doing a far better job of managing transition as lawyers approach retirement. Much of this challenge relates to compensation models and legacy overhead structures. It just doesn’t work in today’s law firm economic structures to have many senior people (intentionally) working part time, even though their potential contribution is significant. More than a few firms face capacity shortages for highly skilled work, while simultaneously struggling to train and develop the next generations. While many senior lawyers struggle, understandably, with the transition to retirement, better transition management programs, different overhead structures, and more flexible compensation design might help firms and lawyers manage much more fruitful and productive transitions.

Finally, in addition to better managing the early and later parts of a lawyer’s career, firms will need to focus more intently on its middle. Retaining the key, well trained mid-career star lawyers who manage the bulk of the firm’s work (and do most of the hands-on training of younger talent) is critical to assuring the quality and success of the firm one and two decades from now. While individual firms obviously have radically different experiences, the median partner retention rate in the AM Law 100 firms was roughly 90% for the period 2020-2023[1]. Even at this reasonably strong retention rate, a firm loses roughly half its partners every six years, and many firms have far worse retention rates. Given this challenge, most lateral hiring strategies do little to build a law firm—most are working as hard as they can to stay in the same place, with new hires replacing departures and retirements. To build a stronger, deeper firm, you must both hire and retain people for the long term.

Each firm’s talent base is unique, but not all are created equal. To the extent a firm’s talent is primarily just capable of efficient processing of relatively routine legal work it may find itself a few years from now the victim of a rapidly accelerating AI driven revolution in the industry. Such firms will likely be either much less profitable or potentially cease to exist. But to the extent the firm has a talent base capable of gaining and keeping client’s trust for their business or for key aspects of important work, those firms will remain relevant to the clients, and profitable to their owners. Talent is the one component of the successful firm that can’t be easily duplicated simply by spending money. You must build the right culture, select the right people, build the right structures around them, pay them appropriately, create opportunities for growth, and build reasons for them to stay with the firm long term. It’s not easy, and the outcomes will fall along a spectrum of success. But the firms who figure out how to win the talent game will ultimately be the winners of the future.

Which brings us full circle. The next time your firm sets out to do its “strategic plan”, think carefully about what you are really doing. A strategy that doesn’t include a serious, long term talent focus—not just a “plan” to “grow out office in X city through lateral hiring”—is not a strategy that can meet the future our industry faces. Talent is the final strategic frontier, and those that wade boldly into its challenges will have the best shots at being winners of the future.

[1] “Which AM Law 100 firms have been retaining their lateral Partner hires?”, Pirical, February 12, 2024, pirical.com/data-insights/amlaw100-partner-retention

AI Search Visibility: The Tools Law Firms Need for 2025 and Beyond

Tue, 30 Sep 2025 23:42:28 GMT

ChatGPT, Perplexity, Google’s AI Overviews, and dozens of emerging AI search options are quietly reshaping how people discover attorneys.

The question isn’t whether AI search will matter for your firm; it’s whether you’ll understand how these systems see your firm when they decide which lawyers to recommend to someone facing, for example, a divorce, planning their estate, or navigating a business dispute.

Unlike traditional search engines that index web pages, AI search tools synthesize information from multiple sources, weigh authority signals differently, and can even hallucinate details about your firm. They’re creating a parallel universe of legal discovery.

The firms that optimize for AI search visibility today will not only endure the transition, they’ll capture clients who never make it to page two of Google because they found their answer and their lawyer in a single AI-generated response.

Let’s dive into some of the tools that can help your firm understand its AI search visibility.

AI Search Visibility Limitations of Google’s Free Tools

Currently, there are not many ways to understand your AI search traffic within Google’s free tools. I am hopeful that in the near future, there will be more data available, but for now, here is what each tool can tell you.

GA4

Google Analytics (GA4) allows you to see the traffic coming to your website from AI search engines, such as ChatGPT and Perplexity. You will need to play around with the filters within the Acquisition Reports, but we have found this to be the best free option for getting an initial understanding of the traffic your law firm’s website is generating from AI sources. Unfortunately, though, this will only tell you when someone clicked through to your site from an AI search; it will not be able to give you any data on how many times your firm was cited or mentioned.

Search Console

There is no way to track AI visibility directly within Search Console at this point in time. Right now, you can assume you are showing up within Google’s AI Overviews if you are seeing a spike in impressions; however, there is no way as of yet to filter out AI Overview traffic versus regular organic search traffic.

Four AI Search Visibility Tracking Tools to Consider

There is an abundance of new tools popping up in order to provide legal marketers with clarity on their AI Search Visibility. Let’s dive into some of the main ones that your firm should consider.

Semrush AI Toolkit

The Semrush AI Toolkit provides comprehensive AI search visibility analytics through its dedicated suite of artificial intelligence monitoring tools. The platform tracks how law firms appear across major AI-powered search engines, including ChatGPT, Claude, Perplexity, and Google’s AI Overviews, offering insights into citation frequency, source attribution, and competitive positioning within AI-generated responses.

Pricing begins at $129.95 monthly for the Pro plan, with advanced AI features available in higher-tier subscriptions ranging up to $499.95 monthly for enterprise-level access.

Conductor AI Tracking

Conductor AI Tracking offers enterprise-grade AI search visibility monitoring as part of its comprehensive website optimization platform. The tool monitors visibility across search engines and LLMs like ChatGPT and Perplexity, measuring how content appears in AI answer engines to track visibility and identify opportunities. Legal firms can leverage Conductor’s AI tracking capabilities to understand their brand mentions within AI-generated responses, monitor competitive positioning across multiple AI platforms, and integrate AI search data with traditional SEO metrics through a unified dashboard. The platform combines content optimization, technical SEO auditing, and real-time website monitoring alongside its AI visibility features.

Conductor operates on custom enterprise pricing tailored to specific organizational needs.

Profound

Profound is an AI visibility tracking platform specifically designed for those seeking comprehensive oversight of their presence across AI-powered search engines. The platform tracks how large language models (LLMs) like ChatGPT, Gemini, and Microsoft Copilot mention and rank content, while offering multi-region prompting and 20+ languages functionality, enabling firms to see visibility changes based on geographic location and language of queries. Profound recently unveiled real-time search volume insights for AI Answer Engines, allowing legal marketers to explore topic frequency across platforms. The platform processes 5M+ citations daily, tracks 4M+ crawler visits, and handles 1M+ prompts to deliver comprehensive intelligence for enterprise clients.

Profound operates exclusively on customized enterprise pricing.

Ahrefs Brand Radar

Ahrefs Brand Radar provides AI search visibility tracking through the established Ahrefs platform, offering access to 5 AI indexes, 100M+ prompts, and zero setup required. The tool monitors brand mentions across major AI platforms, including ChatGPT, Perplexity, and Google AI Overviews. Users can track how often their firm is mentioned, which domains get cited, and the context surrounding these mentions, while accessing competitive share analysis to understand market positioning within AI-generated responses.

Brand Radar is available for Lite plan subscribers and higher, with base access starting at $129/month through Ahrefs’ Lite plan. However, AI Overviews, ChatGPT, and Perplexity indexes are now available as add-ons at $99/month each following the beta period.

Choosing the Right Tool for Your Firm

Selecting the right AI visibility tool requires careful assessment of your firm’s specific needs, resources, and strategic objectives. Before choosing an AI visibility tool, you will want to assess whether your marketing team can effectively interpret and act upon the data each tool provides because sophisticated analytics become worthless without the ability to implement strategic changes. Next, evaluate the integration capabilities with existing marketing technology stacks, data export options for reporting, and the learning curve required for your team. Lastly and most importantly, align tool selection with measurable business objectives. Understand what you want to get out of the tool and be mindful of what your budget may be. For example, enterprise solutions like Conductor and Profound offer comprehensive capabilities but require a higher financial commitment, while tools like the Semrush AI Toolkit provide accessible entry points for firms already invested in traditional SEO platforms.

The right tool is different for each firm, so take the time to identify which would be the best fit for you and your team.

Looking Ahead to the Future

The search landscape is already shifting dramatically. The share of Americans who have used ChatGPT had roughly doubled since summer 2023, and as of June 2025, 34% of U.S. adults say they have ever used ChatGPT, according to a Pew Research Center survey, indicating a growing use of ChatGPT and other AI agents as traditional search alternatives.

Law firms face a fundamental reckoning: their visibility will increasingly depend not just on traditional SEO signals, but also on how effectively AI systems understand, cite, and recommend their expertise. The firms that invest in AI visibility tools today and develop the organizational capability to act on their insights will capture the growing segment of potential clients who never reach a traditional search results page, having found their legal counsel through AI-generated recommendations instead.

Don’t Let Your Digital Visibility Tank in the Era of AI Search

Law firms that continue to rely exclusively on conventional SEO and website optimization risk becoming invisible to the growing segment of potential clients who trust AI platforms for legal guidance and attorney recommendations. The window for proactive adaptation is narrowing—while your competitors debate the significance of AI search, early adopters are already positioning themselves as the preferred recommendations across ChatGPT, Perplexity, and emerging AI platforms.

In an industry where referrals and reputation drive success, allowing AI systems to overlook or misrepresent your firm’s expertise represents an existential threat to future growth. The firms that master AI search visibility today won’t just survive the digital evolution—they’ll define it, capturing clients and market share from competitors who waited too long to adapt to the new rules of legal discovery.

Bridging the Divide: Lessons in Lawyering Across Generations

Tue, 30 Sep 2025 23:38:38 GMT

Walk into any large law firm today, and you’re likely to find attorneys from four different generations working alongside each other: Baby Boomers, Gen Xers, Millennials, and, increasingly, Gen Z. Each group brings its own set of values, priorities, and approaches to the profession, and though these generational differences can sometimes create friction, they also offer an opportunity for growth, collaboration, and reinvention.

As an associate, I’ve often felt the subtle tension between tradition and transformation. There’s the senior partner who expects in-office face time and thrives on the structure of long-established routines (most beginning before 7 a.m. and wrapping up at midnight). Then there’s the associate one office over who takes Zoom depositions from her home office, blocks off time on her calendar for therapy, and speaks openly about setting boundaries. These aren’t just different work styles; they’re different worldviews shaped by the eras in which we all came of age. Both can be, and are, versions of success in the modern workplace, and recognizing that success is no longer defined by a singular path is crucial to fostering intergenerational connection in the workplace.

To better understand these contrasts, I recently had a conversation with Mark Frilot, a shareholder in the New Orleans office. A veteran construction litigator who joined the Firm in 2001, Mark has witnessed the evolution of Big Law throughout the Southeast, and in New Orleans specifically, over the last two decades. Throughout our discussion, Mark offered a perspective that was as thoughtful as it was candid.

“When I was an associate,” he told me, “Most folks didn’t talk about work/life balance. You worked until the job was done, with few questions and no complaints. That was the culture for most law firms because that was what success looked like.” Today, he admits, success looks different. Many younger attorneys, especially Millennials and Gen Z, value flexibility, purpose-driven work, and personal well-being just as much as professional advancement. They’re more likely to ask, “What kind of life do I want to have?” rather than simply, “How fast can I make partner?”

Mark doesn’t see this shift as a threat. In fact, he has been one of the most willing to adapt to a more modern approach to legal practice (Mark loves Microsoft Copilot), but he admits it took some adjustment for many others. He noted that many attorneys in his same generation used to think younger associates were disengaged if they didn’t respond to emails at midnight. What must be acknowledged, however, is that commitment requires a certain level of mindfulness. Mark highlighted throughout our conversation that younger attorneys aspire to be excellent lawyers and whole individuals. We both agreed that this is a generational evolution, and it’s a healthy one. As clients embrace this mindset in their own offices, many firms are beginning to change their views on what it means to bring your full self into the workplace, and most clients even expect our teams to be fulfilled in their personal lives in order to accomplish excellence in client service.

Still, differences persist—not just in values, but in how we work. More seasoned attorneys often value the organic mentorship that happens in an office setting: such as quick hallway questions and impromptu brainstorms in a colleague’s doorway. For younger attorneys, especially those who entered the profession during or after the pandemic, hybrid and remote work aren’t accommodations—they’re the baseline. This has led to a common debate: Does remote work hinder mentorship and firm culture, or does it empower attorneys to thrive on their own terms? The answer, it turns out, is both.

“There is something lost when we’re not physically together,” Mark explains. Law is ultimately a human profession. Relationships matter. But, as a profession, we must also recognize that productivity and physical presence aren’t always the same thing. We’re all learning how to trust each other in new ways, and trust may be the key to navigating these generational divides. Too often, we default to stereotypes (Boomers are rigid, Millennials are entitled, Gen Z is fragile), but those labels ignore a required nuance. Many senior attorneys are actually eager to mentor and adapt, while many younger attorneys are more ambitious and driven than their senior counterparts may admit. When attorneys take the time to understand one another across generations, they often discover more common ground than conflict.

At its best, a multi-generational workplace blends wisdom with innovation. Senior lawyers bring institutional knowledge, judgment honed by decades of experience, and a long view of the law’s evolution. Younger attorneys bring technological fluency, fresh perspectives on justice, and a deeper understanding of the world outside the boardroom.

At Baker Donelson, the most successful teams are the ones that learn from each other. When we resist the urge to cling to “the way it’s always been” or dismiss the new as naïve, we create a culture that is not only more inclusive, but more resilient. We’re not just building careers; we’re building a profession that reflects the complexity of the world and the clients we serve. That means bridging generations, embracing differences, and recognizing that growth doesn’t always come from looking down the ladder, but sometimes from looking across it.

The Tech Bros Are Wrong About Law’s Future, and That’s Good News for Real Lawyers

Tue, 30 Sep 2025 23:34:28 GMT

Silicon Valley thinks it knows how to fix law. Tech founders pitch me their vision weekly: AI-powered law firms where bots negotiate with bots, where marketing algorithms feed cases directly into language models, where human interaction becomes an inefficient relic of the past. These conversations fascinate me, not because they’re right, but because they reveal the tech world’s profound misunderstanding of what lawyers actually do.

This disconnect is striking. These smart, successful people, many of whom have built billion-dollar companies, have never represented a client. Most have never worked in law at all. Yet they speak with absolute certainty about our profession’s inevitable transformation into a purely automated service. They see law as a data processing problem waiting to be solved. They’re wrong.

The Problem with Silicon Valley’s Legal Vision

The fundamental error in tech’s approach to law stems from a category mistake. They see legal work as information processing: documents in, documents out. Find the precedent, apply the rule, generate the contract. If that were all law involved, then yes, machines would already have replaced us.

But walk into any courtroom, mediation, or negotiation room. What you’ll find isn’t a sterile exchange of data points. You’ll find humans. Messy, irrational, emotional humans trying to resolve conflicts that matter deeply to them. The client whose business partnership is dissolving isn’t just losing money; they’re losing a relationship they spent years building. The judge isn’t just applying rules; they’re weighing credibility, reading body language, and making judgment calls about human behavior. The opposing counsel isn’t just arguing law; they’re managing their client’s expectations, emotions, and sometimes unreasonable demands.

This human complexity isn’t a bug in the legal system. It’s the central feature. Laws exist to govern human behavior, resolve human conflicts, and protect human interests. The notion that you can remove humans from this equation fundamentally misunderstands what law is.

Tech’s vision assumes that legal outcomes follow pure logic. Anyone who has practiced law knows better. I’ve watched judges rule against clearly winning arguments because something about the lawyer’s presentation rubbed them the wrong way. I’ve seen clients reject favorable settlements because they needed to feel heard more than they needed to win. I’ve witnessed mediations succeed not because of brilliant legal arguments but because someone finally acknowledged the emotional hurt underlying the dispute.

The most logical outcome rarely prevails in law. This frustrates engineers and entrepreneurs who built their careers on solving problems through logic and efficiency. But law isn’t engineering. It’s a profession built on navigating human complexity, not eliminating it.

Technology’s Real Role in Law’s Future

None of this means technology won’t transform legal practice. It already is. But the transformation looks nothing like the bot-to-bot negotiations Silicon Valley envisions.

Large language models are revolutionizing how lawyers handle information. Document review that once took weeks now takes hours. Contract analysis that required teams of associates can be performed by a single lawyer with the right tools. Legal research that consumed entire afternoons happens in minutes. This isn’t hypothetical. It’s happening now in law firms across the country.

This efficiency gain creates an interesting paradox. As production work becomes commoditized, the human elements of legal practice become more valuable, not less. When any lawyer can generate a competent brief using AI, what differentiates great lawyers from mediocre ones? Not their ability to cite cases or draft boilerplate language. Instead, it’s their ability to understand what their client actually needs, to read the room during negotiations, to build trust with opposing counsel, and to persuade judges and juries.

The firms that will thrive aren’t those that eliminate human interaction but those that double down on it. When technology handles the routine work, lawyers gain something precious: time. Time to actually listen to clients instead of rushing through intake calls. Time to understand the business context behind the legal issue. Time to build relationships that lead to better outcomes.

I predict we’ll see successful lawyers spending less time in their offices and more time in their clients’ conference rooms. Or even their kitchens. They’ll use the hours saved by AI not to take on more cases but to go deeper on the ones they have. They’ll invest in understanding their clients’ industries, cultures, and goals in ways that previous generations of lawyers never could afford to do.

This shift rewards lawyers who excel at human connection. The rainmakers of tomorrow won’t be those who master ChatGPT prompts but those who master the art of building trust, reading people, and navigating complex human dynamics. Technical competence becomes table stakes; emotional intelligence becomes the differentiator.

The Uncomfortable Truth About Legal Innovation

Here’s what makes tech entrepreneurs uncomfortable: Some inefficiencies in law exist for good reasons. The deliberate pace of litigation gives hot tempers time to cool. The formality of legal proceedings signals their seriousness. The requirement for human judgment in critical decisions protects against algorithmic bias and preserves accountability.

Could we automate small claims court? Probably. Should we? That’s a different question entirely. When people come to court, they often need more than just a decision. They need to be heard. They need to feel that someone in authority took their problem seriously. They need the cathartic experience of telling their story. An algorithm, no matter how sophisticated, cannot provide that human recognition.

The legal profession will adopt technology aggressively where it makes sense. And it makes sense in many places. But the core of legal practice will remain stubbornly human because the problems law solves are fundamentally human problems. They involve trust, betrayal, fairness, and justice. These concepts resist algorithmic reduction.

The Path Forward

The future of law isn’t a choice between humans and machines. It’s about humans using machines to be better humans. Better listeners. Better advisors. Better advocates. The lawyers who understand this will build the practices of the future.

Stop worrying about being replaced by AI. Start thinking about how AI can free you to do what only humans can do: connect, empathize, persuade, and judge. The future of law looks a lot like its past. Deeply, irreducibly human. The only difference is that we’ll have better tools to handle the boring parts, leaving more time for the work that actually matters.

That’s not a vision that excites venture capitalists looking for 100x returns. But for those of us who chose law because we wanted to help people solve real problems? It’s exactly the future we should be building.

The tech bros pitching me their automated legal utopias aren’t just wrong about law. They’re wrong about what clients want, what justice requires, and what makes law a profession rather than merely another service industry. Their mistake is our opportunity. While they’re building tools to replace lawyers, we should be using those same tools to become irreplaceable.

The firms that win won’t be the ones that eliminate the human element. They’ll be the ones that use technology to amplify it. The future of law, like its past and present, is human. The sooner Silicon Valley figures that out, the sooner we can have a real conversation about innovation in legal services.

To Open or Not to Open: Should You Include an Opening Statement at Mediation?

Tue, 30 Sep 2025 23:31:16 GMT

Are opening statements in mediation beneficial toward reaching a settlement? There is an ongoing debate by both advocates and neutrals concerning the advantages and disadvantages of including opening statements in mediations.

Supporters contend that opening statements, when handled properly, permit each side the unique opportunity, perhaps for the first time, to personally present their stories and to hear relevant facts and law that may help to guide the parties toward the needed resolution. Opponents claim that opening statements can unnecessarily derail the settlement process at the outset, especially if the presentations are negative or overly argumentative. Here’s a closer look at the pros and cons of using opening statements in mediation and how to determine whether an opening statement is appropriate for your case.

The Case for Opening Statements

One of the strongest advantages of permitting opening statements is the opportunity for the parties, who may have simply been passive observers in the proceedings thus far, to directly participate in the process. Further, a party’s participation in opening statements allows the individuals involved to share their perspectives and feelings about the dispute, which may itself be a significant component in the settlement process. Often parties want “to be heard” or to “have their day in court”. Having the party participate in opening statements helps meet this need and may facilitate opportunities for settlement.

If handled correctly, opening statements can create a constructive and positive tone for the rest of the mediation session. If the parties establish a respectful and solution-oriented approach to the opening statements, they may restore the intended civility that should be part of such a process. If the statements are cordial and the parties can meet face to face, it may help diffuse any hostility that existed as a cause of the original dispute, as well as to ease acrimony that may have developed during the preceding litigation.

Opening statements may allow the parties to share their positions in a confidential environment and convey the evidence that may help the parties understand their respective risks of litigation. Conducting opening statements may help encourage transparency in the parties’ claims, help to resolve previously misunderstood facts, and clarify each party’s motivations and goals. Such clarity and insight can demonstrate the mutual good faith needed to reach a resolution of the parties’ conflict.

Finally, opening statements can help educate the mediator. Listening to opening statements and the recitation of the main factual and legal issues in the dispute can provide needed insight for the mediator who is charged with helping the parties reach a resolution. Equally, opening statements may educate the participants on some of the intangibles of the case, including the quality of the lawyers involved and the effectiveness of the parties as potential witnesses at trial.

The Case Against Opening Statements

Of course, there is the other side of the coin. If the opening statements are argumentative, rather than conciliatory, they may create further animosity and distance between the parties, taking what would otherwise be an opportunity for discourse and dialogue and replacing it with a situation where scorched earth becomes the goal. Aggressive opening statements can directly derail potentially successful mediations.

In certain cases, opening statements can trigger pain or distress by forcing the parties to relive or reexamine the event. This is true in certain emotionally charged or sensitive cases (such as those involving sexual harassment and sexual assault) where the impacted party could be retraumatized by presenting the case again during the opening session. Comments that address blame can lead to entrenchment and unnecessary tension in the mediation which will discourage open dialogue and negotiation.

Lastly, sometimes it’s just a matter of time. Opening statements can be time-consuming, which may reduce the remaining time otherwise available for problem-solving and negotiation within the separate caucus sessions. Moreover, sometimes, depending on the status of the case, opening statements are simply unnecessary, especially if the parties have already participated in lengthy discovery or motion practice. In such cases, opening statements may be redundant and even counter-productive to the settlement process.

Deciding Whether to Have an Opening Statement

The final choice, as to whether to allow opening statements or not, can be found in the ultimate flexibility that is inherent in the alternative dispute resolution process. Before the mediation starts, the mediator can review the type of case involved, as well as the nature and demeanor of the parties and their counsel. Because every case is different, the mediator’s analysis of that case, including the respective expectations of the parties and counsel involved, can be helpful in leading the parties to decide whether the mediation should begin with opening statements or in separate caucuses. Giving opening statements, just because they are a common part of the mediation process, without specific consideration as to the nature of the case and the parties involved, may squander the goodwill and credibility of the negotiation process.

If the parties agree to participate in joint opening statements, consider these guidelines:

Brevity is important. Mediation can be stressful, and parties have limited attention spans. Shorter presentations may be more effective.

Each party should express appreciation to the other party for participating in the mediation, especially if the session is voluntary.

Visuals can often add value to a presentation, and PowerPoint slides can highlight key facts and issues.

Avoid negative assertions in the presentation. Remember that tone is important and the purpose of the mediation is to find consensus. Often parties stop listening if they are being criticized.

As important as this debate might be, there remains no clear answer as to whether opening statements should or should not be used as part of the mediation process. Every case is different, as are the parties, lawyers and mediators involved.

The best approach is to consider the matter as a whole and make the decision that the parties mutually agree would be the best for that case. The mediation process is also fluid, so a mediation session that does not start with opening statements may reconsider their use during the mediation itself. Flexibility is the key.

*Originally published in the Daily Report and reprinted with permission.

When You Say Yes to Something, You Say No to Something Else

Tue, 30 Sep 2025 23:27:10 GMT

Every decision carries unseen consequences that many professionals fail to recognize until it’s too late. When you agree to take on that additional client project, you’re simultaneously declining other opportunities such as developing your team’s skills or investing in better systems. When you commit to attending every networking event in town, you’re forgoing the deep work that moves your business forward. This fundamental truth of resource allocation applies whether we’re referring to time, money, or mental bandwidth. Understanding this separates successful entrepreneurs from those who perpetually struggle with being continuously overwhelmed.

The problem isn’t that professionals lack good intentions or strong work ethics. Most are incredibly dedicated and genuinely want to help their clients, employees, and communities. The issue lies in treating every opportunity as if it exists in a vacuum, without considering the broader ecosystem of commitments and constraints. When a potential client calls with an urgent need, the immediate response is often to figure out how to make it work rather than whether it should work. This reactive approach to decision-making creates a cascade of suboptimal choices that compound over time, leading to burnout, diluted focus, and ultimately weaker results across all areas of the business.

Smart business leaders develop what I call “strategic selectivity”—a deliberate framework for evaluating opportunities against both immediate resources and long-term objectives. This means asking not just whether you can do something, but whether doing it advances your most important goals while maintaining the quality standards your reputation depends on. It requires honest assessment of current capacity, including the often-overlooked emotional and creative energy needed for excellence. When a law firm takes cases outside their core expertise just because they need the revenue, they’re not just risking poor outcomes for that client—they’re also stealing time and attention from the practice areas where they could be building genuine competitive advantage.

The hidden cost of indiscriminate agreement extends beyond immediate resource depletion. Each commitment creates ongoing obligations, follow-up requirements, and relationship maintenance needs that persist long after the initial “yes” is given. That favor for a networking contact becomes a monthly check-in expectation. The discounted service for a struggling startup creates a precedent for future requests. The volunteer board position that seemed manageable during a slow period becomes a burden when business picks up. These accumulated obligations form what economists call “switching costs.” That is the energy required to manage multiple relationships and contexts simultaneously, which grows exponentially rather than linearly.

The path forward requires embracing the uncomfortable reality that saying no is not just acceptable but essential for business health. This doesn’t mean becoming inflexible or losing your collaborative spirit. Instead, it means being intentional about where you direct your finite resources to create maximum impact for your clients, your team, and your own professional development. When professionals consistently prioritize opportunities that align with your strengths and strategic direction, you free up the mental space needed for innovation, relationship building, and the kind of deep thinking that generates breakthrough solutions. Your clients benefit from working with someone operating at full capacity rather than someone juggling competing priorities, and you build a sustainable practice that can weather economic uncertainty while sustaining long-term growth.

How Litigation Analytics Drive Case Strategy

Tue, 30 Sep 2025 23:25:00 GMT

The advancements of data analytics in this century have transformed how decisions are made in many professions. Rather than an educated human guess, analytics can find patterns, provide guidance, and predict outcomes based on past behaviors documented in millions of data points.

While the legal industry is built on the individual experience, skills, and savvy of attorneys—and their collective expertise and acumen as firm leaders—litigation analytics are gaining ground in providing rich insights that help refine decision-making.

The Role of Litigation Analytics in Case Strategy

Litigation analytics refers to the application of data science to the practice of the law. At a case level, it’s essentially slicing, dicing, and studying data that can provide information useful to the process of and decisions inherent in developing a case strategy.

The data, however, must be complete and accurate to provide useful intelligence.1 Sources and timeframes of data collection—like court dockets, case opinions, proprietary legal databases—can vary significantly across providers.2

Employing litigation analytics can:

Contribute to precommitment case reviews and early case assessments
Help predict outcomes based on prior trials, settlements, and determinations
Provide insights on judges, opposing counsel, and potential expert witnesses
Inform the development of a case theory, theme, story, and arguments
Identify goals, subjects, and examination approaches during discovery
Help support client guidance

Assessing Judges, Opposing Counsel, and Venues

Data insights can’t guarantee an outcome, but the best predictor of future behavior—more so than public personas or claims—is past behavior. Litigation analytics provides information that can both inform decisions help you strategize around circumstances that are outside your direct control.

For judges, you can leverage analytics to research how these factors interrelate and break down:

Types of cases heard
Case volume
Speed of adjudication
Damages awarded
Opinions by area of law
Affirmations and reversals (in full or in part) upon appeal
Common case citations by issue
Judgment favorability for plaintiffs/defendants

You can also analyze how often a judge grants motions by type, how long it takes when they do so, and how those patterns compare to their colleagues at geographic and specialty levels:

Summary judgment
Class certification
Venue change
Directed verdict
Judgment n.o.v. or to set aside judgment
Dismissal or termination

Similarly, you can research attorneys and firms to identify useful patterns by digging into:

Case volume, types, and specialties
Client characteristics
Rates of and speed to trial, negotiation, settlement or plea, and appeal
Use of and outcome for types of motions
Client outcomes
Trends exhibited in arguments, trial themes, demonstrative characteristics, case law citations, and other areas

Finally, you can apply the same principles to venues. How does Venue A compare to Venue B when it comes to:

Case volume, speed, and types heard
Judgment favorability for plaintiffs/defendants
Damages awarded
Outcomes (e.g., class certification, summary judgment, directed verdict, dismissal)
Rates of affirmations and reversals (in full or in part)
upon appeal

Predictive Modeling for Case Outcomes

Once a strong body of data insights has been accumulated, the next step is to apply them to predict possible outcomes based on different variables. Predictive modeling uses tools and methods that include:

Regression analysis to identify the relationships among multiple variables and their effects
Decision trees to arrive at potential outcomes based on different variables
Machine learning algorithms to identify patterns,
make predictions, and learn from data

With predictive modeling built on past outcomes and litigation patterns, you can consider and compare different approaches, scenarios, and likely outcomes to help:

Identify the optimal amount of damages
Choose the right venue or decide whether to file for
a venue change
Design impactful themes, strategies, and arguments
Predict timelines and case budgets
Pinpoint case laws and motions to avoid or rely on

Key Benefits of Litigation Analytics for Law Firms and Legal Teams

Firms need to find a balance between jumping to the newest option every month and remaining stuck on swiftly aging software or processes. Litigation analytics is like any area that requires balancing future investment with today’s workload, but the potential benefits are substantial:

Optimized case strategies that boost successful outcomes
Increased efficiency with insights that move case planning forward
Smarter decision-making with a data-driven and documented basis
Risk management within a logical framework
Increased value for clients and more clarity and rationale for recommendations
Novice attorneys equipped with deeper insights
Identification of firm-specific patterns that help optimize client and case decisions
A competitive advantage over firms that don’t move forward

Sources:

1. Law.com. The Roadmap of Litigation Analytics. https://www.lawjournalnewsletters.com/2021/11/01/the-roadmap-of-litigation-analytics/

2. Charles Widger School of Law Library. Resources for Litigators: Litigation Analytics. https://libguides.law.villanova.edu/ResourcesforLitigators/litanalytics
Notre Dame Law School NDLScholarship. Litigation Analytics: A Framework For Understanding, Using & Teaching. https://scholarship.law.nd.edu/law_faculty_scholarship/1463/

6 Reasons You Should STILL Be Producing Bylined Articles Today

Tue, 30 Sep 2025 23:18:46 GMT

Today, even with the changing content marketing and thought-leadership marketing landscapes, bylined articles are too valuable not to be part of your thought leadership program.

If you’re an attorney or you work in marketing or business development for a law firm or an organization that serves the legal industry, it’s easy to get frustrated by the craziness in the content marketing and thought leadership marketing world today.

Thanks to AI, many assumptions we’ve made about how content marketing and thought leadership marketing work have changed. From “zero-click” searches to AI gobbling up search traffic from Google, there’s a lot of uncertainty out there.

But you know what? In uncertain times, it’s nice to rely on old standbys to get the job done.

Bylined articles are exactly that. Today—perhaps now more than ever—they remain effective tools for building and maintaining thought leadership.

Before I discuss why that’s the case, I realize that the success of a bylined article strategy depends on third-party publications publishing those articles. Those publications employ editors who serve as gatekeepers.

But there are no gatekeepers for “owned media,” such as law firms’ blogs, podcasts, videos, and email newsletters.

There’s no external force affecting a firm’s ability to publish or distribute content through these channels. That’s why developing owned media assets is a key thought leadership strategy for attorneys, executives, and firms seeking to establish and expand their authority.

However, that doesn’t mean they—or you—shouldn’t continue to use bylined articles to achieve the same goal.

Here are six reasons why they—and you—should.

Bylined Articles Help Other Humans Discover You

When you write a thought leadership article that’s published by a third-party publication—one that serves the industry you’re currently serving or one that you want to be known more in—you enable past, current, and future clients to discover or rediscover you through your content.

If you rely on an email newsletter to distribute your thought leadership, it’s hard for people to discover you unless they’ve already subscribed to the newsletter to receive it (or were forwarded it by someone else).

The same principle applies to your blogs and podcasts. With videos, a platform’s algorithm might help other people discover your videos, but they’d still need to follow you on a social media platform or subscribe to your YouTube channel to ensure they’re seeing everything you produce.

Bylined Articles Help AI Platforms Discover You

AI is a critical component of the discoverability and amplification of thought leadership today. If we want AI models like ChatGPT, Google Gemini, Claude, and others to find us, suggest us as service providers, and cite our content in response to queries, we need to have content that’s discoverable by them.

Yes, I know AI models have and will continue to crawl the internet to find all the content they can gobble up, including our blog posts, email newsletters posted online, and transcripts of our YouTube videos.

But bylined articles published in reputable third-party publications give higher signs of authority and credibility than your blog posts or email newsletters. AI will deem the well-regarded publications you publish these articles in as more authoritative and credible than blog posts that may only get a few dozen readers.

Bylined Articles Let You Build Authority Through Borrowed Credibility

When you publish an article in a well-regarded publication, you’re seen as having some level of authority and credibility because that publication was willing to publish your thought leadership. By doing so, the publication sends a signal that your content was worthy of being included in it and worthy of carrying its imprint.

Your podcasts, blog posts, email newsletters, and other owned media are a different story. As I discussed above, there’s no gatekeeper for this content, so the only credibility this content borrows is your and your firm’s credibility. Of course, if you or your firm are prominent thought leaders, that’s perfectly fine. But few attorneys or firms start their thought leadership journey from a position of high credibility and authority.

Bylined Articles Are Potent Business Development Materials

When a client or prospect has an issue that you’ve covered in a previous bylined article, you can send the article to them, which shows them that you’re familiar with the issue and likely have thoughts on how to address it. When you do so, you’re greasing the business development skids by letting the client/prospect know that you can handle this issue for them.

Sure, this could be accomplished by sending a link to a blog post or podcast episode. But sending an article hits differently because it was published in a third-party publication, thereby borrowing the credibility of the publication. This is particularly important when the prospect is someone with whom you haven’t worked before or is someone with whom you’re not well acquainted.

Bylined Articles Are More Credible Entries in Your Thought Leadership Library

When you’re a professional services provider, any thought leadership is good thought leadership. Let’s get that out of the way. Even if you’re only publishing blog posts or email newsletters, the fact that you’re producing any thought leadership puts you ahead of most of your competition.

Listing the blog posts you’ve written in your online bio and on your LinkedIn profile can help you build credibility and authority. But, again, that credibility and authority will be heightened when you’re listing the articles you’ve published in third-party publications, given the credibility you’re borrowing from those publications.

Additionally, if you’ve published articles in a variety of publications that serve different geographies, industries, or segments of industries, your articles show clients and referral sources that there’s a breadth and depth to your knowledge and wisdom. With your blog posts, newsletters, and other owned media, that breadth and depth might not come across as clearly, even if you’re covering a wide range of topics in your content.

Bylined Articles Can Drive the News Cycles at Media Outlets That Publish Them

Finally, when you submit bylined articles to media outlets, those articles will be seen by those outlets’ editors and reporters. Your bylined articles could get you a separate round of publicity because you’ve alerted reporters to an interesting issue you covered in an article.

This has happened several times with my clients. After submitting a bylined article that was published in a media outlet, a reporter from that outlet contacted the author to discuss the subject of their article because they wanted to report on it in a separate article. Of course, they called my client first to interview them about the topic because they had submitted the bylined article that piqued the reporter’s interest and demonstrated that the author was an authority on the article’s subject matter.

This is a unique feature of bylined articles: helping people who publish articles get two bites of the thought leadership apple by first publishing an article and then having the opportunity to be interviewed for a subsequent article about the same topic. This doesn’t happen often, but the fact that it can happen at all is another reason to employ a bylined article strategy for your thought leadership.

The Classics Are Classics for a Reason

It’s crazy times out there today in the content marketing and thought leadership marketing arenas. When things get a little crazy, it’s nice to rely on old standbys.

A bylined article strategy can help alleviate the concerns you and your colleagues have about AI and other technological developments negatively affecting your marketing and business development efforts.

Even in the face of rapid technological change and uncertainty about whether marketing strategies and tactics that once worked will still work, bylined articles can help you and your colleagues implement a thought leadership campaign to build and expand your authority.

12 Compelling CTAs Sure to Click with Potential Clients

Tue, 30 Sep 2025 23:13:51 GMT

Wouldn’t it be amazing if every quality lead visiting your law firm’s website immediately became a client?

That obviously isn’t possible in the real world—at least not right away. Even when your site brings in qualified traffic, some website visitors are bound to leave without contacting your firm. But that doesn’t mean you’ve lost them forever. In fact, HubSpot research shows most visitors fall into the consideration stage. They are looking for solutions to their problem but aren’t yet ready to engage with your firm or explore its services.

Rather than letting these visitors go, think of your website (and especially your blog) as a lead-generation tool. Instead of ending content with a general call-to-action, try something that will resonate with your specific target audience, so visitors are encouraged to move on to the next step in their client journey.

We’ve compiled a list of 12 compelling CTAs that will motivate visitors to click and deepen trust with your brand.

Why CTAs Are Essential for Law Firm Blogs

A strong CTA is an essential component of any blog post—it’s what turns passive readers into active participants. Without one, visitors might leave your site without taking the next step, missing out on valuable opportunities to connect and convert.

For law firms, CTAs are especially important because they guide visitors through key stages of their client journey. Whether it’s downloading a resource, subscribing to your blog, or booking a consultation, a clear and compelling CTA encourages action. Think of it as a simple prompt that keeps readers engaged and moves them closer to converting.

1. Subscribe to Blog CTA

If someone is reading your blog, it’s likely because they find your content valuable. Help them stay connected by offering an option to subscribe via email. Keep your “subscribe” CTA clear, concise, and easy to spot for maximum impact.

2. “Smart” CTA

A “smart” CTA is dynamic, meaning it changes based on the type of visitor viewing your blog.

For example, HubSpot allows users to implement specific buttons that align with each visitor’s stage in their journey. A new visitor might see a CTA directing them to a lead generation offer, such as a white paper. Meanwhile, a warm lead could be invited to schedule a free consultation, and an existing client would be guided toward valuable resources like a checklist or an editorial calendar template.

3. Urgency-Based CTA

Urgency-based CTAs are intended to create a sense of scarcity, a limited-time opportunity, or fear of missing out. Like a smart CTA, they are also positioned around a lead magnet. For example, if your firm is hosting a webinar in the next few days, your CTA should make it clear that visitors must register before spots fill if they want to attend to learn more about your blog topic.

4. Social CTA

When people connect with your firm on social media, it helps increase both reach and visibility. So, make it easy for visitors to do so by providing share buttons, icons, and links at the bottom of every blog post.

5. Consultation CTA

Does your firm provide free consultations for prospective clients? Consider adding a clear CTA inviting those interested to schedule a consult to learn more about your law firm’s services.

6. Comment CTA

Not everything is about your firm. Instead of constantly asking visitors to take action for your benefit, encourage meaningful engagement by inviting readers to comment on your blog posts. Pose specific, thoughtful questions that will inspire them to share their perspectives.

7. A Slide-In CTA

This type of CTA appears subtly in the bottom corner of the screen once a visitor has finished reading your blog post. Unlike intrusive pop-ups, it offers a discreet and user-friendly way to highlight a download or similar action. There are a variety of online tools available to help you implement slide-in CTAs.

8. In-Line CTA

Sometimes, the most effective call-to-action is simply a link within your blog post that provides more information on that specific topic. Typically written as “learn more.”

9. Sidebar CTA

Occasionally, you may want to include a CTA that’s relevant to your firm but not directly tied to your content. The sidebar is the location for this type of CTA, as it keeps the prompt accessible without disrupting the flow of the content.

10. Practice Area CTA

If your blog addresses an issue relevant to one of your firm’s practice areas, consider linking to the relevant practice area page, so users can learn more about how your attorneys can help with related legal issues.

11. Testimonial CTA

Harness the power of social proof by including a compelling testimonial CTA in your content. Invite happy clients to share their positive experiences with your law firm, then strategically feature their testimonials throughout your website to establish trust and credibility with visitors. For example, use a CTA like “Hear from Our Clients” with a link directing readers to a dedicated testimonials page.

12. Resource Download CTA

If your law firm has developed comprehensive resources like guides, templates, eBooks, or webinars, a Resource Download CTA is an excellent way to promote them. Strategically place these CTAs within relevant blog posts or on your website to encourage readers to access and benefit from these valuable materials. For instance, a CTA such as “Access Our Comprehensive Legal Resources” paired with a link to your resource download page can effectively drive engagement and provide value to your audience.

Tips for Writing a CTA

A strong call-to-action can be a pivotal factor in determining whether a website visitor progresses to the next stage in their client’s journey or disengages and becomes an inactive lead. For maximum impact, focus on clear, engaging language, adhere to copywriting best practices, and keep the following tips in mind:

Proofread, proofread, and proofread again: Take time to thoroughly proofread your CTA to eliminate any typos or errors. Even a small mistake can undermine your credibility and impact how readers perceive your message.
Use power words: Certain words have the unique ability to evoke emotions, capture attention, or inspire action. Incorporate terms like: free, new, easy, discover, sneak peek, insider, increase, effortless, simple, and expert to maximize the impact of your message.
Leverage a timeline: Use words like: now, today, and before to instill urgency and encourage readers to take immediate action.
Make it easy for your readers: Simplify the next step by including a clear button or an easily visible link in a distinct color, so readers can quickly identify where to click and easily navigate to the next step.
Emphasize the value proposition: “Download Now” often isn’t enough to motivate users to take action. Instead, clearly communicate the value they’ll receive by taking the next step. For example: “Download this free eBook to access insider tips on filing a personal injury lawsuit.”
Lead with a question: Jumping straight to a call-to-action without proper context can sometimes feel abrupt and disconnected. Instead, pose a thoughtful question to guide the reader, align them with your message, and naturally lead them toward taking the next step.

Takeaway

Transform your website into a powerful lead-generation tool by incorporating clear, compelling calls-to-action in every blog post. Experiment with different copy, designs, and placements to discover what resonates most with your audience. n

This article was provided by Good2bSocial™, the digital marketing division of Best Lawyers, which works with law firms and companies in the legal industry who are serious about growth but are often frustrated that they’ve spent time, money, and effort on their website and on digital marketing, yet they still don’t produce the results they had hoped for. Learn more at www.good2bsocial.com.

Orange County, September 2025

Tue, 02 Sep 2025 18:06:02 GMT

San Diego, September 2025

Tue, 02 Sep 2025 18:04:34 GMT

Courtroom Maverick: From Montana Roots to Global Spotlight

Tue, 02 Sep 2025 18:00:17 GMT

Contact

Patrick Griffin

Griffin Law Office, APC

1350 Columbia Street, Suite 401

San Diego, CA 92101

619-269-2131

www.PatrickGriffinLaw.com

Patrick Griffin’s Unbeaten Trial Streak, Groundbreaking Jury Selection, and High-Stakes Federal Defense Have Redefined His Practice

When Patrick Griffin last appeared on the cover of Attorney Journals in 2018, he was known for blending a small-town Montana work ethic with razor-sharp trial skills. Even then, he had earned a reputation as a fierce, principled criminal defense lawyer—willing to fight cases that others would walk away from. Seven years later, Griffin has not only held onto those roots, he’s built an unmatched winning streak in the courtroom, pioneered a novel jury selection method that’s kept him undefeated since its adoption, and led the defense in the largest international criminal investigation ever undertaken.

“Growing up in rural Montana taught me the importance of integrity and reputation,” Griffin says. “When you’re from a small town, you can’t cut corners; people know who you are. That still guides how I handle every case.”

An Office Built for Precision

The most visible change since Griffin’s last feature is his move into a brand-new office in Little Italy, custom-designed to match the way he works. Every detail was built for efficiency, privacy, and client comfort.

“This is not a big-volume shop,” Griffin says. “We deliberately take on fewer cases so that when someone retains me, I’m the only attorney they deal with. Criminal defense isn’t something you can effectively delegate. My clients deserve—and get—my full attention.”

Joining him in the new space is Keegan Fairfield, a recent addition to the firm. Fairfield relocated from Maine, where he ran a large-volume criminal defense practice. Now he manages case administration and paralegal duties, freeing Griffin to focus entirely on strategy, trial preparation, and courtroom advocacy.

A New Way to Pick a Jury and an Unbroken Streak

Since his last profile, Griffin has refined a unique jury selection process that he describes as a “complete rethinking” of voir dire. The results speak for themselves: he has not lost a trial since implementing it (eight and counting). His peers have noticed, and Griffin was invited to lecture on the method at a major statewide trial practice seminar.

In most courtrooms, jury selection is a juggling act—asking questions, listening for nuance, and trying to read the room while making split-second judgments. Griffin has streamlined that process with a system that collects and organizes data in real time.

As jurors answer scaled questions during voir dire, the responses are scored and analyzed on the spot, giving a clear, data-backed picture of potential bias. That structure frees Griffin to move through the courtroom with purpose—focusing on eye contact, body language, and weaving trial themes into the conversation—while the numbers quietly guide strategy.

The result is a measurable increase in successful cause challenges and panels that are more defense friendly. It’s a blend of analytics and advocacy that’s changing how jury selection is done.

Patrick Griffin, Founder

“When you’re from a small town, you can’t cut corners; people know who you are. That still guides how I handle every case.”

The Anom Case, A Global Spotlight

The pinnacle of Patrick Griffin’s recent work came when he was recognized as lead defense counsel in the only U.S. case arising from Operation Trojan Shield—the largest coordinated international criminal investigation ever undertaken. The operation involved law enforcement agencies across 18 countries and led to more than 1,000 arrests executed in a single global sweep.

At the heart of the investigation was Anom, a covert encrypted communications platform built and operated by the FBI. The Bureau used a confidential informant to distribute the phones to criminal networks around the world. Unbeknownst to users, every message—more than 27 million in total—was duplicated and sent directly to the FBI, without the use of lawful warrants.

While the arrests spanned dozens of jurisdictions, the U.S. government filed only one case—a RICO indictment in San Diego—which became the legal centerpiece of the entire operation. Griffin was widely recognized by the court and the defense bar as lead counsel.

Griffin led the constitutional challenge to the surveillance program, ultimately forcing the U.S. government to reveal the identity of a previously classified foreign partner that helped facilitate the global interception. “They claimed national security, law enforcement privilege, state secrets—everything,” Griffin says. “But the court still ordered disclosure. That ruling remains unique anywhere in the world.”

The case drew sustained international media attention, with coverage from The New York Times, The Washington Post, BBC, The Guardian, and VICE, among others. It is now being adapted into a Netflix feature film, produced by Jason Bateman, with development focused on the undercover operation and the legal battles that followed.

“Handling a case of this magnitude required both strategic litigation and technical precision,” Griffin says. “The pretrial rulings we secured had a real impact on the structure and scope of the prosecution.”

Case Wins That Define a Career—Felony Domestic Violence Full Acquittal

In one of his most emotionally charged cases, Griffin’s client faced multiple felonies—domestic violence, assault with force likely to produce great bodily injury, false imprisonment, and child endangerment. The charges were strikes and carried the real possibility of years in state prison.

From the outset, Griffin dismantled the prosecution’s case. The complaining witness had given several different versions of events, including one on the stand. Griffin cross-examined her on every inconsistency, introduced text messages that undermined her credibility, and exposed investigative failures by law enforcement. He successfully kept damaging hearsay from the client’s four-year-old child out of trial, and when the prosecution inadvertently opened the door, he got his client’s full statement admitted without him having to testify.

The jury returned not guilty verdicts on every count. “Every juror stayed afterward to talk,” Griffin says. “One hugged my client as he cried in his arms. Moments like that make all of the long hours worth it.”

The Disabled Marine Felony DUI Trial

In another high-stakes trial, Griffin defended a 30-year-old disabled Marine combat veteran in what, on the surface, looked like an unwinnable case. He faced felony DUI with injury, hit-and-run, and filing a false police report—charges carrying up to 14 years in prison. The alleged victim was left paralyzed after the collision. Lab results showed a high blood alcohol concentration, marijuana levels “off the charts,” and Xanax in his system.

This was no routine DUI trial—it was a hyper-technical, multi-issue case that demanded precise navigation. The defense had to juggle multiple expert witnesses, conflicting scientific evidence, and complex legal theories, all while countering the emotional weight of the injuries involved. Complicating matters further, the client had fled the scene and later called in a false police report—facts the prosecution seized on to argue “consciousness of guilt.”

Griffin’s new, data-driven jury selection technique became a critical advantage. By scoring jurors’ answers to scaled questions in real time, he removed anyone with strong negative views on marijuana or alcohol, ensuring a panel willing to weigh the science and the story.

In trial, the defense methodically dismantled the state’s case. Griffin seized on every one of the arresting officer’s mistakes through detailed and precise cross-examination. The prosecution’s toxicology expert conceded she could not determine impairment from drug levels alone. Multiple defense experts testified about the effects of PTSD and prescribed medical marijuana on the client’s baseline, explaining how the lab results were consistent with treatment, not intoxication.

A pivotal moment came when Griffin shifted the focus from raw numbers to the man behind them—introducing compelling testimony about the client’s decorated military service and combat trauma. That humanization, combined with the technical dismantling of the prosecution’s case, overcame the stacked odds.

The result: ten of the twelve jurors voted not guilty. The judge quickly dismissed the serious DUI charge and placed the client on probation for the hit-and-run. “That case was about telling the full human story,” Griffin says. “And it started with getting the right jurors in the box.”

The Griffin Family

“The second you forfeit credibility, whether with a jury or a client, you’re done.”

Two Federal Drug Trafficking Cases, Both Dismissed

Griffin achieved what most defense lawyers only dream about: full dismissals in two separate federal drug importation cases each carrying mandatory minimum sentences.

In both, his clients were accused of knowingly transporting over 20 kilograms of methamphetamine concealed in a spare tire. Griffin built both defenses around the “blind mule” theory, meticulously investigating in the U.S. and Mexico, using top concealment experts, and documenting every detail showing lack of knowledge.

“Blind mule defenses are rarely successful,” he notes. “But when you combine deep investigation with credible experts and a clear client profile, you can make it real for a prosecutor and make dismissal the smart choice.”

Technology with a Human Purpose

While Griffin is quick to point out that his practice will never lose its personal touch, he has embraced technology in a way that makes him more accessible to clients. All communications, texts, messages, and updates are shared in real-time among Griffin and his staff, eliminating the bottlenecks and delays that frustrate clients in high-stakes situations.

For Griffin, artificial intelligence is simply another tool in a larger system designed to serve clients better and move faster, without compromising judgment or discretion. The goal is not to automate advocacy, but to amplify it.

Mentoring the Next Generation

Griffin also invests in the profession’s future, bringing interns and law clerks into the courtroom, showing them not just legal theory, but “what it’s really like.” He makes a point to give them the advice he wishes he’d received as a law student.

“It’s not enough to know the law, you have to know how to earn trust,” he says. “The second you forfeit credibility, whether with a jury or your client, you’re done.”

Fatherhood and Focus

In the years since last being featured in Attorney Journals, Griffin became a father. He says the experience has deepened his perspective on his work and his life.

“Fatherhood brings a new level of discipline and clarity,” Griffin says. “It’s made me even more focused and deliberate in how I work, how I prepare, and how I show up—in court and in life.”

Looking Ahead

Griffin has no plans to expand into a large firm or dilute his hands-on approach. “The plan is to keep it streamlined and efficient,” he says. “We’ll keep taking fewer cases and delivering better results.”

For a lawyer whose Montana upbringing taught him that your word is everything, it’s a strategy that’s as natural as it is effective. Whether he’s securing acquittals, dismantling federal prosecutions, or standing at the center of a case that drew headlines around the world, Patrick Griffin is proving that integrity, and a relentless work ethic, are still the most powerful tools in the courtroom.

Keegan Fairfield (Office Manager & Paralegal) and Patrick Griffin (Founder)

Recent Case Highlights

Operation Trojan Shield/Anom Case—Lead Defense
Represented lead defendant in only U.S. case from the largest international criminal prosecution in history. Forced government to disclose classified foreign partner, undermining prosecution. Case now the subject of a Netflix film.
Felony Domestic Violence—Full Acquittal
Client faced multiple felonies, including strike offenses. Griffin exposed nine conflicting witness statements, introduced exculpatory texts, and dismantled police testimony. Jury returned not guilty on all counts.
Disabled Marine DUI—Felony Dismissed
30-year-old Marine vet facing 14 years after a collision left a victim paralyzed. Griffin’s cross-exams neutralized toxicology evidence; jury voted 10–2 for acquittal on DUI with injury. Felony dismissed, probation on hit-and-run.
Federal Drug Importation—Two Cases, Both Dismissed
Each case carried a 10-year mandatory minimum. Griffin built rare “blind mule” defenses supported by expert testimony and international investigation. Prosecutors dismissed both before trial.

Courtroom Maverick: From Montana Roots to Global Spotlight

Tue, 02 Sep 2025 17:57:02 GMT

Contact

Patrick Griffin

Griffin Law Office, APC

1350 Columbia Street, Suite 401

San Diego, CA 92101

619-269-2131

www.PatrickGriffinLaw.com

Patrick Griffin’s Unbeaten Trial Streak, Groundbreaking Jury Selection, and High-Stakes Federal Defense Have Redefined His Practice

An Office Built for Precision

A New Way to Pick a Jury and an Unbroken Streak

The result is a measurable increase in successful cause challenges and panels that are more defense friendly. It’s a blend of analytics and advocacy that’s changing how jury selection is done.

Patrick Griffin, Founder

“When you’re from a small town, you can’t cut corners; people know who you are. That still guides how I handle every case.”

The Anom Case, A Global Spotlight

Case Wins That Define a Career—Felony Domestic Violence Full Acquittal

The Disabled Marine Felony DUI Trial

The Griffin Family

“The second you forfeit credibility, whether with a jury or a client, you’re done.”

Two Federal Drug Trafficking Cases, Both Dismissed

Griffin achieved what most defense lawyers only dream about: full dismissals in two separate federal drug importation cases each carrying mandatory minimum sentences.

Technology with a Human Purpose

Mentoring the Next Generation

“It’s not enough to know the law, you have to know how to earn trust,” he says. “The second you forfeit credibility, whether with a jury or your client, you’re done.”

Fatherhood and Focus

In the years since last being featured in Attorney Journals, Griffin became a father. He says the experience has deepened his perspective on his work and his life.

Looking Ahead

Keegan Fairfield (Office Manager & Paralegal) and Patrick Griffin (Founder)

Recent Case Highlights

Operation Trojan Shield/Anom Case—Lead Defense
Represented lead defendant in only U.S. case from the largest international criminal prosecution in history. Forced government to disclose classified foreign partner, undermining prosecution. Case now the subject of a Netflix film.
Felony Domestic Violence—Full Acquittal
Client faced multiple felonies, including strike offenses. Griffin exposed nine conflicting witness statements, introduced exculpatory texts, and dismantled police testimony. Jury returned not guilty on all counts.
Disabled Marine DUI—Felony Dismissed
30-year-old Marine vet facing 14 years after a collision left a victim paralyzed. Griffin’s cross-exams neutralized toxicology evidence; jury voted 10–2 for acquittal on DUI with injury. Felony dismissed, probation on hit-and-run.
Federal Drug Importation—Two Cases, Both Dismissed
Each case carried a 10-year mandatory minimum. Griffin built rare “blind mule” defenses supported by expert testimony and international investigation. Prosecutors dismissed both before trial.

California Case Summaries: New California Civil Cases

Tue, 02 Sep 2025 17:09:48 GMT

CALIFORNIA COURT OF APPEAL

Employment

CRST Expedited, Inc. v. Super. Ct. (2025) _ Cal.App.5th _, 2025 WL 1874891: The Court of Appeal denied the employer defendant’s petition for writ of mandate seeking to overturn the trial court’s order denying defendant’s motion for judgment on the pleadings in plaintiff’s PAGA action alleging no individual claims, but only claims on behalf of other employees. The issue was whether Labor Code section 2699 authorizes an aggrieved employee to bring a lawsuit that seeks to recover civil penalties imposed for Labor Code violations suffered only by other employees. After plaintiff dismissed his individual claims, because they had been ordered to arbitration, defendant moved for judgment on the pleadings arguing that plaintiff could not bring PAGA claims for violations suffered only by other employees. The Court of Appel denied the writ petition, concluding that a plaintiff may bring a PAGA action seeking the recovery of civil penalties (1) for the Labor Code violations suffered only by the employee, (2) for the Labor Code violations suffered only by other employees, or (3) both. (C.A. 5th, July 7, 2025.)

Landlord-Tenant

Eshagian v. Cepeda (2025) _ Cal.App.5th _, 2025 WL 1764252: The Court of Appeal transferred this case from the appellate division of the superior court to decide whether a tenant can appeal a judgment for possession in an unlawful detainer proceeding if the landlord has outstanding damages claims that have not been adjudicated. It concluded that a possession-only judgment is not appealable in this situation because it does not resolve all rights of the parties. However, given the uncertainty of the law on appealability at the time defendant filed his appeal, the Court of Appeal treated the appeal as a petition for writ of mandate to avoid any further delay. It concluded that the three-day notice to pay rent or quit served by plaintiff landlord, pursuant to section 1161(2) was invalid for failure to make clear by when and how defendant tenant had to pay the rent, and that defendant would lose possession of the premises if he did not timely cure the default. Plaintiff’s complaint incorporating the three-day notice therefore failed to state a cause of action for unlawful detainer and the Court of Appeal directed the trial court to vacate the judgment in favor of plaintiff and to enter a new judgment in favor of defendant. (C.A. 2nd, June 26, 2025.)

Real Property

Amundson et al. v. Catello (2025) _ Cal.App.5th _, 2025 WL 1563241: The Court of Appeal reversed the trial court’s interlocutory order identifying the owners of real property as cross-defendant Ruth Catello (Catello) and the estate of decedent Leslie J. Knoles (decedent) and ordering a partition by sale. Decedent had four surviving siblings. Catello and decedent originally acquired title to the real property as joint tenants. About one month before her death, decedent recorded a quitclaim deed that, if valid, severed the joint tenancy and created a tenancy in common with no right of survivorship. Catello and the siblings filed dueling petitions in the probate court. Those proceedings were not yet concluded when the Court of Appeal issued its decision. This appeal arose after Catello filed an action against two of the siblings to cancel the quitclaim deed and for quiet title to the real property, the siblings later filed a cross-claim seeking to partition the real property by sale, and the trial court entered its interlocutory judgment. The Court of Appeal reversed the interlocutory judgment because the siblings did not have standing to bring the partition action. Code of Civil Procedure section 872.210(a)(2) provides that a partition action may be commenced and maintained by an owner of an estate of inheritance in real property. The probate proceedings, however, had not yet determined whether the real property was a part of decedent’s estate. Because the party seeking partition must have clear title, the uncertainty of the outcome of the probate proceedings precluded the siblings from establishing the ownership interest required to bring a partition claim under section 872.210. (C.A. 4th, Decision after rehearing, June 3, 2025.)

Torts

Mitchell v. Hutchinson (2025) _ Cal.App.5th _, 2025 WL 1904317: The Court of Appeal affirmed the trial court’s order granting defendants Gail B. Hutchinson and the Gail B. Hutchinson Trust’s (defendants) motion for summary judgment in plaintiffs’ action for personal injury and property damage arising from rocks or boulders rolling down a hill and onto the road. Plaintiff sued several defendants who owned adjacent real property. The trial court properly granted summary judgment. Defendants met their initial burden pursuant to Code of Civil Procedure section 437c subdivision (p)(2) of showing that plaintiffs could not prove the element of causation as to both of their causes of action. The burden then shifted to plaintiffs to show the existence of a triable issue of material fact as to (1) whether the rocks came from defendants’ property or, alternatively, (2) whether defendants and the other owners of the adjacent hillside acted negligently in maintaining their slopes such that the burden of proof on the issue of causation would shift to defendants at trial under Summers v. Tice (1948) 33 Cal.2d 80. Because plaintiffs did neither, defendants were entitled to summary judgment. (C.A. 4th, filed June 11, 2025, published July 10, 2025.) n

Merit-Based Performance Management

Tue, 02 Sep 2025 17:07:16 GMT

Employee performance is central to many human resource decisions. When determining compensation changes, incentives, promotions, demotions, reductions-in-force, and while also explaining pay differences, organizations lean on employee performance as the deciding factor. Given its importance, employee performance needs to be carefully documented, managed, and utilized in decision-making. However, recent research suggests many organizations are falling short on performance management.

The Society for Human Resource Management (SHRM) and the Society for Industrial Organizational Psychology (SIOP) have performed decades of research related to the effectiveness and validity of performance management processes. A summary of the last five years of selected research is below:

Most employees feel that their managers need more training in people management skills, communication, team development, time management, performance management, and leadership skills; and that employee performance is greatly impacted by managers being in leadership roles that they are unqualified for as a leader.
Too many organizations are relying on traditional systems of subjective ratings that are done just once or twice per year even though there is extensive evidence that a focus on development and performance discussions throughout the year are much more effective in developing the workforce.
SIOP surveys over the past three years have shown that employees see little value in performance management processes that are infrequently done; employees are not inspired by processes that are seen as biased or performed as a checkmark.
Growing evidence shows that organizations need to adopt more frequent, real-time feedback and coaching with level-setting/calibration and incentives for seeking and completing current- and next-level development.
Current people analytics research by SHRM reveals that traditional performance management processes frequently misjudge performance, with ratings often based more on organizational relationships than actual performance. This research also suggests that manager bias in performance leads to a higher turnover of high-performing employees.

What can organizations do to improve their performance management process? Some recommendations are below:

Split the what and the how.

a. Have one process based on organizational objectives that measures employee success in completing job duties and tasks (the What)

b. Have a second process based on the processes and manners used by that employee to be successful (professionalism, attention to detail, time management, etc.) at completing the objectives (the How).
Incorporate talent management into performance management— For employees who have stated they want to seek promotion, also provide ratings on next-level skills and readiness to assist with succession planning.
Performance management should be documented year-round and be between more than just the employee and their manager. Comments and feedback should be gathered from anyone at the organization, as well as clients and customers, to create a clearer picture of employee performance.
Performance management should include level-setting/calibration meetings where a neutral facilitator helps managers recognize any potential biases they have (such as recency, halo, similar-to-me, leniency, severity, etc.) and adjust their ratings and documentation to ensure consistency in the application of the rating scale.
Performance management processes should be based on the results of job analysis, so employees are being rated only on aspects that are valid for their position instead of subjective feelings or feedback. This is a fundamental part of any merit-based performance management system. To effectively evaluate and improve performance based on the merits of what the employee brings to the work, the organization must first understand what the performance domain looks like in terms of essential duties and competencies needed for success.

Ultimately, implementing an effective performance management process is more complex than many organizations recognize. And getting it right is critical to ensure the process is an effective management tool. With the current focus on making merit-based decisions, performance management should be tied to specific job requirements. To advance a skills-based hiring process, the process should also be focused on learning and development, rather than simply completing a requirement. For a performance management process to be successful, it requires organizational commitment from all levels to spend the time necessary to yield actionable information for employees.

Keyword Gap Analysis for Law Firms: How to Outrank Your Competitors

Tue, 02 Sep 2025 17:01:09 GMT

Is your firm unknowingly surrendering potential clients to its competitors?

Prospects are online everyday researching the legal services they need, but if your pages aren’t appearing for the keywords they query, they’re going to head elsewhere. As a law firm in an increasingly competitive digital space, this isn’t just a problem—it’s a huge missed opportunity that’s costing your firm revenue. It’s also entirely reversible. By taking the time to conduct a keyword gap analysis, you can identify the search terms your competitors rank for, but you don’t. Tap into those keywords, and you can start to outrank your rivals and begin attracting more high-value prospects to your site.

I’ve seen firsthand how the information gleaned from a well-thought-out keyword gap analysis can help law firms cut through the digital noise in a crowded online marketplace. If you’re ready to take your SEO strategy to the next level, let’s dive in!

Understanding Keyword Research

Keywords serve as the bridge between what potential clients search for and the legal services you provide. Effective keyword research goes beyond simply identifying highly searched terms. It requires understanding search intent—the “why” behind every query. When someone searches for “personal injury lawyer,” they have different needs than someone searching for “how to file a personal injury claim.” The first indicates they’re ready to hire legal representation, while the second suggests they’re still in the information-gathering phase.

For law firms, this distinction matters tremendously. High-conversion keywords typically include location-specific terms like “divorce attorney in Chicago” or service-specific phrases such as “wrongful termination lawyer.” These targeted searches often represent prospects who are further along in their decision-making process.

Long-tail keywords deserve special attention in legal marketing. While “lawyer” might generate massive search volume, “affordable immigration lawyer for green card applications” targets a specific audience with clear intent. These longer, more specific phrases typically face less competition and attract more qualified prospects. In addition, Google’s AI Mode and LLMs are shifting user behavior toward more conversational searches, which often take the form of long-tail queries and detailed questions.

What Makes Keyword Gap Analysis Essential

In my experience, most legal practices face intense competition online, with established firms dominating many valuable search terms. Keyword gap analysis helps level the playing field by revealing overlooked opportunities and emerging trends in legal searches.

Consider this scenario: Your personal injury firm ranks well for “car accident lawyer,” but your competitor consistently appears for “rideshare accident attorney” and “bicycle accident lawyer”—terms you never considered targeting. A keyword gap analysis would identify these opportunities, allowing you to create relevant content and capture leads among potential clients querying those terms.

The benefits extend beyond just finding new high-intent search terms. Keyword gap analysis provides insights into your competitors’ content strategies, reveals seasonal trends in legal searches, and helps you understand which topics resonate with your target audience.

Regular gap analysis also keeps you ahead of industry changes. As new legal issues emerge or regulations change, search patterns evolve. Firms that monitor these shifts through competitor analysis can quickly adapt their content strategies to capture emerging opportunities.

Performing a Keyword Gap Analysis

So, what does it take to conduct a thorough keyword gap analysis?

Identify Your True Competitors

An effective analysis begins with identifying the right competitors to analyze. Focus on law firms that serve similar clients in your focal practice areas. Also review firms operating in your geographic area to assess how they perform locally—for example, through their office location pages and Google Business Profiles. Don’t just consider the biggest firms in your market—sometimes smaller, specialized practices can reveal valuable niche opportunities.

Start by searching for your primary practice area keywords in Google. The firms consistently appearing in the top 10 results should be on your analysis list. Pay attention to both organic results and Google Ads, as firms investing in paid search often have sophisticated keyword strategies worth tracking and evaluating.

Consider both direct and indirect competitors. A direct competitor might be another family law firm in your city, while an indirect competitor could be a legal information website that ranks for questions your potential clients ask.

Identify Potential Competitor Keywords

Once you’ve selected competitors, use your chosen analysis tool—Semrush Keyword Gap, Content Gap by Ahrefs, SimilarWeb, etc.—to extract their keyword data. Focus on terms that align with your practice areas and geographic market. A personal injury firm in Texas that only serves clients within the state shouldn’t prioritize keywords specific to New York workers’ compensation law.

Look for patterns in your competitors’ keyword strategies. Are they targeting specific types of cases within your practice area that you haven’t considered? Do they rank for informational keywords that could drive top-of-funnel traffic to your firm?

Pay special attention to local SEO opportunities. Competitors might rank for neighborhood-specific terms, nearby city names, or location-based legal questions that you could also target. And don’t overlook long-tail variations of your core keywords. Your competitor might rank for “how to choose a divorce lawyer” while you only target “divorce lawyer.” These informational keywords can attract prospects early in their research process.

Choose Competitor Keywords to Target

Not every keyword your competitors rank for deserves your attention. Prioritize opportunities based on relevance, search volume, competition level, and your firm’s capacity to create quality content.

Relevance should be your first filter. A keyword might generate significant traffic for a competitor, but if it doesn’t align with your services or target clients, it won’t benefit your firm. Focus on keywords that match your practice areas and can realistically convert into qualified leads.

Evaluate the competitive landscape for each keyword. Tools like Ahrefs and Semrush provide keyword difficulty scores that estimate how challenging it would be to rank for specific terms. As a general rule, newer websites should target keywords with lower difficulty scores, while established firms with strong domain authority can pursue more competitive terms.

Consider search intent carefully. Keywords indicating immediate need for legal services (like “hire DUI lawyer”) typically offer higher conversion potential than informational searches (like “what happens at a DUI hearing”). Balance your strategy between capturing immediate demand and building long-term organic growth through educational content.

Creating Content Around High-Intent Keywords

Discovering keyword opportunities is only the beginning. Success requires creating compelling, authoritative content that addresses the search intent behind each target keyword.

For legal content, quality and expertise matter more than quantity. Google’s algorithms increasingly favor content that demonstrates expertise, authoritativeness, and trustworthiness—particularly important for YMYL (Your Money or Your Life) topics like legal services.

When creating content for legal keywords, consider the specific needs of searchers. Someone searching for “child custody modification lawyer” likely needs immediate legal assistance, making a well-optimized service page more appropriate than a general blog post. Conversely, “child custody laws in [state]” suggests an informational need better served by comprehensive educational content.

Structure your content to address common questions and concerns related to each keyword. Use clear headings, bullet points, and concise paragraphs to make information easily digestible. Include relevant case studies, testimonials, or examples when appropriate, while maintaining client confidentiality.

Don’t forget technical SEO elements. Optimize title tags, meta descriptions, and header tags to include your target keywords naturally. Ensure your content loads quickly and provides an excellent user experience across all devices.

Measuring Success and Continuous Improvement

Keyword gap analysis isn’t a one-time activity. Legal markets evolve, competitors adjust their strategies, and new opportunities emerge regularly. Establish a routine for monitoring your progress and identifying new gaps.

Track key metrics including organic traffic growth, keyword ranking improvements, and most importantly, lead generation from organic search. Use tools like Google Analytics and Google Search Console to monitor how your targeted keywords perform over time.

Set realistic expectations for results. SEO typically requires several months to show significant impact, particularly in competitive legal markets. Focus on gradual improvements, rather than expecting immediate dramatic changes.

Keep monitoring your competitors’ activities. They may be conducting their own gap analysis and identifying opportunities you’ve overlooked. Keeping an eye on the competition helps you stay ahead of trends and maintain your search visibility.

Takeaway

The digital landscape is always evolving. But by prioritizing a data-driven keyword strategy that prioritizes search intent, your firm can achieve the online visibility critical to achieving its business development goals.

Strategic Anchoring: Using Cognitive Bias to Win Negotiations

Tue, 02 Sep 2025 16:58:07 GMT

In negotiation, the first number often carries disproportionate weight. While perhaps not always an absolute guarantee of victory, the concept of “anchoring bias” suggests it’s a powerful and frequently underestimated advantage. Anchoring, in essence, describes our well-documented human tendency to rely too heavily on the first piece of information offered (the “anchor”) when making subsequent decisions. The human brain, in its quest for efficiency, often latches onto that initial number and adjusts insufficiently from it. The brain’s adjustment occurs even when the anchor is arbitrary or irrelevant. This initial figure frequently frames the perceived zone of possible agreement, profoundly influencing the counter-offers and concessions that follow. The legal field, a constant arena of negotiation, is no stranger to the potent effects of anchoring.

In legal negotiations, a delayed response can be more than embarrassing; it can be a costly missed opportunity. Being proactive in establishing an anchor is key to avoiding that frustration, as the initial offer often acts as a potent psychological anchor, shaping how individuals perceive and process information throughout the negotiation.

Consider a common scenario in business litigation: the initial settlement demand or offer. Imagine a plaintiff’s attorney, after thorough case evaluation, believes a fair settlement value is around $500,000. However, understanding anchoring, they might strategically open negotiations with a demand of $950,000. Conversely, a defense attorney, also aiming for a $500,000 resolution, might counter-intuitively open with an offer of $150,000.

While these initial figures may seem far from the eventual target, they serve a crucial psychological purpose. The $950,000 demand, even if perceived as high, immediately frames the negotiation in a higher range. The first offer tends to establish a baseline, and all subsequent offers are evaluated in relation to this initial benchmark. Even if the recipient believes the initial offer is unreasonable or “out of line,” it still exerts a gravitational pull on the negotiation. Subsequent discussions, even if they bring the number down significantly, are often subconsciously tethered to this initial anchor. It becomes psychologically more challenging for the opposing side to dramatically pull the number below a certain threshold once that high anchor is set. Similarly, the lowball offer from the defense aims to drag the perceived acceptable range downwards. The negotiation then becomes a process of adjusting from these starting points. Research consistently shows that these adjustments are often insufficient, pulling the final agreed-upon number closer to the initial anchor than it might have been otherwise. This illustrates how a well-placed initial figure can powerfully shape the entire negotiation landscape, often dictating the perceived zone of possible agreement before substantive arguments are even fully exchanged. The party making the first offer often benefits from demonstrating a compelling analysis of the case’s strengths and weaknesses, and their preparedness to articulate the reasoning behind their offer can lend additional credibility to the anchor.

Nuances in Crafting Your Anchor: Precision and Range

The power of the first offer isn’t just about being first; it’s also about how that number is presented. Studies have shown that precise numerical first offers (e.g., $947,500 instead of $950,000) tend to be more effective anchors than rounder numbers. A precise number can signal that the offeror has carefully considered the value and is less likely to move significantly from their position. However, an overly aggressive first offer can risk derailing the negotiation if it causes the other side to question your credibility or the feasibility of an agreement.

A more sophisticated approach involves “range offers”. Research from Columbia University has highlighted “bolstering ranges” as particularly potent. ^[i] For example, a seller asking $7,000–$7,500 for a car instead of a flat $7,000. This type of offer aggressively stretches the bounds of a single-figure offer while also conveying flexibility and accommodation. Buyers receiving such offers tend to make greater concessions, partly because the range suggests a more ambitious bottom line for the offeror and can appear more polite than a single aggressive figure. This allows the offeror to claim more value while potentially mitigating reputational damage from a very aggressive single-point offer. Generally, ranges of about 5% to 20% of the base figure appear to work best. A well-crafted first offer, therefore, subtly communicates strategic thinking, understanding of the issues, and negotiation style.

This isn’t just some abstract theory; I’ve experienced this firsthand in my own career, especially while handling large, multi-million-dollar settlements for large insurance companies. In those high-stakes legal negotiations, you quickly learn how critical anchoring is. If you don’t put that first number on the table, you can bet the other side will. And once their number is out there, it’s like that’s the new center of gravity for the whole discussion. Trying to pull the negotiation significantly away from their initial figure? Even with compelling arguments or strong evidence, overcoming that initial number is an uphill battle. Research shows all subsequent judgments are made by adjusting away from that initial anchor. That first anchor really does set the entire playing field.

Fortunately, in those situations, I always made it a point to try and build positive, professional relationships with the opposing counsel. I found that this focus on a good working relationship, combined with a solid understanding of how anchoring works, really helped close deals that felt fair and beneficial to everyone involved. It’s so important to remember that anchoring isn’t about trying to bully or coerce anyone; it’s much more about strategically framing the conversation from the outset. Honestly, when both sides have a sense of these psychological dynamics, you’d be surprised how often you can find collaborative solutions.

So, why does anchoring have such a strong pull on us? It comes down to a few interesting ways our brains are wired. First, there’s something called the “insufficient adjustment” phenomenon. This basically means that even if we suspect an initial number might be off, we tend not to adjust our estimates far enough away from it. It’s like that first number has a magnetic pull.

Second, that anchor triggers what psychologists call “selective accessibility”. This is a fancy way of saying that once an anchor is set, our brains start actively looking for information that confirms it, while often unintentionally downplaying anything that contradicts it. So, if a high number is thrown out there, we subconsciously search for reasons to justify it.

And lastly, especially when we’re facing uncertain or complex situations (which negotiations often are!), an anchor gives us a sense of cognitive ease. Anchors provide a starting point, a mental shortcut that simplifies the tough job of figuring out what something is worth or what a fair outcome looks like.

The Legal Tech AI Bubble Is Real and Some Law Firms Will Get Burned

Tue, 02 Sep 2025 16:55:53 GMT

Walk the halls of any legal tech conference today and you’ll trip over dozens of AI startups promising to revolutionize law practice. Each booth features the same pitch: “We’re ChatGPT, but for lawyers!” The valuations are astronomical. The demos are slick. The value proposition? That’s where things get murky.

The legal tech world has become a gold rush, and most prospectors are selling fool’s gold. Every week brings announcements of new AI tools that are nothing more than thin wrappers around OpenAI, Claude, or Google’s models. These companies take a general-purpose language model, add a legal-sounding name, maybe some prompt engineering, and suddenly they’re worth millions. Or in Harvey AI’s case, $5 billion.

Let that sink in. Harvey AI, which essentially provides access to large language models with some legal flavoring, commands a valuation that exceeds the GDP of some small nations. For what? Features that a $20 monthly Claude subscription or Google Workspace already provides?

The proliferation is staggering. Legal AI tools are multiplying like rabbits. Contract review AI. Research AI. Brief writing AI. Deposition prep AI. Due diligence AI. Each claiming to be purpose-built for legal work, each demanding premium pricing, each essentially doing what you could accomplish with direct access to the underlying models.

This isn’t innovation. It’s arbitrage. These companies position themselves between law firms and the actual AI providers, adding minimal value while extracting maximum fees. They’re middlemen in expensive suits, and law firms are falling for it.

The problem runs deeper than overvaluation. Law firms signing multi-year contracts with these vendors are possibly making a critical strategic error. They’re betting on intermediaries in a rapidly evolving market where the underlying technology improves monthly. Today’s cutting-edge legal AI wrapper becomes tomorrow’s obsolete interface. Meanwhile, firms are locked into contracts, paying premium prices for increasingly outdated access to technology they could use directly.

Why This House of Cards Will Collapse

The legal AI bubble mirrors every tech bubble before it. Massive valuations built on thin value propositions. Investors pouring money into companies whose entire business model depends on other companies’ technology. Law firms, traditionally conservative with technology adoption, suddenly throwing caution to the wind because everyone else is doing it.

The fundamental question every firm should ask: What unique value does this legal AI vendor provide that I cannot get from direct access to Claude, GPT-4, or Gemini? Strip away the marketing speak and legal jargon. Look at the actual functionality. In most cases, you’re paying a massive premium for prompt engineering you could do yourself.

Consider document review. Multiple legal AI companies offer document review solutions powered by large language models. Their secret sauce? Prompts that tell the AI to focus on legal concepts. Any competent lawyer with an afternoon to spare could create similar prompts. Yet firms pay thousands per month for this “specialized” access.

Research platforms fare no better. They ingest legal databases and wrap them with AI interfaces. The AI doesn’t understand law any better than the base model. It’s just been prompted to format responses like legal memoranda. Again, something any associate could configure with basic prompt engineering skills.

The Better Path Forward

Smart firms should reject the vendor gold rush and build internal AI competency instead. This doesn’t mean avoiding AI. It means being strategic about implementation and skeptical about vendors selling repackaged access to technology you can use directly.

Start with direct subscriptions to major AI platforms. Google Workspace with Gemini costs a fraction of specialized legal AI tools. Claude Pro provides powerful language processing for less than most lawyers bill in an hour. Google’s Notebook LM is a favorite of mine. These platforms improve constantly, and you benefit immediately from upgrades without renegotiating vendor contracts.

More critically, invest in people, not platforms. Hire or develop internal futurists and explorers. These team members should understand both legal practice and AI capabilities. Their job isn’t to build AI from scratch but to identify opportunities, test solutions, and separate genuine innovation from expensive vaporware.

Create an AI evaluation framework. Before signing with any legal AI vendor, your internal team should prototype similar functionality using direct AI access. If they can replicate 80% of the vendor’s offering in a week, you’re looking at overpriced middleware, not essential technology.

Establish small pilot programs. Test AI applications on real work with controlled scope. Learn what works, what doesn’t, and what your firm actually needs. This hands-on experience becomes invaluable when vendors pitch their solutions. You’ll spot the fluff immediately.

Build prompt libraries and workflows internally. The “secret sauce” of most legal AI tools amounts to well-crafted prompts and integrated workflows. Your team can create these without paying vendor premiums. More importantly, you’ll own and control these assets, adapting them as needs change.

The Reckoning Approaches

The legal AI bubble will burst. Not because AI lacks value in legal practice, but because the current vendor ecosystem is unsustainable. When firms realize they’re paying Harvey AI prices for Google Gemini functionality, the correction will be swift and brutal.

Firms committed to long-term vendor contracts will find themselves trapped, paying premium prices for increasingly commoditized services. Those who invested in internal capabilities will adapt seamlessly, switching between AI providers as technology evolves.

The winners in legal AI won’t be the firms with the biggest vendor contracts. They’ll be the ones who understood early that AI is a tool, not a solution. Who recognized that sustainable advantage comes from how you use technology, not which middleman you pay to access it.

Stop signing contracts with AI vendors promising to transform your practice. Start building the internal capacity to transform it yourself. The bubble is real, the burst is coming, and your firm’s future depends on being on the right side when it happens.

The legal profession stands at an inflection point. We can chase shiny vendors and astronomical valuations, or we can do what lawyers do best: think critically, evaluate evidence, and make reasoned decisions. The choice seems obvious. The question is whether firms will make it before their competitors do.

The Role of Strategy in Creating High-Converting Website Designs for Law Firms

Tue, 02 Sep 2025 16:52:43 GMT

1. Understanding Your Ideal Client

2. Mapping the Client Journey

Every visitor arrives at your site with a problem. Your job is to guide them through a path that leads to a solution—and ultimately, to contact you.

This journey typically follows a structure:

Awareness: The client identifies a legal issue.
Consideration: They explore potential solutions.
Decision: They choose the right lawyer or firm.

3. Prioritizing User Experience (UX)

No matter how visually striking your site is, if users can’t easily find information or contact you, they’ll leave.

Strategic UX focuses on:

Fast loading times
Mobile responsiveness
Logical page hierarchy
Accessible forms and contact methods

For law firms, where trust and professionalism are critical, a frictionless experience signals reliability and competence.

4. Content With Purpose

Every word on your site should serve a goal—whether it’s to inform, persuade, or prompt action. Strategic content includes:

SEO-driven practice area pages that not only attract traffic but also address pressing legal questions and showcase your firm’s experience and successful representations.
Clear, benefit-focused headlines that immediately show visitors how your firm can solve their problem or improve their situation.

FAQs that address common client questions in plain, conversational language—helping potential clients become informed while aligning with natural search queries.

Blog content that answers high-intent client questions, builds authority, and links directly to related practice area pages.

Rather than flooding the site with legal jargon, strategic content speaks clearly and confidently, helping potential clients feel informed and empowered.

5. Law Firm Website Design That Supports Conversion

Design isn’t just about looking good—it’s about guiding behavior. A strategically designed law firm website achieves that with:

Prominent calls to action (“Schedule a Consultation,” “Speak to an Attorney”)
Visual hierarchy that leads the eye
Strategic placement of trust elements (badges, reviews, affiliations)

The layout should drive engagement and build confidence no matter how users navigate your site.

6. Data-Driven Improvements

Strategy doesn’t stop at launch. A high-converting law firm website is constantly evolving based on:

Heatmaps and click tracking
A/B testing headlines or call-to-action buttons
Analytics on user behavior and bounce rates

Law firms that approach their website as a living, data-informed asset consistently outperform those with static, set-it-and-forget-it designs.

Final Thoughts

Attorneys Have No Choice: They Need to Be the Joe Rogan of Their Practices

Tue, 02 Sep 2025 15:11:29 GMT

In today’s noisy and fast-changing content landscape, attorneys and law firms should strive to become THE DESTINATION for thought leadership in the eyes of their clients and referral sources—not merely A SOURCE of it.

The way people find information today is undergoing a rapid transformation. From evolving SEO and social media algorithms to the influence of AI in both search and content creation, the landscape is constantly shifting.

Yet, amidst this flux, many established and newer media outlets and content creators aren’t just surviving—they’re flourishing.

Why is that? Because they’ve become destinations.

Think of the audiences who actively seek out, for example, The New York Times, The Wall Street Journal, Mr. Beast’s YouTube channel, or Joe Rogan’s or Alex Cooper’s podcasts. They know what to expect from the content these organizations and individuals produce, they want more of it, and they go directly to the source for it. They aren’t searching online for content; they’re navigating to a trusted source of information (and entertainment).

This is how you and your law firm cut through the noise and stand out with your thought leadership content in the coming years.

You follow this lead and strive to be the Joe Rogan or Alex Cooper of your practice area, while your law firm strives to be The New York Times of its practice areas.

In other words, you and your firm strive to be THE DESTINATIONS for thought leadership, not just yet another source among many.

THE DESTINATION—not just a source—for knowledge, wisdom, and insights that your clients can use regarding the work you and your firm do.

Seven Strategies for Becoming THE DESTINATION for Thought Leadership

So, how exactly do you and your firm become THE DESTINATIONS for thought leadership in the eyes of your target audiences?

Here are seven high-level considerations to guide you as you and your firm build a content program aimed at achieving this goal:

1. Commit to the Idea and Merits of Thought Leadership

You and your colleagues will have to embrace the concept that the best way to make a lasting, favorable impression on your target audiences that you are authorities regarding the work you do is to consistently create content that is relevant, valuable, and compelling to them.

You and your colleagues should be convinced that thought leadership content creation is a driving force behind how you and they retain and attract clients.

2. Commit to the Idea of Owning a Niche and/or an Industry

Resist the urge to create thought leadership content about broad topics related to your practice. Instead, strategically identify and commit to creating content that positions you as owning specific niches or industries.

Look for niches where there might be some competition, but there’s no one attorney or firm that’s truly planted their flag as the leading voice consistently producing thought leadership regarding everything clients need to know regarding that niche.

When you do so, you and your colleagues will also need to embrace regularly sharing insights not just about legal issues, but also about economic, sociopolitical, and geopolitical trends impacting that niche. If you want to be THE DESTINATION for people who want to stay up to date on the most impactful news regarding a niche or industry, you’ll need to cover more than just court decisions, legislation, or administrative agency actions.

3. Commit to Consistent Content Creation

Consistency is key to becoming THE DESTINATION for thought leadership in the eyes of your target audiences.

You and your colleagues need to be consistently creating content—not just monthly or bi-weekly, but at least weekly. Ideally, you should aim for multiple content pieces per week, delivered in various forms.

4. Take an Omnichannel Approach

On a related note, if you want to become THE DESTINATION for thought leadership for your target audience, you can’t rely on just articles or blog posts.

We all consume content differently and we all have our preferred ways for consuming content. To be a true destination, you need to meet your target audiences where they are regarding content consumption.

Consider creating thought leadership content in the form of podcasts, videos, social media posts, and email newsletters. And, think about ways you can mix, match, and repurpose that content. For example, email newsletters that cover the same topics as recent articles but in summary form, or blog posts derived from recent podcast episodes.

This ensures that your valuable insights reach individuals who prefer various content formats.

5. Consider the Full Spectrum of Content

People not only want to consume content in different formats, but even people who prefer the written word often like a variety of offerings.

Not every piece of content should be a 2,000-word article. Nor should it be an 800-word blog post. Sometimes, a concise 300-word update on a relevant news item is all that’s needed.

On the other end of the spectrum, consider dedicating resources to proprietary research and other “tent pole,” flagship content pieces that no one else can create because they haven’t invested the necessary time and resources into their thought leadership programs, or they don’t have the same knowledge about the underlying subject matter that you and your firm have.

6. Staff Your Content Operation Appropriately

If you want to become THE DESTINATION for thought leadership in the eyes of your target audience, your content creation can’t just fall on the shoulders of your attorneys. It takes a team to create a steady enough stream of relevant, valuable, and compelling content that would allow you and your firm to be seen as THE DESTINATION for thought leadership.

Consider hiring a content manager who can oversee a firm’s or practice group’s content creation from a bird’s eye view. You’ll also want to consider hiring at least one dedicated writer. You should also consider hiring at least one editor who can handle video editing and audio (i.e., podcast) editing. Someday—or even today—your content operations might need multiple writers and multiple editors.

If you want to become THE DESTINATION for thought leadership for your target audiences, you can’t expect one or two attorneys to drive content creation for an entire practice group.

Just like one or two attorneys don’t handle all the legal work for a practice group, one or two attorneys shouldn’t be expected to handle all the content creation for one.

7. Seek Feedback From Your Target Audiences

You’re going to want ongoing feedback from your clients, referral sources, and other people consuming your content. Strive for a regular dialogue with these people.

Understand what they like and what they don’t like. Which content topics do they want you and your colleagues to cover more often? Which topics couldn’t they care less about?

Are all the formats you’re producing adequate? Are there new formats your key consumers might want you to produce your content in?

Feedback helps you create the kind of content that will actually draw in readers, viewers, and listeners—which will help build your audience and your practice.

Thrive in the New Era of Content

Despite the dynamic and sometimes chaotic nature of content creation and content discovery today, the stalwarts aren’t merely just doing fine, they’re flourishing.

The New York Times, The Wall Street Journal, Mr. Beast, and Joe Rogan, among many other media outlets and creators, are thriving because they have become destinations for their respective audiences.

Take a lesson from them.

To survive and thrive in today’s legal marketplace, you and your law firm should strive to become THE DESTINATION for thought leadership for your target audiences.

By providing relevant, valuable, and compelling knowledge, wisdom, and insights that boost your and your firm’s authority, you and your firm can become the first places clients and other target audience members go for information about their industry and the areas of law you and your firm practice—and the first choice when they need assistance with legal or business issues arising in their industry and/or within the areas of law you and your firm practice.

Why Video Drives Results for Law Firms

Tue, 02 Sep 2025 15:00:14 GMT

Is your law firm struggling to stand out in today’s crowded legal marketplace? Pivoting to more video content could be just the game-changer you’ve been looking for.

As of February 2025, video apps dominated global mobile data usage, accounting for 76% of monthly consumption. Social media algorithms also increasingly prioritize video. As far as I’m concerned, no law firm can afford to ignore video; it’s absolutely critical to meet client expectations and build trust in a format they prefer.

Embrace video now, and you’ll position your firm and its attorneys as leaders in the legal space. Hesitate, and you risk falling behind competitors who have already done so.

Why Law Firms Can’t Afford to Ignore Video

The shift toward video consumption isn’t gradual—it’s rapid and decisive. Modern consumers, including your potential clients, expect dynamic, easily digestible content that provides immediate value. Static text and images simply can’t compete with the engagement power of well-crafted video content.

Showcase Expertise

Law firms that recognize this shift are already seeing remarkable results. Video allows legal professionals to demonstrate expertise, build trust, and humanize their services in ways that traditional marketing simply cannot match. When potential clients can see and hear directly from attorneys, they develop confidence in the firm’s capabilities before ever making contact.

Educate Potential Clients

Video allows attorneys to explain complex legal concepts in accessible language, positioning themselves as knowledgeable experts in their specific practice areas. Through educational content, lawyers can address common client questions, demystify legal processes, and provide valuable insights that demonstrate their expertise.

This approach serves dual purposes: educating potential clients while establishing the firm’s credibility. When viewers better understand legal processes, they’re more likely to appreciate an attorney’s knowledge and feel confident in their ability to handle their case.

Building Authentic Trust Connections

Trust remains the cornerstone of successful attorney-client relationships. Video content humanizes law firms by allowing potential clients to see attorneys’ personalities, communication styles, and professional demeanor. This visual connection helps break down barriers that often exist between the public and legal professionals.

Research shows viewers retain 95% of information from videos compared to just 10% from text. This retention advantage means potential clients remember law firms they’ve seen in video content, creating stronger brand recognition when they need legal services.

How Video Content Performs on Social Media

Video is an ideal medium for social media. But while YouTube, LinkedIn, Facebook, Instagram and TikTok are excellent platforms for showcasing video content, not all will be a good fit for your firm. Understanding how video content performs on each platform can help you make better-informed decisions when allocating your marketing resources.

LinkedIn: LinkedIn has emerged as a powerhouse platform for legal professionals, with video watch time rising 36% year-over-year in 2024. Video posts on LinkedIn also receive 20 times more shares than other content types, making them invaluable for expanding reach within professional networks.

Short-form videos are growing at twice the rate of other formats on LinkedIn, while live videos generate 4.6 times more comments per viewer than pre-recorded content. Videos with captions retain viewers 32% longer, and vertical videos receive 58% more engagement on mobile devices—critical statistics for law firms targeting busy professionals who consume content on smartphones.

Facebook: Facebook’s algorithm consistently favors video content, particularly native videos uploaded directly to the platform, rather than shared links from external sources. Live videos tend to generate more comments and shares, creating opportunities for law firms to engage directly with potential clients through real-time Q&A sessions.

Facebook Reels, the platform’s short-form video feature, receives priority placement in users’ feeds, offering law firms another avenue to reach audiences with concise, engaging content about legal topics.

Instagram: Instagram is a predominantly video-focused platform, with Reels achieving higher reach and engagement than static posts or Stories. The platform’s algorithm particularly favors short, vertical videos that capture attention within the first few seconds and include captions with clear calls to action.

For law firms, Instagram Reels provides opportunities to create educational content, share behind-the-scenes glimpses of firm culture, and connect with younger demographics who increasingly use social media for professional research.

TikTok: TikTok boasts over 1.8 billion monthly active users, with 62% aged 25-44—a prime demographic for legal services. The platform maintains the highest engagement rate of any social media platform at 5.7%, compared to 0.83% on Instagram and 0.13% on Facebook.

Significantly, 40% of Gen Z and Millennials now use TikTok as a search engine for services, including legal help. Law firms creating educational content on TikTok can appear in both platform-specific and Google search results, expanding their digital footprint considerably.

YouTube: YouTube remains the second-largest search engine globally, making it essential for law firms focused on educational content. Short-form videos under 60 seconds receive 2.5 times more engagement than longer content, while the platform’s mobile-first consumption patterns favor vertical video formats.

Legal educational content performs particularly well on YouTube, with viewers actively searching for explanations of legal processes, rights information, and guidance on various legal issues.

A Strategic Approach to Video Marketing for Law Firms

Video content is a powerful way to connect with clients and build trust, but to maximize its impact, your firm needs to start with a clear strategy.

Establishing Clear Content Goals

Successful video marketing begins with defining specific objectives. Law firms should determine whether they’re prioritizing brand awareness, lead generation, client education, or thought leadership.

Brand awareness campaigns might focus on firm culture videos and attorney introductions, while lead generation efforts emphasize educational content addressing common legal problems. Thought leadership content positions attorneys as industry experts through commentary on legal trends and case developments.

Creating High-Quality, Accessible Content

Professional video production doesn’t require Hollywood budgets. In my experience, a simple video shot on a smartphone often drives more engagement than a highly-polished piece, simply because it feels more authentic and approachable. However, attention to basic quality elements is essential.

Keep videos concise and focused, typically lasting 2-3 minutes for educational content. The first few seconds are critical for capturing attention, so every video should open with a compelling hook that immediately communicates value to viewers.

Captions are mandatory for accessibility and engagement. Many users watch videos without sound, particularly in professional settings, making readable captions essential for message delivery.

Search Engine Optimization for Legal Videos

Video SEO requires strategic keyword incorporation in titles, descriptions, and tags. Law firms should research relevant legal terms their target clients use when searching for services, then naturally integrate these keywords into video metadata.

Embedding videos on firm websites improves both user engagement and search rankings. Pages with video content keep visitors engaged longer, signaling to search engines that the content provides value.

Creating video transcripts serves dual SEO purposes: improving accessibility while providing text content that search engines can index and rank.

Content Repurposing Strategies

Law firms can maximize the value of their video content through strategic repurposing. A single educational video can generate blog post content, social media posts, email newsletter segments, and website FAQ updates.

Live Q&A sessions can be edited into multiple shorter videos addressing individual questions. Webinar presentations can become a series of educational clips, each focusing on specific legal topics.

Takeaway

Video marketing has moved beyond optional for law firms—it’s become essential for remaining competitive in an increasingly saturated legal marketplace. By embracing video now, your firm will be well-positioned to establish thought leadership, nurture stronger client relationships, and capture market share from competitors still relying on more traditional marketing methods.

Orange County, August 2025

Fri, 01 Aug 2025 13:15:52 GMT

San Diego, August 2025

Fri, 01 Aug 2025 13:14:25 GMT

Empowering the Powerless

Fri, 01 Aug 2025 13:11:39 GMT

Contact

Robert F. Vaage

Vaage Law

402 W Broadway, Suite 1500

San Diego, CA 92101-8509

619-338-0505

rfvaage@vaagelaw.com

www.vaagelaw.com

When asked, “What makes you special?” Robert F. Vaage (pronounced “v-oh-gee”), founder of Vaage Law, says, “Nothing, really. I have good instincts and lots of experience in the courtroom. When I’m trying a case, I’m not just presenting evidence—I’m telling a story that resonates with jurors on a very human level. I’m sensing jury reactions, witness discomfort, shifting moods, and I’m adapting in real time. I don’t know if that makes me special, but it helps me in jury trials.”

The Making of a Trial Attorney

Vaage played a lot of sports growing up. “When you’re the youngest kid on the block by five years, you’d better be competitive or you won’t survive.” When he realized no one was going to pay him to play baseball for a living, he decided to go to law school. He thought a law career was a natural channel for his competitive nature, his sense of right and wrong, and his desire to help people who were unable to help themselves.

For a couple of years during law school in Sacramento, Vaage dabbled in politics, working with California Senate Pro Tempore David Roberti in the early 1980s to serve his community. It didn’t take long for Vaage to realize that he wasn’t cut out for politics. He decided there were other ways to help people.

After passing the bar, Vaage began his legal career in San Diego with the defense firm of Rhoades, Hollywood and Neil. Guided by mentors such as John Rhoades and Michael Neil, Vaage learned firsthand about reputation and credibility, about the strength and weight of one’s word and integrity. When Attorneys Rhoades or Neil spoke, everyone listened.

In 1986 he was recruited by Daniel T. Broderick III and began his career representing plaintiffs in personal injury cases. Broderick got his M.D. from Cornell University and his J.D. from Harvard Law School. He had a unique combination of medical knowledge and training plus legal acumen. Broderick, who was also good friends with Neil, reinforced the importance of credibility, reputation and integrity.

Vaage tried his first case in 1987 while working for Broderick and knew this was his calling. Vaage represented the parents of a 16-year-old teenager who died while participating in a state-mandated physical performance test at his high school. He collapsed during a six-minute jog/walk, complaining of leg cramps and exhaustion. He sat down on the grassy infield on the running track while the other students returned to the lockers. He was found unconscious 15-20 minutes later. If he had received CPR within six minutes, he would have survived.

Vaage tried the case against a very well-known defense lawyer, who was tough on young and inexperienced Vaage. The jury returned in two hours, 12-0 in his clients’ favor, awarding twice what Vaage asked. “It was my first time feeling the anticipation of waiting for the jury to come back and the exhilaration when the jury verdict is read. This is what I want to do—I want to be a trial attorney. I was congratulated by opposing counsel, who told me, ‘I’ve never been beat up so badly.’” Vaage learned two important things from his mentor, Dan Broderick: First, pay attention to detail in everything you do, and second, treat everyone with professionalism and respect.

Founder, Robert ‘Bob’ Vaage and Dakota

A Small Firm Born from Tragedy

Vaage says his life was a “blur” for two years after the tragic murder of Broderick in 1989. “He wasn’t just my mentor. He was my friend.” Vaage took the “Broderick cases” to Thorsnes, Bartolotta, McGuire & Padilla and tried 15 cases during those two years. During one stretch, he tried nine cases in ten months, going from closing argument in one case to arguing motions in limine in another. When the last of the cases was resolved, Vaage opened his own firm. “I wanted to set my own mark and standards. I wanted the successes and failures to be mine.”

Today, Vaage employs one associate attorney, three paralegals, an intake specialist and a legal secretary. “We’re a small firm. I made the choice not to create a large firm for two reasons: One was not wanting to rely on other people too much. And secondly, I wanted to control the number of cases I had so that I could provide the best possible service to each client.” Vaage has tried over 50 jury trials to verdict and represented patients in more than 30 Kaiser arbitrations. He was one of the youngest admittees to the American Board of Trial Advocates.

Vaage Law typically represents injured victims or the family of someone who has died as a result of the negligence of another. The injuries are significant, catastrophic, and life-altering. While a good percentage of the cases are medical negligence, others involve auto crashes, product liability, fraud, and pediatric dental malpractice.

This is Bob’s 1965 Corvette, which he takes to auto shows.

A Small Firm with Big Results

One of Vaage’s most dramatic and rewarding cases was a medical malpractice case against Kaiser where the arbitrator awarded $25,638,058.93 for a severely brain injured child. “Every once in a while, a case comes into the office—you can’t explain why, but you just can’t let it go.” At least a dozen other law firms turned the case down. There were over 50,000 pages of medical records. This is a child with a congenital abnormality of his bowels (jejunal atresia) who had a bowel perforation over 7 years earlier and was left with a feeding tube and a brain injury. The case was going to be expensive and time-consuming.

Vaage’s first expert said there wasn’t a case. Vaage would normally let the case go. But there was something about this child, about this family, that made him go painstakingly through the 50,000-plus pages of medical records. New experts confirmed that the doctors/nurses overfed this child leading to perforation, radiologists missed signs of pneumatosis (early sign of bowel ischemia) on imaging, and because the child’s blood pressure remained too low over an extended period of time, he suffered an ischemic brain injury. In the face of overwhelming evidence and expert opinions, Kaiser admitted negligence and causation. The case went to arbitration on damages only. “I still see the family and follow the child’s progress. He’s doing great.” This was one of the largest arbitration awards ever against Kaiser.

In a jail injury case, Collins v. County of San Diego, a jury awarded $12,617,674 against the County of San Diego. The jury found the sheriff’s deputies interfered with paramedics rendering aid to a 32-year-old man who was suffering from slurred speech, hallucinations, and trouble walking due to an electrolyte imbalance. He was arrested for being “drunk in public” and during his time in detention, he fell twice, striking his head and suffering a traumatic brain injury. By the time he reached the hospital, his sodium levels were critical, and he had brain bleeding and contusions. The county filed an appeal challenging the apportionment of damages, but the judgment was affirmed.

Kitrosser v. NuVasive was one of the first medical fraud case trials where the jury found that a medical device manufacturer conspired with a surgeon to commit fraud. The defendant’s neuromonitoring equipment failed to detect a dural tear during spine surgery. The plaintiff presented evidence that the device manufacturer had financial ties to the surgeon who was recommending the procedure, and that NuVasive knew and agreed that the doctor was going to make misrepresentations to the plaintiff about the safety of the device. The award was $2,490,252.

The first dental malpractice case that Vaage tried was Hernandez v. Rose Dental. A child suffered a mild anoxic brain injury as a result of the dentist and staff’s failure to monitor the child after the dental procedure where he was given oral conscious sedation. The jury found that the owner of the dental office violated several laws related to sedation of children. Vaage’s research discovered Denti-Cal (Medi-Cal) paid more for “behavior management” than “conscious sedation.” The biller at Rose Dental admitted to making up diagnoses based on Google searches to justify the behavior management billing code for plaintiff, who had no history of behavior problems. The case was also very difficult because the child had no physical signs of a brain injury, so Vaage presented circumstantial evidence of changes in the child’s behavior and a decrease in cognitive function. The jury awarded $3,550,000.

Vaage made case law in a pregnancy discrimination and retaliation case that resulted in a verdict against the County of San Diego. In Akers v. County of San Diego, the plaintiff was a deputy district attorney who claimed that after she complained about pregnancy discrimination, she was transferred and micro-managed. This was the first time Vaage used video excerpts and electronically projected exhibits and evidence during trial. Almost all of the witnesses were deputy district attorneys. The jury did not find pregnancy discrimination but did find retaliation. The County appealed. The Court of Appeal upheld the verdict, and in the published portion of the ruling specified what could constitute an “adverse action” under the discrimination retaliation statutes.

“There’s a mental aspect to it that a lot of people don’t realize. Jiu Jitsu is kind of a physical version of chess.” —Robert F. Vaage, Founder

Finding Balance

“If you can’t find a way to balance your professional life with your personal life, you’re going to burn out in this business. You need outlets,” Vaage explains.

Family means everything. “My wife, Susan, works in the office as a paralegal. She basically runs the office and allows me to do the few things I do well.” They have a daughter who is an auto mechanic and a son who is a patent and intellectual property attorney. Vaage’s mother lives in town and turns 100 years old in September. Vaage also has two Bernedoodles he affectionately refers to as 80-pound furballs.

Vaage also finds balance through exercise, travel, and charities. He works out every day, goes to hot yoga, and has been a student of Jiu Jitsu for several years now. Vaage likes the strategic thinking involved in Jiu Jitsu. “There’s a mental aspect to it that a lot of people don’t realize. Jiu Jitsu is kind of a physical version of chess. When you get good enough, you start thinking about moves and countermoves two and three moves ahead of your opponent.” He applies this way of thinking to his cases. “Every move is calculated. Seasoned trial lawyers know when to push, when to hold back, when to settle, and when to go to the mat. They see the whole chessboard, not just the next move.”

Vaage and his wife also enjoy adventurous travel. They have trekked after mountain gorillas in Uganda, watched the Great Migration on the Masai Mara Plains in Kenya, snorkeled with sea lions and sea turtles in the Galapagos Islands, hiked for a month in New Zealand, river rafted in wooden dories down the Grand Canyon, and walked the Inca Trail into Machu Picchu. Vaage’s travel mindset is “use it before you lose it.”

He enjoys music, and his tastes are eclectic, ranging from classical to rock to Cuban to Country Western to Mexican. He’s seen the Rolling Stones, Tom Petty, Bruce Springsteen, Dwight Yoakam, The Mavericks, Los Lobos, Ozomatli, and the Talking Heads (David Byrne), to name a few. Vaage and his wife go to the New Orleans Jazz Festival whenever possible, and music is almost always playing in the background when he’s home.

When he’s not traveling or working out, Vaage finds time to help his community. A program near to his heart is Reality Changers. He cites a personal story to illustrate the reason. His mother was the first of her family to go to college. She met a wealthy matron employed by the parks and recreation department who took her under her wing. Without that mentor, his mother said she would have been a hairdresser. Instead, she graduated from UCLA with a degree in education and was a bilingual teacher and administrator for the Los Angeles Unified School District for more than 40 years. Reality Changers works with underprivileged families so that their kids can be the first to go to college too. “The program is extraordinary for its successes. These are migrant families who want a better life for their children, and I’m proud to be a part of helping them achieve that.” Other charities he’s involved with are the San Diego Food Bank, ABOTA Civics Summit, Navy Seals Foundation, Hogar Infantil de Gloria (orphanage), and UCSD Sports Foundation.

Vaage says his life is about helping others. It defines him as an attorney and as a person. He uses every tool he has to help his clients succeed, whether it’s psychological insight, tactical finesse, dismantling an opposing witness with surgical precision, or unshakable poise in the courtroom. At this stage of his career, he also wants to share those hard-earned trial skills with his fellow attorneys, who, like him, want to try cases.

Founder, Robert ‘Bob’ Vaage

Built to Win, Driven to Serve

Fri, 01 Aug 2025 12:55:27 GMT

Contact

Bisnar Chase Personal Injury Attorneys, LLP

1301 Dove Street, Suite 120

Newport Beach, CA 92660

949-203-3814

www.bestattorney.com

Balancing Heartfelt Client Advocacy with Trailblazing Insights on Technology-Driven Defects in Today’s Legal Landscape

Brian Chase and the attorneys and staff at Bisnar Chase Personal Injury Attorneys, LLP stand out for two key reasons: their unwavering commitment to serving the common good and their leadership at the forefront of law and legal technology in a rapidly evolving industry.

The approach of the eight-attorney, 40-person firm with five offices has worked well for the firm and especially for their clients. Numbers don’t lie. A sampling of recent successes illustrates that point: $117,500,000 consumer class action; $38,650,000 motor vehicle accident; $32,698,073 auto product liability; $30,000,000 motorcycle accident; $24,744,764 defective seatback failure; $16,444,904 catastrophic pedestrian accident; $14,443,205 auto product liability; $12,248,000 auto product liability; 11,000,000 motor vehicle accident; $11,000,000 negligence facility death; $10,500,000 products liability; and $10,200,000 auto product liability. The firm has a 99 percent success rate, winning more than $1 million in verdicts and settlements.

Bisnar Chase was named Law Firm of the Year by the American Institute of Legal Professionals for the eighth consecutive year. Three of the firm’s attorneys were named in the Top Ten personal injury lawyers in the U.S. For the 11th consecutive year, Bisnar Chase was named one of the Best Places to Work in Orange County and the 2023-2025 Best Places to Work in Southern California from the LA Times.

In addition to the main office in Newport Beach, the firm provides services in Los Angeles, San Bernadino, Riverside, and San Diego. Practice areas include auto defects, catastrophic personal injury, trucking accidents, car accidents, motorcycle accidents, consumer and employment class action.

“I’m so impressed with this law firm. I lost my mother because of a seat defect when she was rear-ended in an auto accident and Bisnar Chase stepped up and took our case. The staff is wonderful and Brian Chase took his time explaining everything with me. I’m honored to have the best of the best working on our family’s behalf, trying to get justice for my mom, because of a negligent car company still manufacturing faulty seats. I look forward to working with this firm and am hopeful for a positive outcome. Thank you so much, Brian Chase. I know you will work your hardest on this case. God Bless you.” —Natalie C.

Ian Silvers (Partner, Trial Lawyer), Scott Ritsema (Partner, Trial Lawyer), Brian Chase (Managing Partner, Senior Trial Lawyer) and Steven Hilst (Partner, Trial Lawyer).

Uncommon Service for the Common Good

Managing Partner and Senior Trial Lawyer Brian Chase expresses the firm’s philosophy when he says, “It may sound trite these days, but I went to law school specifically because I wanted my life’s work to really mean something. I wanted to do work that matters for the common good of my brothers and sisters out there. I specifically went to law school to become a personal injury attorney and because I wanted to do auto products liability where I could achieve that goal.”

Chase cites a 2012 case in which the firm earned a $25 million verdict in Romine vs. Johnson Controls, which clarified the law on how product defects cases are proven in the State of California, especially with regard to automobile seatbacks. The auto industry petitioned the Supreme Court of California to depublish the opinion which failed. The published appellate opinion was delivered in 2014. He says that because of their client’s courage in taking her case to trial against seemingly overwhelming odds, she is indirectly helping thousands of people in California who have been injured by defective products who now have an easier time in court to prove their case. Chase, nicknamed “the seatback guy,” says, “I am happy now, 11 years later, that it’s still the law of the land and is still helping consumers in all kinds of product liability cases, even non-auto defect cases. Helping the ‘little guy’ win a big case against big odds proves to me that I made the right career choice.”

Bisnar Chase has been involved in a number of other highly-significant cases. Martinez vs. Ford Motor Company, an auto products case concerning forum non conveniens, which established certain circumstances in which FNC grant is inappropriate; Scheiber vs. Estate of Kiser which dealt with expert witness designations and the scope of percipient expert witness testimony; and Hernandez vs. State of California which dealt with governmental design and immunity and establishing two of three elements are statements of fact for the jury, not the court, to decide.

They often represent individual people and families who are struggling with some of the biggest challenges of their lives. Chase mentions a case of someone who must be carried up and down to or from a second-floor apartment—someone who is paralyzed and physically unable to climb stairs. The case involves a back seat incident. Because of the firm’s representation she will acquire a single-floor house. The doors in the client’s house will be widened so she can move around freely. Ramps will be placed at the doors so she can enter and exit easily.

Chase says the cases they handle benefit their clients, but also indirectly they help the people who are or who will become clients of other attorneys and other firms. Even though Bisnar Chase is often in the “David vs. Goliath” position, every time they get a verdict or a settlement on their cases, the decisions automatically affect corporate behavior, Chase says. “Obviously I can’t take down Ford Motor Company or General Motors or Elon Musk by myself. But the hundreds or thousands of lawyers across the country that do what I do, and what my predecessors did, all of us together are all making cars and other products safer for everyone—for the common good. When a parent drives his or her kids to a soccer game, to school, to the doctor’s office or wherever, they’re a heck of a lot safer because of people like us.”

Lindsay Graves (Associate, Trial Lawyer), Eric Chun (Associate, Trial Lawyer), Ian Silvers (Partner, Trial Lawyer), Scott Ritsema (Partner, Trial Lawyer), Brian Chase (Managing Partner, Senior Trial Lawyer), Steven Hilst (Partner, Trial Lawyer), Michael Teiman (Associate, Trial Lawyer) and Jake Cohen (Senior Associate, Trial Lawyer).

Leading the Cutting Edge

Chase says products may get better and that is certainly true of automobiles today. He also notes, however, that there are now brand-new defects that many lawyers do not recognize.

For example, roof-crush cases are on the decline because roofs are stronger than they were a decade ago. Cars have electronic stability control, so the number of rollover cases have also declined. Airbags have gotten better since the 1990s, so those and other types of cases have declined. Yet, seatbacks are as defective as they were 30 years ago when they were constructed to 50-year-old standards, Chase says. Seats are still failing, which causes paralyzing accidents and catastrophic injuries. People get broken necks or catastrophic brain damage or both. Children in back seats can be seriously harmed when a front seat fails and the driver or passenger is thrown backwards. There are still missed opportunities for savvy attorneys to better serve their clients these days.

Collision avoidance technology and automatic emergency braking technology have lessened the number of rear-end accidents. Instead of hitting a car at 40 or 50 or 60 mph, the car will either stop depending on how fast it’s going or instead of hitting it at 40 or 50 it may rear end it at 10 or 20 miles an hour, which will not to break the seat. “This is important technology for a whole host of reasons to minimize serious and catastrophic injuries and car crashes. Too many attorneys don’t realize the effects of these dramatic changes on the status of their cases and other potential defendants.”

Attorneys who do not handle product liability cases may not realize they have such a case on their hands. If a roof crushes on a car many lawyers are not going to miss that because if someone’s catastrophically injured and the roof is down to the doors they’re going to think ‘I wonder if that’s a defect’ and they’re going to talk to somebody like me about that. But this collision avoidance technology is just now getting “on the radar” because it’s not readily apparent to attorneys not trained to look for such things.

Chase says he makes presentations to attorneys and attorney groups all over the country and has often been approached by lawyers who were completely unaware of such matters. “Everybody seems to be missing these CAT and AEB cases. It’s time for attorneys to get up to speed on the learning curve in this area.”

And the reason I know they’re missing them is I give presentations all over the country and I’ve spoken on this subject during the last couple years. Several lawyers approach me saying they were completely unaware of this situation. “’What about this case I have in my office right now?’ or ‘What about this other case?’ they ask. I objectively know they’re missing those cases. It’s unfortunate because, one, the firm loses income, but, two and more importantly, the firm loses an opportunity to better serve a client in need.”

He cites an example of such a case that happened as recently as this spring. A driver in a car with a dash cam video was driving down a freeway at night. Ahead a young man on a motorcycle who was about 100 yards ahead signaled for a lane change. He was apparently having a malfunction with some part of his motorcycle. As the cyclist moved to the shoulder, the drive rear-ended him, which resulted in the cyclist’s death. If that car had collision avoidance technology or automatic emergency braking that car should have stopped and this would have never happened. Something was wrong, something attorneys who weren’t looking for it missed.

The cyclist’s family hired a lawyer to represent the kid on the motorcycle for wrongful death. That law firm collected an insurance policy and then closed the case. Had the attorneys done their due diligence, they would have realized they had a product liability case in hand because the car, a 2022 model, should have had anti-collision and automatic breaking technology installed. Either the equipment malfunctioned or perhaps the driver had disabled it. Either way, the original attorneys completely missed a case against the automobile manufacturer.

Chase says, “It happens all the time and so I’m really driven to get the word out on this. You know obviously selfishly of course I want to get the cases but more importantly I don’t want lawyers giving bad advice. They owe it to their clients that, aside from collecting a $15,000 policy, a $100,000 policy, or a million-dollar policy, they owe it to their client to say ‘I don’t do products liability but you may have a case here.’ The client deserves to know that and not go home and find out five years later that their lawyer missed a case.”

“Everything they said they would do, was done! The worst part of my experience with Bisnar Chase was when the case was finalized and I felt like I’d lose the friendship I established with the firm. I always appreciated the kindness I was shown by the staff when I was in the office. My overall feeling of Bisnar Chase was that I was represented by the best law firm in California.” —L. Jones

Brian Chase, Managing Partner, Senior Trial Lawyer

Keeping a Promise

Everyone at Bisnar Chase is aware of a promise John Bisnar made to himself when just beginning his legal career. It is a promise the entire team is committed to keeping. The promise emerged from an experience he had with one of his law school professors who was a famous personal injury attorney. Bisnar saw firsthand how the attorney/professor did a poor job of representing his clients. Because of that early experience he vowed that his clients would get the highest quality of professional service he could possibly provide. He and his people kept that promise when he formed Bisnar & Associates in 1978. The promise became a shared experience with a larger group of professionals in 1998 when he and Brian Chase formed Bisnar Chase. Since then, they have represented more than 14,000 clients, keeping that promise with each one.

Elevate Everyone You Encounter

Fri, 01 Aug 2025 12:03:02 GMT

I had coffee with a managing partner last week who made an observation that stuck with me. He said he could predict which attorneys in his firm would become rainmakers by watching how they treated the receptionist, the mailroom staff, and the cleaning crew. It wasn’t about their legal skills or their pedigree from prestigious law schools. It was about something far more fundamental about their character and long-term potential.

The principle of elevating everyone you encounter isn’t just feel-good philosophy wrapped in corporate speak. It’s smart business practice rooted in practical reality. In professional services, particularly in law firms, your reputation precedes you into every room, every negotiation, and every potential client relationship. That reputation gets built through countless small interactions with people at every level of the professional ecosystem. The paralegal you dismiss today might become a general counsel tomorrow. The junior associate you mentor could refer significant business your way in five years. The court clerk you treat with respect will remember your professionalism when you need a favor during a tight filing deadline.

I’ve witnessed this dynamic play out repeatedly in my practice. One attorney I know always took time to learn the names of security guards, administrative assistants, and IT support staff at every office building he visited. This wasn’t calculated networking; it was genuine respect for people doing important work. Years later, when he was pursuing a major client housed in one of those buildings, the security guard remembered him and provided insights about the company’s culture and decision-making process that proved invaluable in winning the engagement. Meanwhile, another lawyer I encountered consistently treated support staff as invisible obstacles to his important work. Word travels fast in professional circles, and his reputation for arrogance preceded him, costing him opportunities he never even knew existed.

The mathematics of professional relationships makes this approach even more compelling. Every person you encounter knows other people, and those connections form an intricate web of influence that extends far beyond what’s visible on organizational charts. The bookkeeper at your client’s company might be married to a procurement officer at a Fortune 500 company. The court reporter in your deposition could be related to a partner at a competing firm who’s looking for co-counsel on a complex matter. When you consistently elevate others through genuine interest in their perspectives, respectful communication, and acknowledgment of their contributions, you’re making deposits into a relationship bank account that compounds over time.

The most successful professionals I represent understand that elevating others isn’t about being nice for their own sake, though kindness certainly matters. It’s about recognizing that every interaction is an opportunity to build your reputation as someone worth working with, someone who sees the value in all people regardless of their position on the corporate ladder. This mindset transforms routine encounters into relationship-building opportunities and turns everyday professional interactions into investments in your long-term success. Your calendar reveals your priorities, but your treatment of others reveals your character. Both matter immensely in building a sustainable practice and a meaningful career.

Your Law Career Is a House of Cards Without a Book of Business

Fri, 01 Aug 2025 12:00:08 GMT

Let me tell you a truth that will make every partner at your firm uncomfortable: if you don’t have a book of business, you don’t have a career. You have a job. And jobs disappear.

I’ve watched brilliant lawyers get shown the door during economic downturns, firm mergers, and practice group restructurings. These weren’t bad lawyers. They were excellent technicians who made one fatal mistake: they believed someone else was responsible for their career security.

Here’s another uncomfortable truth: the profession has failed catastrophically at teaching lawyers how to generate business. Law schools don’t teach it. Firms give lip service to it. Partners hoard the knowledge like state secrets. The result? A profession full of technical experts who can’t feed themselves.

The Business Development Crisis Is Real

The numbers tell a devastating story. Walk into any law firm and count how many lawyers actually have portable business. It’s not many. Most attorneys are completely dependent on others for their livelihood, and they don’t even realize how precarious their position is.

The lawyers who don’t develop business within their first decade of practice consistently earn less over their careers. The gap only widens with time. But the real cost isn’t just financial. It’s personal. I’ve seen lawyers stuck in toxic work environments because they can’t leave. I’ve watched brilliant minds accept below-market compensation because they have no leverage. I’ve witnessed careers derailed by politics because the lawyer had no independent value proposition.

The firms suffer, too. When business development is concentrated among a few senior partners, firms face massive revenue volatility. When those partners retire or leave, the revenue walks out the door with them. Yet firms continue to perpetuate a system that creates this vulnerability.

The Mythology That’s Killing Your Career

The legal profession has created a mythology around business development that’s actively harmful. We’ve convinced ourselves that rainmakers are born, not made. That you need to be a natural salesperson. That introverts can’t succeed. That business development requires playing golf and attending cocktail parties.

All of this is hot garbage.

I’ve worked with lawyers who hate networking events. Who’ve never played golf with a client. Who don’t do TikTok dances. Yet they’ve generated tens of millions in business over their career. How? Because they learned that business development is a system, not a personality trait.

The most successful business developers I know aren’t the loudest people in the room. They’re the most systematic. They understand that business development is about solving problems, building relationships, and creating value. These are learnable skills.

The Introvert Advantage

Here’s something that will shock the golf-playing, cocktail-circuit crowd: introverts often make better business developers than extroverts. Why? Because business development isn’t about being the life of the party. It’s about listening, understanding problems, and building trust.

Introverted professionals excel at:

Deep listening (the foundation of understanding client needs)
Building one-on-one relationships (where real business happens)
Thoughtful follow-up (the key to converting prospects)
Consultative approach (what clients actually want)

The extroverted rainmaker who works the room might get attention, but the introvert who has deep conversations with three people often gets the business.

The Skills You Actually Need

Real business development isn’t about charm. It’s about competence in five areas:

Problem identification: You need to understand the challenges your prospects face better than they do. This requires research, curiosity, and the ability to ask probing questions.

Value articulation: You must clearly communicate how you solve problems differently and better than alternatives. This is about positioning, not personality.

Relationship building: This isn’t about being likeable. It’s about being reliable, insightful, and valuable to be around.

Process management: Successful business developers have systems for identifying prospects, nurturing relationships, and converting opportunities. It’s project management, not magic.

Persistent follow-up: Most business comes from multiple contacts over time, not from the first meeting. This requires discipline, not charisma.

The Control You’re Missing

The fundamental issue isn’t that lawyers can’t generate business. It’s that they’ve never been taught how. Law school’s focus on technical skills. Firms promote based on billable hours. The profession rewards everything except the one skill that actually controls your career trajectory.

When you have a book of business, you have options. You can choose your clients, your matters, your compensation, and your work environment. You can weather economic storms. You can build wealth instead of just earning a salary.

Without a book of business, you’re at the mercy of others’ decisions. Your career is subject to firm politics, economic cycles, and the whims of partners who may or may not have your best interests at heart.

AI for Small Law Firms: Work Smarter, Cut Costs, Win More

Fri, 01 Aug 2025 11:54:35 GMT

If you’re reading legal briefs late at night because administrative tasks consumed your day, you’re not alone. But you don’t have to accept this as the inevitable cost of managing a small law firm.

Artificial intelligence (AI) offers small firms a path to compete with larger practices without the overhead. AI tools automate routine tasks, accelerate document review, and enhance client communication—all while reducing operational costs.

In this guide, we’ll show you how AI for small law firms addresses the common challenges legal professionals face, cover specific applications, and highlight the best legal AI tools that can make a real difference in your daily operations.

What Is AI For Small Law Firms?

AI for small law firms refers to technology that performs tasks traditionally requiring human intelligence, such as reviewing contracts, researching case law, or drafting routine communications. AI-powered solutions for lawyers address the unique challenges small legal practices face:

Wearing too many hats. When you’re the lawyer, office manager, and IT department all rolled into one, routine tasks eat up hours you could spend on client work. AI handles lots of these repetitive tasks, freeing you to focus on practicing law.
Being constrained by tight budgets. Hiring another associate or paralegal isn’t always feasible for small law firms. AI can help cover staffing gaps without the overhead of salary, benefits, and office space.
Dealing with high client expectations. They want rapid responses and comprehensive service without premium pricing. AI helps you deliver faster turnaround times without sacrificing quality or burning out your team.
Handling time-consuming legal tasks. Document review, legal research, and contract drafting take time. AI dramatically reduces this time, allowing you to take on more cases or maintain reasonable work hours.

The bottom line: AI empowers you to focus on high-value legal work by handling routine tasks efficiently. Instead of drowning in administrative work, you can focus on delivering exceptional client service and building strong relationships.

Why AI is a Game-Changer For Small Law Firms

Every minute counts for small law firms. You can’t afford to waste time on mundane tasks, and you can’t compete by simply working longer hours. Traditional solutions—hiring more staff or extending work days—aren’t realistic for most small practices. Budget constraints make expansion difficult, while overworking impacts your well-being and quality of client service.

AI for small law firms becomes transformative by acting as your tireless legal partner, handling tedious work while you focus on high-value legal tasks. When you integrate technology like AI into your practice, you can:

Get organized and work faster. AI automates time-consuming work like client follow-ups and routine document drafting. Instead of spending hours on repetitive tasks, you focus on complex legal analysis and client relationship building.

Better utilize your staff’s time. Rather than having your paralegals take on time-consuming document review tasks or, paying to outsource legal work, AI handles these tasks at a fraction of the cost, allowing you and your team to focus more on the tasks that only you can do.

Compete like the big firms. AI provides capabilities that previously required substantial budgets and large teams. You can deliver faster turnaround times, more strategic guidance, and faster legal research and case analysis, and provide the responsiveness that wins cases and retains clients.

What makes AI especially powerful is its effortless integration. It doesn’t require overhauling your entire practice—but it does take a bit of learning. Fortunately, today’s legal AI tools are designed to be intuitive, so you can start seeing benefits without needing to master complex systems. AI tools work behind the scenes to handle existing work faster and more efficiently.

7 Practical Ways AI Can Help Your Small Law Firm

You don’t need to overhaul your entire practice to benefit from AI. Start with these seven applications that tackle daily tasks currently consuming your time and resources.

Legal research. AI-powered research tools analyze case law, statutes, and regulations in minutes rather than hours. You can ask questions like “find recent cases about employment discrimination in remote work situations” and receive comprehensive results with key findings summaries.

Why it matters: Research that previously consumed large portions of your day now takes minutes. You’ll discover relevant precedents you might have missed and gain the insights needed to build stronger legal arguments.
Drafting and contracts. AI tools handle initial drafts while you focus on strategy and client needs. These platforms generate contracts, pleadings, and correspondence based on your specifications and past work. They also learn your writing style and incorporate your firm’s preferred language.

Why it matters: Dramatically reduce initial drafting time, maintain consistency across all documents, and minimize errors through intelligent template generation that remembers your preferences and standards.
Client intake and CRM. AI qualifies leads, schedules appointments, and gathers case information through automated systems operating 24/7, ensuring you never miss potential clients. Smart intake forms adapt questions based on responses and flag high-priority cases for immediate attention.

Why it matters: Capture leads during off-hours, respond faster than competitors, and collect necessary information right away while providing immediate engagement to potential clients.
Document review. AI tools (such as Clio Duo) enable you to process large document sets without additional staff. It identifies key information in contracts, discovery documents, and case files, flagging important clauses, finding inconsistencies, and extracting relevant data for analysis.

Why it matters: Complete discovery document review in a fraction of the time, improve accuracy in finding relevant information, and handle larger cases without proportionally increasing costs.
Billing and time tracking. AI automatically tracks time spent on different activities, suggests appropriate billing codes, and identifies potential billing opportunities you might miss when you’re focused on the work itself.

Why it matters: Capture more billable time accurately, reduce administrative overhead, and provide clients with detailed bills that demonstrate the value delivered.
Compliance and risk. Stay current with regulatory changes without dedicating hours to monitoring updates. AI tools track regulatory developments, identify compliance requirements for clients, and flag potential risks in matters or firm operations.

Why it matters: Prevent compliance violations that could harm clients or your practice, maintain current knowledge of changing laws, and identify potential issues before they become costly problems.
Marketing and SEO. Build your practice while you focus on practicing law. AI optimizes your firm’s online presence, creates content demonstrating expertise, and identifies potential clients through targeted marketing campaigns.

Why it matters: Improve search rankings so potential clients find you first, generate qualified leads consistently, and maintain professional marketing efforts without additional overhead costs.

Best AI Tools For Small Law Firms In 2025

Choosing the right AI tools shouldn’t add to your stress when you’re already stretched thin. These AI tools for small law firms deliver real value—with many practices finding that they pay for themselves through time savings and improved efficiency.

Clio Duo

What it does: Clio Duo is your dynamic AI-powered partner, built into Clio’s legal practice management software. It automates everyday tasks like: quickly accessing information on clients, and cases, bill generation, speeding up document reviews with summarization, and streamlines client replies without the need to type out every message—all while you focus on practicing law.

Why small firms love it: You eliminate the complexity of learning multiple systems, paying for separate subscriptions, or switching between platforms throughout your day—Clio Duo lives inside Clio Manage, making it easy to access and use your case information all in one place. The AI handles routine tasks while you manage everything from one dashboard.

Clio Duo’s AI capabilities offer a user-friendly interface that requires minimal training. And since it’s designed specifically for the legal industry, it provides features that address unique legal needs.

Investment: Clio Duo’s AI capabilities are built into Clio Manage and available as an optional add-on to your Clio Manage account.

CoCounsel by Thomson Reuters

What it does: CoCounsel is an AI legal assistant handling research, document review, and contract analysis with integration into existing legal research workflows.

Why small firms love it: CoCounsel reduces research time and integrates seamlessly with Westlaw, if you’re already using it. The analysis quality is reliable enough to build legal arguments upon, with citations and reasoning users can trust.

Investment: CoCounsel Core starts at $225/user/month, with custom pricing available based on usage and firm size.

LawGeex

What it does: LawGeex provides automated contract review and analysis that identifies risks, missing clauses, and suggests improvements without human intervention.

Why small firms love it: LawGeex reviews contracts in minutes, catches issues you might overlook, and helps provide strong client service through comprehensive analysis that clients value.

Investment: Basic plan starts at $39/month, with custom enterprise pricing typically ranging from $500 to $2,000 per month depending on contract volume and features needed.

Lawmatics

What it does: Lawmatics offers client intake and CRM with AI that qualifies leads and manages the entire client acquisition process automatically.

Why small firms love it: Lawmatics makes sure you never miss potential clients again. The system operates 24/7 to capture leads and gather information, even when you’re in court or focused on other clients.

Investment: Starting around $69/month with various plan options available.

Lexis+ AI

What it does: Lexis+ AI is a comprehensive legal research platform with integrated AI assistant that drafts, summarizes, and analyzes legal documents while connecting to extensive legal databases.

Why small firms choose it: Lexis+ AI combines powerful research capabilities with document drafting in one platform. The AI assistant helps with everything from case research to generating first drafts of motions and briefs, backed by LexisNexis’s trusted legal content.

Investment: Lexis+ plans range from $80 to $135 per month per user, with AI features available as add-ons. Custom pricing is available for specific firm needs and multi-year contracts.

Spellbook

What it does: Spellbook is an AI-powered contract drafting and review tool that works directly inside Microsoft Word, generating clauses and redlining contracts without switching platforms.

Why small firms choose it: Spellbook seamlessly integrates with Word, which means no workflow disruption, while its AI learns your firm’s drafting style and preferences.

Investment: Custom pricing based on team size, with reports suggesting approximately $180/month per user.

Addressing Concerns: Ethics, Costs, and Risks

While small firms are often seen as technology leaders, they’re actually falling behind their larger counterparts when it comes to AI adoption. The 2025 Legal Trends for Solo and Small Law Firms report found that only 4% of small law firms have adopted AI widely or universally. However, momentum is building—over 80% of legal professionals expect AI usage to increase in the next year.

The key to introducing AI into your firm is separating legitimate concerns from unfounded fears. Let’s examine the main ones.

“What about client confidentiality?”

Confidentiality is the most common concern, and it’s absolutely the right question to ask.

Legal-specific AI tools use enterprise-grade security, often exceeding what most small firms have in place. Tools like Clio Duo are specifically designed for legal professionals, with audit log functionality that tracks all AI activity and ensures your data isn’t used to train external AI models.

Many state bars—such as California, Florida, New York—have released ethics opinions in 2024–2025 requiring attorneys to supervise AI outputs and disclose AI use in client work under certain circumstances. This is part of a broader move to ensure lawyers meet their ethical obligations under rules governing competence, confidentiality, and the supervision of nonlawyer assistants.

When choosing an AI tool for your small law firm, you need to do your homework. Review vendor security policies, take the time to understand where your data is stored, and ensure any tool meets your state bar’s confidentiality requirements. But don’t let security concerns stop you from tools that actually improve your data security.

“Is it reliable?”

This concern drives much of the hesitation around AI adoption. The American Bar Association’s 2024 Legal Technology Survey Report found that the greatest barrier to entry is the belief that AI is not completely accurate. Three-quarters of surveyed attorneys cited concerns about AI-generated hallucinations—instances where AI produces plausible-sounding but incorrect information—as their primary reason for avoiding the technology.

The key isn’t expecting perfection from AI, but rather implementing it responsibly. Successful firms pair AI with human oversight, applying guardrails and verification processes to ensure accuracy.

“Can we actually afford this?”

Small firm budgets demand that every expense justify itself quickly.

Most AI tools cost significantly less than hiring extra support. You’re typically looking at $50-$200 per month per user for tools saving hours of work daily. Compare this to $3,000-$5,000 monthly for a paralegal, plus benefits, training, and office space.

“Will AI replace lawyers?”

The short answer: no. AI can’t provide legal judgment, counsel clients through difficult decisions, or advocate in court. It also can’t build relationships, negotiate complex deals, or comfort clients facing legal challenges. These fundamentally human aspects of legal practice remain irreplaceable.

What it does do is handle the routine work that takes time away from practicing law. That includes work like document review, initial research, and first drafts—tasks that are necessary but don’t require legal judgment.

Eager to learn more about when to use (and not use) AI in your small law firm? Watch our recent webinar recording.

How To Get Started With AI In Your Law Firm

When it comes to AI for small law firms, you don’t need to transform your entire practice overnight. The best approach is to start small, and then expand from there. Here’s your roadmap for implementing AI for small law firms without disrupting what’s already working.

Identify your biggest time drain. Take a careful look at your typical week and identify where you spend time on work that doesn’t require legal judgment. The goal is to find tasks that consume your hours but don’t demand your expertise.

Start by tracking one week of your time, noting when you’re doing work that could be handled by someone else. Common culprits include staying late to finish document drafts, spending entire afternoons on legal research, or losing potential clients because you can’t respond to inquiries quickly enough.
Choose the right tool. Not all AI tools are created equal, and generic business solutions won’t meet your needs as a legal professional. Focus on solutions built specifically for law firms, as these understand confidentiality requirements, integrate with legal workflows, and provide features relevant to your practice.

Before committing to any tool, invest time in research. Read reviews from other small firms rather than relying on vendor testimonials, since solo practitioners and small teams have different needs than large corporate legal departments. Take advantage of free trials or webinars to see whether the tool actually works for your specific practice area and workflow.

Pay attention to vendor support quality during your evaluation. Even the best AI tool is useless without reliable support.
Start with one solution. This might be the most important step, and it’s where many firms go wrong. Implement one tool completely before adding another. Your team needs time to adapt, and it’s wise to see real results before expanding your AI toolkit.

Choose your timing carefully. Avoid starting during your busiest periods like trial season or tax deadlines. Instead, pick a relatively calm period where you can dedicate attention to learning without compromising client service.

Getting buy-in from your team is crucial, especially if you have support staff who will be using the tool daily. Explain not just what you’re implementing, but why it will make their work easier and more interesting. Set realistic expectations about the learning curve—most people need a few weeks to feel comfortable with new workflows, and that’s perfectly normal.
Invest in training. The difference between AI tools that transform your practice and AI tools that frustrate your team usually comes down to training. Most vendors offer onboarding sessions, video tutorials, and ongoing support, but you need to take advantage of these resources.

Schedule dedicated learning time rather than trying to squeeze training between client work. This means blocking out time on your calendar just like you would for continuing education.

A great starting point is Clio’s legal AI course—a free, self-paced program designed specifically for legal professionals to build confidence in using AI effectively and ethically. Invite everyone who will use the tool, including support staff, since they often discover practical applications that lawyers miss.

Practice with real examples from your practice rather than generic scenarios. If you’re implementing a document drafting tool, use your actual templates and client matters for training. This makes the learning more relevant and helps you identify potential issues before they affect client work.
Measure what matters. Track specific improvements to justify the investment and guide future decisions. The key is measuring concrete changes rather than general impressions.

Focus on metrics that directly impact your bottom line. That might be time savings on specific tasks like research or drafting, increases in billable hours captured through better time tracking, improvements in client response times, and reductions in errors or missed deadlines.

For example, if you implement an AI research tool, track how long research takes before and after implementation. If you add automated client intake, measure how many more leads you capture and convert. These concrete measurements help you understand ROI and make informed decisions about expanding AI use in your practice.

The Final Word On AI For Small Law Firms

AI offers small law firms a powerful opportunity to compete more effectively while reducing costs and improving client service. The efficiency gains and competitive advantages make AI adoption increasingly necessary for firms wanting to thrive in today’s market. The firms implementing AI now will build stronger practices and serve clients better. Those who wait risk falling behind competitors who are already using AI to their advantage.

Yes, Your Referrals Are Actually Validating You on Google First

Fri, 01 Aug 2025 11:45:11 GMT

The most dangerous assumption in legal business development is that referred clients bypass digital scrutiny. New data from 9Sail’s forthcoming Am Law 200 Digital Visibility Report reveals a stark reality: 56% of law firm website traffic comes from branded searches–i.e. prospects typing firm names directly into Google. These aren’t random browsers; they’re validating referrals before making contact.

Your referral network isn’t immune to digital failure. It’s the most vulnerable to it.

The New Referral Reality: Trust, Then Verify

The traditional referral model operated on transferred trust: a trusted peer or colleague recommended your firm, and that endorsement carried weight through to engagement. Today’s reality is more complex. Referrals still carry significant weight, but they’ve become the starting point for independent validation rather than the endpoint for decision-making.

When 56% of your website traffic represents branded searches, you’re witnessing modern legal buyers at work. They receive a referral, then immediately conduct their own research. They’re not questioning the referrer’s judgment. They’re supplementing it with firsthand digital experience.

This shift creates a compound risk scenario. Referrals represent pre-qualified opportunities. These prospective clients arrive with intent and context. Digital friction at this stage doesn’t just cost you a potential new client, it can damage relationships that took years to build by undermining the credibility of the person who referred you.

The Silent Research Process: How Modern Legal Buyers Actually Vet Referrals

The contemporary client journey for referred prospects follows a predictable pattern that most firms fail to optimize for:

Step 1: Referral received— a trusted advisor recommends your firm for a specific capability or matter type.

Step 2: Immediate digital validation— within hours (often minutes), the prospect searches for your firm name on Google.

Step 3: Mobile-first evaluation— with more than half of website traffic occurring on mobile devices, prospects assess your digital presence on their phones, often during commutes, between meetings, or late in the evening.

Step 4: Contact decision— based on this digital experience, they either proceed to contact or quietly pursue alternatives.

Imagine this very real scenario: A Fortune 500 GC receives your firm’s name at 3 PM during an industry conference. By 9 PM, they’re in their hotel room, researching your firm on their phone. Your mobile site loads slowly, critical information is difficult to navigate, and finding contact details requires multiple taps through buried pages. Despite the strong referral, doubt and frustration creep in.

This isn’t hypothetical speculation. With 35% of Am Law 200 firms failing basic mobile performance standards, these situations play out daily across the legal industry. The tragedy is that many firms never learn about these silent rejections. Prospects simply move on without explanation.

Silent Rejection: When Digital Failure Kills Deals Before Contact

The most insidious aspect of digital validation failure is its invisibility. Unlike a declined meeting or rejected proposal, poor website performance generates no feedback loop. Prospects simply disappear, often without the referring party ever knowing what happened.

Research from Google shows that 53% of users abandon websites that take longer than three seconds to load on mobile devices. In legal services, where engagement values can reach millions of dollars, these abandonment rates translate into massive lost revenue potential.

Legal buyers have been conditioned by consumer digital experiences to expect immediate access to information, seamless mobile functionality, and intuitive navigation. The compound damage extends beyond immediate opportunity loss, leading to referrer relationship strain, conversion rate degradation, and more digitally sophisticated firms capturing opportunities that should have been yours.

Why Digital Infrastructure Is Now Reputation Infrastructure

Core Web Vitals data from the Am Law 200 tells a sobering story:

35 firms actually performed worse in Core Web Vitals in 2025 than 2024, indicating that digital infrastructure degraded over time rather than improved.

The average Page Speed Insights score of 59.8 represents a failing grade by Google’s standards, affecting how prospects experience firm websites.

72.4% of firms lost backlink authority signals, indicating weakening digital credibility markers that affect search visibility and perceived expertise.

Each of these metrics connects directly to business outcomes. Core Web Vitals affect how confident prospects feel about firm competence. Mobile performance influences whether referrals convert to contacts. Backlink erosion impacts how prominently firms appear in search results when prospects validate referrals.

The infrastructure analogy is deliberate and precise. Just as firms invest in office space, technology systems, and professional development to support business operations, digital infrastructure now requires similar strategic attention and resource allocation.

Digital Validation Is the New First Impression

The fundamental shift in legal buyer behavior requires corresponding evolution in how firms approach digital presence. Referrals haven’t become less important; rather, they’ve become more vulnerable to digital failure. The firms that recognize and address this vulnerability will capture opportunities that competitors lose to preventable digital friction.

Improvements won’t happen accidentally. They result from treating digital presence as business infrastructure rather than marketing afterthought. Successful firms share several characteristics:

Performance monitoring— regular assessment of Core Web Vitals, mobile usability, and contact path effectiveness with specific improvement targets.

Integration with business development— digital performance metrics integrated into business development reporting and discussions, connecting online performance to ROI.

User experience design— website architecture that prioritizes referred prospect needs: quick validation of expertise, easy access to relevant attorney information, and frictionless contact processes.

The evidence is clear: 56% of law firm website traffic represents referral validation in progress. These prospects arrive with intent, context, and preliminary trust. How they experience your digital presence in those critical first moments determines whether referrals convert to engagements or silently disappear to competitors.

Immediate Action Items:

Audit your mobile website experience using your phone, not your desktop

Test your contact process from the prospect perspective, including time-to-response measurement

Review core web vitals scores and establish improvement targets

Implement prominent contact mechanisms in website headers and footers

Create prospect-specific landing pages for common referral scenarios

Establish monthly digital performance reporting integrated with business development metrics

The risk of inaction extends beyond missed opportunities to damaged referrer relationships and weakened competitive positioning. The firms that treat digital validation as business infrastructure rather than marketing expense will systematically capture opportunities that competitors lose to preventable digital failures.

The question isn’t whether prospects will research your firm online—it’s whether your digital infrastructure will support or sabotage those critical validation moments.

Strategic Planning for Law Firms: Turning Metrics into Meaningful Change

Fri, 01 Aug 2025 11:40:34 GMT

At Society 54, we believe strategy shouldn’t be confined to a binder or pulled out for review only once a year. It should be actionable, dynamic, and directly tied to real-time insights into your firm’s operations. In today’s legal landscape, the most successful firms understand how to utilize quantifiable data not only to track performance but also to drive meaningful, organization-wide change.

Strategy Backed by Real Data

Strategic planning often begins with financial metrics, including profitability per attorney, realization rates, and revenue growth. These are essential, but they’re only part of the picture. A forward-thinking plan also looks inward at operational data, examining how internal teams collaborate, how long key processes take, and the allocation of resources.

By expanding the scope of what gets measured, firms gain visibility into the fundamental drivers of performance and culture. And when done right, that clarity enables leaders to develop strategies grounded in facts rather than assumptions.

Case Study: Rethinking Attorney Onboarding

One client came to us with a challenge familiar to many firms: their attorney onboarding process was inconsistent and overly complex. So, they began measuring everything—the number of internal touchpoints, time to productivity, and where new hires encountered difficulties.

By analyzing this data, the firm realized that multiple departments were duplicating efforts. They responded by developing a centralized onboarding framework that included a timeline, an ownership map, and a series of checklists and automation tools.

The result? The onboarding process transitioned from disjointed to seamless, resulting in increased attorney satisfaction. Practice group leaders also noticed that new hires contributed more quickly to the group. More importantly, the success of this initiative encouraged other departments to examine their processes, creating a ripple effect across the organization.

Case Study: Measuring the True Cost of a Signature Event

In another instance, a client’s Marketing and Business Development (“MBD”) team tracked hours spent on a marquee client event that had become a firm tradition. The data told a clear story: the event consumed hundreds of hours from high-level team members, pulling them away from other strategic initiatives.

By quantifying this time investment, the firm could make informed decisions. They outsourced specific logistics, streamlined workflows, and shifted internal focus to content and relationship-building. Not only did the team feel more energized and focused, but the event improved, and so did the return on investment.

The Bigger Picture: Driving Culture Shift with Metrics

These case studies aren’t just about process improvement; they’re about transformation. When firms begin to measure internal operations with the same rigor they apply to client billing, they unlock strategic opportunities across the organization.

Tracking internal data helps uncover blind spots. It creates shared language and accountability across departments. It enables firm leadership to align people, processes, and priorities in a manner that supports long-term success.

Build Your Culture to Embrace Curiosity and Continued Improvement

Using data to drive change isn’t about micromanagement; it’s about curiosity and a desire to learn and grow. When leaders and teams genuinely become interested in how work is done and how it could be improved, innovation follows. That’s how you build a strategy that’s not only measurable but truly transformative.

Ultimately, strategic planning becomes more than just a checklist. It becomes a tool for building alignment, enhancing culture, and driving the firm forward. The insights are already there; you need to start measuring what matters.

The firms that thrive aren’t just tracking metrics; they’re acting on them. If your strategic plan isn’t evolving in line with your data, you’re preserving the status quo, not making progress. Start with what matters, dig into how your firm operates, and use those insights to fuel real momentum. When strategy becomes part of the everyday, it stops being theoretical and starts driving transformation.

What to Track (Beyond Financial Metrics)

This list scratches the surface of the items that can be tracked to help strengthen performance and culture. Consider picking one or two as a starting point and building from there.

Internal collaboration metrics: Frequency of cross-functional meetings and outcomes of shared projects
Process timelines: Time required to complete standard internal workflows (e.g., proposal development, lateral onboarding)
Attorney engagement: Participation rates in firm initiatives such as mentorship, affinity programs, and BD training
Workload allocation: Distribution of work across attorneys and staff, highlighting bottlenecks or duplication
Client feedback loop: How often and how thoroughly client feedback is collected, shared, and acted upon
Training hours completed: Continuing education and development tracked at individual and group levels
Event/initiative ROI (time-based): Time spent versus value gained on non-billable initiatives

Adoption rates: Use of internal tools and resources, including CRM, knowledge systems, and project management software

Strategic Implementation: Turning Legal AI Vision Into Reality

Fri, 01 Aug 2025 11:34:21 GMT

The gap between AI’s promise and its practical implementation in legal organizations is substantial. After 25 years designing and deploying technology solutions in legal environments, I’ve observed a consistent pattern: the organizations that successfully bridge this gap focus less on cutting-edge algorithms and more on strategic implementation methodologies.

Technology is necessary but insufficient. Execution is where the real differentiation happens.

The Implementation Gap

Legal organizations often approach AI implementation with a technology-first mindset, focusing primarily on selecting advanced algorithms and platforms. This approach consistently under-delivers for three reasons:

Technology without strategy lacks direction. Without clear business objectives and implementation methodology, even the most sophisticated AI becomes a solution in search of a problem.
Tools without adoption create no value. Legal AI solutions that aren’t effectively integrated into workflows and embraced by users generate cost without corresponding benefit.
Capabilities without governance create risk. Advanced AI deployed without appropriate oversight can create ethical, privacy, and professional responsibility challenges that outweigh benefits.

The organizations that successfully harness AI’s potential have shifted their focus from technology selection to implementation methodology. Their approaches share common elements that create a blueprint for effective execution.

The Five Pillars of Effective Implementation

Through extensive work with legal organizations implementing AI solutions, I’ve identified five core elements that consistently differentiate successful initiatives.

Problem-Centric Approach

The most successful implementations begin with clear problem definitions rather than technology capabilities. This requires:

Specific problem articulation— defining exactly what needs to be solved in concrete terms
Quantifiable success metrics— establishing how outcomes will be measured
Prioritization frameworks— determining which problems should be addressed first

For example, rather than starting with “We need AI for contract review,” effective organizations might define the problem as: “Our current contract review process takes an average of 12 days, creating bottlenecks for the sales team and delaying revenue recognition. We need to reduce review time by 50% while maintaining or improving risk identification.”

This clarity creates focus, enables precise solution selection, and establishes measurable success criteria.

Architectural Thinking

Successful organizations approach AI not as isolated tools but as components in a broader architecture. This requires:

Process mapping— understanding how work currently flows through the organization
Integration planning— determining how AI tools will connect with existing systems
Data flow design— planning how information will move between systems and people

Consider a legal department implementing a contract analysis tool. Instead of viewing it as a standalone application, they map its connections to document management systems, knowledge repositories, and workflow tools. This architectural approach ensures that the AI solution enhances rather than disrupts existing processes.

This isn’t just systems integration. It’s about creating a coherent ecosystem where technology and human work complement each other.

Progressive Data Strategy

Data is the foundation of effective AI, but many legal organizations struggle with data quality and accessibility. Successful implementers adopt a progressive approach.

Start with available data— use what exists while building toward the ideal
Prioritize high-value improvements— focus first on data quality issues with the greatest impact
Build data governance incrementally— create sustainable processes that improve quality over time

For instance, a litigation practice might begin AI implementation using well-structured data from recent cases, while simultaneously developing processes to improve the organization of historical information. This enables immediate progress while building toward more comprehensive capabilities.

Perfect data isn’t a prerequisite for starting. Progressive improvement is the key to sustainable success.

Deliberate Change Management

Even the best-designed AI solutions fail without effective change management. Successful implementers focus on:

Stakeholder mapping— identifying who will be affected and how
Resistance analysis— understanding potential barriers to adoption
Value demonstration— showing clear benefits to users
Capability building— developing the skills needed for effective use

Consider a firm implementing an AI-powered legal research platform. They might identify partners who fear loss of control, associates concerned about skills development, and knowledge managers worried about quality control. By addressing these specific concerns and demonstrating how the platform enhances rather than threatens each stakeholder’s role, they dramatically increase adoption.

Technology implementation is ultimately human transformation.

Governance by Design

Rather than treating governance as an afterthought, successful organizations build it into the implementation process from the beginning.

Ethical frameworks— establish principles for responsible AI use

Quality control mechanisms— create processes to verify AI outputs

Responsibility models— clarify who is accountable for different aspects of AI systems

Monitor protocols— implement ongoing oversight of AI performance

For example, a corporate legal department implementing an AI contract analysis tool might establish clear protocols for when attorney review is required, how anomalous results are handled, and who bears responsibility for decisions based on AI recommendations. This governance framework ensures the technology is used appropriately and responsibly.

Governance isn’t a constraint on innovation. It’s what makes innovation sustainable.

Implementation in Action: Three Success Patterns

Organizations that excel at AI implementation typically follow one of three primary patterns, each suited to different contexts:

The Targeted Pilot Approach

This pattern focuses on proving value quickly through narrow, well-defined implementations before scaling.

Start small— select a specific use case with clear boundaries

Prove value— demonstrate measurable benefits

Expand methodically— apply lessons learned to additional use cases

A global law firm used this approach when implementing AI-powered due diligence. They began with a single transaction type in one practice group, refined their approach based on results, and then expanded to additional practice areas. This incremental approach built confidence, developed expertise, and created advocates within the firm.

This pattern works particularly well in organizations with high skepticism or risk aversion.

The Platform Strategy

This approach focuses on building foundational capabilities that can support multiple applications.

Create core infrastructure— establish data, integration, and governance foundations
Enable experimentation— provide tools and frameworks for multiple initiatives
Centralize expertise— build a shared resource of technical and implementation knowledge

A large corporate legal department implemented this strategy by first focusing on document standardization, knowledge management infrastructure, and data governance frameworks. Once this foundation was established, they supported practice-specific AI initiatives across multiple legal functions with dramatically higher success rates than similar organizations.

This pattern is most effective in larger organizations with diverse use cases and significant resources.

The Transformational Approach

This pattern uses AI implementation as a catalyst for broader organizational change.

Reimagine processes— use implementation as an opportunity to redesign workflows

Evolve roles— redefine responsibilities in light of new capabilities

Shift metrics— create new measures of success aligned with technology capabilities

A mid-sized law firm used AI implementation to completely reimagine their litigation support function, redefining attorney, paralegal, and support staff roles while implementing new collaboration and service delivery models. The technology implementation served as the catalyst for a more fundamental transformation.

This pattern is most appropriate when existing processes are significantly underperforming or when external pressures necessitate radical change.

Common Implementation Pitfalls

Even with sound methodology, certain pitfalls consistently undermine AI implementation in legal organizations.

The perfection trap. Many organizations delay implementation while seeking perfect solutions or ideal data. This approach sacrifices immediate benefits while perfect solutions remain elusive.

The more effective approach focuses on progressive improvement: start with good enough solutions that deliver value today, while building toward better solutions tomorrow.

The isolated innovation model. Some organizations create innovation teams or labs disconnected from day-to-day operations. While these groups may develop impressive prototypes, their solutions often fail to translate into production because they lack practical context.

Successful organizations instead create integrated innovation models where technology experts work alongside legal practitioners in real operational contexts.

The technology tunnel vision. Organizations sometimes become fixated on technological sophistication at the expense of practical usability. This results in impressive capabilities that go unused because they don’t fit into actual work patterns.

The best implementations prioritize integration into daily workflow over technical sophistication, recognizing that adoption is the true measure of success.

The governance afterthought. Many organizations treat governance as something to be addressed after implementation, only to discover critical ethical, privacy, or responsibility issues that could have been anticipated.

Effective implementations incorporate governance considerations from the beginning, ensuring that solutions are both powerful and responsible.

Building Implementation Capability

For organizations looking to improve their AI implementation capabilities, three investments consistently deliver returns:

Develop Implementation Methodologies

Create standardized approaches to AI implementation that incorporate the five pillars discussed above. These methodologies should be:

Flexible enough to accommodate different use cases
Structured enough to ensure consistency
Practical enough to be used by non-specialists

The organizations with the highest success rates have clear, documented implementation methodologies that guide projects from conception through execution.

Build Cross-Functional Implementation Teams

Create teams that combine legal, technical, and operational perspectives. These teams should include:

Legal subject matter experts who understand the substantive work
Technical specialists who understand AI capabilities and limitations
Process designers who can reimagine workflows
Change facilitators who can drive adoption

The most successful organizations maintain standing implementation teams rather than assembling them ad hoc for each project.

Create Implementation Knowledge Management

Establish systems to capture and share implementation lessons. These should include:

Case studies documenting both successes and failures
Reusable components like requirements templates and evaluation frameworks
Knowledge-sharing mechanisms like communities of practice

Organizations that systematically learn from their implementation experiences dramatically improve their success rates over time.

The Future of Legal AI Implementation

As AI technology continues to advance, implementation capability will become an increasingly important differentiator. The organizations that excel won’t necessarily be those with the most advanced technology, but those that most effectively translate technological potential into practical value.

This isn’t just about operational efficiency. It’s about competitive advantage. Organizations that can consistently implement AI solutions faster and more effectively than their peers will deliver better client service, reduce costs, and attract top talent.

For legal professionals, developing implementation skills represents a significant career opportunity. The ability to bridge technical and legal domains, to translate between stakeholder needs and technological capabilities, is becoming increasingly valuable.

The future belongs not just to those who understand the technology, but to those who can implement it effectively. That’s where possibility becomes reality.

Do We Still Need Trial Court Judges? Or Is It Time to Let AI Take the Bench?

Fri, 01 Aug 2025 11:21:33 GMT

If you’re a judge reading this, take a breath. The goal here isn’t to paint you as the problem. Quite the opposite. The best judges—the ones who believe in the rule of law, who sweat the details and carry the weight of their decisions—are the very reason this question deserves serious thought.

Could a well-trained AI, with full access to case law, statutes, and party filings, deliver more consistent, more affordable, and more impartial trial-level decisions? Could it even outperform us?

Let’s test the idea—not out of disrespect for the bench, but out of respect for justice itself.

A System Rooted in Humanity—For Better and Worse

Our trial courts were built around human judgment. That made sense when typewriters ruled and precedent lived in books. But in a world of real-time language models and digital archives of every decision ever issued, we must ask: is tradition alone a good enough reason to keep relying on one person’s memory, mood, and mindset to decide the most important matters in people’s lives?

And more provocatively: how much longer can we pretend that “human discretion” is inherently better than structured logic?

The Case for AI in the Trial Courts

It’s cheaper. Much cheaper. Judges are well-paid—and they should be, given the gravity of their role. But with salaries north of $150,000 annually (not including staff, clerks, or pension obligations), trial courts are expensive to operate. An AI model capable of evaluating briefs, applying precedent, and issuing draft opinions could cost as little as $15–$50 per month. That’s not an argument to devalue human labor—it’s a fiscal reality that deserves attention in an era of strained public budgets.
AI has infinite recall. When asked to synthesize multiple cases and statutory provisions, a judge may lean on memory, experience, or a clerk’s memo. An AI, however, doesn’t forget. Give it full access to the Westlaw archive, or just upload the controlling authorities—and it can trace doctrinal threads with surgical precision. It’s not that AI is smarter than a judge. It’s that it doesn’t tire, doesn’t forget, and doesn’t rely on gut instinct.
No more bias. No more guesswork. Even the most conscientious judges can’t fully escape implicit bias. Whether it’s fatigue, frustration, or unconscious favoritism, human decisions are colored by context. In some trial courts—particularly family law—discretion is so vast that outcomes can shift dramatically depending on who’s presiding. As any lawyer for child custody appeals knows, the abuse of discretion standard makes reversals exceedingly rare. That discretion, for better or worse, can hide all manner of biases behind legally sufficient reasoning—meaning uttering the right magic words on the record before stating the ruling.
AI doesn’t play favorites. It doesn’t get annoyed at an attorney’s tone. It doesn’t rush a decision because the docket is heavy or lunch is late. It just applies law to fact.
No clerks, no court reporters, no translators. Real-time AI transcription is already approaching—if not surpassing—human court reporter accuracy. Add in multi-language translation capabilities, and you remove barriers for non-English speakers while capturing an immediate, searchable record. That’s not science fiction. That’s off-the-shelf capability today.

If you’re an appellate lawyer, imagine not having to explain to your client why they need to pay $4,000 or more for a transcript, on top of your legal fees. Instead, within one minute of the court proceeding ending, an automated email delivers a near-perfect transcript for free. It doesn’t matter how long the hearing lasted, how many objections were raised, or how many different languages were spoken—the transcript is in your inbox before you even leave the courtroom, and it didn’t cost a dime.
It’s not about replacing judges. It’s about improving justice. Some will read this and assume it’s an attack. That’s not the point. The point is that our justice system owes its stakeholders—litigants, taxpayers, and even judges themselves—an honest look at whether technology can help us deliver fairer, faster, and more consistent decisions. And in many contexts, AI can.

Addressing the Objections

“But judges bring empathy.”

Empathy, when misapplied, becomes bias. Justice isn’t supposed to turn on how sympathetic a party appears. The law should drive outcomes, not emotion—particularly in systems built on predictability and equal treatment.

“But what if the AI makes a mistake?”

So do humans. The difference is: AI can be audited. Every line of reasoning, every logic path, every weighted factor—visible. Line by line. Judges, by contrast, are black boxes. We can’t scan their thoughts or feelings, or decode what really swayed them in chambers. Maybe someday we’ll be able to render human emotion and bias into something measurable. But until then, only one system gives us source code we can read—and fix.

“But what about oral argument?”

Let lawyers still present live or recorded arguments. AI can evaluate not just the words, but tone and demeanor—perhaps more objectively than a fatigued bench at 4:45 p.m.

A Modest Proposal: Let’s Pilot It

Start small. A hybrid system in a civil docket. Judges review and override AI recommendations only if necessary. Track results. Measure appeal rates. Benchmark timelines. See whether litigants find the outcomes fairer, faster, and more consistent.

Justice demands humility—and the courage to improve even what we think works.

Final Word: Know Thy Judge? Or Know the Law?

Today, experienced attorneys know which counties lean conservative, which judges dislike certain arguments, and how to “read the room” rather than just cite the rule. That’s a problem.

You shouldn’t have to know your judge. You should only have to know the law.

AI might not be perfect. But it doesn’t need to be perfect to be better. It just has to be consistent, transparent, and free of personal agenda. That alone would be a revolution.

San Diego, July 2025

Tue, 01 Jul 2025 15:24:44 GMT

Orange County, July 2025

Tue, 01 Jul 2025 15:22:35 GMT

Above & Beyond: The MOET Law Group Way

Tue, 01 Jul 2025 15:20:18 GMT

Contact

Moet Law Group, APC

18818 Teller Avenue, Suite 250

Irvine, CA 92612

866-806-7425

www.moetlaw.com

From High School Friends to Legal Heavyweights, Etemadian and Moghadam Built a Firm That Treats Every Client Like Family

"My goal and dream have always been to create a law firm so competent that if my mother got in a car accident, I would feel more than comfortable and confident in the ability to represent our family and get us the best possible outcome. I think that’s what we try to embody as a firm as a whole, that we treat every client as family,” says Nima Etemadian.

Etemadian and Robert Moghadam founded MOET Law Group, APC, as a personal injury and criminal defense firm in 2018. They began in a virtual office and today occupy 10,000 sq. ft. of office space for their more than 40 employees, who include case managers, paralegals, attorneys, marketing and accounting staff, intake specialists, a lien negotiator, and legal assistants. They currently have offices in Irvine, Riverside, Los Angeles, Ontario, Bakersfield, San Dimas, and Novato. “Robert and I were ambitious with an entrepreneurial spirit even when we were kids. We’ve always pushed each other to go ‘above and beyond’ in everything we do. In fact, that phrase is officially one of our core values,” says Etemadian.

Their typical client is someone who has been injured in an accident and is overwhelmed with medical bills, missed work, and uncertainty about the future. They focus primarily on personal injury cases—including car accidents, slip and falls, pedestrian injuries, and more. Many clients have never worked with a lawyer before, so they place a premium on being approachable, transparent, and supportive throughout the entire process.

“Excellent Service and Results. Moet Law handled my accident case with skill and compassion. They were thorough, honest, and aggressive when it came to negotiating my settlement. I always felt supported and informed every step of the way. The outcome was better than I expected, and I have Moet Law to thank for that. I highly recommend them to anyone looking for legal help after an accident—they really know what they’re doing.” —Araceli Mendez

The two partners became best friends in high school. Later, they earned degrees from different universities. Each was attracted to a career in law, studied for the LSAT together, and entered the same law school. Moghadam says, “We shared the same dream and passion for starting a law firm—and we’re lucky enough to have made that dream a reality. Navigating the law and the business of the law with limited resources was tough—especially since we funded the firm ourselves. But those challenges ultimately pushed us to grow, adapt, and build a stronger foundation for the future.”

Etemadian says, “As close friends with a shared mindset and vision, we always thought it would be meaningful to work together and build something of our own. Starting a firm felt like a natural next step. Over time, our bond has only grown stronger—we don’t just consider each other friends anymore, but more like brothers and family.”

Robert Moghadam and Nima Etemadian, Founding Partners

A Shared Vision of Trust

A significant portion of the firm’s business comes from referrals from other attorneys and law firms. The attorneys and staff place a premium on respect for the other firm’s business relationships with their clients. They maintain a policy that features full transparency, and their referring party knows that the client is being taken care of through ongoing communication, compassion, aggressive advocacy, and the highest levels of respect. “We’ve secured millions in compensation for our clients, and we bring that same energy and tenacity across the board, whether the clients arrive at our door on their own or are referrals. Our ‘go above and beyond’ core value applies to all our clients,” Etemadian says.

The other core values are: “We, not me,” “Find a Way,” and “Be a Star.”

Some of the impetus for those values comes from a background in sports at a young age. Each partner grew up playing a variety of sports with a mindset that carries over into how they practice law. That drive to win, the discipline to train hard, and the refusal to back down, especially fuels how the attorneys and staff advocate for their clients. “We’re driven by a strong desire to win and that competitive spirit pushes us to go the extra mile in every case. It’s not just about legal strategy—it’s about heart, grit, and doing whatever it takes to come out on top for the people who trust us with their cases. We value our referral partners and see those relationships as long-term collaborations where everyone wins—especially the client.” Moghadam says.

The partners’ management style focuses on uplifting and holding their teams together. They do not micromanage, but make sure their staff has the autonomy to make certain decisions without always having to consult an attorney or either partner. Cases are audited and reviewed and every member of the team gets a weekly report card. “If a staff member comes and asks me a question, I generally don’t provide an immediate direct answer. I ask them their opinion on the solution to the problem. Given the right encouragement and support they always find their own answer. Allowing that autonomy balanced with full accountability, I think that approach has had the most impact, and again, sets us apart from other firms.”

Finding Ways to Go Above and Beyond

One example that reflects how they go beyond what others typically do is a recent car accident case in which their client was seriously injured. The client’s challenges were multiplied because their vehicle needed repairs and was in a body shop leaving the client without transportation for work and personal needs. The MOET Law Group staff arranged transportation to and from medical appointments to reduce their stress and help them focus on recovery. The firm has a policy of prioritizing client needs beyond legal requirements. They maintain communication, make sure the client has as many in-person meetings with their attorney as needed, and ensure that the client fully understands each step of the process.

Another case illustrates how the firm is shaped by the needs of their clients. They represented a client who suffered a severe injury that not only affected their physical health but also deeply impacted their family and daily life. Throughout the case, the attorneys realized that winning wasn’t just a legal battle—it also meant providing comprehensive support to their client throughout the process. Again, going above and beyond, they coordinated medical care, addressed financial concerns, and ensured the client felt heard and cared for.

Etemadian says there are many cases where his firm has helped clients buy their first homes or put themselves in a position where they don’t have to worry about their medical care for the rest of their lives. The team has repeatedly helped secure sound futures for their clients regardless of the physical, financial, and emotional challenges faced by those clients. “I’ve helped clients take care of their families by putting those folks in situations where they don’t have to worry for the rest of their lives. We have a profound effect on the lives of our clients not only during the legal wrangling, but throughout their lives.”

“What can I say? Great experience from this Law Firm! Very transparent & friendly. It’s hard to find a reliable Law Firm that actually cares about their customers nowadays. My mother and I were involved in an accident. My mother, who primarily speaks Spanish, was nervous about the whole process. Steven made her feel comfortable and actually spoke to her in Spanish. Thank you, Steven, Isaac & Reanna for your help! Definitely recommend!” —Carlos Castillo Jr.

Nima Etemadian, Founding Partner

Taking a Lead on the Leading Edge

MOET Law Group began as a virtual office and has remained on the leading edge of technology applications to business and the law. They are completely cloud-based which dramatically increases the firm’s ability to be flexible and efficient without sacrificing client contact and personal service. They are committed to leveraging artificial intelligence and other appropriate technologies wherever possible to streamline processes to make things easier for their clients and to support the staff in managing cases more effectively. Facing large insurance companies with vast resources and billions of data points can be daunting, so they use the latest technology strategically to level the playing field.

The attorneys effectively use AI to explain complex medical terminology or compare and contrast different medical records or MRIs which often keeps them on equal legal footing or even a few steps ahead of well-funded organizations with larger staff and significantly more resources.

By embracing these tools, they provide faster, smarter, and more transparent service, which gives them a genuine edge and sets them apart in the personal injury field, Moghadam says. Eliminating the human error in many processes, the firm can almost make their efforts foolproof. “By incorporating different software and other leading-edge resources into our daily processes we have a better overall experience. They’ll have a better outcome in their case. We’re never intimidated by the size of an opponent and one of the reasons is that we’re equipped with the same tools that these trillion-dollar, billion-dollar insurance carriers have. We have immediate access to vast amounts of data and are able to quantify things in a way that previously was not possible.”

Etemadian says the firm will never lose its commitment to serving the human element that can get lost in the legal environment. Clients are assured that they will always have human touch points—someone answering the phone, having a conversation, or being able to meet face-to-face in an office environment. “When I say utilizing AI, it’s more so on the back end. In regard to managing the case, catching things in a case that previously would maybe be more difficult to catch. We’re always on top of the situation.”

Robert Moghadam, Founding Partner

Getting Comfortable with the Uncomfortable

Etemadian says that one of the biggest lessons he and Moghadam have learned is in getting comfortable with the uncomfortable. By that he means not being afraid to take calculated risks that will enhance the firm’s ability to better serve a clientele in an expanding market base.

The partners have made a priority of surrounding themselves with smart, talented people. Building a strong, capable team has been essential to scaling their firm effectively. Many firms and individual attorneys operate out of fear and avoid stepping outside their comfort zone. “What sets us apart is our willingness to be uncomfortable—to try new approaches, invest in growth, and take bold steps when needed. More often than not, those risks have paid off and they’ve been a major driver of our success,” Moghadam says.

Etemadian and Moghadam plan to expand nationwide while maintaining the boutique law firm feel which they credit for much of their initial growth. Their goal for growth is to focus on quality rather than size of staff or amount of equipment and facilities. Their plan is to continue employing the best talent while creating a work environment where every employee enjoys coming to work every day. Their growth strategy centers on scaling the firm in the right way, without sacrificing the personalized care and culture that define the people and their work product.

Etemadian says there are many reasons for the firm’s success and for their optimistic outlook for the future. Among them is their competitive spirit, willingness for transparency, commitment to being on the leading edge of not only technology, but also in changes to the law, an openness to new ideas, and a culture where everyone checks their ego at the door. “We have our challenges, but we’re up to them. It’s all part of our willingness to really go above and beyond.”

The Moet Law Group Team

Above & Beyond: The MOET Law Group Way

Tue, 01 Jul 2025 15:17:35 GMT

Contact

Moet Law Group, APC

18818 Teller Avenue, Suite 250

Irvine, CA 92612

866-806-7425

www.moetlaw.com

From High School Friends to Legal Heavyweights, Etemadian and Moghadam Built a Firm That Treats Every Client Like Family

Robert Moghadam and Nima Etemadian, Founding Partners

A Shared Vision of Trust

The other core values are: “We, not me,” “Find a Way,” and “Be a Star.”

Finding Ways to Go Above and Beyond

Nima Etemadian, Founding Partner

Taking a Lead on the Leading Edge

Robert Moghadam, Founding Partner

Getting Comfortable with the Uncomfortable

The Moet Law Group Team

Will Your Law Firm Exist in Five Years?

Tue, 01 Jul 2025 15:08:11 GMT

The legal profession is standing at the edge of a radical transformation. Technology, shifting client expectations, new business models, and the accelerating pace of change are exposing a critical question: Will your law firm exist in five years?

At Best Era, LLC, we consult with clients around the world and begin by asking them where they want to be in five years. If you aren’t thinking about five years from now, you should pause, and spend some time doing so.

This isn’t just a rhetorical question. It’s one that demands sober, strategic reflection. The truth is that many firms won’t survive, not because they weren’t competent or profitable, but because they failed to adapt.

If you’re leading a law firm, here are seven key questions that will determine whether you’ll still be in business half a decade from now.

1. Why Does Your Firm Exist?

If you can’t answer this question clearly and persuasively, you’re already in trouble.

Too many firms define their existence by inertia: We’ve always been here. Or circumstance: We signed a 10-year lease. Or comfort: We’re still making money. These are not reasons—they’re symptoms of complacency.

A firm that wants to thrive must have:

Well-defined values that serve as a compass in turbulent times.

A clearly defined niche, because “we do everything” no longer works in a world of specialization and rapid information access.

A value proposition that evolves, rooted in solving real problems in unique ways.

If you don’t know why your firm exists beyond paying salaries and overhead, your future is up for grabs. The firms that will survive are mission-driven, nimble, and clear on their why.

2. Why Would Anyone Work for You?

If your answer is “money,” you’re in serious danger.

The legal workforce is shifting. Lawyers, especially younger ones, are increasingly driven by meaning, impact, lifestyle, and growth. Yes, they want to be paid fairly—but they also want:

Purpose-driven work.
Opportunities to innovate and lead.
Work-life integration, not just work-life balance.
Transparency and autonomy.

In the age of remote work, digital tools, and widespread entrepreneurship, it’s never been easier for a talented lawyer to go solo. If your culture is built solely around compensation, you’ll find yourself in a constant cycle of turnover and talent drain.

Firms that win in the next five years will create environments people want to be part of—because of how it feels, what it stands for, and what it enables.

3. Are You Hiring for the Skillsets of the Future?

The skills that made a great lawyer in 2010 are not the same ones that will define success in 2030.

Traditional legal education emphasized:

Deep legal research.
Meticulous writing.
Adversarial thinking.

Those skills still matter, but they’re no longer sufficient. Today, forward-thinking firms are hiring for:

Project management expertise— because legal matters increasingly resemble complex operations.
AI fluency— understanding how to prompt, audit, and collaborate with artificial intelligence tools.
Client experience design— because value is judged not just by outcomes, but by process and communication.

If your hiring is rooted in resumes and class ranks alone, you’re missing the moment. Firms of the future need people who can build, adapt, and lead in uncertainty.

4. How Strong Are Your Community Relationships?

Law is a trust-based profession. And trust is built through proximity, consistency, and value.

Firms that operate in a vacuum, rarely engaging with their community, industry, or niche—are out of touch and at risk.

Ask yourself:

Are we showing up where our clients and peers are?
Are we listening to what they care about?
Are we giving back in meaningful ways?

Whether it’s through thought leadership, nonprofit partnerships, pro bono efforts, or local presence, community is your moat. Weak relationships mean weak referrals, poor retention, and diminished brand strength.

5. Is Your Business Model Built for a Post-Billable-Hour World?

The “death of the billable hour” has been written about for decades. But today, it’s finally on life support.

Why? Because AI, automation, and process optimization are collapsing the time it takes to deliver legal work. Tasks that used to take three days now take 30 minutes.

If you’re billing by the hour, you’re incentivized to be slower, not smarter. Clients are noticing.

The future belongs to firms that:

Offer value-based pricing.
Bundle services with subscriptions or flat fees.
Use data and transparency to build trust, not mystery.

If your margins depend on dragging out routine work, your model is in jeopardy. Start rethinking value, not as time spent, but as problems solved.

6. Are You Ready for a Leveled Playing Field?

The tools of BigLaw are no longer exclusive.

A solo practitioner armed with Westlaw AI, a decent case management system, and a smart strategy can now:

Draft contracts at scale.
File complex litigation.
Deliver 24/7 client updates.

This is a tectonic shift. Technology is democratizing legal services. You don’t need a floor of associates and paralegals to compete anymore—you need leverage and precision.

This means:

Rethinking your firm’s cost structure.
Redesigning workflows for maximum automation.
Competing on strategy and insight, not brute force.

Legacy is no longer a moat. Agility is.

7. Can You Justify Working at Your Firm?

Let’s say you’re a talented associate or even a partner. You’re watching AI eat time, remote work untethering geography, and legal entrepreneurs thriving with minimal overhead.

Why stay?

That’s the question your current and future lawyers are asking. If you want to retain and attract top talent, you’ll need answers like:

“Because we offer growth and mentorship you can’t get elsewhere.”
“Because our platform helps you scale your impact.”
“Because we make it easy to do your best work without burning out.”

Gone are the days when security and tradition were enough. Today’s legal professionals want alignment, innovation, and freedom. And if they don’t get it from you, they’ll go build it themselves.

Conclusion: Five Years Is Closer Than You Think

This isn’t alarmism—it’s realism. Law firms that thrive in the next five years will not be the biggest or the most prestigious. They will be:

Mission-aligned.
Tech-enabled.
Client-centered.
Talent-smart.

If you’re not actively evolving in those directions, the clock is ticking.

Start with the hard questions. Build from first principles. And above all, don’t assume you’re safe just because you’re profitable today.

The winds have shifted. Make sure your sails are set.

Strategies for Ensuring Effective Workplace Investigations

Tue, 01 Jul 2025 15:02:31 GMT

Employers are often faced with complaints of harassment, discrimination, retaliation, and other kinds of misconduct. While no two investigations are identical, specific strategies exist to help conduct effective workplace investigations, which in turn helps build trust within the organization, lends a listening ear to aggrieved and accused employees and protects the organization from liability. This alert highlights strategies for ensuring that your workplace investigations promote organizational integrity, establish fair treatment, and foster a positive work environment.

Identify the Scope

Defining the scope of a workplace investigation is fundamental to its success and efficiency. A well-defined scope acts as a roadmap, preventing investigators from pursuing irrelevant leads while ensuring all pertinent issues are thoroughly examined. Without clear boundaries, investigations risk becoming unfocused fishing expeditions that waste resources, delay resolution, and potentially create additional liability. Investigators must identify the specific allegations and the relevant time period(s), parties involved, and evidence. They should also establish which policies are at issue and may have been violated. This framework helps maintain objectivity and ensures investigations remain focused on substantiating or disproving specific claims rather than expanding into tangential matters.

Create Your Investigation Plan

The moment a complaint is reported, the clock starts ticking. It is imperative to promptly investigate and to not unreasonably delay an investigation or to appear unresponsive to the allegations made. A timely investigation is critical to resolving and addressing any issues and to asserting possible defenses should the matter lead to litigation. While an effective investigation isn’t necessarily completed overnight, companies should consider timelines of one week, two weeks, or sometimes a month depending on the nature of the claims, the number of documents to review, and the number of interviewees involved.

The investigator should come into each witness interview armed with an outline of questions to help guide the discussion. While the outline need not be followed rigidly, the outline can help the investigator stay organized, ensure key topics are covered, and help maintain a structured flow, ultimately leading to a more focused and successful interview. Additionally, the investigator should consider what the relevant documents are and ensure that all documents pertinent to the claims have been reviewed. For instance, does the investigator have access to relevant emails, text messages, complaints to human resources, disciplinary documents, and personnel files? Though it is not uncommon for new documents to be discovered during an interview, the investigator should enter the interview with a grasp of what the file entails.

Last, when establishing a plan, choose a location where the interviewee will feel comfortable speaking frankly and truthfully. The environment of the interview can play a significant role in shaping the outcome of the interview. If the interviewee feels embarrassed, threatened, or spotlighted, the interviewee may not speak with full candor. To the extent possible, interviews should take place in a private room free from distractions or visibility to the interviewee’s colleagues. Off-site conference rooms or even remote interviews during which the interviewee is at home are encouraged. In some cases, it may be necessary to choose different locations for the various interviewees depending on the circumstances. In other words, a high-level manager with a secluded office may be interviewed in a different setting than an intern assigned to a cubicle alongside other colleagues. The investigator should also consider whether the individuals being interviewed are hourly employees who need to be compensated for the time spent participating in the investigation.

Decide Whether Immediate Action is Necessary

Businesses may be confronted with the issue of whether it is necessary to take immediate action after a complaint is reported. Depending on the nature of the complaint, taking immediate steps to protect the complainant may be critical. This may take the form of paid temporary leave, schedule adjustments, or physically separating the workspaces of the complainant and accused to prevent any further misconduct. Employers must be aware, however, that such decisions should not go so far as to burden or inconvenience the complainant and their ability to perform their job duties during the investigation. For example, placing the complainant on an unpaid suspension or transferring their work location without their consent can be perceived as retaliatory and is not recommended. Similarly, an employer must consider whether to remove the accused from the workplace pending investigation, temporarily reassign the accused to an alternative work assignment, and/or whether to compensate the accused if they are suspended pending investigation. Each investigation is unique and may warrant different circumstances during the pendency of an investigation.

Communicate the “No Retaliation” Rule

One of the most pressing considerations is ensuring that a workplace investigation does not result in retaliation. Every interviewee should be told at the outset that retaliation will not be tolerated against those who complain or those who participate in investigations. It must be made clear that acts of retaliation will be subject to disciplinary action, up to and including termination. Workplace investigations can place employees on the defensive, because they often feel like they are being accused of wrongdoing, even if they are not. This can lead to a sense of personal attack, fear of repercussions, and a desire to protect themselves by minimizing their involvement. Thus, communicating a “no retaliation” rule is critical in protecting the company and encouraging participation in the process. Employees should be instructed not to retaliate against anyone and should similarly be put on notice to report any retaliation they may face as a result of their own participation.

Additionally, the investigator must explain that information provided during the interview may be shared with others only if absolutely necessary. Interviewees should understand that complete confidentiality cannot be guaranteed and may be virtually impossible to maintain in the event that a lawsuit arises. Should litigation be pursued, the interviewee should know that relevant parties will require copies of all statements and case-related documents. At the same time, the investigator can reassure the subject that they intend to uphold confidentiality as much as possible and that they plan to gather all available facts before reaching any conclusions.

Choosing the Right Investigator

One of the most avoidable hiccups is choosing the wrong investigator. The choice of investigator directly impacts the investigation’s credibility, effectiveness, and legal defensibility. Employers should pay heed to choosing an investigator with awareness and sensitivity. Differences in background, understanding, and experiences might affect communication styles, power dynamics, and interpretation of events.

Remain Impartial

Impartiality is key. The investigator should focus on maintaining a neutral and impartial tone throughout the course of the interview so as to not discredit impartiality or cause the interviewee to question their motives. While it may be tempting to gain the interviewee’s trust by acting like you are on their side, any flaws in the process can be used to challenge the credibility of the investigation’s findings, leading to potential legal liability for the employer.

Reaching a Determination and Communicating to All Parties

After conducting the initial interviews and any necessary follow-up interviews, there should be a formal conclusion to the investigation memorialized in writing. The final written report should reach an ultimate conclusion as to the facts and whether policies were violated, but should not opine on issues of law or use legal terms. The report should also highlight a section that provides a clear statement of the findings of the investigation on each key issue, including any issues that were not resolved. The final report should also include a list of the parties involved, employer policies or guidelines relevant to the investigation, and the parties responsible for making the final determination. The report should assess the credibility of witnesses. Did the interviewee display a clear sense of personal interest in the results of the investigation? Is the interviewee’s job on the line and would they have any reason to be untruthful? Does the interviewee have an obvious animus towards the complainant or accused? The investigator should be assessing the interviewee’s subjective credibility in ensuring whether their answers are truthful and accurate.

The investigator may be tasked with issuing a recommendation on the employment decision, at which point a member of the business, in consultation with legal counsel, will assess, finalize, or reject that recommendation. If tasked with issuing the business a recommendation, the investigator should clearly identify the basis for their recommendation in an impartial manner, using the facts and information obtained during the course of the investigation.

Last, effective communication is paramount when closing an investigation. An organization may want to consider the following approaches: providing appropriate notifications to involved parties while maintaining confidentiality, communicating outcomes to relevant stakeholders without disclosing sensitive details, ensuring transparency about the process and commitment to organizational standards, and offering support resources for employees affected by the investigation.

Closing the Investigation

Closing a workplace investigation is a delicate and crucial process that requires careful attention to detail, legal compliance, and organizational integrity. The manner in which an investigation is concluded can significantly impact employee trust, organizational culture, and potential future legal implications. Based on the investigation’s findings, the organization will want to develop a clear and actionable plan for resolution. This may include:

Disciplinary actions for substantiated misconduct;
Targeted training or educational interventions;
Policy revisions or organizational practice improvements;
Mediation or conflict resolution strategies for interpersonal issues.

An investigation’s closure is not the end of the process, but a new beginning. Organizations should work to implement a follow-up plan to monitor the effectiveness of corrective actions, conduct periodic check-ins with the involved parties, track any recommended organizational changes, and assess the long-term impact of the investigation’s outcomes. By approaching the closure of a workplace investigation with thoroughness, empathy, and strategic insight, organizations can transform a potentially challenging situation into an opportunity for positive change and continuous improvement.

A Guide to Creating Effective Law Firm Email Newsletters

Tue, 01 Jul 2025 14:26:48 GMT

Email marketing can be a powerful means of bringing in new and repeat business for law firms. When executed properly, email marketing is a highly targeted and personalized strategy for firms to remain top of mind and build relationships with clients and prospects. Moreover, compared to other marketing channels, email marketing is an inexpensive way to share thought leadership content with an engaged audience. In this post, you’ll learn strategies that will help set your law firm’s newsletter up for success so that it can stand out among the barrage of emails flooding your subscribers’ inboxes.

Elements of an Effective Law Firm Newsletter

Valuable Content

Unlike social media and other marketing efforts, your readers give you permission to send them an email. They’re already interested in what you have to say; now it’s your responsibility to provide them with valuable and educational content. Include snippets from recent blog posts with links back to the full article within your newsletter.

If you’re not blogging (yet), that’s OK. You can write an occasional post on LinkedIn instead. Or, guest post on another blog. Include links to your posts and articles in the newsletter.

You can also provide value to your clients by sharing reputable third-party content, such as links to law journals. Only curate from trusted sources that your readers may find useful.

Lastly, be educational, not promotional. Promotional subject lines erode trust and may cause filters to block your emails. To avoid spam filters, look at this list of common spam trigger words and avoid using them in your subject lines.

Repurposing from Your “Publications” Tab

Many law firms have a “publications” tab on their website that lists practice area and topical alerts. Convert each into a newsletter or compile links to them in a monthly email. Ideally, these should be segmented. See more on segmentation and automation further below.

Frequency is Consistent

Shoot for weekly, but monthly is fine, also. It depends on your bandwidth and feedback from clients. Don’t create a weekly newsletter for your law firm if you don’t have the ability to get them out on schedule.

There is no best time to send your email newsletter because it depends on your audience. There are certain days and times that are generally recommended, but to achieve optimal open rates and conversions you need to test! Studies show that 8:30am and 11am on Tuesday and Wednesdays are good email newsletter send days and times. Between 1-3pm is also recommended (MailChimp suggests 2pm). Use as a guide with an understanding that based on your target audience, other send days may work just as well or better.

Test a few different days and times to see which gives you better results and then make that your go-to day and time for sending your emails. Consistency matters.

Use Your Website as a Content Hub

Your law firm’s website plays a critical role in the success of your email newsletter. Not only is it the central hub for the content you’ll share—like blogs, articles, attorney insights, or legal alerts—but it should also be optimized to capture new subscribers.

Make sure your newsletter signup form is prominently placed on high-traffic pages such as your homepage, blog, and contact page. Include a compelling reason to subscribe, like receiving legal updates, practice-specific insights, or exclusive event invites.

Additionally, your website should serve as a repository for past newsletters, webinars, and downloadable resources. Consider adding a dedicated “Insights” or “Resources” section where visitors can browse past content and opt-in to receive future updates via email. This reinforces your firm’s authority while increasing opportunities for conversion.

Subject Lines are Engaging

The general consensus is subject lines should be limited to 6 to 10 words or 60-70 characters. Desktop email displays about 60 characters and mobile about half of that.

Enter your subject line at subjectline.com and you’ll get a score and some feedback on how to improve. Again, remember, these are guidelines. Rules are made to occasionally be broken. Don’t always try to manipulate copy to fit the perfect recommended size.

More important than the length of your subject line, is that you put the most relevant information in the first 30-60 characters. Over time you’ll get a second sense about this.

A Familiar Sender Name

People are so inundated with SPAM emails, so they hesitate to open emails from unfamiliar senders. Make sure recipients can recognize you in their inbox by sending your law firm newsletter from a real person (marketing director, the firm managing partner, etc.). Emails from real people perform better in terms of open and click-through rate than emails sent from brands.

Number of Links to Include

We get asked this question frequently and there’s no easy answer. Our own anecdotal evidence shows decreasing click rates on links further down the email.

Some studies have shown that 11 links may be a sweet spot. But if you only have three useful links to include in your newsletter, go for it. It’s not about the number of links but the quality of the information you link to.

Include Only One Call to Action

Remember that your email newsletter is educational rather than promotional. Each link is essentially a call to action, and you’re allowed one to your “services” page, but preferably, to an informational video, webinar or eBook. Banner ads work well here—your web designer can create one in Canva or Adobe InDesign.

Choose the Right Email Platform

Solos, small firms, and legal vendors have an exhaustive array of choices of email clients. We covered a few in: A Review of Email Marketing Platforms for Law Firms. Larger law firms have additional choices among enterprise-level email/marketing automation platforms including HubSpot, and Pardot.

Emails Must be Mobile-Friendly

More people today are scrolling through emails on their phone. All of the top email platforms include mobile-friendly versions. If you want to see how your email renders on different devices, check out Email on Acid or Litmus. Think mobile first when you create your newsletter in terms of how much content and graphics you include. Less is more.

Growing Your Email List

Your email list will decline over time due to unsubscribes or newly inactive email addresses. To keep your list growing you’ll need to invite people to sign up for your newsletter. You can do this several ways:

Place an email subscription form in the footer or sidebar of your website.

Create a lead magnet, such as an eBook or whitepaper related to each practice area and require an email to download. Remember to craft these pieces with the client’s problems in mind.

Put on a quarterly webinar focused on the needs of the people you serve. An email address should be required to register for the webinar. Add a “resources” page to your website and put the webinar recordings there and require an email address to view.

Encourage subscribers to share and forward your law firm’s emails by including social sharing buttons and an “email to a friend” button at the bottom of the email.

Try encouraging those in your database that have unsubscribed to opt back in with an opt-in email campaign.

Promote opt-in offers with paid ads on social media

Automation and Segmentation

Address your contacts with personalized content based on their online behavior. This is next-level email marketing. Don’t do this unless you have the bandwidth to create, monitor, and iterate. In a nutshell, segmentation lets you tailor an email campaign to a person’s specific interest. For an overview of this, see: Marketing Automation and Segmentation: How to Deliver the Right Content to the Right People at the Right Time.

Measure Performance

Track how your law firm email newsletters are doing so you know what’s working and what needs improvement. Email providers include metrics such as open and click rates. MailChimp provides good benchmarking resources, including the legal industry. According to their data, the average email open rate for legal services is 22% and the average click rate is 2.81%.

If your click rate is low, maybe the content is not resonating with your audience. On the other hand, if your open rate is low try testing out some new subject lines.

Takeaway

Email marketing is an effective strategy for lawyers to provide value to current clients and nurture prospects to bring in new business. Law firm newsletters perform best when they are sent on a consistent basis and are inclusive of client-centric valuable content.

What Changes When Lawyers Lead Themselves First

Tue, 01 Jul 2025 14:22:39 GMT

I almost didn’t show up.

After a long international road trip, van trouble, and a disrupted routine, the temptation was real: skip the live presentation. Or mail it in. Just this once.

But I didn’t. I showed up—because I made a promise.

Not for the audience because, to be honest, depending on the platform, I sometimes don’t know if there are 1,000 people watching, or 0.

The promise I made was to myself. I would show up and talk about something impactful, something that could change one person’s way of thinking and, just maybe, their life. I would show up and play full out.

Since January 2023, I’ve shown up every month for a live presentation, whether people attend live or catch the replay. (As of today, that’s 29 live presentations.) This isn’t marketing. This isn’t lead generation. This is a commitment I made to myself: I will deliver one live presentation per month because it aligns with who I am, the work I do, and the promise I’ve made—to myself—for myself.

And that’s what this post is about: the promises lawyers keep, and the one type of promise we too often break.

Lawyers Are Excellent at Keeping Promises—to Everyone Else

Let’s be clear: the lawyers I coach, those Accomplished Seekers, are some of the most disciplined professionals on the planet. They keep their promises. They wouldn’t be extraordinarily successful if they didn’t.

To clients? Absolutely. You don’t miss deadlines. You show up in court. You meet your obligations. You do what you say you’ll do with the goal of serving the client and creating an evangelist for your firm.

To partners? You don’t leave your colleagues hanging. They count on you and you count on them. Simple.

To your team? You set expectations and follow through. You do what you say you’ll do and expect them to do the same.

To judges and courts? You comply with the rules of the game—even when it’s chaos behind the scenes.

To family? You try. There are seasons when you’re more available than others—like the 44-day federal white-collar trial I thrived in—but you do your best to follow through when you say “I’ll be there.”

But there’s one person lawyers consistently betray—themselves.

The Most Important Promises Are the Ones You Make—and Keep—for Yourself

“I’m going to start eating better.”

“I’m going to get to the gym three days a week.”

“I’m going to stop checking email after 6 PM.”

“I’m going to block time to think strategically about my firm.”

You know these promises. You’ve made them. And chances are, you’ve broken a few. Maybe more than a few.

Here’s why it matters: every time you make and break a promise to yourself, you erode trust—not with others, but with you. You move further away from the person you believe yourself to be. Instead, you move closer to what your internal voice continuously tells you you are, that someone who doesn’t deserve success and won’t do the work to create it.

And that internal breach creates a dissonance that leaks into your energy, your mindset, and your leadership.

It’s Not Time Management, It’s Energy Leadership

Lawyers love to blame time: “I don’t have time to work out.” “I don’t have time to meditate.” “I don’t have time to think strategically.”

Time, my friends, is not the problem. Time is indifferent. It’s agnostic. It doesn’t give a sh*t about your goals, your schedule, or your aspirations.

Time doesn’t need managing. What needs mastering—what needs leading—is your energy.

When I talk about Energy Leadership®, I’m referring to the seven levels of attitudinal energy that shape how we experience the world, how we lead, and how we perform. They range from the lowest level—victimhood—to the highest—pure creation and choice.

Here’s how this applies to promise-keeping:

Level 1 You skip your workout because “life is too hard right now.”

Level 2 You resent even needing to think about it: “Why do I always have to push so hard?”

Level 3 You rationalize: “It’s fine, I’ll get to it later.”

Level 4 You think of your team, your clients, your family—everyone but you.

Level 5 You begin to realize that keeping promises to yourself is a win-win. You benefit, and so does everyone around you.

Level 6–7 You start showing up as the strategic CEO of your life and career, choosing how and when you bring energy to each domain.

The problem isn’t your calendar. The problem is how you’re relating to the commitments you make to yourself.

Self-Leadership Is the Key to Influence

You can’t preach a culture of well-being, sustainability, or high performance if you don’t live it. Your words won’t matter—your actions will.

If you say, “We honor deep work,” but you never protect your own focus time…

If you say, “We take real vacations,” but you’re answering emails poolside in Maui or in the Sacred Valley of Peru…

If you say, “I’m working on being more intentional,” but you never slow down long enough to reflect…

Your people notice. As any parent will tell you: people hear what you say and they watch what you do. They believe what you do. If there’s a disconnect between what you say the culture is and you don’t “walk the talk,” your influence suffers.

The paradox is this: when you start keeping promises to yourself, you not only build internal integrity—you elevate your external influence.

The Benefits of Keeping the Promise (To You)

When you consistently keep promises to yourself, four things happen:

Your Confidence Grows You start to trust yourself more deeply. You stop relying on motivation and start building identity. “I’m the kind of person who keeps my promises”—even when no one’s watching.
Your Integrity Realigns The disconnect between how you see yourself and how you behave dissolves. You begin acting in alignment with your values and vision.
Your Influence Expands Your team, clients, and even your family start to follow your lead—not because of what you say, but because of how you live.
Your Freedom Increases When you show up for yourself, you create space—for thinking, for health, for creativity, for growth. You step off the hamster wheel and into your role as a true CEO.

So, What’s YOUR First Promise?

What’s the one promise you’ll make today—for yourself?

It doesn’t need to be grand. A salad. A 20-minute walk. A 15-minute strategic thinking block.

The promise isn’t about scale—it’s about significance. It’s about sending a signal to yourself that you matter. That your leadership begins with you.

A journey of a thousand miles starts with a single step because until you take that step, the journey cannot start. It only continues if you keep stepping. And you only keep stepping if you keep the promises you make to yourself for yourself.

Final Thought

Am I the type of person who keeps their promises?

Yes? Good.

Am I the type of person who keeps my promises to myself—for myself?

That’s the question.

Because when you start keeping those promises—when you lead yourself first, everything else follows.

Your Law Firm Needs to Buy Back Its Masters: Why Referral Dependency Is Killing Your Growth

Tue, 01 Jul 2025 14:04:52 GMT

When Taylor Swift couldn’t control her own music catalog, she didn’t just complain about the unfairness of it all.

She re-recorded everything. Built her own empire. Took back control.

Your law firm probably needs the same energy.

Here’s the uncomfortable truth: If 90% of your clients come from referrals, you don’t own your reputation. Other people do. You’re building their influence while staying completely dependent on their goodwill.

And that’s a business model with an expiration date.

The Hidden Cost of Referral Dependency

Picture this scenario: Your biggest referral source retires next month. Or gets upset about a case outcome. Or starts sending their overflow to a younger associate they want to mentor.

What happens to your pipeline?

This isn’t hypothetical. It’s happening to successful attorneys every day. Lawyers who built solid practices on the foundation of “word of mouth marketing” suddenly find themselves scrambling when those mouths stop talking about them.

The solution isn’t to abandon referrals because they’re still valuable. The solution is to stop being held hostage by them.

It’s Time for Your Firm’s Independence Era

Here’s how to build a practice that you actually control, starting today.

1. Create Content That Showcases Your Actual Expertise

Stop hiding behind “lawyers don’t self-promote” excuses. You’re not bragging. You’re educating. What this looks like:

LinkedIn articles addressing common client questions in your practice area
Speaking engagements at industry events where your ideal clients gather
Newsletter content that positions you as the go-to expert, not just “another lawyer”
C ommunity involvement where you’re visible as a thought leader

The goal? When someone needs your type of legal help, your name comes to mind first; not because someone else mentioned you, but because they’ve seen your expertise directly.

2. Build Your Own Client Pipeline

Referrals are wonderful. But they’re also unpredictable, uncontrollable, and unreliable for consistent growth. Here’s your diversification strategy:

SEO-optimized website content that answers the questions your ideal clients are Googling
Google Business Profile that positions you as the local expert (yes, even Big Law partners need these)
Direct networking in the communities where your clients actually spend time
Past client nurturing through regular check-ins and valuable content sharing

3. Own Your Narrative Before Someone Else Tells It

When you rely solely on referrals, other people control your story. They decide how you’re positioned, what you’re known for, and whether you get the opportunity at all. Take back control:

Define your niche clearly and communicate it consistently
Share client success stories (with permission) that demonstrate your unique approach
Position yourself proactively instead of waiting for others to recommend you
Build relationships directly with your ideal client base

But What If “Marketing Feels Too Salesy for Lawyers”?

Let’s get something straight: This isn’t about becoming a marketing machine. It’s about professional sustainability.

You’re not selling. You’re solving problems for people who need your help. You’re making it easier for the right clients to find the right expert. You.

When you hide your expertise, you’re actually doing a disservice to potential clients who could benefit from your knowledge.

The Strategic Advantage of Brand Independence

Lawyers who control their own brand and client pipeline have something their referral-dependent colleagues don’t: options.

Options to be selective about cases. Options to raise rates. Options to pivot practice areas. Options to weather economic downturns or industry changes.

Most importantly, options to build the practice they actually want instead of accepting whatever referrals happen to come their way.

Stop Building Someone Else’s Empire

The lawyers who thrive in the next decade won’t just be the most competent ones in the room. They’ll be the most known ones.

Not because they’re attention-seekers, but because they understood that expertise without visibility is just expensive hobby knowledge.

So yes, keep nurturing those referral relationships. But also start building something that belongs entirely to you.

Because when you control your own narrative, set your own standards, and build your own platform, everything changes.

Your law firm’s independence era is waiting. Time to write your own success story.

The Bottom Line

People can’t hire experts they can’t find. And they can’t find you if you’re invisible behind someone else’s recommendation.

Stop playing small. Start building your own empire.

Because in 2025, owning your professional destiny isn’t just smart business. It’s survival.

5 Signs Your B2B Law Firm Content Is Invisible to AI Search (And What to Do About It)

Tue, 01 Jul 2025 13:59:53 GMT

Your corporate law firm’s website dominates Google for relevant terms like “securities litigation attorney,” but when a General Counsel asks AI for whistleblower guidance, your decades of expertise might as well be invisible.

While you’ve (hopefully) been perfecting your keyword game for search engines, AI tools like ChatGPT, Claude, and Perplexity have quietly become the new research assistants for busy in-house counsel. 71% of respondents to a recent survey say they now use AI for initial guidance–meaning if your content isn’t AI-friendly, you’re invisible to your potential clients.

The silver lining? Most corporate law firms are still fighting yesterday’s SEO war, which means savvy firms can capture the AI visibility advantage before the competition catches on. Here are five warning signs your content is stuck in the Y2K era, plus immediate fixes that’ll make AI tools your new business development partner.

1. Your Content Fails the “Executive Summary Test”

When AI can’t parse your guidance, it’s as though you’re on mute during the most important client call of the year; your expertise is technically present but completely unheard.

Try this reality check: Open ChatGPT and ask, “What are the key disclosure requirements for a public company considering an acquisition?” If the AI response doesn’t reference your M&A expertise or cite your insights, you’ve discovered why your phone isn’t ringing with net-new client inquiries.

This happens because AI tools prioritize content that provides actionable guidance in discernible language. Your eloquent prose about “leveraging sophisticated transaction structures to maximize shareholder value” sounds impressive in client presentations, but it doesn’t help a CFO who needs to know which SEC forms to file by when.

Solution: Lead with the answer, not the credentials. Transform “Our securities litigation practice has successfully defended Fortune 500 companies against complex enforcement actions” into “When the SEC issues a Wells notice, companies typically have 30 days to respond with a Wells submission. Here’s what that timeline looks like: Days 1-7: Assemble response team and gather key documents…”

Focus on providing concise, clear answers that anyone can understand. Include specific regulatory citations, realistic timelines, and practical next steps. AI tools reward content that sounds like it came from a trusted advisor’s desk, not a marketing department’s campaign.

2. Your Practice Pages Read Like Pitch Decks, Not Guidance Documents

AI tools skip the sales speak and hunt for substance that actually helps decision-makers.

Your employment litigation page might hold an ideal rank position for “workplace harassment attorney,” but if it reads like a capability’s presentation, AI tools will treat it like expensive wallpaper. They’re searching for educational content that helps human resource directors and general counsel understand their actual options and obligations.

Run this diagnostic on your core practice pages:

Do you address specific business scenarios and practical outcomes?

Is 80% of your content educational rather than promotional?

Can a busy executive understand their realistic timeline and next steps after reading your page?

Do you answer the “what happens if…” questions that keep general counsel up at night?

Would your content actually help someone make a business decision, or does it just describe your credentials?

If you’re wincing at any of these questions, you’re speaking fluent lawyer-marketing in a world that demands plain-English business guidance.

Solution: Flip the content hierarchy. Lead with education, close with credentials. Replace “Our M&A team has closed over $50 billion in transactions across diverse industries” with “Due diligence for a typical mid-market acquisition takes time to accomplish the following milestones…” Give business leaders the roadmap first. They’ll hire you to navigate the complex terrain, but only after they understand where they’re headed.

3. You’re Missing the “Business Context” AI Craves

AI can’t connect your legal experience to real-world business challenges. These tools excel at synthesizing comprehensive guidance that spans multiple business and legal considerations. But if your trademark content ignores brand strategy implications, or your employment litigation pages don’t address hybrid workplace concerns, you’re missing the interconnected thinking that makes busy executives bookmark your insights.

Consider this scenario: when a startup CEO asks AI about protecting intellectual property, they’re not just asking about filing patents; they want to understand how IP strategy affects fundraising, competitive positioning, employee agreements, and exit planning. If your content treats these as isolated legal services rather than integrated business strategy, AI will find sources that connect the business dots.

Solution: Create content ecosystems that mirror real business complexity. Your securities compliance content should naturally connect to corporate governance, executive compensation, and M&A disclosure requirements. Your employment litigation guidance should link to workplace policy development, executive transition planning, and regulatory compliance strategies.

This isn’t just smart internal linking; it’s demonstrating that you understand how legal issues actually impact business operations, which is exactly what sophisticated clients expect from their outside counsel.

4. Your “Insights” Sections Are Thought Leadership Theater

Most corporate law firms publish insights that, at best, read like academic papers designed to impress other lawyers rather than help business leaders solve actual problems. Or, worse, they’re just self-congratulatory lists of accolades and awards. “Evolving Jurisprudence in Delaware Chancery Court Appraisal Rights” might showcase your legal scholarship, but it won’t help a private equity principal who needs practical guidance on structuring deal protection. AI tools, however, are insight treasure hunters. They scan for content that directly addresses business challenges with specific, actionable guidance.

Solution: Source content ideas from actual client conversations, industry challenges, and emerging business trends. Then structure insights that provide complete, implementable guidance.

Replace “Recent Developments in Trade Secret Protection” with “5 Steps to Protect Trade Secrets When Employees Leave for Competitors.” Then deliver specifics: “When a key employee with access to confidential information gives notice, immediately: 1) Conduct exit interview focused on ongoing obligations, 2) Disable system access and retrieve company devices, 3) Send written reminder of non-disclosure and non-compete obligations…”

Position these insights prominently and make them easily scannable. AI tools notice content hierarchy, and buried insights suggest buried relevance.

5. You Have No Clue How AI Currently Represents Your Firm

Here’s the wake-up call that might sting: you probably monitor your Chambers rankings obsessively, but you have zero visibility into how AI tools currently position your firm. You’re optimizing for legal directory algorithms while tomorrow’s clients are already using AI to shortlist potential counsel.

It’s time to see how you stack up against your competitors in AI results. Develop 20 questions that general counsel, compliance officers, and business executives would ask AI about your practice areas. Test them across ChatGPT, Claude and Perplexity. Document when and how your firm appears—or doesn’t.

If you discover that AI consistently recommends competitors for complex securities work, or provides generic guidance where your experience should shine, you’ve identified exactly where to focus your content efforts–and to get the ball rolling as soon as possible.

Solution: Implement systematic AI monitoring as part of your competitive intelligence. Track which types of business challenges generate citations of your firm versus competitors. This isn’t vanity monitoring. It’s strategic positioning for the AI-assisted decision-making era that’s already reshaping how corporate clients select and engage legal counsel.

Your Next Steps

The AI revolution is reshaping how sophisticated clients evaluate and engage counsel right now. While your competitors are still only optimizing for search keywords, you can optimize for business answers and practical guidance.

Start with the Executive Summary Test on your three most important practice areas. Then audit your insights–that is, your legal alerts, blogs, and news content–for real-world applicability. These two changes alone can dramatically improve your AI visibility within weeks, positioning your firm as the obvious choice when AI tools field business-critical legal questions.

The future of B2B legal marketing isn’t about gaming search algorithms, it’s about genuinely helping business leaders navigate complex legal landscapes with confidence. And isn’t that precisely why your clients pay premium rates for your counsel in the first place?

Your expertise deserves to be discovered, whether clients search traditional legal directories or ask AI for strategic guidance. Time to make sure it is. n

Robyn Addis oversees all revenue-generating functions at 9Sail.com, including sales, marketing, and client success, with a focus on accelerating growth and expanding 9Sail’s legal market presence. 9Sail is a boutique digital marketing agency focused on helping law firms grow through intelligent search-driven strategies. They specialize in traditional SEO, pay-per-click ads, local service ads, and a newer discipline called Generative Engine Optimization (GEO)—which ensures legal practices show up prominently in AI-powered search tools like ChatGPT, Perplexity, and Gemini. Learn more at 9Sail.com.

10 Tips to Drive More Web Traffic from Social Media

Tue, 01 Jul 2025 13:59:38 GMT

In the old days, many legal firms didn’t put enough effort into social media. After all, it’s just for showing photos and silly status updates, right? Now, we know differently—we understand the real value of social media in a comprehensive digital strategy. Today, we know that social media is key to driving more web traffic (which leads to more leads…) and a host of other benefits.

In fact, according to Social Media Examiner, 9 out of 10 marketers say increased web traffic is a benefit of social media. In that research, respondents overwhelmingly stated that enhanced web traffic was one of the main advantages of social media activity. So, what can you do to reap this benefit for your own firm? In this blog, I’ll break down what steps you can take to drive traffic to your firm’s website from social media.

1. Make Sure Your Profiles Are Optimized

It sounds obvious, but you’d be surprised how many professionals are skipping this step. Remember that when people want to learn more about you or your firm, a social media bio is one of the first places they’ll look. Your profile needs to quickly communicate your firm’s overall value proposition and with the right tone. However, that doesn’t mean including a whole biography. People scan, so keep things concise and to the point, with a clear call to action about where they can learn more and a direct link.

2. Add Social Proof

Social proof is a powerful tool in a legal marketer’s arsenal. Reviews, testimonials, and other forms of social credibility not only enhance your profile and reputation, but also bring a more human voice to your content. Look for positive social media comments to highlight or create impactful snippets from case studies. Don’t forget to include any positive media coverage you’ve received as well. Make sure to include a “learn more” button or link whenever possible.

3. Try Some Non-Traditional Platforms

You probably have LinkedIn and Facebook down to a science. However, you can get creative with some other platforms and see if they add to your web traffic. In particular, Pinterest and Reddit are two platforms where people tend to conduct research and appreciate expert opinions. Don’t be afraid to create a Pinterest board and pin your latest blogs and other material there. Similarly, on Reddit, you can find subreddits to engage in, with lots of active users. For example, Reddit has a “Legal Advice” and “Ask Lawyers” subreddit where you can lurk and get a feel for what people are challenged with. Obviously, you don’t want to give legal advice on these platforms, but don’t be afraid to share generally helpful information and leave links to your content.

4. Test Timing

Are you posting when people are more likely to engage? Try testing some different times and formats for social media, and then check your analytics to see what was most engaging. From there, you can use automatic scheduling tools to optimize the timing of your posts.

5. Have Clear Share Buttons

If someone reads your latest blog and absolutely loves it, could they share it? What if they come across a white paper and have a friend who would really value that information? How can they send it to someone else? Make sure to embed share buttons really close to your content. Make them visually obvious, and show the number of shares to date as a bit of social proof. You might even experiment with placing the share button at the top of blogs, rather than the bottom.

6. Actually Promote Your Content

No matter how great your content is, people are unlikely to just discover it on their own. Use social media to promote your blog and other key content regularly. At a minimum, you should take the time to promote your best-performing content. To drive more traffic, post excerpts or teasers from your most downloaded material, and encourage people to head to your website to read more. And don’t forget, social media is a great place to promote evergreen content that is still helpful or intriguing. Those posts can be perfect for a low-effort social media post when you’re short on time.

7. Engage With People

Make sure your social media activity centers on your audience. Offer information that’s truly valuable to them, and then interact when they make comments or ask questions. When you create posts, focus on asking open-ended questions to encourage more dialogue. Things like polls or interactive quizzes can be an easy way to drum up some engagement.

8. Be Responsive

This tip is somewhat related to the point above, but make sure to actually respond to people who engage with you in some way. Make every effort to reply to all of your social media comments. In many cases, the information you share can be a link to a web page. Use social media to be responsive, engaging, and actually build relationships. That will not only drive more web traffic, but also set you apart from competitors that people may also be viewing.

9. Be More Visual

There’s lots of research that people respond better to visual content than static text. When posting, consider all formats, from images and video to infographics and presentations. Look for ways to make content easier to consume and more engaging. Additionally, you’ll want to avoid stock imagery and stick to real photos whenever possible. Infographics in particular are a great way to repurpose important findings in a visual way. And of course, live videos have become more popular and should be a key part of your social media strategy. Whenever you post, include links to other spaces online and offer clear CTAs.

10. Leverage Video Content for Maximum Engagement

Video is one of the most powerful tools in driving web traffic and enhancing your social media strategy. In 2025, people prefer video content more than any other format, especially when it comes to complex topics. For law firms, this is an opportunity to showcase your expertise in a more dynamic, accessible way.

Why Video Works:

Increased Engagement Videos grab attention, hold interest, and encourage action.

Better SEO Video content can improve your search rankings and boost visibility.

Humanizes Your Brand Video allows potential clients to see the people behind your firm, fostering trust.

How to Use Video Effectively:

Create Short Legal Tips Share bite-sized tips on legal topics that your audience is interested in.

Client Testimonials Videos of happy clients talking about their experiences with your firm add credibility and social proof.

Webinar Snippets Share key takeaways or highlights from your webinars to drive traffic to your site for the full content.

Behind-the-Scenes Show the human side of your firm with “behind-the-scenes” content, like day-in-the-life videos of your attorneys.

Get More from Your Law Firm’s Website

Want to keep increasing web traffic? Consider website development and design for the legal industry, where it requires specialized expertise, but the potential results are well worth the time and effort that go into crafting an engaging user experience.

Takeaway

Try these ten tips, but be sure to stay consistent. When it comes to social media, success comes from repeated activity on a regular basis. It’s not enough to try these tactics once or twice, and then give up. Keep with it, and you’re sure to see improved web traffic over time. If you need more advice on developing a powerful social media strategy that will help your firm generate web traffic and leads, contact our social media experts. After all, social media is today’s word of mouth, which has historically been the legal industry’s bread and butter!

Orange County, June 2025

Mon, 02 Jun 2025 17:24:47 GMT

San Diego, June 2025

Mon, 02 Jun 2025 17:23:37 GMT

Justice, Reimagined

Mon, 02 Jun 2025 17:21:29 GMT

Contact

Joe Nazarian

Joe Naz Accident Lawyers

4000 MacArthur Boulevard

Suite 600 East Tower

Newport Beach, CA 92660

Cell: (949) 690-6211

www.JoeNazLaw.com

Joe Naz Fights for Victims with Empathy and Innovation and is Here to Help You Heal

"We are a firm focused on helping people heal, not only in the courtroom or over a negotiating table, but also in their daily lives, both physically and emotionally,” says Joe Nazarian, ‘Joe Naz,’ Founder and Managing Attorney of Joe Naz Accident Lawyers.

His personal injury firm, founded in 2015, employs four attorneys and a full-time staff of seven. They typically work on vehicle accidents involving cars, motorcycles, or trucks, with a specialization in Uber/Lyft Cases, brain injury, and wrongful death matters.

Joe says that bullying early in his life pointed the path to representing others who are suffering from injuries and being taken advantage of by others. “This is something I have been passionate about since childhood, and I have always loved working with others to solve their problems, to stand up for those who need help, and to fight for justice,” he says.

He takes a holistic approach to helping his clients heal, which is enhanced by traumatic personal experiences. Joe has been in five car accidents. Because of that personal experience, he fully understands what it’s like to go through the treatment process and what chronic pain and the emotional stress that accompany dealing with serious injuries are like.

“My car accident was a nightmare, but I am SO happy I met Joe Naz and his team. Their service and good vibes were amazing. I would highly recommend them to anyone. Thank you again for everything, Joe, Spencer, and Siri!”

Most personal injury attorneys have little to no experience with the actual treatments and processes that a victim experiences. They’ve just been attorneys handling these cases as a lawyer and don’t know what it’s like to be an injured victim who has been through the system and had to deal with daily pain and recovery through our messed-up medical system.

Joe and his team’s holistic approach focuses on three areas of recovery: physical injuries, emotional stresses, and healing the whole person for long-term solutions that treat the root issues.

The physical aspects are obvious, but too many attorneys lack focus on the emotional and long-term side of recovery. Many clients face PTSD, stress, and depression from these injuries. Joe’s approach is to assist clients in seeking therapy and making sure they’re getting the treatment they need. His attorneys and staff want to make sure each client receives all of the treatment they need, from chiropractic to imaging to physical therapy and even Eastern modalities, which include treatments like massage, gua sha, cupping or acupuncture.

“We don’t lean on pain meds, which are simply masking the symptoms and not addressing the root issue. We explore all avenues to find the best and most holistic healing, such as PRP injections, or stem cells, which are much more natural options, instead of immediately turning to surgery or painkillers. We know the importance of letting the body heal itself before going to more extreme options,” Joe says.

Joe maintains direct relationships with many of the best doctors in California to ensure his clients get the best treatment possible. “When clients work with me, they get access to a Rolodex of hundreds of business professionals and doctors due to my relationships in multiple networking groups I have been a part of for a decade. I help my firm’s friends, family, and clients with many problems, which don’t just include law, and I am proud to be a problem solver for whoever comes my way.” Furthermore, he started his own networking group of personal injury attorneys called the Justice Society, where the best doctors in the state educate them every month to stay up to date on the best current medical treatments!

Joe Nazarian, ‘Joe Naz,’ Founder and Managing Attorney of Joe Naz Accident Lawyers.

He Said/ She Said, She Won

A friend contacted Joe and connected him with his sister, who was represented by another attorney following a bad accident. The attorney had been working on her case for a couple of months. The case was a he-said/she-said situation. Each driver said the other driver ran the red light and was responsible for the accident. The sister was in the hospital suffering from serious injuries. The attorney she hired couldn’t prove the other person was at fault and gave up on her and fired her because the police report was not in her favor.

Joe agreed to help them and try to figure out a way to win the case. He drove to the location of the accident and studied the scene. He found a nearby business with a security camera pointed at the streetlights. Going the famous “extra mile,” he made friends with the manager, and after chatting with her for an hour, she permitted him to record what the camera caught on his cell phone. With that evidence in hand, he was able to show a real-time video of the other driver running the red light to the insurance company, which eventually resulted in the sister getting a policy limits settlement. This is just one example of Joe and his team going the extra mile.

“We’ve had a lot of great results and worked on many difficult cases, but three of them are good examples of how we ‘crush’ big cases for our clients,” Nazarian says. One is a $6 million settlement where a work truck crashed into a motorcycle. The client suffered multiple compound fractures in his leg, a torn triceps tendon, scarring all over, and required five surgeries to recover as best as he could.

The firm also co-counseled an $11 million settlement for four plaintiffs in a wrongful death case in Texas. A mother and her children were hit head-on by a drunk driver, resulting in their deaths. Nazarian represented the brother and father of the deceased person, and by working with Brian Panish of Panish, Shea, Boyle & Ravipudi, they obtained a $5,500,000.00 settlement.

In another large case, he represented the family of a deceased elderly mother against an HOA in Orange County. The elderly mother fell to the ground and hit her head, which led to her death due to a negligently repaired handrail in her community. The case was settled for $4 million.

Nazarian says, “I love working on a contingency because most people cannot afford $300 an hour or more for an attorney. Working on a contingency resonates with my soul because it is fair to the client, and they don’t have to pay a penny until we win the case. Also, I love that most of our clients never pay a dollar for legal representation or medical treatment up front, and then we get to hand them a big check. It’s a very fulfilling profession because we help our clients heal in many ways and compensate them for their suffering. I love everything about it!”

The firm handles cases that some would consider small, and they have also resolved several seven-figure settlements. The commitment is to serve injured accident victims in any way they can. Joe Naz works with many firms and gives outstanding referral fees to their partners. Most of their business comes through word of mouth and other attorneys because of the firm’s track record of serving their clients and the clients of referring attorneys. “Furthermore, when your clients work with me, they get access to hundreds of business professionals due to my relationships in the multiple networking groups I have been a part of for a decade. I help my firm’s clients with many problems, which don’t just include law, and I am proud to be a problem solver for whoever comes my way,” he says.

Antonio Castillo III (Head Litigator), Jasmine Madjarian (Support Staff), Spencer Knowlton (Support Staff), Joe Naz (Founder), Christina Dillard (Support Staff), and Siri Herzog (Attorney).

Embracing Technology and Change

One of Nazarian’s core values is a commitment to staying on the competitive edge of the advantages to the clients and the firm by embracing the latest technology. Joe Naz Accident Lawyers is an entirely remote organization. He and his employees go to a standard office to meet as a team or with clients, whenever necessary, but otherwise everyone works from a home base. The time-consuming hassles of going to and from an office are eliminated, and that time is devoted exclusively to working on our clients’ cases. Unlike many other firms, this commitment to technology and change began well before COVID forced the issue on the legal community.

They integrate as much AI, technology, and systems as possible into their processes to ensure the client experience is as easy as possible. “We are a great example of the new modern age law firm and what the future looks like” Joe says.

A Well-Rounded Life

Joe describes himself as an empathic, extroverted, passionate, and emotionally intelligent personality who tries to treat people as kindly as possible while giving them his full presence. “I am someone who has always done things my way, even when many people told me I couldn’t or shouldn’t do it. In the end, it has all worked out. I am not a typical attorney because I have a good work/life balance. I work very hard, but also play hard. I am fully focused on my clients’ needs and wants because I am fully remote and can do that anywhere worldwide, as long as I have my laptop.”

Joe follows his own advice in developing the whole person by living a balanced life. He is active in the legal community, the community at large, and with his family. The firm participates in local charities such as the Veterans Legal Institute and offers their time to local charities in the OC area.

Personally, Joe has been active in BNI Business Network International for eight years and was president multiple times in his chapter. He has also been involved with another professional networking group called Provisors for the past eight years. He is also the president and founder of the Justice Society, a personal injury attorney networking group with over 100 members that meets monthly to learn from the best doctors and lawyers in the country.

Networking with those and other groups is a passion. “Socializing is one of my favorite things. I love making new friends, whether through business or for fun.” He enjoys traveling the world and usually takes several trips throughout the year. He has enjoyed soccer since he was four and still plays on Wednesdays & Sundays in an adult league. He attends music festivals and has a lot of friends in the music industry, which has led to friendships with many talented professionals in that field. He calls himself a “big nerd” who loves Anime and The Lord of the Rings.

One of his greatest passions is his podcast, where he talks to a wide range of guests who have experienced all walks of life. Each guest is unique, and the podcast covers topics such as personal development, health optimization, law, personal passions, medicine, biohacking, philosophy, and many more. “The podcast has taught me the meaning of true presence and has given me the greatest education I didn’t know I needed,” he says.

his parents, and his younger brother and sister grew up in Mission Viejo in Orange County. “I have lived all over southern California, in OC, Los Angeles, and San Diego, but I am now back in OC, and I love it here. I will always live in southern California because it is the best place in the world.”

Joe Naz (Founder)

» Education

John F. Kennedy School of Law – 1999-2003
San Francisco State University, Psychology – 1998

» HONORS & AWARDS

Top 10% in U.S. Civil Litigation –
Lawyers of Distinction, 2017
Winner of Top Verdicts in California – 2016 ($61,587,000.00)

» PROFESSIONAL ASSOCIATIONS & MEMBERSHIPS

California State Bar – 2005-Present
Consumer Attorneys of San Diego – 2007-Present
Member of State Bar of California
Business Section – 2008-Present
Member of State Bar of California
Litigation Section – 2008-Present
Member of State Bar of California
Real Property Section – 2008-Present

» BAR ADMISSIONS

U.S. District Court, Central District of California
U.S. District Court, Southern District of California
U.S. District Court, Eastern District of California
U.S. Court of Appeals, 1st District

Prepared to Win

Mon, 02 Jun 2025 17:10:49 GMT

Contact

Khashayar Law Group

1350 Columbia Street, Suite 303

San Diego, CA 92101

858-509-1550

www.mysdlawyers.com

How Daryoosh Khashayar and His Team Deliver Justice Through Relentless Preparation, Teamwork, and Personal Investment

" Judges and juries are smart. You can’t look them in the eye honestly and with confidence to present a case effectively unless you really know—and I mean really know—your client. If there’s one difference between now and seven years ago, it’s our increased commitment to investing time really getting to know every client, and their particular situation” says Daryoosh Khashayar, Founder of Khashayar Law Group.

Physically, the firm has changed, too. They moved the main office to Little Italy with two more offices in San Diego and one in San Francisco. They currently have two full-time associates and three part-time associates supported by a dedicated staff of four full-time assistants. They also are in the process of hiring two additional part-time assistants.

The firm has adopted several new technologies to enhance efficiency and client service. They have integrated cloud-based case management software to streamline document handling, calendaring, and client communication, ensuring the team stays organized and responsive. They have also implemented secure e-signature tools and client portals to make interactions more convenient, especially for clients who prefer remote engagement. They are also beginning to incorporate AI-powered tools for legal research and document review, which allows them to deliver faster, more cost-effective results without compromising quality.

Khashayar says expansion in facilities and personnel is important, but their ongoing total commitment to spending real time learning who their clients are, their worries and concerns, and their real needs is a key factor in the firm’s continuing success. “We have to be genuine and to do that you have to spend serious time with your clients. I’ve probably done a lot more of that in the last seven years than before. The more you do that, more it pays off for the client and the firm.”

He cites two cases that exemplify the type of client who faces not only legal challenges, but serious injuries and the accompanying mental and emotional challenges.

A client suffered a life-altering injury after slipping and falling outside the hotel entrance of a unit in a major hotel chain. He has had difficulty walking ever since. After a year of litigation, attorney Angela Ness secured an admission of liability from the defendants and is now focused on proving the full extent of the damages he’s endured.

Another trial, scheduled for later this year, involves a devastating incident where the client was struck by a commercial truck while riding a scooter. As a result, he is now confined to a wheelchair. Regaining his ability to walk is at this point uncertain. The defense denies liability, claiming the Khashayar client was at fault for riding on the wrong side of the road. “It’s a tough case, but one we are fully committed—because it’s a fight worth taking on,” Khashayar says.

Kamran Amintaheri (Associate), Alicia Ramos (Office Manager), Sheila Khashayar, Daryoosh Khashayar (Founder), Angela Ness (Associate), Jessica Mason (Legal Assistant), Gianna Rivera (Legal Assistant), Taylor Marks (Associate).

An Increase in Referrals

Another shift in focus during the past seven years is a greater emphasis on taking referral cases to trial. Sixty to seventy percent of the firm’s caseload comes from referrals from other law firms who are aware of the firm’s willingness to take a case to trial if necessary. Khashayar says they can usually wrap up such cases in six months or less—sometimes within a month and a half.

“We only consider settlement when it aligns with our client’s wishes. Our focus is more on taking the cases that are not settling and where insurance companies are not paying. When another firm has a case that does not settle, they’ll try to settle it either at mediation or by themselves. When that doesn’t work, they call us and we’ll take it to trial. During the past seven years we’ve focused more on taking cases when they’re probably about 80 percent done and just setting it up and going to court. And winning,” he says.

“I have had the pleasure of working for Mr. Khashayar. I have watched him first hand in the courtroom and can tell you that he is the guy you want on your side because his performance only gets better under pressure. In addition, he goes to great lengths to care for each client and their case. I highly recommend Mr. Khashayar.” —Neda Shoushtari, litigation lawyer

Khashayar says, “I’ve actually gotten a couple of cases in Los Angeles where opposing counsel has referred me. In one case in Northern California where the opposing expert that I had cross-examined on a case that went to trial, the expert referred me to the other law firm and said, ‘Hey, call this guy to go try your cases.’”

Kamran Amintaheri (Associate), Angela Ness (Associate), Jessica Mason (Legal Assistant), Daryoosh Khashayar (Founder), Gianna Rivera (Legal Assistant), Taylor Marks (Associate), Alicia Ramos (Office Manager), and Sheila Khashayar.

Beating the Odds

The firm’s attorneys regularly collaborate with law firms across California, stepping in to assist with cases that need to be positioned for trial. One notable example involved a case in Los Angeles County referred by a local LA firm. Their client had received a “take it or leave it” offer of $700,000 from the insurance company for mold-related injuries to the plaintiff. After evaluating the case, Khashayar’s team believed its true value was significantly higher. They took over, conducted multiple depositions, brought in the right experts, and built the case for trial. Just one week before jury selection, the defense accepted a settlement demand, and the case resolved for $2.8 million. “While this case didn’t go to trial, the rigorous preparation and pressure we applied made the difference—resulting in an outcome that both the client and referring firm were extremely satisfied with,” Khashayar says.

Another standout case was Brownlee v. The City of San Diego in which their client suffered a trip-and-fall injury in Pacific Beach. Right before trial, the city offered only $100,000 and insisted they would win at trial due to the client’s 0.08 blood alcohol level. They further threatened to seek costs and fees because, they claimed, the case lacked merit. Khashayar and co-counsel Oliver Shami took the case to trial in September 2022. After four weeks the jury returned a $4.5 million verdict in their client’s favor voting 12-0 on 100 percent liability on the city. In another case, their clients were being offered $2 million while the matter was still with a different law firm. After taking over representation, Khashayar and his people aggressively prepared the case for trial. A year later, just before jury selection, they settled the case for $4.9 million.

In 2024, the firm participated in a high-profile, seven-week trial in San Diego involving two well-known local personal injury law firms. They represented one of the firms in this widely publicized case, which drew daily audiences of 90–100 people via Microsoft Teams. It was an intensely contested and closely followed trial. They tried that case with Co-counsel Bob Semnar and Oliver Shami.

“To earn those types of victories, often against great odds, you really must spend the time and make sure you understand what these clients are going through and how their day-to-day lives have changed. That’s the only way to give a glimpse to the jury of what these people’s lives have turned out as a result of these injuries. We may take fewer cases than some, but we win and we win big,” Khashayar says.

Khashayar is passionate about automobile speed racing. Several times a year he and a few friends race tracks in Palm Springs or Las Vegas.

Managing by Teamwork

My management philosophy for a law firm is pretty much to have everyone here united as a team. The way that I run my law firm is, if someone makes a mistake, it’s okay, because we all make mistakes. We’re all human. I make sure that they’re all getting what they need to fully perform,” Khashayar says. He says his two associates exemplify the knowledge, experience and the caring attitude an attorney needs for success in their practice areas.

Angela Ness and Taylor Marks have been with the firm since 2016 and each has handled multiple trials and has been vital to the firm’s success in many of their court victories. Taylor Marks has handled a wide range of cases—from catastrophic car accidents throughout California and trip-and-fall incidents at residences and businesses, to business disputes involving contracts and easements, property trespass, maritime wrongful death cases in Mexico, and medical malpractice. Angela Ness focuses her practice on business and real estate. Her current caseload is focused more on litigation than transactional matters.

Khashayar says, “I don’t think people like to be micromanaged and I don’t think that the business will function fully if you’re always micromanaging because you have to always be doing it. That means I can’t be doing what I want to do, which is go to court and fight for my clients. Find and trust the best people and you can’t lose. I don’t micromanage.”

One success factor that hasn’t changed is the team’s commitment to quality over quantity in client selection. Khashayer says he would rather have 100 cases and get 98 to 100 percent of value than 10,000 cases where the client only receives 50 cents on the dollar. “We don’t want to get 10,000 clients walking into our door because then I won’t be able to have the manpower to give each client 100 percent of what they need. I don’t take every case that arrives because we couldn’t invest the time one-on-one to make sure we get maximum value,” Khashayar says.

Not only does Khashayar represent a wide variety of people in his community, he is actively engaged in improving the condition of people and families within southern California. At least three or four times a year he and members of the family and firm feed the homeless in downtown San Diego. He was inspired by his brother, also an attorney, who passed away of epilepsy. “He was heavy into feeding the homeless and I wanted to keep his legacy going. We’ve been doing this since 2016. Khashayar carries that commitment a step forward and has founded LOKK for Epilepsy, which is dedicated to finding a cure for the disease.

“Now my kids are old enough, they come with us in working with the homeless. We’ll order 200-300 In-N-Out burgers and hand them out ourselves with a bunch of blankets in the winter and little tents for the summer,” he says.

Khashayar and his wife of 19 years have two kids—a 14-year-old girl and a 15-year-old boy. The husband and wife are active in volunteering for parental school activities. These days he says his hobbies and interests focus on his kids, such as involving them in charitable activities and attending his son’s wrestling matches and his daughter’s volleyball matches.

Outside of the office and family fun and games, Khashayar is passionate about automobile speed racing. Several times a year he and a few friends go to race tracks in Palm Springs or Las Vegas. “We go on the track and try to push these cars to the limit as much as possible to try to get some of the adrenaline like in the courtroom while cross-examining a defendant. Pushing a car to its maximum level is a real thrill.”

That go-for-broke attitude is an asset in court knowing that the other side has the backing of huge corporations with experts flying in from all over the world. Khashayar isn’t intimidated by the odds. “At the end of the day, this is what I love about our justice system - no matter how much money you’ve got, and you’re a big corporation, and you have so many lawyers on that side, at the end of the day, we have 12 regular jurors. Each side gets the opportunity to express their case to 12 random people that don’t know either side and let them choose. Just look them in the eye with confidence and honesty and watch things play out in your client’s favor.”

Daryoosh Khashayar (Founder)

» Education

John F. Kennedy School of Law – 1999-2003
San Francisco State University, Psychology – 1998

» HONORS & AWARDS

Top 10% in U.S. Civil Litigation –
Lawyers of Distinction, 2017
Winner of Top Verdicts in California – 2016 ($61,587,000.00)

» PROFESSIONAL ASSOCIATIONS & MEMBERSHIPS

California State Bar – 2005-Present
Consumer Attorneys of San Diego – 2007-Present
Member of State Bar of California
Business Section – 2008-Present
Member of State Bar of California
Litigation Section – 2008-Present
Member of State Bar of California
Real Property Section – 2008-Present

» BAR ADMISSIONS

U.S. District Court, Central District of California
U.S. District Court, Southern District of California
U.S. District Court, Eastern District of California
U.S. Court of Appeals, 1st District

Why Family Law Attorneys Should Consult with a Defamation Attorney

Mon, 02 Jun 2025 16:57:23 GMT

Contentious divorces often involve years-long battles over child custody, asset division, and spousal support. False claims of infidelity, domestic violence, child abuse, or financial misconduct are unfortunately common in high-conflict family law cases.

One party may attempt to control the narrative by defaming their former spouse on social media. They may create fake profiles, connect with their ex’s contacts, and post lies designed to inflict maximum reputational harm.

For these situations, family law attorneys should consult defamation counsel to evaluate any potential claims, remove unwanted online content, unmask anonymous online actors, and mount an aggressive defense.

Benefits of Working with a Defamation Attorney on Family Law Matters

Determining the necessity of a defamation lawsuit Are the false statements made by an ex-spouse or in-laws actionable? Could a properly worded demand letter stop the defamation and harassment and return your client’s leverage?

Defamation counsel can roadmap a potential lawsuit—separate from the family matter—including the likelihood of success and claim valuation. Family law clients must consider that a new defamation lawsuit may increase hostilities between the parties—is it worth it? Would a defamation lawsuit serve the client’s overarching family law matter or make matters more acrimonious?

Preventing client liability Amidst emotional turmoil, family law clients may be tempted to retaliate by making their own accusations online. Defamation counsel can educate clients on defamation laws and help them avoid liability while still defending themselves.

Enforcing non-disparagement agreements Non-disparagement agreements may be essential components of a resolution plan for family law matters. Defamation counsel can provide proper language for those agreements to ensure they are enforceable, clear, and can be used to navigate alleged breaches of those agreements.

Crafting effective demand letters Attorneys without defamation legal experience can draft a demand letter involving complained-of speech—but it’s unlikely to be an effective one. A mediocre demand letter does nothing more than inform your adversary that you hired counsel—a waste. A defamation attorney can help you to create a proper demand letter that explains why the offending speech is defamatory (i.e., specifically, why is it unlawful rather than merely disparaging).

Is a defense or privilege implicated by their offending speech? Address it in the demand letter explaining why it is inapplicable. Pre-emptively defanging their defense will leave them with nothing other than the fear of an adverse verdict. Your defamation attorney will follow up the letter with a call to discuss what you truly want and to explore paths there.

How Family Law Attorneys Can Work with a Defamation Lawyer

Consult early Address defamation concerns at the outset of a case to prevent long-term damage. Defamation claims must usually be brought within one-to-three years from publication (depending on the state).

Monitor online activity Monitor social media and public statements that could harm a client’s reputation.

Take immediate legal action Issue demand letters, request content removals, and file lawsuits when necessary.

Include reputation protection in settlements Non-disparagement agreements requiring prompt arbitration for breaches with attorney fees flowing to the prevailing party. These should be non-negotiable terms.

Defamation attorneys should not charge for those consultations or case work-ups (we don’t).

False accusations and online defamation can derail a family law case, affecting everything from custody arrangements to personal and professional reputations. By consulting with a defamation attorney, family law attorneys can provide a more comprehensive legal strategy for their clients.

Beyond Referrals: How Clients Scout Lawyers in 2025

Mon, 02 Jun 2025 16:52:59 GMT

Let’s get it out of the way: Referrals still reign supreme when it comes to getting new clients. In the 2025 edition of Greentarget and Zeughauser Group’s survey of decision-makers, “recommendations from sources you trust” is the No. 1 method clients use to find new outside counsel, cited by 92 percent of in-house counsel and 86 percent of C-suite executives.

While referrals remain the dominant go-to method for your potential clients, they are also frustratingly finite: Your potential referrals are limited by your personal network. While the Pew Research Center estimates that most of us have about 634 ties in our overall networks, the number of relationships we can maintain for mutual benefit (i.e., I do your legal work, and you refer me to a friend) is 150.

So how can you attract clients outside your 150 ties? Let’s look at the other tactics your prospects turn to:

Publications and Presentations

Writing and speaking take second place with both in-house counsel and C-suite leaders, used by 78 percent and 74 percent, respectively. And for good reason: both provide the equivalent of free samples of your perspective and your approach—exactly why they would hire you. The influence of your writing and speaking is amplified when it is delivered through a publication, organization or event they highly trust.

Professional Biography

If your law firm website was a store, the biography is your product description, showing potential clients your experience, background and—ideally—the benefits they can expect by hiring you. Bios are reviewed by 67 percent of in-house counsel and 74 percent of business leaders.

Related, your LinkedIn profile matters, too: It’s consulted by 62 percent of in-house lawyers and 74 percent of the C-suite.

Content

While they lack the third-party endorsement of a major publication or trade organization newsletter, blog posts on topics that are relevant to their particular industry or issue are used by a majority of potential clients in the scouting process—62 percent of in-house counsel and 57 percent of executives.

Peer-Driven Rankings and Directories

Love them or hate them, accolades like Chambers, Benchmark, IP STARS and others still carry weight with more than half of your prospective clients—56 percent of in-house lawyers and 62 percent of executives.

Quotes in Relevant Media Outlets

Being quoted as an expert source helps with fewer than half (42 percent) of in-house lawyers, but earned media remains a popular way to reach business leaders, with 51 percent considering quotes in their attorney searches.

What’s not on the list?

Posts on X (formerly Twitter) took a precipitous drop in this edition of the survey, going from use by 48 percent of the C-suite to just 36 percent, and from 21 percent of in-house lawyers to just 13 percent.

Meanwhile, law firms should not be overly concerned with their Wikipedia pages, referred to by 24 percent of C-level executives and 13 percent of in-house lawyers.

What does this mean for you?

To reach potential clients outside your immediate network—and to bolster your standings among referrals who look you up—consider four activities:

Pursue writing and speaking opportunities with outlets that are relevant to your target clients. Think beyond bar events; what conferences or conventions do your prospects attend? Where do they speak or sponsor? What do they read? Some light LinkedIn stalking can be very informative.

Want to be a true authority in your priority industries or markets? Consider conducting a survey to position yourself as an authority with exclusive insights.
Update your firm biography. This website page may be the most powerful document in your marketing arsenal, capturing the attention of two out of three in-house counsel. Make it current and compelling, and make sure it provides evidence of your capabilities, not just claims.
Show your expertise through content. Publishing insights and analysis on your firm’s website gives you an owned media channel that can impress potential clients and draw additional traffic, expanding your network even more. Make it useful, current and concise.
Take a purposeful approach to awards and rankings. The Greentarget/Zeughauser report refers to these as “icing on the cake” for your prospects; they may not get you the work on their own, but they can serve as a third-party seal of approval in the consideration process. Survey your competition: Where are they ranked? Where can you unseat them? Are there any industry awards—e.g., the ‘Widget Industry Lawyer of the Year’—that could mean more to your clients than another lawyer-to-lawyer prize?

Choose one award you can either add or upgrade, and play to win.

In 2025, nearly half of attorneys and law firm marketers said that business development will be harder than in 2024, according to BTI Consulting—and that was before increased chatter about a possible recession. In this kind of environment, it’s dangerous to rely on passive referrals alone; improve your business development probabilities with marketing communications tactics that are shown to get the attention of the prospects who matter most.

“Too Many Meetings” Isn’t the Problem—Inefficient Ones Are: Communicate Better and Save Time

Mon, 02 Jun 2025 16:48:55 GMT

A Familiar Story of Communication Chaos

You’ve likely lived this scenario.

It’s Monday morning. You have a deposition at 10, a court call at 2, and a mountain of emails to sift through. Your paralegal pokes her head in: “Hey, did anyone ever follow up on that new lead from Thursday?” You haven’t heard a thing.

You join a hastily scheduled Zoom meeting where no one seems prepared. The marketing head talks about leads. Finance interjects with cashflow concerns. Operations need clarity on hiring. Forty-five minutes go by. You hang up frustrated, knowing nothing really got done.

Afterward, a partner swings by: “Hey, what did we decide about intake scripts?” You sigh. “I don’t think we actually decided anything.”

Welcome to the paradox of modern law firm life: we have too many meetings and not enough communication.

How is that possible?

Because what most firms suffer from isn’t over-communication, it’s misaligned communication.

The Cost of Misalignment

According to a study by McKinsey, employees spend nearly 61% of their workweek on “work about work”—status updates, internal communication, and meetings—not actual productive tasks. Harvard Business Review reports that senior executives spend nearly 23 hours a week in meetings, and 71% of them say meetings are unproductive and inefficient.

The legal profession isn’t immune. In fact, we might be one of the worst offenders.

Lawyers are busy. Everyone is in trial prep, answering client emails, or billing time. So, we add more meetings to fix the problem—weekly check-ins, project updates, all-hands. But instead of solving issues, we drown in overlapping conversations, vague follow-ups, and inconsistent decision-making.

At the same time, critical information isn’t shared across departments. Marketing launches a new campaign, but intake doesn’t know how to qualify the leads. A new associate is hired, but no one trained them on file naming protocols. Sound familiar?

What this creates is not just inefficiency—it’s exhaustion.

Communication Without a System Is Just Noise

I’ve lived this chaos. At my firm, we grew from a napkin-and-Panera vision to a $100 million verdict and a thirty-person team. But in the early years, it was messy. We were reactive, putting out fires, and throwing more meetings at the problem.

We were trying to scale without a map.

Eventually, we discovered that the issue wasn’t just our communication—it was our lack of a system for it.

That’s why we built The Way —a law firm operating system designed specifically for small and mid-sized firms. It’s how we transformed our leadership team from stressed-out survivors to aligned strategic thinkers.

It’s how we cut meeting time, improved decision-making, and turned our firm into a business we actually loved running.

Meetings Aren’t the Enemy—Bad Meetings Are

The problem with law firm meetings isn’t quantity—it’s quality and clarity.

The Way flips the typical meeting culture on its head. Instead of endless unstructured discussions, we use a rhythm of short, purpose-driven meetings that keep the team aligned and the business moving forward.

Here’s how it works:

1. Weekly Check-Ins (30 Minutes Max)

We run sacred 30-minute meetings each week with our leadership team. The agenda is simple:

Good news (1–2 minutes each)
Progress snapshots (quick “on schedule” or “off schedule” updates)
KPI review (to make sure the business is healthy)
One pressing opportunity (a real problem we tackle together)

That’s it.

We don’t talk in circles. We don’t problem-dump. We don’t meet unless we have a reason.

These check-ins have saved us hundreds of hours. More importantly, they’ve made our leaders accountable for their priorities.

2. Monthly Stops (90 Minutes)

Once a month, we replace a weekly check-in with a deeper 90-minute review where we explore three opportunities in the business—things we’ve been observing and tracking.

This meeting creates space for reflection, cross-functional problem-solving, and strategic pivots.

3. Quarterly Milestones

Every 90 days, we run a half-day planning meeting. We review how the last quarter went, identify missed goals (and why), and reset priorities for the next 90 days.

Everyone leaves that meeting knowing exactly what they’re responsible for—and how success will be measured.

4. The Annual Meeting (The Big One)

The annual meeting is where alignment becomes reality. We reflect, set our 5-year vision, define quarterly milestones, and recommit to our firm’s values.

For a lot of firms, this is the first time the leadership team is truly rowing in the same direction.

And that, in my experience, changes everything.

Communication = Culture = Results

When you implement The Way, something surprising happens: your firm gets quiet.

The “just checking in” messages disappear. You stop playing calendar Tetris with everyone’s schedules. Team members start solving problems on their own—because they already know the goals, systems, and expectations.

The result?

More time. More energy. Better decisions.

That’s not just our experience—it’s what the research shows:

Companies with highly effective communication practices had 47% higher total returns to shareholders over a five-year period (Towers Watson).

86% of employees cite lack of collaboration and ineffective communication as the main causes of workplace failures (Salesforce).

High-performing teams are twice as likely to have clarity on goals and individual responsibilities (Harvard Business Review).

When law firms build a communication system that reinforces clarity and accountability, the business doesn’t just survive—it scales.

The Magic Is in the Structure

The genius of The Way is its simplicity. You don’t need an expensive consultant, a team of MBAs, or a complicated org chart to implement it.

You just need to:

Run a proper Annual Meeting with a clear destination and quarterly milestones.
Create a cadence of check-ins (weekly, monthly, and quarterly).
Assign responsibility for each milestone.
Track a small set of KPIs to know whether the business is healthy.
Stick with it. Over time, you’ll start noticing things:
People stop asking what the priorities are.
Deadlines don’t slip through the cracks.
Morale improves, because clarity reduces stress.
Leadership becomes a team sport.

No More “Winging It”

I’ve talked with dozens of firm owners who have some version of this confession:

“Honestly, we’re kind of just winging it.”

There’s no shame in that. Most of us didn’t go to law school to run businesses. But here we are.

What The Wa y offers is a blueprint—not just for meetings, but for alignment, accountability, and long-term success.

You don’t have to wing it anymore.

You can lead with intention.

You can give your team structure.

You can run meetings that actually move the business forward.

And if you do, the business you’ve always wanted isn’t just possible—it’s inevitable.

Final Thoughts

You don’t need more meetings.

You need better meetings, guided by a better system.

The Way was built by lawyers, for lawyers. It’s designed for small and growing firms who want to stop reacting and start leading. It’s not fancy. It’s not magic. It just works.

In our firm, implementing The Way tripled our revenue in three years—not by working more, but by working smarter.

If your leadership meetings feel aimless, your team seems confused, or your calendar is filled with noise— The Way might be the solution you’ve been looking for.

Let’s stop wasting time. Let’s start building the business you deserve.

5 Reasons You Shouldn’t Use ChatGPT to Create Your Law Firm’s Website Content

Mon, 02 Jun 2025 16:42:08 GMT

If you haven’t tried ChatGPT yet, you’re missing out! It’s a powerful tool that can be used to save time across a variety of tasks. Is content creation one of the things that ChatGPT is useful for? While some people suggest using AI tools to write web content, most experts recommend against it. In this article, I’m breaking down what you need to know about using ChatGPT for creating your law firm’s website content.

The Risks of Using ChatGPT for Web Content

ChatGPT and similar AI tools are extremely valuable if you’re looking to work smarter rather than harder. That being said, using these types of platforms does have a downside. Here are the key risks associated with using ChatGPT to create web content.

ChatGPT can be wrong— and often is. One of the main problems with AI tools is the confidence with which they display incorrect information. Though the tools will always generate a response, you might not get accurate information. That would never be a great thing, but it’s especially troublesome for the legal industry. People searching for legal content must be able to rely on the truthfulness and accuracy of the information they find. ChatGPT relies on patterns in its existing training data, which can fall out of date (or be based on information that wasn’t correct in the first place). Proceed with caution when leveraging AI tools for information that you present as factual.

AI tools are short on creativity and depth— ChatGPT cannot produce original ideas or content. It can only leverage information that’s already out there. Even if you are super careful about the prompts you enter, the content you get back is unlikely to be as engaging as what a human would write. Furthermore, you can’t expect such a tool to match your brand voice or be consistent with what you’ve already published. Readers who follow your blog or normally read your content are likely to recognize a different tone. AI-generated content lacks emotion and won’t be able to humanize your firm’s brand.

Who owns AI content? Since we know that ChatGPT gets its information from the training data it has access to, there’s no good way to know where the information really comes from. The content it supplies exists somewhere else on the web—but you have no way to cite the original publisher. That also means that if you prompt ChatGPT with “Write a blog article about 5 steps for filing unemployment claims”, what is returned will have been published elsewhere—maybe even by a competing firm. So, who would own that content? You wouldn’t just go to another firm’s blog and copy their content, but ChatGPT isn’t all that different.

ChatGPT content can reflect biases— There can always be inherent biases present in the training data AI tools use. As of right now, we don’t really know the source of all ChatGPT data and how it’s reviewed for biases. We don’t know if information has been fact-checked or how. Information could exhibit stereotypes or make assumptions that make people uncomfortable. This could lead to all sorts of issues that you don’t want to deal with.

Information can’t be verified due to a lack of crawling— ChatGPT cannot crawl the web like a search engine. Unlike traditional search engine results, ChatGPT is based on a current database and can’t “look around” for new information. That means content may not be up to date on the latest laws, regulations, rulings, or other important legal matters. Again, this is particularly troublesome for anyone offering legal insights. You’re much better off relying on the specialized expertise of your team, even though it takes more time.

Your Website Deserves Better Than Generic AI Content

Your website isn’t just a digital brochure—it’s your most important business development tool. The words on your site should reflect your firm’s expertise, speak directly to your ideal client, and guide visitors toward taking action.

That’s why using ChatGPT or other AI tools to generate web copy is particularly risky. Beyond the issues of inaccuracy, lack of originality, and brand inconsistency, AI-generated content often misses the mark on search engine optimization (SEO), user experience, and conversion best practices. In a competitive legal market, that’s a risk your firm can’t afford to take.

At Good2bSocial, the digital marketing division of Best Lawyers®, we specialize in building high-performing legal websites that don’t just look good—they drive measurable results. Our human experts ensure your content is aligned with your brand voice, optimized for search, and strategically crafted to convert visitors into clients.

How Law Firms Can Use AI Tools Like ChatGPT Strategically

While we don’t recommend using ChatGPT to write your law firm’s website content from scratch, that doesn’t mean AI tools have no place in your marketing workflow. When used thoughtfully, they can support your content creation process without compromising quality or credibility.

Here are a few ways law firms can leverage ChatGPT strategically:

Brainstorming content ideas If you’re stuck on what to write about, ChatGPT can help you quickly generate blog topic ideas based on your practice areas or common client questions.

Creating first drafts for internal content ChatGPT can assist in drafting internal documents, social media captions, or outlines for longer-form content that a human will then refine and edit.

Summarizing complex legal topics AI can be useful for distilling large amounts of information into simpler summaries—as long as a legal professional reviews and verifies accuracy before publishing.

Repackaging content for different channels Repurpose your existing content into email copy, meta descriptions, or content snippets for platforms like LinkedIn by using AI to speed up formatting and ideation.

Grammar and clarity checks Tools like ChatGPT or Grammarly can help clean up grammar and improve sentence clarity during the editing phase.

Pro Tip: Always treat AI-generated content as a starting point, not the final product. Human insight, legal accuracy, and emotional intelligence are still irreplaceable—especially in an industry built on trust.

Takeaway

There are many great use cases for ChatGPT, but creating web content isn’t one of them. In fact, doing so can actually hurt your brand if the information you share is inaccurate, out of date, or just plain unengaging. Remember, part of the appeal of original content is to connect with your audience at a more human level. Relying on technology may have the opposite effect.

Tax Neutralization—An Additional Component of Damages in Wrongful Termination Cases

Mon, 02 Jun 2025 16:37:06 GMT

Kenneth Economy v. Sutter East Bay Hospitals, et al. was a California wrongful termination case in which the trial court found a hospital liable for restricting a physician’s privileges without providing notice and a hearing. The hospital was ordered to pay damages for lost income, future lost income and tax neutralization. On appeal, the hospital only challenged the trial court’s damage award for tax neutralization. The Court of Appeal opinion filed on February 4, 2019 confirmed the lower court did not err in awarding an additional amount of damages intended to offset the tax consequences of a lump- sum award for lost earnings. The opinion further indicated there were no reported California decisions regarding the concept of tax neutralization and that federal appellate courts had endorsed it. The Court held that a tax neutralization award was consistent with Civil Code section 3333 which provides for damages to include “the amount which will compensate for all the detriment proximately caused by the wrongful conduct.”

The purpose of a tax neutralization calculation as stated in the appeal was “to offset the increased tax burden on plaintiff resulting from a lump sum award of damages as compared to what plaintiff would have owed in taxes if the earnings had been received sequentially each year.” This tax neutralization award will neutralize the adverse tax consequences a plaintiff will face from having to pay taxes on a lump sum award in a single year instead of paying taxes at a lower rate over several years. Additionally, it will account for any changes in tax burden resulting from changes in income in both the past and future periods. I will illustrate this point with a simple example.

In this example, Mr. Brown was terminated from his job as a supervisor at Common Industries and filed a wrongful termination lawsuit against his former employer. At the time of his termination, Mr. Brown received $85,000 per year in earnings and an additional $15,000 per year in benefits, for a total of $100,000 annually. At the time of his termination, he had a remaining statistical work-life expectancy of 20 years. If he had worked for the company for an additional 20 years, he would have received a total of $2,000,000 in earnings and benefits ($100,000 per year times 20 years). Mr. Brown prevailed in his litigation against Common Industries and received a total judgment of $2,000,000. The award is taxable; therefore, Mr. Brown will pay taxes on $2,000,000 in the year the award is paid. Total federal and state taxes are estimated to be 50%, or $1,000,000.

If Mr. Brown had not been terminated from Common Industries and earned $2,000,000 in earnings and benefits over 20 years, the total amount he would have paid in taxes would have been less. His total earnings were $85,000 per year and the remaining $15,000 was the value of the benefits he received. He would have only paid taxes on the $85,000 per year. Mr. Brown would have been in a lower tax bracket earning $85,000 per year than he was in the year he received $2,000,000. If total federal and state taxes are estimated to be 30%, Mr. Brown will pay $25,500 each year for 20 years for a total of $510,000. In this simplified example, Mr. Brown should receive not only his lost earnings and benefits of $2,000,000 but also an additional $490,000 to account for the additional taxes he will now have to pay. However, this conclusion does not take into consideration several other factors which affect a tax neutralization calculation.

One factor that needs to be considered is the time value of money. In the example, Mr. Brown will have to pay $1,000,000 in taxes in the present day compared to $510,000 in taxes over 20 years. Due to the time value of money, the $510,000 Mr. Brown would have paid over 20 years should be discounted to present value. This is the same type of calculation which would have been performed when analyzing his loss of earnings and benefits and any offset earnings and benefits. All future amounts are discounted to present day dollars. This present value adjustment will decrease the value of the taxes paid over 20 years—thereby increasing the amount necessary to compensate him for his additional tax burden. For example, $25,500 per year for 20 years discounted at a 4.0% net discount rate is $346,554, instead of $510,000 prior to discounting. Once the time value of money is taken into consideration, the difference between taxes Mr. Brown would have paid had he not been terminated and the lump sum taxes he will now pay is $653,446, a 28% increase in the original tax neutralization amount of $510,000.

A second consideration is what additional amounts comprise Mr. Brown’s taxable earnings in any given year. The previous example assumes the only data necessary to determine Mr. Brown’s annual taxable income is his earnings from employment. However, in most instances this is not accurate. There are multiple other types of income which need to be considered when determining one’s total taxable income. Examples are spouse’s income, dividends, interest, Schedule C income, capital gains and losses and rental income. These amounts can be considerable and drastically alter an individual’s tax burden. Additionally, one should consider the plaintiff’s tax filing status, the type of deductions the plaintiff would have claimed and any changes in the status of dependents. A review of historical tax returns is helpful in determining how each of these items should be accounted for in a tax neutralization calculation.

In a wrongful termination matter, post-termination or offset earnings are subtracted from the but-for earnings to determine a plaintiff’s economic loss prior to consideration of any tax neutralization amount. These post-termination earnings are also a factor when analyzing a change to a plaintiff’s tax burden. If the plaintiff is earning more or less than they had been prior to their termination, this will affect their tax burden. Taxes on this stream of income are considered along with taxes on the lump sum award when calculating the total taxes that will be paid by the plaintiff in his or her current situation. The same additional considerations are relevant for this income stream when calculating the total taxes that will now be owed: income to be included in taxable income, deductions, filing status and status of dependents.

Once the initial tax neutralization calculation has been performed, this is not the end of the analysis. I will illustrate this with a continuation of the previous example in which Mr. Brown was awarded $2,000,000. Assuming the economic expert calculated a tax neutralization amount of $650,000, the result is total damages of $2,650,000. Therefore, the lump sum award is no longer $2,000,000 but instead is $2,650,000. The tax neutralization calculation now needs to be based on this updated award amount, which results in an increase to the tax neutralization amount. Each increase to the total lump sum amount awarded needs to be taken into consideration in the tax neutralization calculation.

In conclusion, a tax neutralization calculation can be a considerable component of damages in a wrongful termination matter. As the total amount of damages increases, so too does the tax neutralization amount. Depending on the specific facts of a case, this additional calculation can increase a total award by 50% or more. As illustrated with the Brown v. Common Industries example, a multitude of factors need to be considered when performing this type of calculation. It is a detailed and complex calculation with multiple inputs. Considering the complexities and possible economic magnitude of this type of calculation, one will want to ensure they engage an economic expert who is familiar with this type of calculation and the nuances involved.

Strong Leadership is the Critical Factor to Success

Mon, 02 Jun 2025 16:30:58 GMT

The legal field has evolved over the years—there is really no way to dispute that. This evolution has changed the field across the board—for in-house professionals, private practice attorneys and for staff. This momentum has also caused many teams to grow—putting legal professionals, both attorneys and staff alike, in a leadership position managing other team members. While this evolution is certainly a positive one in the field, many legal professionals find themselves in a leadership position with no formal leadership training or support for leadership-specific needs.

Why does this matter? That is a loaded question.

Teams Have Greater Success with Strong Leadership

According to Harvard Business Review, leadership development improves organizational performance by 25 percent and according to McKinsey, 65 percent of high-performing companies prioritize leadership development. So, in other words, a strong and high-performing team is directly correlated to strong leadership. And strong attorneys and staff translate to a strong business or firm. But the thing is, most professionals were not born with those skills. They are promoted to a leadership position based on how well they perform in their current role—with no guidance on how to manage other team members once they are elevated to that position. This is something that requires training and support—just like the day-to-day tasks they perform in their roles.

Employees Leave Managers—Not Firms

We have all heard this before. And, in my experience working with a variety of firms of all different sizes—this is absolutely true. I have seen it happen time and time again. According to LinkedIn, companies with leadership development programs report a 29 percent higher employee retention. The cost of losing an employee or attorney is nearly impossible to calculate—but it is safe to assume that it is not low when you consider the hiring and onboarding process of replacing them. Good leadership can be the linchpin in keeping your employees happy and therefore wanting to stay with your business or firm.

Happy Employees are Contagious—But So Are Unhappy Ones

The Harvard Business Review reported that leadership development reduces team conflicts by 20 percent. A leader that knows how to not only manage effectively, but connect with their team members and provide support, will produce happy team members—which can be contagious! But, on the flip side, bad leadership can negatively influence team members. Imagine a team member frustrated by unclear expectations and little direction—without proper leadership, that discontent can ripple through the team and affect overall morale. An unhappy team member can be more contagious than a happy one.

What Now?

So, now that you know how important leadership development is for your business or firm, what can you do about it? What does strong leadership look like and how do you achieve it? Strong leaders can:

Think strategically,
Communicate effectively,
Lead with emotional intelligence and empathy, and
Engage in cross-functional collaboration, especially with other attorneys, practice groups, and business or firm leadership.

These traits are not innate in most people—these are skills that require training. Invest in leadership programs for your leaders and managers. The benefit will far outweigh the cost.

Investing in this type of development will build internal credibility with firm leadership, create a culture of accountability and innovation, and enable better team retention and development. Whether it is one-on-one executive coaching, management training sessions or leadership cohorts, you can find what makes the most sense for your business or firm. The future depends on the leaders you develop today. Start by evaluating your current support systems—then act. Your team, and your organization, will thank you.

Trustworthy, Tech Savvy, Prepared: Keys to New Litigator Success

Mon, 02 Jun 2025 16:28:35 GMT

We have been writing about the personal traits and professional skills litigators need to be successful in pretrial discovery practice for a long time. Whether it’s offering tips on how to master remote depositions, pointing out the need to thoroughly understand deposition-related procedural rules, reporting on the professional imperative to develop and maintain technology competence, or tracking evolving professional obligations to conduct depositions ethically and securely, we’ve endeavored to offer helpful information for litigators working in a rapidly changing, increasingly tech-driven environment.

Seasoned litigators, presenting their views during a “Top Ten Tips for New Litigators” discussion sponsored by the ABA Litigation Section’s Pretrial Practice and Discovery Committee, said that ethical conduct, preparation, technology competence, and professional development were among the leading keys to success for new trial attorneys.

So, we were heartened when several of these themes were mentioned by litigation experts during a recent American Bar Association presentation. Seasoned litigators, presenting their views during a “Top Ten Tips for New Litigators” discussion sponsored by the ABA Litigation Section’s Pretrial Practice and Discovery Committee, said that ethical conduct, preparation, technology competence, and professional development were among the leading keys to success for new trial attorneys.

Their “Top 10” tips were:

Know all procedural and evidentiary rules applicable to the case
Allow no surprises
Be prepared
Be the trusted person in the room
Be a good teammate
Maintain your reputation
Take responsibility for professional development
Be receptive to criticism
Be willing to ask for help
Practice self-care

Several of the tips mentioned above have a direct relationship to pretrial practice in general and deposition practice in particular.

Know Procedural and Evidentiary Rules

A thorough knowledge of the rules governing pretrial matters—whether it’s a deposition or summary judgment motion—is critical. In deposition practice, litigators must be familiar with the rules on making and preserving objections to deposition questions. Making unwarranted objections, or directing witnesses not to answer appropriately asked questions, can be expensive. And some attorneys mistakenly believe that “remote depositions” are the same as “video depositions,” an error that the American Bar Association recently pointed out in its 2023 Best Practices for Remote Depositions guidance.

Joseph Schaeffer, a Pittsburgh-based commercial and environmental and energy litigator in Babst, Calland, Clements and Zomnir P.C.’s litigation practice group, remarked that he’s frequently heard partners complain that new associates often fail to learn applicable court rules.

“There’s no easier way to frustrate a partner and even worse to frustrate a court than not having read the rules before taking some type of action,” Schaeffer said.

Applicable rules can come from several sources: jurisdiction-wide rules, local rules, and court orders. Familiarity with case-specific orders is also vital. Scheduling orders, case management orders, and stipulated e-discovery protocols need to be consulted and understood.

Mark Romance, a commercial and business litigator and partner in Day Pitney L.L.P.’s Miami office, pointed out that making assumptions about which rules apply can be dangerous business. For example, he said, the court rules for the Southern District of Florida are different than those applicable just north in the Middle District of Florida. Court rules frequently change too, he added.

“You really have to take the extra time to read the rules, read the rules, and read the rules again to make sure that you’re familiar with them in the jurisdictions in which you are practicing,” Romance said.

Be Prepared

In 2025, judges have no patience for litigators who have not mastered the technology used in depositions and court hearings. They didn’t have all that much patience for technology foot-draggers in 2022 either.

“In terms of technology, I would say being prepared includes, if you’re going to be on a Zoom, for example, and you’re going to share documents, make sure your documents are ready,” Romance said. “Anticipate what you might want to use so that you’ve got it at your fingertips, and you can pull it right up whether it’s at a hearing or a meeting with clients or your team, and also knowing how the technology works.”

Romance added that new litigators should make an effort to find out exactly which types of technologies are in use in the courtrooms where they will be practicing.

Maintain a Good Reputation

A reputation built by painstaking trial preparation and adherence to the highest standards of the legal profession is an asset that litigators can draw on, for themselves and their clients, throughout their legal careers. In deposition practice, this means unfailing honesty, reasonableness, courtesy, and reliability as far as knowing the law and meeting obligations to clients, the courts, and opposing counsel.

Monette Davis, an insurance defense and commercial litigator with Stone Pigman Walther Wittmann L.L.C. in New Orleans, remarked that cultivating a reputation for trustworthiness will advance a new litigator’s legal career.

“You want to be the person that the partner or the superior can go to and they know that they’re going to be able to rely on you, and even if it’s a small test, if it’s research, if it’s something you know that may not be the end-all, be-all for the case,” Davis said. Doing a good job on a small matter will build trust and lead to bigger assignments down the road, she said.

Schaeffer remarked that being disrespectful to court staff is a sure way to get on a judge’s bad side.

Romance added that, for attorneys whose reputation is not quite what they want it to be, it’s not too late to build a better one. Do you have a reputation that you’re the person who’s always late? Do you have a reputation as the person who’s known to be difficult, doesn’t give extensions, or requires three or four follow-up calls or emails before responding?

“What is the reputation that you want,” Romance asked. “Take steps affirmatively to establish that reputation. Start one by one, little by little, re-establishing the reputation that you want to have in your community, in your firm, and it just takes one step and then another and another.”

Take Responsibility for Professional Development

Legal education and other professional development activities are necessary for success in the fast-changing practice of law. This is particularly true in the area of technology competence, a topic that crops up everywhere these days: electronic filing, e-discovery, data security, and remote depositions and virtual court hearings. Several states (Florida, North Carolina, and New York) have all mandated technology education in recent years. New Jersey is considering adding a technology education component to its lawyer regulations as well.

Beyond strict legal education requirements, new litigators should learn how to network and add skills beyond those related to trial practice.

New litigators are responsible for their own professional development, Davis said. Their law firm won’t necessarily do it for them. She advised new lawyers to “put themselves out there,” so to speak—to meet new people, to grow their network, and be open to new experiences. Pro bono work, joining a firm committee or a bar committee, serving on a non-profit organization’s board of directors all present opportunities to develop professionally.

“Putting yourself out there, it can be scary, especially as a new lawyer, but being able to get out and open yourself up can help with your professional development,” she said.

Practice Self-Care

Wellness is a topic of growing interest within the litigation community even before COVID-19, which added rapid change, uncertainty, and social isolation to the list of challenges lawyers were already coping with. In 2020, for example, the Illinois Supreme Court Attorney Registration & Disciplinary Commission noted 29% of sanctioned attorneys had cited mental impairment or substance abuse as a contributor to their alleged ethical lapses.

Davis said that she believes there is a connection between wellness and client service. Taking vacations and paying increased attention to physical fitness and emotional health will translate into delivering a better work product for clients.

Romance advised finding time to take vacations longer than just a three-day weekend. The first day of a short weekend break is spent wondering about work left undone at the office and the last day is spent worrying about the week ahead. Ergo, no vacation at all.

Schaeffer recommended that new lawyers find a hobby or some other fulfilling outside activity so that their sense of self-worth is not strictly tied to their sense of how their law practice is going. He added that the busiest lawyers he knows also take the most vacation time. It keeps them at the top of their game, Schaeffer said.

Can’t Find Good Talent? You’re The Problem

Mon, 02 Jun 2025 16:22:47 GMT

“We just can’t find good people.”

Sound familiar?

You’ve probably heard it in a leadership meeting. Or muttered it to yourself after another fruitless attempt at trolling for resumes on Indeed and LinkedIn.

The truth?

Hiring in today’s legal market feels like trying to find a unicorn in a thunderstorm. The great ones aren’t applying. The good ones ghost you. The ones who do come through the door often aren’t a fit.

And the question law firms keep asking is: “Where are all the great candidates?”

But maybe that’s not the right question.

Maybe the better question is: “Why would a great candidate choose us?”

Hiring Is a Marketing Problem

For years, law firms have treated hiring like a back-office function. Put out a job post. Wait for resumes. Complain about the talent pool. Rinse and repeat.

But here’s the wake-up call: The hiring market isn’t an HR issue, it’s a marketing issue.

You’re not just offering a job. You’re making a promise. A story. A future.

And in 2025, the best talent isn’t looking for just a paycheck.

They’re looking for purpose.

Your Future Hires Are Watching You Just Like Your Future Clients Are

Today’s law students and young lawyers are some of the most values-driven professionals the industry has ever seen.

They care about more than salary. They care about:

Work-life balance (and not just in the brochure)
Whether you actually support mental health
DEI efforts that go beyond hashtags

Whether your firm aligns with their personal values

They’re not just Googling your Glassdoor reviews.

They’re scrolling your Instagram. Watching your TikToks. Reading your “About Us” page with the same scrutiny you apply to a closing argument.

They’re asking: “Would I be proud to work here?”

If the answer isn’t clear, or worse, if it’s no, they’re moving on.

If You Want Better Talent, Build a Better Brand

The firms that are winning the war for talent have figured it out: Your employer brand is just as important as your client-facing brand.

You wouldn’t launch a new client service without a clear value proposition, a compelling story, and a consistent message. So why would you hire that way?

The same marketing principles that attract clients should be used to attract top-tier talent:

Positioning— What makes your firm different from every other mid-size litigation shop?

Messaging— Are you telling the story of who you are and why it matters?

Social proof— Are your current employees sharing why they love working for you?

Clarity— Do your job descriptions sound like human conversations or legalese soup?

Values Are the New Differentiator

Here’s the part most firms miss: Culture isn’t ping-pong tables or free coffee. It’s what you believe.

And today’s hires want to work for a firm that stands for something.

That might be:

A commitment to justice reform
Being trauma-informed in client interactions
Supporting working parents
Prioritizing mentorship and growth

Whatever it is, you need to say it out loud and often.

And not just on your Careers page. On your LinkedIn. In interviews. At law school recruiting events. In every story you tell.

Because when your values are clear, two things happen:

The right people are drawn to you.
The wrong people screen themselves out.

That’s what strong branding does.

“But We’re Not That Interesting…”

Yes, you are.

Every law firm has a story. A heartbeat. A reason it was started in the first place.

The problem is, most firms forget to tell it.

They default to vague descriptions like “dedicated to excellence” or “client-centered advocacy”. Phrases that mean nothing and inspire no one.

You don’t need to be flashy. You just need to be real.

Tell the story of why your founders walked away from BigLaw. Share your vision for building a practice that values family. Highlight the alumni of your summer associate program who’ve gone on to do amazing things.

That’s what resonates.

Make Marketing a Hiring Tool

If you want to attract aligned, invested, high-performing team members, your marketing should speak to them before you ever post the job.

Here’s how to start:

Audit your online presence. Would you want to work at your firm based on what’s on your website and social media? If not, fix it.
Feature your people. Showcase associate wins. Highlight team culture. Turn your people into your best recruiters.
Tell real stories. What’s it actually like to work at your firm? What do you believe in? What are you building together?
Lead with values. Define your core values and weave them into your marketing, onboarding, and decision-making.
Think like a recruiter. Your job posts should sound like invitations, not requisitions. Sell the opportunity, not just the requirements.

Final Thoughts: People Don’t Want Perfect, They Want Purpose

The firms that attract the best talent in the next 5 years won’t be the ones with the fanciest perks or the biggest budgets.

They’ll be the ones who mean it.

Who stand for something.

Who show up consistently.

Who use marketing not just to grow revenue, but to grow community.

So, if you’re struggling to hire: stop tweaking your Indeed ad.

Start telling a better story.

Because in a world full of noise, the firms that win will be the ones that are clear, aligned, and unapologetically themselves.

Want a team that actually wants to work for you? Start marketing like it.

Orange County, May 2025

Thu, 01 May 2025 18:12:38 GMT

San Diego, May 2025

Thu, 01 May 2025 18:11:28 GMT

Built on Trust, Driven by Results

Thu, 01 May 2025 18:09:18 GMT

Contact

Kirby & Kirby LLP

501 West Broadway, Suite 1720

San Diego, CA 92101

619-487-1500

www.kirbyandkirbylaw.com

How Kirby & Kirby LLP Became Southern California’s Go-To Litigation Firm for Referred Cases

When the dispute is serious enough that a local lawyer realizes a serious need for a good litigator for referral, an organization with a proven track record of trust, competence and litigation success, many firms immediately turn to Kirby & Kirby, LLP. “We’re a great referral source for clients with a commercial or real estate litigation issue. Oftentimes, firms with a transactional practice end up being conflicted out as potential witnesses, so we get most of our referrals from larger firms who know we do not have a transactional side to our business. Attorneys know they can trust us in our dealings with their clients in litigation matters,” says Jason M. Kirby, Managing Partner.

About 75 percent of the firm’s business is referred by other attorneys in Southern California. For example, recently a prominent firm with a transactional conflict realized they had people in their organization who had worked on the contract documents and could not have their litigation department effectively represent their clients. Referring the matter out was the obvious solution to the problem and Kirby & Kirby was the obvious firm of choice. “That’s just kind of how we frequently get brought into cases, somebody recognizes their client has a serious litigation issue and that we are the obvious solution. We measure our success solely by what we accomplish for our clients,” Kirby says.

Founding Partners in the firm are the father and son team of Michael L. Kirby and Jason M. Kirby. They have practiced law together for more than 20 years, representing a wide variety of clients in both plaintiff and defense cases.

The firm’s practice areas include partnership disputes, real estate litigation, contract disputes, executive employment and/or fiduciary issues, personal injury/wrongful death, and securities and investment litigation.

The most recent example of these outstanding results is an employment arbitration handled by Michael Kirby. The firm represented a terminated senior executive in a very large public company. The case was arbitrated over 3 weeks in December 2024 and the final arbitration award was issued in April 2025. The firm’s client received a final arbitration award in his favor in excess of $13 million.

Founding Partners: Jason M. Kirby & Michael L. Kirby

Building on a Legacy of Achievement

Michael Kirby was a founding partner of Post Kirby Noonan & Sweat, a prominent law firm in the San Diego area since 1976. During his career he has recovered more than $350 million for his clients in more than 40 jury trials. His legal expertise includes extensive experience in business, partnerships, real estate and investor disputes.

He has been a member of the American Board of Trial Advocates (ABOTA) since 1994 and has served on its national board of directors. He is a master in the American Inns of Court—William B. Enright Chapter and has been listed in four separate litigation categories in Best Lawyers®, including bet-the-company litigation. He was named one of the top attorneys in California five years in a row by California Super Lawyers magazine. He was a founder of the Association of Business Trial Lawyers of San Diego, served four years as a Southern District of California Lawyer Representative to the Ninth Circuit and is a Fellow in Litigation Counsel of America.

For more than two decades Jason M. Kirby has represented hundreds of clients in litigation cases throughout California. His primary practice areas are business litigation and real estate litigation, but he has developed expertise in almost every type of civil case during his career. He is an experienced trial lawyer handling plaintiff’s and defense cases. As a plaintiff’s lawyer, he has had multiple jury verdicts in excess of a million dollars. As a defense lawyer, he has had multiple complete defense verdicts. Kirby has been selected to Best Lawyers® and Super Lawyers® by his peers for both commercial litigation and real estate litigation.

Working in the same firm with a father who had already established an enviable record was an unusual arrangement, but one that proved to be interesting and thoroughly rewarding. Jason Kirby was determined to earn his place in Post Kirby on his own merit. “I did not want to be perceived as Mike’s son, even though I was. I first started calling him Mike at my first day at Post Kirby. For years, Post Kirby occupied an entire floor and I always made sure my office was on the opposite side of his. We expressed mutual trepidation about working next door to each other in a two-man firm, but it’s turned out to be my favorite years of practicing together as partners.”

Michael L. Kirby, Founding Partner

Creating a New Legacy of Achievement

When Post Kirby, then Kirby Noonan Lance & Hoge LLP, disbanded in 2016, the Kirbys’ former firm split into five separate firms. The father and son then formed Kirby & Kirby LLP. Nine years later the same group of attorneys, paralegals and support staff are all still together.

“When we left it was a seamless transition. It’s an interesting thing about the old firm in that everybody had their own clients and everybody worked in their own teams. The Kirby team left and we’ve stayed together,” Kirby says.

Kirby says, “My father was always one of the top guys in our old partnership. No matter how you looked at it, I was way down the totem pole. In one partnership meeting, I realized we were headed out because the old firm was coming to an end. While I had always enjoyed working with so many great trial lawyers in one firm, the truth of the matter is that once we broke off, all of the drama of a larger firm dropped away and each of us found our smaller firm to be the greatest time of our practice together as partners. We have had so much fun doing this together and there has never been any drama. We work very well together.”

In less than a decade at Kirby & Kirby, the Firm has recovered more than $100 million for their clients. The Firm’s success stories include the recovery of more than $22 million for a group of investors who were defrauded in the Ponzi scheme orchestrated by Gina Champion-Cain. The Firm was heavily featured in her, I Did It book as told by Neil Senturia and Barbary Bry. The Firm defensed a family partnership dispute wherein the $3 million damages sought were reduced to less than $25,000. The Firm obtained a $2.1 million jury verdict in a sexual abuse case wherein a male high school student was sexually abused by his female teacher.

That last case was one not in the firm’s normal practice areas and Kirby was concerned about dealing with a jury trial involving a number of sensitive issues. “We divided the work equally between us and attacked it together. I think that was kind of the first time I felt like I had come into my own as an attorney that could compete at Mike’s level.”

Creating a Legacy Team

Kirby & Kirby runs “lean and mean” and the team is so experienced and loyal that Kirby jokes that his title of Managing Partner is something of a misnomer. “Honestly, my management philosophy is that everybody I work with has been doing this so long and so well that my role has never been to manage them, but just give them the freedom to do what they do so well.”

Kirby singles out the firm’s paralegals for exceptional praise. “Our paralegals are the key to our success,” says Kirby. Katherine Dillon and Susan O’Keefe Head are highly-experienced, senior paralegals that fully understand and appreciate all aspects of what it takes to achieve success through the litigation process, with substantial trial and arbitration experience.

“We win as a team. It’s always a team effort. None of our amazing results could have been achieved singularly. Our paralegals are critical to our success because they absorb so many documents and information. They’ve all been through multiple trials with each of us and they fully understand how best to compliment what we do. They’re invaluable. I often say I’d rather have either of them on my team than a seven or eight year lawyer. Working with both of them has always made me a better lawyer,” Kirby says.

Jason M. Kirby, Founding Partner

Seemingly Seamless

Kirby stresses the importance of building strong relationships with each client based not only on their needs. One of the keys to the firm’s success has been the Firm’s ability to make the attorney-client relationship seamless for whatever arises in the process.

“If you don’t have the clients’ absolute trust, then the relationship doesn’t work seamlessly. You obviously have to earn that trust, but you want to do so quickly,” Kirby says. He compares the process of being in litigation with a client to an actor on a movie set. “No one wants to be involved in litigation more than once. So we come into our clients’ lives to be their champions for a limited amount of time to get them through it. If we do so successfully, we often do not see them or hear from them again, but we know they will remember what we did for them and guiding them through litigation is one of the reasons so much of our clientele comes from former client referrals.”

Kirby says one of the keys to his firm’s success is the love of the work and the satisfaction that comes from it. Mike Kirby is one of the motivating factors behind those feelings. “I don’t know anyone who enjoys being a lawyer more than my father. I love it, but he needs it more than food and water. He inspires that feeling in all of us. We win as a team. I think that’s why nobody’s left the firm here, because we have all figured out how to have fun doing this and win together. Our clients are the ultimate winners,” Kirby says.

Father and son, side by side—two generations, one relentless pursuit of justice.

Built on Trust, Driven by Results

Thu, 01 May 2025 18:04:05 GMT

Contact

Kirby & Kirby LLP

501 West Broadway, Suite 1720

San Diego, CA 92101

619-487-1500

www.kirbyandkirbylaw.com

How Kirby & Kirby LLP Became Southern California’s Go-To Litigation Firm for Referred Cases

Founding Partners: Jason M. Kirby & Michael L. Kirby

Building on a Legacy of Achievement

Michael L. Kirby, Founding Partner

Creating a New Legacy of Achievement

Creating a Legacy Team

Jason M. Kirby, Founding Partner

Seemingly Seamless

Father and son, side by side—two generations, one relentless pursuit of justice.

Your Law Firm’s Website Is Bleeding Money: The 3-Second Drain on Your Bottom Line

Thu, 01 May 2025 17:43:54 GMT

In the digital age, your website isn’t just a digital business card—it’s your virtual front door, your first impression, and often your most hardworking employee. While you’re focused on billable hours and case management, your website could be quietly costing you more than you realize. Let’s pull back the curtain on the real price of a slow or outdated law firm website.

The Three-Second Rule: Why Speed Matters

Have you ever been streaming your favorite show and you’re met with the spinning wheel? Maybe that friction caused you to close the app and jump to another streaming platform. The thing is, this friction experience isn’t unique to binge watching Netflix. It happens on websites every day. Here’s a sobering statistic: 40% of potential clients will abandon your website if it takes longer than three seconds to load. Think about that for a moment. Before they’ve read about your impressive track record or seen your glowing testimonials, nearly half your potential clients might be gone—all because of a few seconds of delay.

Picture this: A potential client, dealing with a pressing legal matter, searches for a law firm at 11 PM. They find your website, but it takes eight seconds to load. In those precious seconds, they’ve already clicked back and found your competitor’s lightning-fast site. That’s not just a lost visitor—it’s lost revenue.

Quick Action Item: Use Google’s PageSpeed Insights to test your current site speed. If it’s over three seconds, you’ve identified your first priority.

First Impressions Matter

“Don’t judge a book by its cover” is a great principle, but it’s tough to follow online. Research shows it takes just 50 milliseconds for someone to form an opinion about your website—an impression that dictates whether they stay or leave. Think of your homepage as your law firm’s virtual lobby. You wouldn’t design a physical lobby with dim lighting, outdated decor, or a cluttered appearance. Instead, you’d aim for a modern, inviting space that reflects your firm’s professionalism and values. Your website should do the same—welcoming visitors and building trust through a clean, engaging design.

However, certain elements may inadvertently undermine that trust, including:

Outdated designs that look stuck in the past
Layouts that don’t work on mobile devices
Missing or expired security certificates
Slow-loading content or broken links

Pro Tip: Make it a habit to review your website on multiple devices every quarter. What looks great on your desktop could be a frustrating experience on a tablet or smartphone—especially since that’s where most of your potential clients will see it. A website such as browserstack.com will allow you to do this at scale.

Your Website Isn’t Designed for You

Your website is built for your users—your clients and prospects—not for you. It’s your digital storefront, and just like a physical office, it needs to offer a great experience to everyone who visits. A strong user experience is critical to building trust and keeping visitors engaged. This includes more than just page speed; it encompasses key elements such as:

Mobile responsiveness: With most users accessing websites via smartphones, your site must look and function seamlessly on any device.

Page load times: Slow-loading pages frustrate visitors and increase bounce rates.

Content quality and freshness: Outdated or poorly written content can deter potential clients, while relevant, updated content establishes credibility.

Security protocols: Features like HTTPS and updated security certificates protect users’ data and reassure them that your site is trustworthy.

User engagement metrics: Factors like time on page, click-through rates, and interactions signal how well your website is connecting with visitors.

When your website underperforms in these areas, it’s like having a business no one notices. Potential clients may never find you, or if they do, they might question your credibility. A well-designed website demonstrates professionalism, reliability, and a focus on client needs while making it easy for users to connect with you.

Action Step: Set up monthly SEO monitoring to track your issues with your website and your search visibility. Tools like Google Search Console are free and can provide invaluable insights.

The Bounce Rate Reality Check

Picture this: You’ve just invested in a prime office location, but your front door is so heavy that one in three potential clients gives up trying to open it. Sounds absurd, right? Yet that’s exactly what’s happening with your law firm’s website when your bounce rate climbs due to poor performance because your website’s bounce rate is the digital equivalent of a potential client not being able to open the door.

In technical terms, bounce rate is the percentage of visitors who leave your site after viewing just one page. But in business terms? It’s a steady stream of potential revenue walking straight to your competitors.

Let’s break down why this matters:

A 1-second delay in page load time increases bounce rate by 32%
53% of mobile users abandon sites that take over 3 seconds to load (Slightly different than the 40% rate experienced on desktop browsers)
Each bounced visitor represents a potential client who may never return

Here’s where the numbers get sobering. A single second of delay can reduce your conversions by 7%. In practical terms, if your website typically generates 50 leads per month, a slow site could be costing you 3-4 potential clients every month. Multiply that by your annual average case value, and the numbers become startling:

Average monthly leads: 50
Lost leads due to slow site (7%): 3-4 per month; 36-48 per year
Average case value: $50,000
Potential annual revenue loss: $1.8MM—$2.4MM

Why Visitors Bounce (And What It Costs You)

Every bounce represents a potential client making a split-second judgment about your firm. Here’s what’s really happening in those crucial moments:

First impression failure: Visitors equate slow loading times with poor service and question your technological competence. Their willingness to trust in your capabilities erodes before you can demonstrate skill.

Competitive vulnerability: Your competitors are just one click away, leading those bounced visitors to convert on competitor sites. You’re inadvertently sending business to other firms!

Compound losses: You’ve lowered your presence in search engine rankings results due to high bounce rates, losing immediate business opportunities, referral potential, and word-of-mouth marketing.

Pro Tip: Configure your site’s Google Analytics 4 to track bounce rate and set up custom alerts for when it exceeds industry benchmarks. This early warning system can help you identify and fix issues before they significantly impact your bottom line.

Moving Forward: Your Action Plan

Immediate Actions (Next 24 Hours)

Think of these as your digital triage—quick wins that can stop the bleeding:

Performance Assessment
Run a speed test using Google PageSpeed Insights
Document load times for your key landing pages
Test your site on both desktop and mobile devices
Screenshot current rankings for key practice areas

Security Check
Verify SSL certificate status and expiration
Check for any security warnings in browsers
Review login attempt logs for suspicious activity
Document all installed plugins and their versions

Mobile Experience
Test your site on at least three different devices
Document any display issues or broken elements
Check contact forms and click-to-call functionality
Verify menu navigation on smaller screens

Short-Term Fixes (Next Week)

These tasks will stabilize your site’s performance and plug immediate leaks:

Technical Optimization (NOTE: This is not a DIY activity. We recommend contacting a professional web developer to assist with this portion, at least.)
Update all software, themes, and plugins to latest versions*
Remove any unused plugins or themes
Implement server-side caching
Enable GZIP compression for faster load times

Content Optimization
Compress all images using tools like TinyPNG
Convert appropriate images to next-gen formats (WebP)
Audit and fix broken links
Remove any unused scripts or stylesheets

User Experience Improvements
Optimize contact forms for mobile users
Ensure phone numbers are click-to-call enabled
Fix any font sizing issues on mobile devices
Address any content layout shifts

*Carefully test your website after each update to ensure the current or most recent version for any plugins or software doesn’t negatively affect your site’s visibility or performance.

Strategic Improvements (Next Month)

Security Overhaul
Conduct a comprehensive security audit
Implement two-factor authentication
Set up regular security scans
Create a security incident response plan
Document all security protocols

Performance Enhancement
Consider implementing a Content Delivery Network (CDN)
Optimize database performance
Set up performance monitoring tools
Create a regular maintenance schedule
Document baseline performance metrics

User Experience Upgrade
Analyze user behavior with heat mapping tools
Review and optimize conversion paths
Update content for key practice areas
Implement structured data for better SEO
Document all conversion rates

Measurement & Analytics
Set up enhanced conversion tracking
Create custom reports for key metrics
Establish performance benchmarks
Document ROI from website leads
Implement lead source tracking

Quarterly Review Process

Performance Review
Analyze speed test results
Review mobile optimization scores
Check core web vitals
Document improvements and remaining issues

Security Assessment
Review security logs and incidents
Update security protocols as needed
Test backup and recovery procedures
Document any security concerns

Content Audit
Review and update practice area content
Check for outdated information
Update case results and testimonials
Document content update schedule

Success Metrics

Page load time (target: under 3 seconds)
Bounce rate (target: under 40%)
Mobile conversion rate
Form submission rate
Click-to-call engagement
Time on site
Pages per session

Pro Tip: Create a shared dashboard for your team to track these metrics in real-time. This visibility helps maintain momentum and identify issues before they impact your bottom line.

Remember, each improvement compounds! Start with the immediate actions to stop revenue loss, then systematically work through the rest of the plan. Document everything—what works, what doesn’t, and what needs further optimization.

The Bottom Line

Your website should be generating business, not preventing it. In today’s digital-first world, a slow or outdated website isn’t just an inconvenience—it’s a serious liability that affects your firm’s bottom line.

Every second your website takes to load is a second too long. Every outdated design element is a missed opportunity. Every security vulnerability is a risk you can’t afford to take.

Ready to stop leaving money on the table? Start with the action items above, or better yet, get a professional assessment of your website’s performance. Your future clients—and your bottom line—will thank you.

The Importance of Client Testimonials for Law Firms

Thu, 01 May 2025 17:35:49 GMT

Like any other business, law firms need to combine multiple strategies to show potential clients how they stand out from their competition. In addition to creating a strong website with high-quality client-centric content and utilizing a digital marketing strategy to drive traffic, law firms should ensure that client testimonials are published on their website. In this blog post, we will cover some reasons why client testimonials for law firms are so important and how your firm can get them.

Why Testimonials Matter

To some, having client testimonials may seem like a small thing, but it can make a significant difference for your law firm. They come from an unbiased source, since your opinions about your law firm are certainly biased. Testimonials provide social proof by showing that others believe in your services and are willing to vouch for your credibility. Testimonials also reach potential clients on an emotional level, increasing their chances of connecting with you. To round it off, good stories tend to capture the most attention, and testimonials are essentially good stories.

How to Ask Your Clients for Testimonials

When it comes to getting testimonials, you will obviously have to ask your clients to provide them. Likely, your satisfied clients will gladly give you feedback that you are free to share. The important thing about asking for testimonials is to give your clients a framework. This prevents the problem that arises when clients are very happy with your services, but do not know what to say about it.

Ideally, you should ask some specific questions when requesting testimonials. When crafted correctly, these questions will give clients the prompting they need to write an especially useful testimonial for you.

Start by asking clients to explain their biggest concerns before hiring your law firm and whether they were satisfied with the resolution you achieved. Go on to ask them what they value most about their relationship with your practice. You should also ask how their relationship with your firm compares to working with other professionals they’ve engaged in the past. Finally, ask clients how they would describe your firm if they were to make a referral to a peer.

What to Do with Testimonials

Remember that if clients do not want to provide a testimonial, do not push them to do so. Just ensure they know that you encourage feedback, whether positive or negative. Once you have your client testimonials, review them and decide which best fits your goals. Common goals include showing your firm is cost-effective, responsive, or well-managed. Before posting the testimonials on your website, do some light editing for clarity and length, and give your clients the chance to conduct a final review so they are satisfied that you accurately portrayed their statements. After publishing these testimonials on your site, repurpose them for multiple marketing activities.

Why Your Website Matters in Showcasing Testimonials

Your law firm’s website is often the first impression a potential client has of your brand—and it’s one of the most powerful tools for establishing trust. A well-designed website that strategically integrates client testimonials can help turn casual visitors into qualified leads.

Think of your website as your digital storefront. Just as clients might look for awards, credentials, or recognitions on your homepage, they’re also looking for validation from real people who’ve worked with you. Testimonials placed in key areas—such as your homepage, attorney bio pages, practice area pages, or alongside case studies—can reinforce your credibility at every stage of the user journey.

A few best practices when integrating testimonials into your website:

Make them easy to find: Dedicate a testimonials or “What Clients Say” page that’s easily accessible from your main navigation.
Use visuals for impact: Pair testimonials with client photos (with permission) or turn standout quotes into eye-catching graphics.
Keep it authentic: Include names, companies, or case types when possible (and appropriate). Authenticity drives trust.
Support SEO goals: Well-placed testimonials that include practice area keywords or location-specific details can also support your search engine optimization efforts.

Ultimately, a strong website backed by real client experiences sends a clear message: your firm delivers results that people are proud to talk about. Schedule a free 45-minute website consultation with our team. We’ll review your current site, identify opportunities to better showcase client testimonials, and suggest actionable improvements to help convert more visitors into clients.

Leveraging Testimonials in Your Marketing Strategy

Once you’ve gathered and curated your client testimonials, it’s crucial to strategically integrate them into your overall marketing efforts. Testimonials can be powerful tools for reinforcing your firm’s brand message across various channels.

Website Integration: While it’s essential to have a dedicated testimonials page on your website, consider embedding testimonials throughout your site as well. Place them on key pages, such as your homepage, service pages, and case studies. This approach ensures that potential clients encounter social proof at critical moments in their decision-making process.

Social Media Sharing: Client testimonials are ideal content for social media platforms. Share them as posts on LinkedIn, Facebook, Instagram, and Twitter to reach a broader audience. Consider creating visually appealing quote graphics or short testimonial videos to enhance engagement. Don’t forget to tag clients (with their permission) to increase visibility and credibility.

Email Marketing: Incorporate client testimonials into your email marketing campaigns. Whether you’re sending a newsletter, a promotional email, or a follow-up message, including a relevant testimonial can reinforce your message and encourage recipients to take action. Testimonials can be especially effective in nurturing leads and guiding them further down the sales funnel.

Video Testimonials: If possible, ask satisfied clients to provide video testimonials. Video content is highly engaging and can create a stronger emotional connection with potential clients. Feature these videos on your website, social media channels, and even in your email campaigns. A genuine, well-produced video testimonial can be more persuasive than text alone.

Incorporating Testimonials into Presentations and Proposals: When presenting to potential clients or creating proposals, include relevant testimonials highlighting your firm’s strengths. This can add an extra layer of credibility and make your pitch more compelling. Tailor the testimonials to align with the specific needs of the prospective client.

Using Testimonials in Paid Advertising: Client testimonials can also be utilized in paid advertising campaigns. Whether through Google Ads, social media ads, or display networks, showcasing a powerful testimonial can increase click-through rates and conversions. A testimonial ad can be particularly effective in retargeting campaigns, where you’re aiming to re-engage users who have already interacted with your brand.

Monitoring and Updating Testimonials: Finally, keep your testimonials up-to-date and monitor their performance across different channels. Regularly review and refresh your testimonials to ensure they remain relevant and aligned with your firm’s current objectives. Pay attention to the types of testimonials that resonate most with your audience, and adjust your strategy accordingly.

Takeaway

In a decade where nearly everything we do is online, people are more dependent than ever on reviews and testimonials. Law firms should view client testimonials as the new word of mouth. It can be challenging for legal consumers to decipher which law firm is the right choice when they’re overwhelmed with thousands of online options. However, client testimonials for law firms boost credibility and improve reputation, encouraging prospects to become clients.

Litigation Funding: The Good, The Bad, The Future

Thu, 01 May 2025 17:32:02 GMT

Third party litigation funding is the process where third party funders provide money to a plaintiff or to plaintiff’s counsel in exchange for a cut of the proceeds resulting from the underlying litigation or settlement. Until recently, outside funding for litigation was prohibited by the concepts of “maintenance” and “champerty”. The erosion of these common law concepts first began in Australia, then moved to the United Kingdom, before entering the U.S. and changing the litigation landscape.

Over the last fifteen years, litigation funding in the U.S. has expanded from a prohibited practice to a $15 billion market, and one that is expected to grow to over $25 billion by 2030. In patent litigation, conservative estimates presume funding undergirds about 30% of all patent litigation.

Litigation funding shifts the financial risks of lawsuits away from firms and individual plaintiffs to outsiders willing and able to shoulder that risk. In contrast to the traditional contingency fee model, litigation funding shifts the risk from the firm to the funders. The financial model of litigation funders allows the risk-shifting. Such investments in litigation are non-recourse loans, meaning that whether the suits are won or lost, the lawyers get paid.

In addition, litigation funding may help smaller entities and individuals compete with corporations. Without capital from funders, small businesses and even some non-practicing entities would not be able to take their cases to court because they could not compete against a large corporations’ legal departments, outside counsel, and sizeable budgets. Here, funding gives some patent holders a fighting chance.

Litigation funding also benefits patent holders by monetizing their claims up front. For example, an influx of capital from a funder can sustain a small startup, help launch its technology, and defend its interests. Without funding, smaller and startup businesses would need to take on all the risks and costs of litigation, and if they won—whether at trial or by settlement—they would have to wait for the case’s resolution to receive any money.

Further, there is an argument that litigation funding increases access to justice. When a smaller entity holds an otherwise valuable patent, but one that it cannot litigate due to financial constraints, litigation funding allows the smaller entities access to litigation. Without funding, a small-time patent holder may have no other recourse or access to justice.

Nonetheless, litigation funding is not without criticism. For example, funders may exercise significant control over litigation. This could arise from the terms of the agreement. Or the control may come from calculated decisions about where to file to maximize likely return, or determining the parameters of settlements. Or a funder may determine the parameters of settlements. This type of influence can interfere with the professional independence of lawyers and their loyalty to clients.

In a similar vein, funding may contravene the Model Rules of Professional Conduct, which are designed to ensure that lawyers act in the best interest of their clients. For example, Model Rule 1.2(a) says, “[a] lawyer shall abide by a client’s decision whether to settle a matter.” But, in some funding agreements, provisions allow funders to make decisions about whether and when to settle. And, unlike attorneys, funders do not owe a fiduciary duty to the plaintiffs and may not be acting in their best interest.

As another example, Model Rule 5.4 prohibits fee-splitting between a lawyer and a non-lawyer, except under some outlined exceptions. However, some funding agreements violate Rule 5.4’s fee-splitting provision because funders are paid a percentage of the legal fees secured by the plaintiff’s attorney.

Another criticism of litigation funding is that it allows outsiders to use courtrooms as a trading floor. Such funding can incentivize the filing of non-meritorious litigation. Litigation is expensive, so most businesses avoid it. Indeed, businesses often settle cases rather than engage in protracted and costly litigation, regardless of whether the claims are legitimate. Since litigation funding shifts the risk from plaintiffs to outsiders, there is less risk associated with non-meritorious claims.

Lastly, third party funding in patent suits may pose a threat to national security where the identities of funders are hidden. The fear is that this secrecy could allow foreign adversaries to benefit by influencing the American legal system, devaluing existing patents, interfering with innovation, gaining access to sensitive information, including military technology, evading sanctions, or otherwise harming U.S. interests.

With these national security concerns in mind, about two years ago fourteen state attorneys general signed a letter expressing their concerns. As Vice Chairman of the Senate Intelligence Committee, current U.S. Secretary of State Marco Rubio and Senator John Kennedy (when he was Ranking Member of the Subcommittee on Federal Courts) have also echoed these concerns. In Washington, U.S. Representative Darrell Issa, Chairman of the House Judiciary Subcommittee on Courts, Intellectual Property, and the Internet, is leading the charge to regulate. The related hearing, “The U.S. Intellectual Property System and the Impact of Litigation Financed by Third-Party Investors and Foreign Entities,” examined IP litigation financed by third party investors and foreign entities, including the impact of those developments on the U.S. IP system and U.S. national security.

Following the hearing, Rep. Issa released the Litigation Funding Transparency Act of 2024, which requires the disclosure of any third-party that has a right to receive any payment contingent on the outcome of the civil action and require the agreement creating the right to receive payment be produced to the court and named parties. It would not, however, require disclosure of any individuals or entities who do not receive payouts from funds obtained in settlements or court judgments. The Act further includes exceptions for funders who receive payments solely for the purposes of reimbursement or loan repayment. Ultimately, the Act would require transparency and the disclosure of the third-party funders’ involvement to ensure the court and parties are aware of the agreement.

In sum, litigation funding may improve access to justice to smaller entities, shifts the risk from lawyers and or clients to others, and keeps many lawyers employed. On the other hand, litigation funding may threaten the professional independence of lawyers, contravene the Model Rules of Professional Conduct, decrease transparency in the legal system, and pose national security risks. Regardless, as a $15 billion industry occurring in about 30% of patent infringement suits, it is a behemoth that has invited much criticism and some government response.

Why Lawyers Hate Marketing—and What Marketers Can Do About It

Thu, 01 May 2025 17:29:40 GMT

For many attorneys, marketing carries an unshakable association with desperation. “Good lawyers don’t need to advertise,” goes the thinking. “The work speaks for itself.”

This isn’t mere snobbery. It reflects a deeply ingrained professional value system where excellence and dignity reign supreme. Consider that for centuries, lawyers built practices entirely through reputation and referral. The attorney who actively sought clients was viewed with suspicion—if they were truly skilled, wouldn’t clients naturally seek them out?

The solution for legal marketers isn’t to dismiss these concerns but to reframe marketing in terms of professional dignity as an extension of professional skill rather than a substitute for it.

The issue isn’t marketing itself—it’s what attorneys think marketing means.

In many legal minds, “marketing” conjures images of TV commercials asking “Have you been injured?” or aggressive sales tactics. They don’t instinctively connect it with the relationship-building and reputation-management activities they already value.

The Weight of History

Until 1977, legal advertising was actually prohibited. When the Supreme Court’s Bates v. State Bar of Arizona decision finally permitted attorney advertising, cultural attitudes didn’t magically transform overnight.

This historical context explains why many senior partners—particularly those who began practicing before the mid-1980s—view marketing with instinctive suspicion. They were trained in an era when promotional activities could result in disbarment!

The Economics of Resistance

Let’s also acknowledge the elephant in the room: time spent on marketing is time not spent billing clients. In a profession where success is literally measured in six-minute increments, this creates an immediate economic disincentive.

“Every hour I spend on a blog post is an hour I’m not billing at $750,” explained one candid partner. “Unless you can show me how that post generates more than $750 in value, the math doesn’t work.”

This isn’t shortsighted—it’s rational economic calculation. The challenge for marketers is demonstrating ROI in terms attorneys value. Make marketing worth attorneys’ time by addressing the “what’s in it for me?” factor directly.

Cognitive Style Mismatch

Legal training ruthlessly develops analytical precision, risk awareness, and evidence-based thinking. Lawyers are professionally rewarded for identifying problems, mitigating risks, and focusing on details—the exact opposite of marketing’s bias toward positive messaging, emotional appeals, and big-picture vision.

This difference in cognitive style creates friction when reviewing marketing materials. What marketers see as compelling storytelling, attorneys often view as factually imprecise. What lawyers consider appropriately cautious language; marketers see as watered-down messaging.

Successful firms address this by creating hybrid processes that satisfy both mindsets. One way to do this is by pairing marketing creatives with dedicated attorney editors who ensure accuracy without killing the engaging tone.

Ethics and Advertising

Marketing in legal services exists within a complex regulatory framework that goes beyond typical truth-in-advertising standards. Bar association rules vary by jurisdiction and can restrict everything from client testimonials to specific language about specialization.

But the unwritten ethical concerns often exert even more influence than formal regulations. Many attorneys have a negative visceral reaction to anything that feels “ambulance-chaser adjacent”—even when it’s perfectly compliant with bar rules.

Savvy marketers turn this challenge into an advantage by building ethics into their messaging strategy from the ground up. Rather than seeing ethical guidelines as constraints, they position them as differentiators that showcase the firm’s commitment to professionalism.

Evidence-Based Decision Making

When proposing a new marketing initiative, be prepared for attorneys to approach it like a legal argument: “Show me the precedent.”

Lawyers are trained to make decisions based on evidence, precedent, and proven methodologies. The often-intuitive nature of marketing decisions can trigger skepticism. When you suggest a website redesign because “it feels outdated,” expect to be met with raised eyebrows.

Successful legal marketers adapt by building evidence-based decision processes. Before proposing changes, they arm themselves with competitive analyses, client feedback data, and industry benchmarks.

Status Quo Bias

The legal profession has a particular reverence for precedent and established practice. “We’ve always done it this way” isn’t just a reflexive response—it’s a core professional value in a field where stability and predictability are prized.

This creates a powerful status quo bias that can hamstring marketing innovation. The key to overcoming this isn’t to fight against precedent but to use it strategically. Smart marketers also recognize the difference between revolutionary and evolutionary change. Small, incremental shifts that build on existing programs typically face less resistance than dramatic pivots, even when the end goal is the same.

Practical Strategies for Marketers

If, by this point, you feel like you’re fighting an uphill battle, you’re not alone. But that doesn’t mean you should throw in the towel. Here are a few strategies we’ve leveraged to gain traction with our lawyers and clients:

Speak Their Language

Want to get lawyers on board with your marketing plan? Present it like a legal brief.

Structure your proposals with clear “arguments” supported by specific evidence. Begin with a concise executive summary that outlines your recommendation and supporting rationale. Follow with detailed evidence organized by key points. Anticipate objections and address them proactively.

Analogies that connect marketing concepts to legal practice are particularly effective. “This content strategy is like building a compelling case—we’re systematically developing the evidence that positions us as the authority in this practice area.”

Build Marketing Advocates

Every firm has them: lawyers who secretly find marketing interesting but don’t want to be the first to admit it. Identifying these potential advocates is crucial to building internal support.

Look for attorneys who:

Regularly share industry articles

Have previous business experience

Show interest in client development

Ask questions about marketing metrics

Once identified, involve these attorneys in pilot programs where they can experience marketing success firsthand. Their positive experiences create powerful social proof for skeptical colleagues.

At one litigation boutique, the marketing director identified a senior associate with untapped business development potential. After coaching him through a successful thought leadership campaign that generated three new client inquiries, she gained not just an advocate but a missionary who actively recruited other attorneys to the marketing program.

Redefine Success Metrics

Generic marketing metrics rarely resonate with attorneys. Website traffic, social media engagement, and email open rates feel disconnected from business results that matter to lawyers.

Develop practice-specific metrics that directly connect marketing activities to business outcomes attorneys value. Instead of reporting blog visits, report how many qualified prospects contacted the firm after reading thought leadership. Instead of social media followers, track relationship development with specific target clients.

Visualization is crucial here. Dashboard approaches that clearly show the connection between marketing activities and business results transform abstract concepts into tangible value. When Jenner & Block implemented a dashboard tracking system that connected marketing touchpoints to new matter openings, attorney participation in marketing initiatives increased by 40% within six months.

Streamline Approval Processes

Nothing kills marketing momentum faster than cumbersome approval processes. When attorneys must review every tweet, blog post, and press release, bottlenecks are inevitable.

Smart marketers create governance frameworks that balance control with efficiency. Consider:

Template approach: Develop pre-approved templates for common content types

Tiered review: Implement different review levels based on content sensitivity

Designated reviewers: Train specific attorneys to serve as efficient marketing reviewers

Technology solutions: Utilize workflow platforms that streamline review processes

Thought Leadership vs. “Selling”

The fastest way to secure attorney buy-in is to focus on thought leadership rather than overt promotion. Lawyers who recoil at traditional marketing often eagerly contribute to educational content that showcases their expertise.

The key distinction is positioning. “Writing promotional content about our services” triggers resistance. “Educating the market about a complex legal development” aligns perfectly with how attorneys view their professional role.

This approach doesn’t just secure attorney participation—it often produces more effective marketing. Educational content that genuinely serves clients’ informational needs typically outperforms promotional material in engagement, sharing, and lead generation.

Leverage Partner Strengths

Attorneys are trained to analyze complex issues, identify key insights, and present persuasive arguments—skills that align perfectly with effective content creation.

The marketer’s role is to harness these strengths while managing the limitations. Successful programs typically involve:

Structured interview approaches that efficiently extract attorney insights
Professional writing resources that transform rough thoughts into polished content
Clear timelines that respect attorneys’ scheduling constraints
Attribution systems that appropriately credit contributing attorneys

Show, Don’t Tell

Nothing convinces attorneys like results. Build credibility by documenting marketing successes and sharing them internally.

Effective approaches include:

Case studies connecting specific marketing activities to new business
Client testimonials that mention marketing touchpoints
Competitor examples demonstrating the impact of similar initiatives
Before-and-after metrics that clearly illustrate improvement

Education-First Approach

Many attorneys resist marketing simply because they don’t understand it. Strategic education can transform skeptics into supporters.

Consider developing:

Marketing workshops customized for legal professionals
Lunch-and-learn sessions on specific marketing tactics
New associate training that includes business development fundamentals
Internal resource libraries that explain marketing concepts in legal terms

Building Bridges, Not Barriers

The lawyer-marketer divide isn’t inevitable. By understanding the legitimate concerns behind attorneys’ resistance to marketing, savvy professionals can develop approaches that align with legal values while advancing business goals.

This isn’t about tricking lawyers into marketing or watering down effective strategies to appease skeptics. It’s about finding the sweet spot where professional dignity, ethical standards, and business development converge.

The firms that master this balance gain a powerful competitive advantage: the ability to market effectively in a profession where most still struggle with the very concept.

As one managing partner told me after his firm’s marketing transformation: “We didn’t start marketing more—we just started marketing right.”

California Case Summaries: New California Civil Cases

Thu, 01 May 2025 17:10:45 GMT

CALIFORNIA SUPREME COURT

Civil Procedure

Madrigal et al. v. Hyundai Motor America (2025) _Cal. 5th_, 2025 WL 943693: The California Supreme Court decided a narrow question regarding the interplay between Code of Civil Procedure section 998 and the recovery of costs as the prevailing party under Code of Civil Procedure sections 1032 and 1033.5. The trial court ruled that section 998 did not apply because the parties settled before the trial was concluded. The Court of Appeal and the California Supreme Court disagreed, ruling that cost shifting under section 998 is not limited to cases resolved by trial or arbitration. The California Supreme Court ruled that when a plaintiff rejects a 998 offer or allows it be deemed withdrawn, and later agrees to settle before trial, section 998 sets the default rule regarding cost shifting if its terms are met, but the parties are free to agree to their own allocation of costs and fees as part of the settlement agreement. (March 20, 2025.)

Torts

Escamilla v. Vannucci (2025) _Cal. 5th_, 2025 WL 943692: The California Supreme Court reversed the Court of Appeal and the trial court, ruling that an action for malicious prosecution against an attorney, brought by formerly adverse parties and not by the attorney’s clients or the intended beneficiaries of the attorney’s clients, is governed by the two-year statute of limitations in California Code of Civil Procedure section 335.1, not the one-year limitations period in California Code of Civil Procedure section 340.6 for actions against attorneys. (March 20, 2025.)

CALIFORNIA COURTS OF APPEAL

Arbitration

Arzate v. ACE American Insurance Company (2025) _ Cal.App.5th _, 2025 WL 309326: The Court of Appeal reversed the trial court’s order that reversed its earlier order granting defendant’s motion to compel and lifted the stay of litigation after neither of the parties took any action to initiate arbitration. The underlying action was a wage and hour action by employees against defendant employer. The arbitration agreements at issue required any person having employment related legal claims to submit them to arbitration. They also required the party who wanted to start the arbitration procedure to begin the process by filing a demand for arbitration. The trial court concluded that the defendant had the obligation to commence arbitration, which is why it lifted the litigation stay after no one initiated arbitration. The Court of Appeal disagreed and reversed the trial court, concluding that under the arbitration agreements the party wanting to assert a claim governed by the arbitration agreements had the obligation to commence arbitration. In this case that was the plaintiffs. Defendant did not breach the arbitration agreements or waive its right to arbitration by failing to submit the plaintiffs’ claims to arbitration. (C.A. 2nd, filed January 27, 2025, published February 19, 2025.)

Employment

Lowry v. Port San Luis Harbor Dist. (2025) _ Cal.App.5th _, 2025 WL 615281: The Court of Appeal affirmed the trial court’s order granting defendant’s motion for summary judgment against plaintiff’s single cause of action alleging that defendant violated the Fair Employment and Housing Act (FEHA; Gov. Code, § 12900 et seq.) when it concluded that plaintiff was not eligible for relief under FEHA and denied plaintiff’s request for disability retirement payments after plaintiff suffered a workplace injury rendering him unable to perform his essential functions as a harbor patrol officer even with reasonable accommodations. The Court of Appeal concluded that the denial of disability retirement payments is not an adverse employment action under FEHA. Disability retirement payments do not facilitate a qualified employee’s continued employment, job performance, or opportunity for advancement. They serve as income replacement for employees who can no longer work. An individual who is not a qualified employee cannot bring a disability discrimination claim under FEHA for the denial of disability retirement payments. (C.A. 2nd, February 26, 2025.)

Contracts

Miles v. Gernstein (2025) _ Cal.App.5th _, 2025 WL 942514: The Court of Appeal affirmed the trial court’s judgment, following a bench trial, concluding that an oral traditional surrogacy agreement that plaintiff (a single lesbian) entered into with defendant (a single gay man) controlled the relationship between plaintiff and the child born following that agreement, and plaintiff was not a parent to the child under that agreement. The Court of Appeal affirmed the trial court’s judgment, concluding that the law does not require that a traditional surrogacy contract be in writing, that Family Code section 7610 did not mandate a finding that plaintiff was the child’s mother, California case law did not prohibit the oral surrogacy agreement, and public policy supported the enforcement of the oral surrogacy agreement. (C.A. 3rd, March 28, 2025.)

Insurance

Prahl v. Allstate Northbrook Indemnity Co. (2025) _ Cal.App.5th _, 2025 WL 942513: The Court of Appeal affirmed the trial court’s order denying plaintiff’s petition to compel arbitration of his underinsured motorist claim. The accident occurred in 2016. After settling with the two other drivers, plaintiff initiated his underinsured motorist claim with defendant and defendant agreed to arbitrate the claim on May 29, 2018. The matter was set for arbitration in November 2022, but was continued due to the unavailability of plaintiff’s counsel. In late 2023, plaintiff contacted defendant to reschedule the arbitration, and defendant took the position that the arbitration could not go forward because the five-year deadline to complete arbitration set forth in Insurance Code section 11580.2(i) had expired. The trial court properly denied the petition to compel arbitration, properly concluding that arbitration was barred by Insurance Code section 11580.2(i) and Judicial Council emergency rule 10 (Cal. Rules of Court, appen. I, emergency rule 10) did not extend the deadline. (C.A. 3rd, March 28, 2025.)

High Rates, Low Hours: The Future of Law Will Break Your Business Model

Thu, 01 May 2025 17:08:11 GMT

For decades, law firm financial models have been built on a simple premise: people doing lots of work. The industry has functioned on the billable hour, where time is directly equated with money. It has become a universal metric of value. But that model is standing on the edge of a cliff, and over the next five years, it will be pushed off by the rapid and unrelenting advance of artificial intelligence.

We are entering a period of fundamental transformation. The implications are not just about technology, but about values, business models, pricing, training, and what it even means to be a lawyer. The traditional calculus of legal services is about to change dramatically.

The Crumbling Foundation: Time-Based Pricing in a Post-AI World

The billable hour has always had its limitations. It rewards inefficiency, punishes productivity, and creates misaligned incentives between lawyers and clients. But it persisted because clients had few alternatives. That is about to change.

AI, particularly generative models, are already transforming the way legal work gets done. Tools like Harvey, Spellbook, and even ChatGPT are accelerating contract review, research, drafting, and analysis. McKinsey projects that up to 44% of legal tasks could be automated by current technologies. Goldman Sachs suggests that as much as 23% of the work of lawyers could be replaced by generative AI.

For clients, this is a game-changer. They will no longer tolerate being billed hundreds of hours for tasks that AI can complete in minutes. They will demand efficiency and transparency. They will seek legal partners who align with their values and needs, not those who cling to outdated revenue models.

The Rise of In-House Legal Teams and Legal Ops

One significant shift we will see is the continued growth and sophistication of in-house legal departments. As law firms lag behind in adopting AI or cling to the billable hour, clients will bring more work in-house. General Counsels, equipped with AI tools and increasingly trained in legal operations, will build leaner, more tech-savvy teams.

In fact, the Association of Corporate Counsel (ACC) reports that 57% of in-house teams are already using legal technology to increase efficiency. The legal ops revolution is not coming. It is here. And it is only accelerating.

Clients will simply refuse to pay for inefficiency. They will expect law firms to deploy AI just as they expect them to use email or e-filing systems. Those who fail to do so will be outcompeted by firms that embrace change or by in-house teams that deliver faster, cheaper, and better.

A Shift to Values-Based Pricing

In this new world, the value of a lawyer will not be in the number of hours they work, but in the judgment they bring. As AI handles more of the grunt work, what clients will pay for is wisdom. Strategic thinking. Creative advocacy. Trusted counsel. Relationships and reputation.

This is why we will see a dramatic increase in hourly rates, even as the hours themselves become less central. Lawyers will be hired for the problems they can solve, not the tasks they can perform. Value-based pricing will become normative.

This isn’t theoretical. We’re already seeing this shift. At elite firms, partners command rates of $2,000 an hour or more. That rate isn’t about the time it takes to draft a document. It’s about the experience, network, and influence that lawyer brings to the table. In the next five years, that kind of pricing model will become mainstream, not niche.

Firms that succeed will shift from selling labor to selling insight. A fifteen-minute phone call that changes the trajectory of a deal will be seen as more valuable than a hundred hours of AI-assisted document review. This is a fundamental reframing of legal value.

Implications for Law Firm Business Models

These changes will ripple through every part of the firm. First, staffing will change. Fewer junior associates will be needed to grind through discovery or research. Firms will need to be leaner, with a greater emphasis on senior attorneys who can deliver high-value judgment.

Compensation models will need to evolve. Originations, relationships, outcomes, and innovation will matter more than sheer billable hours. Firms will invest in knowledge management, AI fluency, and client service over traditional leverage ratios.

We will also see the rise of new kinds of firms entirely. Boutique, virtual-first, AI-native practices will emerge and thrive. They will offer flat fees, subscriptions, and project-based pricing. They will meet clients where they are. And they will force legacy firms to adapt or die.

Training Tomorrow’s Lawyer

If the work of lawyers is changing, then so too must the way we train them. Law schools can no longer produce attorneys who are good at issue spotting and memorization alone. They must cultivate empathy, creativity, adaptability, and business sense.

The curriculum will shift. Expect to see more courses in legal tech, innovation, negotiation, and human judgment. Clinics and experiential learning will become even more critical. AI literacy will be as essential as legal writing.

And beyond law school, firms will need to rethink mentorship and training. Associates will not learn by osmosis from endless hours in the trenches. They will need structured development and exposure to strategic thinking early and often.

The Lawyer as Strategic Partner

In a world where machines do much of the heavy lifting, the human lawyer becomes even more important—not as a technician, but as a strategic partner. This is the lawyer who understands the client’s business, anticipates issues, and guides them through risk and opportunity.

The human edge will be judgment, empathy, persuasion, and the ability to operate in ambiguity. Lawyers who can synthesize complex information, build coalitions, and negotiate outcomes will be indispensable.

This is a hopeful vision. It is not about obsolescence. It is about elevation. AI will take over the mundane so that lawyers can do what they do best: help people solve problems and make better decisions.

Conclusion: Five Years to Reinvent the Profession

The legal industry has five years. Five years to rethink its pricing, value, and purpose. Five years to reimagine its training, staffing, and culture. Five years to build a profession that is not only AI-resilient but AI-enhanced.

The firms that will thrive are those that embrace this moment. That see AI not as a threat, but as a catalyst. That understand that the billable hour is not sacrosanct. That are willing to lead. The upside here is agile firms will be able to serve clients whose matters they were previously unable to serve.

Because the future is not about time. It is about value. And the time to start is now.

Few Employees Are Reading Your Emails

Mon, 31 Mar 2025 20:15:32 GMT

In an article I wrote long ago, I encouraged law firm managers and owners not to manage by email. Email is mainly ineffective for conveying messages or instructions to specific employees.

Emails can be helpful when conveying firm-wide messages. They can also be used if a law firm is trying to document something for legal purposes with a specific employee.

However, email can often be misinterpreted. Frequently, somebody can read an email and take it the wrong way. They may think somebody is upset when they are not, or they might think something is clear when it is vague.

Employees Are Not Reading Your Emails

Another drawback of sending many emails within your law firm is that few employees read them. Law firm managers and owners often send detailed instructions to other employees, which could involve legal or administrative tasks they want completed.

However, with the voluminous number of emails flying on a given day, many employees are not even reading your emails. If they are reading them, they may just be glossing over them quickly. Emails sent after hours are read with even less frequency than emails sent during work hours.

this reason, when a law firm owner or manager wants to convey an essential message to an employee, it is almost always better to speak to that person directly. If that is not possible, calling that employee on the phone or having a virtual meeting with them can be far more effective.

A law firm owner or manager can email to follow up on the conversation and document it. However, if the instructions are emailed, the employee often has not even thoroughly read the email.

They Should Read My Emails

Upon hearing this, many law firm managers and owners insist that employees read their emails. They might think the employee is disrespectful or insubordinate by not reading their emails.

The reality, however, is that if the law firm manager or owner wants a task done, they need to walk down the hall and talk to somebody, call them, or do a virtual meeting with that employee. Talking to somebody directly increases the chances of the task being done correctly.

On the other hand, if the law firm manager is firing off instructions via email, the chances of that task being done correctly infinitely decrease. A law firm manager or owner can insist on sending lots of emails. However, if the emails are not working, the law firm manager or owner needs to change by communicating less by email.

San Diego, April 2025

Mon, 31 Mar 2025 19:13:38 GMT

Orange County, April 2025

Mon, 31 Mar 2025 19:10:57 GMT

Building Trust Through Representation

Mon, 31 Mar 2025 18:10:57 GMT

Contact

Charles Rho

Rho Law Group, P.C.

5420 Trabuco Road, Suite 150

Irvine, CA 92620

(949) 620-7777

www.rholawgroup.com

How a Client-Centered Approach and Multicultural Awareness Drive Success

"The overriding goal of a personal injury or worker’s compensation attorney is to keep his or her clients happy. That’s the job in a nutshell and our growth between the then and now showcases just how well our approach works,” says Charles Rho, Founder of Rho Law Group, P.C.

His philosophy has proven itself in the consistent expansion of his firm. Rho Law Group employs 16 people: Rho, an associate counsel who speaks Mandarin and Cantonese, three hearing representatives who all speak Spanish, one full-time marketer, and a roster of case managers.

The firm’s second attorney, also a top tier graduate, is fluent in the Mandarin and Cantonese dialect and can also speak directly to clients who are not able to communicate in English. The three recently hired case managers are graduates of top tier law schools and will be taking the California State Bar exam in the near future. Case managers work directly with clients from the inception of their cases through settlement or trial. They direct the workflow of each case, answer any questions that clients have, and act as a liaison between the client and the insurance carrier and defense counsel.

“Having the new bi-lingual case managers in addition to our Spanish-speaking hearing representative and our bi-lingual attorney, assures that all of the clients have an opportunity to speak directly with a representative of our office who understands their concerns and can address them adequately,” Rho says.

Studies show that one of the biggest and most common complaints from attorney and law firm clients is the lack of one-on-one communication with their attorney. Clients have a legitimate need to be assured that the attorney they sought and retained not only understands their issues and is prepared to advocate for them, but is also readily available to them. That’s one of the main reasons Rho makes it his policy to speak personally to each new client and to advise them about the law relating to their situation. He also does his homework and is fully able to discuss the individual circumstances of the client’s case and to describe the firm’s plan of representation. This personal touch gives clients confidence in the firm, allows Rho to answer any questions, and to dispel any erroneous information which may interfere with their cooperation in the handling of their case.

One of the new developments is the formation of a litigation department. Previously they handled all litigation through associated counsel. The new in-house department ensures a closer working relationship with clients and a way of being directly responsive in prosecution and settlement of their claims. By maintaining a tighter control of the litigation process, the firm’s clients feel more secure in representation and more comfortable in how their case is being handled.

Charles Rho, Founder of Rho Law Group, P.C.

Expanding Demographics Leads to Expanding Services

The additional personnel and the expansion into new offices reflects changes in the firm’s client base and in the community at large. Many of the people creating that expansion fall into the category of underserved people.

The Asian population of Irvine is 44.1 percent and the percentage of the population claiming two or more races is 11.2 percent and the Hispanic community residing in Irvine constitute 11.3 percent. One way Rho’s firm meets the challenges of an expanding and increasingly diverse population is by providing clients translation services for speakers in Mandarin, Cantonese, Korean, and Spanish. Additionally, the attorneys and staff are always making efforts to continue their tradition of cultural awareness of the people who comprise their client base.

Rho says, “We have become readily familiar with the unique needs and wants of the demographics of our neighbors and we are now serving as well as the particular psychographic characteristics of each community. Our recognition of the specific needs and comfort level of each population has led to stronger client relations. We have witnessed increased client trust in our staff and confidence in our office.”

Many of his Asian and Hispanic clients face challenges unique to their personal, business, or cultural needs when they first approach attorneys who only speak English, a challenge compounded when the firm keeps “office hours” and is slow to respond.

Rho says, “It’s important to understand the needs of a diverse group of clients, but it’s just as important for them to know that you, their attorney or their law firm, will be there whenever needed, not just when the attorney gets around to returning a call or an e-mail. We’re on call 24/7 for our clients.”

Clients agree.

“Charles Rho was very helpful and nice and I definitely recommend him! He also speaks perfect Spanish which is great for Latinos who are in need of help.” —Angelica P.

Speaking from Experience

During his high school years, Rho lived in Sydney, Australia. His parents had work permits and weren’t citizens or residents with a permanent visa. Prior to moving to the U.S., they hired an attorney to help move the process along as swiftly and as efficiently as possible. The family wasn’t wealthy and struggled with the costs of immigration, including legal fees. “I remember it seemed like the attorney was just billing and billing and billing. When you come across clients who are having a tough time making ends meet and yet are in real need of a good attorney, I remember those days. Seeing good people in the same position I used to be in gives me a strong connection to help them as much as I can, not just the financial incentive, but in understanding what these people are going through and in helping them get through it.”

Charles Rho and his team at Rho Law Group, P.C., provide a personal touch in legal advocacy.

No “Lost Causes”

People who make the mistake of attempting to handle their own legal challenges or people who have experienced an attorney or firm failing to provide adequate services discover the attorneys at Rho Law Group do not believe in so-called lost causes. Rho says, “We refuse to label a case as lost. We use our best efforts to make sure that all appropriate legal representation and processes available under the law have been provided to make each case.”

For example, recently a client arrived totally lost within the complicated legal environment of workers’ compensation. He thought his case was hopeless, but the reputation of the firm and the man’s desperation brought him in. The attorneys began by correcting his application to reflect two specific back injuries occurring on different dates and a continuous trauma injury that occurred while he was employed. They were successful in getting their client’s claims accepted by the insurance company and to successfully demand that his back surgery be approved and provided.

The attorneys worked with the insurance carrier to obtain total temporary payments for the time of their client’s incapacitation and to monitor those payments to ensure they were made in a timely manner. They also made sure that the client received necessary medical treatment and recuperative therapy in the medical provider network (MPN). The client’s deposition, taken more than a year later, revealed injuries from two prior auto accidents. Such revelations often provide an avenue for defendants to apportion the cause of the injury away from the trauma that occurred while the applicant was employed and to minimize the injuries deemed job-related. The defendants attempted to settle the claim to limit their exposure based on the two prior auto accidents. Rho Law Group attorneys did not believe it was in their client’s best interest to settle. They also referred the client to a psychologist for further treatment to enhance his medical treatment and to develop the case further. The defendant made contact several times regarding an early settlement, but the offers were not considered meritorious. Eventually the defendant insurance carrier agreed to settle the claim for $115,000, which was agreeable to the client.

Working with clients who feel their case is worthless is a challenge and for Rho perhaps the biggest challenge. “They’re always in a tough place. They have rent to pay, car payments, medical bills, kids in school and so on and so on and they tend to drop a lot of that emotional baggage on their attorney. You have to listen and be sympathetic, but at the same time, you don’t want to give them false promise just because they’re struggling. You have to be firm and tell them the consequences while reassuring them that you’re going to give them the 100 percent of your time, energy and expertise they deserve.”

Continual Evolution

“Our office culture continually evolves in that we challenge our ability to provide legal services in an environment of multi-culturalism. We strive to create a culture of openness, and inclusivity not only within the firm, but in all our client relations and our provision of services,” Rho says.

The attorneys and staff believe firmly that personal participation on the part of the attorney builds a strong bond of trust on the part of the client and leads to a better working relationship. This in turn leads to better case resolutions and, ultimately, achieving the goal of making clients happy. Creating that client happiness feeling is the genuine sense of family. That sense is expressed by a concerned and capable staff working as a team providing legal services through employees who enjoy working together and who value and appreciate their working relationships with each other. This sense of cooperation, and the familial environment extends to the way in which they provide legal services.

Rho sees that everyone in the firm is continually educated and trained in diversity and to directly and successfully address any resistance or bias that arise. Each employee works diligently to make each client feel at home when they call or appear for a personal appointment. This personal touch is matched by the creation of true working relationships with clients and to understand each of their particular situations and how these situations interact or affect their legal issues. The attorneys practice genuine two-way communication with clients rather than engaging in “canned” questions and cursory responses to important questions. They seek to engage clients in meaningful dialogue to ensure the clients feel involved in the prosecution of their claim and that they are genuine part of the resolution process. Rho says, “Our clients come to understand that our legal representation is more than mere case-handling, but a step in making their lives better.”

Rho is equally conscientious with his staff. He does not employ an office manager and prefers to work with everyone in the firm in person. “I’m very direct with people; I don’t want to have a middle person who delays or even blocks the process. If they come, if they need something, I tell them yes or no and the decision is done, so they don’t have to wait.”

Growth, innovation, and commitment is Rho Law Group’s vision for the future.

Moving Ahead

Rho predicts strong movement and an increase in the firm’s client base. The growth of the firm and its expanding client base and level of services is symbolized by a move into new offices on Trabuco Road in Irvine.

They are currently experiencing an increase in employment claims possibly due to economic uncertainty, changing attitudes toward wealth, the aging work population, more remote work options and increased use of technology. All of these factors are certain to have a long-term effect on the workplace environment and increase the need for qualified and experienced legal representation, especially as these areas become more complex.

Currently their focus in employment law is still primarily wage and hour law violations. Accountability for employment practices is another essential issue in claims and there will be more emphasis placed on employee health and wellness in the future, especially mental health. Remote work is expanding and diversifying, and employees are more inclined to speak out when they experience or see unacceptable behavior in the workplace.

Rho believes the future in employment law will find his office involved more into representation that focuses on worker’s rights and practices as they reflect changing societal norms. This representation will be concentrated on compensation transparency, benefits and working conditions, discrimination protection and anti-retaliation. The practice goals in this area are to ensure a level playing field for all employees regardless of their background or personal characteristics. To help expedite their efforts, Rho Law Group recently joined the California Employment Law Association.

Rho says, “We’re growing in terms of staff size, office space and, most important, in terms of the services we provide our existing and new clients. All that, of course, is based on one basic principle—make sure the client is smiling when he walks out the door. Make sure the client is happy.”

Building Trust Through Representation

Mon, 31 Mar 2025 18:08:00 GMT

Contact

Charles Rho

Rho Law Group, P.C.

5420 Trabuco Road, Suite 150

Irvine, CA 92620

(949) 620-7777

www.rholawgroup.com

How a Client-Centered Approach and Multicultural Awareness Drive Success

Charles Rho, Founder of Rho Law Group, P.C.

Expanding Demographics Leads to Expanding Services

Clients agree.

“Charles Rho was very helpful and nice and I definitely recommend him! He also speaks perfect Spanish which is great for Latinos who are in need of help.” —Angelica P.

Speaking from Experience

Charles Rho and his team at Rho Law Group, P.C., provide a personal touch in legal advocacy.

No “Lost Causes”

Continual Evolution

Growth, innovation, and commitment is Rho Law Group’s vision for the future.

Moving Ahead

Partners, Priorities, and Progress: Navigating Intergenerational Dynamics in Law Firms

Mon, 31 Mar 2025 17:54:08 GMT

The legal profession, steeped in tradition and hierarchy, is undergoing profound generational shifts that challenge the way law firms operate internally. These shifts reveal the complexities of managing intergenerational leadership and highlight the need for firms to adapt to a rapidly evolving landscape.

The Evolution of Leadership in Law Firms

Traditionally, law firms have been led by senior partners who rose through the ranks, often dedicating decades to their firms with an implicit understanding of long-term loyalty and eventual leadership. This model emphasized extensive hours, sacrifice, and the eventual reward of equity partnership. However, the career mindsets of younger generations have upended this traditional trajectory.

When I was young in my career, the expectation was 60-hour work weeks. The M&A attorney in the office next to me even had a sleeping bag in his office. Unfortunately, I bought into that leadership mentality, and my expectations for my staff were often unrealistic and perfectionist. Over the years, I have realized how important understanding generational influences and expectations can be in altering your career trajectory and how you lead.

Today, younger lawyers approach their careers with a vastly different set of priorities. For many, the goal of making partner holds less allure, and work-life balance is a non-negotiable cornerstone of their professional lives. This generational shift is not inherently negative; in fact, younger lawyers’ ability to set clear boundaries and advocate for balance is commendable. However, these boundaries often collide with senior leadership’s expectations and working styles, creating friction within firms.

The Challenges Facing Leadership

Leadership in law firms now faces the dual challenge of honoring the well-established demands of client relationships while navigating internal generational dynamics.

Increased Pressure on Leadership: Senior leaders are more taxed than ever as they strive to bridge the gap between maintaining client satisfaction and accommodating the workstyles of younger lawyers. While young attorneys excel at setting boundaries, firm leaders’ responsibilities often extend beyond their own professional boundaries—responding to clients at all hours, mentoring associates, and driving business development. The result is a leadership cohort at risk of burnout as they shoulder the burdens of these shifting expectations.
Client Expectations in a Changing Landscape: Clients themselves are evolving. They demand efficiency, innovation, and responsiveness, leaving little room for the traditional methods of operating that once characterized the legal sphere. As client needs evolve, law firm leaders must adapt and ensure their teams align with these expectations while maintaining internal harmony.

How Leaders Can Embrace Change and Be Impactful

Adapting to these generational and client-driven changes requires intentional strategies. Below are a few actionable approaches for law firm leaders:

Foster Open Communication: Leaders must prioritize transparent, consistent dialogue across all levels of the firm. Understanding younger lawyers’ motivations, challenges, and goals can help bridge the generational divide. This includes creating forums for associates to share their perspectives and leadership to share insights into the broader business implications of their decisions.
Lead by Example in Boundary Setting: While it’s critical for younger lawyers to set boundaries, firm leaders must also model sustainable practices. Demonstrating the importance of taking breaks, delegating effectively, and respecting personal time can help shift the firm’s culture to one of mutual respect.
Innovate Career Pathways: Recognize that the traditional path to partnership no longer suits every associate. Leaders should explore alternative career trajectories within the firm, such as hybrid roles, project-based leadership opportunities, or client-facing non-equity positions. Some law firms are even creating flexible hour arrangements for associates that allow a “choose your own adventure” type model that can change when the associate’s circumstances change. For example, Steptoe LLP recently introduced flexible billable hour tracks for associates as part of their revamped compensation system, allowing lawyers to tailor their career progression to their personal and professional needs…
Invest in Leadership Development: Equip partners and senior attorneys with the skills to manage intergenerational teams effectively. This includes training in emotional intelligence, change management, and mentorship tailored to varying generational needs. Recognizing this industry-wide challenge, we are working with key collaborators to develop a unique conference and training initiative to help professional services organizations, including law firms, address these intergenerational leadership issues through targeted learning and development initiatives.
Use Leadership Voices to Drive Cultural Change: Senior leaders must be vocal advocates for evolving firm culture. By aligning internal strategies with client expectations and fostering a workplace where all generations feel valued, leaders can shape a more cohesive and resilient organization.

Intergenerational leadership within law firms is no longer a theoretical challenge but a practical reality requiring immediate attention. By understanding the differing perspectives and motivations of today’s workforce, law firm leaders can turn these challenges into opportunities. With intentionality and innovation, leadership can create a thriving firm that meets the needs of its people, clients, and the broader legal market.

The Ultimate Guide to Content Marketing for Law Firms in 2025

Mon, 31 Mar 2025 17:51:35 GMT

HubSpot is a powerful CRM platform, and they define content marketing as the “process of planning, creating, distributing, sharing, and publishing content via channels such as social media, blogs, websites, podcasts, apps, press releases, print publications, and more. The goal is to reach your target audience and increase brand awareness, sales, engagement, and loyalty.”

Many firms make the mistake of creating and posting singular pieces of content. There’s nothing wrong with that, but it’s not a content marketing strategy. In this blog, I’m offering essential tips, practical strategies, and expert insights to help you craft a winning content marketing strategy for 2025.

What is Content Marketing?

Content marketing that works involves purposefully tailoring your web pages, videos, and other thought leadership to your target audience, so they can find you via inbound channels vs. outbound. This is an important distinction, because outbound methods (where the prospect is interrupted) are not nearly as successful as they once were. These days, your future clients expect you to reach them in ways that feel more organic and tailored to their interests. Therefore, it’s important that content is authentic and tells an interesting story, as well as customized for your potential audience.

How much does content marketing matter? Quite a bit, actually, for these reasons:

You can inform leads and prospects of your services in a non-pushy way
Content increases conversions by providing important information and highlighting expertise
It helps build relationships across channels and results in enhanced loyalty
You can demonstrate how your services solve real legal challenges in more detail across multiple mediums
You can create a sense of community around your firm and your brand

Various Types of Content Marketing

Content marketing is a broad term. What types of things qualify as content marketing?

There are various content marketing formats, and the most effective strategy likely involves a mix of tactics. You should explore:

Online content marketing— This refers to almost anything you publish online, but more specifically your web pages. A strong strategy in this area will help you rank better for SEO, which is crucial for online visibility.
Social media content marketing— Content shared on various social media platforms, such as LinkedIn or Facebook. Common types are live videos, pre-recorded videos, stories, etc.
Infographic content marketing— These images display content, insights, or data in an easy-to-understand, graphic format. By using simple verbiage, short statements, and clear images, you can break down complex concepts that your audience will appreciate.
Blog content marketing— Blogs are one of the most powerful forms of content marketing. Your blog will help your website rank higher in search engines, plus it gives you several ways to highlight your services, success stories, your team, and so much more.
Podcast content marketing— More than 60 million people listen to podcasts. Some of them are bound to need your services, so it’s worth exploring this channel for sharing your knowledge and expertise.
Video content marketing— According to research, 73% of people say they prefer to learn about a brand’s service through video. Video has become increasingly important in overall marketing, so developing a video marketing strategy is crucial.
Paid ad content marketing— Paid advertising will help you reach a broader audience. Paid ads are particularly beneficial when paired with other inbound strategies and shared on social media, landing pages, and sponsored content.

The Traits of Successful Content Marketing

Not all content is created equal, and you don’t want to create material just for the sake of doing so. It’s important to evaluate your goals and be thoughtful and intentional when creating original content. There are a few things that make content more impactful:

Adding value beyond talking about your service offerings
Targeting people at specific stages of the client lifecycle
Maintaining a consistent brand voice and image with your other collateral

Timely, relevant and engaging

Researching your target audience and tailoring content to them will allow you to meet prospects where they really are.

A 7-Step Content Marketing Strategy

It’s tempting to dive right into creating new content, but if you don’t take a thoughtful and proactive approach, you’re unlikely to create much traction. Developing a strategy for successful content marketing involves several steps:

Creating SMART goals. Before you can get started, you need to have a detailed understanding of what you want to achieve. Your goals for content marketing should complement your larger firm objectives. SMART goals are specific and achievable, and could include things like boosting revenue by a certain percentage or improving brand awareness measured in social media engagement.
Documenting KPIs. Remember, SMART goals are measurable. How exactly will they be measured? Find quantifiable data points that you can use to measure actual performance to your goal. For example, for brand awareness goals, you might set a KPI of site traffic and social media followers.

Choosing the types of content you’ll pursue. What types of content will you create? To make these decisions, you’ll need to have a thorough understanding of your target audience (client personas are a great place to start). Narrow down which types of content will best reach them by thinking about the challenges they are looking to overcome and how your firm can help. What exactly do they need from you? Where do they spend time? Which formats are they likely to consume? Then choose a few from the list of mediums we mentioned above.

Selecting content channels. Once you know the type of content you’ll create, you need to figure out where to publish it. Where do you want content to live and be shared from? For some content, the channel will be obvious and there won’t be a choice. For example, Facebook content will be produced and live on the Facebook platform itself. For content like infographics or articles, it’s important to carefully choose where to upload and publish them. Equally crucial is deciding the best platforms to share for maximum reach and impact.

Determining a budget. To get the financial component in order, think about what you’re going to publish and where. Then, consider whether you need any tools or technology to create the content. For example, do you need a tool like Photoshop for the graphic elements? What about professionals that you might not have in-house, like designers? Will you be paying for ad space anywhere?

Creating and distributing the content. Even the greatest content won’t do much good unless it’s consumed. To move the needle, you need to consistently publish high-quality content. You might want to use an editorial content calendar, along with a social media calendar tool, to keep you on track and find gaps. It’s a good idea to schedule a bulk of your content publishing ahead of time, while leaving some space for real-time content that’s more timely and relevant.

Measuring results and analyzing. Your work isn’t done once you publish content. You need to understand the results and try to gain insights from any patterns you see. Use those insights to improve performance and reach more people in the future. Start by reviewing your goals and pulling the reporting for all the KPIs you set. Did you achieve your goals? Can you point to why or why not? There are plenty of free tools available to help you, such as Google Analytics.

Integrating Video Marketing Into Your Law Firm’s Content Strategy

In 2025, content marketing for law firms goes beyond just blogs and social media posts. Video content is increasingly becoming a crucial element of any firm’s marketing strategy. In fact, video marketing is one of the most effective tools to drive engagement, increase website traffic, and convert leads. But how can your law firm effectively use video within your broader content marketing strategy?

The Power of Video in Legal Marketing

Video is an ideal way to connect with your audience on a deeper level. By offering valuable content in an easily consumable format, videos help clarify complex legal topics and build trust with potential clients. Here’s how you can leverage video in your law firm’s content strategy:

Client Testimonials and Case Studies: One of the most impactful uses of video is to showcase your firm’s success stories. Client testimonials or a behind-the-scenes look at how your team solves client challenges serve as social proof, building credibility and trust with potential clients.

Explainer Videos: Videos that explain legal concepts in simple terms are hugely popular. Consider producing videos that explain basic legal processes or terms in your practice areas, helping demystify the legal process for your audience.

Webinar Recordings and Highlights: If your firm hosts webinars or virtual events, repurpose these videos as content for your website, social media, and email campaigns. This not only maximizes the content you’ve already created, but also provides valuable resources for potential clients.

Video Blog Posts: In addition to written blog posts, consider creating short video blog posts. These can be summaries of written content or standalone pieces that showcase your thought leadership in a dynamic, visual way.

Why Video Works for Law Firms

Enhanced Engagement: Video is highly engaging. It keeps users longer on your website and boosts conversions by helping users connect with your message more effectively.

SEO Benefits: Video content can improve your search engine rankings, as Google often gives preference to pages with video content. This can lead to higher visibility on search engine results pages (SERPs).

Building Trust: Video allows your firm to showcase its personality and humanize the brand. Potential clients want to work with people they trust, and video helps foster that relationship by making your firm feel more relatable and approachable.

Takeaway

As a law firm, content marketing is one of the most important things your team can spend time on. Not only does it expand brand awareness and generate new leads, but it also helps with search engine visibility and nurturing current relationships. If you aren’t working with a proactive content marketing strategy yet, we suggest you get started ASAP.

Will Law Firm Marketing Change Under the Trump Administration?

Mon, 31 Mar 2025 17:46:29 GMT

A change in leadership in Washington always brings uncertainty, and law firms are watching closely. A new administration always sparks speculation about what’s ahead for businesses and the legal industry. While law firm marketing isn’t directly dictated by who’s in the White House, economic policies, regulatory shifts and changes in corporate priorities can all influence how law firms position themselves. So, will legal marketing change under the Trump administration? Maybe, but not in the ways you might think. Here’s how your law firm can prepare and stay ahead of industry shifts, client expectations and market trends.

What Might Shift and What to Do About It

1. A Renewed Focus on Corporate and Regulatory Work

If financial regulations, antitrust enforcement or environmental policies change, law firms will need to adjust their marketing strategies. Clients in heavily regulated industries such as banking, healthcare and energy will likely pay close attention to potential policy shifts.

What can firms do?

Get ahead of client concerns with timely thought leadership and client briefings. Write client alerts, host webinars, invest in podcasts and videos, and publish LinkedIn posts analyzing regulatory updates and their practical impact.
Make it easy for clients to find your firm’s expertise. If your firm handles compliance work, ensure your website and marketing materials reflect the specific challenges clients may face under the
new administration.

2. Potential Uptick in Private Equity and M&A Activity

If corporate tax policies shift or regulatory oversight on deals changes, private equity and M&A activity may also increase. When the business environment favors deal making, law firms with strong transactional teams should be ready to capitalize on it.

What can firms do?

Ensure your lawyers are visible in the right places. Speak at industry conferences, contribute guest articles in financial publications and build strategic partnerships with deal-making organizations.
Refresh your deal highlights. If your website or pitch materials don’t reflect recent transactions, now is the time to update them. Potential clients want to see what you’ve done and how you’ve handled similar deals. Be sure your lawyers update their bios as well.
Leverage LinkedIn. Posting about deal trends, client successes (when appropriate) and industry insights can position your firm as a go-to resource.
Prioritize content marketing. Consistently sharing insights through blogs, newsletters and thought leadership pieces helps demonstrate expertise and keeps your firm top of mind for potential clients.

3. A Continued Spotlight on Litigation and Investigations

No matter who is in office, companies will face disputes. Commercial litigation, SEC enforcement and white-collar investigations will remain top concerns for businesses navigating a shifting regulatory landscape.

What can firms do?

Be proactive with content marketing. Litigation teams should consistently publish updates on key cases, regulatory enforcement trends and risk mitigation strategies.
Use case studies strategically. While confidentiality is key, anonymized case studies or past wins that reflect the depth and breadth of your expertise can help build credibility and visibility. Use case studies in new business pitches, on your website and as social media posts.
Strengthen relationships with the media. Litigation teams should cultivate relationships with legal and business reporters to ensure their perspectives are included in industry coverage.

4. Client-Centric Marketing Will Matter More Than Ever

Regardless of political changes, the firms that succeed will be those that focus on their clients, not themselves. Marketing that simply highlights how great a firm is won’t be effective. Clients want to work with firms that understand their industry, their challenges and their specific legal needs. Client-centric marketing strategies are imperative to be a successful law firm today.

What can firms do?

Make content relevant to your audience. If you’re publishing insights, avoid generic overviews and focus on what your clients actually care about.
Get more personal in your outreach. Targeted, thoughtful emails or LinkedIn messages based on a client’s current challenges will be far more effective than generic firm announcements or a checking in email.
Showcase your lawyers as industry insiders. Encourage lawyers to write, speak and engage with clients and prospects in meaningful ways.

5. A Strong Digital Presence Will Continue to Be Essential

If there’s one thing that won’t change, it’s the importance of having a strong online presence. The way firms market themselves has evolved dramatically in recent years, and that shift isn’t slowing down. Firms that invest in content marketing, video, podcasts, LinkedIn and SEO-driven strategies will have an edge over those that don’t embrace these strategies.

What can firms do?

Audit your firm’s digital presence. Is your website up to date? Are your lawyers’ LinkedIn profiles complete? How about their LinkedIn presence? If not, now is the time to fix it.
Invest in high-quality content. Whether it’s LinkedIn posts, blogs or videos, firms that create consistent, valuable content will stand out.
Use data to refine your approach. Look at engagement metrics to see what’s working and adjust your strategy accordingly.

6. The Power of Content Marketing in Uncertain Times

One of the best ways to stay relevant in a shifting landscape is through content marketing. Timely topics create opportunities to connect with your audience, demonstrate thought leadership and provide real value. In times of uncertainty, people seek insights that help them understand how changes will impact them.

What can firms do?

Create content that answers the questions your clients are asking. If clients’ express concerns about regulatory changes, litigation risks or deal flow, use that as a prompt for your next webinar, blog post or LinkedIn post.
Be nimble. Content marketing isn’t just about long-term strategy, it’s also about responding quickly to what’s happening now.
Keep a pulse on engagement. If a topic resonates, lean into it. Write a follow-up post, do a podcast, host a webinar and share additional insights based on client feedback.

What Comes Next for Legal Marketing

A new administration always brings change, and law firms need to be ready. Shifts in regulations and client concerns will shape marketing strategies, but the firms that succeed won’t just react, they’ll stay ahead by anticipating what’s next and adjusting their approach.

At the end of the day, legal marketing is about relationships, expertise and visibility. No matter what happens in Washington, the firms that consistently show up and provide value will be the ones clients turn to when they need guidance. Make sure that your firm is at the top of that list.

Top 10 Ways to Engage Your Clients Throughout the Journey

Mon, 31 Mar 2025 17:37:28 GMT

Effective Client Engagement Strategies for Law Firms

In today’s competitive legal market, client engagement is not just a buzzword—it’s a necessity. Law firms that prioritize and excel in client engagement are more likely to foster lasting relationships, earn repeat business, and gain referrals. Here, we’ll explore effective client engagement strategies that can help law firms stand out and succeed.

1. Understand the Client Journey

Effective client engagement starts with a deep understanding of the client journey. This involves mapping out every touchpoint a client has with your firm, from the initial inquiry to the final resolution of their case. By visualizing the client journey, law firms can identify opportunities to enhance the client experience and address potential pain points.

2. Personalize the Client Experience

Personalization is key to building strong client relationships. Clients want to feel valued and understood. Law firms can achieve this by tailoring their communication and services to meet the individual needs of each client. This could involve personalized emails, customized legal advice, and remembering important dates like case milestones or client birthdays. Small gestures can make a big impact.

3. Leverage Technology

Incorporating technology into your client engagement strategy can streamline processes and improve the overall client experience. Customer Relationship Management (CRM) systems can help law firms keep track of client interactions, preferences, and history. Well-utilized GenAI tools have the potential to increase efficiency and reduce client costs. Additionally, client portals can provide a secure and convenient way for clients to access documents, communicate with their legal team, and stay updated on their case progress.

4. Communicate Proactively

Proactive communication is essential for maintaining client trust and satisfaction. Law firms should keep clients informed about their case status, relevant legislative and regulatory updates, upcoming deadlines, and any changes that might affect them. Regular communication can prevent misunderstandings and demonstrate that the firm is diligently working on their behalf and keeping them top of mind even when not engaged in an active case or transaction. Furthermore, being available to answer questions and address concerns promptly is crucial.

5. Develop a Strong Online Presence

An effective online presence is critical for client engagement. The majority of clients find, evaluate, and interact with firms online. Law firms should invest in a professional website that provides valuable information and is easy to navigate on desktop, tablet, and mobile. Additionally, maintaining active social media profiles and publishing regular blog posts can help establish the firm as a thought leader and keep clients engaged. Online reviews and testimonials can also bolster credibility and attract new clients.

6. Offer Educational Resources

Providing educational resources is a great way to engage clients and showcase your firm’s knowledge. This could include blog posts, FAQs, webinars, whitepapers, and eBooks that address common legal issues and offer practical advice. By offering valuable content, law firms can build trust with current and prospective clients and position themselves as knowledgeable and helpful. High-quality content is also advantageous for SEO, as it is recognized by Google’s algorithm and can boost your ranking in search results.

7. Foster a Client-Centric Culture

Creating a client-centric culture within your firm is fundamental to effective client engagement. This involves training staff to prioritize client needs, utilizing technology to support staff efforts, actively seeking feedback, and continuously looking for ways to improve the client experience. Law firms should encourage open communication and collaboration among team members to ensure that every client receives the best possible service.

8. Implement Feedback Mechanisms

Client feedback is invaluable for understanding how well your firm is meeting client expectations and where there is room for improvement. Law firms should implement feedback mechanisms such as surveys, follow-up calls, and review requests. And it should not end there—acting on client feedback is essential to demonstrate that the firm values their input and is committed to enhancing their experience.

9. Build Long-Term Relationships

Building long-term relationships with clients goes beyond resolving their immediate legal issues. Law firms should strive to be a trusted advisor for clients, offering support and guidance even after a case or transaction is closed. This could involve regular check-ins, providing updates on relevant legal developments, and offering additional services as needed.

10. Highlight Success Stories

Sharing success stories and case studies can be a powerful way to engage clients and build trust. Highlighting how your firm has successfully helped other clients can provide reassurance and demonstrate your experience. Success stories can be shared on your website, in newsletters, and on social media to showcase the positive impact your firm has had on clients’ lives.

Effective client engagement is crucial for law firms aiming to build lasting relationships and achieve long-term success. By understanding the client journey, law firms can enhance their client engagement strategies and stand out in a competitive market.

Investing in these strategies not only improves client satisfaction but also drives growth and fosters a loyal client base.

For law firms looking to delve deeper into these concepts, our upcoming online course on client journey mapping offers comprehensive insights and practical tools to master client engagement and elevate your firm’s success. Stay tuned for more information and enroll to transform your client engagement approach.

AI-Driven Legal Tech Trends for 2025

Mon, 31 Mar 2025 17:25:41 GMT

The way we work is changing rapidly and changing in ways that legal professionals never expected. Expectations are different. The pace is faster, and managing the complexity of information is growing at a pace that the industry hasn’t faced before. With 79% of law firm professionals now incorporating AI tools into their daily work, and corporate legal departments being even more proactive in adopting AI technologies, legal professionals are no longer asking if they should adopt AI but how they can do so effectively.

With so much advancement in the world of AI, what should legal professionals be aware of and prepare for throughout the next year? Based on research and input from hundreds of industry experts and professionals across legal, the 2025 Legal Tech Trends report by NetDocuments shares top trends shaping the future of AI-driven legal practice, why these trends are making such an impact in legal, and what your team can do to prepare. Here’s a sneak peek at what’s covered.

AI Abilities and Knowledge Take Center Stage

AI is accelerating legal workflows, including document interaction, summarizations, and contract review and analysis, and more. It’s no surprise that the use of artificial intelligence by law firm professionals increased 315% from 2023 to 2024. It’s not just law firms that see the value of using AI: 67% of corporate counsel expect their law firms to use cutting-edge technology, including generative AI.

The legal industry’s interest in AI reflects a broader trend of workforce transformation, where 75% of survey respondents expect to change their talent strategies within two years in response to advancements in GenAI. Law schools are responding to the demand for AI skills by integrating generative AI training for new junior lawyers.

Organizations that don’t adapt their roles and job architecture to the new norms of an AI-powered workforce could miss out on top talent. And with almost one-third of legal professionals considering leaving or having already left the industry due to mental health, burnout, or stress, AI presents a unique opportunity to ease the burden of many time-intensive tasks and curb the mental drain currently being felt.

AI Agents Become a New Secret Weapon

For the legal sector, agentic AI has the potential to be transformative. In 2025, early adopters will gain a new superpower—effectively adding a new legal assistant to their team. When they no longer need to constantly supervise AI, legal professionals will be able to deliver services better and quicker than ever before.

This trend reflects a user-centric approach to software, where technology serves as a natural extension of workflows and enables professionals to focus entirely on delivering results. With 37% of law firm employees and 42% of their corporate counterparts saying they experience challenges in integrating GenAI with existing legal systems and processes, this will be the year that legal tech heads toward an agent-to-agent world, where AI agents facilitate instant access to information, providing answers to complex queries across various platforms and contexts.

Legal professionals increasingly expect AI tools to work invisibly within their existing platforms. Embedding AI capabilities into familiar environments eliminates the need to switch between tools, allowing legal teams to manage their work more efficiently.

By bringing AI to content, rather than requiring content to be migrated to standalone AI platforms, legal teams can maximize the value of these technologies while minimizing disruption. They can also deploy much faster.

Proof of AI Will Be the Dealmaker of 2025

Leading vendors in the legal tech space are increasingly viewed as essential collaborators who can help organizations integrate AI-driven tools tailored to the unique demands of the legal profession. These partnerships facilitate faster deployment, access to ongoing innovation and the ability to stay ahead of emerging trends.

“Nearly half of Am Law 100 firms report relying on external partners for AI implementation and support, citing cost efficiency and access to innovation as primary drivers.” Echoing this sentiment in the broader business landscape, “Traditionally, only large enterprises with deep pockets could afford to build advanced AI infrastructure. Today, strategic collaborations are democratizing AI, making it accessible to businesses of all sizes.”

If a service provider doesn’t have a clear strategic plan for the use and advancement of AI, it could influence whether a partnership continues or a contract is renewed.

DMS 2.0 as Legal’s AI Powerhouse

An intelligent DMS enables legal teams to bring AI to their content versus taking content to the AI. With 67% of firms indicating plans to upgrade their DMS by 2025, AI-driven features will be essential capabilities to support businesses strategic goals.

AI capabilities are being built into the DMS so that content can stay within the platform rather than having to move the content into a separate AI tool. Semantic search capabilities allow legal professionals to query systems using everyday language. For example, if searching for “dog,” it would know to also look for terms like “Labrador” and “Poodle.” This will finally give lawyers the type of search experience they’ve always wanted—without the manual effort of adding tags or metadata.

-generation DMS platforms are also introducing automation and intelligence into document workflows. Tasks like tagging, compliance checks and version control are now automated, freeing legal teams from repetitive administrative work. For example, an intelligent DMS can extract renewal dates from contracts and trigger a renewal email alert three months prior to the date.

These DMS platforms are also highly scalable, ideal for ambitious legal teams. Greg Lambert, speaking at the KM&I conference this year, adds this observation,

“The adaptability of AI-powered DMS is another significant advantage. These systems can scale with a firm’s needs, automatically adjusting to changes in data volume, practice areas or client demands.”

Ethics and Transparency Reign in AI’s Next Frontier

As AI adoption accelerates across the legal industry, ensuring ethical use and transparency is crucial. While AI offers immense potential, it also presents challenges, including accuracy, bias in algorithms, lack of explainability and data security concerns. Addressing these issues is essential for building trust in AI-driven solutions and ensuring compliance with emerging regulations.

Privacy and data security are critical in the legal sector, where sensitive client information must be protected. AI systems must adhere to stringent security protocols, including data anonymization and encryption, to meet regulatory standards. The American Bar Association Standing Committee on Ethics and Professional Responsibility released its first formal opinion this year covering the growing use of generative artificial intelligence (GAI) in the practice of law, with more guidelines sure to follow.

While AI can automate tasks and generate insights, legal professionals must validate these outputs to maintain accountability. Workflows must incorporate reviews by qualified lawyers before finalizing AI outputs. Transparency is equally important, particularly as AI systems increasingly influence legal decisions. Explainable AI models, which include interpretability layers, allow legal professionals to understand how conclusions are reached.

AI Will Reshape Legal Billing

More than half of legal professionals expect AI-driven efficiencies to impact the prevalence of the billable hour. Some firms have already shifted toward flat fees, subscriptions and hybrid models. Firms can use the same approaches for AI-assisted work. For example, firms might charge a fixed fee for AI-assisted document review while continuing to bill for strategy development and client consultations on an hourly basis. These alternative arrangements provide greater predictability for clients and align costs with outcomes rather than time spent.

Alternative fee models support client expectations as well, with 42% of surveyed firms exploring hybrid models to account for AI’s impact on efficiency and clients increasingly demanding alternative fee arrangements. Clients now expect law firms to use AI where possible to improve efficiency so they can spend appropriate time on strategic thinking for their cases Additionally, as clients demand faster, more transparent services, fixed or subscription-based fees provide clarity and flexibility. This approach aligns objectives, encourages deeper collaboration and helps firms differentiate themselves in a competitive market.

The Five Best Practices for New Hire Onboarding

Mon, 31 Mar 2025 16:36:16 GMT

It’s reported that 69% of employees are more likely to stay with a company for three years if they received a great onboarding experience.

First impressions matter, especially when it comes to new hire onboarding. A strong onboarding experience sets the tone for an employee’s journey, significantly impacting retention, productivity, and engagement.

But here’s the problem: Most companies miss the mark. Whether it’s due to a lack of time, resources, or a structured plan, onboarding gaps often lead to disengagement and early turnover.

So, how can HR teams make onboarding more efficient and enjoyable? Let’s dive into five best practices that will turn your new hires into long-term, engaged employees.

What is Involved in Onboarding?

Onboarding isn’t just about paperwork and introductions. Onboarding is a structured process that helps new hires adjust to their roles, understand company culture, and hit the ground running.

A successful onboarding program includes:

Preboarding: Ensuring paperwork, I-9s, background checks, and technology setup are completed before day one.
Orientation: Introducing new hires to company values, policies, and their team.
Training: Providing role-specific knowledge, compliance education, and career development resources.
Integration: Encouraging social connections and mentorship to help new employees feel welcomed.
Continuous Support: Regular check-ins, performance goals, and career development opportunities.

By structuring onboarding thoughtfully, companies set employees up for success from day one.

Why is Onboarding Important?

Onboarding is the foundation an employee builds on during their time at a company. If the foundation is shaky, the employee will likely have a harder time finding results.

A well-structured onboarding program is important because it should:

Improve retention: Employees who feel supported are more likely to stay.
Boost productivity: New hires get up to speed faster with the right training and resources.
Enhance company culture: Fostering early engagement strengthens team connections.
Reduce compliance risks: Ensuring proper documentation and legal adherence prevents costly mistakes.

Most importantly, onboarding helps create a sense of belonging—when employees feel valued and understand their role’s impact, they feel pride in their work and are motivated to continue chasing new goals.

Now that we understand the “why” behind onboarding, it’s time to explore the “how” with some best practices to ensure new hire onboarding success.

Five Best Practices for New Hire Onboarding Success

1. Ditch Generic Training—Make It Role-Specific

Nobody wants to sit through hours of irrelevant training. New hires should receive training that is tailored to their specific roles rather than generic content that is vague or too surface-level for what they will actually be doing day-to-day. Effective training includes:

Role-specific learning: Aligning training with job responsibilities to accelerate performance.
Preboarding assessments: Identifying knowledge gaps before the start date for a personalized learning plan.
Interactive learning: Hands-on exercises, shadowing, and mentorship programs to reinforce skills.

Role-specific training helps new hires gain confidence and become productive members of the team faster. Plus, using a learning management system makes it easy to customize training plans, track progress, and ensure every employee gets the knowledge they need to succeed.

2. Conduct Thorough Background Screening

Onboarding success can actually start before day one. Background screening is a critical step in ensuring you have the right hires with the right qualifications. Your background screening process should involve:

Role-specific checks: One-size-fits-all checks won’t fly for certain specialized roles. It’s important to customize your background checks to be role-specific so that you get the most out of them.
Efficient screening solutions: Background checks shouldn’t be what’s slowing down your hiring. You should have a background screening solution that can keep up with your hiring needs.
Transparent Communication: Being transparent with candidates helps establish trust and avoid frustrations.
Staying compliant: Understand federal and specific state regulations to ensure that you are following compliant screening processes.

By completing a thorough and specific background check, you can be confident that your new hire is qualified and ready for the rest of the onboarding process.

3. Get Your Paperwork (and Process) in Order

HR teams already handle enough paperwork, but onboarding is the best time to ensure proper organization and compliance so you don’t have to retrace your steps later on if you end up facing an audit. Key areas to focus on include:

Form I-9 Management: Small mistakes can lead to big fines, so it’s important to double-check that your I-9s are completed correctly or use a solution that helps you ensure I-9 compliance.
Automated Task Reminders: Ensure deadlines for required documents and training modules are met.
Go Electronic: If you’re still paper-based, consider looking into electronic document management for easier organization.

When documentation is well-managed, HR teams can focus more on engaging new employees rather than chasing down paperwork.

4. Make Team Integration a Priority

New hires should feel like part of the team from day one. Developing new connections is one of the most exciting and rewarding parts of starting a new role, and you can help them build strong relationships by:

Assigning mentors or onboarding buddies to provide guidance and answer questions.
Hosting a virtual or in-person lunch where team members can casually chat and get to know each other outside of work topics.
Assigning a “first-week project” that encourages collaboration with different team members and gives them an early win.
Setting up a “get to know you” survey to match new hires with colleagues with similar interests or hobbies.

A supportive team dynamic makes for better results. When new employees feel comfortable, they are more likely to ask questions and not be afraid to speak up, which helps speed up their onboarding process.

5. Follow Up with Clear Goals and Check-Ins

Onboarding shouldn’t stop after the first week. Continuous support is the secret to long-term success, and there are several ways you can make sure your new hire is thriving by:

Setting 30-, 60-, and 90-day goals to provide achievable milestones and track progress.
Conducting regular check-ins to address concerns, offer feedback, and provide support.
Gathering feedback on the onboarding process to make improvements for future hires.
Providing additional training and development opportunities to help them grow in their role.

Consistent follow-up shows that you care about the employee’s growth early on and helps remind them of their onboarding goals so that they continue actively working toward achieving them.

6. What Happens After Onboarding?

Now that onboarding is complete, it’s time to keep the momentum going. A strong start is important, but long-term engagement and career development are what truly drive retention and success. Here’s how to ensure employees continue to grow and thrive:

Performance Reviews: Establish structured feedback sessions with clear, actionable insights. Set personalized growth plans that align with both company objectives and individual career aspirations.
Ongoing Training & Development: Offer continuous learning opportunities, such as skills workshops, cross-training programs, or certifications, to keep employees engaged and evolving in their roles.
Mentorship & Career Growth: Connect employees with mentors who can provide guidance, career advice, and leadership development opportunities. Encourage networking within the company to foster collaboration and internal mobility.
Employee Engagement Initiatives: Keep employees motivated through recognition programs, peer appreciation, and team-building activities. Cultivate a culture of transparency, inclusivity, and open communication.

Investing in long-term employee development helps sustain motivation and drive business success.

How to Build Better Onboarding Today

Onboarding involves many moving parts, and having the right tools makes all the difference. A seamless process not only ensures compliance but also enhances employee engagement and retention.

Mitratech’s HR solutions help streamline and optimize every stage of onboarding, including:

Background Screening: Quickly and efficiently verify new hires while ensuring compliance.
I-9 Management: Simplify employment eligibility verification and maintain accurate records.
Learning Management: Provide structured training programs that set employees up for success.
And More! For onboarding and beyond, our HR and compliance solutions are designed to make things simple for HR teams.

San Diego, March 2025

Tue, 04 Mar 2025 19:07:11 GMT

Defending Justice

Tue, 04 Mar 2025 19:05:49 GMT

Contact

Elite Criminal Defense, APC

8880 Rio San Diego

Suite 800

San Diego, CA 92108

(619) 603-8169

www.EliteCriminalDefense.com

The Relentless Mission of Elite Criminal Defense

Oscar B. Valencia’s Unwavering Commitment to Fighting for Clients and Strengthening the Legal System

"Regardless of the sometimes-dramatic changes in the law, technology and even personnel within our own organization, we remain one hundred percent committed to our mission, which is to provide the strongest criminal defense at a price that is fair for everyone involved,” says Oscar B. Valencia, Founder of Elite Criminal Defense, APC.

Staying Committed to Teamwork

Valencia has more than 20 years of legal experience. Today his practice focuses primarily on criminal defense in both state and federal courts. He is admitted to practice in all State of California Courts, and in the following federal courts: Southern District of California, Eastern District of California, Central District of California, Northern District of California, Colorado District Courts, Federal 9th Circuit Court of Appeals, and US Supreme Court.

A key factor in the growth of Elite Criminal Defense is Valencia’s drive to find and hire the best talent to enhance the firm’s commitment to its mission. “We hire based on hard work and dedication. We do not give special treatment to anyone and expect every team member to do their best. Our team, including leadership, comes from diverse backgrounds, and what matters most is their commitment to our clients and the firm,” Valencia says.

For example, a recent addition, Michelle Cameron-Hunsaker, began her legal career as a runner and receptionist and worked her way through all aspects of the legal field. In 2012, she established her firm Hunsaker Law dedicating her practice to advocating for clients and now brings that experience and expertise to Elite Criminal Defense. “She is deeply dedicated to achieving the best possible results for our clients. She is known for her caring nature by clients and staff. Her commitment to the law, her team, and the people she represents has already made a meaningful impact at our team. I don’t think I’ve met another attorney who fights more for her clients. She goes out of her way and leaps and bounds. I mean, she really is absolutely fantastic,” Valencia says.

He praises the other attorneys and the staff with equal enthusiasm. “They all have experience. I don’t think that anyone on our staff has less than 20 years of experience. Experience matters. If I had a son and he got in trouble with the law, I wouldn’t hesitate to have any of the lawyers that work with us represent him in court, he says.

Valencia has worked hard through the years to maintain a culture of dedication, teamwork, and professionalism, believing that a strong team is the foundation of a successful law firm. Although the firm has grown considerably, their commitment to core values—the mission—remains the same.

The Elite Criminal Defense Team

Valencia has seen to it that his attorneys and staff are backed by state-of-the-art technology and the latest in office management techniques. In addition to expanding the team with new attorneys and support staff, he has reorganized the firm to enhance efficiency. He has switched to a process using a master calendar so everyone has the ability to know where every attorney who works for us is that morning—the courthouse, with a client, in a meeting and so on. Efforts, from the mundane to the critical, can be streamlined, enhanced and made more responsive to client needs. For example, a check at the calendar can reveal opportunities for one attorney to handle two situations due to proximity to the court, the office or some other specific location.

They now have a single location for all discovery materials, which makes everything more accessible and readily available whenever needed. New client management software improves communication to ensure that clients are informed, up-to-date, and continually involved in the movement of their cases. If an attorney needs to send a client a document to sign or to review, it’s done quickly and efficiently. Conversely, if a client wants to send a document or some item, they think helpful to their case, they can send them directly through that program. “One of the biggest problems universally cited by clients of attorneys and law firms is the lack of communication. We do not, nor will we ever put that burden on our clients. We’re there for them all the time—period,” Valencia says.

Valencia has also opened a new office in Chula Vista. “Building a larger, more powerful organization is important, but growing a firm is not just about expansion. It’s about being there for the people who need us,” he says.

The use of Artificial Intelligence is a growing part of the business community, including the law. Elite Criminal Defense is in the forefront of experimenting with how AI can better serve the firm and their clients. “We’re using AI and still testing it out and using it to help keep our clients informed. Provided you go back to fact check and handle any necessary clean up, it’s even useful as a tool to write certain types of letters. It’s still new for everybody, but it does seem to have a future, especially in our profession.”

“When I needed help, you were there for me. We all make mistakes, unfortunately mine almost cost me everything. I was already mentally prepared to do some serious prison time. I heard about you through an inmate you were representing. I can’t thank you enough for what you did for me. You saved me. Thank you!!!” –Omar, Poway

Staying Committed to the Law

Valencia says, “I will always conduct myself in an honorable manner. The law is the law and I follow the law. It’s not too much to expect the police to follow it, too. When they don’t, that’s when we step in.” He cites a case to make the point.

A recent client, a 19-year-old boy was standing on the street outside a car listening to music with three of his friends. The soon-to-be client had no criminal record. He wasn’t a gang-banger nor did he look or dress like one. He had never even gotten a traffic ticket. Valencia says, “He was just a kid who never got in trouble with the law. He’s one of these kids who literally sits down to read a book and he’ll read Moby Dick and he won’t put it down until he finishes. He was that kind of a kid.”

A group of police offers approached them and said they were going to search them. When they searched them, they found no drugs, no indication of gang affiliation—nothing. Unfortunately, the client had purchased and was carrying a gun. When he stated his rights and resisted being searched one of the policemen grabbed him. A struggle ensued and a gun fell out of the young man’s pants. The officers immediately tackled the young man and arrested him on the spot.

The search was a blatant violation of the young men’s fourth amendment rights—a completely illegal search and seizure. There was no probable cause; the young men were doing nothing more aggressive than talking to each other. Admittedly, the gun was an issue, and the young man had made a dumb mistake, but, as Valencia says, it seems the police had already made up their minds that the four kids were criminals. In reality, they were just a group of guys about to go to a Walmart.

Had the attorneys gone the plea route, the best they could have gotten would have been assault on a police officer with a weapon—a ten-to-20-year sentence and a ruined life. Their client never went to trial because the Elite Criminal Defense team got the case dismissed because the evidence was illegally obtained. “We really do fight, fight hard for our clients and we try our best, and at the end of the day that’s all you can really ask for. That’s one thing that hasn’t changed between then-and-now and it never will,” Valencia says.

Valencia likes police officers and maintains good relations with all members of law enforcement, saying he is definitely not anti-cop, but as they expect citizens to follow the law, he expects them to follow them as well.

He says there are times when a client admits to the charge or charges and is still in need of legal protection from an attorney or a law firm. At a moment like that the firm is in the position of damage control in which the goal becomes negotiating a reasonable outcome and to prohibit a sentence far harsher than the accused deserves. He cites a case in which the police arrested a man in a hotel who found himself handcuffed and surrounded by ten federal agents. They questioned the man without reading him his Miranda rights. Later on, they claimed that he wasn’t under arrest at the time and therefore Miranda did not apply.

He gave a full confession and even confessed to other acts beyond the reason for the arrest. “Had they followed the law and properly Mirandized my client the case would have been solid, but the law is the law, and we were able to get the entire confession thrown out.

It is somewhat ironic to consider that at one time the driving force in Valencia’s life was to become a police officer. One Christmas early in his life his parents gave him a police officer’s “kit” complete with a hat, belt, toy gun and a little badge. After he ended his service with the Marine Corps, he immediately took the exam to become a sheriff in LA County. He earned a perfect score, but was falsely accused of cheating. He even passed a polygraph test to prove the point—to no good.

“I was devastated, but the experience was a transformational moment. I realized the best way to serve the law and the community was to become an attorney.” He earned his B.A. from the University of La Verne and his J.D. from the Pepperdine University School of Law and began a 20-year career of legal service.

“I can’t thank you enough for taking my son’s case. I felt hopeless, and as a mother I blamed myself for everything that was happening. I still get tears in my eyes when I think of everything you did for us. Thank you. You’re amazing.” –Samantha, Pacific Beach

Staying True to the Community

Elite Criminal Defense continues building strong ties to the people in the communities they serve, such as Mateo 1814, a non-profit organization dedicated to preventing malnutrition, juvenile delinquency, and illiteracy among children and adolescents.

Valencia is also involved in charity work with the orphanage Aldea Infantil SOS in Tijuana Mexico, Panama City Panama and Medellin Colombia and in communities throughout the world. For example, the director mentioned that some of the homes needed washers and dryers. The firm provided a washer and dryer for each orphanage in the Baja area. Sometimes the list is for small items, such as shoes or clothing, and sometimes delivery requires borrowing trucks and trailers.

Valencia says, “I do that once a year, I go out and see the director and he tells me what he needs. And then I figure out how I’m going to get it all done. And then I, we, do it.”

Staying True to Beliefs

One thing that has not changed between the then-and-now years is Valencia and his team’s total commitment to fighting for their clients. He says the firm has grown over the years due to the individual and team efforts to stay true to the firm’s mission. Their personal ties with each client mean they know intimately the personal and financial stakes at hand, a responsibility they take seriously. Making a real difference is a driving force behind their track record of successfully representing such a diverse clientele.

Valencia says the work continually reinforces his belief that our legal system, while not perfect, is still the best when it comes to the rights of the individual person, especially the individual person accused of a criminal act. “We’re not always at our best and we’re all human beings and we all make mistakes. And sometimes, whether it’s alcohol related or we’re just having a day, or we handle the situation the wrong way, at the end of the day, we’re all human beings and people are not throwaways.”

Beyond the Law: Oscar Valencia Has a Passion for Freedom and the Open Road

Orange County, March 2025

Tue, 04 Mar 2025 19:05:40 GMT

Defending Justice

Tue, 04 Mar 2025 19:00:00 GMT

Contact

Elite Criminal Defense, APC

8880 Rio San Diego

Suite 800

San Diego, CA 92108

(619) 603-8169

www.EliteCriminalDefense.com

The Relentless Mission of Elite Criminal Defense

Oscar B. Valencia’s Unwavering Commitment to Fighting for Clients and Strengthening the Legal System

Staying Committed to Teamwork

The Elite Criminal Defense Team

Staying Committed to the Law

Staying True to the Community

Valencia says, “I do that once a year, I go out and see the director and he tells me what he needs. And then I figure out how I’m going to get it all done. And then I, we, do it.”

Staying True to Beliefs

Beyond the Law: Oscar Valencia Has a Passion for Freedom and the Open Road

Where Do You Want to Be in Five Years? Building the Career You Deserve

Tue, 04 Mar 2025 16:31:01 GMT

Ten years into my career, someone asked me a pivotal question that completely reframed how I thought about work and professional development: “Where do you see yourself in five years?” I had no answer. My focus was locked on the daily grind, and I assumed my career progression would simply take care of itself as long as I worked hard, stayed personable, and checked all the boxes expected of a good employee. But that question lingered—a reminder that I was letting my career happen to me rather than taking control and shaping it based on my goals.

Now, in my current role and through coaching others, I regularly pose the same question. It illuminates both aspirations and actions: What do you want from your career, and what are you willing to do—or sacrifice—to get there? Caring about your job is one thing. Proactively planning and owning it? That’s a whole different game.

With the start of the new year, it’s the perfect time to reflect on your ambitions, set clear goals for the future, and create a plan to achieve them. Here are actionable steps and strategies to help you steer your career and align it with your goals.

Key Components of a Career Blueprint

To build a career fueled by purpose and intention, incorporate these elements into your planning process:

Define Your Long-Term “Why” and Short-Term “How” Before you decide what you want, take a moment and ask yourself why those goals matter. Your long-term “why” will serve as your compass. (It will serve you well to take a step back and think about why you became a lawyer in the first place. What drove you to achieve that goal?) Once your goals are clear, start identifying the measurable “hows” that will get you there. For example:
Want a leadership role at your firm or company? Determine the skill set or accomplishments you’ll need to secure that spot.
Want to specialize in a specific area of law or segment of the market? Identify industry experts to learn from or conferences to attend.
Set Measurable Goals Make sure your career goals can be measured regularly and achievable within your timeframe.
Write It Down Document your goals and update your plan at least quarterly. When you write things down, they feel more tangible. Better yet, share your aspirations with someone you trust—mentors, peers, friends, spouse, or colleagues—who can support your progress and hold you accountable.

Six Actionable Tips to Take Control of Your Career

Here are ideas to incorporate into your plan that will help you become the architect of your professional future.

Align Talking Points to Your Aspirations If your goal is leadership within your firm, communicate that intention clearly. Volunteer for roles that provide visibility and showcase your strengths, whether that’s joining committees, helping with mentorship programs, or supporting firm initiatives. Articulating your goals helps others see you in that future role.
Build Expertise in Areas That Excite You Position your practice or skills toward a direction you’re passionate about:
If you thrive working with manufacturing clients, invest extra time in that industry. Attend trade shows, network with other professionals, and educate yourself about key industry trends and challenges.
Seek mentorship from seasoned experts in your area of interest to gain knowledge and actionable advice.
Understand Your Numbers Financial benchmarks matter, especially in roles where revenue generation impacts career advancement. Know the metrics tied to promotions—billable hours, client growth, or revenue contributions—and evaluate how achieving them aligns with your goals. Then, clarify what financial success means to you personally.
Lead Through Ownership Take ownership of something that matters—whether it’s a committee, a client relationship, or an internal initiative. Demonstrating your ability to lead and execute positions you as a trusted figure within your organization, paving the way for greater responsibilities.
Build Relationships and Leverage Your Network Your success is amplified through collaboration. Foster meaningful relationships with peers and industry contacts. Be vocal about your career goals—people are more likely to support you when they understand where you’re headed. And don’t forget, relationships are a two-way street. Be generous with your time and expertise to return the favor.
Stay Flexible Career paths are rarely linear. Be open to opportunities that align with your goals, even if they weren’t on your radar initially. For example, transitioning to a different specialization or accepting unexpected cross-functional roles could fast-track you toward your ambitions. The key? Recognize when a pivot aligns with your larger vision and seize it.

Additional Considerations

Tracking Progress Don’t underestimate the power of regular self-assessments. At least twice a year, ask yourself:

Have my goals shifted? If so, why?
What progress have I made, and where am I falling short?
Are my current actions aligned with where I ultimately want to be?

Use these check-ins to adjust your plan as life and circumstances evolve.

Leveraging a Mentor or Coach Guidance from someone who knows your field and aspirations can be invaluable. Mentors provide feedback, share insights about navigating challenges, and expand your network, while a coach may help you clarify strategy or build specific skills.

Don’t Wait for Someone Else to Plan for You The biggest mistake professionals can make is assuming their careers will naturally progress if they stay the course. The reality? No one will care as much about your trajectory as you. Your firm or company—and even your supportive colleagues—might guide you, but they won’t actively build the career you want. That requires proactive planning.

Take the time today to reflect, plan, and write down your aspirations. Want additional support? Lean on your network, connect with a mentor, or inspire someone else by asking, “Where do you see yourself in five years?” Sometimes, helping others find clarity can deepen your own.

It’s your career—own it!

California Case Summaries: New California Civil Cases

Tue, 04 Mar 2025 16:25:55 GMT

CALIFORNIA SUPREME COURT

Real Property

JJD-HOV Elk Grove, LLC v. Jo-Ann Stores, LLC (2024) _Cal. 5th_, 2024 WL 5164746: The California Supreme Court affirmed the Court of Appeal decision that upheld a cotenancy provision in a commercial lease as reflecting the parties’ agreement regarding acceptable alternative performance of agreed upon contract obligations. The California Supreme Court declined to follow the analysis of the Fifth Appellate District Court of Appeal in Grand Prospect Partners, L.P. v. Ross Dress For Less, Inc. (2015) 232 Cal.App.4th 1332, 1336 that had concluded that a cotenancy provision operated as an unenforceable penalty under California Civil Code section 1671. The trial court and Court of Appeal in this case properly analyzed the cotenancy provision as a form of alternative performance because the provision allocated risks and benefits between the two parties and provided plaintiff a realistic choice between accepting lower rent or taking additional efforts to increase occupancy rates or secure replacement anchor tenants. The lease and cotenancy provision were enforceable because they simply created a rent scheme in which there were two applicable rents. (December 19, 2024.)

CALIFORNIA COURTS OF APPEAL

Arbitration

Leeper v. Shipt, Inc., et al. (2024) _ Cal.App.5th _, 2024 WL 5251619: The Court of Appeal reversed the trial court’s order denying defendants’ motion to compel arbitration of plaintiff’s action under the Private Attorneys General Act of 2004 (PAGA; Lab. Code, § 2698 et seq.). The trial court denied the motion based upon its conclusion that plaintiff’s PAGA action did not allege any individual claims subject to arbitration under the parties’ arbitration agreement. The Court of Appeal disagreed and reversed. Based on the unambiguous, ordinary meaning of the relevant statutory language and the legislative history of that language, the Court of Appeal concluded that every PAGA action necessarily includes an individual PAGA claim. The Court of Appeal reversed the trial court and directed the trial court to enter a new order (1) compelling the parties to arbitrate plaintiff’s individual PAGA claim and (2) staying the representative PAGA claim portion of the lawsuit. (C.A. 2nd, December 30, 2024.)

Employment

Chavez v. Cal. Collision (2024) _ Cal.App.5th _, 2024 WL 5064368: The Court of Appeal reversed the trial court’s order awarding defendants’ costs against plaintiff Samuel Zarate because he had rejected defendants section 998 offer and recovered a smaller amount at trial, it affirmed the trial court’s award of attorney fees to plaintiffs Jorge Chavez and Aldo Isas (for work performed before they accepted 998 offers), and attorney fees for Zarate (for work performed before he was served a 998 offer that he ignored), and it concluded it had no jurisdiction to hear plaintiff Zarate’s challenges to two interlocutory orders (pretrial motion for summary adjudication and motion for a directed verdict) because he failed to file a notice of appeal from the final judgment entered after trial. The Court of Appeal found no abuse of discretion in the trial court’s award of attorney fees of $5,705 to Isas, $8,300 to Chavez, and $260 to Zarate. The trial court erred in awarding costs to defendants and against Zarate under section 998 because the award violated Labor Code sections 1194 and 218.5 which specified the costs and fees that could be recovered in Zarate’s action. The trial court was directed to enter a new order denying defendants’ motion for costs and a new judgment reinstating Zarate’s total award of $26,804.91. (C.A. 1st, December 10, 2024.)

Medical Malpractice

Ng v. Super. Ct. (2025) _ Cal.App.5th _, 2025 WL 323098: The Court of Appeal granted a writ petition that directed the trial court to vacate its earlier order granting defendant Los Alamitos Medical Center, Inc.’s (defendant) motion to strike portions of plaintiff’s complaint seeking two MICRA caps in an action for wrongful death and a survival action. The dispute was whether recent amendments to the cap on noneconomic damages (Civ. Code, § 3333.2) under the Medical Injury Compensation Reform Act of 1975 (MICRA) and to the availability of noneconomic damages in survival actions (Code Civ. Proc., § 377.34) permitted plaintiff to recover noneconomic damages under one or two MICRA caps. The Court of Appeal concluded that the recent amendment to Code of Civil Procedure section 377.34, which authorized a decedent’s personal representative or successor in interest to recover noneconomic damages, means a plaintiff can seek two MICRA cap awards (one for himself or herself and one for the decedent) under Civil Code section 3333.2. Because a wrongful death claim and a survival claim—even when premised on the same alleged medical malpractice—are separate and distinct claims, a plaintiff suing for both claims can seek to recover two MICRA caps. (C.A. 4th, January 29, 2025.)

Is AI Too Expensive for Document Review?

Tue, 04 Mar 2025 16:23:18 GMT

Key issues raised in current debates about the ROI of AI, including initial setup costs, quality control, and how to assess its true value

As AI-powered tools continue to enter legal services and corporate compliance, a recurring question is, “Is AI worth it?” The initial expenses associated with AI adoption—including onboarding and integration—can seem daunting. However, with a strategic approach, AI can achieve significant returns on ROI and streamline document review processes.

We’ll explore some of the concerns raised in online discussion, including:

Doubts about AI’s value due to set up, training, and sampling costs.
Additional QC requirements when using AI.
The preference for paying human reviewers over AI tools.

AI Costs: Barrier or Investment?

A frequent concern is the upfront cost of implementing AI: the price of setting up the tool, training algorithms, fine-tuning workflows, and ensuring consistent quality control.

It’s worth considering whether these “hidden costs” of AI are any different from the learning curve and investment needed when onboarding and deploying large teams of human reviewers.

Are we unfairly holding AI to a higher standard of efficiency and reliability than we do manual processes? While AI requires oversight, it also accelerates insights such as potential classification or review priority, allowing teams to focus their energy on strategy rather than review.

Is AI Worth the Effort?

Critics argue that AI adds complexity to the document review process by adding workflows for each classification instead of relying on a team of people to decipher multiple classifications while looking at a single document.

This is a question of which is more efficient: 1. one workflow that assigns multiple designations about a document (human review), or 2. multiple specialized workflows that each make one determination? Perhaps this question of whether AI is worth the effort is not a one-size-fits-all question and rather is best answered on a matter-by-matter basis.

Why Use People for Tasks Better Suited for Technology?

A recurring critique is the preference to pay for first-level reviewers instead of AI solutions. This raises a critical question: Why do organizations hesitate to invest in scalable technology while continuing to rely heavily on human resources? Is it a matter of trust? Many leaders are comfortable with traditional workflows, valuing the perceived reliability of human review. However, this approach doesn’t account for the increasing scale of modern data challenges, where AI excels by processing terabytes of information in hours that would be drudgery and exceedingly difficult for humans to accomplish.

Is this default for using people for all tasks (instead of using people where they excel) over AI holding us back from greater efficiency and cost savings?

Conclusion: What Does “Expensive” Really Mean?

When we say AI is expensive, what do we mean? Is it the dollar amount attached to licensing a tool, or is it the perceived risk of stepping outside traditional methods? And how do we measure “expensive” against the cost of human error, inadvertent production of protected information, or missed deadlines?

Perhaps the question isn’t whether AI is too expensive—but rather have we defined its value correctly in the first place.

Consider the following stories of clients who used AI to cut document review costs in large, complex matters.

A global pharmaceutical company used Lighthouse AI on a group of related matters. This enabled the company to reuse a total of 26K previous privilege coding decisions, avoiding inadvertent disclosures and heading off potential challenges from opposing counsel.

An Am Law 200 law firm used Lighthouse AI to meet their strict production deadline and deliver results and value to their client. Using AI-enabled workflows, outside counsel saved 400+ hours of attorney privilege review time and $25K in contract review attorney costs.

As debates around AI in document review evolve, the conversation is far from over. Rather than providing a definitive answer, we encourage you to reflect: What does “expensive” mean for your organization? Is it the upfront investment—or the opportunity cost of staying the same?

The decision to adopt AI isn’t just about numbers. It’s about rethinking how we measure value in a world where the scale and complexity of data are constantly growing.

The War for Talent: Making the Case for a Culture Fit

Tue, 04 Mar 2025 16:18:56 GMT

When I speak with law firms, two topics come up over and over again—the practical implementation of AI in the practice of law and the challenge of attracting and retaining talent.

Law firms, like all businesses, are in a constant battle for top talent. But when people join a firm—whether as young and enthusiastic lawyers or seasoned practitioners—what is it that truly keeps them there?

Yes, they’ll consider compensation, benefits, remote work flexibility, and other perks. But more than anything, they’re looking for that elusive “good fit.”

And what does “fit” really mean?

It’s not about whether they mirror existing personalities or follow firm traditions. Instead, it’s about belonging—a workplace where they feel valued, can show up as their authentic selves, and see their contributions recognized and celebrated.

Many firms focus on those external incentives—the pay, perks, and policies—but the internal culture and community are what truly set firms apart.

So, here’s the real question: Do you know if your firm offers a strong internal community?

Do your employees feel connected and engaged, even in hybrid or remote settings?
Do they see a clear growth path and feel like their voices matter?
Have you intentionally built a culture of mentorship and collaboration?

Because at the end of the day, firms that invest in culture as much as they do in compensation are the ones that win the war for talent.

So how can firms move beyond assuming they have a strong internal culture and actually measure and improve it?

The first step is understanding who you are as a firm—not just in terms of your leadership, but across every level of your organization. Do you truly know what your lawyers and professionals value and what keeps them engaged?

Many firms never actually ask.

The best firms take the time to measure and assess their internal culture, whether through surveys, focus groups, or structured conversations that provide real insights into what’s working—and what’s not.

But the most successful firms?

They empower their folks to help shape what comes next.

Rather than rolling out top-down initiatives, firms that engage their lawyers and professionals in defining their own focus areas are far more likely to see meaningful progress. Because a one-size-fits-all approach doesn’t work—what resonates in one country or practice group might not be relevant elsewhere.

Firms that commit to gathering data, defining priorities, and fostering ongoing dialogue create cultures that people want to stay in and contribute to.

Okay, so here’s your challenge:

When was the last time your firm asked its lawyers and professionals what makes them feel engaged?
Are you relying on assumptions, or do you have real insights into what your people need? (Truly ask yourself this question—it’s much easier to tell yourself that you already know what people want than to ask them, but you MUST ask them)
How are you empowering them to shape their workplace, rather than just expecting them to adapt to it?

Because the firms that get this right won’t just attract talent—they’ll keep it.

Five Ways Thought Leadership is a Real-Time Positioning Tool for Your Personal Brand

Tue, 04 Mar 2025 16:15:34 GMT

Thought leadership is a better tool for positioning yourself in the eyes of your target audiences than your online bio or your LinkedIn profile and posts.

If you’re not regularly producing thought leadership content, you’re missing out on chance after chance to position yourself in real time in the minds of your target audiences the way you want them to see you.

No offense, but there’s a good chance that neither your online law firm bio nor your LinkedIn profile is up to date and providing your target audiences with the most up-to-date indications of the kind of work you’re doing.

That’s where thought leadership comes in.

Each piece of thought leadership you produce provides an opportunity for you to remind your current, past, and prospective clients and referral sources about the kind of work you do. This allows you to position yourself to be the one they call when they (or one of their clients) has an issue regarding the area of law that you practice or the industry that you serve—both of which you would’ve been addressing in your thought leadership by virtue of the topics you would’ve been discussing.

In other words, thought leadership provides real-time positioning.

It allows your target audiences to get a feel for the kind of work you’re doing right now and how you can help them with the legal or business issues they’re facing right now.

Here Are Five Ways Thought Leadership Is a Real-Time Positioning Tool

1. Thought Leadership Positions You Regarding the Areas of Law You Practice

If you regularly publish thought leadership about the types of legal work you do—insider trading investigations, compensation packages for executives, tax ramifications of mergers and acquisitions, estate planning issues for high-net worth entrepreneurs, etc.—you’re positioning yourself as an attorney who practices those areas of law.

Simultaneously, you’re also positioning yourself as an attorney your clients and referral sources should turn to when they or someone they know has an issue regarding those areas of law.

2. Thought Leadership Positions You Regarding the Industries You Serve

As is the case when you’re talking about particular legal issues within the areas of law you practice, when you talk about industry-specific topics, you’re positioning yourself as a go-to attorney regarding legal and business issues that arise within that industry.

If you’re regularly discussing executive compensation packages at technology companies in your thought leadership, you’ll be seen as an authority on that subject.

If you’re regularly discussing private equity deals in the healthcare industry in your thought leadership, you’ll be seen as an authority on that subject.

If you’re regularly discussing real estate issues for companies in the retail industry, you’ll be seen as an authority on that subject.

3. Thought Leadership Positions You as a Problem Solver Regarding Your Clients’ Problems

When your thought leadership covers best practices for handling a certain legal or business problem, or it compares and contrasts alternate ways of handling a legal or business problem, it’s communicating to clients and referral sources that you’re an attorney who can solve those problems for clients.

They won’t just see you as an attorney who’s generally knowledgeable about the area of law you practice or the industry you serve. They’ll see you as an attorney knowledgeable about how to solve the very problems they’re facing.

4. Thought Leadership Positions You Regarding Your Views of the World That Sync With Your Clients’ Views

Thought leadership communicates to clients and referral sources that you have views of the world that are consistent with theirs.

For example, if you help clients with their regulatory issues and you often opine in your thought leadership about how governments tend to over-regulate industries, which stifles innovation and is bad for the economy, you’re signaling to past, current, and prospective clients and referral sources that you share their view of the world because, obviously, the corporations that are regulated would prefer that they’re not regulated as heavily as they are.

Same thing goes if you are a white-collar criminal defense attorney. If you often opine in your thought leadership about how prosecutors tend to overreach with their criminal charges, or they tend to throw evidence at the wall hoping that it sticks, you’re going to resonate with past, current, and prospective clients and referral sources who feel the same way.

Obviously, clients want to hire attorneys who see the world the same way they do. Your thought leadership can position you as an attorney who does.

5. Thought Leadership Positions You as a Human Being, Perhaps With Similar Hobbies and Interests as Your Clients

If you want to be seen as a straight-down-the-middle, all-business attorney, you can convey that through your thought leadership.

If you want to be seen as a laid-back attorney, you can convey that through your thought leadership.

If you have lots of hobbies and interests outside the law, you can drop hints about them in your thought leadership over time and make it clear you enjoy those hobbies and have those interests.

The tone and style you use in your thought leadership, and the way you weave in your personal interests or hobbies—or you don’t—communicates to clients and referral sources about who you are as a person.

For many clients and referral sources, when two attorneys they’re contemplating sending work to have similar qualifications, credentials, and results, the attorney whom the client or referral source likes most is likely to get the business.

Over time, your thought leadership can make the kinds of favorable impressions on your clients and referral sources that help you win those tie-breakers and solidify you as their go-to attorney for the areas of law you practice and the industries you serve.

Another Tool in the Collection

Thought leadership isn’t just a generic marketing and business development strategy. It’s a Swiss Army Knife.

It’s a marketing and business development tool. It’s a recruiting tool.

It’s a culture-building tool. It’s an advocacy tool.

It’s also a real-time positioning tool that reinforces in the eyes of your target audiences how you want them to perceive you regarding the work you do and how you could help them solve their legal and business problems.

California’s AI Laws Are Here—Is Your Business Ready?

Tue, 04 Mar 2025 16:10:15 GMT

California leads the way with new AI laws promoting transparency, privacy and ethical practices across various industries.

January 1, 2025, marked the start of a series of significant AI laws going into effect in California. California’s 18 new AI laws represent a significant step toward regulating this space, establishing requirements regarding deepfake technology, AI transparency, data privacy and use of AI in the health care arena. These laws reinforce the state’s desire to be a pioneer in this space.

This article provides a detailed look at the enacted legislation, addresses compliance timelines and serves as a guide for businesses as they navigate compliance with California’s evolving AI landscape.

New California Laws Enacted to Keep AI in Check

California’s new laws seek to keep AI in check across a wide range of industries, including social media, entertainment, health care, elections and more. Of the 38 AI bills that were sent to the California Governor Gavin Newsom, 18 were signed into law. In this article, we highlight both broad and industry-specific laws that may impact businesses, such as mandates for AI transparency, consumer data protections, safeguards against misuse of AI in media and health care, and the establishment of mechanisms to address emerging concerns such as neural data privacy and deceptive content in elections. These laws, including amendments to the California Consumer Privacy Act (CCPA) and specific requirements for AI training data, generative AI (gen AI) disclosures and content labeling, impose new compliance obligations that span a range of sectors, demanding significant operational and technological adjustments.

Generally, enforcement from state agencies will come in the form of informal inquiries and formal enforcement actions seeking injunctive relief, fines and, in some cases, criminal penalties. While some laws permit a private right of action, most of the laws focus on state oversight to keep AI transparent and protect the public from misuse. Of the 18 laws signed into law, SB 926, AB 1836, AB 2655 and AB 2839 include a private right of action, whereas the remaining laws are either silent on this issue or explicitly prohibit it.

In this update, we break down California’s latest AI laws with accessible summary charts covering each law’s code, key details, effective dates, and must-know deadlines along with actionable steps to help with your compliance program. We also spotlight notable bills that Gov. Newsom vetoed.

Legislation Enacted into Law

General Enacted AI Legislation

There are two critical general AI laws that were enacted in this session: AB 2885 and AB 2013. AB2885 establishes a standard definition of AI, while AB 2013 requires documentation regarding data used by developers to train the gen AI system or service. According to AB 2885, “Artificial intelligence” is defined as an “engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that can influence physical or virtual environments.” AB 2013 imposes a host of new compliance obligations on developers, as it requires developers to post a high-level summary of the datasets used to train the generative AI system or service on their website.

Social Media, Politics and Entertainment AI Legislation

Eight new laws fall into this category. They encompass laws intended to protect performers’ rights, prohibit non-consensual deepfake pornography, and extend the laws addressing child sexual abuse materials to AI-generated materials and the use of deceptive AI-generated content in the political context.

AB 1831, effective January 1, 2025, expands the scope of existing child pornography laws to include content that is digitally altered or generated by AI systems. This law overlaps with SB 926.

SB 926, effective January 1, 2025, criminalizes the creation and distribution of non-consensual deep fake pornography in California. It specifically prohibits distributing realistic deep fake intimate images without consent if the distributor knew or should have known it would cause serious emotional distress. It applies to individuals and businesses in California involved in distributing such images, except those under 18. Victims have a private right of action, allowing them to sue for damages if their images are shared without consent. Enforced by the California Attorney General, violations range from civil penalties, fines or criminal charges, depending on the offense’s severity.

SB 981, effective January 1, 2025, requires social media platforms in California to establish reporting tools for users to report cases of sexually explicit digital identity theft. It defines “sexually explicit digital identity theft” as unauthorized, digitally altered images or videos of a person that depict intimate acts or body parts in a way that appears authentic. Platforms must temporarily hide reported content from public view, confirm receipt of the report within 48 hours and provide a status update within seven days. Platforms must complete their assessment within 30 days, extendable to 60 days in certain cases. While the law does not specify penalties or civil liability for noncompliance, failure to meet its requirements could result in legal challenges.

AB 2602, effective January 1, 2025, protects individuals from unauthorized use of their digital replicas in personal or professional service contracts. The law applies to new performances, fixed on or after January 1, 2025, allowing digital replicas of a person’s voice or likeness, making such provisions unenforceable if they replace live performances, lack specific usage descriptions, and if the individual was not represented by legal counsel or a union. The enforcement will be by the Division of Labor Standards Enforcement within the Department of Industrial Relations under the direction of the Labor Commissioner.

AB 1836, effective January 1, 2025, restricts the use of digital replicas of deceased personalities for commercial purposes without prior consent from their estate, with protections applying retroactively. Violators may be liable for $10,000 or the actual damages suffered, and enforcement is handled through civil litigation. Exceptions to the consent requirement include uses for news, satire, scholarship, documentaries, fleeting appearances or in specific advertisements. The law provides a private right of action, allowing estates to protect a deceased individual’s likeness for up to 70 years after their death.

AB 2655, effective January 1, 2025, mandates that large online platforms block or label “materially deceptive” election-related content, particularly deep fakes that could harm a candidate’s reputation or election chances. The law applies to platforms with over one million California users and requires rapid removal of flagged deceptive content within 72 hours, along with labeling tools for identifying false or inauthentic content leading up to elections. Exemptions apply to satire, parody and certain media publications. Candidates, officials and California’s Attorney General may seek injunctive relief, and candidates depicted in deceptive content can file lawsuits for damages. This law, like AB 2839, has been challenged in court, and is currently subject to a stipulated stay of enforcement.

AB 2839, effective September 17, 2024, regulates deceptive AI-generated content in election advertisements in California. It prohibits distributing “materially deceptive” content likely to harm a candidate’s reputation or electoral chances, with exceptions for satire, parody and candidates portraying themselves if properly disclosed. The law applies this prohibition within 120 days of an election in California and, in specified cases, 60 days after an election. Candidates and election officials can file for injunctions and seek equitable relief against those distributing misleading content, though the law does not provide for damages. Following a legal challenge, a federal judge substantially limited the law’s scope, allowing only the audio message disclosure requirement to stand, while blocking other provisions due to First Amendment concerns.

AB 2355, effective January 1, 2025, mandates clear disclosures on political ads generated or significantly altered by AI, aiming to prevent undisclosed AI use that could mislead voters. This law applies to a specific subset of political ads involving AI-generated or modified images, audio or video, covering ads related to federal, state, or local candidates and ballot measures. Disclosures must state, “Ad generated or substantially altered using artificial intelligence” in a clear format appropriate to the ad’s medium. The law is enforced by the Fair Political Practices Commission, which can impose fines up to $5,000 per violation, though it doesn’t grant a private right of action. Exemptions are provided for genuine news organizations, satire, parody and live news coverage with proper disclosure.

Health Care Services—AI Legislation

Three new laws regulate the use of AI in connection with health care services, communicating with patients, making medical decisions, and protecting neural and biological data privacy.

AB 3030, effective January 1, 2025, requires health care providers using gen AI for patient communications to include a disclaimer indicating AI involvement and instructions for contacting a human health care provider. This law applies to hospitals, clinics and physician offices that use AI to communicate clinical information. Exemptions apply to communications reviewed by a licensed human health care provider. Enforcement falls under the Medical Board of California and the Osteopathic Medical Board, with no private right of action specified.

SB 1120, effective January 1, 2025, mandates that only physicians, not AI systems, can make final decisions regarding medical necessity in health insurance utilization reviews. While AI can support administrative tasks, it cannot independently determine medical necessity. Health insurers and health care plans must also disclose when AI is involved in these processes. The California Department of Managed Health Care enforces the law, with penalties for noncompliance, but there is no private right of action.

Data Privacy AI Legislation

Three other laws address the intersection of AI and data privacy, clarifying that AI-generated data is treated as personal information, requiring disclosures about AI-generated content, and regulating calls involving AI.

SB 1223. As neurotechnology advances, Colorado and California have introduced laws to protect neural and biological data privacy. Colorado’s law, effective August 2024, adds protections for “biological” and “neural data” under the Colorado Privacy Act, applying to businesses with large-scale data processing in the state. Similarly, California’s law, effective January 1, 2025, amends the CCPA to categorize neural data as sensitive personal information, with new limits on its use. Both laws require businesses to obtain consent before processing neural data and provide opt-out options for consumers, especially for advertising or profiling purposes. Enforcement will be handled by each state’s attorney general, with penalties for noncompliance, though neither law provides a private right of action for individuals.

AB 1008, effective January 1, 2025, updates the CCPA to clarify that AI-generated data is treated as personal information. This law applies to businesses using AI systems capable of generating or processing personal data, requiring them to give consumers the same rights for AI data as for other personal information. California’s AB 1008 acknowledges that AI can create personal data by learning from existing information, mentioning real people in its responses, or guessing details about them. The law ensures that any personal data AI generates is protected just like regular personal information. The California Attorney General and California Privacy Protection Agency will enforce the law, with penalties including civil fines based on violation severity. Although AB 1008 does not grant a separate private right of action, consumers can still sue for data breaches under CCPA protections.

SB 942, effective on January 1, 2026, requires “covered providers,” as defined, to provide users with tools to identify AI-generated content that is clear and conspicuous. To comply, these covered providers must offer a free AI detection tool that allows users to assess whether an image, video, audio or a mix of these was made or changed by the provider’s AI system. The law also requires companies to give users the option to add a clear and noticeable label to the images, videos, audio or any mix of these if they were created or altered by the company’s AI. This label must be easy to understand and suited to the type of content. Violations can incur civil penalties of $5,000 per violation, enforceable by the Attorney General or local authorities, although there is no private right of action included.

AB 2905, effective January 1, 2025, regulates the use of automatic dialing-announcing devices with artificial voices in California. It applies to telecommunications companies and any entity using prerecorded messages generated or altered by AI for phone calls. To comply, businesses must first notify the recipient with a natural voice that an artificial voice will follow, along with details on the call’s nature, and provide contact information. Consent is required before playing the message. The California Public Utilities Commission enforces the law, with criminal penalties for violations, though there is no private right of action.

Government and Education AI Legislation

Three laws address the use of AI by government and in schools.

SB 896, also known as the “Generative Artificial Intelligence Accountability Act,” regulates California state agencies’ use of gen AI. It requires the Office of Emergency Services to assess gen AI’s risks to critical infrastructure, including potential mass casualty events, with annual reports to the Legislature. Agencies must disclose AI-generated communications and provide human contact options. The Department of Technology must annually update the governor on gen AI developments to ensure transparency, accountability and public safety.

AB 2876. The Instructional Quality Commission is tasked to incorporate Model Library Standards, which include media literacy and AI literacy into California’s K-12 curriculum during its next revision after January 1, 2024. They must also consider including media literacy content in the mathematics, science and history-social-science instructional materials when they are adopted January 1, 2025.

SB 1288 requires the Superintendent of Public Instruction to establish a working group focused on the safe and effective use of AI in public schools. The group must develop guidance by January 1, 2026, and model policies by July 1, 2026, addressing academic integrity, data privacy and equity. They are also tasked with evaluating current and future AI developments in education. A final report with findings and recommendations is to be submitted to the Legislature by January 1, 2027.

Vetoed AI Legislation

AB 1949, which was vetoed on November 28, 2024, aimed to restrict the use of minors’ data by requiring parental or self-consent for data processing and would have empowered the California Privacy Protection Agency (CPPA) to regulate such data use. The bill would have strengthened privacy protections for anyone under 18 by stopping businesses from collecting, using, sharing or selling their personal data without permission. Teens aged 13 to 17 would have been required to give their own consent, while kids under 13 would have required a parent or guardian to give consent.

Another bill, SB 1047, known as the Safe and Secure Innovation for Frontier Artificial Intelligence Models Act, also faced veto. If enacted, SB 1047 would have held tech companies legally responsible for harms caused by AI models. It would have also required them to implement a “kill switch” to disable AI systems if they were misused or became uncontrollable. Both bills were designed to enhance protections in emerging technology fields, particularly around data privacy and the safe use of AI.

Conclusion/Next Steps

California’s new AI laws set regulations for artificial intelligence use in various industries, potentially setting a precedent for other states. These enacted laws aim to protect consumers and strengthen data privacy measures. They further emphasize California’s commitment to safeguarding consumer interests. As compliance obligations commenced in January 2025, companies operating in California must act quickly to ensure that appropriate compliance controls are implemented. Companies should also anticipate that this is only the beginning, and that subsequent legislative sessions, both within and outside California, will likely spawn even more AI legislation.

The Art of Personalizing the Client Experience

Tue, 04 Mar 2025 16:01:10 GMT

Let’s face it: in today’s market, being an excellent lawyer isn’t enough. Your clients aren’t just seeking legal acumen—they’re craving an experience that makes them feel understood, valued, and supported throughout their legal journey. The secret sauce? Personalization that transforms routine client interactions into meaningful relationships.

Think of client personalization as tailoring a bespoke suit rather than picking one off the rack. Every client brings unique concerns, aspirations, and anxieties to your firm. Your ability to recognize and respond to these individual needs can make the difference between a satisfied client and a passionate advocate for your practice.

Let’s dive into five game-changing strategies that will elevate your client experience at every touchpoint:

Awareness: From Generic Marketing to Magnetic Messaging

Gone are the days of broadcasting generic legal content into the void. Today’s clients can smell cookie-cutter content from a mile away.

Instead, imagine this: Your family law practice creates a series of targeted resources that speak directly to your clients’ midnight worries—from that first thought of divorce to concerns about co-parenting arrangements. Each piece of content feels like a conversation rather than a lecture, addressing specific pain points with empathy and experience.

For corporate-focused firms, develop sophisticated thought leadership campaigns that anticipate market shifts. (Campaign = more than one piece of content, by the way.)

Imagine creating a multi-channel initiative targeting C-suite executives in the renewable energy sector: Your content strategically combines regulatory insight updates, sector-specific ESG compliance guides, and invitation-only virtual roundtables on emerging clean energy legislation. When a potential client engages with your analysis of recent EPA guidelines, your team follows up with tailored insights on how these changes specifically impact their operations and growth strategies.

Pro Tip: Don’t just send newsletters; craft strategic content ecosystems. When a prospect engages with any piece of content, follow up with personalized insights that demonstrate your understanding of their industry position and specific challenges. For corporate clients, this might mean connecting recent regulatory changes to their expansion plans; for individual clients, it could be linking legal guidelines to their personal circumstances.

Consideration: Turn Consultations into Conversations

First consultations shouldn’t feel like interrogations. Transform these crucial meetings into strategic discussions that showcase your preparation and insight.

For individual clients: A couple seeking estate planning walks in for a consultation. Instead of generic questions, you’ve already analyzed their current financials as well as publicly available business interests, and prepared targeted recommendations about trust structures that align with their philanthropic goals and family dynamics.

For corporate clients: A multinational tech company seeks counsel on cross-border data privacy compliance. Before the first meeting, your team has prepared a comprehensive analysis of their current market presence, regulatory exposure across jurisdictions, and potential growth territories. You arrive with a preliminary gap analysis and strategic roadmap, demonstrating your understanding of their legal challenges and business objectives.

Pro Tip: Use technology to your advantage. Implement pre-consultation questionnaires that gather crucial information, but make them intelligent—adapting follow-up questions based on initial responses. This shows respect for your clients’ time while gathering the insights needed to make every minute of the consultation count.

Onboarding: Welcome Experiences That Drive Engagement

Your client’s decision to choose your firm deserves more than a standard welcome email. Create an onboarding experience that sets the tone for your entire relationship.

For individual clients: Deliver a personalized digital portal that includes:

Interactive timelines of their legal journey
Educational resources tailored to their specific case
Secure document sharing and e-signature capabilities
Direct scheduling access to their legal team

For corporate clients: Launch a comprehensive onboarding program featuring:

Executive briefing documents outlining strategic approaches to their legal challenges
Custom compliance dashboards integrating with their existing risk management systems
Dedicated client success team introductions and communication protocols
Training sessions for their in-house legal team on your collaborative tools
Quarterly strategy alignment sessions

Pro Tip: Create onboarding workflows that adapt to client sophistication levels. Use AI-driven systems to customize the depth and complexity of materials based on client engagement patterns.

Retention: Strategic Partnership Management

Regular updates shouldn’t feel like routine maintenance. Transform your client communications into strategic touchpoints that demonstrate your ongoing commitment to their success:

For individual clients: Implement milestone-based check-ins that combine case updates with proactive legal wellness reviews. For instance, after completing a real estate transaction, schedule quarterly reviews to discuss property tax planning, assessment challenges, or development opportunities.

For corporate clients: Establish a comprehensive client success program:

Monthly strategy sessions that align legal initiatives with business objectives
Quarterly business reviews featuring trend analysis and proactive risk management
Custom regulatory monitoring dashboards
Early warning systems for emerging legal challenges in their sector
Access to exclusive thought leadership events and peer networking opportunities

Pro Tip: Leverage data analytics to predict client needs and proactively address concerns before they arise. Use interaction patterns and industry trends to customize the frequency and depth of your communications.

Advocacy: Cultivating Strategic Partnerships

The conclusion of a matter isn’t the end of your relationship—it’s an opportunity to transform a satisfied client into a strategic partner and advocate:

For individual clients: Create personalized case completion packages that include:

Handwritten notes highlighting collaborative victories
Preventive legal care checklists tailored to their future needs
Exclusive access to client appreciation events
Referral program benefits that acknowledge their trust in your firm

For corporate clients: Develop strategic partnership programs featuring:

Executive summaries of achieved outcomes and strategic implications
Custom ROI analysis of legal initiatives
Invitation to join your client advisory board
Co-creation opportunities for thought leadership content
Priority access to new service offerings and legal tech innovations
Structured feedback programs that influence your service development
And don’t underestimate the power of a handwritten note here too

Pro Tip: Use client success stories strategically. Work with your advocates to create case studies that resonate with their peer group, positioning both your firm and your client as industry innovators.

The Bottom Line: Personalization as a Strategic Advantage

In a saturated and highly-competitive legal market, personalization isn’t just a differentiator—it’s a strategic imperative. By crafting tailored experiences at every stage of the client journey, you’re not just building a practice; you’re creating an ecosystem of loyal clients who view your firm as an indispensable strategic partner.

Remember: Every client touchpoint is an opportunity to demonstrate that you’re not just another law firm—you’re their trusted advisor, uniquely positioned to advance their interests and committed to their success.

Ready to transform your client experience? Start by mapping your current client journey and identifying opportunities for strategic personalization. Your future client relationships (and your firm’s market position) will reflect the investment.

Orange County, February 2025

Thu, 30 Jan 2025 19:51:36 GMT

San Diego, February 2025

Thu, 30 Jan 2025 19:50:27 GMT

Leading the Fight for Wildfire Victims and Catastrophic Injury Survivors

Thu, 30 Jan 2025 17:00:43 GMT

Contact

Fox Law, APC

201 Lomas Santa Fe Drive
Suite 420

Solana Beach, CA 92075

(858) 256-7616

www.foxlawapc.com

How a Compassionate, Client-Centered Firm Achieved Over $1 Billion in Verdicts and Settlements

"We focus on catastrophic injury cases and wildfire litigation. Clients come to us usually for three reasons: they lost a close family member, are suffering through a life altering injury, or have lost their home in a wildfire. We can’t effectively tell our clients’ story until we know them inside and out, so our attorneys invest tremendous time, one-on-one, to counsel clients on the process so we can fight for them in and out of court,” says Dave Fox, Founder Fox Law.

First profiled in San Diego Attorney Journals, Fox Law has become an elite plaintiffs’ personal injury and wildfire trial firm. The firm has achieved more than $1 billion in verdicts and settlements and resolved more than 250 cases for $1 million or more. In 2024 alone, Fox Law recovered more than $250 million for clients that suffered property damage and injuries in northern California wildfires and resolved a wrongful death case for $40 million. This doesn’t include dozens of other seven- and eight-figure results the firm obtained for its clients.

The firm’s practice focuses on wildfire litigation, aviation litigation, and other catastrophic personal injury cases. Fox was awarded the 2023 “Lawyer of the Year” by Best Lawyers, and the firm as whole has consistently been recognized by Best Lawyers as a “Tier 1” California plaintiffs’ firm. Before plaintiffs’ civil work, he was a federal prosecutor for the United States Department of Justice where he honed his trial practice.

“We’ve grown quite a bit since we first met with you in 2019. Now, we have more than 20 people under the Fox Law umbrella. The key to our ongoing success has been sticking to our underlying philosophy of client service beyond anything else. That means not ever turning into a ‘mill firm’ - taking so many clients that you lose a close connection with the people who are depending on you to handle difficult life and legal challenges,” Fox says.

The Fox Law Legal Team

Fox Law Core Competency—Wildfire Litigation

Fox Law has developed an expansive practice dedicated to serving clients who have been impacted by wildfires, in California and across the nation. To do so, the firm is extremely careful in selecting clients and building a strong liability case against utility defendants. The team has handled challenging cases representing the owners of multi-million-dollar homes to people who have lost their small cabin home in rural California, and virtually everyone in between. One notable case involved a woman who lost her husband, her high school sweetheart, in 2020. He was trapped and killed in his house during a wildfire in northern California.

Sadly, the couple had a child who was severely disabled. The father had been the breadwinner, and his wife was suddenly without income or financial support. “We hit the ground running and earned her a massive, multi-eight-figure settlement that will more than take care of her, her disabled child, and future generations for the rest of their lives.”

Much of Fox Law’s workload is dedicated to these types of cases. In wildfire cases, Fox Law recovers for its clients their underinsured or uninsured losses after a wildfire. These complicated cases require a firm with special expertise and the resources to work with a multitude of engineers and experts to successfully take on massive utility companies. In the past few years, Fox Law has successfully represented clients against Pacific Gas & Electric, Southern California Edison, PacifiCorp in California, utilities in New Mexico, and has active cases in Maui and Colorado as well.

Fox says, “People usually get paid out full policy limits on their homeowners insurance because they paid premiums for that. But what we focus on is the underinsured or uninsured amounts, and we have been really successful in that. Given our background over the last decade, courts have appointed us to leadership positions in nearly all the major California wildfire cases. We take a lot of pride in that kind of work.”

The firm is positioned to handle the volume and the intensity of legal battles that will inevitably arise from the most recent devastating California wildfires in Pasadena and Altadena. Fox Law lawyers already represented over 1000 people across Southern California, including in the 2017 Thomas/Ventura Fire in Ventura and Woolsey Fire in Malibu back in 2019, and many others. They are representing people now in these fires and will be focusing on the most serious cases, including home losses and serious injuries.

“The sheer size of this mirrors the 2017 North Bay/PG&E Fires we handled and so we are ready to take on the challenge,” Fox says.

How? Teamwork

“I was a teacher before becoming a lawyer. Many of our employees come from vastly different backgrounds. That’s a tremendous advantage because our lawyers work closely as a team with people from all walks of life at all economic levels,” Fox says.

Fox Law employs ten attorneys, many of them recruited from top international defense firms (Cooley LLP, Morrison & Foerster, Quinn Emanuel, etc.) and from the DOJ. As a result, our attorneys consistently earn extraordinary results for our clients,” says Fox.

In 2017, as Fox Law became busier, Fox’s wife and attorney Joanna Fox became his partner in the business, after spending nearly a decade building her own significant track record at Morrison Foerster—one of the top international firms in the country. Since joining Fox Law, she has facilitated hundreds of millions of dollars in wildfire-related settlements for the firm’s clients, has been selected as a Rising Star Super Lawyer, and named to America’s “Best Lawyers” each year since 2018. Because of her extraordinary work, in 2023 she was selected as a National Rising Star of the Plaintiffs’ Bar by the National Law Journal and Law.com.

“Truly, I decided to leave my existing, big firm job and join Dave in building Fox Law because I wanted to help people. I was tired of using my law degree for the benefit of big corporations and wanted to make a tangible difference in people’s lives. I can say—without any doubt—that I see that difference every day,” Joanna explained.

She is serious about that mission— at the firm and through pro bono efforts. This year, after five years on the Board of Directors for Legal Aid Society of San Diego, she was elected as Chairperson. “Legal Aid is my second passion. We are so fortunate to be able to give access to justice for Fox Law’s clients, and Legal Aid does that for thousands of San Diegans every year. It is inspiring—personally and professionally.”

The rest of the team is driven by that same core value—people first. Jessica Teevan, who has been with Fox Law since 2020, worked for nearly a decade at the top defense firm Quinn Emanuel before joining Fox Law. There, she developed a significant amount of trial experience. Teevan now uses that experience to supervise and manage many of the firm’s largest wildfire clients and cases. Her focus is on truly complex civil litigation, utility-caused wildfire lawsuits, and other mass torts. Teevan is licensed to practice in California and Washington State, and she handles matters seamlessly nationwide. “Nothing is more rewarding in this profession than changing someone’s life for the better,” Teevan says.

Attorney Chris Hendricks focuses on the firm’s single incident catastrophic personal injury and trial matters. He has achieved unparalleled results in and out of the courtroom, and has built a reputation for being one of the best personal injury attorneys in San Diego. He is also a go-to resource for other attorneys in the area, selflessly sharing his experience and expertise.

In 2023, attorney Brett Norris joined the team. Norris served more than 14 years as an Assistant U.S. Attorney in the Civil Division of the U.S. Attorney’s Office for the Southern District of California, where he represented the federal government in a broad range of cases, including personal injury. Fox says, “Years ago, I tried a case against Brett when he was at the U.S. Attorney’s Office on the defense. We fought hard against each other but built and kept a great relationship based on trust, civility and mutual respect. We are excited he decided to join the firm.”

Attorney Samantha Baldwin has nearly a decade of experience handling serious personal injury cases up and down California. She has been a key asset on the personal injury side and has also been instrumental in the wildfire practice.

Keeping It All Together

Fox believes one of the key elements of their success from then to now is the quality of his team and their teamwork. “I think because of the people that we’ve hired and the fact that we are very selective on cases, the clients who come to us are getting the same level of attention as they were when it was just me, and our results and reviews prove it.”

One of the prerequisites for working at Fox Law is to truly enjoy working with people. The firm works with people from all backgrounds, people who have next to nothing to the very well off. “On the fire side, whether a family loses a mansion or a small cinder block residence, a home is a home. The loss is major and a tragedy, so it’s important that all our folks working here are happy working with people from all walks of life,” Fox says.

Their personal injury clients typically are dealing with the loss of a loved one, someone who has lost a limb, who is paralyzed, or is suffering horribly. The ability to be good listeners in dealing with people facing the worst moments of their lives is essential, Fox says. “You can’t tell a client’s story unless you really know all its details and emotional ramifications. You can’t explain it to a jury, a judge or a mediator if you’re just going through the motions, checking things off in a more mechanical way—it’s just not going to work or resonate.”

He says that the key to the cohesion that has maintained such a strong team for so long is simple: treating everybody well, making sure that everyone’s invested in the firm, and that they have room to grow. Fox encourages his attorneys to think of themselves as a business within the business and to recruit people who have the same commitment to excellence and the entrepreneurial spirit that breeds success.

“We share the same values and the same work ethic balanced by a desire to be autonomous, having our personal freedom, and leading a balanced life with home and family. Waking up each day knowing that you’re making a difference in someone’s life really binds everyone at the firm into a powerful and committed unit.”

Empathy and Community

The firm’s commitment to empathy extends to the community at large as well as to their clients. Each year they host a “Sunset Happy Hour For a Cause” held at the top of the Del Mar Plaza and also host a fundraiser and charity raffle for two deserving non-profit organizations. They have donated to and raised tens of thousands of dollars yearly to various community organizations such as the Boys & Girls Club, San Diego Volunteer Lawyer Program, Rancho Coastal Humane Society, Casa Conelia, Free to Thrive, and others. In 2024 alone, they raised more than $35,000 for multiple causes.

Individual members of the firm are also committed to personal civic action. For example, Dave Fox has served on the Federal Magistrate Judicial Selection Committee as a Lawyer Representative to the Ninth Circuit, on the boards of the San Diego County bar Association, ABTL, has taught as an Adjunct Professor of Trial Practice at USD School of Law, and for the National Institute of Trial Advocates (“NITA”).

Fox says, “With the help of our wonderful client base and referring attorneys, we look forward to growing and making an even bigger impact on our community this year.”

The Fox Law Legal Team