February - Greater Los Angeles Chapter

Transcription

LEADERSHIP Exchange
Published Monthly For Members Of The Greater Los Angeles Chapter Of The Association Of Legal Administrators
February 2007 • Volume 5 • Issue 2
THE RESOURCE FOR LEGAL ADMINISTRATORS
Descanso Gardens
Beautiful Every Season ...
10 / MANAGEMENT SKILLS AND PERSONAL
CHARACTERISTICS POSSESSED
12 / A LAWYER’S DOZEN
14 / RECORD RETENTION:
What To Hold, When To Fold
16 / WHAT’S A LITTLE PROFANITY AMONG FRIENDS?
18 / HILDEBRANDT HEADLINES
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2
Greater Los Angeles Leadership Exchange • www.glaala.org
February 2007
Something’s missing...Your Firm Name!
Allen Matkins, et al.
Alschuler, Grossman, Stein, Kahan
Appel Law Partners, LLP
Appleton, Blady, & Magnanimo
Asherson & Klein
Avila & Peros, LLP
Backus, Bland & Weber, LLP
Baker, Keener & Nahra, LLP
Bate, Peterson, Deacon, Zinn & Young
Berman, Berman & Berman, LLP
Bonne, Bridges, Mueller, O’Keefe & Nichols
Bowman and Brooke
Bradley & Gmelich
Bryan Cave
Buchalter Nemer
Burke, Williams & Sorensen, LLP
Caldwell, Leslie, Newcombe & Pettit
Carlsmith Ball
Carpenter & Rothans
Carroll, Burdick & McDonough, LLP
Case Knowlson, et al.
Chapman Glucksman & Dean
Costell & Cornelius Law Corporation
Countryman & McDaniel
Cox, Castle & Nicholson
Crowe & Rogan, LLP
Curiale Dellaverson Hirschfield Kraemer & Sloan
Daar & Newman, PLC
Dale, Braden & Hinchcliffe
Daniels, Fine, Israel & Schonbuch
De Castro, West, Chodorow, Glickfeld & Nass, Inc.
DLA Piper Rudnick Gray Cary US, LLP
Ernster Law Offices
Ervin, Cohen & Jessup, LLP
Fagelbaum & Heller, LLP
Fairbank & Vincent
Fellman & Associates
Finestone & Richter
Fonda & Fraser
Ford & Harrison, LLP
Fox & Sohagi, LLP
Frandzel Robins Bloom & Csato, L.C.
Freeman, Freeman & Smiley
Friedman & Solomon, LLP
Fuchs & Associates, Inc.
Fulwider Patton Lee & Utecht, LLP
Gemmill, Thornton & Baldridge, LLP
Gibbs, Giden, Locher & Turner, LLP
Gilbert, Kelly, Crowley & Jennett, LLP
Golob, Bragin & Sassoe
Goodson & Wachtel
Greenberg Traurig, LLP
Greenberg, Fields & Whitcombe, LLP
Greenberg, Glusker, Fields, et al.
Guth Christopher, LLP
Haight, Brown & Bonesteel
Hammel, Green and Abrahamson, Inc.
Hamrick & Evans
Haney, Buchanan & Patterson, LLP
Hart, King & Coldren
Hooper, Lundy & Bookman, Inc.
Irell & Manella, LLP
Ivie, McNeil & Wyatt
Jeffer, Mangels, Butler & Marmaro, LLP
Jenkens & Hogin
Johnson & Rishwain, LLP
Jones, Kaufman & Ackerman, LLP
Kabateck Brown Kellner, LLP
Kajan, Mather & Barish
Kalcheim/Salah
Kane, Ballmer & Berkman
Kehr, Schiff & Crane, LLP
Kelly Lytton Mintz & Vann, LLP
Kessel & Associates
Kessler & Kessler, ALC
Kimball, Tirey & St. John
Kolodny & Anteau
Kramer & Jacob, LLP
Kreindler & Kreindler, LLP
Landmark Law Group, LLP
Law Offices of Harold J. Light
Law Offices of Jerome Yelsky
Law Offices of Mark Weidmann
Law Offices of Marshall S. Zolla, APC
Law Offices of McKay and Meyer
Law Offices of Michael Oran
Law Offices of Paul L. Stanton
Law Offices of Rodney T. Lewin
Law Offices of Timothy McGonigle
Leven & Seligman
Levene, Neale, Bender, Rankin & Brill, LLP
Liebert Cassiry Whitmore
Lim, Ruger & Kim
Liner Yankelevitz Sunshine & Regenstreif, LLP
Litco
Loeb & Loeb
Luce, Forward, Hamilton & Scripps, LLP
Margolis & Morin, LLP
Martin H. Blank, Jr., Attorney at Law
McNicholas & McNicholas, LLP
Miller & Holguin
Milstein Adelman & Kreger, LLP
Morrison & Foerster, LLP
Newmeyer & Dillion
Nossaman, Guthner, Knox, & Elliott, LLP
Obrestein, Kibre & Horwitz, LLP
Orrick, Herrington & Sutcliffe
Parker Milliken, et al.
Paul, Hastings, Janofsky & Walker, LLP
Peitzman, Weg & Kempinsky, LLP
Perkins Coie
Pircher, Nichols & Meeks
Pond North, LLP
Rein Evans & Sestanovich, LLP
Reish Luftman Reicher & Cohen
Riley & Reiner
Rintala, Smoot, Jaenicke & Rees
Robinson, Diamant, et al.
Rosenfeld, Wolff, Aronson & Klein
Rutter Hobbs & Davidoff
Samuelson, Gonzalez, Valenzuela & Brown
Sauer & Wagner, LLP
Schaffer, Lax, McNaughton & Chen
Schwartz & Janzen, LLP
Shaub & Williams
Shea Stokes & Carter
Silver & Freedman
Simpson Thatcher & Bartlett
Somers & Somers, LLP
Spolin Silverman & Cohen, LLP
Stapke & Harris, LLP
Steptoe & Johnson
Strumwasser & Woocher, LLP
Sullivan & Cromwell
Swerdlow Florence Sanchez & Rathbun
The Krasnove Law Firm
The Law Offices of Raymond Paul Johnson
The Quisenberry Law Firm
Troy & Gould
Tyre Kamins Katz & Granof
Van Etten, Suzumoto & Becket, LLP
Verboon, Milstein & Peter, LLP
Verus Law Group
Weinstein, Eisen, Weiss, LLP
Weinstock, Manion, Reisman, et al.
Weston Benshoof Rochefort Rubalcava &
MacCuigh, LLP
Wilson Borys, LLP
Wolf, Rifkin, Shapiro & Schulman, LLP
Wolfsdorf Associates
Yoka & Smith, LLP
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February 2007
3
TABLE OF Contents
FEATURED ARTICLES
INSIDE THIS ISSUE
President’s Message.............................................................6
Editor’s Message ..................................................................7
Calendar & Save The Date ............................................ 8 & 9
HR Challenges ....................................................................20
Membership Information............................................ 22 & 28
Board of Directors...................................................... 24 & 25
2007 Labor Law Conference Photos......................... 26 & 27
New Members & Member Updates ....................................29
Section Reports ..................................................................29
Brain Teaser (Suduko).........................................................30
Office Leasing .....................................................................38
Technology Tip....................................................................40
SOS — Succeed Over Stress.............................................42
Vendor Spotlight .................................................................46
VENDOR PARTNERS
Aflac ....................................................................................33
Berbay Corporation ............................................................47
City National Bank ...............................................Back Cover
Davidson Legal Staffing......................................................21
Document Technologies, Inc. .............................................39
ESP...The IT Candidate People...........................................33
HIRECounsel.......................................................................13
HOK Interiors .....................................................................35
Hutchings Court Reporters.................................................33
Innovative Computing Systems..........................................15
Legal Option Group ............................................................19
Matura Farrington Staffing Services......................................37
Overnite Express...................................................................3
Providus ..............................................................................11
Robert Half Legal..................................................................2
Tra-Co Graphics..................................................................21
Typecraft Wood & Jones.....................................................21
United Document Storage ..................................................17
USI ......................................................................................32
WAMS ...................................................................................3
4
February 2007
PUBLICATION Information
THE GLA ALA
A LEADERSHIP Exchange
g
The monthly magazine of the Greater Los Angeles Chapter
of the Association of Legal Administrators
Copyright © 2007 — All Rights Reserved • www.glaala.org
MANAGING EDITOR
Debbie Mogren
[email protected]
213-443-3831
PUBLICATION TEAM
Brian Robbins, CLM
[email protected]
626-440-5200
Susan Seales
[email protected]
213-633-6810
PRODUCTION
Layout & Design
T
Tracy
Dragoo
[email protected]
626-487-0784
Printing
Typecraft Wood & Jones
T
T
Teresa
Cherman
[email protected]
213-892-4967
Debbie Klaeger
[email protected]
213-443-3651
[email protected]
626-795-8093
Janet Shaw, CLM
[email protected]
213-688-9500
The GREATER LOS ANGELES LEADERSHIP EXCHANGE is published monthly to provide information for the education and benefit of legal administrators, law office managers, managing partners of law firms and of corporate law departments, and others interested in law firm management.
The Greater Los Angeles Chapter of the Association of Legal Administrators is not engaged in rendering legal, financial or tax counseling through this
publication. No statement in this monthly magazine should be interpreted as legal, financial or tax advice.
Any article, letter or advertisement published in The GREATER LOS ANGELES LEADERSHIP EXCHANGE should not be considered an endorsement by the Greater Los Angeles Chapter of the Association of Legal Administrators of the opinions expressed therein or any product(s) advertised.
Contributing authors are requested and expected to disclose financial and/or professional interests and affiliations which may influence their writing
position. All advertising is subject to approval by the Editor. Advertisers assume liability for all content of advertisements printed and assume responsibility for any claims based upon subject matter.
GLA ALA M
MISSION
SS N STATEMENT
S ATEME
The Association of Legal Ad
Administrators’
ministrato s’ mission is to im
improve
rove the quality
uality of managem
management in
legal
al services organizations
organizations; promote and
d enhance
h
the
h competence and
d professionalism
f i
l
of
legal administrators
dministrattors and a
allll m
members
mb
berss of the
he m
management
an
nage
eme
ent tea
team;
am; and
nd represe
represent
ent profes
professional
ssio
legal
management
manag
gem
men
nt a
and
nd m
managers
anager to the legal
gall co
community
omm
m nityy and to the com
community
mmunityy at la
large.
arg
February 2007
5
PRESIDENT’S Message
I’ve thought of little else over the last couple of weeks and
started to look back over my life and realized that I have always
pursued happiness and the things I believe would help me find it.
The path to happiness and the things that make me happy have
My Own Pursuit Of “Happyness”
changed as much as I have over the years. When growing up,
being successful in school brought me happiness – there’s noth-
G
reetings Friends! I struggled this month to come up
ing like earning an “A” on a tough assignment. That source of joy
with the inspiration to write to you. Sometimes life
has transcended the years and I find, now back in school, an “A”
goes so fast it seems to go by in a blur and there’s
still feels very cool. Once in the working world, receiving a good
just no way to fit everything in. I decided to turn my attention to
evaluation, learning a new skill or overcoming a huge challenge
my son who turned 16 on January 23rd. Family and friends took
have all been sources of joy. Getting married and being blessed
him to dinner at a restaurant of his choice and then I thought
with two beautiful boys provided much happiness too. The best
about doing something I hadn’t done in a very long time – go
part of having kids, I think, is watching the evolution of their perr
to a movie. The one movie that had really grabbed my attention
sonalities. Probably my greatest source of happiness is linked to
recently was The Pursuit of Happyness with Will Smith. It did not
my kids and involves those wonderful moments of spontaneous
disappoint. Every one of us left the theater quite awestruck and
eruptions of laughter following a witty comment or slightly em-
a resounding message has stayed with me ever since. The mes-
barrassing faux pas. I love it when my eyes water and my sides
sage involved the concept of our right to Life, Liberty and the
ache with the laughter. My spirit soars following these episodes
Pursuit of Happiness as referenced in the Declaration of Inde-
and brings us all closer. Those aren’t moments you can plan for
pendence. Smith’s character pondered how the author knew to
or predict but you can pursue them by making sure you have op-
add the word “pursuit” in the phrase “pursuit of happiness,” and
portunities to be together.
realized that happiness isn’t in fact something that’s guaranteed
In the harder times of my life, of which the last couple of years
nor does it just land in our laps. Rather, we must continuously
qualify, happiness is harder to uncover. I’ve learned to recognize
pursue it. I’d even say we must covet it for it can be elusive and
even the smallest taste of happiness…the rush of air that lifts my
even once found, temporary.
hair just before the subway comes through the tunnel heading
toward my stop; the sunlight that forces its way through the very
thick clouds following a heavy rainfall; even the little collection of
birds that huddle together on one power line to absorb warmth
from one another. Those little things make me smile and I cling
to the positive feelings they bring me and sometimes that’s just
enough to get me through the day. When we get too busy and too
consumed by unhappiness, it can be very hard to see these little
things so we’ve got to try harder…we must “pursue” the good
stuff. It’s out there all around us for the taking. What makes you
happy? Are you just sitting around waiting for it to fall in your lap
or do you consistently pursue it? Remember, you have the “right”
to “pursue” happiness so go for it; it will most definitely be worth
your trouble!
Wendy
6
February 2007
EDITOR’S Message
In And About L.A.
DESCANSO GARDENS
F
eatured on this month’s cover is the beautiful Descanso
of rose settings. There is also an extensive performing arts pro-
Gardens which is located in the San Rafael Hills. The
gram throughout the year that includes stage and musical perforr
Gardens contain over 100,000 plants and one of the
mances and, there are flower and craft shows.
largest displays of camellias in the world! And what timing ... the
You can enjoy walking or tram tours through the Gardens. It
camellias are in bloom! (Also in bloom are magnolias, cherry trees
is a gorgeous setting and something the whole family can en-
and daffodils with iris and lilacs soon to be in bloom.)
joy. When I was growing up (yes, just a few short years ago), my
For those of you who like a little history, the 160 acres that
mother was a member of the Southern California Garden Club.
form Descanso Gardens was purchased in 1937 by E. Man-
We often went to the Gardens for different events. Even at that
chester Boddy, publisher of the Los Angeles Daily News. Boddy
young, easily bored, “are we done yet?” age, I found the Gardens
cleared the land and built an elegant two-story mansion of 22
beautiful. It is well worth carving an afternoon out of your busy
rooms which overlooks 25 acres of live oak forest and a camellia-
schedule for a visit.
lined driveway. The Boddy House, used today as an art gallery, is
open to visitors.
For the romantic among you, you can make a reservation to
“Celebrate Valentine’s Day With Camellias, Candlelight and Fine
Some of the more popular attractions in the Gardens include:
a lake that hosts migratory birds, a Japanese garden with pools
Dining at Descanso!” For more information visit the website at
www.descansogardens.org.
and waterfalls and the International Rosarium featuring thousands
Debbie
Descanso Gardens
Beautiful Every Season ...
Look throughout the magazine for other beautiful plants and flowers from Descanso Gardens
February 2007
7
FEBRUARY Calendar
DATE
EVENT
TIME & LOCATION
CONTACT
1
GLA ALA
Board of Directors Meeting
5:30 PM to 8:30 PM
Beverly Hills Country Club
3084 Motor Avenue (at Manning),
Los Angeles, CA 90064
Wendy Sweet
[email protected]
213-630-8232
8
CLM Study Group
Accounting and Financial
Management
Speaker: Mike Palmer
6:00 PM to 8:30 PM
City National Bank
555 S Flower Street, 18th Floor
Janet Krause
[email protected]
310-712-6474
GLA ALA
2007 Annual Meeting
13
“Living Right Side Up in an
Upside Down World”
The Importance of Integrity in
Today’s Workplace
Guest Speaker: David W. Thomas
11:30 AM to 1:30 PM
Omni Hotel
251 S. Olive Street
Ken Sweet
[email protected]
213-417-5366
RSVP by February 7, 2007
ALA Teleseminar
14
15
15
Can the Internet Really Provide Free
Long Distance Calling — For Firms
of Any Size?
Program Time:
11:00 AM to 1:00 PM
http://www.alanet.org
GLA ALA
Small Firm Section Meeting
12:00 PM to 1:30 PM
TBD
Jean Jewell
[email protected]
310-712-6167
Magazine Articles and Ad Deadline for March Issue
20
GLA ALA
Multi Office Section Meeting
12:00 PM to 1:30 PM
McDermott Will & Emery
2049 Century Park East, Suite 3400
Murray Heltzer
[email protected]
310-551-9373
22
CLM Study Group
Legal Industry Insurance
Knowledge
Speaker: Kelley Milks, Ahern Ins.
6:00 PM to 8:30 PM
City National Bank
Janet Krause
[email protected]
310-712-6474
24
Legal Profitability
Learning Workshop
8:30 AM to 4:00 PM
City National Bank
Mary McDonnell
[email protected]
818-955-6228
FOR MORE INFORMATION ON THESE AND FUTURE EVENTS SEE WWW.GLAALA.ORG AND WWW.ALANET.ORG
The 2007 Education
Conference
You Can’t Miss! - April 30 - May3
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8
February 2007
REGISTER Today!
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simulates a law practice and which enables you to:
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You will be the first Legal Administrators in the Los Angeles Area to learn
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9
MANAGEMENT SKILLS
and Personal Characteristics Possessed
C
aught between the tensions of (1) delivering quality
After discussing this question with numerous managing part-
legal services in a timely manner at fees that clients
ners during the author’s thirty-one years’ experience as a manage-
are willing and able to pay, (2) rising costs of operat-
ment consultant to law offices, several inescapable conclusions
ing law offices, (3) acquiring and implementing expensive auto-
which contribute to the long-term success of certain adminis-
mated systems to enhance productivity of the lawyers and their
trators are readily apparent. Managing partners are in complete
support staffs, and (4) coping with the competitive shifts in the
agreement that the more successful administrators understand
marketplace, lawyer management (managing partners and mem-
their role, authority and responsibility, vis-á-vis the partners’ ex-
bers of executive committees) in the more enlightened firms of all
pectations. They understand the firm’s current and evolving cul-
sizes and specialties have become sensitized to three facts of life
ture (or cultures), and are capable of integrating their behavior
about their roles in firm management. First, partners in most firms
with it (them). The more successful administrators possess the
lack the desire and skills to manage effectively, efficiently and
capability of acclimating their management styles to complement
profitably. Second, they must devote more of their time, effort and
and supplement the formal and informal organizational relation-
energy to establish and implement policies and to communicate
ships between the partners, associates and support staffs about
with other lawyers about issues and decisions to insure the firms’
those issues which influence the substantive and business sides
continued professional, economic, organizational success. Third,
of their practices. Further, the more successful administrators
managing partners and members of executive committees recog-
possess those intuitive personal characteristics and learned pro-
nize the value of employing professional law firm administrators to
fessional/technical skills that enable them to perform their roles
bring to their firms a higher level of acumen about financial analy-
to satisfy the partners’ objectives and expectations. This being
ses and management reporting, human resources management,
said, an administrator’s ability to successfully implement these
technological and organizational skills to better manage their law
conclusions, over an extended period of time, is as challenging
firms as professional business organizations.
as the most sophisticated legal problem a client may retain the
To the extent that administrators bring particular management
firm to resolve.
insights and business training to law firms, what, then, are the
An administrator’s success with a given law firm will have a
personal characteristics and the professional skills that certain
direct correlation to his or her level of acceptance by the partners,
administrators possess, that other’s don’t, that make the former
organizationally and personally. And this level of acceptance will
“almost” irreplaceable?
vary over time, depending upon the firm’s evolving leadership,
financial position and changing client base. The firm’s present
and evolving culture will determine the value that the managing
partner and members of executive committees place on their administrator. To the extent a firm is entrepreneurial in nature, and
its partners display a sense of urgency when addressing client
matters, the latter may expect their administrator to react in a
similar manner when dealing with firm priorities. An administrator
whose personal style may be characterized by partners as “too
laid back” (or “laid out,” as described by one managing partner)
may be inappropriate for that firm. Similarly, an administrator with
a “Type A” personality may not succeed in a firm characterized by
partners as “low key” or “more laid back than most.”
In today’s highly competitive practice environment, partners
place a much higher value on those administrators who underr
(continued on page 32)
10
February 2007
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February 2007
11
A LAWYER’S Dozen
1. Number of Attorneys
This is an obvious part of the equation for any space plan. The
designer needs to know where the firm is today and where they
expect to be in a few years. Are they stable or growing? Are they
W
hat can an architect hired to design a law off
adding to the firm’s headcount in this location or in other cities?
fice accomplish with just a 30-minute phone
conversation and a three-hour vision session?
2. Target Rentable Square Footage Per Attorney
Louis Schump, a senior designer in HOK’s San F
Francisco off-
A firm’s target rentable square footage (RSF) per attorney is
fice who has designed 25 projects for a dozen different law
the greatest indicator of how aggressive it wants to be in driving
firms, says that’s all he needs to jumpstart the design. Here
H
down overhead costs and how economical the space plan needs
he reveals his shortcut to success.
to be.
Law firms all have distinct cultures and goals for their work
Much depends on the specific practice groups and region of
environments. Even so, the space they occupy is based on com-
the country. Litigation-based firms, for example — which require
mon needs and built on a foundation of widely accepted industry
continuous access to support services, paralegals, secretaries,
standards.
and project rooms — will need more RSF than corporate prac-
Much like the actual practice of law, the design of office space
tices with fluctuating workloads.
for law firms is ruled by precedent. Lawyers are comfortable with
The tightest plan I’ve created for one corporate firm was 600
established design solutions that have succeeded in the past —
RSF per attorney. At the other end of the spectrum, one litigation
and with architectural firms that have “done it before.”
firm required more than 1,000 RSF per attorney.
Lawyers also thrive on logic and consistency. They value a
firm that can satisfy their unique requirements by using a consis-
3. Private Office Size(s)
tent design process that relies on a quantitative decision-making
A firm’s standard private office size or sizes will determine the
guide.
number of attorneys that can be housed at the building perimeter.
After more than 15 years designing relocation and expansion
This number ultimately will determine the weight given to several
projects for law firms throughout the country, I have developed a
other metrics and whether the more aggressive goals are even
methodology that allows designers to easily gather the informa-
achievable. Private office size also can be a huge indicator of the
tion we need to plan this space.
firm’s culture in terms of being traditional or progressive.
The first step is to talk to a law firm’s executive director for
One general trend is that private offices have gotten about 20
about half an hour — either in-person or over the phone — to
percent smaller over the past 15 years. Firms that have two sizes
collect 12 pieces of readily accessible information. Next, the team
often are at about 120 and 180 square feet per office. Firms with
leads a three-hour vision session with a group of the firm’s part-
one size generally are close to 150 square feet.
ners to learn about their culture and business goals for the proj-
While most firms have two standard office sizes, more hierr
ect. That’s all we need to create an accurate space plan and the
archical firms may have up to four standard office sizes to ac-
preliminary design of a typical attorney floor.
commodate junior associates, mid-level associates, partners, and
Certainly the design team will end up tweaking that initial design
senior partners.
to accommodate specific building issues and practice groups. It’s
Firms that agree on a one-size office solution achieve ultimate
also true that attorneys are deliberate decision-makers — espe-
flexibility. One of my clients has a policy that all its offices are the
cially in facility projects. Designers often won’t get sign-off on a
same size and have uniform glass fronts. Every six months, this
seating chart until well after construction is underway. Any space
firm requires a certain number of attorneys and staff members
plan must have plenty of built-in flexibility.
to make a box move. They do this to ensure that groups don’t
Yet the initial plan typically holds up amazingly well through
design and construction. Plucking this low-hanging fruit, frees the
become too insulated, to introduce people to each other, and to
tie everyone into the firm’s culture. It works.
team to spend more time developing an innovative design that
solves the complex challenges presented by each client.
4. Ratio of Associates to Partners
Here are the 12 metrics that combine to give designers the
This ratio, which can be heavily impacted by a firm’s culture
information we need to evaluate different buildings against our
and the practice types housed within the space, can hint at its
clients’ needs and then to begin planning new law office space:
service level.
12
February 2007
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RECORD RETENTION: What To Hold, When To Fold
EEmployee
l
TTax R
Records
d ................................................................... 4 years
Employee Withholding Certificates................................................. 7 years
Financial Statements — Annual (Audited/Reviewed) ................Permanent
Financial Statements — Internal .....................................................1 year
T
here’s no doubt: Solid document retention policies
(until completion of audit/review)
(DRPs) offer real benefits for you and your clients. They
General Journal ............................................................................. 4 years
impose order and force you to clean up what can literr
General Ledger.............................................................................. 4 years
ally be rooms full of documents. They preserve storage space on
K-1s
...................................................................................Permanent
the network and on user’s desktops, optimizing network perforr
Payables Records (Invoices, Approvals, Checks, Etc.) .................... 4 years
mance. And they lessen the chance of having documents used
Petty Cash ......................................................................................1 year
against the company in lawsuits. In the end, all of this organization
Reimbursable Expense Records..................................................... 4 years
can result in limiting the scope of discovery and reducing time
Tax Bills & Records........................................................................ 4 years
and costs.
Tax Returns ..............................................................................Permanent
But be forewarned: There is no one-size-fits-all document retention policy. However, the basics are fairly straightforward.
Benefits
Non-personnel benefit-related files ............................................... 5 years
1) If you are governed by federal/state law or regulations,
Personnel benefit-related files ............................ 5 years from termination
follow them. If federal and state requirements conflict,
follow the more stringent requirements.
Legal Recruiting
Resumes ...........................................................................1 calendar year
2) If you are governed by internal bylaws, other mandatory
procedures or industry standards, abide by them.
Offers and Rejections ........................................................1 calendar year
Evaluations........................................................................1 calendar year
Reports ............................................................................1 calendar year
3) If you are on your own after following rules 1 and 2,
assume all documents in your possession — paper and
Management Reports
electronic — will be the subject of a lawsuit somewhere
Annual Hours By Matter ....................................................1 calendar year
down the line and act accordingly.
Annual Inventory Reports ..................................................1 calendar year
Associate Compensation Reports and Records .............................. 5 years
Sample Law Firm Retention And Disposal Schedule
Billing Rate Records ...................................................................... 3 years
Again, an effective DRP must be tailored to your firm’s unique
Conference Room Schedules ........................................................ 30 days
needs. But, as a general example, consider the following sug-
COMPART Reports and Records..................................................... 5 years
gested retention periods:
Manuals and Instructions......................................................While current
Monthly Financial Reports..................................................1 calendar year
Accounting
Monthly Hours By Matter .............................................. Upon replacement
Audit Trails & Other Internal Audit Records .................................... 45 days
Monthly Inventory Reports ............................................ Upon replacement
Bank Deposits .............................................................................. 4 years
Partner Contribution Reports.......................................................... 5 years
Bank Statements........................................................................... 4 years
Quarterly Financial Performance Reports ....................................... 5 years
Billing Memoranda Maintained
Telephone Message Pads ............................................................. 30 days
in Accounting ....................................... Earlier of payment or 90 days
Payroll
Billing Memoranda Copies Maintained by
Billing Partners and Billing Assistants ....................................1 Month
Cash Receipts/Bank Deposits ........................................................ 4 years
Individual Client/Firm Time Records
Maintained by Timekeepers...................................................1 month
Checks, Canceled and Paid............................................................ 4 years
Client Invoices ............................................................................... 4 years
Personnel
Client Ledger Cards ..................................................................Permanent
Attendance & Time Records........................................................... 4 years
Depreciation Schedule................................................................... 7 years
Education & Training Records ............................... 1 year after termination
Employee Invoice Journal .............................................................. 4 years
Employee Policy Statements........................ Upon revision or replacement
14
February 2007
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15
WHAT’S A LITTLE PROFANITY Among Friends?
because of ... sex.’” Indeed, “[w]hile the FEHA prohibits harassing
conduct that creates a work environment that is hostile or abusive
on the basis of sex, it does not outlaw sexually coarse and vulgar
language that merely offends.”
I
n an opinion that could make the famed sex scholar Alfred
Moreover, the court reasoned, the conduct alleged by the plain-
Charles Kinsey blush, the California Supreme Court in Lyle
tiff did not amount to severe or pervasive conduct that altered the
v. Warner Bros. Tel. Prods., Cal. LEXIS 4719 (2006), has
terms or conditions of her employment. (Indeed, she brought the
declared that lewd, off-color, or even blatantly explicit jokes in the
suit only after she was fired for performance reasons.) Whether an
workplace do not necessarily constitute sexual harassment under
environment is abusive or hostile is determined by the totality of
California’s Fair Employment and Housing Act (“FEHA”). Rather,
the circumstances, including frequency, severity, and, yes, some-
and as with most things in life, context is key.
times the context in which the comments are made or the nature
In Lyle, a female assistant to the writers on the wildly popular
of the work environment. In those cases where the complaining
television series Friends filed suit against the show’s producers
employee is not a direct target of the harassing conduct (as was
and three male comedy writers, alleging that the writers’ use of
the case here), the burden of showing that the harassing conduct
sexually coarse and vulgar language and conduct constituted
altered the terms of employment is even greater.
harassment based on sex within the meaning of FEHA. The
In Lyle, there was absolutely no evidence that the vulgar lan-
Friends series, which revolved around a group of six attractive
guage was directed at the plaintiff personally. Perhaps more im-
and sexually active adults, often tackled adult-oriented sexual
portantly, the conduct and language that was perceivably deroga-
humor to appeal to its massive audience. In order to facilitate the
tory to women in general was a known part of the show’s creative
creative process, the show’s writers and staff relied heavily on
process which had been disclosed to the plaintiff at the time she
exchanging their own personal, sexual “war stories.” In the name
was hired. For the court, “[t]hat the writers commonly engaged in
of art and creativity, the male writers discussed personal sexual
discussions of personal sexual experiences and preferences and
conquests and escapades, their love for young, buxom cheerr
used physical gesturing while brainstorming and generating script
leaders, and the need to, well, pleasure themselves.
ideas for this particular show was neither surprising nor unreason-
Despite the defendants’ not-so-gentlemanly behavior during
able from a creative standpoint.”
the script-writing process, the plaintiff admitted that none of the
In sum, while the Lyle decision is unlikely to be heralded as
named defendants nor any other employee of the Friends produc-
ground-breaking in the world of sexual harassment litigation, it
tion, ever said anything sexually offensive about her directly to
does serve to reaffirm a very real cautionary tale: employers and
her, nor had she ever been sexually propositioned or threatened
employees alike must remember that context is key. Plaintiff knew
physically. Plaintiff was terminated four months after her hire be-
at the time she applied for the job of the sexually charged nature
cause of problems with her typing and transcription.
of the environment in which she was to be working. Moreover,
The question presented to the Supreme Court was whether
apart from the fact that the court was not totally convinced that
defendants’ pervasive use of sexually coarse and vile language
plaintiff herself was utterly offended by the naughty banter be-
in the workplace was sufficient to expose defendants to liability
tween her co-workers, plaintiff herself admitted that the banter
for sexual harassment under FEHA and, if so, whether the imposi-
was not directed at her or meant to offend or denigrate her.
tion of liability under FEHA would infringe on defendants’ consti-
Of course, if the crude conversations in Lyle had occurred in
tutional rights of free speech (i.e., First Amendment). Ultimately,
the vast majority of offices throughout the United States, a result
the court ruled that defendants’ conduct was not a violation of
similar to the holding in Lyle would be unlikely. Whether you agree
FEHA, and thus the issue of free speech was not addressed in
or disagree, sometimes the “creative process” carries with it a
the majority opinion, though the concurring opinion allotted eight
badge of protection.
pages to it.
The court’s rationale in reaching its holding was two-fold. First,
the court held that the use of sexual language, standing alone,
Are You Prepared?
•
does not violate FEHA’s prohibition against harassment because of sex. Rather, a “plaintiff in a sexual harassment suit must
written sexual harassment policy.
•
show ‘the conduct at issue was not merely tinged with offensive
sexual connotations, but actually constituted discrimina[tion] ...
You must promulgate and enforce a strongly worded
You must offer and require participation in periodic sexual
harassment training.
•
You must document an employee’s performance problems
16
February 2007
Solution #37
Outstanding Service (with a Smile)
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ZZZXQLWHGGRFVWRUDJHFRP
:H3URYLGH6ROXWLRQVWR\RXDQG\RXU/DZ)LUP
&DOO7RGD\IRUD)UHH5HFRUGV0DQDJHPHQW$VVHVVPHQW
My Managing Partner
just walked into my office…
and needs:
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It couldn’t be easier!
February 2007
17
LEGAL INDUSTRY News — HILDEBRANDT Headlines
2006 Highlights — Updated
also dropped to the lowest level in nine years, according to the
The following is a summary of selected events reported in Hil-
annual PricewaterhouseCoopers securities litigation survey. The
debrandt Headlines during 2006. Please note that this is not a com-
study counted a total of 168 cases filed in 2005, representing a
prehensive listing of all legal events in 2006.
17% decline from the 203 cases filed in 2004. The figure is slightly
below the 10-year average of 188 cases.
Excluding the multibillion-dollar settlements of Enron and World-
International Offices
For the third year in a row, there were more office openings in
Com, private securities litigation settlement values nationwide rose
China than in any other foreign country. Hildebrandt Headlines re-
to an average of $71.1 million from $27.8 million in 2004, an in-
ported a total of 22 law firm office openings in China during 2006,
crease of more than 156%. In 2005, 29 cases settled for over $20
including 9 in Hong Kong, 7 in Beijing, and 6 in Shanghai.
million: 20 of those cases settled for more than $60 million; 11 were
Many law firms also opened offices in Europe during 2006.
“mega-settlements” of more than $100 million.
There were 5 office openings reported in Germany (3 in Frankfurt), 2
Sarbanes-Oxley
in Belgium, 2 in France, and 2 in Spain.
Hil-
Due to the costs of complying with Sarbanes-Oxley require-
debrandt Headlines reported 4 law firm office openings in Dubai
ments, an increasing number of companies around the world opted
in 2006.
to list themselves on foreign stock exchanges rather than on the
There was also increased interest in the Middle East.
Nasdaq. In 2005, 19 US-based companies went public on the LonPatents
don Stock Exchange’s Alternative Investment Market (AIM), raising
The United States Patent and Trademark Office issued patent
$2.1 billion. The AIM also attracted tech companies from Australia,
No. 7 million in February 2006. It took 75 years to get from patent
No. 1 to 1 million, but it only six years to go from 6 million to 7 mil-
China, India, Israel, and Russia.
According to Foley & Lardner’s annual study, The Cost of Being
Public in the Era of Sarbanes-Oxley, the cost associated with corr
lion patents.
The number of US patent applications to China reached 20,395
porate governance reform dropped 16% for companies with under
in 2005, a 30% increase from the previous year. The US ranks sec-
$1 billion in annual revenue and 6% for companies with over $1
ond in the number of patent applications by foreign businesses to
billion in 2005. However, these decreases were offset by increases
China and Japan ranks first.
in audit fees, D&O insurance, and board compensation. Small com-
For the twelfth year in a row, University of California topped the
panies have been disproportionately impacted, with S&P small-cap
list of US universities receiving the most patents. The UC received
companies experiencing a 22% increase in audit fees in 2005, com-
390 patents in 2005, while Massachusetts Institute of Technology
pared with 6% for S&P mid-cap, and 4% for S&P 500 companies.
received 136 patents, and the California Institute of Technology reDiversity
ceived 101 patents.
The top US patent firm in 2005, based on the number of util-
According to The Minority Law Journal’s Diversity Scorecard ,
ity patents filed, was Alexandria, VA-based Oblon Spivak McClel-
the overall percentage of ethnic minorities in the 240 largest US
land Maier & Neustadt, with 3,001 patents. Other leaders included
law firms grew slightly to 11.4% in 2006, from 10.4% in 2005 and
Washington, DC-based Sughrue Mion (2,741 patents) and Falls
10.2% in 2004. The percentage of minority partners, however, is
Church, VA firm Birch Stewart Kolasch & Birch (2,104 patents). The
only 5%, compared with 4.7% the year before. The individual law
top 300 firms were ranked by Intellectual Property Today.
firm with the highest percentage of minority attorneys (23%) was
Paul Weiss Rifkind Wharton & Garrison. Wilson Sonsini Goodrich
Securities
& Rosati has the highest percentage of minority partners (17.6%),
Reflecting a trend that began in 2005, the number of securities
and Greenberg Traurig reported the highest total number of minority
fraud class actions filed for the first half of 2006 was at the lowest
partners (57).
level for any six-month period in a decade, according to a report
Five American corporations have undertaken an initiative to in-
by Stanford Law School Securities Class Action Clearinghouse and
crease inclusion of minority-owned law firms among the law firms that
Cornerstone Research. The number of securities fraud class action
perform their legal work. DuPont, General Motors, Sara Lee, Shell
suits filed in 2005 dropped to 176, from 213 filed in 2004, nearly
Oil, and Walmart made a public pledge to place an aggregate of at
10% below the 1996-2004 average of 195.
least $16 million of business with minority-owned law firms in 2006.
The number of private securities litigation cases filed in 2005
According to a new report, “Visible Invisibility: Women of Color in
18
February 2007
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February 2007
19
HR Challenges
depends
d
d on the
h llanguage off the
h written
i
productivity
d i i b
bonus policy.
li
If it is determined that a recalculation of regular and overtime rates
for 2006 are required, it may not be necessary to pay the higher
rate for the entire year. If the written bonus plan creates specific
F
ive months ago, we hired an associate from San Fran-
conditions prerequisite to earning the bonus, it would appear that
cisco. Although he seems to be doing a good job, we
a higher regular and overtime rate would apply ONLY from the
no longer have enough business in that department to
date(s) those conditions were met. If the level of productivity bo-
keep him busy due to the departure of one of our partners. We
nus is tiered there may have to be more than one rate recalcula-
need to let this newest associate go. Since he sold his condo to
tion for the employee. In certain industries where commission
move to Los Angeles because of our job offer, are we required to
or piece work are a regular portion of employee compensation,
give him some type of severance upon termination?
regular rate and overtime rates may require recalculation on a
weekly basis.
Severance pay is not required by law. Most employee hand-
Although many law firms have replaced historic longevity
books address the issue, but some employers may inadvertently
bonus programs, those firms whose current bonus policies of-
set precedents by paying or varying the amount of termination
fer specific year-end bonus amounts, may want to review their
pay on a case by case basis.
method of calculating regular and overtime rates of pay.
The real issue in this question may be whether anything was
said in the interview process implying long term employment and
For prompt response:
thus inducing this associate to leave his job, sell his home and
E-mail HR questions to [email protected] or call
move from San Francisco to Los Angeles. Even though the asso-
310-480-3774.
ciate, on beginning employment, may have received a handbook
stating the firm’s at-will policy, was the associate provided an of-
The author is not engaged in rendering legal, financial or tax
fer letter containing the at-will policy before employment? Did
counseling through this publication. No statement in this article
the associate complete an employment application containing the
should be interpreted as legal, financial or tax advice.
at-will language prior to accepting the offer?
Labor counsel should be consulted prior to beginning the terr
mination process with this associate.
We have a policy that provides paralegals a year-end bonus
based on the number of billable hours they complete. In 2006,
one of our paralegals received a five figure bonus based on a
heavy case load that resulted in many overtime hours and an exceptional large number of billable hours. She has asked us to
recalculate her overtime rate of pay for 2006 based on her salary
plus the bonus she received in December. Is she correct that
straight time rate should be determined by a combination of salary
plus bonus?
The regular or straight time rate of pay must include all forms
of pay including salary, piece work, commission, production bonuses and value of meals and lodging. Certain sums paid to employees such as expense reimbursements, gifts, overtime, profit
sharing or other ERISA plan employer payments, and DISCRETIONARY bonuses. Discretionary bonuses are those where the
bonus amount if any is determined by the employer at or near the
end of the period.
Whether or not the paralegal is due additional overtime pay
20
February 2007
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MEMBERSHIP Information
Managing The Business Affairs
Of Today’s Law Firm
Requires Special Expertise.
Among Other Things,
T
The Professional Administrator Must Deal With Fast-paced Technological Changes,
Management Trends That Contradict Age-old Practices,
And Fundamental Changes In The Way The Practice Of Law Is Structured And Conducted.
For Immediate Solutions To The Challenges You Face Day After Day,
Y Need The
You
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Join ALA Today!
22
February 2007
Special Offer!
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Take advantage of this great offer and let us help make you a superstar!
*Applicants must be a member of ALA
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February 2007
23
2006-2007 Board of Directors
President
Wendy Sweet, CLM
W
President-E
Elect
Michelle
l Lifffman, PHR
Jackson Lewis LLP
213-630-8232
[email protected]
O’Melveny & M
Myers LLP
213-430-8353
3
[email protected]
Manning & Marder, Kass,
Ellrod, Ramirez LLP
213-624-6900
[email protected]
Immediate
Past-President
Brian Robbins, CLM
Secretary
Shaun Morrrison
Treasurer
T
T
Terri
W
Wind
Hunt, Ortmann, Blasco,
Palffy & Rossell, Inc.
626-440-5200
[email protected]
Allen Matkins Leck Gamble &
Mallory LLP
310-788-2400
0
[email protected]
Freeman, Freeman &
Smiley, LLP
310-255-6111
[email protected]
Magazine Editor
Debbie Mogren
Education — Chair
Mary McDo
onnell
Education — Vice Chair
Martha Bernard
Quinn Emanuel Urquhart
Oliver & Hedges, LLP
213-443-3831
[email protected]
Entertainmentt Partners
Legal Coordin
nator
818-955-6228
8
[email protected]
Allen Matkins Leck Gamble
& Mallory LLP
213-955-5554
[email protected]
Seminars Co-Chair
Valeda Merc
rcier
Seminars Co-Chair
Rosanne Caruana
Knott Glazier LLP
213-312-9200
0 ext. 121
[email protected]
Troy & Gould PC
310-789-1280
[email protected]
Seminars Co-Chair
T ya M. Russell
Tany
Tyre Kamins Katz Granof
& Menes
310-553-6822
[email protected]
24
Vice President
& IT Section Chair
Robert
r F
F. Santos
Finance Section
G. W
Wayne Mitchell
Programs Co-Chair
Viviane A. Abraham
Programs Co-Chair
K Robins
Kim
son
Miller Barondess, LLP
310-552-5264
[email protected]
Morrison & Fo
oerster LLP
213-892-5661
1
[email protected]
Weston Benshoof Rochefort
Rubalcava & MacCuish LLP
213-576-1159
[email protected]
CLM Program Co-Chair
Janet I.
I Krause,
K
CLM
CLM Progra
am Co-Chair
Janan Pitta
a, CLM
Multi-Office Section
Murray Heltzer
H
Goodwin Procter LLP
310-788-5119
[email protected]
McGuireWood
ds LLP
310-315-8215
5
jpitta@mcguire
ewoods.com
McDermott, Will & Emery LLP
310-551-9373
[email protected]
Ventura County/
Santa Barbara Section
LauraRose Tibbin
T
Web Master
Chris Kochh
heim
Rogers, Sheffield &
Campbell, LLP
805-963-9721
ltibbin@rogerssheffield.com
Wood Smith H
Henning
& Berman LLP
P
310-481-7667
7
ckochheim@w
wshblaw.com
San Fernando Valley
Section
Carolin
i Eiliya
E
February 2007
Inland Empire Section
Patsy Hinojosa
H
Hospitality Co-Chair
E
Ernie
Casas
s
Hospitality Co-Chair
Ken Sweet
K
Best Best & Krieger, LLP
909-989-8584
[email protected]
Irell & Manella
a LLP
310-203-7528
8
[email protected]
com
Morris Polich & Purdy LLP
213-417-5366
[email protected]
Human Res
sources
Section Co-Chair
L
Lydia
Taverra
Chapter Historian
W. James Van Dusen, CLM
W
Hill Farrer & B
Burrill LLP
213-621-0862
2
[email protected]
Gursey, Schneider & Co. LLP
310-552-0960
[email protected]
Vendor Liaison Co-Chair
Elaine Van Rensburg
E
Vendor Liais
son Co-Chair
Joanne Stilllwagon
Vendor Liaison Co-Chair
Patricia Allen
Shea Stokes & Carter
310-826-0133
[email protected]
Andrews Kurth
h, LLP
213-896-3110
0
jstillwagon@and
drewskurth.com
Atkins & Evans
323-933-4100
[email protected]
Membership Co-Chair
Maureen Varnes, CLM
Membershiip Co-Chair
E
Erin
W
Walsh
Rodi, Pollock, Pettker,
Galbraith & Cahill ALC
213-895-4900
[email protected]
Dickstein Sha
apiro Morin &
Oshinsky, LLP
P
310-441-8467
7
walshE@dsmo
o.com
Human Resources
Section Co-Chair
K ly C. McGehee
Kell
Reish Luftman Reicher
& Cohen
310-500-4254
[email protected]
Membership Co-Chair
Sawsan Sharif
Community
y Relations
Luci Hamiltton
City National Bank,
Legal Services Division
310-888-6244
[email protected]
Corporate / Government
Section Co-Chair
Bella Serrano
310-629-0206
6
lucinesse@ya
ahoo.com
Not
Pictured
Department of Justice
213-620-6431
[email protected]
Membership Co-Chair
Norma Ayala
A
Gipson Hoffman & Pancione
310-557-8855
[email protected]
Job Referral Services
Janet L. Shaw, CLM
Akerman Senterfitt LLP
213-688-9500
[email protected]
Small Firm Section
Jean Jewell,
l CLM
White O’Conn
nor Curry
& Avanzado LLP
310-712-6167
7
jjewell@whiteo
o.com
REGION 6 Officers
Region 6 Director
Jeannie CaBell
Dorsey & Whitney, LLP
949-932-3687
[email protected]
February 2007
Region 6
Projects Officer
Mark Verbecken
Jeffer, Mangels, Butler
& Marmaro LLP
310-201-3565
[email protected]
egion 6
Communications Office
Deborah Piker Sanders
Rehon & Roberts, APC
408-494-0900
[email protected]
Region 6
Education Officer
Anne M. Burcell
Morrison & Foerster, LLP
415-268-6188
[email protected]
25
2007 Labor Law Conference
O
ver 140 members and more than 40 vendors participated in our
Chapter’s Annual Labor Law Update Seminar held on January 27,
2007, at the Beverly Hills Hotel. Jackson Lewis attorneys, Mia Farr
ber and Chad Bernard, provided pertinent information about workplace laws affecting employers in the State of California. The information included case laws
that have or will be put into effect, a description of additional cases currently
pending before the courts, and details of legislative developments, including bills
and ordinances that have been or will soon be put into effect. Please see the
March issue of Leadership Exchange for a detailed recap of the seminar.
Left: Chapter President Wendy Sweet with Seakers Chad Bernard and Mia Farber
26
February 2007
Thank You To All of the Sponsoring Vendors that Supported The 2007 Labor Law Conference
ADAMS & MARTIN GROUP
CARM CONSULTING, INC.
AFINETY INC.
CITY NATIONAL BANK
AHERN INSURANCE BROKERAGE
CMS COMMUNICATIONS, INC.
ALL-STATE LEGAL
DAVIDSON LEGAL STAFFING
ALLSTEEL / CORPORATE EXPRESS BUSINESS INTERIORS
EGLOFF INSURANCE AGENCY, INC.
BERBAY CORP.
ENCORE LEGAL SOLUTIONS
FIRST LEGAL SUPPORT SERVICES
KASTLE SYSTEMS
GRG WIRELESS
February 2007
LEGAL OPTION GROUP, LLC
HUMANSCALE
MATURA FARRINGTON STAFFING SERVICES
HUTCHINGS COURT REPORTERS, LLC
MERRILL CORPORATION
INNOVATIVE COMPUTING SYSTEMS
NARVER ASSOCIATES, INC., INSURANCE AGENCY
JURIS, INC.
OCÉ BUSINESS SERVICES, INC.
OWNER’S PASS
RHUMBLINE LEGAL SOLUTIONS
OVERNITE EXPRESS
ROBERT HALF LEGAL
PERFECTLAW SOFTWARE
SARNOFF COURT REPORTERS AND
PITNEY BOWES LEGAL SOLUTIONS
SPECIAL COUNSEL
PROVIDUS
STEUBER CORPORATION
ALTA OFFICE SERVICES
R.B. ZACK & ASSOCIATES, INC.
SYSTEMATIC OFFICE SUPPLY
USI OF SO. CAL INSURANCE SERVICES, INC.
THE AGENCY LEGAL STAFFING
VENDOR DIRECT SOLUTIONS
THE BARR CONNECTION
WORLDWIDE REPROGRAPHICS, INC.
THE SCHEFFEY GROUP
TIME MACHINE NETWORK, INC.
UNITED DOCUMENT STORAGE, LLC
27
MEMBER Information
“Look for your 2007 GLA ALA Membership
Renewal Packet in the mail! Due Jan 31st!”
GLA ALA
CLM Study Group
INTERESTED IN STUDYING FOR THE
CLM EXA
X M SCHEDULED FOR
APRIL 29, 2007 IN LAS VEGAS?
Study Group Sessions In Progress
Contact the following CLM Section Chairs:
Janet Krause — [email protected]
Janan Pitta — [email protected]
28
February 2007
NEW MEMBERS & Member Updates
New Members
Member Changes
Susan Taigman
T
Linda Rosensweig
Suzanne Shanahan
Administrator
Legal Administrator
New Firm
Levy, Small & Lallas
Steptoe & Johnson LLP
Pond North LLP
815 Moraga Drive
2121 Ave. of The Stars,
350 South Grand Avenue,
Suite 900
Suite 2850
mail to:
853 N. Larrabee St.
Los Angeles, California 90067
Work: 310-734-3141
Work: 213-617-6177
West Hollywood, CA 90069
Fax:
Fax:
310-734-3142
Work: 310-440-5317
Fax:
213-623-3594
[email protected]
310-659-7726
Home: 310-657-3678
[email protected]
Help Us Keep In Touch with You and Others!
Please let us know if you or another
member has moved or changed firms.
SECTION Reports
Small Firm Section
Seventeen administrators participated in a teleseminar offered by
the Institute of Management & Administration (“IOMA”) regarding the
new Employer Information Report (“EEO-1”) reporting requirements
for 2007 at the Small Firm Section meeting held on December 7,
2006. Maureen Varnes graciously arranged the details of the meeting and Rodi Pollock Pettker Galbraith & Cahill, A Law Corporation,
The teleseminar gave an overview of the new requirements, the
first changes in about forty years, and delved into the mechanics of
how to comply with those new requirements. Specifics regarding
the new EEO-1 deadlines, definitions, documents and forms were
discussed at length. In particular, many questions were asked and
answered about the proper classification of workers and the new categories of workers. Attendees were also given a glimpse into the
rationale behind the new requirements and why these changes will
result in a more accurate snapshot of the composition of our chang-
February 2007
February 15, 2007 at a Westside location. We will be conducting
a roundtable/workshop to develop and practice scripts for various
situations.
Multi-Office Section
Next Multi-Office Section meeting is Tuesday, February 20, 2007
at 12 noon! The meetings generally cover the gamut of subjects.
graciously hosted the meeting.
ing workforce.
The next Small Firm Section meeting will be held at noon on
What are the advantages and disadvantages of working in a multioffice law firm environment? How do we deal with the different time
zones? How can you feel as if you really make a difference if you are
not in the “main office” vs. how do you make sure your “outer offices”
feel a part of the law firm. All these and more are covered when the
Multi-Office Section meets. Bring your ideas, frustrations, and winning suggestions to McDermott Will & Emery in Century City on Feb.
20th and enjoy the conversation, free lunch and free parking. If you
have any questions about the Multi-Office Section, please contact
Murray E. Heltzer at 310.551.9373 or [email protected].
29
BRAIN Teaser
SUDUKO
Use your logic to find the correct number for each square. When finished, all nine rows across, all nine
columns down and all nine 3-by-3 boxes must contain all nine numbers, 1 through 9, with no repeats.
(Some numbers already appear in their proper place to give you a head start.)
2
3
7
8
6
6
7
4
2
2
9
5
4
1
1
7
9
1
7
9
7
2
8
4
8
1
Answer on page 43
30
February 2007
Deedgijcîn
I]Z'%%,:YjXVi^dcVa8dc[ZgZcXZNdj8VcÉiB^hh#
9OUVEJUSTGOTTOBEATTHEONEANDONLYINTERNATIONAL#ONFERENCE
DEDICATEDTOLEGALMANAGEMENTPROFESSIONALSWORLDWIDE!,!S
!NNUAL%DUCATIONAL#ONFERENCEAND%XPOSITIONISPACKEDWITH
OPPORTUNITIESFORYOURPROFESSIONALDEVELOPMENTANDPERSONALGROWTH
!DDITTOYOURCALENDAR./7
TOJOIN!,!ATTHEWORLDCLASS
-ANDALAY"AY2ESORTIN,AS6EGAS
!PRILn-AY
&ORTHEMOSTUPTODATE
#ONFERENCEINFORMATIONVISIT
WWWALANETORGCONFERENCEOR
CALL!,!AT
-ORE%DUCATIONTHANEVERn)NDUSTRYRESPECTEDSPEAKERSGIVE
YOUINNOVATIVEIDEASANDFRESHPERSPECTIVES.EWSESSIONSFOCUS
SPECIlCALLYONTHEBIGGESTCHALLENGESANDHOTTESTISSUESYOURE
FACINGTODAY
3PECIAL%VENTSAND.ETWORKING/PPORTUNITIESn4HELEARNINGNEVER
STOPS%NJOYUNIQUEEVENTSWHEREYOUCANRELAXANDGETTOGETHERWITH
YOURCOLLEAGUES
$ISCOVERTHESOLUTIONSANDSERVICESYOURLEGALORGANIZATIONNEEDSTO
ENSURECONTINUEDSUCCESSTODAYANDINTHEFUTUREATTHEINDUSTRYS
LARGEST%XPOSITION
February 2007
31
MANAGEMENT SKILLS AND PERSONAL CHARACTERISTICS POSSESSED
(continued from page 10)
stand, and are able to relate to the firms’ immediate and longer
and communicate the results of their work, rather than seeking
term priorities. Partners want their administrators to have the ca-
advice about how to do it.
pacity to successfully synthesize the attorneys, support staffs,
The author’s management consulting firm has been retained
the firm’s technology and facilities into a well organized and ef-
by law firms across the country to recruit replacement adminis-
fectively and efficiently managed operation. They seek to retain
trators who have resigned to pursue other opportunities within
those administrators who perceive the firm from a “partner’s” per-
and outside of the legal profession, and to replace administra-
spective, not from an “employees’ point of view.” Partners’ value
tors who have been terminated. By implementing appropriate
those administrators who are innovative and willing to question
recruiting techniques, over time, replacement administrators
the status quo, so as to suggest alternative approaches, within
will contribute significantly to improving the firm’s management
their firm’s culture, for enhancing productivity and profitability,
processes. Regardless of how effectively partners’ believe their
on the substantive as well as the business sides of the practice.
firms’ are being managed, it is the author’s opinion that a certain
Partners value those administrators who are proactive and who
amount of change is beneficial for any organization. Hence, not-
network with administrators in other law firms, comparable in size
withstanding that partners would prefer not to have to replace
and type to theirs and larger. Partners are anxious to learn about
an administrator, especially if the incumbent is perceived to be a
those newer methods that have/are being implemented in other
gem, in the event of the departure of a highly valued administrator,
progressively managed law firms which may improve manage-
there is little that partners can do but view the new recruiting ex-
ment concepts, administrative and substantive procedures and
perience philosophically, as an opportunity to upgrade the firm’s
enhance profitability.
management practices, consistent with its longer term needs and
Partners find it difficult to replace those administrators who
priorities.
have the appropriate balance of intelligence and common sense
that enable the latter to communicate effectively with the former,
About The Author: Joel A. Rose & Associates, Inc. is a firm of
and who can weigh the potential benefits to be derived by imple-
management consultants which specializes in law firm manage-
menting policies and procedures which may affect the operations
ment and legal economics. Mr. Rose received a B.S. from New
of the firm and its components, directly or indirectly, in relation to
the tangible and intangible costs incurred by introducing these
concepts.
The more effective administrators make a conscious effort to
relieve partners of managing the numerous day to day admin-
York University and an M.B.A. from the Wharton Graduate School
of Business, University of Pennsylvania. He calls upon 30 years’
experience consulting with private law firms. He performs and directs consulting assignments in law firm management and organization, strategic and financial planning, lawyer compensation,
the feasibility of mergers and acquisitions and marketing of legal
istrative and planning activities which can consume significant
services. He has extensive experience planning and conducting
amounts of lawyer time. Instinctively, they have a special sense
retreats and special expertise resolving problems among and be-
about how and when to communicate with the managing part-
tween lawyers.
ner and members of executive committees about those administrative, accounting, lawyer-support personnel policy issues,
technology issues, facilities and strategic and marketing planning activities that should be brought to the partners’ attention.
Highly valued administrators provide managing partners with
“early warning” signals about anticipated financial and cash flow
problems resulting from billings and collections problems. They
know how and when to recommend to managing partners and
members of executive committees on the cost-effective staffing
and utilization of the firm’s administrative support departments,
and interface with the lawyers and administrative personnel in a
constructive manner. The more desirable administrators can resolve most administrative problems with minimal guidance from
their managing partners or members of executive committees,
32
February 2007
Christine Fisher
CA Insurance License #OE14571
An Independent Agent Representing Aflac
Don’t let an accident or illness compromise your standard
of liv
hose
expenses not covered by your major medical plan.
Tha
hey
10736 Jefferson Blvd., #262 • Culver City, CA 90230
Tel. 310-281-7474 • Fax 310-281-7483
christine_fi[email protected]flac.com
February 2007
33
A LAWYER’S DOZEN
A common ratio of associates to partners is 2:1. Firms that
space we need to include in the plan for accounting, IT, and other
want to leverage their associates might have up to four or five per
support functions. When firms have fewer or more staff members
partner. Others may have clients who demand more of partners
than the norm, this also can indicate their level of commitment in
and thus carry fewer associates: an extreme here would be a ratio
providing attorneys with internal services.
of 1:2 — one associates per for two partners.
A partner-heavy firm will tend to have older employees and to
want space that focuses more on retention than recruiting. They
will want the space to help ensure that partners don’t defect.
Firms with many more associates than partners may want
8. Lineal Feet of Centralized Filing Per Attorney
I prefer to consider both filing and library space as information
storage. Filing, records management, and the library, typically roll
up to the same manager.
the design of their office space to encourage casual interaction
Knowing how many lineal feet of centralized filing per attorney
among generations. If this is the case, the designers need to fo-
we need enables designers to adequately size the filing room or
cus more on the cultural transfer of knowledge from older attor-
rooms. A firm’s need for lineal feet of centralized filing per attorney
neys to their younger colleagues.
may also tell us something about its appetite for more or less aggressive technological solutions.
5. Ratio of Timekeepers to Secretaries
We once designed a ‘knowledge spine’ to house a client’s
The timekeepers are the professionals within a firm who bill
high-density files and library. Instead of one large file room, there
their time to clients. This term typically refers to attorneys and
were a series of smaller rooms on each floor adjacent to the ele-
paralegals.
vators and stair. As the practice group locations were determined
When evaluating buildings or planning an attorney floor, de-
during construction, the design team was able to easily configure
signers need to know how many secretarial stations will be re-
that flexible, high-density shelving to be a records center on one
quired to support the number of private offices. Then we can
floor and a library on the next.
specify the right mix on each floor.
To calculate the number of timekeepers to determine the sec-
9. Lineal Feet of Distributed Filing Per Attorney
retarial ratio, firms will count paralegals as one, three-quarters, or
If designers know the timekeeper-to-secretary ratio and how
half an attorney. Until recently, more aggressive firms aspired to
many file drawers each partner and associate requires near his or
a ratio of 4:1 — four timekeepers for each secretary. Today that
her office, then we can calculate how many file drawers should be
timekeeper-to-secretary ratio has tapered down to 2.5–3:1.
located in the open office space near each secretary.
In addition to affecting space plans, this ratio can indicate how
aggressive the firm wants to be in driving down overhead costs. It
Depending on the specific firm and practice group, there could
be anywhere between 5-20 file drawers per secretary.
also reflects expectations for service and the importance placed
10. Lineal Feet of Library Per Attorney
on secretarial teamwork.
Overall, law libraries are either staying the same size or shrink6. Ratio of Paralegals to Attorneys
ing. Firms are subscribing to more electronic services and rotating
The ratio of paralegals to attorneys indicates how many in-
their library collections more quickly as they send old volumes to
terior offices versus perimeter private offices are needed. While
be archived off-site.
there are exceptions in some patent practices in which senior
Designers still need to use the number of attorneys as a guide
paralegals functioning similarly to junior attorneys may have win-
for properly sizing the library for the initial move-in. Depending on
dow seats, paralegals typically are in interior offices or in work
the practice groups and projected headcount, some aspects of
rooms.
the library collection may need to be increased over time.
Library sizes that are below or above the norm may point to
7. Ratio of Staff to Attorneys
aggressive technology use or avoidance, a bias toward younger
All law firm employees who are not attorneys are considered
or older attorneys, or a changing practice group mix.
staff. Though it can range anywhere from .8–1.5:1, the average
11. Number of Conference Seats Per Attorney
staff-to-attorney ratio we see is 1:1.
This ratio can be greatly influenced by whether the office is a
1:1. On certain days this will end up being not enough or too many
headquarters or branch location.
The staff-to-attorney ratio tells designers how much extra
34
An effective ratio of conference room chairs-to-attorneys is
chairs. But I have found it provides the best balance.
February 2007
Closing Statement
12. Number of Project Rooms Per Paralegal
We typically size project rooms in modules related to the para-
A law firm embarking on an office design project should hire
an architectural firm that its people feel comfortable with. The var-
legals’ interior office size.
If firms are tight on space and want to be aggressive, one solution is to make those project rooms slightly larger than normal and
ious parties are going to be working together closely for a year or
two, so their ability to establish a close relationship is important.
Being comfortable with a design firm means much more than
place the paralegals in the actual project rooms.
In a litigation-heavy firm, the number of project rooms per
paralegal might trigger the need to consider creating a litigation
liking its people. It means respecting them and trusting their judgment to interpret your goals while delivering an effective design.
I once worked with an attorney with a national reputation as an
support floor.
extremely talented, uncompromising litigator. Once, when he misstated something in a presentation, I corrected him and explained
13. Let Creativity Take Over
The extra ingredient that, like a “baker’s dozen,” brings my
why. We went back and forth a few times before he ultimately
“lawyer’s dozen” list to 13 items is the creativity that’s behind all
backed down because I was right. If I had demurred in that situ-
great projects.
ation, he likely would have lost respect for me as a partner. If that
Each of the law offices I’ve designed looks dramatically different. Yet all those plans were based on the same 12 pieces of in-
had happened, I would have struggled for the rest of the project
to get approvals.
formation. Those few hours of upfront information-gathering allow
Designers always need to be honest and direct with our law
architects to focus our time where it is most valuable: Develop-
firm clients. Attorneys can smell someone who is not telling them
ing a highly creative design that satisfies our clients’ cultural and
the entire truth from a mile away.
One aspect of working with attorneys that I truly enjoy is that
business goals for the space.
Knowing those 12 bits of information defines the edges of the
they understand there is an implication — whether it’s on the bud-
problem and sets parameters. But great design involves much
get, schedule, or the design itself — to every decision they make.
more than manipulating space and numbers. With that knowledge
This “lawyer’s dozen” equips architects with an invaluable tool
in place, designers can tap into our “creative black boxes” and
for explaining to them the rationale behind many of our design
come up with inspired solutions.
decisions.
About the Author: Mr. Louis Schump is a Senior Interior De-
Interiors
signer with Hellmuth, Obata + Kassabaum (HOK) and has over 25
years of interior design experience. His approach incorporates a
Experts in Law Firm Design
blend of design and management, resulting in innovative design
that consistently meets his client’s needs, budget and schedule.
His focus is on those elements of culture, brand and the business
plan that can be enhanced by, or communicated through, the design of space.
He joined HOK from private practice where he worked with
a number of commercial, law and residential clients as designer,
manager and owner’s representative and prior to that, he directed
interiors for the San Francisco studio of an international architecture firm.
Mr. Schump has a Bachelor of Architecture from Washington
Alschuler, Grossman, Stein & Kahan
University, is an Adjunct Professor with the California College of
the Arts, and has won numerous regional and national awards for
his design work.
Gibson , Dunn & Crutcher
Jones, Day, Reavis & Pogue
Littler Mendelson
HOK
9530 Jefferson Boulevard, Culver City, California 90232
phone: 310.838.9555 web: www.hok.com www.hokinteriors.com
February 2007
35
THE GENERATIONAL DIVIDE
How to Motivate and Retain Gen X
Baby Boomers —
approximately 80 million people; born 1946 — 1964
• Open minded, ambitious, loyal and job status is
important
D
o you ever feel like an alien in your own environment?
• Espouse “inclusive” leadership
Many leaders and employees hope Generation X (be-
• Workplace process and output (not implications and
tween the ages of 25 and 40) workers will miraculous-
outcomes)
ly turn into to something they recognize and understand. Have
you learned how to cope with these different people? Do you real-
Gen X — 46 million people; born 1965 — 1980
• Many were “latchkey kids” so they are typically
ize the cost if you have not?
Employee turnover can cost big bucks. Spherion Corporation
of Fort Lauderdale, Fla. says one accepted method for calculating
the cost of losing an employee — including the expense of re-
resourceful, self-reliant and irreverent
• Job flexibility is at the top of their list of essential
characteristics of a position
cruiting, relocating and training a replacement — is to multiply the
• Workplace relationships and outcomes are important
salary by 1.5. The average salary for a white collar worker in the
• Do not solely define themselves by their job
U.S. in 2004 was $42,000, according to the Department of Labor,
• Loyalty or status not necessarily important and they are
so replacing a departing worker could cost an employer around
easy to recruit, hard to retain
$63,000. Has money been wasted in your environment?
The bridge to successfully managing Gen X:
Gen Xers are more inclined than boomers to leave a job if their
Whether on WIFI at the local coffee shop or in the comfort of
their home office, Gen X wants flexibility. Working from home af-
needs aren’t met.
fords employees some flexibility to balance their own priorities of
Spherion also found that 51% of respondents under 40 said
family, educational pursuits, leisure and community activity can
they were likely to look for a new job within the next year, while
lead to better performance as well as higher retention rates, ac-
only 25% of those older than 40 said the same. Does your budget
cording to David Ballard, Psychological Healthy Workplace Guru
allow for this kind of turnover?
for the American Psychological Association. Also:
• Tell them WHAT not HOW so review the expected
The problem? No amount of wand waving or candle lighting
will make Gen X into something they don’t want to be.
outcomes.
• Give multiple tasks. Allow them to prioritize.
• Ask for reactions and opinions consistently.
The solution: building knowledge and understanding of the diff
ferences of Gen X and Boomers — the two largest portions of the
• Give them informal recognition (like days off).
• Apply effective and flexible leadership skills and
encourage them from others.
workforce today.
• Give regular, honest feedback. They expect it and not
just in annual appraisals.
Did you know that?
• 80% of the Baby Boomers plan to work past retirement?
• Generation X and Generation Y (1981-1999) are not
large enough to cover the Boomer retirement gap?
• Given that Generation X, all 80 million of them, are the
• Offer mentoring and coaching. If you don’t know
how, learn!
• They want opportunities to learn new skills, making
ongoing training essential.
largest segment of business today, it is prudent that we
The 40-year spread in the workplace can create tremendous
understand them.
• EEO (Equal Employment Opportunity) complaints are
creativity with the results being dynamic solutions, improved productivity and increased profits. These differences can also cre-
up 41% since 1999?
No mater when you were born, we must understand the im-
ate turbulence, conflict and dysfunctional teams not to mention
pact generations have on our workplace. The following is a typi-
the cost of turnover. Study and learn about each segment of the
cal recap of Baby Boomers and Gen X, the largest portion of the
population and respect their differences, especially the differing
workplace today.
opinions you may have developed. If you would like to receive
36
February 2007
Q: What do 90% of the top 50 law firms*
in Los Angeles have in common?
A: They rely on Matura Farrington Staffing
Services to deliver the talent needed to
keep them on top!
Every business knows that to stay on top you need a team that can stand up to the challenge. Since
1994, we have helped to build the teams of L.A.’s finest legal organizations.
Here’s how:
Accountability: We listen to our clients, deliver the service they expect, and help them to attain their
staffing goals.
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Angeles legal market.
Consistency: Our staff is comprised of experienced recruiters who have earned our trust and respect
with an average tenure of more than 4 years. Our clients know that the same team is here to service
them year after year which allows for an efficient and effective working relationship.
Comprehensive: We provide direct hire and temporary staffing assistance for all support and
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February 2007
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37
OFFICE Leasing
help
h
l other
h b
businesses
i
save money ((such
h as those
h
that
h perform
f
outsourcing activities).
Tenants that will be entering a lease transaction soon, that are
not as confident, may also want to act quickly in exploring their
Can Low Leasing Activity Save Tenants Money?
alternatives (to maximize their choices). They then may want to
slow down during the leasing commitment process, to give them-
C
an low leasing activity save T
Tenants money? It all
selves as long as possible to determine what they believe will be
depends on the circumstances of the T
Tenant, but
their economic future and their office space requirements.
low leasing activity could be money saving good
As of early January 2007, for Tenants in Downtown Los Angeles, low leasing activity may result in Tenants saving money.
news for Tenants!
T
Tenants in other submarkets may also be able to save money,
Generally, low leasing activity (compared to the past), reflects
Tenant caution regarding their economic future.
if leasing activity is low where they want to enter a lease
transaction.
What has prompted me to write this article is that in Downtown Los Angeles, office leasing activity in the fourth quarter of
2006, was at the lowest level in a decade in what I consider to be
the 44 nicer buildings. If you are located in another submarket, I
can quickly (within minutes) roughly determine what is going on in
many other submarkets in the greater Los Angeles area.
Low leasing activity is probably only of significance, if a Tenant is going to be entering in to a lease transaction, while low
leasing activity continues to be low. Lease transactions include:
extending a Tenant’s lease term; expanding the size of a Tenant’s
For More Information or Help:
When it’s time to renew or relocate, do you want help doing
the above and other tasks that need to be done?
Do you want more information?
Do you want to receive a monthly e-mail Newsletter regarding
the latest that is going on in the Downtown Los Angeles Office
Leasing Market?
If so, please e-mail me at [email protected] or call
me at 213-949-4824.
space; relocating a Tenant’s office suite; and a Tenant opening a
About the Author: Scot McBeath is the President of Scot
new location.
The significance of low leasing activity to Tenants is that it pro-
McBeath Realty. Scot McBeath Realty specializes in representing
vides Tenants increase negotiation leverage, which may result in
Office Tenants in Downtown Los Angeles and surrounding areas.
Tenants saving money. It does this, because it should provide a
Scot has been professionally engaged in negotiating transac-
very strong incentive for buildings that want to attract and retain
tions and managing projects since 1982, and he has a BS and
Tenants, to offer those Tenants a highly competitive offer. It is sort
an MBA.
of like shopping for a car. If you walk on a car lot and there is a
crowd of people wanting to buy a popular new car, you will have
to outbid the other interested people to buy it. On the other hand,
if nobody has expressed interest in the same car in a long time,
you may have a shot at getting a great money saving deal on the
car (this is what low leasing activity is comparable to). Generally,
the best low leasing activity situation for a Tenant, is when leasing
activity has dropped a lot and for long enough that Landlords are
getting very motivated to attract Tenants. Downtown Los Angeles, as of the beginning of January 2007, appears to reflect this
situation.
Tenants that will be entering a lease transaction soon, that are
confident that they will not be negatively impacted by an eco-
Would You Like to
Advertise in the Greater
Los Angeles Chapter
Leadership Exchange?
nomic slowdown, may want to act quickly, before leasing activity
and/or rental rates increase. An economic slowdown may not impact all businesses, the same. For example, an economic down-
Contact: Joanne Stillwagon @
[email protected]
turn may be good for Bankruptcy Attorneys or businesses that
38
February 2007
February 2007
39
TECHNOLOGY Tip
net
Displaying Formulas in Excel —
(All versions of Excel)
Your entire spreadsheet is now displayed showing formulas where
values used to be. Some of the cells are going to be larger to accommodate your formulas, but don’t panic. You can get everything back
Ever wondered which cells have what formulas?
W
as it was by pressing the Ctrl + ~ key again.
henever you open a spreadsheet, chances are you
may not be the first person who has worked with it.
Dodie Edelstein is the owner of Legal Information
One of the most difficult things to do when inheriting a
Systems Training (LIST), which specializes in help-
spreadsheet is to decipher it and find out where formulas have been
ing you get the most from the software you have.
entered and what the formulas contain.
She provides customized legal-specific training and
You can always click on a cell and look in the formula bar to see
support services for document processing, e-mail and document
what formula exists in that cell. But, there’s an easier way and it’s
management software. Dodie can be reached through e-mail at
one keystroke!
[email protected], by telephone at 707-776-4695 and on her
Anywhere in your spreadsheet, hold the Ctrl key and press the
web page at www.aboutlist.com.
tilde (~) key (no shift key needed). (In Excel’s Help, it’s called the
“single left quotation key” but since most of us use the single quote
key just to the right of your semicolon key, you might think I meant
that one. It doesn’t work for this feature). So, I’m calling this the
tilde key.
Here’s what it looks like before I press Ctrl + ~
Expense
Cash
Franklin
Williams
Auto rental
50.00
50.00
50.00
Air fare
2100.00
0.00
0.00
Lodging
720.55
261.00
420.89
Food/Meals
144.00
78.00
115.75
Telephone
22.50
3.50
12.40
Entertainment
80.00
33.00
43.50
Misc.
29.50
22.65
25.88
$3,146.55
$448.15
$668.42
TOTALS:
And here’s what it looks like after I press Ctrl + ~
Expense
Cash
Franklin
Williams
Auto rental
50
50
50
Air fare
2100
0
0
Lodging
720.55
261
420.89
!" #$$"
Food/Meals
144
78
115.75
Telephone
22.5
3.5
12.4
$$ !&" !'&(#)$
Entertainment 80
33
43.5
Misc.
29.5
22.65
25.88
TOTALS:
=SUM(B2:B8)
=SUM(C2:C8)
=SUM(D2:D8)
% % 40
February 2007
RECORD RETENTION: WHAT TO HOLD, WHEN TO FOLD
Evaluations............................ Earlier of 4 years or 1 year after termination
progress, a subpoena has been served or an investigation
Individual Employment or
is known to be underway.
Termination Agreements...................................1 year after expiration
6. Finally, if you are going to have a DRP, enforce it. And be
Insurance Records.............................................. 4 years after termination
sure to enforce it in a consistent fashion. Selective
Job Descriptions.......................................... Upon revision or replacement
enforcement is a sure ticket to a spoliation of evidence or
Medical Histories & Health Records ...................... 1 year after termination
obstruction of justice charge.
Testing Records.................................................... 1 year after termination
Training/Instruction Manuals and
Knowing what to keep and for how long can be tricky busi-
Memoranda.......................................... Upon revision or replacement
ness for law firms. A knowledgeable professional can provide
expert guidance and help your firm draft a solid document reten-
Retirement
tion policy that protects your interests as well as those of your
Allocation Reports ....................................................................Permanent
clients.
Audit and Tax Forms ...................................................................... 7 years
Board of Trustee Minutes and Performance Information ............Permanent
About the Author: Mr. Mica Miyamoto joined Hutchinson and
Correspondence ..............................................................................1 year
Bloodgood LLP in 1997. A graduate from University of California
Employee Retirement
at Los Angeles, he earned his Masters in Taxation from Golden
Contribution Records................................... 4 years after termination
Distributions (separate into
Gate University. He now serves as a Partner in the Glendale Office.
Mr. Miyamoto’s prior experience includes being a tax manager at a
tax and personnel ....................................................................1 year
“Big 5” international accounting firm. Mica lends his significant tax
(after participant is paid out)
expertise to the engagement team. He provides tax compliance
Invoices ........................................................................................ 7 years
and tax planning services to closely held businesses and their
Transfers ....................................................................................... 7 years
owners. He currently is Chairperson of the Firm’s Tax Committee,
Trust Statements ........................................................................... 7 years
Mica is a treasurer of the Asian Pacific Alumni of UCLA. He also is
a member of the West Glendale/Gateway Kiwanis.
Staff Recruitment
Applications (non-employees) ...........................................1 calendar year
Offers and Rejections (non-employees) .............................1 calendar year
Reports (non-employees) ..................................................1 calendar year
Resumes (non-employees) ...............................................1 calendar year
Test Results (non-employees) ...........................................1 calendar year
Create A Solid DRP
DRPs don’t have to be epic novels. They can be just a few
paragraphs, as long as they address these fundamentals:
1. Define how long, how and where to store both paper and
electronic records, making sure you specify retention
periods for specific categories of records.
2. Make sure you have considered all forms of electronic
data in all devices and media (don’t forget digital printers/
copiers and voicemail).
3. Specify how records are to be destroyed when their
retention period has expired. Is it automated or are users
responsible?
4. Specify
the
individuals
responsible
for
enforcing,
monitoring and updating the policy.
5. Detail the circumstances under which the policy should be
suspended, such as when a lawsuit is anticipated or in
February 2007
41
SOS — Succeed Over Stress
This Month:
About The
T
Author: Gloria Albert, Director of WellnessWorks,
New Year — New Beginning — Changing Ways
A
has been a health consultant for over 20 years. Her approach
re you a creature of habit? There is nothing wrong
to reducing stress and adding wellness to one’s life is practical,
with that as long as your habits are good ones! Moti-
hands-on, pro-active and fun.
vation for self-improvement comes with a healthy self-
respect. Affecting a lasting change happens one step at a time.
To find out more information, request a brochure or
schedule a class, please contact Gloria at (phone) 310-393-6078,
(e-mail) [email protected], or visit our website at
Start with knowing yourself and being realistic about how
much change you can accomplish at this time in your life. Choose
http://www.WellnessWorksUSA.com. Please feel free to pass this
information along to co-workers, friends, family.
one new habit, write it down, make a sign for the fridge, and talk
to supportive friends. Make it a focus for a while until it becomes
SOS (SUCCEED OVER STRESS), a monthly column, is brought
an old habit. You may need to break it down into simple achiev-
to you compliments of WellnessWorks, providing innovative stress
able steps and design a plan for each of those small, more man-
management and wellness programs.
ageable steps. When deciding to stop a bad habit, fill the void
WellnessWorks is dedicated to providing the utmost in innova-
with a good habit. Think through your recovery plan so that if you
tive stress reduction/wellness programs to our clients. Our goal is
relapse you will be more likely to get back on track with your plan
to save clients money by helping employees control their stress,
to change your ways.
be more productive, and live healthier, happier lives. WellnessWorks is now offering seminars for your employees that will help
them find that balance in their lives. In addition, we also work with
One thing at a time:
people individually, and have a comprehensive wellness program
for seniors. For more information on what we do, please be sure
A manageable plan,
to visit us at http://www.WellnessWorksUSA.com.
...plus a supportive environment,
...plus a strategy for handling relapses,
...equals a new improved you in the new year!
So remember, slow down, find gratitude in what you have,
take time to take care of yourself ... and BREATHE.
See you in March.
42
February 2007
The Association of Legal Administrators
Your law firm
(ALA) offers a tool to train your lawyers —
and staff — the ways of business: A Business
is a business.
Skills Curriculum for Law Firm Associates.
Law schools generally do not prepare their
graduates to understand these types of
responsibilities, even though the practice of law
is both a profession and a business. Managing
partners and firm administrators understand that
effective business, management and supervisory
skills for all employees are essential to the
success and survival of every law firm.
YOUR LAWYERS SHOULD THINK LIKE BUSINESSPEOPLE.
Be creative.
Embrace software programs.
Develop business plans and networks.
Offer supportive and critical feedback.
Understand your firm’s competition.
A Business Skills Curriculum for Law Firm
Associates assists you in developing a training
program that will help your associates best meet
the needs and expectations of your firm and clients.
This guidebook is available for $595 from ALA.
Call (847) 267-1252 to order — or log on to
www.alanet.org/bsc to learn more about this
exciting and unique product.
Know basic accounting/finance.
ALA members receive a $100 discount.
BRAIN Teaser answer
How well did you do?
February 2007
9
4
2
5
3
7
6
8
1
3
1
5
9
6
8
7
4
2
6
8
7
4
1
2
9
5
3
2
7
9
6
8
5
3
1
4
5
3
4
1
7
9
8
2
6
1
6
8
3
2
4
5
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9
8
9
3
2
5
1
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6
2
3
8
7
2
6
8
4
3
1
9
5
43
WHAT’S A LITTLE PROFANITY AMONG FRIENDS?
There were 58 completed domestic and transatlantic mergers
before the employee claims to be fired as a result of
complaining about sexual harassment.
•
MERGERS AND ACQUISITIONS
You must learn the difference between actionable sexual
harassment and permissible exercise of First Amendment
rights.
involving US firms where the acquired firm had 5 or more lawyers in
2006, as noted in Hildebrandt International’s MergerWatch. There
were an additional 28 mergers reported in Hildebrandt Headlines involving international firms (although this is not a comprehensive list
of international combinations).
Despite the increase in total mergers, there was actually a decline
About the Author: Lauren J. Katunich is an associate in ECJ’s
Litigation and Employment Law Departments, where her areas of
practice include representation of employers in all types of employment matters, including wrongful termination, sexual harassment, discrimination, retaliation, wage and hour claims and advice for compliance with various employment laws. In addition,
Ms. Katunich has experience in anti-SLAPP actions, construction
defect litigation and a broad range of general business litigation.
Ms. Katunich is featured as a monthly resource on various employment law issues for the employment-based publication, HR Fact
Finder and a frequent author in Martindale Hubbell’s Counsel to
Counsel Labor & Employment Law Alert. She is also a contributing
author for ECJ’s Employment Law Reporter, a monthly publication
designed to inform clients and friends about various employment
law updates. In addition, Lauren authored an article entitled State
Supreme Court Deals Fatal Blow To Contractors Without Valid License, Builder Digest of California Magazine, April-June 2006.
in the number of mergers where the smaller firm had more than 50
lawyers. In 2006 there were 9 mergers where the smaller firm exceeded 50 lawyers, compared to 10 in 2005. The average size of
acquired firms was 28. Nearly three-fourths of all acquired firms had
twenty or fewer lawyers; nearly one half had between five and ten.
The largest merger of 2006, based on the size of the smaller firm,
was the merger between Thelen Reid and Brown Raysman. The second largest merger of 2006 was Bingham McCutchen with Swidler
Berlin. Rounding out the top mergers were Buchanan Ingersoll with
Klett Rooney, Cooley Godward with Kronish Lieb, and Kelley, Drye
and Warren with Collier Shannon Scott.
Domestically, New York City, Washington, D.C. and California
were once again the strongest inbound markets. In New York City,
there were a total of 12 mergers; the largest was between Thelen
Reid and Brown Raysman. In Washington (including the metro areas
of VA and MD), there were 6 mergers, the largest being the combination of Bingham McCutchen and Swidler Berlin. California saw a
total of 10 mergers: 5 in the San Francisco/Silicon Valley region, and
5 in the Los Angeles area.
HILDEBRANDT HEADLINES
THE GENERATIONAL DIVIDE
Law Firms,” by the American Bar Association Commission on Wom-
en in the Profession, women of color are leaving the legal profession
at a high rate. Among the findings are that 44% of women lawyers
a complimentary copy of the Generational Differences spread
of color working in large firms reported being passed over for desir-
sheet,
able assignments, compared to 39% of white women, 25% of men
Baby Boomers, Gen X and Generation Y, send an email to
of color, and 2% of white men.
[email protected].
which
includes
Traditionalists
(born
before
1946),
Clifford Chance was named by the Black Solicitors Network as
most diverse firm in the Magic Circle, with 5% of partners and more
About the Author: Marsha Petrie Sue, MBA
than a fifth of its trainees originating from an ethnic minority. A sur-
The Accountability Master The CEO of YOU:
vey by the Network found that only around 3% of partners in top
Leading YOURSELF to success
UK firms were of Asian extraction, while less than 0.5% were black,
PO Box 15218, Scottsdale, AZ 85267
Chinese or of mixed race.
866-661-8756 Local 480-661-8756
Freshfields Bruckhaus Deringer created a mentoring program for
www.marshapetriesue.com
its female associates to pair them with female partners in an effort
to bolster the number of female partners at the firm. According to
The Lawyer UK 100 Annual Report 2005, only 11.8% of partners at
Freshfields are female, while 15% of Clifford Chance partners are
women, 14.7% of Allen & Overy partners are women, and 12.3% of
Linklaters partners are women.
44
February 2007
Community Challenge Weekend
We Would Like to Once Again
Thank Our Sponsors
February 2007
45
VENDOR Spotlight
Up Close & Personal with...
based on the client’s objectives and a thorough evaluation of the
“marketing mix” — website, public relations, marketing collateral,
direct mail/email. For most of our clients, we become their outsourced marketing department, working with them on everything
from strategic planning to detailed implementation.
What do you believe is the most important component of
Turning How into Wow!SM
Powerful Marketing & Public Relations Programs
the vendor-client relationship?
Being proactive, and developing and executing on strategic
creativity are among the most important aspects of a vendor-
Sharon Berman
[email protected]
client relationship. In terms of being proactive, our role is to spot
Berbay Corp.
directly available to the client.
2001 South Barrington Avenue, Suite 305
and then deliver opportunities that otherwise might not be seen or
Regarding strategic creativity, the most basic elements of a
client’s marketing and public relations strategy may be obvious,
310-914-4200 • www.berbay.com
such as needing to develop a website. The real challenge is to
Bio
Sharon Berman is principal of Berbay Corp., a marketing con-
insert creativity into the process and develop a website that im-
sultancy which specializes in working with law firms and other
a prospective client should pick up the phone and call that firm.
professional service firms. For more than two decades, she has
Being creative means nothing by itself unless it moves the client’s
worked with firms to develop and implement marketing programs
agenda forward.
mediately reflects what differentiates a particular firm, and why
which increase VisiCredibility™ — the visibility and credibility essential to obtaining profitable business.
Prior to establishing Berbay Corp., Sharon held marketing
What characteristics do you possess that help you to be
management positions with national and international firms in-
successful?
We know law firm marketing inside and out, from small firms
cluding Arthur Andersen, Houlihan, Lokey, Howard & Zukin and
to large multinationals. We are nearing our 12th year of working
Ogilvy & Mather.
with law firms. As Berbay’s founder and principal, I have more
A frequent writer and speaker on marketing, Sharon has taught
than two decades of experience marketing law firms and other
Marketing Plan Development at UCLA Extension, is a former
professional service businesses. At the same time, we careful-
member of the California Society of CPAs State Marketing Com-
ly avoid the cookie-cutter approach. Our starting point is that
mittee, and a former member of the editorial board of Marketing
each client’s firm has its own unique aspects and strengths, and
the Law Firm. She has been quoted in the Wall Street Journal,
needs a marketing program tailored to showcase its competitive
and Los Angeles Times, and interviewed by national broadcast
advantage.
media on the subject of marketing.
While the majority of our clients are law firms, we also work
with other professional service businesses such as accounting
Company Profile
For over a decade, Berbay has been a highly effective market-
firms, investment banks, and real estate companies. Since law
ing consultancy working with small to large law firms. Our slogan,
nesses, and we know those market segments, we spot synergies
“turning how into wow!” describes our process and our results.
between disciplines that help expand our clients’ reach beyond
Law firms typically start with marketing questions — the marr
practices often network with and market to these types of busi-
their normal range.
keting ‘how?’ — such as: How do we attract the right clients?
How do we create top-of-mind awareness so that prospects think
of us first? We strive to deliver marketing solutions that answer
with wow! results: ‘Wow, that was great!’ ‘Wow, that made a dif-
What makes Berbay Corporation awesome?
We never forget that it’s our clients who are awesome. That’s
our key focus on turning “how” into “wow!” for each client.
ference!’
We develop and implement strategic marketing plans that are
46
February 2007
Your marketing program shouldn’t
leave you feeling confined.
Is your marketing locked up because you’re too busy? Do you
need a team who will unlock fresh ideas and implement them?
Give us a little freedom and we’ll develop a breakout marketing
program to capture new business. For more info, contact us at:
310-914-4200 or [email protected]
Turning How into Wow! ®
Powerful Marketing & Public Relations Programs
February 2007
47
7E©REALIZE©THAT©YOUR©TIME©IS©LIMITED©AND©THAT©YOUR
FIRM´S©FINANCIAL©REQUIREMENTS©OFTEN©TAKE©A©BACK©SEAT©TO
YOUR©CLIENTS´©LEGAL©MATTERS©#ITY©.ATIONAL©IS©HERE©TO©HELP©
!T©#ITY©.ATIONAL©"ANK©WE´VE©BUILT©A©TEAM©OF©
PROFESSIONALS©TO©MEET©THE©UNIQUE©NEEDS©AND©CHALLENGES
OF©#ALIFORNIA©LAW©FIRMS©7ITH©DECADES©OF©EXPERIENCE©WE
HAVE©THE©EXPERTISE©TO©CREATE©UNIQUELY©TAILORED©SOLUTIONS
FOR©YOUR©FIRM©AND©ITS©PARTNERS©ASSOCIATES©AND©STAFF
Uniquely
Tailored
Solutions
#ALIFORNIA´S©0REMIER©0RIVATE©AND©"USINESS©"ANKK©7HERE
THE©"LUE©,ADDER©REPRESENTS©A©LEVEL©OF©SERVICE©THAT´S
ABOVE©AND©BEYOND©AND©4HE©WAY©UP FOR©YOU
$ENISE©7OODRUFF
3ENIOR©6ICE©0RESIDENT
©
DENISEWOODRUFF CNBCOM
cnb.com
-EMBER©&$)#©©#ITY©.ATIONAL©"ANK
g
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FIRST CLASS
U.S. POSTAGE
PAID
SAN DIMAS, CA
PERMIT#7
g
Debbie Mogren • Quinn Emanuel Urquhart Oliver & Hedges, LLP • 865 S. Figueroa St., 10th Floor • Los Angeles, CA 90017
GREATER LOS ANGELES LEADERSHIP EXCHANGE •
WWW.GLAALA.ORG

February - Greater Los Angeles Chapter

Transcription

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