June/July - Greater Los Angeles Chapter

Transcription

June / July 2012
EXCHANGE
10 The New Lawyer
Generational Differences of Lawyers Practicing Today
18 Managing Partner Event
Michael Josephson Gets Candid About Ethics with Law Firm Leaders
20Annual Conference Highlights
Education and Networking Blooms in Paradise
Leadership
22 Law Firm Debt - Will We Ever Learn?
Looking at the Right Balance Sheet Metrics
27ALA President Reception and
Leadership Luncheon
ALA President, Karen Griggs,CLM, Visits the GLA ALA Chapter
FORTY YEARS OF LEADERSHIP
2
Greater Los Angeles Leadership Exchange
publication information
The bi-monthly magazine of the Greater Los Angeles,
A Chapter of the Association of Legal Administrators
Copyright © 2012 — All Rights Reserved • www.glaala.org
published bi-monthly to provide information for the
Mary McDonnell, Magazine Editor
[email protected]
managers, managing partners of law firms and of corpo818-955-6228
education and benefit of legal administrators, law office
rate law departments, and others interested in law firm
management. The Greater Los Angeles Chapter of the
Association of Legal Administrators is not engaged in
FOrTY Years OF Leadership
Managing partner event
John V. Purins
[email protected]
213-457-8051
rendering legal, financial or tax counseling through this
publication. No statement in this bi-monthly magazine
should be interpreted as legal, financial or tax advice.
Carolyn Smallwood
[email protected]
818-827-9131
Elizabeth Wagner
[email protected]
Any article, letter or advertisement published in
The Greater Los Angeles Leadership Exchange
213-380-3880
should not be considered an endorsement by the
Greater Los Angeles Chapter of the Association of
Legal Administrators of the opinions expressed therein
June / July 2012
Publication Team
Michael Josephson Gets Candid About ETHICS with Law Firm Leaders
Leadership
The Greater Los Angeles Leadership Exchange is
EXCHANGE
The legal profession and businesses must adhere to high ethical standards to maintain public trust. The ALA Code of Professional Ethics sets forth
guidelines and standards for the ethical administration of legal practices. All members of GLA ALA are required to adhere to these standards. To
read the Code in its entirety, please go the following page of the ALA website: http://alanet.org/about/ethics.pdf
FOrTY Years OF Leadership
ON THE COVER:
Pictured on the cover is Shaun
Morrsion and Brian Leck of
Allen Matkins. They watch
on as Michael Josephson
speaks at the Chaper’s Annual
Managing Partner Luncheon
on May 22, 2012.
Layout & Design
or any product(s) advertised. Contributing authors are
requested and expected to disclose financial and/or
Tra-Co Graphics
[email protected]
626-487-0784
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 MISSION STATEMENT
The Association of Legal Administrators’ mission is to:
Promote and enhance the competence and professionalism of all members
of the legal management team; Improve the quality of management in law
firms and other legal service organizations; and
Represent professional legal management and managers to the legal
community and to the community at large.
June / July 2012
3
2012-2013
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Table of Contents
General Management
ssociation of Legal Administrators
10 The New Lawyer
ur
Business
Partners
their support
by
C. Hanf,
J.D.,for
M.P.H.
ssociation
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Legal
Administrators
membership
directory.for their support
ur Business Partners
18 Michael Josephson Is Candid on
membership
directory.
Ethics
With Law Firm Leaders
c.
c.
by Manjit Ender, PHR
301stLateral
Century Hires
Bank – Success Is In A
Good Checklist
Don't Miss THese
UPCOMING Events
Past President’s At the Negotiating Table........July 10, 2012
Come improve your negotiating techniques
during this interactive workshop with Victoria Pynchon, Esq. and watch GLA ALA
Past Presidents role play using techniques
learned from this evening seminar.
Business Partner Appreciation Lunch..........August 14, 2012
Be sure to invite your favorite business partner for lunch
on GLA ALA!
ABA
Retirement
FundsCMC, The Coach
1st
byCentury
Ed
Poll, J.D.,
M.B.A.,
Bank
Adams
& Martin Funds
Group
ABA
Retirement
Afinety & Martin Group
Marketing
GLA ALA and ALA Events
Adams
American Language Services
40Afinety
Law Firms and Social Media
15 Chapter Seminar – March 20, 2012
There Are Two Times in Life: Now and Too Late
Benchmark
by Seth J. Horowitz
Deposition
American Language Services
20 Annual Conference Highlights
California Office
Systems
Benchmark
Deposition
April 22-26, 2012
Human
Resources
CARM Consulting
California
Office Systems
26 Chapter Seminar – July 10, 2012
City
National
Bank
14CARM
Sharing
Passwords
With @MyBoss
Past Presidents At The Negotiating Table:
Consulting
by Tabatha George
A Negotiation Workshop
Communique
Sales Company
City
National Bank
27 ALA President’s Reception – April 9, 2012
Davidson
Staffing
Sales Company
44Communique
Brinker
Update
at the
28 ALA Leadership Meeting – April 12, 2012
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HR
Section
Meeting
Davidson
Staffing
ALA President and GLA ALA Leaders Share Insights
by Kim
Robinson
First
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EC Purchasing
34 40th Anniversary Celebration
Gibson
Arnold
&
Assoc
June 12, 2012
First Legal
Finance
42 Financial Forum - August 25, 2012
Heffernan
Professional
Gibson
Arnold
& Assoc Practice Insurance Brokers
22Innovative
Law Firm
Debt: Will
We Ever Learn?
44 Section Meeting Reports
Computing
Systems
Heffernan
by James Professional
D. Cotterman Practice Insurance Brokers
48 Justice Jog 2012 5K – September 30, 2012
Konica Minolta
Innovative
Computing Systems
LexisNexis
Konica
Minolta
Lexolution
LLC
In LexisNexis
Every Issue
Membership News
Lockton
Insurance
Brokers
New Members & Member Updates................................. 16
Lexolution
LLC
President’s
Message..........................................................
6
Merrill
Corporation
Member Spotlight............................................................. 16
Lockton
Insurance
Brokers
Editor’s
Message.
...............................................................
7
Membership Connection Campaign................................ 33
Nationwide
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Merrill
Corporation
Monthly Calendars............................................................. 8
New Member Orientation................................................. 17
OCE Business
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New Member Drive Contest............................................. 35
2012 Event Calendar.......................................................... 9
PrideBusiness
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Ricoh/IKON
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ALA Headquarters Information
Region
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ALA Webinars..................................................................... 9
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CLM Book Bundles.......................................................... 25
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24
Robert
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Retreat Planning............................................................... 39
Special
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Diversity
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32
Scherzer
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United
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Board
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36-37
Social Media..................................................................... 41
WAMS Document Storage
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ALA Management Encyclopedia........................Back Cover
GLA ALA Board Update................................................... 38
WAMS
June / July 2012
5
president’s message
Shaun M. Morrison
[email protected]
310-788-2400
Returning from the ALA Annual Conference in Hawaii back in
May was a little tough after adjusting to the Hawaii time zone (just in
time to head back home). After being away from the office for a week,
well, everyone reading this realizes what that entails. Even with the
additional work and hours it takes to catch up, the conference was
well worth it! The conference allowed for us to attend exceptional
educational sessions, network with our business partners, and get
to know each other, and ALA members from various chapters, a little
better. The Greater Los Angeles Chapter attendees made an effort to
spend time together during the conference including the Grand Finale
Luau where everyone had the privilege of hearing the musical prodigy,
Taimane Gardner, perform with her ukulele (and what a performance
it was – nothing like I have ever seen) and enjoy the hula dancers and a
fire knife dance (glad my children have never tried this at home).
GLA received honorable mentions for its entries at the awards
ceremony. More importantly, our very own Francie Jones was called
up on stage and placed 2nd for the Quest Award which is awarded to
a person who displays conviction, dedication and relentless pursuit
of personal and professional excellence as a new member of the
Association. There were originally 450 entries for the Quest Award
through ALA, and after the honorable mentions were named, Francie
was announced as the 2nd place finalist. The GLA Chapter attendees
could not have been more proud of the privilege of having Francie as
part of our Chapter. This was a well deserved accomplishment for
Francie and we all congratulate her.
aged, homeless, and lower income families.
Our members and
managing partners also connected for our annual luncheon to hear
Michael Josephson challenged us to lead an ethical personal and
professional life.
It’s been a full two months since assuming the Presidency, but I
am looking forward to our upcoming events in June and July. The
pride of GLA ALA continues on as we celebrate our 40th Anniversary
as a chapter. On June 12th members and business partners will come
together for an evening of celebration and camaraderie at the Traxx
Restaurant in Los Angeles. The evening will be a wonderful way to
capture our membership spirit and dedication to the Association of
Legal Administrators. As members, we should be proud of our efforts
to educate, promote and connect with administrators, managers and
providers of the legal community. As one of ALA’s largest and most
active chapters, Los Angeles should stand proud of its 40 years of
leadership and accomplishments. Go GLA ALA!
Also be sure not to miss our past president’s evening seminar
on negotiating techniques, along with our annual “thank you” to the
business partners at a chapter lunch in August. Remember the more
events you attend, the more chances of you winning in our Membership
Connection Program and the more chances you will be able to connect
with other members of our phenomenal chapter!
Until next issue . . .
Shaun M. Morrison
GLA ALA President (2012-2013)
On the home front, I also want to congratulate Luci Hamilton as the
GLA ALA Volunteer of the Year (VOTY) award recipient for 2012. The
VOTY award acknowledges and rewards outstanding civic involvement
and leadership by an individual with GLA ALA and our community at
large. Congratulations Luci – also a well deserved award!
In May, I was also thrilled to see GLA members, family, friends, and
business partners come together on a Saturday morning to volunteer
at the LA Food Bank. Everyone who participated created an energetic
and rewarding experience by getting together to assemble the bags
of food which will go to various non-profit organizations for the
Quest Award winners on stage at the Annual Conference
including GLA ALA member Francie Jones
6
GLA President Shaun Morrison, Francie Jones and GLA Past President,
Jean Jewel, CLM with the ALA awards from the Annual Conference
editor’s message
Mary A. McDonnell
[email protected]
818-955-6228
FLASHBACK! In celebration of GLA ALA’s Forty Years of Leader-
ship, this issue contains 1972 Flashback Boxes that will hopefully
evoke a memory of that time or simply remind you how things have
changed. So enjoy a trip down memory lane and if perchance you
might recall a significant memory about law firm management in the
1970s, please send to this Editor so we may share in our next issue of
the Leadership Exchange.
Luckily it’s not 1972, and this issue proves “We’ve Come
A long Way, Baby” as the Chapter opens its new fiscal year of
outstanding educational and networking events. Read all about ALA
President’s, Karen Griggs, CLM, visit (pages 27-29) at our Annual
ALA President Reception and Leadership Chapter meeting. At the
Leadership Chapter meeting, GLA ALA Past President, Luci Hamilton
was recognized as the Chapter’s Volunteer of the Year for her many
contributions to the Chapter and the community.
In April, many
members attended the Annual Education Conference in Paradise, so
be sure to turn to (pages 20-21) the highlights. Law Professor and
Flashback:
In July 1972, the ALA
News reported that
“The latest application
was forwarded by Ken
Nelson of Los Angeles
for chapter status for a
17 member Los Angeles
Chapter” and Mary
McDonnell was
managing her first
lemonade stand showing
great promise for a
future career in legal
management.
well known Ethicist, Michael Josephson spoke to over 75 attendees
and 18 managing partners at the Chapter’s Annual Managing Partner
Event (pages 18 to 19). The standards of ethics probably have not
Los Angeles Food Bank (pages 12 to 13). Also, pages 48-49 makes
have, due to such things as the advancement of technology and social
successful legal community event with the Annual Justice Jog 5k on
changed since 1972, but the situational moral dilemmas we face
media. Speaking of technology and social media, you may want to
check out two featured articles, The New Lawyer (page 10) and Law
it clear that the Justice Jog Team is busy at work planning another
September 30, 2012 in Century City.
The June/July issue of the Leadership Exchange has a few new
Firms and Social Media (page 40) where it’s apparent that technology
items to peruse. On page 38 you will find a GLA ALA Board Update that
Our Chapter section meetings seem to be the “Talk of the Town”
of the Board of Directors. We also have included a new column on
and social media have changed the way we practice law today.
as they contemplate and discuss current events such as the Brinker
Decision and the recent closing of Dewey and Leboeuf. You may
want to attend a section meeting soon, but meanwhile get updated
on pages 44-46. With one of the largest law firms filing for Chapter
11 Bankruptcy, we sought out some expert advice for this issue, so
please take good notes on James D. Cotterman’s “Law Firm Debt:
Will We Ever Learn” (pages 22-23) and the Coach’s (Ed Poll) “Lateral
Hiring: Success is in A Good Checklist” (page 30).
The Community Connection Program shows no sign of shrinking
on its promise of a year of community outreach and visibility for the
Chapter. See what law firms and GLA ALA members participated
in the Food From the Bar Campaign and volunteered a day at the
June / July 2012
will be a new regular column to advise our members of the activities
Diversity Upfront (page 32) and plan to bring you tips and news
about Diversity in the workplace. Finally, we reformatted the table of
contents hoping to highlight articles that our members should be sure
to read. This Editor hopes to continue to bring you topical articles
and information to increase your law firm management knowledge
and your visibility into Chapter educational and networking events.
I welcome your feedback and your flashbacks of 1972 for the next
issue of the Leadership Exchange.
Mary A. McDonnell
Magazine Editor
7
july Calendar
calendar
Date
Event
Time & Location
Contact
Magazine Articles and Ad Deadline for August/September 2012 issue
5
EVENING SEMINAR
Past Presidents at the Negotiating Table
A Negotiating Skills Workshop
Presented by: Victoria Pynchon, Esq.
Concourse Level Conf. Room
2029/2049 Century Park East
Los Angeles, CA 90067
6:00 p.m. – 8:30 p.m.
Helen Youngblood
[email protected]
11
Quarterly Board Meeting
Downtown Location
Allen Matkins
515 S Figueroa St # 700
Los Angeles, CA 90071-3304
6:00 p.m. – 8:30 p.m.
Shaun Morrison
[email protected]
12
Small Firm Section Meeting
Downtown Location -TBD
Noon – 1:30 p.m.
Emily Schaub
[email protected]
17
Finance Section Meeting
Allen Matkins
515 S Figueroa Street, #700
Los Angeles, CA 90071-3304
1901 Avenue of the Stars, #1800
Los Angeles, California 90067
Noon – 1:30 p.m.
Margaret Acossano
[email protected]
or
Kameron Stout
[email protected]
18
ALA Webinar
Change Leadership: A Boot Camp to Drive
Organizational Change
Rachel Schaming, Radiology, Ltd.
10
ALA Headquarters
www.alanet.org
11:00 a.m. PST
Rosemary Shiels
[email protected]
august Calendar
calendar
Date
Event
Time & Location
4
Board Retreat
Westside Location -TBD
10:00 a.m. – 5:00 p.m.
9
ALA – Law Firm Financial Management
Conference & Exposition
Palmer House Hilton
Chicago, IL
Business Partners Appreciation Luncheon
Downtown Location -TBD
Noon – 1:30 p.m.
14
15
16
Contact
Shaun Morrison
[email protected]
Patty Olejnik
[email protected]
Kristine Koeckenberg
[email protected]
Manjit Ender
[email protected]
ALA Headquarters
www.alanet.org
ALA WEBINAR
Records Management: The Bermuda Triangle
Dana C. Moore, Foley & Lardner, LLP
11:00 a.m. PST
San Fernando Section Meeting
How to Motivate Your Attorneys for a Successful
and Cost Effective Retreat
Ezra Brutzkus Gubner LLP
Warner Center
21650 Oxnard Street, Suite 500
Woodland Hills, CA 91367
Noon – 1:30 p.m.
Rosemary Shiels
[email protected]
Scott Dressler
[email protected]
Downtown Location:
Reed Smith
355 S. Grand Ave,
#2800 LA, CA 90071
21
24
25
8
Multi-Office Section Meeting
Roundtable
Century City Location:
Reed Smith
1901 Ave. of the Stars,
Suite 700 LA, CA 90067
Noon – 1:30 p.m.
Sue Powers
[email protected]
CLM Application Deadline
GLA Finance Conference
John Pruins
[email protected]
Location TBD
8:00 a.m. – 5:00 p.m.
Jean Jewell, CLM
[email protected]
2012 event
Event Calendar
calendar
Mark Your Calendar
ALA Intellectual Property Retreat
Chicago, IL................................................ September 20-21, 2012
Mark These Events On Your Calendar
and Keep Up-To-Date All Year
ALA Large Firm Principal
Administrators Retreat, Miami, FL........... September 20-22, 2012
√ CLM Exam in Honolulu, Hawaii........................... April 22, 2012
New Member Orientation...............................September 27, 2012
√ ALA Annual Education Conference
Honolulu, Hawaii.............................................April 22-26, 2012
5th Annual Justice Jog 5K ( CCW Event ) .....September 30, 2012
√ Managing Partner Event.......................................May 22, 2012
Professional Legal Management Week ...........October 1-5, 2012
GLA ALA 40th Anniversary Celebration.................June 12, 2012
CLM Exam - Anaheim, CA.................................. October 11, 2012
Chapter Leadership Institute
Salt Lake City, Utah............................................ June 22-23, 2012
ALA Region 5&6 Educational Conference
Anaheim, CA...................................................October 11-13, 2012
ALA Law Firm Financial Management
Conference & Exposition, Chicago, IL.............. August 9-11, 2012
Chapter Holiday Event.....................................December 11, 2012
Business Partner Appreciation Event..................August 14, 2012
Annual Employment Law Forum........................ January 26, 2013
CLM Application Deadline....................................August 24, 2012
Chapter Annual Meeting....................................February 12, 2013
Finance Seminar...................................................August 25, 2012
New Member Orientation......................................March 20, 2013
Business Partner/Member Mixer...................September 20, 2012
Business Partner/Member Mixer..........................March 21, 2013
2012 Schedule
A New Year of ALA Webinars!
Mark the 3rd Wednesday
of the month on your calendar
for ALA Webinars.
Great Ways to Save:
Yearly Pass
Save 20 percent
by ordering all 11 Webinars in advance.
Purchase before February 2012.
Coupon Bundle
Save more than $150 by
purchasing a bundle of five (5) coupons.
Each coupon is valid for any
2012 live or archived Webinar.
Learn more and register
www.alanet.org/webinars
June / July 2012
January 18, 2012
Selling Blue Elephants:
Client Marketing, Retention and Loyalty (LI)
July 18, 2012
Change Leadership: A Boot Camp to
Drive Organizational Change (OD)**
February 22, 2012
Employee Handbooks
For Law Firms – Careful, Careful! (HR)**
August 15, 2012
Records Management:
The Bermuda Triangle (LI)*
March 21, 2012
The Art of Active Listening (CM)*
September 19, 2012
Of Foxes, Hedgehogs and
Law Firm Profitability (FM)*
April 18, 2012
The Role of Legal Administrators in
Legal Project Management – Unprecedented
Opportunities & Current Challenges (LI)*
October 17, 2012
Marketing on a Shoestring Budget (LI)*
May 16, 2012
Safe Stress! (CM)*
November 14, 2012
(2nd week of November)
Dealing with Substance Abuse
in the Workplace (HR)*
June 20, 2012
Technology Management:
The Good, the Bad and the Ugly (IT)**
* 60 minutes
** 120 minutes
9
general management
THE NEW LAWYER
Ted. C. Hanf, J.D., M.P.H.
[email protected]
(213) 380-3880
available on demand – on Podcasts downloadable to their iPods and
available on DVD or online. They are used to being able to play back
portions of lectures - information that they missed while checking
their Facebook pages and texting their friends - time and time again
in order to cull salient points. That luxury is rarely afforded in trial
The law, and for the most part lawyers, is firmly rooted in tra-
dition. That is one of the great strengths of the law as it preserves
continuity and historical memory. It is also one of its weaknesses
for it is slow to adapt or even accept new and different ideas and
technological change.
It finds itself at just such a point today – confronting changing
or in deposition unless one waits for the transcript or has visually
distracting instantaneous transcription available.
The dynamics of a deposition or trial call for focused and undivid-
ed attention and a sponge-like capture of details, concepts unfamiliar
to generations X, Y, Millennials and whatever comes after these.
Communications:
Whether it is a letter or telephone call to the client or a presenta-
societal and generational practices and beliefs. This is an exciting but
tion to the court, clear and concise communications are important.
at how to adapt those methods and practices to the present and into
Younger lawyers grew up in a culture of texting, pinging, IM’ing
stressful time for lawyers young and old. For the old, looking back
on how things were when they learned their craft and looking ahead
the future. For the young, raised in an era of technology and multi-
tasking, trying to adapt their innate methods to a system which at
many times appears stodgy and “old school.” This can be seen in
many facets of practice.
Workflow:
The newly minted lawyers come out of law school after years of
studying in groups and typing papers themselves. Yet in many firms
where they “land” their first job they are immediately thrown into a
system where they are expected to work pretty much on their own
and to dictate communications either to a real or virtual transcriber.
Dictation, like legal thinking itself, is a skill that can be learned, but
unlike many arcane aspects of the law (remember Blackacre?) it is
almost never taught in school. Lawyers, both trainer and the trainee,
are immediately thrust into the conflict between “the way it has always been done” and the “way of the future.”
Depositions:
It is almost universally the case that although a deposition can be
one of the most important parts of any litigation, this critical task is
often relegated to one of the junior members of the legal team. Here
again, technology conflicts with tradition.
Lawyers of a certain generation remember sitting in lecture halls
struggling to pay attention to every nuance and factoid from the lecture and reducing the important points to their notes. Those days
are long past however. Students today are used to having lectures
10
Verbal skills must stand shoulder to shoulder with writing skills. Yet
this is rarely the case.
– reducing everything to 128 characters (spaces included!), ab-
breviating at will and throwing grammar and spelling to the wind.
When a baby boomer attorney reads these offerings, all they can say
is “OMG!”
Persuasive writing requires the development of a theme, organi-
zation of complex concepts and presentation of relevant information
that supports the theme – this is not something that can be accomplished without thought and effort. Editing is crucial, but in an era
of multitasking, constant stimulation and conflicting demands on everyone’s time, these essential elements of communication often fall
by the wayside. Re-reading, proofing, refining and re-writing to make
communications clearer and more persuasive to a reader become
time-wasting, frivolous luxuries rather than standard practice.
These observations prompted reminiscences of another era when
lawyering was a craft, a skill, an art, not just a job. Thoughts turned
to one professor in law school who spent a class session teaching
the class how to fix an ornery typewriter (remember typewriters?)
because it was a certainty that someday as a new lawyer working
late at night before an important hearing, something would go wrong
and there were no excuses for not getting the job done. Times have
changed – today it is not uncommon to hear excuses blaming technology or civil servants or subordinates for why the job didn’t get
done on time, or at all. “The dog ate my homework” has turned into
“my hard drive crashed” or “the file got corrupted” or “I told Rick to
do it.” One thing has not changed with time though – failure is not
an option.
Today there is such dependency on technological devices, all of
which are prone to failure, that any glitch or local power failure can
be devastating. Any natural or manmade disaster or social disruption would have catastrophic consequences.
Examples of ways technology has affected us are plentiful, but
one message is clear: “Old school” and “cutting edge” have much to
offer each other. Old school offers resilience; the ability to adapt and
deal with unexpected situations, the ability to think critically, listen
attentively and to bring diverse life experiences and knowledge to
bear. Gen X, Y, Millenials and their successors have much to offer
as well. They have grown up being comfortable with rapid change,
working in groups, communicating instantly and multitasking. These
are groups with two distinctly different skill sets, but working together can bring synergy and energy to the always evolving (albeit
tradition-bound) practice of law.
In addition to his legal work, Ted is also involved in Public Health
practice as a researcher and frequent presenter on injury and illness
prevention, cultural and social determinants of health, forensic epidemiology, and alternative health beliefs and practices among diverse
working populations. He can be contacted at [email protected].
Flashback:
In 1972, Atari kicks off the
first generation of video games
with the release of PONG.
Holly Kaufmann
Business
Development
Holly
Kaufmann
SouthwestDevelopment
Business
About the Author: Ted C. Hanf is a principal in Kegel, Tobin &
Southwest
c. 626.484.6490
[email protected]
c.
626.484.6490
Truce, APC, a workers’ compensation defense firm which represents
[email protected]
Steelcase Wood
Santa Monica Work Life Center
Steelcase Wood
1217 2nd Street
Santa Monica Work Life Center
Santa Monica, CA 90401
1217 2nd Street
USA
Santa
Monica, CA 90401
www.steelcase.com
USA
www.steelcase.com
employers and insurance carriers in the defense of workers’ compensation and related labor matters. Mr. Hanf has been a practicing attorney since 1975. He is AV rated, and is certified as a Workers’ Compensation Specialist by the California State Board of Legal Specialization.
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June / July 2012
11
Community Connection Program
Maricela D. Gonzalez
[email protected]
562-435-3666
In the April/May issue of the Legal
Exchange, we introduced Food From
The Bar (“FFTB”), an annual food
drive organized by the Los Angeles
County Bar Association and the L.A.
Regional Food Bank. This year’s FFTB
campaign ran from April 26 through
May 25, 2012. During this time, the Los
Angeles legal community, including
law firms, legal organizations, and
educational institutions, participated
in a fun competition to raise funds,
donate canned goods and volunteer
at the Food Bank.
The GLA ALA Chapter is pleased
to announce its efforts in promoting
this year’s FFTB drive. A total of 27
members and 12 law firms collected
food and money at their offices during
the campaign.
The Chapter also organized a
special volunteer day on May 5,
2012, for GLA ALA members and its
business partners. This group of 20
volunteers worked tirelessly assisting
with assembling approximately 4,000
care packages to be distributed to
senior groups across Los Angeles. It
was a truly rewarding experience
working side-by-side our colleagues
for such a great cause and, in the end,
walking away with the satisfaction of
accomplishment.
We thank GLA ALA members
for their time and energy in making
this year’s FFTB a success. A special
thanks goes out to the volunteers
for getting up early on their day off,
making the long drive to Vernon,
giving it their all, and supporting
GLA ALA’s Community Connection in
giving back.
12
Flashback:
Pasadena resident, Tony Collier, founded
Los Angeles Regional Food Bank in 1973.
Collier, a cook with a charitable organization,
received more food donations from local businesses
than he anticipated and shared them with other
organizations feeding the hungry.
L.A. Regional Food Bank Facts
• Los Angeles unemployment rate is
approximately 12%
• Since 2008, the distribution volume has
increased by more than 70%
• In 2011 alone, the L.A. Regional Food Bank
distributed 60 million pounds of food to over
one million individuals
• Demand at food pantry sites has risen by 73%
• Experienced reductions in both food and
funds from government sources
• More resources are needed to meet the
increased demands for 2012
How Can We Continue To Help
Simply because the Food From The Bar campaign has ended, the L.A. Regional Food Bank continues to accept yearround donations. For every dollar donated, the Food Bank
acquires and distributes 4 meals. You can also help by donating food, volunteering or being an advocate. Volunteer
opportunities are available every Saturday from 9:00 a.m.
to 12:00 p.m. at the L.A. Regional Bank located at 2825 East
54th Street, Vernon, CA 90058. To find out more, please
visit their website at www.lafoodbank.org.
Do you want to Volunteer and
Get More Involved with our Community?
Contact Francie Jones, GLA ALA Community Connection Chair,
[email protected].
Are you already active in the community and want to share
what volunteer activities you do as GLA ALA member?
Contact Maricela Gonzalez, Community Connection Committee,
[email protected]
Foodbank
Volunteers
Debra Gray
Nye Ungarayawong
Frandzel Robins
Emily Schaub
Valensi Rose
Francie Jones
Glaser Weil
Adam Weissburg
Margaret Kinderman
Cox Castle
Karen R. Maheu
BP Special Counsel
Kristy Sessions
Buchalter
Luci Hamilton
Karlin Peebles
Maricela Gonzalez
Molina HealthCare
Mary McDonnell
Entertainment
Partners
Paul Sanchez
BP Intex Solutions
Sarah McClelland
First Legal
Shaun Morrison
Allen Matkins
Tiffany McQueen
Perkins Coie
Hire a Summer Intern Today
Improve the Future of Our Youth
The Greater Los Angeles Chapter of the Association of Legal
Administrators (GLA ALA) is teaming up with the Los Angeles
Chamber of Commerce (LACC) in assisting underprivileged
junior and senior high school students to gain vital work
experience essential for their future success. The LACC
program is LA Youth At Work. This program connects workready young adults with entry level employment opportunities
throughout Los Angeles.
These summer interns are passionate, diligent and driven.
They have attended two educational courses, which included a
job skills workshop and a work readiness seminar. Please
commit to hiring a summer intern today!
SUMMER INTERN PROGRAM RUNS JULY 2 THRU AUGUST 10
Contact Information
Francie Jones
Community Connection Chair
GLA ALA
[email protected]
310.282.6221
Resumes are available for review and
interviews can be scheduled at your
convenience.
Thank You to the GLA ALA Members and Law Firms
that participated in the Food From the Bar Drive
April 26 – May 25, 2012
Akin Gump Strauss Hauer & Feld, LLP
Audrey Prince, PHR
Allen Matkins Leck Gamble Mallory & Natsis, LLP
Martha Bernard
Pamela Kuckelman, SPHR
Shaun Morrison
Michael Palmer
Katherine Starr
Berkes, Crane, Robinson & Seal, LLP
Margaret Acossano
Verna Luckey
Bonne, Bridges, Mueller, O’Keefe & Nichols
Rose Bazan
Kristine Koeckenberg
Frandzel Robins Bloom & Csato L.C.
Monica Celis
Debra Gray
Nye Ungarayawong
Fulwider Patton LLP
Manjit Ender, PHR
Glaser Weil LLP
Harold Boyerman
Francie Jones
Gina Pincus
Glassman Browning Saltsman & Jacobs, Inc.
Lucia Donat
Greenberg Glusker LLP
Kimberly Lahs, PHR
David Neesen
Tammy Saetia, CPA
Haight Brown & Bonesteel LLP
Sharon Barnes, SPHR
Jenner & Block LLP
Rena Sloan
Pillsbury Winthrop Shaw Pittman LLP
Ruth Brazer
Melissa Eurton
Robie & Matthai
Katherine Bratton
Russ August & Kabat
Bonnie Anderson
June / July 2012
13
human resources
Sharing Passwords With @MyBoss
Tabatha George
[email protected]
504.522.3303
Maryland has become the first state in the country to ban companies from asking employees and applicants for their social media
passwords. The bill, which makes the practice entirely illegal, easily
passed both houses of the legislature and is awaiting signature by
Gov. Martin O’Malley. It will become effective October 1, 2012. Similar bills are being discussed in other states, including California, Illinois, New Jersey, New York, and Washington. In addition, U.S. Senators Charles Schumer (D-NY) and Richard Blumenthal (D-CT) have
announced that they will seek investigations of the practice from
the Justice Department and the U.S. Equal Employment Opportunity
Commission (EEOC).
Asking For Passwords Is Risky
Though it has received media and political attention, the practice of asking for employee passwords appears to be rare. Examples
in news reports cite applicants for municipal jobs such as positions
with police departments, where employee vetting is necessarily
more stringent. No large, private company has been accused of the
practice.
Still, Facebook Chief Privacy Officer Erin Egan reported in March
that the site had experienced “a distressing increase in reports of
employers or others seeking to gain inappropriate access to people’s
Facebook profiles or private information.” Egan decried the practice
because it was not the “right thing to do.”
Most employers instinctively shy away from requesting personal
passwords, with good reason. As an initial matter, it could create bad
press and ill will for the company. As mentioned above, several states
are in the process of creating laws to ban the practice and so such a
policy, while lawful now, may soon become illegal. Furthermore, it
is likely the EEOC will issue guidance that disfavors it. In addition,
such policies may violate the federal Stored Communications Act, at
least to the extent that a court would consider requiring employees
to provide their passwords to be involuntary. Finally, password sharing violates the terms of service of Facebook and other social media
sites.
Online Searches Are Less Risky
While asking for passwords is rare and risky, the practice of
searching for employees on the Internet is commonplace. In fact, a
Microsoft-sponsored survey from late 2009 found that 75% of managers were required to research candidates online before hiring.
In many ways, searching for applicants and employees online
makes sense. A company should know if an employee has held
something out to the public that would reflect poorly on its business.
14
Online conduct can be indicative of poor judgment. In the extreme,
a search could reveal that an applicant has committed a crime that
makes his or her presence a danger to other employees. In that case,
the failure to perform an online search could (theoretically) constitute negligent hiring.
But any use of online searches to vet or monitor employees is
also risky. The biggest issue with online monitoring is that you could
become aware of an employee’s protected characteristic, subjecting
your company to liability under Title VII. It is illegal under federal
law for employers to ask candidates about their nationality, religion,
age, race, sex, or disability during the interview process. Many states
add still more protected categories.
While some of these characteristics will be apparent, others will
not. To the extent that you are unaware of a protected characteristic,
you cannot discriminate based on it. But as soon as the company
runs an online search and discovers that an employee practices a
certain religion or has a disability, it has opened itself to charges of
discrimination under Title VII.
Moreover, the practice of online monitoring could suggest a company knew of a protected trait even where it didn’t. Imagine, for example, that a company that requests employee passwords or regularly searches social media websites terminates an employee. The
company is unaware that she is pregnant, but she has announced the
news with a sonogram picture on Facebook. The act of online monitoring has put the company at risk for a claim of wrongful termination that will be harder to disprove.
The Bottom Line
In light of these issues, newly-improved privacy options on social media sites are actually beneficial for employers. The fact is that
employers are allowed to gather job-related information about applicants and employees. Beyond that, access to additional information
creates liability.
Where information is readily available, an employer could face
liability for ignoring it (such as negligence claims) or accessing it
(such as discrimination claims). It is likely that your best course is
to maintain a policy against online monitoring and hire a third-party
firm to run background checks (in compliance with state laws) to
avoid negligent hiring claims. If you decide to monitor candidates or
employees online, it’s advisable to limit such searches to information readily available to the public at large.
About the Author: Tabatha George is an associate of Fisher & Phillips, LLP in their New Orleans office. She practices in all areas of Labor
and Employment law. She attended Harvard Law School and was a
Thacher fellow with the Harvard Project on Disability.
Flashback:
In 1972, digital watches are
introduced.
GLA Chapter Seminar
Jean Jewell, CLM
[email protected]
310-712-6167
“Stickman is the caped superhero who
helps us break out of old patterns”
- Terry Hawkins
There Are Two Times in Life: Now and Too Late
On March, 20, 2012, internationally known speaker and human
it – fake it until you make it by using all channels available to us: “See
Century City on the topic of her new book, There are Two Times in
Many of the 42 attendees at this evening seminar wrote that
performance coach Terry Hawkins presented an evening seminar in
it, say it, feel it, do it!”
Life: Now and Too Late. Terry’s use of moving yet humorous anec-
Terry was “energetic,” “positive,” “engaging,” “fun” and “delivered a
misery” was like flipping on a light switch to help us see our world
changing.” Each attendee received a commemorative “Stickman” su-
dotes to illustrate ways to stay positive without falling into a “pit of
in new and different ways. Terry urged us to interpret all the things
that happen to us in life as “feedback” and not to judge ourselves as
bad, failures or inferior.
To help us visualize our internal conflicts, Terry created two char-
acters that embody the forces that vie for control over the ways we
react and behave. One of those characters is “Pitman,” the depressive,
lethargic yet seductive siren calling us to bring us down and to keep
us in the pit of self-pity, self-loathing and despair. The other charac-
great message.” One attendee later described this program as “lifeperhero figure, and Terry offered her newest book at a deep discount
and even autographed all the copies. Overall, this was an extremely
uplifting and fun evening that celebrated the incredible ability of
humans to adapt and to rise to every challenge. Evaluations from
this event were 3.9 overall (out of a possible 4.0!). Our sincerest
thanks go to ICS (Innovative Computing Systems) for sponsoring this
worthwhile and fun evening.
ter is “Stickman,” the caped superhero/superego who helps us break
out of old patterns of friendship with Pitman which hold us back.
Additionally, many examples of how to use positive mind language
to reset our neural pathways to a different default of performance
were discussed. Terry explained that our brains hear us and believe
us when we says things aloud or even when we talk to ourselves. The
brain then sends that message to our bodies, and this message then
becomes our reality. By changing the way we talk to ourselves and
replacing negative messages of “I can’t” with “I can” and “I am tired”
with “I am full of energy,” etc., we begin to forge new neural path-
ways. Over time, we will reprogram ourselves. Or as Terry phrased
Region 6 Director
Steven M. Morris, CLM
Allen Matkins Leck Gamble
Mallory & Natsis LLP
415-273-7452
[email protected]
June / July 2012
Region 6
Business Partner Relations Officer
At-Large Director
Cindy A. Snook, PHR
Teresa J. Walker
Kronick Moskovitz
Waller Lansden Dortch & Davis, LLP
Tiedemann & Girard, PC
615-244-6380
916-321-4500
[email protected]
[email protected]
Brandt Manchee (ICS), Terry Hawkins,
Jean Jewell, CLM, Blake Rizk and Stickman.
region 6 officers
Communications Officer
Stacy Everett Morrison, CLM
Newmeyer & Dillion, LLP
949-271-7133
[email protected]
Education Officer
Susan I. Bonner
Liebert Cassidy Whitmore
415-512-3000
[email protected]
15
New
new Members
members & MEMBER UPDATES
NEW MEMBERS
MEMBER CHANGES
Kami K. Calderon
Office Coordinator
Fisher & Phillips LLP
444 South Flower Street, Suite 1590
Los Angeles CA 90071
Phone: (213) 330-4461
Email: [email protected]
Elaine van Rensburg
Administrator
Early Sullivan Wright Gizer & McRae
6420 Wilshire Blvd, 17th Floor
Phone: (323) 761-7909
Michael Morales
Administrator
Lamb & Kawakami LLP
333 S Grand Ave, Ste 4200
Phone: (213) 630-5500
Maria Seeley
Office Administrator
Freedman Weisz LLP
2029 Century Park East, 19th Floor
Los Angeles CA 90067-6018
Phone: (310) 282-2500
MEMBER
member spotlight
New Member
Vivian Bonilla
Marcin Lambirth, LLP
How long have you been an
administrator?
4 years
The best advice I received from a fellow legal
administrator was:
Learn to listen and practice empathy.
In my spare time I like to:
Read romantic-comedy novels. I like gardening (I recently
started. It’s a great stress reliever).
What career or profession, other than your own,
have you always wanted to try?
High School or College Counseling.
Activities (other than work) I’m involved in:
Camping, hiking, gardening and spending time with family
and friends.
What advice would you give someone entering the field
of legal administration?”
Listen and practice empathy.
Describe yourself in three words:
Loyal. Optimistic. Generous.
Share an interesting “tidbit” about yourself that most
people would not know:
I go backpacking once a year.
To be successful, legal administrators have to:
Multi-task, delegate, have a pleasant temperament and great
interpersonal skills.
16
Describe your management style and why it works
for you:
My management style is focused on productivity. When you
are productive, you feel like you accomplish a lot. Being
accomplished generally makes you happy. And a happy office is
a successful office.
new member orientation
Ken Sweet
Morris, Polich & Purdy LLP
[email protected]
Flashback:
Ben Affleck and Gwyneth
Paltrow were born in 1972.
New Members Get To Know Their GLA ALA
The New Member Orientation was sponsored by Robert Half Le-
gal and was held on Thursday, March 22, 2012, by videoconference
between the downtown Los Angeles and Century City offices of Allen
Matkins.
The purpose of the meeting was to welcome our newest mem-
•
bers, and for board members to let them know about the various
new members were present:
Sandra Barron, Vivian
Bonilla, Delaram Brown, Nicole Callanan, Erin Feather, Teresa
Harris, Tiffany McQueen, Mio Osuga, Stacy Slossy, Patrick Stevens,
and Janna Styskal.
of GLA ALA.
Debra Gray emphasized the importance of our business part-
ners, and how they make it possible for us to have the great
events that we do due to their participation and sponsorship. Garvey Camilien with Robert Half Legal (attending with
opportunities and resources available to them with GLA ALA. The
following
lights of ALA Headquarters and her experience as president
Brooke Liechty) spoke about his company and how much
•
•
they enjoy their association with the chapter as a Business
Partner.
Kim Holme, CLM gave an overview of the chapter website.
Terri Oppelt, CLM talked about the Educational Programs, in-
•
Elaine van Rensburg opened the meeting on behalf of the
•
Jean Jewell, CLM, outgoing Chapter President, spoke about
cia Donat, Kris Koeckenberg, current Chapter President Shaun Mor-
of their membership by networking with law office admin-
ship Chair, Ken Sweet, at [email protected].
Membership Team and covered the Member Connection
Campaigns.
the composition of the board; Lori Akina’s role as Chapter
Manager; the chapter calendar; and how to get the most out
istrators at events such as the Justice Jog, MIT Section Meet-
ings, Multi-Office Section Meetings, the Holiday Luncheon
cluding chapter meetings, seminars and section meetings.
Other board members at the meeting included Norma Ayala, Lu-
rison, Ilene Sturrock, and Ken Sweet. It was a great meeting! Further
interest about membership should be directed to GLA ALA Member-
and the Employment Law Forum. She also covered the high-
Members-In- Transition (MIT) Section Welcomes You!
If you are a member in transition and are considering your next step, you may want to
attend the next MIT Section Meeting.
The mission of the MIT Section is to provide a forum where members can continue to
learn valuable life skills to propel them to the right path for their careers.
We encourage all GLA ALA Members to attend the MIT Section meetings since learning
is critical to everyone and supporting our members in transition is vital to our growth and
development as legal administrators.
Check out the GLA ALA website for more information on upcoming meetings or contact
Lucia Donat, MIT Section Chair at [email protected].
June / July 2012
17
MANAGING
Managing PARTNER
Partner LUNCHEON
Luncheon
Manjit Ender, PHR
[email protected]
310-824-5555
“Ethics is not the way things are but about the
way they ought to be”
Michael Josephson
Michael Josephson is Candid on Ethics with Law Firm Leaders
I’ve learned that people will forget what you said, people will forget
what you did, but people will never forget how you made them feel.
– Maya Angelou
Michael Josephson regaled over 70 members and managing partners alike with his presentation “Ethics – From Success to Significance” at the Managing Partner luncheon (an MCLE event) on May
22, 2012, at the Intercontinental Hotel in Century City.
How Important Are Ethics
Mr. Josephson began by asking us, “How important are ethics?”
And the answer was, “Ethics are vitally important not only for the
success of our law firms, but individually in all of our personal interactions.”
The Process of Making a Choice
Those lawyers and administrators entrusted with the duty to be
the conscience of the organization must remember that when going
through the mental process of making an ethical choice, everything
cannot be screened solely through its legality. To illustrate the two directions one can choose to make an ethical
choice, we were shown two film clips. The first clip was from LIAR,
LIAR. The scene showed a father advising his son about the importance of lying in order to spare people’s feelings or when battling to
win a case. The lesson was that lying may be a necessity in order to
navigate the trials and tribulations of living in the adult world.
The second clip was from the film, THE LEGEND OF BAGGER
VANCE. In this clip a perspective of the difference between lying and
telling the truth is also discussed with a small child. The direction in
this clip, however, was different from the previous clip. In the second
clip, the importance of being guided by one’s own moral compass
was emphasized. In viewing these two clips, we discover that there
are always two approaches when making an ethical decision. Mr. Josephson described the first choice as a pragmatic and rationalized
decision, and the second choice as being guided by integrity.
Ultimately, ethics is not about the way things are but about the
way they “ought to be.” Think about putting decisions within the
STAR WARS context, “Are you going to be on the Dark Side or will
you be with The Force?” Our goal as administrators and/or attorneys
is to be with “The Force” and move from the word “ought” to “is.”
By continually moving into this behavior, ethical choices will become
automatic.
We were asked to give up the idea that an act is proper simply
because it is permissible or that an act is ethical simply because it
is legal. Attorneys can argue and rationalize anything; that is part of
their job description. But when we rationalize our own behavior, we
can in turn, anesthetize ourselves. We use reason and rationalization to give us the results we really want – what we think “ought” to
be, instead of what is. Rationalization can also be a mask for lies.
18
When we ask ourselves, “When did reason occur in the thinking process?” reason usually occurs first. We often decide on a conclusion
we want and then justify the conclusion using facts selectively.
Mr. Josephson believes there are two dimensions when making
an agreement or a contract: the legal dimension and the ethical dimension. He believes we need to step back and ask ourselves, “Is this
the decent thing to do.” Although it is legal to put a small child who
has been the victim of a crime on the witness stand during a trial,
is it ethical? Mr. Josephson asks us to remember that the law is just
one standard to judge appropriate levels of conduct. If one only asks
himself or herself, “can I,” this person may not violate any law, but
this person may just be a distasteful person. “Do I have a right to do
it?” is only part of the equation. Compliance is what you are required
to do. Ethics is something you should do because it’s right.
Cultivating the Culture of Ethics
Mr. Josephson shared that recently a large number of corporations have reached out to him to inquire about how one goes about
creating a culture of ethics within their organizations. He then reminded us that:
1. The Enron debacle was created by a culture and not an individual;
2. Ethics is much bigger than compliance; and
3. Whatever you allow, you inadvertently encourage.
Enron’s culture encouraged the financial crisis that occurred. We
were reminded that as administrators, we are responsible for creating the culture of our firms. Our goal should be to change from just
compliance to ethical conduct. Be scrupulous. And though we might
not always know what is fair, we always know what is unfair. So, start
with the moral commitment, “What does my firm stand for?”
What is Ethics?
Ethics with a Big E: The core principles of honesty, fairness, respect.
Ethics with a Little E: The core principles of compliance with laws
and rules that pertain to gifts, conflicts of interest and the Professional Code of Conduct.
As administrators and/or attorneys, we need to aspire beyond
compliance and shoot for the Big “E.” Everything we do will be
judged through the lens of ethics and that starts with relationships
and people’s perceptions. Mr. Josephson asked us to:
1. Put the greater good above our own self interest;
2. Think of the consequences, and whether a particular course
of action increases or decreases trust;
3. Look between the lines and cultivate the ethical concept of
humility;
4. Understand that everyone has a different perception and that
humility will make us seem nicer and smarter;
5. Measure our reactions. Did the person I was interacting with
feel better afterwards; and
6. When dealing with clients, try to see both sides and be optimistic. We ultimately choose what to emphasize when speaking with a client. There is always a positive somewhere in
there.
Instead of practicing a code of conduct, look through the lens of “if
I do this, what will it do, or what will be the impact?” Mr. Josephson
suggested that we make everything we do an act of integrity.
Conclusion:
In the end, we learned that all ethical choices really come down to
only one question: you need to ask yourself, “Would your grandmother say it was ok?” And therein lies your answer... unless of course,
your grandmother is an attorney!
Winner of iPad drawing – Firm Name: David Seror, Partner, Ezra
Brutzkus Gubner LLP.”
Winner of Regional Conference fee drawing: GLA ALA Board member, Helen Youngblood.
Thank you to the following sponsors for this event: Afinety, Copi,
First Legal, Nationwide Legal, and WAMs, Inc.
Terri Oppelt, CLM, Shaun Morrison and
Speaker Michael Joesephson
Speaker Michael Joesephson with iPad winner
David Seror of Ezra Brutzkus Gubner LLP
Over 70 attendees at the luncheon
Mike Powers, Janet Shaw, Claudia Galati,
David Teuber, Shaun Morrison
Alex Martinez, speaker Michael Joesephson, Mark Verbecken
Helen Youngblood wins registration to
Region 5 & 6 Conference
Guests from Beverly Hills Bar Association include
Genna Kluchnikov, Dani Barr, and Marc Staenberg
Erin Walsh and Jim Turken
Elaine Van Rensburg and Murray Joslin
Allen Matkins Leadership Michael Palmer, Kathy Starr,
Shaun Morrison, David Osias, Lorraine Connally,
Martha Bernard, and Brian Leck
Allison Kirk of WAMS, Inc.
Bary Fink, Gina Pincus and Brian Boyle
June / July 2012
19
Kaylyn Scott
[email protected]
805-882-1460
Annual Conference Highlights
The annual conference in Hawaii was well worth the trip. The
week was marked by lovely surroundings, perfect weather, gatherings of old and new friends, along with intellectual stimulation
and hearty off-the-clock romps.
Aloha
In addition to its familiar meanings of “hello” and “farewell,”
aloha refers to a powerful way to resolve any problem, accom-
tial mentor, who recommended me for the administrator position
when she moved to another firm. Connie Jedrzejewski is now the
President-Elect of the Orange County Chapter, and we reconnected at the Region 6 meeting. I appreciate my colleagues more each
day, knowing support is close at hand whenever I may need it.
Punahele (Favorites)
One of my initial “ah-ha” moments was at the opening recep-
plish any goal, and achieve any state of mind. Aloha is more
tion, where I met Andy, the Director of Operations at a 17-lawyer
your spirit.”
awesome administrator when the lawyers can hold their own for
than a greeting—it is a way of life. Aloha was achieved through
this year’s annual conference theme: “Ignite your future, renew
Nā ‘ike a me nā hana (Local Flavor)
The trip to Honolulu gave me the chance to travel with my
sister, Amy. Amy made arrangements to meet up with her friend
Ann, who was born and raised in Hawaii. Ann is a semi-retired
land use attorney. Currently she is working part-time for the
Planning Commission and was on the planning committee when
the Convention Center was built. Ann picked us up for sightseeing at 9:00 on Sunday, and my goal was to return by 3:00 for the
Region 6 meeting. My initial wave of relaxation came when Ann
gave us copies of a type written, two page, proposed sightseeing
firm in Virginia. He was attending the conference with the three
other members of his admin team. Can you believe it? That is one
a week, knowing that contacting the admin team will involve a six
hour time difference.
Another favorite was the Business Partner educational ses-
sions. This format provides a half hour of concentrated expertise
by a vendor who works in the subject matter. The sessions on
the changing role of the legal secretary and leveraging collections
presented a whirlwind of information before one barely had a
chance to settle into their seat.
Hunahuna’ike (Trivia)
The first annual conference was held in 1972. There were
agenda. Nothing better than being out-listed and out-organized
151 attendees out of 200 members. Forty years later, there were
special occasion destination of her youth. During our visit, she
partners supported the conference and provided humor and
by an obvious pro.
Ann took us to breakfast at the Pagoda Hotel, which was the
shared with us an old Hawaiian colloquialism: “coconut wire-
less.” It was a term used by her mother when she was a young
girl. It means getting the word out or spreading the news. In the
post-internet world, the combination of technology during the
sessions and the “coconut wireless” during the network opportunities, resulted in us all gaining a wealth of information.
Ho’omaika’i (Gratitude and Appreciation)
My good fortune began with winning the conference scholar-
ship at this year’s Employment Law Forum. Talk about being in
the right place at the right time! Receiving the support and encouragement from my firm to attend is also greatly appreciated.
It had been a number of years since I attended an annual
conference, and renewing acquaintances and seeing old friends
heightens the appreciation for what I’ve received along the winding path of my career. I had the opportunity to visit with my ini-
20
close to 1,000 attendees, and current membership is 9,716. The
first exhibit hall consisted of ten booths. This year 128 business
valuable information during visits to the exhibit hall. And let’s
not forget about all those raffle prizes!
Mahalo (Thank you!)
Nationwide Legal went above and beyond what anyone would
expect from a business partner. At the conclusion of the confer-
ence, Tony Davoodi and his staff took the GLA ALA attendees
on a sunset cruise along Waikiki. After lots of learning, late
nights for some, and keeping on top of the happenings back at
our firms, it all came together as we floated on the Pacific while
watching the sinking sun and darkening sky. To Nationwide
Legal, mahalo!
About the Author: Kaylyn Scott is the HR Manager for the
California locations of the Denver-based firm of Brownstein Hyatt
Farber Schreck, LLP.
Charles Lohr, GLA Past President and his lovely wife
Erica Tamblyn, Past GLA ALA President,
at the Welcome Reception
Ilona Reddick, Anne Fisher, Mary McDonnell, GLA ALA
Past President and Kim Holme, CLM
Hula Dancers Entertain
Shaun Morrison, GLA ALA President and Margaret Acossano
The Shaws
Jennifer Hill’s Cocktail Party with Conference Attendees
This guy didn’t get enough to eat.
Kim Holme, CLM, Bill Krovitz and Lisa Golden-Krovetz
connect with City National Bank
Luau Music
Jason at Nationwide Legal connects with
Shaun Morrison, GLA President, Kim Holme, CLM
and Mary McDonnell, GLA Past President
Chapter Awards Night
ALA hosted an evening to celebrate and honor its Chapters. GLA
ALA member conference attendees were on hand to cheer on the
Greater Los Angeles Chapter for the following awards:
1. Platinum Level Chapter
2. Francie Jones 2nd runner up in Quest Award
3. Four Honorable mentions:
Visibility - Community Connection
GLA ALA 4th Annual Justice Jog
Janet Krause, CLM, Shaun Morrison,
GLA President and Francie Jones
Carolyn Smallwod and Jean Jewell, CLM and
GLA ALA Past President
Recruitment and Retention
Moving Membership Forward in the New Millennium
Education Excellence - Communications/General Management
GLA ALA Members-in-Transition Networking Party
Business Partner Relations
Write to Win! Essay Contest
June / July 2012
Rose Bazan, Kris Koeckenberg and Anne Fisher
Luci Hamilton, GLA Past President
and Jasmine Young
21
FINANCE
Law Firm Debt: Will We Ever Learn?
James D. Cotterman
[email protected]
These metrics are intended as a quick check and should not be
taken as a determinative judgment of a firm’s fiscal condition. Failure to meet any of these standards should prompt further examina-
tion before judgment is rendered. Law firms may not meet one or
I have been commenting on appropriate debt and liquidity levels
for law firms for most of my 24 years consulting to law firms. Recent
events indicate that not everyone who should be paying attention
has been.
Where are we?
 The recession is behind us.
 The recovery has been anemic compared to historic patterns
(go to www.crgraphs.com and peruse twenty graphs that
depict this rather starkly).
 Significant potential exists for disruptions (EU debt/deficits,
Increased regulatory activity in our financial markets, com-
Middle East unrest, Far East tensions, a dysfunctional US
Congress and extreme weather events).
pliance with the Patient Protection and Affordable Care Act
and IP portfolio litigation contribute to early 2012 demand
for legal services turning up after a disastrous 2nd half of
2011. Hopefully an upcoming IPO that many will “Like” will
put a friendlier face on corporate transactions for the balance
of 2012.
 Lawyer productivity is down due to hiring above demand
 But not much more than inflation (a far cry from pre-reces-
supported levels.
 Legal services pricing is up.
sion increases) and is mitigated by decreasing realization –
clients pressuring at all points in the process to reduce the
final cost of delivered legal services.
 Law firm expenses (direct and indirect) are increasing at
worrisome rates.
 Banks are lending to law firms (although some more than
is wise).
So let us review a law firm balance sheet and provide a primer on
debt and liquidity as well as some easy metrics that you can use as an
early warning system.
22
more of these metrics and still be okay. All metrics discussed below
are as of the end of your fiscal year. There are distinct variances by
size of law firm and for some specialized areas of practice.
Quick Balance Sheet Assessment Metrics:
Add together the collectable value of your unbilled time and ac-
counts receivable. The combination should be 12 times your total
debt (bank and capitalized lease obligations). This will change when
new lease accounting rules are finalized and put into effect sometime
in the next year or two. The rules are expected to end the use of operating leases – all operating leases.
The total amount of debt should be much less than 80% of your
net fixed assets, although 80% is okay as an overall percent if you are
early in an investment cycle. This measure will also change with the
new lease accounting rule implementation mentioned above.
Your line of credit balance should be zero at year-end and for
most of the year. Your available line should be sufficient to cover at
least five weeks of revenue. The credit line should not be used to pay
partners or as your first source of working capital. It should be there
to augment working capital, covering unusual economic conditions.
The capital or owners’ equity section of your cash basis balance
sheet should be positive after all current year income and accrued
pension has been paid out. In addition, there should be sufficient
free cash (cash balance after current year income and accrued pension is paid) to cover at least a half month of operations, including
partner draws.
You should not be in breach of any of your loan covenants. There
are many covenants that you and your bank agreed to when the loan
was secured (they vary from bank to bank and loan to loan). It is
important to ensure that those covenants are met. Failure to do so
can result in higher interest rates, additional fees, and even the pos-
sibility of the loan being called. Technically the bank can declare you
to be in default and exercise any rights they have under the default
provisions of the loan agreement. If you are in default, get out in
front of the issue – prepare a presentation to disclose the problem,
providing a candid and honest assessment and a corrective action
plan. Ask for a waiver during the corrective period.
An average 250-lawyer firm:
Assets
Cash and equivalents
Other current assets
Client costs advanced
Net fixed assets
Other assets
Total Assets
Permanent Capital
$20,300,000
$1,100,000
$2,800,000
$10,300,000
$1,300,000
$35,800,000
Liabilities
Debt (LOC $300,000)
Other current liabilities
Other liabilities
Total Liabilities
$3,600,000
$4,700,000
$100,000
$8,400,000
Capital
Permanent capital
Undistributed income
Total Capital
$14,500,000
$12,900,000
$27,400,000
Total Liabilities & Capital
$35,800,000
Off Balance Sheet Assets
WIP
AR
Total
$25,900,000
$30,800,000
$56,700,000
Year-end balance is $14,500,000, which is about $175,000 per
partner, which is about $50,000 low (the above mentioned additional liquidity needed).
Summary
As the above example illustrates, a typical firm is likely to have a
reasonably healthy balance sheet, but still not be well positioned. It
is important to consider liquidity. Cash is your lifeline during stressful fiscal situations. Our very simple example looks at free cash flow,
the more conservative approach to considering liquidity.
Remember that your firm size and practice mix will affect what
is prudent. Large law firms with their multiple offices operating
around the globe and around the clock have greater investment
needs than a smaller single office law firm. Contingent fee firms have
substantially greater capital and liquidity requirements than hourly
practice firms.
There are other measures that firms can use to delve more deeply
and specifically assess the firm’s exposure. This article sets forth the
first level of analysis that every firm should undertake - before it’s
too late.
Copyright © 2012 Altman Weil, Inc., Newtown Square, PA, USA
Assessment:
All rights for further publication or reproduction reserved.
Unbilled time plus accounts receivable / Debt
$56,700,000 / $3,600,000 = 15.75
This is safely above 12. A further look at WIP and AR indicates
that both are reasonable relative to revenue; which gives comfort
that the ultimate collectability of those assets is probably high.
About the Author: James D. Cotterman is a principal of legal management consultancy Altman Weil, Inc. He has been advising law firms
on compensation, capital structure and other economic issues for over
two decades. He has written the definitive book on lawyer compen-
Debt / Net Fixed Assets
sation, “ABA’s Compensation Plans for Law Firms” and he authors the
$3,600,000 / $10,300,000 = 35%
blog, Cotterman on Compensation.
This is a conservative use of financial leverage.
Contact Mr. Cotterman at [email protected].
Line of Credit Balance
Year-end balance is $300,000. It should be zero, but since overall
debt is quite low this is only a problem if you have agreed to have the
line at zero at year-end.
Liquidity
Year-end cash of $20,300,000 is sufficient to pay out the
$12,900,000 in current income plus $4,700,000 of current liabilities
(mostly accrued pension contributions and payroll taxes). The remaining cash of $2,700,000 will cover a bit less than one week of
operations. This is low; an additional $4,100,000 should be added to
the working capital reserves in the future.
June / July 2012
Flashback:
How much things cost in 1972
Average New House: $27,550
Average Monthly Rent: $165.00
Average Income Per Year: $11,800
Cost of a Gallon of Gas: 55 cents
Wrangler Jeans: $12.00
23
CLM corner
Corner
CLM Crossword Puzzle – Financial Terms
By Carolyn Smallwood
Test your CLM Knowledge today!
1
2
3
4
3
6
5
7
8
4
9
10
5
6
11
9
12
13
14
15
14
16
17
18
Across
1.
Client chargebacks for postage, and internal faxes, duplicating, images or scans are (2 Words)
8.
A dependable indication of solvency (2 Words)
14.
Financial statement that reports revenues and expenses for a
period of time such as a year or a month (2 Words)
17. Statement of Cash Flows Activities affected by Depreciation
Expense
18.
The form listing the titles and balances of the accounts in the
ledger on a given date (2 Words)
Down
2.
Statement of Cash Flows Activities affected by Partner
Distributions
3.
Basis of accounting where revenues are reported in the account period when the service has been delivered
CLM Exam Dates
4.
The amount at which Assets are usually reported on the
balance sheet
5.
Type of bank account most commonly used for payroll (2 Words)
6. Type of retainer that a law practice is allowed to deposit in its own bank account (2 Words)
7. Current assets minus current liabilities (2 Words)
9. A book of original entry to record accounting transactions
(2 Words)
10.
Client Disbursements for Airfare, Court reporters and external
duplicating are (2 Words)
11.
Financial statement that reports assets, liabilities and owner’s
equity at a specific date (2 Words)
12.
Used to pay relatively small amounts (2 Words)
13.
The affect on Cash when a bill is paid
15.
Serves the planning function
16. Acronymn referring to the combination of Social Security
and Medicare taxes
Answers on page 29
Application Due Dates
October 11, 2012 - Anaheim, CA 1:00 - 5:00 p.m
(in Conjunction with the Regions 5 & 6 Conference) ........................................................................................................................... August 24, 2012
24
GLA ALA is committed to providing its members the opportunity to attend continuing educational events geared not only to presenting current
and important information in the legal industry, but also to assist those who plan to take the CLM Exam to fulfill the coursework required to
qualify to apply to take the exam. Below is a schedule of our 2011 – 2012 events which qualify for an applicant’s educational requirements to sit
for the exam.
2011 - 2012 GLA ALA Chapter Events Which Qualify for CLM Educational Requirements
Date
Skill Category
Event
Presentation
06/21/11
Writing
CLM Study Group
05/19/11
Writing
SFV Section Meeting
07/12/11
Communication
Chapter Meeting
01/28/12
Communication
Employment Law Forum
01/28/12
Communication
02/14/12
Communication
February Chapter Meeting
01/28/12
Self-Management
12/12/11
Self-Management
Holiday Chapter Meeting
03/20/12
Self-Management
Chapter Meeting
06/16/11
Technology
IT Section Meeting
11/15/11
Technology
Chapter Meeting/ IT Section Meeting
01/26/12
Technology
IT Section Meeting
02/08/11
Organizational
Chapter Meeting
Development
05/03/11
Organizational
Managing Partner Luncheon
Development
06/14/11
Organizational
Chapter Meeting
Development
Minutes
Writing Wheel presented by Barvie Koplow
How to Draft HR Policies
Past Presidents at the Podium
and on Podcast with Jenni Prisk
Tough Conversations to Have
with Your Employees by Paul Falcone
Conducting Investigations by Glen Kraemer
Change: Inevitable but Manageable
by John Childers
Connection Between Decision Making
and Brain Chemistry by Kimberly Papillon
Nature of Talent by North Wood
There are Two Times in Life:
Now and Too Late with Terry Hawkins
IT 201 - General Principles
Pivot Tables with Ivan Hemmans
Data Archiving
Managing the Multigenerational Law Firm
with Amy Hirsh Robinson
New Trends in the Legal Industry
with Dean Chemerinsky
Negotiation and Persuasion with Robert Mayer
120
60
120
90
90
60
75
45
120
60
90
60
60
60
60
AVAIL
ABL
THE A E ONLINE
N
LA BO
OKST OW AT
ORE!
CLM Book Bundles
Enhance your preparation for the CLM Exam
Enhance your preparation for the Certified Legal Manager exam with these two
Bundles of CLM recommended study resources:
Book Bundle A: Law Firm Accounting and Financial Management, Fifth Edition
and Human Resource Management, 13th Edition.
Book Bundle B: Four additional CLM recommended texts on selected topics
within the Legal Industry/Business Management and Financial Management.
Available from the ALA Bookstore — www.alanet.org/bookstore
Bundle A — Member $495.00 Nonmember—$579.00
Bundle B — Member —
$265.00 Nonmember —$319.00
Add CLM in a Flash for only $60.00! Save $9.95!
June / July 2012
25
26
ALA President’s Reception
Nilo Bolden
[email protected]
310-407-4094
“I suppose leadership at one time meant muscles; but
today it means getting along with people.”
Mahatma Gandhi
On April 9th, 2012, members of the GLA ALA and representatives from our sponsors, ICS and Nationwide Legal, were on hand
to welcome the current ALA President Karen Griggs as she visited
the Greater Los Angeles Chapter. In honor of Karen’s visit, a Tasting
Event and Tour of Napa Valley wines was held at The Napa Valley
Grille. Attendees enjoyed sipping Napa Cellars Pinot Noir 2010, Trinitas “El Dorado” Zinfandel 2007, Trefethen “Double T” Chardonnay
2009 and Saddleback Cellars Viognier 2009 Clarksburg, along with
plenty of bites that complimented the wines.
During her visit, Karen spoke of the importance of the CLM program and the recognition it is gaining. She observed that certification should not be exclusive to attorneys, paralegals and IT personnel. Legal managers should consider certification as well. She also
commented upon ALA’s partnering with a company that will provide
200 sites throughout the United States for administering the CLM
test. This will afford members the opportunity to take the CLM test
without having to travel to regional or annual conferences. Karen
also recognized our chapter as being very involved in the CLM study
courses for our members and was impressed with our chapter sending out the CLM certificates to qualifying members for sessions attended.
Mahatma Gandhi said, “I suppose leadership at one time meant
muscles; but today it means getting along with people.” This was
abundantly clear at the ALA President’s reception, an evening marked
by good will and cheer. All those who attended enjoyed the wine provided by our generous sponsors, who donated several bottles of the
featured wines to be raffled off to some very lucky winners.
A heartfelt thank you to our business partners who sponsored
the wine tasting event, to ALA president Karen Griggs for gracing our
chapter with her presence, and to Terri Oppelt, CLM for putting together a splendid affair.
ALA President, Karen Griggs, CLM and GLA ALA President, Shaun Morrison
Jim Van Dusen, CLM, Karen Griggs, CLM, Mark Verbecken,
and Mike from Nationwide Legal
Event sponsors, Nationwide Legal and ICS gather to share a toast with
ALA President Karen Griggs, CLM
Terri Oppelt, CLM, Catherine of ICS and Karen Griggs, CLM
share a funny moment
Erin Walsh, Janet Shaw, CLM and Jeannette Vella, LA Past President
GLA Members share a toast
June / July 2012
27
GLA ALA Leadership meeting
Terri Oppelt, CLM
[email protected]
310-556-5800
Flashback:
The “Battle of the Sexes” was over once
and for all when Billie Jean King beat
Bobby Riggs in three straight tennis sets.
ALA President and GLA ALA LEADERS Share Insights at April Chapter Meeting
Members gathered at the Omni Hotel on April 12 to recognize and
thank the outgoing GLA Board and to introduce the incoming 20122013 Greater Los Angeles Chapter leadership team. The program
also included a report from ALA President Karen Griggs, CLM, and
announcement of this year’s Volunteer of the Year award honoree.
Jean Jewell, CLM, outgoing 2011-2012 GLA ALA President, welcomed the attendees and thanked them for making the time to
enhance our visibility through celebrating our contributions to
leadership – leadership in our offices, in our families and in our
communities. Jean thanked the outgoing board members for their
service and congratulated them on their exemplary teamwork and
cooperation which produced an unprecedented quality of GLA ALA’s
educational and networking events this past year. Jean explained
that she was recently inspired by an image that illustrated the power
of teamwork and networking. The image was of fire ants and how
they work together by joining appendages to float as a unit to survive
floods and storms. In the same way, ALA and GLA ALA membership
forms a network to buoy our spirits and careers when the storms of
our work life and family life strike.
As Jean passed the gavel to incoming GLA ALA President Shaun
Morrison of Allen Matkins, Jean mentioned that as wonderful as this
past year was, the next year will be even better. Shaun took the podium, assumed the presidency and shared how honored she is to be
able to serve the GLA ALA members and the Board. Shaun detailed
her vision of community involvement and raising the visibility of our
members and the Chapter during the coming year through initiatives
which include Food From the Bar (in conjunction with the LA County
Bar starting the end of April) and the ”Hire LA’s Youth” project in
conjunction with the LA Chamber of Commerce. Chapter members
also voted to partner with CASA (Court Appointed Special Advocates
for Children) again this year as GLA ALA’s beneficiary for the 2012
Justice Jog – a 5K to be held in Century City on Sunday September
30th. This is the Chapter’s 40th year so there will be many wonderful things planned to honor and support the members and Chapter.
Mike Palmer, CLM, Executive Director at Allen Matkins introduced
our guest speaker, the ALA President Karen Griggs, CLM. Karen, in
addition to cheering on the Dodgers, gave us a rare insight into the
initiatives ALA Headquarters is working on:
1. New ALA Executive Director search – many excellent candidates have been identified and interviews will commence
shortly to finalize the decision
2. ALA updated website rollout for easier navigation coupled
with a cleaner appearance and organization based on ALA’s
tagline, Your connection to knowledge, resources, and networking.
28
3. Cultivation of alliances with other legal professional
groups (e.g., ILTA, LMA, etc.) with enhanced educational
opportunities.
4. ALA membership benefits which include the VIP program
(Value in Partnership) which contracts with specific business partners for products and services at a discount. One
of the newest partnerships is with Hanover Insurance, which
provides discounted professional liability insurance and employment liability insurance when a Certified Legal Manager
(CLM) is managing the law firm.
5. Focus on leadership initiatives in education and events
– Karen described a leadership concept called “Service
Leadership,” a term coined by Robert Greenleaf in the early 1970’s enjoying a recent resurgence. Karen spoke about
the 10 characteristics of Service Leadership which include
listening, empathy, feeling, stewardship (a commitment to
the growth of others), etc. Karen shared that ALA will embrace the Leadership Servant concept for Chapter Leaders
this year.
6. Changes in the CLM program include preparation of an updated study guide as well as expansion of the testing sites and
dates for the CLM exams.
The attendees gained valuable insight into what ALA and its
leaders are working on to support the chapters and members, and
Karen’s speech was a reminder that we have support at the local, Regional and Headquarters levels – all we need to do is ask!
To close, Jim Van Dusen, CLM, introduced Luci Hamilton as this
year’s winner of the Volunteer of the Year (VOTY) award . Luci’s inspirational message began with the importance of mentorship, and
all the positive changes that Luci was able to make in her life and
career because of Dahlia Cleveland’s mentorship. Most of the attendees already knew about Luci and her hard work that benefits
the Chapter: chapter president 2004-2005, a founder of the Chapter
website, and the leader of the Members in Transition section. What
many of the attendees did not know is that Luci also volunteers for
many other organizations including Boots to Books and most recently was appointed to the National Board of the UN Women as Treasurer. This meeting was an opportunity for the Chapter members to
honor one of their own and to feel proud to have Luci on the board.
It was humbling to learn how much Luci has given to the members
of GLA ALA, and much success of GLA ALA is directly attributable to
Luci’s efforts. This year as the VOTY award winner, she received a trip
to the Annual ALA Conference in Honolulu.
New GLA ALA President Shaun Morrison
Shaun Morrison, Karen Griggs, CLM and Jean Jewell, CLM
Brendan White and Melanie Mawema
Dalia Cleveland, Luci Hamilton and Mike Palmer
Luci Hamilton and Hugo Ospina Jr. (2011 VOTY Recipient)
Don Hoefnagel, Shaun Morrison and Brendan White of First Legal
Past Presidents and Shaun Morrison
Luci Hamilton and Jim Van Dusen
June / July 2012
29
coach’s corner
Flashback:
Ed Poll, J.D., M.B.A., CMC
[email protected]
800-837-5880
“I’m going to make him an offer he
can’t refuse” - Marlon Brando, in
The Godfather
Lateral Hires - Success Is In A Good Checklist
The flood of partners that have left the Dewey & LeBoeuf law
firm – which not long ago numbered well over 1,000 lawyers – vividly illustrates that these are boom times for law firm lateral hiring.
After all, each of the many lawyers who left had a firm to go to, and
many other firms are increasingly hiring lateral partners and associates as a normal recruiting process. Typically and unfortunately, this
decision too often is made without involving firm administrators,
as Management or Recruiting Committees, or practice group heads,
focus strictly on the skills and potential clients that the lateral is expected to bring.
However, administrators can play a vital role in the lateral hiring process, and increase the value of their own positions, by helping
their firms focus on the business aspects of bringing on and integrating new laterals. These business aspects often involve disciplines
within the administrative staff’s responsibilities, and developing a
lateral hiring checklist to cover the key items can greatly enhance
the administrator’s strategic role. Here are some significant issues
that such a checklist, with the administrator’s guidance, can include.
Financial Forecasting
A checklist should include mutual agreement on the nature of the
ready-made book of business that firms expect will come with the
lateral hire. Anecdotal evidence suggests that firms which used to
expect a $1 million book now virtually double that expectation for
new partner hires. The administrator’s checklist can help ensure
such expectations are realistic. The firm making a lateral hiring decision may not believe it will actually get all of such an amount, but reason that if the bar is set high enough, it might get somewhere close
to such an expectation. However, not every lawyer advises major
clients, and not every major client follows the lateral hire. Making
sure the firm is not forecasting revenue that never materializes is essential. Likewise, creating an unrealistically high bar is merely an invitation to fail and to create dissatisfaction or despair on both sides.
Client Relations
What pitfalls can keep new business from materializing? Although clients can request copies of their own files, the departing
lawyer cannot do so with the explicit intent to use them for taking
clients from the firm. In some instances, even if work product was
personally created by the lawyer, the copyright protection on client
files may attach to the documents and reside with the law firm. Client permission is needed to move a file, and a lateral hire checklist
should document whether such permission has been secured by the
new lawyer. And when should this request of the client be made by
30
the lateral? Can such a request legitimately be made before the lateral leaves the former firm? Does the lawyer not owe a duty of loyalty
to the old firm until he/she leaves?
Include on the checklist how well and when the lateral hire has
communicated with existing clients, particularly with regard to their
opportunities to go with the departing lawyer or stay with the existing firm. Without clear communication and a definite agreement to
move their representation, clients may easily engage different legal
representation while their lawyer moves to a new home. The lateral hire checklist should document what client communication was
made, and what was the result.
Receivables
When partners go to new firms and clients follow them, they
generally take their books of “unfinished business.” Clients of course
have a right to seek their own choice of lawyer. But it can be argued
that the profit to the new firm truly belongs to the old firm that provided the intellectual property and physical resources to help earn
the billing. When a failing firm needs to come up with cash, as could
well be the case with Dewey & LeBoeuf, it can make a very plausible
argument that billables which walked out the door with its former
lawyers belong to the originating firm itself and sue the departing
lawyer’s new firm for them. Whether legitimately or not, new firms
have been economically compelled to settle many of such claims in
order to go on with the new firm business for the lawyers they added. In light of this difficulty, a lateral hire checklist should document
what is the status of the new hire’s receivables.
These considerations do not diminish the attractiveness of lateral
hiring. When it is done properly, it is a win-win situation for firm and
lawyer, and for the client. But from the firm’s standpoint a lateral
hire is ultimately a business decision. There is a business side to everything in the firm, even a very attractive new lateral partner with
great talent. Helping to make sure the business details are considered and documented is a legitimate requirement – and a legitimate
firm administrator responsibility.
About the Author: Edward Poll, J.D., M.B.A., CMC, is currently on a national tour to speak to bar associations and law schools, sponsored by Fujitsu
ScanSnap and Lexis Hub. Ed’s extensive background in business and law have
made him one of the nation’s most sought-after experts in law practice management. Check out Ed’s progress at www.lawbiz.com and contact Ed if you
want him to speak to your group.
A wealth of legal salary
data at your fingertips.
Our Salary Center tools offer in-depth compensation data
for more than 70 legal positions. To review salary trends,
calculate local salary ranges and download a FREE 2012
Salary Guide, visit roberthalflegal.com/salarycenter.
Los Angeles · 213.624.8335
865 S. Figueroa St., Ste. 2600
Westwood · 310.209.6829
10960 Wilshire Blvd., Ste. 900
June / July 2012
© 2011 Robert Half Legal. An Equal Opportunity Employer. 0911-5305
31
Diversity Upfront
Robert B. Stevens, CLM
Bennet Bigelow & Leedom, PS
www.alanet/diversity
“We have become not a melting pot but a beautiful mosaic.
Different people, different beliefs, different yearnings,
different hopes, different dreams.”
-Jimmy Carter
Lesbian, Gay, Bisexual and Transgender (LGBT) Pride Month
“Be a first-rate version of yourself, not a second-rate version
of someone else.”
- Judy Garland
For many in the United States, gay pride is something associated
with parades, festivals, and at times people behaving outlandishly
as a sign of being free. The truth is that lesbian, gay, bisexual and
transgender individuals around the globe have been fighting for the
right to be treated with dignity and respect. This struggle dates to
Pre-modern times through the 19th Century movements in Germany
and up to today. But for those of us in the United States, Gay Pride as
we know and celebrate it has its birthplace at The Stonewall on June
28, 1969.
On June 28, 1969, New York City police began a raid at The Stonewall Inn. It was a common occurrence for places where gay people
congregated for police to conduct raids and to extort money from
bar owners. These raids usually happened where the bar owners
knew in advance and could prepare for it with the end result being
a kickback to police as well as patrons often being harassed, beaten,
and arrested. On June 28, 1969, something different occurred at The
Stonewall Inn. When police began the raid, people did not do what
was expected. They fought back against public humiliation and harassment and did so for several days. For many this event is considered to be the beginning of what united the gay community in the
United States and in some parts around the world.
The first Gay Pride parades simultaneously took place in New
York City, Chicago, and Los Angeles one year after The Stonewall Inn
Riots. Today, there are hundreds of Gay Pride parades and festivals
that take place throughout North, Central, and South America, Europe, Australia, and Asia.
Despite increasing acceptance and celebration of LGBT Americans, there are still many social and workplace situations that create
uncomfortable or even hostile conditions for our clients and co-workers. They may not choose to fight back as Stonewall’s patrons did, but
their dignity, satisfaction and happiness are no less important. I want
you to ask yourself this month, “What can I do or do better to lessen
or eliminate conditions in my workplace that are unfriendly to LGBT
individuals?” When you ask yourself that question, you are creating
a better workplace for everyone that walks in your door. When we
allow people to be “first rate versions” of who they are, our firms and
our lives prosper. That is the promise of diversity and inclusion. On
behalf of the ALA Committee on Diversity and Inclusion, Happy Pride
Month to you and your office!
Explore Additional Resources:
Parents, Families and Friends of Lesbians
and Gays (PFLG) - www.community.pflg.org
Human Rights Campaign - www.hrc.org
Lambda Legal Defense - www.lambdalegal.org
Does your firm have a Diversity Program?
We want to hear about your program and may share it in the next GLA ALA Leadership Exchange.
Please contact John Purins of the Magazine Team at [email protected].
32
June / July 2012
33
2 0 1 2
34
S P O N S O R
2012 New Member Drive Contest!
The Business Partner who brings in the most new ALA/GLA ALA
members before November 30, 2012, will receive a free BOOTH
at the 2013 Employment Law Forum (a $750 value!)
The GLA ALA Member who brings in the most new ALA/GLA ALA
members before November 30, 2012, will receive their
2013 ALA and GLA ALA memberships paid!
Contact GLA ALA Membership Chair, Ken Sweet, at
[email protected] to sign up today!
Flashback:
1972 Billboard Number One Songs
American Pie - Don McLean
Let’s Stay Together - Al Green
Without You - Nilsson
Heart of Gold - Neil Young
A Horse With No Name - America
The First Time I ever Saw Your Face - Roberta Flack
Oh Girl - Chi-Lites
I’ll Take You There - The Staple Singers
The Candy Man - Sammy Davis, Jr.
Song Sung Blue - Neil Diamond
Lean on Me - Bill Withers
Along Again (Naturally) - Gilbert O’Sullivan
Brandy - Looking Glass
Black and White - Three Dog Night
Baby, Don’t Get Hooked On Me - Mac Davis
Ben - Michael Jackson
My Ding-A-Ling - Chuck Berry
I Can See Clearly Now - Johnny Nash
Papa Was A Rollin’ Stone - The Temptations
I Am Woman - Helen Reddy
Me and Mrs. Jones - Billy Paul
June / July 2012
Pitney Bowes Legal Solutions, a proud
sponsor of the Greater Los Angeles Chapter
of the Association of Legal Administrators
For more than 30 years, Pitney Bowes has been an industry leader
in document management and support services for the legal industry.
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35
chapter
manager
VICE PRESIDENT*
Terri J. Oppelt, CLM
Stroock & Stroock & Lavan LLP
310-556-5800
[email protected]
SECRETARY
Kimberly Lahs
Greenberg Glusker
310-785-6875
[email protected]
Treasurer
Wayne Mitchell
Alston & Bird LLP
213-576-1159
[email protected]
Lori Akina
TJ Management
805-523-0464
[email protected]
• Membership Questions
• Job Referral Postings
• Business Partners Questions
Amy Freeman
Michelman & Robinson
818-728-5538
[email protected]
Nilo Bolden
Klee Tuchin
310-407-4094
[email protected]
Tanya Russell
Katten Muchin Rosenman LLP
310-488-4400
[email protected]
COMMUNITY CONNECTION
Francie Jones - Chair
Glaser Weil
310-282-6221
[email protected]
Ilene Sturrock
310-470-3710
[email protected]
Communications Chair
Kimberly Holme, CLM
Freeman Freeman Smiley LLP
310-255-6110
[email protected]
Immediate
Past-President*
Jean Jewell, CLM
Kelley Drye / White O’Connor
310-712-6167
[email protected]
Education Chair*
Julia L. Round, CLM
Harris Ginsberg LLP
310-444-6333
[email protected]
BUSINESS PARTNER TEAM
Kristine Koeckenberg - Chair
Bonne Bridges Mueller
213-738-5807
[email protected]
Ken H. Sweet - Chair
213-417-5366
[email protected]
MAGAZINE TEAM
Mary A. McDonnell - Editor
Entertainment Partners
818-955-6228
[email protected]
John V. Purins
Reed Smith, LLP
213-457-8051
[email protected]
Carolyn Smallwood
Erza Brutzkus Gubner LLP
818-827-9131
[email protected]
Maricela Gonzalez
Molina Healthcare
562-435-3666
[email protected]
Luci Hamilton
Karlin & Peebles
323-648-4645
[email protected]
Michelle Liffman, SPHR
O’Melveny & Meyers
213-430-8353
[email protected]
JUSTICE JOG
Norma Ayala – Chair
Gipson, Hoffman & Pancione
310-557-8855
[email protected]
Elizabeth Wagner
Kegel Tobin & Truce, APC
213-380-3880
[email protected]
Ken H. Sweet – Asst Chair
213-417-5366
[email protected]
WEBSITE TEAM
Tiffany St John, PHR - Webmaster
Baker & Hostetler
310-442-8846
[email protected]
Janna Styskal
Cozen O’Connor
213-892-7900
[email protected]
Viviane Abraham
Green Hasson Janks
310-873-1639
[email protected]
Community Programs
PRESIDENT-ELECT*
Lydia A. Tavera
Browne George Ross LLP
424-202-5573
[email protected]
Communications team
Executive Committee and Officers
President*
Shaun M. Morrison
Allen Matkins
310-788-2400
[email protected]
Membership team
board of directors
Jeannine Hamill, PHR
Doll Amir
310-557-9107
[email protected]
HISTORIAN
Jim Van Dusen, CLM
The Morrison Law Group
213-356-5504
[email protected]
* Denotes Executive Committee Member
36
CLM SECTION
Debbie Dahlen, CLM – Co-Chair
RoganLehrman LLP
310-917-4500
[email protected]
IT SECTION
David Neesen – Co-Chair
Greenberg Glusker
310-201-7421
[email protected]
Elaine van Rensburg – Asst. Chair
Early Sullivan
310-788-4707
[email protected]
Jennifer Darien – Co-Chair
The Cochran Firm
323-931-6200
[email protected]
MIT SECTION
Lucia G. Donat – Co-Chair
Glassman Browning Saltsman & Jacobs
310-278-5100
[email protected]
PROGRAMS TEAM
Manjit Ender, PHR - Chair
Fulwider Patton LLP
310-824-5555
[email protected]
CORPORATE/GOVT SECTION
Margo Hall – Co-Chair
Roll Law Group PC
310-966-8763
[email protected]
Melanie Mawema
Barnes & Thornburg
310-284-3776
[email protected]
Angelica Loftin – Co-Chair
CA Dept of Justice
213-897-2196
[email protected]
Helen Youngblood
310-821-5064
[email protected]
EMPLOYMENT LAW FORUM
Barbara Chilton - Chair
La Follette Johnson
213-438-2067
[email protected]
Nancy Dillon, PRH-CA, Asst. Chair
Foley & Mansfield
213-283-2100
[email protected]
FINANCE SEMINAR
Margaret Acossano - Chair
Berkes Crane
213-955-1150
[email protected]
HOSPITALITY TEAM
Katherine Starr – Co-Chair
Allen Matkins
213-955-5642
[email protected]
Vivian Powers – Co-Chair
Yukevich Calfo
213-362-7777
[email protected]
June / July 2012
FINANCE SECTION
Margaret Acossano - Chair
Berkes Crane
213-955-1150
[email protected]
Kameron Stout
Jackoway Tyerman
310-553-0305
[email protected]
HR SECTION
Kim Robinson - Chair
LAUP
213-416-1228
[email protected]
Nicole Callanan
Katten Muchin Rosenman, LLP
310-788-4586
[email protected]
Michelle Liffman, SPHR
O’Melveny & Meyers
213-430-8353
[email protected]
INLAND EMPIRE
Patsy Hinojosa
Best Best & Krieger LLP
951-826-8211
[email protected]
Education - sections
Education
Julia L. Round, CLM, Chair
Harris Ginsberg LLP
310-444-6333
[email protected]
Education - sections
Education - PROGRAMS & Seminars
Education
Chairs
2012 - 2013
Naomi Fang – Co-Chair
Sulmeyer Kupetz
213-617-5251
[email protected]
MULTI OFFICE SECTION
John V. Purins
Reed Smith, LLP
213-457-8051
[email protected]
SANTA BARBARA/VENTURA SECTION
Kaylyn Scott
Brownstein Hyatt Farber Schreck, LLP
805-882-1460
[email protected]
SMALL FIRM SECTION
Emily Schaub
Valensi Rose
310-277-8011
[email protected]
SAN FERNANDO VALLEY SECTION
Scott Dressler - Chair
Ezra Brutzkus Gubner LLP
818-827-9203
[email protected]
Board and Committee
Opportunities
If you have always wanted to be a part of
the board or on a committee, there are still
opportunities available. Big and small roles
are available.
Please contact:
Shaun Morrison, GLA ALA President
37
GLA ALA BOARD UPDATE
Board Crossover - March 31, 2012
Each year the previous Board of Directors meets with the new
Board of Directors to transition board responsibilities. The Board
spent a Saturday at Allen Matkins to exchange ideas and plan for the
new board year.
Region 6 Council Meeting and
Chapter Leaders Idea Exchange– April 22, 2012
Shaun Morrison and several other Board Members attended the
Chapter Leaders Idea Exchange and Region 6 Council Meeting in Ha-
waii. Shaun reported about current Chapter activities and shared
the focus of 40 Years of Leaders in honor of the Chapter’s 40th Anni-
this event. Many ideas from CLI become new initiatives for the Board
and the Chapter.
Board Activities and Committee Updates
The Board is currently reviewing the services of Lori Akina as
Chapter Manager and making sure the role of Chapter Manager is
meeting the needs of our members and the chapter. The Business
Partner Team continues to reach out to our business partners to
support upcoming events and provide Ads for the Magazine. They
have begun planning for the upcoming Business Partner Appreciation Lunch in August.
The Membership Committee is currently promoting the Mem-
versary this year. The Region 6 Council discussed Chapter manage-
bership Connection Program encouraging members to attend more
Region 5 and 6 Educational Conference in Anaheim, CA. The keynote
ness partners are eligible to win for recruiting new ALA and GLA
ment, the possibility of online testing for the CLM exam, ALA’s Am-
bassador Recruitment Campaign starting in May, and the upcoming
speaker for the conference will be Richard Butterfield on the topic of
Leadership. Region 6 Council meeting minutes will be posted on the
GLA ALA website.
ALA Bylaws Amendments – May 2012
The Board reviewed the proposed amendments to the ALA By-
laws and Chapter President, Shaun Morrison casted a vote to approve amendments prior to the May 7, 2012 deadline. The amendments to the Bylaws related to 1) Membership Eligibility in which the
amendment would allow members to be employed by more than one
legal organization and clarifications on definitions for Consultants
and Business Partners; 2) ALA Board’s Composition and Eligibility
allowing Directors to be immediately eligible for another term if his
or her Board services is less that 18 months; and 3) Clarification on
the duties and responsibilities of the Regional Councils, the Regional
Directors and the regions’ roles in selecting Nominating Committee
representatives. The Amended ALA Bylaws are available at www.
alanet.org.The Board will be reviewing its Chapter Bylaws to make
sure they sync up to the new membership criteria eligibility and if
they require updating. ALA is requesting all chapters to update their
bylaws by December 31, 2012.
Chapter Leadership Institute – June 22-23, 2012
The 2012 Chapter Leadership Institute (CLI) will take place in
Snowbird, Utah, where chapter leaders meet each year to learn and
share ideas on chapter management. The Board approved Shaun
Morrison, President, Lydia Tavera, President Elect, Terri Oppelt, CLM,
Vice President, Julia Round, CLM, Education Chair, Manjit Ender, PRH,
events and be active in the chapter. The Membership committee is
also promoting a NEW MEMBER contest where members and busiMembers. The chapter currently has 341 active members and has a
goal to increase members to 356 by December 31, 2012. The Communication Team is identifying the best ways to improve communi-
cation to our members for educational seminars, networking events
and chapter news.
The Education Team is working hard on arranging speakers
for upcoming events and will be having its quarterly meeting on
May 17th.
Committees are working on the Anniversary Party on June 12th,
the Past President’s Luncheon on July 10th, the Financial Seminar
on August25th and the Business Partner Appreciation Luncheon an
August 14th. The Justice Jog team is also getting in high gear for the
6th Annual Justice Jog on Sunday, September 30th.
The Community Connection Team reported on the GLA Mem-
bers that volunteered at the Los Angeles Food Bank in an effort
to support the Food From the Bar program. They also reported
on the upcoming LA at Work Internship Campaign that helps high
school students gain summertime employment at law firms and legal
organizations.
Flashback:
Five White House operatives are
arrested for burglarizing the
offices of the Democratic
National Committee,
starting the Watergate Scandal.
Programs Chair and Carolyn Smallwood Magazine Team to attend
38
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“As a Certified Legal Manager I feel a sense of satisfaction in knowing I am
part of a growing group of legal managers raising the bar for our profession,
and I am glad I went through the process. Studying for the exam helped me
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Confidence. Leadership. Mastery.
Steve Wingert, CLM
2012-2013 ALA President
39
marketing
LAW FIRMS AND SOCIAL MEDIA
Seth J. Horowitz
[email protected]
www.horowitzagency.com
Law firms and social media. Meeting of the minds?
Law firms have been struggling with the use and value of social
media. And that’s understandable. All businesses do. The difference
is that the legal profession is governed by more codes, laws and rules
than most other professions; and that can make this new realm a bit
tricky. There will always be “early adopters” and there will always
be “followers.” Remember the debate about whether or not to build
a web site? The numbers show that the latter group is going from
“wait and see” to “let’s do this.” According to the February 2012 ALM
Legal Intelligence Report, 40 percent of law firms say blogging and
social network initiatives have helped land new clients and 20 percent of firms have a full-time social media specialist on staff. Still a
skeptic? Read on...
How are potential clients going to find you in 2012?
I can assure you they will not be thumbing through the Yellow
Pages. Those days are over. Instead, they will take to the web to
learn about your firm. And they’ll probably do it from their smart
phone. Think of your mobile-optimized web site as your online reception desk, ready to direct visitors to relevant content. Control
that content. Use your blog(s), Twitter feed, Facebook and LinkedIn
Company Pages to control the message. After reading content, potential clients will browse for online reviews (think Yelp!). Sophisticated buyers of legal services still rely on “word of mouth,” which will
probably never go the way of brick and mortar.
What are you going to say?
Obviously, there’s attorney-client privilege. That’s not an obstacle. Write general pieces about trends in your particular area(s) of
the law, recent developments, groundbreaking cases and goings-on
in your community. Be bold. Take a stand on an issue. Make a prediction. Maybe your social media platform will work hand in hand
with Public Relations (that’s another article). Social media is like any
other platform-marketing tactic. Your long-term social media imprint helps define the trustworthiness and uniqueness of your firm,
and strengthens your reputation in your particular area(s) of the law.
40
Who has the time?
Most lawyers say that Marketing is a priority. Only a few back it
with action. We call them rainmakers. Undoubtedly, you will have an
attorney or two who understands the value of social media marketing. I suggest having a plan in place before hiring someone to support those who “get it.” Sure, you can hire a consultancy or person
and have them tweeting and posting in no time. I suggest allowing
the responsible party to spend some quality time around your office
to get a feel for your firm culture and values so that the social media
entries reflect your firm.
Facebook? LinkedIn? Twitter? Pinterest?
Ask your clients and prospective clients what social media sites
they use most. That will give you a pretty good indication of what
forum(s) will work best. Then start researching handles and user
names. You might have to get creative here. It makes sense to start
with one, get it up and running, and go from there. Why? Because all
of your social media is going to bolster your firm’s branding. Make
sure you are maintaining the consistency that truly builds brand equity.
Convinced?
If you’re reading this, you’ve probably tried to convince a lawyer
(1)
something.
Remind them of this. When you procrastinate,
your competitors get a head start. So it’s time to accept that social
media is not a #fad(2) and get going.
(1) From the Facebook Help Center: “What does it mean to like a Page or content off
of Facebook? When you click Like on a Facebook Page, in an advertisement, or on content
off of Facebook, you are making a connection. A story about your like will appear on your
Wall (timeline) and may also appear in your news feed. You may be displayed on the Page
you connected to, in advertisements about that Page, or in social plugins next to the content
you like.
(2) From the Twitter Help Center: “What Are Hashtags (“#” Symbols)? Definition: The
# symbol, called a hashtag, is used to mark keywords or topics in a Tweet. It was created
organically by Twitter users as a way to categorize messages.
About the Author: : Prior to starting Horowitz Agency in 2007, Seth was
the Director of Business Development and Marketing at Greenberg
Glusker, a leading Los Angeles business and entertainment law firm. At Greenberg Glusker, he directed all advertising, branding, business
development and public relations activities for almost a decade. Seth
can be reached at (323) 347-9740, HYPERLINK “mailto:[email protected]” [email protected], HYPERLINK “http://www.
horowitzagency.com” www.horowitzagency.com.
Social Media Ad.pdf
1
4/21/2010
11:40:49 AM
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June / July 2012
43
Section REPORTs
Multi-Office Section
Administrators and HR Professionals Discuss
Dewey & Leboeuf Closing
HR Section
2012 Brinker Update!
Finance Section
Roundtable on Audit Checklist
San Fernando Valley Section
Best Practices for Records Management
Multi-Office Section – 11 Minds are Better Than One!
The quarterly meeting of the Multi-Office Section was held via
video-conference on May 15, 2012, at Reed Smith’s Los Angeles downtown and Century City offices. An open forum roundtable format, with
8 members and 3 guests participating, resulted in a lively exchange of
ideas pertaining to firms that have more than one office location. Discussions revolved around three themes:
• How large and multi-office firms are adapting to
changing times
• Trends in office operations
• Summer event ideas
The date of the meeting coincided with the closing of the 1,100-lawyer firm of Dewey & LeBoeuf (on the heels of other very large and respected firms that closed recently), and this raised questions about
what could be causing such dramatic changes in our profession, and
what it could mean for our firms. One participant suggested that these
firms might not have been nimble enough adapting to changes in the
economy, such as shifting work to lower cost resources and making
tough decisions to keep expenses in line with falling revenues. Another
mentioned that global factors can have a big impact – even if a law firm
does not have offices outside of the U.S. – because key clients might
have an unsteady international platform.
As for office operations, it appears that most firms have adopted
some kind of networked electronic document management system, so
that documents are scanned into electronic “folders” or workspaces so
that they are organized and can be accessed by the appropriate personnel (matter centricity). Not only is this more efficient, but is saves
on storage space – several boxes of files can be converted to a few CD’s.
There have also been improvements in scanning hardware and software, such as systems that preview the scanned pages on screen to ensure quality. It was noted that there is increasing need for scanning and
printing in color – something to consider when acquiring new equipment. Another continuing trend, which we have discussed in previous
meetings, is the increasingly aggressive ratios of administrative staff to
timekeepers. Secretarial ratios are as high as 8:1, and this is achieved
by investing in additional, lower cost resources to handle administrative tasks, with legal secretaries focusing on tasks that require their
experience and expertise.
The meeting concluded with a quick review of summer event ideas.
44
Clearly, we have clever and imaginative office administrators, with
ideas such as:
• Progressive dinner party. Rent a bus, and transport participants to a different attorney’s home for each course (cocktails, appetizers, main course, dessert).
• Horseback riding in Malibu.
• Chili cook-off.
• Party at a partner’s house.
• After-work pizza in the office, followed by a movie outing,
with everyone provided with movie passes and snack
coupons.
• Group outing at a theme park or Santa Monica Pier.
• Establish a staff “Fun Committee” to organize events.
The next meeting is scheduled for Tuesday, August 21. Be sure to
check the GLA ALA Calendar and sign up to attend. We want YOU to
join the conversation, and you will get to know other members who
have probably faced the same workplace challenges as you, so bring
your questions and ideas! For more information about the Multi-Office
Section, contact John Purins at [email protected].
HR Section
Brinker v. Superior Court: The California Supreme Court Finally
Hands Employers the Break for Which They Have Been Waiting
The Human Resources section met on Thursday, April 19, 2012,
to discuss the Brinker decision, which changes how employers
handle meal and rest breaks. Labor & Employment Partner, Beth A.
Schroeder, of Lathrop & Gage LLP, spoke to a group of about 50 administrators and gave a thorough explanation of how this decision will affect the workplace for hourly California workers. The meeting was held
at the Century City offices of O’Melveny and Myers and was sponsored
by Network Deposition services.
The following alert regarding the Brinker v. Superior Court decision
has been reprinted with permission by Lathrop & Gage LLP.
On April 12, 2012, the California Supreme Court finally issued
a long awaited decision in the seminal case of Brinker Restaurant v.
Superior Court, and ruled that while California workers have a legal
right to take their rest and meal breaks on the job, employers are
“not obligated to police meal breaks and ensure no work thereafter is
performed.”
Brinker was decided at the appellate level on July 22, 2008, and has
been pending before the Supreme Court for nearly four years. Among
other issues, the Court finally answered the question of whether employers, in accordance with Labor Code Section 512, need to “ensure”
that employees who work at least five hours MUST take their full 30
minute meal breaks, or whether employers may merely make the meal
breaks available to those employees. The Supreme Court ultimately
ruled that an employer satisfies its obligation under California law if
“it relieves its employees of all duty, relinquishes control over their
activities and permits them a reasonable opportunity to take an unin-
terrupted 30-minute break, and does not impede or discourage them
from doing so.”
Fortunately for employers, the good news did not stop there. Contrary to the position taken by many plaintiffs’ attorneys in years past,
the Supreme Court similarly clarified that the Labor Code and applicable IWC Wage Orders do not dictate in what sequential order meal
and rest periods must be taken, nor do they prohibit an employer
from scheduling meal periods early within the shift. Thus, while the
first meal break must be made available within the first five hours,
the Supreme Court held “we cannot agree that the current version
of Wage Order No. 5 limits to five hours the amount of work after a
meal.” That means that an employee may take their meal break and
then work another six hours after, and the employer would still be in
compliance. Finally, the Court upheld the appellate court decision that
the off-the-clock work was not appropriate for class certification. “On a
record such as this, where no substantial evidence points to a uniform,
companywide policy, proof of off-the-clock liability would have had to
continue in an employee-by-employee fashion.”
This highly anticipated decision provides much needed clarity and
relief on an issue that has plagued the California courts with countless
lawsuits and caused operational nightmares for restaurants and other
employers throughout the state. Further, because the Court issued an
interpretation of existing law, this decision should be applied retroactively and to pending lawsuits. While the Brinker decision should allow employers in all industries to breathe a sigh of relief, that is not
to say that meal and rest break claims will disappear. The Court did
confirm that meal and rest break issues may still be decided by way
of class-action lawsuits. Compliance, according to the Court, will vary
from industry to industry. Employers wishing to capitalize on the flexibility that Brinker provides must immediately ensure that they have
written policies in place advising employees of their right to take meal
and rest breaks, and emphasize the timing of those breaks. Such policies should specifically instruct employees to notify someone in upper
management or human resources, in writing, if they have requested
but have been denied the opportunity to take a meal and/or rest break.
The Court also made clear that employers may not in any way pressure
employees to work through their meal breaks by way of “ridicule or
reprimand,” and therefore, it is more important than ever to train management staff on the proper way to handle these breaks.
© 2012 LATHROP & GAGE, ALL RIGHTS RESERVED
For more information on the April 19th HR section meeting and detailed notes, please contact Kim Robinson at (213) 416-1228 or Nicole
Callanan at (310) 788-4586. The next HR section meeting will also cover
the Brinker decision and will be held Thursday, June 7, 2012, at Reed
Smith LLP’s downtown location.
FINANCE Section
The first Finance Section Meeting of the new fiscal year was held on
Tuesday, April 17, 2012, at Allen Matkin’s Downtown and Century City
Offices. The topic for the meeting was a roundtable discussion of documentation for firms to provide to their CPA for year-end tax prepara-
June / July 2012
tion purposes. A checklist of key documents to have in case of an audit,
the purpose of these documents, and deadlines for common tax filing
requirements were discussed.
The next Finance Section meeting is scheduled for Tuesday, July 17,
2012, to be held at Allen Matkin’s Downtown and Century City offices
from 12 noon to 1:00pm. Lunch will be provided by our sponsor Complete
Office. The topic for this meeting is “How to Create a Standard Daily Cashflow Report” to be presented by Kameron Stout. For further information
on the Finance Section, please feel free to contact Margaret Acossano at
(213) 955-1150, [email protected], or Kameron Stout at (310)
553-0305, [email protected]..
San Fernando Valley Section
The San Fernando Valley Section met on Thursday, May 17, 2012,
from 12:00 PM – 1:30 PM at Ezra Brutzkus Gubner LLP in Woodland
Hills, CA. There were 11 in-person attendees and 5 groups of members
participating via video and teleconference. Legal Option Group, Inc.,
and Joel Mendelsohn, sponsored the meeting, provided lunch and Jelly
Belly gift bags to all the in-person attendees. The meeting was jammed
packed full of extremely important and useful information on document management and retention. The presentation earned a rating of
3.7 from the evaluations and was recorded for those who could not attend (please contact Scott Dressler, [email protected], for more
information).
“How Cold is Your Storage?” was the topic for this meeting and was
presented by Virginia Jo Dunlap, Esq., and Robert Blatt of Electronic
Image Designers, Inc. (“EID”). The presentation looked at best practices for records, archive and data content management, as well as the
planning and implementation of trusted content management systems
using today’s industry standards.
The presenters focused on five key elements that should be considered when implementing any Electronic Document Management
System (“EDMS”):
1. Frequent drivers causing need for content management. Paper overload, electronic overload, cost of content overload
and confidence in accuracy of stored electronic information.
45
2. Established Standards and Best Practices. Association of Information and Image Management (“AIIM”), International
Organization for Standardization (“ISO”), Association of Records Managers and Administrators (“ARMA”) as well as State
and Federal Laws.
3. Starting the process for managing your Electronic Stored Information (“ESI”). Who should be involved? Every department in the firm should play a key part in implementing the
EDMS, from business units and end users, to management
and IT staff.
4. Assessment and evaluation. Review your existing system and
any audit trails, evaluate information integrated into it and
how information is accessed, and also analyze the environment in which data is stored.
5. Developing an Electronic Content Management (“ECM”) system. There are six phases to keep in mind: objectives and
goals, business requirements, document taxonomy and user
interface requirements, preparing procurement documents
and selecting a solution, design system and implementation.
EID also talked about E-Discovery and some important questions
to consider. Do you know where all your information is stored? Is your
Discovery Response Plan ready to implement? Are you able to place
a legal hold on all electronic materials? Can you demonstrate the “authenticity” of your ESI?
For more information on how your law firm can develop and implement or enhance an ECM system, please contact Electronic Image Designers, Inc., at (805) 529-0600 or www.eid-inc.com.
The San Fernando Valley Section’s next meeting is August 16, 2012,
from 12:00 PM – 1:30 PM at Ezra Brutzkus Gubner LLP in Woodland
Hills. The topic for this upcoming meeting is “How to Motivate Your Attorneys for a Successful and Cost-effective Retreat.” The August meeting is
being sponsored by Jeremy D. Pink, CFP, and Boston Private Bank & Trust
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The newly renovated Grand Salon Ballroom at InterContinental Los Angeles accommodates 400 for a reception, 300 for a seated dinner
and 200 classroom style. The adjoining Grand Salon Foyer has also been extended and makes a perfect break or pre-reception area. With
chrome, white and charcoal accents, this elegant ballroom space is an ideal backdrop for any event with a modern and sleek look and feel.
With built in LED lights, and state of the art technology, the timeless Grand Salon Ballroom is the perfect choice for any meeting, wedding
or special event. For all event queries, please contact Robert Nichols, Director of Catering, at [email protected] or call 310 284 6500.
2151 Avenue of the Stars, Los Angeles, CA 90067
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46
5/17/12 11:21 AM
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Across
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14. Income Statement
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8. Current Ratio
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Down
2.Financing
4. Cost
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11. Balance Sheet
13.Credit
16.FICA
3.Accrual
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10.Hard Costs
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JUSTICE JOG 2012
5K RUN/WALK
Justice Jog 2012 - 5K RUN/WALK
SUNDAY, SEPTEMBER 30, 2012
8:00 am to 10:30 am
Century City
Net proceeds from this event will benefit
Community Challenge
Weekend
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FOR MORE INFORMATION:
Online: www.active.com or
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Registration fee includes t-shirt & breakfast
VOLUNTEER OPPORTUNITIES:
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June / July 2012
51
Lori Akina
Chapter Manager
207 W. Los Angeles Ave., #218
Moorpark, CA 93021
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June/July - Greater Los Angeles Chapter

Transcription

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