Attorney Journals, San Diego, Volume 242

SAN DIEGO

Volume 242, 2023 $6.95

Ways to Craft a Forward-Looking Marketing Strategy

Stefanie Marrone

Selling Legal Services: The Art of Effective Questioning

Jim Cranston

How Small Businesses Hire Lawyers

Katie Hollar Barnard

Discover Ways HR Technology Drives Organizational Success

Noel Diem

Bracing for a Generative AI Revolution

Ty Dedmon

In Times of Planning Uncertainty, Fall Back on the Basics

Michael Short

Attorney of the Month

Rahul Ravipudi

Panish | Shea | Boyle | Ravipudi LLP Serving San Diego Keeping the Moral Compass Pointing North

SPECIALIZING IN COMPLEX BUSINESS LITIGATION

BET-THE-COMPANY CASES OVER 65 YEARS OF COMBINED EXPERIENCE REFERRALS/SUBSTITUTIONS ACCEPTED AT ALL STAGES OF LITIGATION, INCLUDING TRIAL • $22,659,551 settlement for clients defrauded in a local Ponzi scheme in Levin v.

Chicago Title, et al. (2021)(Michael Kirby & Jason Kirby).

• Complete defense jury verdict in real estate dispute and more than $400,000 collected for attorneys’ fees and costs in Batter v. McElhinney, et al. (2019)(Jason Kirby).

• $2.1 million jury verdict for firm client in Doe v. San Diego Unified School District, et al. (2018)(Jason Kirby & Michael Kirby).

• $1.1 million arbitration award for firm clients on cross-complaint after zeroing plaintiff on $6 million damage claim in Step Strategy Advisors v. Solid Gold Health Products for Pets, Inc., et al. (2018)(Jason Kirby lead counsel).

501 West Broadway | Suite 1720 | San Diego, CA 92101 | 619-487-1500 | www.kirbyandkirbylaw.com

2023 EDITION—NO.242

TABLE OF CONTENTS 6 Ways to Craft a ForwardLooking Marketing Strategy

by Stefanie Marrone

10 Understanding How Small Businesses Hire Lawyers

by Katie Hollar Barnard

12 Selling Legal Services: The Art of Effective Questioning

by Jim Cranston

EXECUTIVE PUBLISHER Brian Topor

ATTORNEY OF THE MONTH

16 Rahul Ravipudi, Panish | Shea | Boyle | Ravipudi LLP, Serving San Diego Keeping the Moral Compass Pointing North

EDITOR Wendy Price PUBLICATION DESIGN Penn Creative CIRCULATION Angela Watson PHOTOGRAPHY Chris Griffiths STAFF WRITERS Dan Baldwin Jennifer Hadley CONTRIBUTING EDITORIALISTS Jim Cranston Ty Dedmon Noel Diem Katie Hollar Barnard Stefanie Marrone Michael Short ADVERTISING INQUIRIES Info@AttorneyJournals.com SUBMIT AN ARTICLE Editorial@AttorneyJournals.com OFFICE 30213 Avenida De Las Banderas Suite 200 Rancho Santa Margarita, CA 92688 www.AttorneyJournals.com ADDRESS CHANGES Address corrections can be made via email or postal mail.

6

by Dan Baldwin

16

22 How HR Technology Drives Organizational Success

by Noel Diem

24 In Times of Planning Uncertainty, Fall Back on the Basics

by Michael Short

26 Bracing for a Generative AI Revolution in Law

by Ty Dedmon

26

Editorial material appears in Attorney Journals as an informational service for readers. Article contents are the opinions of the authors and not necessarily those of Attorney Journals.

Attorney Journals makes every effort to publish credible, responsible advertisements. Inclusion of product advertisements or announcements does not imply endorsement.

Attorney Journals is a trademark of Sticky Media. Not affiliated with any other trade publication or association.

Copyright 2023 by Sticky Media. All rights reserved. Contents may not be reproduced without written permission from Sticky Media.

Printed in the USA

OVER $1.5 BILLION WON FOR CLIENTS PAST RESULTS DO NOT GUARANTEE FUTURE SUCCESS

NEVADA REFERRAL & CO-COUNSEL RELATIONSHIPS NEVADA’S LARGEST & HIGHEST RATED INJURY LAW FIRM “Rick is one of the best lawyers in the country. I call him every time I have any issue in Nevada and would not hesitate to refer him any type of case of any size.” ~ C. Michael Alder, Esq., Alder Law, Los Angeles, California, CAALA Past President and Former Trial Lawyer of the Year

RichardHarrisLaw.com

801 SOUTH 4TH STREET | LAS VEGAS, NV 89101 6900 SOUTH MCCARRAN BLVD., #1010 | RENO, NV 89509

How to Craft a ForwardLooking Marketing and Business Development Strategy in 2024

by Stefanie Marrone

T

he legal industry is experiencing a transformative era driven by new technology, changing client expectations and a globally connected business landscape. As we head into 2024, law firms need to devise and implement a fresh approach to marketing and business development, regardless of their size.

Here’s how to devise a strategy tailored to your firm’s needs.

Why Your Law Firm Needs a Marketing and Business Development Strategy Law firms, irrespective of their size or specialization, are vying for a share in a market where clients are more informed, discerning and cost-sensitive than ever before. A clearly articulated strategy not only provides direction, clarity and focus for a firm’s growth efforts but also serves as a compass, ensuring alignment in decision-making and resource allocation.

Writing it down crystallizes intent, fosters accountability and facilitates communication across the firm, making the strategy tangible and actionable. Not having a strategy document can lead to missed opportunities, rendering firms reactive rather than proactive. Crafting, documenting and implementing a strategy now allows law firms to seize opportunities, positioning them for the challenges and opportunities in the new year.

Understanding the Different Needs of Law Firms by Size The same strategy and tactics for implementation of a law firm marketing strategy is not one size fits all because every firm is different, and has unique challenges and advantages, budgets, talent and practice and industry strengths. That being said, it’s important to understand the differences between the firm sizes so that firms can create a bespoke and effective marketing strategy.

SMALL FIRMS • Challenges: Limited resources, brand recognition and expansive competition from similarly sized competitors.

• Strengths: Agility, personal client relationships, niche specializations.

6

Attorney Journals San Diego | Volume 242, 2023

MID-SIZED FIRMS • Challenges: Positioned between nimble smaller firms and resource-rich larger ones, these firms face competition from both sides.

• Strengths: Broader service range, a mix of agility and resources, potential for strategic partnerships.

LARGE FIRMS • Challenges: Maintaining innovation, ensuring consistent branding across global locations, managing vast human resources.

• Strengths: Established brand recognition, abundant resources, diversified expertise, global reach.

KEY TAKEAWAYS • Adaptability is paramount. The landscape will continue evolving and rigidity can lead to obsolescence.

• Understand your firm’s unique value proposition and communicate it effectively.

• The era of digital dominance continues. Online marketing, social media marketing, virtual networking and remote consultations will remain crucial.

• Client-centric approaches win. Understand their changing needs and adjust your strategies and tactics accordingly.

How to Create a Law Firm Marketing and Business Development Strategy Let’s explore the essential components for a comprehensive marketing and business development strategy for law firms and how to create a strategy document.

1. Executive Summary: Begin with a concise overview of your strategy’s purpose, highlighting primary objectives and the anticipated outcomes. This provides a snapshot for stakeholders who need a quick understanding of the strategy’s direction.

2. Firm’s Vision and Mission: Reiterate your firm’s foundational vision and mission. This section acts as a reminder of your firm’s core values and the overarching goals you aim to achieve, ensuring alignment in all strategies.

3. Client Segmentation and Profiling: Detailed information about your current and potential client base.

Recognize patterns in client industries, sizes and needs to tailor your services and marketing message.

4. Competitive Analysis: A thorough examination of direct and indirect competitors, understanding their strengths, weaknesses, opportunities and threats (SWOT). This will help identify market gaps and areas where you can differentiate your services.

5. SWOT Analysis for Your Firm: Understand your firm’s internal and external factors that could impact future growth. This gives a holistic view of the environment in which you’re operating.

6. Digital Presence Assessment: With the growing importance of online platforms, review your website, social media channels, online reviews and any other digital touchpoints.

Assess their effectiveness and areas for improvement.

7. Goals and Objectives: Set clear, measurable and timebound goals. Whether it’s expanding into a new practice area, increasing client acquisition by a certain percentage or boosting online engagement, ensure every goal aligns with the firm’s broader mission.

The Components of a Marketing and Business Development Strategy Here are the key areas your marketing and business development strategy document should include. Putting this together will involve interviews with key stakeholders; research on clients, competitors and peers; analytics from past marketing initiatives; data on client revenues; and an understanding of market factors, including opportunities and challenges.

1. Objective: Clearly define what you aim to achieve, e.g., increase client acquisition by 15% in the next year, raise visibility of certain practices, support the marketing efforts of new laterals or a new office, etc.

2. Target Audience: Identify and understand your ideal clients by practice and industry.

3. Value Proposition: Articulate why clients should choose your firm over competitors.

4. Channels: Decide where you’ll promote your services— from digital platforms, to content marketing to events and everything in between.

5. Action Plan: List activities to achieve your objectives, assigning responsibilities and deadlines for strategies and tactics.

6. Budget: Estimate financial resources required for each activity (sponsorships, consultants, technology, training, etc.) and budget accordingly.

8. Tactics and Initiatives: Outline specific actions to achieve the set objectives. This could involve launching a new content marketing campaign, investing in new CRM software or hosting regular client feedback sessions.

7. Monitoring & Evaluation: Define metrics to measure success and schedule periodic reviews of strategies and tactics.

9. Budget Allocation: A detailed financial plan outlining the allocation of resources for each tactic. This should include projections for expected returns on investments.

Here are some innovative marketing ideas, segmented by law firm size.

10. KPIs and Metrics: Define key performance indicators to track progress against objectives. These could range from website traffic and conversion rates to client retention rates or revenue per client.

11. Feedback and Iteration: Establish a process for regular strategy reviews, allowing for adjustments based on results, feedback, and changing market conditions.

12. Stakeholder Engagement Plan: Outline how you will keep partners, associates and other key firm members informed and engaged in the strategy’s rollout and progress.

13. Risk Management: Identify potential risks and challenges that might hinder the strategy’s success, along with mitigation plans for each identified risk.

Creative Implementation Ideas

FOR SMALL FIRMS • Localized SEO: By optimizing your website for local search terms, you can better position your firm to attract clients in your vicinity.

• Community Involvement: Active participation in local events, pro-bono legal clinics or community-based activities not only boosts your firm’s visibility but also builds trust and goodwill within the community.

• Testimonials and Case Studies: Showcase success stories or testimonials from satisfied clients to build credibility. This word-of-mouth marketing can be particularly compelling for small firms seeking to establish their reputation.

Attorney Journals San Diego | Volume 242, 2023

7

FOR MID-SIZED FIRMS • Webinars & Workshops: Regularly hosting informative sessions on legal topics can solidify your firm’s position as an industry expert. These platforms also offer an opportunity for direct engagement with potential clients.

• Strategic Partnerships: By joining forces with noncompeting firms or businesses, such as accountants or financial advisors, you can extend your reach and offer complementary services to a wider clientele.

• Referral Programs: Given their position between small and large firms, mid-sized entities can benefit immensely from referral programs, encouraging satisfied clients to refer others in exchange for certain incentives.

FOR LARGE FIRMS • Thought Leadership: Establishing your firm as a thought leader, through comprehensive research, insightful articles and opinion pieces, can significantly enhance brand authority and attract high-profile clients.

• Tech Integration: Embrace the latest technological innovations. Implement AI-driven chatbots to handle initial client queries, utilize a sophisticated CRM system to enhance client relationship management and explore VR capabilities for offering immersive virtual office tours or client meetings.

• Global Networking: Large firms often have an

international presence. Capitalize on this by organizing or participating in global legal symposiums, workshops and conferences. This not only elevates the firm’s global profile but also helps in cross-border client acquisition.

Conclusion Recognizing the nuanced needs based on firm size is essential.

Small firms, while agile and specialized, grapple with limited resources and competition. Mid-sized firms have a blend of agility and resources but compete with both smaller and larger counterparts. Large firms, boasting global reach and abundant resources, must strive for consistent branding and innovation.

Success hinges on adaptability, a strong digital presence and a client-centric focus.

Implementing tailored strategies—like local SEO for small firms, webinars for mid-sized ones or AI integration for large firms—can drive business growth. The takeaway? Be proactive, leverage unique strengths and keep innovation at the forefront for optimal marketing success in 2024. n Stefanie Marrone advises law firms of all sizes, professional service firms, B2B companies, recruiters, and individuals on the full range of marketing and business development consulting services designed to enhance revenue, retain current clients, and achieve greater brand recognition. She also serves as outsourced chief marketing officer/ marketing department for small and mid-size law firms.

NATIONWIDE ADA COMPLIANCE SOLUTIONS

Are You a Business Owner OR Attorney With a Client Who is Dealing With an ADA Violations Lawsuit?

Don’t Panic! (ACT) Now! We have the answers and solutions to all of your ADA compliance issues for your business and/or client.

ADA Compliance Team, Inc. (ACT)

COMPLIANCE SURVEYS / ACCESSIBILITY SOLUTIONS / TRANSITION PLANS

8

Attorney Journals San Diego | Volume 242, 2023

2041 Riviera Drive Vista, CA 92084 (760) 940-6106 adacomplianceteam.com

Understanding How Small Businesses Hire Lawyers

by Katie Hollar Barnard

F

rom startups to multigenerational enterprises, there’s considerable opportunity for lawyers to serve small businesses—but little attention given to the demographic.

Much of the legal press is concentrated on the largest corporations, but consider this: The average small business has 13 potential legal problems every year, and there are 33 million small businesses operating in the United States.

Eighty-seven percent of those small businesses do not have in-house lawyers—meaning more than potentially 373 million matters could be outsourced to law firms every year.

How can you best connect with and serve these potential clients?

While we found no shortage of surveys on in-house counsel or individual consumers, we struggled to find reliable intelligence on how small businesses hire lawyers— so we created our own.

Firesign conducted a survey of 100 small business owners and leaders to learn about their buying behavior when it comes to lawyers and law firms. In this article, we will look at how to reach small businesses before they have a specific legal need.

Before a Legal Need It’s important to understand that small business operators are unlikely to engage with you before they need you. They are, after all, stressed and pressed: according to a survey by Entrepreneur, more than 40 percent of founders work more than 50 hours a week, and 41 percent feel stressed “pretty much every day,” with “never a dull moment.”

They are not active consumers of legal news: Only 20 percent of respondents said they “frequently” educate themselves on legal issues, and 25 percent said they “never” do.

They are unlikely to come to your conferences or webinars: Only 4 percent said they attend law firm educational events.

So how do you reach them?

• Traditional media. Nearly half—46 percent—said they learn about legal developments through trade

10

Attorney Journals San Diego | Volume 242, 2023

publications that cover their industry; the same percentage said they read the general business press.

• Law firm content. Thirty-seven percent will read law firm content on a law firm website or through direct communication, such as a client alert. By contrast, only 4 percent use legal news aggregators, showing these tools are best for targeting other lawyers, from in-house counsel to referral sources.

• Social media. About one-third—29 percent—look to platforms like LinkedIn to keep them abreast of relevant legal news.

Interestingly, this order of preference is aligned with perceived reliability: Not only are news articles the most consumed, they are seen as the most trustworthy. Specifically, at 29 percent, trade media was seen as the most reliable news source. Law firm content followed at 26 percent Despite its popularity, content on general social media feeds was only viewed as reliable by 6 percent.

We also asked small business respondents to provide any additional outlets they turned to for legal updates, and it’s worth noting that trade associations were mentioned multiple times.

KEY TAKEAWAYS: MARKETING BEFORE A LEGAL NEED Do: • Pursue quotes and bylined articles in the media, especially relevant trade publications.

• Post content on LinkedIn—and expect better circulation on lawyers’ personal posts versus the general firm account.

• Seek opportunities to share your expertise with trade associations, which enjoy high levels of small business trust. Explore opportunities to speak and write for them.

Don’t: • Assume small business operators are up to speed on relevant legal news. Provide context and recaps in your content.

• Rely on events to reach this demographic; they are too busy.

• Try to reach small business operators through legal news sites or syndicators.

From Taxes to Torts There’s considerable opportunity for law firms to serve the nation’s 33 million small businesses, a demographic with the potential to generate upwards of 420 million legal matters each year.

But this group doesn’t behave as consumers or corporations do, and their engagement varies depending on their buying stage. Firesign surveyed 100 small business owners and leaders to learn how they scout and select lawyers. In the first part of our series, we looked at how they interacted with lawyers and law firms before they had a specific legal need. In this installment, we’ ll explore what happens after that need arises.

When a problem (or opportunity) surfaces that merits lawyer involvement, where do small businesses turn?

To their networks, by a wide margin: 63 percent of small business scouting lawyers will ask colleagues and friends for a referral, and 31 percent will ask another lawyer. These numbers absolutely dwarf other avenues; the next-highest response, “Searching for the relevant subject matter, i.e. ‘employment lawyer’,” was only used by 9 percent.

It’s conventional wisdom, but a key point all the same: Small business clients are three to seven times more likely to seek lawyers by referrals than any other tactic.

But they may not make their decisions based on referrals alone; in fact, a large number of small business operators conduct due diligence on the lawyer recommended to them. More than half (55 percent) review search results for the lawyer’s name; 44 percent review search results for the lawyer’s firm.

And a note of caution: A not-insignificant amount (18 percent) review the lawyer’s social media profiles. With this in mind, schedule a quarterly review of your LinkedIn page: Is it complete, accurate and relevant to your audience?

Does it provide your contact information? At the same time, review the privacy settings on more informal social channels, such as X, Instagram and Facebook, to ensure new acquaintances only see what you want them to.

When it comes to establishing credibility with this audience, the most critical and trusted tool is the lawyer biography, used by 92 percent of small business operators in

their selection process. Among the other valued tools: online reviews (83 percent) and law firm content (72 percent).

It’s interesting to note the shifting role that law firm content plays as a small business moves along its legal buying journey. Before an incident occurs, recall that 37 percent of these clients will browse law firm content. After, law firm content is cited as helpful to lawyer selection by nearly double that amount. This should be taken into account for law firm marketing strategies; what topics and types of content can help you close?

For these individuals—potential small business clients with a specific need, actively shopping for a solution—the best content is practical. Instead of publishing Supreme Court updates or broad explorations of a given subject, think pragmatically, and focus on what can help them understand the process. This can include Frequently Asked Questions, definitions of relevant legal terms, a list of documents a client would need to get started, or a general timeline.

Assuming due diligence goes well, nearly half—46 percent—of small business operators will consider just one lawyer for their problem. And they act fast, with 60 percent hiring a lawyer within one week. Entrepreneurs move fast—and they want fast solutions to their problems.

Law firms that are unresponsive or overly bureaucratic with Intake can risk losing this business to a faster, nimbler rival.

What Marketing Strategies Can Help You Win the Business of Small Business?

• Cultivate strong referral networks (and practice good referral karma). Make sure referrals are a key component of any coaching or business development training curriculum.

• Be vigilant on your online profiles, from your biography to social media pages.

• Have a proactive strategy to collect positive reviews, and keep an eye on sites like Avvo to address negative reviews.

• Speed-test your intake process to ensure you match your prospects’ sense of urgency. n Katie Hollar Barnard Is the Founder and Chief Executive Officer for Firesign to help legal industry clients attract, win, and retain business. She draws upon more than 10 years of experience at two of the nation’s largest law firms to build brands that connect and business plans that deliver. Learn more at www.firesignmarketing.com.

Attorney Journals San Diego | Volume 242, 2023

11

Selling Legal Services: The Art of Effective Questioning

by Jim Cranston

In the realm of legal services, successful client acquisition isn’t about diving straight into a sales pitch. Picture this: You walk into a doctor’s office, and before you can say a word, the physician launches into a sales spiel about their services. Sounds off-putting, doesn’t it? There’s a natural flow to effective communication, especially within the sales process. Surprisingly, many attorneys miss this crucial point and rush into the pitch, overlooking the power of a well-structured conversation.

Far too often, aspiring rainmakers assume that business development equates to relentless pitching. In reality, successful business development starts with a fundamental skill—listening. And the cornerstone of effective listening? Asking the right questions. The better your questions, the more business you’ll secure.

So, here are some strategies to help you prepare for and maximize the value of your next business development meeting.

1. Define Your Objective Before your meeting, take a moment to clarify your goals. What do you aim to achieve from this interaction? Script several questions that align with your objectives. Craft queries that unearth a client’s priorities, challenges, or initiatives.

or regulatory changes. Alternatively, delve into issues or projects your client is currently involved in, drawing from your pre-meeting research.

3. Master the Art of Follow-Up Pay close attention to the keywords and phrases your client uses during the conversation. Show that you’re actively engaged by reiterating what you’ve heard. Then, demonstrate your genuine interest by asking follow-up questions that delve deeper into the topic. This not only shows your attentiveness, but also rewards the client for sharing their insights.

By leading with insightful questions, you’ll uncover the client’s needs and concerns before offering any solutions.

This approach allows you to diagnose before you prescribe, leading to more fruitful and favorable outcomes for both you and your clients.

The path to selling legal services isn’t a one-size-fitsall sales pitch; it’s a personalized journey that begins with the art of asking effective questions and truly listening to your prospective and existing clients. By mastering this skill, you’ll not only build stronger client relationships but also enhance your overall business development success. n Jim Cranston is a co-founding principal of

2. Stimulate Engaging Conversations

LawVision and widely recognized as a leading authority on sales and business development in the legal industry. His innovative method for teaching sales skills to lawyers and law firm executives consistently helps

Kickstart the dialogue with a relevant topic or two.

Consider discussing subjects that dovetail with your legal services, such as recent legislation, industry trends,

12

Attorney Journals San Diego | Volume 242, 2023

legal professionals win new clients and grow firm revenue. Learn more at www.LawVision.com.

14

Attorney Journals San Diego | Volume 242, 2023

Keeping the Moral Compass Pointing North

by Dan Baldwin

All of our cases involve tragic circumstances in which we seek monetary damages from corporations, negligent parties, and insurance companies. We represent individuals and their families in personal injury, wrongful death, and business litigation. Our clients are experiencing the worst possible times of their lives and representing them to the best of our ability requires always having your moral compass pointing north; there’s no room for ego, pride or getting your name in lights. It’s always, always about the client,” says Rahul Ravipudi, Partner in Panish | Shea | Boyle | Ravipudi LLP. Ravipudi joined the firm 17 years ago and handles catastrophic injury and wrongful death cases involving commercial vehicles, dangerous conditions, industrial accidents, sexual assault and abuse, illegal business practices, and utilities and public entities that have endangered the safety of the public.

He is consistently ranked at the top of his profession for his work in plaintiffs’ personal injury litigation. Ravipudi is a past recipient of the Consumer Attorney Association of Los Angeles (“CAALA”) Trial Attorney of the Year award and was named the 2023 Best Lawyers® Lawyer of the Year in Mass Torts/Class Action-Plaintiffs. He recently was selected to join the exclusive Inner Circle of Advocates—a group of 100 of the top personal injury attorneys in the United States. Client comments are testimonials to the effectiveness of his moral compass approach to law.

“Ever have a wheel come off a vehicle and hit your car while traveling down the highway at 60 miles an hour? I hope not—but I did. That’s when I contacted Panish | Shea | Boyle | Ravipudi LLP. My partner and I were setting off on a weekend getaway when out of nowhere a wheel impacted the upper left side of our vehicle. We were both incapacitated. Fortunately, I regained

16

Attorney Journals San Diego | Volume 242, 2023

consciousness and was able to safely drive our car to the shoulder.

However, my partner was not responsive, was in respiratory failure, and was critically injured.

The team at Panish | Shea | Boyle | Ravipudi LLP led by Mr. Rahul Ravipudi, who visited my partner in hospital the day of his surgery, worked tirelessly to ensure we received remuneration for our injuries, pain and suffering, and sufficient monies to live comfortably the rest of our lives. Our lawyer, Mr. Ravipudi, is amazing! There truly are not enough positive adjectives to describe how he kept us informed, showed concern and genuine love for us and our outcome!”

Ravipudi says, “I want to have an impact for my clients, but also for our society. How do we prevent these things from happening again? What can we do to make sure others don’t have to suffer the tragic consequences suffered by our clients?

Our firm’s focus on corporate reform, legislative practices, and working to ensure that corporations develop higher standards of care is one of the answers. It’s always in our mindset. I am driven to make our community a better place, not only for my own wife and kids, but for everybody.”

Practicing the Science of Law Ravipudi’s diverse areas of practice during his career provide a significant advantage to his clients. For example, his background in science provides him with a keen understanding and an ease in grasping and learning the scientific and technical issues that often are present in his practice areas. He has successfully handled incredibly sophisticated anti-trust and complex business litigation matters, which has given him the ability to effectively communicate about those issues in court.

JOURNALS

ATTORNEY

OF THE MONTH

©Christopher TODD Studios

2023

Rahul Ravipudi, Partner

His interest in science and technology developed from exposure to a family deeply-rooted in the sciences. His father received his Ph.D. in Chemical Engineering from Vanderbilt; his mother received a double master’s in Environmental Engineering and Nuclear Physics from Vanderbilt; and his older brother is an interventional cardiologist. In fact, his mother provided the inspiration to enter the legal profession.

In the eighties she worked for the California Energy Commission where she evaluated the regulatory compliance of big oil companies. “She would come home from work and tell me about how these army of lawyers in fancy suits would meet with her to contest her findings of violations and significant fines. She loved that they underestimated this five-foot-tall woman from the get-go. My mom would explain how she would, with preparation and her very thoughtful articulation, leave the army of lawyers speechless and without any defenses.”

Three cases in particular showcase the effectiveness of his background, skill with the law, and his moral approach to complex legal issues.

Paul Lee was a non-verbal autistic student left on a school bus in the heat by a driver at the end of his route. He died of hyperthermia. “He died of neglect. That case hit home from day one because my oldest son has learning issues, and we understand what the school system needs to do to protect our

18

Attorney Journals San Diego | Volume 242, 2023

vulnerable kids. That struck a chord. The family said the loss of their son created a black hole in their hearts and that was an understatement.” Panish | Shea | Boyle | Ravipudi LLP worked with state legislators to ensure that the law was changed to require that an alarm is placed in the back of all school buses that must be manually shut off by the driver so that no one is left on a bus—a legal victory for the family and a safer environment for school kids riding the bus in California.

Alex Pierce was a 14-year-old boy attending an end-of-theyear middle school swimming pool party. When he began to drown, the student lifeguards did not immediately come to his aid, and the supervising teacher also failed to help. Alex later died from his injuries. “I was shocked—as an attorney, citizen, and especially as a parent—to learn that the schools were not required to have anyone CPR certified on campus,” Ravipudi says. He and his team settled the case, and the firm worked with local legislators to change the law to require that teachers have up-to-date CPR training and certifications. More than that, the Murrieta Valley Unified School District promised to hire a third-party to re-evaluate all their emergency systems and all training to make sure every part of that school was safe for the students. The district was also required to publicize their efforts to encourage other districts to do the same. “That’s how we go beyond just winning a case for a given client; a

substantial part of our efforts is in our commitment to carry client issues into the communities we serve,” Ravipudi says.

In April 2017, Ravipudi served as lead counsel on a case in Clark County, Nevada, where a man had suffered a traumatic brain injury as a result of a vicious beating by security personnel for a nightclub. The client was a business professional who’d spent several hours at a nightclub entertaining and socializing with friends. After paying his bill and preparing to leave, he was stopped by a manager and security personnel who claimed that he had not paid his bill. He was then taken to another area of the building where he was beaten and held against his will by security before being released. As a result of the attack, the client suffered a traumatic brain injury that resulted in the loss of his livelihood.

Although there were more than a dozen surveillance cameras in the area where the beating occurred, none of the recordings were saved despite numerous requests that they be preserved. Throughout the litigation, defendants disputed liability and damages, which were particularly complex. The jury deliberated for less than five hours before returning a verdict for the plaintiff on every theory of liability and also made a finding that punitive damages were warranted.

Ravipudi and his trial team obtained a $160,500,000 jury verdict for their client.

That case, and other similar cases, led to an expansion of the firm.

Moving Cases With offices in California and Nevada, Panish | Shea | Boyle | Ravipudi LLP receives approximately 95 percent of their cases as referrals from other attorneys. Californians travel to and through Nevada on business trips and as tourists.

Many find themselves in need of legal counsel a considerable distance from home.

Twenty-one of the firm’s 45 attorneys are licensed in Nevada, so opening an office in that state was a natural move.

Ravipudi says, “We work as co-counsel with both Nevada and California attorneys. We are a secret-free firm and other firms quickly learn that we earn their full trust, that we’re very good at what we do, and that we’re remarkably easy to work with. Many attorneys find that working with our attorneys is a valuable educational experience that they can take back to their own firm and client base.”

Looking Ahead As the firm expands, Ravipudi finds himself continuing to work on significant and complex cases. He has been appointed by the judiciary to serve as plaintiffs Co-Lead Counsel in the Social Media Cases litigation in LA County, which involves cases of children and young adults harmed or driven to suicide by social media algorithms. Meta (Facebook and Instagram),

The Ravipudi Family: Dhilan, Shail, Rahul, Smitha and Brij

Attorney Journals San Diego | Volume 242, 2023

19

©Christopher TODD Studios

EXP ER I ENCE

Snap (Snapchat), ByteDance (TikTok), Alphabet (Google and YouTube), and others are facing allegations of causing addiction and self-destructive behavior in adolescents and young adults.

Allegations include exacerbating mental health issues such as anxiety, depression, body image concerns, self-harm, suicidal ideation, and eating disorders.

He is also working alongside Brian Panish and local Hawaiian counsel, representing plaintiffs who have suffered catastrophic losses as a result of the August 2023 wildfires on the Island of Maui.

The Compass Also Points Home Ravipudi leads a life balanced by work and family. He is married to Smitha Ravipudi who he says is “the smartest and most caring person on the planet.” She is the CEO of USC Care which is Keck Medicine of USC’s network of physicians who provide outpatient services and procedures. She is also the CEO of Keck Medicine’s ambulatory care services.

He says from the day they met, they supported each other in thriving professional careers. For example, as a first- and second-year lawyer, he was a terrible writer. “Everything was in legalese, and it was hard to understand. I tried to get better but just could not seem to do it without help. Smitha would sit with me at night, and I would show her the Motion or Opposition I drafted. After reading a paragraph she didn’t understand, she would ask me what I was trying to say. When I told her, she would always say, ‘That makes sense. Just write it like you said it.’ With her help, I got better and better. That transitioned into me being gone for months in trial and my schedule being unpredictable at best. If she was not supportive and understanding of this work life, I would have never had a chance to succeed.”

They have three boys: Dhilan (18), Shail (14) and Brij (11).

Ravipudi says his hobbies and interests are his boys. “Everything revolves around their lives.” They enjoy football, soccer, baseball, basketball, and track and field and we enjoy watching and participating from the sidelines and in supporting the teams.

Ravipudi says, “I love my family and I love what I do as a profession. I was blessed with the opportunity to work with the best since I was a second-year law student. I have never looked back. Helping those in need, helping those that I know I can help, having the competitive drive to want to win and getting to be my authentic self while doing it. What more can someone ask for?” n Contact Rahul Ravipudi Panish | Shea | Boyle | Ravipudi LLP 11111 Santa Monica Boulevard 7FL, Suite 700 Los Angeles, CA 90025 (310) 477-1700 www.psbr.law

» EDUCATION • Loyola Law School, Loyola Marymount University JD, Juris Doctor – 1999 • Bachelor of Arts Degree in Economics and Minor in Chemistry from the University of California, Riverside – 1996 • Adjunct Professor, Loyola Law School: 2009 - Present

» PROFESSIONAL ASSOCIATIONS AND MEMBERSHIPS

• Consumer Attorneys Association of Los Angeles – Associate Editor, Advocate Publication: 2010 – Present • South Asian Bar Association of Southern California, Public Interest Foundation Board of Directors – Treasurer: 2010 – Present • State Bar of California Member: 1999 – Present • Consumer Attorneys of California Member – Present • Consumer Attorneys Association of Los Angeles Member – Present • National South Asian Bar Association Member – Present • American Bar Association Member - Present

» RECENT HONORS AND AWARDS • 2023 Top 100 Lawyers in California – Daily Journal • 2023 Lawdragon 500 Leading Plaintiffs Consumer Lawyers • 2023 Lawyer of the Year in Mass Tort Litigation / Class Actions – Best Lawyer • 2022 Top Plaintiffs’ Lawyer in California – Daily Journal • 2022 Lawdragon 500 Leading Plaintiffs Consumer Lawyers • 2021 Robert E. Cartwright Sr. Award – Consumer Attorneys of California • 2021 Consumer Attorney of the Year finalist – Consumer Attorneys of California • 2021 Top Plaintiff Lawyer in California – Daily Journal • 2021 Lawdragon 500 Leading Plaintiffs Consumer Lawyers • 2020 Top Plaintiffs’ Lawyer in California – Daily Journal • 2020 Lawdragon 500 Leading Plaintiffs Consumer Lawyers

» BAR ADMISSIONS 20

Attorney Journals San Diego | Volume 242, 2023

• California • Nevada

We Know Marketing Like You Know the Law

Let us “do the time” to get your project right!

We offer graphic design and writing services for …

• Websites

• Presentations

• Social Media Posts

• Newsletters

• Brand Makeovers

• Print & Digital Advertising

Personal attention. Powerful results. Zero attitude.

215-550-1435 • penn-creative.com

How HR Technology Drives Organizational Success

by Noel Diem

Ask any long-time HR professional what the most significant change of the last few years has been, and they’ll all tell you the same things: the use of HR technology and the investment in human capital. The two are intrinsically linked to the success of organizations in today’s economy.

As the face of HR changes, so too do the methodologies used.

HR technology has paved the way for streamlined operations, seamless collaboration, and data-driven decision-making. From recruitment and onboarding to performance management and employee engagement, this powerful solution empowers organizations to optimize their workforce like never before.

But does all of this change truly benefit employees, HR leaders, and organizations? Let’s take a look.

The Evolution of HR Technology Over the years, HR technology has undergone a remarkable transformation alongside the importance of the department.

Today, organizations rely on sophisticated software systems to streamline their HR processes and enhance overall efficiency while keeping the heart of HR the same.

In the early stages, HR technology mainly focused on automating administrative tasks such as payroll processing and employee record management. However, as businesses recognized the potential for greater optimization, more advanced solutions were developed.

One notable evolution is the rise of employee self-service portals. These online platforms empower employees to independently manage their personal information and professional development. This shift towards self-service not only reduces administrative burden but also enhances employee engagement by providing instant access to critical resources.

With the emergence of mobile applications explicitly tailored for HR functions—such as recruitment apps or performance tracking tools—accessing vital information has become even more accessible through smartphones or tablets.

As we continue into an increasingly digital age with rapid technological advancements—including data analytics capabilities like predictive analytics—it’s safe to say that this evolution will persist. The future holds exciting possibilities

22

Attorney Journals San Diego | Volume 242, 2023

for leveraging AI-powered chatbots for candidate sourcing or utilizing virtual reality simulations for immersive training experiences. It also holds hope for Human Resources compliance, a growing area of risk and concern for organizations.

Benefits of HR Technology in the Workplace HR technology has revolutionized how businesses manage their workforce, bringing numerous benefits to the workplace. One of the key advantages is increased efficiency and productivity.

With automated processes for tasks such as recruitment, onboarding, and performance management, HR professionals can save time and focus on more strategic initiatives.

Alongside this shift is an improvement in data accuracy and analysis. HR technology enables organizations to collect and analyze vast amounts of employee data, providing valuable insights for decision-making. From identifying skill gaps to tracking employee engagement levels, this data-driven approach helps companies make informed choices about talent management.

HR Technology for Compliance Additionally, HR technology enhances compliance with labor laws and regulations. By automating processes related to payroll calculations or leave management, companies can ensure accurate record-keeping while minimizing errors that could lead to legal issues.

Challenges in Adopting HR Technology Implementing HR technology can revolutionize the way organizations manage their workforce, but it has its challenges.

One of the main hurdles companies face when adopting HR technology is resistance to change. Employees may be hesitant to embrace new systems and processes, causing a reluctance to fully engage with the technology.

Another challenge is ensuring that the chosen HR technology aligns with the organization’s needs and goals. With numerous options available in the market, selecting the right solution can be overwhelming and time-consuming. It requires careful evaluation of various factors such as scalability, integration capabilities, and user-friendliness.

Integration with existing systems poses yet another challenge.

Many organizations have legacy systems in place that need to seamlessly integrate with new HR technology platforms. This can require significant effort from IT departments to ensure smooth data migration and synchronization between systems.

Data security is also a concern when implementing HR technology. Organizations must ensure that sensitive employee information remains protected from unauthorized access or breaches. This means investing in robust cybersecurity measures and staying up-to-date on compliance regulations.

While there are challenges involved in adopting HR technology, they can all be overcome through proper planning, communication, training, and support from management teams.

Future Trends and Predictions for HR Technology The world of HR technology is constantly evolving, with new trends and advancements emerging each year. As organizations strive to stay ahead in the competitive market, it’s essential to keep an eye on the future of HR technology. Here are some exciting trends and predictions that we can expect to see in this field.

• The AI of it all. Artificial Intelligence (AI) will play a bigger role in HR processes. From automating repetitive tasks to analyzing employee data for better decision-making, AI will revolutionize HR operations.

• VR & AR come to the table. Virtual reality (VR) and augmented reality (AR) will be used for immersive training experiences. Imagine employees being able to practice their skills in a virtual environment or attending virtual meetings from anywhere in the world.

• Data analytics drive strategic decisions. Data analytics will become even more crucial in driving strategic decisions within organizations. With advanced analytics tools, HR professionals can gain valuable insights into workforce patterns, engagement levels, and talent acquisition strategies.

• A mobile-first world. Mobile-friendly applications will continue dominating the HR tech landscape as employees increasingly rely on smartphones for work-related activities such as accessing payroll information or requesting time off.

• Employee well-being takes center stage. Employee wellbeing technologies will take center stage as organizations recognize the importance of promoting physical and mental wellness among their workforce.

• Employee data. Blockchain technology may find its way into HR systems, ensuring secure storage and verification of sensitive employee data like certifications or performance records.

• Personalization is no longer optional. Personalization will be key when it comes to delivering tailored experiences for candidates during recruitment processes or providing customized learning opportunities for employees’ professional development.

• Gen-Z pulls focus. Gen Z-focused tools and platforms specifically designed to cater to younger generations entering the workforce are likely to emerge as companies adapt their practices accordingly.

As these trends unfold, it’s clear that technological innovations have immense potential when it comes to transforming traditional human resource management practices.

How HR Technology Can Drive Organizational Success HR technology has revolutionized the way organizations manage their human resources. With advanced software and tools, companies can streamline their HR processes, improve efficiency, and drive organizational success.

One key benefit of HR technology is its ability to automate time-consuming tasks such as payroll processing and employee onboarding. By automating these processes, HR professionals can focus on more strategic activities that contribute to the overall success of the organization.

Another advantage of HR technology is its ability to provide real-time data and analytics. This allows managers to make informed decisions about talent acquisition, performance management, and employee engagement. By having access to accurate data, organizations can identify trends and patterns that help them optimize their workforce.

HR technology has the ability to change the way HR departments function within an organization, but it has to be done in a way that makes sense—and that is often not up to the HR leaders, unfortunately, but other decision-makers within the company.

Collaborating with the people using these products will yield greater results in terms of implementation, ROI, and understanding.

HR Technology Is Your Friend, Not a Foe The evolution of HR technology has been remarkable, with advancements in artificial intelligence, predictive analytics, and cloud-based platforms revolutionizing the HR industry. These innovations have enabled businesses to automate processes, gain valuable insights into their workforce, and make datadriven decisions.

All of the benefits of adopting HR technology are evident across various aspects of the workplace. Improved efficiency in recruitment and onboarding allows organizations to attract top talent quickly and seamlessly integrate them into the company culture. Performance management systems help managers provide regular feedback and coaching, leading to increased productivity and employee satisfaction. n Noel Diem is an experienced Content Marketing Manager, I have developed a deep understanding of creating and executing successful content strategies that drive engagement, fill sales pipelines, and deliver results.

I am passionate about creating compelling content that resonates with audiences and drives business goals while remaining true to brand voice. Learn more at www.mitratech.com.

Attorney Journals San Diego | Volume 242, 2023

23

In Times of Planning Uncertainty, Fall Back on the Basics

by Michael Short

As we all gaze into our crystal balls and try to predict what will happen in 2024 with any degree of certainty, our views are pretty hazy. Think back to this time last year, which was filled with much hand wringing, nervousness, and qualifiers/fine print in our presented budgets. Now, fast forward 12 months to a time where much economic uncertainty remains (per the NASDAQ.com headline “2024 Recession Odds: America’s CEOs Forecast 84% While Fed Officials Insist 0%”) AND the industry- and life-changing topic of AI was foisted upon us all AND we’re going into a major election year. Additionally—and tragically—there is now a second war.

When thinking about the future of the legal industry, which impacts and is impacted by these broader contexts, I find it helpful to focus on things we can control. As planners, we need to ‘move the needle’ as much as we can within any planning period and with finite resources of time and money.

As such, balance is required, and we need to always focus on some combination of longer- and shorter-term issues to create the optimal strategic advancement of the law firm.

Each partnership’s list of priorities is, of course, unique.

At a higher level, below are a few needle-moving, shorterterm, and recurring challenges/opportunities for your planning consideration.

1. Admissions into the Equity Partnership are, perhaps, the most important decisions that this group makes every year. This ownership group should be viewed as an elite team, with membership being a) difficult to achieve, b) guaranteed for no one, and c) a really big deal. This is not just another promotion because a Partner’s ability to directly participate in the profits of the firm needs to be earned and maintained every year.

Worst case scenario—Any partnership is also known for its weakest link/member. The introduction of “this is my Partner” conveys trust and confidence in this person to any third party. Those sentiments need to be truthful.

24

Attorney Journals San Diego | Volume 242, 2023

2. You need to understand—and be able to describe— your firm’s culture at a deep and (hopefully) emotional level that really connects with your talent… and (hopefully) your clients too. All law firms are groups of potential free agents who choose to reassemble each day. Why does this happen and what is so special about your firm’s culture? It must be so much more than being ‘collaborative’ or ‘entrepreneurial.’

Those descriptors are nearly universally applied, which means they are not differentiating at all. What is your glue? Is it a set of core values that defines your firm?

Generally accepted behavioral norms? You have a unique story. Find the words.

Worst case scenario—Another way of evaluating your culture is to assess it through a negative lens. If your culture is defined by the worst behavior that you tolerate, how are you doing now?

3. Overall work ethic and pace within many firms is slipping materially. In our post-pandemic world wherein a) remote working is viable and b) most firms had some of their best financial years ever, even more lawyers across all generations were reminded that one can make a very fine living as a lawyer for a more than reasonable work commitment and pace. Furthermore, in some firms that rely heavily on production/ hours-based bonus programs, an increasing number of younger lawyers self-selected a pace that a) works nicely for that lawyer, b) frustrates the Boomers to no end, and c) sends a message to everyone that ‘pace’ is unilaterally set by the individual lawyers. While that sounds great, there is one important group that is directly and negatively impacted by all of these—the clients. Law firms operate in a very simple supply/ demand (of time) business and if firms don’t have control of the supply side of the equation—and clients are impacted…they will take their demand elsewhere.

Re-education about what a reasonable pace represents

is required in many firms. For example, if one agrees that a 50-hour work week is a reasonable pace, then that same person needs to know that 50 hours per week with four weeks off is a 2,400-hour total annual commitment to the firm (billable plus investment time).

The pace doesn’t stop at some much lower billable hours achievement, which is the current thinking of many lawyers. Where is the rest of that time going? Vaporizing because the Partners don’t see any value in non-billable time? Within many firms, it’s time for an agreement/ reset on what a reasonable overall pace is.

Worst case scenario—A young lawyer who chooses to forego working toward any bonus and, basically, stops once a billable hour requirement for a base salary is achieved will attract others toward that model and attitude.

4. All leaders (firm-wide, practice level, office level, etc.) must understand that if they don’t start developing their successor on Day 1 of their appointment/election, it won’t happen on time. Job #1 of any leader is to identify and develop candidates to take over some day, yet far too many leaders shy away from this task because it may expose personal weaknesses or create someone who is actually better suited for the position. If optimization and/or self-improvement are goals, then these outcomes should be welcome. Unfortunately, reputation-guarding and self-preservation usually win out. Furthermore, most don’t recognize that it takes years to develop successors… not months. Far too many wait until the last year in their position and then simply identify the best available or most popular candidate, rather than handing the position to a well-trained successor. This lack of process and accountability makes little sense.

Worst case scenario—A key competitor figures this out, formalizes succession planning, and steadily takes market share due to stronger leadership.

5. Financial success is not about revenue, it’s about profits. People in other industries laugh at our maniacal focus on top-line revenue, even though our owners are paid directly from the profit pool at the bottom of the P&L statement. Furthermore, far (far) too many Partner compensation systems are still driven largely by the book of business…with little regard to the profits generated from the book. Any two Partners who generate the same revenue and are paid the same amount are not generating the same amount of profits. If the delta between the two profit contributions is small, then a similar compensation amount is justified. If this delta is material, then there is a remuneration challenge that, admittedly, can take years to fix. Profitability reporting can wreck a nice firm’s culture if mishandled and developed poorly, so let’s handle it properly and develop it well. We all know where the dangers lurk.

Worst case scenario—From the example above, the Partner who generates more profits is lured away by a competitor who understands all of this and is willing to pay more for the book.

6. Keep pushing on billing rates. Yes, we’ve been talking about the death of the billable hour since before I started in this industry (1988!). While I think AI, combined with new perspectives on ‘value’ from non-Boomers steadily taking over as the economic buyers of legal services, will likely push us to this place at some point, we aren’t there yet. Therefore, staying at an appropriate market-driven level on rates remains the most important driver of profitability under our immediate control. It also pushes the value of all services to an appropriately high level if (when?) fixed fees really take broad-based root.

Worst case scenario—The psychology of pricing is alive and well among clients of law firms, who regularly tell us that billing rates convey to them the lawyers’ perceptions of the true value of their own time. Keeping rates artificially low (“for the benefit of our long-standing clients”) may actually drive some of them into the open arms of competitors.

7. Be aggressive in your planning and budgeting.

Lawyers are trained to never fail at anything.

Businesspeople know that it is far better to come up 10% short against aggressive goals than to sail past modest goals. When dealing with the business of law, be businesspeople…not lawyers.

Worst case scenario—A competitor figures this out, generates more profits, and then uses those profits to lure your talent away.

Of course, there are other examples.

Balancing the weight of broader problems and challenges with the shorter-term, basic planning needs of the firm is quite difficult in these odd and uncertain times. The good news is that there is an appropriate list of planning priorities for each firm. Make your educated guesses on the broader economic context and set your priorities—including AI—against that forecast, however murky it may be.

Best wishes for a prosperous, safe, and peaceful 2024. n Michael Short is a founding Principal of LawVision.

He counsels law firms around the world on strategic, management, compensation, and financial issues.

Over the course of his over three-decade long career as a consultant to the legal industry, Michael has worked with well over 700 law firms. His client base ranges from small, “local” firms in many countries to large, multi-national operations. Learn more at www.LawVision.com.

Attorney Journals San Diego | Volume 242, 2023

25

Bracing for a Generative AI Revolution in Law

by Ty Dedmon

T

he power and the peril of generative AI has been one of the most talked-about topics in legal circles since ChatGPT’s explosion into public conscience in late 2022.

The arrival of generative AI into our world is now a stark reality. Lawyers need to understand both the basics of the technology and its legal implications when considering the use of generative AI.

Generative AI Within the Legal Industry Many legal professionals have started to explore practical uses of generative AI in areas such as research, discovery, and legal document development.

A Thomson Reuters study found that 82% of law firm attorneys believe that ChatGPT and generative AI could be applied to legal work. However, trepidation remains, as the same study found that only 51% felt it should be applied to legal work.

This isn’t shocking.

Similar feedback has been received in the medical field and other professions. We have long relied on predictions of AI, and generally a trust but verify approach has aided our comfort.

The fundamental principle of human oversight cannot be underscored enough for generative AI to be successful.

In legal, draft work product will be presented by generative AI, but it is up to the attorneys to take the rough material produced by technology and mold it into a final product that accomplishes the specific objectives of their clients. The predicted benefits of generative AI will never arrive without trained human lawyers to oversee the process.

The Dual Effects of AI on Discovery Generative AI’s impacts on the discovery process are twofold.

On the one hand, these capabilities will enable completely new methods of data extraction, linking, summarization and reasoning—extending existing predictive AI capabilities into a whole new realm. Not only will AI be able to analyze and identify characteristics about documents going through discovery, but it will now be able to generate information and insights about those documents, too.

On the other hand, the adoption of generative AI into the 26

Attorney Journals San Diego | Volume 242, 2023

enterprise through tools like GitHubCoPilot are going to add an entirely new layer of complexity and questions related to documents during the discovery process. If CoPilot is used to write an email, where does responsibility for the content of that email lie? Is there a need to differentiate documents created by AI versus created by a human? How will that be handled?

Currently, most available generative AI products are limited in scale and have yet to show proven value.

Initially, uses of generative AI focused on using conversation to augment search—how can we gain information from a corpus using natural language understanding? Exciting at first for the novelty, these approaches seem to be more AI in search of a problem, rather than a problem uniquely fit for a generative AI solution.

As generative AI is nearing its first birthday, it is still too early to have clarity about how either of these components will evolve but based on past precedent and the specific qualities of generative AI, there are some leading areas of promise.

Getting the Most out of Your AI Strategy The most favorable generative AI discovery approach involves looking beyond the standard workflows of today and reimagining how they could change.

What would it look like if you could connect existing predictive AI capabilities and new generative ones? How might the previous view of the Electronic Discovery Reference Model change?

The organizations that are best positioned to successfully develop and/or embrace generative AI in discovery are those already fluent in leveraging predictive AI in discovery now. There are many low-risk entry options into predictive AI for discovery.

For example, predictive AI can be used to help secure personally identifiable and personal health information. Organizations can use AI to automate the redaction of the identified information, and by doing so, can greatly reduce the laborious efforts to manually redact each instance of sensitive data.

More sophisticated use cases include privilege prediction.

Oftentimes, static search term lists are over inclusive and do not identify all potentially privileged documents. An organization could begin to develop a privilege prediction model with their data while still leveraging traditional, potentially privileged search lists.

The combination of the AI and the familiar search list provides an enhanced privileged identification process that is then tested and verified by attorneys. The return-on-investment organizations reap from this approach increases as the process is repeated for each new model.

Current Legal Considerations and Guidance The European Union is leading the way in terms of regulations with its Artificial Intelligence Act. This law seeks extraterritorial reach, like the General Data Protection Regulation, and looks to enact an expansive, horizontal regulatory scheme across all industries.

Similar to the implementation of the GDPR, U.S. companies may unwittingly find themselves subject to its reach and need to monitor its passage. Canada is taking a similar, broad-based approach with Bill C-27.

Currently, there are no U.S. laws enacted that create specific rules for the use of generative AI tools. Specific legal guidance from federal regulatory agencies and courts in the U.S. is limited.

However, American lawmakers have indicated significant motivation to exercise greater oversight on the development and use of generative AI tools. Recently, Senate Majority Leader Chuck Schumer organized a hearing on the future of AI regulations, which Elon Musk, Bill Gates, and Mark Zuckerberg all attended.

Schumer indicated the goal is to “maximize the benefit and minimize the harm … and that will be our difficult job.”

Whether the oversight is a horizontal model providing guidance across industries like the EU’s AI Act, or a vertical model where individual departments and agencies create guidance targeted to their industry groups, is still to be determined.

For now, agencies such as the U.S. Equal Employment Opportunity Commission, the U.S.Department of Justice and the Federal Trade Commission have issued statements asserting that generative AI is within their regulatory authority. These agencies further indicated that bias, discrimination and misleading consumer information and privacy that are present in automated systems will be held to existing legal standards.

Beyond these efforts, it is likely that the Federal Rules of Civil Procedure will need a refresh to account for generative AI. Discovery is going to include even more data types, algorithms, training sets and prompts. Expect that bar associations and other industry stakeholders will issue guidance on generative AI competencies for legal application.

Courts are just beginning to encounter the new questions raised by this technology. There are many different examples of guidance and opinions, and some judges have even asked attorneys to confirm they will not use generative AI to write legal briefs. Other scholars and judges have suggested that litigants cite the tool they have used to create their work product when it is submitted to a court.

Before You Adopt, Think Cybersecurity Along with efficiencies and innovation, generative AI presents new risks, like data security, privacy, and reliability.

For example, it is critical to assume that any information used for ChatGPT prompts could become public. A company’s intellectual property and reputation can be immediately compromised due to undisciplined use of ChatGPT and similar tools.

With the rise in interest and use of these tools, we’ll also see a subsequent rise in cybersecurity risk. Machines will inevitably learn that a business is interested in, for example, certain proprietary topics or competitive opportunities. This information can be accessed by bad actors, who will use it to get better at impersonation. As such, a first reasonable policy step for any business is to sound the alert about the potential for AI-generated phishing attempts.

Organizations need to invest in developing a mature information governance program. New technology onboarding should be planned as part of the program, as well as preservation and defensible disposal. Employee education and training is also paramount in mitigating risks associated with generative AI. The National Institute of Standards and Technology published an AI risk management framework in collaboration with public and private sectors. The framework outlines characteristics of trustworthy AI and offers guidance for addressing them.

The characteristics include “valid and reliable, safe, secure and resilient, accountable and transparent, explainable and interpretable, privacy enhanced, and fair with their harmful biases managed.”

A mature information governance program will allow companies implementing the next generation of AI tools to evaluate, test and continuously monitor the performance of their technologies across all of these risk vectors.

What’s Next for Generative AI The IT function has typically taken the lead in responding to the technology innovations of the day; but with generative AI, it has become clear that the attorneys need a major seat at the table in this new conversation. Organizations must prepare for the generative AI revolution we are sure to see in the coming years. Those who excel in our new reality will remain curious and nimble. Those who do nothing will become obsolete. n Ty Dedmon is a Partner at the national law firm “Bradley.”

Ty’s practice is focused on helping clients solve their most complex problems. He has coordinated national and regional litigation in the areas of toxic tort, product liability, professional negligence, and commercial disputes. Republished with permission. The article “Bracing For A Generative AI Revolution In Law” was originally published by Law360 Pulse on November 13, 2023.

Attorney Journals San Diego | Volume 242, 2023

27

In a world full of mergers and monopolies, count on us to keep it real.

When it comes to court reporting, video and litigation services, Peterson delivers real reporters, real experience, and real service. Day by day, year by year, case by case, we’ve been setting the high bar for integrity, technology and reach for over 35 years.  Independently owned and operated  100% Woman-owned Business  WBE Certified  Serving CA and the US since 1986

Nationwide Reporting | petersonreporting.com | 800-649-6353

28

Peterson Reporting 2023 Atty Journal HPH.indd 1

Attorney Journals San Diego | Volume 242, 2023

4/25/23 4:45 PM

VOTED SAN DIEGO’S BEST LITIGATION FIRM

REFERRING AT TORNEYS WILL RECEIVE REFERRAL FEES! Top Client Reviews Average 5-Stars on:

619-INJURED www.hhjtrialattorneys.com @hhjtrialattorneys

Carlsbad Office 2175 Salk Avenue, Suite 180 Carlsbad, CA 92008

La Jolla Office 6435 Caminito Blythefield, Suite D La Jolla, CA 92037

DON’T MISS OUT ON MILLIONS IN REFERRAL FEES BRIAN CHASE OCBA Board of Directors Masters Division - 2023 Chair - OCBA Tort & Trial Section - 2023 Daily Journal Top Plaintiff Lawyer - 2020–21, 2023 President CAOC - 2015 Trial Lawyer of the Year OCTLA - 2014 Trial Lawyer of the Year CAOC - 2012 Trial Lawyer of the Year Nominee CAALA - 2012 President OCTLA - 2007 Product Liability Trial Lawyer of the Year OCTLA - 2004

Auto Defect, Class Action, Personal Injury, Employment & Gov’t Entity 9 - FIGURES Consumer Class Action

MULTIPLE 8 - FIGURES Seatback Failure - Auto Defect

MULTIPLE 8 - FIGURES Dangerous Condition - Govt. Entity

MULTIPLE 8 - FIGURES Burn Injury - Product Defect

MULTIPLE 8 - FIGURES Negligence - Rehab Facility

MULTIPLE 8 - FIGURES Motorcycle Accident

8 - FIGURES 15-Passenger Van - Auto Defect

8 - FIGURES Rollover - Auto Defect

8 - FIGURES Caustic Ingestion - Premises Liability

MULTIPLE 7 - FIGURES Wage & Hour Class Action

MULTIPLE 7 - FIGURES Wage & Hour - PAGA Class Action

MULTIPLE 7 - FIGURES Dangerous Condition - Govt. Entity

MULTIPLE 7 - FIGURES Door Latch Failure - Auto Defect

MULTIPLE 7 - FIGURES Roof Crush - Auto Defect

MULTIPLE 7 - FIGURES Airbag - Auto Defect

MULTIPLE 7 - FIGURES Tread Separation - Auto Defect

MULTIPLE 7 - FIGURES Seat Belt Failure - Auto Defect

MULTIPLE 7 - FIGURES Post-Collision Fire - Auto Defect

Nationwide Law Firm 1301 Dove Street, Suite 120, Newport Beach, CA 92660 | www.BestAttorney.com | Tel: 800-561-4887 | Serving clients since 1978

PRSRT STD U.S. POSTAGE

PAID PERMIT # 100 CLAREMONT, CA