Vol. 4 No. 4 April 2000

NNWLA SCOOP

Northern Nevada Women Lawyers Association

www.NNWLA.org

Victoria Mendoza, President

Amy Tirre, Secretary

Gabrielle Carr, Vice President

Nathalie Huynh, Treasurer

Lori Story, Historian

APRIL LUNCHEON MEETING:

featuring

CAROL COOKE
Women and Employment Law

Tuesday, April 18, 1999, 12 noon at

BRICK'S RESTAURANT
1695 S. Virginia St.

Carol A. Cooke is a partner in the firm of Cooke & Story, Ltd., a Reno firm emphasizing employment and labor law. Carol has been practicing law in Nevada for nearly twenty years. She has extensive experience representing both private and public sector employers before administrative agencies and arbitrators, and in state and federal courts. She has also represented employees in selected matters. Carol has handled a variety of cases involving race, national origin, age and disability discrimination, as well as sexual harassment and pregnancy discrimination cases. Carol will bring us up to date on employment law and how it applies to women in the workplace. CLE credit applied for.

Lunch choices are: Thai chicken salad with fresh baby spinach or linguini with fresh tomatoes.

Cost is $12.00 (includes beverage) Make your reservations today by calling Randi at Vicky Mendoza's office, 324-7533.

NNWLA SUSTAINING MEMBERS

JUSTICE DEBORAH A. AGOSTI
TROY ANDERSON
SALLIE ARMSTRONG
CHRISTINE BAILEY
JUSTICE NANCY BECKER
LINDA BOWMAN
SARA BETH BROWN
JANET CHUBB
CAROL A. COOKE
JUDGE VALERIE COOKE
MICHELLE ERLACH
JUDGE BARBARA FINLEY
KENDRA FOLLETT
NANCY GHUSN
JILL GREINER
DOROTHY NASH HOLMES
JENNY D. HUBACH
NATHALIE HUYNH
LYNNE K. JONES
LINDA LINTON
PAT LUNDVALL
PATRICIA LYNCH
VICTORIA MENDOZA
ANN MORGAN
SHELLY O'NEILL
RIDGET ROBB PECK
GLORIA PETRONI
MARGO PISCEVICH
DEBRA ROBINSON
BARBARA SALERNO
JUSTICE MIRIAM SHEARING
MYRA SHEEHAN
SHIRLEY SMITH
JUDGE CONNIE STEINHEIMER
JENNIFER STERN
MARGARET TWEDT
SANDRA WILSON
JOAN WRIGHT

2000 MEMBERSHIP

We now have 110 dues paying members. We have exceeded our membership from last year. Thank you for all your support. Watch for the 2000 Membership Roster in the mail.

CARSON WOMEN LAWYER=S LUNCH

The next Carson Women Lawyer's lunch will be April 20, 2000, and feature Ann Cathcart, Assistant A.G. Ann will be discussing changes in legislation, "How to do it?". CLE has been applied for. The lunch will be held at Glen Eagles in Carson City. The cost is $14 per person. Please contact Ronda Moore at 684-1228 as soon as possible if you will attend. She will give you lunch options then.

CLE FOR AUGUST 1999 MEETING

We have applied for CLE credit for the August 1999 lunch meeting featuring Nevada Attorney General Frankie Sue Del Papa who spoke on Women Lawyers in Politics. If you attended that meeting, please contact Randi at Vicky Mendoza's office at 324-7533. She will add your name to the list and submit it to the CLE Board.

BENCH BAR COMMITTEE

On Tuesday, March 14, 2000, the Washoe County Bench Bar Committee met for the second time; the meeting was held at noon at Harrah's in conjunction with the monthly Washoe County Bar Association luncheon. Judge Hardesty presided over the meeting and asked that the persons present comment upon the National Center for State Court's recommendations in its Report.

The National Center for State Courts performed a study of the Washoe County District Court by examining a 400 case sample of civil, criminal and family court cases filed between 1988 and 1998. Drastic changes in the number of filings have occurred in the past 10 years: a 40% increase in criminal filings; a 260% increase in family court filings; and 65% decrease in civil case filings. Based upon these and other findings, the Center set forth its recommendations in a Report, which became public on 2-15-00 and copies are available to bar members. The Report primarily focuses on the civil docket, including family court. A few of the Report's recommendations include:

-implementation of a uniform scheduling order and its use to enforce Rule 16.1 and the completion of discovery within the time permitted;

-adoption of caseflow management guidelines to ensure timely dispositions;

-requiring an ADR plan for all civil cases;

-a pretrial conference with the judge in all civil cases before scheduling trial;

-time frames and page limits on motions;

-assigning one or two general jurisdiction judges to family court to assist the family court consistently;

-processing TPOs from filing to disposition in the Family Court facility; all active TPO files would be stored in the family court;

-seriously exploring the possibility of mediating support and property issues in divorce cases;

-increasing the number of court staff and their salaries

At the meeting, the attendees formed discussion groups and were asked to review the Report as well as two scheduling orders from Departments 4 and 6 for comment. Thereafter, a representative from each group presented its input, which varied from endorsing the Report's recommendation to proposing entirely new ideas for changes. Some of the proposals included:

-trailing trial calendar - so that any day of the week may begin a trial (including Friday!);

-informal access to the court to resolve minor disputes;

-early narrowing of issues in civil cases;

-increasing the number of family court judges and staff, including a URESA judge

-specializing a general jurisdiction judge to handle TPOs, adoptions and guardianships, which are now handled by the Family Court;

-creating a pro per court;

-enforcing discovery rules and sanctions consistently;

-combining 16.1 conferences with a pre-trial conference with the judge, requiring the parties to be present;

-adopting procedures to ensure the certainty of trial dates;

In addition to these recommendations, it was noted that the Center found that the Washoe County District Court is understaffed by 14 persons - 7 of whom are necessary for the family court alone. Further, the court staff is grossly underpaid in comparison with their colleagues in other states.

The meeting generated a great deal of awareness of problematic issues and ideas for solutions. In closing, Judge Hardesty urged the attendees to write to the Washoe County Commissioners to request an increase in court funding, because without it, the ability to implement any new policies and procedures will be severally restricted:

Washoe County Commissioners
PO Box 11130
Reno, NV 89520

The next Bench Bar Committee meeting will be on Tuesday, April 11, 2000, in Judge Hardesty's courtroom. All interested persons are welcome.

LAWYER REPRESENTATIVE FOR
UNITED STATES DISTRICT COURT

The United States District Court for the District of Nevada is taking applications for two lawyer representative positions, one from the unofficial northern division and one from the unofficial southern division of the district. Lawyer representatives provide vital input to the Court on a myriad of issues affecting the operations of the federal courts including but not limited to rule changes, non-appropriated account. To be considered for these positions, you must be 1) admitted to practice in the U.S. District Court and actively involved in federal practice; 2) interested in the purpose and framework of the Circuit Conference and willing and able to actively contribute to the purposes and work of the conference, and; 3) willing to assist in implementing conference and district court programs with local bars. Lawyer representatives are expected to attend the annual Ninth Circuit Judicial Conference.

In addition to the above criteria, a goal of the court in the selection of lawyer representatives is to ensure that those attorneys selected represent a cross section of practitioners in federal court and include civil, criminal, appellate and bankruptcy practitioners. Lawyer representatives are selected for a three year term with the terms corresponding with the Ninth Circuit Judicial Conference. Representatives selected this year would attend the conference in 2001, 2002, and 2003.

If you are interested in serving as a lawyer representative, please submit a letter of interest detailing your federal experience and reasons you would like to be considered to:

Mr. Lance Wilson, District Court Executive
United States District Court
300 Las Vegas Blvd. South
Las Vegas, NV 89101

The deadline for expressing your interest is June 23, 2000. A list of finalists will be selected by the court and that list will be submitted to the Board of Governors of the State Bar of Nevada for final selection. Please contact Mr. Wilson at

(702) 388-6071 if you have any questions about the role of a lawyer representative or about the selection process.

FROM WASHOE COUNTY LAW LIBRARY
Lawyer in the Library Program

This program is still going strong with ten to twelve people showing up each Wednesday night. Recently lawyers who have volunteered are: Kurt Hunsberger (for a second time), Pat Phair, Michael Malloy and Judt Osgood. I want to thank all those who have participated for the contribution to the community. Those attorneys wishing to volunteer should contact Volunteer Lawyers at 329-9069.

LIBRARY HOURS:
Mon - Thur 8 a.m - 9 p.m.
Fri 8 a.m. - 5 p.m.
Sat & Sun 10 a.m. - 5 p.m.
Holiday: Sunday, April 23 Easter

CAN EVERYONE MAKE IT RAIN?
by Donna D. Fraiche
Law Practice Quarterly, Vol. 1, No. 1 Dec. 1999

Anyone can make rain. But each professional must find his or her own level of comfort with varying approaches. The following are characteristics of successful rain-making.

1. A strong commitment to rainmaking as the essential blood and lifeline of the firm or organization.

Without clients there is no business. Whether you work for the government or are in-house corporate counsel, your client is your business, and your ability to maintain client business is essential to whatever operation you may be part of as an attorney. Traditional rainmaking techniques, however, apply better to the notion of the "traditional" law firm as an organization that cannot exist without a client base and a continuous supply of work to be performed for those clients.

To keep the dream of future business alive, it is essential for rainmakers to mentor others to use whatever characteristics that it projects to the external community.

2. Rainmaking depends on assuring that a client's needs are recognized and met.

Traditional rainmaking notions include an individual's marketing activities, such as educational outreach, speech making and being an industry spokesperson. Being quoted in industry or trade association publications is one way to convey to your clients and potential clients that you have answers to their problems. Recognizing client needs and communicating to clients and to the public your ability to provide answers to a client's problems are key to successful rainmaking. Rainmakers are not cautious about expressing their opinions to help a client. Rainmakers are not just individuals; they are also firms. A firm that commits to the notion that clients' needs must be identified and met can become known as a rainmaker firm.

3. Total client service equates to successful rainmaking.

Rainmaking is not just about taking a client to lunch or boasting about a recently successful decision. It is about servicing a client with the highest quality work product in the most efficient way possible. At times, servicing a client may be better achieved by referring the client to other attorneys or to another firm whose substantive knowledge or skills are more pertinent to the client's needs. Being a client lawyer may supersede doing the actual hands-on legal work. In some, but not all, cases, the rainmaker will be the individual best suited for the particular task at hand.

For example, a rainmaker may be a brilliant orator and may thus be the most appropriate professional to argue a case before a particular court. On the other hand, a talented client originator may be called on to provide specific transactional service about which he or she knows little or nothing, but can nevertheless participate in a meaningful way for the client. Total client service means that the attorney who brought the client to the organization takes responsibility for the client's needs. This kind of commitment should transcend credit for billing and collecting voluminous fees, which often drive where the firm give credit.

4. Taking your firm's temperature - is it the right climate?

Evaluate your firm on the characteristics of a "rainmaking-sensitive" institution.

Ask yourself:

-Does your firm have its own ego-strength or resilience?

-Does you firm take the right steps to get business?

-What kind of confidence does your firm exude?

-Does your firm encourage and reward cross-selling among its professionals?

-Does your firm really want to see clients succeed in having their problems solved and their businesses thrive, or just succeed in billing and collecting its budget of fees?

Before taking your personal rainmaking temperature, you might consider taking the temperature and other vital signs of the firm. Often, less successful lawyers will discount the overall contributions of a rainmaker or rainmaker's professional skill, competence and judgment. Recently, a colleague less attuned to rainmaking skills jokingly patronized me with the following comment, "Well, you can sell ice cubes to Eskimos." The comment blatantly reflected a "sour grapes" attitude and one that obviously does not exhibit the team approach desirable in acquiring new clients.

The flip side to this adage is that dynamic lawyers and law firms - movers and shakers - are often extremely competent at using intellectual and creative skills to achieve results: the appropriate marketing and selling of ice cubes.

5. Putting competency first.

Competent lawyers and competent firms can usually attract and keep business. Compared to other excellent lawyers, rainmakers tend to score higher on abstract reasoning, idea orientation, thoroughness, flexibility and urgency.

By developing knowledge and skills in a particular practice area, rainmakers have the ability to "speak the client's language." This translates into listening to clients' questions and resolving their problems. Clients or potential clients will come to recognize a rainmaker by his or her reputation and associate him or her with a particular skill. Whether that skill is trying cases or creatively initiating a regulatory change, a rainmaker usually possesses a perception of why a client needs the particular skill the rainmaker imparts.

Providing clients with non-billable, value-added services such as copies of new legislation, regulations or opinions pertinent to their business is usually viewed positively by clients. Sending the information along with a letter or note describing what it might mean to them and suggesting a call to the lawyer if they need additional information is often productive.

Clients are likely to be very appreciative of this service and of the fact that their lawyer has taken an interest in learning about their business and anticipating their needs. The firm, team and individual effort translates to a client who will come to rely on the rainmaker. Those clients will also likely refer additional business to the rainmaker. The law firm contributes to the rainmaking effort by supporting client education and recognizing that it adds value to clients, is likely to result in new and/or continued business, and is therefore worth the time and expense.

6. Using simple tools.

Simply being available, i.e., having a quick response time to telephone calls, can be most effective in assuring clients and potential clients of your interest in them. Although this seems simple, it will not wash without an effective administrative staff that is also sensitive to rainmaking. Computers have made it much easier to maintain lists of clients and potential clients. But maintaining those lists is only the beginning.

Use a list as a reference point for client birthdays or other special occasions, and send a card or short note. Consistently follow up on first-time meetings with a short note referencing the discussion shared. Successful rainmakers look at every contact as a potential networking opportunity and a means to develop credible friendships and professional relationships.

7. Developing "comfortable" rainmaking activities.

There is no doubt that rainmaking activities can sometimes result in tension among competing responsibilities. Individuals must learn to make choices that are comfortable for them, not only in the methods used to integrate rainmaking activities into their practices, but also in combining a "rainmaking lifestyle" with personal and family responsibilities. There are not fixed rules, and it is important that individuals measure results against their personal and economic investments. Techniques that are natural and comfortable to the individual rainmaker and firm are ultimately the most effective and result in obtaining not only new, but lasting clients.

In conclusion, everyone can make rain or be part of a dynamic team that commits to and understands the value of each contribution to the process and result: getting and keeping healthy clients.

SEVEN MARKETING SECRETS OF SUCCESSFUL RAINMAKERS

1. Choose marketing tools you are comfortable with. Teach if you enjoy it. Don't try it if you don't. The same holds true for writing articles, television ads, or any marketing you can think of.

2. Develop the image that you are a good rainmaker, and you will be perceived as one.

3. Young lawyers should get involved in anything: politics, church, health club. Get out of the office.

4. To retain clients, do a client check-up. Check in with clients and ask them if they are satisfied with your services and what needs have not been met.

5. Keep your curriculum vitae current. You never know when you will need to produce it in a hurry.

6. Take a leadership role in your firm. Within your practice area, volunteer to be in charge of marketing.

7. To get business, you have to ask. Call existing clients and ask them what other matters they may have.

THANK YOU LETTER FROM
2000 RENO HIGH MOCK TRIAL TEAM

NNWLA received the following thank you letter from the 2000 Reno High Mock Trial Team:

On Saturday, March 25, 2000, the Reno High School Mock Trial Team competed in the State Championships Mock Trial competition in Las Vegas against seven teams from southern Nevada. In the first trial, our defense team competed against the prosecution team from Silverado High School. The Reno High team won that trial with all three ballots in its favor.

In the second trial, the Reno High prosecutors were matched against the defense team from Green Valley High School. The Reno High team won one of the ballots and lost on the other two ballots by combined margin of 6 points out of a possible total 220 points. Green Valley went on to become this year's state champion.

Although the Reno High Team did not win the state championship this year, all of the members of the team and its coaches believe that we had another very successful season. All four of the juniors on this year's team have already expressed their intent to return to the team next year with the goal of once again becoming the state champions. The experience that all of the team members received from their participation will be something they will never forget.

We would not have been able to reach the level of development we reached or participate in the state competition in Las Vegas without the generous contributions of time and money given by supporters such as you. Thank you very much for your contribution.

ANNOUNCEMENT

Lisa Vogt, an Associate of Bible, Hoy & Trachok has been recently appointed to the Executive Board of CAAW (Committee to Aid Abused Women). Lisa feels very strongly about the services the committee offers to women. Congratulations, Lisa! Keep up the good work!