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ATLANTA | VOLUME 6 ISSUE 1<br />

www.atlantaattorneymagazine.com<br />

MAGAZINE<br />

Miles Mediation<br />

& Arbitration Services<br />

ADR FIRM OF THE MONTH<br />

MARKETING<br />

SPECIAL EDITION


ATLANTA | VOLUME 6 ISSUE 1<br />

www.atlantaattorneymagazine.com<br />

MAGAZINE<br />

Michael R. Braun<br />

ATTORNEY OF THE MONTH<br />

MARKETING<br />

SPECIAL EDITION<br />

2 | www.atlantaattorneymagazine.com


ATLANTA | VOLUME 6 ISSUE 1<br />

www.atlantaattorneymagazine.com<br />

MAGAZINE<br />

HOLLY GEERDES<br />

LAW FIRM OF THE MONTH<br />

MARKETING<br />

SPECIAL EDITION<br />

VOL. 6 ISSUE 1 ATLANTA ATTORNEY MAGAZINE | 3


WE’VE MOVED to<br />

WEST MIDTOWN<br />

... AND WE’RE GROWING<br />

INTRODUCING<br />

Bonnie M. Youn<br />

Sr. Legal Recruiter<br />

Teylor Newsome<br />

Legal Recruiter<br />

Cleo Sloan<br />

Legal Recruiter<br />

The RMN Agency<br />

The 2016 Daily Report Best Legal Recruiting Firm<br />

981 Joseph E. Lowery Boulevard, NW<br />

Ste. 100 • Atlanta • GA 30318<br />

www.thermnagency.com • 678-426-3180<br />

4 | www.atlantaattorneymagazine.com


Table of Contents<br />

EDITORIAL<br />

6 Miles Ahead in ADR<br />

ADR Firm of the Month<br />

By Jan Jaben-Eilon<br />

8 Helping Your Clients With<br />

“Peace of Mind”<br />

By Anne Cartledge<br />

10 A Champion for the<br />

Underdog<br />

Law Firm of the Month<br />

By Yona Pesman<br />

12 Law Office of Michael R.<br />

Braun. PC<br />

Attorney of the Month<br />

By Elaine Frances<br />

14 The Last White Fulton<br />

County Chief Jailer<br />

“Go Back to Canton”<br />

By Bill McGill<br />

<strong>17</strong> 35 Proven Tactics to<br />

Maximize Your LinkedIn<br />

Presence<br />

By Magazine Staff<br />

18 8 Stupid Social Media<br />

Tricks to Boost SEO<br />

“Social Channels are the<br />

New Google.” Social Media<br />

Today!<br />

By Magazine Staff<br />

Atlanta Attorney(s) at Law Magazine is<br />

published by: Bill McGill<br />

Bill McGill<br />

Publisher<br />

Jan Jaben-Eilon<br />

Elaine Frances<br />

Yona Pesman<br />

Staff Writers<br />

Scott Bagley<br />

Graphic Design<br />

Bonnie M. Youn<br />

Teylor Newsome<br />

Bill McGill<br />

Contributing Editors<br />

20 SEO Audit Checklist<br />

21 Authority Leadership<br />

Marketing. The Key to<br />

Engagement<br />

By Dave Murray<br />

23 The RMN Agency:<br />

A Legal Recruiting Agency<br />

Dedicated to Diversity,<br />

Inclusion and Belonging<br />

By Bonnie Youn and Taylor Newsome<br />

24 Linkedin Communication<br />

Templates<br />

25 Deal, Cagle Visit Fort<br />

Gordon, Cybersecurity<br />

Training Facility<br />

26 Successful Marketing<br />

By Larry Alton<br />

28 10 Most Common Legal<br />

Mistakes HR Makes<br />

SPECIAL SECTIONS<br />

28 Movers & Shakers<br />

Bill Adler Photography<br />

Jeremy Adamo Photography<br />

Photography<br />

Copyright c20<strong>17</strong>. Atlanta Attorney at Law<br />

Magazine all rights reserved. Reproduction<br />

in whole or in part of any text, photograph<br />

or illustration without written permission<br />

from the publisher is strictly prohibited.<br />

Subscription rate $9 per copy. Bulk rate on<br />

request. Mailed bulk third class standard<br />

paid in Atlanta, Georgia. Principal office:<br />

2221 Peachtree Road Suite D-460 Atlanta,<br />

Georgia. Send change of address to Atlanta<br />

Attorney at Law Magazine PO Box 14815<br />

Atlanta, Georgia 30324.<br />

Letter From the Publisher<br />

BUILDING A PORTFOLIO OF<br />

“CONTENT”<br />

All of us have heard this expression<br />

before, “one persons trash is another<br />

persons treasure.” Right. Those<br />

words lead me to answer this publishing<br />

question. Do you have this same fleeting<br />

feeling when you submit by-line articles to<br />

“so – called” news organizations?<br />

You personally spend countless hours<br />

researching and drafting the perfect article<br />

then, you send it to the news publishing<br />

companies. You wait to here from<br />

them and look through the pages; and<br />

not one printed or referenced the article.<br />

You’re not deterred so you turn to a public<br />

relations agency. The pr agency tells you,<br />

“we will write your article for a fee and<br />

next will send it to our news sources for<br />

a fee.” Ok. You agree and you wait again<br />

for the article to be published. You have<br />

no idea if it will be published. But, you<br />

paid this high-powered pr agency to get it<br />

published. So you have confidence it will<br />

be published. Was it worth it? Were you<br />

in control of the process? Ultimately you<br />

want your audience to read your article<br />

and to make a judgment.<br />

News, information and content have<br />

become a niche business. Find your target<br />

audience and if you want to reach this<br />

audience through a publication invest in<br />

your work. This magazine targets nearly<br />

13,000 private practice attorneys.<br />

Highest regards,<br />

Bill McGill<br />

Atlanta | (404) 229-0780 | mcgill@atlantaattorneymagazine.com<br />

VOL. 6 ISSUE 1 ATLANTA ATTORNEY MAGAZINE | 5


ADR Firm of the Month<br />

Miles Ahead in ADR<br />

By Jan Jaben-Eilon<br />

When attorney John Miles<br />

started mediating, the<br />

legal profession looked<br />

at mediation much like<br />

doctors viewed acupuncture. In those<br />

days, mediation meant a third party<br />

would convey a message, including<br />

numbers, from one group of people in<br />

one room, to another party in another<br />

room. And back and forth, until some<br />

compromise was agreed upon.<br />

“When I started in 2000, mediation<br />

was small on the horizon,” Miles recalls.<br />

“A real lawyer would never do<br />

mediation.” He drove his truck from<br />

place to place, explaining the process<br />

of mediation. He had been a partner<br />

in a law firm, but hadn’t enjoyed his<br />

work. When he told his partners that<br />

he would be leaving to find something<br />

new, they asked him if he would<br />

wind up a number of construction<br />

cases that were in mediation. “I began<br />

to ask questions, and realized that I<br />

could do this. When I found mediation,<br />

I knew that’s what I was meant<br />

to do. I knew I truly enjoyed it and<br />

knew that I could build something<br />

successful.”<br />

And that’s exactly what he’s done<br />

in the last 16 years. As demand grew,<br />

he moved from his truck into his first<br />

office in Madison, GA., in the spring<br />

of 2001. The following year Miles Mediation<br />

& Arbitration Services, LLC,<br />

a practice devoted exclusively to mediation<br />

and arbitration, opened an<br />

office in the Perimeter area in north<br />

Atlanta. Now he also has an office in<br />

Savannah. And his goal is to expand<br />

throughout the Southeast, and then<br />

across the country.<br />

“To say that Alternative Dispute<br />

Resolution (ADR) is a growth industry,<br />

is an understatement,” he says.<br />

“As both population and the number<br />

of claims has increased, it’s more difficult<br />

to get a case to trial. There was<br />

a need to make the process faster and<br />

more cost effective. ADR is a good alternative<br />

to traditional litigation.”<br />

“When I started out, I went to talk<br />

to a judge about mediation, but the<br />

bench was indifferent. Now most<br />

judges see the value and effectiveness<br />

in moving cases off their calendars.<br />

Now it’s the norm to try mediation,”<br />

Miles explains. Mediation offers parties<br />

the option of early resolution and<br />

leads to more referrals to Miles.<br />

In the last decade or so, Miles – a<br />

graduate of Concordia College in<br />

Minnesota and Emory University<br />

College of Law — has tweaked his mediation<br />

method to become even more<br />

successful. Eight-two percent of his firm’s<br />

cases are settled at mediation or within one<br />

week of the mediation. He credits that<br />

success partly on the surveys he con-<br />

6 | www.atlantaattorneymagazine.com


ducted for a book he wrote about mediation in 2012: A<br />

New Day in Court. He wanted to know what motivated<br />

people to come to mediation and to settle their cases. “I<br />

wondered what separated me from others. I surveyed<br />

people and asked them why they came to mediation.<br />

I thought the answers could be money, fear, justice or<br />

anger, but really, I thought it would be all about money.”<br />

Prior to conducting the surveys, he thought money was<br />

the primary motivator, but he learned that most plaintiffs<br />

are motivated by emotion.<br />

For people who are injured, the process is just as<br />

important as the end result. They need to trust in the<br />

process, as well as have a certain comfort level. “As a<br />

result of the book and surveys, we changed the way we<br />

mediated at Miles,” he explains. “I’ve learned that I must<br />

surround myself with talented people. We are in the<br />

hospitality business. In addition to great mediators, we<br />

also provide an environment conducive to resolution.”<br />

That environment is evident as soon as one walks into<br />

the Miles Mediation office. A person is immediately<br />

greeted and taken to their assigned conference room.<br />

Among the amenities offered are breakfast, catered<br />

lunch, fresh fruit, desserts, snacks and a variety of beverages.<br />

There’s free Wi-Fi, and all kinds of equipment<br />

such as PowerPoint presentation screen and projector,<br />

computer access and teleconferencing capabilities.<br />

In 2005, the firm’s average case settled for $50,000.<br />

In the last three years, Miles has moved to larger cases,<br />

in the high six figures. But for the person who settles at<br />

$10,000 or $1 million, the needs are the same, especially<br />

trust and respect. “We make sure that even if the case<br />

doesn’t get settled, you will at least understand that you<br />

have been heard and that the others will have listened<br />

to what you have to say. The parties get to speak to each<br />

other and hear each other. It’s a feeling of empowerment,<br />

and typically at the end, there’s a consensus. “My<br />

research showed that the more something matters to us, the less<br />

likely we are to surrender control to a third party.”<br />

What really sets Miles Mediation & Arbitration Services<br />

apart is the team approach that Miles developed.<br />

At some point, he realized that he had to establish his<br />

brand. “Brand is people,” he states matter-of-factly.<br />

“When I started the team approach, most were independent<br />

contractors who had a desire to grow their own<br />

practice. It wasn’t about a brand.” The team approach<br />

allows team leaders an opportunity to recruit and train<br />

new mediators.<br />

Each of his team leaders brings unique experience<br />

and skills to the mediation practice. Miles says that<br />

there are fewer than 20 mediators in Georgia who make<br />

a significant living from full-time mediation. Six are in<br />

his offices. In addition to him, those team leaders are Joseph<br />

M. Murphey, David C. Nutter, Gregory J. Parent, Hon. Susan B.<br />

Forsling, Wayne Wilson and Daniel C. Cohen – the latter in the<br />

Savannah office.<br />

In 2016, Murphey received the National Law Journal’s<br />

“ADR Champion” award. He was the only mediator in<br />

Georgia to receive this distinction. “Joe Murphey has<br />

Joseph M. Murphey, Esq.<br />

Gregory J. Parent, Esq.<br />

Daniel C. Cohen, Esq.<br />

David C. Nutter, Esq.<br />

Hon. Susan B. Forsling<br />

Wayne Wilson, Esq.<br />

been with Miles since the beginning,” says Miles. “He was my first team<br />

leader. Joe cut his teeth mediating automobile accident cases and now<br />

is called upon to help resolve high value and complex cases for the best<br />

attorneys in the state.”<br />

Team leader David Nutter handles complex business disputes, employment<br />

litigation, corporate and partnership litigation and dissolutions, and banking and<br />

finance. On Nutter, Miles says, “David is one of the most respected and<br />

requested business mediators in the Southeast. If you have a complex<br />

commercial dispute, then David is the mediator for you. His intellectual<br />

ability is matched only by his integrity.”<br />

Team leader Susan Forsling is a widely respected mediator and arbitrator<br />

who specializes primarily in complex cases involving personal<br />

injury, medical negligence, wrongful death, professional liability, commercial<br />

contracts, local government, civil rights and bad faith insur-<br />

VOL. 6 ISSUE 1 ATLANTA ATTORNEY MAGAZINE | 7


AT A GLANCE<br />

Miles Mediation & Arbitration Services<br />

6 Concourse Parkway, Suite 1950<br />

Atlanta, GA 30328<br />

Phone: 678-320-9118<br />

Website : milesmediation.com<br />

Founder:<br />

John K. Miles, Jr., 2000<br />

Firm Composition<br />

Team Leaders:<br />

Hon. Susan B. Forsling<br />

David C. Nutter, Esq.<br />

Joseph M. Murphey, Esq.<br />

Gregory J. Parent, Esq.<br />

Daniel C. Cohen, Esq.<br />

Wayne Wilson, Esq.<br />

Practice Areas:<br />

Alternative Dispute Resolution<br />

Awards:<br />

• Voted Best “Alternative Dispute<br />

Resolution” firm three years in a row<br />

by the Daily Report<br />

• Team Leader Joseph Murphey named<br />

“ADR Champion” by the National Law<br />

Journal in 2016<br />

• Team Leader Gregory Parent voted<br />

“Georgia’s No. 1 Mediator/Arbitrator”<br />

by the Daily Report<br />

• John Miles voted Georgia’s No. 2<br />

Mediator/Arbitrator by the<br />

Daily Report<br />

Other Locations:<br />

Savannah, GA<br />

ance claims. Her long years on the bench bring a valuable voice to<br />

the firm. “Most who mediate at Miles address Susan as ‘Judge Forsling’<br />

but she is quick to insist they call her Susan,” says Miles. “It is<br />

that balance of humility, talent and experience that has made Susan<br />

the go-to mediator for complex personal injury disputes.”<br />

Team leader Wayne Wilson is another mediator who has been<br />

with Miles since the beginning. “Wayne Wilson is the most wellliked<br />

and respected mediator in the state,” says Miles. “His ability to<br />

identify and empathize with others makes him the perfect mediator<br />

for any size personal injury case.”<br />

Miles says that he would not have a Savannah office if it hadn’t<br />

been for Cohen joining his team. “When I decided to expand to the<br />

coast I quickly learned that I had to associate with Danny Cohen.<br />

His reputation as an elite mediator extends far beyond coastal Georgia.<br />

He is comfortable mediating complex commercial and personal<br />

injury cases,” says Miles. As a mediator and litigator in Georgia and<br />

South Carolina for more than 30 years, Cohen handles a variety of<br />

cases involving personal injury, medical malpractice, commercial<br />

and business, premises liability, product liability, torts, trucking,<br />

employment/discrimination, wrongful death and construction litigation<br />

claims.<br />

Team leader Greg Parent has worked as a claims adjuster and<br />

plaintiff ’s attorney, and also handled insurance defense work for<br />

two prominent law firms, dealing with all types of civil litigation<br />

matters. “Greg Parent was recently named the best mediator in the<br />

state and those who have worked with him know why,” says Miles.<br />

“His skill as a mediator is complimented by his work ethic. If Greg<br />

can’t settle your case, then the case can’t be settled.”<br />

For the third year in a row, Miles Mediation & Arbitration was recently<br />

named the “Top Alternative Dispute Resolution Firm,” by the<br />

Daily Report. Additionally, team leader Greg Parent was voted the<br />

number one Mediator/Arbitrator in the state, while Miles himself<br />

was voted number two.<br />

At the time of the announcement, Miles said, “It’s an honor to<br />

be recognized as the premier ADR firm in Georgia. I am proud of<br />

this accomplishment, not because we won an award, but because of<br />

what it represents. It represents our clients’ trust, and it’s their trust<br />

that has led to the growth and success of Miles. Greg’s achievement<br />

is even more remarkable when you consider that he has only been<br />

mediating since 2012. He’s the best in the state and his best years are<br />

still ahead of him.”<br />

These awards, Miles says, are notable “if it helps someone out<br />

there searching our web site and they have more comfort level because<br />

of the award. If the award gets them in the door, then that’s<br />

great. Once they are here, they will feel better. But the impact we<br />

have on people’s lives is more important than awards.”<br />

Miles is bullish about his firm’s future. “The trends over the next<br />

five to 10 years are for continued exponential growth,” he says, due<br />

to a growing population and expanding economy. As more people<br />

interact, disputes arise. “As a nation, we have many issues we will<br />

have to work out,” he adds, particularly citing health care and its<br />

costs. “We will have to work that out hand in hand with litigators.<br />

Fortunately, ADR has become a more acceptable means for resolving<br />

disputes of all complexities.”<br />

As a nation, we have many issues we will have to work out,” he adds, particularly<br />

citing health care and its costs. “We will have to work that out hand<br />

in hand with litigators to help resolve disputes.<br />

8 | www.atlantaattorneymagazine.com


Work & Life Balance<br />

HELPING YOUR CLIENTS WITH “PEACE OF MIND”<br />

By Anne Cartledge<br />

People who seek out attorneys for<br />

help are either in a “state of discomfort”<br />

or just need “legal execution<br />

and advice”. No matter what the situation,<br />

having to deal with legal matters is<br />

overwhelming and distracts people from<br />

their professional and personal lives. Legal<br />

procedures are important and need<br />

to come first, therefore people find themselves<br />

stressed over the duration, demand,<br />

and intensity of the process. The<br />

reality of time and focus needed when<br />

dealing with a legal situation may result<br />

in clients getting behind in other areas,<br />

allowing things to get postponed or fall<br />

through the cracks, or not get done at all.<br />

Since client’s legal matters become attorney’s<br />

legal deliverables, helping clients<br />

“reduce the distractions” and “ease the<br />

burden” of being overwhelmed during<br />

and after the process can be very comforting.<br />

Anne Cartledge is the Principal Consultant for TaskAnne,<br />

LLC. Her company focuses on organizational<br />

and management services in the areas of Home Operations<br />

and Personal Transition. Anne’s experience<br />

covers over 21 years in home management, 18 years<br />

in the software industry, and 9 years of legal assistance<br />

and exposure which makes her in a unique position to<br />

provide the services TaskAnne offers.<br />

Help Organize and Keep the<br />

Wheels Turning for Your Client.<br />

Two areas of concern for people that<br />

often tend to suffer during legal processes<br />

are tasks associated with (1) home operations<br />

and (2) personal transition.<br />

As a person’s legal representative, you<br />

may find your client asking your opinion<br />

or advice about areas that are not associated<br />

with your specific legal profession or<br />

case at hand. Clients trust you for referrals.<br />

Clients like to pick your brain and<br />

look for ways and ideas that give them “a<br />

peace of mind”. When it comes to integrating,<br />

and allocating the time to focus<br />

on the legal proceeding vs home management<br />

and personal transition, people get<br />

can get stuck and have a hard time “balancing<br />

their time”. Attorneys are in a great<br />

position to continue winning their client’s<br />

trust and confidence by sharing ideas and<br />

resources to help them navigate the steps<br />

and changes that pop up or lurk ahead.<br />

Understanding Areas of Concern.<br />

Identifying areas of concern outside of<br />

your legal services can often lead to repeat<br />

business and new clients. People depend<br />

on their attorney not only to represent<br />

them but to care about them and help<br />

them in general. Depending on where<br />

people are in life, they can find themselves<br />

too busy, overwhelmed, uninformed, uninterested,<br />

or unable to keep up with routine<br />

life demands and tasks. Having an<br />

attorney who is willing to listen and offer<br />

suggestions and recommendations can be<br />

a convincing component of your value in<br />

their eyes.<br />

Offering A Sense of Security,<br />

Trust and Stability.<br />

Attorneys are good at thinking through<br />

a comprehensive approach to give their clients<br />

a sense of security, trust, and stability<br />

through cost-effective ideas<br />

and services to help ease,<br />

alleviate, or remove the burdens<br />

and pressures associated<br />

with working with them.<br />

Part of this approach could<br />

be to identify resources that would help<br />

with time management and stress reduction<br />

outside of your services. Areas that<br />

need consistent attention, more so in challenging<br />

times, are home management or<br />

personal transition. A good resource for<br />

this relief will be able to:<br />

• Deter and reduce the risk of<br />

financial abuse and waste<br />

• Alleviate stress<br />

• Provide the confidence and trust that<br />

things get done in an organized<br />

manner<br />

• Provide relief from task<br />

management, legwork, and detail<br />

while gaining knowledge and insight<br />

into options and needs<br />

• Understand the “big picture” and<br />

steps needed for transition<br />

• Realize costs savings associated with<br />

transition planning and preparation<br />

Who Can Benefit?<br />

If you think about it- you and/or your<br />

clients can benefit. You may be like some of<br />

your clients so you can relate to being super<br />

busy, have aging parents, or know someone<br />

who has gone through a separation or loss<br />

of a loved one. Busy professionals are concerned<br />

with the not only “making” time but<br />

“the value” of their time. Aging seniors<br />

are concerned with being taken advantage<br />

of or not having the stamina to handle life<br />

maintenance leaving them feeling vulnerable,<br />

frustrated, and uniformed. Separating<br />

spouses or individuals who lose a loved one<br />

are concerned with moving forward and<br />

starting over in life.<br />

Offering your clients solutions of relief<br />

while working with you on their legal<br />

matters can only add good merit to your<br />

reputation and leave helpful, positive,<br />

lasting impressions.<br />

Sharing information and suggesting<br />

options are Win–Win situations for all.<br />

To learn more, visit www.taskanne.com<br />

or contact Anne at (404) 323-7936<br />

or email anne@taskanne.com.<br />

VOL. 6 ISSUE 1 ATLANTA ATTORNEY MAGAZINE | 9


A CHAMPION FOR THE<br />

It’s clear upon introduction: Holly Geerdes<br />

is a diminutive, no-nonsense, straighttalking<br />

powerhouse. And it’s also obvious<br />

that she knows who she is, where she came<br />

from and what she wants to do.<br />

“I’ve always been a champion for the underdog,<br />

and smarter, more competitive and<br />

skilled than most. I have always believed that<br />

this is a gift that should be used for good,”<br />

she says, explaining why she became a lawyer,<br />

and now heads Geerdes & Associates<br />

in well-designed Atlantic Station offices<br />

planned as a casual, relaxing environment.<br />

A soothing fountain flows down a wall in<br />

the reception area.<br />

“I was born with drive. I was adopted from<br />

South Korea as a six-year-old. I was raised<br />

in Iowa and am very grateful to be raised<br />

by really good parents. My father was an<br />

entrepreneur, which always interested me.<br />

I always wanted to have my own business,”<br />

she says. Her mother was a postmaster. Both<br />

instilled in her a strong work ethic.<br />

“I work really hard and I am really committed<br />

to doing what’s right for my clients no<br />

matter how much they are paying me,” she<br />

notes. Whether it’s $1,000 or $10,000, “I treat<br />

Holly Geerdes<br />

10 | www.atlantaattorneymagazine.com


UNDERDOG<br />

By Yona Pesman<br />

every client the same.” On the firm’s web site,<br />

it states: “We cater to local businesses and<br />

individuals at a rate that meets their needs.”<br />

Geerdes’ practice focuses on business litigation<br />

and estate planning. One of the largest<br />

litigation cases dealt with a multi-million-dollar<br />

dispute. She says simply, “People<br />

fight over money.” Although she considers<br />

herself a general practitioner who has<br />

wide-ranging legal experience that<br />

encompasses family and criminal<br />

law, her work emphasizes probate<br />

and estate planning for current<br />

clients. Typically, $15 million is at<br />

stake in an estate battle.<br />

Geerdes has been a lawyer since<br />

2000 and in private practice since<br />

2005. During those first five years,<br />

she served as a supervisor on appeals<br />

at the Georgia Supreme Court,<br />

where she established herself as one<br />

of the premier trial and appellate attorneys<br />

in the state, winning several<br />

important cases. As a result, from<br />

2001 to 2005, she received the prestigious<br />

“Case of the Year” award<br />

in Georgia for her winning representations<br />

at the Georgia Supreme<br />

Court. “We’d take the most complex<br />

and pivotal cases that would have<br />

the most impact. I worked to get<br />

the electric chair abolished and on<br />

reversals of death penalties.”<br />

She was named “Outstanding<br />

Young Lawyer” in 2004 by the State<br />

Bar of Georgia in recognition of<br />

her accomplishments. She has also<br />

been appointed by the Georgia Supreme<br />

Court to serve as a mentor<br />

for law students transitioning into<br />

the practice of law. In 2006, she<br />

was named Top 14 under 40 Attorneys<br />

by the Fulton Daily Report<br />

and Super Lawyer on the Rise in<br />

2007, chosen by lawyers and judges<br />

throughout the state.<br />

She describes those early years as<br />

“high stakes litigation” that gave her<br />

tremendous contacts and experience.<br />

One of those contacts was her<br />

“litigation mentor,” Michael Mears. Now an<br />

associate professor at Atlanta’s John Marshall<br />

Law School where Geerdes is an adjunct<br />

professor, Mears was selected, in 2003,<br />

to be the founding director of the Georgia<br />

Public Defender Standards Council after<br />

serving more than a decade as the director<br />

of the Multi-County Public Defender Office,<br />

a state-wide death penalty public defender<br />

service funded by the state.<br />

“I learned my skills in court from him,<br />

especially how he prepares cases,” Geerdes<br />

recalls of her mentor. “He would prepare<br />

every detail and make sure he reviewed and<br />

analyzed every detail.”<br />

She said she misses her work in public<br />

service, but it was time to move on. The five<br />

years fit the timeline she had set for herself<br />

and she knew it was time to start her private<br />

practice.<br />

As an undergraduate at the University<br />

of Iowa, Geerdes received dual degrees in<br />

business and political science, before getting<br />

her law degree at the University of Minnesota.<br />

“I like numbers. I’ve always understood<br />

that law is a business. The challenge as a<br />

sole practitioner is that I have to wear all the<br />

hats. With partners you can delegate, but<br />

even with my support staff, I must oversee<br />

everything. Running a business is the hardest<br />

thing for a lawyer; no one teaches you in<br />

law school how to run your own business.<br />

But you get to a point in the practice where<br />

the law takes care of itself. We know how to<br />

prepare cases. I love the practice and clients,”<br />

says Geerdes, adding that by herself she<br />

grosses over $1 million, while working “reasonable<br />

hours”.<br />

Although she says she might expand her<br />

practice down the road, for now she’s very<br />

satisfied with how she’s built her firm.<br />

“I’m in court four to five days a week, mostly<br />

in the mornings, mostly in Fulton, DeKalb,<br />

Gwinnett, and Clayton counties,” she says,<br />

adding that she was attracted to Atlanta because<br />

of its warm weather.<br />

At 43, and five-feet tall,<br />

Geerdes says it’s still a challenge<br />

for her as a female in a profession<br />

where the majority of lawyers<br />

and judges are male. “I have a deep voice<br />

over the phone, so when people see me, they<br />

are surprised. I look like I’m maybe 22. But<br />

I feel I tend to get respect. I’m definitely not<br />

a push-over. This type of work isn’t for the<br />

faint of heart.”<br />

She feels most rewarded when she gets<br />

a win for her clients. “I hate to lose. I love<br />

when you can get your clients their rights.<br />

But it’s a little anti-climactic after a win. You<br />

need to get intrinsic satisfaction by just caring<br />

about your clients.”<br />

Perhaps not surprisingly, many of Geerdes’<br />

clients are Asian. She’s very active in the<br />

Asian community, noting the large populations<br />

of Koreans, Vietnamese, Chinese and<br />

Laotian in Gwinnett County. “I have a lot of<br />

friends there and they support me. There are<br />

not a lot of good Asian litigators,” says the<br />

former Iowan who never saw Asians as she<br />

was growing up.<br />

On a typical day, lying in the corner of her<br />

office is one of the many dogs she has adopted<br />

over the years. “I rescue a lot of dogs.<br />

Sometimes I even pay people to foster dogs.<br />

It’s soothing to have dogs around. They are<br />

my form of stress relief,” says Geerdes.<br />

An office manager brings in Bella from a<br />

walk as Geerdes points to the family-oriented,<br />

congenial staff that includes three paralegals.<br />

She gives a tour of the former condominium<br />

leasing office, noting that her staff<br />

has access to the exercise room and outdoor<br />

pool. She sponsors events for friends and<br />

family in a large, comfortable entertaining<br />

area and explains that that’s her way of giving<br />

back to the community.<br />

Geerdes believes her Midwestern upbringing<br />

helped shape who she is. “Midwesterners<br />

are goal-oriented, self-directed<br />

and driven. We’re not pretentious and don’t<br />

show off our money.” Apparently, it’s a winning<br />

combination. All of Geerdes’ business<br />

comes from referrals.<br />

Geerdes & Associates<br />

400 <strong>17</strong>th Street Atlanta, GA 30363;<br />

(770) 643-9912 www.gklawgroup.com<br />

VOL. 6 ISSUE 1 ATLANTA ATTORNEY MAGAZINE | 11


LAW OFFICE OF<br />

Michael R. Braun. PC<br />

By Elaine Frances<br />

12 | www.atlantaattorneymagazine.com<br />

Not many people decide on<br />

their careers while still in elementary<br />

school. But Michael<br />

R. Braun was enraptured by<br />

the litigator known as Michael Kuzak<br />

(played by actor Harry Hamlin) on L.A.<br />

Law. “I loved the show! He was the coolest<br />

character!” Braun decided he wanted<br />

to be Kuzak when he grew up!<br />

Today, the University of Georgia and<br />

Atlanta Law School-degreed Braun sits in<br />

his Marietta office equally in love with his<br />

own practice as a litigator specializing in<br />

personal injury law. Representing clients<br />

who have been injured through the careless,<br />

reckless or wrongful conduct of others,<br />

Braun has won upwards of $28 million<br />

in awards for his clients. In some of those<br />

instances, he managed to win cases previously<br />

turned down by other attorneys.<br />

For example, one client fell and broke<br />

her hip on a curb in front of a major retailer.<br />

Three other law firms turned down<br />

the case. The retail company offered<br />

Braun’s client a settlement of $5,000. “We<br />

tried the case and received a $5 million<br />

verdict,” he recalls. In another, more complicated,<br />

case, he represented the family of<br />

a six-year-old child who had been asleep<br />

in the family’s SUV when it was hit by an<br />

18-wheeler that also involved another vehicle.<br />

The child was declared brain dead.<br />

Braun litigated the case for more than one<br />

year. The defense attorney told him that<br />

his client wouldn’t pay a dime. “A week<br />

before the trial, they paid out $9.25 million,”<br />

which allowed the family to take<br />

care of the youth whose body continued<br />

to grow unlike his brain. “I would have<br />

loved to have tried the case, but this was a<br />

sure thing. I couldn’t take away that guaranteed<br />

amount for my client.”<br />

While Braun loves to go to trial, he<br />

understands that trials are never an easy<br />

experience for the client. “The trial itself<br />

isn’t a good experience. People question<br />

you, your motive, and who you are. Even<br />

when you win, the client feels as though


they have been beaten up and torn apart,” Braun says. “Trials are<br />

the fun part of my job, but if I can get a fair settlement for my<br />

client, I’m always happy for them. It’s also why I love contingency<br />

fees. I have every incentive in the world to help my clients get as<br />

much as possible.”<br />

Braun tries about six or seven cases a year, each<br />

requiring at least a year of preparation. Besides<br />

looking at the case itself, Braun looks for fair judges,<br />

“those who are knowledgeable about the law.”<br />

Braun says there are two kinds of personal injury cases.<br />

There are rear-end accidents, where it is generally pretty easy<br />

to prove liability, and “the only question is the amount of compensation.<br />

But those cases don’t tend to be as challenging. The<br />

ones that I truly enjoy are the ones where things are not as clear,<br />

and you really have to investigate, in order to put the pieces of<br />

the puzzle together,” he says. “The more challenging, the more<br />

enjoyable. There is also a tremendous amount of satisfaction<br />

when I am able to help someone that has been told they don’t<br />

have a case.” Braun noted that the Defendants in both the trip<br />

and fall verdict and the tractor trailer settlement denied liability,<br />

right up until the moment that they couldn’t. “In both<br />

cases my clients had to fight hard, and endure a lot, to get the<br />

compensation that they deserved. I was thrilled that I was able<br />

to help them achieve that.”<br />

Braun tries about six or seven cases a year, each requiring<br />

at least a year of preparation. Besides looking at the case itself,<br />

Braun looks for fair judges, “those who are knowledgeable about<br />

the law.” Choosing juries varies depending on the county where<br />

the case is tried. “You have to look at where you are trying the<br />

case because it also determines how you try it,” says the attorney<br />

who has gone to trial in more than 100 personal injury cases<br />

around Georgia.<br />

Throughout his career, Braun has worked at large and small law<br />

firms, sometimes with partners. But since the first of the year, he’s a<br />

sole practitioner. “I always vacillate about bringing in an associate,<br />

but I like doing the work. I like seeing the clients myself and I like<br />

the flexibility.” And he points out, “Personal injury is one of the few<br />

areas of law where you can be on your own.”<br />

However, Braun explains that he essentially fell into personal<br />

injury law. While he was in law school, he worked during the day<br />

and took classes at night. “That’s where I got my work ethic,” he<br />

says now. During his third year, he worked for a personal injury<br />

firm. “I ended up working there for four years. But I realized that<br />

I didn’t want to be a volume lawyer. I wanted to be a litigator and<br />

that firm didn’t do litigation. That’s what first forced me to go out<br />

on my own.”<br />

The downside of being on his own is having to handle the<br />

details of a business. “Being a businessman is the worst part of<br />

being a sole practitioner. I hate paying bills and figuring out the<br />

phone systems,” he says. “I don’t like dealing with employee issues,<br />

although I love my staff now.”<br />

Admitted to practice in the State of Georgia, the U.S. District<br />

Court, the U.S. Court of Appeals, and the U.S. Supreme Court,<br />

Braun is a certified civil trial lawyer through the National Board<br />

of Trial Advocacy and has been a guest lecturer focusing on<br />

the topics of trials and depositions. In addition, he has been<br />

selected by his peers as a Super Lawyer, as recognized by Atlanta<br />

Magazine.<br />

When he’s not at work, the father of three is involved with<br />

his religious congregation as well as high school football. His<br />

eldest daughter “is very vocal about her politics. She talks<br />

about wanting to change things. We suggest politics or law,<br />

but the first step in any case, should be law,” he says, totally<br />

supportive of her following in his legal footsteps.<br />

“I’m one of the fortunate few who truly loves my work. I<br />

like coming to work,” says the New Orleans native. “I like<br />

all my cases. I truly care about my clients and I like to think<br />

I’m stupid enough to attack any challenge. I take on cases<br />

I probably shouldn’t, if you look at the hourly basis. Some<br />

I lose money on. But people need their day in court. They<br />

need representation.”<br />

AT A GLANCE<br />

Firm Name<br />

Law Office of Michael R. Braun. PC<br />

3225 Shallowford Rd., Ste. 500,<br />

Marietta, Georgia 30062<br />

Phone – (770) 421-6888<br />

www.GeorgiaInjury.com<br />

Founder<br />

Michael R. Braun, 1997<br />

Firm Composition<br />

1 Partner<br />

Staff<br />

Alexandra Feldman<br />

Samantha Grant<br />

Megan Brennan<br />

Practice Areas<br />

Personal Injury<br />

Community/Civic Involvement<br />

Sponsor Pope High School Athletics;<br />

a variety of local charities<br />

Awards<br />

AV rated; Georgia Super Lawyer<br />

VOL. 6 ISSUE 1 ATLANTA ATTORNEY MAGAZINE | 13


The Last White Fulton County Chief Jailer<br />

“GO BACK<br />

TO CANTON”<br />

By Bill McGill<br />

“Go Back to Canton” Kaye Burwell, lead defense attorney<br />

said in her closing remarks. Sheriff Jackson<br />

said, “Nelson just didn’t talk to me”. The final straw<br />

that broke the camels back was the look! The “look” the Sheriff<br />

couldn’t describe during a sit down meeting. The next day Dennis<br />

Nelson, Chief Jailer was fired. It’s tragic two accomplished<br />

and decorated public servants came to have such disdain for<br />

one another. The week long trial was a he said he said, pissing<br />

match, with the elephant in the room being race.<br />

The first African-American woman appointed to the U.S.<br />

Federal District Court, the Honorable Judge Eleanor Ross presided<br />

over the weeklong trial. The trial was from Monday January<br />

23, 20<strong>17</strong> through Friday January 27, with a unanimous verdict<br />

coming at 4 pm. The contrast was clearly evident with the<br />

plaintiff ’s tables all white and the defendant’s tables all black.<br />

This was a federal civil matter and the jury seating of eight was<br />

split evenly down racial lines. The visual optics went even further<br />

as, every witness called by the plaintiff was white and every<br />

witness called by the defense was black.<br />

During voir dire, the very first question by the judge for the<br />

jury pool to raise their number to the question had the word<br />

prejudice in it. Juror number one raised his number to this<br />

Nelson’s September work schedule<br />

question. The process went on for a while until all the questions<br />

and numbers were raised. Juror number one was given the microphone<br />

to expound on the questions on the back of his card.<br />

The judge stopped him and, explained he would not be able to<br />

expound in front of the jury pool because, he raised his card<br />

to the prejudice word in it. The white juror stood as the judge<br />

told him and the jury pool, he would have to come back in the<br />

court room, by himself, to answer all questions because of fear<br />

of tainting the rest of the jurors in the court room.<br />

The former Deputy Chief of the Forsyth County Sheriff ’s Office<br />

became the warden or Chief Jailer of the Fulton County<br />

Jail holding sum 2,500 inmates 24/7 365 days of the year on<br />

February 8, 2010. In his short time as the new chief, the jail<br />

staff did not know him. However, the staff all new where he<br />

came from. Sheriff Jackson’s orders to Nelson were to clean up<br />

the huge mess the jail has become and, get out from under the<br />

federal court order consent decree.<br />

For those who do not know history. 1<br />

Forsyth County is a county located in the north central portion<br />

of the State of Georgia and thirty-five miles from Atlanta.<br />

Back in 1912 one of the nightmarish racist chapters in American<br />

history occurred when white mobs terrorized and drove<br />

out the entire black population about 1,100<br />

people. This was the white response to two<br />

incidents – the alleged rape of a white woman<br />

by a black man and the rape and beating<br />

of a young white woman who died of her injuries.<br />

A lynch mob attacked and hanged one<br />

black suspect. Two teenagers were hanged in<br />

public executions following a short trial.<br />

Nelson a graduate from Bellevue University<br />

in Nebraska and is presently the Warden,<br />

Clayton County Corrections Department<br />

and serves on the board as 1st Vice President<br />

of the GA Chiefs of Police. Sued the Fulton<br />

County Sheriff ’s Office for his firing in October<br />

21, 2010. He was seeking damages in<br />

excess of three quarters of a million dollars<br />

for discrimination and being humiliated by<br />

being escorted out of the jail by Lieutenant<br />

Colonel Mark Adger and forced to wait at<br />

the curb with his bag for a ride home as all<br />

the jail staff watched him from jail windows.<br />

14 | www.atlantaattorneymagazine.com


Sheriff Jackson<br />

Dennis Nelson<br />

Judge William S. Duffey on one of the last days of the trial gave Sheriff Jackson outside the<br />

courtroom these words of encouragement, “This, too, shall pass.”<br />

On the stand Nelson testified it was well known that Fulton<br />

County government workers face reverse discrimination. Defense<br />

objected and the judged sustained the objection. After a<br />

long pause, testimony resumed. The plaintiff ’s attorney Charles<br />

Bridgers claim stood on the Federal Americans with Disabilities<br />

Act not reverse discrimination and after reporting his disability<br />

when it became and issue. The Sheriff retaliated rather<br />

than make accommodation. Nelson contends<br />

that he suffered from sleep apnea, which required<br />

a reasonable accommodation from the<br />

defendant. He contends that the Sheriff failed<br />

and refused to engage in dialogue with Nelson<br />

about making reasonable accommodations<br />

to his disability. Further, contends the Sheriff<br />

discriminated against him by altering his<br />

work schedule creating false documentation of<br />

performance inadequacies, and by refusing to<br />

make a reasonable accommodation to his disability.<br />

Ultimately, after requesting a reasonable<br />

accommodation and participated in a meeting<br />

with the Fulton County of Equal Employment<br />

Opportunity and Disability Affairs, the Sheriff<br />

retaliated against Nelson by firing him.<br />

Nelson testified in the first quarter he was<br />

there he saved the county jail nearly $700,000 by<br />

cutting supervisor hours. Mainly by moving supervisors<br />

schedules around so sum would work<br />

weekends. Saw staff walking out to their cars<br />

with stacks of food filled containers. Changed<br />

the food service company to Aramark. Banned<br />

staff from brining into the jail their personal cell<br />

phones. Found that thirty percent of the jail cell<br />

locks didn’t work. Started a plan to fix the locks<br />

so inmates were not running loose. Began cleaning<br />

up the jail. Even asked to back date contracts.<br />

All of this caused many enemies.<br />

The result, backstabbing occurred and the staff revolted.<br />

Adger went so far as to tell the jury Nelson could not walk certain<br />

parts of the seven-story jail because, “They didn’t know<br />

who he was!” Adger ultimately became the Chief Jailer and the<br />

Colonel replacing Nelson and holds the position today. Adger<br />

told the jury he did not talk to the staff inside the jail nor socialized<br />

outside with the staff. As he said, “to get to know them”. Nel-<br />

Neslon’s first job performance ranking<br />

VOL. 6 ISSUE 1 ATLANTA ATTORNEY MAGAZINE | 15


son just could not understand<br />

the Crips, the Bloods<br />

and, the other gangs who<br />

infested the jail.<br />

Before, Deputy Sheriff<br />

Carter was appointed<br />

to his position he was the<br />

head of the courts for the<br />

department. Equal to Chief<br />

Nelson on the executive<br />

chart. He testified when<br />

he was promoted to Deputy<br />

Sheriff, Nelson then<br />

was ordered to report to<br />

him now and not Sheriff<br />

Jackson. He further confirmed<br />

the defense theme by telling the jurors, “Nelson was not<br />

interested in the people.” “He was not a leader”. Carter was now<br />

making out Nelson’s work schedule. This would have been starting<br />

in late June. Before this time Nelson testified Sheriff Jackson<br />

assured him he set his hours and could work weekdays and have<br />

weekends off. Deputy Carter gave him a month’s schedule with<br />

multiple back to back hour days. Someone without sleep apnea<br />

would have trouble with.<br />

Sheriff Jackson took the stand as the final witness and testified<br />

for many hours and never had any good things to say about Nelson.<br />

During cross the judge admonished the Sheriff to answer<br />

the question many times. Not even when plaintiff ’s attorney presented<br />

the federal court Monitor’s written report in July: Calvin<br />

Lightfoot wrote, “The Sheriff is to be commended for appointing<br />

Fulton County Government<br />

Payouts for Reverse Discrimination.<br />

Source AJC April, 2013<br />

No other core metro county, nor the city of Atlanta, has<br />

a workforce demographics so divergent from the people it<br />

serves. There are indications that the imbalance is exacerbating<br />

resentments in a county polarized along racial lines and<br />

leading to discriminatory employment practices that are costing<br />

taxpayers millions of dollars in lawsuit payouts.<br />

1.2 million in 2013 snubbed for a job being white and male.<br />

1.5 million when the former Human Services Deputy Director<br />

lost a director’s job to a black woman in 2007. A federal<br />

jury found in his favor.<br />

18 million in 2003 to settle a lawsuit alleging that seven<br />

white librarians were demoted and moved to outlying branches<br />

and that one black employee was punished for speaking up<br />

against the transfers.<br />

1 million in 2000 eighteen Fulton County Sheriff ’s Department<br />

staff won a reverse discrimination case in federal court.<br />

Portion of Monitor’s Calvin Lightfoot’s report.<br />

Chief Nelson”. The report when on to state; The Monitor acknowledges<br />

the professional and progressive administration<br />

of Chief Jailer, Dennis Nelson. The Sheriff ’s story told to<br />

the jury was Nelson was actively seeking the position and<br />

only met once. Further, the Sheriff worked with Nelson sister<br />

in the U.S. Attorneys Office and she vouched for him.<br />

The jury did not here the rebuttal testimony of Didi Nelson<br />

who told the magazine, “ The Sheriff actively recruited her<br />

brother for weeks until he finally excepted the Chief Jailer<br />

position”. The magazine confirmed with County Attorney<br />

Patrise Perkins-Hooker the position was not posted and<br />

there were very, very few people qualified for the position.<br />

When pressed did not give one name of another who was<br />

interviewed for the job and, left the impression there was not<br />

even a second person considered.<br />

The jury verdict found Nelson was disabled under the<br />

American with Disability Act but found the Sheriff accommodated<br />

his disability and did not retaliate against him. A<br />

juror who spoke with the magazine had these comments.<br />

The jurors were split 6 – 2 on all four questions. The 2 varied<br />

based on the questions. Jurors felt the enormity of the case.<br />

But, ultimately reached a unanimous decision on all questions<br />

based on finding Nelson did not work the greater hours<br />

necessary to do the job during that strenuous time of being<br />

under a consent decree.<br />

Judge William S. Duffey on one of the last days of the trial<br />

gave Sheriff Jackson outside the courtroom these words of<br />

encouragement, “This, too, shall pass.”<br />

Now, Mark Adger, Chief Jailer and thirty year veteran of<br />

the Sheriff ’s Department sets his own hours and primarily<br />

works the day shift. Deputy Chief Carter no longer makes<br />

out a multi-shift schedule for the Chief Jailer. Sheriff ’s Jackson’s<br />

para-military executive staff has twelve persons of<br />

whom one is white. Dennis Nelson back in 2010 was the one.<br />

Juror number one in the jury pool, his prejudice, was having<br />

one brother who has sleep apnea disability.<br />

References:<br />

1. NPR Transcript 9-15-2016 The racial cleansing.<br />

16 | www.atlantaattorneymagazine.com


35<br />

By<br />

Proven Tactics<br />

to Maximize Your<br />

LinkedIn Presence<br />

Magazine Staff<br />

1 If you could establish a business network, create a subject matter<br />

expert position, and generate leads for free - would you do it?<br />

2 LinkedIn is a matter of knowledge and practice. Learn and practice<br />

the basics and you can excel.<br />

3 LinkedIn has become my favorite playground, a great place to<br />

meet, greet, share and grow – and the<br />

best place for biz professionals.<br />

4 Those that wait for business to occur<br />

will be waiting a long time. Stop<br />

whining, start working smarter, get<br />

active and get found.<br />

5 Tired of connection requests from<br />

people that have nothing to do with<br />

what you do? Select who can send<br />

you invitations.<br />

6 A LI profile w/out a plan is like a<br />

house w/ out an architect: ugly and<br />

useless. Start w/ a plan- decide what<br />

you want to do.<br />

7 What goals would like to see accomplished<br />

here on LinkedIn. Before creating<br />

your profile, define your goals.<br />

8 Being viewed as a subject matter<br />

expert in your niche is more important now than ever. Generalists<br />

will not make the cut.<br />

9 A profile should tell a great story- your story. It should read like a<br />

book you can’t put down late at night...<br />

10 Done well, a profile can help an individual establish, define, develop,<br />

and display an area of expertise<br />

11 When someone opens your profile, you have 3- 5 seconds to<br />

engage them, to entice them to read more. Photo & headline are<br />

crucial.<br />

12 If you are an expert or leading authority, say so in your headline<br />

and back it up in your summary and experience.<br />

13 Develop credibility in your market, then build your visibility.<br />

Visibility without credibility has negative value.<br />

14 Use your customized LinkedIn profile url in your email signature,<br />

in your presentations and everywhere you face the public.<br />

15 A good profile can be the main way you are found on the web.<br />

Use SEO rich terms and industry jargon to enhance your findability.<br />

16 Your LinkedIn profile also needs to establish your credibility. Do<br />

not make assertions that cannot be substantiated.<br />

<strong>17</strong> Building your profile does not mean cutting and pasting your resume.<br />

Resumes are boring, and generally absolutely no fun to read.<br />

18 You want companies that could use your service to reach out to<br />

you, potential business partners to find you and reach out to you.<br />

19 Keep paragraphs short and explain how you can help others,<br />

and what you look for in return. Be very clear.<br />

20 Recommendations trump endorsements-they are real personal<br />

testimonials. Give recommendations to get them.<br />

21 Find people in your network who have legitimately helped you<br />

and give them a recommendation.<br />

22 Goal 1 of your profile is to create<br />

gravitational pull in your specialty<br />

area: your name needs to come up in<br />

every search.<br />

23 You are known by the company<br />

you keep, so choose and accept your<br />

connections wisely. Have a reason for<br />

each & every one.<br />

24 NEVER send the LI connecting<br />

“form letter”- ALWAYS offer a reason<br />

you’d like to connect. This makes you<br />

memorable immediately.<br />

25 Consider sending a quick “thank<br />

you” note to those who connect.<br />

99%+ don’t do this, so it will help you<br />

stand out.<br />

26 Look up people you read about<br />

in trade publications, the people who quoted and the people who<br />

write. Both may be key connections.<br />

27 Select groups predicated on your goals; will you meet the right<br />

people, share info, make connections and gain visibility?<br />

28 Visibility is predicated on activity; credibility by adding value.<br />

Gain both by posting good content and making great comments.<br />

29 Credibility is developed by being good at what you do, always<br />

working at getting better, and adding value to your community.<br />

30 The “Share” button is on blog & publications sites for a reason-<br />

USE IT & share pertinent articles in your groups.<br />

31 Always take the time to comment on anyone who responds to<br />

one of your discussions. Accessibility adds to credibility.<br />

32 So one of the best ways to find groups? Look at the groups of<br />

industry & thought leaders and other influencers.<br />

33 Need to get on the radar of an editor of an important magazine?<br />

Start posting their articles in your groups and commenting<br />

on them.<br />

34 Too much self-promotion destroys credibility. Develop a good<br />

ratio for what you post & include a healthy dose from other sources.<br />

35 You don’t have to participate daily, but participation at least<br />

weekly in any raises your visibility to that community.<br />

VOL. 6 ISSUE 1 ATLANTA ATTORNEY MAGAZINE | <strong>17</strong>


8 Stupid Social Media<br />

Tricks to Boost SEO<br />

“SOCIAL CHANNELS ARE THE NEW GOOGLE.” SOCIAL MEDIA TODAY!<br />

By Magazine Staff<br />

It’s tempting to view social media and SEO as two separate entities,<br />

but in our experience these two elements of digital marketing<br />

are interwoven. Using appropriate search terms in your social<br />

media posts helps users find your most relevant content and<br />

clearly spells out what’s being offered. In turn, social media shares<br />

greatly benefit your search engine visibility in the following ways:<br />

• By helping your site get indexed faster<br />

• By building links<br />

• By harnessing the power of influencers<br />

• By establishing credibility<br />

• By using social network names as key<br />

words to help people find your business<br />

• By giving people another place to<br />

find your location from a mobile<br />

device<br />

• By keeping your business<br />

listing fresh<br />

• By providing you with<br />

additional SEO metrics<br />

Google has never come out<br />

and explicitly stated that “more<br />

shares = higher rankings,” but<br />

in our experience and testing,<br />

we have found the connectionundeniable.<br />

The more your content<br />

is shared, the more links you<br />

get back to your site and the more<br />

Google notices, “Hey, this content is<br />

useful to readers!”<br />

1. Share on Social!<br />

This point may seem obvious, but you’d be<br />

surprised how many companies get this dead wrong.<br />

Common missteps include:<br />

• Sharing content just one time. Your fans aren’t all using<br />

social media at the same time. Honestly, it’s highly unlikely that<br />

they’re coming to your account each day to see what you have to<br />

say. Most people stumble across share-worthy content browsing<br />

their current news feeds, so if you have something substantial to<br />

say, you want to be sure people are seeing it. We share each blog<br />

post seven times on Twitter, three times on LinkedIn and twice<br />

on Facebook. We choose different days and times to spread it out<br />

over the course of the month, but we make sure no one misses<br />

out on our great marketing tips that way.<br />

• Repeating the same exact post. That said, you don’t want to<br />

repeat the same post word-for-word over and over again. Mix<br />

up the image you use and the language of your post, but link to<br />

the same blog. Add a mix of status updates, images, videos and<br />

linked articles in between to continue providing value to your<br />

readers. Posting randomly. Sign up for a free account at Hoot-<br />

Suite to schedule your posts in advance at regular intervals. Be<br />

sure to post at least every couple of days (if not every day) to<br />

stay fresh in your followers’ and fans’ minds. Conduct research<br />

to find out when your core demographic is using social media.<br />

If you need help with this aspect of social media management,<br />

Using link shorteners. Naked URLs count as direct links back<br />

to your site – which will improve your visibility in<br />

search engines. It’s unclear whether the “link<br />

juice” of link shorteners like Bit.ly and<br />

Ow.ly — or even shorteners sponsored<br />

by Twitter and Google, for that matter<br />

– translate into better search positioning.<br />

Instead, focus your efforts<br />

on creating a unique, short,<br />

keyword-rich URL as you write<br />

each blog post – keeping social<br />

sharing in mind.<br />

2. Make it Easy for Others<br />

to Share!<br />

Make sure you have social<br />

share icons on your website and<br />

directly on all blog posts. The old<br />

adage “Ask and you shall receive” is<br />

very true of social shares. Know your<br />

influencers and ask them to share. The<br />

more people you have sharing your content,<br />

the more Google is going to see your post as relevant<br />

and popular – and, in turn, the higher it will<br />

rank in the search engine results.<br />

- One tool we love is AddThis, which lets you add beautiful<br />

social sharing buttons to your posts and has great ‘related posts’<br />

features to keep users on your site longer.<br />

- Use ClickToTweet to embed easily tweetable snippets of your<br />

blog posts within the article.<br />

- Run the Headline Analyzer to see if your title will resonate<br />

with social media users.<br />

3. Choose Compelling Images!<br />

Articles with images get 94% more views, so the images you add<br />

to your blog are an important consideration. You want to make<br />

18 | www.atlantaattorneymagazine.com


Using appropriate search terms in your social media posts helps users find<br />

your most relevant content and clearly spells out what’s being offered.<br />

them compelling. We create our own colorful, unique header images<br />

in-house for aesthetic purposes and dig for infographics and<br />

stand-alone images that increase the value of our posts. When<br />

you upload images, be sure you’ve optimized the ALT TAG and<br />

TITLE TAG using relevant keywords. Adding a caption that contains<br />

keywords is a wise maneuver too!<br />

4. Consider Semantic Markup for Your Blog Posts!<br />

As Social Media Explorer explains, “Semantic markup is a fancy<br />

way of saying you can use HTML tags to tell search engines<br />

exactly what a specific piece of content is.” You essentially tell the<br />

search engines who wrote the blog post, what language is coding<br />

versus what is content, and when a string of words should be interpreted<br />

as an address. If you use WordPress, the Yoast Plugin<br />

provides a simple way to accomplish semantic markup. Just be<br />

sure you fill out the fields completely.<br />

Yoast is a worthwhile WordPress plugin because it:<br />

• Optimizes each blog for search engine ranking<br />

• Analyzes pages and posts for keyword optimization<br />

• Generates an XML sitemap to index your URLs and alert<br />

search engines of new posts<br />

• Optimizes content for social sharing<br />

Also, make sure you also fill out the card data in the main<br />

settings of the Yoast Plugin on WordPress.<br />

Google lets you embed code in your website to showcase your<br />

social profiles right in the search results. All you have to do is<br />

grab code from the Google Developers site to make this happen.<br />

Be sure to do this for Twitter, Facebook, Pinterest, Instagram and<br />

Google+.<br />

5. Write Catchy Headlines!<br />

The old advice of including a keyword in your headline never<br />

hurts for SEO. As you know, though, it takes a lot more to craft a<br />

headline that turns heads and solicits social media shares. As we<br />

told BuzzSumo recently, one of our most popular headlines was<br />

“How Home Depot’s Marketing Strategy Is Paying Off ” because<br />

the title reflects the name of a major brand people are familiar<br />

with and invites them to learn the secrets behind their strategy.<br />

Our audience of competitive entrepreneurs and forward-thinking<br />

marketers were eager to translate replicable tactics into tangible<br />

sales.<br />

Depending on your personality, you may choose to turn heads<br />

with a bit of unexpected sexual innuendo -- like the term “social<br />

media slut” or the phrase “multiply your followers like rabbits”…<br />

or touch upon a common theme – like the anatomy of a perfect<br />

tweet or strategies for beating procrastination once and for all.<br />

Lists have always been successful, as have posts that directly<br />

state the contents of the article in the clearest terms possible. Aim<br />

to spark curiosity with your title. Promise something of value.<br />

It is also beneficial to know what your audience is searching<br />

for. Head over to Google’s Keyword Planner and find the best<br />

phrases that people are actually typing in. If you want even more<br />

keywords, including long tail keywords, use UberSuggest.<br />

6. Optimize Tweets for Search!<br />

Tweets are like any other type of content. Your approach need<br />

to be strategic. Here’s a quick checklist of tweet optimization<br />

steps you can take from Social Media<br />

Examiner:<br />

• Use Twitter Analytics to review your tweets.<br />

• Include relevant keywords and tweet on topics your<br />

audience is most curious about.<br />

• Keep tweets 120 characters or less.<br />

Ask for retweets.<br />

Update your profile image, link and bio for campaigns and<br />

events. In addition to optimizing Tweets (and Facebook posts)<br />

with keywords, Social Media Examiner also recommends including<br />

keywords in YouTube posts and on Pinterest boards.<br />

7. Find Relevant Hashtags!<br />

Keep a pulse on what people are talking about and join conversations<br />

that are relevant to your business. Search for people who<br />

are looking for products or services you provide, who are asking<br />

questions, or who are using terms like “recommendations”,<br />

“looking for” or local city names. Sites like hashtagify.me and<br />

hashtags.org can help you find popular and trending hashtags.<br />

Using smart hashtags increases your odds of getting retweets and<br />

translates to better exposure for your tweets and posts.<br />

8. Use Free Social Bookmarking Sites!<br />

Help people find your content by promoting your articles and<br />

webpages on social bookmarking sites. Submitting your article<br />

details is a quick and easy process worthy of your time and effort.<br />

According to BloggersIdeas.com, “Technorati, Folkd, Blinklist,<br />

Digg, Pinterest, Diigo, Del.icio.us, Reddit, and StumbleUpon are<br />

some of the wellknown and top most social bookmarking websites.”<br />

We use OnlyWire.com to automate this process Following<br />

these 8 stupid simple steps will help, but only if you have a super<br />

optimized, SEO-friendly page. Want to make sure your website is<br />

fully optimized? Check out this checklist we made for you!<br />

VOL. 6 ISSUE 1 ATLANTA ATTORNEY MAGAZINE | 19


SEO AUDIT CHECKLIST<br />

ON-SITE ANALYSIS<br />

COMPETITIVE ANALYSIS KEYWORD RESEARCH<br />

Health<br />

Check<br />

Usability<br />

Review<br />

Competitive<br />

Site List<br />

Traffic<br />

Analysis<br />

Creating the<br />

keyword list<br />

Grade<br />

Keywords<br />

Perform a site search<br />

(“site: www.yourdomain.com”)<br />

Perform brand searches<br />

(products/service name)<br />

Review the total pages<br />

indexed<br />

Duplicate content review<br />

(www vs. non-www, etc.)<br />

Content<br />

Review<br />

Site load time<br />

Home page layout<br />

Landing interior pages<br />

Keyword focus<br />

Quality/frequency of<br />

CTA<br />

Server Redirect/<br />

Response Codes<br />

Industry competitors (primary market)<br />

List 3 - 5 leaders of industry and<br />

direct competitors<br />

Niche competitors (secondary market)<br />

List 2 - 3 competitors that specialize<br />

in specific areas of your industry<br />

Industry blogs, publications, associations<br />

List 25 - 50 influential industry sites<br />

Content<br />

Analysis<br />

Alexa.com<br />

Compete.com<br />

Hitwise.com<br />

Quantcast.com<br />

Semrush.com<br />

Link<br />

Analysis<br />

Enter website and competitors’<br />

sites/pages to Google Keyword tool<br />

Service<br />

Product<br />

Details<br />

Features<br />

Benefits<br />

Pull keywords currently driving<br />

traffic from analytics<br />

Survey customers (past/present)<br />

Relevance<br />

Volume<br />

Difficulty (organic, paid)<br />

Value per conversion<br />

Estimate cost of traffic<br />

Research<br />

Tools<br />

Ubersuggest<br />

Quality<br />

Length<br />

Hunam or goal-focused<br />

Ease or read/use<br />

Page<br />

Structure 1<br />

301 3<strong>02</strong><br />

307 404<br />

410 500<br />

503<br />

Page<br />

Structure 2<br />

Top pages Link building potential<br />

Quality Types of content<br />

Frequency Calls to action<br />

UniquenessUser-generated content<br />

Social<br />

Media<br />

Total number of inbound<br />

links<br />

Total number of linking<br />

domains<br />

Link building content<br />

Quality of links<br />

Source of link generation<br />

Ease of replication<br />

Listen on social channels via<br />

Social Mention or Topsy<br />

Find out what is preventing your site from<br />

ranking well in the search engines. Learn<br />

what requires your immediate attention.<br />

ON-SITE ANALYSIS<br />

Soolve<br />

Search-friendly URLs<br />

Complete and relevant<br />

Title Tags<br />

Unique, relevant<br />

Meta Descriptions<br />

Number of links on the<br />

page<br />

Review of internal link<br />

structure (including anchor text)<br />

Image names<br />

Image sizes<br />

Semantic HTML review<br />

Active channels<br />

Level of engagement<br />

Frequency<br />

Relationship with influencers<br />

Personal brands within the<br />

brand<br />

Distribution channels<br />

Understand why your competitors are<br />

out-performing you online. Get a grasp of<br />

what you should be doing to catch up.<br />

COMPETITIVE ANALYSIS<br />

Discover where you should start for nextstep<br />

site improvements. Unleash the<br />

potential fo a higher ranking in the SERPs.<br />

KEYWORD RESEARCH<br />

20 | www.atlantaattorneymagazine.com


Authority Leadership Marketing<br />

THE KEY TO ENGAGEMENT<br />

By Dave Murray<br />

Why did Symantec fund a study<br />

on the impact of customer data<br />

breaches on brand trust and<br />

reputation? What made SGI and Intel embrace<br />

an IT sustainability agenda called<br />

Think Eco-Logical? Why does Adaptive<br />

Planning conduct a quarterly Business<br />

Volatility and Variables Audit targeting<br />

midmarket CFOs?<br />

These are just a few examples of successful<br />

authority leadership marketing<br />

initiatives at work as B2B companies seek<br />

to connect and engage with their markets<br />

using more relevant, customer-centric content<br />

delivered in new digital formats and<br />

channels. Marketers increasingly recognize<br />

that they must become thought leaders,<br />

knowledge brokers, and insightful publishers<br />

to build rapport with target audiences<br />

and create strategic conversations with decision<br />

makers and influencers. This means<br />

paying more attention to content marketing<br />

performance, impact, and return on<br />

investment, particularly as it relates to lead<br />

acquisition, customer predisposition, trust<br />

building, and shortening of selling cycles.<br />

Dave Murray is the Executive Vice President of<br />

GlobalFluency, Inc. An innovator and architect of authority<br />

leadership marketing, Murray leads the content<br />

marketing practice of GlobalFluency, which is based in<br />

Silicon Valley. His firm operates a number of international<br />

executive affinity networks, including the Chief<br />

Marketing Officer (CMO) Council and the Business<br />

Performance Innovation (BPI) Network.<br />

Bringing more rigor, creativity, and<br />

strategic thinking to content specification,<br />

origination, packaging, and delivery<br />

is now a strategic imperative for marketers<br />

as they seek to drive content consumption<br />

and knowledge sharing. Sales<br />

and channel organizations recognize the<br />

need to prime their pipelines and upsell<br />

and cross-sell customers with credible,<br />

strategic content. Companies, both global<br />

and emerging, realize the need to use<br />

content to drive brand relevance and<br />

authority. Content investments by B2B<br />

technology companies now account for as<br />

much as 25 percent of marketing budgets<br />

(CMO Council). And this percentage will<br />

continue to grow, fueled by multiplying<br />

formats, delivery channels, platforms, audiences,<br />

device types, and consumption<br />

rates worldwide.<br />

Content marketing within the B2B<br />

sector is being driven by an upsurge in<br />

executive participation in the strategic<br />

procurement process, as well as the ready<br />

availability of meaningful decision support<br />

content, affinity groups, and professional<br />

peer networks on the Internet.<br />

There is an increasing opportunity for direct<br />

market engagement— for reaching,<br />

aggregating, and segmenting customer<br />

audiences while bypassing traditional<br />

media and analyst avenues. To do so, marketers<br />

are developing and outsourcing<br />

some of the same skill sets and resources<br />

of those more traditional media and analyst<br />

groups. They are forming their own<br />

shared interest communities and channels<br />

of insight, access, and influence.<br />

Today’s “digital content factories” have<br />

to run at full capacity to keep pace with<br />

rapid changes in market conditions, customer<br />

sentiments, competitive threats,<br />

and technology advancements. Marketers<br />

have to become adept at listening and responding<br />

to the “voice of the customer,”<br />

which requires a new form of intelligent<br />

market engagement and continuous interaction<br />

around customer issues, problems,<br />

pain points, risks, vulnerabilities,<br />

deficiencies, and challenges. With more<br />

and more digital content publishing, syndication,<br />

conversation, and distribution<br />

channels proliferating—such as websites,<br />

customer communities, social media<br />

channels, online business networks, Internet<br />

forums, discussion groups, blogs,<br />

podcasts, on-demand webcasts, video<br />

portals, mobile devices, email, SMS<br />

text messaging, IPTV, web conferencing<br />

systems, and live virtual event environments—content<br />

has to be configured and<br />

produced in a multiplicity of formats and<br />

delivery modes to optimize consumption,<br />

recall, sharing, influence, and action.<br />

To be successful in this new ethos, marketers<br />

must put into place clear content<br />

development strategies and effectiveness<br />

auditing protocols. Rather than delivering<br />

self-serving messages, they must speak to<br />

relevant themes and topic areas, author<br />

higher-quality content that is more visual<br />

and engaging, as well as build efficient<br />

content syndication networks that maximize<br />

audience reach and activation. They<br />

must put into place performance measurement<br />

and tracking systems to assess<br />

the performance, impact, and payback of<br />

their content marketing programs.<br />

Relevance Drives Consumption<br />

Relevance is the essential attribute B2B<br />

marketers must deliver in order to be<br />

successful in content marketing. Content<br />

cannot just be about your company<br />

and your product; it has to be about your<br />

audience. Content being generated by<br />

winning companies today goes well beyond<br />

traditional trumpeting of product<br />

features and functions, speeds and feeds,<br />

and deals and deployments. In today’s<br />

multi-channel, searchoriented media<br />

landscape, corporate buyers, specifiers,<br />

and influencers tend to tune out traditional<br />

marketing communications. They<br />

spend more time conducting independent<br />

research on the web and obtaining<br />

information and advice from peers and<br />

other trusted third-party sources.<br />

VOL. 6 ISSUE 1 ATLANTA ATTORNEY MAGAZINE | 21


Numerous studies have demonstrated<br />

that peers are the most trusted and influential<br />

sources of advice and information<br />

among B2B decision makers. B2B buyers<br />

depend on peer advice more than any<br />

other source in forming purchase decisions.<br />

Thus, affinity networks of professionals<br />

who share similar challenges and<br />

needs are a rich resource for content creation<br />

and insights.<br />

Central to an effective content marketing<br />

program is the definition of a strategic<br />

advocacy agenda and point of view. This<br />

comes out of exhaustive online and offline<br />

discovery as well as invention sessions<br />

and continuous engagement with partners,<br />

customers, and the channel. Online<br />

surveying and perception polling, as well<br />

as social and live interactions, can add<br />

credibility and substance to this form of<br />

advocacy and thought leadership.<br />

For example, with the Think Eco-Logical<br />

advocacy program, SGI and Intel<br />

were able to engage CIOs and other IT<br />

executives in an in-depth conversation<br />

about the cost savings and environmental<br />

improvements obtainable through<br />

server consolidation and more power-efficient<br />

platforms. An executive survey<br />

and study report advocating energy-saving<br />

practices generated more than 1,000<br />

downloads while driving significant<br />

online discussion and media coverage.<br />

The Think Eco-Logical program created<br />

further advocacy and interaction with<br />

its target audience through the creation<br />

of a graphical appealing, “video gamelike”<br />

eco-IT monitor that executives<br />

used to calculate the impact of data<br />

center changes on energy costs and carbon<br />

emissions. This not only delivered a<br />

value-added service, but also generated<br />

rich customer profiling information and<br />

contact data for further nurturing and<br />

cultivation. Peer networks of executives<br />

provide builtin communities for content<br />

marketing engagement. Professionals<br />

with shared challenges and issues can<br />

spark highly relevant insights and discussions<br />

for others inside and outside of<br />

the network. When Oracle’s ondemand<br />

CRM business unit teamed with the<br />

CMO Council to launch a campaign to<br />

improve integration and alignment of<br />

traditionally divided sales and marketing<br />

functions, the result was the creation<br />

of The Coalition to Leverage and Optimize<br />

Sales Effectiveness (CLOSE—www.<br />

closebiz.org).<br />

22 | www.atlantaattorneymagazine.com<br />

High-level brainstorm sessions on sales<br />

and marketing integration engaged targeted<br />

audiences in Paris, London, Sydney,<br />

Sao Paulo, New York, and Silicon Valley,<br />

each creating a best-practice report that<br />

was syndicated worldwide and generating<br />

some 15,000 leads. During a six-month<br />

period, this affinity network aggregated<br />

and touched more than 27,000 executives<br />

and professionals worldwide through outreach,<br />

events, surveys, and global media<br />

relations. The dedicated www.closebiz.<br />

org website continues to aggregate content,<br />

commentary, and community, providing<br />

a rich and robust channel of market<br />

engagement for sponsoring brands.<br />

To underscore and highlight the need<br />

for improved business intelligence systems<br />

and better decision economics,<br />

Cognos teamed with the Business Performance<br />

Management (BPM) Forum—<br />

now the Business Performance Innovation<br />

(BPI) Network. This C-level peer<br />

network brought together executives<br />

concerned with the speed and quality of<br />

decision making within their enterprises.<br />

DecisionROI put the issue of decision<br />

economics into play and aggregated a<br />

large executive audience through the creation<br />

of a dedicated campaign site, social<br />

and traditional media engagement, and<br />

publication of a variety of reports and online<br />

advocacy content, including insights<br />

from interviews with top executives and<br />

an online survey of hundreds more.<br />

Symantec took another innovative approach<br />

to generating customer demand<br />

by making data security a strategic business<br />

issue that embraced a broad set of<br />

business decision makers across the marketing,<br />

finance, investor relations, operations,<br />

and supply chain sectors. It implemented<br />

a content marketing campaign<br />

called “Secure the Trust of Your Brand,”<br />

which included executive and consumer<br />

surveys in North America and Europe,<br />

as well as a study by Emory University of<br />

15 leading brands that had been compromised<br />

by customer data breaches. This<br />

analysis included a look at the loss of<br />

shareholder value, tonality and sentiment<br />

of media coverage relating to reputation,<br />

and the business continuity impact relative<br />

to both suppliers and customers. Survey<br />

data revealed a significant percentage<br />

of consumers were concerned about digital<br />

security and would not continue to<br />

do business with a company that exposed<br />

their personal information to hackers and<br />

cyber bandits. Not only did the study attract<br />

worldwide attention, but authors of<br />

the report were invited to present findings<br />

at the seminal Visa Security Summit<br />

in Washington, D.C., which was attended<br />

by leading government agencies, bankers,<br />

retailers, and other key customer targets<br />

for Symantec.<br />

Most companies in complex,<br />

multi-channel markets such as information<br />

technology, business solutions,<br />

communications, connectivity, security,<br />

audio/video, professional services,<br />

and industrial systems need to assume<br />

thought leadership positions and provide<br />

meaningful insights, perspectives,<br />

and commentary on market needs, problems,<br />

issues, trends, and requirements.<br />

In most cases, the knowledge capital and<br />

authority leadership come from effective<br />

market engagement, real-time customer<br />

feedback and listening, primary research,<br />

media analytics, as well as regular monitoring<br />

and mining of conversations and<br />

discussions in online communities, affinity<br />

groups, forums, blogs, newsgroups,<br />

and bulletin boards.<br />

The real challenge for marketers is<br />

to define strategic agendas and develop<br />

advocacy platforms that condition and<br />

predispose decision makers, enable conversations<br />

and introductions, gain prominence<br />

and visibility, as well as harvest<br />

opportunities and prospects for sales,<br />

business development, and partnering.<br />

Too few companies have formal content<br />

development strategies, relevant content<br />

creation themes and topic areas, efficient<br />

content origination capabilities, effective<br />

content delivery networks or channels,<br />

or measurable content performance and<br />

tracking systems.<br />

Random acts of content development<br />

occur across the organization without<br />

unifying and consistent themes, messages,<br />

brand value, or visual identity reinforcement.<br />

The CMO Council’s new Content<br />

ROI Center is aimed at raising the caliber<br />

of content produced in organizations,<br />

as well as the impact and influence this<br />

content might have on brand awareness,<br />

perception, deal contention, and buyer/<br />

specifier consideration. It will also look at<br />

the role and value of marketing content in<br />

the process of sales lead acquisition, qualification,<br />

conversion, and closure, as well<br />

as its contribution to ongoing customer<br />

retention and revenue generation.


The RMN Agency:<br />

A Legal Recruiting Agency Dedicated to Diversity, Inclusion and Belonging<br />

By Bonnie Youn and Taylor Newsome<br />

In the legal industry of today and tomorrow,<br />

firms and corporations understand<br />

that Diversity, Inclusion and<br />

Belonging (DIB) initiatives are key to<br />

hiring and retaining top talent.<br />

We know that diversity is good for<br />

business. Paulette Brown, Past President<br />

of the ABA and the first African American<br />

woman to ever serve in that position,<br />

recently remarked on what studies<br />

demonstrate to be true: “[C]companies<br />

with women on their Board of Directors<br />

outperform those with all-male boards.<br />

Companies with more racial diversity<br />

outperform companies with less, and<br />

law firms with greater diversity outperform<br />

firms with less diversity, even controlling<br />

for other variables.”<br />

Yet today, the legal profession is still<br />

one of the least diverse of all comparable<br />

professions. Less than 10 percent<br />

of top Biglaw rainmakers are women or<br />

minorities. If the trend continues, then<br />

law firm leadership will not continue to<br />

evolve. At BigLaw, women account for<br />

only <strong>17</strong>% of equity partners, and only 7<br />

of the nation’s 100 largest firms have a<br />

woman as chairman or managing partner.<br />

Although blacks, Latinos, Asian<br />

Americans and Native Americans now<br />

constitute about a third of the population<br />

and a fifth of law school graduates,<br />

they make up fewer than 7 percent of law<br />

firm partners and 9 percent of general<br />

counsels of large corporations. In major<br />

law firms, only 3 percent of associates<br />

and less than 2 percent of partners are<br />

African Americans.<br />

At The RMN Agency, DIB is not just a<br />

buzzword—we epitomize it. Take a look<br />

at who we are:<br />

• Our President Raj Nichani, a former<br />

BigLaw attorney, began RMN as a<br />

dream—to become a premier boutique<br />

legal recruiting agency so that we could<br />

proactively make a difference in the<br />

legal industry. He is a former President<br />

and current Boardmember of the<br />

Georgia Asian Pacific American Bar<br />

Association and a past Boardmember<br />

of the South Asian Bar Association of<br />

Georgia.<br />

• Jane Morrison, Head of Business<br />

Development, served as Admissions<br />

Director at two private schools and successfully<br />

fulfilled a mandate to increase<br />

student diversity. Jane worked with<br />

Educational Testing Service to revise<br />

standardized tests to be more reflective<br />

of the life experiences of a diverse<br />

student population. She also worked<br />

the Girl Scouts to recruit a more diverse<br />

membership by training recruiters and<br />

creating marketing materials written in<br />

seven different languages.<br />

• Waqar Khawaja, Sr. Legal Recruiter,<br />

graduated from Mercer University<br />

Law School in 2011. A first generation<br />

Pakistani American, Waqar and his<br />

friends founded a non-profit sports<br />

foundation welcoming to children of all<br />

diverse backgrounds to nurture their<br />

sports ambitions.<br />

• Bonnie Youn, Sr. Legal Recruiter,<br />

practiced immigration law for nearly<br />

two decades before joining RMN. Ethnically<br />

Korean but born in the Philippines,<br />

she is passionate about supporting<br />

immigrants and the advancement<br />

of minorities in the legal and political<br />

fields. Like Raj Nichani, she has also<br />

served as Past President and Board<br />

member of the Georgia Asian Pacific<br />

American Bar Association, and has<br />

chaired events to bring Asian American<br />

Legislative Day to the Georgia Capitol.<br />

• Sara Hamilton, Sr. Legal Recruiter,<br />

graduated from Emory Law and maintains<br />

her practice in Labor & Employment<br />

in a BigLaw firm. She is a Korean<br />

American adoptee, and is one of the<br />

founding officers of the Korean American<br />

Bar Association of Georgia, where<br />

she serves on the Board.<br />

• Teylor Newsome, Legal Recruiter,<br />

graduated from Clemson University in<br />

May 2016. She is an active member of<br />

Alpha Kappa Alpha Sorority, the oldest<br />

Greek-letter organization founded by<br />

African American college women.<br />

• Cleo Sloan, Legal Recruiter, is a recent<br />

graduate of Johns Hopkins University’s<br />

M.A. in Museum Studies program<br />

and is passionate about Art Business,<br />

Museum, and Cultural Heritage Law.<br />

She also studied abroad, receiving her<br />

Bachelor’s degree at the University of<br />

Santo Tomas in Manila, Philippines,<br />

attending an art business program at<br />

Oxford University in London and Paris,<br />

and completing an independent study<br />

program in High Italian Renaissance<br />

in Italy. She is an active board member<br />

and serves as a regional councilor of<br />

international fraternal benefits organization,<br />

Foresters Financial.<br />

• Matt Busch began as an administrative<br />

assistant to Raj, and has since been<br />

elevated to our facility office manager.<br />

Matt has been active in LGBTQ issues,<br />

and maintains his strong ties in the<br />

local Atlanta theater community.<br />

Our staff fully reflects our commitment<br />

to DIB. Every piece of the puzzle<br />

matters because diversity extends<br />

beyond the visible surface of ethnic<br />

background and gender, but a whole<br />

spectrum of factors, including but not<br />

limited to socioeconomic status, age,<br />

nontraditional careers, sexual orientation,<br />

religion, or disability.<br />

Nationally renowned diversity and inclusion<br />

leader Pauline Higgins once observed:<br />

“Diversity is being invited to the<br />

party. Inclusion is being asked to dance.”<br />

RMN is committed to help you get out<br />

on the dance floor and strut your stuff!<br />

References<br />

1. May 15, 2016: 4 Ideas For Advancing<br />

Diversity And Inclusion In The<br />

Legal Profession, http://abovethelaw.<br />

com/2016/05/4-ideas-for-advancing-diversity-and-inclusion-in-the-legal-profession/<br />

VOL. 6 ISSUE 1 ATLANTA ATTORNEY MAGAZINE | 23


LINKEDIN<br />

COMMUNICATION TEMPLATES<br />

These templates are meant to be a starting point for messaging prospective<br />

LinkedIn connections or people who have recently accepted<br />

your invitation to join your network. They can be customized to fit<br />

each individual situation.<br />

Invitation to Connect with a Prospect<br />

The purpose of the invitation is to get<br />

the person to connect with you or, at a<br />

minimum, cause a marketing event (profile<br />

view) with your target audience.<br />

Rather than sending the standard<br />

(default) LinkedIn invitation, personalize<br />

your invitation. There are numerous<br />

places from which you can send the invitation,<br />

but the safest one is from the<br />

person’s profile rather than a list or other<br />

place where the Connect button is attached<br />

to the person’s name and photo.<br />

Be succinct and to the point because you<br />

only have 300 characters,<br />

including spaces. Also, you cannot attach<br />

documents or share a link to a web<br />

page in your invitation.<br />

Start your invitation with a greeting<br />

like “Hello” and then the person’s name.<br />

Here are three examples<br />

of good invitations:<br />

Jim Smith, a client for over 15 years,<br />

suggested that we connect. He thought<br />

you might be interested in having a chat<br />

about how we could help your organization.<br />

If that’s the case, let me know. In the<br />

meantime, I would be honored to have<br />

you join my network.<br />

Jim Smith, a member<br />

of my LinkedIn network,<br />

suggested that we connect.<br />

He thought you might be<br />

interested in having a chat<br />

about how we could help<br />

your organization. If that’s<br />

the case, let me know. In the<br />

meantime, I would be honored to have<br />

you join my network.<br />

I noticed from your profile that you<br />

attended Georgia [or are a member of a<br />

group, used to work at a particular company,<br />

etc.]. Based on your job responsibilities,<br />

I thought you might be interested<br />

in having a chat about voluntary benefits<br />

for your employees. If that’s the case, let<br />

me know. In the meantime, I would be<br />

honored to have you join my network.<br />

Follow-up thank-you note<br />

to a prospect after s/he accepts<br />

your invitation to connect<br />

This is the message you should send—<br />

either through LinkedIn or traditional<br />

email—shortly after a person accepts<br />

your invitation to connect. Since it’s a<br />

message to a connection, you can attach<br />

documents and include hyperlinks to web<br />

pages, and there is no character limit.<br />

The purpose of the invitation<br />

is to get the person to connect<br />

with you or, at a minimum, cause<br />

a marketing event (profile view)<br />

with your target audience.<br />

Once again, start your invitation with<br />

a greeting like “Hello” and then the person’s<br />

name.<br />

Thanks for connecting on LinkedIn.<br />

As I mentioned in my connection request,<br />

I look forward to chatting with<br />

you. I could call you this Thursday at<br />

2:00 or 3:30pm or I will be near your office<br />

on Monday and would love to stop in<br />

and meet you in person [or any other option<br />

you’d like to propose]. Does either<br />

option work for you?<br />

In preparation for our meeting, I have<br />

attached to this message [something of<br />

interest to your prospects, e.g., testimonial,<br />

case studies, checklist, articles] or<br />

included a link to [similar information]<br />

that will help you understand how we<br />

help companies like yours. I look forward<br />

to talking with you soon.<br />

24 | www.atlantaattorneymagazine.com


DEAL, CAGLE<br />

VISIT FORT GORDON, CYBERSECURITY TRAINING FACILITY<br />

Gov. Nathan Deal, along with Lt. Gov.<br />

Casey Cagle, visited the Cyber Center<br />

of Excellence, a training facility<br />

for cyberspace operations at Fort Gordon,<br />

and attended a mission briefing. The briefing<br />

was designed to provide state leaders<br />

with a greater understanding of the various<br />

cyber entities housed at Fort Gordon,<br />

how they work together and the tactical<br />

missions. During the visit, Deal and Cagle<br />

recognized military officials for their current<br />

work and reaffirmed the state’s commitment<br />

to the Georgia Cyber Training and<br />

Innovation Center.<br />

“The decision to establish the Georgia<br />

Cyber Training and Innovation Center in<br />

Augusta further solidifies Georgia’s reputation<br />

as the Silicon Valley of the South,” said<br />

Deal. “The Department of Defense recognizes<br />

Georgia’s assets and the vital role our<br />

state will play in the future of cybersecurity.<br />

I would like to extend my thanks to Major<br />

General John Morrison, Col. Eric Toler and<br />

their respective staffs for their efforts and<br />

dedication to this critical initiative. This<br />

invaluable resource will put Georgia at the<br />

pinnacle of efforts to enhance American<br />

cybersecurity for both public and private<br />

industries with a resource unlike any other<br />

in the country. Georgia is already the No. 1<br />

place in which to do business. Now, we’ll be<br />

the safest place for business as well.”<br />

The center will be a state-owned facility<br />

designed to promote modernization in cybersecurity<br />

technology for both private and<br />

public industries. In conjunction with the<br />

Department of Defense and the National<br />

Security Agency (NSA), this resource will<br />

serve to enhance American cybersecurity<br />

in the public and private arenas. This initiative<br />

will be housed within the Georgia<br />

Technology Authority and will, in part,<br />

serve as an incubator for startup companies.<br />

It will also focus on research and development,<br />

tapping into the assets of Georgia’s<br />

research institutions and partnering<br />

with Augusta University Cyber Institute.<br />

This collaboration will also include the<br />

Georgia National Guard, Technical College<br />

System of Georgia, University System of<br />

Georgia, the Department of Economic Development,<br />

Georgia Bureau of Investigation<br />

and numerous private sector entities.<br />

“I support Governor Deal and his commitment<br />

to further establish Georgia as a<br />

leader in cyber innovation and security,”<br />

said Cagle. “We have a tremendous opportunity<br />

as a state to leverage our resources<br />

with our research institutions and military<br />

bases, and this collaborative initiative will<br />

result in a better trained and equipped cyber<br />

force.”<br />

Less than two months ago, U.S. Army<br />

Cyber Command and the Second Army<br />

broke ground on construction for a new<br />

Army Cyber headquarters facility that will<br />

draw together the Army’s cyber operations,<br />

capability development, training and education<br />

in one location. The event marked<br />

the start of an approximately 2.5-year project<br />

to build a state-of-the-art focal point<br />

for Army cyberspace operations at Fort<br />

Gordon. A second phase of construction to<br />

support Cyber Protection Team operations<br />

is expected to be completed in early 2019.<br />

“Fort Gordon has a diverse mission set<br />

and has become a focal point for cyberspace<br />

operations. With a population of over<br />

25,000 military and civilian personnel, it<br />

is the home of cyberspace expertise from<br />

across the Army, Joint, and Department of<br />

Defense cyber communities,” said MG John<br />

Morrison, Commanding General of U.S.<br />

Army Cyber Center of Excellence and Fort<br />

Gordon. “The collocation at Fort Gordon<br />

of operational forces from the National Security<br />

Agency Georgia, Army Cyber Command,<br />

and Intelligence and Security Command<br />

with the Cyber Center of Excellence<br />

training force has initiated a convergence<br />

of operational insights and lessons learned<br />

that will transform cyberspace training and<br />

operations. The synergy gained from their<br />

proximity to each other will also enable the<br />

educational and operational forces to better<br />

poise the Army for the unpredictability of<br />

cyberspace operations. Fort Gordon welcomes<br />

the state’s investments in cyberspace<br />

technologies, including the creation of a<br />

state cyber innovation and training facility<br />

in Augusta. Those investments strengthen<br />

the partnerships between the Department<br />

of Defense, Georgia, academia, and industry<br />

as we work together to attract, produce,<br />

and retain the caliber of workforce necessary<br />

to help our Nation to maintain its advantage<br />

in the cyberspace domain.”<br />

“NSA-Georgia was honored to welcome<br />

Gov. Deal, Lt. Gov. Cagle and party for their<br />

first visit to Fort Gordon and NSA/CSS<br />

Georgia,” said NSA-Georgia Commander<br />

Col. Eric Toler. “As one of our Nation’s<br />

top priorities, cyber security will take the<br />

combined effort of government, academia,<br />

and the private sector to effectively protect<br />

our nation against hostile cyber-attacks. As<br />

such, NSA-Georgia looks forward to the<br />

future collaboration and partnership with<br />

Fort Gordon, Augusta University, and the<br />

State of Georgia, and private industry to<br />

ensure that the United States and our allies<br />

maintain a decisive information advantage<br />

over our adversaries.”<br />

“The governor’s vision for a facility that<br />

will allow the best and the brightest in academia,<br />

industry and government to work<br />

together to address global cyber security<br />

challenges is truly transformational,” said<br />

Augusta University President Dr. Brooks<br />

Keel. “Augusta is already home to national<br />

cybersecurity assets, including U.S. Army<br />

Cyber Command, the Army Cyber Center<br />

of Excellence and NSA/CSS Georgia. I look<br />

forward to working with Gov. Deal and all<br />

of our partners as we turn this world-class<br />

training facility into a vibrant reality.”<br />

VOL. 6 ISSUE 1 ATLANTA ATTORNEY MAGAZINE | 25


Successful Marketing<br />

By Larry Alton<br />

Successful marketing is difficult in<br />

just about every trade, but the challenges<br />

are compounded in the legal<br />

industry where firms, individuals, and<br />

companies are required to tread carefully<br />

as they adapt to changes both in the<br />

workplace and the marketplace. However,<br />

for those who are able to understand the<br />

intricacies of legal marketing, the opportunities<br />

for growth are numerous.<br />

The Origins of Legal Marketing<br />

The concept of marketing and advertising<br />

is pretty straightforward in the vast<br />

majority of industries. The legal industry<br />

is not one of them, though. When it<br />

comes to legal marketing, there are many<br />

complexities and challenges facing the industry.<br />

When you study the legal industry, it’s<br />

important to remember that marketing<br />

26 | www.atlantaattorneymagazine.com<br />

and advertising have only been legal for<br />

a few decades. Until the 1970s, it was<br />

essentially prohibited for law firms to engage<br />

in any sort of promotion. However,<br />

that all changed in 1976 when two men<br />

– John Bates and Van O’Steen – decided<br />

to do something about it. The decisions<br />

they made altered the legal landscape forever<br />

and permanently shifted the focus of<br />

marketing departments around the country.<br />

That year, Bates and O’Steen were really<br />

struggling to maintain a profitable law<br />

practice. Their law firm was designed to<br />

serve low-income individuals, but they<br />

simply couldn’t attract the volume of clients<br />

needed to turn a profit and stay in<br />

business. So, they decided that their only<br />

two options were to either, watch their<br />

practice fail or violate the laws of ethics<br />

and advertise their services and fees.<br />

Bates and O’Steen placed an ad in a<br />

Phoenix newspaper and it worked. They<br />

attracted tons of clients and business<br />

picked up.<br />

“This was the first time anyone in the<br />

legal industry was brave enough to challenge<br />

the precedent that had been in place<br />

for decades,” explains Joseph Genovesi of<br />

Thrivest, a company that works closely<br />

with attorneys and their clients to provide<br />

legal funding. “Many of the lawyers we<br />

work with now depend heavily on their<br />

ability to advertise, so this was a bold and<br />

important decision on their part.”<br />

But Bates and O’Steen also attracted some<br />

unwanted attention. The President of the<br />

State Bar of Arizona filed a complaint and<br />

a hearing panel recommended a six-month<br />

suspension for the two lawyers.<br />

The case was a big deal in the legal<br />

community and made it all the way to the


Supreme Court, where it was overturned<br />

on the grounds that truthful advertisement<br />

was protected under the First and<br />

Fourth Amendments.<br />

“The case stands for the idea that commercial<br />

information is something that<br />

offers vitally important information to<br />

consumers just as other types of speech,<br />

and the speech is important because it<br />

leads to economic decisions that govern<br />

our lives,” Bill Canby, the lawyer for Bates<br />

v. State Bar of Arizona, according to the<br />

First Amendment Center.<br />

But others feel as if the Supreme Court<br />

reached the wrong decision. “My skin<br />

crawls and stomach screams when I see<br />

the ads for lawyers who promise to fight<br />

like tigers and at very low cost,” John<br />

Frank said in an interview with the First<br />

Amendment Center. “I believe that advertising<br />

has become so sufficiently promiscuous<br />

that it is a profound change in<br />

the practice of law.”<br />

Three Challenges Facing the Industry<br />

Clearly, there are mixed opinions on<br />

legal marketing and advertising. And<br />

though we’re 40 years past the Supreme<br />

Court decision, the industry still faces<br />

some pretty stout – albeit different – challenges.<br />

Let’s take a look at some of the<br />

issues law firms have and why many are<br />

struggling to gain exposure in ethical,<br />

natural, and high-returning ways.<br />

1. Lack of Client Education<br />

Consumer education is important in<br />

every industry, but there are few areas<br />

where it matters more than in the legal<br />

world. In almost every case, the client<br />

has something at stake – money, freedom,<br />

reputation, responsibility, etc. – and<br />

a failure to properly understand what’s<br />

happening can lead to catastrophic consequences.<br />

From the law firm side of things, it’s<br />

crucially important that firms are able<br />

to develop educational content as part<br />

of their overall marketing and advertising<br />

strategies. It’s the only way to develop<br />

healthy and stable relationships with clients.<br />

Unfortunately, many aren’t investing<br />

in client education. This is either because<br />

they don’t know how, or because they<br />

don’t recognize the need.<br />

Thankfully, there’s a lot of flexibility in<br />

today’s marketplace. With social media,<br />

blogging, and the pervasiveness of content<br />

marketing, it’s possible to publish educational<br />

materials in the form of eBooks,<br />

white papers, articles, and videos – and<br />

then push this content to highly targeted<br />

audiences. For an example, look no further<br />

than O’Steen’s current law practice<br />

to see what this looks like.<br />

2. Attorney Pushback Against Content<br />

Attorneys – like almost everyone else<br />

– are creatures of habit. For the past few<br />

decades, law firm success has depended<br />

on networking. So, when marketing and<br />

advertising finally became options, it was<br />

difficult for many to switch gears. Nearly<br />

half a century later, many lawyers still<br />

struggle with the concept.<br />

“Many attorneys believe their networking<br />

efforts are the only tactics that<br />

successfully bring in new business,” says<br />

Matt Naffah, a marketer who works closely<br />

with lawyers. “While networking is an<br />

invaluable tool for bringing in new business,<br />

I don’t believe it’s the only tool at<br />

your disposal.”<br />

Naffah is a strong proponent of using<br />

legal content marketing to generate clients.<br />

However, he also recognizes that<br />

getting attorneys to buy-in is one of the<br />

biggest challenges the industry currently<br />

faces.<br />

His solution is to encourage firms to try<br />

content marketing for a substantial period<br />

of time and use predetermined KPIs<br />

(Key Performance Indicators) to judge<br />

the results. In most cases, the KPIs will<br />

show that legal content marketing yields<br />

a positive return.<br />

As we move forward, look for more legal<br />

firms to hire content writers and copywriters<br />

in order to gain the upper hand in<br />

this aspect of digital marketing. It’s a dynamic<br />

shift in the legal workplace and will<br />

shape how clients perceive the firms they<br />

choose to work with.<br />

3. Out With the Phone<br />

Books, In With SEO<br />

Today’s client is much different than<br />

he was 10, 20, or 30 years ago. Instead of<br />

picking up a phone book and shuffling<br />

through to find an attorney, people are<br />

utilizing the resources they have in front<br />

of them to make educated decisions. In<br />

most cases, this means a search engine<br />

like Google.<br />

But even more than searching for<br />

something like, “Personal Injury Lawyer<br />

+ NYC,” people are searching for lawyers<br />

and then navigating through their websites<br />

to gain a clearer picture before making<br />

contact.<br />

“What we’re finding is that our traffic is<br />

increasing in terms of people finding us<br />

through organic search said,” Jim Matsoukas,<br />

CMO of a large law firm, when<br />

asked about the biggest legal marketing<br />

challenge he’s facing in 2016. “We have to<br />

be more sophisticated and more strategic<br />

about the language we use on the site and<br />

the language that we use in our ads and in<br />

our alerts, articles, and publications and<br />

how that matches up with people looking<br />

for legal services. I think that’s important.”<br />

In other words, while Bates and O’Steen<br />

were simply trying to gain visibility in<br />

1976, today’s legal marketers and advertisers<br />

must be more strategic. It’s about<br />

gaining visibility and then cashing in on<br />

this platform by using the right language,<br />

resources, and content.<br />

It’s not uncommon in law practices<br />

around the country to now have weekly<br />

meetings with SEO experts and digital<br />

marketing teams. This is a pretty clear<br />

shift in how lawyers view the Internet as a<br />

source of reliable traffic generation.<br />

Leverage Legal Marketing<br />

the Right Way<br />

In most industries, marketing is<br />

straightforward. Choose your mediums,<br />

tell the truth, and see what happens. In<br />

the legal industry, things are a bit more<br />

complicated. There’s much more at stake<br />

when clients choose law firms.<br />

In order to successfully and consistently<br />

get new clients onboard in 2016, it’s imperative<br />

that you invest in quality content<br />

that allows you to overcome the challenges<br />

and roadblocks that have emerged.<br />

Furthermore, it’s important that you<br />

educate clients in honest ways that prove<br />

your firm is equipped to take on their<br />

challenges. Bates and O’Steen paved the<br />

way – it’s your turn to carry the torch.<br />

Larry Alton is a full-time freelance writer and<br />

business consultant. With over 7 years of experience<br />

providing strategic consulting to companies ranging<br />

from Fortune 500 firms to small, locally-owned<br />

shops, He has directly observed the way America’s<br />

workforce is changing across differing industries<br />

and businesses.<br />

VOL. 6 ISSUE 1 ATLANTA ATTORNEY MAGAZINE | 27


10 MOST COMMON LEGAL MISTAKES HR MAKES<br />

The human resources department has a host of responsibilities.<br />

Juggling them is often overwhelming, to say the least. One<br />

small misstep could cost the company hundreds, thousands<br />

and even millions of dollars. Knowing in which areas of HR’s numerous<br />

responsibilities the most common pitfalls lurk goes a long way to<br />

ensuring that you don’t fall into these traps.<br />

#1: Advertisements, Interviews, and Offer Letters<br />

✔ Mistake: improper language in job advertisements. Too many<br />

employers still use inappropriate terms — such as “girl,” “boy,” or<br />

“young” — in their job advertisements. This is particularly true<br />

when managers, rather than HR, write the ads.<br />

Mistake: unlawful interview inquiries. Too many hiring managers<br />

ask about personal and/or protected characteristics during job interviews,<br />

which sets the employer up for a discrimination lawsuit if the<br />

applicant is not hired.<br />

✔ Mistake: inaccurate description of the job. Some hiring managers<br />

work so hard to get top-notch recruits in the door that they fail to<br />

be realistic with their description of the job. The unhappy employee<br />

will leave, and it will have been a shameful waste of the employer’s<br />

time and money.<br />

✔ Mistake: inadvertent creation of contractual promises. Too<br />

many employers include language in their job offer letters that inadvertently<br />

creates an employment contract. For instance, mentioning<br />

a yearly salary implies a yearly contract.<br />

#2: Wage and Hour Issues<br />

✔ Mistake: misclassification of workers. Exempt vs. non-exempt<br />

status: Finding and correcting these mistakes are an Obama<br />

administration priority. While there are many factors to consider,<br />

you’re basically basing your determination on the employee’s level<br />

of responsibility and/or training, and a salary test.<br />

✔ Mistake: mandating confidentiality of wage information.<br />

Prohibiting employees from discussing their wages is a violation of<br />

the National Labor Relations Act.<br />

#3: Privacy Assumptions and Violations<br />

✔ Mistake: permitting an expectation of electronic privacy. Too<br />

many employers fail to advise employees to expect no privacy on<br />

their computers. If you asked employees, “Do you think the stuff<br />

you put into that computer is private?” you might get some interesting<br />

answers.<br />

✔ Mistake: improper electronic monitoring. Some states have<br />

statutes that require employers to give employees notice if they are<br />

being monitored electronically.<br />

✔ Mistake: inadvertently revealing private employee information.<br />

HR possesses a great deal of sensitive information about individual<br />

employees. It is your duty to keep that information confidential.<br />

#4: Training and Performance<br />

✔ Mistake: failure to train supervisors. When supervisors are<br />

not trained, they’re the ones who get you into trouble. They may<br />

say rude, racist, or sexist things, or be unintentionally discriminatory,<br />

and because they are in a supervisory position, the entire<br />

company is on the hook.<br />

✔ Mistake: misleading performance evaluations. If you try to<br />

discipline an employee for a performance/behavior problem that<br />

was never noted on their evaluation, your hands may be tied.<br />

#5: Rough Beginnings and Sharp Endings<br />

✔ Mistake: sloppy start. Among HR’s common errors in this<br />

area are: failing to submit the state notice of a new hire; failing to<br />

tell the employee the key terms and conditions of employment; and<br />

providing the employee with a misleading description of working<br />

conditions.<br />

✔ Mistake: sloppy finish. Regardless of whether a termination is<br />

voluntary or involuntary, always allow the employee to leave with<br />

dignity.<br />

#6: Investigations<br />

✔ Mistake: failure to oversee supervisory investigations. As an<br />

HR professional, you know that timeliness and thoroughness are<br />

important in an investigation. But what about when a supervisor is<br />

the one investigating, not HR? It’s still HR’s responsibility to provide<br />

oversight.<br />

#7: Record-Keeping/I-9 Issues<br />

✔ Mistake: failure to document past practices. Courts love to<br />

know not only whether the treatment of an employee was against<br />

the law or company policy, but whether it was in line with past<br />

practices.<br />

✔ Mistake: failure to comply with Form I-9 requirements. Failure<br />

to complete the I-9 form properly and failure to keep the form<br />

in a separate file are common mistakes employers make.<br />

#8: Breakdowns In Communication<br />

✔ Mistake: failure to keep employees in the loop. Forgetting to<br />

notify employees about policy/procedure changes, outcomes of<br />

investigations/discipline issues, or unsatisfactory behavior or work<br />

quality can be a costly slip-up.<br />

#9: Accommodations<br />

✔ Mistake: failure to explore accommodations. “Accommodation”<br />

can be defined as “a determination in favor of the employee.”<br />

Employers should explore accommodation options when an employee:<br />

has a disability, is pregnant, is called to active military duty<br />

or has a family member called to active military duty, or wants to<br />

engage in a religious observance/practice.<br />

#10: Non-Compete Agreements<br />

✔ Mistake: unreasonable scope. Obviously, an agreement<br />

prohibiting an employee from working at any position in the same<br />

general industry forever and ever isn’t going to hold water.<br />

✔ Mistake: lack of consideration. Legally, contracts are valid only<br />

if both sides give something. If the employee gives up their right<br />

to compete, the employer must also give something. Too often,<br />

the employer gives nothing, making the non-compete agreement<br />

invalid in a court of law.<br />

28 | www.atlantaattorneymagazine.com


Movers & Shakers<br />

AWARDS ➤ ANNOUNCEMENTS ➤ PRESS RELEASES PROMOTIONS EVENTS ➤ ACTIVITIES ➤ HONORS ➤ RECOGNITIONS<br />

➤ Mayor Kasim Reed Ground Breaking at Doctor’s Memorial<br />

Park in Southwest Atlanta<br />

➤ David A. Garfinkel Joins National Association<br />

of Parental Alienation Specialists<br />

David A. Garfinkel, of counsel attorney with<br />

Levine Smith Snider & Wilson, LLC, has become<br />

a member of the National Association of Parental<br />

Alienation Specialists (NAOPAS). A family law attorney<br />

for more than 30 years, he is the only Atlan-<br />

David A. Garfinkel<br />

ta attorney who is a member of the organization.<br />

“The role of parental alienation in divorce and post-divorce,<br />

is real. Unfortunately, there are few attorneys who have in-depth<br />

experience with the issue,” said Garfinkel. “As a family law attorney,<br />

I have handled many cases involving parental alienation<br />

over the years. I am proud to be a member of NAOPAS, an organization<br />

dedicated to shaping the future of high-conflict divorce<br />

and creating more compassionate solutions for children<br />

and families.”<br />

NAOPAS was founded by several forensic psychologists who<br />

specialize in parental alienation. The goal of the organization is<br />

to be a resource for parents in high-conflict divorce cases, assisting<br />

them in finding experienced attorneys and mental health<br />

professionals who are trained in parental alienation and understand<br />

how to litigate such cases effectively. NAOPAS members,<br />

which include attorneys, judges and mental health professionals,<br />

have access to top thought leaders, the latest research and continuing<br />

education on the issue.<br />

➤ Rachel A. Snider Achieves<br />

Board Certification in Family Trial Law<br />

The park will feature an open lawn, a playground area, and<br />

a rain garden, Doctor’s Memorial Park will also include a water-wall<br />

memorial which honors physicians from the former<br />

Southwest Hospital, one of the few hospitals in the nation controlled<br />

or operated by African-Americans.<br />

➤ Matthew J. Johnson, formerly<br />

of Drew Eckl & Farnham, LLP, in<br />

Atlanta, Georgia, and Lee M. Paris,<br />

a recent Honors Graduate from<br />

Emory University School of Law,<br />

have become associates with Davis,<br />

Matthew J. Johnson Lee M. Paris<br />

Matthews & Quigley, P.C., Atlanta,<br />

Georgia. Mr. Johnson and Mr. Paris will practice in the Domestic<br />

Relations and Family Law Section of the Firm.<br />

Levine Smith Snider & Wilson, LLC proudly announces<br />

that Rachel A. Snider, a partner in the<br />

firm, has successfully achieved board certification<br />

as a family law trial advocate by the National<br />

Rachel A. Snider<br />

Board of Trial Advocacy (NBTA). Rachel joins a<br />

growing number of trial attorneys who have demonstrated their<br />

commitment to bettering the legal profession by successfully<br />

completing a rigorous application process that provides consumers<br />

of legal services with an objective measure by which to<br />

choose qualified and experienced legal counsel.<br />

To achieve board certification by NBTA, attorneys must<br />

demonstrate substantial trial experience, submit judicial and<br />

peer references to attest to their competency, attend continuing<br />

legal education courses, submit legal writing documents, provide<br />

proof of good standing and pass an examination. NBTA<br />

was formed out of a strong conviction that both the legal profession<br />

and its clients would benefit from an organization designed<br />

specifically to create an objective set of standards illustrating an<br />

attorney’s experience and expertise in the practice of trial law.<br />

Board certification is the highest, most stringent and most reliable<br />

honor an attorney can achieve.<br />

Submit free content for<br />

next issue, Movers & Shakers<br />

• New Hires<br />

• Promotions<br />

• Honors and Awards<br />

• Board Appointments<br />

• Association Elections<br />

• New Office Location<br />

• Mergers & Acquisitions<br />

• Speaking Engagements.<br />

Contact: Bill McGill<br />

404-229-0780<br />

mcgill@AtlantaAttorneyMagazine.com<br />

www.atlantaattorneymagazine.com<br />

VOL. 6 ISSUE 1 ATLANTA ATTORNEY MAGAZINE | 29


30 | www.atlantaattorneymagazine.com


MAGAZINE<br />

ATTORNEYS TO WATCH IN 20<strong>17</strong><br />

ATLANTA<br />

Please send in a brief bio and head-shot of the nominated attorney. In 100 words or less<br />

please tell us why your nominee should be one of the chosen attorney for the front cover.<br />

You may nominate yourself.<br />

Nominations<br />

Requested To:<br />

Bill McGill<br />

(404) 229-0780<br />

mcgill@atlantaattorneymagazine.com<br />

VOL. 6 ISSUE 1 ATLANTA ATTORNEY MAGAZINE | 31


32 | www.atlantaattorneymagazine.com

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