By DONNA BALANCIA
CFLJ Editor

     Harvey Hirschfeld is taking measures to keep his business from being misunderstood.
     To offset misconceptions about his industry, Hirschfeld, the president of litigation advance company LawCash, has been working with other legal loan companies to create a brand of standard practices.
     He spearheaded the formation of the American Legal Finance Association with the purpose of giving attorneys and consumers guidelines on how legal loan companies should operate.
     “It’s important to eliminate the bad actors,” Hirschfeld said. “This is an industry that is very important for  a lot of people.”
     The idea is legal loan companies advance litigants a sum of money based on the probability that their case will result in a judgment or settlement. 

Many of the cases are of the personal injury variety because the chance for recovery is greater than, for instance, an employer-employee dispute.
     That’s the whole basis of litigation loans, a self-regulated industry not terribly unlike the pawn business in that dreams and wishes of hopeful people are transformed into a wad of cash designed to tide them over until  their “pay day.”
     “I see it as helping people,” Hirschfeld said. “We like to think we’re helping people prevent foreclosure or eviction by providing a means for a wage-earner who may have been damaged to survive while waiting for an award.”
     Often, depending on the strength of a case, attorneys will help their client obtain bridge funding of the LawCash type.
    “Occasionally, I’ll have a client that needs cash to ‘get through’ until their suit settles or until we win a case,” said Tonya Meister, attorney with Lipcon Margulies & Alsina PA in Miami. “The client will take the advance and is relieved, but that can make the final award seem that much smaller.  Sometimes in the end, the client thinks ‘That’s all I got?’”
     Hirschfeld said it was very important for his industry to get the attorneys on board. To do that he had to be a leader in cleaning up the business and instilling a sense of credibility.
      “When we started LawCash in 2001, most attorneys never heard of the business or they had heard of our business in relation to people charging really high rates,” Hirschfeld said. “We had to win attorneys over one at a time. We charge 2 to 4 percent a month on average. We provide assistance to their clients.
     “We figured light bulbs would go off.  The client says ‘I’ve got to settle today.’  The attorney says ‘If we rush to settle, the insurance will low ball us to  $40,000 or $50,000, we could wait and get more.’”
   
   “We knew that if we made it attractive to the client and the attorney, the lawyers would help their clients obtain an advance.”
     The industry suffered some bad publicity related to an Ohio case in 2004, where a litigation loan company gouged a client.  Following that, Hirschfeld wanted to help make it easier for reputable litigation loan firms to do business. So, to reassure clients and attorneys, Hirschfeld felt it was necessary to come out with a set of standards.
     The four original founding members of what was to become the American Legal Finance Association, then took action. They wrote a friend of the court brief, so as not to let the industry be spoiled because of one negative incident.
     “The ultimate decision was not that they found in favor of the client, but from that, we formed the organization that says we better get the bad actors out of here, and if done right this is a good thing for people.”
     Hirschfeld said the industry has been booming despite the economy.
     “Litigation funding is not tied to ebbs and flows of real estate. We’re doing better because people who have had opportunity to use equity lines, credit cards and family resources, those methods have frozen up. Now they’re looking at us.”

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Network for jobs in rough times

By DOTTIE PARIS
CFLJ Features Editor

     Socialize to get that next job – using the Internet and chatting in-person are the ways to land work, experts say.

     “It's all about how you package yourself,” said Susan Cartier Liebel, an attorney and marketing expert who launched Solo Practitioner University. She coaches attorneys on how to promote their solo practice and develop entrepreneurial skills.

     “Use the down time to develop a Web presence for yourself,” she said. “ Everything is perception and presentation.”

     Get into the mindset for success, even if you’ve had a setback.

     “If you've been laid off you can take a sabbatical and travel around the world,” Liebel said. “It can be a golden opportunity. Or you can mope around and eat cookies.”

     “You need to get your name circulating,” Liebel said. “Get a digital resume. Start a blog. Blogging is about creating a conversation and making relationships. With the Internet, you're not talking at someone you're talking with someone.  The next thing is engaging in social media, like Facebook or Twitter.”

      It’s important to promote your worth.

     “You always want to prove you're valuable,” Liebel said. “  You're generating revenue, not costing the firm money. Show you have the ability to attract clients.” 

     Don’t stay home, instead hit the parties and events, said Debra Frank Montero, Esq., branch director of Robert Half Legal in Miami.

     “It’s all a tight knit legal community. The birthday party, the events, everyone you know can be a source. What I would say is if you’re not networking in a strong or uncertain economy, that’s a mistake. It’s a necessity.”

     Joining a board, getting involved with a cause or taking the time to help out an organization is a great way to network, Montero said.

     “Find something that you love to do,” she said. “Get on the board of an organization you believe in.”

     Montero said since there is no charge to the candidate, stopping by a staffing agency is a good idea.

    “A lot of the people coming in to Robert half know we are specialty staffing,” Montero said. “We’re a good source for networking and there’s no fee to the candidate.

     One of the big projects for Robert Half Legal right now is trying to help attorneys amass a different set of skills.

     “We’re trying to help real estate attorneys candidates get into the marketplace,” Montero said. “There are a lot of valuable attributes there.   Bankruptcy and litigation are always busy and to make a transition or to get a new job, it’s important to be out there. Meet as many people as possible.”

     Write, write and write some more, said Marc Randazza, an associate with Weston, Garrou, Walters & Mooney in Orlando.

     “Find a way to demonstrate ability in your chosen field,” he said. “Publish something.  Practice your writing skills.  Become a great writer, and someone will notice.  If nobody does, with that skill you can go out into the practice of law and kick their butts.  Then they’ll wish that they had hired you.”

     There are certain things one shouldn’t do if he or she is serious about getting work, Randazza said. 

     “Do not mass email or mass mail resumes,” he said. “Those go right in the trash, sometimes you might be fortunate enough to get a polite rejection letter.  If your resume and cover letter alone would get you a job, then a firm would have already come to your law school to recruit you.”

     Tim Wert, Orlando-based Partner-in-Charge at the national law firm of Roetzel & Andress, said it’s important to not grab just anything for the sake of being employed.  Evaluate the firm carefully when an opportunity arises.

     “Make sure you take a good hard look at the culture,” Wert said. “You need to be flexible and need to adapt.  In our case, we’re looking for attorneys who know finance.  But you want to go somewhere where you’ll be a team player and where you’ll do your best work.”

     Wert said his firm is always looking for good people.

     “Like other firms, we’re looking for different qualities from attorneys with varying degrees of experience,” Wert said.

“At the newbie level, we’re looking for a strong academic background and the opportunity to gain business development skills.  At the 4, 5, 6-year level we want to see: Do they have trial experience, other experience, are they a good writer?  Are they able in two years or so to become a partner?  As for partner candidates, are they well respected in the community and are they doing $500,000 in collections or more?”

     There are personality qualities that are important too, Wert said. 

     “Team players help build morale,” he said. “Taking the time to stop what you’re doing to help out is important because, as they say, ‘Rising waters raise all ships.’”