The Woman Behind Jacoby & Meyers

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Kids and Money

Capital Opportunities

The Expert Witness Role

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These articles by Barbara Fox, Melinda Sherwood, and Monika Guendner were published in U.S. 1 Newspaper on April 14,

1999. All rights reserved

The Woman Behind Jacoby & Meyers

You’ve seen the television ads for Jacoby & Meyers.

Perhaps you believe these lawyers pioneered in bringing law services

to the masses. Perhaps you think they are ambulance chasers.

Whatever image this law firm has for you, at least you recognize that

it has one. It achieved brand recognition in a profession that, for

years, labeled the mildest form of marketing as vulgar commercialism.

In the 1950s, when a law firm was mentioned in Life magazine, that

firm was reprimanded. Attorneys were not even allowed to send Christmas

cards to their clients. “Now even large firms are bidding on jobs

and have huge marketing departments,” says Gail Koff, managing

partner of Jacoby & Meyers, “and everybody is trying to have a

brand name.”

Koff believes she helped change the face of law firms in America.

She will speak on “The Trials and Tribulations of Building a Brand

Name” at the Venture Association of New Jersey on Tuesday, April

20, at 11:30 a.m. at the Westin in Morristown. Cost: $55. Call 973-631-5680.

“We have a fabulous legal system, and the way it protects the

rights of the individual is terrific,” says Koff, “but I know

it was not working to make lawyers accessible to the average person

25 years ago, and the system needed to be changed. My vision —

and what I have been caring about — is trying to make law visible

and understandable.”

Koff sets out her vision: “We were the first firm to say legal

services need to be delivered efficiently, that people need to have

an estimate in writing, that law firms should charge set fees wherever

possible, and that clients should have rights.”

Koff went to the University of California at Berkeley,

Class of ’67, and to George Washington law school in District of Columbia,

where she worked in the legal services program and discovered that

only the rich and the poor had really good access to legal services.

“I could see that the middle class was getting squeezed,”

says Koff. In 1977 she left the prestigious firm Skadden Arps to join

the consumer-friendly four-year-old Jacoby & Meyers in California.

With Leonard Jacoby and Stephen Meyers she — as a co-founding

partner — moved the firm to New York.

Three years ago, after she and Meyers had bought Jacoby out, Meyers

was killed in a car accident. Now Koff is alone at the top and is

the managing partner with 23 offices nationwide (three in New Jersey)

and a total of 50 attorneys, seven doing personal injury and 20 general

practitioners.

“We were first in the media, the first to go on television, the

first to talk about accessibility,” says Koff. She had realized

that in order to more efficiently deliver legal services the firm

should focus on cases that can be dealt with in a step by step way.

Another first, she says, was making law understandable, “talking

in plain English.”

Among her credits was a legal challenge to the State of New Jersey’s

rule that no law firm could operate in the state unless a “named

partner” (i.e. Jacoby or Meyers) had passed the New Jersey bar.

This law predisposed law firms to have long lists of partners in the

title, and, as Koff notes, “there were firms with dead partners.”

This daughter of a Manhattan advertising executive did not insist

on having “Koff” added to the company moniker, preferring

to retain the catchy double name. “We didn’t want to sound like

a disease,” she says, referring to traditional law firm names.

“We were all very focused on the brand concept from the beginning

and having my name there detracted from establishing the brand.”

“To brand something,” says Koff, “you have to have a vision.”

Add to that a good name, a “certain look,” and an idea that

appeals to the public. “If you resonate with changes that are

going on in the community, people will identify with it. The average

person wants power in their own hands — that is another piece

of a brand.”

The Internet, she says, will be another tool to give power to consumers.

At the VANJ meeting she will announce an addition to the firm’s home

page (https://www.jacoby-meyers.com). An “instant interview”

provides fast, free evaluation to accident victims. The site offers

questions to help clients determine if they have a legitimate case,

how much time they have to file their suits after the incidents occur,

and how much time each step in the legal process might take.

“We can still help consumers by educating them about their situation,

regardless of whether we take their case,” says Koff. “That

has always been our intention and will always be our practice. In

the 21st century, we have to reinvent law, to continue to make law

more accessible in the information age.”

If Koff was considered an outsider in changing the ethics of the “white

shoe” (traditional) law firms, as a woman she was also somewhat

of an outsider in the profession of law. For instance, the first time

she was called on in law school, she had to good-naturedly comply

with the professor’s request to stand up so, as the professor quipped,

“we can all see the dimensions of this case.”

Despite her current influential position, Koff denies that she is

one of those women who can claim to have “had it all” in all

areas of her life but points out that she is indeed proud of her “three

fabulous children,” ages 16, 14, and 9.

Still on her docket: that unfortunate stereotype. “The image,

unfortunately, of any attorney doing personal injury on a contingent

basis is that of ambulance chaser. I think that exists because at

the turn of the century the lawyers doing personal injury were the

Jews and the Catholics who not allowed into the traditional firms.”

“Lawyers who do personal injury, in fact, are the most dedicated

to want to help the little guy,” says Koff. “It is really

the opposite of what a piece of the public believes. It is very frustrating

to me. As we move into the 21st century, one of the things I will

be doing is to reeducate the public.”

— Barbara Fox

Top Of PageKids and Money

Victorians would outfit their children in adult clothes,

treating their young in most regards as merely small adults. Contemporary

society, on the other hand, places an almost sacred value on childhood,

protecting it from the intrusions of adult pressures. Some aspects

of adulthood, however, are best taught at an early age. How to manage

money is one perfect example.

A new book is showing parents how they can teach their children to

manage their finances, even before they’re making a real salary. “Kids

and Money: Giving Them the Savvy to Succeed Financially,” written

by Jayne A. Pearle and published this year by Bloomberg Press,

based on Business Park Drive, is a how-to book on managing finances,

from the first allowances to getting the first career job.

Chapter titles sound scary: The Battle for Your Kids’ Brains and Bucks;

Gambling, Betting, Lottery Tickets and Other Bad Habits; When to Bail

Kids Out; and Answering Sensitive, Nosy, Touchy Questions. But the

advice is down-to-earth:

Teach kids when they are young a healthy skepticism about advertisements.Help teens who earn significant money learn that not all moneyis discretionary — by charging them room and board and/or requiringthem to increase the amount they save.When kids get restless on shopping trips, challenge them tofind (or help you find) products that meet your criteria.Show your kids you can wait to buy things for yourself untilyou buy a better deal.Let kids make mistakes. It’s better to buy a relatively inexpensivepiece of junk now than a high-ticket piece of junk when they are older.With siblings, remember that strictly equal is not necessarilyfair.And here’s one for the adults: “If you can’t model goodspending, talk to your children honestly about the issue.”Top Of PageCapital OpportunitiesSkilled labor is New Jersey’s most precious resourcesays Rae Rosen, a senior economist at the Federal Reserve Bankof New York. “With unemployment down to around four percent,”she says, “businesses can’t wait for people to come to them. They’regoing to need to take a proactive stance in maintaining the laborpool.”A panelist at this year’s Capital Opportunities Conference, Rosenwill meet with other business owners, accountants, bankers and membersof the business community to discuss New Jersey’s economic outlookand how businesses can expect to grow and compete in the next year.Sponsored by the New Jersey Economic Development Authority, the conferencewill be held at the Marriott on Monday, April 19, from 8 a.m. to 2p.m. Cost: $25. Brian Williams, anchor of news shows on MSNBCand NBC, will be the luncheon speaker. Call the NJEDA at 609-292-0359.Nicholas Perna, chief economist with Fleet Financial Group,speaks at 8:45 a.m. Rosen joins Theodore Crone, vice presidentand regional economist at the Federal Reserve Bank of Philadelphia,in a discussion about New Jersey businesses within the context ofnational economic trends. Caren Franzini, executive directorof the NJEDA, Bob Buono, corporate treasurer of Eatem Corporation,and John Grifonetti, chief financial officer at Datek Corporation,conduct a roundtable discussion on programs that help businesses attaincapital and techniques for succeeding in today’s market.Rosen earned her BA from Barnard College in 1969 and received an MBAfrom New York University. At the New York Federal Reserve Bank, Rosenworks with a team of economists researching the economic issues thataffect New Jersey, New York and Connecticut. Prior to assuming herrole at the Fed, she was vice president of the Federal Home Loan Bankof New York and an economic consultant for Merrill Lynch EconomicsInc.The scarcity of workers is putting pressure on companies to be moreproductive, Rosen says, but a collaborative effort between labor andemployers — typically at odds — may be a good thing for everybody.”Both New Jersey and Connecticut,” Rosen points out, “areahead of other states in dealing with the labor shortage.” Shecites several examples of how businesses are beginning to invest inthe next generation of workers by working more closely with communitycolleges.One example: Covance, the pharmaceutical research company at 206 Carnegie,recently helped Mercer County Community College design and launcha certificate program in Clinical Research and Drug Development. Theprogram is aimed at students with BAs who want to work in the pharmaceuticalindustry. “Covance is at the forefront of what a very aggressivecommunity college program might be,” says Rosen. “That’s awin-win for everybody. They hire local people who get the training,and the business stays where it is because they can get the peoplewith the technical skills that they need.”If cultivating the next crop of workers sounds like a large investment,consider the fact that businesses could be shelling out much morein pay checks. “Labor has been pretty well behaved in terms ofdemanding higher wages,” says Rosen, “and in that way businesseshave been rather lucky.” Given the level of consumer demand, shesays, businesses would be unable to sustain the pressure of largepayroll increases. As it is, businesses are strapped just being moreproductive with the resources they have.The partnership between businesses and local colleges may even bringabout some profound social changes. “People who previously wereleft out of the job market because they didn’t have the language orthe technical skills to compete are now getting training because businessesneed them,” she says. The American Automobile Association, forinstance, has hired Mercer to give Total Quality Management and customerservice classes at its South Gold Drive headquarters, and the HolidayInn offered English classes to workers at its Route 1 site.”People who were at the bottom, so to speak, will have an opportunityto reach the top,” says Rosen. By altering the demographics ofthe labor force, businesses could ultimately foster social, economicand cultural change across the board.– Melinda SherwoodTop Of PageThe Expert Witness RoleAn expert witness can be a crucial player to a legalteam, both in educating the jury and informing the lawyers of thesignificance of scientific evidence. And there is more to being anexpert witness than just answering questions on the witness stand.In his presentation, “How to be an Expert Witness,” RichardSaferstein will discuss the finer points of witnessing for legalcounsel. Sponsored by the ACCC and the Chemical Consultants Network,the talk will be Wednesday, April 21, at 5:30 p.m. at the Nassau Club,6 Mercer Street. Cost: $35. Call 215-382-1589.By following a medical examiner’s testimony on a Court TV segment,Saferstein will point out the witness’s strengths and weaknesses.Although an ironclad testimony might speak for itself, there are waysto ensure a professional image and build credibility with the jurors,says Saferstein.Preparation. “You obviously want to evaluate the caseappropriately given the area of expertise you have,” he said.Once that is established and perhaps a report written, interactingwith the attorney is important. It is up to the witness to be ableto explain the science in basic layman’s terms.”You must have the ability to communicate science to a non-scientistcomprehensively and understandably without talking down to them,”said Saferstein. This communication also involves explaining the strengthsand weaknesses of your testimony. Review with the attorney the specificquestions that will lead to the points of strengths and let him knowwhat questions to avoid asking. If audio-visual props are to be used,a properly directed question should lead into the presentation smoothly.And if you do plan to use audio-visual props, be sure to let the attorneyknow what you will need.Image. The jury has expectations on what a scientificexpert witness will look like, and so the witness should considerthat. “It’s part of the presentation,” says Saferstein. Afancy suit with flashy jewelry may be your finest threads, but theydo not project the right image for the witness stand. Dressing conservativelyis more in tune with what jurors expect of a credible witness. Safersteinhimself usually chooses a shirt with tie, a sports jacket and “aclean look.”Making eye contact with the jury and correct posture are two otherelements important while on the witness stand. When 12 jurors arelooking at you, having your eyes glued to the floor does not buildcredibility, says Saferstein. Similarly, poor posture could be misinterpretedas insecurity in the testimony. “You want to project an imageof self-confidence,” he says.Positioning in the courtroom. “I am a strong advocateof creating a situation where I am the teacher and the jurors arethe students,” said Saferstein. To do this requires getting outof the witness box and onto the floor near audio-visual aids. Themovement off the stand, however, has to be a natural progression ofthe testimony. “You don’t want to go out of your way to do it,”he said. “Then it looks phony.”Creating a student-teacher relationship with the juryusually comes with the use of audio-visual aids. Equipment such asblackboards, easels, figures and even slides can be used. “Useanything that helps you explain your subject,” he says.Saferstein has his bachelor’s, master’s, and doctoral degrees in chemistryfrom the City University of New York. He was the chief forensic scientistfor the New Jersey State Police for 21 years until his retirementin 1991, testifying as an expert witness over 700 times. Since retiringhe has been a private consultant. His book “Criminalistics –an Introduction to Forensic Science” is currently in its sixthedition. He has written five other books on forensic science.Saferstein also became a commentator for television and radio duringthe O.J. Simpson trial, appearing on Rivera Live, the E! Network,and ABC Radio network.If there is anything that an expert witness should not do on the standit is to lie. “The only thing you really have is your credibility,”Saferstein says. “You should protect it at all times.– Monika J. GuendnerNext StoryCorrections or additions?This page is published by PrincetonInfo.com— the web site for U.S. 1 Newspaper in Princeton, New Jersey.

CE – US1

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