Douglass & Runger - August 2020
August 2020
Persevering Uphill 2 Cases That Shaped My Career
We all face uphill battles. Whether it’s overcoming a family divorce or healing from a debilitating injury, I know our clients at Douglass & Runger have faced some of life’s most difficult challenges. But if there’s one thing I’ve learned throughout my career and facing obstacles, it’s that you can’t be afraid to look your fears in the face and take that leap of faith. Don’t listen to your ego telling you you’re not worth it or it can’t be done. You can do anything you set your mind to, as I learned early in my career in two pivotal cases.
At that moment, I promised myself that I would never pass off another case due to my apprehension of the magnitude of the case. I refuse to do so to this day. Because of my hard work, we resolved the case. Without the experience from that case, I wouldn’t be where I am today. And that’s what led me to the second most influential work of my career. In 2013, I was approached by a small neighboring town about becoming its city attorney. I had never practiced “municipal law” before, but I knew the gig would be a great chance to expand my knowledge and experience. Even if I never represent another municipality in my career again, this job was a valuable opportunity to learn.
In early 2009, I was asked to take on a case for a victim who suffered devastating injuries in an airplane accident. I can’t go into details, but my client’s injuries were extensive. To be honest, I probably had no business taking on a case of this magnitude at the time, as I knew nothing about airplane accident cases, but I had a relationship with my client’s family, and they trusted me. The family’s trust in my abilities would propel one of the biggest jumps in my career. I had never dealt with a case that complex, and as a result, I was advancing thousands of dollars out of my own pocket into my client’s case, hiring various experts to build up the case. I knew the work and expense would be worth it for my own career, but more importantly, for my client. Still, I wondered if I should take on attorneys to assist me with the case, as I was in uncharted waters, and I even had some local attorneys approach me about bringing them on board, but then I remembered a particularly stinging reality I had faced a few years back. Earlier in my career, I gave up on a big case because I felt I didn’t have the expertise to manage it, and I brought in outside counsel to take over the case. I later discovered that the attorneys who took over the case settled it for much less than I believed the client deserved.
The last case I handled for the municipality remains one of my hardest losses and taught me one of the big lessons in my career. I filed an election contest lawsuit on behalf of the city’s aldermen in 2017. I was the only attorney fighting against three powerful, experienced lawyers for the Defendants in that case. I knew I could have asked for help from outside counsel, but I was the only one who truly understood the case and how to fight the case for the city. Everything was on my shoulders, and our laws mandate that election contest lawsuits be tried within 50 days of the filing of the Complaint, so I didn’t take a day off of work from Jan. 11, 2017 through March 1, 2017. I took 21 depositions in 45 days and worked every single day to ensure I was prepared for the fight in Court. At one point in Day 2 of the trial, I started to suspect I was losing. I could sense the Judge was swaying toward the defense, and I began to panic. During a court recess, I splashed water on my face and contemplated throwing in the towel. I felt hopeless, because the Judge made comments that made me realize that we were going to lose. I looked back at myself in the mirror, exhausted and ragged from continuous work, and I thought of my grandfather, who was an
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Depressed, Anxious, or Angry? Try Listening to Rock ‘n’ Roll!
THE POWER OF MUSIC TO SHIFT YOUR MOOD
2020 has been a difficult year. If you’re feeling frustrated, angry, or depressed right now, you’re not alone! All over the world, people have been trying different strategies to cope with their feelings, including yoga, meditation, exercise, binge-watching their favorite TV shows, and even baking banana bread. But perhaps the most universal outlet and cure for pent-up emotions is music. Do you remember the clip that went viral in March of Italians in quarantine, singing together from their balconies? If you do, that’s probably because it made you smile. TIME heralded it as proof that “the country’s spirits are still strong,” and it’s just one small example of how music uplifts people. This isn’t just an anecdotal effect, either. According to the National Alliance on Mental Illness, music can help us process emotions and fight mental health conditions like anxiety, dysregulation, depression, trauma, sleep disorders, schizophrenia, and more. So, how can you take advantage of music’s power to turn your mood around? One option is to create music of your own, but another is simply to listen. When it comes to flipping a bad mood on its head, a survey conducted by the Family
Center for Recovery (FCR) suggests that rock is the genre of choice.
“During any given year, depression affects approximately 5%–8% of Americans,” FCR reports. “According to our survey participants, the vast majority — around 89% — turn to music in order to feel better. The top genre for depressed listeners is rock, followed closely by alternative, pop, and hip-hop/rap.”
Perhaps unsurprisingly, the blues came in last on the list.
To put the power of music to work, create playlists for each mood that you want to turn around, like “Anger,” “Frustration,” “Sadness,” “Anxiety,” or “Grief,” and fill them with songs from genres associated with fighting that feeling. According to FCR, rock is the most popular antidote to sadness and anxiety, and it’s also high on the list for anger, along with pop and country. Frustrated people opt for variations of rock, pop, punk, and heavy metal, and those stricken by grief turn to soft rock or soul. The artists are up to you, so fill up your lists, press play, and let the music do its work.
Planning for the Future Over the course of our lives, we make many decisions. Everything from the career we want to what we eat for breakfast boils down to a decision. But what happens when we are incapable of making a decision for our health or well-being? Can you trust your family to know what to do? Let’s put it this way: Would you know what to do if a loved one falls ill or is incapacitated?
WHY YOU NEED TO DESIGNATE A POWER OF ATTORNEY
Upon executing a power of attorney and nominating an attorney in fact, you can also list out your wishes and demands. Do you want life-saving measures in the event your treating physician determines that you are in a permanent vegetative state? Do you have important bills that need to be paid? Do you have religious beliefs that bar you from certain medical treatments? The best way for your family to know and understand your wishes is by executing a durable power of attorney outlining your wishes and nominating someone to be your attorney in fact.
Clarity in these situations is what makes the durable power of attorney designation so powerful. Under Tennessee law, a durable power of attorney allows you to designate a loved one, referred to as your attorney in fact, with the ability to make decisions on your behalf should you become incapacitated or unconscious. If you execute a power of attorney, you can designate your attorney in fact to take over almost immediately upon the diagnosis of a major illness, when you lose consciousness, or after a certain amount of time after the diagnosis of an illness. You also have the right to determine what your attorney in fact controls. You may just want your attorney in fact to make medical decisions for you, or you may choose to have him or her assist with financial or business matters too.
That’s a lot of trust to bestow on someone else, and selecting the correct attorney in fact for yourself boils down to who you trust the most. This person should be someone who can act upon your best wishes and someone you know will ultimately follow your wishes. Be sure to have an honest conversation with the person you choose before executing a power of attorney. Probate attorneys can help you find the best person for this designation. They have knowledge of the necessary paperwork, can offer expert feedback, and are a reasonable third party to help you make tough decisions. If you would like assistance in naming your durable power of attorney, our team at Douglass & Runger can help. Visit DouglassRunger.com to schedule an appointment with our team for this and other legal matters.
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attorney and a fighter. I knew he wouldn’t give up, no matter the circumstances; he would continue fighting for what was right. Trust me, I realize that this sounds super corny, but it was exactly what happened. So, that’s what I did. I went back into that courtroom, essentially poured napalm on the room, and lit the proverbial match on the Defendants. I was so passionate that the Judge told me to calm down, but I wasn’t going to calm down. I was going to keep fighting. The Judge even took a 45-minute recess afterward! I knew I had gotten to her. I watched the doubt come over her face after my scathing cross examination of the Defendants, and I could see she began reevaluating the merits of our case. I ultimately lost the case, but as I began packing up to leave the courtroom, more exhausted than I have ever been in my career, a veteran attorney on the opposing side approached me. He congratulated me on a well-fought case and admitted that he didn’t know how the Judge would rule leading up to the closing arguments. I left the courtroom proud that day, carrying a loss and more knowledge than I had ever gained in my career. These cases continue to impact my work to this day. No one wants to fight an uphill battle. These battles are hard, tiring, and terrifying. Who knows what lies ahead, but if we don’t fight, claw, and persevere on our way up the hill, we’ll never get to see what’s on the other side. Oftentimes, the experiences lead to something far greater than the pain we experience in the battle.
MOVING FORWARD 5 STEPS TO TAKE AFTER A LOVED ONE PASSES AWAY The death of a loved one is never easy, but after-life planning can make this process much smoother for the family of those who have passed. Still, there are steps every family must take after a loved one dies. Below is a guide to help you through it. 1. Order the death certificate. You will need proof of death as you begin this process. Ask the funeral home for multiple copies of the death certificate, so you are prepared for any service that asks for it. 2. Cancel subscriptions. From streaming services to the energy that powers your home, you rely on a network of people every day to live, work, and play. Unfortunately, these subscriptions leave your family members with the daunting and often exhausting task of canceling the services you use every day. These calls can be difficult, so lean on family members for help. 3. Be mindful of Social Security checks. If your loved one is an older adult or disabled, they may be receiving regular Society Security checks to supplement their income each month. The Social Security system is sometimes lagged, so it may be weeks before the Social Security office knows your loved one has passed. Hold on to the checks and do not deposit the money. These funds will have to be returned. 4. Meet over your loved one’s will. As a client of Douglass & Runger, we will work with your family to review your deceased loved one’s wishes, take inventory of their assets, and outline other pertinent points in the deceased’s will. We will provide your family with the knowledge they need to move forward. 5. Take time to grieve. The loss of a loved one can feel substantial, but the responsibilities you take on afterward do not have to be time-consuming. A probate attorney can walk you through the entire probate process, from opening an estate to dealing with creditors and closing the estate, so you can focus on mourning the loss of someone special. Honor those feelings as they come. Grieving is necessary for you to move forward. Your family isn’t alone after you pass. Our team at Douglass & Runger can guide your family through the tough decisions and the healing process. Learn more about our probate work and other legal assistance online at DouglassRunger.com.
"Tough times never last, but tough people do." –Robert H. Schiuller INSPIRATION
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Inside This Issue
1
Overcoming Your Uphill Battles
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The Best Genre of Music to Combat Depression Plan Now for Your Future
3
5 Steps to Take After Your Loved One Dies
Celebrate National Chefs Appreciation Week
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NATIONAL CHEFS APPRECIATION WEEK Celebrates Those Who Bring Communities Together
How can I celebrate?
Restaurants have had an especially tough time staying afloat during the pandemic. Most eateries had to discontinue dine-in service, and those that couldn’t adapt to offering takeout or delivery may still be questioning whether they’ll ever be able to open their doors again. During the pandemic, it became clear to many of us just how important a role our favorite restaurants play in providing not just tasty chow, but also a sense of comfort and community. Celebrating National Chefs Appreciation Week is a great way to let the chefs who run those eateries know just how much they mean to us. What is it? Since the holiday’s inception in 2013, it has most commonly occurred during the third week of August; this year, it’s August 16–22. Restaurants, patrons, and home cooks alike can show appreciation for the art and dedication chefs bring to their craft every day. Several restaurants across the country celebrate with special events and menus, and patrons flock to their favorite places for great food and company and to support the chefs who bring their communities together.
Now that many restaurants are opening back up for service at a limited capacity, it’s possible to dine in and further support the chefs who make the food you love. But, if you’re still not comfortable eating at a restaurant, there are plenty of other ways to celebrate. Continue having food delivered or picking up curbside from your favorite places. Whether dining in or carrying out, remember to tip well! You can also post about your favorite dishes on social media or leave a glowing review for your favorite eatery on Google or Yelp. The beauty of this holiday is that celebrating includes doing activities you probably already do, so it’s easy to participate.
Chefs play a significant role in the evolution of culture, protection of tradition, and construction of community. Their food brings us together, fills our stomachs, and brightens our moods. We may not have fully recognized all they do for us until recently, but now that we have, we can truly celebrate Chefs Appreciation Week to the fullest.
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