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LEGAL BRIEF
JULY 2023 FriedmanSimon.com 516-800-8000
WORK CAN BE FUN AND OTHER LESSONS FROM SUMMER JOBS
Almost everyone has to work for a living, so it pays to find something you enjoy doing. The skills and work ethic you learn in youth in the workplace are invaluable when applied in the future. Small things we might take for granted like dressing appropriately, showing up on time, interacting with people in a work capacity, accepting performance feedback, and learning from errors, all give you a leg up in life. My first exposure to work came from watching my dad at work during summers. My dad is a cabinet maker, and I spent several summers watching him at his shop. I usually would pitch in by helping to answer the phone, helping carry or hold tools, and generally watching Dad and the employees work. I of course was young at that time, so with all of that wood around I also made a few birdhouses or other fun items to take home to Mom.
was in my early 20s in law school, still working a few shifts a week at the diner. I was chatting with the night manager about school, and he helped connect me with his wife, who was a personal injury paralegal at a small firm in the area. I may not have ever found personal injury law if it wasn’t for that opportunity. I learned many of the basics about how insurance worked, how to communicate with insurance companies, how to fill out medical authorizations, how to properly read a police report, and so much more. It was of course my first professional office experience, which came with its own version of fun in day-to-day interactions with co-workers. My years working part-time at that firm helped me land an attorney position at another personal injury firm after I passed the bar, and with my passion for helping others, I never looked back. Perhaps the greatest lesson I learned from my early summer work experiences was that you can earn money and have fun while doing so — whether it was taking time to make silly birdhouses as a kid while learning from dad, helping
It was good for me to be exposed to what my father did for a living and to understand how much time and energy it took not only for my father but for the other employees to earn a living. I am very lucky to have such an amazing role model in that regard. While not everyone spends their days designing, measuring, sawing, or hammering, every career requires commitment and a willingness to roll up your sleeves and get to work. Fast forward a few summers and my first paid job was working as a host/cashier at my cousin’s diner. I spent about 8 years working there on and off between the ages of 16 and 24. Earning
make sure everything was running smoothly at the diner while also enjoying a few laughs, or learning the basics of personal injury law, and more importantly at that time, seeing an environment where everyone works together as a team to help people through difficult times after they had been injured.
To any young person considering or experiencing their first foray into the workplace
money for the first time at an hourly rate started to teach me the value of a dollar — I remember thinking to myself when buying small things, “I needed to work an hour to make that $10 and pay for that.” I had a lot of memorable experiences there — things I still laugh about with my cousins to this day (changing the lyrics to the songs that play in the diner all day on repeat, nights out with the hostesses and waiters after work, remembering our favorite customers, and more). You also never know where a connection might come from in life. I
this summer, I encourage you to expose yourself to as many different types of workplaces as possible. You’ll learn a lot about life and the
way the world works, and you never know who you’ll meet. If you are lucky like I was, you might even find something you love doing.
-John G. Papadopoulos
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Accidents can happen anywhere, including in your own home. While you might expect that most accidents occur on roads or in public places, they also happen in the home or apartment where you live. If you rent, you might have recourse if you sustain an injury from improper upkeep of the property where you live. A recent case we settled involved a woman who had lived in her Nassau County home as a tenant for 17 years. As time passed, the driveway to the house became cracked, uneven, and warped. The disrupted concrete created a hazardous condition that made a trip and fall likely. One day, it happened. Our client fell and severely injured her hand, requiring multiple surgeries. As with all personal injury cases, the injury suffered is only one factor that needs to be considered. Accidents at a person’s own home can be tricky because the insurance company defending the homeowner is able to argue comparative negligence to try to reduce damages claimed. Arguments that the homeowner knew about the problem go both ways, as the defense might argue that the tenant living at the property also should have known about the problem and avoided it. If the tenant is found partially negligent for the injury, it can reduce the compensation that the injured tenant might have otherwise received. Regardless, we were able to succeed and obtain a significant settlement for our client. They say a picture speaks a thousand words, and the ones we took and located in this case certainly did. The extent of the disrepair present in the driveway made it very clear the landlord had been negligent in not repairing the property. Thanks to Google Maps, we also had evidence of how the driveway deteriorated over time. While these cases can be challenging to win, tenants should know that they have a right to sue if they’re injured because of negligence in the maintenance of their home or apartment by their landlord. There’s no need to accept the many costs associated with an injury that was not your fault. Landlords are responsible to keep their property in a reasonably safe condition and often are held responsible to pay for damages that result from improper upkeep. Call Friedman & Simon if you believe you may have a case, and we’ll be glad to review your options. BUT LANDLORD NEGLIGENCE CAN CAUSE INJURIES Home Should Be Safe
Build Loyalty With Storytelling Marketing
Tell a Story and Gain a Following
We all love stories. Be it books, movies, or current events, we can’t help but thrive on storytelling in our everyday lives. We even process information better when it’s told as a narrative. A study by psychologist Jerome Bruner discovered that people were 22 times more likely to remember a fact when embedded in a story. That makes storytelling a powerful tool to reach your audience. Storytelling marketing is when brands use a narrative to convey their message. In our era, consumers require more than a basic display of your product. Consumers are searching for why they should trust — and buy from — you. The best way to do this is to utilize storytelling marketing. Not only will it help customers better understand your business, but it also humanizes your company. HOW CAN STORYTELLING BENEFIT YOU? Businesses worldwide have been reaping the benefits of storytelling, and it has worked well enough to become the new standard. Whether you’re sharing why you started your business or adapting stories that align with your company’s beliefs, storytelling marketing can:
• • • •
Make your brand memorable
Separate your business from competitors
Share your message and ideas
Build a connection with potential customers
GET STARTED ON STORYTELLING MARKETING. While the benefits of storytelling marketing are clear, it’s a bit more challenging to execute. You might struggle with your story and what you should share. Consider what motivated you to start your business. Entrepreneurship isn’t for the faint of heart, and there must be various reasons for this endeavor’s importance to you. List all the events and ideas that led you here. Next, design your anecdotal story to align with the ideals of your desired audience. Instead of sharing your story, you could create a tale with powerful metaphors and a lively narrative to draw in your audience. Whatever approach you take, storytelling marketing will ensure you leave a greater impression.
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Should You Quit? WHEN TO WALK AWAY FROM A FRIENDSHIP OR COMMITMENT
It’s time to reframe quitting. Most of us think of leaving a commitment as a shameful, weak thing to do — but if you’re stressed and overwhelmed, it can actually be a mental health boost! That doesn’t just apply to walking out on a job. You should also consider quitting other things that weigh your life down. Maybe you’re in a book club that bores you or a friendship that feels like a chore. Quitting could reduce your stress and free up your personal time. THE RIGHT TIME TO QUIT Consider these questions if you’re staring down the barrel of a commitment and aren’t sure whether this is the moment to walk away. 1. Do you dread spending time on this thing/with this person? 2. Does the commitment cause you stress or leave you in a bad mood?
3. Could you spend your time more happily and productively on something else?
Could someone else easily take over your role if you leave?
Vanessa Zoltan meets with a different guest and talks through whether they should quit a specific thing in their life — whether it’s a yoga subscription, a city, a choir, or the habit of telling a white lie — and how to do it gracefully. You can also pick up a copy of “Essentialism: The Disciplined Pursuit of Less” by Greg McKeown. The philosophy of essentialism is about “challenging the core assumptions of ‘we can have it all’ and ‘I have to do everything’ and replacing them with the pursuit of ‘the right thing, in the right way, at the right time.’” McKeown’s book is packed with valuable lessons for anyone who struggles to say no or walk away.
If you answered “yes” to any of our questions, it may be time to quit — as long as doing so doesn’t put you or anyone else in physical, mental, or financial danger. Not convinced? Consider the philosophy of organizer Marie Kondo. Does this friendship, volunteer opportunity, or club spark joy? If not, thank it for its service and move on. MORE GUIDANCE ON QUITTING To learn more about paring down your life, check out the podcast “The Real Question.” As we write this, it’s in the middle of a season called “Should I Quit?” In each episode, host
SUDOKU
Grilled Steak Salad With Peaches Inspired by Delish.com
This summer salad is both hearty and healthy!
Ingredients
• 1 lb skirt steak, fat trimmed • 1/4 cup balsamic vinegar • 1 clove garlic, minced • 1 tbsp light brown sugar • 1 tbsp vegetable oil • Kosher salt • Black pepper
• 1/4 cup extra-virgin olive oil • 1 large lemon, juiced • 6 cups baby arugula • 2 ripe peaches, thinly sliced • 1/3 cup crumbled blue cheese or feta
1. In a large resealable plastic bag or baking dish, combine steak, vinegar, garlic, and brown sugar. Marinate 20 minutes at room temperature. 2. Remove steak from marinade, coat with vegetable oil, and season generously with salt and pepper. 3. On a grill or pan set to high heat, cook steak until desired doneness. Rest 5–10 minutes, then thinly slice against the grain. 4. In a small bowl, whisk olive oil and lemon juice to make dressing. Season with salt and pepper. 5. In a large serving bowl, add arugula, peaches, blue cheese or feta, and steak. Drizzle with dressing and gently toss. Directions
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516-800-8000 FriedmanSimon.com
390 N. Broadway, #210 Jericho, NY 11753
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What John Learned From His Summer Jobs Storytelling Should Be Your Marketing Priority INSIDE THIS ISSUE 1 2
When Landlords Are Negligent
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Does Quitting = Healing?
Grilled Steak Salad With Peaches
You Can Write a Contract on a Napkin!?
A TEXT OR EMAIL CAN BE A CONTRACT! WHAT MAKES A DOCUMENT LEGALLY BINDING?
In the legal world, many firms rely on technology to communicate with clients. Processes and daily tasks have become seamless with the help of laptops and phones. But as tech continues to evolve, we must change how we view specific processes and legal steps. When most people hear about contracts, they think of formal agreements between two parties, usually involving lawyers. However, a contract can be a text, email, or napkin! Here’s what you need to know. WHAT IS A CONTRACT? A contract is a written or verbal agreement between two or more parties regarding exchanging items or services. Under the ESIGN Act, text messages and emails are considered legally binding. Furthermore, no signature is required for a contract to go into effect — all that is needed is for all parties to agree to the terms outlined in the document. WHAT ABOUT COURT CASES REGARDING CONTRACT DISPUTES VIA TEXT OR EMAIL? Over the past few years, several legal disputes have happened regarding if a text or email is considered a legitimate contract. For example, in the 2013 case of Forcelli v. Gelco . Gelco Corporation’s insurance company offered Forcelli money to settle a case — this
correspondence happened through email. Forcelli agreed to the settlement but tried to back out. The New York Appellate Division determined that emails were legally binding. In the 2017 case of St. John’s Holdings, LLC v. Two Electronics, LLC , St. John’s Holdings (seller) sent multiple text messages to Two Electronics, LLC (buyer) asking them to sign a letter to finalize their deal. After a few attempts, the buyer responded to the text and agreed to the terms and conditions. However, the seller later informed the buyer that they had accepted an offer from another party. When this issue went to court, the judge determined that since both parties agreed on the terms and conditions via text, it was a binding contract. So, what is needed to make a contract legally binding? You need mutual assent, which is the result of a valid offer and acceptance; consideration; capacity; and legality. Because technology constantly evolves, we must understand how it can affect us from a legal standpoint. If you have any questions or concerns, allow us to assist you. Give our office a call anytime!
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