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WHAT A MESS! We guide small business owners over rocky legal terrain so they can protect and grow their companies.
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March 2022
Business Lessons From a Yardwork Explosion
It’s barely March, and I’ve already seen dozens of headlines about spring-cleaning. Usually, these feature people obsessed with organizing their closets and pantries. But you know what’s often left out? Cleaning the backyard. That’s too bad because my own backyard garden was the site of the biggest mess I’ve ever had to clean up — even counting my clients’ legal problems. The groundwork for the disaster was laid more than 20 years ago. When my wife and I moved into our current home in 1996, I spent several years building three retaining walls on the property. Two of them were well constructed with thicker rocks, and they’re still in good shape today.
First, my neighbor showed up first with his 17-year-old son, a kid in his prime who was built like an ox. Then, another friend of mine came by. He’s an attorney now, but he’s 6 feet, 4 inches and used to be a high school quarterback. Finally, my church sent over a few missionaries to assist us. The six of us worked until it was too dark to see the wheelbarrow in front of us. By the time everyone went home, there was just enough room for two cars to pass on the street! “WITHIN 30 MINUTES, ONE OF OUR NEIGHBORS CALLED THE CITY TO COMPLAIN, AND A POLICE OFFICER SHOWED UP AT OUR DOOR.” Placing those rocks consumed the rest of my summer. I bought two sheets of plywood from Home Depot that allowed me to slide the stones into place. I also called in a favor from a friend who was a stonemason. He brought over his hoist, and we used it to finesse the seven biggest rocks. The walls we built are still standing today. Thanks to that cleaning project, I learned a few things about myself. First, I discovered rocks are my medium. I really enjoyed the challenge of working with them! Second, I learned innovation is key to success. My plywood trick helped me out of a tough spot, just like innovating in my cases helps me win for my clients. Finally, I realized in backyard gardening — as in all other areas of life — I get by with a little help from my friends. If you could use a friend to help you out of your legal mess, reach out to me and my team. No matter how big or small the disaster is, we’re here to clean it up.
But I messed up on the third wall.
I built it too tall and thin, which I discovered the hard way 10 years ago. That summer, a series of rainstorms hit Reno. The soil behind the wall eroded, and multiple sections caved in! The backyard was a huge mess, but that was only the beginning. I never wanted another collapse to happen, so I decided to rebuild two thick, short walls instead of one tall, thin one. I placed an order for a large load of 1- to 2-foot rocks at the landscaping store. Here’s where I made my second mistake: I told the landscapers, “Go ahead and dump them in the street in front of our house.” They did exactly that — and oh, boy, did I regret it. The load of rock was so big it restricted the street to one lane of traffic. Within 30 minutes, one of our neighbors called the city to complain, and a police officer showed up at our door. Nancy called me and said, “Jerry, you need to come home right now!” The officer told me we needed to move enough rocks so two cars could pass each other on the street comfortably. There was no way I could do it myself, so I grabbed my beat-up wheelbarrow and called in favors.
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Spring Fever Enjoy Warm Weather While Stuck Indoors
Try working outside. If your boss will allow it, there’s probably some opportunity to do a bit of work outdoors. Meetings and conference calls might offer your best option. For in-person meetings, your coworkers will also likely relish a chance to take it outdoors. In the event of a conference call, you won’t need to convince anyone else — grab your laptop and go! It’s not the same as enjoying the weather while you’re off the clock, but it’s a lot better than being cooped up inside.
The weather is warming up, the sun is out — and you’re trapped inside. Most of us have jobs that leave us stuck indoors during spring’s prime midday hours, and it’s easy to feel like you’re missing out on the season’s best parts. Unfortunately, your boss probably won’t give you the day off just because of the gorgeous weather. So, we’ve compiled the next best thing — some tips to enjoy the season as much as you can while also getting your job done. Bring the outdoors in. When the weather is nice, open as many curtains and blinds as possible. The natural light will warm up the room and brighten your mood. While you’re at it, try opening the windows and positioning yourself near one. If you can’t be outside, the spring breeze on your face is the next best thing. Plants decrease stress, and having them on your desk might also trick your brain into feeling less cooped up. Take a break. You’ve still got to work, but that doesn’t mean you can’t sneak in a few minutes outdoors. Use your break for an outdoor stroll; if possible, you can also walk or bike to work. At the very least, park farther away to give yourself time to enjoy the weather. Volunteer to do a coffee run, pick up lunch, or take out the mail — you’ll be an office hero while catching some rays at the same time.
With any luck, these tips will help you make it to Friday with your sanity intact. And luckily, the weekend is always just around the corner.
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hearings, or a trial without representation — and if you cannot afford to hire an attorney, the court will provide you with a public defender. Ironically, to invoke your right to remain silent, you have to talk — simply not speaking isn’t considered sufficient. A person needs to say as clearly as possible that they are invoking their rights and want an attorney.
Though film and TV scripts tend to use uniform wording, there’s no required Miranda rights phrasing. Police only need to state the rights and ensure the suspect understands them. It’s also notable that police only have to read Miranda rights when they arrest a suspect — and they can question someone without
detaining them. Courts consider anything the suspect says when not under arrest to be of their own free will.
Many people waive their rights because they know they’re not guilty — or they think that speaking with the police will make them look innocent. Criminal defense attorneys strongly advise against this. Body language, off-handed statements, or inconsistent recounting of events can be used as evidence of guilt. And sadly, many innocent people have been sentenced to time in prison.
If you’re ever arrested or questioned in connection with a crime, the best way to protect your rights is to invoke them right away. Hire an experienced criminal defense attorney or ask the court to appoint one for you. The lawyer will review your case, help you understand the charges, and provide expert guidance on your next steps. Don’t feel bad about doing so — these rights are enshrined in the Constitution. They’re just that important.
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MEET THE TEAM
Bianka K. Dodov
1. Words to Live By
My favorite movie quote was said by Patrick Swayze in the movie “Roadhouse.” He plays a character named John Dalton who is the head of security in a rough bar called Roadhouse. “All you have to do is follow three simple rules: One, never underestimate your opponent — expect the unexpected. Two, never start anything inside the bar unless it’s absolutely necessary. And three, be nice ... it’s the job, it’s nothing personal. Be nice … until it’s time to not be nice.”
the argument they are making. I also make sure to let people finish their sentences — interruptions are a big pet peeve of mine, and I paraphrase back to them what they are saying. This serves a dual purpose: It makes the other person feel heard, and it allows you to respond to what they are actually saying rather than what you think they are saying. When it’s time to make my argument, I use “I” statements and I avoid absolutes. Rather than saying “always” or “never,” I say “often” or “rarely.” Finally, and this is the hardest part, learning to recognize when it’s time to stop the conversation is one of the most useful skills you can learn.
2. Best Career Advice I’ve Received
Never compromise your integrity — who you are is more important than what you do, what position you hold, and where you work.
3. What My Family Taught Me
I am a first-generation American; both of my parents are immigrants and they both came to this country escaping communist regimes that exacted harsh authoritarian control on their citizens. They taught me that there is no substitute for hard work and education (whether formal or self-driven), and they taught me to always think for myself. They instilled in me a love for this country and the importance of being a part of and supporting your community.
5. Do Dreams Have Hidden Meanings?
I believe that dreams, like intuition, represent data processed too fast by the brain for the conscious mind to comprehend. I think dreams help us process experiences, whether enjoyable, stressful, or traumatic — they tell us something about our emotions and the more we try to fight or suppress those emotions, the more we suffer.
4. Values
The way I move through a disagreement is first and foremost to always assume good or neutral intent. Assuming bad intent instantly puts you in an antagonistic mindset and prevents you from understanding what is motivating the other person. Next, I ask a lot of questions to help me understand the disconnect. Asking questions gives the other person room to speak, and you can drill down to the real issue or the real motivation that is causing them to make
6. What Celebrities Do I Stan?
Dolly Parton. I absolutely love her and think she is a national treasure. She is my answer to the question “which famous person would you have dinner with,” although sometimes I say Kris Jenner, if I could give her truth serum first. I am also a big fan of Taylor Swift and am a proud supporter of the #FreeBritney movement.
691 Sierra Rose Dr., Suite B Reno, NV 89511 775.448.6070 WWW.SIERRACRESTLAW.COM
What Is Probate and Trust Litigation?
In its simplest form, probate and trust litigation is about what happens to a person’s assets when he or she dies, who gets control of the assets, and who ultimately gets to receive the assets as an inheritance. The difference between probate litigation and trust litigation is the difference between having a family trust or not. If somebody dies and didn’t write a will, that goes to probate. If someone
Other times, the dispute can come from the fact that someone who wanted to inherit under the will or trust thinks that their parent, or the person who passed away, was taken advantage of. And so when your mom signed a new will or trust agreement on her deathbed, giving everything to another sibling or giving everything to a caregiver, was that proper? When that happens, the two main things that get discussed are these: Was the person
who passed away competent when he or she changed the will/trust? And by competent, did he or she have their senses and the adequate mental capacity to really understand the change that they were making? And then the other issue to consider is if that person was taken advantage of “undue influence.” Undue influence is a form of fraud and is where a person who’s in a weaker, vulnerable position is taken advantage of by someone who has a lot of ability to pressure them.
dies and only left a will, that goes to probate. On the other side, if somebody took the time, for the benefit of his or her family, to sit down with an estate planning attorney and prepared a trust and/or will, then everything is in the arena of the trust. And if there’s a dispute about the trust, then that would be called trust litigation or a trust dispute. Now when you’re in probate litigation or trust litigation, what are you fighting about? There are two main things that might be fought about. The first is who should be in charge of the stuff. In probate
When we get questions about probate and trust litigation, every situation has its own unique circumstances. So the best thing you can do for yourself and your loved ones,
court, who should be the executor or special or representative, if there was no will? With a
trust, who should be the trustee? And sometimes what will happen is everybody will agree that so-and-so was named to be the executor, named to be the trustee. But people start wondering if so-and-so is acting in a proper way and whether they’re being diligent in taking care of the things that need to be taken care of, or whether they’re maybe perhaps misusing the assets for their own personal gain. The second main issue that comes up in probate and trust litigation, of course, is who gets the stuff. And usually, but not always, the will — or the statute if there’s no will — spells out who gets what and in what order. The trust will also spell out who gets what. There can be a dispute just because two reasonable people reading the will or the trust agreement come to different conclusions.
if you have questions, is find an attorney like our firm that who practices in probate and trust litigation and give your specific questions to them, explain your situation, and get an understanding of what the best course of action is for you and your loved ones.
Feel free to give us a call at (775) 448-6070.
If you would like more information, please scan the QR code.
691 Sierra Rose Dr., Suite B Reno, NV 89511 775.448.6070 WWW.SIERRACRESTLAW.COM
TAKE A BREAK
Why One Man Sued Michael Jordan for $832 Million I DON’T WANT TO BE LIKE MIKE
Many people have been told they
have a passing resemblance to a celebrity, and they usually have a funny story or two. To Allen Ray Heckard, his celebrity look- alike was no laughing matter. In 2006, he sued Michael
Jordan for looking too much like him and ruining his life.
The amount of the lawsuit was $832 million, and Heckard not only sued Jordan but also Nike, reasoning that the company helped Jordan achieve his incredible fame. The complaint argued that the resemblance to Jordan “has troubled
Heckard’s nerves” and being stopped by fans caused him emotional distress for over 15 years. He requested damages for defamation, permanent injury, and pain and suffering. For someone tired of being “recognized,” Heckard didn’t shy away from media coverage. When asked how he arrived at the astronomical $832 million lawsuit figure, he gave this much- shared (yet difficult to parse) answer: “Well, you figure with my age, and you multiply that by seven and, ah, then I turn around and, ah, I figure that’s what it all boils down to.” When asked why he felt the resemblance to Jordan had affected his life so negatively, he could only answer, “I want to be recognized as me, just like Michael’s recognized as Michael.” Funnily enough, most people didn’t think Heckard and Jordan looked alike at all. While each had a bald head, mustache, and a gold earring, the similarities seemed to end there. Many news stories noted that, compared to Jordan, Heckard is 8 years older and 6 inches shorter. One question reporters did not appear to ask was why Heckard felt that Jordan should be held personally liable for hundreds of millions of dollars simply for his natural appearance. Sadly, we will probably never know the answer because the case ended rather unceremoniously. After a few weeks, Heckard dropped the lawsuit. He never publicly shared why, but a Nike spokesperson was glad to speculate that Heckard “finally realized he would end up paying our court costs if the lawsuit went to trial.” In the end, many ‘90s kids would argue that Heckard was most guilty of looking a gift horse in the mouth. After all, there is no higher achievement than to “be like Mike.”
EASY MARCH MADNESS CHILI
Cheer on your favorite team and chow down in minutes with this easy chili recipe!
Ingredients
• 2 lbs ground beef • 2 tbsp chili powder • 1 tbsp Creole seasoning • 1 tsp ground cumin
• 2 16-oz cans diced tomatoes • 2 16-oz cans small red beans • 2 8-oz cans tomato sauce
Directions
1. In a deep pot, brown the beef, stirring often. 2. Once beef is cooked, add chili powder, Creole seasoning, and cumin, cooking for 1 minute. 3. Stir in diced tomatoes, beans, and tomato sauce and bring the mixture to a boil. 4. After the mixture boils, reduce the heat to low and let chili simmer for 15 minutes. 5. Serve with toppings of choice, like cheese, sour cream, or chives.
Inspired by MyRecipes.com
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IF SOMETHING IN YOUR BUSINESS IS KEEPING YOU UP AT NIGHT, CALL US AT 775-448-6070. REFERRALS ARE ALSO WELCOME.
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INSIDE THIS ISSUE
1
Jerry’s Life Gets Messy
2
Enjoy Spring Weather — Even From Work
Easy March Madness Chili Someone Sued Michael Jordan?
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4
What Do Your Miranda Rights Mean?
You Have the Right to … What Now? Understanding and Using Your Miranda Rights
If you watch a lot of procedural dramas on television, you can probably recite your Miranda rights by heart:
But why are these words so ubiquitous? What do they mean in the real world? And do you really need to worry about your rights if you haven’t committed a crime? Miranda rights originated in 1966 through the Supreme Court case Miranda v. Arizona . Police arrested Ernesto Miranda on kidnapping charges, and after two hours of questioning, he eventually confessed to the crime. His attorneys argued that Miranda did not understand his rights at the time of the confession, so the courts should disregard it as evidence of his guilt. The Supreme Court agreed, saying that one cannot sign away their rights without first understanding them. The right to remain silent originates from the Fifth Amendment right to not self-incriminate. In this context, “staying silent” means not answering questions from the police. Though experts recommend silence from the beginning, a person can invoke their rights partway through an interrogation. The right to an attorney means you do not have to go through questioning,
You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for you.
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