www.enkanter.com
March 2018
THE VALUE OF TEAMWORK ON THE COURT AND IN THE COURTROOM
We may not notice the changing of the seasons much here in San Diego — the only real signs of change are which sports end and which ones begin — so as “winter” turns to spring, you can bet I’ll be watching March Madness. College basketball is actually the only version of the sport I can watch anymore.
star players. So often, it seems like teams just exist to get the ball to their No. 1 player in creative ways. Even the likes of “Dr. J” Erving and Caldwell “Pops” Jones were expected to pass the ball around in the old days. Thankfully, NCAA basketball is still a team sport. You’ve got all these up-and-coming players working together to win, and it shows! Every year during March Madness, there’s an upset of some magnitude. A team from a small school nobody’s heard of can go toe- to-toe with the likes of Michigan State and come out on top. That’s because, on the court, one person’s talent or one school’s resources don’t matter. The only thing that counts is teamwork. The same thing is true in the court of law. While the stakes are much higher for us and our clients, I still think more lawyers could stand to learn a thing or two from college basketball. That’s because lawyers who view themselves as team players rather than stars stand a far better chance of leveraging facts in their favor. That’s why we take a team approach at our law office. My staff and I will sit down with you, get organized, and ensure we’re on the same page. Then we’ll talk strategy. We’ll look at the facts, mull them over, and anticipate what the
other side is going to do. This communication is crucial, because it sets us up for the legal version of a full-court press. In personal injury cases, the defense often likes to paint in broad strokes. They deal in surface-level facts, vague statements, and innuendo to cast doubt on people’s injuries and whether the victim sought sufficient treatment. What my team and I have found is that, by having command of the facts of the case, we can box in these kinds of defenses. That’s the way we like to work — as a team. I’m not here to tell you your case is going to be a slam dunk. No one can guarantee that. What I can say is that we believe in real communication. The greatest basketball teams are the ones who know how to give and go. At least, they used to be. That’s why I find the college games so entertaining. Victory is sweetest when it’s a team effort.
LAWYERS WHO VIEW THEMSELVES AS TEAM PLAYERS RATHER THAN STARS STAND A FAR BETTER CHANCE OF LEVERAGING FACTS IN THEIR FAVOR.
Don’t get me wrong — as a Philly native, I loved watching the 76ers back in the day. The 1977 NBA Finals against the Trailblazers were a roller coaster of high scores and comebacks that almost went to Game 7. While it was ultimately a heartbreaking loss for Philly, I still look back on those six games as part of the golden era of NBA play. Nowadays, I don’t even watch when the 76ers are in the playoffs. It’s just not as exciting, because for one reason or another, basketball at the pro level has become hyperfocused on
Go Panthers,
-Elliott Kanter
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Law Office of Elliott Kanter APC | (619) 231-1883
Published by The Newsletter Pro | www.thenewsletterpro.com
Once you have compiled a list of candidates, it’s time to conduct interviews. When communicating with candidates you don’t know, remember not to give out too much personal information. Set up phone interviews for the first round, and if you like the candidate, set up an in-person interview in a public place. Your questions should be geared toward your lifestyle and the expectations you have for a sitter. Make sure you’re on the same page about job specifics, discipline, and responsibilities. If you’re still sold on the candidate after the in-person interview, consider introducing them to your kids to get their opinion on the sitter. Once you’ve decided on the perfect babysitter, make sure to monitor the relationship and ask your sitter and child open and upfront questions after every session. The most important thing to remember is that your sitter must be compatible with the needs of your family. Sometimes, you learn that a perfect candidate is not the right fit for your family. But that’s okay! Once you’ve gone through the process once, finding another sitter will be a breeze.
HOW TO FIND THE PERFECT SITTER FOR YOUR FAMILY
Finding the perfect babysitter can be daunting. But as most parents know, sitters are a necessity. Here are some tips to help you find the best sitter for your family. Many people turn to family friends or neighbors to find a trusted sitter, but searching for a candidate online is also a great option. No matter where you look, you should start by creating a short list of potential caregivers and screening them for your family’s needs. Review their experience, education, certifications, and hourly rate. If you have online candidates, you can read parent reviews to get a better idea of a sitter’s performance and personality. Make sure to run a basic background check on each candidate. Next, check out your potential sitter’s references. Online profiles almost always require them, so don’t be afraid to reach out. Call their references and check your sitter’s other social media profiles to learn more about their personality and hobbies. Finally, run an enhanced background check through your local police department or through a private online service.
TAKE CARE HELP YOURSELF AND YOUR CLAIM Often in personal injury law, we see folks try to put on a brave face regarding their trauma. Maybe they’re trying to be macho, maybe they don’t want to be a burden to their loved ones, or maybe they feel they can’t afford treatment. This is twice as common for individuals dealing with psychological trauma, where seeking help can be stigmatized. For those out there trying to grit their teeth against the pain, we see you and your struggle. We want you to know that it’s okay to not be okay. Silence is neither a strength nor a salve. The only way your injuries are going to get better is through professional treatment. You owe it to yourself to seek good consistent care and to stick with it.
When you file a personal injury claim, the first thing insurance adjusters scrutinize is the treatment you’ve received, and whether you are doing all you can to recover. They will point out any gaps in your care, any prescriptions you’ve left unfilled, or any missed doctor’s appointments and leverage them against you. You see, gaps in care can be used to cast doubt on the severity — or even the existence — of your injuries. Whether mental or physical, only you can know the pain you are in. What matters is that you are honest about it. Adjusters tend to err on the side of suspicion, assuming symptoms are being exaggerated. They never take the time to consider how often people tend to do the opposite — to downplay their pain for one reason or another. There are many reasons to seek treatment after an injury. You may be primarily seeking your own recovery or hoping to receive compensation that matches the severity of your injuries. It’s always the best policy to be honest with medical professionals and yourself.
Receiving proper treatment is important for your long-term health and recovery, first and foremost. The sooner you recover, the faster you can regain some sense of normalcy. Ignoring or attempting to push past your trauma not only hurts your health, but it also hurts your chances of receiving adequate compensation for what you’ve endured.
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Law Office of Elliott Kanter APC | www.enkanter.com
Published by The Newsletter Pro | www.thenewsletterpro.com
DON’T INCRIMINATE YOURSELF What the 5th Amendment Really Means
You hear it recited in all the crime dramas. Cops show up, book their suspect, and tell them, “You have a right to remain silent. Anything you say can and will be used against you in a court of law.” This phrase, otherwise known as the Miranda rights, is one of the few things these shows get right about the criminal justice system. And yet, few people heed this warning in real life. When you believe you are accused of a crime, the absolute last thing you should do is talk to law enforcement. There’s nothing you can say in that moment that will help your case or prevent your arrest. Police are not judiciaries, so they will not be the ones passing judgment on you. But the things you say to them can and will incriminate you. Even seemingly innocuous questions from officers, like “Where were you tonight?” or “When did you get home?” can damage your case beyond repair. Regardless of your innocence, you don’t want to represent or misrepresent anything to law enforcement. Silence in the face of these questions isn’t an admission of guilt. It’s your constitutional right. That’s what the Fifth Amendment is all about. Beyond enshrining your right to a trial by jury, it protects you from being “compelled in any criminal case to be a witness against [yourself].” Silence cannot be used against you in the court of law. The only other phrase that is inadmissible as evidence of guilt is, “I want to talk to a lawyer.” That’s the part of the Miranda rights you don’t hear as often on TV. The declaration goes on to say, “You have the right to an attorney. If you cannot afford an attorney, one will be provided for you.” Exercise this right. With over 35 years in criminal defense law, we’ve seen how much harm even an innocent statement to law enforcement can cause to a case. If you find yourself or a loved one under arrest, please give us a call.
COLCANNON Inspired by foodnetwork.com
INGREDIENTS
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4 scallions, finely chopped
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3 pounds potatoes
Parsley, for garnish
2 sticks butter
Salt and pepper, to taste
1 1/4 cups hot milk
1 head cabbage, cored and shredded 1 pound cooked bacon, chopped into small pieces
DIRECTIONS
1. Steam potatoes for 30 minutes. Peel skins and mash flesh thoroughly. 2. Chop 1 stick of butter into small cubes and add to warm potatoes. Once melted, slowly add milk, stirring constantly. 3. Boil cabbage in water. Add 2 tablespoons of butter to tenderize. 4. Add cabbage, bacon, and scallions to mashed potatoes, gently stirring to combine. 5. Serve garnished with parsley and a pat of butter.
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Law Office of Elliott Kanter APC | (619) 231-1883
PRSRT STD US POSTAGE PAID BOISE, ID PERMIT 411
Law Office of Elliott Kanter APC 2445 Fifth Ave #350, San Diego, CA 92101 (619) 231-1883
INSIDE THIS ISSUE
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ELLIOTT’S MARCH MADNESS
FINDING THE PERFECT BABYSITTER DON’T IGNORE YOUR INJURIES
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A CLASSIC ST. PATRICK’S DAY SIDE THE RIGHT TO REMAIN SILENT
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SPRING CLEAN YOUR UTILITY ROOM
The start of spring brings everyone’s favorite seasonal chore — spring cleaning! As you dust, vacuum, organize, and declutter, don’t forget about the one room that often gets neglected. This year, give special attention to the utility closet. DON’T FORGET TO CLEAN THE HEART OF YOUR HOME The utility closet houses your furnace, boiler, water heater, A/C junction, and other similar large appliances. Homeowners often forget about these appliances because they are out of sight and out of mind, and this can cost a lot in the long run. Like all the other rooms in your home, this space needs to be kept clean. Dust, for instance, can be hard on HVAC systems. THE IMPORTANCE OF SPRING CLEANING YOUR UTILITY ROOM
Over time, it accumulates in the HVAC intake and clogs the air filter, reducing its effectiveness and efficiency. This results in a short lifespan for your system, higher power bills, and a poorly heated or cooled home.
spread throughout the home, which can lead to health issues, including respiratory problems. A routine inspection will identify potential problems in your HVAC system. On top of that, you can get these systems professionally cleaned and maintained. These are simple steps that will keep your home’s air systems running smoothly for years to come. Plus, you’ll be ready for the summer months ahead!
How Often Should You Replace Your Air Filter?
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Homes with minimal foot traffic (single or double occupancy) and no pets or allergies: 6–12 months. Family homes (three or more occupants) with no pets or allergies: 3–6 months.
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Family homes with at least one pet or minor allergies: 2–3 months.
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Family homes with multiple pets or allergies: 1–2 months.
In addition to changing the air filter, it’s important to schedule a routine inspection of your home’s HVAC system. This includes an inspection of the appliances themselves and any connecting ducts. Dust, dander, and mold can accumulate in the ducts and
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Law Office of Elliott Kanter APC | www.enkanter.com
Published by The Newsletter Pro | www.thenewsletterpro.com
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