Law Office of Elliott Kanter APC - March 2019

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March 2019

SPRING TRAINING HOW I PREPARE TO GO TO BAT FOR MY CLIENTS

Well, spring is almost here, which means my favorite sport is about to wind up again. Like many baseball fans, I enjoy keeping an eye on the spring training games, even if they don’t “count” toward the regular season. It’s during these exhibition matches that you get a real sense of how well a team is going to synergize. It’s especially interesting to watch old pros and rookies alike take the field and work out the kinks — after all, everyone’s equal on opening day.

That’s why, most years, I make it a point to attend a 3–4-day seminar held by the Trial Lawyers College. These events are held all over the country and attract some of the brightest minds in the legal field. We discuss new laws, review trial strategies, and share experiences from the courtroom. It’s a powerful event that always leaves me feeling recharged and ready to go to bat for my clients. The baseball metaphor is apt since pro lawyers and baseball stars use this spring training session to learn all they can. There are some big-name lawyers who come to these events, and I’m always impressed by their ability to leave their egos at the door. It underscores the idea that, no matter how many years we’ve been practicing law, we are all there to learn. Lawyers of all stripes take these events seriously because knowledge is everything in the courtroom. Being up-to-date on the latest laws, strategies, and tools available can be the deciding factor in a case. We owe it to our clients to always give them the best representation possible. We can’t do that by resting on our laurels. That’s because, even when the laws themselves don’t change, once-successful strategies can become obsolete in the courtroom. Prosecutors in criminal court and insurance lawyers in civil cases are constantly

WE OWE IT TO OUR CLIENTS TO ALWAYS GIVE THEM THE BEST REPRESENTATION POSSIBLE. WE CAN’T DO THAT BY RESTING ON OUR LAURELS.

Believe it or not, I’m actually embarking on my own spring training this month. Sadly, it won’t be for baseball, but I look forward to it regardless. You see, just as it’s important for pro players to sharpen their skills, good lawyers continue to learn more about the law over the course of their careers. We actually have continuing education requirements that stipulate a minimum of 12 hours of coursework a year. Of course, I’ve never been one to shoot for bare minimums.

adjusting their approach, and we need to do the same. Were I practicing law the way I was 30 years ago, my success rate would be abysmal today.

-Elliott Kanter

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Law Office of Elliott Kanter APC | (619) 231-1883

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4 RAINY DAY ACTIVITIES ENJOY YOURSELF!

As the weather warms up, the urge to get out of the house becomes stronger. However, any plans you might have can be abruptly canceled due to rain. If you find yourself stuck inside for the day, here are a few activities to keep you occupied. GET BAKIN’ A wet and chilly day is an excellent opportunity to warm yourself up with some baked goods. Bake your favorite snickerdoodle cookies or fudge brownies, and pour yourself a mug full of hot chocolate or cider to get through the stormy day. READ A BOOK If you have a bookshelf full of novels you’ve not cracked open, a rainy day is the perfect time to jump in. Settle down on the sofa with a cuddly blanket and enjoy some

uninterrupted reading. The rain smattering against your windows creates the perfect background noise to delve into the pages of a new adventure. CREATE YOUR OWN FILM FESTIVAL Having a movie or TV series marathon is another great way to pass the time. You can watch some of the classics, like “Forrest Gump” or “Singing in the Rain,” fill the day with “The Lord of the Rings” series, or start a new Netflix show. If you want to involve your kids in the binge-watching, you can let them pick out one of their favorite movies too. PIECE TOGETHER A PUZZLE A rainy day is a great opportunity to pull out a puzzle. You can also grab your friends or family members and make the puzzle a team activity. With the whole day ahead of you,

you’ll have several hours to devote to one of your favorite hobbies.

Don’t let the rain keep you down! Instead, take advantage of the weather and enjoy a cozy day at home.

DO I REALLY NEED A LAWYER? 4 REASONS YOU SHOULD REPRESENT YOURSELF IN COURT When you find yourself in a criminal court case with your reputation on the line, it might feel like no one will fight better for your innocence than you. It occurs to many defendants that they have the option to represent themselves in court. Here are four signs that you could successfully represent yourself. 1. YOU ARE WELL-VERSED IN THE INTRICACIES OF THE LAW. It’s not enough to thoroughly research the details of your own case. The law can overlap in complicated areas that can be impossible to plan for. Unless you’ve spent years studying the law and have real- world experience practicing law, it’s easy to be blindsided in a case. 2. YOU CAN BE OBJECTIVE ABOUT YOUR PERSONAL SITUATION. In order to create a successful strategy, you need to view a case from every angle. This means you need to be able to look at a case through the same light as the judge, jury, and prosecution. When your future is in jeopardy, could you avoid bias in every fact and statement? The need to be objective is why even few veteran attorneys would ever consider representing themselves in a case.

3. YOU HAVE YEARS OF EXPERIENCE IN CROSS-EXAMINATION. It’s one thing to be great at debating your friends at the bar — cross- examining a witness is another skill altogether. Witnesses often don’t want to give you a straight answer or disclose important details. Part of being a criminal defense lawyer is learning how to create a strategy to get the answers you need.

4. YOU CAN RECOGNIZE WHEN THERE ARE GROUNDS TO DISMISS A CASE.

Was there inappropriate evidence involved in your case? Poor police practice? A lack of probable cause? These are just a few of the unique circumstances that are grounds to dismiss your case and allow you to walk away from your criminal charges scot-free. Would you be able to recognize a golden opportunity if it were presented? In case it’s not clear by now, defending yourself in criminal court is a very bad idea . There’s a reason lawyers undergo seven years of additional education after high school to receive their law degree and prepare for the bar exam. Even after passing the bar, it takes years of practice in a courtroom to learn the skills necessary to become an effective criminal defense attorney.

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Law Office of Elliott Kanter APC | www.enkanter.com

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HURT BY KAISER?

Kaiser Permanente does great things for our community, providing affordable health care to millions of Californians. However, many of the people who rely on Kaiser to keep them healthy are unaware of a key part of the contract they signed. If you are a Kaiser member who has been harmed by the negligent actions of their health care professional(s), you cannot sue them for medical malpractice in civil court. Within the lengthy packet of legal documents that one has to sign to receive health care from Kaiser Permanente is an agreement stating that you effectively give up your right to file a medical malpractice suit against any Kaiser doctor, hospital, medical facility, or staff. If you signed the documents, that agreement is binding whether you took the time to read it or not. Normally, malpractice suits provide an avenue for victims of a medical provider’s negligence to be reimbursed for the harm they’ve endured. When doctors are inattentive or hospitals cut corners to save money, the results can be disastrous, causing patients preventable pain and suffering that can impact them for the rest of their lives. Without this avenue to hold Kaiser Permanente providers accountable in the event of negligence, many feel like powerless victims. However, there is a path to remedy: arbitration. Instead of going to court, Kaiser utilizes an arbitration system. This independent court uses special judges, called arbitrators, who are approved by the Kaiser Family Foundation. Needless to say, as a plaintiff, you face an uphill battle in these cases, highlighting the need to have an expert trial lawyer at your side. Mr. Elliott N. Kanter has 30-plus years of experience as an attorney. Please fill out the confidential form on our website or call our office today at (619) 231-1883 for a free consultation. THE FINE PRINT WHAT THIS MEANS THE KAISER MEDICAL MALPRACTICE ARBITRATION SYSTEM

EVERYTHING POPCORN

Inspired by Food & Wine magazine

Everything is the best bagel flavor. This is not a matter of debate. Sprinkle the seasoning on popcorn for a delicious snack that will have people asking, “What does this remind me of?”

INGREDIENTS

• • • •

3/4 cup popcorn kernels

• • • •

2 teaspoons granulated garlic 2 teaspoons granulated onion

2 tablespoons flaky sea salt

1 teaspoon black sesame seeds 2 teaspoons white sesame seeds

1/3 cup canola oil

4 tablespoons unsalted butter, melted

DIRECTIONS

1. In a small skillet over medium heat, toast sesame seeds. Shake skillet often and cook until white seeds are golden and fragrant, about 2 minutes. Transfer to a small bowl and add garlic, onion, and salt. 2. In a large saucepan, combine popcorn kernels and oil. Cook over medium-high heat, covered, until popcorn kernels start to pop. Once popping, continue cooking and shaking the pan intermittently until popping ceases, about 3–5 minutes. 3. Transfer popcorn to a large mixing bowl. Pour in butter and toss to coat. Finally, add seasoning, toss again, and serve.

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Law Office of Elliott Kanter APC | (619) 231-1883

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Law Office of Elliott Kanter APC 2445 Fifth Ave #350 San Diego, CA 92101 (619) 231-1883

INSIDE THIS ISSUE

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SPRING TRAINING (FOR LAWYERS)

DON’T LET THE RAIN DAMPEN YOUR SPIRITS

COULD YOU SUCCESSFULLY REPRESENT YOURSELF?

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EVERYTHING POPCORN

WHAT EVERY KAISER MEMBER NEEDS TO KNOW

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ARE YOU GETTING THE MOST OUT OF YOUR DIGITAL HOME ASSISTANT?

connected home efficient. And let’s be honest: Many of us aren’t going to buy a connected fridge or Wi-Fi enabled lightbulbs just to get the most out of our digital assistants. What you can do, however, is make use of what you already have. Here are some ways to put your digital assistants to work without committing to a connected home. Both the Echo and the Home make excellent communication hubs. In the home, they can be used as a local intercom system. Do you have a few Echo Dots or Google Home Minis? If you do, you’re set. You can communicate in any room where another device is present. Your digital assistant can also make outgoing calls. As long as the device has access to your contacts (or the person you’re trying to contact has an Echo or Home), you can easily make the connection. Want to send a text message? No problem! You can dictate a text to anyone in your smartphone’s contact list and send it without ever touching your phone. Aside from communications, the assistants can handle calendars, appointments, emails, and more. You can ask for information relevant to you, like “When is my flight again?” Google

GET THE MOST OUT OF YOUR DIGITAL HOME ASSISTANT

More and more people are welcoming in the Amazon Echo or the Google Home into their spaces. Everyone knows they make great Bluetooth speakers and can tell you the weather forecast, but they’re also capable of so much more. Digital assistants can do a variety of tasks depending on how much you want them to do for you. For example, if you want your digital assistant to be heavily involved in your daily life, you can use the Echo or the Home as the core of your “connected home.” You can connect numerous compatible devices to these assistants, including other Bluetooth or networked speakers, lights, thermostats, coffee makers, refrigerators, and even microwaves.

Home can recognize your voice, or the voice of anyone in the house, and respond accordingly. There’s no worry that anyone’s calendar or appointments will be mixed up with yours. If you want to learn more, search for tutorials online. We’ve only scratched the surface when it comes to what these digital assistants can do for you.

Of course, therein lies the challenge — you must have compatible devices to make a

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Law Office of Elliott Kanter APC | www.enkanter.com

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