Double Aught Injury Lawyers - January 2022

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January 2022

LESSONS LEARNED FROM Y2K AND THE PANIC OF 2012 Don’t Worry in 2022

About 22 years ago this month, we were all scratching our heads, wondering if all the panic we experienced leading up to the new millennium was necessary. It’s hard to believe it’s been more than two decades since Y2K. If you were alive and remember Y2K, then you won’t forget the mass hysteria surrounding the start of the new century. For months leading up to Dec. 31, computer experts were warning everyone that since computer programs identified the year by two digits rather than all four, we could face a grave outcome. Experts worried that if computers couldn’t make the leap from ‘99 to ‘00, everything from personal data to airline tickets would be a mess. I remember the lead up to Y2K well. Double Aught Injury Lawyers was still a young firm, having begun in 1994, and we wanted to protect ourselves from any mass outages, like the experts had been predicting. We upgraded to all sorts of software and protection programs, knowing that it was far better to be safe than to be sorry if we hadn’t done so.

As 2000 approached, we were ready, and then … nothing happened. (Or very little happened, I should say.)

people recalled the similar feeling we all had just 12 years earlier on Jan. 1, 2000.

With the exception of a few minor problems, all of the world’s computers and software programs transitioned over seamlessly. Some people credit this to the work that was done on the front end by business leaders and other global partners. In total, Gartner estimates anywhere from $300 billion to $600 billion was spent in preparation for Y2K. That’s a lot of money spent on something that didn’t impact life too much once it happened. It’s hard not to look back at that time and shake our heads. Now that we know so much more about programming and software, we have a better understanding of how time and technology work together. But this isn’t the first time humans believed in mass panic and hysteria, and it wasn’t the last time it happened with the start of a new year, too! In 2012, there was mass panic that the world would end that year due to the ancient Mayan calendar stopping on Dec. 21, 2012. I thought it was all a myth, and scientific organizations and other experts, like NASA, worked diligently to dispel the rumors. Luckily, as predicted, the world kept turning on Dec. 22, 2012, and many

As we approach this new year, I can’t help but think these moments — and the other times in history when people thought the world would end — serve as a powerful lesson. Worrying and panicking only do more harm than good. It’s valuable to prepare and make wise choices; I don’t regret updating our computer software in preparation for Y2K. If something had happened to the world’s computers, I wanted ours to be safe! But constant worrying and fear are far more detrimental than what could actually happen. This is a valuable reminder for clients who may worry about the outcome of their case, how they will pay their bills, and other fears that come with an injury. As we always tell them, their job is to heal; our job is to take care of everything else. I hope you’ll remember the lessons of Y2K, 2012, and other moments of mass panic in history and that worrying won’t serve you. What does help is being prepared and having a little faith.

–Bryan Ramey

Happy New Year!

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How Much Are Your Favorite Pants Worth? One Man Estimated His at $54 Million

Everyone knows that the perfect pair of pants can be hard to come by, but are they worth $54 million? Administrative Judge Roy L. Pearson had a favorite pair of pants, but in 2007, he claimed that Custom Cleaners lost them and returned a completely different pair instead. It all began when Pearson took his pants to the Washington, D.C., dry cleaners for alterations worth $10.50. The pants were sent in error to the incorrect dry cleaner, so Pearson’s pickup was delayed by several

though, was the company’s failure to live up to their “Satisfaction Guaranteed” and “Same Day Service” signs in the window.

The media had a field day, joking about the case as a “pantsuit” and inspiring a “Law & Order” episode called “Bottomless.” Pearson seemed to relish the spectacle, calling his lawsuit “an awesome responsibility” in court and breaking down into tears on the stand. He also called a witness who compared the Chungs to Nazis. Even though the Chungs offered him a $12,000 settlement to make the case go away, Pearson persevered. He ultimately lost his case. At the end of the trial, the judge declared that no reasonable person would consider the signs at Custom Cleaners to be an unconditional promise — and also that Pearson had failed to prove the returned pants weren’t his. The Chungs ultimately recovered their court costs via a fundraiser, and Pearson lost his judicial appointment. Unsurprisingly, this prompted another lawsuit, which he also lost. In 2020, Pearson was suspended from practicing law for 90 days as a result of his actions in Pearson v. Chung . But for bringing new meaning to the phase “I’ll sue the pants off of you,” his place in legal history is secure.

days. Once the pants were returned, despite bearing all the correct tags and matching his receipt, Pearson declared that the pants were not his. When the dry cleaner refused his demand for $1,000 compensation, he decided it was time for legal action. Pearson originally sued the cleaner’s owners, Soo Chung, Jin Nam Chung, and Ki Y. Chung, for a whopping $67 million in damages but later reduced the claim to a far more reasonable $54 million. In his suit, Pearson requested $3 million for mental distress, $90,000 for a rental car to visit another dry cleaner, and $500,000 in attorney’s fees (Pearson represented himself). At the heart of his claim,

The Truth Behind the 99.6% Conviction Rate Understand the Fifth Amendment — And Use It

If you’re ever at the wrong place at the wrong time, you’d want to know you had a chance to prove your innocence. But proving innocence is complicated, too. THE FIFTH AMENDMENT: AN INNOCENT (AND GUILTY) PERSON’S BEST FRIEND Over the past few decades, the Fifth Amendment — or the accused’s right to stay silent and never testify against themselves — has been slightly politicized by politicians and even judges speaking against it. However, as a constitutional right borne from an era of war and political misjudgment, it exists for a good reason. The truth is simple: Most people don’t understand that speaking to a law enforcement officer will usually result in their being accused of a crime, regardless of their innocence. Even if you tell the truth, the most well-intentioned police officer can still easily construe your words to point toward your guilt. Whether you’re guilty or innocent, you deserve fair treatment. To ensure the best results in your case, always direct police officers to your attorney. This puts a heavier burden on the government to make a case against you. This year, take on another resolution to never feel guilty for using your Fifth Amendment right! It’s one of the best things you can do as an American citizen. Not every country allows it!

It’s the job of the criminal defense legal system to ensure that those accused of crimes get fair treatment — so it may or may not shock you to learn that 99.6% of federal criminal cases have convictions, as of 2019. An important factor to remember is that a great majority of cases are handled or dismissed in lower courts.

But what happens if you’re innocent and your case gets to the federal level? Should a 99.6% conviction rate worry you? Perhaps.

WHY CONVICTION RATES MATTER A high conviction rate might seem like a source of comfort to an ordinary person. That means criminals are being put away for what they’ve done, right? Not always. Innocent people can be convicted, and it happens more often than you think. According to the Innocence Project, about 4% of federal convictions imprison innocent people. In state prisons, the percentage varies widely from 1%–10%.

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TAKE A BREAK

HOW TO KEEP NEW YEAR’S RESOLUTIONS For Real, This Time

New Year’s Eve has come and gone, and now that the champagne is finished and the decorations are put away, it’s time to buckle down and work on those New Year’s resolutions. The only problem is ... your resolutions for this year and last year are the same. Change is tough, so you’re not alone in being unable to stick to your resolutions. This year can be different, if you want it to be. Here are some tips to keep you on track. HAVE A SPECIFIC GOAL. Many resolutions are vague — along the lines of “exercise more” or “eat healthier.” That’s too ambiguous to inspire motivation, and vagueness leaves room for excuses. Make your goal more concrete, so you can measure your success. Specific goals could include going to the gym three times a week, being able to bench a certain number of pounds, or only indulging in fast food once a month. Make your goal realistic — if it’s too drastic or difficult, it’s easier to give up. HAVE A PLAN. Bad habits are hard to break, so change won’t come about naturally. It’s important to consider how you’ll structure your day around your resolution and what obstacles you might face. When will you go to the gym, and what will you do if that time gets interrupted? How will you plan meals to avoid spontaneous drive-thru visits? Write down what you want to accomplish and all the things that might stand in your way. Then, figure out how you’ll deal with them before they happen. START SMALL. On Jan. 1, you’re probably enthusiastic about your resolution and ready to hit the ground running. Not so fast — doing too much too soon is a classic mistake. It’s okay to be excited, but working out until you’re sore all over or constantly eating salads you hate will turn your resolution into a chore that you’ll want to avoid. Start with light workouts or replacing some of your carbs with veggies. Once you get the hang of that, you’ll be ready to scale up slowly. Using these guidelines, you’ll make lasting changes that extend beyond February. Get 2022 started off on the right foot, and next year you’ll be ready to make a whole new resolution — and keep it.

DEEP-FRIED NEW YEAR’S ‘COOKIES’

What do you get when you mix a cookie and a doughnut? A portzelky! This traditional Mennonite “New Year’s cookie” is perfect for sharing.

Ingredients

• 2 tbsp yeast • 1/2 cup water, warmed • 1/2 cup and 1 tsp sugar, divided • 5 eggs, beaten • 1/4 cup butter, softened

• 2 1/2 cups milk, warmed • 1 1/2 tsp salt • 4 cups raisins • 7 cups flour • 4 cups canola oil

Directions

1. In a large bowl, combine yeast, water, and 1 tsp sugar. Wait 10 minutes. 2. Stir in remaining sugar, eggs, butter, milk, and salt. 3. Fold in the raisins and flour. Cover the bowl with plastic wrap. Let the dough rise for an hour. 4. In a high-sided pot or deep fryer, heat canola oil to 340 F. Line a plate with paper towels. 5. Drop a rounded tablespoon of dough into the oil. Fry until golden brown, then set aside on the plate. Poke the cookie with a toothpick. If the toothpick comes out clean, it’s cooked through! 6. Repeat until the batter is gone.

Inspired by MennoniteGirlsCanCook.ca

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33 Market Point Drive Greenville, SC 29607 INSIDE THIS ISSUE

Stop Worrying in 2022

1

The Case of the $54 Million Pants Why the Fifth Amendment Is So Important

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Deep-Fried New Year’s ‘Cookies’ Stick to Your Resolutions — For Real, This Time

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The Lost Art of the Thank-You Note

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Bringing Back a Lost Art Your Guide to Writing a Thank-You Note

USE PAPER. It may seem old-fashioned, but that’s exactly what makes it special. In fact, the Ask Your Target Market survey found that 72% of respondents thought handwritten notes were more meaningful than electronic ones. Even if your handwriting is messy, your recipients will appreciate the personal touch. Exceptions apply for thank-you notes sent after job interviews — due to time sensitivity, these are best sent via email. BE SPECIFIC. Especially when you’ve got a large stack to get through, it’s pretty tempting to write the same note over and over again, changing only the salutation. Don’t give in! While it’s fine to have a template, recipients will recognize when the note you sent them is generic. Be sure to mention exactly what you’re thankful for (not just “the gift”) or how you plan to use the gift. Now, you’re ready to let people know how much you appreciate them in a way that’s both simple and classic. Your family, friends, and colleagues will be impressed, and who knows, you just might start a trend.

A 2019 survey by Ask Your Target Market showed 80% of respondents appreciate receiving thank-you notes — but only 22% of respondents report regularly sending them. That’s a pretty big discrepancy. During the holiday season, you probably received several gifts and may have been hosted at a family member’s house, so now is the perfect time to revive the dying art of the thank-you note. If it’s been a while since you last wrote one, fear not. Here’s everything you need to know to get started. KNOW WHEN A NOTE IS NEEDED. You should strongly consider sending a thank-you note any time you receive a gift, but they are particularly expected after big events like weddings or showers. It’s also good form to send a note whenever someone has done you a big favor or hosted you at their house. Professionally, thank-you notes should always be sent after job interviews. Notes should be sent as soon as possible, ideally within one month of the gift or event.

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