Take a look at our January newsletter!
For The Ambitious Advocate BRIEF RECESS
JANUARY 2023
FROM THE LAW OFFICES OF J. PRICE MCNAMARA
WE HAVE A NEW YEAR’S CHALLENGE FOR YOU: JOIN A COMMUNITY TO HELP YOU DO WHAT YOU LOVE
Our Bar Associations lament staggering job dissatisfaction, burnout, addiction, suicide, and the need for mental health and balance in the legal profession. Well, they’re clueless about a world of help out there that’s much better than the recommended counseling, meditation, and yoga. Those are all great, and so are typical resolutions like exercise and diet.
The broad focus of the seminar was creating a law firm that energizes you and serves the life you want to lead for yourself and your family while doing the same for your team who work with you to make it happen. But the most important message was that before you can effectively begin the journey, you must first know and define what perfect looks like for you — at home and at work.
How many hours a week do you want to work two years from now? What about five or 10 years out? How do you want to spend your “off” time?
But what if you could keep doing the things you love in your practice and stop doing what you don’t?
What about your work energizes you? What depletes you? Work becomes play if you identify what you love at work and delegate all else.
“The master in the art of living makes little distinction between his work and his play, his labor, and his leisure, his mind and his body, his information and his recreation, his love and his religion. He hardly knows which is which. He simply pursues his vision of excellence at whatever he [loves doing] , leaving others to decide whether he is working or playing. To him, he’s always doing both.” –James A. Michener (bracketed words/emphasis mine) This quote echoes the theme of an outstanding two-day law firm management seminar I recently attended in Nashville. The speakers and attendees included law firm owners from around the country, young and old, in various consumer-facing practice areas. Firms practicing personal injury, Social Security, family law, estate planning, bankruptcy, and criminal law were there. Both small and large firms were present — some with over 100 people — but they were all happy, energized attorneys who loved their families, lives, teams, and work. It was great to meet and learn from some of the knowledgeable law firm owners and industry leaders who had already faced and overcame the same challenges that other attorneys were currently facing, and they freely shared their wisdom. Topics included steady client acquisition, management, hiring, office culture, defining job roles, intake, client experience, computer software, and virtual assistants.
Only by identifying what you want, both off work and at work, can you begin the planning, role-defining, hiring, and client acquisition efforts to move in the direction that will get you there. Most importantly, since these values, priorities, and goals impact you, your staff, and your family, they must be communicated and reflected in your workplace. Of course, they don’t teach you any of this stuff in law school. But they should. I wish I had invested the time to attend these programs when I was younger. I didn’t know they existed, but I’m sharing what I’ve learned with my son and son-in-law as they start their legal journeys. Sure, there’s much more detail to mastering this balance, but there are communities out there to guide you and hold you accountable. Believe me, they’ve made the next step you’re trying to take to blur the distinction between work and play. Utilize their guidance, and you’ll find yourself doing what you love!
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Does your office turn away calls about “long-term disability insurance” claim denials because you don’t handle administrative appeals or “ERISA litigation” in federal court? We want to hear from you! We happily share fees on referred ERISA long-term disability, life insurance, and accidental death insurance denial cases. Send us an email at briefrecess@jpricemcnamara.com or call 225-201-8311 to start the referral process! WE VALUE YOUR REFERRALS! If you don’t know about them, they’re two gently sloping grassy mounds that sit nestled side by side on LSU’s campus along Dalrymple Drive. At one point, they were a common site for college kids or visitors to hang out, and it wasn’t uncommon to see people sliding down the sides of the mounds, either. They’re known as the oldest manmade structure in North America. That’s also why, despite how they appear, they’re called mounds, not hills, because mounds are structures created by man. We learned that these mounds were manmade when Dr. Brooks Ellwood took a sediment sample of the second mound’s (Mound A) core. He and his colleagues found a layer of ash inside the mound, made from burning reed, cane plants, and mammal bones. After radiocarbon dating the materials inside the mounds, it became clear they were likely used as a place for ceremonies or cremation and built up over thousands of years. LSU Campus Mounds HOW INDIGENOUS PEOPLE SAW THE STARS If you’re an LSU alum, LSU fan, or just plain live in Louisiana, you’re probably familiar with the LSU Campus Mounds — or Indian Mounds.
Even If You Have to Trick Yourself Into Doing So Drink More Water!
For many, maintaining proper hydration is difficult — after all, water is essentially tasteless. According to Mayo Clinic, women should be ingesting 11.5 cups of water each day, and men should have 15.5 cups daily. This amount can be tough to swallow, but water is essential for your health, skin, and bodily functions. Here are some tips to up your water game: Invest in a ‘fluid buddy.’ Believe it or not, purchasing a thermos or reusable water bottle and taking it everywhere is a great way to increase your water intake. With a constant reminder to drink H2O in your cupholder, purse, or on your desk, taking a sip here and there will never slip your mind. Consume foods rich in H 2 O. Did you know that most fruits and vegetables are rich in water? Watermelon is 91% water, celery is 95% water, zucchini is 95% water, and honeydew and cantaloupe are both 90% water. Not only are these fruits refreshing, but they pack a punch when it comes to hydration! Don’t forget the straw. Straws help you consume more fluid in a shorter amount of time. Whether at home or a restaurant, sipping water through a straw can help you take in more without realizing it. Build a routine. For many, drinking water just slips their minds. By building a routine, you’ll be on your way to meeting your daily hydration needs without thinking twice. For example, you can get in the habit of drinking one large glass of water before bed and another upon waking. A large glass of water before each meal is also beneficial. Flavor your water. Whether you use citrus, mint leaves, cucumbers, or other flavor enhancers, giving your water a hint of a favorable taste will help you drink more without feeling like a chore. Whether consuming water is difficult because you are busy, forget to drink, get bored by the flavorless taste, or dislike the taste, with these tips, you are sure to be on your way to maintaining hydration.
ERISA is all we do!
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SO WE PROVIDED EVIDENCE TO EXPOSE THEIR MERITLESS LEGAL GAMESMANSHIP CIGNA Refused to Pay Benefits in a Tragic Bathtub Drowning
Eleven thousand years ago, the indigenous people first started constructing the southern mound (Mound B) by taking dirt from behind LSU’s Hill Memorial Library and building the structure to about half its current height. Then, around 8,200 years ago, they abandoned the mound for 1,000 years before they started constructing Mound A. “We don’t know why they abandoned the mounds around 8,200 years ago, but we do know their environment changed suddenly and dramatically,” Ellwood said. The people there made Mound A by taking mud from the floodplain near the entrance to LSU’s Tiger Stadium and using that mud; they created Mound A layer by layer until it, too, sat at about half its current height. Ellwood and his colleagues believe the indigenous people then completely cleared Mound B to rebuild it to its current and complete height before going back to finish Mound A.
One of our clients was the beneficiary of an accidental death insurance policy underwritten by CIGNA, insuring the life of their beloved 40-year- old daughter. She was their pride and joy, a wonderful soul, and a gift to the many she touched, and she had an exceptionally successful career. She was at a casino resort while on a getaway with her fiancé and some friends when she announced she was tired and went to her room. When her fiancé returned to their room later, he was shocked to find water flowing out from under the door into the hall, and his fiancé drowned in the bathtub. The policy was governed by ERISA and had been issued as part of her employment benefits plan. CIGNA refused to pay the beneficiary, citing policy exclusions for deaths “caused by voluntary ingestion of any narcotic or drug unless prescribed and taken as prescribed.” Her post-mortem blood tested positive for alcohol, Ambien (a powerful sleep medication prescribed for insomnia), Lexapro (an anxiety and depression medication), and Phentermine (prescription amphetamine). The Ambien and Lexapro were prescribed by her physician and found by CIGNA’s toxicology expert to be only at “therapeutic,” or as prescribed, dosage levels when she drowned. According to the same toxicologist, the amphetamine, while not prescribed by her physician, would only have countered any drowsiness effects of the combined alcohol and prescribed drugs. CIGNA argued that an informational insert is received with an Ambien prescription and advises against taking it with alcohol; thus, the medications were not “taken as prescribed.” However, CIGNA’s toxicologist admitted that, while inserts are usually given to patients, he had no idea if it was in our case. The administrative record contained no evidence that she actually received the insert or that her physician (or any other source) communicated that she should abstain from alcohol. We argued that the exclusion, at best, was ambiguous as to what “as prescribed” means. Is it dosage only? Or what the prescribing physician communicates to the patient? Does it cover everything on a manufacturer’s insert, especially with no evidence of it being communicated to the patient? Faced with the burden of proof of its exclusion, CIGNA finally paid. Which it should have done in the beginning before going the route of meritless legal gamesmanship to withhold what little monetary consolation a daughter meant to bestow upon her parents in the event of her demise.
Ellwood has some insight if you’re wondering why exactly people would take so much time (over 5,000 years, to be exact!) to build these mounds.
“The people who constructed the mounds … coordinated the structures’ orientation to align with [the red giant star] Arcturus, seen in the night sky at that time,” Ellwood said.
Needless to say, no one today is allowed to slide down or hang out on a historical, archaeological site that predates the pyramids!
Air Fryer Roasted Salmon With Sautéed Balsamic Spinach
Inspired by TasteOfHome.com
Ingredients • 3 tsp olive oil, divided • 4 salmon fillets (6 oz each) • 1 1/2 tsp reduced-sodium seafood seasoning • 1/4 tsp pepper • 1 garlic clove, sliced
• Dash of crushed red pepper flakes • 10 cups fresh baby spinach (about 10 oz) • 6 small tomatoes, cut into 1/2-inch pieces • 1/2 cup balsamic vinegar
Directions 1. Preheat air fryer to 450 F. Rub 1 tsp oil over both sides of salmon, then sprinkle with seafood seasoning and pepper. In a greased air fryer basket, place salmon. 2. Cook about 10–12 minutes until fish flakes easily. 3. In a 6-qt stockpot, place remaining oil, garlic, and pepper flakes. Heat over medium-low heat for 3-4 minutes. Increase heat to medium-high. Add spinach and cook until wilted. Stir in tomatoes; heat through. 4. In a small saucepan, bring vinegar to a boil. Cook until vinegar is reduced by half, then remove from heat. 5. Arrange spinach on serving dish. Place salmon over spinach mixture and drizzle with balsamic glaze.
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PRST STD US POSTAGE PAID BOISE, ID PERMIT 411
ERISA INSURANCE J. PRICE MCNAMARA Claim Attorney
10455 Jefferson Hwy. Suite 130 Baton Rouge, LA 70809 (225) 201-8311 WinMyBenefits.com
INSIDE THIS ISSUE
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How to Make Your Work Feel Like Play
Tips for Maintaining Hydration
The LSU Campus Mounds Are How Old!?
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Air Fryer Roasted Salmon With Sautéed Balsamic Spinach How We Exposed CIGNA’s Deception to Find a Family Peace
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The Furry Saviors of Bangladesh
How Bangladeshis Use Otters to Harness Their Catch THE FURRY FRIENDS OF THE FISHING INDUSTRY If you wander down a riverbank in southwest Bangladesh, you might happen upon a squealing, squeaking crate of river otters. The
According to the publication Roads & Kingdoms, Bangladeshi fishers can catch more than 20 pounds of fish per excursion thanks to their otter helpers. Locals breed otters specifically for this purpose, raising them just like Westerners raise dogs and cats. This otter-human partnership is an important part of Bangladeshi culture. The fish the otters bring in sustain their owners through lean times and help them survive periods of famine. However, according to the BBC, the tradition is slowly fading away. Rivers in the region are drying up, pollution is surging, native fish are disappearing, and families are getting out of the otter business. One third-generation fisherman told Roads & Kingdoms that as of 2015, only 12 families in Gopra Village, where he lives, continue to fish with otters. That’s a tiny fraction of the 100 families that fished when his father ran their family business. However, he told the reporter he “will continue to work with otters as long as there are fish to catch.” To learn more about this fascinating human-animal partnership and see a video of the otters in action, head to YouTube and search “Bangladesh otter fishing.”
otters aren’t in danger. In fact, they’re the pampered helpers of the region’s fishermen and women, who’ve trained them to herd fish. Yes, that’s right — just as we use herding dogs to corral sheep and cows into pens, people who fish in Bangladesh use otters to drive fish, crabs, and prawns into their nets. The practice dates back hundreds of years — and it’s impressive to watch.
First, in the dead of night, the Bangladeshi anglers load crates of otters onto their boats and head out to fish. Each otter wears a small rope harness and leash attached to a wooden pole. As soon as the boat reaches the fishing area, the fishermen release the otters. They dive into the water and paddle furiously after schools of fish, encouraging them to swim into their owners’ nets.
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