Yeargan & Kert - July 2021

THE DEFENSE REPORT

JULY 2021

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AND SAVVY TIPS TO PICK UP ALONG THE WAY GOOD LISTENER, GOOD LAWYER

Think about your last argument with a compassionate person (so, probably not over Twitter). When someone genuinely attempts to understand your point of view, how high does their chance of connecting with you — or even persuading you — go up? Probably much higher than it was before they took the time to listen. The ability to listen well is an increasingly rare skill for us to focus on. We get so much information on a daily basis through social media and news — why expend the extra energy to listen more? My answer is simple: The opportunity to listen is irreplaceable in a very literal sense. Once you miss the opportunity to listen to someone, that opportunity is gone. You may not get it back. As an attorney, I’ve experienced this on a personal and professional level. Listening to clients is exceedingly important to understanding their needs and how to approach their case. Luckily, we can improve our own active listening in many ways. With World Listening Day on July 18, let’s talk about five key active listening strategies that have helped me out both personally and professionally. NO. 1: ENGAGE WHILE LISTENING — CARE ENOUGH TO BUILD RAPPORT. It’s tough to build trust with someone when you react like a stone wall. If you’re naturally more subdued in your expressions, you don’t need to go out of your way to create dramatic reactions to prove you’re listening. Find a way that’s comfortable for you to give small vocal affirmations or gestures to show you’re right there with them. It’s also much more inviting and trust-affirming if you ask people helpful questions about the subject you’re listening to. Whether “helpful” means helping you better understand the subject matter or helping the other person talk through their problems, that’s up to you.

As an attorney, these are both ways that help clients feel more at ease in my office and create more meaningful, professional relationships with clients. NO. 2: DON’T MIND THE SILENCE. Don’t be alarmed by periods of silence. As a listener, try to understand that it’s only natural for someone to pause in the middle of their story or end a story prematurely because they’re afraid of being uninteresting. Also, if you ask a question that receives an evasive answer, silence can help you pause and reflect on the answer before responding or give the other person an opportunity to expand. Remember: Interrupting can make you lose valuable time familiarizing yourself with someone else. This mindset has helped me numerous times while listening to clients’ stories. NO. 3: VALIDATE FEELINGS AND OFFER AFFIRMATION WHEN APPROPRIATE. The secret to being a great listener is understanding that whether you agree or disagree with someone’s feelings can be irrelevant to listening

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3 BUSINESS TRICKS THAT WILL IMPROVE YOUR PERSONAL LIFE When you’re constantly in the “zone” at work, you’re not always thinking about what’s best for your personal life. While many business owners prioritize balance, what will truly benefit both your home and work life? Check out these three tricks. 1: START YOUR DAY WITH A PLAN. We know what you’re thinking: Writing out your plan is more work than just doing it. The key is to plan whenever you can. If you jot down things you want to accomplish the following day as they come up, all you’ll need to do is spend a few minutes organizing your list the next morning.

Whether your reminder is an alarm at the same time every day or even another habit (“I’ll exercise before I take my morning shower”), make sure it’s part of any new process you implement.

3: REMEMBER, WORK IS FLEXIBLE — YOUR PERSONAL LIFE ISN’T. Bryan G. Dyson, CEO of The Coca-Cola Company, once told his staff, “Imagine life as a game in which you are juggling some five balls in the air. You name them — work, family, health, friends, and spirit — and you are keeping all of these in the air.” In his metaphor, work is a rubber ball. “If you drop it, it will bounce back. But the other four balls are made of glass. If you drop one of these, they will be irrevocably scuffed, marked, nicked, damaged, or even shattered. They will never be the same.”

Pro Tip: Remember to include time to unwind and relax!

2: DEVELOP NEW AND IMPROVED PROCESSES. While certain activities can’t be replaced with shortcuts (like spending time with family), consider ways to make your current processes more efficient and beneficial. For example, you can’t lose weight if you don’t change your diet and exercise. Adjusting your habits might seem difficult, but there’s actually a straightforward method. According to “Atomic Habits” by James Clear, every new habit has a simple formula behind it: motivation, ability, and prompt.

We hope these tips help you protect the “glass balls” in your life!

First-Time DUI Offender in Atlanta?

But there are other possible consequences, such as 40 hours of community service at a nonprofit organization (this is a mandatory consequence), completion of a DUI Alcohol or Drug Use Risk Reduction course, and 12 months of probation. If the accused is younger than 21 years old, the consequences are slightly different, and they exclude spending time in jail. Another important thing that should be mentioned here is the fact that most courts will add additional conditions to your sentence. For example, you could be required to attend a Mothers Against Drunk Driving (MADD) Victim Impact Panel or some of many Alcoholics Anonymous meetings. The important thing is to show up at the hearing. If you avoid the hearing, there is a chance the court will suspend your driver’s license for 12 months. Keep in mind that, in

Georgia, two types of DUI consequences also lead to two different court hearings, including an administrative license hearing or a criminal proceeding. The criminal proceeding can bring even stricter consequences, such as time in jail, community service, additional license suspension, forced alcohol or drug treatment, and different financial fines. For all the people who experience the arrest in this area for the first time, the best advice is to get an experienced Georgia DUI lawyer who can solve the situation in just 30 days. The lawyer may cost you more than $150, but the right lawyer will save your driver’s license. Keep in mind that these consequences are for the first-time DUI. The penalties for the second conviction are much, much stricter. Stay safe out there!

After your first DUI in Atlanta, Georgia, your consequences may not be too harsh, but they can have a huge negative impact on your everyday activities, future employment opportunities, or conveniences provided by the state. With your first DUI, the maximum penalties the accused person can get are a fine of $1,000 and up to 12 months in jail. The minimum consequences the accused person can get are 24 hours in jail and a $300 fine.

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LAUGH IT OFF

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and understanding their feelings. In life, you’ll find yourself in positions where you’re listening to someone you don’t fully agree with — but a great way to navigate that is to validate their feelings and offer affirmations anyway. Validating someone’s feelings can be as simple as saying, “Wow, that sounds difficult,” and offering affirmation could be as easy as saying, “Thanks for sharing that with me.” It’ll go a long way to make your conversation impactful. NO. 4: CLARIFY BY PARAPHRASING OCCASIONALLY. You can draw out even the quiet people by asking open-ended questions about things they’ve already said. People can be initially scared of doing this out of fear of misquoting or saying the wrong thing. However, that’s at least partially the point of this social exercise! Repeating words or paraphrasing their ideas will help encourage people to clarify or expand and come out of their shell at their own pace.

MEXICAN CORN SALAD

NO. 5: MAINTAIN INTEREST BY REMOVING DISTRACTIONS.

If you’re beating the latest level of Candy Crush on your phone while chatting up someone, you might quickly realize how easy it is to miss all the important details. Maybe you’re working from home, and you like to start cooking during a specific, regular conference call — people will notice when you’re mentally absent. My tip: Always take the time to put away your technology when you’re listening to someone (especially in person). Nowadays, it means a lot if you’re able to ignore your phone during a face- to-face interaction. If you’ve always found yourself struggling to listen to people, don’t feel too badly — research shows that those with a higher IQ often struggle to listen, just out of boredom. You just need to find a way to “reset” your own brain when you’re tempted to block everything else out. Don’t allow your brain to be put under the whims of anyone else but you. Whether you’re an attorney or not, active listening can transform your life. The people you’re able to start a conversation with will broaden, and your world will become a little bit bigger and freer. Being a better listener will not only make you a better communicator overall, but it will also help you speak more eloquently and concisely.

INGREDIENTS • 4 cups of fresh corn, cut from 5 cobs • 1 tbsp olive oil • 1/2 red bell pepper, chopped • 1/2 red onion, diced • 6 green onions, chopped • 1 jalapeno, diced • 1/2 avocado, cubed • 1/4 cup fresh-squeezed lime juice

• 1/2 tsp ground cumin • 1/2 tsp smoked paprika • Salt and pepper, to taste • 2 tbsp sour cream • 2 tbsp mayonnaise • 1/2 cup fresh cilantro, chopped • 1/2 cup cotija or feta cheese, crumbled

Thanks for joining us this month, and I hope you have a fabulous Fourth of July and World Listening Day.

DIRECTIONS 1. In a cast-iron skillet over medium-high heat, add oil and corn. Cook, stirring occasionally, for 3–5 minutes or until corn starts to char. 2. Add the corn to a large bowl and let cool for 5 minutes, then add the remaining ingredients and stir together until well combined. Taste and adjust seasoning. 3. The salad pairs well with grilled entrees and can be refrigerated in an airtight container for up to 4 days.

–Jim Yeargan

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Yeargan & Kert, LLC 3715 Northside Parkway Building 100 Suite 500 Atlanta, GA 30327 404-467-1747 AtlantaDUILawyer.com

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INSIDE

Why Good Lawyers Are Good Listeners

Make Your Work-Life Balance Easy

What’s the Worst Sentence for a First- Time DUI Offender?

Mexican Corn Salad

The Smartphone Dilemma

THE SMARTPHONE DILEMMA

DO YOU NEED A NEW PHONE WHEN THE UPDATES STOP?

Most smartphones are only supported by the manufacturer for a set period of time, and once that time is up, support will be unavailable for that phone. Support includes everything from operating system updates to security flaw patches. Although it varies greatly between manufacturers and even service providers, updates usually roll out every few months. Apple is one of the most generous supporters of its older devices. It typically offers updates on devices that are 4–5 years old. While older devices can sometimes struggle to run newer updates, this commitment means you can keep your device for a longer period of time. On the Android side, Samsung also tends to support its devices for several years, often up to four years for its flagship devices. Despite that, for most brands the magic number is three years. So, once you notice that your device is no longer updating, what are you supposed to do? Are you expected to drop upward of several hundred dollars (or more) on a new phone? Or do you just “deal with it” and accept that your device is no longer receiving critical security updates? If your device still runs well — it does everything you expect it to, it has decent battery life, and the screen is in good shape — there might not be a reason to immediately buy a new phone. Many security experts

say if you stick to a handful of apps and your usage is consistent from day to day, your risk is low.

If your device is showing its age and/or you rely heavily on your phone for work and communication, the risk may be higher. Regardless, it’s a good idea to update your smartphone in regular intervals. We can all complain about planned obsolescence, but access to current updates and security patches is definitely beneficial. With so many cybersecurity risks out there, it’s better to not fall behind in these technological times.

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