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April 2018

GOING TO BAT HOW PLAYING FIRST BASE MADE ME A BETTER LAWYER

Baseball season seems to get longer and longer every year, but I’m not complaining! Opening day was its earliest in Major League history this year, with both my beloved Phillies and Padres taking the field on March 29. One was a morning game, and the other was in the afternoon, so at least I didn’t have to choose between my hometown and my adopted team. By April, the season is already in full swing, and I can’t help but feel nostalgic for my old days in the infield. Back in my very earliest days of little league, I wanted to be a first baseman. That’s where all the action was. I kept my head down and worked hard; by college, I was playing first base despite being 5 feet 8 inches tall and left-handed. Not to toot my own horn, but I did well in my college years. I wasn’t error prone, and I was a good hitter. Still, I faced the same challenge as every other player (from the minor leagues to the pros): how to deal with defeat. Baseball, at the highest level, is a game defined by imperfection. Nobody bats a thousand. In fact, what is considered a very good batting average for a pro is hitting .300, which translates to averaging 3 hits for every 10 times at bat. Few sports or professions are defined by such a low margin of success. If I only won a third of my court cases every year, I’d be out of a job.

Maybe it’s this ever-present specter of failure that makes America’s pastime such a superstitious sport. From jumping over the chalked lines on their way to bat to eating a particular meal before a game, the wards and rituals of professional baseball are well- documented. I find myself even believing in this sort of magical thinking, being sure to always walk between the catcher and umpire on my way to the plate. clients. My only “rituals” before a big case are to go over my notes and to get a good night’s rest. Maybe I’m just more confident in my success as a lawyer then I was as a slugger. I don’t need the added psychological assistance, despite the stakes being a lot higher than my batting average. The one thing that does translate from baseball to being a lawyer is the difference hard work makes. To go from a .300 to a .333 batting average may look like a small statistical leap, but it’s what separates a great hitter from the likes of Tony Gwynn. The difference between a legendary hitter like what Tony Gwynn was and an average hitter is about one hit a week during the season. To reach that level, a player has to put in the time and effort to make sure each time they come up to bat they’re giving it their all. Interestingly, I don’t employ the same superstitions when I get up to bat for my

Now, I don’t mean to imply that I’m the “Mr. Padre” of attorneys. But I do employ the same focused, diligent attitude that got me playing first base despite my height with my clients’ cases. Just as one or two hits a week during a season can be the difference between a good and a great hitter, being able to catch one or two facts buried in the details can make or break a case. We see this all the time in both criminal and personal injury cases. Witnesses embellish details beyond their contemporary statements, the other side overlooks a key fact about the details of a case, and people forget the minutia. By paying attention to all the facts and leveraging our cases on key details, our firm has been able to go from a good track record to a great one. We put the time and effort in to knock it out of the park.

Let’s go Padres and Phillies!

-Elliott Kanter

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

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GARDENING: BRINGING FAMILY TOGETHER

DECIDING ON PLANTS When it comes to deciding which plants you want in your garden, there are many variables to consider. Do you want to grow edible plants, ones that have magnificent blossoms, or ones that are easy to care for? Flowers are a good start if you want a plant that grows a little faster; plus, they lend a pop of color to your garden. Growing vegetables is also rewarding, as the kids will take great pleasure in eating what they’ve grown. Other possibilities include sunflowers, blackberries, peas, and lettuce. You might be surprised at how willingly children eat their greens when they’ve had a hand in growing them. Family gardens can bring something new and fresh to your home. So, get outside, enjoy the sun, and discover the joys of plants and gardening.

After spending a winter cooped up inside with your family, there might be a little tension between everyone. Fortunately, it’s spring, and the warm weather, melting snow, and blooming flowers offer a good way to ease restlessness. This season, why not bring your family closer together by starting a family garden? A LEARNING EXPERIENCE Nearly every step in the gardening process can be a learning experience for kids and parents alike. Begin by discussing where you should start and why, what supplies you’ll need, and the types of plants you want to grow. Gardening also offers opportunities to learn about science, ecology, and nutrition. COLLABORATION Gardening gives your family a chance to collaborate. When you’re stuck inside for long periods, you may be spending time together, but it’s usually not quality time. Working in a group to create and maintain a garden is a hands-on experience for everyone. It’s a chance to get the whole family involved with a single project, and you can literally share the fruits of your labor.

HAVE WE HELPED YOU? HOW TO LET US KNOW!

No matter what profession you’re in, hearing that you’ve done a good job can always brighten your day. This is especially true for our law office. From auto accident victims to those up against criminal charges, the people we represent are facing life-changing decisions in the courtroom. Hearing how we were able to help these folks means the world to us. Sometimes, a former client will reach out to thank us in person, give us a call, or send a card. We love getting these personal messages from the people we represented. A relatively new way people are showing their appreciation is by reviewing our firm online, and we couldn’t be happier about it! It speaks volumes that so many of our former clients have taken the time to write glowing words of praise and felt confident enough to share them on public forums like Yelp, Google, Facebook, and Avvo. We are humbled by your kind words and ringing

endorsements. For you to recommend our services to people facing the same dire legal circumstances you overcame is the highest possible honor we could receive. When you decide to write us a favorable review, you aren’t just telling us we did a good job. You’re telling anyone in the San Diego area that is in need of representation that we have your vote of confidence. In this way, you help us to help more people, and that’s amazing. To those who have taken the time to write these reviews online, we see you, and we thank you. Reading about the ways we were able to deliver a positive experience puts smiles on our faces. If you haven’t had a chance to review us online, we’d love to hear from you! Visit The Law Offices of Elliott Kanter on your review platform of choice and let us know how we made a difference for you or a loved one!

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

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A judge who’s acquainted with Elliott recently told him about some advice he’d given to his children. Like any parent, he wants his children to obey the law, but he also knows that teens and young adults don’t always exercise the best judgment. He gave his children four tips in case they found themselves involved in a DUI stop — or, for that matter, questioned by law enforcement for any alleged offense — and we’d thought we’d share them with you. DO NOT DRINK AND DRIVE This should be a given, but it bears repeating. When you drink and drive, you put your life and the lives of others at risk. In the age of ride-share services, you always have options when it comes to getting home from a night on the town. DO NOT WAIVE YOUR MIRANDA RIGHTS You have a right to remain silent, and you should exercise it. Nothing you say to an officer during a stop can positively impact your case. Answering questions, especially about what time you stopped drinking, can easily incriminate you. Be polite to the officer but remind them of your 5th amendment rights. NEVER CONSENT TO A SEARCH Unless they have a warrant or probable cause, law enforcement needs your permission to search your vehicle or person. Do not consent to these searches, regardless of your innocence. Never physically resist an officer, but calmly inform them that you do not consent to a search, even if they frisk you or your vehicle anyway. KNOW THE AIDING AND ABETTING LAWS In California, it is possible to be found criminally liable as an aider/abettor of a DUI. If you are the owner of the vehicle or riding in the passenger seat with someone you knew to be under the influence, you may be prosecuted if you encouraged the driver to do something illegal. Make sure whoever is behind the wheel is sober. The penalties for a DUI in California are far more than a slap on the wrist. If you get pulled over, the consequences can be life-altering. If you or a loved one are facing these serious charges, please reach out to us. Our experienced team will listen to your unique situation and help you plan your next step forward. WHAT TO DO DURING A DUI STOP From the Judge’s Mouth

PASTA WITH TURKEY AND BROCCOLI

Inspired by foodnetwork.com

INGREDIENTS

• • • •

2 cloves garlic, chopped

• • • •

3/4 pound pasta (shells or orecchiette)

1/2 teaspoon crushed red pepper

2 cups broccoli florets 3 tablespoons olive oil 1 pound ground turkey

Salt

Parmesan cheese

DIRECTIONS

1. Cook the pasta according to package directions. Add broccoli when pasta is 1 minute from done. Drain both and return to pot. 2. Heat 1 tablespoon olive oil in a skillet over medium-high heat. Add the turkey, garlic, crushed red pepper, and a pinch of salt. Cook while breaking up meat with a wooden spoon for 3–5 minutes. 3. Combine turkey with pasta and broccoli mixture, adding the remaining olive oil as you stir. Serve in bowls topped with Parmesan cheese.

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

Published by The Newsletter Pro | www.TheNewsletterPro.com

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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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ELLIOTT GOES TO BAT

GARDENING: BRINGING FAMILY TOGETHER WE WANT TO HEAR FROM YOU!

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PASTA WITH TURKEY AND BROCCOLI WHAT TO DO DURING A DUI STOP

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THE MESSAGE BEHIND KINDNESS ROCKS

Since then, Megan has inspired others with randomly placed messages of kindness. She finds a rock, paints a kind message on it, and leaves it on the beach for others to find. And the idea has spread. As the project has grown, so have people’s stories about finding kindness rocks. When people find a kindness rock, they get a boost to their day, but they also feel inspired to pay the kindness forward. If you want to spread kindness, start with a few smooth 3- to 5-inch rocks. Part of the adventure is in finding the rocks, so take the time to explore outside to find them. Maybe take the kids for a trek to a nearby park or beach. Once you have your rocks, use nontoxic paint or spray paint to color them. Use bright colors so that others can spot them. After the paint has dried, use paint pens to write your messages on the rocks. These can be as simple as one word or as big as an inspiring quote or verse. How to Make Your Own Kindness Rocks

After you’ve written your message, use a clear nontoxic sealant to protect your artwork so it will be there when others find it. Find an outdoor space to leave your rock — maybe even in the original spot you found it. In a world that often seems dark, your message of kindness will serve as a beacon of hope for others. “One moment can change a day, one day can change a life, and one life can change the world.” –Gautama Buddha

A SMALL TOKEN WITH A BIG MESSAGE

KINDNESS IS CONTAGIOUS

Have you ever had one of those days when nothing seems to go right? You wake up late, you can’t find your keys, the kids aren’t ready, and the day continues to unfold in a negative fog. Those difficult days are the reason Megan Murphy started the Kindness Rocks Project. After her parents passed away, she found comfort in finding heart-shaped rocks and sea glass on the beach. She realized that these small tokens might make other people feel better, too. Megan’s friend, one of the first to pick up a rock Megan had left behind, sent her an encouraging message after finding it: “If you did drop this rock, you made my day.”

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

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