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LEGAL BRIEF
NOVEMBER 2022 FriedmanSimon.com 516-800-8000
SAME AS IT EVER WAS
THE PREDICTABLE JOYS OF A FAMILY THANKSGIVING
As Thanksgiving approaches, I can’t wait for the familiar comforts that come with the holiday every year. The celebration my family enjoys is predictable, with many of the same activities and conversations each year. Our Thanksgivings also aren’t particularly unique in any way. We do the same things most people do — which is what makes it so great. Each year, we get up early a day or two before the holiday and drive to my in-laws’ house in Pennsylvania. Our kids are currently 5 and 2 1/2, and they get to wear special pajamas on the ride to see their grandparents, whom they call Mom-Mom and Pop-Pop. We don’t have family in New York, so I always love it when my children have the opportunity to play with their cousins. I cherish the moments when they spend time together. Football is always playing in the background, whether or not anyone is watching it. And many of the conversations remain the same. We’re always confident this year’s turkey is the biggest one we’ve ever had — no matter how huge it might have been the year before. And you can always count on my mother-in-law to ask, “Is it tender?” It doesn’t matter how much we praise the turkey in advance; the question always comes.
Meanwhile, no one wants to eat lunch before Thanksgiving dinner, so we usually end up grazing on various snacks instead. Then we have the inevitable “taste tests” throughout the day. I often overdo it and wind up so full before dinner that I don’t think I can take a bite. Somehow, of course, I make it work and end up eating. I also look forward to the annual “experiment” cake or pie no one in the family has tried before. Some are more successful than others, but that’s part of the fun.
It’s one of the few days a year my wife’s
“Usually, we never know what tomorrow will bring. But on Thanksgiving, we can be relatively sure.”
entire side of the family can share a meal. It’s also a
rare opportunity to rely on the ease of familiar routines. We all sit in the same seats every year,
even though there’s no assigned seating. I don’t wonder what we will eat or think about the everyday stressors of work. If we discuss them at all, it’s in a joking fashion. The predictable patterns of Thanksgiving allow us all a moment to relax. Having a few days a year when you know the stakes are relatively low is nice. We have no expectations other than sitting down and sharing a turkey meal with loved ones. Usually, we never know what tomorrow will bring. But on Thanksgiving, we can be relatively sure. As my family eats our turkey and mashed potatoes, millions of other Americans are sitting around their own tables having the same meal and the same conversations. I find that comforting. Despite the differences and distances that separate us, Thanksgiving is something
we can all share. Its rhythms and routines rarely change, and that’s what makes it unforgettable.
-Michael J. Mills
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Follow the Evidence
Add More Life to Your Work-Life Balance With These 3 Tips
Winter is quickly approaching; with it generally comes an increase in slip-and-fall accident cases. One of the significant challenges that arises frequently is that sometimes injured people don’t know exactly what caused them to fall. Over the past 30 years, we’ve represented many fall victims who have spent weeks in the hospital, undergone surgery, and even had hardware such as pins, screws, and plates surgically installed to mend broken bones. But when we ask them what caused them to slip or trip, they often tell us, “I don’t know.” Sometimes they provide possible scenarios based on speculation: Maybe there was a leaking rain gutter that created a puddle that froze. Maybe an adjoining property owner cleared snow but left a dangerous base of ice without putting down sand, salt or ice-melting chemicals, which actually made an area more of a fall hazard than if they had left the snow which provided a level of traction over the ice for pedestrians. Maybe it was this or that or maybe it was something else entirely. Sometimes our clients’ guesses are correct as to causation, but in the work we do, “maybe” makes for a weak argument. We must meet the burden of showing a specific factor was more likely than not the proximate cause of the accident and resulting injuries. It makes sense that many people don’t know why they fell. After a fall, they’re shocked, in pain, and often surrounded by a crowd of people. Meanwhile, they usually fell because they didn’t see the hazard in the first place. When you’re suddenly hurt, there’s a good chance you are not focused on how or why it happened. The steps we take immediately after a fall injury client retains us can make, and often have made, a tremendous difference. Typically, we demand that the property owner preserve surveillance video; canvass the area for surveillance video captured by adjoining property owners as well as for eyewitnesses to the fall; obtain copies of Police Incident/Aided Reports, Ambulance Call Reports, and any other business records or documentation that may lead us to the cause of the fall. For better or worse, justice relies on evidence. It has been our privilege to reinforce many a badly injured client’s “maybe” with information discovered through our prompt and careful investigation to establish a strong case and win the compensation they need and deserve. If you or a loved one is injured in a fall, please don’t rely on guesswork. Doing so may leave you unable to recover for your pain, suffering, and other damages. Please call us for a free case review and no-obligation consultation. We are determined to discover exactly what caused you to fall and to win the best possible case result for you. KNOWING WHAT CAUSED A FALL MATTERS
One of the biggest concerns employers have with remote work revolves around employees finding distractions at home that will take their attention away from job duties. While this is certainly true for some remote workers, it doesn’t apply to everyone. Certain individuals will even be drawn back into work at home when they’re supposed to be spending time with their family or doing hobbies they enjoy. In fact, when remote workers don’t unplug from their work, they are much more likely to burn out. If you or your employees are currently working remotely, it’s important to establish a proper work-life balance. Here are three ways to include more personal time in your daily routine. SET BOUNDARIES. After you clock out for the day, it can be easy to get dragged back in if you get a text or email relating to your job. That’s why it’s important to set boundaries for yourself. Once you reach a certain time in the day, turn off your work phone or email. Set an alarm for yourself for a time when your work day comes to a close — and put everything away so you can focus on your home life. ESTABLISH A WORKSPACE. Our environment can play a large role in how we feel each day. If you haven’t established a workspace in your home, you might struggle to separate work from home life. Think about it; if you work from your living room, you will probably find it more difficult to relax there later in the evening. You don’t have to turn an entire room into an office, but dedicating a corner as your workspace will come with benefits. WEAR WORK ATTIRE. What we wear has an effect on how we feel. If you’re wearing sweatpants while you work, it can be difficult to unwind when you’re off the clock and wearing the same clothes. Switch it up and wear professional attire while you’re working. When the workday comes to a close, you can shed your work clothes for something comfier, which will help you relax and focus on what’s going on at home.
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Keep Your Clients Coming Back for More ESTABLISHING LONG-TERM RELATIONSHIPS
Client relationship management is an essential skill in the world of business. You can create the greatest product or service, but if you’re unable to connect with your customers, you’ll still struggle to meet your goals. That’s why developing strategies to keep your clients coming back is vital. These days, it’s not enough to simply make a sale. We want our clients to love working with us so they’ll continue to use our businesses and refer their friends. Not everyone knows how to create long-lasting relationships with their clients, though. So, we’ve gathered a couple of tips to help you impress your clients and build that relationship. SETTING EXPECTATIONS One of the biggest mistakes businesses make when talking with new clients is failing to set expectations. If you don’t set the expectations during your initial consultation, then the client will assume their own set of expectations — which may be impossible for you to reach. Setting reasonable and realistic expectations will help clients know exactly what you can do for them in the business relationship. They’ll
understand the process and what benefits they’ll reap from your product or service. This approach is honest and upfront while also nurturing the trust your client needs to continue working with you. KEEPING THEM INVOLVED If a client is interested in working with your business, you should keep them as involved as possible. During your initial meeting or consultation, explain the process as in-depth as you can and answer any questions your client may have. As you continue working with them, apprise them of any developments, new products, or information they might find helpful. Keeping them informed allows for better communication and understanding. Your client will also have an opportunity to provide feedback you can utilize to make their experience even better. Maintaining long-term relationships with your clients comes with countless benefits and will help you build your business, but you have to make the effort to foster open communication. It’s a win-win! SUDOKU
Apple Cranberry Crisp Inspired by TasteOfHome.com
If you’re feeling old-fashioned, treat yourself to this warm and bubbly dish. Nothing says Thanksgiving quite like a classic apple recipe.
Ingredients
• 3 cups peeled and chopped tart apples • 1 1/2 cups cranberries • 3/4 cup packed brown sugar, divided
• 1 tbsp lemon juice • 1/2 tsp ground cinnamon • 1/2 cup all-purpose flour • 1/3 cup butter, cold • Vanilla ice cream (optional)
Directions
1. Preheat oven to 375 F.
2. In a large bowl, combine apples, cranberries, 1/4 cup brown sugar, lemon juice, and cinnamon.
3. Grease an 8-inch baking dish and pour the mixture into it.
4. In a small bowl, mix flour and the remaining brown sugar. Cut in cold butter until the mixture is crumbly. Sprinkle this over the fruit. 5. Bake uncovered for 25–30 minutes or until the topping is golden brown and the filling is bubbly. If desired, serve with vanilla ice cream and enjoy!
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516-800-8000 FriedmanSimon.com
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INSIDE THIS ISSUE 1 2
The Beautiful Familiarity of Thanksgiving 3 Ways to Improve Your Work-Life Balance What to Do if You Slip and Fall 2 Tricks to Establish Long- Term Relationships With Clients Apple Cranberry Crisp 3 Selling Strategies Customers Hate
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Have you ever walked into a business, talked to a salesperson, and left annoyed or angry? You may have even claimed that you would never return to the business again. It’s a situation that happens fairly often and proves certain sales strategies just don’t work. It’s important for business owners and salespeople to be aware of these strategies so they can avoid using them and upsetting their customers. You want your customers to enjoy working with your business so they return or refer people to you. If you’re using the wrong strategy, you’ll miss out on referrals and repeat customers. Here are a few selling strategies to avoid in your business. FAILING TO FOCUS ON THE CUSTOMER’S MAIN PROBLEM When a customer steps into your business to purchase a product or service, there’s a good chance they’re trying to find a solution to a particular problem. Many salespeople make the mistake of explaining the bells and whistles of their product or service instead of listening to the customer’s main concerns. When you can provide a solution to the customer’s problem, you will be much closer to making a sale. 3 SELLING STRATEGIES TO AVOID OR YOUR POTENTIAL CLIENTS WILL AVOID YOUR BUSINESS
OVERPROMISING AND UNDERDELIVERING Plenty of salespeople like to promise the world to their customers but there’s a limit to what they can actually offer. When salespeople overpromise, they are essentially lying, and it will come back to bite them. Customers don’t like being lied to and will be quick to share their experiences with others. A great way to avoid this is by offering a free trial so your customers can experience the product for themselves with no strings attached. They’ll know exactly what they’re buying, and you’ll be there to answer their questions and explain all the features and benefits without having to overpromise. ARGUING WITH CUSTOMERS Sometimes customers will respond to your product or service with unrealistic or unreasonable objections. Stay silent or ask questions to further understand where they’re coming from because if you start arguing with a customer, you will lose the sale.
There’s no foolproof way to sell to everyone, but by avoiding the above selling strategies, you will have a better chance of closing more sales.
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