Friedman & Simon - July 2021

Friedman & Simon - July 2021

LEGAL BRIEF

JULY 2021 FRIEDMANSIMON.COM 516-800-8000

What Is ‘Freedom,’ Really? A Special Thank-You to Our Military

During childhood, July was one of the best months of the year. It was the month of sweet freedom and independence (which is a pretty neat coincidence, considering it’s also the month of our American Independence Day). My freedom meant riding with friends on bikes, going to barbecues, and playing on fresh grass. My only worry was getting home before the streetlights turned on. By the time I turned 16, my freedom evolved. I thought I was basically an adult already — I bought my own 1988 Ford F150, a six-cylinder truck with a long-bed. Sure, I had the responsibility of school and driving safely, but nothing else dissuaded me from going where I wanted to go. Freedom meant going anywhere, picking up anyone, going on road trips to California, Arizona, Wyoming, Mexico, Colorado — we hit every place we could think of, all summer long. Spending time with my friends and girlfriend while camping was when I enjoyed my freedom most. In college, though, my understanding of freedom began to change. I started to figure out that, if I was going to stay up late, I’d have to suffer being less alert at work or during an exam the next day. I figured out that certain routines would have a negative effect on me. I learned that the choices freedom permits can come at a cost, but at the time, being a little selfish in focusing on myself did not seem like a bad thing to do. As an adult, now, I can literally do anything I want — but maturity and my values dictate that my choices are subordinate to being responsible and considerate. What I understood as freedom in my youth, time spent in recreation, has largely been replaced by the fulfillment I get from providing for my family and advocating for the clients I represent in my chosen work as an attorney for severely injured people. As I reflect upon Independence Day and the meaning of freedom, I think deeply about the question: “What are you willing to give up in order for you and your family to thrive?” We may not think very often about how the freedoms which enable us to pursue our happiness are both earned and given, but Independence Day has made me think deeply about exactly that.

The activities of my childhood, young adulthood, and current life, enjoying freedom in very different ways, all have something in common. They have come at a cost. It might be cliche, but freedom is not free — it can come with worry, fear, hard work and even greater sacrifices. When I was a kid, my parents, with their care and hard work, paid the costs for me to enjoy freedom as I understood it. Now, my wife and I pay those costs for our children. Long before my parents were born and right up until today, others have paid a great price for the freedoms all of us in the United States of America enjoy. Independence Day drives home the message that others have made tremendous sacrifices so that all of us can enjoy freedom. The truth is that we owe a tremendous debt to the great protectors of American freedom, both past and present.

If you are an active service member or a veteran, I want to express my sincere gratitude for your hard work, sacrifice and patriotism. Yes,

we get to enjoy picnics, road trips, and other summer fun, but most of all, we enjoy basic freedoms. We are free to associate, speak, worship, and vote as we choose. Without these basic freedoms, the others would be meaningless and might not exist at all. For all that has been given to create and protects our freedom, I am grateful. Thanks for reading and have a very happy Fourth of July, everyone.

516-800-8000 1 -Michael J. Mills

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Mediation vs. Arbitration WHAT’S THE DIFFERENCE?

WHAT’S THE FUTURE OF WORK? In-Person, Remote, or Hybrid Workplaces

Hi! Michael here again. Recently, I prosecuted a case where our client had fractured her foot because of the dangerously uneven cobblestone path she was walking on. Her injuries were severe, and her treatment called for the surgical installation of several screws to mend her broken bones. Experience has shown us, time and again, that no two cases are the same. Some cases should be tried before a jury at trial, and some cases should settle before trial. The unique characteristics of this case made her claim a favorable candidate for arbitration. By gathering and presenting all available relevant evidence to the arbitrator, much as we would if we were arguing to a jury, we were able to win an excellent result expeditiously. How do we know if arbitration or mediation is right for your case? Here are some of the pros and cons we weigh, as we fight to win the best possible outcomes for our injured clients. Arbitration PROS: The best way to describe an arbitration is almost like a mini trial. It’s more formal than a mediation. During an arbitration, there’s an arbitrator (usually a retired judge or senior lawyer), and, much like a regular court proceeding, lawyers can question witnesses from both sides. An arbitrator’s final decision is legally binding, and the award is enforceable in American courts and the courts of 142 countries. CONS: Because the decision is legally binding, you must be certain that you’re willing to accept the results of your arbitration. The element of risk can potentially be offset to a degree, as there are ways to set the minimum and maximum award of your arbitration beforehand. That way, even if the arbitrator awards a low dollar amount, you’ll still be awarded whatever amount was agreed upon to be the minimum award. The trade-off here is the “cap,” or maximum award that the defending insurance company will insist upon in order to agree to arbitrate. Typically, at trial there would be no such cap which is one reason why arbitration is sometimes not in our client’s best interest. Mediation PROS: Mediations are relatively informal. In a mediation, you can argue your case and the strict evidentiary requirements for submitting evidence at trial do not apply. This lack of formality can expedite the process. Mediators (again, typically a retired judge or senior lawyer), will act as the intermediary between you and the other party. Just as two parties locked in their position sometimes need a disinterested entity to help move the process forward, (otherwise the case would settle), as with a jury in a trial, a mediator similarly acts as such a disinterested entity to move negotiations past a sticking point. CONS: The results of mediation are not legally binding. Therefore, the mediation process may help resolve the case or it may not be fruitful at all. If either or both sides remain unable or unwilling to settle, the case will typically proceed along the path of litigation leading to a trial. If you have questions about the mediation, arbitration, or litigation processes and how they may apply to a matter you are concerned about, please reach out to me. It will be my privilege to review your situation with you and discuss which option may be best for you.

After more than a year of working remotely, the initial excitement of being able to work in your sweats probably wore off long ago. But for some, this stint of remote work has shown many upsides: Productivity has increased. Eliminating the daily commute has been good for the environment, and workers are spending more time with their families, pursuing hobbies , or exercising . Having a more flexible work schedule has also meant there’s a better work-life balance for many working parents. But for all the benefits, there are plenty of downsides, too. Many have struggled to set boundaries as the line between work and home has blurred, leading to overwork and burnout. Others complain about myriad distractions they face while working from home, especially those who don’t have a dedicated workspace and are also trying to help their children with virtual schooling. That’s not to mention potential tech issues, loneliness or alienation from coworkers, and increased barriers to effective collaboration. Yet, nearly half of those currently working remotely say they want to continue to do so 1–4 days per week even once it’s safe to fully return to the office. That’s led many employers to consider a hybrid model that incorporates remote and in-person work options. Publications like The New York Times and Forbes are touting a hybrid model as the way of the future. But what exactly would this look like? A productive hybrid work model wouldn’t simply mean workers come into the office a few set days a week. The smart approach, says Forbes writer Anna Convery-Pelletier , is to have employees come into the office for collaborative tasks and stay at home to work independently on tasks that require sustained focus and deep thinking. In-person meetings are especially good for “brainstorming sessions, introducing new projects, or team-building exercises,” Convery-Pelletier says. This focus on in-person collaboration may also mean that the office will look different when you return. Some businesses are opting to redesign their physical space to accommodate this kind of collaborative in-person work and eliminate costly individual work spaces now replicated at home. Whatever the future of work holds, many workers will be happy to safely return to their workplaces and see their coworkers in person again, whether full time or just a handful of days a month.

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HOW DO YOU KNOW IF YOU’VE BEEN MISDIAGNOSED?

Do you think you may have been misdiagnosed but are too afraid to say anything to your doctor? You’re not alone. According to a report from the journal BMJ Quality & Safety, medical diagnostic errors affect over 12 million people every single year. Here are a few ways to determine if you’ve been misdiagnosed. No. 1: You’re not getting any better. The ultimate goal of medical treatment is to help you get better. If your condition does not improve after your doctor or caregiver initiates treatments, this may indicate you were misdiagnosed. It can also indicate that your caregiver diagnosed or administered treatments for one of your symptoms instead of your underlying ailment. No. 2: Your doctor doesn’t give you enough time. A doctor or hospital may squeeze more patients into their schedule than they can reliably treat. Rushing patient care may lead to a wide range of errors and mistakes, such as drug administration errors, errors taking patient histories, and a lack of follow-up care. No. 3: Your doctor doesn’t run you through diagnostic tests or exams. Some illnesses can be diagnosed with basic patient information, but many illnesses require some level of testing before

your doctor can definitively say you do or do not have a certain illness or ailment. If your doctor does not run tests or runs tests and does not discuss your results with you, this may indicate a misdiagnosis. No. 4: Your doctor mistakes your symptoms with another common illness. If your symptoms are similar to those of other illnesses, your doctor may diagnose you with the incorrect illness. If this happens, you may receive treatments for an illness you do not have while your actual condition goes untreated. No. 5: A second opinion verifies a misdiagnosis. One of the most definitive ways of knowing you have been misdiagnosed is a second opinion from another doctor who has not seen you before. If the other doctor reviews a thorough medical history, performs tests to verify his or her assumptions, and arrives at a diagnosis different from your original diagnosis, this may be proof you were initially misdiagnosed. From our team at Friedman & Simon, we hope you stay safe. If you or a loved one ever think you’ve been misdiagnosed, please don’t hesitate to give our offices a call.

Mexican Corn Salad

SUDOKU

Inspired by JoCooks.com

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

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.

516-800-8000 3

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What Is ‘Freedom,’ Really? INSIDE THIS ISSUE 1 2

Is a Hybrid Model the Future of Work? Should You Get a Mediation or Arbitration? How Do You Know if You’ve

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Been Misdiagnosed? Mexican Corn Salad

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3 Professional Development Resources That Don’t Suck

IMPROVE YOUR SKILL SET

A lifelong learner mentality is often lauded as a habit of successful people, but far too many professional development courses are geared toward entrepreneurs, CEOs, and managers. However, you don’t need a leadership title to benefit from this knowledge. Dip your toe into the professional development waters with these three tips for seamlessly incorporating learning into your life. Go to school with the pros. If you could harness the knowledge of world-leading experts, wouldn’t you want to? Platforms like MasterClass, LinkedIn Learning, and Skillshare offer expert knowledge in bite-size courses that users can take at their own pace. Learn how to write from Malcolm Gladwell or Roxanne Gay or master the art of negotiation from FBI hostage negotiator Chris Voss. (And for fun, become a chef with Gordon Ramsay!) Commit to one video chapter each week or listen as you do household chores. Just spend a few moments afterward reflecting on the content so it can soak in. Download apps for quick learning. There may be points when you are just too busy or find that starting a new class or habit is difficult. Don’t quit; instead, look at

your smartphone. Download apps like Libby — an app connected to local libraries where users can check out audiobooks or read digitally — to get a quick, easy fix of professional development. You could also try podcasts on Spotify, Stitcher, or Apple Podcasts. There are plenty of short episodes that focus on professional development. Track your progress. With so many options, classes, and tools available to you, it can be overwhelming to set, track, and meet your professional development goals. That’s where habit trackers can help! Whether you prefer to use pen and paper for journaling or download an app for digital tracking (try Coach.me or Habitify), a habit tracker allows you to see tangible progress and identify areas of improvement. Bonus Tip: Find a mentor or buddy to do professional development with you! Everything is easier with a friend, and whether you need someone to hold you accountable or are looking for support from someone wiser than you, someone by your side may be just what you need.

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