Law Offices of Elliott Kanter APC - December/January 2020

Law Offices of Elliott Kanter APC - December/January 2020

www.enkanter.com

Dec 2020 / Jan 2021

NO ONE IS PAST SAVING WHY ‘A CHRISTMAS CAROL’ IS THE ULTIMATE REDEMPTION STORY

In my years working in criminal defense law, I’ve worked one-on-one with hundreds of people who have cheated, lied, stolen, and even hurt others. Sometimes, my friends and family question why I continue to take these cases. It’s true that often they seem like uphill battles, and sometimes, even my clients give up hope. But as tough as those moments are, they’re the ones that motivate me the most. The truth is that I keep taking these cases because I believe that everyone has a shot at redemption, either in court or after conviction. Around the holidays, I like to draw a parallel to “A Christmas Carol,” the classic Christmas story by Charles Dickens. The tale of Ebenezer Scrooge and his visits from the ghosts of Christmas Past, Present, and Future was first released as a book in 1843, but it’s probably better known now as several movie adaptations. Whichever way you encountered the story, I bet Scrooge stuck with you. In the first part of “A Christmas Carol,” Scrooge is undeniably a villain. He’s a horrible boss and is downright mean to his employee Bob Cratchit and Cratchit’s son, Tiny Tim. He hoards his wealth, and although he doesn’t break any laws in the story, he’s clearly amoral. But after seeing the error of his ways thanks to the Christmas ghosts, Scrooge has a change of heart. He turns his life around, remaking

himself as a giving, happy man and makes amends with Cratchit. Near the end of the story he says, “I will honour Christmas in my heart and try to keep it all the year.” Few people would have stepped up to defend Ebenezer Scrooge at the beginning of “A Christmas Carol,” but I would have. That’s because as a criminal defense lawyer, I can look past who a person is now and see the man or woman they have the potential to become. Scrooge might have made mistakes at the beginning of the story and indulged his worst instincts, but he had the capacity to turn his life around, just like my clients. To be blunt, I’m passionate about criminal defense cases because I believe in treating humans as humans. Young offenders deserve a chance to earn a dismissal or lesser sentence so they can have the opportunity to change the direction of their lives, just like Scrooge did. I don’t believe in giving up, and “A Christmas Carol” is a great example of why we shouldn’t. It is the ultimate redemption story. If you haven’t seen “A Christmas Carol” in a while, pull out your favorite version of the movie this holiday season and watch it with your family. If you’ve committed a crime, remind yourself that like Scrooge, you’re not

past saving. And if you’ve been the victim of a crime, perhaps look into your heart and see if you have the capacity to forgive. If you don’t, that’s okay. But if you do, it might lighten your burden this Christmas and help you move forward into the new year.

From my family to yours, happy holidays. Here’s to a better year ahead!

-Elliott Kanter

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

Published by The Newsletter Pro | www.TheNewsletterPro.com

HOW TO EAT DURING THE HOLIDAYS WITHOUT SACRIFICING YOUR FAVORITE FOODS OR YOUR WAISTLINE

Have you ever stood on a scale at the end of the holiday season and wondered how the extra pounds crept on? It’s no secret that a sugar cookie here, a slice of pie there, and a few glasses of eggnog in between can lead to a few pounds gained. When you’re surrounded by Christmas goodies, how can you resist? Luckily, there are a few ways you can protect your waistline this holiday season without completely cutting out your favorite treats.

DRINK RESPONSIBLY (AND JUDICIOUSLY)

BE CHOOSY

DON’T GO HUNGRY

If you drink alcohol, keep in mind that each drink will probably be somewhere between 150–225 calories. A glass of eggnog can have as many as 500 calories. Alcohol decreases your self-control when you’re eating, while also increasing your appetite. Make sure that if you’re drinking, you’re not doing so on an empty stomach. And to decrease the number of high-calorie drinks that you consume, drink a glass of water in between alcoholic beverages. The holidays are a minefield for any healthy diet. But with the right tools, you can ensure that by Jan. 2, your waistline won’t be worse for wear.

When you see a regular buffet of your favorite holiday treats, don’t immediately start scarfing down everything that looks remotely tasty and sweet. First, scope out the food — without a plate — so you won’t be tempted to start eating without really looking. Then, find the treats that are your absolute favorites and choose one or two of them to eat. You don’t have to give up sweets during the holidays; instead, eat with discretion.

To ensure that you don’t overeat at a party or buy junk food that you don’t need when shopping, eat a healthy snack before going out. Before you head out to a party, eat a snack chock-full of complex carbohydrates, proteins, and unsaturated fats. Apple slices with peanut butter work, as well as lean meats and cheeses. If you’re headed to the grocery store, eating a filling snack before you go will make you less likely to impulsively scoop up those sugary cookies and pastries in the bakery.

CAN YOU FILE A WRONGFUL DEATH CLAIM? WHO CAN AND SHOULD PURSUE JUSTICE

If someone you love recently died in an accident, it makes sense that you’d want to pursue justice personally. Dealing with the death of a loved one is one of the hardest things in the world. But unfortunately, just because you had a strong relationship with someone doesn’t mean you have the legal right to file a wrongful death claim for them if they pass.

like those on our team can help you determine whether a wrongful death claim is the right course of action and how much you’ll likely be compensated for things like medical expenses, funeral and burial costs, and emotional distress.

FIRST, THE BASICS — WHAT IS A WRONGFUL DEATH CLAIM?

WHO CAN FILE A WRONGFUL DEATH CLAIM IN CALIFORNIA?

To put it simply, a wrongful death claim is a legal request for compensation from the person or insurance company responsible for your loved one’s death. It can either be settled right away or end up in court as a lawsuit.

In our state, usually it’s up to the deceased person’s spouse, domestic partner, or surviving children to file a wrongful death claim. If there is no surviving family, though, that right passes to individuals in succession of the deceased person’s loved ones, including anyone regarded as a spouse or child, stepchild, or the deceased person’s parents or guardians. If you fit one of these descriptions, you can seek justice personally. If you don’t, you can encourage one of the authorized people to contact our office. We’ll determine whether they have a case and help them win the compensation they deserve.

HOW CAN YOU TELL IF YOU HAVE A CASE?

To be eligible for a wrongful death claim, your loved one must have died as a result of someone’s negligence or recklessness. Unfortunately, true accidents that happened by chance or accidents where the deceased was at fault don’t qualify. Sometimes it can be hard to tell which is which, and that’s where a lawyer comes in. Experienced wrongful death attorneys

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The Law Offices of Elliott Kanter APC | www.enkanter.com

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4 DO’S AND DON’TS AFTER AN ACCIDENT

One moment you’re going about your business, the next — BAM! You find yourself in the middle of an accident. Whether you’re the victim of a car or bike crash, a dog bite, or a slip-and-fall, odds are you’ll be in pain, scared, and confused. Most people aren’t thinking about the future at this point or the potential legal case their accident will become. But with this list of do’s and don’ts, you can prepare yourself and your loved ones for the worst. To make sure you don’t forget these tips, cut this article out and save it or pass it on to someone who might be at risk. DON’T talk freely about your accident. Things you say in confidence to your family, friends, and acquaintances about your accident could come back to haunt you. The same goes for conversations with insurance adjusters. To limit the number of people who could testify against you in court, keep the details of your accident, injuries, and state of mind between yourself, your doctor, and your lawyer. DO contact an experienced personal injury lawyer. As we said, your attorney is one of the only people you can trust with the details of your accident. They’re also the person who will go to bat for you in court. For that reason, it’s vital that you choose a lawyer with experience tackling personal injury cases and get in touch with them as soon as possible. If you’re the victim of an accident, our firm should be your first call after the hospital or doctor’s office. DON’T neglect your injuries because you don’t have insurance. Medical treatment is expensive, so it can be tempting to skip a visit to the doctor if you’re uninsured. Don’t give in to the temptation! If your injuries aren’t treated, they could become worse over time, and your doctor’s visit will be the start of a paper trail on your injuries that will be helpful in court. DO save evidence of your injuries. In addition to the medical records from your doctor, it’s wise to save any other evidence you have of your injury. This could include photos of your injury and/or the accident scene, written accounts, police reports, bills, and other documents. All of these things will help your lawyer fight for you in court.

NOT YOUR GRANDMA’S FRUITCAKE

Inspired by SimplyRecipes.com

INGREDIENTS

• • •

1 tsp baking soda 1 cup sour cream

• • • • •

1 stick butter 1 cup sugar

3 1/2 cups mixed dried fruit of your choice, chopped 1 cup nuts of your choice, chopped 2 cups all-purpose flour, divided

1 egg, room temperature

Zest of 1 orange

• •

1 tsp salt

DIRECTIONS

1. Preheat oven to 325 F. Line a 9x5-inch loaf pan with greased baking paper. Ensure the piece running the length of the pan stands 1 inch above each side to form “handles.” 2. In a small bowl, mix baking soda and sour cream. 3. In a second bowl, combine fruit, nuts, and 1/4 cup flour. 4. In a third bowl, beat butter and sugar until fluffy. Add egg, zest, and sour cream mixture. Then, add remaining flour and salt. Mix, then add fruit mixture. 5. Pour batter into lined pan. Fill up a separate loaf pan halfway with water. Bake both pans in oven for 1 1/2–2 hours or until a skewer leaves the cake clean. 6. Use “handles” to remove cake from pan and cool completely on a rack before serving.

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

Published by The Newsletter Pro | www.TheNewsletterPro.com

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The Law Offices of Elliott Kanter APC 2445 Fifth Ave., #350 San Diego, CA 92101 (619) 231-1883

INSIDE THIS ISSUE

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THE ULTIMATE HOLIDAY REDEMPTION STORY

HOW TO EAT (RESPONSIBLY) DURING THE HOLIDAYS

CAN YOU FILE A WRONGFUL DEATH CLAIM?

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NOT YOUR GRANDMA’S FRUITCAKE

4 DO’S AND DON’TS AFTER AN ACCIDENT

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HOW TO BE A BETTER LISTENER FOR SOMEONE IN NEED

BE A BETTER LISTENER FOR SOMEONE

It’s not always easy to share feelings of frustration, anger, sadness, or other strong emotions — but it’s healthy to share them. Sometimes, we need to vent and get it all out. Venting gives us an opportunity to release these emotions, which often leads to mental clarity. However, when someone comes to you to vent and share their heavy emotional burden, listening can be just as challenging as sharing. You want to be supportive, but you don’t want to interfere. Strong feelings and tough situations may be involved. What can you do to be the listener they really need? It starts with your body language. Open yourself to their emotional needs. Gregorio Billikopf, an interpersonal relationship expert at the University of California, Berkeley says if you begin the conversation standing, invite the person to have a seat with you. Another thing you can do as a listener is position yourself below their eye line. This puts the person venting in a more active “storyteller” position and you in a better “listener” position. While in this position, maintain eye contact. It’s okay to look down or away occasionally, but try to keep steady eye contact.

Billikopf also notes that, as a listener, it’s important to avoid interjecting. Don’t offer input, suggestions, or guidance to the person venting until after the person has had the chance to get it all out. “During this venting process, there is still too much pressure for a person to consider other perspectives,” Billikopf says. While you don’t want to interject, you do want to be an active listener. This means you don’t want to be completely silent. This is where “reflective listening” comes in. Occasionally repeat what the speaker says — but don’t use their exact phrasing. Reword slightly in a sympathetic manner. Don’t spin their words or mistakenly interject an opinion, as it may not be the opinion they’re interested in hearing. Alternatively, listening cues like “mm” or “hm” and nods are always welcome. One last thing to keep in mind: You do not need to offer a solution to the person’s problem or concerns. They may just be venting to get their negative emotions out, not looking for answers or explanations. If they are looking for answers or guidance, wait for them to ask. In the meantime, lend your ear and let them know you’re there for them going forward.

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The Law Offices of Elliott Kanter APC | www.enkanter.com

Published by The Newsletter Pro | www.TheNewsletterPro.com