Law Offices of Elliott Kanter APC - June/July 2021

Law Offices of Elliott Kanter APC - June/July 2021

www.enkanter.com

June/July 2021

UNDERSTAND YOUR BRAIN AND DECISIONS BETTER BY READING ‘THINKING, FAST AND SLOW’

Why do we do the things we do? As humans, we make all kinds of decisions every day: some good, some bad, and some just plain irrational. We pick what we’d like for dinner, whether to speed while driving on the highway, and what we should do with our money — should we lend it to a friend or use it to buy car insurance? As a lawyer, I get to see quite a bit of unusual and unexpected human behavior every day. Sometimes my clients baffle me with their decision-making, and at other times I can’t believe the arguments of opposing counsel in the courtroom. Why do we make those decisions? I’ve always wondered. When I picked up Daniel Kahneman’s New York Times bestselling book, “Thinking, Fast and Slow,” I finally got some answers. Kahneman is an internationally famous psychologist and a winner of the Nobel Prize in Economics. In other words, he’s well versed in his subject! In his book, he argues that there are two systems that drive the way we think: one fast and one slow. The “fast” system is responsible for intuitive and emotional decision-making, while the “slow” system is more deliberate and logical. It is our internal skeptic. The separation between these two sides of our brain helps explain why sometimes we jump into things with both feet, and at other times ponder problems for hours. Kahneman explores both systems, when

they’re activated, and how we can use them to our advantage when making decisions.

“Thinking, Fast and Slow” is packed with case studies and research, so the book is a bit dense at times. Still, I picked up a lot of useful tips and gained some insight into how, when, and why we jump to conclusions. I was particularly interested in the “planning fallacy” — what a New York Times reviewer defines as “our tendency to overestimate benefits and underestimate costs, and hence foolishly to take on risky projects.” The foolish optimism of the planning fallacy is what leads us to go over budget on our home renovations, but it may also help explain why people commit crimes. Take robbery, for example. With the fallacy in mind, it makes sense that people think only of the potential positive outcomes (improved finances, the ability to better provide for their families), and their brains minimize the potential downsides (shame, fines, and jail time). The same is true of speeding and texting while driving, two major causes of car accidents. Reading “Thinking, Fast and Slow” also prompted me to analyze my own brain and decisions. According to Kahneman, we spend most of our time in “fast” thinking mode. I wondered, “When have I done that and messed up when I should have used my ‘slow’ thinking? How can I change my thinking

habits to make better decisions? How can I unlock a better life?”

Going forward, I’m going to reflect more on my thinking patterns and those of others. Noticing when other people are thinking “fast” will help me understand their snap decisions, and noticing when I’m doing it will give me the opportunity to catch myself and slow down. I think if we all used our “slow” brains a bit more and our “fast” brains a bit less, we would live in a safer and more rational world. I’d highly recommend picking up a copy of “Thinking, Fast and Slow” if you’d like to understand yourself a bit better. If reading isn’t for you, that’s okay, too! Check out the NPR podcast “Hidden Brain” instead. It packages a lot of similar insights into 30- to 60-minute episodes.

-Elliott Kanter

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

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A FRESH CUP OF … WATER IN THE MORNING? TIPS FOR DRINKING YOUR DAILY LIMIT

The human body needs water. We are , in fact, 60% water, so we require replenishment on a daily basis! And first thing in the morning, when you haven’t had any water for at least eight hours, it’s important to start rehydrating as effectively as possible. So, before you go for that cup of joe, go for a glass of water. You might even end up skipping the coffee. According to the National Center for Biotechnology Information, dehydration may be a part of why we feel groggy and disoriented in the morning in the first place. Mild dehydration has been linked to lower brain function in general, with a wide range of effects on our cognition and performance.

usually enough to cause mild dehydration. But coupled with the fact that most Americans aren’t drinking enough water to begin with, odds are good that when you go to bed, you haven’t had your daily intake. In general, you should be drinking eight 8-ounce glasses of water each day. Morning is the perfect time to start that process. One trick is to fill a water bottle each night (bonus points for ice!) and leave it by your bed. That way, when you wake up thirsty at night, you don’t have to go anywhere — and your first few glasses of the day are right there as well. You may be tempted to reach for other beverages throughout the day to keep hydration up. But the reality is that most of your water intake should just be water. If you really need some extra kick to stay hydrated,

you can try club soda or sparkling water, which can be purchased cheaply at any grocery store. It’s also important to remember not all water is created equally. Packaged water is an option for people who don’t have access to good drinking water at home, as are in-fridge filters, on-sink filters, or jug filters. You want the water to taste as good as possible to increase your odds of drinking enough. So, what are you waiting for? Fill a glass today and change tomorrow for the better.

Can all that really happen overnight? Yes and no. By itself, an eight-hour period isn’t

HOW TO HANDLE BEING PULLED OVER FOR A DUI TAKE THESE 5 STEPS TO SHORE UP YOUR FUTURE CASE

3.

Decline to take a field sobriety test or breathalyzer test at the scene. You’re not legally required to take a field sobriety test or breathalyzer test when pulled over, either, unless you have prior convictions or are under the age of 21. To decline these, use the statement above.

Few things in life are more intimidating than flashing police lights and sirens going off behind you. It’s easy to panic in this scenario, particularly if you’ve been drinking, taking drugs, or are otherwise driving under the influence. But there is a right way to react to being pulled over for a DUI in California — and we can help you do it. If you’re pulled over, follow these five steps. You’ll stay on the right side of the law and give yourself the best chance at fair treatment in court. 1. Politely and matter-of-factly cooperate with basic police questions and procedures. Unfortunately, we live in an imperfect society, and they may make assumptions about you based on your race, gender, or location. To avoid an altercation, put the officer at ease by quickly and calmly providing documents and basic information, like your license, registration, name, and address if asked. 2. Decline to answer circumstantial questions. You are not legally obligated to answer any questions from the officer related to alcohol, including, “Have you been drinking?” “Where are you going/coming from?” and “How many drinks have you had?” If they ask these questions, simply decline to answer. Say, “I heard from an attorney that I don’t have to answer these questions, so I am choosing not to.”

4. If you’re arrested, submit to testing only at the police station. Continue to decline answering questions. If you’re arrested and taken to a police station, at that point agree to take a breath or blood alcohol test if asked. This will help you avoid a hard suspension of your license for a year. You are still not obligated to answer questions. 5. Call an experienced DUI defense attorney. Elliott has handled more than 1,000 DUI cases in his 40-year career and will help ensure that you are fairly represented and get the best possible outcome. You may want to keep our office number in your phone or wallet, just in case: 619-231-1883.

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

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DANGER: SAN DIEGO STREETS AREN’T SAFE FOR PEDESTRIANS!

At 8:48 a.m. on March 29, a man in his 20s was strolling near the San Diego Zoo when a sedan smashed into him. The impact threw him over the hood of the car, and his head slammed into the windshield. Less than two weeks later, a Ford truck struck a 59-year-old man on Market Street. The collision knocked him to the ground, and paramedics rushed him to the hospital with serious head injuries. Then, just 90 minutes later and four miles away, another pedestrian — this time a woman — was hit by a vehicle. Like the others, she ended up in the hospital. It’s astonishingly clear that here in San Diego, pedestrian accidents are on the rise. These accidents can be serious, as in the case of the 59-year-old man, or even deadly! According to the California Office of Traffic Safety, in 2018 alone, 14,000 pedestrians were injured and 893 were killed on California roadways. If you or someone you love is struck by a car or truck while walking through our city, you need a lawyer experienced in pedestrian accidents on your side. Our team here at the Law Office of Elliott Kanter has that expertise. We can investigate all of the potential parties at fault and dig into the insurance legalese to make sure you get the maximum compensation for your injuries. Insurance coverage is key in these situations. Even experienced personal injury attorneys don’t always understand policies and what they cover. Some drivers are also uninsured or underinsured, which makes things even more complicated. That’s why you need a lawyer who has handled hundreds of pedestrian cases, like Elliott. If you need representation in a pedestrian accident case, call our office as soon as you’ve gotten medical attention. (Pro tip: Don’t give a recorded statement to your insurance company until after you’ve spoken to your lawyer AND your doctor.) If you’ve been lucky enough to avoid accidents so far, please continue to stay safe! Wear bright colors and reflectors, avoid walking at night or while texting, and always double-check your surroundings before crossing the street.

EASY TUNA POKE BOWL

Inspired by TheKitchn.com

This protein-packed recipe is the perfect dinner for two on a hot summer night when you don’t want to turn on the oven.

INGREDIENTS

• • • •

2 tsp soy sauce 1 tsp sesame oil 2 tbsp orange juice

• • • • •

1 scallion, finely chopped 1 cup rice, cooked and cooled

1/4 cup avocado, cubed

1-inch piece fresh ginger, peeled and minced 10 oz canned tuna, drained 2 tbsp cilantro leaves, chopped

4 cherry tomatoes, quartered

1 tbsp sesame seeds

• •

DIRECTIONS

1. First, make the dressing. In a jar, add soy sauce, sesame oil, orange juice, and ginger. Secure the lid and shake until emulsified.

2. In a small bowl, empty the drained tuna and pour the dressing over top. Add the cilantro and scallions and stir until well coated.

3. Divide rice between two serving bowls. Top with the dressed tuna, avocado, tomatoes, and sesame seeds.

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

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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 KEY TO UNDERSTANDING YOUR DECISIONS A NICE CUP OF WATER IN THE MORNING? 5 STEPS TO TAKE WHEN PULLED OVER FOR A DUI

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EASY TUNA POKE BOWL

THE DANGER LEVEL IS RISING ON SAN DIEGO STREETS

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THE SUPER BENEFITS OF YOGA

THE SUPER BENEFITS OF YOGA

June 21 is International Yoga Day, which makes it a great time of year to talk about the unique benefits of yoga — the “superfood” of fitness. As a mixture of exercise and mindfulness, yoga is not only challenging but also has myriad health benefits. Many people assume yoga is mainly useful for increasing your flexibility. However, it’s also excellent for further developing your strength, mobility, and balance. These can be key benefits for living a healthier lifestyle, whether you’re an athlete or concerned about aging. Kaitlyn Hochart, a yoga instructor from San Diego, California, writes on Healthline, “During yoga, your body goes through a full range and variety of motion that can counteract aches and pains associated with tension or poor postural habits.” Yoga can help you become more aware of these habits, “[allowing] you to fix these imbalances and improve overall athleticism.” Many forms of exercise are useful against depression and cardiovascular disease, but in yoga’s case, you don’t have to break a sweat to start benefiting from its stress-relieving properties. “The breathing exercises you practice during yoga can help lower your heart

rate and shift your nervous system into a more relaxed state. It also promotes better sleep and increased focus,” Hochart writes.

Multiple studies agree: Yoga can significantly decrease the secretion of cortisol, the primary stress hormone. In one study, 64 women with post-traumatic stress disorder (PTSD) participated in a 10-week program, performing yoga at least once a week. By the end of the 10 weeks, 52% of participants no longer met the criteria for PTSD at all. As with starting any new hobby or regular exercise, it may help to set clear goals for yourself. By doing yoga regularly, there are several physical improvements you can look forward to, such as:

• • • • •

Improved range of motion or ease of movement A reduction in pain, discomfort, or other symptoms An increase in physical strength and endurance

Less weight fluctuation

Changes in the way your clothes fit

• Better-quality sleeping habits and increased or stabilized energy levels

One of the best qualities of yoga is that you can be of any age or fitness level. So, pull up a YouTube video, find a soft surface, and give it a try!

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

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