Law Office Daniel J Miller - May 2021

Law Office Daniel J Miller - May 2021

INYOUR DEFENSE

MAY 2021

757.852.3000 | LegalDefense.com

HELPED ME BECOME THE LAWYER I AM TODAY How My 7th Grade Science Teacher

When you think about the concept of mentorship, you probably think of a teacher who purposefully takes someone under their wing. That said, though, I think you can consider someone a mentor without them thinking you’re their mentee. All that means is you find a person with certain skills, behaviors, or other qualities worth emulating, and then you try to act like that person in order to be successful in your own life. For me, the first (and one of the most impactful) mentors I can think of was Mr. Johnson, my seventh-grade science teacher at Western Branch Junior High in Chesapeake. It might not be common to consider a middle school teacher a mentor, but after experiencing roughly 30 other teachers all through junior high and high school, they all seemed to pale in comparison. When I think back on the reasons that he and his class were so memorable, it wasn’t for any revolutionary reason. He simply did what he could to make the class interesting and keep students engaged in the material. He always seemed to have a reserve of jokes or interesting factoids that made class fun. One of the most memorable is this: Did you know that the FDA allows for a certain amount of rat feces and insect parts in every few ounces of peanut butter? I didn’t, at least not before I took Mr. Johnson’s seventh grade science class. On top of the endless fun facts, though, you could tell he really cared about his students. He put in the effort to remember everyone’s name. Now, I’m not a psychologist, but it’s safe to say that when you’re younger, you’re still figuring out the basics of who you are as a person. The older you get, you’re just fine-tuning your personality. Since I was in Mr. Johnson’s class pretty early on in my life, I think he had a fundamental impact on who I became as a person, just because I liked his class and he seemed to care about his students more than most other teachers. Because of his class, I actually started out my undergraduate years as a premed student. I ended up switching to philosophy after hating my first biology class, but just because of how great Mr. Johnson was, I was willing to give a degree in science a shot.

Even though I did not go on to medical school and become a doctor, I can still see the ways Mr. Johnson influenced how I do my job as a lawyer today. His levity inspired me to enter most situations, even fairly serious ones, with a joke or a way to make people laugh and relax a little. Sometimes, when I walk into a courtroom, the general mood is very serious and stagnant. That might be because the judge is on the fence about whether or not to grant the motion, making it hard for anyone present to relax. I’ve found, though, that more often than not, just telling some type of joke (when appropriate) can really lighten the mood. It might throw the demeanor of the room off balance, but it ultimately eases the tension.

To this day, I’m grateful for the influence Mr. Johnson has had on my life. You never know where you’ll find your best teacher or mentor!

– Daniel J. Miller

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T he L egacy of D ale E arnhardt

CONTINUES WITH SAFETY IMPROVEMENTS IN RACING

Known as “The Intimidator” to sportswriters who loved his rowdy personality and “Ironhead” to opponents who loathed racing against him, Dale Earnhardt Sr. forever changed racing in both his life and tragic death on Feb. 18, 2001, during the final lap of the Daytona 500. Today, Earnhardt’s legacy lives on through the racing triumphs of his descendants, like Dale Earnhardt Jr., and the safety protocols his death inspired. Earnhardt was born into a racing family in 1951 and made his NASCAR debut in 1975. He went on to win 34 races at the sport’s most popular track in Daytona, Florida, and record 76 career wins. Earnhardt’s style of racing was unparalleled, and most fans will never forget the 2000 race at Talladega Superspeedway where he barreled from 18th into first place over the final six laps. On that fateful day in 2001, Earnhardt was racing toward the finish line on the final lap — a first-place finish in his sights — when he collided with three other vehicles, rammed into the concrete barrier, and slid to a stop in the infield. Earnhardt was pronounced dead at the hospital that evening, the result of a skull fracture that happened within 80 milliseconds of the initial impact.

device along with their helmet to stabilize the body in an accident. It was a device that Earnhardt refused to wear due to its restraint and one that potentially could have saved his life had he been wearing it. The organization also instituted improved outer barriers and seat belts. (It was previously believed that a seat belt malfunction led to Earnhardt’s death.) Along with those improvements, NASCAR continues to update its safety measures. According to ESPN, the sport has also required drivers to wear full-face helmets, and vehicles are now outfitted with shock-absorbing foam to protect drivers’ bodies from the energy produced in an accident. The work NASCAR did to improve driver safety was on full display at the 2020 Daytona 500, when racer Ryan Newman’s vehicle hit the wall, flipped upside down, and was then propelled into the air before landing in the infield. The accident was horrific, and Newman had to seek treatment at a nearby hospital — but he lived.

Almost immediately, NASCAR made sweeping changes to the sport, including requiring drivers to wear a head and neck support (HANS)

“Those people,” Newman said to ESPN about those who made safety regulations a standard in the sport, “collectively saved my life.”

FOR SUMMER VACATION? S hould I C hange M y C ustody A rrangement

For families with children, summer break can be a welcome reprieve from the busy school year, full of sports practices and extracurricular activities. For parents who are separated or divorced, one parent with custody and the other with visitation rights, summer vacation can bring with it questions about changing up the custody arrangements for the summer. If this situation best describes you and your ex-spouse, below are a few different arrangements with their pros and cons. KEEPING THE SAME CUSTODY SCHEDULE Some parents may elect to keep the same schedule, whether because they feel their kids are comfortable with the established routine or because it’s most conducive to their work schedules during the summer. However, one drawback of maintaining the same custody schedule is that it might make planning difficult for vacations, summer camps, day cares, or other activities that might not come up during the school year. SWITCHING OFF EVERY WEEK If one parent has custody and the other has visitation rights, then switching off every week during the summer might be a good idea. Children spending equal amounts of time with both

their parents encourages healthy development, and switching off regularly can make it easier to plan vacations. However, making that weekly switch can be complicated and expensive, especially for working parents. CHILD LIVING WITH NONCUSTODIAL PARENT When parents live in separate cities or states, sometimes the best plan of action is for their child to live with the noncustodial parent for the summer. Your child could really benefit from spending that time bonding with the noncustodial parent, and summer is the best time to adapt to a new environment without the pressures of school, sports, and extracurricular activities. However, children could also have trouble reestablishing that bond with their noncustodial parent, and the custodial parent might have a hard time being separated from them for so long. These aren’t the only options you have as parents, but they should get you thinking about what arrangement might be best for your child. If you have any questions, concerns, or disagreements with your spouse over summer custody, call the Law Offices of Daniel J. Miller at 757.517.2942.

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Keep Your Children’s Best Interests in Mind

BY AVOIDING THESE 4 CHILD CUSTODY PITFALLS

Determining child custody arrangements is often one of the most difficult aspects of the divorce process. Each parent understandably wants to spend as much time with their children as possible, and emotions can run high during the process. However, regardless of what you might be feeling in the moment, here are a few pitfalls to avoid in a child custody battle. BEING INCONSIDERATE OF YOUR EX-SPOUSE’S SCHEDULE You know your ex-spouse’s work schedule. So, demanding that you see your kids when it won’t work for their schedule isn’t going to get you anywhere. Instead, try to compromise. If you’re adamant about spending certain holidays with your kids, offer another holiday for your ex-spouse to take the kids. MAKING THREATS Threatening to withhold visitation puts unnecessary stress on the custody process. Remember, whatever problems you and your ex-spouse have, each of you has the right to spend time with your kids. It also doesn’t look good to the courts when you make threats, and it can lead to more custody time being awarded to your ex-spouse.

MAKING UNREASONABLE DEMANDS You can’t demand that your former spouse only participate in certain activities with your kids. When they’re together, they have the right to fully enjoy their time together. In fact, courts believe the ideal situation for the children of divorced parents is for them to have a loving relationship with both parents. MAKING FALSE ACCUSATIONS Again, accusing your former spouse of something they didn’t do will only exacerbate an already difficult process. The courts do not look kindly on false accusations, and you could be penalized for lying in order to prevent your children’s other parent from getting custody. Divorce is already hard on children, and letting your negative feelings toward one another get the best of you is not in their best interest. You should make every effort to ensure your children are happy and secure. If you need assistance with your child custody case, the legal team at the Law Offices of Daniel J. Miller would be happy to help. Call today at 757.517.2942.

SUDOKU

SHAVEDASPARAGUS SALAD

Inspired by ACoupleCooks.com

INGREDIENTS

• 1 lb asparagus spears • 1 tbsp lemon juice • 1 tsp Dijon mustard • 3 tbsp extra-virgin olive oil

• 3/4 cup Parmesan cheese, grated • 1/2 tsp kosher salt • 1/8 tsp red pepper flakes • Freshly ground black pepper, to taste

DIRECTIONS

1. With a vegetable peeler, shave each asparagus spear from tip to base. This is easiest to do if the asparagus is on a flat surface.

2. Place shaved asparagus in a bowl and blot off excess moisture with a paper towel.

3. In a separate bowl, make a vinaigrette by whisking together lemon juice, Dijon mustard, and olive oil.

4. Pour vinaigrette over shaved asparagus and add Parmesan cheese, salt, red pepper flakes, and black pepper. Toss to combine. Taste and adjust seasonings.

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VALUABLE LESSONS FROM MY 7TH GRADE SCIENCE TEACHER PAGE 1 THE MAN WHO CHANGED RACING FOREVER OPTIONS FOR CHANGING YOUR CUSTODY ARRANGEMENT THIS SUMMER PAGE 2 AVOID THESE 4 CHILD CUSTODY PITFALLS SHAVED ASPARAGUS SALAD PAGE 3 THE SUPPORT YOUR POSTURE NEEDS PAGE 4 INSIDETHIS ISSUE

3 TOOLS TOHELPYOUPERFECTYOURPOSTURE STRAIGHTENTHESLOUCH

FORME Wearing both a corrector and a bra can be uncomfortable, which is why Forme is perfect for anyone hoping to avoid that discomfort. The Forme sports bra offers an under-bust band for posture improvement and also includes eight functional panels to help you stay comfortable, especially during physical activity. You can find this and other health- conscious clothing items at Forme.science. ASPEN If you need lower-back support, this posture corrector is a great choice. Easily fitted under or over clothes, this device can ease back pain caused by fatigued muscles, spasms, or flare- ups in addition to offering lumbar support. The Aspen Lumbar Support is completely adjustable, so you are in control of the amount of pressure applied. To learn more about this item, visit the Aspen website at AspenMP.com.

Slumping our shoulders is a form of poor posture that often results in neck, shoulder, and back pain. It can be a hard habit to break, so sometimes people need a little more than self-correction to improve their posture. Enter posture correctors: tools specifically designed to help correct a person’s posture. Though they should not be used regularly, they can help remind your body of what a correct posture is and how to maintain it without support. Here are three correctors that can help you. TRUWEO This supporter is for anyone who is on a small budget and looking to improve their posture. The Truweo posture corrector is used by wrapping around the shoulders — both over and under clothing — and can be adjusted for optimum comfort. It is lightweight, breathable, washable, and can be worn for all activities. Whether you are sitting at a desk, working out, or walking, Truweo will be there to offer you the extra support you need. Find it now on Amazon!

help you choose the best option for this journey of posture correction and overall health improvement.

Before deciding which corrector you should use, talk to your doctor. They can

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