The Mottley Law Firm - August 2021

The Mottley Law Firm - August 2021

08/21

THE MOTTLEY CREW REVIEW

www.MottleyLawFirm.com | (804) 823-2011

PUTTING THE WORLD ON MUTE

HOW I D I VE INTO ( AND RESURFACE FROM) EACH B IG CASE

As I write this, I’m just wrapping up an intense, five-month-long legal battle. The case was a doozy. It involved at least 15,000 pages of material passed between lawyers, and while I was working on it, my job was to store every single one of those pages in my brain. I don’t have a photographic memory, but I do have something else that helps me dig into huge piles of paperwork: an obsessive personality. For me, starting a new and complicated case is like diving into deep water. Everything else goes quiet, and a new world opens up for me to explore. The case becomes my reality. I eat, sleep, and breathe it for as long as it takes to win. My cases fascinate me. I enjoy immersing myself in all of the details and getting to know my clients’

I love immersing myself in my cases. But it also feels to finally settle a case after obsessing over it for months. Think about the biggest, scariest exam you took in high school or college. Then, think about how it felt to turn the test in and push open the school doors for the final time. That joy of, “I’m done, it’s summer, and I’m on vacation!” is nearly as sweet as a settlement. Nearly. There definitely might be a healthier way to tackle big cases, but this method of obsession works for me and my team. We pride ourselves on being very selective in the cases we handle, and we give every single case the time, attention, and detailed exploration it deserves. We believe that’s the best way to maximize the value and win our clients as much compensation as possible. Usually I have more than one case in the pipeline, but I’m only hot and heavy on one at a time. When you need me, you’ll get 100% of my attention. It’s the only way I know!

families, friends, doctors, as well as studying recent medical records, entire medical history, life story, and what makes them tick. This helps me tell a great story in court and build the most compelling case possible. Learning about the time you dislocated your toe as a kid or the name of your eighth grade teacher might not help the case, but you never know! I think obsessiveness is the secret to my success as a lawyer. After all, other obsessives have hit it big! Einstein was obsessed with physics and developed the theory of relativity. Steve Jobs was obsessed with design and created Apple. I’m not saying I’m the Steve Jobs or Einstein of the legal field, but thinking about my cases all the time — including while I eat breakfast, walk my dogs, and try to fall asleep at night — has helped me come up with big breakthroughs. (The biggest downside of this method is that it requires a very patient family.)

–Kevin Mottley

www.MottleyLawFirm.com | 1

THE DOG DAYS OF SUMMER ARE HERE!

STAY SHARP AS YOU AGE

MEET KEV IN ’ S PUPS , WINSTON AND QUINCY

August is part of the dog days of summer, so this seemed like the perfect time to introduce you to the Mottley family pups: Winston and Quincy. Winston (aka Winnie) is a 2-year-old Samoyed. He was bred to pull sleds in the Arctic, so he has a beautiful white coat and big black eyes. Unfortunately, the dog days of summer aren’t Winnie’s favorite time of year. When things heat up, his thick fur becomes a liability. He spends most of his time laying on top of the AC vents in our house. It’s a comical sight since he likes to lounge on his back with his feet in the air! In the winter, Winnie perks up, and his favorite thing to do is play with his toys. He has a massive toy basket, and when he gets into a playful mood, he acts like a kid with a toy chest. He’ll prance over to the basket, rummage around, and come up with the toy of the day in his mouth. Sometimes he gets bored with his options and steals stuffed animals from my daughters’ rooms. Then, he buries the spoils in his toy basket! Our other dog, Quincy, is just as clever. I’ve nicknamed him “Q” after the gadget guy from the James Bond movies. He’s a 12-year-old white bichon frise, but he still acts like a puppy. Most of the time people train their dogs, but somehow, Q has trained us. First, he somehow convinced me to let him sleep in the bed. Then, he roped me into a silly nighttime routine. At bedtime, he’ll come and sit at my feet, begging me to go to bed. Then, when I get up to do it, he’ll refuse to climb the stairs until I give him a treat! I’m not sure how we got into this pattern, but he definitely has me wrapped around his little paw. Do you have a pooch of your own at home? My team and I would love to hear about them. Post a photo on Twitter and tag us ( @MottleyLawFirm ) or send us a message on Facebook ( Facebook.com/MottleyLawFirm ).

While you may be happy for the years of wisdom you’ve gained since being in your 20s and 30s, you might be missing the mental sharpness you once had. Why not have the best of both worlds? Scientists have found that the human brain changes with age — neurons fire more slowly, for example, and short- term memory recall can be more challenging — but that we often underestimate our capacity to continue learning as we grow older. Negative stereotypes about aging can reinforce these beliefs. However, new research is showing that older adults who’ve committed to immersive study of a new subject show brain function akin to someone 30 years younger. This goes beyond the tired advice to do a crossword puzzle or work a sudoku puzzle every day. The participants in this research study were learning entirely new-to-them subjects, like how to speak a foreign language, use a new piece of technology, or make art.

Convinced of the benefits but not sure where to turn to learn? Try these two sources.

Most colleges are designed with the traditional, 20-something college student in mind, which may not appeal or be a great fit for adults in their 50s, 60s, and beyond. But many universities are starting to cater to an older crowd with lifelong learning programs. One example is the Osher Lifelong Learning Institute at the University of Washington (UW). UW’s program offers a full course schedule on subjects in the arts, sciences, and current events taught by qualified faculty and provided at an affordable rate. There are over 100 such programs at universities across the U.S. Have a longtime dream to write children’s books? UC San Diego Extension has a certificate program for that! If you’re looking to dive into a single subject or perhaps you’d like to continue working in retirement or shift gears later in your career, certificate programs are a great option. No previous education is required. Most certificate programs are open to all, typically run for less than a year, and easily accommodate part-time learners. Celebrate your years of hard-earned wisdom but commit to keeping your brain young by going back to school this fall.

2 | (804) 823-2011

T HE T RU T H ABOU T RECOVER I NG Y OUR A T T ORNE Y ’ S F EE S

When you’re fighting a legal battle over a business or estate dispute, the attorneys’ fees can mount quickly. These cases are complicated and take quite a bit of our firm’s time (see Page 1 for more on how immersed I get in my cases). Considering that, it’s no surprise clients often ask me, “If I win my case, can I recover my attorney’s fees?” As a general rule, here in America when someone files a lawsuit, they’re responsible for paying their own legal fees regardless of who wins. In other words, the answer to the question above is usually “no.” This is such a big part of our legal system that it’s actually known as the “American Rule.” However, there are a few exceptions here in Virginia. Exception No. 1: It’s in the contract. When parties enter into a contract, they can agree to include a provision that requires the losing party to pay the winning party’s attorney’s fees. This is called a “fee-shifting provision.” To put it simply, it means that if you sue for breach of contract , you can recover your attorney’s fees if you win. Sometimes you can also recover them if you lose. Exception No. 2: There’s a statutory provision. If your lawsuit is covered by a statute with a built-in fee-shifting provision, you can also recover your fees for attorneys. A few examples include lawsuits against homeowners associations and lawsuits challenging state agencies.

Exception No. 3: The other person breached a covenant not to sue. The Supreme Court of Virginia created this exception when it ruled on the Bolton v. McKinney case this spring. In that case, two parties signed a settlement agreement promising not to sue each other. Then, one of them sued anyway! The court found that since there was a breach of the agreement not to sue, the party that broke the covenant would have to pay the other party’s $80,000 in legal fees. Bolton v. McKinney isn’t the only Supreme Court of Virginia-created exception to the “American Rule.” There are others, too! My team and I are experts on all of them, so if you’re not sure whether you’ll be able to recover your fees, double-check with us.

SUDOKU

TOMATO AND WATERMELON SALAD (YES, REALLY!)

Bon Appétit magazine calls tomato and watermelon “soul mates,” and they’re right! This surprising gourmet salad will be a hit at your next barbecue.

INGREDIENTS

DIRECTIONS

• •

1 tsp peppercorns, coarsely crushed 1 tsp coriander seeds, coarsely crushed

1. In a small saucepan, sauté spices and herbs in the coconut oil for 3 minutes over medium heat to create turmeric oil. Take the pan off of the heat, then let it cool. 2. Combine the watermelon, tomatoes, and feta on a large platter or in a bowl. Drizzle with cooled turmeric oil. Now, simply sprinkle with sea salt and enjoy!

• • • •

1/2 tsp cumin seeds 1/2 tsp turmeric 1/4 cup coconut oil

SOLUT ION

4 cups seedless watermelon, rind removed and cut into 1/2-inch cubes

•

2 heirloom tomatoes, cut into 1/2-inch cubes 8 oz feta cheese, cut into 1/2-inch cubes

•

•

Sea salt, to taste

Inspired by BonAppetit.com

www.MottleyLawFirm.com | 3

PRST STD US POSTAGE PAID BOISE, ID PERMIT 411

8001 Franklin Farms Drive, Suite 125 Richmond, Virginia 23229

INS IDE THI S I SSUE

www.MottleyLawFirm.com | (804) 823-2011

1

Why Kevin Puts the World on Mute

2

Going Back to School Later in Life Meet Kevin’s Pups, Winnie and Q

3

The Truth About Recovering Your Attorney’s Fees Tomato and Watermelon Salad (Yes, Really!)

4

Meet Odin, the Fireproof Dog

MEET ODIN, THE FIREPROOF DOG

“I said, ‘Okay, Odin, take care of the goats. You’ll be fine,’” Roland Hendel told ABC News. Both Hendels were sure they were seeing their dog for the last time. Their hearts sank even further when they heard their home had burned down completely. But on a trip back to examine the ashes, something amazing happened.

In October 2017, California was in flames. One of those blazes was the Tubbs Fire, which charred its way through 36,800 miles of forests and vineyards in both Napa and Sonoma County. More than 5,600 buildings were destroyed, and 22 people were killed. But when the flames finally died, a four- legged hero emerged from the ashes: Odin, the Great Pyrenees dog. Odin belonged to Ariel and Roland Hendel, two farmers in Sonoma County. When the Tubbs Fire threatened to char their home, they packed up as many of their animals and precious items as they could. Unfortunately, their flock of goats wouldn’t fit in the getaway vehicle — and their goat- herding dog, Odin, refused to abandon them. Great Pyrenees are prized livestock guardian dogs that will do anything to protect their charges, and Odin lived up to his breed.

Unfortunately, even legends don’t live forever. This April, Odin passed away after a long life of tail-wagging, treat-eating, and goat-saving. In his honor, Great Pyrenees Rescue of Missouri gifted the Hendels two new Great Pyrenees pups: Buddy and Snowflake. They’re following in Odin’s pawsteps, protecting the goats he loved so much.

“In the distance, I saw Odin’s tail,” Roland told ABC. “Sure enough, there was Odin coming at the head of all his goats.” Not only did Odin survive the fire and run right up to the Hendels for belly rubs, but he also kept every single one of his goats safe! A few wild deer even joined the goats, and he shepherded them through unscathed. The incredible story made the news, and Odin became a local legend.

4 | (804) 823-2011