Martin, Zimmerman, and Hearsay

Regardless of your personal opinion about what happened between Trayvon Martin and George Zimmerman, you weren't there. I wasn't there. Any information that you form your opinion on regarding this tragedy is hearsay. No matter how right you think you are that George in fact did/ did not act in self-defense, your belief is based on second-hand information. This information has been tainted, to some degree, as it's been passed down to you.

What blows me away about this tragedy is our ability to form an opinion, and steadfastly hold to it, all while relying on this second-hand information, hearsay.

Perhaps "innocent until proven guilty" is a time-honored adage we merely now pay hollow respect to. We think it's a good concept in theory, but when it comes to the practical application, we throw it out the window.

If you've formed your belief as to whether George Zimmerman was acting in self-defense, that's fine. But for those that go out of their way to malign the application of objectivity and would seek to have George Zimmerman arrested, prosecuted, or whatever, without actual first-hand knowledge of the transpiration of the tragic event, please shut up.

Do I have a case?

"Do I have a case?"

I am asked this question every day. While legal ethical rules prevent me as a law student from answering the question on its face, I can ask questions to see if our firm is interested in possibly taking on the case.

If there's anything I've learned in my short tenure working for a law firm, it's that people's expectations often far exceed the reality of their situation. Law, like every other business, comes down to customer service. When your customers have overblown expectations from the beginning, it's imperative that you insert realism immediately. Otherwise attempting to correct their expectations becomes a hopeless effort, and no amount of money will ever bring them "justice". They will forever retain the chip on their shoulder.

For these types of clients, lawyers are really just glorified babysitters. Perhaps it's the Bart Durhams and Hughes & Colemans, displaying glorious sums of money with puffed-up promises of justice that are the problem.

One of my worst pet peeves is someone asking, "What are my rights?". This question confuses criminal and civil law (Yes, you have a right to a jury trial in a civil matter under the 7th Amendment, but that's about it). It immediately tells me that this person will be difficult to deal with. They've seen too many lawyer commercials.

One of the worst things to do when calling a law office is to argue with the paralegal or lawyer about why you think you have a case. At our office, we have over 100 years of collective legal experience and it amazes me when a person voluntarily inserts themself into a legal argument with myself or our staff having little or no understanding of the law. Besides raising the red flag that we don't want you as a client, you come across as an idiot.

Practicing/working in the legal field can be tolling. Clients aren't always appreciative and sometimes accuse you of mishandling their claims when in fact the client really didn't have a strong case to begin with.

The most important lesson I've learned is to have the attitude of a servant. This includes not belittling those who lack legal understanding even when it's extremely warranted. It means smiling as a client yells through the phone that you're not doing a good enough job.

The kind words of thanks of appreciative clients make it worth it, and you have the satisfaction of knowing you guided your fellow man through a long, complicated process and achieved for them a favorable result.

Actually, 15 Minutes or Less Can Cost You...

     The majority of calls I receive at my job are from people involved in car accidents. The biggest problem besides who's at fault is whether the at-fault driver had insurance. If not, then the the not-at-fault driver must have uninsured/underinsured motorist coverage, often referred to as UM Coverage, before I can discuss our firm representing them. I'm using this post to get on my soapbox and plead with you to make sure you have enough UM coverage on your policy.

     For most people, UM coverage is an afterthought. They want enough liability so they can't be personally sued, but don't fully consider the results in the event that they're hit by someone who has no insurance at all.

     For example, John Smith has $100,000 per person/$300,000 per incident liability coverage, which these days is adequate at best. But he decides to skimp on his UM, and elects for $25,000 per person/$50,000 per incident UM coverage. Years go by and John one day has a head-on collision caused by the approaching car veering into his lane improperly. John and his wife sustain life-threatening injuries and have to be transported to Vanderbilt's Trauma Center via Life-Flight Helicopter, which costs approximately $25,000-$35,000 per person. 

     Unfortunately for John, the at-fault driver allowed his insurance policy to lapse. John must now rely on his UM coverage, but only has $50,000 of UM coverage for his wife and himself. The Life-Flight bill alone has devoured this entire $50,000. It takes John and his wife four weeks in the trauma center to recover, now they face six-figure hospital bills, for which there's no remaining insurance to cover.

     Sure, John can sue the at-fault driver, but that driver likely won't have any assets because his house is mortgaged and car is financed. You must have something of value that doesn't have any loan/lien/mortgage against it in order "connect" it, or execute it upon a judgment. Sure you can sue the guy, but at the end of the day you have a worthless judgment if you can't execute on it.

     I cannot tell you how many John Smiths I talk to on a weekly basis. I cannot begin to describe the heart-ache of lost jobs, homes, and utter financial ruin that I hear all the time. You can literally hear the regret in their voice from having purchased "cheaper" insurance.

     Check your UM coverage and make sure it's enough to adequately cover YOU AND YOUR FAMILY! I personally recommend at least $100,000 per person/$300,000 per incident. UM coverage is relatively cheap and in the unfortunate event another driver causes an accident in which you are involved and doesn't have insurance, you are covered.

     Finally, by TN law your insurance company cannot increase your insurance premium if you end up filing a UM claim. There is literally no downside to having a lot of UM coverage.

Steve Jobs and how Apple overtook my house

I absolutely devoured Walter Isaacson's biography on Steve Jobs, finishing it in six days. I am fascinated with the process of reading, watching, whatever of someone's rise to success. I finished the book with mixed feelings. Jobs basically abandoned his first daughter, only trying to reconnect with her later on in life. He was infamous for having an explosive temper in pursuit of relentless attention to detail. However, the result of this pursuit produced some of the most beautiful, innovative products to date.

What amazed me the most was Jobs' ingeniousness in design. There was no market research into what shape and color a product it should be. Simple and beautiful were Jobs' passion for his products.

I remember my first year in law school when I first saw it. My friend's aluminum Macbook. It looked more expensive than any other laptop I'd ever seen. It was also a sleek, simple design. I immediately wanted one, but I had never owned a Mac.

Fast forward a year later and I bought my first MacBook, a used white 2006 model. I spent an entire day learning the OS and fell in love with Apple's layout. Where on a PC, I had to go through 10 steps to make one change, on my Mac it took 2 steps. It was simple, not intimidating.

I continued to enjoy my used Mac, but quietly desired my friend's aluminum model. A year later, I upgraded to the black Macbook. Later that year, I got an iPhone. Dragging songs and playlists onto my iPhone was a breeze. I loved the iOS layout. My daughter, Violet, soon fell in love with my iPhone, enjoying the kids apps like piano and drawing.

The next summer, my wife needed a home computer. I lovingly pushed the idea of an iPad. We got her the iPad 2 last summer.

I finally got my coveted aluminum MacBook earlier this year. The sleek aluminum design and build is more visually appealing than any other manufacturer right now.

The beauty of Apple products lies in the fact that my two year old can successfully operate an iPhone and iPad, opening apps, playing them, scrolling through them, and returning to the main screen when needed. For a kid whose attention can't be held for more than thirty seconds, she'll spend 30 minutes playing with my wife's iPad uninterrupted.

Additionally, the build quality of Apple products is phenominal. I have no qualms purchasing used Macbooks, because they rarely have any issues. I previously had a Dell laptop, purchased new for me from my parents, that worked wonderfully for a year. Then I started getting the "blue screen of death" for no apparent reason.

In Isaacson's book, he thoroughly addressed Jobs' persistence in creating a closed loop design, that the software and hardware be tightly integrated with no allowances for intrusion. While Microsoft made billions in licesning its software, Apple OS was strictly for Apple. This tight integration created a secure user experience, granted a sheltered one.

Personally, I prefer a more "closed loop" system. I quicky grew sick of viruses that daily plagued my PC. Since owning Mac products in 2010, I've never had a single instance dealing with a virus, on any device. I know many people like the customization apsect of Windows and Android devices, but to each their own.

Jobs was far from perfect, not the best father and husband that walked the earth. But he was a visionary, he stressed beautiful design and ease of use. He saw the future and demanded people follow him there with his products. He created a computer and phone that a two year old could successfully operate, no small feat.