july 2016 monthly inspiration kpd connect · 7/7/2016  · should be drinking a day would be to...

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KPD CONNECT July 2016 Monthly Inspiration “As we express our gratitude, we must never forget that the highest appreciation is not to utter words, but to live by them.” -John F. Kennedy Practice Civility in the Law BY: BOB KOPKA Don't you just hate it when the opposing attorney refers to us or our clients as "the bad guys"? Aren't we similarly fired up when we think that plaintiffs are exaggerating their injuries and making claim for money they are not entitled to? How should we react when opposing counsel introduces some extraneous, unfounded accusation or accuses us of delay or deceit in discovery, forcing us to explain to the court that counsel is stretching the truth? For goodness sake, what happened to civility in the law? Well, it is alive and well and practiced by the paralegals and attorneys at Kopka Pinkus Dolin. We treat everyone with respect, don’t we? Even the under-deserving plaintiffs' counsel! Seriously, there is no occasion, no possible justification for insulting another counsel or their client. None! It will not advance your case or your position. Ever! It will only cause you and your client needless delay and cost. Always! This is true, whether we are speaking to the subject of our disdain or about them. We should refrain from disparaging opposing counsel or their client, whether in court or in a deposition, in our office or in internal emails, whether warranted or not. We should make civility in the law a habit. Follow the rules. Seek appropriate extensions and file motions to compel when necessary. Stay positive. Be gracious. Grant extensions when you can. Our job is, at its core, to remain civil on behalf of a client who doesn't have the professional training to remain civil. If you have ever been sued, personally, then you know what I am talking about. It sucks. Somebody is reaching into your pocket to take your hard earned money. Your first reaction is to sucker punch the guy, well deserved by the way, the first chance you have. That is to be expected of the client, but not of the attorney. You are a trained professional. You have to negotiate a resolution of this dispute and it is much harder to negotiate when you don't have a civil relationship with opposing counsel. Article continued on page 2.

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Page 1: July 2016 Monthly Inspiration KPD CONNECT · 7/7/2016  · should be drinking a day would be to divide your body weight by two. For example, 150 lbs. ÷ 2 = 75, 75 ounces would be

KPD CONNECT July 2016

Monthly Inspiration

“As we express our gratitude, we must

never forget that the highest appreciation is not to utter words, but

to live by them.”

-John F. Kennedy

Practice Civility in the Law

BY: BOB KOPKA

Don't you just hate it when the opposing attorney refers to us or our clients as "the bad guys"? Aren't we similarly fired up when we think that plaintiffs are exaggerating their injuries and making claim for money they are not entitled to? How should we react when opposing counsel introduces some extraneous, unfounded accusation or accuses us of delay or deceit in discovery, forcing us to explain to the court that counsel is stretching the truth? For goodness sake, what happened to civility in the law? Well, it is alive and well and practiced by the paralegals and attorneys at Kopka Pinkus Dolin. We treat everyone with respect, don’t we? Even the under-deserving plaintiffs' counsel! Seriously, there is no occasion, no possible justification for insulting another counsel or their client. None! It will not advance your case or your position. Ever! It will only cause you and your client needless delay and cost. Always! This is true, whether we are speaking to the subject of our disdain or about them. We should refrain from disparaging opposing counsel or their client, whether in court or in a deposition, in our office or in internal emails, whether warranted or not. We should make civility in the law a habit. Follow the rules. Seek appropriate extensions and file motions to compel when necessary. Stay positive. Be gracious. Grant extensions when you can. Our job is, at its core, to remain civil on behalf of a client who doesn't have the professional training to remain civil. If you have ever been sued, personally, then you know what I am talking about. It sucks. Somebody is reaching into your pocket to take your hard earned money. Your first reaction is to sucker punch the guy, well deserved by the way, the first chance you have. That is to be expected of the client, but not of the attorney. You are a trained professional. You have to negotiate a resolution of this dispute and it is much harder to negotiate when you don't have a civil relationship with opposing counsel.

Article continued on page 2.

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Recent Case Successes

Therefore, always practice civility in the law. Stay positive. Allow insults and barbs to roll off your shoulders like a short rain shower that will soon pass, yielding to a bright and sunny day. Perceive such tactics for what they are: the tactics of poorly trained, undisciplined lawyers who haven't the intellect or professionalism to avoid such bad behavior. Never sink to their level and avoid even a momentary lapse. You will find that when you decide to never insult another lawyer or their client, then you will walk tall, feel better and become a much more effective advocate for your client. When I lost my last trial, not only did I congratulate my opposing counsel in court, I also wrote her a personal handwritten note of congratulations and appreciation for the cordial relationship we maintained throughout the trial; a relationship which allowed us to conclude a high-low agreement mid-trial which our client desired. Why a handwritten note to opposing counsel? Why not? Are we likely to oppose her again? Of course. Did I make a deposit into the bank of goodwill with her and her firm? I believe I did. Her firm is one of the premier plaintiff's firms in Chicago and I am sure that she told her partners about the note and the relationship we maintained and I believe that the next time any of our attorneys oppose that firm, we will be able to make a withdrawal, if needed, from the bank of goodwill that I established a few weeks ago. So, let's make civility in the law a core value, an adjunct to our core value of being respectful always. It is not always easy, I know, in the face of so much boorish behavior that has become so common in our profession. Let's be change agents. Let's develop a reputation as the most civil, most professional firm in our practice area. It will assist us as well as our clients and give us a competitive advantage in our business. More importantly, it is the right thing to do.

Practice Civility in the Law (continued) BY: BOB KOPKA

Leslie Pollie Partner

Indianapolis Office

Matt Jankowski Senior Attorney

Leslie Pollie and Matt Jankowski received a defense verdict for Select Comfort within 20 minutes of jury deliberation. The Plaintiff claimed to receive a mattress infested with beg bugs from the insured. Needless to say, plaintiffs won’t be pestering us anymore! And we heard the jury had lunch before they voted for our side!

Farmington Hills Office

Kevin Plagens Partner

Kevin Plagens successfully settled a third party State Farm case where plaintiff’s demand was $45,000. He remained firm with his offer of $3,000 and plaintiff’s counsel settled a week before trial. Now that’s backbone!

Kevin Plagens also was granted a motion to set aside the default judgment of $775,000 for Sentry. Kevin received the matter after the default was entered but Kevin got it set aside. Great job, Kevin!!

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Speaking Engagements

Healthy Habits BY: MONICA HAGMAN

Summer is finally here and it is a perfect time to introduce and maintain healthy habits! There are several measures to take towards a healthier lifestyle which include, tracking your food intake, annual physicals, relieving stress and just staying active. Being active is a key component in maintaining a healthy lifestyle. At least 30 minutes of aerobic activity, muscle strength and/or stretching a day can boost energy and keep your body in shape. This can be achieved by everyday activities such as swimming, riding a bike, using the stairs instead of the elevator and taking a walk at lunch. Remember, no gym membership is required to stay active! Watching our daily intake is also an important part of our health. Staying hydrated is key, which means lots of water, fruits and vegetables. A fast way to figure out how many ounces of water we should be drinking a day would be to divide your body weight by two. For example, 150 lbs. ÷ 2 = 75, 75 ounces would be the appropriate amount of water needed to stay hydrated. A water bottle holds 16.9 ounces, which means you would need to drink 5 bottles of water per day. I know the thought of drinking 5 bottles of water a day is overwhelming, so mix it up. Adding fruits or veggies to your water is a simple and healthy way to change the flavor and help you get your required daily water intake. For example, a couple of ladies in our office have been adding lemon and mint to their water, sounds refreshing! Try to be conscious of the foods and drinks you consume daily as this contributes to your mood and energy.

Sheri Bradtke McNeil

CLM Municipal Law Conference Recent Developments in Qualified Immunity for Law Enforcement Officers

Boston, MA

July 14-15, 2016

Gene Pinkus

June 15, 2016

Indianapolis, IN

Allstate Insurance SIU Investigations-Using Social Media

Make sure to get your annual physicals. Our health plans offers preventative care services, which encourages physicals and any other medical screenings necessary to maintain a healthy life. It is important to have a primary care physician for annual physicals and continued care to detect any early signs of disease. Like anything, catching signs early may save your life. Article continued on page 4.

Welcome to the Team!

Brianne L. Scott Associate Attorney Chicago Office

Danya Houghton Paralegal Farmington Hills Office

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State Runner-up Healthy Habits (continued) BY: MONICA HAGMAN

One last healthy habit everyone should take seriously is finding an activity that can help reduce the stress your body carries around daily. This could be a nice walk on your lunch, yoga, maintaining a garden, painting, reading, stretching; the list of possibilities is endless. We all are busy and may not think there is time in our schedules allowed for such activities, however, simply taking a couple of minutes per day to clear your mind can do wonders for your overall health. As we continue to enjoy this beautiful weather I encourage everyone to get active, try something new, create Zen time for yourself and take your health seriously as it is never too late to start new healthy habits.

Congratulations to Abbey Kapitan who finished 2nd, state runner-up for the second time in two year at

the Indiana State track finals throwing 45’ 8” in shot put.

Her personal record is now 46’ 1”.

Laura Guzman in our Buffalo

Grove Office welcomes her new grandson,

Noah Alexander.

Special Delivery

Farewell

A New Addition

We are also pleased to announce, Laura is now a full

time employee with KPD!

Best of luck to Natalie Forte from our Indianapolis office on her new

adventures!

Yes, she will miss the “Randy-isms”.

Congratulations to John and Mary Brinks on the new addition to their family! Remi was born on February 25, 2016 and her adoption

was finalized on June 20th.

As you can see, Allie is very excited to be a big sister!

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Happy Birthday!

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Genny Richardson

Rhonda Smith

Steve Bannwart

Nichole Rogers

Tom Ehrhardt

Leslie Pollie

Marie Melancon

Deanna Chase

Linda Hedger

Leslie Richter

Oliva Panozzo

Beth Simmons

Sheri Bradtke McNeil

Terri Kohler

Dianna Torres

Cristen Fish

Sue Dunn

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Chi

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Indy

FH

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BG

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Indy

Andrew Ellbogen

Tricia Bellich

Ann Mathis

Brooke Riffell

Jerry Newman

Ann Hourihan

Rhonda Smith

Dana Purvey

Arelia Bennett

Martha Velasquez

Chi

CP

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YEARS

Step into the Spotlight: Laurel Stewart

Laurel graduated from Valparaiso University with a BA in Sociology and Criminology. After working in the insurance adjusting industry for close to seven years she made the decision to go back to school to become a paralegal, and graduated with an Associate of Applied Science in Paralegal Studies. Laurel began her career at Kopka Pinkus Dolin as a legal assistant to the paralegals in September of 2014. A year later she made the switch to a paralegal position. Laurel is truly grateful for the way the other paralegals in the office took her under their wing and helped with her training. She can honestly say that she really enjoys her job, and all that she has learned along the way. Laurel and her husband, Justin, met in college and have been married for a little over five years. They have a beautiful and spirited seven year old daughter named Kyla. Kyla keeps them very busy with her soccer, basketball, volleyball, and choir practices. Their happy family also consists of two dogs named Geno and Smoke. When Laurel manages to find extra time, she loves to shop, read, watch movies, and take walks with her dogs. She has recently developed an interest in cooking, not baking, and is always open to a good recipe. Although she has not yet established a specialty dish, she enjoys making lasagna and other delicious comfort foods.

Happy Anniversary!

Laurel Stewart, of our Indianapolis office, grew up living overseas, and traveled extensively due to her father’s job as a Manager of Total Cost Management at Delphi Automotive. She has been to Germany, England, Norway, Denmark, Spain, France, Belgium, the Netherlands, Poland, Austria, Czech Republic, Hungary,

Slovenia, Italy, and Mexico. In fact, she attended an International School from the age of 12 until she was 16 years old. Laurel began studying German in middle school, and continued the lessons through college. Of all of the places that she has traveled, Laurel’s favorite was along the Mediterranean coast of Southern France because of the beautiful scenery and the exceptional shade of blue in the water.

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Always Volunteering There’s Something About Brooke

1. I was born in Rochester, IN…I’m not really “from” Missouri!

2. I spent a summer abroad attending Oxford University in England and traveled to Ireland, the Netherlands, Belgium and France.

3. My first job was working for a chiropractor.

4. My dad is freakishly tall at 6’9”…I did not get those genes.

5. I worked as a legal secretary before going to law school.

6. I volunteer for the Folds of Honor, raising money for families of fallen soldiers.

7. I once played softball, basketball and ran long distance races.

8. I love the lake life…water skiing, jet skiing, and boating.

9. I recently visited San Francisco and toured Alcatraz.

10. I met the Goo Goo Dolls backstage after a concert.

Brooke Riffell, a partner in our Crown Point office, shared ten facts about herself that we may not have known.

Picture of the Month BY: DAVID KOPKA

Janet Markfull in our Crown Point office volunteered with her 2 nephews for the Greater Chicago Food Depository at the National Restaurant Association show. From the donated food, they had

enough to make over 49,500 meals!

Compliments, They Never Get Old

Jacqueline Clarke in our Farmington Hills office received this email from an adjuster: “Your firm is one of my favorites to use. I have found all the attorney's to be responsive and I have had several excellent results in the 6 months I have been on the account.”

Paralegal Dinner

Bob and Donna stopped in at Farmington Hills and treated the

paralegals to dinner.

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A “Healthy” Competition

Since Monica’s article “Healthy Habits” suggested ways to reduce stress, we thought we would embrace a trendy way of reducing stress - coloring. The act of coloring is considered to be a calming distraction from hours spent typing, swiping and staring at screens. As such, we thought we could have a little fun and create a contest. If you would like to participate, please submit your entry of the below picture to the Marketing Department no later than Monday, July 25th. The winner will have the bragging rights and be featured in next month’s newsletter. Let the coloring begin!