“Should old acquaintance be forgot, and never brought to mind?”

Friends:

Don’t blink, because before you know it, the holidays will be over.  The time of year that you wait eleven and a half long months to arrive is over in a heartbeat and it is back to the real world, the grind and struggle to get through the year.

The end of the year brings, however, renewed enthusiasm and hope for a fresh start in the new year and sparks reflective thought on what went right and what went wrong in the year that was.  A chance to clean the slate and a chance to change those mannerisms and habits that might have set you back.

I am not one to make New Year’s resolutions.  To me, I don’t think that change requires a start date other than “today.” Want to change things, start now, don’t wait for January 1.  What’s the common resolution?  It has to be the diet thing, right?  Get through the holidays, binge away on eggnog and yule logs and latkes and come January 1, hit the treadmill.  But it is so cold in January, who wants to get sweaty at the gym? Instead, wait until spring… nope, had to spend all winter indoors to keep warm so I’m not going to spend time in a gym, I’m going outside and enjoying the weather.  Summer?  No way, this is swimsuit weather and no dramatic changes in my body can occur in such a short time-frame, so let’s put it off a little longer.  Fall?  Fall might be the best time to work on it, but by then you are already looking forward to Halloween candy, Thanksgiving Pumpkin Pie, and then we are back to the holidays and if I am going to really enjoy all of the holiday goodies, why do I want to get in shape in fall, just to “fall” off the wagon again come December 1?

Well friends, for the first time in a very long time, I WILL be making a New Year’s Resolution.  No, it is not a diet thing, I worked on that starting in May and have enjoyed such a dramatic change that I don’t need to focus on that.

My resolution this year will be to stop procrastinating.  Procrastination is perhaps one of my least favorite words (along with catheter) and just gives me the willies.  It has such a nasty connotation to me, inferring laziness, lack of motivation, fear of the consequences of taking action.  It creates more stress, one of those things that if you had done it when it was first assigned, you wouldn’t be rushing to do it now.  Procrastination– such an ugly word from which no good can come.

I will choose instead to defer.  Nope, no more procrastination for me.  As a business owner we constantly avoid having to face uncomfortable situations.  But instead of procrastinating about them, take my advice and simply defer.  Don’t want to hold those employee review meetings?  Just defer to a later date.  Have to call the deadbeat client who owes money?  Defer it to next month or the month after.  Need to deliver some bad news?  Defer.

It’s an idea that came to me just this week.  As business owners, now is the time that year end planning ramps up.  Reviewing the books, checking out the potential tax affects and, if necessary, halting the collection of money, choosing instead to defer the receipt of income until next year.  Why pay tax on the income now when you can “defer” it to the next year?  But what is the difference between deferring and procrastinating?  Absolutely nothing.  Yet procrastination has such a negative connotation while deferring is not similarly perceived.  In fact, look up the definition of procrastination– to defer action.

Think of it this way: the deadline is 3 weeks away so you put off working on the project; 2 weeks go by, then you are down to the last few days and you start to work, rushing to get it done, cursing yourself for procrastinating.  Wait, rewind that!  Congratulating yourself for deferring until the last minute.  Ahh, it has such a more pleasant ring to it.

Of course, it doesn’t always turn out for the best, but nothing is ever guaranteed, right?  No son, I did not procrastinate about creating an estate plan, I simply deferred it to a later date.  It just so happens that I had that accident before the later date arrived… oh well, at least I didn’t procrastinate!  That would really make me look lazy and unmotivated.

And what does this mean for all of you?  Well, it means that I will no longer procrastinate about these weekly posts and wait until Sunday night at 11:00pm to begin work, racking my brain for subjects to discuss and praying that my bleary eyes can see enough of the spelling errors and grammatical defects so that I can blame “spell-check” if any appear.  I will simply defer the writing of these posts so that I have ample opportunity to consider the subjects I will discuss and properly frame my points.

Amazing how different the connotation is, just by virtue of the change in words.

But one thing that I will not procrastinate about, nor will I defer.  2011 is going to be the best year yet and it is my goal and my objective to assist each and every one of you in your endeavors.   On that I will neither procrastinate nor defer.  Let me help you.  It may not be that easy for me to decipher how to help you and it may require you to help me to help you, but you must call on me for that.  That is my ambition, that is my aspiration for the year.  Lean on me, I will be there for you.

Have a great week.  Have a Happy New Year.  Have a great and profitable 2011.  Don’t procrastinate, don’t defer, don’t wait for a specific date.  Do it now, make the change.

Rob

www.ahslawyers.com

www.robcohen13.wordpress.com

Twitter: robcohen13

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“At this festive time of year, Mr. Scrooge, it is more than usually desirable that we should make some slight provision for the poor and destitute.”

Friends:

I know, I know.  You’re thinking, “Not another Charles Dickens love fest!”  And you would be right, it isn’t.  But interestingly enough, apparently Oprah is reading my blogs, because she just chose two Charles Dickens books for her book list.  Great minds think alike? 

And speaking of great minds… I don’t know where they are.  Rumor has it that on January 10 we are all in for a great big surprise.  That is the day that our new governor, Jerry Brown, will be presenting his new budget and it is expected to significantly cut funding for our legal system.  As a practitioner in that field I have some concerns, especially after I sat in court the other day for 2 hours with a client, only to have the matter approved without need for an appearance.

As a disclosure, I have done absolutely no research.  My analysis of the problem is strictly based on my own perceptions and beliefs and not on any empirical data.  (Yes!  First post using the word “emprical”!)  So that being said, here goes.

I know that there isn’t enough money to go around.  It is a vicious cycle; you think that with the population at current levels there should be plenty of tax money flowing through the government.  But with more people comes the need for more services.  So there simply isn’t enough money out there and in that respect I truly do understand the balance that must be made in order to put together a budget. 

But what are the services that require the most support?  Law enforcement, the judiciary, and education.  How to divvy it up.  What takes priority?

In court the other day the judge took a moment to discuss the pending budget cuts and theorize on the affect the cuts will have on the courts.  His conclusion was that law enforcement and the courts should be treated equally.  He is probably correct.  How can a society police itself effectively when the method by which offenders are punished is subject to cuts, leading to inefficiency?

I am not so sure, though, that I agree.  I have always been a proponent of the justice system as a means to address crime and civil dispute.  I still am (it is my livelihood by the way), but I think that the public service that should receive foremost attention is education.

The stats are out there (although I am not going to look for them).  The vast majority of crime is committed by those people who did not succeed in their educational endeavors.  It would seemingly follow, then, that if society focused more on education crime would decrease. 

I understand this is a simplistic analysis and that other factors play a role in the shaping of the criminal element.  However there simply are less and less opportunities for the uneducated.  It used to be that a high school diploma could get you a good job; then it was a college degree; now, it seems that a higher degree is required to secure that career opportunity.  Those amongst us who do not take advantage of educational opportunities will search for other ways to make ends meet.  For some, it will be consumer service positions, hard labor, or other minimum wage jobs.  For others, the quick buck is preferable to hard work.  Rob a store, mug someone on the street, car-jack a Benz.  The benefits far outweigh the risks and I anticipate that more and more people will take those risks unless things change.

It is not going to be an overnight change.  We cannot solve society’s problems in one fell swoop.  It will be a gradual change; one which may take a generation or more to accomplish.  But it has to start now.  The cuts to education have to end.  No more furlough days; no more teacher layoffs; no more school closures.  The population is growing every day and that means that jobs will be more scarce as the current generation proceeds to adulthood and joins the workforce, unless the incoming workforce is well-educated.  There is so much work to do. 

So what is my solution?  HA! That is where I am lucky.  This is my post and I don’t have to come up with the solution.  However, it has to start in two places:  at home and in the government.  Education needs to be a priority and it starts with the parents.  School is not a babysitting service.  It is an interactive experience with three participants:  student, teacher, and parents.  And it has to be viewed that way.  As parents we are our children’s first and greatest role models.  If we demonstrate to our kids that education is important, it will be important to them and they will strive to learn and avoid temptations from the criminal element. 

Secondly, if the government continues to cut services to education, makes the classroom sizes bigger and lays off teachers, what message does that send to the students?  It says to them that the government doesn’t think that education is important.  The government is to be trusted and revered and kids learn that very early when they hear of the heroic acts of George Washington and Abraham Lincoln.  But how heroic will our leaders look to students when education continues to suffer?

Sounds simple enough, right?

Have a great week.

Rob

www.ahslawyers.com

www.robcohen13.wordpress.com

Twitter:  robcohen13 

Facebook: http://www.facebook.com/home.php?#!/pages/Woodland-Hills-CA/Rob-Cohens-Blog/140192572669004

“Back, and to the left… back, and to the left… back, and to the left.”

 Friends:

Thirty years ago this past week John Lennon was murdered.  Back then, in 1980, there was no internet, no 24-hour news stations, and no bottom of the screen ticker giving you up-to-the-minute updates.  No, at the time there were three television networks, one of which was airing the most popular weekly television show, Monday Night Football, when the news broke.  And all who were watching remember that Howard Cosell, during the game’s broadcast, informed the nation of the tragic events.

Something like that will never happen again.

What am I talking about?  The commonality of “where were you when…”  Everyone remembers where they were when certain events took place, whether it was the assassination of Kennedy, the Challenger disaster, or the assassination of Lincoln.  Because of the limited means by which information was disseminated, a nation received news from limited outlets…  It gave a sense of community to a nation when monumental news was received.  We all can place ourselves when certain things happened, whether it was sitting on the coffee table when Gibson hit his home run or listening to the radio when the Berlin Wall fell or walking through the halls after school when Magic confessed that he had AIDS.  We all have that “story.”

Now, though, I doubt that anything of the like could happen again.  Honestly… because I can predict where I will be when the next big catastrophe (and unfortunately there will be many) or the next big highlight takes place.  I will either be in front of my computer or staring into my phone.  Because the idea of word-of-mouth or one centralized news source doesn’t exist anymore.  The next time a celebrity overdoses, TMZ will know it first or it will be all over twitter.  Think of the last major “earth-shattering event”– where were you when you heard that Michael Jackson had died?  TMZ.com.

It is maddening how dependent we are on the internet and how demanding we are that we receive our news immediately.

Another by-product of the internet: because of how quickly news appears on the internet, it then traverses the internet in nano-seconds.  We cannot escape it, no matter how hard we may try.  Want to make sure that you don’t hear inadvertently that the butler did it?  Make sure you see the movie on opening night.

What does that mean for us as parents?  It means super-extra-super-duper vigilance.  Why?  Because we can’t control how our children hear about Miley Cyrus’ “bong” use or Katy Perry’s Sesame Street appearance or the latest cutie with whom Justin Bieber is making out.  Our children know sooner than we do.  Back in the day, if you didn’t want your child to swoon over David Cassidy, just turn off the radio and turn off the television and you could likely contain the vast majority of information.  Now?  “You can’t stop it, you can only hope to contain it.”  

It’s not that I am against the internet; it has some incredibly powerful and potent uses.  Sometimes information absolutely has to get there 10 seconds ago and there is no more powerful method of doing so than the internet.  It also allows access to data that would otherwise take hours, if not longer, to discover, such as the statute of limitations on fraud in Oregon or the table of consanguinity in Rhode Island.

Call me old fashioned, say I have an old soul, whatever you may think, I like things simple.  I like the idea of community, of commonality, of quietude.  And the internet not only took those away, it destroyed it.

So what does this mean for us as professionals?  Be on your best behavior.  The market goes down and so does the client’s portfolio?  You better be checking yourself on google to make sure no negative comments are posted.  Forget to bind the right insurance coverage?  It’s plastered on the internet with ease.  And don’t get me started with the second-guessing that comes when the client does his/her own research and tries to tell you how to do your job!  But the good thing is that if you have bad news and you don’t want to have to tell the client to her face, just email it; it is more impersonal that way and saves you from having to receive the backlash in person.  😉

Now that I have gotten that off my chest, I am making a pledge… you are hearing it first:  I am going to swear off the internet for one whole week.  Yep, no twitter, no facebook no Linked-In no Google.  I promise, none of it.

 

Just let me check TMZ first and see what celebrity got busted for DUI.

www.ahslawyers.com

www.robcohen13.wordpress.com

Twitter:  robcohen13 

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“Yeah, a landlord’s dream: a paralyzed tenant with no tongue.”

Friends–

I must confess, I had an off-week.  Not a whole lot of observing, no ponderings or musings… instead, a lot of enjoying.  Enjoying the holiday of Hanukkah, enjoying Brooklyn’s 5th birthday, and enjoying the completion of 10 years in the practice of law.

Sure, I could ramble some musings about what I have learned these past 10 years, or I could articulate the innocence that one sees in the laughter and smiles of 5 years olds, or I could expostulate on the might of the few against the mighty.  Or, I could simply select a passage from the book I am currently reading (yes, still the Dickens) and marvel at the way things were 140 years ago and how they can never be that way again.

The scene is simply put and unimportant.  A young woman has ventured into London for the first time and needs to find a place to stay.  She counsels with her attorney and together they set off to rent a room.  They meet a nice woman with a room to rent who, upon inquiry as to the condition of the room, gives them the scoop:

“If I was to tell you, sir, that to have nothink above you is to have a floor above you, I should put a deception upon you which I will not do.  No, sir.  Your slates WILL rattle loose at that elewation in windy weather, do your utmost, best or worst!  I defy you, sir, be you who you may, to keep your slates tight, try how you can… It is the wet, sir… but the time will come, and it is best that you should know it, when a dripping sop would be no name for you.”

 

So what was so funny about all of that?  Well, aside from the funny language and strange spellings, the truth of the matter is that in a book where all of the characters are a suspect in murder, this person is 100% HONEST!

When was the last time you rented or purchased a home and were told the absolute truth about it?  There is mold in the walls; at exactly 2:18 every morning the train comes through and blows its horn; the bonus room was added after the home was bought and without appropriate permits and is not up to code.

I have litigated these cases.  We saw a wave of them about 5 years ago and we will see another wave in the next few years.  When the economy is bad, homeowners will do anything to sell or rent you their home.  They need to make the deal, so they will tell you what you want to hear and withhold the information which they think may drive you away.  It is a characteristic we all have.  Don’t tell them the stuff you think will drive them away. 

And yet, 140 years ago, a minor character who had not appeared before page 235 and who presumably will never appear again, a character who was offering a room for rent, for which she expected to be compensated, without pretense or suspicion, put all of the cards on the table and essentially told the potential renters that they should stay away.

Man, how times have changed.  I always advise the three D’s:  disclose, Disclose, DISCLOSE!  I know it is just a story and this woman was fairly one-dimensional, but the attorney in me wonders whether this woman was previously embroiled in litigation because the room she rent was unsuitable for habitation and it wasn’t disclosed before signing the agreement and she simply decided it would be far simpler to open up completely and fully and let the chips fall where they may. 

Times, they certainly have changed.

Have a great week.

 Rob

www.ahslawyers.com

www.robcohen13.wordpress.com

Twitter:  robcohen13 

Facebook: http://www.facebook.com/home.php?#!/pages/Woodland-Hills-CA/Rob-Cohens-Blog/140192572669004

   

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