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THE TIME IS ALWAYS RIGHT TO DO WHAT IS RIGHT.

THE TIME IS ALWAYS RIGHT

TO DO WHAT IS RIGHT.

Martin Luther King, Jr.

Oberlin College 1964

This is one of many of my favorite quotes the Martin Luther Kings and I think a great summary of his legacy in the law. Although my blogs generally regard topics that we help clients with every day, I feel that at the time of the Holiday of his birth, it is important to take this week to remember his words that ring so real over fifty years later. Perhaps the most significant of Martin Luther King, Jr.’s influences on American history were his remarks on the connection of the law and social justice.

Laws Can be a Block to Racial Justice

A large part of the civil rights movement was a battle against laws as they existed at the time. There were racially discriminatory laws in place that allowed segregationists the grounds on which to attack civil rights activism. In fact, police in Southern states arrested civil rights protesters which included, on several occasions, Martin Luther King himself for violating criminal code provisions. These laws included trespassing, disturbing the peace, marching without a permit, violating picketing laws, engaging in criminal defamation and criminal conspiracy. In fact, the NAACP was actually prosecuted in for refusing to disclose its membership rolls as was required by state law at the time. Not only was the law drastically against the Civil Rights movement at the time, but multiple states in the south also brought actions against civil rights attorneys for legal ethics violations as retaliation and to instill fear in those attorneys willing to fight to change the law as it stood at that time. In addition to legal ethics complaints, the city of Montgomery, Alabama used minor traffic ordinance violations as a way to stop the carpools used during the Montgomery Bus Boycotts. The state of Alabama went as far as to prosecute Marin Luther King on charges of tax evasion.

The Can Be Applied Unfairly

Although Martin Luther King, Jr. was an advocate of peace and justice, it was necessary break laws that were in place at the time to effectuate social justice. In fact, even some laws that, upon their wording said nothing about race, were clearly being used against the civil right protesters. State leaders were segregationists who defied the implantation of the Supreme Court’s decision in Brown vs. Board of Education and other federal civil rights requirements. In his famous “Letter from Birmingham Jail” (found at the following link:

https://www.csuchico.edu/iege/_assets/documents/susi-letter-from-birmingham-jail.pdf )

he confronted this question in 1963 , where he set apart just and unjust laws. “A just law,” he wrote, “is a man-made code that squares with the moral law, or the law of God. An unjust law is a code that is out of harmony with the moral law.” Since segregation laws fall in the latter category, “I can urge men to obey the 1954 decision of the Supreme Court because it is morally right, and I can urge them to disobey segregation ordinances because they are morally wrong.”

The Supreme Court can be Political

Martin Luther King addressed the more difficult situation where a law that “is just on its face and unjust in its application.” It was this situation that resulted in his arrest and arrival at his Birmingham jail cell. He was arrested for “parading without a permit.” “Now, there is nothing wrong with an ordinance which requires a permit for a parade,” he explained, “but when the ordinance is used to preserve segregation and to deny citizens the First Amendment privilege of peaceful assembly and peaceful protest, then it becomes unjust.”

In this particular case, King was correct and supported in the court of public opinion and the constitution as we read it today, but he lost in the highest court of the nation. The Supreme Court of the United States heard the appeal of the conviction of civil rights protesters for violating a state court injunction ordering them to refrain from demonstrating, the Court ruled 5-4 against the civil rights protesters in Walker vs. City of Birmingham , 388 U.S. 307 (1967) https://www.oyez.org/cases/1966/249. Although he had multiple victories in the Supreme Court, but this case was one of a few of exceptions. Justice Stewart, writing for the Court, reprimanded the protesters in Walker v. Birmingham: and stated: “This Court cannot hold that the petitioners were constitutionally free to ignore all the procedures of the law and carry their battle to the streets. One may sympathize with the petitioners’ impatient commitment to their cause. But respect for judicial process is a small price to pay for the civilizing hand of law, which alone can give abiding meaning to constitutional freedom.”

The Continued Fight Against Unjust Enforcement of Laws

What strikes me in this is how the Supreme Court can sometimes ignore how the implementation of a law can violate the rights guaranteed by other laws. This is a practice that continues to plague our system of justice to this day. In fact, it is clear and apparent from the current Supreme Court and the recent very political appointments made to the Court. For King, enforcement of unjust laws and the courts that supported the practice were hurdles in the cause of racial justice. These enforcement of law in an unjust manner continues in our justice system over fifty years later. In some recent decisions, the court has made controversial rulings in some of the most politically and socially charged areas of the law. Here are a few examples:

City of Tahlequah, Oklahoma v. Bond (Per Curiam Opinion on October 18, 2021)

In this case, the Court summarily (without argument) reversed the Tenth Circuit Court of Appeals. The Supreme Court held that the conduct by the police officers did not violate any clearly established violation of statutory or constitutional rights, and thus, they are entitled to qualified immunity

United States v. Cooley, (9-0 Opinion by Justice Breyer on June 1, 2021. Justice Alito filed a concurring opinion.)

In this case, the Court vacated and remanded the decision of the Court of Appeals for the Ninth Circuit. The Court ruled that a tribal police officer has authority to detain temporarily and to search a non-Indian traveling on a public right-of-way running through a reservation for potential violations of state or federal law.

Nasrallah v. Barr, (7-2 Opinion by Justice Kavanaugh, joined by Chief Justice Roberts and Justices Ginsburg, Breyer, Sotomayor, Kagan and Gorsuch on June 1, 2020. Justice Thomas, joined by Justice Alito, filed a dissenting opinion.)

In this case, The Court reversed the Eleventh Circuit Court of Appeals. The Court held that courts can review an immigrant’s factual challenge to a denial of their application to stay conviction-based deportation under the Convention Against Torture.

For a full up to date list of recent decision by the Supreme Court Refer to the ABA website: https://www.americanbar.org/groups/criminal_justice/resources/case_updates/

WHY I AM GRATEFULL 2022: I am grateful for this hot and delicious latte from the fancy Keurig that my son talked me into buying on this quiet and peaceful Sunday morning as I write this blog and reflect on this amazing human being who changed our county so profoundly. Thank you, Dr. King, for your passion, your determination and your brilliance. It is important for all of us to be the change we want to see in the world by making gratitude a part of each day. If we all practice gratitude more regularly, the world will be a kinder place. Each of my blogs will contain something I am grateful for and reviewed in our year end blog. I hope that you will also have a lengthy list by the end of 2022. I hope that by reflecting on gratitude, we will find the positive of everyday, even the days that are stressful.

At TheOneLawyer.com, we are here to serve our community and provide legal services in the Henderson and Las Vegas area and we are grateful for this opportunity. We are a boutique law firm providing experienced and personal representation to injured clients. At the Law Offices of Laura Payne, Esq. TheOneLawyer.com we provide professional and personal service to each and every one of our clients on various legal matters and have over 15 years of experience in reviewing insurance policies and in Nevada insurance law. If you have a question regarding any type of personal injury or paying your medical bills from an accident, please do not hesitate to call the offices of TheOneLawyer.com and speak directly to attorney Laura Marie Payne, Esq. a Henderson Injury Attorney for over 15 years. Laura is recognized as one of Nevada’s Top 100 Lawyers. She has the experience and knowledge to obtain the maximum settlement you deserve. Please call our office if you or a loved one is injured. We can make sure that you receive the care you need and deserve and advise on how to preserve evidence.

At our office, we are experienced in helping injured victims get the compensation to which they are entitled. Insurance companies never have the best interest of the injured person at the top of their priorities. They want to pay as little on every claim as possible. Having worked for an insurance company as an attorney for 9 years before opening my boutique law firm specializing in helping injured people, I have reviewed thousands of auto accident claims and policy provisions.

At the Henderson and Las Vegas Accident injury law offices of TheOneLawyer.com, Laura Payne, Esq. and her staff are here to help you and your family in the event that accidents and tragedies occur. For any of your legal needs, do not hesitate to contact our Henderson and Las Vegas Accident injury offices. TheOneLawyer.com is a boutique, family-owned law firm that specializes in helping injured people and the community of Las Vegas and Henderson Nevada with legal issues involving auto accidents, wrongful deaths, slip and falls, truck accidents, injuries to children, bicycle accidents, dog bites, product liability claims, and all types of injury claims. Please do not hesitate to call us anytime you have a legal question or you or a loved one has sustained an injury at 702-450-4868 and text 24/7 at 702-600-0032.

40 Simple Ways To Be Grateful Everyday

Ok readers, it’s time for the news year’s resolutions and yes, I always make them. But this year has brought profound stress and turmoil to all of our live and we are all desperate to put behind us. Through the profound changes we have all endured, we have been forced to look inside ourselves and find purpose and drive in this life. For 2022, I resolve to practice Gratitude daily. Indeed, I am putting my new year’s resolution in the public domain. Gratitude is such a potent emotion, one that can bring joy into your life and make your life more rewarding in many ways. There have been many days that watching the news and living in this new life has made us feel depressed or created feelings of doubt. After everything we have all been through in the past two years, I think we are all yearning for the daily feelings of happiness that hard work and kindness can bring back to our lives. When you are feeling grateful for the positives in your life, it is easier not to dwell on the stresses and better cope with those situations.

In fact, I resolve to keep a gratitude journal to record one thing I was grateful for every week of 2022. Every day just seems like a resolution that will be unrealistic to keep in a journal aka the notes in my iphone. However, I will do my best to take 30 seconds each day to recognize one thing that I am grateful for. I am grateful for so many things including my family, my clients, my dog, my home, my co-workers, my health, and each day there is always a reason to be grateful. Hopefully, I will be able to share many of them in my final blog of 2022 which seems so far away but will be here in a flash.

In a study by Emmons & McCullough . 2003, their research showed “there were a multitude of benefits from keeping a gratitude journal. A simple notebook where you write down daily what you are grateful for. The study showed that the people who kept a journal exercised more regularly, reported fewer physical symptoms, felt better about their lives as a whole, and were more optimistic. It also showed that people who kept the journal were more likely to make progress towards their goals.” “Overall, there was a greater sense of feeling connected to others, a, more optimistic view towards life and better sleep quality, relative to a control group.” https://emmons.faculty.ucdavis.edu/gratitude-and-well-being/

I hope you will follow with me in this journey for 2022, even if by simply reflecting on something you are grateful for each day. In addition, there are many resources on the internet if you choose a more formal process as well as many apps for your phone. For suggestions on keeping a gratitude journal, this article has some great ideas. https://www.lifehack.org/794635/gratitude-journal.

Here are 40 simple ways to make gratitude a part of everyday.

Keep a list of things you are grateful for in your phone;
Add to your list regularly;
Download one of the many gratitude apps;
Tell your co-workers or family how much you appreciate them;
Look at the beauty in nature around your area one morning;
Make time for your friendships;
Force a big smile for things that bring joy;
View inspiring videos of kindness;
Include an act of kindness in your day;
Avoid overwhelming negative media;
Call your family or friends;
Enjoy that cup of coffee;
Don’t speak badly about people for no reason;
Spend quality time with your family, even just a chat or a meal;
Compliment a random stranger for a nice outfit;
Send an email to someone you have not seen in a while and tell them something nice;
Make positive comments, not negative, on social media;
When you think a negative thought, turn to a positive;
If you find yourself complaining, think about how you can improve that issue;
Verbally acknowledge when someone does a good job;
Do something nice for someone;
Meditate with positive thoughts;
Live mindfully, check out this great resource to help;
Thank the people who help you at the bank, the store, etc.;
Thank your loved ones for the little things they do even when they leave dishes behind;
Hang pictures with positive quotes and images around your space;
Check on your elderly neighbor and see if they need anything you can do for then;
Call your family or friend or significant other and tell them you love them;
Embrace challenges of your day and see them as opportunities to grow;
Do not let the people you dislike bring a negative energy to your environment;
Be thankful when you discover something new;
See mistakes as a growth opportunity in your life a career to learn from going forward;
Help the people around you see the positive side to life;
When times are difficult, focus on resolution and not feeling doomed by the situation;
Take time to notice the needs of others and help if you are able;
Make gratitude a part of family life and share it with each other during the times you are together.
Practice gratitude every day so it becomes your mindset and not a chore;
Focus on your strengths every day and how they will help you problem solve;
Share your gratitude with family and friends and those around you;
Share gratitude with other by posting a tweet, Facebook post or Instagram;

It is important for all of us to be the change we want to see in the world by making gratitude a part of each day. If we all practice gratitude more regularly, the world will be a kinder place. Each of my blogs will contain something I am grateful for and at this time next year, they will be listed. I hope that you will also have a long list by the end of 2022. I hope that by reflecting on gratitude, I will find the positive of everyday, even the days that are stressful at the court and adversarial with the insurance companies. We fight hard with this companies for our clients everyday and we are grateful you have chosen TheOneLawyer.com to fight your you and your family after a car accident and help you recover for the injuries sustained in that car accident.

At our office, we are experienced in helping injured victims get the compensation they are entitled to. Insurance companies never have the best interest of the injured person at the top of their priorities. They want to pay as little on every claim as possible. Having worked for an insurance company as an attorney for 9 years before opening my boutique law firm specializing in helping injured people, I have reviewed thousands of auto accident claims and policy provisions.

Road Warriors Beware: Bizarre Driving Laws From Around the U.S.

Driving across the great USA can be a rewarding life experience. But each city and state can be fickle with their laws, enough to cost you some cash if one is not mindful of local custom.

For example, in Alabama, not only is it illegal to drive barefoot, but it is a finable offense to drive the wrong way down a one-way street with a lantern attached to the front hood. In Florida, they found it necessary to enact a law making it illegal to bring livestock on a school bus, while in Illinois they insist on driving using a steering wheel, by law. In California, women are not allowed to cruise the streets while wearing a house coat. Be careful in Oregon when entering your car, because you can be ticketed for leaving your car door open longer than is needed.

In Rockville, Maryland, it is strictly unlawful to curse while driving on any road while operating a vehicle. By screeching your tires in Derby, Kansas, you can pick up a 30 day jail sentence. In University City, Missouri it is against the law to honk the horn of someone else’s car, while New Jersey residents can get a ticket for not tooting their horn while passing another driver. Another law that deals with horn courtesy comes from Little Rock, Arkansas, where it is unlawful to blare your horn where cold drinks and sandwiches are sold after 9 p.m. Remember to keep an eye on your gas tank, due to a law in Youngstown, Ohio that makes it illegal to run out of gas.

Although they might seem ridiculous, pay attention to these laws to avoid paying hefty fines, or spending time behind bars.

If you find yourself in need of a car wreck lawyer in Las Vegas, contact Hunt Law Offices at (702) 450-4868.

Main photo image by: John Smith

Accident Lawyer Henderson-Car Accidents Las Vegas

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Road construction is happening all the time to make our roads safer. Each day millions of dollars is being spent on re-construction, re-paving, filling pot holes, and others thing to make our roads safer. Although this might seem like excess money that could be spent elsewhere, it is very important. Every 13 minutes someone is killed in a car accident in the United States. There are also 115 people a day that die from traffic accidents. Although many of these traffic accidents are not caused by road conditions, a good percentage of them are.

Many different road conditions can cause traffic accidents. Although cars have various safety features, just one thing going around can send a car sliding off the road or into another. Things like ruts on the freeway, pot holes, fallen rocks and many other circumstances have been proven to trigger swerving in cars and the chance of them spinning out of control.

Not all traffic accidents end in death, thankfully. Many traffic accidents are minor and are not life threatening. But minor traffic accidents can also have serious consequences. Many car accidents Las Vegas drivers get in is someone’s fault. Many are because one driver is not paying attention, maybe a driver is texting or picking something up off of the floor or various other possibilities. These accidents that are the fault of one driver are extremely hard to take care of. There is the chance of someone not having insurance, or the chance of the insurance company trying to not give you the full worth of damage.

If you have been in a car accident Las Vegas Accident Attorney Laura Hunt can help you get the money for your damages. She has 15+ years of experience in helping people with insurance companies after they have been in accidents. Call her today so you don’t get taken advantage of.

Fatality crashes are on the rise-Henderson Accident Attorney Laura Hunt of Hunt Law offices is here to help you!

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As if there weren’t already more than enough death on our roads, you may have seen recent reports that fatal crashes are actually on the rise in Nevada. Perhaps you have seen the aftermaths of such accidents driving on the freeways around Las Vegas. Perhaps you have even lost someone in such accidents that seem so common on Vegas roads. These are tragedies we don’t like thinking about, but they are also, very sadly, an almost daily occurrence in the state of Nevada.

The feelings of despair, loss, and even anger are very common. The surviving family members in this situation should rightfully seek that justice is done. In those emotionally stressful times they will want representation from a lawyer who is not only compassionate of those emotional dynamics, but who also has the experience and expertise to see the process through to a positive end.

Laura Hunt, of Laura Hunt Law Offices, is a Henderson Accident Attorney who will help your family win against the big insurance companies and law firms. She brings 17 years of experience and solid reputation of victory in the courtroom to your family’s aid at a time when it is necessary. Laura Hunt is one of the most successful lawyers in the Clark County area. For personalized and focused attention when you need it most, please contact Laura Hunt of Laura Hunt Law Offices at 702-450-4868

Wrongful Death Attorneys Las Vegas

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When I was 13 years old I had an experience nobody wants to have. I was on vacation with friends 5 hours from my hometown and was woken up early in the morning and told that we had to leave. I had no idea what was going on, but I could tell something was wrong. After spending 5 hours in the car I pulled in to my house and was presented with the news that would change my life forever.

My parents sat me down and told me that my older brother had died in a car accident. They didn’t get in to details at the time, but I later learned that he was the passenger and the driver had been drunk.

This was a whirlwind time for my family and me, obviously. We have family all over the country that needed to make travel plans, we had to make funeral plans, and we had to deal with the hundreds of people that were coming in and out of our house. All of this distracted us from the legal issues that manifest after an incident like this.

We weren’t vindictive whatsoever. We had no interest in suing the family of the driver, because we felt that it was a result of a shared lack of judgment. Because of this, we never thought to contact an attorney. We later learned why this was a mistake, and what we should have done.

When someone is the victim of a wrongful death circumstance such as the situation I just described, if the driver is insured their insurance company has a default amount that they are supposed to pay to the family of the deceased. This isn’t something that they do without provocation, though. In my family’s situation, all that needed to happed was for our lawyer to contact the driver’s insurance company and indicate that we wanted a settlement, and that would have essentially been the end of it. Beyond that, if we had wanted to sue we could have, but either way we would have received a cash settlement of some kind.

My family was lucky enough to be in a financial situation where we didn’t need the money, but many others aren’t so lucky. It’s important to know what steps to take if this situation happens to you, and if you live in Las Vegas, the person to contact is Laura Hunt. She is the number one wrongful death attorney Las Vegas has to offer, and she will always be more than willing to help you if a loved one or family member of yours is the victim of a wrongful death circumstance.

The moral of the story is – the insurance companies are not on your side. If you don’t make some sort of effort to get what’s entitled to you, they are not going to come to you. No one wants to be in the situation my family and I were in, but if it happens to you, be sure to contact a lawyer so that you don’t miss out on what may be rightfully yours.

Las Vegas Car Accident Attorneys

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So today I happened upon an article about a problem that has arisen in the UK regarding personal injury law firms. I always knew that many of these law firms were aggressive and sometimes “less than ethical”, but this one reached a new level in my book.

Apparently law firms in the UK are now sending email and text message promotions to people who have been victims of personal injury in car accidents and work related accidents etc. I had to laugh, because the only text message promotions I have ever received are from my local frozen yogurt company.

I don’t know how I would respond if I got a text message that said, “We heard you were injured in a car wreck, need a lawyer!?” I’m not sure if I would be more concerned about the fact that they knew I had been injured, or the fact that they sent me a TEXT message about it. I’d probably be fairly upset about both.

Although little anecdotes like this are good for mid-day laughs, it brings to light a subject that has frustrated me for some time. The United States has the highest number of lawyers per capita in the world. This has made us the butt of many jokes, because it also means that we have some of the most ridiculous lawsuits and lawyers willing to do anything to get their name out there. It’s nearly impossible to find good representation, and even if you do it’s usually a matter of luck.

I live in Las Vegas, one of the most diverse and intense cities in the world. Traffic is unbelievable and drivers are incredibly aggressive. Every day that I go on the freeway I wonder if it will be my last. I’ve often wondered which of the Las Vegas car accident attorneys I would call if I were to be injured in a wreck. I think I would have to take my best friend’s advice and go with the Law Offices of Laura Hunt. So far this is the only law firm that I’ve heard good reviews about since I’ve lived in Vegas.

The world is a scary place. Things like car accidents and work accidents happen all the time, whether we like to admit it or not. Don’t be one of those people who get taken advantage of law firms that are willing to do things like send text message ads to your cell phone. Life is simply too short.

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Las Vegas Accident Attorney

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Auto accidents are a leading cause of death and injury in all age groups. There is no group that can escape the fury of the road. In Henderson and Las Vegas, NV it is no new sight to see two cars on the side of the freeway with sirens all around.

With the large number of accidents that occur and keep occurring, it is inevitable that sometime in your life you will either be involved or know someone that is involved in an accident. That’s why it is important to have the right information. The right information could save you money and make you feel more powerful in your situation.

At Las Vegas accident attorney Laura Hunt’s offices, they prides themselves on having the experience and expertise to help you win your battle with the insurance companies. And it always is a battle. A battle they are willing to fight…for you. Laura Hunt actually cares about her clients and their needs. She works directly with each client to make sure they are getting the assistance and help they deserve.

No one deserves to be taken advantage of, especially not by insurance companies who make enough money off of people anyways. Don’t be uninformed and without help in your time of need. Rely on Laura Hunt Law Offices to help you through your struggle.

Auto accidents are inevitable. Be prepared. Know who to turn to, and be prepared to fight for what is yours.