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DO I HAVE A CASE?

How About a New Habit?

I always seem to get the same answer, when I ask the defendant about speed at their deposition. It does something like this: “How fast were you going?” “Well”, the defendant will say with a look of uncertainty, “I was going just under the speed limit.” “How do you know”, I ask. “Out of habit, I know that I was just going a little under the speed limit”.

Mornings bring out the certainty of habit. Some people get out of bed when the alarm goes off or they get up without the need of the alarm. Others, out of habit, will hit that snooze bar a few times. When I mention habit, I’m sure that something comes right to your mind about something that you do everyday.

I know that I drive the same way, every day, out of habit. I could take different routes to work. I guess that if I were trained by the CIA, I would go a different way. Isn’t that what they train to do or have I read too many spy novels?

When I am doing discovery in any case. I do try to find out about the habits of opposing parties. Do they get their car regularly inspected? Do they regularly take medications? Do they drive aggressively? In fact, the only things that can be introduced as past conduct about bad driving relates to whether you can establish habit. If they drink, have they already been previously convicted of driving under the influence of alcohol?

You and I both have good and bad habits. Calling someone or stopping by to see them might be a good habit. Forming good habits is discussed from an online post of FastCompany.com. Here what it says as a good plan for starting a new good habit:

Building new habits

Start slowly: Go to bed and wake up fifteen minutes earlier for a few days until this new schedule seems doable.
Monitor your energy: Building a new habit takes effort, so take care of yourself while you’re trying. Eat right, eat enough, and surround yourself with supportive people who want to see you succeed.
Choose one new habit at a time to introduce: If you want to run, pray, and write in a journal, choose one of these and make it a habit before adding another.
Chart your progress: Habits take weeks to establish, so keep track of how you’re doing for at least thirty days. Once skipping a session feels like you forgot something–like forgetting to brush your teeth–you can take your ritual up a notch.
Feel free to use bribery: Eventually habits produce their own motivation, but until then, external motivations like promising yourself concert tickets can keep you moving forward. Choose things you enjoy: your before-breakfast ritual has the potential to become your favorite part of the day.

And for pic o’ day, I post another funny one from my mom!


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