Jury is filing in. Am standing off to the side to let them pass. Realize still wearing sneakers. Judge has noticed and chuckles. Rush to chair. Sit and buckle ankle straps of heels. This looks better with stockings, black criss cross in the front bcbg skirt with raspberry toned red Moschino jacket over free people wildly batique-ish top with key hole neckline. Costume bangles accompanying apple watch.
Read MorePrologue:
Shellie: I'm addicted to Drop Dead Diva. You were right.
K3: I know - isn't it entertaining.
Shellie: Who would have thought.
K3: It is such a ludicrous concept, but executed so brilliantly.
Shellie: I love how she flicks her hair over her shoulder when she scores a point.
K3: You get the case in the morning and try it in the afternoon.
Prologue: Plaintiff had back surgery. She had returned to work only just the past week, when she was hit hard by a bad driver. Ultimately she needed a second surgery due to the crash. The bad driver admitted fault and her company paid. But she didn't have enough insurance. So our client, Ms. P made a claim under her Underinsured Motorist Policy. Which is what you are supposed to do. Allstate, her insurance company, required her to sue them as that is what the UIM policy says has to happen. Ms. P sued Allstate. Then went thru Mandatory Arbitration. But Allstate didn't like the verdict so they appealed it and forced a jury trial. Their main witness was Dr. Blue, a retired neurosurgeon. During the direct exam, he tells the jury that Ms. P's additional problems after the crash, are related to her pre-existing conditions that had been mildly strained. He says her second surgery wasn't related to the crash.
Read MoreThe expert witness is making my blood boil. Direct exam is a pre-rehearsed script. The defense attorney reads a question the expert spews back an answer. They don't come right out and say so, but the inference is the client isn't working because either: a) lazy or b) hoping for lawsuit lottery. They don't have to be so nasty.
Hand is on client's arm. Whisper words of kindness from time to time. Keep mask of pleasant person firmly on face. Do not roll eyes. Realize foot is tapping. Become still. Like a falcon.
Read MoreRon Clark is a blogging buddy and a distinguished practitioner in residence at Seattle U. Talk about a cool job.
He sent me his latest book that he wrote with one of my dear friends Bill Bailey (and a third author George Dekle): Cross-Examination Handbook.
It is not as small as my hand however.
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