It’s Friday afternoon. Hmmmm. What sounds like something fun to do. Why - how about respond to an obnoxious defense lawyer letter. Notice the operative word here. Not what do I have to do. Or what am I angry about. But what’s an upbeat way to end the week.
There is something super satisfying about fencing with a ponderously grumpy opponent.
Read MoreMy consistently biggest irritation is the defense lawyer who wastes time for the sake of the billable hour. The typical arena for this involves inefficient taking of depositions. What could be done in an hour - takes four. Or worse - the deposition isn’t needed at all. Add to this the specter of the brand new defense attorney who has not been properly mentored. And it is enough to drive me absolutely wild.
There is a defense firm that I don’t particularly like. It has a problem retaining associates. This means there is a constant stream of new JDs going in and out of there. Two weeks ago, they sic’d one on me.
Read MoreIn its third motion for protective order my least favorite tourism company asks the court yet again to stop the plaintiff from filing motions in the public court file. Instead they want a special rule that requires us to give them five days notice before we can file a document so they can bring a motion asking the court to seal it or block us. Kind of like an early warning anti-missile system. We must tell them before we launch then they try to shoot us down before the paperwork can hit the courthouse file.
Read MoreThough irritated, I did not lose a lot of sleep over John Henry Browne's filing of a lawsuit against me and my law firm for defamation over our handling of the civil wrongful murder action we filed against his client.
First, I believe in the power and righteousness of the First Amendment.
Read MorePrologue: This case involves a third trimester pregnant woman who was a passenger in a car. The car was t-boned by someone else. The mother was injured and the baby died.
Read MoreLast evening a senior defense attorney, sent out an email to a large group of about 50 or so attorneys (all on the same case) that announced I was "a forceful and vociferous advocate" for my clients.
She didn't mean this as a compliment.
Read MoreJune 1, 2016 3:31 PM
Hi Karen, I recently came across your post on "The Velvet Hammer" blog describing purported excerpts from John Henry Browne's emails to you during communications over the lawsuit involving Tracy McNamara. I am interested in speaking with you about this when you have some free time. Please give me a call. Thanks,
Lewis Kamb, Reporter The Seattle Times
Read MoreOn Monday I called an attorney an A_S.
Now you may be thinking Karen Karen Karen. But I didn't lose my temper. I stated a fact.
One day when I came home from work many years ago, the nanny smiled and said - your daughters told me that yesterday you said the S word. Cristina, Alysha and Noelle started giggling. Raised their little eyebrows. Waited for Marlenee Beenee (actual name Marlene) to scold me. Or better yet - as she had done to Alysha - wash my mouth out with soap.
Read MoreDriving while high is now being used as a sword by the insurance companies of bad drivers who cause crashes.
Let's say you live in a state where pot is legal. You get high on a Sunday evening with a group of friends in your own home. On Thursday, you are driving down a road and someone runs a red light. You had a green light. The bad driver tells the officer that you look high. The officer doesn't see anything unusual but asks you to take a blood test. Carboxy-THC shows up. You are ticketed for driving under the influence. Until a prosecutor looks at the blood work and realizes there's no case. At which point the charges are dropped
Read MoreIt's a drizzly Sunday. Have popped into the office to work on a settlement letter. Nala is chewing on her antler. Am eating my favorite pastry from Macrina bakery - the orange pinwheel. Superb as usual.
Am working on the letter. But also engaging in typical bounce around behavior. Read incoming email from co-counsel on a different case. Defense attorney wants a continuance on a summary judgment motion. This is the fifth motion in a string of motions. Maybe it's the fourth. Or the sixth. Have lost count.
Read MoreBefore this happened, the dumbest thing I ever witnessed in a defense medical exam, was one of the doctors falling asleep.
It was a two doctor panel exam. While the orthopedist was taking a history, the neurologist was reading a political thriller. I thought that was bad enough until midway through. His head was nodding and then jerking forward. Like a puppet on a string held by Mr. Sandman. Until he gave in. Chin coming to rest on his chest. At least he didn't snore.
Read MorePrologue:
Adversarial litigation can leave us feeling angry and indignant on behalf of our clients. Someties we can turn our cheek. Walk away. Other times, we need to engage. When we decide to strike back, we always need to remember to keep the court in mind.
Written interchanges by mail or email have the potential to end up in a motion before the court. Retaliating to a bad email by throwing out a heated written slap is not a good idea. It can end up as Exhibit A.
Read MoreOn the next page they demand all emails for the past six months.
Isn't it ironic that they say "please."
This ladies and gentlemen, is what your friendly neighborhood defense lawyer will slap you with when you file a lawsuit against (in this case) a governmental entity.
Read MoreHere are real life examples of dumb things people do after they hit someone with their vehicle.
10. Stay put in your vehicle and call your boss before you do anything else. Give them the bad news without getting out to see if the person you hit is injured or even still alive.
Read MoreMs. A is insured by State Farm with UIM. They do not want to pay the claim. They hire this psychiatrist to do a records review. To help them challenge the injury claim. Dr. P never meets or interviews Ms. A. But being the God-like creature that he is, will testify that Ms. A somaticizes her injuries and has "secondary gain." What this means in real people language - is that she is making the injuries up. My job is to show that he is the one making things up.
Read MoreThis is becoming a pastime of mine. I call it: name that article. Let's see if this defense rehab doctor (physiatrist) can do more than blow smoke...
Read MoreA. This is the polite way I have to fight defendants who move the court to dismiss my client's case. (Page 1 of 15).
In a chain reaction freeway collision, both defendants admittedly rear ended the vehicles in front of them. They claim they are neither negligent nor a proximate cause of injuries to Mr. F who was smashed in between them.
Read MoreI've been a lawyer for about three years. The other lawyer has been mean to me since day one. Today we are arguing in court. I win the motion. The judge signs the order. There are no copy machines in the courtroom. We need to take the order down to the clerk's office, copy and then file it.
Read MoreThe defense is perpetuating the testimony of its defense medical examiner for trial. The doctor is answering the defense lawyer's questions. And then this happens:
Q MR C: This says, "JANE DOE is present
3 for complete physical exam, also pap smear, fasting labs."
4 MS. KOEHLER: All right. I'm going to move to
5 strike. This is ridiculous.
Read MoreRemember my defense medical doctor movie. Perhaps you thought it was fictitious. Or at least exaggerated. Because after all it was writen in a huff. Directly after the deposition. Before it was transcribed.
Well, here is the actual transcript. You be the judge. What is funnier (more obnoxious): the movie or the real thing.
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