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I met Shellie 30 years ago when she was pregnant with her eldest daughter.  We were both working at a hideously dysfunctional insurance defense firm. She wisely fled before I did.  

My website was old. 

Ten years ago (at age 47 if you must know) finished my stint as President of the Washington State Trial Lawyers Association.  Our organization had helped the citizens of our state survive two consecutive initiative battles - caps on medical negligence damages and a roll back of the Insurance Fair Conduct Act.  We were bashed by the insurance industry in the process via millions in TV ads. 

Took on the small personal mission of sharing the inner workings of life as a plaintiff lawyer.  Hoping that through transparency, others might see that lawyers were real people too. 

1. Walks in and is already flustered.

2. Doesn’t ask your client how they are doing.

3. Isn’t familiar with the details of your clients’ injuries

The full complaint for Greene vs. Nelly can be viewed here.

Good Afternoon,

Our office has formally declined to file charges on this matter.

The following statement will be released if there are inquiries on the status of the case...

Under Washington law, wrongful death actions are strictly governed by statute.  Atchison v. Great W. Malting Co., 161 Wn.2d 372 (2007).  When the death of a person is caused by the wrongful act of another, the decedent's personal representative may maintain an action for damages.  RCW 4.20.010.

PDF version:To Whom It May Concern Part 2

This is the full text of the amended complaint adding the City of Seattle as a defendant in the civil rights/wrongful death case involving the shooting of Charleena Lyles by the Seattle Police Department June 18, 2017.

Amended Complaint FINAL 101217

On October 9, 2017, the above letter was delivered to the investigating Senior Deputy Prosecuting Attorneys, Criminal Division, of the King County Prosecuting Attorney's Office.

I am looking at the Medical Examiner's chart.  She has been shot 7 times.  7 pieces of metal are either in or have gone through her small body.  The same height as mine. But more slender.  Her face is beautiful.  It was spared.  They aimed at her middle.

I count the bullet holes on the front of the body diagram.  Then on the back.  There are more than 7 holes.  Some bullets count for 2 holes each.  In. Out.

Sometimes my job is sickening.   I get the whole idea of defense lawyers attacking my clients in order to make sure they are telling the truth.  But what I can never get used to are the grotesque tactical maneuvers used by some defense lawyers to save an insurance company a buck.

Here are a few excerpts from an argument I made to the Court opposing defense counsel's motion to dismiss a father's claim for the wrongful death of his child.  Before reading this: a) put on a white jacket; b) stand up fully; c) employ wonder woman frown; d) thrust out chin; and e) use extra emphasis when using the word: "repulsive."

Let me count the ways...

1. Answered every question thoughtfully - including if there really was a man in the moon.
2. Gave us puzzles and calendars featuring photos of sperm taken with his electron microscope
3. Tucked us into bed every night.  Then came back to check half an hour later to see if we were really asleep.

Friday
9-10:00 am perform office work with Nala in tow
10:00 – 11:15 teleconference with AAJ committee. Anne takes Nala for a walk and brings her back.
11:15 – 12:30 Meeting with co-counsel and new client who is in full rigid body brace. Nala tries to tip her over.
12:30 – 1:15 Put Nala in car. Head to court but first stop off at Whole Foods Interbay as frig is bare. Pick up fruit.

In 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.

Judges don't like it when us attorneys can't stop bickering.  They are irritated by having to deal with our exchanges of snipes, digs and downright insults.

Last month after a trial ended, two jurors followed me down to the courthouse lobby.  They wanted to talk about what happened.  Both commented on how impressed they were that the attorneys acted in a civil manner.  Sure we disagreed with each other and objected and there were tense moments.  But we were not overly disrespectful like the lawyers they saw on television.  They appreciated that.

A tree branch scratched the lower part of my left upper arm last summer when I capsized a kayak.  The wound stung.  Swelled into a welt.  But didn't bleed.  Almost a year later there is definitely a scar still there.  My real skin is getting thinner with age.  My mental skin is not.

After Thanksgiving, my brother sisters and I decide to sort through the few remaining boxes of mom's things.  The contents of two storage units and a condo have been reduced to a pile of certificates, photos, and little treasures.  We are at Greg and Laurie's craftsman house.  Sitting around the living room.  Creating our respective piles.

A few days before Thanksgiving a defendant corporation sends me the report of its expert accountant.  This person's job is to place a value on the life of a two and a half year old child who has died as the result of the negligence of others.

In our state the way we decide the "value" of loss of life under such circumstances is to project what the child would have grown up and earned during her life time.  Less what the child would have consumed.  The amount that is left over is called "net accumulations" and this cold calculation = value of the life lost.

I believe that lawyers take too much credit when a trial is won and too much responsibility when a trial is lost.

Of course this is our j.o.b.  We are in it to win it.  Our client's well being is our number one top absolute priority.  And regardless of the reasons why sometimes we cannot convince the judge or jury of our position - it totally bites when we lose.

Though 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.

Prologue:  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.  

4:30   Slide sideways out of bed.  Do everything necessary to get out of house.
5:15     Drop Nala off at downtown dog lounge.
5:45     Arrive at SeaTac.  Park.  Walk.  Get thru security. Wait. Board.
7:00    Lift off.  Eat lemon luna bar.  Pull up P case on ipad.  Exhibits have been loaded into Trialpad.  Scroll through them.  Nod off.  Child kicks seat.  Get back to work.  Eat too many grapes.

Here is the backstory of how I ended up on Crimewatch Daily.  After defense lawyer John Henry Browne accused me of soliciting the media on behalf of my clients.

EB:  We will be sitting down to interview Tracy and I wanted to see if your clients would be interested in speaking with us as well?

One year ago, Seattle experienced its worst traffic disaster.  A converted amphibious military vehicle built for World War II went across the center line of our most notorious bridge into the side of a school bus.   Five international students were killed and over 50 more students, tourists, and others were injured.    Firefighters who performed the rescue operations still become emotional when thinking about the disaster.

Technology is changing the way we are able to visualize everything.  This 3D imaging study shows a picture that makes more sense to us than would a simple xray.

In this case, a worker was killed on the job when he was installing a defective device.  The electrical system in the piece of equipment had been negligently manufactured.  When he started to install it, the device shorted  and launched like a rocket into his face.  He survived the impact but died in the hospital about a month later.

Setting:  We are in a downtown Seattle conference room.  The sky is deep blue.  The sun is shining.  Its rays bounce like mirrors off the skyscrapers and rippling waterways below us.  Eric the videographer is at the far end of the table.  Jane the court reporter is her usual excellent self.  Cheryl our medical negligence paralegal is by my side.  Across the table are the defense lawyers.  In front of a gray screen sits the witness.  The defense side is somber.  I am feisty. We are about an hour an a half into the deposition.

Last 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.

I have a job that is part of my soul.  This means I fight for my clients with every ounce of my being.   Sometimes people (typically those I sue) don't like that.

The owner of Ride the Ducks Seattle is Brian Tracey.  He has been investigating me  by reading my Twitter feed, watching tv and reading the news.  After completing his studies he filed a declaration to support a motion to prevent dissemination of discovery materials in the 20 cases we have filed against his business for the death and injury of victims of the Ride the Duck Aurora Bridge crash.

Do you want to see me broken?
Bowed head and lowered eyes?
Shoulders falling down like teardrops,
Weakened by my soulful cries?

I leave Nala at home. Today is a half day mediation.  At my office.  We will be done by 1:00.  I can then come home and let her out.  She will be fine for four hours.

The mediation drags a bit.  Colleen Barrett is the mediator.  First time I've used her. She was a defense attorney.  Had several cases against her.  Always liked her.