What it's like to represent 50 BLM peaceful protesters against the City of Seattle

Today am covering the deposition of JR - a protester whose hand was struck by a blast ball munition thrown by the SPD. As he was trying to leave the protest zone. While this deposition is going, Shannon and Kristin are doing final edits to the massive summary judgment oppositions that are due today - motions brought by the City to dismiss two other protesters’ claims.

Welcome to the world of managing a 50 person mass tort against a governmental entity and its outside big firm counsel at K&L Gates.

Am sitting in my office kitty corner from JR. It was too echoey in the conference room. So we move. My office mic is way better. Bring JR a vegan chocolate fruit muffin from Macrina. Kara fills an entire carafe of water which he downs appropriately. I even have to refill it. It feels good to be in the same room as a client in this post - ish covid zoom depo world.

Mostly except for the rare exception, I just sit back and admire JR. His articulation of why he protested. Why does the defense lawyer even ask this question. It’s already spelled out in the complaint. The compulsion to not stand by mutely for one more second. To be brave. To join others to raise a communal awareness and call for change. Isn’t this why America is a different country than most others - our First Amendment rights and values.

What must that defense lawyer be thinking as the plaintiff who is of color - ever so gracefully describes the moral conviction involved in their decision to protest. The worthiness of the cause.

What must it feel like especially to be a young Black defense lawyer - whose job is to help his big law firm figure out how to get this claim dismissed or otherwise marginalized.

Is the defense lawyer proud of the conduct of the City when the peaceful protester describes his injuries from the police that left him hospitalized at Harborview for three days. Injuries that were suffered as the protester was trying with many others to leave the protest zone. Walking then running. Having not done anything other than to show up to lend his presence to a cause that he holds dear.

Doubt it.

And yet the job of the defense lawyer is to go down the paths that may lead to admissible evidence that could help them win their client’s case. And so on and on the questions go.

Until they are done. And we exit the zoom. And JR smiles. And begins to relax. And we walk down the hall. So he can say hi to the other members of the CJL (Civil Justice League).

Photo: JR in his deposition in my office (with his permission).