(a) A lawyer who is participating or has participated in the investigation or litigation of a matter shall not make an extrajudicial statement that the lawyer knows or reasonably should know will be disseminated by means of public communication and will have a substantial likelihood of materially prejudicing an adjudicative proceeding in the matter. (b) Notwithstanding paragraph (a), a lawyer may state:Read More
Walks in and is already flustered.
Doesn’t ask your client how they are doing.
Isn’t familiar with the details of your clients’ injuries
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.Read More
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.Read More
Speak in Sun Valley at Idaho Trial Lawyer Convention in the morning. Then on a panel in the afternoon. Leave at 3:30. This means I cannot fly direct to LAX because that plane is gone. Instead have to fly back to Seattle to then fly to LAX. Arrive at 10:45 p.m. Taxi to The Line Hotel. Arrive at 11:30 p.m.Read More
Psychodrama is popular in trial lawyer circles. This weekend it is taught at our trial lawyer convention. I do not attend. Happily.
I don't care for the term psychodrama. I've heard many good reviews from friends and colleagues. I know many of the people who teach it. But honestly, just hearing the word psychodrama causes a bit of a nose wrinkling reaction deep within me.Read More
A male news anchor from Australia wore the same suit every day for a year - changing his shirt and tie - and no one noticed. He did this to prove a point after becoming frustrated with the constant criticisms levied by the public against his female co-anchor's appearance.
"No one has noticed; no one gives a s**t. But women, they wear the wrong colour and they get pulled up. Women are judged much more harshly and keenly for what they do, what they say and what they wear."Read More
I met Allison when I was a defense lawyer. She was so darling that she became my go-to court reporter. When I became a plaintiff lawyer, nothing changed. I still used Allison. Others liked her as well, so Allison grew her business (Verb8tim Reporting) and hired Jane.
Yesterday, Allison was the court reporter for me. This morning it's Jane's turn.Read More
Taught trial advocacy for many years at UW School of Law with dear friend Bill Bailey. Bill is now a full time professor at the school. Since teaching without him would not be the same, decided to turn in adjunct badge. However, today am going to the school to teach voir dire.Read More
In 2007, when I was President of WSTLA, I wrote an article called the Value of Dissent.
The focus at that time was AAJ and my perception of its systemic problems in advancing diversity. I was not liked by AAJ leadership for being aggressively outspoken on the issue.Read More
Based upon a true story:
Last week, my wife of 35 years was driving to the store and was hit by another car. The police came to my house to take me to the hospital to see her. She's been there ever since. We don't think she will make it.
Each day I drive or am driven to the hospital by our children. I stay there as long as I can. I just had surgery myself. So I need to come home to try to rest in between rushing back to be with her.Read More
Patience is not always a virtue.
I have walked, trounced, and even skipped out of mediations before they've officially ended. In fact, that used to be the norm for me.
About 15 years ago I was in the car, driving back over the bridge when the phone rang.Read More
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.
"Atticus told me to delete the adjectives and I'd have the facts."
- Chapter 7 of To Kill a Mockingbird
Her right leg was catastrophically smashed, causing excruciating and unrelenting pain. The limb felt like it was being stabbed a million times by a sharp knife. The sharp burning pain became absolutely unbearable to the point where she was forced to take vicodin.Read More
We are changing the way we read. Short has not just become better. It has become essential in the quest to capture the attention of our audience.
Pedantic legal writing is no longer highly valued by judges. With crushing case loads, our Honors need us to get right to the point. They impose page limits on us. And even then, will sometimes admit they haven't read our pleadings.Read More
We lawyers are trained to be precise. Everything we say has to be supported. If we're laying out facts to a judge - we need to cite to the source every single time. This breeds a habit of presentation that can be overly meticulous and filled with legalese. It can be a hard habit to break.Read More
Now that marijuana has been decriminalized in Washington state, issues are going to arise about driving under the influence. Unlike alcohol which only transiently stays in the body and can be detected with various tests, the detection of marijuana is a bit more complicated.Read More
Defense attorneys go to legal seminars too. One technique they have been learning is how to take advantage of liberal discovery rules. Increasingly we find them invading where they have no business being.
We can passively let them dig unnecessary holes in our clients' lives. Or we can push back when they cross lines.Read More
When a personal injury case settles, we are still our client's lawyer. This means we need to continue to look out for their best interests until our job is done. Even if we are not financial planners or accountants, we cannot walk away without first trying to help our client make well informed decisions. Maybe this is not our legal duty. But it certainly is our moral one.Read More