We are at a convention banquet and it is my last official appearance as President of my state trial lawyer association. Gerhard – the Executive Director – is going to say a few words. I’m sitting up on the podium along with other officers looking at the audience of smiling faces. This is a tradition. Time to pass the gavel. And Gerhard starts off: “I have to admit, I was kind of dreading having Karen as President.” The audience gasps. Not sure. Is that a joke?
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I've walked out of mediations on him countless times, asked for then ignored his advice (countless times but with a smile), gotten mad at him, had him get mad at me. John Cooper is one of the best.
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I'm driving home from work, trying to bypass the Mercer Street mess (if you live in Seattle, you know what that is). I go south over the viaduct go through the stadium district up Edgar Martinez Way (if you are a Mariners fan you know who he is) come to a stop light. I'm waiting to get onto I-90. Settling into a zen-like state as part of traffic aggravation-avoidance strategies, when I almost swallow my gum. Ok, understand gum chewing is probably not a good thing do to when in search of Ooooohm. But I like popping bubbles.
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I don’t like mediations. Mediators ask me to take back this sentiment. But I’m not repentant. It’s not that I don’t like the mediators. Some of them I absolutely adore. But I dislike the process. In an ideal world I would say – hey we will accept X amount. The insurance company would say – naw, we won’t pay that but we will pay Y amount. And then we would give a thumbs up or down without further dickering. But that is not how it works. It’s all about the dickering.
Read More- Do take a breath and center yourself before you begin.
- Do speak at thinking speed which usually means slow down.
- Do stand at a distance that is not too far away yet not too close to the jury.
- Do avoid podiums except in Federal Court where you have no choice but to stand behind them.
- Don’t block the jury’s view if you are using Powerpoint or showing things.
- Do use Powerpoint and show things
If you speak it and don’t show it; the auditory learners will get it, the kinetic learners might get it, but the visual learners probably won’t. If you speak it and show it – the positive impact on understanding and retention is dramatic.
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This is from my president's column in 2007.
I am buzzing around the office and pop in to say hi to our new associate, Mimy Bailey. We ask about each other’s weekends (I worked through mine) and she just looks at me. What? I say. And it tumbles out, the familiar words – how do you have time for everything?
My goal when speaking to young attorneys is to inspire. But perhaps what I’m really doing is causing great fear.
Read MoreOnce upon a time, there were three little lawyers They were sent out into the world to fight for justice for people unfairly injured. Shoulders back, heads held high, arms swinging, feet marching. They were filled with a sense of righteousness and faith in the Seventh Amendment. Optimism permeated their beings as they set up their houses. They couldn’t wait to get to trial. The ultimate tribunal of truth. Oh the joy!
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This article was published in the fall of 2005. Last month, a stallwart of the state bar association told me how he still remembers this article - and as he talked about it, I saw him tear up. I take no credit for this. My girls were 16, 14 and 11 when they wrote this in honor of me receiving the trial lawyer of the year award from WSTLA now WSAJ: Proud to be...a trial lawyer's child.
Read MoreI’m at the Scottsdale Plaza hotel to give a speech for the Arizona trial lawyers No time for breakfast. But thank goodness, find a chocolate peppermint Luna bar in my computer bag. Chomp. Chomp. Hat. Check. Watch. Check. Room key. Check. Out the door into the heat.
Read MoreOnce upon a time, it was normal for trial lawyers to argue motions several times a week. We used to sit in courtrooms for hours, drinking in the atmosphere, listening to our colleagues and adversaries present their positions, waiting for our cases to be called. We learned which tactics worked, and which did not.
Read MoreI rush from the courthouse with purse, computer bag and handy firm reusable shopping bag flapping against my sides. I'm late to a perpetuation deposition of a doctor. My co-counsel Matt and I, planned for this contingency earlier in the morning. He would start the deposition and possibly finish it if I couldn't get there on time. But things are looking ok as I run on my tip toes since I don't have time to throw on my walking flats.
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My emotional claw reaches out from time to time, grabbing at Noelle and holding her tight. My last child left at home while the others are in college. For one more year. As I get ready for this next week, I reminisce about these past eleven years of being a single mother who goes to trial. The logistics! Several months ago, I had a trial in Olympia Washington. The drive was shy of two hours each way - worse during rush hour. One of my partners said - oh there's a great hotel you can stay at right next to the courthouse. And I said, I have Noelle with me. I can't stay in a hotel. I think he gets it, but probably not. It isn't his fault. My reality is a bit different than his.
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In Oregon they don't do many depositions. They have trial by ambush. At times I wish we had that kind of a system in Washington. Instead, we've decided it is most fair to exchange information. I've been in thousands of depositions by now. Because I'm not paid by the hour but rather by percentage, I have no desire to waste time. I've taken depositions in as little as 15 minutes and as long as a couple of days. In general I can get information out of a party or an expert in two hours or less.
Read MoreToday a lawyer friend asked me how I learned to be a crosswalk.
Rewind.
Earlier this year, I "was" a crosswalk during opening statement in a pedestrian versus auto collision case. A few trials before that, I "was" a Holiday Inn courtesy van in a case involving a pilot who suffered a head injury when he struck a low hanging metal object.
Read MoreI am having a very nice conversation with a strikingly attractive woman. She seems to be about my age. We have alot in common and are getting to know each other. We are begining to form a human bond. Or at least we are trying to. There's an impediment.
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This is our last day in Paris which means: must get every second we can out of it. Start off by running down to the Tour d’Eiffel then across the Seine . Run back and get lost again because I’m looking for Notre Dame on my left but it is/was on my right. It is only fitting that I should get lost yet again. I’ve never made it back perfectly from any run this entire trip.
Read MoreHave now figured out why the French are so slim. While I have a croissant, macaroon, or other delicacy in my mouth, they have cigarettes shoved in theirs.
When I walk it is bad enough. But running - it's worse than having to deal with all the car exhaust. Go two steps. Try to hold breath. Release breath. Need to take new breath. Another smoker. Try not to inhale, but running and eventually will pass out unless I take a breath. They walk out the buildings with cigarettes already in hand, light immediately and puff. There are so many darling little cafe tables everywhere - even when it is raining they are sitting outside so they can puff. As they walk, they puff. As they talk, they puff. The air is filled with the putrid smell which to me equals cancer.
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