Voir Dire
Here are some thoughts on how to immediately and effectively connect with a jury:
- Stand and face the panel
- Own the courtroom floor, don’t stand still, don’t pace frantically either
- Maintain proper interpersonal distance, don’t stand too far away, don’t get too close
- Don’t think of it as rocket science, think of it as chit chat…organized, focused chit chat
- Pay attention to body language – yours and theirs
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Lessons in Humility
This article was published in WSTLA Trial News in 2000.
Trial Lawyers are often perceived by the public as arrogant and phony. This is because the art of braggadocio is so prevalent and even sometimes necessary in our profession. Behind the show lie those memories that need to be periodically replayed so we don’t buy into the myth of our professional persona.
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Dissent!
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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Example of a Good Mediator
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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1-800-HIRE-THE-GREEDIEST-ATTORNEY-IN-THE-WORLD
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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Mediation Meanderings
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.
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Show and Tell with Powerpoint®
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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Waiting to Exhale
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.
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Big Bad Wolf Proofing your Closing Argument
Once 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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From my kids: Proud to be a trial lawyer's daughter
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.
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The wilds of Scottsdale
I’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.
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Oral motions argument
Once 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.
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4 words
I 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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Closing PPT
Closing.pdf
This powerpoint was used in closing statement today during trial.
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Sunday Trial Prep
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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Things I admit to doing during boring depositions
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.
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Everything I learned about trial, I learned from my kids (well almost)
Today 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.
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The unreadable face
I 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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