I finish up at the gym and stop at Metropolitan Market in lower Queen Anne on my way home. Park, rush down the elevator and turn the corner to walk down the stairs. The woman's strong but not demanding voice stops me. Please give me money I'm hungry she says.
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The temptation of rebuttal is to make absolutely positively sure the jury is told the right version of the case. To have the last word and correct the defense. But the jury wants to get going. They are ready to start deliberation. They’ve listened to the lawyers for long enough. They don’t want to hear a rehash of what they already have been told.
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We probably should read up on the Empire State Building before we get there. But what can be so difficult about going up an elevator. Right.
We walk three blocks and approach it apparently from the side. We see the entrance, but it doesn’t look that big and grand. We begin to walk further but there is a man who says - “Do you want to go up the Empire State Building.” Lesson one. If someone asks you a question out on the streets of New York, and it is not for directions, move on.
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Alysha vows to be up by 6:30. We don’t get up til 9:30 which technically is 6:30 if we’re in Seattle. It is raining as we rush out the door headed for Chinatown. We get on the right subway make the right connection, then start the six block trek from Canal street to 27 Sunshine dim sum restaurant. For two blocks little Chinese women come running up to us saying “honbo” in their sing song voices. The first woman gets my puzzled look until I realize, they want us to buy the knock off handbags from the little shops that line the street. The rain picks up so we raise our umbrellas. Suddenly, it begins to pour and big gusts of wind kick up around us. People are trying to fight it and I watch as umbrella after umbrella wooshes inside out.
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I’ve agreed to speak for AAJ in New York. But it is our firm party the night before.
Both our Hoquiam and Seattle offices are together. We are on the Top of the WAC. P.A.R.T.Y! The Pauls are in their Santa Hats. Everyone is dressed beautifully with sparkles galore. We finish dinner and are about to begin the gift exchange. I lean over to Ed and ask him what time it is. 7:40. Great. I have twenty minutes before I need to leave. The volume is growing. Numbers are called, people get their gifts but can’t unwrap them. Then they steal other people’s gifts. But only two steals for any one gift. These are Hoquiam’s rules.
Read MoreMy favorite time to go to the gym is 8:00 at night. It gets dark now at 4:30. Plus it’s cold, rainy and windy. Even if I felt like running outside, I would have talked myself out of it. There’s hardly anyone in the gym this late. I have a favorite treadmill. Right in front of the television. A little too close. It is mounted from the ceiling and so I have to tilt my head back a little bit to look up at it. But it is near the window which I crack open. Ah, precious breeze. I always look at tvguide.com before I head out to the gym. I want to know what channel to turn to. This is another reason I like to go when the gym is empty. I want to hog the tv.
Read MoreThe jurors are the ones who are supposed to “speak the truth” in voir dire. This is not a time for attorneys to dazzle the jury with brilliant manipulative dialogue.
Of what use is eloquence? He who engages in fluency of words to control men often finds himself hated by them - Confucius
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Get up. Make bed. Brush teeth. Throw on yoga pants and Northface puffy long coat. Fill Nala’s bowl with water and slightly less than a cup of dog food. Wait 22 seconds until she scarfs it down. Walk to front door. Attach her leash. Go outside. Wait 1.5 minutes until she does her business. Retrieve residue with ecologically sound cornstarch refuse bag. Toss it into can. Walk back into house. Unleash Nala. Say goodbye to Noelle who heads off to school.
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If we could give jurors the full story, they wouldn’t be so suspicious and skeptical. Generally trial starts off with the jurors more suspicious of the plaintiff than the defendant. They think the plaintiff is probably very greedy and that’s why a case hasn’t settled out of court. They feel sorry for the poor defendant. Some of the laws and the judges who interpret the laws, make it even more difficult for a plaintiff to get a fair shake. They prevent the jury from hearing what is really going on. Here are the top three things that jurors have not been told in car crash cases that I’ve tried.20
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We were warned this would happen. El Nino would be a whopper this year. But those weather forecasters are never right. Except this time. The snow covers our world as we head into the holiday. What does this mean. Will people be able to travel. Will we have power. When can we get to the grocery store. Will the plows actually be out this year.
Read MoreHere are some thoughts on the first client interview in a personal injury case. This approach applies to PI attorneys who do not have "mill" type practices.
- The interview is a two way street
- Consider having a staff member attend to get a second "read" on the situation
- Go to the client if they can’t go to you
- Be aware of all the details of what you are seeing, hearing, feeling
- Ask yourself if you “like” the plaintiff then write down your very first impression even if it is not favorable
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
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.
Read MoreWe 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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