“The Velvet Hammer” Blog

Complexity is a friend of the defense

Complexity is a friend of the defense

In trial, David Ball’s rule is to spend less time on showing fault than proving loss. His point - we are not going to trial to simply get a verdict of responsibility. It isn't enough for a jury to tell the defendant "you did it." The jury needs to make things right. Our country has decided that isn't done with "an eye for an eye." Instead, the jury sets a money value that is needed for the plaintiff to get back to even.

The defense wants to turn the jury's attention away from making things right. It does this by making the jury's job complex. The defense will fight even those cases where fault should be crystal clear.

Karen KoehlerMarch 12, 2011car accident, jury

Tiger Mom Lawyer

Tiger Mom Lawyer

A letter from Tom E:

Karen, you story reminds me of someone, equally devilish, who rammed a jury verdict right through my professional reputation 33 years ago, after I lost a supposedly unlosable case. Only it wasn’t a He. It was a she.

As the then City Attorney for Lake Forest Park, it was my duty to prosecute a gentlemen who was accused of unlawfully aiming and pointing a firearm, and attempted assault for throwing Ninja Stars. Seems he had challenged a patron of our City’s Dance Club – Fandango’s – to a Kung Fu fight in the parking lot. A fight witnessed by close to 100 patrons, all of whom were more than willing to testify the Defendant had indeed drawn a gun and thrown a Ninja Star.

Karen KoehlerMarch 12, 2011family, women

Juries don't expect perfect plaintiffs

Juries don't expect perfect plaintiffs

Every once in awhile there will be a plaintiff who is almost saintly in their wonderful-ness. I remember one darling Grandmother. We all fell in love with her. When she scrunched up her cute little face and talked about her sadness, jurors weren't the only ones crying. Mary Anne was as perfect as they come.

With the occasional saintly exception, plaintiffs are human beings like the rest of us. Jurors don’t expect our clients to be perfect. When we try to prove they are, we set them up for failure.

Karen KoehlerMarch 10, 2011lawyer life

Don't ignore the defense in opening statement

Don't ignore the defense in opening statement

We set the case up for disaster if we build it way up and ignore what the defense is going to do to it. This would be like a basketball coach only having the team practice offense.

Instead, the coach studies the opponent. Maybe sends out a scout. Watches film. Devises strategies. Has the team practice then implement them.

We've all heard the saying -sometimes, the best offense is a good defense.

Karen KoehlerMarch 9, 2011opening statement

How to avoid boring your seminar audience

How to avoid boring your seminar audience

If you are sitting in the audience, watching yourself give a presentation, would you be inspired and eager to hear more? Let's be frank here.

There is a tendency to focus on pleasing ourselves when we give a speech. Maybe it's because we need to do everything possible not to show our fear. Or we are trying to look good and smart. When we focus on self, we channel our energy and efforts away from our audience. In return, our audience will go to sleep.

Karen KoehlerMarch 4, 2011lawyer seminar, public speaking

Goin straight

Goin straight

Downtown Salt Lake City feels like several different worlds. To the right and across the street is Temple Square complete with amazing church spires set within the background of a mountain range. I've never seen so many men in suits and ties.

To the right is the old Union Station which is now part of The Gateway. This is where all the shops are. A whole lot of 'em. And a movie theater. Not quite so buttoned up here. Don't feel quite so alien. Need to kill some time before the movie starts. So walk into Salon H20. Can't tell you how long it has been since I've been a salon. You'd feel sorry for me.

Karen KoehlerMarch 4, 2011traveling lawyer, lawyer style

A lesson not taught well enough

A lesson not taught well enough

Am late. The room is filled with female trial attorneys. We call ourselves WOW (Women of WSAJ). Am here to show moral support. Move to the rear of the room, grabbing a cluster of red grapes along the way. Take off puffy coat. Stand and listen.

About ten minutes later my phone rings. Go to silence it but see it is Cristina. Are you still in a meeting she says. I whisper yes. She promises to call later. Put it on silence. Another ten minutes pass. I see someone on the other side of the glass door. Break into huge smile. It is Cristina. She's surprised me by coming home from college (spring break) a day early.

Karen KoehlerMarch 3, 2011wsaj, lawyer convention, women

Yes, we will always remember

Yes, we will always remember

It is freezing out here. The candles keep getting blown out by the frigid wind. We are huddled in puffy coats and blankets. Standing on the street corner where Kris's memorial lies. Feet away from where he was struck down in the middle of the street.

The family is accompanied by friends. A man who has Kris' heart. A cop and a lawyer.

Kris was killed when he was 20. Ten years ago. When my girls were 11, 10 and 7. They are his age now.

Karen KoehlerFebruary 28, 2011client, in the news, kristopher kime

Running Atlanta

Running Atlanta

Finish speech. Time to see the city that I've only seen through my hotel room.

Black knee length tights, racerback shirt, long-sleeve shirt, sunglasses, cap. Ipod. Grab a running map from the front desk. Turn left out the door. Blue skies. Probably around 70 degrees. A bit windy. Down two blocks on W Peachtree to 10th. Take a right and head for The Park. Pass cute little eateries with outdoor seats filled with those having a late lunch or afternoon snack. Too hot. Wiggle out of long sleeve while running (nice spectacle) and tie it around waist. Can’t help but smile. Left snow in Seattle.

Karen KoehlerFebruary 27, 2011aaj, running, traveling lawyer

AAJ Brain Injury Seminar - The seminar

AAJ Brain Injury Seminar - The seminar

Last time I look at the clock before sleeping, it’s 3:30 am. That’s actually midnight-ish Seattle time and makes sense. Best way to avoid jet lag is simply to ignore the clock as much as possible until get home. Second best way is to mentally minus 3 hours for the next 2 days. Except for getting up. Have to get up in time to give speech. Set wake up for 8:00 am which is 5:00 but who’s keeping track.

Karen KoehlerFebruary 26, 2011aaj, lawyer convention

AAJ Brain Injury Seminar - The Taxi Driver

AAJ Brain Injury Seminar - The Taxi Driver

Get off the plane in Atlanta at 9:00 pm. We are at gate E1. Follow the sign that says Ground Transportation. And follow it and follow it. E1 is the far end of E. Down the hall Up the escalator. Down the hall. Finally get to D. Down the escalator. Down the hall. Up the escalator. Hey wait a minute. Realize should have gotten on the train. E is at one end - ground transportation at the total opposite. Get on crammed train. C, B, A, T then destination. Good thing got on the train. Get off train. Walk outside to the taxi stand.

Karen KoehlerFebruary 25, 2011aaj, traveling lawyer

Lessons from The Bieber

Lessons from The Bieber

Am feeling like pious good mom. Am going with Noelle to see "Never Say Never" - the Justin Bieber movie. She's seen it once but wants me to see it with her.

We drive to Jimmy Johns. She gets tuna. I get veggie wrapped in a lettuce leaf. They make them both in two minutes flat. I give them a tip. They try to give it back because apparently they aren't allowed to have tips - why not who knows. Noelle sticks the wrapped tasty morsels in her purse. Has to crunch them up a little. Movie theater doesn't like healthy food.

Karen KoehlerFebruary 23, 2011family, inspiration

Interacting with trial court staff

Interacting with trial court staff

Most of us have no idea what the clerk and bailiff actually do. We suspect the Judge gives them instructions that they carry out. We tend to mix them up and view them as indistinguishable. But they are quite different.

In trial, the clerk is in charge of the physical trial exhibits and court documents. The bailiff takes care of the jury and courtroom set up.

Karen KoehlerFebruary 22, 2011bailiff, clerk

Marymoor Yippee

Marymoor Yippee

I’m happy today. Actually I’m just about always happy. I like being in this little cozy compartment with this dirty brown fuzzy pad in it. It smells nice. The music today is groovy. Yep. This is the life. Can’t wait to do whatever is going to happen next.

Wait. What’s that smell. Do I smell something different. Doesn’t smell just like car fumes and pavement. Sniff. Sniff. Oh my. Do I dare to dream. Yippee. Yes it is. It is! Oops. Sorry about that. I know she doesn’t like it when I bark in the car. But I know where we are. Oooh. Yay! I’m so happy.

Karen KoehlerFebruary 21, 2011funny, nala the brittany spaniel

No time outs

I'm breathing through the mouth. Because the nose is stuffed.

In the middle of four days of depositions in Vancouver WA. Get sick the night before I leave Seattle. For the first day pretend I'm just fine. This works only in my own mind.

We are in a large windowless court reporter's room in a converted machinery shop. Three tables are fashioned together. At one end sits the witness, the court reporter, me and the main defense lawyer Nic. Next to me is my wonderful co-counsel Gordon who has flown in from Wisconsin. Everyone else piles around down at the other end as far from the germ blower as they can be. There are anywhere from seven attorneys on up in that room, plus insurance folk, risk managers, the guardian.

Karen KoehlerFebruary 16, 2011deposition

The glamorous life

The glamorous life

The wind is whipping everything around. Including the rain banging against the windows. My Miami tan is covered in JBrand jeans, knee high flat boots, an H&M t shirt and a Donna Karan jacket I've had since the 90s that will never go out of style. All black of course.

Karen KoehlerFebruary 14, 2011lawyer life, lawyer schedule, lawyer office

The Help

The Help

The first book I read on my new Kindle (thanks Laurie and Greg), is The Help by Kathryn Stockett.

Set in the 60s in racist Jackson Mississippi, it weaves the tale of a White woman writer named Skeeter. Skeeter is a member of the White social clique, but begins to splinter off and away from her friends. She gravitates towards the Black maids, in part because she does not know what happened to her own (her mother plays a hand in this).

Karen KoehlerFebruary 13, 2011book review

Aqua blue

Aqua blue

Right through the side door, left at the street and another quick left on the outside of the hotel property line. That way I don't have to run through the pool sunbathers. Turn right and run along the boardwalk hugging the side that is sometimes covered in shade. There's not much of a wind and it is mid afternoon.

Karen KoehlerFebruary 8, 2011aaj, lawyer convention, traveling lawyer

The beach

The beach

I have an hour between meetings. Rush up to 11th floor. Toss on red bikini and gold flip flops (hey it’s Miami). Throw on shorts and black flowy t-shirt thing. Ipod. Kindle. AAJ logo beach bag with computer. Hat. Sunglasses. Rush back down. Walk under gorgeous canopy of palm trees leading to the pool. Grab towel. Traverse crowd on loungers surrounding pool. Keep walking out through little gate. Skim across promenade. Ahhh. Toes hit fine white warm sand.

Karen KoehlerFebruary 6, 2011aaj, lawyer convention, traveling lawyer, women

Time to play hooky with Edouard Duval-Carrie

Time to play hooky with Edouard Duval-Carrie

We really should be going to a political luncheon. One of the high points of AAJ conventions are the big wigs who come to speak. Sometimes they are phenomenal. A couple years ago we had Hilary Clinton, Barak Obama, Joe Biden and Bill Richardson one after the other. But today, we walk out into the sunshine, grab a cab and head towards the Haiti district. It is a bit out of the way and our cabbie offers to come back to get us.

Karen KoehlerFebruary 6, 2011aaj, inspiration, lawyer convention, lawyers have fun