“The Velvet Hammer” Blog

Blowing into Split and hiding from the mankinis

Blowing into Split and hiding from the mankinis

Phone rings at 7:10. They haven’t unlocked our connecting door yet so it is Noelle seeing if we are ready. Need to be in Theater to be sent out for walking tour at 7:45. Crud. Turn on fast mode. Do everything needed to get ready, sharing one yard square bathroom w/Cristina. 7:25. Realize, no time to eat breakfast. 7:30. Unpacking purse and packing beach bag. 7:35. On mission to get up to 9th floor, get beach towels, fill water bottle and get fruit. 7:40. Discover towel stand isn’t open.

Karen KoehlerJune 26, 2011family

Running in Venice

Running in Venice

Out the door, down the cobbled street to the left a few feet, under the archway and am in St. Marco’s Piazza. The weather is perfect at barely 70. In honor of being in Italy, Ipod is filled with songs from…why Madonna of course. Starts off with Lucky Star. Am getting in the Venetian spirit.

Karen KoehlerJune 25, 2011running

The glamorous life goes to Venice

The glamorous life goes to Venice

We do the math. It will be way cheaper for us to have airport shuttle service than to leave our car. Cristina makes the arrangements. An SUV is ordered. Ding Dong. Car is here. What happened to the SUV. A white stretch limo has come to whisk us away.

Karen KoehlerJune 22, 2011family

Defense Medical Exam Warning Letter to Clients

Defense Medical Exam Warning Letter to Clients

What kind of a doctor can make half a million bucks a year not even treating a patient? Why an insurance paid defense medical examiner of course. Not all of these docs are completely sold out. Some actually practice medicine and do these exams as a (well paid) hobby. But there is quite a list of not so lovely characters doing DMEs to fund their lifestyles of the rich and famous.

Karen KoehlerJune 17, 2011defense medical examiners, insurance, personal injury

The last graduate

The last graduate

Noelle graduated from high school yesterday. Somewhere inside me there is a frantic primal scream waiting to get out. It doesn't seem possible.

No more babysitters to juggle so I can go to work.
Or teachers' names to pretend to remember.
No more PTSA announcements to scan.
Or soccer and tennis games to attend.

Karen KoehlerJune 16, 2011family

How does a trial lawyer take a vacation

How does a trial lawyer take a vacation

Was at a retreat recently where we took a personality test. Several of the questions dealt with things like spontaneity. Are you the type to make plans in advance or go with the flow. In other words - can you jump on a plane with a moment's notice or are you the stodgy detail oriented uptight plan everything in advance boring type.

Karen KoehlerJune 14, 2011family, traveling lawyer

There are always a few mouse turds in a bag of rice

If you or a loved one are injured (or worse). This is what won't happen. My law firm will not come knocking uninvited on your door.

On May 13, an injured person filed a lawsuit against three law firms and their "runners" for trying to get him to sign up as their client.

Here's what happened.

Karen KoehlerJune 10, 2011legal marketing, legal profession

The world wants to hear from clients - not attorneys.

Press conferences before a case ends is one thing. Attorneys have to carefully monitor what can be said or not due to legal ethics rules.

But after a case is over, attorneys need to step to the side and put the clients front and center. It is their case. They are the people whose lives have been impacted. It is their moment.

Karen KoehlerJune 5, 2011client, kristopher kime, in the news

Deposition of a Squirmy Insurance Adjuster

The Ethel Adams case gained national attention when Farmers refused to provide insurance coverage. It said the "car accident was not an accident" because the person whose truck hit hers, was the victim of a whacko's road rage. Public outcry and pressure from the Office of Insurance Commissioner caused Farmers to cave. Paul Stritmatter and I then filed a bad faith lawsuit against Farmers

Karen KoehlerJune 2, 2011deposition, insurance

An ugly elevator

An ugly elevator

Hyatt at the Capital. Waiting for the elevator in running gear. Sunglasses on. Earbuds in but not turned on. There are four people standing waiting as well. Two besuited, Caucasian gray haired men and two coiffed women.

The elevator opens with one passenger, a dignified African American man already inside. In we go. Notice everyone is wearing badges that say: Family Research Council circled with the slogan Watchmen on the Wall. Have seen many people in the hotel with these badges. Some with pastors collars on. There are signs for the group everywhere.

Karen KoehlerMay 28, 2011traveling lawyer

Which Way

Which Way

Am hob nobbing with senators, representatives, and their aides in the other Washington. Or rather, my friend Maria is talking to them and I periodically smile when they make eye contact. As the morning progresses, must admit. It is rather fatiguing - all this head shaking, hand shaking and smiling.

Karen KoehlerMay 26, 2011friends, traveling lawyer

Capital Mall

Capital Mall

Take two right turns out of the hotel. My breath catches. Am facing the capital building. Smile hugely. Techno music on the ipod. The sun is shining and it is muggy. Negotiate the sidewalks and cross streets. Arrive at the Capital Mall.

Reminds me of the big track around the Tour d'Eiffel. The vast open spaces are great for running. Try to get lost but can’t because the monuments are everywhere. Like giant compass markers. The Washington Monument is the first one in line. It is tall, white, solid, symmetrical. Massively Pristine. Run around it, looking up but decide better keep eyes on the ground. Lots of ruts in the path.

Karen KoehlerMay 25, 2011traveling lawyer, running

Board retreating

Board retreating

Today am on my way to a WSAJ board retreat. In beautiful Suncadia - a relatively new resort that has somehow managed to weather the great recession. It is located on the other side of Snoqualmie pass. A two hour drive. Even with all the trucks and roadwork.

Karen KoehlerMay 24, 2011lawyer convention, traveling lawyer, wsaj

Social Networking Warning Letter Form for Clients

Social Networking Warning Letter Form for Clients

When plaintiffs file lawsuits, the defense insurance companies hunt them down on the internet like criminals.

The plaintiffs' fun, fellowship, and joy of connecting with others through Facebook and Twitter; is instantly smashed to pieces when they find out they are being spied on.

But many people don't know that their harmless wall posts, photos, and video clips, are being amassed into an arsenal to be used against them.

Karen KoehlerMay 18, 2011car accident, personal injury, obnoxious defense

Perpetuating* radiologists' depositions

Perpetuating* radiologists' depositions

Get up at 6:00 am. Have to drive back downtown before heading south. Need a plan "B" in case doctors don't have access to the radiology films. Get ready, feed and quickly walk Nala. Write note to let the girls know she's been fed. Wash bowl of raspberries. Get in car 6:30. Eat bowl of raspberries on the way. Get to office by 7:10, run in undo alarm. Grab computer discs, run out redo alarm. Back in car 7:15.

Karen KoehlerMay 17, 2011deposition, lawyer schedule

Judge talks about voir dire

Judge talks about voir dire

I sent my voir dire booklet to all the judges in our state. Here is the email from one of them.

I just finished reading your SKWC “Voir Dire” article. It was excellent, I learned a lot. Although I believe the MacDonald’s case was from New Mexico and not California.

Karen KoehlerMay 12, 2011judge, voir dire, writing

Deposition of a State expert witness

Deposition of a State expert witness

This is my take on today's deposition of an expert engineer for the state. Actually this is way better than how the real witness performed.

click here. http://youtu.be/juZq059TH1U

Karen KoehlerMay 12, 2011deposition

Witness deposition timelines

Witness deposition timelines

When we study for tests, we make notes. When we prepare for oral argument, we write outlines. There’s something about thinking and writing that helps us better process and remember details.

In deposition, the accepted school of thought says – non-party witnesses should never write anything down when preparing for their testimony. There is no attorney-client relationship. So the notes will be discoverable by the other side. The defense lawyer will study them. The notes will be used against the witness and/or the plaintiff.

Karen KoehlerMay 2, 2011deposition

Judge pounds defense firm

We send out written questions allowed by court rules. We get back pages of objections from the defense. Pages and pages sometimes. This is not only irritating. It is frustrating. Because we tend to sue big corporations, insurance companies and sometimes the government. If they hide things, it makes it difficult to prove a case.

Karen KoehlerMay 2, 2011judge, obnoxious defense

The unreadable face revisited.

The unreadable face revisited.

I wrote about the botox effect in October 2010. Intuition is partially based upon micro-expressions. I worried about being handicapped in trial. What if a juror or witness had been facially frozen. The article concluded: "This all means that I better embrace my wrinkles because I need a jury to believe that I am me."

Karen KoehlerApril 25, 2011lawyer style