Cross exam wrestling match with a defense vocational rehab counselor
Cross exam wrestling match with a defense vocational rehab counselor

The expert witness is making my blood boil.   Direct exam is a pre-rehearsed script.  The defense attorney reads a question the expert spews back an answer.  They don't come right out and say so, but the inference is the client isn't working because either: a) lazy or b) hoping for lawsuit lottery.  They don't have to be so nasty.

Hand is on client's arm.  Whisper words of kindness from time to time.   Keep mask of pleasant person firmly on face.  Do not roll eyes.  Realize foot is tapping.  Become still.  Like a falcon.

Read More
Karen Koehlercross examination, experts
The day before trial....or not
The day before trial....or not

The suspense is building.  All of our exhibits have been copied and are ready to go.  We have larger than life size poster boards of images.  Witness lists done.  Trial briefs done.  Motions done.  Jury Instructions done.  Briefs contesting the other side's arguments done.  Our witnesses have been called and are on standby.  We are so ready.

We've overcome all of the attacks on the case to get this far.  Feel like the Black Stallion.  Dancing, prancing, frothing a little bit, waiting for that door to open so can GO!

Read More
Karen Koehlerlawyer life, legal scheduling, bailiff
Do Not Disturb
Do Not Disturb

The defense has filed motions asking the judge to keep evidence out of the trial.  Garth has written briefs to oppose the motions but they need more factual detail.  This means need to dig through half a dozen depositions and a six inch stack of documents.   Am taking an expert deposition at the same time by phone on a different case.  Finish it and hang up.  Phone rings  pick up repeat.  Paralegals running in and out.  Am known for being able to multi-task.  They talk, I answer while typing. 

Read More
Karen Koehlerfunny, lawyer office
A trial lawyer's life one week before trial
A trial lawyer's life one week before trial

The ringing is obnoxious.  Reach over and turn off the alarm.  Sleep in for hours it seems until finally get up at…7:45!  What time did I set it for good grief.

Do my thing and out the house to see if Nala will do her thing.  As usual it will depend on what’s going on out there.  Oh dear.  Another dog is walking its woman.  Nala stays at attention until they pass by.  Lunges and begins to act all crazy but a stern talking to makes her (kind of) behave.   A car whizzes by – freeze and point.  A leaf blows in the wind – freeze and point.   Throw in some squirrels and birds.  The dog drives me bonkers.  Time is of the essence here.  Which she ultimately remembers and finally gets the job done.

Read More
Karen Koehlerlawyer life, nala the brittany spaniel, lawyer schedule
Why do people sue?
Why do people sue?

Am in Louisville, Kentucky preparing to give a speech at their annual convention.  Two people have randomly greeted me in passing and said "you have a hard act to follow - all the speakers have been great."   Should have known this would be prophetic.

Do not like to give recycled speeches. Do not like to memorize anything.  Need to FEEL in order for the words to flow well.   Lately have been interested in exploring how to reach jurors regardless of their political or religious leanings.  Accessing shared core human values.  So the topic is a bit obtuse.  Particularly where here, am not teaching how to do something in particular - like give an opening or closing statement.

Read More
Karen Koehlerfamily, lawyer convention, public speaking, traveling lawyer
The bone
The bone

She's been on quite good behavior.  For Nala.  Probably because she ran and swam at the dog park yesterday and then went on a run with me.

Meet Alysha at Whole Foods for lunch (salad bar heaven) and pick up a bone for Nala.  It is pre-wrapped but don't want to touch it.  Get little baggy from bulk foods and use that to scoop it up.

Read More
Karen Koehlerlawyer office, nala the brittany spaniel
How to stay awake during a boring deposition
How to stay awake during a boring deposition

Sometimes the hardest thing to do in a deposition – is stay awake.

Give me an obnoxious opposing counsel or difficult witness any time. At least the deposition will be lively and fun.

Today, ten of us are in my firm’s conference room. The videographer is at one end of the conference table. At the other sits the witness. In back of him is a neutral screen. It blocks out the angels frolicking on the old antique sideboard that usually dominates that end of the room. The camera is pinned on his face. He will become the ultimate talking head. A jury will hear but never see the rest of us.

Read More
Karen Koehlerdeposition
There is no greater sorrow

She opens the door before I knock.  I walk up the three pristine wooden steps and am inside.

Please, she says, and motions for me to take the royal blue recliner.  She sits near me on the couch.  There is not much bric a brac.  No little tables cluttering the narrow path that runs down the side of her slender home.  It is a white rectangle.  I can see the bedroom at the other end.  The kitchen is in between.  On top of the refrigerator is a pottery piece of three very green and large smiling frogs.

Read More
Karen Koehlerwrongful death
Escape of the Goblin
Escape of the Goblin

Am being good patient non-wiggling member of audience at the convention.  For several hours.  It is the Luvera Seminar without Luvera (dear Paul please get well).  Another Paul (Stritmatter) my partner, is playing the role of host to a rapid fire panel of speakers.

Paul tells a story to illustrate the point that jurors always like him the best of anyone in the courtroom.  He says he works hard to be professional and nice and liked the best.  And over time whether inside or outside of the courtroom, it is a habit that has stuck.  He is a very pleasant and likeable fellow.

Read More
Karen Koehlerlawyer convention, public speaking, wsaj
On Winging It.

Have to resist rolling eyes when people say: so you're going to wing it.  In mind see chicken flapping wings with feathers flying everywhere.

Have finished lovely run.  Am a bit late so go directly to the seminar registration desk and pick up materials.  Head to elevator on way to room for a bit of a wash and change.

Read More
Karen Koehlerpublic speaking, lawyer convention
Where's my biscotti
Where's my biscotti

Eagerly open the door to the hotel and rush over to the little table in my room.  There's the candle and right next to it should be the chocolate covered biscotti.  Last night found it in the little goodie bag left by one of the convention sponsors.  Didn't eat it then, but was saving it for a moment just like right now.  Except there is no biscotti.

Read More
Karen Koehlerfamily, lawyer convention, traveling lawyer, wsaj
The Alpha in Deposition
The Alpha in Deposition

Nala likes me to do her bidding.  She takes me for her walks.  She puts her head or paw on my foot when we are sitting here in the office.  We will have staring contests which she almost always wins before I give up and blink.  Am okay with that.

Could have chosen to follow the instructions from the doggie obedience school (who had Nala trained perfectly for an entire month before we undid everything).  But was happier with letting Nala's own perky personality rule the day (and us).

Read More
Karen Koehlerdeposition, nala the brittany spaniel, objections
Packing, whacking, and a sick dog

My toe is throbbing and I suppose I should tell you why.

Am also not going to edit this blog.  You’ll see it needs to be.  The p key just fell off the lapto.  In order to hit the p I have to pause and touch it just perfectly which is a real pain.  It isn’t actually a key anymore, just a little blue nub.   All missing letters will be pees.  Sure hoe Ryan can fix this in the morning.

Read More
Karen Koehlerfamily, lawyer life, nala the brittany spaniel
The Farewell Run
The Farewell Run

Run out the door, down the driveway turn left.  Am going to say goodbye to the neighborhood that has been my family’s world for the past 21 years.

It is the first bona fide over 80 degree day of the year.  6:30 in the evening.  Too hot for Nala.  Cross the street, and head into the next subdivision.  A man is power washing his driveway.  A familiar car goes by – ex-husband and his wife.  They turn at the next street.  We live close by.

Read More
Karen Koehlerfamily
A trial lawyer's plane travel strategies.
A trial lawyer's plane travel strategies.

Actually the headline is a bit misleading because it is not possible to ever actually like the process of flying on a commercial airplane – in coach.  But there are ways to make it bearable.  If things don’t go horribly wrong that is.  There is always THAT.  The element of “what if” to make things spicy.

Check in online as soon as am able.  Check to see if a better seat is available. Typically will cut things a little close when heading to the airport.  (This article won’t discuss the times have cut them too close.)  Don’t like waiting.  Bad impatient person.

Read More
Karen Koehlerlawyer schedule, traveling lawyer
Worst lawyer speeches probably ever

How can trial lawyers be such bad public speakers.

Oh, this is a snarky topic.  Should not be critical of people who volunteer their time and talent to help others .   Is there a benefit in publicly venting in this way.  Tsk tsk.

Am here at the AAJ convention in NYC.  Sitting in seminar and am only not bored, because am engaging in self-indulgent venting.

Read More
Karen Koehleraaj, lawyer convention, public speaking