Car v. Pedestrian Jury Instructions W Cites FINAL.pdf
There was one pattern instruction in this set that we didn't like. The problem is - judges love pattern instructions. So it was given. A few months after this trial, that pattern was amended.
Even so, the jury did pretty much the right thing and this young woman received a nice verdict.
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There are some aggravating people in this profession. That suits me just fine. Being nice has its place. But it is fun to wrestle with opponents.
Today am spammed with a brochure. Touts a two day seminar on civility in the profession. Sorry to say this pretty much brings up gag reflex. Here's what it says:
In this intensive 2-day program we will strive to create a retreat-like seminar* to engage in a dialogue about civility. After we explore characteristics of civility, we will discuss the costs of incivility, the benefits of civility, the foundations of civility, and strategies to foster civility within our personal and professional lives. In addition to traditional lectures and presentations, this immersion seminar will include interactive and creative exercises. *To facilitate a relaxed atmosphere please wear casual clothing and unplug from laptops, emails and phones.
Read MoreAm sitting next to our expert and the court reporter. On the other side of the table there are three defense lawyers. Two more are on the phone. We start at 2:00. At 2:35 throw my first fit. Here is why.
To comply with the subpoena, the expert has brought in every document he's been given and has relied upon. This equals a foot and a half stack of files. Dale the defense lawyer starts off asking if it is okay to copy everything and to return the files later. Permission granted.
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It is a beautiful Sunday morning. We enter the freezing West Seattle High School gym. Am wearing poofy big jacket so no problem. Cristina is looking stylish in a vest and begins to turn blue.
Have volunteered to handle the scoreboard and clock. Am going to make Cristina do the hard part. The coordinator gives us directions. The teams are warming up. We are watching them. Not paying attention to the guy. I tell Cristina to listen to what he's saying. We end up splitting the duties in half. I do the score and fouls. She does the clock.
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Am lost. Have made it to North Seattle University but need to find the media room in the education building.
Ask student - Do you know where it is. Nope.
Ask another and another. No No No. Give up. Go to library. The person at the desk says go down back up over and behind there. Do so. Find the building. But where's the room. Student with earphones packs up computer, iphone, coffer, binder and escorts me to the room. What a sweetheart.
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Several years ago my friend and colleague Morris Rosenberg asked me to work with him to represent Nancy Callan a world class glass artist. She was and is a fun and amazing person. After the case concluded I visited her house/studio and bought a glass sculpture. I also bought an modern architectural painting from her long time partner Julia Ricketts.
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My sister Susan is the middle child of the Koehler clan. As kids we called her Poohhead. Pooh for short. Over the years she regularly demanded that we stop using that name. When my children could talk, my sister Jenny told them to call her Auntie Pooh.
Susan is a smart cookie. She married her college sweetheart John and they live in a "beach cottage" in Manhattan Beach, LA. My adorable niece Ryan keeps them hopping. I don't think she's allowed to call her mom Pooh.
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We meet Dave the Bailiff first. Through emails. We are cooling our heels. Waiting to see if our trial will start on time. Instead of ignoring us, Dave gives us up to date emails. Plus he has a sense of humor.
We are in trial for three weeks. During this time we get to know Dave the Bailiff and his smile even better. But there's someone next to him up on the bench. Julie the Clerk. She seems quiet but it is all an act. She has a droll sense of humor. We like both of them.
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Am on an errand. Cristina calls. She is answering phones at the front desk.
Yes dear.
You have a bouquet.
Really? (voice lilts upwards).
Yep.
From who?
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The first time I wanted to dye my hair, I was a 23 year old second year law student and a Madonna wannabe. I tried to envision myself with bleached blonde hair and black eyebrows. Ultimately I chickened out.
A few years later I was in Europe. The Italian women had dark hair like mine. But they had put copper streaks all through them. This was called a foil. I could actually envision myself with copper locks. But again, chickened out.
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Family member testimony helps a jury understand the human impact of injury. The attorney will often become sidetracked by focusing on getting answers to specific questions that dot "i"s and cross "t"s. Stilted, formal, data-based questioning is a good way to shut down these valuable witnesses. Words after all, are less important than everything else that goes on when we form impressions.
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The jury goes back into the deliberation room with two items: 1) exhibits; 2) written instructions.
It isn't good enough to simply submit your instructions. You have to argue for them. And if you lose, you have to create a record in the event of appeal.
Here is the transcript of the instruction argument from a trial I handled with my law partner Kevin Coluccio.
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Trial starts tomorrow. There's just one little itty problem. And it is at the end of my foot.
The saga started two months ago. (Packing whacking and a sick dog). Basically thought the toe was chopped off but instead broke it.
Like any good trial lawyer - didn't go to the doctor. No time for that. Instead watched the toe swell into warm fat sausage with red black and blue tinge. Figured it would have healed by now but oh no.
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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.
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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!
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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.
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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.
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Have big giant lawyer crush on David Ball. Have followed him around the country listening to his speeches like a faithful groupie. So when Cristina stumps me with her question, decide to pose it to him. Here's what he says.
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