Once upon a time, a dude entered an intersection and decided to turn left. Problem was, there was another car (lawfully) coming on through. So he crashed into it. Since the female driver had a green light, anyone who drives a car knows - the dude should have yielded right of way.
Enter the defense lawyer.
Read MoreI had to bribe my children to read.
It started when Cristina reached Junior High and the other two were in grade school. They never wanted to read for enjoyment.
Growing up - I made weekly treks to the Lake Forest Park library underneath the neighborhood shopping center. It was small. I read every book in there - sometimes more than once. So it was disorienting that my girls could not conceive of reading a non-school book.
Read MoreMy dear friend Bill Bailey is now on staff as a professor at the U of W law school. He asks me to participate in a writing project. You can figure out his question by reading the answer.
Read MoreWe can't help it - us lawyers. We have to go to school for so long - it's no wonder we stop talking and thinking like real people. We say "prior" for before and "subsequent" for after. We love words with lots of syllables. Because this is what law school drilled into us.
In trial, we distance ourselves when we fail to communicate on a real person level. That's the beauty of having witnesses who are not experts. The jury can understand them.
Read MoreWe should be in trial right now. We planned on it for over a year. Had every single witness lined up. And woosh we are kicked to the curb. New start date in June.
So what. Just a few more months. What's the big deal.
Read MoreGive the speech. Go for a run. Have the spinal cord litigation group meeting. Smile at the Phoenix Suns wheelchair basketball crew demo. Go on our field trip. Gawk at the brand spanking new disability center. Apparently flirt (according to Cristina) with the very handsome fitness coordinator. Barrio Queen for dinner with a lively group of 12. Arrive back at the hotel at 9:30.
But wait.
Read MoreSuitcase is packed. We are out the door on the way to the airport. Cristina says - did you see the weather report. Um, no Robert said it was in the mid 70s. Seems a cool front is blowing in so minus that by at least 10. I've packed shorts sandles, and a short skirt to give my talk in. Oh great.
Read MoreWe wrestle while smiling. Or not. Through phone calls. Email. Across the deposition table. Am on high alert. Trial is supposed to start in one week. He wants to stall it.
Finish the deposition. While waiting for the plane send this email.
Read MoreIf the driver admits they did something wrong then there's no need to take the deposition. But there's a reason that there are so many lawyers. Exhibit A - big bad insurance companies. Here are some of the pitiful excuses they make in straight forward rear end cases:
Read MoreIf you are walking in a marked crosswalk with a pedestrian light on. With friends. And a guy in a Honda is talking on his cell and decides to turn left. And mows you down. The car strikes you. You land on top of the hood and then fall down and strike the pavement. And you are taken by ambulance to the hospital. And end up bruised and hurting all over. Then you my dear friend need to see Dr. Sean Ghidella. Because according to him - you will be healed and back to normal within three months. Boom. Just like that.
Read MoreThe defendant doctors want this LAP band surgery case thrown out of court before a jury ever gets to hear about it. So they file four (4) separate summary judgment motions all with response due dates on the day following return from New Year's break.
Read MoreOutlines serve a purpose. They just shouldn't be relied upon to the exclusion of the rest of what is going on in a courtroom.
This general outline has been in my repertoire for 20 years. My former boss, Tom Chambers, developed it. I have barely changed it. I use it as a reminder. As a guide. Not as a script.
Read MoreThe plane lands in the Tri Cities. Am on way to rental car. Defendants pull up in a work truck. They are picking up Doug - the defense lawyer. They motion for me to come on over. They want to give me a lift. How sweet is that.
Pull self into smelly dirty diesel. Am wearing jeans so doesn't matter. All good.
Read MoreDon't write out "to do" lists. Don't want or need to see how much there is to do. What would be the point. Besides, the lists go around and around inside my head like a pinwheel anyway.
Lately though, have been a bit filled to the gills. Can obsess about work when the kids are away. But when they return - it is kids plus work. Add to that the house remodel and have no breathing space left at all.
Read MoreThe defense attorney isn't getting anywhere with this expert witness. So he tries a new tactic - cutting off the answers. It may seem obvious when you are there in the room. But if you don't do anything, the actual deposition transcript won't be so clear. Then at trial, the defense will use the misleading transcript to impeach the witness.
To stop this, the plaintiff attorney nees to speak up and speak often to make sure the record stays honest.
Read MoreKiss Susan goodbye. Get into her car. Take off high heels. Amaze self as type address into navigation. Am brilliant techno person. Never mind about what happened yesterday.
Back up Prius. Put it into drive and have flashback. Am 21 driving to meet Liz at the disco. All spiffed up. Flash forward.
Read MoreAlarm goes off at 6:45. Slap it off. Get up at 8. Must get to bed earlier than 2:30. Must rush. Suitcase is already packed on the floor resting on top of a towel. Nothing can touch the floors. We are in the new house … just barely. Won’t bore you with the details of how a trial lawyer orchestrates a house move. Let’s just say it is intense. And it isn’t over.
Read MoreTwas the night before the holidays
And what does the defense do
Why - file summary judgment motions of course
In this particular case - two
Read MoreThe wife lost not only her beloved husband of 34 years. She lost her life helper. Legally blind and with other health impairments, she depended on him to see for her. To take care of her.
We used a highly qualified life care planner named Tony Choppa to draft a plan of what it would take to provide the widow with help. Specifically, the kind of help she needed from her dead husband. Going to the grocery store. Walking her to the bus stop. Navigating the world.
Read MoreThe air starts crackling.
My mom, Mary Fung, has come to watch opening. Her smile stretches the width of her face. She is wearing a polyester blue and white teeny striped suit that I distinctly remember from the 1970s. Over a blue pair of Nike shock sneakers that I used to run in. Hair pinned up in its forever bun. She looks fairly adorable. Everyone in the courtroom smiles back at her.
Read More
