The nicest thing an opponent has ever said to me

We have been in trial for a month.  Many times he's told me to back off.  We have been Going. At. It.

He is one of the best defense lawyers I've tried a case against.  Nick started as an associate with his law firm when I was in the 8th grade.   But he's not old fashioned.   He used powerpoint in opening and closing.  All of his trial exhibits were projected just like ours - electronically via a 70" LCD screen.

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Why "Honey I did great in trial today" may violate ethics rules - and what to do about it.

Lawyers love rules.  Lawyers also tend to be OCD.  Rules + OCD = an intricate, layered, never ending monstrous pile of rules that becomes increasingly difficult to navigate.  The legal profession calls this - job security.

We are equal opportunity OCD rule creators.  We even create rules to govern ourselves.  Some of them are breathtakenly overbroad and impossible to humanly adhere to.

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The Toad...a Halloween story

No matter how hard I tried to sweet talk her out of it, Alysha wanted to be a toad.

What about a witch – no.
Simba the lion king – no.
Ariel the little mermaid– no
A ghost – no. no. no.
But honey, toads are gross.
Don’t care.  I want to  be a toad.

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Karen Koehlerfamily, funny
The trial diary that almost wasn't

I first tried a MIST case (Minor Impact Soft Tissue) fifteen years ago. Glenn Phillips (he of the billboard/tv/bus/cab advertising fame) was the defense lawyer.

I was going to be speaking in the country’s first “How to Hammer Allstate” seminar conceived by my then law partner Pat LePley. So I needed a sample case. One of my existing clients was involved in a zero property damage car strike. I took it on to see what Allstate would do. They hired Glenn, his associate, a biomechanic expert and an orthopedic surgeon who wrote a 35 page report. Our side had a chiro who had never testified before even in deposition. And the husband (a Boeing engineer) to counter the defense biomechanic. Well, we beat the zero offer. And got over a grand in sanctions because Allstate refused to admit fault until the first day of trial. My love affair with MIST cases was born.

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Sunday and the ladder

It's the weekend and guess where I am.  Yes.  In the office.  Working on a brief.  Because two defendants think they can get out of  rear ending cars on the freeway.  This is the story of my morning's misadventure.

Here are few details you will observe.  First - yikes - no makeup.  Second - am sitting on ball which apparently is bouncy.  Third - have a runner's tan line.

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Whoops there she goes ...a trial diary excerpt

Trial day 3.

Swim to consciousness through Nyquil fog.  Can almost breathe through both nostrils.  But there is a weight on my body.  The left over pall from yesterday.

The tooth brush whirls.  Do not feel like full-speed-ahead-charge!-Karen on the White Stallion.  Somberly put on black combat uniform and head back out into the desert.

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The treadmill visitor

Am confined to hotel room.  Prepping for trial tomorrow.  Sniffling.  At about 10:30 pm decide to go clear away the fog.  The gym is open 24/7.  Change into gear.  Give one good last blow and head downstairs.  Turn on the lights.  Utter peace.

This is my time to let my mind roam wherever it wants.  Michael Jackson on the ipod.  The Olympics on TV.  Am watching the high jumpers.  About a mile into the run, the door opens.  A minx with shaggy (wet) blonde hair tosses her room key onto the treadmill next to me.  I sigh at the noise she makes and try to ignore her.

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Nala goes for a run

We are running my favorite route.  The sun is shining.  Oh it is so fun to do this.  Love to do this.  Ooh I see you bird.  Wish could jump out of this harness thing She has strapped around me.  It fastens in front.  She thinks it will stop me from pulling her.  Don't know why She thinks that.  But it does feel better than being pulled by the neck.  Am not complaining.  Love being outside.  Even though She runs way too slow.  But am not complaining.

We get to Myrtle Edwards park.  Ooh I see you bird.  This is where the trouble starts.  Ooh that little boy wants to pet me.  She doesn't stop.  Nice try little boy.

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Dear Judge - don't give the defense lawyers her Facebook account

Am heading out on a plane tomorrow to fight this in court.  The young woman is 21.  The defense pulled all of her public social network postings a few years ago.  Recently they tried to grab more stuff off the sites but encountered privacy settings.

We bring a motion  to prevent "an unnecessary additional fishing expedition into her private life."  The defense says - this information could be relevant so it has to be produced.

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Karen Koehlerbrief, motion
How to (kind of) suffer through leading questions

There is a school of thought that you should not object during trial.  Just let the bad questions go where they will.   So the jury won't think you are trying to hide something by objecting.  Maybe so.  Maybe not.

But in a video perpetuation deposition the court rules on the objections ahead of time.  And then the videotape is edited.  The jury isn't dragged through the technical details.

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