I teach trial advocacy with Judith Shahn who is a voice coach. Judy has been a senior lecturer at the University of Washington's School of Drama since 1990.
Here are Judy's top suggestions for more effective speaking...
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Today, someone does something that really ticks me off. Actually, two someones do.
Inside, am gnashing teeth. Mumbling non-swear words. Like Elmer Fudd aims at Bugs Bunny.
Outside, do nothing. Other than email one word to staff: Lame. Then go about business as if nothing is ticking me off at all.
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This showed up in my email today. At first I hoped it was a bad joke. It wasn't. This wins my award for Most Tacky & Gross Lawyer Advertising Scheme 2012.
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Reid is my daugher Alysha's boyfriend. He comes bearing gifts. An ornament for the tree from Denmark where he was studying abroad. And this poem that he wrote last night on his way to see The Elf musical.
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We are packed in his former office building. Reminiscing. Rubbing elbows. Smiling and sometimes shedding tears. Marveling over the career of this brilliant man.
Born over a gas station in rural Washington. Becoming one of the best plaintiff trial lawyers the state has ever seen. President of the trial lawyers. President of the state bar. And finally Supreme Court Justice. We are here to honor Tom Chambers.
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The Velvet Hammer blog won its category last year as the top Trial Law Practice Blog. Am in the running again this year.
Me: Alysha, did you you vote for me
A: Yes
Me: Well, those kids from Philadelphia are on the hunt. They are going to catch me.
A: Just post it on your blog
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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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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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My mother brought a 73 year old palm reader to Thanksgiving dinner.
Mom: I want to bring my friend Ed. He is really bright. He is an attorney and a palm reader and I share my energy with him.
Me: Mom, I have already set the tables for 27. We do not have room. I don't have any plates left and had to get extra silverware from the office.
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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.
My parents had a pretty good strategy on how to keep the five of us out of trouble. Both of them worked. We had various babysitters (one of whom ripped us off but that's another story). This was in the days when neighbors kept a lookout for us kids as well. Still, mom and dad left nothing to chance.
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Today is our last day to file motions. For the third time since the trial has been continued twice. Motion after motion, instructions, declarations, orders, notes. We have been working like crazy to get them all done. Garth and I have been doing all the briefing. Anne and Jody are scrambling to format and get everything filed.
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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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A. This is the polite way I have to fight defendants who move the court to dismiss my client's case. (Page 1 of 15).
In a chain reaction freeway collision, both defendants admittedly rear ended the vehicles in front of them. They claim they are neither negligent nor a proximate cause of injuries to Mr. F who was smashed in between them.
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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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Flashback.
I've been a lawyer for about three years. The other lawyer has been mean to me since day one. Today we are arguing in court. I win the motion. The judge signs the order. There are no copy machines in the courtroom. We need to take the order down to the clerk's office, copy and then file it.
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Usually I don't question my own witnesses in deposition. The other side is taking the deposition. And it's their job to do the asking.
But occasionally there are times when we need to help make sure the record is straight. Here are some examples...
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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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I think it's a mouse, says Noelle.
What?!
Um. Let me go look. She is in her nighty. Walks on tip toes, bends down, looks under the t.v. cabinet. Jumps up runs back and springs onto bed. Yes, it is.
What?!!!
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