Am at Burlington for Vermont's annual convention. Todd Schlossberg comes up to the podium to give my introduction. What he does next is the single best introduction I've ever witnessed at a trial lawyer seminar in my whole entire life. Am not exaggerating.
Read MoreGood trial lawyers tell pretty good stories.
Mistrial by Mark Geragos and Pat Harris is a nonfiction book of pretty good short stories tied together with a more lofty agenda: addressing the institutional erosion of the defense of reasonable doubt.
Here are the good things about the book: It is written in a punchy attention grabbing style and the stories are of the sensational variety. Both lawyers know what they're talking about.
Read MoreWhat the heck is a spreecast.
Why so glad you asked. But can't quite explain it to you. Because still not exactly sure.
Mitch Jackson, asks me to do one with him. On voir dire.
Read MoreYesterday night Noelle didn't come home. I worried about her. Even though I figured she was staying at her friend Leda's house. Noelle is 19. Old enough to think that she doesn't have to check in every single minute of the day with me. I have a hard time with that. Cristina and Alysha, her older sisters, know that 19 is not my magic cut off number. Because I still call them and ask where they are every single day as well.
Today am working on two different cases where two kids Noelle's age, didn't come home ever again. Here's the story of one of them.
Read MoreIn this deposition, the defense attorney accuses me of being unprofessional. So what do you think. Was it okay for me to stand up to my client. Or should I have let him continue down his path without interfering. You be the judge.
Read MoreBack when I was an defense lawyer, this is how the firm got business. The partners golfed with, rubbed shoulders at clubs with, went golfing and to four star dinners with insurance and corporate key persons. The firm maintained these relationships and periodically was able to build a new relationship with yet another company. These relationships could last for decades.
Read MoreHere are real life examples of dumb things people do after they hit someone with their vehicle.
10. Stay put in your vehicle and call your boss before you do anything else. Give them the bad news without getting out to see if the person you hit is injured or even still alive.
Read MoreThe alarm is ringing. Try to ignore it, but know cannot. Look at the phone/clock and it is 4:30. As in a.m. Put on ugly red glasses. Only wear them when no one can see me. Like now. Lie there til 4:45. Finally jump up because have to make a plane. Open the drapes. There is a gigantic full moon that seems to be shining a path across puget sound right into my bedroom.
Rush around. Put on black clothing. Tell Nala to get up. Out the door. Drop her at doggie daycare. Make it to the airport by 6. Stand in sluggish security line. Even the special Spokane shuttle line is clogged. No worries. Have time to get a scone and bottle of water from D'Lish.
Read MoreAm speaking for Avvo at their Lawyernomics seminar this weekend.
Colin O'Keefe of Lexblog is doing video interviews. My job is to explain why it is important for lawyers to show personality. This video is hilarious because...well..
Read MorePrologue: Plaintiff had back surgery. She had returned to work only just the past week, when she was hit hard by a bad driver. Ultimately she needed a second surgery due to the crash. The bad driver admitted fault and her company paid. But she didn't have enough insurance. So our client, Ms. P made a claim under her Underinsured Motorist Policy. Which is what you are supposed to do. Allstate, her insurance company, required her to sue them as that is what the UIM policy says has to happen. Ms. P sued Allstate. Then went thru Mandatory Arbitration. But Allstate didn't like the verdict so they appealed it and forced a jury trial. Their main witness was Dr. Blue, a retired neurosurgeon. During the direct exam, he tells the jury that Ms. P's additional problems after the crash, are related to her pre-existing conditions that had been mildly strained. He says her second surgery wasn't related to the crash.
Read MoreDrive up to the gate. Pay $15 for a parking pass. Drive 100 feet forward and turn left. Find a space and park. Am barefoot. Slip on shoes. Exit car. Walk around the side of the building. Open the doors. Am now inside the UW school of law. Head down the hallway to room 138. Open the door. It's a big theater styled space. Walk down the stairs to the front. Give Bill Bailey a hug. He’s a full time professor there for now. This is the big lecture class for the trial advocacy program.
Read MoreToday a ghost writer offered to secretly write my blog.
Before deleting her spam, I took a peek at the links to the firms she writes for. Bet they'll be happy to know they've been outed.
It is slimy to hire someone to do legal blogging without disclosing that the writer is: a) not a member of the firm and b) not a lawyer. Plus maintaining a blog simply for the sake of having a blog, is kinda lame.
Read MoreTom Chambers has summoned me. I walk down the hall past Sheila - Tom’s right hand office manager whom we have nicknamed Sheera Princess of Power. Enter his fake office. The one where he meets with clients or other lawyers and important people. It is as big as a large living room. Sitting proudly next to the marble fireplace is an imposing desk. There is one small pile of papers neatly stacked on it just so. As if ready for a magazine photo shoot.
Read MoreFlashback to 1990.
We are at Chambers Court. In the upstairs conference room. In a former life, the building was a funeral home. So when we call it "The Morgue" we aren't joking.
Like all good attorneys with new associates, Tom does not trust me quite yet. When I am told to depose an electrical engineer defense expert, Tom comes along and sits by my side. With a foot and a half pile of documents on the table in front of him. So he can listen with one ear but also get the rest of his work done.
Read MoreThis is an excerpt from my trial diary day 3. In most car crash cases, the jury is never told about insurance. This old rule makes no sense in our current world. This case is brought against Allstate for failure to pay an underinsured motorist claim (UIM). The person who hit M did not have enough insurance. They paid what they had. Now M seeks to recover the balance from her own UIM coverage. Allstate has a "sue us" clause in their policy. This means, if they don't agree to pay the UIM claim, they force their own insureds to file a lawsuit. This is what happens here.
Read MoreWe used a ton of visuals in this case. Opening was filled with animations, blow up charts, video, and story boards. In this brief excerpt you can hear what was said to weave in all the images. As with all transcripts, I leave in all the typos as well as all my word flubs. I say "you know" too much. That's for sure.
Read MoreImagine you are a blonde LA model who gushes, chirps and bats her eyes as she sashays through life. One day you die but up in heaven you brazenly push the return to earth button. Back down you rocket.
At the same time, a brunette, stout, workaholic trial lawyer named Jane saves her senior partner’s life. She jumps in front of him just as a crazed former client shoots. She takes the bullet. Is on the operating table but it is no use. She breathes her last breath and in you drop from heaven. When Jane awakens you are her. Same ditzy yet caring personality but with a twist. Now you are unfashionable, super smart and drive a nice car.
Read MorePrologue: Failure to Mitigate is a legal defense. The charge here, is the injured person made herself worse by not following doctors orders.
We break for lunch.
I’m out in the hall. Meeting the parade of C’s own health care providers that Nick is calling to testify in the defense case against her.
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