This is a trial diary excerpt from 2011:
Four more witnesses testify – but only want to talk about one of them. The 38 year old daughter.
How do you turn a witness into someone a jury will connect with. Well, for starters you stop believing you have magical persuasive powers. Presenting a family member means getting out of the way so they can show their love. It means creating a safe place. It means embracing the human condition. Not in a data collecting, data spouting lawyerly way.
Read MoreThe dreaded motion has arrived. The defense has moved to prematurely dismiss your client’s case on some legal technicality. Even though you’ve probably seen this coming, your first instinct is to panic. Then you devour the entire motion. Get mad. And attack it point by miniscule point. Smoosh it to smithereens – at least in your own mind.
The defense wants you to be reactive to a motion for summary judgment in just this way. This means you will fight the battle on their turf. You will be defending your case (instead of prosecuting it). You will be focusing the judge on what the other side says is important.
Read MoreHere is my confession of the day. I am not only highly detail oriented at work. There is some spill over.
My girls have done their best to keep me from going over the edge into full blown OCD. We used to have a rule from the time they could walk. The house stayed clean except they had dominion over their own rooms. So long as I could close their doors they could do what they wanted. That is until I eventually couldn't stand it anymore and picked up and sorted through the various piles of debris.
Read MoreThere is nowhere more beautiful than Seattle in the summertime. Decide for once, to remain here and relax rather than go somewhere else for vacation. Have many friends who do this. Watch all their good times on facebook. They explore the city. Stay home and garden. Have friends over. Hang out on the patio.
This is what happens when a trial lawyer decides to take a stay-cation.
Read MoreThe defense lawyer notes the deposition of one of our experts. It is at the end of a work day. So I elect to attend by telephone. This turns out to be a wise decision. Because the court reporter does not show up. Another court reporter has to rush over. This takes 40 minutes.
I pretty much do not complain. Or rub this in the defense lawyer's face since his office arranged everything.
Read MoreThis morning am in a bright red ruffled shirt with the obligatory black. Here is my confession. Want to wear an old favorite pair of heeled Franco Sarto boots. They will look great with the outfit. There is just one catch. You see, they have been up on the back top shelf patiently waiting for me to take them to the repair shop. For over a year. The toes are a bit pointed and the soles have partially rubbed off at the tips. Looking up at them as they hang over the shelf, you can see the white rubbed away part. No holes. Not quite. But still a bit shoddy. Yet they would be perfect. So (and this is the confession part), pull down the boots. Pull out a black magic marker. Scribble all the white away. And presto. The outfit is now complete.
Read MoreWake up from semi-conscious state just in time to glimpse the wreckage of the Korean jetliner still at the airport. Shuffle off the plane. It is 9:30 a.m.
Find limo driver. Follow him to car. He wants to talk. I want to zone out. Good manners kick in. We talk the whole way. He is quite delightful. If we had more time, I could probably recite his family tree for you.
Read MoreBloggers are told one of the best ways to capture audience attention is to use a cool photo.
Yeah. That'll do it. After all a picture is worth a thousand words.
Here's how it plays out. You are surfing the internet. Voila. You see a shiny brand new professionally done photo of a big truck driving down the road. That definitely captures your interest so you click on the photo which is part of a blog that is talking about dangerous trucks. And then by clicking on that blog you end up attached to a lawyer's website. And now you can hire them. Or at least think about hiring them if in the future you get hit by a truck.
Read MoreThe doctor is the defendant. The lesson he has apparently been taught by his lawyers - do not answer questions that they object to. Or at a minimum do your best not to answer those questions.
He has also been taught to look only at the camera and to avoid eye contact with the pesky plaintiff lawyer, i.e. me.
Read MoreMeet The Super Duper Convention Attendee. In this case, Mel Orchard at the Wyoming Trial Lawyers Convention in Laramie.
Read MoreThese are thoughts and feelings of fellow trial lawyers who sent emails following the day after a crappy jury verdict post.
Read MoreThe day after.
Oprah talks about the power that our bad secrets hold over us. The amount of time and energy we spend keeping them hidden. The worrying that others will find out. The feelings of unworthiness that fester from trying to suppress our embarrassments.
Read MoreTrial day 1
Instead of doing her usual acrobatic routine, Nala is curled up around my feet. On the little rug in front of the sink. I glance up at the little crystal clock on the shelf. It says 6:10 which means it is 7:10 since the clocks sprang forward Sunday. Haven’t changed it yet. The mental math keeps me sharp. Or so I tell myself.
Read MoreWake up at 6. Hear Alysha turn off the alarm and leave to teach her yoga class.
Lean down and grab ipad off floor. Check email. Check weather. Turn on Pandora Anthony Hamilton station. Lie there like a slug for another hour. Leisurely get up and out the door. Nala gets around to doing her business after first lunging for an imaginary squirrel.
Read MoreOn the next page they demand all emails for the past six months.
Isn't it ironic that they say "please."
This ladies and gentlemen, is what your friendly neighborhood defense lawyer will slap you with when you file a lawsuit against (in this case) a governmental entity.
Read MoreAm 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.
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