Deposition or Dim Sum - A trial lawyer's adventures in San Francisco
Deposition or Dim Sum - A trial lawyer's adventures in San Francisco

Wake up at 4:15 am.  Didn't mean to.  Go back to sleep.  Wake up 4:45.  No.  No.  No.  Close eyes.  Alarm rings 5:00.  Slide out of bed. It is still dark out.  Grope way to closet.  Throw on Gray pants with little white polka dots.  Flats.  Soft sweater.  Gray coat.  Do ministrations.  Zip up already packed suitcase.  Hidden in closet because Nala has grown to hate it.  She knows what it means.  Lap top in carry on.  Ipad in purse.  Liquids and gels in year old ziplock.  Fold up beats headphones Debbie got me.  Blanket.  Extension cord.  Luna bars. Orange,  Check off list in head.

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Karen Koehlerdeposition, lawyer life, lawyer schedule, traveling lawyer
The secret life of a mentor
The secret life of a mentor

"Hi, I heard from so and so that you would be a good person to talk to about (fill in the blank with something about the pracitce of law).  Do you have time to talk to me."

Regardless if I do or don't, I never say no.  And always do it in person.

Whether it is a 7:30 am breakfast at CJ's, lunch, or a visit to the office, when young people seek me out personally to ask for advice or input, I believe eyeball to eyeball is the best way to meet.

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Karen Koehlermentors, women
The angry juror: a trial diary story
The angry juror: a trial diary story

 This excerpt is from a 2012 trial.

Trial day 2

Arrive early to get everything set up for opening.  The Prolumina (tech) guy is there to run everything for Nick the defense lawyer.  He is playing with our big tv.  We are chit chatting and my computer won’t boot up. Are you kidding me.  Hard start it.  Nothing.  Not panicked at all.  Which sounds ridiculous.  Should be hyperventillating.

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Karen Koehleropening statement, trial diaries
To Agree or Not To Agree...That is the Question: On dealing with defense counsel
To Agree or Not To Agree...That is the Question: On dealing with defense counsel

There's a well known "rule" that has floated around for years amongst litigators.  It goes like this.  If your opponent asks you for something, it's okay to say yes.  But only if they give you something that you need back in return.

I know some people who never deviate from that rule.  Saying yes without getting something out of it, is seen as a sign of weakness.  Or ineffectiveness.

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Karen Koehlerpick your battles
What defense lawyers like plaintiff lawyers to do in opening.
What defense lawyers like plaintiff lawyers to do in opening.

Number 1:  Ignore the defense.

We set the case up for disaster if we build it way up and ignore what the defense is going to do to it.    This would be like a basketball coach only having the team practice offense.

Instead, the coach studies the next opponent.  Maybe sends out a scout.  Watches film.  Devises strategies.  Practices then implements them.  Because sometimes, the best offense is a good defense.

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Karen Koehleropening statement
The woman with multiple personalities - a pro bono story
The woman with multiple personalities - a pro bono story

The thing about being a young associate is that you pretty much need to do what you're told.

During my late 20s, Tom Chambers was the boss.  If he said Karen do it, I pretty much followed orders.  Take this deposition.  Argue that motion.  Find an expert.  Find a better expert.  Tom's softly spoken non-negotiable instructions structured my time at Chambers Court.

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Karen Koehlerinsurance, mentors
Tips for attorneys: direct exam of a daughter
Tips for attorneys: direct exam of a daughter

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.

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Karen Koehlerdirect exam, witness, trial diaries
How to defeat a motion for summary judgment
How to defeat a motion for summary judgment

The 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.

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Karen Koehlermotion, writing
A trial lawyer's occupational hazard: details details details
A trial lawyer's occupational hazard: details details details

Here 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.

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Karen Koehlerfamily, lawyer life
The un-vacation day 1
The un-vacation day 1

There 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.

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Karen Koehlerlawyer life, lawyer schedule, traveling lawyer
On the matter of freedom of speech and very thin skin: a twitter tale
On the matter of freedom of speech and very thin skin: a twitter tale

The 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.

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Karen Koehlerdeposition, free speech
The joys of trying a case...at the last moment: a trial diary story
The joys of trying a case...at the last moment: a trial diary story

This 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.

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Karen Koehlercar accident, personal injury
AAJ San Francisco - mashup days 1 and 2
AAJ San Francisco - mashup days 1 and 2

Wake 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.

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Karen Koehleraaj, lawyer convention, lawyer schedule, traveling lawyer