From: Tom Chambers
To: Karen Koehler
Re: Last Email
Hi Karen.
My tumors are crushing my throat and my airway. This is my last mail to you. You have been special to me for a long time. But at the time I made impressions upon you, I had no idea, how important a few encouraging words could mean. Seems same with Haskell.
Read MorePerhaps we are a dying breed.
The American Trial Lawyer.
Those of us who can't wait to get into the courtroom. That great public arena where truth, justice and the occasional lie (by the other side of course) all duke it out.
Read MorePrologue: We are sitting around the table having dinner. I am married. Only Cristina has been born. Have been friends with most of the group for several years. Everyone is talking and having a good time. Someone says something about me. David H looks stunned. Turns to me and says in his Hawaiian accented rather loud voice - you're a lawyer! I nod yes. But he can't believe it - No Way! And on and on he goes to the amusement of those who know my apparent secret.
To this day, I don't wear my lawyer badge outside of the office.
I have a natural inclination to compartmentalize. Part of this is genetic or family of origin or something that Freud would be able to figure out.
Read MoreAm in Portland. In yet another hotel. Listening to myself breathe. And the fan on the bad heater blow. No kids. No Nala. No running down to the refrigerator for a midnight snack. Just stuck in this room. Preparing for another day of deposition.
After making ballpark guesses, give in. Pull up the transcripts and count the number of depositions that have been taken in this case. It's over 40. And we're still not done.
Read MoreDuring the past 28 years (gulp), I've had the pleasure (and only rare horror) of working with many secretaries, legal secretaries, now known as administrative assistants, and paralegals. I couldn't do what I do without their care and support. They are my lifelines in the midst of the legal whirlwind we practice in.
Every once and awhile, I've had to deal with one of their mistakes. This is never a good thing. Sometimes it rises to the category of awful. But no one is perfect. Including of course us lawyers.
Read MoreWake 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.
Read More"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.
Read MoreHotel living is one of the perks of being able to fly to exotic locations (like Portland) for depositions. Here is our email exchange:
From: Karen Koehler
Sent: Tuesday, November 05, 2013 2:26 PM
To: John Meyers; Anne Roberson
Greetings from a crappy hotel in Vancouver! ...
Read MoreThis 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.
Read MoreThere'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.
Read MoreNot all paralegals are created equally.
Perhaps it's because of the type of practice we have. Our clients tend to be terribly injured (or deceased). Then of course, there is some navigation involved in dealing with my little quirks. Here's a glimpse into the secret world of John & Anne. A truly fabulous dynamic duo.
Read MoreListening to my own voice used to pain me. I avoided it. Couldn't stand it. It seemed too high. Too sweet. And if I didn't remember to tuck my tongue in, there was a lisp. Oh, how much I yearned for a deep booming voice. So I could preach when I spoke. Like M.L.K.
Read MoreNumber 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.
Read MoreThe Today show has its annual best of the best contest. The top three dogs are competing for the grand prize. Doggie #1 pushes a mini shopping cart. Doggie #2 gets a can of beer for his buddy. And Doggie #3 - well, you just have to see what he can do. Oh, and yes, he is a Brittany. Just like Nala.
Read MorePlaintiffs are usually timid when the defense moves to strike their answers in deposition. They worry that they did something wrong. And they look to their attorneys for reassurance. A gentle smile usually serves that purpose well.
Read MoreThe 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.
Read MoreThis 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.
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