Am resting on a sandy beach somewhere nice and warm. Every so often someone gives me a tasty little treat and a sip of ice water. The breeze gently rustles my fur. Seagulls caw in the background.
Ellie – time to wake up, she says.
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Before this happened, the dumbest thing I ever witnessed in a defense medical exam, was one of the doctors falling asleep.
It was a two doctor panel exam. While the orthopedist was taking a history, the neurologist was reading a political thriller. I thought that was bad enough until midway through. His head was nodding and then jerking forward. Like a puppet on a string held by Mr. Sandman. Until he gave in. Chin coming to rest on his chest. At least he didn't snore.
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Now that marijuana has been decriminalized in Washington state, issues are going to arise about driving under the influence. Unlike alcohol which only transiently stays in the body and can be detected with various tests, the detection of marijuana is a bit more complicated.
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Defense attorneys go to legal seminars too. One technique they have been learning is how to take advantage of liberal discovery rules. Increasingly we find them invading where they have no business being.
We can passively let them dig unnecessary holes in our clients' lives. Or we can push back when they cross lines.
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Paul Luvera tried a huge case a few months ago. And won. At the age of 78. (Here's his bio).
I have admired (borderline worshipped) Paul over the years for his skill in trial. Several times I've gone to watch. What struck me, was the way he so gracefully prowled the courtroom floor. And owned it.
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John, Anne and I are a Toulouse Petite. Having our staffing meeting while eating breakfast.
A: Do we need to do anything else to take X's deposition. We have the court order. The Assistant Attorney General says he doesn't think X will agree to say anything.
K3: We could issue a subpoena and have him served. But he's already in prison.
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Insurance companies cite the "duty to cooperate clause" when they are forcing the person they insure, to provide information. If you don't give them the information they ask for, then they will maintain that the entire policy is void and you are not entitled to make any claim. In this case, I'm the one who said no on behalf of my client their insurer - and in return they quoted the clause.
Here is what happened.
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Both sides used extensive demonstrative exhibits during opening. Basically we agreed that I could use what I wanted so long as they could use what they wanted.
The transcript is not very accurate (understatement). The courtroom was video recorded. If we wanted a quick transcript, at the end of the day the bailiff would copy the recordings and provided them to a court reporter. The reporter would then transcribe from the videos with only moderate success.
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Out the revolving door of the Sheraton onto Canal Street. Run across two lanes of traffic, the street car in the middle, two more lanes of traffic and reach the other side. It's late in the afternoon. A nice assortment of unfortunate ragged souls line up against neon lit buildings.
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Prologue:
Adversarial litigation can leave us feeling angry and indignant on behalf of our clients. Someties we can turn our cheek. Walk away. Other times, we need to engage. When we decide to strike back, we always need to remember to keep the court in mind.
Written interchanges by mail or email have the potential to end up in a motion before the court. Retaliating to a bad email by throwing out a heated written slap is not a good idea. It can end up as Exhibit A.
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The past four days have involved a bit of whining. I admit to this.
My clients stoically go through medical horrors. Their family and friends often say: they never complained. They truly are heroes.
I on the other hand have made it one of my missions in life to tell it like it is.
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When a personal injury case settles, we are still our client's lawyer. This means we need to continue to look out for their best interests until our job is done. Even if we are not financial planners or accountants, we cannot walk away without first trying to help our client make well informed decisions. Maybe this is not our legal duty. But it certainly is our moral one.
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Flashback.
We are up at the mountain. John, my then husband, his best friend Dale, and me. Our mission - teach John to ski. He is a basketball player. This means skiing has not been encouraged over the years by his coaches.
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Mary Fung Koehler is 80 today. So far, these are the lives that she has led:
- Child number 7 of 11 to immigrant parents
- Worker in the family Chinese restaurants in Chicago during the depression
- 3rd female to graduate from the University of Illinois in chemical engineering
- Employed as a chemical engineer
Prologue: The best and worst outfit I ever wore to the Hollyball was when I was President of WSTLA. It was an election year. We were fighting for the insurance fair conduct act. And if you added to all that -raising my girls and handling my job...well....There was no time for shopping.
The theme was the Red Hot Hollyball. And I was determined to do it right. So a few days before the big event, I went online. Promdresses.com or some such website. Found a red hot hollyball dress.
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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.
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Perhaps 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.
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Prologue: 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.
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Am 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.
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During 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.
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