We are changing the way we read. Short has not just become better. It has become essential in the quest to capture the attention of our audience.
Pedantic legal writing is no longer highly valued by judges. With crushing case loads, our Honors need us to get right to the point. They impose page limits on us. And even then, will sometimes admit they haven't read our pleadings.
Read MoreJ.R.: Hi Karen, I thought of you when reading the SuperLawyer Top 10. Are you the first woman to do this? CONGRATS!
K: Uh.
Go to www.superlawyers.com top list for Washington. Interesting. Appear to be in the top 10. Walk down hall to Catherine's room.
Read MoreIt's a drizzly Sunday. Have popped into the office to work on a settlement letter. Nala is chewing on her antler. Am eating my favorite pastry from Macrina bakery - the orange pinwheel. Superb as usual.
Am working on the letter. But also engaging in typical bounce around behavior. Read incoming email from co-counsel on a different case. Defense attorney wants a continuance on a summary judgment motion. This is the fifth motion in a string of motions. Maybe it's the fourth. Or the sixth. Have lost count.
Read MoreWalk up to door one. Open and walk through. Door two. Push button. It clicks. Enter. Write name and time on log at front desk. Write name on tag and stick on shirt. Cindy arrives and says hello. Follow her down the linoleum covered hall. Past the man in a wheelchair. An open door reveals a woman in bed watching tv. A hunched over man looks at me from another open door. His leg is bandaged. Walk towards the eating area where several others are congregated. Mostly in wheelchairs. Chatting. Average age probably middle 70s. Or older.
Read MoreWe lawyers are trained to be precise. Everything we say has to be supported. If we're laying out facts to a judge - we need to cite to the source every single time. This breeds a habit of presentation that can be overly meticulous and filled with legalese. It can be a hard habit to break.
Read MoreThe betrayal via rudeness by a former associate was not just a story. It was part of a case.
I said: we will not go forward on a deposition until the court rules on a pending a motion for protective order. He responded by threatening to seek terms against me. So we (Garth) filed a motion to expedite the protective order hearing.
Read MoreOne of the hospital’s defenses was that it was a small community hospital. It did not have all the fancy equipment of a major urban hospital. The problem with this defense was that the hospital didn’t need an expensive machine to make the correct diagnosis. All it needed, was for someone to: a) notice the red flags; and b) pull a hand held doppler unit out of a cupboard.
Read MoreI started teaching piano as a sophomore in high school. By then, I was going on my seventh year of piano. Vy Husted, my own teacher, acted as my supervisor. And I went through a training program. My parents let me turn part of our rec room into a classroom. Two pianos and a double sided chalkboard. This was no joke.
Read MoreAm at a hospital. Sitting on one side of a long table in a cafeteria. With me is my partner Paul Whelan and paralegal Cheryl Baldwin. Paul has been handling medical negligence cases since I was in grade school. He is my Yoda. Cheryl screened this case and knows everything that I need to know. Between the two of them, I'm covered.
Read MoreThere are a lot of lawyers in America.
Lots and lots.
With the demise of the telphone book, most lawyers now have websites. Growing numbers use social media. A few pay for TV and radio ads. And thankfully only a few (grossly) advertise on buses, cabs and billboards.
Read MoreTomorrow we were supposed to be giving closing arguments.
Instead, today the Court sent everyone home.
Can't write about what exactly happened. This case is going to be tried again.
But can tell you what it's like to have a Judge say they're granting a defense motion for mistrial.
This is the third time I've had the experience.
Last week something unpleasant happened.
I lost a friend. Not a great one. But a friend nonetheless.
I met him when he was still a law student and was one of his mentors. He clerked for our firm. Then a bit later he worked with us for a year. He stayed in our building after that, working for another lawyer who was renting an office from us. We kept in touch. His boss moved his office. And we wished them well. A bit later, I heard he had quit and decided to take a job with a defense firm. No shame in that. You gotta do what you gotta do.
Read MoreAm 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.
Read MoreBefore 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.
Read MoreNow 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.
Read MoreDefense 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.
Read MorePaul 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.
Read MoreJohn, 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.
Read MoreInsurance 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.
Read MoreBoth 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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