This is the official press release relating to the Owen v. State tree fall claim.
September 5, 2014
**PRESS RELEASE **
Re: Estate of Tim Owen, Estate of Cheryl Owen, Jessica Owen, Jaime Mayer,
Steven Mayer, Jeremy Owen v. State of Washington...
Prologue:
Shellie: I'm addicted to Drop Dead Diva. You were right.
K3: I know - isn't it entertaining.
Shellie: Who would have thought.
K3: It is such a ludicrous concept, but executed so brilliantly.
Shellie: I love how she flicks her hair over her shoulder when she scores a point.
K3: You get the case in the morning and try it in the afternoon.
This trial diary excerpt is from 2011 King County Superior Court.
Trial day 1
Am not smiling as leave the courtroom. Judge Hill has just chewed me out. All my energy is turning inward. Breathe in. Breath out. Walk down the stairs to the car. And leave.
Read MoreJudy Chambers has passed away. Eight months after Tom.
In September we received a picture postcard from their final scuba diving trip. He later posted it to his blog.
After reading it (and recovering my equilibrium) I sent Tom an email. The interchange is a reminder to all of us (even the busiest of us trial lawyers) - of the importance of love.
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"Atticus told me to delete the adjectives and I'd have the facts."
- Chapter 7 of To Kill a Mockingbird
Her right leg was catastrophically smashed, causing excruciating and unrelenting pain. The limb felt like it was being stabbed a million times by a sharp knife. The sharp burning pain became absolutely unbearable to the point where she was forced to take vicodin.
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K: Catherine - I just tried to log into the blog and it won't let me.
C: I'll figure it out.
K: Thanks
C: Gently prodding: you haven't written anything for a while, I've been checking the stats.
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.
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J.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.
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It'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.
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Walk 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.
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We 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.
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The 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.
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I 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.
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Am 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.
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There 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.
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Tomorrow 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.
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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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