“The Velvet Hammer” Blog

Playing the "pot" card against an innocent driver

Playing the "pot" card against an innocent driver

Driving while high is now being used as a sword by the insurance companies of bad drivers who cause crashes.

Let's say you live in a state where pot is legal. You get high on a Sunday evening with a group of friends in your own home. On Thursday, you are driving down a road and someone runs a red light. You had a green light. The bad driver tells the officer that you look high. The officer doesn't see anything unusual but asks you to take a blood test. Carboxy-THC shows up. You are ticketed for driving under the influence. Until a prosecutor looks at the blood work and realizes there's no case. At which point the charges are dropped

Karen KoehlerDecember 9, 2014motion, car accident, insurance, obnoxious defense

The privilege of being able to say goodbye

The privilege of being able to say goodbye

Jan was married to her childhood sweetheart. She made his favorite sandwich. Was getting ready to leave for his jobsite. So they could have a noon picnic in the car. Phone rang. There had been a work accident. Charlie was dead. Jan never got to say goodbye.

Karen KoehlerDecember 1, 2014friends, client, wrongful death

A reminder about open flames: a story of how I almost became Michael Jackson

A reminder about open flames: a story of how I almost became Michael Jackson

The house is beautiful and glowing. Am standing with back to fully enclosed gas fireplace. Getting warm. Talking to Steven who is sitting by the chess board.

Fzzzzzzzzz. Crackle.

He jumps up running toward me. Hits at my head.

Karen KoehlerNovember 20, 2014funny, lawyer style

Making waves: the value of dissent

Making waves: the value of dissent

In 2007, when I was President of WSTLA, I wrote an article called the Value of Dissent.

The focus at that time was AAJ and my perception of its systemic problems in advancing diversity. I was not liked by AAJ leadership for being aggressively outspoken on the issue.

Karen KoehlerNovember 16, 2014women, aaj, legal profession, wsaj

Partying with VABAW - all bar dinners should be like this

Partying with VABAW - all bar dinners should be like this

Shellie and I walk into the Triple Door on 3rd and Union. Late as usual.

Hi. Hi. Hug. How are you. Hand shake. Hi. Everyone is smiling. Am here to support Ada Ko Wong who is president Elect of VABAW (Vietnamese-American Bar Assn of WA) on its 10th year anniversary.

Karen KoehlerNovember 14, 2014bar association, great people, friends

A convention speech and run around Gray's Lake, Des Moines Iowa

A convention speech and run around Gray's Lake, Des Moines Iowa

Get up before alarm rings at 6. This means it is really 4. Flop back on bed. Alarm rings at 6:15.

Search around for hotel phone on night table. Don’t find it. Sigh. It is on the other side of the bed. Scramble across. Hit “O”. Ask for front desk. It is front desk. Can I get a late check out. Yes.

Karen KoehlerNovember 10, 2014lawyer convention, public speaking, traveling lawyer, lawyer schedule

Yakkie the Goose: Direct exam of an eye witness

Yakkie the Goose: Direct exam of an eye witness

The defense is bringing in a memory expert from back east. To say the surviving brother's memory is not real.

This is an asbestos-mesothelioma trial. The exposure happened in the 1970s. The only witnesses who can identify the product are the brother (who was then eight) and the deceased.

Karen KoehlerNovember 7, 2014direct exam, experts, wrongful death

When children testify: Direct Exam of a 10 year old son in his father's wrongful death case

When children testify: Direct Exam of a 10 year old son in his father's wrongful death case

Children may be scared to testify in a trial. But being on a witness stand can also be empowering for them. They are having their day in court. They are participating in an integral part of our country's foundational structure. They are helping the process of determining the truth.

Karen KoehlerOctober 28, 2014direct exam, wrongful death

Running in the rain - the joy of puddles and a squirrel obsessed dog

Running in the rain - the joy of puddles and a squirrel obsessed dog

Am wound up tight. Aggressive tendencies barely restrained. Okay, maybe not restrained at all. In full warrior mode.

The defense lawyers haven't been too bad lately. Wish they were bad. Then could have an outlet for this simmering fury.

Karen KoehlerOctober 23, 2014running, nala the brittany spaniel

Killed by a drunk driver: sample dramshop settlement letter to a bar's insurance company

Killed by a drunk driver: sample dramshop settlement letter to a bar's insurance company

Drunks in cars kill. But blame is also shared by the bars that choose to over serve intoxicated customers who get in their cars.

This is the story of three young friends who got in the way of two over served drunks in a car.

Karen KoehlerOctober 16, 2014car accident, wrongful death

Lift off for Taos in Sonoma

Lift off for Taos in Sonoma

Steve Gursten: I’d like you to consider joining the TAOS group.
K3: What kind of a group is it.
SG: Plaintiff lawyers who have become friends and share advice.
K3: Steve thanks for asking. Honestly, I belong to enough groups.
SG: This is unlike any group you belong to. We are small but geographically diverse. This is a real personal group where we are friends.

Karen KoehlerOctober 11, 2014traveling lawyer

Here Comes The Dean.

Here Comes The Dean.

She is a stranger who sends me a handwritten letter after having read something about me. I email her back and invite her to lunch. She emails back and accepts. Two months later...

"Hi!" She says with her warm smile, walking into my room. "I love this office. You have great art."

I take her over to chat with Paul Whelan. Tour her through the maze that is our office. Down to the old racket ball court now turned into a courtroom. Out into the cool sunshine. Down and across the street to the Boat Street Café. Where we spend a delightful hour over our tasty baguette sandwiches.

Karen KoehlerOctober 3, 2014great people, women

Dear injured (or dead) person - hire me: The shame of being in a profession, where lawyers directly solicit clients.

Dear injured (or dead) person - hire me: The shame of being in a profession, where lawyers directly solicit clients.

Based upon a true story:

Last week, my wife of 35 years was driving to the store and was hit by another car. The police came to my house to take me to the hospital to see her. She's been there ever since. We don't think she will make it.

Each day I drive or am driven to the hospital by our children. I stay there as long as I can. I just had surgery myself. So I need to come home to try to rest in between rushing back to be with her.

Karen KoehlerSeptember 26, 2014legal marketing, legal profession

Use a kennel; save your dog's life

Use a kennel; save your dog's life

Am reading the police report on a new case:

T told me he had a dog in the vehicle. I checked and located a brown lab type dog on the rear passenger floorboard. The dog was not breathing and I could not feel a heartbeat. I asked SFD E31 to check the dog too. there did not appear to be any signs of life in the dog.

Karen KoehlerSeptember 22, 2014car accident

Tips for Attorneys: How to walk out of a mediation

Tips for Attorneys: How to walk out of a mediation

Patience is not always a virtue.

I have walked, trounced, and even skipped out of mediations before they've officially ended. In fact, that used to be the norm for me.

About 15 years ago I was in the car, driving back over the bridge when the phone rang.

Karen KoehlerSeptember 17, 2014mediation

Official Press Release: Owen v. State - Stevens Pass Tree Fall Case

Official Press Release: Owen v. State - Stevens Pass Tree Fall Case

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...

Karen KoehlerSeptember 6, 2014car accident, in the news, client, owen case

Cross exam of the expert - why jab when you can stab.

Cross exam of the expert - why jab when you can stab.

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.

Karen KoehlerSeptember 2, 2014cross examination

Trial diary excerpt: The case of the chunk

Trial diary excerpt: The case of the chunk

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.

Karen KoehlerAugust 27, 2014voir dire, trial diaries

Endless love

Judy 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.

Karen KoehlerAugust 21, 2014friends, great people

More is not always better: minimizing the histrionic overuse of adjectives

More is not always better: minimizing the histrionic overuse of adjectives

"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.

Karen KoehlerAugust 18, 2014writing