Lawyer vs. Lawyer

June 1, 2016 3:31 PM

Hi Karen, I recently came across your post on "The Velvet Hammer" blog describing purported excerpts from John Henry Browne's emails to you during communications over the lawsuit involving Tracy McNamara.  I am interested in speaking with you about this when you have some free time.  Please give me a call.  Thanks,

Lewis Kamb, Reporter The Seattle Times

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How many insults does it take for me to call you a three letter word

On Monday I called an attorney an A_S.

Now you may be thinking Karen Karen Karen.  But I didn't lose my temper.  I stated a fact.

One day when I came home from work many years ago, the nanny smiled and said - your daughters told me that yesterday you said the S word.  Cristina, Alysha and Noelle started giggling.  Raised their little eyebrows.  Waited for Marlenee Beenee (actual name Marlene) to scold me.  Or better yet - as she had done to Alysha - wash my mouth out with soap.

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The One and Only Mary Fung Koehler

I haven't answered phone calls.  Or returned emails or texts.  I've just stayed in the cocoon of our  close family.  My sisters and brother, our children and in laws have been grieving together and working together in preparation for mom's celebration of life this weekend.  It has all been quite hideous and wonderful all at the same time.

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Karen Koehlerfamily, women
Clare Vellek

This week we celebrated Clare's 30 years of service to the Washington State Association for Justice.  I met Clare when it was named WSTLA - the trial lawyer's association.  The entire time I've known her she's run the legal education department.

Of all the committees I've worked on over the years, WSTLA/WSAJ CLE was my favorite.

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Pretty in Pink

Where the heck have I been.  Well, I started writing a book.  I write it mainly when on airplanes.  Decided I wouldn't blog until the book was finished.   But then changed my mind.

Since the last time I wrote here, we moved our office three miles down the street.   We are in the top floor of a 1970s fishing company building that we bought and are in the process of refurbishing.

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If at first you don't succeed... moving to stop improper deposition objections

Ms. A (she of the 257 objections ) is defending another deposition.  This time of an electrical expert.  Her stream of objections has not changed course since Mr. T's deposition.

I challenge her on the record.  This is to satisfy CR 26i should I decide to bring a motion:

K3:  What's wrong with the form?  I think you're being abusive with the objections.

A:  You're not setting a foundation, you're just saying -- you're making conclusory statements and then asking him about it.  He has nothing to say that --

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Karen Koehlerdeposition
Is it improper to object 257 times in a deposition.

The Tale of Mr. T has one more chapter.  Following part 2 of his deposition, I am on a seminar panel for AAJ in Montreal along with Federal Judge Bennett.   He is talking about his now famous order sanctioning a national defense firm for deposition abuse.  His speech is exceptional.  He urges us to not be content with the minimum bar set by court rules .  To strive for a higher ethical standard.  He is inspirational on so many levels.

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Nala goes kayaking

Oh goodie.  Oh goodie.  Yay.  Yippee.

We are up here at the cabin.  Am looking out the window in the living room.  Watching her carry the little blue kayak down the hill.  She is trying to mimic Sol who balances the big kayaks on top of his head.    Oops.  There it goes over to the left.  She hefts it up.  Then it slops over again.  She looks like a wobbly blue turtle as she makes her way down.

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Why I saw Trainwreck for the third time - recovering from a Mind Meld

Psychodrama is popular in trial lawyer circles.  This weekend it is taught at our trial lawyer convention.  I do not attend.  Happily.

I don't care for the term psychodrama.  I've heard many good reviews from friends and colleagues.  I know many of the people who teach it.  But honestly, just hearing the word psychodrama causes a bit of a nose wrinkling reaction deep within me.

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Dear Karen - Do you wear suits to trial, if not what's your typical "trialwear"

A male news anchor from Australia wore the same suit every day for a year - changing his shirt and tie - and no one noticed.  He did this to prove a point after becoming frustrated with the constant criticisms levied by the public against his female co-anchor's appearance.

"No one has noticed; no one gives a s**t.  But women, they wear the wrong colour and they get pulled up.  Women are judged much more harshly and keenly for what they do, what they say and what they wear."

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On hospital introduced flesh eating bacteria and superbugs

The calls are coming in with increasing frequency.  Loves ones have died after simple medical procedures.  The cause:  killer bacteria introduced into the body sometime during or after the procedure.  Surgical incisions aren't even necessary.

The survivors are usually in shock.  One day the husband has some problem with the digestive tract and is going in for an exploratory scope.  A little while later, his organs have rotted and died from the inside out due to a hospital introduced micro piranha feeding frenzy.

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Jane the Court Reporter

I met Allison when I was a defense lawyer.  She was so darling that she became my go-to court reporter.  When I became a plaintiff lawyer, nothing changed.  I still used Allison.  Others liked her as well, so Allison grew her business (Verb8tim Reporting) and hired Jane.

Yesterday, Allison was the court reporter for me.  This morning it's Jane's turn.

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The Woodpecker and another tale of betrayal

Someone is knocking on the door.  Nala starts barking.  Reach over for phone.  It is 6:30 a.m.  The knocking continues.  Realize it isn't knocking.

Jump out of bed.  Rush to the balcony door.  Throw it open.   There's a flurry of beautiful brown and orange red wings.  The woodpecker flies onto the 45 year old maple tree.  Looks back at me over his shoulder.  And takes off.

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If at first you don't succeed...The Tale of Mr. T part 2

The movie gift that just keeps giving - is the showdown between Tom Cruise and Jack Nicholson in A Few Good Men.  That moment on the witness stand when Jack defiantly declares his magnificence.  Gets up to leave.  And Tom says - sit back down.  And Jack has to.  Because he's in court.

Mr. T, as you may recall , gave a rather similar performance in deposition last month.   And then some.  Because no judge was present.

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Argument by iphone

Alarm goes off.  Am already conscious.  Tissues surround me.  Am ill.

Have to be in court by 8:45.  Go through the motions.  Get there in time.  Judge S is late.  We are set to argue before a jury trial starts at 9.  They are at the voir dire phase.  The prosecutor and defender are chatting.

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The Office Fitbit Solution

Anne has started off the new year with a Fitbit.   Her goal - add steps to her sedentary work day.  Tearing herself away from her desk has proven difficult.  Anne always has more work than she can complete.

Enter Nala.  She comes to work most days.  There are many hours spent lying on the floor, chewing an old antler, digging the stuffing out of her bed, and otherwise being bored.  She doesn't complain though.  Afterwards we typically go for a run.

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The origins of my initials and an updated motion to permit skype testimony at trial

Pick up mom from Shoreline.  It is 58 degrees out and she is in a faux fur black maxi coat with brass buttons.  She bought it for $25.  Half off at the consignment store.  Brand new from Sears.

Take her to late lunch at Din Tai Fung University Village.  Hour and a half wait.  Meet up with my brother Greg and his wife Laurie.  We say forget it.  Go to Boom Noodle.  Eat lunch.  Not as good as Din Tai Fung but quicker.  Greg and Laurie take Nala for doggie sitting play date.  I drive with mom to the movie theater at The Landing in Renton.  My sister Jenny pulls up.  Out jump her boys Ben and EJ.  We eat popcorn and watch Paddington Bear.  Quite delightful.

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Karen Koehlerfamily, motion, women