October 1, 2018 through February 7, 2019
October 1, 2018 through February 7, 2019

Two weeks after Liam is born we start the Ride the Ducks Aurora Bridge trial. In the months leading up to the trial stop writing or discussing the case publicly. This includes to the media, to social media, to this blog.

The jurors will be instructed not to read, watch, or listen to anything about this case. They will not be reading this blog for example. So it is not quite clear how pretrial publicity especially in a civil case can be prejudicial if the lawyers talk to the media which the jurors will not be reading. Rather than debate the issue look to The Rules of Professional Conduct (RPC) 3.6.

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Karen Koehlertrial diaries, wrongful death, personal injury, ride the ducks
When a trial lawyer becomes a grandma
When a trial lawyer becomes a grandma

September 12, 2018

12.44 am Complete another deposition designation.

1:30 Conk out

7:00 Wake up. Today is marked off as a day I will not be working.

7:30 Return to computer on kitchen table and work. Massive trial paperwork deadlines due tomorrow.

9:00 Go for run with Nala because it is the only time that will be possible.

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Karen Koehlerfamily, women, lawyer life
Nina and Leesh come to court
Nina and Leesh come to court

The courtroom is filled with black and gray suits.  Andrew is fiddling with the projector.  Camera person sets up.  Reporter sits down.  I pull out my computer.  Get it ready.  The projector is a no go - but we've brought our own.   Andrew switches them out.  I plug in my computer.   Mess around with the clicker.  Battery works.  But the back won't close.  Ah. There it goes.

Click back and forth on a few slides. Works.  Look up.  Turn toward the back of the courtroom and see Cristina and Alysha.  They've come to watch.  

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Karen Koehlerfamily, courthouse, lawyer life, women
Publicity in civil cases according to the Rules of Professional Conduct
Publicity in civil cases according to the Rules of Professional Conduct

(a) A lawyer who is participating or has participated in the investigation or litigation of a matter shall not make an extrajudicial statement that the lawyer knows or reasonably should know will be disseminated by means of public communication and will have a substantial likelihood of materially prejudicing an adjudicative proceeding in the matter. (b) Notwithstanding paragraph (a), a lawyer may state:

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Karen Koehlerbar association, legal profession, free speech
Introducing The Velvet Hammer Website 2.0: http://KarenKoehler.com
Introducing The Velvet Hammer Website 2.0: http://KarenKoehler.com

My website was old. 

Ten years ago (at age 47 if you must know) finished my stint as President of the Washington State Trial Lawyers Association.  Our organization had helped the citizens of our state survive two consecutive initiative battles - caps on medical negligence damages and a roll back of the Insurance Fair Conduct Act.  We were bashed by the insurance industry in the process via millions in TV ads. 

Took on the small personal mission of sharing the inner workings of life as a plaintiff lawyer.  Hoping that through transparency, others might see that lawyers were real people too. 

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Karen Koehlerfamily, nala the brittany spaniel, lawyer style
Just the Law...
Just the Law...

Under Washington law, wrongful death actions are strictly governed by statute.  Atchison v. Great W. Malting Co., 161 Wn.2d 372 (2007).  When the death of a person is caused by the wrongful act of another, the decedent's personal representative may maintain an action for damages.  RCW 4.20.010.

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Karen Koehlercharleena lyles, wrongful death
7 bullets
7 bullets

I am looking at the Medical Examiner's chart.  She has been shot 7 times.  7 pieces of metal are either in or have gone through her small body.  The same height as mine. But more slender.  Her face is beautiful.  It was spared.  They aimed at her middle.

I count the bullet holes on the front of the body diagram.  Then on the back.  There are more than 7 holes.  Some bullets count for 2 holes each.  In. Out.

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Karen Koehlercharleena lyles, wrongful death, in the news
The meanest motion ever
The meanest motion ever

Sometimes my job is sickening.   I get the whole idea of defense lawyers attacking my clients in order to make sure they are telling the truth.  But what I can never get used to are the grotesque tactical maneuvers used by some defense lawyers to save an insurance company a buck.

Here are a few excerpts from an argument I made to the Court opposing defense counsel's motion to dismiss a father's claim for the wrongful death of his child.  Before reading this: a) put on a white jacket; b) stand up fully; c) employ wonder woman frown; d) thrust out chin; and e) use extra emphasis when using the word: "repulsive."

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Karen Koehlerwrongful death