Ride the Ducks Trial Day 11: Opening Statement
Ride the Ducks Trial Day 11: Opening Statement

Walk into courtroom with Alysha.  Most of law firm family have come to watch.  Clients many with co-counsel have arrived.  Some from around the world.    Press is establishing base camp in the rear.  As the minutes approach 9 the room fills. 

Put bags on the table.  Step out of tennies and into heels.  Walk behind 85” tv that is in front right corner of the room.  Breathe in and out.  Kevin the court reporter is setting up.  He says are you trying to avoid all the people.  Nod at him.  Smile.  Find center.

Judge Shaffer enters just before 9.  Jury comes in.  Sits.  Instructions are read.  Judge says:  now please turn your attention to the plaintiff for opening statement.

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Karen Koehlertrial diaries, ride the ducks, opening statement
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