The jury renders its verdict. The media covers the story. The public sees the headlines. It looks like the case is over.
But no.
The 40 injured victims who have waited three and a half years for justice. Are still waiting.
Because Ride the Ducks International/its insurance companies have more legal moves to make.
Motion number one: Demand a new trial with a different judge.
Read MoreI delegate the job of arguing legal motions and jury instructions to Andrew Ackley. He has this chore most days after trial and several full working days. At first sit at counsel’s table and watch him. But as the trial progresses, as soon as the trial day ends - bolt out of the door. Do not have the bandwith to listen to the tortuous exercise of compiling jury instructions nor the constant barrage of motions. Andrew is excellent. By dividing up these responsibilities can give full attention to preparing for the next trial day.
Read MoreWe are running out of time. As we march towards trial too many depositions remain to be taken. We ask the four defendants to narrow their list of experts. They do no such thing. They ignore us. We ask for their experts’ opinions. The defendants tell us they won’t have them until after their experts review all of our experts’ opinions and depositions.
There is no way we are going to take 54 defense expert witness depositions. Why should we.
Read MoreWake up too early. Go back to pretend sleep. Lie there. Perform countdown of how long it will all take. Remember Alysha has gone to the cabin with Nala and the house is totally quiet. No Nala to feed or take potty. Or to laugh with. Reduce countdown. Thirty minutes later have donned black cream and red plaid slim slacks, red shirt with ruffles, favorite Boss black jacket and pointy toe heeled boots with tassles that swing back and forth.
One of the challenges in representing 40 people in a mass disaster trial is to put on their medical damages cases without taking weeks and weeks.We have been streamlining the case not only since before trial began, but also during trial.
Read MoreJury is filing in. Am standing off to the side to let them pass. Realize still wearing sneakers. Judge has noticed and chuckles. Rush to chair. Sit and buckle ankle straps of heels. This looks better with stockings, black criss cross in the front bcbg skirt with raspberry toned red Moschino jacket over free people wildly batique-ish top with key hole neckline. Costume bangles accompanying apple watch.
Read MoreJust spent a weekend in Lululemon and now it is time to get court ready again. There have been times over the years where have resented having to figure out what to wear. Including whether to repeat or not in a long trial. But dressing up for court is really like putting on a costume for the big show. There is a stage and audience and what we wear is a part of the whole process. So for the most part, don’t whine. Messages are being sent by what we wear in court.
Read MoreToday’s uber driver is from Romania where everyone crushes grapes in vats at their homes. Some is saved as grape juice for the kids. The rest is put in a bottle. In 6 months there is good wine. Better than you can get at Safeway. He would like me to use uberXL versus uberX. The numerous reasons range from the safer more superior status of his SUV to what difference does a few more bucks make if we are all going to die anyway. Drops me off.
Get through security without beeping. Climb 9 flights. Enter on the dot at 8:30 as ordered by the court so we can address pretrial matters. 8:45 Mr. Ulmer announced her honor will be arriving in 7 minutes. Her bus has been delayed again. She arrives.
Read MoreWalk 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.
Read MoreTwo 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.
Read MoreSeptember 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.
Read MoreThe 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.
Read More(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:
Read MoreThe defense counsel writes to the Judge that I have displayed “histrionics and inflammatory rhetoric” in my legal argument.
Read MoreDear mom. How's heaven.
I was in the newspaper today. You would have been delighted. You always enjoyed bad news more than the good.
Read MoreOnce upon a time there was a lawyer who believed strongly in her clients' case. She fought hard. On the other side of the case was a defense lawyer she'd never met before. He didn't like her. He tried to bully her.
Read MoreDefense counsel and I walk up to the Taney County Courthouse in Missouri. There is a red sign in the middle of the entrance door that says no cell phones or other electronic devices allowed in building.
Read Moreuly 10, 2018.
1:30 pm Nala is stepping on my feet. She knows what the suitcase means. Looks mournfully at me as I walk out the door.
Read MoreI met Shellie 30 years ago when she was pregnant with her eldest daughter. We were both working at a hideously dysfunctional insurance defense firm. She wisely fled before I did.
Read MoreMy 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.
Read MoreWalks in and is already flustered.
Doesn’t ask your client how they are doing.
Isn’t familiar with the details of your clients’ injuries
