Trial Day 7: showing not just telling medical damages

Trial day 7

Part of a trial lawyer’s worry – is the concern that without a clear cut case, pounding on damages may be too much. Perhaps jurors will be pushed over the edge into voting against liability. But while looking at the dynamics from all directions is always a worthy exercise, we are in trial and there is no time to be faint of heart.

Mr. P went through torture ending in death. We must own that. Not shy away from it. At the same time we should be guided by principles of compassion, decency for the survivors’ sake, and overall humanity in the presentation.

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Trial Day 6: the empath.

If the defense was to bring their jury consultant back, there would be major problems. First, no room for that person to sit. Second, the jurors’ faces are covered by masks. You can see no expression. Every so often you can see someone nod. But there is no real rhyme or reason to that. They are also spread out across the entire courtroom. You can’t glance over at them. You’d have to scan dozens of linear feet.

Part of my being in trial, includes feeling of the jury. Now they are physically hidden. Still, can sense something. They are calm. They are not restless. No one is dozing. They are paying close attention. Some taking notes.

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Trial Day 4: Anticipating the Defense - and a judge's smackdown (not of me)

Did I tell you that Steve F. got in trouble yesterday. Almost enough to satisfy me. But not quite.

In the middle of damages opening. Tell the jury that the defense expert doctor is going to say he did not feel pain. Steve is hopping up. Objecting on top of my sentence. We aren’t calling any such witness – he charges. Judge Parisien calls a non-socially distanced sidebar in the corner of the conference room perfectly in sight of everyone.

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Zoom Voir Dire - a covid trial diary excerpt

Head over the bridge to Bellevue. Enter the parking garage. The gates are up. A sign is taped over the ticket machine. Free parking. Slide into a spot. Walk a few feet to the entrance. It is all so clean and perfect and sterile as heck. Miss the cracked sidewalks, scores of people, and general dishabille of King County Superior Court at 3rd and Stewart. Even the long and twisty security lines. We are set up and ready to zoom voir dire.

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Mask etiquette and challenges in a covid trial

By far the biggest challenge in our covid trial is the mask situation. Never mind that we are in a convention center conference room. Or that the jury is spread out across the ballroom floor. This is from my trial diary - day 1.

The defense lawyer is a distraction. Or rather his facemask is. It is dark blue with a design that looks like either big diamonds or a faux Louis Vuitton print. Can’t quite decide if it is garish or neat. It is for certain bold. And has me transfixed.

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Karen Koehlerzoom, trial diaries, mask
Civil rights matter: Seattle peaceful protester complaint gets filed.

Two months ago we filed a dozen tort claims with the city and state. For peaceful protesters who were hurt by the police or in Summer Taylor’s case - killed - while protesting for BLM. We then needed to wait 60 days before filing the suit.

Instead of having down time, we began drafting the complaint. I had the great role of being the boss of all and handed out assignments.

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Interviewing Eyewitnesses and a checklist

Don’t trust insurance companies. One of the first things they will do in a case where there may be exposure - is to take the statements of witnesses. Eye witnesses to be precise.

While it is good to take a statement in a timely manner. It is bad when the interviewer messes with the memory of the eye witness or skews what they say. Insurers will never turn over their work product of interviewing these witnesses. Though they must turn over any interview of the plaintiff who unknowingly agreed to be interviewed before hiring a lawyer (shudder).

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Karen Koehlerwitness
The best defense medical expert (for the plaintiff) is the worst most biased one

In the early 1990s, Tom Chambers sent me on a motion mission. Go to court. Argue that Dr. X was used so often by the insurance industry to testify against plaintiffs no matter what that they should be disqualified as an expert in our case. Went to court. Lost the motion.

Tom had me bring and lose that motion multiple times.

“It goes to weight,” declared the judges. “If they’re biased you can bring that out in cross.”

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Why leading questions are an obsolete persuasive technique

Isn’t it true that…

You previously testified to X - didn’t you…

She did XYZ - isn’t that right…

As a young lawyer, I felt the flush of success when cross examining a witness with leading questions. We were taught the technique in law school. Told it was the best and only way to cross examine a witness. You never wanted to ask an open ended question - oh no. Because terrible things could happen

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The Pirate - Tom Lether

7:30 am Get up. Take out Nala. It’s cool outside. Mountain air.

8:00 Eat raspberries. Clean up and pack.

8:45 Cristina, Sol and Liam come from little cabin to big one to say bye. And take away a bike.

8:50 Dance while Liam bangs on piano to the Latin drum beat. They finish. Say goodbye.

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She cracked our glass ceiling: a chat with Justice Faith Ireland, ret.

Justice Ireland:

“Here’s a picture of me as the first woman member of the Washington State Trial Lawyer Association Board. It only happened because the President, John Lewis, insisted. He wanted me to be chair of the legislative committee because I had worked in the Stat senate three terms in college. I knew everyone and where all the bodies were buried. The WSTLA Board agreed with one hitch.

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Throwback: Shadowing Mom 2006 (By Alysha then 15)

From the very beginning I knew that my shadow day with my mom would not be exactly relaxing. I woke up the same time I do every school morning, and left the house by 7:30am. Kristin (co-student) met me and my mom and we headed out to Seattle. On the way over we were stuck in a fantastic jam of traffic, so we had a lot of time to question my mom about how she likes being a lawyer, and got an idea of some of the different cases she does.

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The jury's award was all we ever needed.

Learned last week that we did not win the nomination to be a finalist in the running to be the 2019 Trial Lawyer of the Year for Public Justice. When Brad told me - he said - I know you don’t care. And he was right. Because I had given it almost no thought. It was an honor to be nominated. But our case was not the typical Public Justice type of fight. We weren’t a class action. It wasn’t about a toxic tort.

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On Being A Token - The Insult of Getting An Award for Being a Woman

“Congratulations! The National Trial Lawyers has identified you as one of the top 25 National Women Trial Lawyers in the state of Washington. Membership is by invitation only and is extended to the most qualified attorneys from each state or region, based on objective and uniformly applied criteria.”

Hogwash.

The letter arrives along with an order form so I can get a wall plaque ($165.00) or a Lady justice Statue ($240.00) to proudly display in my womanly lawyer office.

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Off with their heads! - time for our trial lawyer monuments to go

Plaintiff Trial Lawyers make act as if but are not - holier than thou.

As protesters topple monuments that symbolize white supremacy, the progressive trial bar stands proudly to the side watching. Perhaps not all applauding loudly. But as advocates for the constitution and against race based discrimination, we agree. It is time those monuments came down. For a great explanation - see Jeffrey Robinson’s YouTube “opening statement” type presentation.

Yet, as a profession we have not done much better in terms of recognizing our own worship of the long time dominant majority white male trial lawyer model.

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