6:30 Look at clock on phone with one eye. 30 more minutes to go.
7:00 Look at it again. Make bargain with self for ten more minutes
7:10 Get up. Am surrounded by the zen beauty of the cedar walls in the cabin. All is silent.
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I’m running with Nala. Up near Kerry Park. The “Sleepless in Seattle” vantage point. We are a little late. Trying to get in run before heading to airport. To Austin TX to visit Noelle and JonJon for the weekend. Turn up a street to go a shorter route than usual. Nala’s leash hooks on a truck bumper. She jerks one way. I jerk the other. Down I go. Slow motion. Watch as my right knee jags to the left and back to the right. Fortunately I run slow.
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There used to be a club called Mr. Lucky that was directly across the street from the sonics arena at the Seattle Center. On April 19, 2004, at 2 am when the club emptied out into the parking a large fight broke out involving two dozen people. Security more or less let them go at it.
Phuon Mensaveng was a 24 year old father no bigger than I. He was in the melee. A tall bodybuilder type took a four foot metal pipe and swung it as had as he could at Phoun’s face, knocking him to the ground. As Phuon lay dying, people began to kick him. It was ugly. Hideous.
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Well, it doesn’t feel good. After all - the plaintiff trial bar is supposed to be made up of the most progressive lawyers that there are. We are after all fighting for civil justice - a good and noble cause.
This all started up (again) 6 days ago. I noticed that the slate of officer candidates for a subgroup of a national lawyer organization that I’m in - was all male. I googled them to double check and they were all white. I then looked at the 36 names of those on the executive board and with 3 exceptions - yes. All white male. So as the congratulations began to come in for the picking of such a great lineup I wrote in: there’s a serious diversity issue.
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Ana and Curt are kind and gentle although both mentally tough. But as the twins grew it seemed that they were much more challenging to raise than other children. Curt and Ana have written a book about their family’s journey. So what I share here is not being kept as a secret.
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Postscript: I intended to only share this with my family. But after an evening of thought decided that being real means sharing not only the good and bad, but also the humiliating. Because we are all in this thing call being human – together.
May 13, 2021.
I’m walking to home depot. Along the perimeter of Central Park West.
Return call from Rosemary. She is getting tested for covid so she can go to Hawaii. Needs to call me back. 5 minutes later am at Columbus Circle. Phone rings.
We chit chat about the test for one minute. And then here’s how it goes:
RM: I have something serious I need to talk to you about.
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From: M
Sent: Friday, April 30, 2021 11:23 AM
Hi Joe, Karen, and Ray:
Despite our failed mediation, I am still confident we can get this resolved. After mediation, I ran several different settlement numbers through the L&I formula to show S’s carrier how much each settlement number would yield to J. As much as you want to get paid, I’m sure your focus is getting a reasonable amount in J’s pocket.
Earlier this week a 30 year old jerk went up to 76 year old Xiao Zhen Xie and punched her in the face. But she didn’t fall down. Instead she found a board and pummeled him. By the time the police arrived, the jerk had to be put on a stretcher and taken to the hospital. I wish Mary Fung Koehler, my mom, could have seen that.
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I started watching the Oprah Winfrey Show when Cristina was born in 1986. Finished two children and ten years later. While other attorneys were taking classes on trial practice, this mommy lawyer learned the art of direct exam from watching the best interviewer in the world.
Earlier this month, Oprah interviewed Meghan and Harry. She did not disappoint. The session provides a wonderful lesson on Direct Exam.
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Have taken hundreds of defendant driver depositions. Used to have a checklist to make sure I didn’t forget the basics. Lost that checklist at a few decades ago. Now as a mentor for young attorneys, have reconstructed one which am sharing with you.
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Am trying to show empathy to our new associate who has been working long hours. Encourage him to make sure to take a day off. During firm meeting raise the issue of not working too much . Then Stritmatter crashes the party.
Strit: I’m going to derail this conversation. My father and I worked 7 days a week. That’s how I was raised. Work comes first. If you want to be a great lawyer you have to work a lot.
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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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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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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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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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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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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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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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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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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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