7:50 wake up
8:00 don’t get up
9:00 get up
9:15 pull out computer and sit down to begin
9:20 don’t begin
9:25 make microwave breakfast
9:30 eat breakfast. Skim news
9:40 pull out computer to begin
9:45 don’t begin
Read More
The year was 2008 and I was president of the state trial lawyers association then called WSTLA (now WSAJ). Every year the president had the honor of presiding over the law day dinner. A formal sit down event filled with lawyers and judges.
I had attended many such events over the years and particularly enjoyed the inspiration offered by the key note speaker. One of my favorites was Morris Dees - of the Southern Poverty Law Center. Who told stories of civilly prosecuting white supremacists and then bankrupting their organizations. He gave me chills.
Read More
Dear Grandma.
I only knew you through my mom who lost you when she was 14. She idolized you. I spent many hours looking at the handful of photos she had of you. Starting with the one where you stood next to Gong Gong on you marriage day. You never smiled in your pictures. I wouldn’t have either if my marriage had been arranged.
Read More
Last night was rough. Spend three hours looking up everything that possibly exists about omicron, isolation, transmission, and dying. Lie in the tub for two hours. Which is a world record. As I head for bed, think: well maybe this is my last night on earth. May not wake up tomorrow.
Read More
Wake up happy. Have been back in Seattle 4 days after 10 spent in Manhattan. Went to a Bach concert at Lincoln Center. Saw Wicked on Broadway. Two movies at the theater up the street. Italian dinner with my neighbors. Ran around Central Park every morning before work. Bliss.
We’ve finished our year end work for the firm partnership. I’ve given the great news to all the associates. Will finish up telling staff today. But first - off to cookie decorating with my daughter’s family. Can’t wait to see them. Sniffle. Ignore it.
Read More
When you champion a Black mother of 4 who is shot and killed by the police in her own home. When the City agrees to pay $3.5 M after 4 years of litigation. And even though you practice in Seattle and feel safe to be a person of color as you fight these battles. There is an ugly reality that cannot be escaped.
Shortly after our firm’s press conference - which I led and Ed spoke at with great eloquence and passion. A wretched racist - who spat with venom as he ranted - left a message on Ed’s phone…
Read More
aving an expressive face does not have to be a disaster.
But when I was a young lawyer, I had not quite figured out how to control it. And this got me into trouble.
Read More
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.
Read More
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.
Read More
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.
Read More
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.
Read More
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.
Read More
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.
Read More
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.
Read More
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.
Read More
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.
Read More
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.
Read More
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.
Read More
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.
Read More