March 7, 2022
Trial Day 1
Wake up in gray hotel room. There’s a text from Furhad - our first year associate who will help me in trial. He’s going to the courthouse and leaving at 8.
Smile. The doors won’t be open then but okay. Send him text – telling him so and that I’ll be there at 8:45.
Read MoreMy consistently biggest irritation is the defense lawyer who wastes time for the sake of the billable hour. The typical arena for this involves inefficient taking of depositions. What could be done in an hour - takes four. Or worse - the deposition isn’t needed at all. Add to this the specter of the brand new defense attorney who has not been properly mentored. And it is enough to drive me absolutely wild.
There is a defense firm that I don’t particularly like. It has a problem retaining associates. This means there is a constant stream of new JDs going in and out of there. Two weeks ago, they sic’d one on me.
Read More7:50 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 MoreThe 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 MoreDear 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 MoreLast 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 MoreWake 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 MoreWhen 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 Moreaving 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 More6:30 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 MoreI’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 MoreThere 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 MoreWell, 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 MoreAna 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 MorePostscript: 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 MoreFrom: 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 MoreI 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 MoreHave 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 MoreAm 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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