The WSBA declined to publish the emails between Sims and I saying they were not newsworthy. But today these email blogs generated a firestorm of intelligent discussion on my primary email listserv.
Tomorrow I am being dragged to Snohomish County Superior Court by the particularly undelightful defense attorney W.P. He is moving for sanctions against me under CR 37. The reason - because my client's answers to interrogatories were four (4, quatro, 四, quatre) days late.
Read MoreDear Karen,
It doesn’t matter to me what a lawyer is wearing, I just think we ought to show more respect to one another.
I did answer your question, just not as you phrased it because: (1) as phrased it didn’t make sense to me; and (2) it posed a false choice. Is your point that, on the rarest of occasions—indeed one I have never seen—where the lawyer is faced with a choice between pursuing the client’s best interest on the one hand, and acting civilly on the other, the lawyer should act uncivilly? If so, I suppose I would agree. I just don’t think that happens very often, if ever. I do, however, think that lawyers use that claim as an excuse for uncivilized conduct all the time; I just don’t buy it.
Read MoreDear Karen,
Sarcasm is a good example. Your email is laced with it, but it does not advance your cause. It does, though, increase the friction of the dialogue, unnecessarily so. That is part of my point. As soon as we inject sarcasm, condescension or the like, the discussion gets heated when it really doesn’t need to. If I didn’t know you were just trying to prove a point, I may respond emotionally and attack you on a personal level, and so the downward spiral would begin.
Read MoreDear Sims:
What right does the WSBA have to tell us we need to smile when dealing with opponents. If we aren’t violating the rules for professional conduct by doing something dastardly – like lying – why can’t we be stern. Or down right grumpy. Since when has society wanted attorneys to be nice and friendly as we go off to fight for our clients’ rights. As you can tell, I don’t think much of the WSBA’s new “civility” initiative. I’m a trial attorney. That means I’m a warrior. As long as I behave professionally, it shouldn’t matter if I’m being sweet or not.
Read MoreWe are going round the dinner table. Saying what we've liked best about our firm retreat. I'm looking at my seven partners and their wives. Listening to the variety of answers.
What will I remember the most? The fact that I will always have this special memory of us bonding with each other and being together. Our laughter, friendship, and love.
Read MoreTrials don't have to be boring. The best witness is someone who can show as well as tell. In this excerpt from my trial diary, you can see why.
Which brings us to witnesses #28 and 29.
The first owns ProRobics, a health club on Queen Anne that has been around for over three decades. She is extremely svelte and immaculately groomed. She’s been in the industry for 35 years. Mimy (our associate) talks to her about the makeup of the club (40s-60s primarily). The boomers started the health club industry and are expected to continue into their 70s. I like this as our youngest juror is 37. She confirms that plaintiff was a spin instructor for a decade before the crash, and that he could have taught for a lot longer. She sets the stage for our last witness.
Read MoreThe house is quiet. Cristina and Alysha are at college. Noelle is at a sleepover. She starts college next year.
I'm looking through some old photos. There are so many of them. Boxes and boxes. My babies. Little girls. Little women. All of whom are now taller than me.
Read MoreUnlike what we see on t.v., silver-tongued, brash, flashy, charismatic lawyers, don't always do well in trial. Jurors assume we have been trained to manipulate and persuade them. They guard themselves against us. By gosh – they aren’t going to fall for those darned lawyer tricks!
The insurance companies have figured this out. Companies like Allstate keep stables of "in-house" lawyers on their payroll. Though some of them are skilled. Most of them are not. But don't take it from me.
Read MoreIn trial, David Ball’s rule is to spend less time on showing fault than proving loss. His point - we are not going to trial to simply get a verdict of responsibility. It isn't enough for a jury to tell the defendant "you did it." The jury needs to make things right. Our country has decided that isn't done with "an eye for an eye." Instead, the jury sets a money value that is needed for the plaintiff to get back to even.
The defense wants to turn the jury's attention away from making things right. It does this by making the jury's job complex. The defense will fight even those cases where fault should be crystal clear.
Read MoreA letter from Tom E:
Karen, you story reminds me of someone, equally devilish, who rammed a jury verdict right through my professional reputation 33 years ago, after I lost a supposedly unlosable case. Only it wasn’t a He. It was a she.
As the then City Attorney for Lake Forest Park, it was my duty to prosecute a gentlemen who was accused of unlawfully aiming and pointing a firearm, and attempted assault for throwing Ninja Stars. Seems he had challenged a patron of our City’s Dance Club – Fandango’s – to a Kung Fu fight in the parking lot. A fight witnessed by close to 100 patrons, all of whom were more than willing to testify the Defendant had indeed drawn a gun and thrown a Ninja Star.
Read MoreEvery once in awhile there will be a plaintiff who is almost saintly in their wonderful-ness. I remember one darling Grandmother. We all fell in love with her. When she scrunched up her cute little face and talked about her sadness, jurors weren't the only ones crying. Mary Anne was as perfect as they come.
With the occasional saintly exception, plaintiffs are human beings like the rest of us. Jurors don’t expect our clients to be perfect. When we try to prove they are, we set them up for failure.
Read MoreWe set the case up for disaster if we build it way up and ignore what the defense is going to do to it. This would be like a basketball coach only having the team practice offense.
Instead, the coach studies the opponent. Maybe sends out a scout. Watches film. Devises strategies. Has the team practice then implement them.
We've all heard the saying -sometimes, the best offense is a good defense.
Read MoreIf you are sitting in the audience, watching yourself give a presentation, would you be inspired and eager to hear more? Let's be frank here.
There is a tendency to focus on pleasing ourselves when we give a speech. Maybe it's because we need to do everything possible not to show our fear. Or we are trying to look good and smart. When we focus on self, we channel our energy and efforts away from our audience. In return, our audience will go to sleep.
Read MoreDowntown Salt Lake City feels like several different worlds. To the right and across the street is Temple Square complete with amazing church spires set within the background of a mountain range. I've never seen so many men in suits and ties.
To the right is the old Union Station which is now part of The Gateway. This is where all the shops are. A whole lot of 'em. And a movie theater. Not quite so buttoned up here. Don't feel quite so alien. Need to kill some time before the movie starts. So walk into Salon H20. Can't tell you how long it has been since I've been a salon. You'd feel sorry for me.
Read MoreAm late. The room is filled with female trial attorneys. We call ourselves WOW (Women of WSAJ). Am here to show moral support. Move to the rear of the room, grabbing a cluster of red grapes along the way. Take off puffy coat. Stand and listen.
About ten minutes later my phone rings. Go to silence it but see it is Cristina. Are you still in a meeting she says. I whisper yes. She promises to call later. Put it on silence. Another ten minutes pass. I see someone on the other side of the glass door. Break into huge smile. It is Cristina. She's surprised me by coming home from college (spring break) a day early.
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