Todd's amazing speaker intro: sings, stomps and plays the harmonica

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http://www.youtube.com/watch?v=dHzliK8j82A&feature=em-upload_owner

Am at Burlington for Vermont's annual convention.  Todd Schlossberg comes up to the podium to give my introduction.  What he does next is the single best introduction I've ever witnessed at a trial lawyer seminar in my whole entire life.  Am not exaggerating.

Afterwards, ask the audience if anyone knew he could sing, play, or write music.  Only one person had a clue.

So if you are tasked with the job of introducing a speaker.  I dare you to top this.

Video:  http://www.youtube.com/watch?v=dHzliK8j82A&feature=em-upload_owner

 

Mistrial - book review

mistrial book.JPGGood trial lawyers tell pretty good stories. 

Mistrial by Mark Geragos and Pat Harris is a nonfiction book of pretty good short stories tied together with a more lofty agenda: addressing  the institutional erosion of the defense of reasonable doubt.

Here are the good things about the book:  It is written in a punchy attention grabbing style and the stories are of the sensational variety.   Both lawyers know what they're talking about.

They lay out their insights - bam - right between the eye brows.  Like this:

[V]ery few young men and women who graduate from law school will ever try a case.  Some of them end up in areas of law where trials are virtually nonexistent, such as intellectual property or antitrust.  Others go into large law firms where they are never the ones allowed to actually try a case.  But many are frankly just too scared to do it.  There are a large number of lawyers, many calling themselves trial lawyers, who are petrified of going to trial.  You can identify the really nervous ones because they are always the biggest blowhards, screaming and threatening that if they don't get what they want the will just go to trial.  Invariably if you look at them and say, "Okay, let's pick a jury," they fold like a cheap suit.

That really is quite clever. 

They go after obnoxious people.  Like Nancy Grace.  Even though I don't watch t.v. at home, I've been unable to escape her many nights on the treadmill at the gym.  They lay it all out there like this:

Grace was once a Georgia prosecutor known for being tough and for committing multiple acts of prosecutorial misconduct.  "Prosecutorial misconduct" is legalese for saying she lied and cheated.  In fact, appellate courts in Georgia found that she had committed prosecutorial misconduct three separate times in a nine-year career.

So the book is quite entertaining.   

Yet one of the authors' missions is to change the way people think about the criminal justice system.  To heighten awareness as to its increasingly lopsided nature.  And to perhaps influence future jury pools. By reminding them of the importance of proving beyond a reasonable doubt.

This doesn't happen.  It can't happen.  Because the authors are dedicated fighters for the defense.  The book is written to highlight their point of view.  It is not subtle.  It doesn't pretend to be objective.  And as all trial lawyers know - people won't change their minds just because you tell them to. 

This one gets a B-.  It would have been better if Geragos and Harris could have spent more time on it.  But hey - they're in-demand trial lawyers.  So the fact they squeezed out any time to write this is deserving of applause.

Voir Dire...as a social gathering via Spreecast

spreecast.jpg

What the heck is a spreecast.

Why so glad you asked.  But can't quite explain it to you.  Because still not exactly sure.

Mitch Jackson, asks me to do one with him.  On voir dire. 

First, have to get the spreecast up and going on computer.  But the screen goes dark and there's a box telling me to hit a button.  Can't hit the button because box won't close.   So call Mitch.  He walks me through to the black screen and box.  He says, hit the button in the box.  I say - it isn't a real box.  He says - hit it.  So I do and well...it is a real box.  What a dummy.

So it is up and going and basically he's on one side of the screen and I'm on the other.  He's a real pro.  Has an ear piece and looks sharp.  I on the hand, am bouncing on my ball and looking off to the side where I think the camera is.

Despite my personal challenges, we have the spreecast and it is quite fun.  He is quite perky and a darn good interviewer.  Kind of like a lawyer version of a decades younger Larry King.

Here's the interview. 

http://www.spreecast.com/events/karen-koehler-the-velvet-hammer

Dealing with Death Wednesday - the postscript

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Dealing with Death Wednesday - a tirade

12SN1972 (3).JPGYesterday night Noelle didn't come home.  I worried about her.  Even though I figured she was staying at her friend Leda's house.  Noelle is 19.  Old enough to think that she doesn't have to check in every single minute of the day with me.  I have a hard time with that. Cristina and Alysha, her older sisters, know that 19 is not my magic cut off number.  Because I still call them and ask where they are every single day as well.

Today am working on two different cases where two kids Noelle's age, didn't come home ever again.  Here's the story of one of them.

S was actually a year younger than Noelle.  He and two buddies went to a 7-11 to pick up some candy and chips.  Happily munching their snacks as they walked home, they were mowed down from the rear by a drunk driver.   Once this despicable individual (and his buddy) stumbled out of their junker and realized what they hit was human, they got back in and fled the scene.  Until they hit a tree.  And eventually were caught.

Now, I don't learn all this simply by talking to people.  Or having Bryson my investigator tell me what people said to him.  No.  I learn it by re-living it.  Scour ever sentence of the 376 page police report.  Examine at zoom-in level each photo.  Study each line of the Medical Examiner's report - googling all the medical terms to make sure I get it.  Look at the broken covered body of S.  Look at the broken uncovered body of S.  Look at every single thing there is to see.  And it is overwhelming.  And sad.  And devasting as I think of his family.  In particular his father who raised him after he was deserted by his mother.

At times am crying.  This young person died on a cold, hard, road.  The last person to look at him before he left this world, was a police officer.  There was no one to whisper words of love.  To hold him.  To kiss him goodbye.

And then I get angry. 

Angry at the insurance company who says there is no case. 

Angry at The State of Washington for disrespecting the family.  For drawing a fake line in the sand.  That a parent has no rights when their child is killed if that child is over 17 years old.  That a parent's right to the love, care, companionship, and affection of their child vanishes on a birthday.

Noelle calls to say she's on her way home.  And somehow, I need to put S and his dad and all these details and images out of my mind.  And try not to drive her batty with my over-protective instincts borne of an elemental love - that the State of Washington could care less about.

Photo:  Every parent's nightmare.

Deposition fight - standing up for your client

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In this deposition, the defense attorney accuses me of being unprofessional.   So what do you think.  Was it okay for me to stand up to my client.  Or should I have let him continue down his path without interfering.  You be the judge.

 

 

 

 

 

 

 

 

 

 


14   Q     Then what other treatment did you have following that?      
15   A     I went to the knee specialist at The  Clinic.        
16   Q     Who did you see at The  Clinic?                      
17   A     There was two different doctors.                            
18                  MS. KOEHLER:  Why does the knee even matter?  She's
19         not claiming that either accident caused the knee injury.   
20   Q     You can go ahead and answer.                                
21                  MS. KOEHLER:  We'll get you the records.           
22   A     Yeah, you can just get the records.                         
23   Q     I'd like to know where you went for treatment.              
24   A     The  Clinic.                                         
25   Q     All right.  And do you recall the names of the physicians   
                            75
 1         there?                                                      
 2   A     I don't.                                                    
 3   Q     And then what other treatment did you have other than the   
 4         hospital?                                                   
 5                  MS. KOEHLER:  Objection; irrelevant.               
 6                  MR. B:  That's not a proper objection.  You  
 7         can object to form.                                         
 8                  MS. KOEHLER:  Objection; form, irrelevant.         
 9   Q     You can go ahead.                                           
10   A     It was just the knee.                                       
11   Q     What's that?                                                
12   A     Just the knee.                                              
13   Q     Just the knee?  I don't understand.                         
14   A     I guess I don't understand your question.                   
15   Q     My question's not that difficult.  What treatment did you   
16         have other than The E Clinic and the walk-in clinic   
17         and P Hospital?                                    
18   A     For my knee injury.                                         
19                  MS. KOEHLER:  Wait.  Don't.  You don't need to     
20         disrespect the witness.                                     
21                  MR. B:  Excuse me?                           
22                  MS. KOEHLER:  By saying that your question's not   
23         that difficult?                                             
24                  MR. B:  I'm not disrespecting the witness.   
25                  MS. KOEHLER:  That was very disrespectful.  Like,  
                            76
 1         Are you dense?  My question is not that difficult.          
 2   Q     My question is pretty clear.  What treatment did you have?  
 3         You don't understand that?                                  
 4                  MS. KOEHLER:  I don't know why you're getting so   
 5         agitated about the knee that's not even related.  We've been
 6         going over another hour.  We can take a break as soon as    
 7         you're done with your line of questioning.  She's tying to  
 8         cooperate.                                                  
 9                  MR. B:  You're the only one being            
10         obstructionist.  I'm trying to get very basic information.  
11                  MS. KOEHLER:  Be nice to her.                      
12                  MR. B:  What is relevant and what is not     
13         relevant is not up to you to decide.                        
14                  MS. KOEHLER:  Like I said, be polite.  You're now  
15         being very aggressive.  Be polite.  That's all I'm asking.  
16         You're leaning over the table.  You're getting red in the   
17         face.                                                       
18                  MR. B:  I've been right where I've been the  
19         whole time.                                                 
20                  MS. KOEHLER:  Ask a question.  Find a good place to
21         stop.  We'll take a break.  We've been going an hour.       
22   Q     Can you just answer the question, ma'am?  It's a very basic,
23         easy question.  What treatment other than the ones that     
24         we've listed did you have for the right knee injury with    
25         your dog?                                                   
                            77
 1   A     The right knee injury with my dog is for my right knee with 
 2         injury with my dog.                                         
 3   Q     That's not my question.  Please listen carefully to the     
 4         question.                                                   
 5             What other treatment have you had other than what we    
 6         just talked about for your knee?                            
 7   A     For my knee related -- you're not asking me a question      
 8         that's very clear.                                          
 9                  MS. KOEHLER:  Right now maybe we've -- because     
10         we've been yelling at each other, now we've maybe confused  
11         the witness.                                                
12                  MR. B:  I haven't been doing any yelling.    
13         Can you read back the question, please?                     
14                       (Pending question read back.)                 
15                  MS. KOEHLER:  He just wants a list of your medical 
16         treatment.                                                  
17                  THE WITNESS:  Medical treatment for my knee?       
18                  MS. KOEHLER:  For your knee.  Any kind of medical  
19         treatment you've had for your knee.                          
                                     
***  [Witness goes through her knee treatment for a couple minutes]

                      MR. B:  What kind of therapy, if any, do you think you are going to 
13         need for your knee?                                         
14                  MS. KOEHLER:  Object to the form.                  
15   A     I don't have any idea.                                      
16   Q     There's been no discussion about that?                      
17   A     They've got to wait.                                        
18   Q     Do you think you'll ever walk again?                        
19   A     These are really unrelevant (sic) questions to this whole   
20         thing.                                                      
21   Q     Ma'am, can you just please answer my question?  It's        
22         really --                                                   
23                  MS. KOEHLER:  Honestly?  Will you ever walk again? 
24         Come on.  Let's go take a break.  I asked to take a break   
25         four minutes ago.                                           
                            80
 1                  MR. B:  You asked when I was done with this  
 2         line of questioning, if I recall correctly, and I'm not done
 3         with this line of questioning.                              
 4                  MS. KOEHLER:  Asking her whether she's going to    
 5         walk again, that's really ridicules.                        
 6                  MR. B:  Why?                                 
 7                  MS. KOEHLER:  Give me a break.                     
 8                  MR. B:  Are you serious?                     
 9                  MS. KOEHLER:  Are you serious?                     
10                  MR. B:  Yeah, I am serious.  She's got a     
11         plate and screws in her knee.                               
12                  MS. KOEHLER:  Oh, my gosh.  Since when did that    
13         prevent someone from walking again?                         
14                  MR. B:  Well, we haven't seen the records,   
15         have we?                                                    
16                  MS. KOEHLER:  Oh, please.                          
17                  MR. B:  I've never seen anything like this.  
18                  MS. KOEHLER:  I've never seen anybody act like     
19         you're acting.  What has she done to you?                   
20                  MR. B:  Nothing.                             
21                  MS. KOEHLER:  I know.  Be nice to her.             
22                  MR. B:  What's wrong with you, Counsel?      
23                  MS. KOEHLER:  If you were asking a person that     
24         actually had a spinal cord injury if they were ever going to
25         walk again --                                               
                            81
 1                  MR. B:  I'm going to move to strike Counsel's
 2         comments from the records.  They're totally inappropriate,  
 3         they're irrelevant.                                         
 4                  MS. KOEHLER:  Just be polite to the witness and    
 5         finish your questioning.                                    
 6                  MR. B:  Excuse me, please.                   
 7                  MS. KOEHLER:  Go.                                  
 8                  MR. B:  I don't want to be interrupted again.
 9         If I'm going to be interrupted again I'm going to call the  
10         judge.                                                      
11                  MS. KOEHLER:  Call the judge then.                 
12                  MR. B:  Please don't interrupt me.           
13                  MS. KOEHLER:  Please call the judge if you feel you
14         need to.                                                    
15                  MR. B:  I will, but I'm asking you politely  
16         not to interrupt me.                                        
17                  MS. KOEHLER:  Then be polite.                      
18                  MR. B:  Nothing happened here until you got  
19         involve.                                                    
20                  MS. KOEHLER:  I've been involved since day one.    
21                  MR. B:  Until you got involved in the middle 
22         of legitimate questioning when you all of a sudden decided  
23         it wasn't good enough for you.                              
24                  MS. KOEHLER:  All right.                           
25                  MR. B:  So stop it and let me ask the        
                            82
 1         questions.                                                  
 2                  MS. KOEHLER:  I can't wait until the next one.  Go 
 3         for it.  Continue.                                          
 4                  MR. B:  Thank you.                           
 5                  So can you read back the last question, please?    
 6                       (Pending question read back.)                 
 7   Q     And you said you don't know, is that right?                 
 8   A     I hope so.                                                  
 9   Q     And then she objected.  She didn't think it was a very good 
10         question.                                                   
11   A     I don't think it is either.                                 
12   Q     But you don't even know whether you can or not.  If it was  
13         such an illegitimate question, why can't you answer it?     
14   A     Well, I think that's really rude and hurtful, too.          
15   Q     Well, you're suing my client for injuries.                  
16   A     Not for this knee.                                          
17   Q     But you can't work and you're claiming lost wages, aren't   
18         you?                                                        
19                  MS. KOEHLER:  We're not claiming lost wages for the
20         period of time -- we'll stipulate right here that she's off 
21         of work for her knee.  We're not claiming any lost wages for
22         the period of time she's off of work for her knee.          
23         Stipulate.                                                  
24                  MR. B:  We don't know when that is, do you   
25         we?                                                         
                            83
 1                  MS. KOEHLER:  I'm stipulating it right now.        
 2                  MR. B:  But we don't know how long a period  
 3         of time that is until I ask the question, do we?            
 4                  MS. KOEHLER:  Well, we'll know when the doctor says
 5         she's out of a wheelchair and able to stand on her feet.    
 6                  MR. B:  And do you know when that is?        
 7                  MS. KOEHLER:  You are being so abusive right now.  
 8         Did you hear my stipulation?  I'm going to stipulate on the 
 9         record.                                                     
10                  My stipulation is:  We stipulate that the knee     
11         injury caused by her dog was not caused by either motor     
12         vehicle collision, number one.                              
13                  Number two, we stipulate that all of the medical   
14         care rendered for her knee was not caused by either         
15         collision.  We will not be making a claim for any damages   
16         for that medical care financially or otherwise.             
17                  Number three, the period of recuperation for her   
18         knee that she's off of work we are not claiming as part of  
19         the motor vehicle collision injuries.                       
20                  Number four, we're not claiming any pain and       
21         suffering relating to her knee as a result of the injuries, 
22         period.                                                     
23                  MR. B:  Up until what time?                  
24                  MS. KOEHLER:  I said the entire time that she has  
25         the knee problem that's preventing her from working.        
                            84
 1                  MR. B:  And you can't tell me when that is;  
 2         right?                                                      
 3                  MS. KOEHLER:  Let me see.  If I was God, maybe I   
 4         could.  I think that's a pretty good stipulation.           
 5                  MR. B:  It's an easy question, Counsel.  You 
 6         can't tell me what it is; is that right?                    
 7                  MS. KOEHLER:  Can you tell us when it is?          
 8                  MR. B:  That's why I'm asking the question.  
 9                  MS. KOEHLER:  The doctor doesn't know yet.         
10                  MR. B:  We just found that out, didn't we,   
11         because I asked a good question.  Now, if I hadn't asked the
12         question, we wouldn't know.  I think we're making progress. 
13                  THE WITNESS:  Can I take a break now?              
14                  MR. B:  Yes.                                 
15                  THE WITNESS:  Thank you.

Postscript:  After the deposition ended, B and I kissed and made up. 

Photo:  At the Louvre.

Pollyanna goes to business school: Lawyernomics 2013

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Back when I was an  defense lawyer, this is how the firm got business.  The partners golfed with, rubbed shoulders at clubs with, went golfing and to four star dinners with insurance and corporate key persons.  The firm maintained these relationships and periodically was able to build a new relationship with yet another company.  These relationships could last for decades. 

Marketing is a kind of dirty word for plaintiff attorneys who represent “the little people.”  We don’t want to do it (or at least most of us don’t want to).  But we need to let the public know who we are.  Otherwise, they’ll simply call the lawyers who bark the loudest.  Through tv ads.  Or billboards.  Or even in some gross cases – by direct mail when there’s been a disaster. 

Fly down to Vegas  to go see what Lawyernomics has to say.  Expect to be surrounded by rabid marketers.  Instead, am rather pleasantly surprised.   Because for every two super aggressive widget counters, there is someone who simply wants to figure out how to shine their light.  Plus the speakers are really good. 

Visit with Kevin and Colin O’Keefe – their company Lexblog.com houses this blog.  Chat with Mark Britton and the folk from Aavo – lawyers ignore this consumer focused site at their own risk.  Listen to Sam Glover of Lawyerist.com give my favorite talk of the conference.  Since he reads it, here it is:

http://lawyerist.com/why-your-blog-sucks-and-what-to-do-about-it-lawyernomics/

But wait.  It’s not quite over.  The woman in the front row gruffly warns people not to believe Sam.  She doesn’t like the recommendation that a blog be separate from a law firm website.  She charges:  I did it your way. But after seeing hardly any result, I moved it back to my website and it zoomed up Google rankings.

Sam blinks and says:  I don’t care.

Yeah.  That’s the right response.  

Because most lawyers who write blogs are doing it to get business.  The focus is on moving up google, or getting clicks. 

Not in writing something that people actually may want to read.

So why waste your breath.

Photo:  Kevin O'Keefe and I at the conference.

Lessons for a defendant: Top 10 things not to do if you crash into someone and hurt them

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Here are real life examples of dumb things people do after they hit someone with their vehicle. 

10.          Stay put in your vehicle and call your boss before you do anything else.  Give them  the bad news without getting out to see if the person you hit is injured or even still alive.

9.            Get out and hide behind your truck because blood makes you sick and you can’t bear   to look over at it.

8.            Quickly hang up the cel phone and pretend you weren’t on it.  (Cel phone companies keep records of your calls)

7.            Yell and swear at the hurt person.  Yeah.  That always helps.

6.            Get a broom out of the back of your truck and start sweeping up debris before the police arrive.  Also known as tampering with the evidence.

5.            Lie to the officer about whether you have insurance.  Hello – as soon as someone calls that company you’ll be outed anyway. (And turned into Department of Motor Vehicles).

4.            Lie to the officer about what happened.  Especially when there are multiple eye witnesses.

3.            Don’t call or visit them in the hospital to see how they’re doing.

2.            Don’t send a condolence card to surviving family members.

1.            Keep driving so you can toss the empty beer cans out before the police arrive.

Here's what happens if you do these dumb things:  a) you get caught and then get in even bigger trouble; b) your bad behavior is so offensive that even someone who doesn't like lawsuits will sue you.

Photo:  The driver of this car blamed the girl she hit for wearing dark clothes as she walked across the street in a marked crosswalk.

Diary of a mediation in Spokane

mediation.jpgThe alarm is ringing.  Try to ignore it, but know cannot.  Look at the phone/clock and it is 4:30.  As in a.m.  Put on ugly red glasses.  Only wear them when no one can see me.  Like now.  Lie there til 4:45.  Finally jump up because  have to make a plane.  Open the drapes.  There is a gigantic full moon that seems to be shining a path across puget sound right into my bedroom. 

Rush around. Put on black clothing.  Tell Nala to get up.  Out the door.  Drop her at doggie daycare.  Make it to the airport by 6.  Stand in sluggish security line.  Even the special Spokane shuttle line is clogged.  No worries.  Have time to get a scone and bottle of water from D'Lish.

Eat mediocre blueberry scone in waiting area.  Wait until everyone else has boarded.  Then get on plane.  Make two people already seated in the row get up to let me in.  Close eyes and semi-fall asleep but not really.  Bump.  We've landed.  Open eyes.  Shuffle out of plane.  Call Steve Nordstrom my co-counsel.  He says he's already here.  Walk outside and there he is.  He asks if I mind if he opens the car door for me.  I say, by all means.  He's worried about it.  Apparently he did this to another female lawyer and she chewed him a new one.  The way I feel about it, if someone wants to open a door for me go for it.

We drive downtown.  It is too early.  Stop by Madeleine's french pastry shop.  Get an almost pure sugar creation.  Eat it.   Yes if you're counting this is a two pastry morning.

Go to mediation.  Gary Bloom's office at the US Bank building.  We get off at 4th floor.  Wrong.  We get back into elevator get off at 13th floor.  Our client is there.  First time I've met him.  I've been on this case about three months.  Steve has had it for over three years.  But asked me to help get it ready for trial.  Thank you Steve.

Fall in love with client.  Gary comes in and does his spectacular mediator dance. Goes out to the other room and repeats it.  Comes back and does some more.  And on it goes for two hours.  At which point we have to hurry off to court.  Yes that's right.  In the middle of mediation me, Steve, the defense attorney, his associate, the adjuster who's flown in, the defendant, the defendant's personal counsel all trot off to court.  Our client doesn't come with us.  We want to spare him.

Steve opens and closes doors for me several more times before we reach the courtroom.  I then sit at counsel table and do nothing other than take this picture.  The defense wants to stay the trial which is set to start in a month.  They want the court of appeals to rule on an issue (the county was dismissed).  Steve tells the court the only reason they want to do this is because our client has cancer.  They want to delay the case so he will never have his day in court.   Paul, the county attorney adds some nice arguments.

The defense lawyer makes his argument.  But it's hard to do a good job when you know you're going to lose.  Which he does.

So Steve opens and shuts more doors for me.  We get back up to the mediation room.  Gary comes back in and resumes his dance.

It is a very emotional mediation.  As you will recall, our client has cancer.  Not the good kind.  After we've strutted around and puffed out our feathers a bit, the case settles.  It is not confidential and I could tell you how much, but that isn't the point of this story.   I could also get the client's permission to tell you his reaction, but I don't want to do that because that is his story. 

What I can tell you, is that I hate settling cases in mediation as a general rule.  I want to try cases.  Don't want to compromise off of what I think is a proper value.  Perhaps in my entire career as a plaintiff lawyer have settled ten or less cases in mediation that was really pleased about.  For various reasons.

Well, this is one of those cases.

Gary comes back in with the paperwork.  Says the defendant truck driver would like to come in.  Just to see our client and apologize again.  The driver actually had visited our client in the hospital.  You'd think this would be what most bad drivers would do - but they almost never do.  So we like him for being decent.    I tell Gary he can come in if they will pay more money.  Gary falls back in his chair.  Tell him just kidding.  The driver comes in with all the lawyers and adjuster.  They are very respectful and gracious.  Then leave.

I hug the client goodbye.  Say bye to Gary.  Steve opens and closes various doors for me as he gets me to the airport.   It is 4. Hug him goodbye.   Go to the grill and eat a very bad quesadilla and garden salad (uh - no garden in that salad).

Am last to board plane.  Make woman in the aisle seat get up to let me in.  Sit down.  Close eyes and do not open them until. Bump.  Have landed.

Rush home.  Throw on running gear.  It is 7:15.  Sun sets at 8:15.  Run down hill. Along waterfront.  Up over bridge.  Pick up Nala at doggie daycare.  Back over bridge.  Through train yard.  Up hill.  Sun has set.  Meander through residential district.  Thinking what a very good job everyone did today. Our side and their side.  We all got it right.

Get home.  Look at calendar.  Oh no.

Have to make another 7:00 am plane tomorrow.  Crud.

Photo:  During the break in mediation today.  Steve arguing in court.  Paul studying up.

Talking Head interviews Bouncy Ball Lawyer (Me)

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Am speaking for Avvo at their Lawyernomics seminar this weekend.

Colin O'Keefe of Lexblog is doing video interviews.  My job is to explain why it is important for lawyers to show personality.    This video is hilarious because...well..

According to John, my paralegal, our subject is how to engage.  And Colin is so absolutely deadpan.  It's really pretty funny.

Video:  the interview.

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