Voir Dire...as a social gathering via Spreecast

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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

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.

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.

Comedians at Law Podcasts with The Velvet Hammer

comediesatlaw.jpgOnce upon a time four young lawyers decided they hated practicing law.  So they became comedians.  Part of their gig involved creating a podcast.  Which they needed content for. 

One day one of the comedians, Matt Ritter,  saw that The Velvet Hammer blog was the number one trial practice blog for the ABA.  He thought that was neat.  Called.  And the rest is comedians at law podcast history.

What is nice about this format, is that it is totally random and interactive.  Real time.  No rehearsal.  No script.  No telepromters.   Unlike heavily scripted and edited t.v.  We go at it until time is out.  

Here is the  Episode:  http://comediansatlaw.podomatic.com/entry/2013-02-10T21_40_13-08_00.     Velvet Hammer starts halfway through.

Dear Judge - don't give the defense lawyers her Facebook account

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Am heading out on a plane tomorrow to fight this in court.  The young woman is 21.  The defense pulled all of her public social network postings a few years ago.  Recently they tried to grab more stuff off the sites but encountered privacy settings.

We bring a motion  to prevent "an unnecessary additional fishing expedition into her private life."  The defense says - this information could be relevant so it has to be produced.

Anne is getting everything firmed up.  Checks me in.  Prints out the ticket.  Confirms the rental car.  Prints and emails directions.  Electronic folder of all the documents.

Cristina comes into my room for lunch.  It is one of those at-the-desk eating days.  Almost 2:00 and didn't have breakfast either.   Am still keyed up about the 12 page brief the defense has filed to oppose our protective order motion.  Had to research and write a reply brief on top of back to back to back to back meetings.  Then the defense files a "sur-reply" brief which isn't even allowed in the court rules. But they don't care. They file it anyway.

After engaging in an absolute fit, tell Cristina she might be interested in reading all of this.  She shivers, shakes her head and says.  No.  I can't read any of that.  I can't stand the thought.

It is all such an invasion.

Motor mouth

tv.JPGAm lost.  Have made it to North Seattle University but need to find the media room in the education building. 

Ask student - Do you know where it is.  Nope.

Ask another and another. No No No.  Give up.  Go to library. The person at the desk says go down back up over and behind there.  Do so.  Find the building. But where's the room.  Student with earphones packs up computer, iphone, coffer, binder and escorts me to the room.  What a sweetheart.

Enter it ten minutes late.  Visions of angry technicians dancing in my head.  Nope.   Bill Budigan - the attorney host who has invited me - isn't even there.  He ends up being half an hour late.  This means, I talk to (different) Bill and Keith.  Or rather they talk to me about things like the Occupy movement and common law legislators (a concept I don't exactly understand).  Bill is prolific in his ability to speak without breathing.  Wow.

This is public access t.v.  Pretty cool when you think about it.  No commercials.  A forum for people to spread their message.  Up to now, I have no idea what the message is that I'm supposed to be spreading.  Have just come to talk about...whatever.

Bill shows up.  He's done this 26 times and tells me to look at the little red light that appears on different cameras.  The cameras roll.  No rehearsing, stopping, cutting, editing.  No one to power my nose.  There are crumbs and stains on the ugly blue cotton table cloth.  But who cares.  We sit there and talk about whatever we feel like for an hour.

Someone will probably watch it at 4:00 a.m.  We are not exactly prime time material.  But so what.  We got to be on t.v.

Social Networking Warning Letter Form for Clients

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When plaintiffs file lawsuits, the defense insurance companies hunt them down on the internet like criminals.

The plaintiffs' fun, fellowship, and joy of connecting with others through Facebook and Twitter; is instantly smashed to pieces when they find out they are being spied on.

But many people don't know that their harmless wall posts, photos, and video clips, are being amassed into an arsenal to be used against them.

In one of our cases, a 20 year old woman was almost killed when a car crossed the center line and hit her car.  She suffered a terrible brain injury and to this day must live in a nursing home.  Her mother kept her Myspace page active.  Even though her daughter couldn't use Myspace anymore, it was a way to keep in contact with her daughter's friends.  The defense attorneys pretended to be friends to try to get into the site.  When that didn't work they subpoenaed Myspace to get at the records.  They were digging for dirt, even though the young woman was not at all responsible for the wreck.

My paralegal John Meyers and I developed this form letter for our clients.  Please feel free to use and share it:

Social Networking Site Letter.pdf

 

Lessons from The Bieber

Justin_Bieber_PRN-046102-200x300.jpgAm feeling like pious good mom.  Am going with Noelle to see "Never Say Never" - the Justin Bieber movie.  She's seen it once but wants me to see it with her. 

We drive to Jimmy Johns.  She gets tuna. I get veggie wrapped in a lettuce leaf.  They make them both in two minutes flat.  I give them a tip.  They try to give it back because apparently they aren't allowed to have tips - why not who knows.  Noelle sticks the wrapped tasty morsels in her purse.  Has to crunch them up a little.  Movie theater doesn't like healthy food. 

Drive to Bella Bottega theater.  Get tickets, popcorn (admit am addicted though gave up crude oil butter), expensive drinks and find seats since only about a dozen other girls (with their moms) are there on a Tuesday at 5:15 pm.

Did I mention it is 3D.  We have big glasses on.  I take a dramamine. 

Movie starts with Youtube clips.  Home movies.  Photos.  It is Bieber Fever time.  And I catch it!  Eat secret sandwich.  Munch some popcorn.  Movie is very jerky.  Have to take second dramamine about half way through it.  This means become somewhat drugged and begin dozing just a little.  It is involuntary I assure you as am mesmerized.

The crying screaming girls.  The cute boy.  All his crew and friends.  He's on stage.  Always picks out a girl from the audience to sing "Lonely Girl" to during concerts.  They are crying.  I am too.  Noelle is laughing at me.  So typical. 

Am now a convert.  A true believer.  I have the Bieber Fever!

But aside from how adorable he is, there are some lessons to be learned.  Signs of the times.  Things that we should take note of.

  • He arose from nowhere.  A boy raised by single teenage mom and her parents.  No music lessons.  Nothing but a love of playing instruments, singing, dancing and playing sports.
  • The family had no financial resources.
  • He did not go through the traditional kid star singer/dancer route of being discovered by Disney.  He didn't make it onto American Idol, the other option.
  • His mom made a poor quality youtube clip with him singing either acapella or with a simple acoustic guitar.  These were posted for friends and family.  They forwarded them to their friends.  People would make requests.  He would then sing, video  and post them.  Ultimately these went viral.
  • A young no-name agent/manager in his twenties saw a youtube clip.  Then another and another and went to meet Bieber and his mom.  This guy had no real resources and very limited contacts.  But he and Bieber had a vision.
  • They made contacts.  But the record executives expected Bieber to "be developed."  This could take years.  This wasn't in the vision.
  • They recorded a song.  Took Bieber on the road where he met radio DJs in person and sang his song with the guitar on the air, even if they weren't playing his record. 
  • The personalized approach was magnified when Bieber began texting on Twitter.  His fan base began to explode.
  • Within a span of 1.5 years from the date he moved to Atlanta to begin his record career, Bieber went from singing to groups of under 100 people, to selling out giant stadiums.  He has 22 Million followers on Facebook.  7.5 million followers on Twitter.

The phenomenum of Bieber is a testament to his own charisma and talent.  But social media and networking have made it possible. 

For those of us who dismiss the "whole internet thing" as a big time waster, here are two important words:  wake up!

 

Turning off the blog during trial

For the past two and a half weeks, I was in trial.  Just in case a juror might have found thisDSCN0589.JPG website, for the most part I stopped blogging.   Instead, I wrote daily trial diaries.  Those were sent to my family, friends and colleagues.  They were not posted publicly on the internet.

I think that's the safest way for a trial lawyer to deal with their blog. 

Now that trial is over (and yes we did well), I thought you might like to see a few pictures.   This was Steve Hay's case.  He graciously invited me to try it with him.  We had a great time.  It is always a pleasure to try a case with a good lawyer.  Plus see all those papers.  He took care of all that. 

The two defense lawyers were Andrew Stanton and Todd Bowers.  They represented two different people.  This is tDSCN0588.JPGhe second trial I've had against Andrew. 

The WSBA will be pleased with me.  I was quite civil.  Sure, there were a few times when Todd in particular was a bit naughty.   And we had to be hmmm... stern... with a few of his witnesses.  But otherwise both lawyers were professional and good to work with.  They also had a nice sense of humor.

The Lawyer Blog Guru

I look at the clock - 7:40 am - and wonder what is on my plate today.  Pull calendar off phone - 8:00 am breakfast meeting Library Bistro.  Crap!

Wash face, brush teeth, throw on warm outfit, run out the door, drive across town (2nd Avenue is the best- lights are syncronized) and find a place to park where the meter is broken.  I wonder if I'll get a ticket.  Run into restaurant ten minutes late (sorry) and there waiting in a cozy corner is a man I met last week on the internet. 

Umm, my oh my Karen how bold you are.  Yeah.  I suppose so.  But this is no ordinary man.  This is Kevin O'Keefe and I met him via Twitter.  And yes, this is the mommy who has told her girls never talk to strangers. 

I have been reading his posts for about a week, looking at articles he has  linked to, and seeing that other lawyers know him.  One of his tweets mentions the local restaurant Palace Kitchen and when I ask him about it he says he lives in Seattle.  So we decide to get together.  Boom like Lightning.

Kevin is a former plaintiff trial lawyer from Wisconsin who heads a lawyer blogging empire known as LexBlog.  He tells me his story for the next hour and a half.   http://kevin.lexblog.com/.     I can't tell you what he says cause that's his story to tell.  But I am enthralled with his vision and ethos.  Plus his company turns out to have designed some of the lawyer blogs I'm most impressed with (like Bill Marler's).

I am a hard sell.  He doesn't even try.  He  doesn't need to.   I keep interrupting him wanting more info.  I am an info hog.  Breakfast ends, we hustle out the door.  There's no ticket on my car.  I drive him to his office down the street because he's late to his next appointment.

And that folks, is how the internet puts strangers in touch with one another and creates new life opportunities... (trying to snap my fingers) just like that.

Blogging genetics

My daughters rarely read my blogs.  At least not voluntarily.  I say - you need to read my blog it's a good one.  And they moan - mommmmmm we don't need to read your blog.  We live your blog.  I can't really argue with that.

Go back three summers ago.  We are in Paris and do our own website so family and friends can follow along on our travels.  Each day I  blog, they sigh, and we upload the most recent pictures.  The night before we leave, Cristina is sick and waiting for us in the apartment (we're staying in a darling walk up in the 7th).  The other girls and I have been shopping.  We split up about two blocks before we reach home.  I go to get them jambon sandwiches, they go to get crepes one last time.  I leave the bakery, go up to the apartment and everyone is screaming and crying.  Alysha is lying on the bed.  Turns out she's been hit by a car.  She is shaken, bruised, but can move everything around.  I pack her in frozen vegetables (great doctoring I know - you are probably horrified - but we are in France for heaven's sake and I don't speak but a lick of parlez vous Francais, so we are hoping she can wait and see an American doctor). Noelle is being her little comforter.   Cristina is (sorry but no way to put this nicely - vomitting constantly and really ill).  Running back and forth between the two of them all night I can't imagine how we are going to get on a plane the next morning. 

This of course, presents a great blogging opportunity - not for me, but for Noelle who is 13 at the time.  Noelle writes just about the cutest, scariest, funniest, blog of the whole trip and ends with:  "I'm never blogging again in my whole entire life the end."  I'd re-post the piece if I could, but we did it on an Apple computer and after we didn't pay the fee for a year , the internet ate it up. (postscript: other than whopping bruises Alysha got a clean bill of health from her doctor thank goodness).

So you can imagine my surprise, when last night sometime around 1 am (we are a nocturnal family what I can say), I get an email from Noelle with a link to her new blog.  I about fall over.   http://noellegreig.blogspot.com/

How cool is that!

After this blog was posted, my second daughter Alysha returned from a three week seminar trekking adventure in Nepal through the U of W.  She brought along a journal and pen.  Her journal is enchanting, intelligent and lively.  She's typed it out along with her photos and created her own blog.  I think you will enjoy this as much as I did.  http://alyshagreig.blog.com/

This now means that only Cristina the eldest does not have a blog.  I'm going to have to go to work on her so we can be the MotherDaughterBloggingFamily!

Blabbing to the world

I hit the wrong key and think - did I just hit the wrong key?

Flashback about ten years ago.  We are just getting into the whole email thing.  Cautiously because we are lawyers and about five years behind everyone else.  There are about 500 of us trial lawyers on a listserve.  It is changing the way we know and can help each other.  Very cool indeed!

One day I post something and a friend emails me back with a question.  What is DART?  I tell her it is a group of male attorneys who have appointed themselves as the best plaintiff trial lawyers in the state.  I say a couple of other things that are hmmm not really derogatory but certainly a bit flippant and of course highly disrespectful.  I hit that send button and  the message goes to all 500 instead of the 1. 

You know that feeling.  That kind of slightly sick feeling where you start to sweat even though you are suddenly cold?  Yeah, well I get that feeling.  I then reassure myself with the thought that it's ok, they're old (rhymes with darts) and probably don't know how to use the listserve anyway.  Wrong.  One of them emails me back.  And then to make sure the others don't miss it either, he sends it by old fashioned postal service to each member of the group .

Now there was a bit of a brouhahahahaha afterwards, but that isn't the point of this story so I'm not going into all of it.  Some of it was funny, some of it was not.  But it all ended just fine and dandy and I'm still here typing so obviously it wasn't too catastrophic. 

Fast forward to the land of facebook, twitter and the Kardashians.  The lawyers' email listserve is still going strong.  A few of them have ventured into FB.   But for the most part, the lawyers are mainly interested in trying to keep the insurance companies out of their clients' social networking.    

The few that use twitter or blog (using a generality here - there are exceptions for example Paul Luvera's personal blog; Justin Walsh's appellate law blog) do so specifically to increase website traffic and get clients.  I've spent some time looking at the various law sites, and I have to say - it's kind of ucky.  There said it.  Okay, let's be real here.  If your tweet is to post each new car collision and a link to your website every few hours, does that have any chance of fostering a healthy respect for our profession.  If you hire someone to blog for you - how exactly is that different from having someone take your test for you in school and pass it off as your own.

Am I in trouble yet?  Probably.  But the very fact that I can have my own opinion and put it out there for whatever it's worth to whomever wants to give it the time of day - that's the great fun of blabbing to the world.