The author—an experienced teacher, social scientist, litigator, and mediator at Pacific ADR—discusses one of the essential skills for attorneys at any stage in their practice:  litigation valuation. 

On the last day of May 2023, I had the great pleasure of sitting through an entire merits oral argument calendar in Division One. Why was the experience so gratifying? In part because, as Judge Mann announced in calling the calendar (at 9:30 a.m. sharp!), it was the first time in over three years the Court had heard multiple cases on an oral argument calendar. Judge Mann noted that the last time he had presided over a calendar, in Spring 2020, it was to announce that “for the duration,” arguments would be conducted in a manner that, at that time, had yet to be determined. Of course, “the duration” lasted far longer than we ever imagined, but Division One’s ingenuity in keeping the courts open was up to the challenge.

Mock trials have surged in recent years as attorneys struggle to comprehend rapidly changing jury pools around the country. Political polarization, the pandemic, inflation, and the emergence of the millennial juror are just a few of the things leading to the rising uncertainties that drive jury research. The reasons for conducting mock trials vary from client to client. Some do it to see if they will “win or lose.” Others want to gauge damage exposure ahead of mediation. Still others use them to manage client expectations or help insurers see the painful reality of the case. Regardless of the reason, mock trials provide an incredible strategy development tool that can fundamentally change how the case is tried.

Recent recipient of KCBA’s Outstanding New Lawyer Award draws attention to Medicaid supplementation—an issue of which every practitioner ought to be aware.

Office space postings.

I recently gave a lecture to a large number of young lawyers talking about the ABCs of mediation; my three-legged stool: know your case, prepare your client, and be patient. I was very happy with how the lecture went. A few days later when I received the results of the survey completed by the attendees, I was even more pleased to see a high level of satisfaction with my presentation. But there was one comment that really caught my eye. A young lawyer was critical that I had not explained the basics of how to prepare for and participate in a mediation. This caused me to pause and wonder whether my so called “ABCs” were really not the XYZs, or at least somewhere in the middle of the alphabet. I asked myself whether there was something more fundamental I could offer to that lawyer and others, who like all young litigators, are faced with their first mediation. After some thought, I discovered there is much to say. There is in fact more to say than can be covered by one article. So, I will break this into at least two parts.

In Glacier v. Teamsters, Justice Barrett authored the majority opinion holding the National Labor Relations Act does not preempt an employer’s state tort law claims.  A voice from the past relates the case’s local ties, procedural history, and the Supremes’ holding.  

Answering a few simple questions online generates necessary small claims case form

To enhance access to justice, King County District Court introduces an easier way for people to file a Small Claims case. Now, people seeking to recover money owed to them can answer a few simple questions online and have the necessary Notice of Small Claim form automatically generated and filed with the Court.

A recent article published in the web-based insolvency newsletter DailyDAC (Distressed Asset Central) touches on an issue about which I believe there is considerable confusion: how receiverships are formed and managed.1

The King County Bar Association Kinship Care Solutions Project (KCSP) recognizes Patricia H. Char (Pat) for her pro bono work in representing a caregiver of a minor, reaching an agreement with input from the child, who was over the age of 12.