Facing fear is an important part of professional development. The fear of making mistakes is one such fear, and while overthinking and hesitation are byproducts of this fear, these aspects slow productivity and limit growth. This is a reminder that viewing mistakes as a natural part of learning and improvement, and errors as opportunities for feedback rather than failure, allows for more confidence in decision-making.

Community volunteers are critical to our ability to serve clients through KCBA’s pro bono programs. This dedicated group includes students, legal professionals, and other community members who do not otherwise work in the legal profession and who want to give back, gain new skills and experiences, and support access to justice efforts.
 

Nicholas Bartels reviews proposed amendments to Washington court rules that would modernize and simplify citation practices, including potentially ending mandatory parallel citations and requiring precise record citations in appellate filings. He says the changes would improve readability and reduce unneeded work, and suggests practitioners weigh in before the public comment period ends.

Eric Gillett demystifies why mediation often succeeds where traditional litigation stalls, showing that its power is in a fundamentally distinct, human-centered approach to resolving disputes. Drawing on his vast experience, he explains how confidentiality, flexibility, and interest-based problem-solving allow parties to move past entrenched positions and create solutions that courts cannot provide.

Kevin R. Boully and Thomas M. O’Toole explain that effective witness testimony is less about reciting facts and more about communicating in ways jurors can understand, remember, and trust. Drawing on principles of jury economics, they explain how witness preparation should account for jurors’ multifaceted decision-making to make testimony credible, compelling, and useful.

Judge Averil Rothrock reflects on how to honor Dr. Martin Luther King's legacy through intentional action and describes how the Superior Court tackles systemic racism and embeds diversity, equity, and inclusion into its operations. She outlines what the court has done — including adopting trauma-informed practices and hiring a DEI program manager — to make sustained institutional change.

Retired federal prosecutor and uber volunteer William Braun explains how the Court of Appeals strengthened enforcement of firearm surrender in DVPO cases, ruling that trial courts abuse their discretion when they refuse to impose sanctions or end proceedings without accounting for missing weapons. The decision underscores the courts’ duty to protect survivors and reduce the heightened risk of violence when abusers retain guns.

Natalie Kim lays out how legal teams can reduce chaos and increase impact by adopting a product management mindset focused on clarity, prioritization, and continuous improvement. Kim outlines how user-centered design, ruthless prioritization, and tight feedback loops help lawyers work more strategically rather than reactively. 

Kathleen Jensen, our wonderful Executive Director, wrote her column for this month trumpeting KCBA’s good work in 2025. Please don’t miss her piece, where you can read about all of the incredible achievements your membership has supported.

For this 2025 review, I’d like to focus specifically on KCBA’s appellate efforts. Although KCBA lawyers’ arguments did not always prevail, that is not the point. Theirs is the fight to develop the law in a positive direction and lend a voice to important issues. Their work is crucial.
 

The annual KCBA Bench Bar Conference was held on Nov. 11 at the Seattle Convention Center. This year’s planning committee consisted of Judge Ketu Shah, Katie Comstock, Lindsay Caulkins, Jacob Roes, and KCBA President Sidney Tribe. The committee aimed to bring attention to recent and ongoing attacks on the rule of law by focusing several of the judges’ panels and other sessions on the topic.