April 2009

Legal Spring Training

by Jeff Tolman

Spring training is one of my favorite times of year. Watching the ballplayers work into shape, playing in the spring sun before the games have importance. Just having fun, preparing for the long stressful season ahead. A nice new beginning for the national pastime after a winter sabbatical. Starting once again with a fresh attitude and renewed optimism. During spring training, every team is in the pennant race, every fan full of hope.

The problem with legal work is that there are no such breaks. We just go to the office day after day, doing our best, fighting exhaustion and middle age, and an attitude of been there, heard that.

There should be spring training in the law. I can see it now — Legal Spring Training.

The usual media are there, ready to write about the upcoming legal season for the interested population. The fans are present en masse, watching the training of the men and women who will affect their legal rights for the next year. Small children are hoping they might get an autograph of Paul Luvera or Justice Chambers.

Rumors abound. Will Anne Bremner hold out for more money? How many of the young lawyers will change teams before the season begins, or ends? Can Starbucks hold Paula Boggs from the inevitable suitors? What imaginative defenses has Steve Fitzer created over the winter? Will Judge Bob Bryan make a surprise appearance to fire up the troops?

The first event of spring training is always the news conference by Chief Justice Alexander, the “Skipper.” The crowd of reporters quiets as he speaks.

“Ladies and gentlemen, thank you for coming back to Spokane again for our annual spring training. We are looking forward to a good season this year. We are deep at many positions, deeper than in years past. Along with veterans, we have some outstanding young kids joining the organization.”

Skipper, what do you feel are the strengths of Washington lawyers and judges this season?

“We have some excellent veterans returning. Brian Moran in the Attorney General’s Office had a wonderful season last year. Battling weekly with strong defense lawyers really honed his skills. No doubt he has superstar potential. And the public defenders. Our state is very lucky. They are excellent advocates. We had a tough, rocky, murder-trial-driven year last season. We’re hoping for a little less pressure on those folks this time around.

“On the civil side, we have some great veterans in our state back again. Jenny Durkan and Paul Stritmatter, we assume, will have their usual excellent seasons. In domestics, no doubt there will be blood ‘in the paint’ as DeBuys and Pritchard and Moschetto fight it out as usual. Steve Fury and Ralph Brindley had a fine season in injury cases, and we expect Gus Cifelli to continue his vigorous and expert insurance defense.

“We have lots of good lawyers this season. The citizens of our state can expert to be well represented in ’09.”

How about the judges, the managers in this system? What do you see there?

“We have a veteran group of judges at every level. In the District Court, we have decades of experience. Judges Jim Riehl, Janis Whitener-Moberg, and Dave Edwards are fine teachers for the up-and-coming judges, particularly now that they are getting more civil cases. Commissioner Rockwood in Spokane is also impressive. Jerry Roach is solid in Franklin County. Pierce County is in good shape with Maggie Ross’s and Jack Nevin’s extensive experience.

“On the Superior Court level, we are optimistic that we will do more than our share of justice this season. Judge Jay Roof has accomplished extraordinary results in Kitsap County Drug Court. Chuck Snyder keeps Whatcom County running smoothly. Laura Inveen and Lisa Worswick had strong 2008 seasons. Commissioner Thurman “The Thurminator” Lowans will continue to keep the Kitsap domestic show cause calendar running smoothly.”
 
How are the injuries shaping up, Skipper?

“After a couple of injury-prone seasons, Richard Fitterer’s hip is much better and we expect him to be an impact player both on and off the bench.”

What about retirements?

“Paula Crane retired from her impressive domestic relations practice. We all wish her well.”

Any new kids you’re impressed with this year, Skipper?

“This Berwind kid in Bremerton has lots of potential. Does a mean deposition, really has a way about him at ex parte. No mistakes that I’ve seen so far.”

What is your program today?

“We’ll break into groups this morning and begin working on individual skills. As you can see, on field one are the Superior Court judges. You can hear them chanting: ‘SUSTAINED!,’ ‘OVERRULED!,’ and ‘GIVE ME THE CITE FOR THAT, COUNSEL!’

“On field two we have the District and Municipal Court judges. There’s Judge Ray Lutes instructing his crew on how to say: ‘You are lucky there is no room in the jail or you’d be there’ 40 different ways. The judge with his hand up is James Docter. With his extensive experience as a public defender, James isn’t coming to camp as a rookie. We expect him to contribute immediately.

“There on field three is a criminal instruction class. We have an exceptional group of instructors this season. Prosecutor Hauge on ‘The Fourth Amendment —  adding charges if the defendant doesn’t plead by the Omnibus.’ After Russ concludes, Julie Dalzell will be addressing ‘Philosophy in the legal system: Does it really make sense that the limited jurisdiction court judges have more discretion than the Superior Court?’ The day will conclude with a discussion about appeals by Catherine Smith and Charlie Wiggins.

“On field four is the ex parte group. These young men and women will learn the pitfalls and joys of that calendar. How to get agreed orders entered almost every time. What to put on the record, and not. How to take defeat when you are unopposed.”

Skipper, what are those lawyers doing over there?

“Those are the tort lawyers. The relaxed ones with the smiles are the defense lawyers. The haggard group is the plaintiffs’ lawyers. That is one of the biggest changes in spring training over the past few years. The plaintiffs’ lawyers used to come in with new clothes and money in their pockets. No more. Instead, they’ll listen intently to the classes on ‘Why the jury will distrust your client because a lady in the Southwest spilled a cup of coffee in her lap and got rich’ and ‘Show me a broken bone or I’ll show you no money.’ It’s a rebuilding year for the tort plaintiffs. If there is a group we expect to struggle this season, it’s them.

“On this field we’re having a split squad game. As you can see, the prosecutors are warming up by saying ‘Officer, what happened next?’ The defense attorneys are yelling ‘Object, hearsay.’ George Bianchi is leading the young defense lawyers on creative ways to continue cases until a pre-trial diversion agreement makes sense. We expect a rough-and-tumble season between these groups this season, as always.

“Finally, we have the court administrators on field five. Bainbridge Island Municipal Court’s Telma Hauth is learning to juggle. She’ll need this as she wrestles with the city council and judge. Valda Johnson, the Kitsap Court scheduler, is the person tied down, being pecked by all of those ducks. Valda needs to get used to this before she starts putting lawyers who are paying experts a jillion dollars an hour on standby.

“Folks, I have to go now. I’m in charge of the scrimmage on field seven between the young lawyers who want to be a judge. There are lots of them, as you can see. Thanks for your interest in the year ahead in the Washington legal scene. We are eager to get the season started. After our winter break, it’s time to do justice again.”

And we would all start anew. Refreshed. Optimistic. With the same enthusiasm as we began this journey right out of law school. Spring training for lawyers and judges. We would all gain by it.

Jeff Tolman is a partner with Tolman, Kirk & Franz in Poulsbo. He can be reached at 360-779-5561 or jefft851@aol.com.