Happy 2023! You may have noticed I haven’t been blogging recently. (Or maybe you hadn’t.) Why, you ask? What have I been up to? I spent the last four months of 2022 in back to back trials that could not have had more opposite outcomes. We (mostly) lost the last trial and let me tell you, losing is brutal. The clients are understandably devastated. I’m devastated. The emotional turmoil has been intense. Could we/I have done anything better or differently?
This is one of those things that we don’t really talk about as lawyers—how hard it is to get over a loss. It’s one of those truisms that you learn more from your losses than your wins, and god I hope that’s the case because something good needs to come from this.
But I digress.
My goal is to get back to regular blogging, starting today with a post about the Washington Supreme Court’s latest decision on a civil tort concept called the public duty doctrine, which is the analysis used to determine whether a public entity has a duty to a plaintiff in a particular case. Pretty inside baseball but it also touches on some super important concepts like the state’s waiver of sovereign immunity and whether public entities should be held to account for torts they commit that injure someone.
And yesterday I blogged over at Token Majority about jury nullification prompted by a recent Radiolab podcast I listened to over the holidays.
So no promises, but hopefully you’ll be hearing more from me in the coming weeks.