Colleen Edwards acts as own attorney in civil suit

Kelly Kearsley; The News Tribune

Colleen Edwards' finest moment in court came by way of insult.

With her seizure dog Tony sleeping under the plaintiff's table, Edwards, acting as her own attorney, struggled to get her witness to give the crucial answer. She wanted Dr. Richard Waltman to tell the jury that her traumatic brain injury and seizures would prevent her from ever driving again.

But the doctor was being too nice.

"He started to say there was a chance I would be able to drive if I completed some therapy," Edwards said. "And that is not what I needed to hear."

The 44-year-old dog trainer from Olalla was representing herself in a personal injury lawsuit in Pierce County Superior Court, and discovering the frustrating intricacies of the legal world. She had fumbled her questions, the judge had thrown out two of her witnesses, and she had to retrieve Tony from a random jaunt around the courtroom.

Sheer exasperation forced Edwards to get to the point.

"But would you get in a car with me?" she asked Waltman.

The doctor's look of horror and emphatic "No!" said it all, and convinced the jury to award Edwards $100,000.

"I don't think the average person could have done what Colleen did," said John Christianson, an attorney helping Edwards file the final paperwork for her case.

Spending three months working as her own attorney was not Edwards' original plan, but a last resort.

"I guess I felt like I had no choice," she said.

Her decision to represent herself is a rare occurrence in the legal world. According to the Office of Administration for Washington courts, individuals represent themselves in only 2 percent to 3 percent of personal injury or property damage cases.

In November 1995, Edwards' car was rear-ended on Highway 16, an accident she said caused her to have seizures, sleeping problems and what her doctors eventually diagnosed as a traumatic brain injury.

The other driver's insurance company, Allstate, offered to pay damages, but that was not enough for her car repairs, brain and back injuries and the loss of independence that followed, Edwards said.

So she filed a personal injury claim in 1996 against the person who hit her, seeking almost $2 million.

But the case got off to a rough start.

The court scheduled trial for April 1997, but Edwards' first attorney pulled out. He didn't think he could get as much money as she wanted, Edwards said.

Then her second set of lawyers, Charles Paglialunga and James Harris, withdrew from the case, citing a communication rift.

Harris wouldn't comment on the case but did say Edwards is a woman with a lot of gumption.

"She was determined and very resourceful," he said.

Three years after the initial suit was filed, Edwards had no attorney, no money and time was running out.

"What would you do?" she asked with half of a smile. "I walked into Tacoma's law library and was like, 'Help me!'"

Making a lot of lists

Using her previous lawyers' paperwork as examples - and the expertise of the County-City Building's law library aides - Edwards began to build her case.

"I kept trying to break things down into small tasks," she said. "And I made a lot of lists."

With Tony's leash in one hand and a massive file of paperwork in the other, Edwards would ride the bus in from Olalla to the law library several days a week.

She took a month off from running her business and recruited doctors, other dog trainers, people with traumatic brain injuries and even her ex-husband to be witnesses.

Edwards needed people who would give the jury a good idea of what her disabilities were, and what they were like to live with, she said.

Edwards has a seizure disorder, which was aggravated by the accident. Before the crash, Edwards said she had few seizures. Now, she has a seizure as frequently as once a day, often for several days in a row.

She keeps her specially trained dog with her at all times to alert her to oncoming seizures. Some of the seizures are strong enough to knock her unconscious and send her to the emergency room.

But showing a jury that the car accident caused the seizures to become severe would not be easy, Christianson said. "She had the burden of proof."

Dirt and dog slobber

Finally, more than five years after the accident, Edwards' case went to trial in March.

Those who watched Edwards in court had mixed reactions to her solo legal work.

"She was effective with most of the jurors because of her tenacity and courage," said juror Ken Gipson of Tacoma. "I mean, she had a lot of problems, and the jury wanted to sympathize with her, maybe a little too much."

Louis Okey, another juror from Tacoma, said he thought she could have done better with a lawyer.

"The case took longer, and she dragged it out forever because she didn't know what was going on," he said. "I think she needed more experience. However, we didn't judge her on that."

Juror Daniel Bambini found Edwards to be a pleasant surprise.

"In the beginning, I thought it was unfair that she didn't have a lawyer," the Tacoma man said. "But she was a very capable lady."

Bambini did say that Edwards' lapses in concentration, caused by her brain injury, were sometimes distracting.

"We'd be sitting there on the jury wondering when she was going to start questioning," he said with a chuckle. "Then after awhile, she would come up with the right questions. It was amazing."

Edwards acknowledged that her lack of legal knowledge occasionally hampered the process.

"I had a hard time phrasing questions right," she said. "I would ask a question, the defense would object, and I'd have to ask to the judge how to say it the right way."

Up against an attorney from Tacoma's prestigious Gordon Thomas Honeywell firm, Edwards knew the only way to get through her case was to be herself.

"I never wanted to give anyone, especially the jury, the impression I was an attorney," she said.

And if a glance through her legal file is any indicator, Edwards didn't have to worry. Dirt smudges, sloppily hand-written notes and crossed-out lines of type contrasted to the crisp, white pages of stationery filed by the defense.

"I am sure there is even some dog slobber on those papers," Edwards said, stroking a sleeping and slightly smelly Tony.

"The first day of the trial I was so nervous," Edwards said. "It was horrible."

"I completely ignored the jury," she said with a laugh. "Paying attention to the other attorney, the judge and all the objections was plenty."

'The system ... works'

Looking back, Edwards said she doesn't regret her lack of experience or the confusion it caused in the courtroom.

"I made mistakes. But what are they going to do, disbar me?"

Like Bambini, other jurors expressed the concern that not having a lawyer could have provided her an advantage - or a disadvantage.

But as an attorney, Christianson disagreed.

"Most judges, including Judge (Frederick) Flemming, would not play favorites," he said. "They are not going to give a pro se, or Johnnie Cochran, the advantage, and Colleen wasn't given any extra slack."

After seven days in court, Edwards' hard work paid off.

"She convinced 10 out of 12 jurors to award her $100,000," Christianson said. "I'd say that's one heck of a good job.

"Colleen's case shows that the system of justice in this state works like it is supposed to."

Although the judgment hasn't been filed yet, and the defense is likely to appeal, Edwards said she is still pleased with her performance.

"I don't think everybody could do it," she said.

One of Edwards' witnesses, Dr. Peter Atkins, also was surprised by the verdict.

"I have seen a lot of other people attempt to represent themselves in court, and they usually get fried," said Atkins, who has served as a witness in several trials.

"In this case, the information for Colleen's case was overwhelming," Atkins said. "Colleen was effective, and when it comes down it, the jury couldn't ignore the law."

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* Reach staff writer Kelly Kearsley at 253-274-7338 or kelly.kearsley@mail.tribnet.com.

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SIDEBAR: Learn more about the law

Attorney Patrick Palace is host for the People's Law School, an annual class as well as a cable television show, to educate ordinary people on how to handle their legal battles.

"We'd like to think that justice is available to everyone," Palace said. "But in this increasing complex judicial system, justice is slipping further and further out of the hands of individuals."

Palace offers the following tips for those who choose to represent themselves:

* Have a starting point. Do your research and know where you stand as far as the law is concerned. "Some areas are just too daunting, but others people can do themselves," Palace said.

* Call an attorney, at least for some advice.

* Be aware of what you don't know.

Watch the "People's Law School" in Pierce County on Channels 76 and 29. The show runs at 7:30 p.m. Fridays, 7 p.m. Mondays and Wednesdays, and 10:30 p.m. Thursdays.

The People's Law School class is available at Pierce College each April and May. The class runs three hours a night for six weeks and costs $25. Scholarships are available.

For more information on the People's Law School, call the Washington State Trial Lawyers Association at 206-464-1011, check www.consumerrights.net or send an e-mail to peopleslawschool@ wstla.org.

© The News Tribune

08/02/2001