Page 24 - Pierce County Lawyer - March April 2025

MENTEES & MENTORS
By Judge Diana Kiesel
Do you remember your first day in court?
I do, and I would never have survived
that day without a mentor.
One attorney in the office where I worked asked me
to open a simple probate. I actually prepared that
document and interviewed the client, so I was
confident admitting a will to probate would be a simple task.
I was wearing my emerald green power suit with shoulder
pads1 and fitted waist, adorned with a big Kenneth Lane
brooch, with matching emerald green high heels. I placed
the manila 15.25" x 9.5" legal size folder that covered the 14”
x 8.5” legal documents in my black TUMI briefcase with the
original will and an onionskin copy (yes, once upon a time
we did not have copy machines). I was ready to go to the
courthouse. I had never been to an ex parte proceeding, so I
did not know exactly where to go. I walked through the first-
floor entrance and figured out the commissioner handling ex
parte requests was in a tiny room that is now Commissioner
Services Department. I opened the door and I panicked. I
took one look at Commissioner John B. Krilich, who sat alone
reading. I thought I walked into a scene from “A Christmas
Carol” and Ebenezer Scrooge was presiding. He seemed so
stern, serious and imposing. I ejected myself to the hall before
Commissioner Krilich even looked up. I went into the hall,
my heart was pounding. Then my first mentor appeared–
Phil Tracy. Phil Tracy was a very well-respected probate
attorney. He also was my professor during paralegal college
when I took a probate class at Fort Steilacoom Community
College (now Pierce College) I ran to Phil in panic and told
him I was paralyzed with fear and could not even approach the
Commissioner. He smiled warmly and he escorted me to the
Clerk’s office. I paid the filing fee and then I followed him to
see the Commissioner. Phil was there to open a probate also,
so he said just follow my lead, and you will be fine. I wrote
down every word Phil said and repeated the words once the
clerk told me I could approach Commissioner Krilich. I said
every word Phil said, just changing the name of the deceased,
but then Commissioner Krilich looked at me seriously, peering
over his glasses, said: “And who are you?” What I had not
understood was that Phil and Commissioner Krilich knew
each other well, so Phil did not state his name. I meekly said: “I
am Diana Kiesel” and I never forgot to identify myself for the
record again. Phil Tracy passed away in 2012.2 He was one of
the first of many mentors in my legal career. Thank you, Phil.
An early judicial mentor was Judge Waldo Stone, who
passed away at age 933. I tried my first jury trial in front
1. 1980s Women's fitted suit with shoulder pads Vogue pattern - Search Images
2. PHILLIP TRACY Obituary (2012) - Tacoma, WA - News Tribune (Tacoma)
3. Retired Pierce County Superior Court Judge Waldo Stone remembered for fairness
and humor, dies at age 93 | Tacoma News Tribune
2 4 P I E R C E C O U N T Y L A W Y E R | M a r c h /A p r i l 2 0 2 5
of him. Commissioner Paul Boyle appointed me to a Civil
Commitment contract as defense counsel at Western State
Hospital, and one of my more interesting clients requested a
jury trial. My client was very flamboyant, with a wide range
of moods and outrageous behaviors. She refused to take her
psychotropic medications. Opposing counsel was a law school
classmate, and it was also her first jury trial. Judge Stone
was so patient with us as we stumbled through evidentiary
objections, and we tried to address the legal issues. He would
at breaks encourage us. At the end of the trial we asked if
he would critique our trial skills (or lack thereof.) He spent
a long time talking about jury trials and he thanked us for
our professionalism during the trial. I decided we needed to
celebrate because we did not get yelled at during our first trial.
We retired to a bar and laughed hysterically over several drinks
about that trial. A highlight was when Judge Stone tried to
swear in my client to take the stand (against my advice) and
my client announced, “I am Jehovah” and she refused to take
the oath. I lost that trial, and my client was civilly committed
for 180 days. I learned a lot from Judge Stone. Thank you,
Judge Stone.
A great mentor for me throughout my career was Gerald
(Gerry) Neil of Neil & Neil PS. His guardianship practice
required frequent work with a guardian ad litem. Often, I was
appointed as guardian ad litem on the Title 11, Title 26, and
Title 4 litigations. I never stopped being amazed at Gerry’s
legal skills, professionalism, honesty and compassion for those
he served as guardian. I can remember the first time I went
with him to a commissioner for an ex parte emergency order
on a pending guardianship case. He outlined the requested
relief in the proposed order. He then told the commissioner
why he might NOT want to sign the order, followed by facts
that supported signing the order. He never failed to outline the
facts that supported his position and facts that did not support
his case. His candor to the tribunal remained remarkable
throughout his career. He taught me to analyze a case neutrally,
and always tell the court all facts, even if it meant you might
not prevail. Thank you, Gerry.