The following article appeared
in the King County Bar Association publication:
Bar Bulletin Vol. 20, Issue 7, in March 2002.

Profile - Josef Diamond
By Justice Tom Chambers

When I reported to work that first day in the summer of 1969, I had a plan. The secret to get ahead, I thought, was to be the first one in the office in the morning and the last one to leave at night. My plan had a problem. The problem was Josef Diamond. He started to work about 8:00 in the morning and would leave the law office about 8:00 at night. One the way out he would say good night to me. He was on his way to work another shift at the parking lot office.

As a kid, I eagerly awaited the arrival of the Reader's Digest so I could read the monthly installment of "The Most Unforgettable Character I Ever Met." You may think of Josef Diamond as the son of a tailor who built a financial empire, but to me he is the most unforgettable character I have ever met.

Sure, he scared me at first. Why not? He was a big man with an imposing presence and booming voice. But, I quickly learned that he was not only one of the state's most dynamic, creative and resourceful lawyers, but he was also a thoughtful caring man. He never raised his voice and he never swore. He had created a powerful law firm in Lycette Diamond and Sylvester. Joe was a great trial lawyer, Lyle Iverson was an outstanding appellate lawyer, and if they both failed, Jack Sylvester, who at age 29 had been the youngest Speaker of the House in the State Legislature, would go to Olympia and change the law. Then there was Simon Wompold, who represented banks; Al Prince, who represented surety companies; and well I guess you get the drift.

Joe was the rainmaker. He represented 90 percent of the construction firms in the city as well as the Associated General Contractors, Seattle Construction Council, Seattle Master Builders and Home Builders. Every time he would come back from a meeting he would bring with him four of five new cases.

"A Lawsuit is Like a War"

I learned much about trial work in the two years that I worked for Joe. Once I had agreed to continue a motion, and since the other lawyer had requested the continuance, he had agreed to notify the court. "Never" bellowed Joe when he heard. "Never allow another lawyer to take control of your case - even scheduling a motion." "A lawsuit is like a war," he taught me. I heard many military metaphors: always gather "intelligence," take the "initiative," occupy from "high ground," and so forth. "Never rely on anyone else to do anything," he said, "every act requires follow up." He taught me a simple tickler system that required a follow up deadline for every letter and pleading. It is far superior to anything the software industry has ever developed.

Joe Diamond is a great and gifted lawyer. Shortly before I joined the firm he had obtained a jury verdict against the City of Seattle in the sum of $4.5 million dollars - a mind boggling sum in the sixties. The City had issued a building permit to build the Roanoke Reed Apartments 20 feet above Lake Union. After construction began, the City cancelled the permit. It was a landmark case shortly after the repeal of sovereign immunity.

Among his many notable cases, famous to some and infamous to others, is the DeFunis case. Joe took the case to the United States Supreme Court to establish that reverse discrimination was unconstitutional. DeFunis, a young married man, had graduated from the University of Washington Phi Beta Kappa with a 3.9 grade point average. He had applied to the University's law school the previous year and had been rejected despite his almost perfect grades. He was told to apply the next year, and when he was turned down the second year he sought Diamond's help. Pretrial discovery revealed that some of the students admitted instead of DeFunis had grade point averages of 2.5, and one file had an entry "don't believe she is qualified or will make it, but admit." In September 1971, Joe got a restraining order from Judge Howard Thompson to stop the university from mailing out acceptances to any law student until the DeFunis Problem was solved. Joe struck a deal with the university that it could admit the remaining students if DeFunis was permitted to attend class pending the outcome of the case. Judge Lloyd Shorett ruled in DeFunis' favor. The State Supreme Court reversed and Diamond appealed, taking the case to the United States Supreme Court where he and Attorney General Slade Gorton argued. The United States Supreme Court reversed the Washington State Supreme Court and Marco DeFunis obtained his JD.

As a fighter for individual rights, he also took on the Harbor Club. Once an all male club, Joe thought it was unfair to women and helped convince the Harbor Club to let women join.

I Was Not Surprised to Find Him Still Working

Leaving Lycette, Diamond and Sylvester was inevitable for me, but I left after only two years. Leaving so soon was a career mistake because I was learning so much and was treated so well. Joe and I have stayed in touch over the years, having lunch together occasionally. He is now 95-years young, but I was not surprised to find him still working at the parking lot office at the Diamond Building. He still has his impressive presence and booming voice, although now her prefers that I speak a little louder.

If a Jewish Person Was Caught Outside at Night,
He Might Never Be Seen Again

After we exchanged pleasantries I got down to Business. "I want you to tell me your life story." "It is not very interesting," he started humbly, "where do you want me to begin?" "Tell me about how your parents immigrated to America."

"The turn of the century was a time of intense persecution of Russian Jews" he begins as he turns to look out the window. It is clear that he holds great respect for his parents. He speaks of his mother with almost reverence. "In Russia the family name was Dimerets. Father was a tailor. They had three children. I wasn't born yet. They lived in a small village near Kiev. If a Jewish person was caught outside at night, he might never be seen again. Dad immigrated to America with plans to send money and then bring the rest of the family to America in three years. My father's letters and money were not being delivered, so my mother borrowed some money and alone with her three children she headed for America. When she got to Ellis Island, she learned that her husband had moved to Los Angeles. Nothing could stop her - she was a dynamic woman. She went to charities and got enough money for train fare to Los Angeles and a basket of food. They ate orange peels and all because they had never seen oranges before."

Then Joe turned back to me and smiled and said, "mom couldn't have been too mad at dad because I was born one year later. When I was two, in 1909, Seattle had the Alaska Yukon Expedition, my father moved the family to Seattle thinking there would be better opportunity here."

My Father Could Sign His Name, But That Was All

"Neither of my parents ever spent a day in school. My father could sign his name, but that was all. My mother saw the need for education in America." In 1924, Joe graduated with the first class from the brand new Garfield High School. "Mom said 'Josef you are going to be either a doctor or a lawyer.' 'Mom, you don't give me much choice, I hate the sight of blood."' So Joe Diamond headed for law school at the University of Washington.

"When I graduated from law school in 1931 there was a terrible depression. I was sure I would never get a job practicing law. The only lawyers in my class who got jobs were those related to someone and they were paid $25 per month. I organized a list of all of the lawyers in Seattle - about 800 - by buildings. I took the elevator to the top floor of every building and walked down the stairs calling on every law office in Seattle. I was turned down at every one.

The one I liked the most was Caldwell and Lycette on the 20th floor of the new Exchange Building. The offices were beautiful. Hugh Caldwell had been City Attorney and Mayor of Seattle. Both partners had excellent reputations as lawyers. I went back to Caldwell and Lycette. Hugh Caldwell was sitting at his desk. I reminded him that I had been in to see him a short while ago and that he told me he was not hiring. I told him I realized that I did not know how to practice law and wasn't interested in any pay. I wanted to continue my legal education and learn how to practice law. I told him I would be helpful running errands, researching, briefing, and I would be learning how to practice law. He said he didn't have an office for me and I said I would sit in the library. He said that if he let me sit in his library he might never get me to leave. I told him that I would learn a great deal in 30 days and I would then leave. He looked at me and finally said, 'If you want to hand you hat in the library for 30 days, help yourself.'

I was single at the time and worked from 8:00 a.m. to 10:00 p.m. I ran errands, did a lot of briefing and learned a great deal about the practice of law. Because of the depression many of the firm's legal bills were not paid; I sent nice letters to the clients and collected many of the past due bills. At the end of 30 days, I went to see Mr. Caldwell to say good-bye. He asked where I was going. I said I did not know, but I would find something. He then asked 'how much are we paying you?' I reminded him that I did not get any pay. He then said, 'You go back to work, you are getting $100 a month.'' Four years later I was made a partner and they changed the firm name to Caldwell, Lycette and Diamond. Later the firm became Lycette, Diamond and Sylvester and subsequently Diamond and Sylvester. I have practiced law for more than 70 years."

All Big Deals Cross His Desk

The Seattle Post Intelligencer once said, "Any large real estate deal in downtown Seattle probably ends up on Joe's desk." Joe Diamond has had a remarkable impact on the face and soul of Seattle. We have all heard of Diamond Parking.

Interestingly, the United States Army may have given Diamond a great start in real estate. In 1941, as World War II spread, Joe was called to active duty in the Judge Advocates Corp at Camp Murray. He quickly rose through the ranks to become Colonel Diamond working in Washington D.C. in the Judge Advocate General's department. Much of his work involved acquiring property for airports, including ones in Moses Lake and Tacoma. He swapped property for contract cancellations with the Ford Motor Company, and in another instance paid a contractor two million dollars over his bid to get an airfield completed during the war. He became a troubleshooter and problem solver for the Army and was given the Legion Merit Medal for his contributions.

When he came back from the war, he took over the parking business his brother had started. There were four lots, but under Joe's guidance the business had grown to over 1,000 lots and garages in nine states. I did not know the size of the Diamond empire. I have never asked and Joe has never volunteered. The bits and pieces I do know are enough for me. When I worked for him, in 1970, he owned the Budget Rental Car franchises for Washington and Oregon. He owned franchises for Fisk Batteries and Sieberling Tires. He co-owned Gov-mart - an early version of Costco. He helped found and was a director of Northwest Bank, which merged with Old National Bank, and then Peoples Bank, which was acquired by U.S. Bank. Thirty years later his business empire, which includes hotels, literally spans the world.

You Made Infinitely More Money in Business, So Why Have You Practiced Law for More than 70 Years?

Paul Cressman, Sr., made an interesting point. "Joe Diamond is a great and remarkable lawyer for many reasons. What always struck me was that he could have and undoubtedly did make infinitely more money in business, but he chose to be a full-time lawyer. I finally decided that the law and Joe were a perfect fit. His avocation was his vocation.

Craig Sternburg, a contemporary of mine, had another insight. "Joe only had one word on his business card and that was 'lawyer,' not 'counselor,' or 'attorney at law,' just lawyer. Joe thinks that it is a great honor to be a lawyer. He took cases without regard to pay. The DeFunis case was pro bono and many of his cases were pro bono. He used to say to me, 'don't worry about the money, just take care of your clients. If you take care of your clients, first respect will come and then the money will come.' I don't know any lawyer who enjoys more respect from his clients than Joe Diamond."

I finished my interview with Joe Diamond with this question, "Joe, you made infinitely more money in business, so why have you practiced law for more than 70 years?" Joe smiled, I could tell that I had asked him an easy question. "People come to you with their problems. I like to help people and I like to solve problems. When you help people solve their problems it is very rewarding. That reward is more important to me than money." Then his smile grew broader and his eyes twinkled, "Besides, I learned a lot from the mistakes that my clients made and I didn't make the same mistakes."

When the Rest of Us Are Running From Difficulty - He Is Looking For Opportunity

I have learned much from Joe Diamond, more than just a 12-hour workday, and to me he will always be unforgettable. He is a brilliant lawyer and an astute business person - an uncommon combination. He applies his unique common sense to the practice of law and settles costly cases quickly. He always keeps his eye on the big picture and is never distracted. When the rest of us are running from difficulty, he is looking for opportunity. One of six children, raised on the earnings of a tailor, Joe Diamond sought, seized and has lived the American Dream.

Editor's Note: Washington Supreme Court Justice Tom Chambers was elected in 2000 after a distinguished 30-year legal career. Justice Chambers served as president of the Washington State Bar Association, the Washington State Trial Lawyers Association, the Washington Chapter of American Board of Trial Advocates, and the Damages Attorney Round Table. He served on the Board of Governors for the American Trial Lawyers Association. He also once employed Bar Bulletin editor Bob Anderton, hence his willingness to write this profile notwithstanding other responsibilities.