Legal Reserves

by James Rosenberg

  “How can you be sure?” Jack replied with a modicum of astonishment.

  “Listen Jack, both sides have too much at risk. Our client doesn’t want an excessive verdict and Sabato can’t spend so much time on this file and not get anything. I’ve talked to Pete Daniels so many times about settlement value and he believes if we can settle this for under twelve million dollars it would be a coup for his company. Well, counsel and I have discussed this case also. We probably could have settled this two years ago for three million dollars, but we wouldn’t have had the chance to work the file up and do proper discovery.” Wagner stopped and stared at Jack. Jack stood dumbfounded, realizing this was all prefabricated.

  “So, we put in a few more years taking depositions and sending ridiculous interrogatories.” Wagner locked eyes with Jack. “Our firm gets to bill some more hours. Counsel and I reached an understanding that he will receive his settlement and because he waited until now it will be a little better than what he would have gotten earlier. We will settle at a figure well below what our client thinks is reasonable, so they will be thrilled. Everyone ends up happy and we don’t worry about any messy trials.”

  “Are you sure it will happen?”

  “Absolutely, happens every time. You just have to learn how to dance.” Wagner gyrated his hips in a small circle. “Jack, you are a part of this because you’re an up and comer. The client likes you and you can become a player at the firm. You understand what I am saying?”

  Jack didn’t, but nodded his head anyway.

  They returned to the bench outside Judge Valley’s chambers. Wagner introduced Jack to the plaintiff and his attorney, Tony Sabato, who was short and balding, with a glint of perspiration on his forehead. Sabato appeared nervous and Jack wondered if he was worried the prefabricated settlement might dissolve.

  A few minutes later they entered Valley’s chambers for the pretrial conference. Elected eight years earlier, the judge sat comfortably behind her outsized desk and motioned for the lawyers to sit. The clients waited outside in the courtroom, unaware of exactly what was transpiring.

  Judge Valley spoke about her courtroom procedures as the court reporter took everything down for the official record. She pointed to a stack of pretrial motions on her desk, many of which Jack drafted and asked if now was an appropriate time to wade through the papers to simplify the issues for trial.

  Wagner interrupted. “Your Honor, before we argue these motions, I would like to report plaintiff’s counsel and I have engaged in some settlement discussions and I was wondering if, with the court’s assistance, it might be beneficial to at least explore the possibility of reaching a resolution.”

  Judge Valley’s face radiated approval. “Counsel, the court is always happy when parties are willing to enter settlement negotiations. How can I help the parties?”

  Taking his cue from Wagner, Sabato said, “Your Honor, Mr. Wagner and I have made significant progress on certain issues, but we still are somewhat apart. Both of our clients are present in the courtroom, so I think if we speak with them and then with each other, we might find room to bridge the gap.”

  “Let’s take a thirty-minute recess so you can discuss these matters with your clients. Please report back to me if you make any progress. “

  The attorneys left the Judge’s chambers and Wagner made a beeline to his client, motioning for the other lawyers to give him some space. Sabato also grabbed the plaintiff and led him to the hallway.

  For the next ten minutes, Wagner and Sabato went back and forth talking to each other and meeting with their respective clients. After making the rounds four times, Wagner and Sabato shook hands and approached the other lawyers. “We agreed to a deal,” Wagner said to Jack and Dave White. “Let’s inform the Court.”

  Wagner walked lightly towards the judge’s chambers. He turned his head slightly to get Jack’s attention and once again gyrated his hips.

  Inside, the two attorneys reported the parties settled the case for 4.2 million dollars. The judge was pleased and praised both sides for their willingness to compromise their claims.

  The court reporter transcribed the settlement for the record, while Jack calculated in his head everyone’s take from the lawsuit. Plaintiff’s counsel would put about 1.7 million dollars in his personal bank account, noting this was probably about 400,000 dollars more than he would’ve made if they agreed to the original three-million-dollar settlement. Jack added the bills for the injured man’s medical treatment with the estimated costs his law firm incurred to prepare the case for trial. Jack figured the plaintiff would receive a check for nearly two million dollars.

  Jack sat in silence at the back of the judge’s chambers as the primary lawyers listened to the judge’s war stories. Their client remained in the courtroom, and Jack presumed he was on the phone telling the home office what an amazing settlement they had negotiated. Even adding in the legal fees the company paid Jack’s firm, it would pay out significantly less than it allocated for this case.

  Wagner regaled the judge with a story about his last case. Jack sat in awe, knowing he was watching a concert master. Everyone was happy. They either would make more money than they thought, or pay out less than they planned. This was genius Wagner had orchestrated over years with the crescendo happening in the courtroom right before Jack’s eyes. No wonder Wagner always was at ease. His clients paid their firm millions of dollars for representation and Wagner never worried about the cases actually going to trial.

  Jack stared at Wagner leading the conversation with the judge and realized that was exactly where he wanted to be, and he would do whatever it took to get there.

  Chapter 13

  December 17, 2010−First Year of Law School

  “BOYS, IT’S FRIDAY, it’s ten o’clock, and we are done studying for the evening,” Jeri commanded as Mike banged his head slowly against his Civil Procedure textbook.

  “Good, I’m never going to get pendant jurisdiction and right now I don’t care,” Mike said starting to put his books in his backpack.

  “That’s right. We are done, so let’s go hit Loopers, and let’s hit it hard,” Jack added, already standing by the exit door.

  The three friends left the law school and were hit by frigid gusts of air blowing on the mid-December night. The street lights were illuminated, casting a haunting glow as they walked past the fast food joints and apparel stores that lined the sidewalk.

  “Damn, it’s cold,” Mike said, zipping up his jacket. “I need to get a heavier coat.”

  “You are such a wimp,” Jack said, running past Mike.

  Mike took off after Jack but couldn’t keep up with his taller friend. He slowed to wait for Jeri, watching Jack’s breath rise in billowy puffs as he chugged down the sidewalk.

  Jack slowed his gait once he got near to their destination. To his right, a voice came from the shadows of the unlit foyer of a cellphone store. “Hey buddy, can you spare something for a vet?”

  The unwashed man, huddled up against the storefront, wearing a tattered flannel shirt and army pants, caught Jack’s attention, causing him to stop in his tracks. A soiled woolen hat topped his head but didn’t hide the grey growth sporadically covering his face. He looked at Jack and said, “Anything you can give will help.”

  Jack caught a glimpse of the vet’s lifeless eyes and reached into his pocket to grab his wallet. Seizing the only bill bigger than a ten, he reached out and stuffed it into the man’s bare hands. “Here you go buddy, hope this helps.”

  Jack turned and ducked into Loopers and didn’t hear the vet mumble, “God bless.”

  An empty table sat near to the billiards room and Jack grabbed it. Thirty seconds later Jeri and Mike joined him and took off their jackets.

  “Dude, you are fast,” Mike said. “Couldn’t keep up with you.”

  “It’s cold out there. I wanted to get here quick,” Jack responded while strai
ghtening his hair.

  Jeri sat and gawked at Jack, who tried not to notice, but finally said, “What the hell are you staring at?”

  Jeri smiled. “I don’t know. That was so nice.”

  “What are you talking about?” Jack said defensively.

  Jeri lowered her head and stared up at Jack. “You know, what you did out there.”

  Jack said nothing.

  Jeri continued, “You saw the homeless guy. You stopped and gave him money.”

  “Shut up Jeri. Let’s drink.”

  “C’mon Jack. You do something selfless, you deserve some credit.”

  Jack appeared annoyed. “It’s just something I do sometimes. That’s it.”

  Mike leaned into the conversation. “Why? None of us have a lot of money.”

  “Fine. Let’s delve into my psyche. You guys are going to have a field day with this.”

  Jeri pulled her chair closer to Jack. “Go ahead Jack. We’re all ears.”

  Jack paused and then said, “When I was about nine there was a bad fire at our home. It burned down the house. My mom and I were able to get out, but the house was gone. My mom hadn’t been working and we didn’t have a lot of money and I guess the insurance on the house wasn’t enough, but we couldn’t get a new house. My parents had already split up and my dad was working in another city at some important job. He said he would send us money, but it took him a while to get it together for some reason. We were shuttled between some friends and some relatives, but they had troubles paying the bills. For a few weeks one winter we didn’t have a place to live so a couple of nights we spent sleeping in the park. It was scary, but I knew we would find somewhere to live. My mom ultimately got a decent job and we were able to rent a house.”

  Jeri stared at Jack in amazement. “Holy shit. I never knew any of this.”

  “I know. It’s just not something I want to talk about, but I see guys living on the street and I think that could be me. It’s got to be really tough on those guys.”

  “Tell us what is was like when you slept in the park,” coaxed Jeri.

  Jack lowered his head and looked down at the table. When he lifted his gaze, the huge smile was back on his face. “I’m done with the Dr. Phil show. We are here to drink some beer.”

  Jack turned and flagged down a waitress.

  Jeri looked at Mike and whispered, “There are some serious family issues in this group.”

  Chapter 14

  January 14, 2016−Two and a half Years after Graduation from Law School

  AT THE BACK of the courtroom Jeri corralled her witnesses for the three cases she was handling that afternoon. They included two rapes and one aggravated assault, which meant she would be in court for hours. She rubbed her scar as she glanced through the files. She had spent time with the witnesses earlier in the day and had organized the evidence for each case, so she was hopeful she would get convictions on all three.

  The courtroom was buzzing as Jeri stood by the door to the bullpen studying her files. She rehearsed in her mind the framework of her opening statements. She reviewed the list of police officers who would be testifying. Although she hadn’t been handling sex crimes for long, she’d already seen enough cops testify that she knew which could handle difficult cross-examination and which presented poorly on the witness stand.

  The first file, a rape case, involved allegations the 23-year-old defendant date-raped the accuser. Jeri had already determined that the evidence of a crime was relatively weak, because no witness stepped forward to corroborate the accuser’s story and the lab results turned up negative for any of the typical date rape drugs. The investigating officer, a gruff and overbearing cop, came across as lazy and willing to stretch the truth. Jeri focused on how best to present the case to limit the testimony of the cop. Unaware of the activity going on around her, Jeri startled when she felt a tap on her shoulder.

  “Hey Jeri, can we talk for a few minutes?” asked Ingrid Blakely, a petite public defender whom Jeri had tried a few cases against and respected for her ability to make the best of the evidence for her clients.

  “Sure Ingrid. What can I do for you?”

  “You’ve been working in violent crimes for about more than a year, haven’t you?”

  Jeri nodded.

  “I have a couple of cases against some of your co-workers. I’m not going to name names, but some of them are really cutting some corners.”

  “Why are you telling me this?”

  “I don’t know,” Ingrid continued. “Most of my clients are guilty and I should be happy if I’m able to get one off, but a couple of times in the past few months I’ve had cases where the assistant DA has missed some pretty compelling evidence. I’m not telling you guys how to try cases, but I don’t think it looks good for your office. You certainly aren’t one of the people I’m talking about. You don’t miss anything and you keep sending my clients to jail.”

  “I hear you Ingrid. We got a lot of younger people in the office, but they’re getting weeded out. My boss is getting rid of people who don’t know how to try a case. It’s not like it used to be where you pretty much had a job for life. Now you actually have to know what you are doing. Tell you what, I’ll talk to my boss and tell him I got a heads-up. I won’t mention your name.”

  “I think that’s a good idea. I’m just trying to make the justice system have a little more justice.”

  Jeri smiled and asked if they had the next case.

  “Yes, I have Wilson Davis, the accused date rapist in the next case. Can we get this resolved?”

  “I’m not sure. I saw you have four cases this afternoon. You PD’s are always looking to settle. Are you scared to try this one?”

  “Jeri, you know I’m not scared to try any of these cases. What’s the worst that happens, my client goes to jail? I’m kind of used to that. Let’s talk about what we can do on this one.”

  “Hey, we’re about to be called. I’m ready to open, but what do you want?”

  “My client says the sex was consensual. In fact, extremely consensual, is what he is going to say.”

  Jeri looked pulled the photographs from her file. “Did you see those pictures? Victim’s bruised on her neck, her back, and let’s not talk about what he did between her legs. Strap marks on her arms. Damn he tied her up and raped her. She says she was sleeping and doesn’t remember it. Says he put something in her drink and violated her.”

  “Jeri, you don’t have anything. Toxicology came back negative. No witness to anything. My guy said it may have been a little rough, but it was all consensual. Plus, the accuser, she has something of a track record if you know what I mean.”

  “Come on, you aren’t going to try this by bringing up her prior sex history?”

  “Of course I am, it’s right on page nine of the playbook for this kind of case. She apparently has a bit of a reputation. Quite a little tart.”

  Jeri considered this, then recognized opposing counsel had made a few strong points. The public defender interrupted her thoughts before Jeri could counter her arguments. “Listen, this kid is twenty-three years old. He comes from a decent family and never caused any trouble. Let’s get rid of this one.”

  Jeri felt a bit defeated, not wanting to lose a conviction, yet recognizing this might not be one of the scum she pledged to keep off the streets. All she had was the mediocre cop who was about to be a mediocre witness and she had nothing to corroborate the victim’s story. It was a recipe for failure.

  She put on her best weary expression. “What are you thinking?”

  “Misdemeanor aggravated assault. Probation for six months.”

  “Not enough−felony agg assault, one year in a state facility,” Jeri countered, understanding the drill. The public defender started too soft, she countered too hard. They knew they would meet in the middle.

  “No. No jail time. Oh hell, let’s
try this,” Ingrid said resignedly.

  “Enough bullshit. I will let it go at misdemeanor agg assault, but three months of house arrest, followed by one year of probation.”

  “You drive a hard bargain Jeri, but it’s a deal.”

  The public defender shook Jeri’s hand and walked over to tell his client, who smiled broadly. Jeri saw his reaction, and regretted the plea bargain, but immediately let it drop. She had too many cases to worry about them once they were over.

  As she watched the defendant, Jeri heard the tipstaff call out the defendant’s name. She approached the bench with the public defender and informed the judge they agreed on a plea bargain. In thirty seconds, they put the deal on the record and the court moved onto other matters. Jeri’s next file was the third on the list so she wanted to review it to prepare.

  She walked deliberately towards where she had left her materials, but felt a hand gently touch her shoulder. She jerked, always concerned about the scum who skulked in the courtroom waiting for their trials. She was surprised to see the white-tooth smile of Alan Corcoran.

  “Came to see my star litigator do her thing, but she goes and pleads the case. What’s happening here, you losing your nerve?”

  Jeri smiled brightly and reminded her boss it was rare she pled cases. “Alan, you understand there are times when you take the best deal possible. I hope you still think I know what I am doing.”

  “Absolutely, in fact I came down here to tell you something of some significance.”

  He put his hand on Jeri’s shoulder and guided her to the corridor leading to the bullpen, out of sight of the courtroom.

  “Go ahead, let me know what kind of trouble I’m in,” Jeri said, semi-seriously.

  “Not bad news at all. I’ve been talking to the powers that be in the party…you know, the ones who control everything that goes on in this building. There is an opening because Judge Weksel retired last year. Well, they wanted to know who they should put up to be on the ballot and with a little prodding from me, I suggested you. If you want, they will support your candidacy for judge. They want a woman, they want an anti-crime person and there is nobody better than you.”