Legal Reserves

by James Rosenberg

  “Go ahead Uncle Stan, say what you were going to say,” said Mike, almost reflexively.

  Stan took a sip of his coffee and cleared his throat. “I went to the doctor’s last Friday. He called me yesterday with some test results.”

  Mike sat up, the press of the vinyl sticking to his shoulders. “What did the doctor say?”

  “Unfortunately, he said I had renal cancer. Early stages, decent chance they can take care of it, but...,” his voice trailed off.

  “Oh Uncle Stan, I am so sorry.” Mike’s eyes welled up. His heart pounded, creating a swelling pain inside of his body. Mike wanted to say more, but nothing would come out.

  He wanted to tell his uncle how much he appreciated him for coming to his assistance after his parents’ divorce and for teaching him how to be a lawyer. To tell him everything would be okay and he would do anything to help. He needed to say so much, but his throat tightened and his eyes lowered to focus on the oatmeal. He reached over and touched his uncle’s hand. They finished their meal in silence.

  Chapter 21

  May 15, 2017—Four Years after Graduation from Law School

  THE AUDITORIUM IN the courthouse was the jewel of the antiquated building. The gleaming rows of wooden benches and the overhanging balcony lent a unique setting for highly publicized trials or other public events. Alan Corcoran stood proudly at the podium. Jeri sat in a high-backed red velvet chair next to the president judge and the city’s mayor. The four hundred people in the audience included many of the finest lawyers in the county, as well as Jeri’s family and friends. A sprinkling of dignitaries added luster to the event.

  “Jeri Richards was among the best and brightest at her law school and has been the most successful prosecutor ever since she started at the District Attorney’s Office three years ago. Like everyone who starts as an assistant DA, Jeri cut her teeth prosecuting small crimes. But that didn’t last long−her talents kept propelling her higher.

  “After a series of promotions, moving up through the divisions, she began to prosecute sex offenses. I offered Jeri the opportunity to work in any division, but she wanted to deal with society’s filth and to handle rape and pornography cases. To say she pursued these criminals with a vengeance would be an understatement. In her two years dealing with rapists and molesters she not only handled more files than any other assistant DA, but nobody else could challenge her results.

  “You hear about some prosecutors who settle the hard cases to keep their conviction rate up. Not Jeri, she doesn’t think like that. She only settled when circumstances forced her to, and even though she tried more cases than any other lawyer in the DA’s office, she maintained the highest conviction rate of any prosecutor.”

  Corcoran paused as he gazed out at a captivated audience. He had taken a risk by suggesting to the county’s democratic leadership that Jeri run for the recently vacated seat held previously by Judge Wecksel, who unceremoniously retired after pictures of him pleasuring his secretary on the desk in his chambers became public. Corcoran was able to promote Jeri’s prosecutorial record and avoid any discussion of her relative lack of experience.

  “Jeri was a tireless campaigner. She was savvy with the party members and had an unmistakable ability to connect with the voters. She won endorsements from all the major unions and from many of our local officials who have joined us today. Her opponent may have run for judge four times before this, but it was Jeri whom the voters recognized at election time, leading her to win the race by nearly forty percentage points.”

  When the applause died down, he continued: “As unhappy as I am to be losing a talented assistant district attorney, I am pleased the county bench will be strengthened by the wisdom and determination of Jeri Richards. Congratulations to our newest judge and here’s to many more years of public service.”

  Jeri let the applause roll over her. Standing, she faced her audience and strode to the lectern. “I am so proud to be a judge of the Commonwealth,” she said. “As I said so many times during my campaign, we are now in a better position to rid our city of malingerers, evildoers, and anyone else who thinks he can take advantage of the weak. I feel it is my job to protect those who are at risk from the actions of criminals and I will do everything to fulfill that responsibility.”

  Chapter 22

  May 15, 2017—Four Years after Graduation from Law School

  JERI WORKED THE room after her swearing-in, making sure she spent some quality facetime with those who helped her get elected. In the span of twenty minutes she shook hands with the mayor, the president judge, the head of her election committee, the party chairwoman, and others who either contributed to her campaign or who had worked to make the day a reality.

  As she shook hands with a donor, Jeri noticed Mike and Jack at a small table and her heart leapt. She ended her conversation and nearly skipped over to the boys, who pulled her into a hug. Jeri took a step back and appraised them both out from head to toe. She nodded her approval and said, “Mike, I want to hear what’s new in your life, but I get to see you fairly regularly.” Poking an index finger into Jack’s chest she continued, “You bastard. I text you. I email you, but you never respond. I haven’t spoken to you for almost two years. That doesn’t matter now. You are here and I am so happy. What is going on?” A smile overtook her face. She bounced on her toes waiting for Jack to speak.

  “We would never miss this. You’re a judge. So unbelievably cool,” Jack said while grinning at Jeri. “Will you take us on a tour of your chambers?”

  “Sure, sure, in a few minutes.” Jeri grabbed Jack’s arm. “So, how is legal life in Chicago? You must be a partner already, come on, give me some dirt.”

  Jack’s face flushed at the attention. He recovered quickly, stood up straight and adjusted his tie. “I’ve not yet reached that vaunted status, but I am working hard and think I have a chance of making it soon. Sucking in with the right partners is a lot of work, but somehow, I’m getting the hang of it.”

  Mike and Jeri laughed. “Probably nobody is better than you at your firm,” Jeri responded. Mike smacked Jack on the back and the three friends continued to catch up. After a few minutes, Mike suggested Jeri mingle with the other lawyers and dignitaries.

  “Guys, we never hang out anymore. Once I walk away, I may not see you again for years,” Jeri sighed. The two boys grinned while Jeri gazed at them questioningly.

  When they said nothing, Jeri begged, “What are you guys not telling me?”

  Mike and Jack exchanged glances before Jack spoke. “You’re never going to believe it, but we may be seeing each other more than any of us want.”

  Mike added, “We appear to have a case together in Pittsburgh.”

  “Seriously?” Jeri said, her face scrunching up.

  Jack put his lanky arm around Mike’s shoulder. “My firm represents a national department store chain with a few stores in Pittsburgh. Seems like Mike’s client stole some things and the employees detained her. Typical stuff, but she is suing for false arrest.”

  Mike gently removed Jack’s arm and explained, “It’s not so simple,” he said. “My woman is a sweet lady and the company didn’t treat her well. From what her husband tells me, this little incident as Jack refers to it, messed her up. Before the family didn’t have many problems. This event caused them a lot of anguish.”

  “Sounds like an interesting case,” Jeri said, almost to herself. “Are you two able to play nice?”

  Mike stared right at Jeri. “My uncle taught me lawyers should always act professionally. Whether the other attorney is a saint or the biggest asshole, we should always remember to remain above the fray.”

  “Beautiful speech Mike. Thanks for the professionalism lesson, pal,” Jack said. “My firm taught me it doesn’t matter who is on the other side because we always play to win. I hope you remember that when the jury comes back with a defense verdict.” Jack stared right at Mike. Neither
flinched.

  “I guess we’ll find out tomorrow,” Mike said. “Jack is actually in town to take my clients’ depositions. We scheduled them around him coming in for this event. Perhaps he’ll play nicer in the morning.” Mike focused his attention directly on Jack. “You do know how to question a witness, don’t you Jack? How many depositions have you taken so far in your career?”

  Jack winced. “Dude, I work on multi-billion-dollar litigation. Your client’s little claim isn’t going to keep me up at night. I think my firm knows how to handle a case like this.” Nonetheless, Jack felt a small drop of sweat run down his back.

  Jeri looked at her watch and quietly excused herself from her friends, having caught sight of the mayor.

  “She is awesome and has the perfect temperament for a judge,” Mike remarked.

  “I don’t think I would ever want to be in front of her, especially unprepared. She’s going to bust some lawyers real good someday,” Jack said, causing both of them to laugh.

  “I should be getting home to check on my uncle,” Mike responded. “I will meet you for breakfast like you wanted. I guess I will see you bright and early in the morning.”

  “Looking forward to crushing you and your hopes of a large verdict.”

  Chapter 23

  May 15, 2017—Four Years after Graduation from Law School

  MIKE LOUNGED ON his couch, the Gebbert file spread out on the coffee table. His client’s responses to the department store’s interrogatories rested on his lap. He had read them a hundred times and knew what his clients had said by memory. His cellphone buzzed and he saw Jeri’s name pop up on the display.

  “Your Honor,” Mike said, “twice in one day we get to chat.”

  “Shut up Mike. It’s Jeri, not Your Honor.”

  “Hi Jeri, what’s up?”

  “I was calling to thank you for coming to my installation today, but also to talk about you and Jack.”

  “You’re welcome. What about Jack?”

  Jeri hesitated before saying, “I don’t know. I’m a little worried about you having a case with him.”

  “Why? I don’t think it’s a big deal.”

  “Maybe not, but his firm has a reputation for being pretty aggressive. They’re known for doing scorched earth litigation.”

  “I know that already and it’s probably accurate. Truthfully, when we filed the complaint we were hoping this would be rather simple. I think we have a good liability case, but damages are going to be more difficult to prove. I thought we would get their attention with the complaint, but they seem to want to file motions. So far, we have gotten two motions to dismiss and a set of preliminary objections. I’ve done a lot of work on this case, but really, we haven’t gotten anywhere yet. Plus, my clients are already talking about having their day in court.”

  “Sounds like Jack’s firm is trying to get their billables in early.”

  “That’s what we thought. I was surprised when I saw Jack’s name on the Answer. We wondered if Jack was assigned to the case knowing that we were friends trying to get some leverage over me.”

  “I doubt that would work. Do you think you can handle a case against a big firm?”

  “Sure, we do it all of the time. That’s the big advantage of working with my uncle. I’ve taken a ton of depositions and I’ve even tried five jury trials. I’m sure working at that huge firm Jack hasn’t tried any cases.”

  “Have you had any big cases go to trial?”

  “Not yet, but I’m learning something with every trial. Last trial I had my uncle was in the back of the courtroom watching, and I neglected to object when the defense attorney brought up some other accidents when he was questioning my client. Turns out the jury thought this evidence was significant and found against my client when they likely would have given him some money if they hadn’t heard the evidence. My uncle took me out to the woodshed for that one. Told me I need to think through every contingency so I am prepared to object and be ready to respond to anything that may come up during trial. It was a good lesson to learn.”

  “Sounds like a rough lesson. I’m worried that two friends trying a case against each other may test the limits of the friendship.”

  “I thought of that also. Well, Jack wanted to meet for breakfast tomorrow. Maybe he wants to discuss the rules of us trying a case opposing each other.”

  “Let’s hope so. I wanted to let you know I was worried.”

  “Thanks, Jeri.”

  They ended their phone conversation and Mike wondered if his uncle had any sage advice to help him try a case against a friend.

  Chapter 24

  May 15, 2017—Four Years after Graduation from Law School

  STRETCHING OUT ON the hotel bed, Jack listened to the voice on the other end of his cellphone as he pushed his room service meal to the side. The conversation pleased Jack. He had the full attention of Ed Wagner, who was offering him some inside information.

  “I met with the president and CFO of Wendell’s. We were joined by someone with a lot of authority from their insurance company. Did you meet with your law school buddy?”

  “Yes, we met today and we are going to meet before the depositions tomorrow. Anything I need to know?”

  “I’m getting to that. The officers from the department store were stuck on the fact that the security guard followed policy when he took Mrs. Gebbert downstairs. They don’t think the company’s exposure in this case is terribly significant. I had to spend a lot of time explaining that maybe the policy wasn’t appropriate. I told them they faced significant potential exposure, especially considering the punitive damage claim in the complaint.”

  “Sounds like you had them wrapped around your finger.”

  “Something like that. The bottom line is that they were convinced that a jury could award in excess of a million dollars—not likely, but possible. I knew that just by throwing out that number the insurance company would raise its reserves and throw more money at a settlement. At the end of the meeting the insurance company gave us authority to settle this case for anything under six hundred thousand dollars.”

  “Holy shit, Ed, that’s a lot on a case like this. Were the company execs okay with this?’

  “Hell yes. What do they care? It’s not their money. Their exposure is on the punitive claim because that claim is not insured. They just want this claim settled. They were very clear about that.”

  “With that type of money, I would think I can settle this case.”

  “You better get it done. The company will be quite happy with us if we get rid of this. We will get lots of business from these guys if we keep them satisfied.”

  “I think there’s going to be a lot of dancing tomorrow. You’ll buy me a beer when I get this settled.”

  “Absolutely.”

  Chapter 25

  May 16, 2017—Four Years after Graduation from Law School

  THE WIND WHISTLED a high-pitched tune every time the door opened to the diner. Mike and Jack were huddled in a booth in the back near to an outdated radiator, keeping firm grasps on their steaming mugs of coffee and wearing their overcoats in an attempt to keep warm while they attacked their breakfasts.

  As they ate, Mike said, “It’s weird eating in this diner with you. My uncle and I eat here a lot.”

  Jack gaped while Mike shoveled the remaining forkfuls of his omelet and hash browns into his mouth. “Wow, you can still eat like a champ. Amazing, you don’t weigh three hundred pounds yet,” Jack commented as Mike leaned back in the booth.

  Mike suppressed a burp, patted his stomach and said, “Unfortunately, I am getting closer to that every day. The practice of law is not the best way to maintain a healthy lifestyle.”

  Jack nodded. “I wanted to discuss our case. I was hoping we might be able to reach some common ground.” Jack pictured his mentor Ed standing in his office, his hips gyrating.


  “Sure buddy, what do you want to talk about?”

  “Well, I’ve reviewed the file and talked to our people at the store and they think we have strong defenses.” Jack leaned back and waited for Mike to respond, but Mike kept his gaze locked on Jack’s face, forcing Jack to continue. “I thought we should decide where the case is going and see if we could get it resolved.”

  Jack was stammering and did not like how he was starting this conversation.

  “We are at the beginning of discovery. We haven’t taken any depositions yet. What are you proposing?” Mike asked, somewhat perplexed.

  “Well, I don’t think your case is very strong, but I thought we could figure out a way to get some money to you and your woman.”

  Mike’s skin flushed as he grabbed the edge of the table with both hands. “Jack, I’m not sure how we can begin this discussion. Nothing’s been done yet. I am waiting for you to send me some discovery. You don’t know anything about my client. Let me say I disagree with your contention our case is not very strong. Remember what your people did to my client. Mrs. Gebbert is going to scare you. Your department store damaged a really nice woman.”

  “Hey, slow down buddy,” Jack interjected. “I know this is early, but I think we can agree that after some discovery and some motions it would be helpful to put some money in your client’s pocket. I don’t want to speak out of turn, but if we play nicely here, I’m sure my people will pay something like seventy-five grand to you and your client.”

  Mike continued to look at Jack, his hands grasping the table ever tighter. “Jack, I don’t think you know the case well enough to try and settle it yet. Let me repeat−my client is hurt−and hurt badly by your department store. I’m not sure what this ultimately is worth, but settlement isn’t happening now.”

  Jack’s heart sank. He assumed he would have little difficulty making Mike dance.

  Anger then quickly took ahold of Jack when he realized settling wouldn’t be as simple as he planned. He slammed his hand on the table. “Fine. You don’t want to make some easy money. Let’s see how you act after I destroy your client at her deposition. Once she starts crying, you’ll be begging me to offer her scraps. Mike, my firm is going to bury you in a mountain of discovery.”