Legal Reserves

by James Rosenberg

  “Is that an issue?” Stan grinned like a grandfather watching his grandson score his first soccer goal.

  “I hope not. Jack also deposed her husband, Paul. I think he’s rock-solid. He painted a grim picture about what their life is like now. I felt Jack was rolling his eyes when Mr. Gebbert talked about his wife’s injuries. But that is the nature of these types of injuries−it’s not like a broken bone, it doesn’t show up on an x-ray. Jack is going to have to come to grips with that. Am I putting the pieces of the discovery puzzle together well enough for you?”

  “Absolutely. I just want to think through how you are going to prove your case. It’s never too early to start getting ready for trial. How else are you going to be able to demonstrate to them this injury is real?”

  “We have the two kids. I met with them once already. Pleasant kids who’ve learned how to manage their lives independently, without as much help from their mother as they had before. Martha, however, questioned whether the kids should testify at all. She said they suffered enough and didn’t want them exposed in court.

  “Her doctor will also testify. I haven’t met with him yet but she trusts him. I’m not sure what to make of a psychologist and how well he might hold up under cross-examination. They are so touchy-feely and like I said, there is no x-ray which will show a definitive injury. Who knows what a jury is going to think about when we are trying to sell them on a brain injury that happened when she was never hit in the head?”

  Stan adjusted his sheets and leaned forward. “You’re right. You never know what a jury is going to do. With this type of situation, it’s more of a crapshoot−a jury can do almost whatever it wants. It’s always safest to settle. A jury may not perceive things the same way you do.” They both sat in silence, letting Stan’s last comment hang in the air.

  “I know, Uncle Stan. You tell your witnesses that if they make a funny face at the wrong time, a jury can turn off leaving them with no chance of winning−and this can happen at any time without anyone in room knowing.”

  “I know you know this, but juries are fickle. They are given virtually no assistance to guide them in valuing a case. They have no idea if what they award is adequate. Settle your cases, then there are no surprises.”

  Stan continued to probe. “What type of experts do you think you will need?”

  Mike pondered the question. “Like I said, her psychologist will offer testimony about her injuries, but I think he should be the only medical expert we will need. I’ve been thinking a lot about experts who can testify about what a company should do when it encounters a shoplifter. Ultimately, I must find some sort of security expert with knowledge of the retail industry.”

  Stan almost jumped out of his bed when he heard Mike’s plan. “Wait, ten years ago I tried a case where I used a security expert for a shooting in small store on the south side. He knew his stuff. Worked hard getting himself prepared and could recite the entire file backwards and forwards. He was an attractive man. The women on the jury loved him.”

  “Did you win the case?”

  A sheepish expression overtook Stan’s face. “Well, no, we actually lost. But he did an excellent job and I never blamed him for the loss. I can’t remember his name, but Stephanie will find it for you. Even if you don’t use him, he may give you leads where to find another expert.”

  “I will get a hold of him as soon as possible. I want to get on top of everything I need to do to get ready for trial.”

  “How much more discovery do you have and when can you complete it?”

  “I’m not so sure Jack will take much more. He subpoenaed all of her medical information. He told me they want whatever doctor they retain as an expert to examine Mrs. Gebbert, but that may be all they have left to do. I still have to take all of their depositions−the security guard, the manager of the store and I told him I want to take depositions of the corporate people who developed the policy and a person who can talk about how the company has implemented its shoplifting policy in the past.”

  “You still have a lot of work to do, don’t you?”

  “I do, but we scheduled all of their depositions in a couple of weeks, so I should be okay with the discovery cutoff in a few months.”

  “Sounds like you have it under control. What are your thoughts about whether the case can be settled?”

  Mike shifted in his chair and replied, “It’s unclear. Jack offered a chunk of money at the beginning of the lawsuit and suggested there is more available. The offer did not impress Martha and Paul, but it’s more than I expected. I’m not sure what our clients would accept, but they aren’t going away cheaply. If all goes well when I question the company’s witnesses, who knows, but this may not be such a bad case.”

  “Don’t start falling in love with your cases, Mike,” Stan advised.

  “Oh, I know, but this one is interesting in a weird way. There is a lot of stuff we still don’t know and I can’t wait to find it out.”

  “Every case has lots of risk. If they make a decent offer, find a way to get the clients to accept it.”

  “I hear you, Uncle Stan.”

  At first Stan didn’t respond. He looked out the window and then back at his nephew. “Mike, I wanted to thank you for handling all of our cases. It’s hard being alone in a law firm, especially when you get sick. Having a partner is much better. I’ve rested so much easier knowing that you and Stephanie are on top of the cases.”

  “You’re welcome. By the way, when are you getting out of this place and back to the office? I want to ask you some questions about a bunch of files and this is not the best setting to discuss the intricacies of the law.”

  “I don’t know for sure, but I am hoping in a couple of weeks. The doctors are revising my treatment regimen and seem hopeful they got it right this time. Can’t say I enjoy it in here−even with all the attention I get at odd hours of the night. I want to be able to come into the office and yell at people again.”

  Mike smiled. “I haven’t seen you yell at anyone since I started working. We need you there. More accurately, I need you there. The Gebbert’s case might go to trial at some point and I’m not sure I know how to get it ready. This is much bigger than anything I’ve handled before and I could use some help.” Mike cocked his head.

  “Don’t worry, I’m getting out of here soon and I will be back to drive everyone crazy again. You should be careful for what you wish for.”

  Chapter 29

  May 24, 2017—Four Years after Graduation from Law School

  JERI SAT AT her desk behind a stack of papers. She alternatively read the briefs and the Westlaw cases she had pulled up on her computer. Kathy Wolfson entered without knocking and dropped a stack of mail in front of her. Jeri startled. “Thanks Kathy, these briefs weren’t that important,” Jeri said with a hint of a smile.

  “Sorry Judge, but I thought you might want to see what’s on top.”

  Jeri picked up the first letter. “You’re right. It’s my case list. The President Judge has finally given me all of the cases the other judges wanted to dump on me. This is going to increase the amount of work we have.”

  “I suspect it will. There are about a hundred and fifty new cases we have to deal with in addition to the ones you already have.”

  Jeri nodded, but her eyes were riveted on the paper. “This is interesting,” she said. Kathy did not respond, waiting for Jeri to explain. “I’m not sure what the ethics of this are. I need to do some research before I can accept this case.”

  “That’s fine, Judge. Is there anything I can do to help?”

  “No, Kathy. This one is a little tricky, but I think I can work my way through it.”

  Chapter 29

  February 20, 2018—Four Years after Graduation from Law School

  SITTING BEHIND HIS office desk, Mike leaned back in his chair, raised his hands over his head and stretched, reaching out as fa
r as he could towards his framed diplomas on the wall behind him. His back hurt and he felt like he had shrunk three inches since hunkering down three hours earlier to work on his still incomplete Superior Court brief. Mike’s phone rang with a loud metallic jangle, surprising him and causing him to nearly topple backwards from his chair. Grabbing the phone from the cradle, he answered with perhaps a little too much annoyance.

  “Mr. Reigert, will you please hold for one minute while I connect you with Judge Richards,” the pleasant, but authoritative voice responded from the other end of the line.

  “Sure,” mustered Mike, at first confused why he was receiving a call from a judge and then realizing it was Jeri, calling. He chuckled, realizing Jeri was having other people place calls for her so she didn’t waste her time dialing. He made a mental note to give her a hard time for pulling rank on him and waited for her to speak.

  After a few minutes of mindlessly checking his email and silently cursing Jeri for preventing him from finishing his brief, Mike’s attention was drawn back to the phone when he heard Jeri happily talking to a third person, also on their call.

  “. . . Chicago is awesome. My firm is doing well. I’m trying to get a bigger office. Hopefully soon,” said the voice on the other end. Instantly Mike realized Jeri had conferenced Jack Rogers into their conversation.

  “Jack, it sounds like everything is going well for you. Say ‘hi’ to Mike. I figured out how to conference him on the line with us.”

  “Hey, buddy, long time,” Jack said.

  “Hey Jack,” Mike replied, not necessarily happy he was speaking with Jack as they hadn’t spoken since they clashed at Martha Gebbert’s deposition, but still curious why they were all on the phone together.

  Jeri interrupted. “Guys, I got you on the phone for two reasons. One is personal and one is professional.”

  Jeri’s comment was met with silence. Mike was not sure how to respond.

  “We are listening, Your Honor,” Jack said with mock seriousness.

  “Cut out the crap, Jack. You don’t have to say that−unless we are in court. Let’s focus. Please.”

  She began again. “Like I said, I got you on the phone for two very different reasons, but both are important. I thought we could deal with some personal issues and then I have a professional matter to discuss.”

  Mike immediately relaxed. This was the Jeri he expected, wanting to be in charge, but not overbearing. He wanted some way to demonstrate to her he could still be her friend, yet respect her authority. “Don’t leave us hanging Jeri, tell us what you have to say.”

  Jeri paused. “You remember Alan. Well, we’ve been seeing each other for a while. I wanted the two of you to be among the first to know Alan and I decided to get married. He’s such a wonderful man and it feels so right.”

  After the briefest moment of silence, Mike said, “Jeri, that is incredible. I only met Alan a few times, but I thought he was awesome. When did this happen?”

  “Last week. The news is still fresh for us. We told our families a couple of days ago, but you guys are like family to me, so I wanted to let you know as soon as possible.”

  Jack reinserted himself into the conversation: “Jeri that is incredible. Personally, I never could consider getting married at twenty-seven, there are too many more women to meet, but if I met the right person, I think I could settle down.”

  “Thanks Jack, I think. I’m glad my impending marriage won’t affect your personal life too much.”

  “Jeri,” Mike asked, “when is the wedding?”

  “Here’s the thing,” Jeri began, “we wanted to let people know as soon as possible to make sure they can make it in for the weekend. We would love it if you guys can make it to Detroit for the ceremony. I’m not giving you a lot of notice−we scheduled it for three months from now. If you can’t, we will understand, but I want you to know−you better come to the wedding.”

  “Jeri,” Mike asked with empathy in his voice, “is there something you’re not telling us?”

  Jeri hesitated. “Yes, there is. It appears Alan, in quite the considerate and sensitive manner, may have knocked me up.”

  “Damn Jeri, things sure are happening fast for you,” said Mike.

  “First, judge by the time she was twenty-six and now you may be a grandmother by the time you are fifty. You don’t waste any time,” Jack added. They all laughed at the thought of Jeri as a young grandparent.

  “Don’t you worry, Jeri, we will be there,” Mike said. “Nothing is going to stop us from coming. By the way, do we bring a wedding gift or a baby gift?” This again caused everyone on the call to break out in laughter.

  “Please come. That will be enough of a present. It’s really so wonderful letting you guys know my good news. It’s been so much fun telling everyone close to me what’s happening.”

  “What do you mean?” asked Mike.

  “Here’s the story. When I told Alan I was pregnant, he came back the next day and proposed to me. He told me he had planned to do it anyway, he just moved it up a few weeks. He already had this beautiful diamond ring and at dinner, he gave me this speech that included all of the reasons he loves me and the ways I make his life better. He never mentioned the baby during the proposal, so I am certain that he wanted to get married, whether or not I was pregnant.”

  “Aw, that’s so sweet,” Jack swooned.

  “Shut up, Jack Ass. Let me finish. It wasn’t quite so easy telling my mom. I was worried how she would react to me being pregnant, but not married. The next day I called her. I was crying before I could say anything. Then my mom started crying because she thought something horrible had happened. It took fifteen minutes before I could convince her that nobody was dying. We both started crying again at the thought of my dad.”

  Hearing her news, Jack and Mike promised that no matter when the wedding took place, they would be there. “Just tell us is what we need to wear,” Jack quipped.

  “Okay boys, the personal part of the conversation is over and thanks for letting me share it. Now to the professional portion of the call and I will put back on my judge’s hat.”

  Mike swallowed hard as he sensed the tenor of their discussion about to change.

  “I became judge seven months ago and there have been a lot of other changes since that time. The President Judge mandated that everyone clean up their dockets. The court administrator assigned me a number of newly filed cases, but the other judges also transferred files to me. The process is almost complete.

  “It turns out one of the cases I recently received is the one the two of you have against each other, Gebbert v. Wendell’s department store. This is now mine. Because I know both of you and are friends with you, I did some research and I don’t think there is any conflict with me handling the matter. If either of you think for any reason I shouldn’t oversee the case, speak up now and I will recuse myself.”

  Jeri let her buddies momentarily consider but heard only silence. “Outstanding, neither of you indicated a desire for me to recuse. This is now my file and our prior dealings will not factor into any decision I make or how I will preside. I will not allow you to attempt to use our relationship in any way during the pendency of this matter. Agreed?”

  Neither lawyer offered an objection.

  Jeri stayed in charge. “I don’t know much about the specifics. The administrator hasn’t sent me the hard file yet, but I reviewed the docket and some of the court filings. This matter is already scheduled for trial in September. Is there any reasons to change the date?”

  Mike decided weeks ago he wanted to do his best to make sure the trial date did not move. He had scheduled the depositions of the store’s local witnesses and the corporate employees who knew something about the incident. He retained the security expert his uncle used years before and received an expert’s report from him, which he sent to Jack as required by the court rules. Jack’s securit
y expert also prepared a report detailing his opinions why the department store was free from blame. Having also received a report from Mrs. Gebbert’s psychologist, Mike believed he would be ready to go to trial as scheduled.

  “Judge,” Mike began, not sure at this point how he was to address Jeri, “the plaintiffs are prepared to go to trial and hope the date in September is firm.”

  Jack groaned. “Jeri, I mean, Your Honor,” Jack began, “the defendant in this case hoped to try the case next year. I have a motion sitting on my desk requesting a continuance. I know these types of motions are usually granted.”

  Jeri interrupted to ask, “Next year? The court already scheduled a date for this year. What’s the problem?”

  “My calendar is fairly full for September and the client informed us September is a busy month in the retail business due to the back to school season. Making so many witnesses available would be detrimental to its bottom line.”

  Mike wanted to jump up and scream “Bullshit,” but before he could, Jeri said, “Jack, you should have blocked this off months ago. Your client is a national retailer. It employs thousands of workers. I’m sure it can spare a few for this trial. How long is it going to take anyway?”

  Mike jumped in, saying “I don’t think it will take long. We have a few witnesses and a couple of experts, but I think we are looking at about three days, don’t you agree Jack?”

  “I think it will take much more time,” Jack said. My cross-examination of the plaintiff could take one day alone. We have medical experts and security experts. It’s looking like this could be a major trial.”

  “Well I’m not going to tell you how to try your case,” Jeri stated, “but I suspect a whole day grilling a witness may be a bit of overkill. Here’s what I am going to do. We are getting lots of pressure from the Superior Court to move our cases along and reduce our dockets. With that mandate, I believe keeping the date firm will best serve the interests of both parties and the Court. I am going to block off the entire week for the trial and Jack, if you need more time, we will go into the following week. Is this workable?”