“Jack, I told you I would speak with them, and I did. Like I told you, they think the department store treated Mrs. Gebbert improperly and believe they suffered significantly because of it. They are not looking to settle, but they told me to tell you they would take three million dollars for their troubles.”
Jack nearly spit out his drink. “Stop being so ridiculous Mike. My client will never pay that.”
“I didn’t think they would. I’m only relaying their demand.”
“I can’t believe this. I have a ridiculous amount of money to offer them on a case no one would pay six figures on and they are turning up their noses.”
“I suppose you are right. They tell me the three-million-dollar figure is firm,” Mike said.
“They are crazy and now they are messing with me,” Jack wailed. “Goddamn it Mike, can’t you control your clients?”
“It is what it is Jack. This case isn’t going to settle.” Jack’s face turned red as he clenched his vodka. For a moment, Mike thought Jack would throw his drink at him, but Jack angrily rose from his chair and stood over Mike. Pointing a finger, Jack growled, “I can’t believe you can’t make those old twits take our money. You are weak Mike, and your weakness is going to make life difficult for both of us. You and your clients better watch out for what is going to happen.”
Jack slammed his glass on the table, causing ice and alcohol to splash out. He turned on his heels and stormed off without another word. Megan, hearing the exchange between Jack and Mike getting louder, had turned to Mike and was splashed on her arm by Jack’s drink.
“What just happened?” Megan asked as Mike tried to collect himself. Aunt Betty, seeing the commotion, excused herself.
“I have no idea, but he is not happy with me.”
“Why did he get so nasty? Did you say something to make him angry?”
“I don’t think so. This was business, nothing personal. He wants to settle our case. His client is offering a lot of money. I spent hours with my clients last week, but they don’t want to settle. Mrs. Gebbert told me she wants to look the company executives in the eye and tell them what they did to her. She says it’s not about the money. I don’t think she realizes what she is getting herself into. My uncle thinks it’s crazy that they won’t accept the money, but I can only do what they authorize me to do. I guess I’m going to have to earn my fee in this case. Seems like Jack also thinks it’s crazy.”
Megan looked shaken. “I don’t get you lawyers. I know that litigation is contentious, but bringing all that here to Jeri’s wedding? It doesn’t seem terribly professional.”
“You’re right. This shouldn’t happen, but it does sometimes. My uncle told me this story about a case he handled which was going on for three years with the clients displaying a growing abhorrence for each other. A perceived slight at a deposition led to a fist fight and broken furniture. Although Stan and the other lawyer each wanted to win badly, the rancor between the litigants never spread to them. They stayed above it all, which allowed them to facilitate a settlement that would have been unreachable if they had been drawn into the dispute. I’m trying to do that here, but I don’t know what’s going on in Jack’s head.”
“Keep trying. I don’t want to see you act like that. I’m getting tired. I’m going to the restroom and then maybe we should say our good-byes and head upstairs.” Megan slipped out of her chair and excused herself.
Mike fidgeted with the ice cubes remaining in his drink while having two brief conversations with other relatives in Jeri’s family. Once they left his company he felt a bit awkward sitting alone among the celebrants.
Attempting to distract himself, Mike looked over the floral arrangement on the decorative bookcase in the lobby. Mike then noticed Megan quietly sit back in her chair and bury her head in her hands. He perceived a slight sobbing coming from her side of the table.
Mike immediately put his hand on Megan’s arm. “What is going on? Are you okay?”
At first Megan was unable to respond, but gathered herself. “He waited for me. I didn’t understand what he wanted.”
Mike stared at Megan, not speaking, recognizing Megan needed more time to regain her composure before she could explain.
“I walked down the hall to the restroom,” Megan said, while attempting to regulate her breathing. “When I got out, he was waiting.”
“Who was?” Mike asked with an air of desperation.
“Your friend, Jack.” Mike slumped back in his chair, horrified to hear what Megan would say next.
“He was just there, one foot up against the wall like a model. He had this huge smile on his face.
“I didn’t realize he was waiting, but he said he wanted to talk to me about something−something about the wedding, I think he said. He motioned for me to follow him. I wasn’t thinking, I just followed him out the door. We went to some trail at the edge of the parking lot.
“Once we were out of sight, I realized I might have made a mistake and turned to leave. He stopped me and said he wanted to talk. When I said we could go inside, he insisted I hear him out. I said fine, but only because I didn’t think I had a choice. He started talking about how ridiculous you were because you couldn’t convince your clients to accept this huge payday and how weak you must be. He said how this was interfering with him getting his partnership and how he needed to teach you how to dance.”
Mike didn’t understand what Jack had been trying to say to her.
“He told me if you were going to screw with him, he was going to screw with you.”
“Oh shit, Megan, what did he do to you?”
“Nothing really. He tried to be threatening. He touched my hair and suggested he was better than you. He started to push me up against a tree. I don’t think he was going to do anything, but I wasn’t about to find out. I smacked him and ran away.
“The funny thing is he stood against the tree with a huge shit-eating grin. He yelled at me that I should teach you how to dance or he is going to do something worse.”
Megan wiped her nose with a napkin, her eyes pale and bloodshot. Mike squeezed her arm offering some support. Looking up at Mike with a forced smile, Megan said, “I don’t know if he wanted to hurt me, but he was so menacing. I think all he was trying to do is threaten you through me. Why?”
“I don’t care. What the hell is he doing threatening you? This so far beyond anything I would have ever expected. This is nuts. I thought we were friends, but this proves otherwise. Clearly, to him a lot of things are more important than our friendship.” Mike sensed how upset Megan was and asked if they should call the police.
Megan considered. “No, he didn’t actually do anything. Nothing would happen to him. I’ll be fine.”
“Well I am not good with this, nowhere close to it. I’m not sure what I am going to do, but I will do everything to ensure he doesn’t get anything he wants. Are you sure you are okay?”
“No, but we need to leave.”
Mike helped Megan out her chair, put his arm around her, and walked her towards the elevator. As they waited, she rested her head on his shoulder, shuddering.
Chapter 38
June 11, 2018—Five Years after Graduation from Law School
STAN TWIRLED IN his desk chair enjoying the breeze his movement created. He laughed when the spinning made him a little dizzy and had to remind himself he wasn’t quite sure how his body would react with all the medicine he was taking.
“Uncle Stan, stop. What are you doing?” said Mike, having walked into Stan’s office.
“Hi Mike. I’m feeling pretty good today. Just going for a spin.”
“Funny. You should be careful. I don’t want you spewing all over the office.”
“I’ve been back for a week now and I’m ready to work even more.”
“Your doctor said no more than three hours a day and you are over that for today.”<
br />
“I’m glad you’re looking out for me, but I’m pretty much back to normal. The doctor said they have the cancer under control and I’m going to try not to worry about it. Coming back to work is the best medicine. I felt better from the minute I came back and saw the ribbons and posters that Stephanie arranged. Now I’m back to dictating letters and reviewing medical records. It’s starting to feel normal again.”
Mike sat in the chair in front of Stan’s desk. “You sent for me. I came running. I’m sure you want to talk about my cases. I shouldn’t let you because you are over your time limit, but go ahead and start asking your questions. Don’t worry about all the work I have piled up on my desk.”
Stan smiled at his nephew, stretched out his arms and said, “We’ll only talk for a few minutes.” Mike rolled his eyes, knowing their conversation would last longer, but also happy to placate his recovering uncle.
“What’s going on with the Briskin matter?” Stan asked, inquiring about the case of a pawn shop selling a client’s stolen property.
“Come on, Uncle Stan, you don’t want to go over all of my cases, do you?”
“Don’t worry, Mike. This isn’t stressful for me. You’re doing everything on the file. Tell me what’s happening.”
“Fine. We sent out discovery, they responded. I took the deposition of the pawn shop owner. Not surprisingly, he was a scumbag. He admitted to buying our client’s coins. He said when the thief came into the store, he had no idea he was pawning stolen items, so he bought them from him. He never got anything from the guy proving ownership of the coins. Of course, he said he rarely demands proof from anyone. He was not a salt-of-the-earth kind of guy.”
“Do you have an expert?” Stan enquired.
“Why do I need an expert?”
“I would think you need someone to tell the court what the coins were worth.”
“I will look into getting someone tomorrow. I hadn’t thought of that. That’s a pretty good idea.” Mike flushed, realizing he had neglected to cover an important element of the case. Every time Mike thought he was starting to understand the complete picture of litigation and believed he could handle cases by himself, his uncle pointed out some minor deficiency in his analysis or suggested an alternative method for finding information. Now that his uncle had returned to the office, Mike had a greater appreciation for his insight.
Stan noticed Mike’s reaction to his suggestion and changed subjects. “So, how was the wedding you went to in Detroit? Did you tell Jeri congratulations for me?”
Mike leaned forward in his chair to tell Stan about the events of the weekend. “I told her you wanted to wish them all of the best. The ceremony was beautiful. Jeri looked awesome. I think she and her husband are going to be happy.”
“Sounds like you had a good time. Did you spend time with your law school friends?”
“Yes, and I’m glad I got to connect with them, but things didn’t go so well with Jack.” Mike recounted his conversation with Jack and the large settlement offer. Stan expressed his disappointment that Mike couldn’t accept it. Stan pressed Mike to talk to the Gebberts about accepting the money and to emphasize the possibility they could receive nothing at trial.
Mike told Stan how upset Jack was and what Jack did to Megan. After listening to Mike recount Megan’s reaction, Stan stood from his chair, shook a finger in Mike’s direction and yelled at Mike that he had to do something about Jack immediately. Stan suggested filing disciplinary charges against Jack or reporting him to the police, but Mike declined, noting that Megan was questioning her recollection of the events and didn’t want to make a bigger deal out of the situation.
Stan retook his chair shaking his head. “I don’t get it. Why can’t some attorneys handle themselves? Nothing good will come out of attorneys threatening each other.” Stan threw his hands up in the air. “I’m going to not think about this for now. Tell me what happened with you and Jack during the wedding?”
The question made Mike grin ever so slightly. “Jack and I walked Jeri down the aisle. She was glowing, but I would not look in Jack’s direction. I was smiling, but inside I wanted to throw Jeri to the side and punch out Jack. But the wedding was Jeri’s day and I think the pictures will verify I covered up my anger. Jeri had no idea what had happened.”
“Are you going to say anything to her at the trial? She is the judge.”
“I don’t think I will, but I am still mulling my options.”
This did nothing to alleviate Stan’s concerns. “What is your plan, Mike−how are you going to deal with this?”
Mike pondered, before saying, “I don’t think this changes anything. You always tell witnesses their answers don’t change if the lawyer asking the questions is the nicest guy in the world or a complete ass. Don’t ever argue with the other attorney. I think the same advice applies here. As far as we are concerned, I try the case the same way we planned all along. The only thing different is my relationship with Jack. I will deal with him professionally during the trial, but our friendship is over.”
“I don’t know Mike. I’m not sure I would remain so calm and collected under similar circumstances.”
“I’m not sure I can either, but we will find out.” Mike let out a sigh. He wondered if he would be able to mask the considerable anger he still harbored while together in court with Jack for a week. He knew it wouldn’t be easy. “You’re still planning on coming to trial and helping me out, aren’t you?”
“Of course. I’m doing much better and looking forward to you trying your first big case. Aren’t you glad you tried some others before this?”
“Absolutely, questioning witnesses in court for the first time with this much on the line would suck.”
Chapter 39
June 11, 2018—Five Years after Graduation from Law School
JACK ONCE AGAIN took a seat in the suede chair in front of Ed Wagner’s desk. This time the seat didn’t feel so comfortable. Instead of relaxing as Jack had done many times before, he felt an odd stiffness and a sense of dread. Jack did not examine any of Wagner’s art collection or the photos Wagner displayed on his walls of the trips he had taken throughout the world; instead Jack struggled not to blink as Wagner returned his gaze without uttering a syllable.
Wagner let the stare-off linger. Jack knew that Wagner was enjoying his discomfort and thought about how much Wagner liked to lord his authority over him. Jack respected Wagner’s position of power over most of the lawyers in the firm, and how Wagner designed virtually every move he made to maintain his status. Jack wanted to be like Wagner and bring in the desired clients with their massive legal fees. Jack knew it didn’t matter if others were better lawyers or cannier cross-examiners. The superior lawyers received their rewards, but it was the lawyers who brought in the clients who got the biggest paychecks and enjoyed the most influence at the firm.
Wagner broke eye contact and turned to a stack of letters on his desk. He began to peruse the correspondence. His eyes narrowing with anger as he read one letter, Wagner threw it aside, rested his arms on the desk, and grasped his hands in front of himself as he sighed deeply. Jack recognized this as the signal the meeting was about to begin.
“You had one easy assignment. Meet with your friend and get the case settled. Apparently, that was too much for you. When things didn’t go as planned, you had to let me know, but all you did was write me an email,” Wagner said while holding up a piece of a paper. “Let me read it to you and then you can tell me if there might have been a better way for you to handle this.”
Jack nodded.
“You wrote: ‘Just talked to opposing counsel. Doesn’t seem like we are going to be able to settle. The wedding looks like it’s going to be lots of fun, ‘“ Wagner sneered at Jack, who slunk a little lower in his chair. “Do you think I give a shit about the wedding? No. I care only about getting this case settled. Don’t send me an email because you are too b
ig of a pussy to hear my reaction. If you had called we might have come up with a different plan and you could have avoided my brilliant response, ‘nice job, stupid fuck. You are one step closer to being booted out the door.’ That was a pretty good response, wasn’t it?”
Jack didn’t answer.
“Okay Sherlock, you have this simple case. Your friend is the attorney on the other side. Two old farts are the plaintiffs, yet you can’t convince anyone to accept the huge amount of settlement money I arranged with our client. What the hell am I going to do here?”
Jack pondered this question, hoping it was rhetorical, but when Wagner’s silence persisted, he uttered, “I will try the case and kick their ass.”
This provoked only a grimace from Wagner. “I don’t know, Skippy. This is getting real dicey. Our client is now extremely worried, which makes me more nervous. I spoke with them last evening for an hour. They still trust you, but not as much as they did before. They insist I go with you to Pittsburgh to help you try the case. I’m not sure you understand the significance of this. The last trial I had was in nineteen ninety-nine, but they want me there to make sure nothing goes wrong. This is exactly what I don’t want to do. Now I’m coming to this trial, holding your hand and every evening reporting back to the CEO. This does not make me happy.”
“Yes, sir,” was all Jack could muster through his dry lips.
“Here’s the deal. You are still preparing all of the witnesses. You are still doing all of the legal research and brief writing. You are still questioning all of the witnesses at trial. I am going with you and I will watch you. But you better hope I report nothing bad to the client. Understand?”
“Absolutely, sir.”
“Exactly what I wanted to hear. Go back to your office and prepare to win this case.”
Jack stood up and left Wagner, who had returned to the papers on his desk. As he approached his office with the six boxes containing the pleadings, medical records, and reams of correspondence, dread spread through his body at the realization that even though Wagner was now coming to trial, he was still on his own.
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