Second Degree (Benjamin Davis Book Series 2)

by A. Turk

  Mrs. Franks, a longtime Nichols patient, was well connected. She was a member of an old southern family, and she had three sisters. Before the end of next year, Nichols suspected that there’d be four sets of Garcia kissable lips in the Franks family.

  Garcia began his examination of Mrs. Alder by taking measurements and using a black marker on her face.

  He assured her, “Don’t worry. This isn’t a permanent marker. It will wash right off. By the way, you have beautiful skin. It’s hard to believe that you’re fifty.”

  His compliment hit the mark. Mrs. Alder blushed slightly.

  He continued to turn on his charm. “It would be my professional advice that not only should you enhance your lips and reconstruct your chin like Mrs. Franks plans to do, but you should also have Dr. Nichols whiten your teeth. It would be a shame for us to improve the appearance of your lips and chin and not improve your smile. Your smile is beautiful, but your teeth are a bit yellow. Why hide that pretty smile?”

  Garcia was a good salesman. Mrs. Alder was sold on the idea of having her lips and chin done like Mrs. Franks, and she’d go one better by improving her smile. Garcia figured she’d smile right in Mrs. Franks’s face.

  “What’s all this going to cost?” she asked.

  “My fee for the chin and lips is $9,000 if done together. I’d charge $5,000 for each procedure separately. It just makes sense to do them together. You’d also save with only one anesthesia.”

  “And the teeth whitening, how much will that cost?”

  “That procedure will be done by Dr. Nichols. He’s been doing that for more than fifteen years. He’s your man for that procedure. The usual fee is $2,500, but as part of a package deal, I’m sure he’d reduce his fee below $2,000. We want our patients to be satisfied and feel that they get good value.”

  “I’m divorced, and it’s close to Christmas. I’ll have a lot of additional expenses this time of year. Eleven thousand dollars is a lot of money.”

  He was deep in thought and then looked like he was conceding a point. “Let’s say we make it an even $10,000 for all three procedures. Call it a Christmas present from Nichols & Garcia to you. You deserve it. If you don’t do this for yourself, who will? You’re a beautiful woman. You deserve this. Treat yourself.”

  “You’re absolutely right, Dr. Garcia. Who’s going to do this for me? Certainly not my ex-husband, that’s for sure.”

  “Who knows, Mrs. Alder? Mr. Right may be waiting for you around the next corner. I promise he’ll melt under your new smile. I can do your lips and chin on January 20th as long as my surgical suite is ready as promised on the 18th. You’ll have to heal two weeks before Dr. Nichols can do the whitening. I’m sure we can schedule Dr. Nichols’s work sometime the beginning of February. By Valentine’s Day, you’ll be ready for Mr. Right. What do you say?”

  He knew her response before she even opened her crooked little mouth and showed her yellowish teeth. Garcia walked Mrs. Alder out to Donna’s office, where he explained his financial agreement with Mrs. Alder and they booked all of the surgeries. As he was leaving Donna’s office, Mrs. Alder was handing Donna her MasterCard.

  After Mrs. Alder left, Donna walked briskly into Dr. Garcia’s office. “Did you clear that package deal with Dr. Nichols?”

  “No, there was no time. The patient was concerned about money, and I didn’t want to lose her. I had to make a snap fee adjustment to close the deal.”

  “Look, Doctor, you’re not selling electronics. You’re providing medical services. It’s my job as the office manager and bookkeeper to apportion the $10,000 fee among the surgeries performed by both you and Dr. Nichols. He charges $2,500 for a teeth whitening. Does that mean you’re doing Mrs. Alder’s chin and lips for $7,500?”

  “I’ll work it out with Dr. Nichols. You’re getting your skirt in a wad over nothing. The key is that I closed the deal, and she gave us her MasterCard today for services we’re not providing until next year.”

  “Let’s go talk to Dr. Nichols about this,” Donna insisted. “He’s got the final say.”

  Fifteen minutes later Donna and Garcia were standing in front of Dr. Nichols. Garcia could tell Nichols was annoyed that Garcia and his office manager were not getting along and complicating his life. Garcia decided to play it cool and let Donna talk herself into trouble.

  She began very aggressively: “We’ve got a problem. Dr. Garcia negotiated a fee off our fee schedule, and he’s offering not only his fees at a discount but yours as well. I think he should get your permission before he reduces your fees. I think he’s got a lot of nerve.”

  “Hold on, Donna. Let’s hear what Charlie’s got to say.”

  Garcia knew Nichols gave him an opportunity to cut Donna’s throat. He needed to appear sincere and calm. He began, “Dr. Nichols, I meant no disrespect to either you or the practice. I told Ms. Burns if she wanted to allocate your full $2,500 fee to the payment for your teeth whitening, it was okay with me. I’m not the experienced businessman you are, but it’s my understanding that after Christmas, most of our patients have spent their disposable income and are not in a position to think about cosmetic surgery until Valentine’s Day. I’ve studied the practice’s financials, which you provided me, and January is historically the slowest month of the year. I cut the deal with Mrs. Alder, which she put on a credit card, so we’d get $10,000 when we probably needed it most. I told Donna that you and I would talk about how to apportion the fee. It was more important to tie down the business.”

  Nichols looked at Donna and, for the first time in their relationship, questioned her motives. For some reason, she didn’t like Dr. Garcia, and she was challenging him at every turn.

  “Donna, I would have approved the package deal. Charlie’s right. In January, we need to give a little on price in order to keep a steady flow of business. He was in the room. It was his judgment call as to what it would take to get the business and whether the offer was necessary not to have lost the fee. Charlie, you have my authority to negotiate package deals without my prior approval. Be smart, and don’t get too ambitious. We have product that people want, and generally our patients can afford to pay for what they want.”

  Donna could not conceal that she was furious. Garcia knew that she wasn’t used to being overruled by Nichols. Round two in Garcia v. Burns, like round one, went to Garcia.

  CHAPTER TEN

  INTEROFFICE POLITICS

  Wednesday, December 20, 1995

  Davis drove with the tan top of his black Eldorado down even though it was late December and a bit colder than usual for Nashville. To compensate, he had the heater on full blast. It was only six fifteen, and it was still pitch black outside.

  Tim Tisdale was parked in front of the building in his sky blue pickup. Davis, wind blown, his longish sandy hair in disarray, ran his hands through his hair trying to return some degree of control. He knew it was a waste of time.

  He surveyed the construction site. It was a mess, equipment everywhere, but a shell of a structure where the parking lot once had been was sticking up in the air.

  “Hey, Tim, how’s our progress?” he asked the lanky contractor.

  “The tricky part’s done,” Tim replied. “We’ve got county approval of the ventilation system. That cost an extra $3,500 to expedite.”

  “What the hell are you talking about?”

  “It cost us $3,500 to get to the top of the inspection list. Otherwise it would have taken more than a month to get approval. Your client was in a rush, so I did what it took to get those bureaucrats out here. It will be a line item on the bill. Do you have a suggestion, Counselor, as to what I should call it?”

  Tisdale deserved an answer. “Call it an expediting fee.”

  Davis was glad that he was only an accessory after the fact to Tisdale’s bribery. Unfortunately, backroom politics and friendly green gestures were still how things were done in Nashville. Morty was a master at it; he didn’t invent it, but he certainly perfected it. People all over Nashville owed
Morty a favor. He collected them and, when necessary, cashed them in. Whenever possible, Davis deferred to Morty, so he could keep his hands clean.

  “Do you think you’ll be finished by the 18th deadline?”

  Davis knew what Tisdale was going to say before he even opened his mouth. He’d never met a contractor yet who wouldn’t promise a job on time, but this time there was a $10,000 bonus if he did. It was Davis’s idea, but he didn’t think Tisdale would earn it. There was also a penalty clause in the contract if Tisdale didn’t finish by February 1st. Every day the punch list wasn’t completed cost Tisdale $500. Tisdale was motivated to finish on time.

  Davis said good-bye and entered the construction zone through the double plastic curtains and went into the office.

  Donna met him in reception. She said, “He’s waiting in his office. He can only give you a few moments. He’s got a crazy day.”

  “He wanted me to show my face as a motivator for Tisdale. I think it worked. He’s at least promising to get done by the 18th. It would probably be best if he got done around the 20th, but I won’t begrudge him his bonus if he gets done on time.”

  Davis went on back, knocked on Nichols’s door, and entered after he was acknowledged.

  “Hello, Peter, I’m here as requested. What can I do for you?”

  “Donna and Charlie aren’t getting along, both personally and professionally.” Nichols described several of their encounters. “I know he’s young, but he’s motivated and knows how to close a deal. The patients love him.”

  Davis said, “I know this kid’s going to make you money, but he doesn’t know anything about running a practice. Donna’s done an incredible job for more than twenty years. She knows what she’s talking about, and her instincts are good.”

  Davis knew what he was talking about. He’d worked closely with Donna the last ten years, and he recognized what an important part she’d played in Nichols’s success.

  He advised, “Make sure Donna doesn’t think you’re taking Garcia’s side against her. Remind her that he’s young and inexperienced, and ask her to be tolerant while the two of you teach him the ropes.”

  Davis felt that good advice might minimize the tension in the office. Bottom line, Donna didn’t like anyone challenging her authority. She’d operated without any interference for more than twenty years. Davis knew she wasn’t going to take a lot of guff from anyone. He made a mental note to follow up. He left Nichols, got back in his car still with the top down, drove off with the exhaust spewing white smoke, and sped down Music Row.

  An interesting Nashville landmark, it began with the Spence Manor Hotel and its guitar-shaped swimming pool where Elvis skinny-dipped, and at the other end was Belmont University. The residential neighborhood converted to recording studios and small music companies, with a few modern high-rises that housed the larger record labels.

  He parked in the Commerce Street Garage, walked down Printer’s Alley to the back door of his office building, and got off at the eighth floor.

  As soon as he walked into the office, Bella and Sammie bombarded him with questions.

  “Let me get my coat off, and please pour me a cup of coffee.”

  The two women gave Davis his requested breathing room. They knew what he was like until he had his third cup of coffee.

  Sammie sat down at the table in Davis’s private office and waited for him to return from the kitchen. He sat down, and with her yellow pad in hand, she started rattling items off her list. The list changed daily as tasks were completed and new tasks arose.

  “I’m ready to close the Lillian Nichols estate. I have the final accounting for Dr. Nichols’s signature and the final order for the judge. If I’d known you were going there this morning, I would have given it to you last night. Why’d you go to his office?”

  “Office politics. Donna and Dr. Garcia aren’t getting along.”

  “That doesn’t surprise me.”

  “Why’s that?”

  “Let’s just say that Dr. Charles Juan Batista Garcia is used to getting his own way and that he doesn’t understand the meaning of no.”

  Davis decided to drop the subject. His niece was a grown woman, who was also used to getting her own way and also didn’t like to hear no. Despite her stubborn streak, which she probably inherited from him, he was so proud of her. She was smart, dedicated, and had not one, but two great teachers. Davis actually envied Sammie. Morty had the time to really mentor her, which he didn’t have when Davis showed up in 1975.

  Law school made demands on her time, but the Benjamin Davis Law Firm was her passion. She tried to make all of her classes but missed some. There were no periodic tests or midterms—just a final exam. Sammie wasn’t shooting for top ten of her class, Order of the Coif, or Vanderbilt Law Review. Her goal was to graduate in the middle of her class and log in three years of hard work at the office and learn ten times more from her uncle and Morty. Just watching and listening to the two of them were the best possible education. What was going on between Donna and Garcia was just another learning opportunity.

  “Call Donna and find out a good time for me to stop by, meet with Dr. Nichols to review the accounting, and get his signature.”

  Sammie was told that Davis should come by the office at seven the next morning.

  Davis was right on time, and Nichols browsed through the document and signed it.

  As Davis was leaving, Donna ambushed him and asked if they could talk. “There’s something wrong with Dr. Garcia, but I can’t put my finger on it yet.”

  “Dr. Nichols told me the two of you weren’t getting along. You need to create and maintain boundaries. The operating room is his bailiwick, and the office is yours. You should both stay out of each other’s way.”

  “I’d be willing to do that, but he insists on invading my sphere of influence.” She was very upset.

  Davis asked, “What’s going on?”

  “I don’t trust him. He’s so charming. Everybody is completely snowed by him, except me. Dr. Nichols looks at him and sees dollar signs. I see trouble.”

  Davis thought that Donna was a good judge of character. He told her, “Just keep an eye on him. If you have any concerns, call me and I’ll help protect the practice and Dr. Nichols from himself.”

  “You know I think the world of Dr. Nichols. He’s very excited about the addition of Dr. Garcia. It’s blinded him. It’s not all about the money. Dr. Nichols believes that by adding young blood he can keep the practice going and despite his retirement continue to serve his patients.”

  Davis was sure that Donna had only the practice and Dr. Nichols’s best interest at heart.

  CHAPTER ELEVEN

  MERRY CHRISTMAS

  Thursday, December 21, 1995

  It was a few days before Christmas, and based on office scuttlebutt, Garcia learned that it was tradition at the office to close at three and celebrate the holiday together with a lavish party.

  Garcia was impressed. Nichols spared no expense. There were carving stations of turkey, ham, and roast beef. As he watched Nichols in a white chef’s hat and apron skillfully carve the turkey, Nichols announced, “Remember my family was in the deli business for fifty years. I learned as a boy.”

  There was also a full bar with bartender. Garcia asked for a Jack on the rocks. Earlier in the day Nichols volunteered that historically the same staff drank too much. Based upon experience, Nichols arranged for several cabs to be on call to take staff home. Garcia thought that was a good idea; it avoided DUIs and liability of the practice. Several years ago Davis insisted on the cabs because of the dram shop law, which imposed liability on a party host if drunken guests injured someone or even themselves. The decision allowed the party to continue, and this one was shaping up pretty well.

  Garcia couldn’t have been happier with Nashville or Nichols’s efforts to introduce him to the town. The start of their business relationship exceeded Garcia’s every expectation. In fact, Nichols invited Garcia to his house for the holiday, but Garc
ia had already booked a flight to New York to be with his parents.

  Someone turned up the music, and several people started dancing in place. Nichols walked over to Garcia and said, “Merry Christmas. So what do you think of our little luncheon?”

  Nichols turned around and, looking at his staff rather than Garcia, commented, “They’re a great group of people.”

  Just then Robyn burst out laughing and spilled her drink on herself and the floor. Garcia watched as Nichols’s face got stern and Donna used a paper towel to clean up the spill.

  Garcia remarked, “Robyn may be having too good a time. I don’t think she drinks too often.”

  He wasn’t aware she had a real problem. Nichols hadn’t discussed with Garcia Robyn’s addiction problem. He wanted Robyn to have a clean slate with the other employees. Donna knew, but that was it.

  Garcia’s contact with the beautiful young woman had been only in passing by her in reception. He’d admired her. It was impossible to ignore her, but he was so busy that he’d not had the time to use his charm on her.

  Nichols made a mental note to sit Robyn down and read her the riot act. He thought she’d not only stopped drugs but alcohol as well. The fact she was drinking angered and surprised him. He had the number of her sponsor, and he decided he’d use it. He wondered if this was a one-time momentary lapse because of the holiday party or an indication of something else. He felt responsible for the young woman. After all, he made a promise to Valerie Daniels to keep an eye on her sister. Deep in thought, Nichols didn’t respond immediately.

  Garcia remained silent, which made the moment more uncomfortable.

  Finally, Nichols spoke, “That’s what the cabs are for, I guess. Say, before you leave I wanted to give you this Christmas present. Buy something nice for yourself.” He reached into his inside coat pocket and pulled out and handed Garcia a beige envelope with the new Nichols & Garcia logo. It was the same logo that hung behind the reception desk and was newly embossed on their stationery. It also had appeared in several of the latest newspaper ads. Nichols kept his promises. He promised Garcia he’d develop a recognizable brand that they’d both be proud of.