by A. Turk
Davis turned to Dudley and asked, “What’s the status of Pierce’s indictment?”
Dudley turned a little red, and his voice squeaked, “The DA’s office is getting cold feet. No body, no murder. Pierce is screaming harassment because she beat the Garcia murder charge. She claims her ex wanted visitation with their son, and when she refused he fabricated his own death. Her claims that he was a worthless addict and drunk have been confirmed. He was off the grid for years, and the DA’s office thinks he faked his death and went off again.”
“What about the letter? Smith went to a lot of trouble to set this up. Do they really think that letter is some elaborate hoax to create problems for Pierce?”
“I can’t tell you what they’re thinking, but she won’t be indicted.”
Dudley stood, shook Davis’s hand, and left on that disappointing note.
Davis sat there fuming to himself, “That bitch is going to get away with murder. It was bad enough when she bent the rules to get Garcia off his murder charge. Then Garcia, by his own hand, escaped serving a day in either a Kentucky or a Tennessee prison. Is the system just falling apart? Is justice truly blind?”
Feelings of discouragement started to weigh Davis down, threatening to overwhelm his holiday spirit. Then he remembered all of the clients he'd helped. Some were all about the money, but others were life-changing events. He’d made a difference in the lives of his clients time and again. He was a great lawyer, who’d been taught to operate in a broken and flawed system. His job was to fight for his clients within the bounds of the law and ethics and to always try to do the right thing.
GLOSSARY
OF LEGAL TERMS
Answer—the responsive document filed by a defendant to a complaint.
Attorney pro tempore—appointment of private citizen as a special prosecutor.
Bad faith—when an insurance company has an opportunity to settle within its insured's policy limits and fails to do so.
Beneficiaries—the parties who receive money or property under a will.
Beyond a reasonable doubt—the burden of proof in a criminal case. The highest possible burden of proof, no other logical alternative.
Breach of contract—when a party to a contract materially fails to perform.
Co-executors—two parties who jointly administer an estate.
Complaint—the document that starts a lawsuit and spells out what the defendant did wrong.
Counterclaim—when the defendant turns around and sues the plaintiff who brought the lawsuit.
Cross-examination—when the opposing attorney asks a witness questions.
Defendant—the party who is sued.
Direct examination—when an attorney puts a witness on the stand and asks questions.
Fiduciary duty—the highest duty that can be owed by one person to another, such as attorney and client.
Guarantee—when one party stands for the debt of another.
Impeachment evidence—when evidence is presented that contradicts evidence already introduced.
Impeachment witness—when a witness contradicts the testimony of a previous witness.
Malpractice—when a professional provides services that are below the standard of care expected of a reasonable professional.
Motion for a directed verdict—when a defendant asks the court to dismiss the charges after the state has closed its proof.
Motion for summary judgment—when a party claims that there are no material facts in dispute, and the case as a matter of law should be decided by the judge, not the jury.
Motion in limine—preliminary motion filed by a party to resolve evidentiary issues prior to trial.
Negligence—an act or omission that falls below the standard of care expected of a reasonable person.
Non-compete clause—a contractual provision that prohibits an employee from working in competition with a former employer within a certain geographic area for a specific amount of time.
Non-solicitation clause—a contractual provision that prevents an employee from hiring an employee or customer of a former employer for a specific amount of time.
Overruled—the judge disagrees with the objection made by an attorney.
P.C.—a professional corporation, where only licensed professionals can be shareholders.
Plaintiff—the party that brings the lawsuit.
Preemptory challenges—each party is given a predetermined number of elections to release a juror for an unexplained reason, just because that side wants to.
Preponderance of the evidence—the burden of proof in a civil case. The successful party must tip the scales of justice just over 50%.
Probate of estate—the filing of a will so the assets can be distributed to the beneficiaries.
Recklessness—conscious disregard for the safety of others.
Recross examination—when an opposing counsel gets to question witnesses.
Redirect examination—when an attorney gets a second chance to ask his witness questions.
Respondent superior—an employer is liable for the acts of employees within the scope of their employment.
Sequester—when a judge in his or her discretion limits a jury's access to information and publicity about the case. The jury, when not in the courtroom or jury room, is excluded from others, usually in a hotel or motel.
Sustained—the judge agrees with the objection raised.
Ultra vires acts—an employer is not liable for the acts of employees outside the scope of employment.
ABOUT THE AUTHOR
A. Turk was born in 1954, in Brooklyn, New York, and he grew up on Long Island. He earned a BA from George Washington University, an MBA from the Vanderbilt Owen Graduate School of Business, and a JD from Vanderbilt School of Law. He was licensed to practice law in Tennessee in 1980. In 1983 he also was licensed, but never practiced, in New York because of a promise he made to his mother.
A. Turk for more than thirty years was a prominent Nashville attorney and a veteran of fighting courtoom battles. He garnered national media attention in 1994 when he won a unanimous US Supreme Court decision, which held that 2 Live Crew’s parody of Roy Orbison’s song “Pretty Woman” did not require a copyright license. With the support of NBC, HBO, Time Warner, Mad Magazine, and others, A. Turk won this landmark case preserving the right of commercial parody under the Fair Use Doctrine.
A. Turk in 2010 retired to begin his second career as an author of courtroom dramas based upon his personal experience. First Do No Harm was A. Turk’s debut novel, where he introduced his fictitious alter ego, Benjamin Davis. Second Degree is the second installment of the Benjamin Davis Series, which will explore and address the same legal issues and moral dilemmas that A. Turk faced during his legal career.
A. Turk has been married to his wife, Lisa, for thirty-four years, and they have two adult children, Jessica and Ben, as well as two pugs, Neuman and Cosmo. A. Turk currently splits his time between Nashville, Aspen, and Highland Beach. Mr. Turk has already begun working on the next installment of the Benjamin Davis Series, which he hopes to release in 2015.
ACKNOWLEDGMENTS
The release of Second Degree validates there is a Benjamin Davis Series; two books are a series.
In writing Second Degree, I followed the same process used when I wrote First Do No Harm, my debut novel. I finished the first draft of Second Degree while living in Highland Beach, Florida. Every day I sat on a deck and wrote while staring at the Atlantic Ocean.
I then submitted my manuscript to thirty-one friends and friends of friends. These Focus Group members were divided into three groups, who met independently in Nashville, Memorial Day week 2014.
The three Focus Groups provided consistent criticism, which I accepted, and those changes impacted the final product. There were also significant differences of opinions and heated discussion from which I gained insight. Several members raised unique points that were made and incorporated in the final manuscript.
Detailed notes were
taken at each Focus Group meeting by my daughter, Jessica, my editor, Dimples, and me. I took those notes with me to Aspen and rewrote my manuscript several times. From pool side looking at the Snowmass Mountain, I completed Second Degree.
I would like to thank my Focus Group participants: Denise Alper, Amy Anderson, Robert Anderson, Gayle Brinkley, Brandon Bubis, Martin Bubis, Anita Dowdle, Doug Dowdle, Amy Flynn, Charles Patrick Flynn, Mary Forsythe, Tom Forsythe, Karen Goldsmith, Steve Goldsmith, Elliot Greenberg, Jay Lefkovitz, Steve Lefkovitz, Adam Little, Laura Little, Dee Ann Melton, Paula Milam, Tom Milam, Terry Murray, Ben Rosario, Kristin Rosario, Tommy Thompson, David Tiner, Janina Tiner, Kate Vorys, and Becky Waldrop.
As a practicing attorney, I’ve come to appreciate the importance of relying on experts to polish and present your case. I’d like to thank my editor Dimples Kellogg for her contribution to my finished work. I’d also like to thank Dan Swanson for the cover and Darlene Swanson for formatting the book.
My daughter, Jessica, was my collaborator throughout my process and my strongest critic. I love her and thank her for her contribution.
I’m proud of Second Degree and the Benjamin Davis Series. I’ve begun the third installment in the series, titled Third Coast. Thank you for reading and for giving your continued support.
A. Turk
