by Susan Rieger
Maybe I should have a fling. Why wait for Harry to come round, or not come round? Jake always says self-knowledge only takes you so far. What is it Catholics call it? A firm purpose of amendment. I’ll work on it.
Love,
Sophie
P.S. But I do feel badly, very badly, about Harry.
Hello
* * *
From: Sophie Diehl
To: Harry Mortensen
Date: Wed, 19 May 1999 23:33:13
Subject: Hello 5/19/99 11:33 PM
Dear Harry,
I’ve not been a good friend. I’m sorry. If there’s some way I can help, something I can do, please call me.
Sophie
TRAYNOR, HAND, WYZANSKI
222 CHURCH STREET
NEW SALEM, NARRAGANSETT 06555
(393) 876-5678
MEMORANDUM
Attorney Work Product
From: Sophie Diehl
To: David Greaves
RE: DED v. MMM: Counteroffer; Billable Hours
Date: May 20, 1999
Attachments: Letter to RK with Counteroffer
DED v. MMM: Summary Statement on Counteroffer
ASD Time Sheet
Here is the counteroffer to Dr. Durkheim’s offer. I gave it one more go-round.
I’ve interpreted “equitable distribution” to mean “equal distribution.” I’ve split everything down the middle, including his annual income. The saving clause is that two people will live on one half and only one on the other. How can Dr. Durkheim complain? In working this distribution, I’ve upped the ordinary alimony to $60,000 a year. We can go down to $48,000, as I outlined in the bottom-line offer, during negotiations, and perhaps give him a larger share of the assets. We can also give up the reimbursement alimony, or a part of it, but not the rehabilitation alimony for law school.
I didn’t say, though I’m tempted, that the valuation on the Martha’s Vineyard property was pure fantasy. Kahn’s too cheap to have an appraisal done; as Ms. Meiklejohn said aptly, if rudely, he pulled the figure out of his butt.
Ms. Meiklejohn will be coming in on Monday afternoon to review the letter and offer. I expect them to go out to Kahn on the 25th.
I’ve included here my Time Sheet on the Meiklejohn case. Let me know if it’s okay, and I’ll prepare her bill. I’ve racked up 31 hours and change. Is it too large? I included the time I spent researching and writing the memo on Valuing a Medical Degree. Should we eat those ten hours? As we know, a real divorce lawyer (Fiona!) would have known about that. Our fact situation is very different, so the argument is somewhat different, but it makes me a bit uneasy (and of course, I still feel stupid). Will you be billing for your time too? Do you want me to prepare a combined bill? And will you be charging only $150 an hour, as the agreement provides? Isn’t your regular fee at least twice that? If you get your hours to me by noon on Monday, I can include them in the bill for Ms. Meiklejohn. I’m nervous about this. (Can you tell?) I’ve never before handed a bill to a client. My stepfather, Jake, does it all the time. One of his patients would regularly pay him in cash, counting out the twenties, licking his thumb as he did it. Like paying a whore, Jake said. (This is a betrayal of the physician-patient privilege, once removed. Don’t tell anyone I told you.)
TRAYNOR, HAND, WYZANSKI
222 CHURCH STREET
NEW SALEM, NARRAGANSETT 06555
(393) 876-5678
ATTORNEYS AT LAW
May 25, 1999
Ray Kahn, Esq.
Kahn & Boyle
46 Broadway
New Salem, NA 06555
Dear Mr. Kahn:
I am responding on behalf of Ms. Maria Meiklejohn to your settlement offer of April 19. I will be direct. Dr. Durkheim’s proposal is unacceptable in every respect. I will start with custody. While Ms. Meiklejohn expects to share legal custody of their daughter, Jane, with Dr. Durkheim, she will be asking for and has every reason to believe she will be awarded physical custody. I refer you to the Narragansett’s Supreme Court opinion in Paynter v. Paynter, 278 Nar. 487 (1991), and the Primary Caretaker Rule. Second, Dr. Durkheim’s offers of spousal and child support are patently inadequate and inequitable. He has offered to pay $24,000 in child support, $36,000 in alimony, and $14,000 in tuition fees, for a total payout of $78,000. The following chart shows the grossly unequal net financial consequences of this offer for the two parties.
Income Dr. Durkheim Ms. Meiklejohn
Husband’s Salary $370,000
Taxes, Soc Sec (80,000)
Child Support (24,000) 24,000
Spousal Support (36,000) 36,000
Taxes (12,000)
School Fees (14,000)
Net Income $216,000 $48,000
Under his offer, Dr. Durkheim winds up with 450% more money than his wife and daughter. Our counteroffer works an equitable distribution. It includes: child support, ordinary alimony, reimbursement alimony, and rehabilitation alimony. Ms. Meiklejohn will be asking for reimbursement alimony of $100,000, representing the support she provided Dr. Durkheim for the years 1982 to 1987 while he was pursuing his postgraduate training. His salary went entirely for child support to his son from his first marriage. The expectation is that the reimbursement alimony will be paid out over 10 years, at $10,000 a year. The request for reimbursement alimony is made in lieu of a request for a share of the value of Dr. Durkheim’s medical degree. Ms. Meiklejohn is asking for rehabilitation alimony so that she might attend law school, at Mather if possible. The expectation is that remarriage or death will terminate ordinary alimony but not rehabilitation or reimbursement alimony.
Laura Bucholtz of RealProperties Inc. has appraised the family residence at 404 St. Cloud at a current market value of $525,000. Upon sale, broker’s fees and closing costs will come to approximately $35,000, leaving $240,000 in net equity. Ms. Meiklejohn is asking for one-half.
Ms. Meiklejohn will ask for one half of the couple’s investments and retirement funds. She will relinquish the $16,000 remaining in the joint savings account to Dr. Durkheim in recognition of his inheritance from his parents. All of these funds and investments were accumulated during the couple’s 17-year marriage.
Ms. Meiklejohn’s proposal is premised on the principle of equitable distribution as formulated last year by the Supreme Court of Narragansett in Lemon v. Lemon, 293 Nar. 966, 973 (1998), and shaped by the tax consequences of child support and alimony. The proposal recognizes Ms. Meiklejohn’s contributions to Dr. Durkheim’s outstanding medical career, the annual gifts from Ms. Meiklejohn’s father over the last 16 years, and Ms. Meiklejohn’s loss of employment opportunities occasioned by the relocation to New Salem.
All of the terms of this proposal are subject to the discovery request filed on April 27 and assume that Ms. Meiklejohn is in possession of a complete and accurate statement of Dr. Durkheim’s assets and income.
No mention is made in this proposal of Ms. Meiklejohn’s interest in the Mather Estate in Aquinnah, formerly Gay Head, on Martha’s Vineyard. Dr. Durkheim has no right to or claim on the Estate.
The following chart indicates the effect of the proposed agreement during its first year.
Income Dr. Durkheim Ms. Meiklejohn
Salary $370,000
Taxes, Soc Sec (60,000)
Child Support (72,000) 72,000
Ordinary Alimony (60,000) 60,000
Rehabilitative Alimony (30,000) 30,000
Reimbursement Alimony (10,000) 10,000
Tax on Alimony (35,000)
Net Income $138,000 $137,000
After three (3) years, Dr. Durkheim would no longer have to pay rehabilitation alimony and his ordinary alimony would likely be substantially reduced if not eliminated. We look forward to hearing from you.
Yours,
Anne Sophie Diehl
Maria Mather Meiklejohn and Daniel E. Durkheim
Proposed Settlement: Summary Statement
Custody
Physical Custody: sole to
Maria Meiklejohn
Legal Custody: joint to Maria Meiklejohn and Daniel Durkheim
Child Support
Daniel Durkheim to pay $72,000/year for seven (7) years (through high school); Maria Meiklejohn to pay school fees
Daniel Durkheim to pay $24,000/year until Jane’s graduation from college or 23rd birthday (whichever is earlier)
Escalator clause tied to Daniel Durkheim’s salary
College Costs
Daniel Durkheim to pay all college costs (tuition, room, board, books, miscellaneous expenses)
Ordinary Alimony or Spousal Support
Daniel Durkheim to pay $60,000/year to Maria Meiklejohn for seven (7) years from signing or terminating event
Qualification: Daniel Durkheim to pay up to $60,000/year, reduced dollar for dollar by Maria Meiklejohn’s salary
Terminating event: remarriage
Escalator clause tied to Daniel Durkheim’s salary
Rehabilitation Alimony
Daniel Durkheim to pay $30,000/year to Maria Meiklejohn for three (3) years for law school tuition Terminating event: nonattendance at law school
Reimbursement Alimony
Daniel Durkheim to pay $100,000 over 10 years at $10,000/year
No terminating event
Medical Insurance
Maria Meiklejohn to pay $3,200 for COBRA account on Daniel Durkheim’s policy
Family Residence: Current Value: $525,000; Net Equity: $240,000 Daniel Durkheim to receive $120,000; Maria Meiklejohn to receive $120,000
Maria Meiklejohn to receive her share from stock market investments if house kept by Daniel Durkheim
Daniel Durkheim’s TIAA-CREF Retirement Accounts: $600,000 Daniel Durkheim to receive $300,000; Maria Meiklejohn to receive $300,000
Daniel Durkheim’s 401(k) Plan: $300,000
Daniel Durkheim to receive $150,000; Maria Meiklejohn to receive $150,000
Stock Market Investments: $700,000
Daniel Durkheim to receive $350,000; Maria Meiklejohn to receive $350,000
Treasury Bills: $90,000
Maria Meiklejohn to receive $45,000; Daniel Durkheim to receive $45,000
Joint Savings Account: $16,000
Daniel Durkheim to receive $16,000
Given in recognition of Daniel Durkheim’s $16,000 inheritance
TRAYNOR, HAND, WYZANSKI
222 CHURCH STREET
NEW SALEM, NARRAGANSETT 06555
(393) 876-5678
TIME SHEET
Attorney Work Product
Client: Maria Mather Meiklejohn
Attorney: Anne Sophie Diehl
Date: May 21, 1999
Rate: $150/hour
Date Item Hour(s)
3/17/99 Interview with MMM 1
Write-Up of Interview 1½
3/29/99 Meeting ASD & DG ½
Write-Up of Memo on Meeting 1
Drafting Recusal Letter to MMM n.c. (½)
4/5/99 Drafting Memo to DG on Next Steps 1
Drafting Acceptance of Summons, Etc. ¼
Meeting with MMM ½
4/6/99 Drafting Letter to RK Re: Automatic Orders 1
Phone Conversation with MMM Re: Withdrawing Money ¼
Drafting Letters to Financial Institutions 1
4/7/99 Drafting Addendum to Fee Agreement ½
4/8/99 Meeting with MMM Re: Addendum to Fee Agreement 1½
Preparing Statements: Income/Expenses, Assets/Liabilities 1½
4/23/99 Phone Conversation with MMM Re: Settlement Offer ¼
Preparing Memo on Conversation 1
Research on Value of Medical Degree 3 (?)
Drafting Memo on Value of Medical Degree 3 (?)
4/27/99 Drafting Letter to MMM on DED Settlement Offer 1
Letter to RK Re: DED Settlement Offer 1
Preparation of Discovery Request 1
5/5/99 Meeting with MMM on DED Settlement Offer 1½
5/7/99 Drafting Bottom-Line Settlement Offer 3
5/10/99 Review of Bottom-Line Settlement Offer ¾
5/12/99 Drafting Letter to MMM Re: Bottom-Line Settlement Offer 1
5/20/99 Drafting Letter to RK with Counteroffer 2
5/21/99 Review of Counteroffer 1
Total Hours 31½
Bill $4,725
TRAYNOR, HAND, WYZANSKI
222 CHURCH STREET
NEW SALEM, NARRAGANSETT 06555
(393) 876-5678
MEMORANDUM
Attorney Work Product
From: David Greaves
To: Sophie Diehl
RE: Maria Meiklejohn
Date: May 21, 1999
Attachments:
I approve your letter and settlement offer. Send it to Kahn if Ms. Meiklejohn approves, but be prepared for fireworks. Dr. Durkheim will be seriously displeased. I begin to think Ms. Meiklejohn is very canny. She sized you up at a glance and decided that you would be the perfect foil to someone like Kahn. You’re not a member of the club; you’re young; you’re inexperienced; you don’t know the rules or won’t play by them. There’s a kind of formal minuet divorce lawyers dance. You’re doing the tango, and Kahn & Co. don’t know the steps. You come at them with a nothing-to-lose-I-don’t-give-a-damn attitude.
Your hours look fine, including the adjusted time put in on the M.D. memo. The issue still hasn’t been decided by an appellate court in Narragansett, Petrus is still pending, and your memo speaks to the Meiklejohn’s particular fact situation, which is unusual. It’s a win-win situation for us. If they go along, Ms. Meiklejohn will get $100,000 for $900 worth of work, an excellent return on the time spent. And if they balk, it gives us something to give up in the negotiations. I’ve given your Time Sheet to Hannah; she already has mine. I’ll be billing at $150, and I’ve made adjustments so that Ms. Meiklejohn won’t be double-charged. Hannah will prepare the bill for you to give Ms. Meiklejohn at your meeting Monday. And we don’t accept cash, ever, to avoid even the appearance of money laundering. Still, our clients find ways to insult us. One of these days, the honeymoon with Ms. Meiklejohn will come to an end and she’ll turn on you, if only briefly. They always do, or almost always. As I said in my article, in divorce, there are very few satisfied customers.
Which brings me to your May 12 letter to Ms. Meiklejohn. “We lawyers traffic in human misery; we make our money off of it.” In the future, save that kind of observation for Joe or one of the other cowboys upstairs, over a beer. A remark like that invites contempt for the profession and displays a corrosive cynicism about lawyers, which in the long run can only damage the lawyer-client relationship. If you don’t respect what you do, neither will she. Remember, she’s not a friend or a colleague but a paying client who wants to think she’s hired a competent professional to protect her interests.
Maybe you should take a week off and go somewhere tropical. You don’t seem quite yourself. What is it about this divorce that’s getting to you? As I recall, you defended a child murderer without blinking.
TRAYNOR, HAND, WYZANSKI
222 CHURCH STREET
NEW SALEM, NARRAGANSETT 06555
(393) 876-5678
TIME SHEET
Attorney Work Product
Client: Maria Mather Meiklejohn
Attorney: David Greaves
Date: May 21, 1999
Rate: $150/hour
Date Item Hour(s)
3/16/99 Preparing Memo to ASD on Divorce Interview n.c. (1)
3/23/99 Review of Interview Documents n.c. (1)
Preparing Memo to ASD on Representation n.c. (¼)
3/29/99 Meeting ASD & DG ½
Review of ASD Recusal Letter n.c. (¼)
Memo to ASD on Recusal Letter to MMM n.c. (¼)
4/5/99 Review of Official Documents ¼
Memo to ASD on Proposed Next Steps 1¼
4/6/99 Review of MMM Letter & Memo ¼
Review of Draft Letter to RK ¼
Review of Draft Letters to Financial Institutions ¼
4/22/99 Revi
ew of DED Settlement Offer & Letter from RK ½
Memo to ASD on DED Settlement Offer ½
4/27/99 Drafting Response to RK on DED Settlement Offer ½
Preparing Discovery Requests ½
5/3/99 Review of MMM Letter on DED Settlement Offer ¼
Preparing Memo to ASD on MMM Letter ¼
5/10/99 Review of Draft MMM Counteroffer ½
Preparing Memo to ASD on MMM Counteroffer ¼
5/21/99 Review of Letter to RK and Final MMM Counteroffer ½
Total Hours 6½
Bill $975
TRAYNOR, HAND, WYZANSKI
222 CHURCH STREET
NEW SALEM, NARRAGANSETT 06555
(393) 876-5678
BILL FOR SERVICES
Attorney Work Product
Client: Maria Mather Meiklejohn
Rate: $150/hour
Period: 3/16/99 to 5/21/99
Date: May 21, 1999
Attorney: David Greaves 6½ Hours $975
Attorney: Anne Sophie Diehl 31½ Hours $4,725
Total: $5,700
TRAYNOR, HAND, WYZANSKI
