(2012) The Court's Expert

by Richard Isham

  Bernadette Collins played a bigger role in Malone’s life, and he stopped drinking after receipt of the first installment on the fee agreement, finally fulfilling a stale promise made to himself but never implemented over many years. It was amazing how his life focus changed once the vodka leached out of his system, and he recognized that the little time he could steal from his law practice was too precious to waste on vices. He was certain now that Bernie became even more beautiful as he grew to appreciate and cherish the charitable spirit of his endearing soul mate.

  Lupe Figueroa and her half-siblings became acquainted and were good companions to one another. After all, having an attorney in the family had its advantages. She finished law school, passed the bar, and took a position in the Tulare County Public Defender’s Office in Visalia. Malone made one offer after another to her to join him in private practice, but she declined while indicating her willingness to reconsider his offer once she felt she had learned enough about criminal law practice in her current position. When the time came, Lupe accepted an offer from the Martorano Farming Corporation to become general counsel for the enterprise with backup from Corrigan’s law firm as needed. She and her grandparents were warmly received at the family reunions in Three Rivers, where everyone enjoyed the meals prepared by Marti Barnes.

  Had Martorano lived to see Guadalupe welcomed into his family, he surely would have been gratified. He might have forgiven himself and gained relief from his bad conscience over his failure to execute when it was critical for him to do so. Ironically, his inaction permitted Guadalupe to grow in the love of her mother’s family and later to form solid bonds with her father’s as well. She spoke fluent Spanish and was fully vested in her Hispanic culture. She regretted deeply the loss of Martorano’s direct paternal love during his lifetime, but understood the concerns of her grandparents.

  Irony could also be found in the plight of Marti Barnes and the final solution to her ordeal. A life-care agreement, properly drafted and signed before Martorano died, might have led to a negotiated purchase by the estate with Barnes accepting a sizeable amount to release her interest in the mountain property after his death. Barnes might have gone on her way without further contact with the family and the gorgeous getaway. Fate produced a vastly different result for her.

  Barnes lived on the property for nearly fifteen more years before her age and health conditions required that she relocate to an assisted-living facility in Visalia. Bill was the first to suggest that the farming company purchase the unit and provide it to Marti for the remainder of her life. She had already formally waived her claim to any permanent interest in the Three Rivers property and was paid handsomely during the period she worked on site. Farrington’s novel solution, once implemented, prevented any long-term damage coming to the estate (the risk of losing the mountain retreat forever was eliminated in the settlement), and Marti Barnes enjoyed a loving relationship with the family that she would likely have missed otherwise.

  Bill was in full control of the farming enterprise as his siblings were busy with their careers away from agriculture when the estate was closed and distributed. Bill continued to serve effectively as chief executive officer of the farming company, which was incorporated with the help of one of Corrigan’s law partners. Shares in the business were distributed equally five ways including Lupe. Her tenure in the public defender’s office was long enough to provide her with a solid foundation in the practice of criminal law, yet she moved on to other experiences and used her trial experience effectively on behalf of her corporate client while developing competence in the practice of civil law. Fineman was always available to provide support and to give an occasional word of encouragement when the going would get tough.

  Corrigan’s career took a sharp turn two years later. He received an appointment to the federal bench in San Francisco. The lifestyle change for both Judge and Ms. Corrigan was dramatic. They found they had weekends together and made the most of them, sorting through opportunities for excursions away from daily responsibilities on the bench. Most importantly, they rediscovered the magnetism that had attracted them to one another initially.

  Aaron Fineman maintained his office in Westwood. He had taken a contingent-fee contract from Lupe in order to handle her heirship claim, and after the final numbers were submitted, his fee arrangement entitled him to one-third of the estimated fifteen-million-dollar value his efforts produced for his client. Lupe was fully prepared to meet her obligation, but Fineman announced that he was repudiating the contingent-fee agreement in favor of something more appropriate now that everyone knew what the actual numbers were. He told Lupe he would be fully satisfied with a fee of one hundred thousand dollars. She giggled and told him she would not pay anything less than a quarter million dollars. He agreed without further discussion, and they embraced in a heartfelt father-daughter kind of hug lasting for many moments.

  Dr. Borodin earned every nickel of her fee of thirty-five thousand dollars that was paid from the assets of the estate. Fineman could have argued about the propriety of the arrangement, since his client wound up supporting this expense (20 percent anyway) that only benefited Marti Barnes. But upon further reflection, he realized that Barnes did not surrender the cancelled check and photograph until she felt she was seeing light at the end of the tunnel of her long struggle for vindication, thus he determined not to pursue the point. His client had no interest in becoming contentious over such an issue.

  Dr. Borodin continued pursuing her deep interest in research and academics, where she had minimal contact with patients and maximum exposure to her laboratory, thriving and living her dreams. She never completely wrote off the notion of taking another husband following the failure of her only marriage, yet she knew she was very fussy. She continued her search for the right match and rather enjoyed the freedom to sample the market.

  She received numerous inquiries from litigants and their attorneys about her experience serving as the court’s expert. News of Judge Crouch’s order traveled throughout the state within the rather small circle of professionals following such matters. Borodin preferred working for judges rather than parties and their attorneys. She educated herself concerning the issues in the case and had the latitude to make a thorough investigation before forming any final opinion. That approach was not open to experts when litigants and their legal representatives came calling to inquire about retaining assistance in support of some pre-ordained conclusion.

  Augustus Farrington mediated many more civil cases well into the ninth decade of his life. When he announced his plans to retire, he was met with a firestorm of protest from supporters who bitterly complained they did not know how they would ever find anyone to replace him. Nonetheless, he kept his promise to back off mediation assignments to enjoy travel about the country for theatre and musical performances.

  He would miss the hustle of “setting them up in the next alley” and shooting for the rare and illusive perfect game. Yet he was satisfied that his sixty-plus years in the legal trenches had treated him well.

  Table of Contents

  The Court's Expert

  Contents

  Prologue

  Litigator

  Finni’s Ristorante

  Fresno State Campus

  Tule Fog

  Semester’s End

  Diagnosis

  Recovery

  Treatment Begins

  Tragic News

  Home in Three Rivers

  Barnes the Caregiver

  Client Interview

  Guilty Client?

  Summary Judgment

  Court’s Expert

  Status Conference

  Mediation Conference

  Deposition

  Deposition Resumed

  Further Mediation

  Epilogue

 

 

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