"Well, we represent a Swiss company that recently purchased most of the Tinzo group out of South Korea. You"re familiar with Tinzo?"
"Of course," Mack replied quickly, while his mind racked its memory for some recollection of Tinzo. It did indeed ring a bell, though a very distant one.
"And according to some old Tinzo records, you at one time represented some loggers who claimed to have been injured by defective chain-saws manufactured by a Tinzo division in the Philippines."
Oh, that Tinzo! Now Mack was in the game. Now he remembered, though the details were still not at his fingertips. The cases were old, stale, and almost forgotten because Mack had tried his best to forget them.
"Terrible injuries," he said anyway. Terrible as they might have been, they had never been so grievous as to prompt Mack to actually file suit. He"d signed them up years earlier but lost interest when he couldn"t bluff a quick settlement. His theory of liability was shaky at best. The Tinzo chain-saws in question actually had an impressive safety record. And, most important, product liability litigation was complicated, expensive, way over his head, and usually involved jury trials, which Mack had always tried to avoid. There was comfort in filing divorces and personal bankruptcies and doing an occasional will or deed. Little in the way of fees, but he and most of the other lawyers in Clanton could eke out a living while avoiding almost all risk.
"We have no record of any lawsuits being filed down there," Marty was saying.
"Not yet," Mack said with as much bl.u.s.ter as he could manage.
"How many of these cases do you have, Mack?"
"Four," he said, though he wasn"t certain of the exact number.
"Yes, that"s what our records show. We have the four letters you sent to the company sometime back. However, there doesn"t seem to have been much activity since the original correspondence."
"The cases are active," Mack said, and for the most part it was a lie. The office files were still open, technically, but he hadn"t touched them in years. Fish files, he called them. The longer they sit there untouched, the more they stink. "We have a six-year statute of limitations," he said, somewhat smugly, as if he just might crank up things tomorrow and commence all manner of hardball litigation.
"Kind of unusual, if I must say so," Marty mused. "Not a thing in the files in over four years."
In an effort to steer the conversation away from his own procrastination, Mack decided to get to the point. "Where is this going, Marty?"
"Well, our Swiss client wants to clean up the books and get rid of as much potential liability as possible. They"re European, of course, and they don"t understand our tort system. Frankly, they"re terrified of it."
"With good reason," Mack jumped in, as if he routinely extracted huge sums of money from corporate wrongdoers.
"They want these things off the books, and they"ve instructed me to explore the possibility of settlement."
Mack was on his feet, phone wedged between his jaw and shoulder, his pulse racing, his hands scrambling for a fish file in a pile of debris on the sagging credenza behind his desk, a frantic search for the names of his clients who"d been maimed years ago by the sloppy design and production of Tinzo chain-saws. Say what? Settlement? As in money changing hands from the rich to the poor? Mack couldn"t believe what he was hearing.
"Are you there, Mack?" Marty asked.
"Oh yes, just flipping through a file here. Let"s see, the chain-saws were all the same, a model 58X, twenty-four-inch with the nickname of LazerCut, a heavy-duty pro model that for some reason had a chain guard that was defective and dangerous."
"You got it, Mack. I"m not calling to argue about what might have been defective, that"s what trials are for. I"m talking about settlement, Mack. Are you with me?"
d.a.m.ned right I am, Mack almost blurted. "Certainly. I"m happy to talk settlement. You obviously have something in mind. Let"s hear it." He was seated again, tearing through the file, looking for dates, praying that the six-year statute of limitations had not expired on any of these now critically important cases.
"Yes, Mack, I have some money to offer, but I must caution you up front that my client has instructed me not to negotiate. If we can settle these matters quickly, and very quietly, then we"ll write the checks. But when the d.i.c.kering starts, the money disappears. Are we clear on this, Mack?"
Oh yes. Crystal clear. Mr. Marty Rosenberg in his fancy office high above Manhattan had no idea how quickly and quietly and cheaply he could make the fish files disappear. Mack would take anything. His badly injured clients had long since stopped calling. "Agreed," Mack said.
Marty shifted gears, and his words became even crisper. "We figure it would cost a hundred thousand to defend these cases in federal court down there, a.s.suming we could lump them together and have just one trial. This is obviously a stretch since the cases have not been filed, and, frankly, litigation seems unlikely, given the thinness of the file. Add another hundred thousand for the injuries, none of which have been doc.u.mented, mind you, but we understand some fingers and hands have been lost. Anyway, we"ll pay a hundred thousand per claim, throw in the cost of defense, and the total on the table comes to half a million bucks."
Mack"s jaw dropped, and he almost swallowed the phone. He was prepared to demand at least three times any amount Marty first mentioned, the usual lawyer"s routine, but for a few seconds he could neither speak nor breathe.
Marty went on: "All up-front money, confidential, no admission of liability, with the offer good for thirty days, until March 10."
An offer of $10,000 per claim would have been a shock, and a windfall. Mack gasped for air and tried to think of a response.
Marty went on: "Again, Mack, we"re just trying to clean up the balance sheet. Whatta you think?"
What do I think? Mack repeated to himself. I think my cut is 40 percent and the math is easy. I think that last year I grossed $95,000 and burned half of it in overhead-Freda"s salary and the office bills-which left me with a net of about $46,000 before taxes, which I think was slightly less than my wife earned as an a.s.sistant princ.i.p.al at Clanton High School. I"m thinking a lot of things right now, some really random stuff like (1) Is this a joke? (2) Who from my law school cla.s.s could be behind this? (3) a.s.suming it"s real, how can I keep the wolves away from this wonderful fee? (4) My wife and two daughters would burn through this money in less than a month; (5) Freda would demand a healthy bonus; (6) How can I approach my chain-saw clients after so many years of neglect? And so on. I"m thinking about a lot of stuff, Mr. Rosenberg.
"That"s very generous, Marty," Mack managed to say, finally. "I"m sure my clients will be pleased." After the shock, his brain was beginning to focus again.
"Good. Do we have a deal?"
"Well, let me see. I, of course, will need to run this by my clients, and that might take a few days. Can I call you in a week?"
"Of course. But we"re anxious to wrap this up, so let"s hurry. And, Mack, I cannot stress enough our desire for confidentiality. Can we agree to bury these settlements, Mack?"
For that kind of money, Mack would agree to anything. "I understand," he said. "Not a word to anyone." And Mack meant it. He was already thinking of all the people who would never know about this lottery ticket.
"Great. You"ll call me in a week?"
"You got it, Marty. And, listen, my secretary has a big mouth. It"s best if you don"t call here again. I"ll call you next Tuesday. What time?"
"How about eleven, eastern?"
"You got it, Marty."
They swapped phone numbers and addresses, and said goodbye. According to the digital timer on Mack"s phone, the call lasted eight minutes and forty seconds.
The phone rang again just after Marty hung up, but Mack could only stare at it. He wouldn"t dare push his luck. Instead, he walked to the front of his office, to the large front window with his name painted on it, and he looked across the street to the Ford County Courthouse, where, at that moment, some garden-variety ham-and-egg lawyers were upstairs munching on cold sandwiches in the judge"s chambers and haggling over another $50 a month in child support, and whether the wife should get the Honda and hubby should get the Toyota. He knew they were there because they were always there, and he was often with them. And down the hall in the clerk"s office more lawyers were poring over land records and lien books and dusty old plats while they bantered back and forth in their tired humor, jokes and stories and quips he"d heard a thousand times. A year or two earlier, someone had counted fifty-one lawyers in the town of Clanton, and virtually all were packed together around the square, their offices facing the courthouse. They ate in the same cafes, met in the same coffee shops, drank in the same bars, hustled the same clients, and almost all of them harbored the same gripes and complaints about their chosen profession. Somehow, a town of ten thousand people provided enough conflict to support fifty-one lawyers, when in reality less than half that number were needed.
Mack had rarely felt needed. To be sure, he was needed by his wife and daughters, though he often wondered if they wouldn"t be happier without him, but the town and its legal needs would certainly survive nicely without him. In fact, he had realized long ago that if he suddenly closed shop, few would notice. No client would go without representation. The other lawyers would secretly grin because they had one less compet.i.tor. No one in the courthouse would miss him after a month or so. This had saddened him for many years. But what really depressed him was not the present or the past but the future. The prospect of waking up one day at the age of sixty and still trudging to the office-no doubt the same office-and filing no-fault divorces and nickel-and-dime bankruptcies on behalf of people who could barely pay his modest fees, well, it was enough to sour his mood every day of his life. It was enough to make Mack a very unhappy man.
He wanted out. And he wanted out while he was still young.
A lawyer named Wilkins pa.s.sed by on the sidewalk without glancing at Mack"s window. Wilkins was a jacka.s.s who worked four doors down. Years ago, over a late-afternoon drink with three other lawyers, one of whom was Wilkins, Mack had talked too much and divulged the details of his grand scheme to make a killing with chain-saw litigation. Of course the scheme went nowhere, and when Mack could not convince any of the more competent trial lawyers in the state to sign on, his chain-saw files began to stink. Wilkins, ever the p.r.i.c.k, would catch Mack in the presence of other lawyers and say something like, "Hey, Mack, how"s that chain-saw cla.s.s action coming along?" Or, "Hey, Mack, you settled those chain-saw cases yet?" With time, though, even Wilkins forgot about the cases.
Hey, Wilkins, take a look at this settlement, old boy! Half a million bucks on the table, $200,000 of it goes into my pocket. At least that much, maybe more. Hey, Wilkins, you haven"t cleared $200,000 in the last five years combined.
But Mack knew that Wilkins would never know. No one would know, and that was fine with Mack.
Freda would soon make her usual noisy entrance. Mack hurried to his desk, called the number in New York, asked for Marty Rosenberg, and when his secretary answered, Mack hung up and smiled. He checked his afternoon schedule, and it was as dreary as the weather. One new divorce at 2:30, and an ongoing one at 4:30. There was a list of fifteen phone calls to make, not a single one of which he looked forward to. The fish files on the credenza were festering in neglect. He grabbed his overcoat, left his briefcase, and sneaked out the back door.
His car was a small BMW with 100,000 miles on the odometer. The lease expired in five months, and he was already fretting about what to drive next. Since lawyers, regardless of how broke they may be, are supposed to drive something impressive, he had been quietly shopping around, careful to keep things to himself. His wife would not approve of whatever he chose, and he simply wasn"t ready for that fight.
His favorite beer trail began at Parker"s Country Store, eight miles south of town in a small community where no one ever recognized him. He bought a six-pack of bright green bottles, imported, good stuff for this special day, and continued south on narrow back roads until there was no other traffic. He listened to Jimmy Buffett sing about sailing and drinking rum and living a life that Mack had been dreaming about for some time. In the summer before he started law school, he spent two weeks scuba diving in the Bahamas. It had been his first trip out of the country, and he longed to do it again. Over the years, as the tedium of practicing law overwhelmed him, and as his marriage became less and less fulfilling, he listened to Buffett more and more. He could handle life on a sailboat. He was ready.
He parked in a secluded picnic area at Lake Chatulla, the largest body of water within fifty miles, and left the engine running, the heat on, a window cracked. He sipped beer and gazed across the lake, a busy place in the summer with ski boats and small catamarans, but deserted in February.
Marty"s voice was still fresh and clear. Their conversation was still easy to replay, almost word for word. Mack talked to himself, then sang along with Buffett.
This was his moment, an opportunity that in all likelihood would never pa.s.s his way again. Mack finally convinced himself that he wasn"t dreaming, that the money was on the table. The math was calculated, then recalculated over and over.
A light snow began, flurries that melted as soon as they touched the ground. Even the chance of an inch or two thrilled the town, and now that a few flakes were falling, he knew that the kids at school were standing at the windows, giddy at the thought of being dismissed and sent home to play. His wife was probably calling the office with instructions to go fetch the girls. Freda was looking for him. After the third beer, he fell asleep.
He missed his 2:30 appointment, and didn"t care. He missed his 4:30 as well. He saved one beer for the return trip, and at a quarter past five he walked through the rear door of his office and was soon face-to-face with an extremely agitated secretary.
"Where have you been?" Freda demanded.
"I went for a drive," he said as he removed his overcoat and hung it in the hallway. She followed him into his office, hands on hips, just like his wife. "You missed two appointments-the Maddens and the Garners-and they are not happy at all. You smell like a brewery."
"They make beer at breweries, don"t they?"
"I suppose. That"s $1,000 in fees you just p.i.s.sed away."
"So what?" He fell into his chair, knocked some files off his desk.
"So what? So we need all the fees we can get around here. You"re in no position to run off clients. We didn"t cover the overhead last month, and this month is even slower." Her voice was pitched, shrill, rapid, and the venom had been building for hours. "There"s a stack of bills on my desk and no money in the bank. The other bank would like some progress on that line of credit you decided to create, for some reason."
"How long have you worked here, Freda?"
"Five years."
"That"s long enough. Pack your things and get out. Now."
She gasped. Both hands flew up to her mouth. She managed to say, "You"re firing me?"
"No. I"m cutting back on the overhead. I"m downsizing."
She fought back quickly, laughing in a loud nervous cackle. "And who"ll answer the phone, do all the typing, pay the bills, organize the files, babysit the clients, and keep you out of trouble?"
"No one."
"You"re drunk, Mack."
"Not drunk enough."
"You can"t survive without me."
"Please, just leave. I"m not going to argue."
"You"ll lose your a.s.s," she growled.
"I"ve already lost it."
"Well, now you"re losing your mind."
"That too. Please."
She huffed off, and Mack put his feet on his desk. She slammed drawers and stomped around the front for ten minutes, then yelled, "You"re a lousy son of a b.i.t.c.h, you know that?"
"Got that right. Good-bye."
The front door slammed, and all was quiet. The first step had been taken.
An hour later, he left again. It was dark and cold, and the snow had given up. He was still thirsty and didn"t want to go home, nor did he want to be seen in one of the three bars in downtown Clanton.
The Riviera Motel was east of town, on the highway to Memphis. It was a 1950s-style dump with tiny rooms, some known to be available by the hour, and a small cafe and a small lounge. Mack parked himself at the bar and ordered a draft beer. There was country music from a jukebox, college basketball on the screen above, and the usual collection of low-budget travelers and bored locals, all well over the age of fifty. Mack recognized no one but the bartender, an old-timer whose name escaped him. Mack was not exactly a regular at the Riviera.
He asked for a cigar, lit it, sipped his beer, and after a few minutes pulled out a small notepad and began scribbling. To hide much of his financial mess from his wife, he had organized his law firm as a limited liability company, or an LLC, the current rage among lawyers. He was the sole owner, and most of his debts were gathered there: a $25,000 line of credit that was now six years old and showing no signs of being reduced; two law firm credit cards that were used for small expenses, both personal and business, and were also maxed out at the $10,000 limit and kept afloat with minimum payments; and the usual office debts for equipment. The LLC"s largest liability was a $120,000 mortgage on the office building Mack had purchased eight years earlier, against the rather vocal objections of his wife. The monthly strain was $1,400, and not eased one bit by the empty s.p.a.ce on the second floor Mack was certain he would rent to others when he bought the place.
On this wonderful, dreary day in February, Mack was two months in arrears on his office mortgage.
He ordered another beer as he added up the misery. He could bankrupt it all, give his files to a lawyer friend, and walk away a free man with no trace of embarra.s.sment or humiliation because he, Mack Stafford, wouldn"t be around for folks to point at and whisper about.
The office was easy. The marriage would be another matter.
He drank until ten, then drove home. He pulled in to the driveway of his modest little home in an old section of Clanton, turned off the engine and the lights, sat behind the wheel, and stared at the house. The lights in the den were on. She was waiting.
They had purchased the house from her grandmother not long after they were married fifteen years earlier, and for about fifteen years now Lisa had wanted something larger. Her sister was married to a doctor, and they lived in a fine home out by the country club, where all the other doctors, and bankers, and some of the lawyers lived. Life was much better out there because the homes were newer, with pools and tennis courts and a golf course just around the corner. For much of his married life, Mack had been reminded that they were making little progress in their climb up the social ladder. Progress? Mack knew they were actually sliding. The longer they stayed in Granny"s house, the smaller it became.
Lisa"s family had owned Clanton"s only concrete plant for generations, and though this kept them at the top of the town"s social cla.s.s, it did little for their bank accounts. They were afflicted with "family money," a status that had much to do with sn.o.bbery and precious little to do with hard a.s.sets. Marrying a lawyer seemed like a good move at the time, but fifteen years later she was having doubts and Mack knew it.
The porch light came on.
If the fight was to be like most others, the girls-Helen and Margo-would have front-row seats. Their mother had probably been making calls and throwing things for several hours, and in the midst of her rampage she made sure the girls knew who was right and who was wrong. Both were now young teenagers and showing every sign of growing up to be just like Lisa. Mack certainly loved them, but he had already made the decision, on beer number three at the lake, that he could live without them.
The front door opened, then there she was. She took one step onto the narrow porch, crossed her bare arms, and glared across the frigid lawn, directly into the shivering eyes of Mack. He stared back, then opened the driver"s door and got out of the car. He slammed the door, and she let loose with a nasty "Where have you been?"
"At the office," he shot back as he took a step and told himself to walk carefully and not stagger like a drunk. His mouth was full of peppermint gum, not that he planned to fool anyone. The driveway declined slightly from the house to the street.
"Where have you been?" she inquired again, even louder.
"Please, the neighbors." He didn"t see the patch of ice between his car and hers, and by the time he discovered it, things were out of control. He flipped forward, yelping, and crashed into the rear b.u.mper of her car with the front of his head. His world went black for a few moments, and when he came to, he heard the frantic female voices, one of which announced, "He"s drunk."
Thanks, Lisa.
His head was split, and his eyes wouldn"t focus. She hovered over him, saying things like, "There"s blood, oh my G.o.d!" And, "Your father"s drunk!" And, "Go call 911!"
Mercifully, he blacked out again, and when he could hear again, there was a male voice in control. Mr. Browning from next door. "Watch the ice, Lisa, and hand me that blanket. There"s a lot of blood."
"He"s been drinking," Lisa said, always looking for allies.
"He probably doesn"t feel a thing," Mr. Browning added helpfully. He and Mack had feuded for years.
Though he was groggy and could"ve said something, Mack decided, lying there in the cold, to just close his eyes and let someone else worry about him. Before long, he heard an ambulance.
He actually enjoyed the hospital. The drugs were delightful, the nurses thought he was cute, and it provided a perfect excuse to stay away from the office. He had six st.i.tches and a nasty bruise on his forehead, but, as Lisa had informed someone on the phone when she thought he was asleep, there was "no additional brain damage." Once it was determined that his wounds were slight, she avoided the hospital and kept the girls away. He was in no hurry to leave, and she was in no hurry for him to come home. But after two days, the doctor ordered his release. As he was gathering his things and saying good-bye to the nurses, Lisa entered his room and shut the door. She sat in the only chair, crossed her arms and legs as if she planned to stay for hours, and Mack relaxed on the bed. The last dose of Percocet was still lingering, and he felt wonderfully light-headed.