Perri O’Shaughnessy - Breach Of Promise

“You don’t think the case is winnable?”

“I didn’t say that. Every case is winnable but only if it gets to the jury. That’s the hard part. Get it to the jury and you always have a chance. Actually, a couple of our colleagues, and I won’t name names, have been in touch with friends of Mrs. Markov to offer their services to her.”

“Really? If her case is so hopeless, why?”

He stared at her as if scrutinizing an idiot for some small hint of intelligence, then shook his head. “Money. All that money up for grabs! Enough money to make a sane man mad with greed. Enough money to get big firms all over the state wondering how to steal your case. You understand?”

She nodded. For the first time since considering the case, she felt the sheer power that so much money exercised. Well, she had felt some of it, too, on the drive over, the tickling of her own desire for money, for what it could buy, for the freedom it represented.

“It’s a big case,” he said. “Too big for you, but you know that. That’s why you’re here.”

“Well, now,” Nina began, but Reynolds wasn’t finished.

“So you know what I overheard today at the racquetball club? I heard what Mrs. Markov did when the other guys came knocking,” he said. “She told them to go piss up a rope. She said she already has excellent representation.” He laughed heartily. “She may be right. You’ve made a good beginning in court, and you’ve got a loyal client. I couldn’t have done better myself.”

Nina lowered her eyes, so he wouldn’t see the mingled relief and pleasure she felt. That other lawyers would want this case should not surprise her, but it did. She had actually thought she was doing Lindy a favor. Now she was starting to see the Markov case in a whole new light.

“Have you ever handled a really big piece of litigation, Nina?”

“I’ve handled jury trials in homicide cases,” Nina said. “I doubt that it gets much worse than that.”

“Have you ever had a jury trial in a civil case?”

“No,” she said.

“I’m not trying to undermine your confidence. I just want to see if you appreciate what I can do for you. I do jury trials in civil cases. Cases a lot like the one you have. That’s all I do. You know how they used to call Mel Belli the King of Torts? Well, here they call me the Prince of Palimony.”

“I wouldn’t be here all dressed up in a restaurant in L.A. when I ought to be home putting my kid to bed if I didn’t appreciate what you can do for me,” Nina answered.

“Well, then. What do you have in mind?” He ran his thumb absently around the rim of the wineglass, his brown eyes gazing steadily at her. “You want me to handle the trial?”

“No. I want to handle the trial. I want to associate you in as a cocounsel, but I want to have the final say as far as strategy. I realize you don’t usually play second chair, Mr. Reynolds, but even second chair could make you a rich man if we win this case. I’m operating on a reduced hourly fee basis with an additional contingency fee of ten percent of the final recovery. I’ll give you half the ten percent, plus pay your hourly billings each month at the rate of a hundred dollars an hour.”

Reynolds had knit his brows and sunk his chin into his shirt. He usually charged three hundred an hour, she knew, but he didn’t usually have such a massively abundant pot of gold waiting for him at the end of the rainbow. Nina let him think about what she had said for a moment, then added, “If we ask for only half of the value of their business, our claim is for over a hundred million.”

He was nodding. “Now that’s what I call money,” he said. “Five million for each of us if we won that much. I could pay all those back taxes the IRS is asking for. I could pay off the place in Bel Air and the alimony. I could take that vacation my doctor’s been ordering. But…”

“But?”

He spilled a drop of the wine into his plate. “There’s many a slip ’twixt the cup and the lip,” he said. “Somehow, with all my wins, the amount of money I really need to solve all my problems always seems to hover just out of reach. Have you noticed that? It’s like a dark force out there that steps between us and our just deserts, leaving us to salivate and starve and wonder why. Even if we win at trial, appeals take years. And nobody ever comes out with any money on appeal.”

“Not this time. Working together, we can make it happen if anyone can. Everyone tells me you’re the top attorney in this field.”

“Those are kind words,” he said. “Thank you. You’ve probably guessed, I like being flattered, even when it is necessary.”

He was mocking her. She refused to be waylaid. “I doubt Jeff Riesner’s made an offer as generous,” she said.

“Ah. So you’ve guessed. Yes, Jeff and I worked together on a case last year out of Sacramento. He has called my office several times in the past few days.”

“You haven’t talked to him?”

“No.”

“You knew it was about the Markov case?”

“That’s what the message said.”

“So…”

“I can’t abide the guy,” Reynolds said, smiling. “Even if he’s going to be the one on the winning side.”

Now she felt offended. “Mr. Reynolds,” Nina said, “am I wasting my time? Because I get the feeling you’re not listening. And if you can’t take me seriously, I should probably leave.”

“Now, hold on,” he answered, “I’m hanging on every word. You’re offering me the chance to spend time at Lake Tahoe, which I love, and to take a gamble on big money, which involves a minor weakness of mine, as you may already have surmised. And I think we have something in common. We’d both rather represent the underdog. I apologize if I’ve given the wrong impression. It’s a bad habit that comes from keeping people off balance as a matter of course. Even playing second fiddle, I’d kill to get on this case.” He raised his glass. “A toast,” he said, “to you.”

Nina raised her glass, too. “You’re in?” she asked.

“You betcha.”

By the time the food came, presented so artistically on exquisite plates she hated to disturb it, they had finished the wine, started using first names with each other, and hammered out the beginnings of a deal. She offered him an office across the hall, and he said he would come up for a meeting as soon as his trial was over.

“I’ve got a jury consultant for us that might just be available. Young and the hottest ticket in town. Her name’s Genevieve Suchat,” he said, as they started on their green tea ice cream.

“I think I’ve heard of her, but…”

“Now, this is no time to scrimp on help. You’ve got to spend money to make money.”

“Winston, I…”

“She’s got a slight hearing problem, but that doesn’t slow her down for a second. Wears a little thing in her ear but you don’t strike me as the type who’s going to hold that against her.”

“Well, of course not!”

“She worked with me on a case down in Long Beach. Just as smooth and cool as this ice cream.”

“Did you win?”

“We did. She has won almost every case she’s been associated with.” He took a sip of water and pushed the ice cream saucer away. He had finally slowed down.

“Jury consultants spend a lot of time on research, don’t they? I have to think about keeping our expenses down,” Nina said.

“Now, wait a minute here. It doesn’t make financial sense to use them in every civil litigation, but with so much money at stake in this case, you’d be nuts not to use one. I’ve never heard of a case of this size that didn’t have jury consultants on both sides. Nina, you want to be a winner, you have to leave no stone unturned. And you know our friend Riesner’s going to get the best.”