John Grisham - The Litigators

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The partners at Finley & Figg - all two of them - often refer to themselves as 'a boutique law firm.' Boutique, as in chic, selective, and prosperous. They are, of course, none of these things. What they are is a two-bit operation always in search of their big break, ambulance chasers who've been in the trenches much too long making way too little. Their specialties, so to speak, are quickie divorces and DUIs, with the occasional jackpot of an actual car wreck thrown in. After twenty plus years together, Oscar Finley and Wally Figg bicker like an old married couple but somehow continue to scratch out a half-decent living from their seedy bungalow offices in southwest Chicago. And then change comes their way. More accurately, it stumbles in. David Zinc, a young but already burned-out attorney, walks away from his fast-track career at a fancy downtown firm, goes on a serious bender, and finds himself literally at the doorstep of our boutique firm. Once David sobers up and comes to grips with the fact that he's suddenly unemployed, any job - even one with Finley & Figg - looks okay to him.
With their new associate on board, F&F is ready to tackle a really big case, a case that could make the partners rich without requiring them to actually practice much law. An extremely popular drug, Krayoxx, the number one cholesterol reducer for the dangerously overweight, produced by Varrick Labs, a giant pharmaceutical company with annual sales of $25 billion, has recently come under fire after several patients taking it have suffered heart attacks. Wally smells money.
A little online research confirms Wally's suspicions - a huge plaintiffs' firm in Florida is putting together a class action suit against Varrick. All Finley & Figg has to do is find a handful of people who have had heart attacks while taking Krayoxx, convince them to become clients, join the class action, and ride along to fame and fortune. With any luck, they won't even have to enter a courtroom!
It almost seems too good to be true.
And it is.

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“Figg, Wally Figg.”

“And you’re a lawyer?”

“Yes. Finley & Figg, a small boutique firm with lots of business in all major courts.”

“And you knew my father?”

“Oh yes, very well. He loved to collect baseball cards.”

Lyle took his hand off the casket and looked square into the shifty eyes of Wally Figg. “You know what killed my father, Mr. Figg?”

“You said it was a heart attack.”

“Right. You know what caused the heart attack?”

“Well, no.”

Lyle glanced at the door to make sure they were still alone. He glanced around the room to make sure no one could possibly be listening. He took a step closer so that his shoes were almost touching those of Wally, who by now was expecting to hear that old Chester had been murdered in some clever fashion.

In a near whisper, Lyle asked, “Ever hear of a drug called Krayoxx?”

There was a McDonald’s in the shopping center next to Van Easel’s. Wally bought two cups of coffee, and they huddled in a booth, as far away from the counter as possible. Lyle had a stack of papers — articles pulled from the Internet — and it was obvious he needed someone to talk to. Since his father’s death forty-eight hours earlier, he had become obsessed with Krayoxx.

The drug had been on the market for six years, and its sales had grown rapidly. In most cases, it lowered the cholesterol of obese people. Chester’s weight had slowly climbed toward three hundred pounds, and this had caused other increases — blood pressure and cholesterol, to name the most obvious. Lyle had hounded his father about his weight, but Chester couldn’t stay away from the midnight ice cream. His way of handling the stress of the ugly divorce was to sit in the dark and knock out one pint after another of Ben & Jerry’s. Once the weight was on, he couldn’t get it off. His doctor prescribed Krayoxx a year earlier, and his cholesterol dropped dramatically. At the same time, he began complaining of an irregular heart rate and shortness of breath. He reported these to his doctor, who assured him there was nothing wrong. The dramatic dip in his cholesterol far outweighed any of these minor side effects.

Krayoxx was made by Varrick Labs, a New Jersey firm currently number three on Big Pharma’s list of the world’s ten largest drug companies, annual sales of some $25 billion, and a long, ugly history of bruising battles with federal regulators and tort lawyers.

“Varrick makes six billion a year off Krayoxx,” Lyle was saying as he sifted through research. “With an annual increase of 10 percent.”

Wally ignored his coffee as he scanned a report. He listened silently, though the wheels were turning so fast he was almost dizzy.

“And here’s the best part,” Lyle said, picking up another sheet of paper. “Ever hear of a law firm called Zell & Potter?”

Wally had never heard of Krayoxx, though at 240 pounds and with a slightly elevated cholesterol he was mildly surprised his doctor had not mentioned the drug. Nor had he heard of Zell & Potter, but, sensing they were major players in something important, he wasn’t about to admit his ignorance. “I think so,” he said, frowning, searching.

“Big plaintiffs’ firm in Fort Lauderdale.”

“Yep.”

“They filed suit in Florida last week against Varrick, a huge lawsuit for wrongful deaths caused by Krayoxx. Here’s the story in the Miami Herald .”

Wally scanned the story as his heart rate doubled.

“I’m sure you heard about this lawsuit,” Lyle said.

Wally was constantly amazed at the naïveté of the average guy. Over two million lawsuits are filed in the United States each year, and poor Lyle here was thinking that Wally had noticed one filed in south Florida. “Yep, I’ve been watching this one,” Wally said.

“Does your firm handle cases like this?” Lyle asked, so innocently.

“It’s our specialty,” Wally said. “We cut our teeth on injury and death cases. I’d love to go after Varrick Labs.”

“You would? Have you ever sued them before?”

“No, but we’ve gone after most of the major drug companies.”

“This is great. Then you’re willing to take my dad’s case?”

Damn right I’ll take it, Wally thought, but through years of experience he knew not to rush in. Or at least not to seem overly optimistic. “Let’s just say the case has real potential. I’ll need to confer with my senior partner, do some research, chat with the boys down at Zell & Potter, do my homework. Mass tort work is very complicated.”

And it could also be insanely lucrative, which was Wally’s primary thought at the moment.

“Thank you, Mr. Figg.”

At five minutes before eleven, Abner became somewhat animated. He began watching the door as he continued shining martini glasses with his white towel. Eddie was awake again, sipping coffee but still in another world. Finally, Abner said, “Say, David, could you do me a favor?”

“Anything.”

“Could you move two stools over? The one you got now is reserved at eleven each morning.”

David looked to his right — there were eight empty stools between him and Eddie. And to his left there were seven empty stools between him and the other end of the bar. “Are you kidding?” David asked.

“Come on.” Abner grabbed his pint of beer, which was almost empty, replaced it with a full one, and situated everything two stools to the left. David slowly lifted himself up and followed his beer. “What’s the deal?” he asked.

“You’ll see,” Abner said, nodding at the door. There was no one else in the pub, other than, of course, Eddie.

Minutes later, the door opened, and an elderly Asian man appeared. He wore a dapper uniform, a bow tie, and a little driver’s cap. He was helping a lady much older than himself. She walked with a cane, unassisted but with the driver hovering, and the two of them shuffled across the floor toward the bar. David watched with fascination — was he finally seeing things, or was this for real? Abner was mixing a drink and watching too. Eddie was mumbling to himself.

“Good morning, Miss Spence,” Abner said politely, almost with a bow.

“Good morning, Abner,” she said as she slowly lifted herself up and delicately mounted the stool. Her driver followed her movements with both hands but didn’t touch her. Once she was properly seated, she said, “I’ll have the usual.”

The driver nodded at Abner, then backed away and quietly left the bar.

Miss Spence was wearing a full-length mink coat, thick pearls around her tiny neck, and layers of thick rouge and mascara that did little to hide the fact that she was at least ninety years old. David admired her immediately. His own grandmother was ninety-two and strapped to a bed in a nursing home, absent from this world, and here was this grand old dame boozing it up before lunch.

She ignored him. Abner finished mixing her drink, a baffling combination of ingredients. “One Pearl Harbor,” he said as he presented it to her. She slowly lifted it to her mouth, took a small sip with her eyes closed, swirled the booze around her mouth, then offered Abner the slightest of heavily wrinkled grins. He seemed to breathe again.

David, not quite plastered but well on his way, leaned over and said, “Come here often?”

Abner gulped and showed both palms to David. “Miss Spence is a regular, and she prefers to drink in silence,” he said, panicky. Miss Spence was taking another sip, again with her eyes closed.

“She wants to drink in silence in a bar?” David asked in disbelief.

“Yes!” Abner snapped.

“Well, I guess she picked the right bar,” David said, flopping an arm around and taking in the emptiness of the pub. “This place is deserted. Do you ever have a crowd around here?”

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