The Appeal

The two-day cost of the Fisk rollout was roughly $450,000, which did not include travel expenses, the jet, and the Internet assault. The bulk of the money was spent on direct mail.

Ron spent the rest of Tuesday and Wednesday on the Coast, with every minute planned with precision. Campaigns habitually run late, but not with Tony in charge. They announced at the courthouses in Jackson and Hancock counties, prayed with preachers, stopped at dozens of law offices, worked a few busy streets handing out brochures, and shook hands. Ron even kissed his first baby. And it was all recorded by a film crew.

On Thursday, Ron made six more stops throughout south Mississippi, then hurried back to Brookhaven for a quick change of clothes. The game began at six. Doreen was already there with the kids. The Raiders were warming up, and Josh was pitching. The team was in the dugout listening to an assistant when Coach Fisk hustled in and took charge.

There was a nice crowd at the game. Ron already felt like a celebrity.

Rather than researching law, Sheila’s two clerks spent the day collecting press accounts of the Ron Fisk rollout. They gathered copies of the full-page ads from the different newspapers. They tracked the news online. As the file grew thicker, their moods sank.

Sheila tried gamely to go about her job as if nothing was happening. The sky was falling, but she pretended to ignore it. Privately, and this usually meant a closed-door session with Big Mac, she was stunned and thoroughly overwhelmed. Fisk was spending what looked like a million dollars, and she had raised virtually nothing.

Clete Coley had convinced her she had light opposition. The Fisk ambush was so brilliantly executed she felt as though she’d been killed in battle.

The board of directors of the Mississippi Trial Advocates met in an emergency meeting late Thursday afternoon in Jackson. Its current president was Bobby Neal, a veteran trial lawyer with many verdicts under his belt and a long history of service to the MTA. Eighteen of the twenty directors were present, the highest number in many years.

The board, by its very nature, was a collection of high-strung and highly opinionated lawyers who worked by their own rules. Few had ever had a boss. Most had clawed their way up through the lower rungs of the profession to reach a level of great respectability, at least in their opinions. To them, no calling was higher than that of representing the poor, the injured, the unwanted, the troubled.

Typically, each gathering was long and loud and usually began with everyone present demanding the floor. And that was a normal meeting. Place the same group in an urgent setting with their backs pinned to the wall by the sudden and imminent threat of losing one of their most trusted allies on the supreme court, and all eighteen began arguing at once. Each had all the answers. Barbara Mellinger and Skip Sanchez sat in one corner, silent. No alcohol was being served. No caffeine. Only water.

After a raucous half hour, Bobby Neal managed to bring the meeting into some semblance of order. He got their attention when he informed them that he had spent an hour with Justice McCarthy earlier in the day. "She is in great spirits," he said with a smile, one of the few around the table that afternoon. "She is hard at work doing her job and really doesn’t want to get sidetracked. However, she understands politics and said more than once that she will run a hard campaign and has every intention of winning. I promised our unwavering support."

He paused, shifted gears. "However, I found the meeting a bit discouraging. Clete Coley announced four weeks ago, and Sheila still doesn’t even have a campaign manager.

She has raised a few bucks, but she wouldn’t say how much. I got the impression that she settled down after the Coley thing and convinced herself he was simply a nut with no credibility. She thought she could slide. Her thoughts have now changed dramatically.

She’s been asleep, and now she’s running to catch up. As we know from experience, there is very little money on our side of the street, except ours."

"It’ll take a million bucks to beat this guy," someone said, and the comment was rapidly drowned out in a wave of ridicule. A million wasn’t close. The tort reformers spent two million against Judge McElwayne, and they lost by three thousand votes.

They’ll spend more than that this time around because they’re better organized and really ticked off. And the guy who ran against McElwayne was a reprobate who’d never tried a lawsuit and had spent the last ten years teaching political science at a junior college. This guy Fisk is a real lawyer.

So they talked about Fisk for a while, at least four different conversations boiling at any given moment.

Tapping his water glass, Bobby Neal slowly dragged them back to his agenda. "There are twenty of us on this board. If we commit ten thousand each, right now, Sheila’s campaign can at least get organized."

Instant silence. Deep breaths were taken. Water was gulped. Eyes darted here and there, searching for other eyes that might agree or disagree with this bold proposition.

Someone at the far end of the table barked, "That’s ridiculous." The lights flickered.

The AC vents went silent. Everyone gawked at Willy Benton, a fiery little Irish brawler from Biloxi. Benton rose slowly and spread his hands. They had heard his passionate summations before, and they settled in for another. Juries found him irresistible.

"Gentlemen, and lady, this is the beginning of the end. We can’t fool ourselves.

The forces of evil who want to slam the courthouse doors and deny our clients their rights, the same pro-business lobby that has slowly, methodically marched across this country and purchased one supreme court seat after another, that same bunch of ass**les is here, banging on our door. You saw their names in those ads Fisk ran.

It’s a confederation of dunces, but they have the money. We have what I believe is a consistent one-vote majority on the supreme court, and here we sit, the only group who can fight these thugs, and we argue about how much we should give. I’ll tell you what we should give. Everything! Because if we don’t, then the practice of law as we know it will quickly fade away. We won’t take cases anymore, because we won’t be able to win them. The next generation of trial lawyers will not exist.

"I gave a hundred thousand dollars to Judge McElwayne, and it was a stretch. I’ll do the same for judge McCarthy. I don’t have an airplane. I don’t handle the mass torts and rake in outrageous fees. Y’all know me. I’m from the old school, one case at a time, one trial after another. But I’ll sacrifice again. So should you. We all have our toys. If you can’t pledge fifty thousand each, then get off this board and go home. You know you can afford it. Sell a condo, a car, a boat, skip a couple of vacations.

Hock your wife’s diamonds. You pay your secretaries fifty grand a year. Sheila McCarthy is far more important than any secretary or any associate."

"The limit is five thousand per person, Willy," someone said.

"Well aren’t you a smart son of a bitch," he fired back. "I have a wife and four children. That’s thirty grand right there. I also have two secretaries and some satisfied clients. I’ll raise a hundred thousand bucks by the end of the week, and everyone here can do the same."

He sat down, his face red. After a long pause, Bobby Neal looked at Barbara Mellinger and asked, "How much did we give Judge Mc-Elwayne?"

"One point two, from about three hundred trial lawyers."

"How much did he raise?"

"One point four."

"How much would you guess McCarthy will need to win?"

It was a subject Barbara and Skip Sanchez had discussed for three days. "Two million," she said without hesitation.