The Litigators (Page 30)

“Sounds like a bunch of riffraff,” the judge observed.

“No, actually, they’re real people with real problems who need help. That’s the beauty of street law—you meet the clients face-to-face, you get to know them, and, if things work out, you get to help them.”

“If you don’t starve.”

“I’m not going to starve, Dad, I promise. Besides, these guys do hit the jackpot every now and then.”

“I know, I know. I saw them when I was practicing, and I see their cases now on appeal. Last week, we affirmed a $9 million jury verdict, a terrible case involving a brain-damaged kid who got lead poisoning from some toys. His lawyer was a sole practitioner who did a DUI for the mother. He got the case, called in a gunslinger to try it, now they’re splitting 40 percent of $9 million.”

Those numbers bounced around the table for a few minutes. “Coffee, anyone?” Helen asked. They all declined and moved to the den. After a few moments, Helen and Caroline left to inspect the guest room that was about to become a nursery.

When they were out of range, the judge mounted his final assault. “One of my law clerks came across a story about the Krayoxx litigation. Saw your picture online, the one from the Tribune, with Mr. Figg. Is he a straight-up guy?”

“Not really,” David admitted.

“Doesn’t look like.”

“Let’s just say that Wally’s complicated.”

“I’m not sure your career will be advanced if you hang around with these guys.”

“You could be right, Dad, but for now I’m having fun. I look forward to getting to the office. I enjoy my clients, the few that I have, and I am enormously relieved to be out of the sweatshop. Just relax a bit, okay? If this doesn’t work out, I’ll try something else.”

“How did you get involved in this Krayoxx litigation?”

“We found some cases.” David smiled at the thought of his father’s reaction if he told the truth about their search for clients. Wally and his .44 Magnum. Wally offering cash bribes for client referrals. Wally hitting the funeral home circuit. No, there were things the judge should never know.

“Have you researched Krayoxx?” the judge asked.

“I’m in the process. Have you?”

“Yes, as a matter of fact. The TV ads are running in Minnesota. The drug is getting a lot of attention. Looks like another mass tort scam to me. Pile on the lawsuits until the drugmaker is facing bankruptcy, then broker a huge settlement that makes the lawyers richer and allows the manufacturer to stay in business. Lost in the shuffle is the issue of liability, not to mention what’s best for the clients.”

“That’s a pretty fair summary,” David admitted.

“So you’re not sold on the case?”

“Not yet. I’ve plowed through a thousand pages, and I’m still looking for the smoking gun, the research to prove that the drug hurts people. I’m not sure it does.”

“Then why did you put your name on the lawsuit?”

David took a deep breath and thought for a moment. “Wally asked me, and since I’m new at the firm, I felt an obligation to join the fun. Look, Dad, there are some very powerful lawyers around the country who have filed this same lawsuit and who believe this is a bad drug. Wally does not inspire a lot of confidence, but other lawyers do.”

“So you’re just riding their coattails?”

“Hanging on for dear life.”

“Don’t get hurt.”

The women were back and organizing a shopping trip. David jumped to his feet and claimed to be infatuated with wallpaper. The judge reluctantly tagged along.

———

David was almost asleep when Helen rolled over and said, “Are you awake?”

“I am now. Why?”

“Your parents are funny.”

“Yes, and it’s time for my parents to go home.”

“That case your father mentioned, about the little boy and the lead poisoning—”

“Helen, it’s five minutes after midnight.”

“The lead came from a toy, and it caused brain damage, right?”

“As I recall, yes. Where is this going, dear?”

“There’s a lady in one of my classes, Toni, and we had a quick sandwich last week in the student union. She’s a few years older, kids in high school, and she has a housekeeper who is from Burma.”

“This is fascinating. Can we get some sleep?”

“Just listen. The housekeeper has a grandson, a little boy, who’s in the hospital right now with brain damage. He’s comatose, on a respirator, things are desperate. The doctors suspect it’s lead poisoning, and they’ve asked the housekeeper to search high and low for lead. One source might be the child’s toys.”

David sat up in bed and switched on a lamp.

CHAPTER 16

Rochelle was at her desk diligently tracking news of a bed linen sale at a nearby discount house when the call came. A Mr. Jerry Alisandros from Fort Lauderdale wanted to speak with Mr. Wally Figg, who was at his desk. She routed the call through and returned to her online work.

Moments later, Wally strutted out of his office with his patented look of self-satisfaction. “Ms. Gibson, could you check flights to Las Vegas this weekend, leaving midday Friday?”

“I suppose. Who’s going to Las Vegas?”

“Well, who else has asked about going to Vegas? Me, that’s who. There’s an unofficial meeting of Krayoxx lawyers this weekend at the MGM Grand. That was Jerry Alisandros on the phone. Maybe the biggest mass tort operator in the country. Says I need to be there. Is Oscar in?”

“Yes. I think he’s awake.”

Wally tapped on the door as he shoved it open. He slammed it behind himself. “Come right in,” Oscar said as he pulled himself away from the paperwork littering his desk.

Wally fell into a large leather chair. “Just got a call from Zell & Potter in Fort Lauderdale. They want me in Vegas this weekend for a Krayoxx strategy meeting, off the record. All the big boys will be there to plan the attack. It’s crucial. They’ll discuss multi-district litigation, which lawsuit goes first, and, most important, settlement. Jerry thinks that Varrick might want a quick endgame on this one.” Wally was rubbing his hands together as he spoke.

“Jerry?”

“Alisandros, the legendary tort lawyer. His firm made a billion off Fen-Phen alone.”

“So you want to go to Las Vegas?”

Wally shrugged as if he could take it or leave it. “I don’t care anything about going, Oscar, but it’s imperative that someone from our firm show up at the table. They might start talking money, settlement, big bucks, Oscar. This thing could be closer than we realize.”

“And you want the firm to pay for your trip to Vegas?”

“Sure. It’s a legitimate litigation expense.”

Oscar ruffled through a pile of papers and found what he wanted. He lifted it and sort of waved it at his junior partner. “Have you seen David’s memo? It came in last night. The one about the projected costs of our Krayoxx litigation.”

“No, I didn’t know he was—”

“The guy’s very bright, Wally. He’s doing the homework that you should be doing. You need to take a look at this because it’s scary as hell. We need at least three experts on board now, not next week. In fact, we should’ve had them lined up before you filed suit. The first expert is a cardiologist who can explain the cause of death of each of our beloved clients. Estimated cost to hire one is $20,000, and that’s just for the initial evaluation and deposition. If the cardiologist testifies at trial, add another $20,000.”