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MURDERING LAWYERS
Lawrence Fine
Law never made men a whit more just.
-Henry David Thoreau
The lawyer's profession is essentially
unclean....There will always be some lawyer who will jiggle with the facts
until the moment comes when he will find extenuating circumstances.
-Adolf Hitler
Do what thou wilt shall be the whole of the Law.
-Aleister Crowley
PROLOGUE
Robert Thornton, Esq. felt more
alive than he had in weeks. His heart beat rapidly and his palm sweated as he
signed the Bronx motel register. As always, he signed the name of an old law
school classmate who was a partner at a competitive firm. That really amused
him.
The young girl hung back a little, as if embarrassed. Thornton
doubted that. She was hardly a sacrificial virgin. He had noticed the little
strawberry blond when cruising the strip. A couple
of times Thornton had just missed his opportunity, watching the kid drive off
in another car. Today he had had her in mind when he first set out.
She was barely five feet, with a slight overbite that
accentuated her youth. She popped her gum and blew bubbles incessantly. She
could be anywhere from twelve to twenty, but Thornton, in his late fifties,
didn’t care about the truth.
The clerk held up a key. “You’ll be in Room 11. You got up to
three hours. That’s sixty bucks.”
Thornton reached into his left pocket and pulled out his
pre-counted sixty dollars and shoved it into the clerk’s outstretched paw.
The man counted the money before handing over the key.
Thornton checked his watch: Three hours. Perfect. His wife
expected him home from his business meeting at about ten.
Inside Room 11, the girl proved less shy. After Thornton
placed the cash on the dresser, she took off her tank top and unbuttoned her
shorts. Thornton sat on the bed and watched, until the little girl had pulled
off her bikini briefs and stood in front of him naked, blowing a bubble.
“You want me to do you?” she asked Thornton.
“You know I do.” They had already agreed on all services and
prices in the car. “What’s your name?”
She removed Thornton’s tie as she answered. “Suzy.” After a
moment, without real interest, “What’s yours?”
Robert Thornton didn’t hesitate: “David.”
Suzy unbuttoned “David’s” shirt with one hand while she placed
the other in the customer’s lap. It was early in the evening and she was
already sore all over.
She blew her biggest bubble yet. Then she spit the gum into a
Kleenex from the box on the night table next to the bed.
Thornton was relieved to be finally freed of his suit pants.
He played with himself for a moment as he lay naked on the bed. Alarmingly,
Suzy was already poised to take him in her mouth. Thornton pulled away,
grabbed an unlubricated condom from his pants on
the floor and presented it to her. Suzy placed it on Thornton and went to
work.
As he watched Suzy’s head travel up and down his length,
Thornton started feeling uncharacteristically potent. Seizing the moment, he
pulled out of Suzy’s mouth and positioned her invitingly.
Once inside, Thornton built to a rapid rhythm. He was
undisturbed by the fact that Suzy barely moved. He was getting close.
He stopped abruptly, heart pumping double-time. “What was
that?” he asked the girl. “Did you hear something?”
“No. Go ahead, man. Just come.”
“I thought I heard someone touching the doorknob.”
“No way. Just go ahead.”
Thornton resumed his motion, hesitantly at first. Then the
fire began to return. He sped up again. He clutched at the little girl as he
pumped faster and deeper. He gasped and squeezed his eyes shut as he shot
into her.
Thornton was smiling when the door opened and the four
well-groomed young white men came in. He barely had time to pull out and open
his eyes wide with surprise. The gun was shoved deep into his mouth and
fired.
#
The four
intruders had a lot of cleanup to do. First they chloroformed Suzy into
unconsciousness. Then the men went out to their cars and brought in two empty
trunks. Two of the men, one of whom was built like a football tackle, put
Suzy into a medium-sized trunk, along with the stained sheets. The big guy
sprayed stain remover on the wall and used Kleenex from the night table to
wipe away the blood.
Meanwhile, the
man with the gun, the one whose right fourth finger
ended abruptly at the first knuckle, yanked off Thornton’s rubber as the
fourth man, a redhead, wiped him from head to toe with a motel towel, soaking
up all the bodily fluids. Then both men washed their hands well. “Filthy
scumbag,” quipped the gunman, breaking the silence momentarily as they all
laughed.
The well-built
man and his partner started the difficult task of dressing the lawyer’s body.
They had to bend parts of his body and gently straighten others. It took
almost half an hour. Little was said as they worked. They moved with a speed
and efficiency which belied their lack of experience in this particular line
of work. Planning was everything.
If the clerk
noticed them as they carried the two trunks out of the hotel, he didn’t let
on.
The two groups
split up. The football player and his partner brought Suzy to the warehouse
on the west side of Manhattan and dumped her out on the
cold floor, to be saved for later use. The man with nine fingers and his
redheaded associate dropped Thornton off in Central Park, just a few blocks
from his penthouse condominium. The gun was placed carefully in his stiff
hand, with the suicide note nearby. They inspected their handiwork.
“His will is
done.”
One
When Marc Wilson arrived at the Manhattan Bar Association
hours earlier, he hadn’t planned to commit a crime. But now, amazingly, the
opportunity was presenting itself and Marc couldn’t just walk away. There was
no one around to stop him.
I can’t believe I’m doing this, he thought
as he walked up to the administrative office for all of the
Bar Association committees. After a lifetime
of obeying even the most arbitrary rules I could be barred from the
practice of law. And locked up.
Marc laughed
mirthlessly at the thought. It wasn’t as if he had a lucrative career and the
respect of his peers at stake. Or even any freedom to lose.
I’ll just see whether
or not the door is locked.
#
Nine months
earlier, Marc had asked the Bar Association librarian if he could just put
the card up on the bulletin board or whether he had to clear it with anyone.
The short bald
guy shrugged and turned the page of his newspaper. “Just stick it up there.
We don’t have anything to do with the board.”
The bulletin
board outside the library of the Manhattan Bar Association was full. Every
inch was wallpapered with index cards listing the names and addresses of
pathetic losers and the depths to which they would sink. Marc glanced back at
the oblivious librarian before stealing a thumbtack and burying another
pathetic loser’s index card under his own:
MARC WILSON
Available for long and short-term
assignments, per diem, court
appearances,
depositions, local counsel.
Top 25% of law school class, Law Review.
Reasonable Rates
#
The door to the
Bar Association administrative office wasn’t locked. It swung open
noiselessly. Damn, thought Marc. What are you trying to do to me? He
locked the door from the inside.
The lack of
security didn’t really surprise him. There was no cash around. He wasn’t
aware of anything in the office which anyone would want to steal. Even the
computer was a practically worthless antique.
Still, the
computer in the center of the little room was his first stop. It had been
left on and unlocked.
#
Weeks earlier:
Marc was in small claims court. He shifted and took a deep breath while his
client of several minutes glared at him. Vince had been intrigued to learn
that defendants, and only defendants, could have lawyers in small claims
court. He had been sold by Marc’s pay-me-only-if-you-win guarantee. But he
was still wasn’t sure he was getting his money’s worth.
The judge
continued as if teaching a first semester law school course, which was
perhaps his ambition. Anything was better than small claims. “It seems clear
to me that the plaintiff and defendant never had a meeting of the minds over
the terms of a contract to provide entertainment for the plaintiff’s bachelor
party.”
“It wasn’t my bachelor party, your Honor,” said
the plaintiff. “I was best man.”
“Whatever. You
paid the defendant to provide strippers, right?”
“Right. And they
only danced for twenty minutes and the blond never took off her G-string.
They barely let us touch them.”
Between the
judge’s clenched teeth: “So you’ve said before. You’ve already painted an
adequate picture for the Court.”
I went to law school for this? thought Marc.
People’s Court would be a step up.
Marc swallowed
hard and jumped in again. “Your honor. My client provided a service. Even if
you find that there wasn’t a contract, my client earned his payment pursuant
to the doctrine of quantum meruit.”
Vince the
Stripper King looked like he might finally be impressed.
The judge
wasn’t. “This is small claims court. No Latin here.” A bang of the gavel. “Judgment
for the plaintiff. Return his full payment. Two-hundred seventy-five bucks.”
Vince looked at
Marc like he should pay the
judgment.
#
Marc located the
Ethics Committee directory on the hard drive. He went through the
sub-directories, guessing which ones contained proposed revisions to the
Code, or memoranda concerning investigations of specific attorneys, or
letters of reprimand, cc’d to the State Bar
Association. The Manhattan Bar Association didn’t have the power to disbar an
attorney, but it could and did make damn sure that the State Bar Association
took care of things.
The computer
files were loaded with the names of the desperate and the greedy. Those who
had cut too many corners. Those who had stretched the truth too tightly.
Those who showed zeal for false causes...
#
Last week: “Tell Marc about your case,
Aunt Helen.”
This was not the
first time that Sylvia Wilson, née Goldberg, had prompted her aunt to tell
her son about a lawsuit she was contemplating. Mrs. Wilson often predicted
that her son’s career would take off as soon as he got the right case. Marc
knew his mother was trying to help both of them, and he silently cursed his
lowly circumstances.
Two summers
earlier, during Marc’s second summer of law school, when he had a great job
with prestigious Harper, Weiner & Dorn, Marc had barely listened to Great
Aunt Helen’s lawsuit of the month. He had nodded his head periodically, while
thinking how ridiculous it was that this poor old woman expected him to be
interested in avenging her latest perceived wrong. He was making over
two-thousand a week! She couldn’t afford him.
Now, a year
after his graduation from law school, anyone could afford him. Harper, Weiner
& Dorn had decided to optimize profits by downsizing, and so didn’t make
offers of permanent employment to any summer associates. Meanwhile, other
firms seemed to be hiring only the
associates who worked for them over the summer. Marc had been turned down by
firms which paid half of what he’d been willing to accept. He was shut out.
So, a year after
his proud graduation day, Marc was living with his mom in Forest Hills,
Queens, New York. Upstairs in his old room, surrounded by the wrestling and
track trophies of his glory days. The only things added since high school were the basic computer and fancy synthesizer which
were the trophies of his Harper, Weiner summer money.
Marc made his
bed most days—not that his mother made him—but he knew that it made her happy
and it was easy enough. He insisted on buying the groceries with his meager
earnings. His mother couldn’t pay for everything on a court file clerk’s
salary, despite her seniority.
Begging for work
in person and on bulletin boards hadn’t provided a reliable grocery subsidy,
so Marc had been forced to secure a steady income as a night shift word
processor for the major Manhattan law firm of Samson & Lake. During the
last six months, he had become desensitized to the incorrect word usages and
glaring misstatements of the law which he typed into the computers each
night. At first he had attached Post-its with helpful notes and comments for
the attorneys who had scribbled out the briefs, but some of them had
complained. Marc now accepted that no one at the firm cared that he could do
better.
Marc had vowed
that some day he would do much more than pay for groceries. Many times he had
promised his mother that he would buy her a place to retire in Miami Beach,
near her cousin Gertie, to which she always
responded, “You’re a sweet boy, but it’s not necessary.”
But to Marc it
was necessary. He knew how hard his mother worked, and how much she hated the
cold New York winters. Now she was only a few years away from the option to
retire, and Marc’s time to invest in Florida real estate was fast running
out. The only ship coming in at the moment was Great Aunt Helen. Please have a good case, Helen.
“Those
good-for-nothings are going to have to pay me! I’ll shut them down! We’ll see
if they find that funny!” Aunt
Helen was eighty years old and about eighty pounds, running on willpower and
spite.
Mrs. Wilson patted Aunt Helen gently on
the back. “Don’t upset yourself, Helen. Just tell Marc what happened. He’ll
know what you should do.”
Marc braced
himself. Let it be a real case. Mom and I need more than just a new pair
of shoes.
Last year, just
out of law school and unemployed, but still hopeful, Marc had endeavored to
explain to Aunt Helen why she couldn’t sue the Reader’s Digest for reneging
after guaranteeing her a sweepstakes grand prize. The year before that, Marc
had begged off on her proposed suit against the people from Smuckers who had stolen her idea of putting peanut butter
and jelly in the same jar.
“I could have
died,” said Helen. “That apple sauce was as slippery as the devil.”
Apple sauce, Marc considered. Sounds a little silly at first, but on
second thought it has promise. Million dollar lawsuits have been built on
more innocuous substances.
“Would you two
like some coffee or tea?”
“Mom, Aunt
Helen’s in the middle of her story. She doesn’t want to be interrupted.”
“Maybe a glass
of tea,” said Aunt Helen, “with a little cream and sugar.”
“So, Aunt Helen,
did you slip on apple sauce?”
“I sure did.
Went flying. Almost broke my neck.”
Almost.
“When was this?”
“Last month.”
“How badly were you hurt?” Let there be some substantial hidden injury. Helen looked about
the same as ever, though. “And how big were your doctor bills?”
“My hip smarted
like the devil. For days. I didn’t see any quack doctor about it, though.
Don’t trust any of them.”
Stay calm.
Mom chimed in. “Helen
was in a lot of pain. Isn’t that
worth something? Is it too late for her to see a doctor now?”
“Well, it won’t
be as persuasive as if she had gone right away.” Marc mused aloud, a hint of
cynicism in his voice. “Not that there isn’t a doctor out there somewhere who
would swear that the apple sauce injured every piece of soft tissue in her
body...”
“Oh, of course
we don’t want to lie or do anything illegal,” his mother said.
“Those can be
two different things,” Marc pointed out. “People hire these types of doctors
to testify every day.” He shrugged and added, “But not people like us, I
guess.”
“Oh well.”
Sylvia sighed. “I guess we’ll never get rich.”
Marc felt bad
for his mother. She only wanted the best for her aunt and her son. She watches too much television. She and
Aunt Helen have been promised large cash awards by too many lawsuit salesmen.
For his mom’s
sake, Marc plugged on mechanically. “Do you have any idea how long the apple
sauce had been on the store floor?”
Aunt Helen
looked confused. “Well, I dropped the jar just ten seconds before. The jar
was too heavy. I tried to pick it up and it went flying...”
Sylvia Wilson
shot Marc a look to say that she was as surprised as he was by this latest
revelation. “Sorry,” she mouthed.
Aunt Helen
continued, undaunted. “Wasn’t even chunky style...”
Next?
#
Fortunately,
Marc was pretty sure that he wasn’t mentioned in any of the Ethics Committee
sub-directories. Yet. But a stunt like this was a sure way to make one of the
Ethics Committee’s lists, if not jail. If he got caught.
Marc found the
file with the Committee membership list. Unfortunately, he wasn’t mentioned
there either.
He had been
trying to get on the Ethics Committee for almost a year. His former friend
Paul was on the Committee, and Paul’s career had soared from the contacts,
while Marc’s had taken a nosedive.
During his year
of unemployment, Marc had objectively analyzed all available data and
concluded that life was one big conspiracy, with certain members of the New
York Bar at the center of it all. All the most successful lawyers were bosom
buddies with the most powerful judges, legislators and/or politicians,
deciding the fate of the rest of the world at the fourteenth hole. Marc
desperately wanted in, but he didn’t know a thing about golf.
The first two
times that Marc applied to join the Committee, he had received a polite form
letter from membership director Robert Thornton, Esq. informing him that
there were currently no vacancies on the Committee.
Just a few days
ago, Robert Thornton had created a
vacancy on the Committee by committing suicide. Marc had read about the death
of the prominent attorney and humanitarian in the New York Law Journal just
last week.
Marc never
understood people like Thornton. The man had had everything. Money, fame,
power, prestige... Everything Marc wanted and didn’t have. If I’d been Thornton, I would have been a
damn sight happier.
Marc had been
planning on applying again, as soon as he found out the name of the new
membership director. But he’d had the sinking feeling that it didn’t matter.
His application would be rejected yet again. What would happen, Marc had wondered, if I just showed up at a meeting anyway?
Then, tonight,
they’d closed the Bar Association while he was in the bathroom, reading the
classified section of the New York Law Journal. Maybe it had been the
exciting prospect of the long Labor Day weekend which had made them so
careless.
As Marc had
wandered the darkened hall toward the front door, he had passed the Bar
Association administrative office. He had remembered that the Ethics
Committee was short a member and a
membership director. Marc could take advantage of the temporary confusion
which Thornton’s sudden death must have caused within the Committee. I can’t do something that... sleazy,
he had thought to himself. It’s wrong.
But the door to
the office had been unlocked. And he hadn’t been able to stop himself.
As Marc added
his name to the membership list and printed it, he tried to comfort himself
with the thought, It’s a victimless
crime. Then he found the files of letters from Thornton to applicants. As
he was writing a form letter welcoming himself to the Committee, he heard
someone trying to turn the doorknob.
Just a few days
before, Berna Gutierrez, Marc’s neighbor in
nightshift word processing at Samson & Lake, had returned from a week’s
absence uncharacteristically quiet. When Marc asked if everything was okay,
she said she’d talk to him during a break.
Later, in the
deserted cafeteria, over vending machine coffee, Mrs. Gutierrez told him
emotionally, “It’s my son.”
“Paul or David?”
Marc asked with concern.
“David. He was
almost killed and no one cares!”
“What happened?
Is he okay?”
“The bullets
missed him, but I don’t think he’ll ever be okay.”
Berna Gutierrez calmed down sufficiently to tell Marc how
her fourteen-year-old son David had been caught in the crossfire between drug
dealers and undercover cops. “He was going to visit a school friend. He
didn’t know the pushers were using an apartment on the same floor.” She shook
her head sadly. “For years I’ve been saving to move to a better neighborhood.
I still can’t afford it.”
“Did the narcs fire in self-defense?” Marc asked. “Did the drug
dealers fire first?”
“David says the
police fired first. But he didn’t even know they were police then.”
“Were there
other people in that hall at the time?”
“I’m not sure,”
she said. “I don’t think so.”
“That’s
horrible. They should be thrown off the force.”
“We filled out a
complaint form, but the men in the station treated us like criminals. They
kept asking why David was there. And they said ‘The boy seems fine. Count
your blessings and keep the kid away from crack houses.’”
Marc was too
angry to comment. He asked, “Have you considered a civil suit against the
police?”
“This afternoon
I talked to Mr. Millborne, the partner at Samson
& Lake who’s in charge of pro bono
cases. He said the case sounded too hard because the police didn’t do
anything directly to David. He also
told me to count my blessings. I do
thank God that David wasn’t shot. I just wish I could take away David’s fear.
I wish I could give him some reason to respect the law again.”
In all of their
small talk about the weather, their health and their families, Marc had never
mentioned to Mrs. Gutierrez that he was an attorney. He hadn’t told any of
the word processors.
He decided to
break his silence. “I may not have mentioned this before, but I’m a lawyer.”
“Really? Then
what are you doing...” Tact pulled her up short.
“Millborne’s right. Your son’s case will be difficult.
You’ll have to bring it in federal court, under section 1983 of the Public
Welfare Law. You’ll have to disprove the officers’ stories, prove that they
acted recklessly and wantonly. I think the cases say that their actions must
‘shock the conscience.’”
“You don’t
think...”
“But your story
shocks my conscience. I think it is terrible enough.” He ran down his
mental checklist. “You’ll also have to prove psychological damages, and their
foreseeability. Even if you win, the monetary
judgment might not be that big.”
“I understand that,” she said. “Are you
saying that you...”
“I don’t have
much experience. I don’t have an office. I don’t even have stationery. But I
have a computer, good research and writing skills, and I could use the
practice. I’d like to take your son’s case.” Marc ignored the practical voice
in his head which was teasing him: a
difficult case which pays nothing now and not much later...just what you’ve
been looking for.
“Thank you so
much,” Mrs. Gutierrez gushed.
She actually thinks I can do it. She doesn’t know I’ve never set foot in
federal court.
“Do you have the
time to do this?” she asked.
“Don’t worry about
that,” he assured her. “Time I definitely have.”
Well, I’ve finally got a case. I still need some paying jobs, but this is
exciting. Can I really do this by
myself? If I was at a firm, I’d
have support staff to churn out the forms. And partners to review my work and
make sure I don’t commit malpractice. And I’d have malpractice insurance.
#
Again, someone
jiggled the doorknob to the Bar Association office. Marc froze and stared at
the door. Then he heard footsteps heading away.
Whoever it was
might come back in a minute, but he couldn’t stop now. He printed two copies
of the letter, then exited the directory and switched off the computer’s
power strip. Quickly, he forged Thornton’s signature on the bottom of one
copy of the letter, using the bottom of one of his rejection letters as a
model. He opened the appropriate file drawer and filed both the letter and
the new membership list.
This time he
heard the footsteps as they approached. Marc hid under the desk, feeling
scared, guilty and humiliated. What am
I doing?
The janitor
unlocked the door and flicked on the light, muttering under his breath. He
left the garbage pail outside and came in with the vacuum.
As he bent down
to plug in the vacuum, his face came within two feet of Marc’s. Marc could smell
the whiskey the man had been drinking. Marc held his breath as the janitor
grunted and stretched for the outlet.
Mission
accomplished, the janitor stood up and turned on the vacuum. He began to push
the machine about in an unpredictable, unsystematic manner. Marc was trapped
because the desk had no opening in the back. He crawled in as far as he could
go.
The vacuum began
to probe for dirt under the desk. Marc got on all fours just in time to allow
the machine to pass under his stomach and bang against the desk back. Then it
was gone.
As the janitor
circled around to the other side of the desk, Marc peeked out and saw that
the janitor was looking the other way. Marc crawled out of the room quickly
and quietly. As he fled the building, his pants coated with dust, he tried to
convince himself that everything would be okay, that he didn’t just do
something stupid that would ruin his life.
Two
A week later, Marc received a card “reminding” him about a
brief procedural meeting of the Ethics Committee the following Tuesday,
September 13. Could the Committee
really have been fooled so easily? Things
aren’t supposed to work this way.
He told his
mother the shortest version of the story: he was on a committee with lots of
powerful, influential people. “That’s great,” she said. “I’m sure you’ll
impress them. Maybe they’ll give you a job.” Yeah, Marc thought, I’m
sure I’ll stand out as the smartest one there.
When he told his
mother that it was the same committee that Paul Johnston was on, she asked
him, “What ever happened to Paul? You two used to
spend so much time together.”
“We kind of
drifted apart. After he started making lots of money and I stopped.”
“That’s a shame.
He seemed like a nice boy.”
Paul had been nice, though full of self-pity, back when he couldn’t land
any job during his second summer of
law school. Marc had been big about things, paying more than his share of
movies and bar tabs. Then, when Paul joined the Ethics Committee right after
graduation, Paul’s many new contacts had netted him a top job at a
prestigious firm. Marc grew to resent Paul, and Paul became uncomfortable
around Marc.
“I think your
uncle used to be on that Ethics Committee, years ago,” said Sylvia Wilson.
“I don’t know.
He’s not on it now. Thank God.”
“I don’t see why
you never got over your grudge against Uncle Charles.”
“I don’t see how
you could have gotten over it. Dad was so angry at Uncle Charles. He really
hurt Dad.”
“Your father
never hated anyone. Especially not his own brother. You don’t even know what
they fought about, do you?”
“It doesn’t
matter.”
“I’m sure they
would have made up eventually, if your father was still around.”
Marc remembered
that, tough as he could be, his father had always been
quick to forgive. But Marc didn’t care that his mother was probably right.
Hating his uncle made him feel closer to his lost father.
#
Marc stopped by
Marsha’s place without warning. He told her about the Committee, and
predicted that this was a turning point in his life.
“Why are you
telling me?” she asked, still standing in the doorway. She stood very
straight, a posture which accentuated the healthy buoyancy of her beautifully
rounded breasts.
“I want to share
my good fortune with you.”
She blocked his
path, while keeping her voice modulated. “I meant what I said the other day.
I don’t think we have a future together.”
Marc had gotten
the message a few days earlier. But he wasn’t ready to give up yet. He had
enjoyed many happy times with Marsha over the last two years. Also, he was
afraid to be thrust back out into the dating world. Although he had no
physical deformities, Marc knew that his appearance was fundamentally plain.
His chief claim to fame and source of pride was having a full, thick head of
hair while most of his acquaintances were already missing some on the top or
the sides. It would be hard, against-the-odds work to get another woman to
acquire a taste for him.
“But things are
changing for me,” he pointed out. “How can we give up now on all we have?”
“What did we
have? We practically never went out. All you ever wanted to do was watch old
movies on video.”
“That’s not all
we ever did, and you know it.”
“Well, we did have great sex,” Marsha conceded. “But
your mother always ruined it for me. I could hear her rattling pans or
washing dishes in the kitchen. I’m too old for that.”
“Me too. I’m
working on it.” He recalled once again that he had been making two thousand
dollars a week when he started dating Marsha. Neither of them could have
predicted then that they would still be so close with his mother two years
later.
“I need to get
out,” she announced.
“Have you found
someone better?”
“You don’t
really want to know, do you?” She edged him out the door, saying, “Good luck.”
#
The big day
arrived. Marc showed up a few minutes early for the “brief meeting to discuss
procedural matters.” He was scared. Scared of being exposed as a fraud. And
scared of success. And what such a success would signify about the universe. Maybe I’ve invested too much in this
meeting, he thought. But it was impossible to calm down about it.
The Ethics
Committee filed in, in ones and twos. It didn’t surprise Marc that almost all
the members were white, but he was pleasantly surprised that over a third of
them were women, and all age groups were represented. The clearest pattern
Marc noticed was that each person was beautifully dressed.
Marc was sitting
in the back of the Bar Association meeting room. He had no idea how the
Committee members would react to him. Pay
no attention to me, he thought.
He was excited
but nervous at the prospect of seeing his old ex-friend, Paul Johnston. It
could be awkward, and Paul might be suspicious. But Marc did miss Paul. They
had had some good times together.
A few of the
Committee members took seats without noticing Marc, but many nodded or smiled
in his direction. A group of four guys approximately his age walked in and
sat near the front, turning to look back at him and smile. One of the men was
particularly big and muscular, and another had bright red hair. From where he
was sitting, Marc couldn’t see that a third was missing his right fourth
finger. Marc returned their good-natured stares and smiled nervously. They seem friendly. There’s no reason to assume they won’t
like me.
It was 12:30 on
a Tuesday afternoon, but surprisingly few of the attorneys present gave off
the expected air of busy New York lawyers who had barely managed to escape
their offices for an hour. These people
really are important.
On the other end
of the spectrum, Marc had strolled down to the meeting room after a routine
trip to the Bar Association library upstairs to check the job ads in today’s
Law Journal. He had been more surreptitious than usual in his scrutiny of the
want ads this morning, going off to a far corner behind yellowing treatises
in order not to be seen engaged in such an activity by Committee members.
A middle-aged
woman sat down to Marc’s right and greeted him with a smile. She introduced
herself as Doris Spender, and Marc thought he recognized the name as one of
the only woman partners at a big New York firm. Marc was alarmed to notice
that other Committee members appeared to be watching and listening as he
introduced himself.
“Your uncle
Charlie’s a great man, and a brilliant jurist,” said Doris Spender.
Marc was
momentarily thrown. First of all, he so seldom thought about his uncle that
he often forgot he existed. Secondly, he almost never talked about his uncle.
His brief conversation with his mother a few days ago had been the first time
in a year, and he was sure that his uncle never talked about him. Yet, this
woman hadn’t just guessed, she had known
that Charles Wilson, the Second Circuit Court of Appeals judge, was his
uncle. Had she and/or others on the Committee checked into his background?
“Uh, thanks.”
A heavyset
middle-aged man in front of Marc turned to face him and said flatly, “Charlie
Wilson was the best Committee Chair we ever had. No offense to Bob and the
current regime. But Charlie’s been doing a lot of good on the Second Circuit,
too. By the way, I’m Don O’Neill.” Marc shook his pudgy hand.
Just then Robert
Baylor strolled in and called the meeting to order. Twenty-four members were
present out of a total of thirty-two, including Marc. Everyone faced front.
Marc was relieved.
Marc was glad
that Baylor didn’t make a production by officially introducing him to the
Committee. Maybe he knew or guessed that an unofficial introduction had
already occurred. More importantly, Baylor didn’t denounce Marc or eject him
from the meeting.
Had Marc’s plan
actually worked?
Baylor
announced, “In the wake of Bob Thornton’s untimely passing, and by the way
thank you to all of you who contributed so generously to the scholarship fund
established in his name— Bob cared so much about young people—Doris Spender
has taken over as membership director. I’m sure she’ll do a terrific job,
with His help and guidance.”
Ms. Spender
smiled and nodded at the Committee members, ending by fixing a friendly gaze
on Marc. After a couple of seconds, he looked away self-consciously.
At that moment,
two men entered the room. Marc instantly recognized the shorter, younger man
as Paul Johnston, looking tan, blond and more movie-star-handsome than ever
in a Brooks Brothers suit. The other attorney wore an Italian suit which
highlighted a lean but muscular form which denied the man’s almost sixty
years of age. This was a man whose appearance seemed to be the result of
total mental and physical discipline.
It struck Marc
with a jolt that he had only once before perceived such innate power.
Although he had been shorter and stockier than this man when Marc last saw
him, Charles Wilson had radiated a similar aura of confidence and influence. Why does he keep coming up?
The two men took
seats in the middle of the front row, as if the seats had been saved for
them. Although Baylor looked vaguely annoyed at their late entrance, neither
man had an apologetic word or expression. The older man faced front, while
Paul swept the room quickly with a sociable glance. Marc thought Paul saw
him, but he wasn’t sure.
The meeting
proceeded rapidly. As advertised, it was brief, though painstakingly
procedural. Several sub-committee chairmen were called upon to report on
their sub-committees’ progress, self-imposed deadlines, and the times of
their next scheduled meetings. No one spoke for more than a minute.
Marc noticed
that many of the chairmen followed statements of future intentions or
predictions with conditional catch-phrases, such as “if He’s willing” or “if
all goes according to His plan.” These
ethical types are pretty damn religious, he mused. Hope I can fit in.
Marc wondered if
he should volunteer to join one of the sub-committees, but he chickened out.
He figured he would bide his time a little, insinuating himself gradually.
Baylor asked, “And
how are the preparations for the Halloween parties going, Bill?”
Mr. Powerful
Italian Suit stood up and addressed the Committee. “Very well. The party for
the shelter kids will be held on Saturday afternoon in the basement of my
church. Transportation, candy and costumes are all being donated. And our party is set for later that night
at the Aladdin Club, which we booked for the whole night.” He smiled
roguishly. “Should be decadent Halloween fun till dawn.” He added, “Be it His
will.”
As he turned to
sit, he concluded, “Paul’s been helping me, so there should be something for
every age and taste.” Paul smiled charmingly.
Minutes later,
the meeting was over. The next general meeting, scheduled for the second week
in October, was being held at Baylor’s suburban house. Marc would have to
borrow his mother’s car and get directions to Dobbs Ferry, a river town in
Westchester County, New York.
As Marc and everyone
else stood up to leave, Paul and “Bill” turned and faced Marc. As the two men
walked back toward him, Marc couldn’t help feeling nervous. First he met
their gazes and smiled, then he glanced artificially
to his right for a moment. He couldn’t stop himself as he looked away one
more time before they reached him.
Paul reached
Marc first, grabbing his right hand and pumping it forcefully. “Marc! It’s so
good to see you!”
Bill waited
quietly for Paul’s enthusiastic handshake to slow down. Paul turned to him
and introduced him. “This is Bill Eckart. Head of
the environmental litigation department at Ballen,
Warren & Dow. Sort of my mentor.”
“Good to meet
you,” Marc managed, shaking the man’s hand.
“This is Marc
Wilson,” Paul continued. “We were friends and study partners in law school.
Took turns beating each other on finals.”
I had a higher average than you, you
Brooks Brothers ass. Marc pumped all the charm
he could muster into his handshake and smile.
Bill
relinquished the handshake, but immediately placed his right hand on Marc’s
shoulder, making Marc feel uncomfortable.
“I could use
another one as good as Paul,” said Eckart. “The
timing couldn’t be better.”
What’s he talking about? Marc didn’t
dare dream...
“Can I persuade
you to join us at Ballen Warren?”
What sort of fucking practical joke...
“But I
haven’t...” Marc stopped himself.
“Don’t worry if
you haven’t had environmental defense experience.”
How’d he know what I was thinking?
“At least you
won’t have anything to unlearn,”
said Eckart. “You’ll be a clean slate on which I
can write the law of the jungle.”
Paul chimed in. “Don’t
let him intimidate you with his bullshit. He talks tough but he’s really a
sweetheart. The hours aren’t that bad and the pay’s great.”
“Don’t listen to
his bullshit,” Eckart
broke in, good-naturedly. “I’m a monster. I eat associates for breakfast. But
we’ll dine together as long as I
like you.”
During the
ensuing silence, it became painfully obvious that Marc had not been
contributing much to the conversation. What
the hell can I say?
“Think about it,”
Eckart advised, with a final slap on Marc’s
shoulder. “Call me tomorrow.”
#
Manhattan
District Attorney Bob Rosetti shoved most of the
hot dog into his mouth as he continued reviewing the file marked “E.C.”
Practiced as he was at such multiple tasks, he didn’t drop a single spicy
onion on his shirt. It also helped that he had spent three years in the
jungles of Viet Nam and had experience eating while contemplating violent
death. Few would have considered the text or pictures in the file to be
appetizing.
So, the
coroner’s report had validated Rosetti’s hunch that
Bob Thornton was moved to Central Park after
he died. Thornton had ejaculated shortly before he died, but someone wiped
him clean as a whistle. Why? Rosetti wondered. Was
sex the motive for the murder, or just part of the method?
Rosetti thumbed through the rest of his file on the
Ethics Committee, trying to make sense of it. First Norm Maxwell, now Bob Thornton. What’s making these bastards
kill their own? And how am I going to get to the bottom of it?
Three
The library at the law firm of Ballen,
Warren & Dow was almost as big as the one at the Manhattan Bar
Association. But the librarian at Ballen Warren was
smarter and more helpful. And the books could be taken out indefinitely. And
often had to be.
Fortunately, the
library, with its high ceilings, wood paneling, plush carpet and beautiful
East River views, was just as grand yet comfortable as the rest of the Ballen Warren offices. The library had the extra feature
of a huge gold-plated antique telescope which had been a gift from one of the
Vanderbilts. Some mornings when he arrived before
the crowds, Marc liked to look at boats, Roosevelt Island and Queens through
the Vanderbilt telescope.
By Friday of his
first week at Ballen Warren, Marc was well on the
road to intimate acquaintance with Iris, the librarian. He was also getting
to know Gina, his secretary, Joe, the mail guy who stopped by his office to
deliver and pick up five times a day, and Maria, the cashier who rang up his
sandwiches in the firm’s cafeteria before he wolfed them down at his desk.
The firm had all of the services and amenities of a top-flight mid-sized
midtown Manhattan law firm. A firm with eighty lawyers was considered
mid-sized in Manhattan, but huge elsewhere. Marc thought how strange and
wonderful it was to be surrounded by helpful support staff. Hell, it’s strange and wonderful to have
enough pens and paper clips.
Marc hadn’t seen
Maria the cashier on Monday and Thursday, though. On those days he had been
forced to find the time for long and expensive lunches on the firm, one with Eckart and Paul, and one to “get acquainted” with Marc’s
office-mate, Harry, and an executive committee partner.
Marc was doing
it and he was loving it.
He didn’t mind
sharing his twenty-ninth-floor view of the East River and Queens. He knew
that such doubling up was paradoxically common at most prestigious firms in
the city. The room was big enough, and Harry was good company, friendly yet
not too distractingly talkative. As one of the only three black attorneys at Ballen Warren, Harry was candid with Marc, telling him
that he wasn’t holding his breath to become a partner. Despite having
preemptively accepted such a limitation on advancement, Harry put in more
than adequate effort, produced good work, and was well-liked in the
environmental department.
“Except for Eckart,” Harry had pointed out. “I don’t think he likes
me.”
“Why not?” Marc
asked.
“Why doesn’t he
like me, or why don’t I think he
likes me?”
“Either.”
“I don’t know.
He sort of ignores me.” Harry lowered his voice and ventured, “Must be his
Nazi ancestry.”
When Marc looked
incredulous, Harry laughed. “It’s probably just my own racist stereotypes,
but the guy was born in Germany in
the 1930s. Says so in his Martindale-Hubbell listing.”
“He doesn’t have
an accent.”
“I guess he
snuck out when he was pretty young.” Harry seemed to regret bringing up the subject.
“I’m sorry. I’m sure you won’t have
any problem with him.”
It was only just
over a week since Marc had first met Eckart at the
Ethics Committee meeting. He had called Eckart the
next day and expressed serious interest. He had visited the firm’s offices
the following day, to meet one other executive committee partner—a mere
formality, Marc was told—and to look over the facilities and meet junior
associate attorneys, also a mere formality in Marc’s eyes. Although he
pretended to be evaluating and deciding, he would have taken the position
even if it meant working in a condemned slaughterhouse alongside convicted
child rapists. He had started work the following Monday. Under pressure from Eckart, he had stopped playing hard to get. He had
considered pretending that he had to give his “current employer” two weeks notice, but Eckart’s
calls and his own empty bank account had made a more honest man out of him.
Some of the work
Marc had been doing this week was background, becoming familiar with certain
key state and federal environmental statutes. This process was rendered more
difficult by the fact that he found so much in the statutes to be
counterintuitive. For example, unless he was missing something major, there
seemed to be numerous scenarios in which the most extreme unrepentant
polluters would fare better than one-time accidental polluters.
Eckart had advised him to read the statutes and the
related treatises immediately, billing his time to a company called Hammond
Chemical, for whom he would be doing a lot of his work.
“Don’t take any
of those treatises too seriously, though,” Eckart
had counseled over a tasty swordfish salad platter at the Manhattan Ocean
Club (Marc let Eckart order first, then ordered the same. Paul went for the salmon). “Most of
these statutes are still virgin territory for creative manipulation. Anyone
who says he’s an expert is a liar.”
As usual, Marc
had nodded with conviction. So far, that had been enough.
As they were
finishing their entrees, Marc decided to broach the subject of his pro bono case for Mrs. Gutierrez’s
son, David. “What’s the firm policy on pro
bono?” Marc asked, a little nervously since he wasn’t sure what he’d do
if Eckart had said, “We forbid it.”
“We think it’s
important and we encourage it, although finding the time can be difficult.
What type of case have you taken on?”
How did he know I already had a case?
Marc had been noticing that Eckart was
frighteningly good at reading people, or at least Marc. “I took the case just
before I met you,” Marc told Eckart. “I’ve drafted
the complaint but I haven’t served it.”
“Would you like
me to look it over?” Eckart volunteered.
“That would be
great,” said Marc. What a nice guy!
“It’s a section 1983 civil rights case. Fourteen-year-old kid recklessly
endangered by gung-ho undercover cops. Actually damages are purely
psychological. Probably not big money.”
“Au contraire, my friend,” said Eckart. “Put a case like that in front of a sympathetic
jury and you could be looking at a million dollars. The city will appeal, but
the verdict will stand. Have you researched the 1983 case law?”
“Not yet,” Marc
answered apologetically. “I’ll start today, now that you’ve given the
go-ahead. And I’ll give you a copy of the complaint at the end of the day.
But take your time looking at it, of course.”
“Be sure to ask
for attorney’s fees under section 1985 in the complaint,” Eckart
advised.
Before starting
work, Marc had had a brief meeting with David Gutierrez at his mother’s Bronx
apartment. After the nerve-wracking trip deep into the Bronx, Marc had
decided not to visit the actual scene of the incident.
David Gutierrez
had told his story without energy or emotion, like he was too tired to
experience it again. The young man had been polite, but cynical. “Is there
any chance we can make the jury believe me and not the narcs?”
Marc hadn’t been sure if the young man had a lack of faith in the system, or
in his unemployed attorney.
But now an
experienced partner was going to review the complaint. And then Marc would
attach the summons and complaint to Ballen, Warren
& Dow’s distinctive preprinted litigation backs, not blank Blumberg forms
from a stationery store. David Gutierrez had lucked out when Marc lucked out.
At 11:17 a.m., Friday morning, the blessed event occurred. Joe from
the mailroom, making his rounds, stopped in to deliver to Marc a spanking new
paycheck. It was only for one week—after this he would be paid every two
weeks—but it was a beautiful and welcome new arrival
just the same.
That evening he
showed the pay stub to his mother with obvious pride. Mrs. Wilson stared at
it for a full minute, mentally calculating his monthly and annual gross and
net income. She hugged her beaming beamish boy.
“I’m so happy
for you,” she said. “You should celebrate.”
She was right,
so Marc took her out to dinner. Some
might not consider this an exciting celebration, he thought. Some might even have friends their own age
with whom to party. On the other
hand, some might not have grossed over $2150 this week. He was on the
move. Friends would come later, especially after he moved.
He broke the
news to Mom over the egg rolls and cold sesame noodles. “Of course, I’m going
to get my own place. You’ll finally have some privacy.”
“Privacy? What
do you think I’m going to do with all that privacy?”
Marc shrugged.
His mother
continued. “Have you been disturbed by my many gentleman callers, stopping by
at all hours of the night? Have we been making too much noise?”
“Mom! I wish you
did have gentleman callers! Then
you would throw me out.”
Mom stopped
eating her noodles. “I don’t want to be a typical Jewish mother, but...”
“You aren’t. You
never have been.”
Sylvia Wilson
smiled happily. “Well, I’ve got to maintain that image.” She dipped the rest
of her egg roll in the mustard and duck sauce mixture she had made and
stuffed it in her mouth. “I guess I always knew you would move out when you
could. I’m happy for you that you can. You haven’t found a place already,
have you?”
“No, I’m going
to start looking this weekend.”
“The Sunday
Times is best, you know.”
“I know. Anyway,
you’ll be retiring and moving down to Miami Beach before we both know it. I’m
still planning to buy that sunny condo.”
“You’re so
sweet, but it’s not necessary. I just want you to be happy.”
The main courses
came and the waiter placed them on a lazy Susan for them to share. But Mrs.
Wilson didn’t have much use for orange beef and Marc thought chow mein was boring.
Mrs. Wilson
broached a new topic gingerly. “So, I’m going to temple on Thursday. I don’t
suppose you want to come?”
“Why do you ask
me every Rosh Hashonah? You know I don’t believe in
God.”
“I wish you
wouldn’t say that,” his mother told him for the hundredth time. “You’re just
not sure. You’re an agnostic.”
“Sorry, Mom, but
I’m an atheist.”
“I don’t know
how you can say that. How could you possibly be sure? Did God appear to you
to say that he doesn’t exist? Or did you see His dead body?”
“Come on. I
haven’t gone with you for four years.” Last time had been the week after Dad
died. He had had to try it, one final time. “Stop asking.”
“Are you going
to go to work on both days?”
“Of course I am.
I just started the job.”
“They’ll respect
you more if you don’t go.”
“They don’t even
know I’m part Jewish, ‘cause I don’t have a Jewish last name.”
“Well,
technically you’re all Jewish,
because I’m Jewish. The mother’s religion is what counts. That’s the way it
works in Judaism.”
“Technically, I’m
nothing, because I don’t believe in God. That’s the way it works in the real
world.”
As soon as he
spoke, Marc started to regret his candor. It was one thing not to go to
services, but maybe he didn’t have to be so outspoken.
“It’s not like
you raised me to be orthodox or something,” he explained. “I went to temple
with you maybe twice a year. We had a Christmas tree, for God’s sake. I just
never picked up a belief in God. I guess I’m more like Dad.”
“Well, I’ve
never pretended to be sure myself. I go largely out of habit, but I don’t see
how anyone could be sure either way. Including your father.”
“But you didn’t
force him to go to temple, and he didn’t stop you. That sort of mutual
respect and compromise made a big impression on me when I was a kid.”
“It wasn’t
always that smooth.” Sylvia Wilson looked at him wistfully. “I suppose it
must have been confusing for you sometimes.”
Well, yes, thought Marc. But not just because of the religious
differences. His father and mother had had such different approaches to
raising him, and to evaluating his worth.
Marc remembered the time in twelfth grade
when his parents had been called to the police station. Marc had agreed to go
for the beer after Doug the class president and Laurie the cheerleader had
suggested it, but he hadn’t agreed to the six passengers who loaded into his
mother’s car with him. They had used Doug’s fake ID to buy the beer and a
pint of Southern Comfort, and were on their way back to Mike’s unchaperoned house, when the police had spotted the
overcrowded car and stopped them. Doug didn’t say anything when the police
came down hardest on Marc. Marc didn’t dare to implicate anyone so popular.
“It’s not like
he was driving drunk,” his mother had said in an attempt to calm his father. “The
other kids were drinking much more than him. And no one was hurt.”
“He has to stop
making excuses. And to say no to bad ideas.”
His father had
grounded him for two weeks. The following weekend, his mother had let him go
to a movie with friends while she and his father went out.
Sometimes Marc
had hated his father for being hard on him. And right. But I never really wanted him gone.
“We must have
done something right, because you turned out so well,” Sylvia Wilson
concluded. “A smart, successful lawyer, and a nice
boy besides. You can be proud when you look in the mirror.”
Give me a break. Marc missed his
father.
After taking Mom
home, Marc was restless. He read from an environmental treatise for an hour.
Then he played his synthesizer for a while. He continued to edit a song which
he’d been composing on the synthesizer and recording as data on the computer.
After Mom went
to bed, Marc went out. His first stop was a local Queens
dance club.
He built up
enough nerve to ask a woman with high blond hair for a dance. “No, I’m with
friends,” was the response. The second one didn’t offer any explanation. Then
the group of three beautiful girls dancing with each other ignored him
completely.
He returned to
the bar and bought a couple of drinks for a couple of women. With the last
woman, he worked his prestigious new job into the conversation and finally
saw some interest. “So, do you, like, advertise on TV?” she asked.
I have to move to Manhattan.
#
Paul told Marc
about a hot date he had on Saturday, then asked Marc
about his weekend. Their relationship seemed to be picking up where it had
left off.
When Marc
mentioned his apartment hunt, Paul expressed interest. “I know a couple of
people who are looking to sublet. Or they might know some other people. I’ll
ask around.”
“That would be
great.”
Marc was
surprised when Paul offered to join him apartment-hunting one night that
week. “I’m always interested in what’s out there in the market. Name a night.”
“How about
Wednesday?”
“Sure,” Paul
nodded. “If we can escape Eckart before eight.”
That was a long shot, since neither Marc nor Paul had left the office before
ten in the last week.
Marc only
received a couple of short-term assignments from other partners. The vast
bulk of his work came from Eckart. And the bulk was
growing vaster every day. Although hard work had never come naturally to him,
he was managing to find the strength to meet this latest challenge.
On Wednesday,
half an hour before Marc and Paul hoped to sneak out to look at apartments, Eckart called Marc to his office.
“How’s
everything going?” Eckart asked.
Marc was quick
to respond, “Fine. What’s new with you?”
“You keeping up with everything?”
“So far. Oh,
I’ll get that opinion letter for Hammond Chemical to you tomorrow. Is that okay?”
“Sure. Fine. I
have another matter for Hammond which I’d like you to get involved with. Paul
just submitted a motion to transfer the case, but discovery is proceeding in
the meantime. It’s a big commitment, and Paul’s got more cases than you do.”
“That’s true.
I’ll be glad to help.” He was already on the verge of exhaustion from his
current workload, but he was resolved to continue doing whatever it took. “What
is it?”
“It’s an
interesting case. Big stakes. Hundreds of people dead in a chemical leak.”
Please tell me that our client isn’t
responsible for it.
“I’ll need you
to go abroad with me next month,” Eckart continued.
“Probably a couple of times. Help me with some depositions.”
“Sounds... fine.”
Too bland, noncommittal. “I’d love
to watch you handle some depositions.” Too
much?
“We’ll be going
to Regensburg. In Germany.”
Marc knew that
the knot which appeared in his gut at the thought of visiting Germany was
completely irrational. Even though his Great Uncle Theodor happened to have
been killed by a chemical leak. In the shower. In Auschwitz.
“I’ll be glad to
go,” said Marc. Does he buy that? He’s usually hard to fool.
If Eckart noticed Marc’s trepidations, he didn’t comment. “Terrific,”
he said. “I’ll give you more information on what I need in the next few days.
And one other thing...”
“Yes?”
“Do you belong
to a church?”
Marc was taken
completely by surprise. He yanked his mind back out of the gas chambers.
“Excuse me?”
“A church. Do
you belong to a church here in the city?”
“Oh, no. Not
here in the city.” Marc shifted.
“Well, you know
I live just a few blocks uptown. We go to the Immanuel Church on 88th Street.
We love it. Do you happen to be
Lutheran?”
“Uh...” Do it, Marc prompted himself. Who could it hurt? For all you know, your atheist father
could have been born Lutheran. “Yeah. Sure I am.”
But this isn’t right. Is he allowed to ask me about this stuff?
“You know, the
Committee members are devout. We’re all regular churchgoers.”
This doesn’t seem kosher. Or at least not subtle enough.
Eckart continued with a smile. “Of course, young people
these days, they’re all either atheists, or much more religious than their
parents, more interested in the old rituals.”
Marc nodded
thoughtfully, agreeing with at least the first half of Eckart’s
proclamation.
“So I was
thinking that you might like to join me and my daughter for services this
Sunday.”
With only a
moment’s pause, Marc addressed the challenge. “Sure. I’d love to.”
Again, Eckart seemed to buy it.
Am I getting better at lying?
|