TO-WIT:
Another life ago I was a young lawyer, in full-bore search of truth, justice and the American Way. When I graduated law school however, jobs in private practice were a bit scarce. Putting off my full-bore search for the time being, I accepted a job as a staff attorney for a federal agency in Washington, D.C. It wasn’t exactly the job I had in mind but I had three faces to feed the, two of which belonged to my first ex-wife, and I figured that I could find a real lawyer’s job and be boring soon enough.
It was a nice life, decent pay and easy work, but it didn’t suit me. I never had a chance to meet with the client. so, after about a year, I found a job in private practice in my home town and home I went, as loaded for bare truth as ever and ready to tilt.
The firm I joined was primarily a one-man show and I remember so well when he interviewed me for the position. “What is your experience as a lawyer,” he asked.
“I have worked one year for the federal government,” I replied.
“None,” he wrote down.
I spent the first few months carrying a lot of briefcase, getting a lot of coffee and running a lot of interference, but it was a time of growing and so, with little else to do, I did.
Before too long I was handling some small personal injury cases more or less on my own. At the time every one of them seemed important but today, as I yet again look back over my journey’s route, only one still stands out.
The client in this case was a sweet little old lady who, as had been her wont, had gone out driving on a beautiful and serene Sunday morning. As is also the wont with serenity however, it was short-lived, in this instance because she was distracted from her view of the road by a particularly lovely roadside daisy. Thus distracted, she ran a stop sign and was T-boned in the middle of the intersection by another driver, suffering injury to what was left of her soft tissue.
She thereafter came to see us and we undertook an investigation. Neither the facts nor the law supported her claim and as responsible attorneys there was only one thing we could do. We filed suit immediately.
At first the insurance adjuster was obdurate. “It’s your client’s fault,” he said.
“Yes,” I replied, “but that’s why my demand is so reasonable. Besides, your client was intoxicated.”
“We offer nothing.”
“He was overdosed!”
“Nothing!!”
“Blind in both eyes!!!”
“Nothing!!!!”
“A physician!!!!!”
We settled on $3500.00 and I informed my employer. He liked to hear about settlements.
“It’s the right figure,” he agreed. “Have you told the client yet?”
When I told him that I had not, he was even more pleased.
“I’ll show you how to do it,” he said, whereupon he picked up the phone and dialed the number.
“Oh, Wilomena,” he cooed into the receiver, “this is . And how are you this lovely day? Oh, good, but do take something for the pain. Listen, dearie, the insurance company has offered us $1500.00. We laughed in their face, but it’s a start. Your case is worth at least $2750.00 and we should hold out for that. Yes, then you can stop complaining. Good, I’m glad you agree. We’ll let you know how it goes. Take care, dearie.”
Cheshire-like, he looked at me. “It’s settled,” he said. “Call her next week and tell her they’re up to $2250.00. A week later tell her you got $3500.00. she’ll be thrilled and she’ll think we’re the greatest lawyers since Joel Hyatt.”
“Wait a minute,” I replied, “that’s lying to the client. I can’t do that.”
He paused for a moment, the wheels turning, and then he said “OK, do it your way and see what happens.”
I did it my way. A few days later I called the client and told her that the insurance company had indeed offered $3500.00.
“Wonderful,” she replied. “If they offered that much so quickly, they’ll pay more. Hold out for $5000.00.”
I hadn’t expected that. Nonetheless I did as she instructed but the carrier refused to increase its offer. With both sides now entrenched, we had to try the case and we lost. I thought I had been so clever too, using my voire dire to fashion an all sweet old lady jury. I just failed to anticipate that such a coterie of ancients would be especially eager to have their physicians infallible.
I am nothing if not a quick study and with every personal injury case I have had since then, I negotiate the right figure with the carrier first and then feed the settlement offer to the client in palliative increments. I am sorry to report that it works like a charm. The client is happy, the case gets settled for the right amount, more or less, and I look like a hero each and every time.
But something has happened to my full-bore search over the years. The practice of law teaches that the only thing to be seen clearly is that nothing is clear. Tempered by the exigencies of humankind, I now realize that the search for truth, justice and the American Way often requires some prevarication, but I’ve learned to live with it and that’s the truth.
© 1990, S. Sponte, Esq.