Full Courtroom Press

By Martin Lion Aronson

Full Courtroom Press takes the reader behind-the-scenes and into the mind of former combat Marine and current Boston civil trial lawyer, Mike Lyons, as he plans and strategizes to meet the challenges of two dramatic cases. The powerful force of shame keeps both clients from being forthright with Mike, creating tension and obstacles during each trial. Mike educates the reader about how to win in a courtroom.

This book is both entertaining and enriching. Attorney Lyons meets head-on the challenge of proving a priest's metamorphosis from a paragon of the church and esteemed faculty member of a Catholic college to a controlling sexual predator of a young sister of the church. At the same time Mike litigates in family court a difficult custody case. He has to overcome his client's dalliances as she surprises her lawyer and the reader day after day. In time we learn that not only Danielle but also her husband, a Boston Brahim, are far from puritanical. Mysterious witnesses and unexpected bombshells provide evidentiary twists that impact the outcome of each trial.

Intrigue carries over into Mike's own family life. While Mike's wife has a liaison with a Congressional candidate, Mike resists the sexual advances of a flirtatious client. He and his wife finally confront their wounded marriage.
It's a page turner!

• Language: English
• Publisher: BookBaby
• Release date: Jun 3, 2022
• ISBN: 9781667841953

Book preview

CHAPTER ONE

MIKE

MARCH 1972

SHOOTER, SHOOTER…GET DOWN…DOWN, Boston trial lawyer Mike Lyons shouted as he and his client were walking toward the front entry of the Suffolk County Courthouse. A gunman, face covered with a black ski mask, stood poised at the Corinthian columned entryway.

Mike dropped his briefcase, wrapped an arm around his client Danielle Webb’s waist and maneuvered her to the pavement. Instinctively, he positioned himself on top of her prone body in an effort to protect her.

Staying upright is crazy…so much more vulnerable than hugging the ground, he thought.

Mike turned his head toward the gunman. He recognized the weapon. Glock 22. That means eight rounds. Oh, please, God, no more ammo on him.

Mike, what in hell’s happening? Danielle Webb screamed, raising her head.

Crazy man. He’s got a gun. You’re safe. You’re going to be okay. Stay calm, he answered while lowering the side of her face onto the pavement.

Did I say calm? Jesus, this is scary, Mike said to himself. Christ, there must be twenty people out here on the square. Two shots blasted the air.

We gotta get out of here, Mike heard a lawyer scream whose face was contorted with terror. He watched the lawyer grab his client and start to run.

NO, NO Mike screamed. HIT THE GROUND.

Two more volleys rang out. The bullets ricocheted off the pavement, dangerously close to the running lawyer.

If you’re a believer, Mrs. Webb, please start praying.

I’m not a believer, but I’m sure as hell praying. I’ve got two kids. This is terrifying.

People were running haphazardly, clutching briefcases and handbags, stumbling in panic.

Oh, my God, an elderly man cried as he hobbled a few feet, then collapsed to his knees. He had not been shot. Fear tightened his chest and shortened his breath. Mike observed a young woman shimmy to his side. She spoke confidently, I’ve got you, sir.

Smart. Gutsy. Kind. I’d want her next to me in the trenches. I hear sirens. Jesus, get here fast. Son-of-a-bitch has four more rounds. I hope that’s it.

Mike craned his neck and noticed a couple, alarm and confusion on their faces, hunched over and lurching laterally toward Mike’s position.

Another pair of volleys in rapid succession. They smacked the cobblestone area just a few feet from Mike and Mrs. Webb.

Holy shit. Is this guy gunning for us?

He bellowed at the hunched-over couple, GET DOWN! DOWN!

Mike, his client mumbled, it’s getting tough to breathe down here.

I’m sorry, but this guy’s gunning in our direction. If we get up and run, we’ll just be making it easier for him. Hug the ground. We’ll ride this thing out. You’re going to be okay.

The nearby couple had not yet sprawled onto the pavement. Mike made eye contact and slapped his palm against the ground, again pleading, DOWN.

Too late. Mike could hear the thud of deadly rounds tearing into the couple. As they collapsed to the pavement, the color of their clothing transformed to crimson. Oh, my God. Bad. They’ve been hit bad. But that’s it…that’s the last of the rounds, Mike thought. He rolled off Danielle Webb and reached toward the downed couple. Korea came racing back. This was all part of an infantryman’s training when anyone close to him was hit. You go to them. The horror of that war always lurked in his subconscious. He looked in the direction of the gunman. Please be done, you bastard. Please, dear God, no more ammo.

The shooter had fled.

Six Days Earlier…

My mother was Irish Catholic!

Spare me, big guy. You’ve told me that a zillion times, Mike’s wife, Alison, quipped.

Well, you asked me last night why I wouldn’t wear a condom, said Mike.

Last night? Oh, did something happen last night? Alison quipped. She turned and threw an arm across Mike’s chest.

No time. Trial today—gotta get moving, said Mike.

He jumped out of bed, pulled on his boxer shorts, leaned down and pressed a cheek to his wife’s sleepy face.

I’ll take the dog out, get the kids up, make some coffee, he said. And you, madam school psychologist, better start to shake it.

I know, I know, she replied. It’s only six. I’ve got another fifteen. I’ll take the kids to the bus. You just get yourself organized.

Mike slipped into a pair of sweats, a ski sweater, grabbed his jacket, and knocked on each daughter’s door.

Okay, Dad. I hear you. Hillary, the eleven-year-old, was always easy to rise.

Hey, Michelle—time. Michelle? He rapped on the door again. Finally, his ten-year-old’s scratchy voice managed a response. Okay, Dad, okay.

They’ll never know how much I adore them. Growing up too damned fast. Can’t stand it, Mike thought.

Off he went for his early morning walk with Macbeth, the smartest and most stubborn standard poodle who ever roamed the backyards of the bedroom town of Sudbury.

When he returned, Mike completed his morning hygiene and put on his lawyer uniform of the day. Pinstripe navy blue suit, white oxford cloth button down shirt, midnight blue tie with an easy pattern of subtle white lines—definitely trial attire. He plunked down his mug of half-consumed coffee on the kitchen counter.

Ali, I’m off—have a good one, he shouted from the bottom of the stairway of their four-bedroom contemporary Cape. The house was situated on a knoll in a cul-de-sac.

Okay, she yelled. Did you make coffee? Good luck today.

Are you kiddin’? Best damned cup of coffee in Sudbury. See you tonight.

Mike opened the garage door and paused a moment as he put his briefcase onto the back seat of his Mercedes. Me—Mike Lyons—kid from the Brighton projects—now a house in the ‘burbs…a Mercedes Benz. Okay, car was three years old when we bought it, but such a luxury. Shaking his head, he patted his briefcase. Bring me luck today, pal—bring me lots of luck. It was a daily ritual.

* * *

Michael Arthur Lyons was the son of a mixed marriage. His mother was Catholic, his father, Jewish. Mike’s dad struggled with a series of low-paying jobs until he finally realized his dream. Mike was eleven when his father became a police officer. His parents were very much in love and earnestly set about saving so that before too long they could free themselves from the low-income housing project where they lived in the Brighton section of Boston. It had been passable when they moved in, but gradually disintegrated into a place rife with drugs and gangs.

Out. We’re getting out of here. This is no place for us—no place for Mike. I’ll grab as much overtime as I can. We’ll keep stashing away what we can and before too long we’ll have enough for a down payment, Mike heard his dad lament to his mother on more than one occasion.

And then the nightmare. Mike’s dad’s Achilles tendon snapped while chasing a couple of drug dealers across railroad tracks near Fenway Park. He catapulted onto the tracks. A train was coming. Mike’s dad was unable to scramble to safety. Mike, an only child, was just fifteen.

His mother was an RN. The medical staff at Beth Israel Hospital had nothing but accolades about her work. Patients benefited from her kind bedside manner as well as her professional expertise. The Chief of Medicine encouraged her to take advantage of a hospital program that would help finance medical school, but before she had a chance to seriously consider such an opportunity, she lost the love of her life. She was never the same. Depression set in. She was prone to melancholia and mood swings, all of which kept her from working on a regular basis. They were stuck in the projects.

Two police officers, loyal to the memory of Mike’s dad, served as mentors and kept the teenager on a steady course. He was a natural athlete and while playing basketball for the high school team garnered the attention of an alumnus of Northeastern University who had played ball there. He introduced Mike and his mother to Joe Zabilski, the school’s head coach.

You’re a hell of a good basketball player and your grades are excellent. I’m not only going to recommend that you be admitted, but I’m going to see to it that you get some scholarship assistance, Coach Zabilski said. He turned to Mike’s mother, I think your son would be a good fit at Northeastern and a strong contributor to our basketball program.

Mike matriculated in the fall of 1951. A preseason knee injury kept him from playing basketball most of his freshman year. And he found the academics at Northeastern murky. The school emphasized engineering, which wasn’t a comfortable fit. There were, of course, other subjects offered, but after all was said and done, Mike was just not ready for the transition to college. Confused and muddled about what he wanted from life, he listened to the macho side of his brain. He left Northeastern at the conclusion of the fall semester, joined the Marines and served with distinction during the Korean War as a combat infantryman.

The war, as it did with so many young men, impacted the depth of Mike’s being. Like most people who served in combat zones, he seldom talked about his experiences. But during one of his pre-marriage dates with Alison, she asked about Korea and his decision to go on to college after serving.

Going into detail about what the war was like isn’t something I’m ready to talk about. Suffice it to say, each day was an eternity. But the Marines I served with were the very best men I will ever know. In boot camp we were just a bunch of rudderless kids. In combat, we had each other’s back. We were no longer kids. I thought that if I get through this hell, I’m going back to school… make something of myself. I owed getting an education to my mom and the memory of my dad. I left the nightmare of war ready for college.

Mike served in the First Division. Lt. Colonel Walter Pastel, one of its heroic leaders, took an interest in Mike. He admired the infantryman’s toughness, courage under fire, and leadership ability. The Lt. Colonel was a Dartmouth College graduate. After the war ended, Pastel was assigned as an NROTC instructor at his alma mater. He spoke with Mike about Dartmouth, and after Mike returned home, he took him to Hanover, New Hampshire to visit the college. Mike was instantly impressed and felt that it would be a haven after his hellish experience in Korea. The GI Bill of Rights for Korean War vets would provide the means to attend college. Mike was admitted and he pursued the academic and athletic opportunities with verve, excelling not only in the classroom, but also on the basketball court. He was the Ivy League’s top point guard.

His mom, whose moments of pleasure were rare, watched proudly as her son was singled out at graduation for his service to our country, academic excellence, leadership, and stardom on our varsity basketball team for three years. Tragically, one month to the day of his graduation, Mike’s mother died of a massive heart attack.

He would always miss her. Not a day would go by that he didn’t think about his parents. Strange, he thought as he readied himself for law school, I’m actually an orphan. But Mike was resilient and self-contained. He attended Boston College Law School’s night program while working myriad jobs during the day, including as a law clerk for a firm that would hire him as an associate upon graduation.

* * *

The forty-five minute drive to the Norfolk Superior Court in the Town of Dedham, a suburb about twenty-five miles south of Boston, was spent in silence. No radio. His mind raced through his list of witnesses, their anticipated testimony, his opening statement to the jury, and cross-examination of the defendant’s witnesses. It was a civil trial involving personal injuries sustained by his client when a defective diving board in a neighbor’s swimming pool snapped loose and pummeled his client’s head, rendering him unconscious while in the water. Fortunately, friends pulled him out. He suffered a serious concussion with long-lasting symptoms.

Despite the immediacy of this case, Mike couldn’t keep his mind from darting to another vastly more significant matter scheduled for trial in the federal court in just a month. It was his biggest case to date. His client, Bobby Farrington, had ingested a drug prescribed for his lupus erythematosus. The drug damaged his retina, leaving him legally blind. The drug manufacturer, Mike alleged, was well aware of the dangerous side effects, but nevertheless failed to provide warnings about the potential risk as well as any advice for the user to have periodic eye exams. Mike asserted that such examinations would have revealed any early signs of the onset of chloroquine retinopathy and at the very least would have given his client a chance to save his eyesight. Mr. Farrington’s condition was now irreversible.

Trial lawyers, like Mike, have a heavy caseload and must train themselves to shift seamlessly from one matter to another, often within short time periods. This includes concentrating upon new cases. Mike had said it more than once: A trial lawyer simply never knows what kind of situation is about to step off the elevator and suddenly consume his/her life.

And indeed, a pair of new intriguing cases was about to descend upon him. One would walk into his office later in the day. It would involve an alluring woman named Danielle Webb who would appear at his office with a prominent black eye, courtesy of her husband, descendant of an old-line wealthy Boston family. The other matter that would unfold in a matter of weeks would concern the emotional destruction of a young sister of the church by an older priest who had served as her mentor.

It was endless for trial lawyers—the challenge of juggling multiple dramas, constant inner conversations, constant reminders, constant coaching. He had learned his craft well but the competitor within him felt he still had rungs to climb before reaching the top. Nevertheless, as self-critical as he could be, Mike knew that his trial skills were well honed. He had earned the respect of the more senior trial lawyers because he had stood up in courtrooms and, as some put it, been counted. Consequently, he was a frequent invitee to speak at continuing legal education programs. He wasn’t what was known in the practice as strictly a settler. He was a true litigator. There were masters at negotiating excellent settlements and rarely going to court. Mike tried to learn from them as well. He appreciated the value of settling cases short of trial but was always ready to go the distance in the courtroom if need be.

Make us fear you, an insurance claims supervisor had advised Mike when he was a neophyte in the litigation business. Go to trial. Show us that you’ve got the stuff to go at it in the courtroom. Then you’ll start getting much more generous offers to settle.

Mike Lyons heeded that advice, mixed it up in the courtroom with several jury trials, always ready to try them to a verdict, but never hesitant to settle when he thought doing so was in his client’s best interest. It wasn’t long before he started getting larger offers to resolve cases short of full-scale trials.

The thrill of the kill—standing up for my client in a courtroom—that’s why I became a lawyer. But if there’s a strong offer on the table, I’m not going to be a fool. Client comes first. If it makes sense, we’ll settle. But always be ready to go the distance.

The handsome thirty-nine-year-old litigator pulled into the parking lot behind the Norfolk Superior Court and stepped out of his car. At six feet even, dark luminous eyes, Mike managed to maintain his athletic build. He brushed a hand through his thick black hair, pointed an index finger skyward, and, as he did most every day, thanked his mom and dad. He reached for his briefcase.

He hesitated before walking toward the Greek Revival courthouse built in the 1820s, a place where many felt a great injustice occurred back in 1921: the conviction (and subsequent execution) of two Italian immigrants, Nicola Sacco and Bartolomeo Vanzetti, for the murder of two men during an armed robbery. Many felt that the evidence against them was questionable, that the jury was prejudiced because they were immigrants. Eventually in the 1970s the Governor issued a proclamation that Sacco and Vanzetti had been unfairly tried and convicted.

Counsel. It was the voice of today’s adversary, Bill O’Leary. You must be doing very well these days. Very slick wheels.

It’s hot, Bill. Stole it right off a Mercedes lot, Mike quipped, extending his hand. He smiled easily.

I’m holding on to my wallet, Counsel.

How’s Rose these days? Still tolerating you? Good thing she’s such a fine painter…nice escape from putting up with your antics.

Bill O’Leary slapped a hand across Mike’s back.

You’ve got a good memory. She’s having an exhibition soon at one of the galleries on Newbury Street. I’ll send you and your brave wife an invitation to the opening, O’Leary said. I’m proud of her, Mike. Be sure to stop by.

Absolutely. I’ll be able to buy a couple of her paintings after I clean house with you on this case, Mike said with a smile.

Dream on, Counsel, dream on. Your client was drunk as a skunk. That’s why he couldn’t get out of the way of that diving board. Major mitigation factor, said O’Leary.

Two beers, Mr. Defense Lawyer. And I’m bringing that out during my opening and during direct. I’m not letting you hammer him on cross-examination.

Takin’ the wind out of my sails. You don’t play fair, Lyons.

I wish you luck, my friend. I’m not talking about this case. I’m talking about the judgeship. Hope it works out, Mike said.

The lawyers touched fists as they entered the courthouse. Mike thrived on the competition in the courtroom and valued the camaraderie among fellow trial lawyers. He and O’Leary walked down one of the corridors. There was a natural elegance about the way Mike Lyons moved.

There you are, handsome man. Let me have a quickie.

Mike chuckled. Donna Stephens, you are big trouble. And you got it all wrong. I’m slow and easy. No quickies for this stud.

Attorney Stephens poked her index finger at the dimple in Mike’s chin and then ran it along the faint scar on his right cheek. It was the remnant of a shrapnel wound during the fighting at the Chosin Reservoir, North Korea.

This is what I’m talking about, Big Shot. Not a roll in the hay. Last time I did this, it brought me luck, she said playfully.

She slapped Mike on his rear.

Did you see that! Mike shouted, looking at no one in particular. Sexual harassment!

See yah, handsome.

The jousting was all part of the courthouse banter. There was an understanding among trial lawyers. One couldn’t describe the thrill, the stress, the all-consuming challenges to those who didn’t experience the competition of the courtroom. It was the warriors who actually went at it in the courtroom multiple times, who lived the incredible highs and devastating lows—who really knew just what it meant to be a trial lawyer. Mike was proud of the badge and of having earned the respect of his colleagues.

He needed to put the pharmaceutical case aside and concentrate on the diving board trial. He made his way to the hallway just outside the courtroom, where he greeted his client.

Josh, great to see you, Mike said. How’re you feeling?

A little nervous, Mr. Lyons. But after our prep session the other day, I think I’m ready.

Josh, you’re going to be great. Just remember, stick to the truth and the truth only. It’ll all come racing back to you as I ask my questions—just as we went over in the office. When I ask about drinking, don’t hesitate…not for a second. If you do, the jury will be suspicious. You told me that you had a couple of beers within an hour of going into the pool. That’s what I want to hear in front of the jury. Clear and straightforward. They know that young people your age at a summer pool party are going to drink. They’ll respect your honesty.

I understand, Mr. Lyons.

And having a couple of beers had nothing to do with that diving board becoming unhinged and slamming down onto your head.

It was a shocker, Mr. Lyons.

I expect that the other lawyer and I will be summoned into the judge’s lobby before we actually get started.

Lobby?

Just a word we lawyers use to describe a judge’s office. Some people even refer to it as chambers.

Josh nodded.

As I mentioned the other day, judges like to see if they can get the lawyers together and settle, Mike said.

Mr. Lyons…

It’s Mike. No formal stuff, except in the courtroom.

Do you think they might settle?

Tough to say, but at the moment we’ve got to stay focused on getting into the courtroom and going to trial. As I mentioned before, many cases get resolved during trial. I like to get started and show the other side that we’re ready to go all the way, said Mike. That way we’ll maximize any settlement efforts on their part.

"Counsel on Merrill vs. Aquatic Industries. The Court will see you in chambers," a court officer announced.

Okay, Josh, that’s our case. The judge’s going to meet with the lawyers…probably explore possible settlement. We’ll see how it plays out. I should be out in about a half hour. I suggest you grab a coffee while I’m gone. Mike gave his client a reassuring pat on the shoulder. We’ll talk after this conference. I’ll let you know exactly what went on.

Mike and Bill O’Leary went into Judge Boudreau’s chambers. Well, chambers is a bit of an exaggeration. Two thread-worn faux Oriental rugs covered much of the uneven wood floor. The judge sat behind an old oak desk. There were a few straight-backed wooden chairs, their backs against windows in dire need of washing. One of the walls was covered with black and white photographs of judges and politicians, including one of Judge Boudreau with President John Kennedy.

Gentlemen, have a seat, please. The judge extended his hand. Good to see you, Mike. You did a hell of a job at trial last week for that poor fellow with a drinking problem. And, Bill, you look as distinguished as ever. I hear it looks pretty certain you’re going to be joining us on the bench.

Bill O’Leary smiled. I hope so, Judge. Fingers crossed.

Well, said Boudreau, you’ll be a hell of an asset. Don’t you think so, Mike?

Absolutely, Your Honor. Bill is right at the top, sir. In fact, we could put him over the top if he’d get sensible and persuade his insurer to come up with a decent settlement of this case.

Gotta let the judge know I’m an open guy—always willing to talk settlement. But actually I’d like to try this one to conclusion. I like my chances. And I think any jury will like my client. Likability. Funny, but so often much of it comes down to which lawyer, which client the jury likes…and believes.

O’Leary sprung open his briefcase and removed his file. I’m afraid not. I think we’re going to have to try this one, he said. It was the usual posturing of a defense lawyer in the personal injury business. Although the named defendant was technically their client, it was the client’s insurance company that controlled the payment of any compensation. And it was the insurance companies that issued the marching orders to their trial lawyers. The mantra of many claims supervisors: Even if we’re eventually going to settle, don’t let on at the outset. Play hardball. Make the claimants sweat. No easy settlements. Low-ball any offer. Then, depending upon the facts and quality of the plaintiff’s lawyer, we can raise the ante.

It’s all part of the dance, Mike thought to himself. And it just repeats itself, case after case. In a couple of seconds, the judge will say, Well, come on gentlemen, let’s talk about this.

Well, come on, gentlemen, let’s talk about this, Judge Boudreau predictably said.

Boudreau’s a good man. He knows the two of us and he knows we both can try a case. He’ll navigate through the posturing, get a good idea of what he thinks makes sense about a potential settlement, and then apply just enough pressure to try to make each side bend and then fold. But, hey, this could be one where we just don’t get together and then we’ll hammer it out before a jury, Mike thought.

So, Mike, as the plaintiff’s lawyer, you’ve got the laboring oar. Tell me what you’ve got, said the judge. And then, Bill, I’ll of course hear why you can’t pay a dime.

Well, Your Honor… Mike started.

But Mike was interrupted by a court officer who had partially opened the door and leaned into the room, Your Honor, sorry to interrupt, but the clerk’s office just received an emergency call for Attorney Lyons. Shall I have it transferred here?

Emergency? Accident? Ali? The kids? Oh, my God.

CHAPTER TWO

MIKE

Transfer the call here, please, said Judge Boudreau.

I hope nothing crucial with your family, Mike. Bill and I will step out so you have some privacy.

Hello.

Mike, it’s Paul Melrose.

Mike uttered a major sigh of relief, a lawyer on the phone, not family.

Paul Melrose was The Chairman of the Board. He was Boston’s finest civil trial lawyer, earned the respect of every trial judge and was plugged into the Boston political world. Now in his seventies, Melrose was past president of just about every legal organization, earned and enjoyed eminent success as a lawyer for the injured for the past fifty years. His charming manner before a jury had winner indelibly stamped across his suit jacket. He was one of Mike’s courtroom heroes. He was also Mike’s adversary in the Farrington product liability case. For reasons unclear to Mike, Paul Melrose, usually a lawyer for victims, was representing the pharmaceutical company that manufactured the medication that rendered Mike’s client virtually sightless.

Mr. Melrose? I can’t tell you how relieved I am. The court officer said it was an emergency…

Oh, Jesus, and you of course thought it was something personal, your family. Didn’t he tell you that it was me? I’m sorry you were alarmed. Clumsy of me.

No problem, Mike lied. Family anxiety was relieved but now a different concern set in. Something blow up with the Farrington case? Something about the trial date? Or is Melrose looking for a continuance?

You’d better let me talk with Boudreau and apologize. Your secretary…Jane, is it?

Yes, Mr. Melrose. Jane Donnell, Mike responded.

She told me that you were out there in Dedham about to get started with a trial. Who’s on the other side? Were you guys conferencing with Boudreau? Good judge. Fair…honest.

I’m going up against Bill O’Leary, said Mike, knowing that this call had to have something to do with his major case against Intercontinental Pharmaceutical.

Bill! I should speak with him as well. This will be his last trial. The Council has approved his nomination to the bench.

Paul Melrose…the kingmaker…always in the know.

That’s great news, Mr. M. They both stepped outside. Hold on, I’ll get them, Mike said.

No, no. Wait a minute, Mike. Let me talk with you first, then I’ll get on the phone with them.

This is really weird. Is it some kind of tactic? Here I am about to get started with a trial and then this. No other lawyer could get away with this…interrupting a conference with a judge…telling somebody in the clerk’s office that it’s an emergency?

Mike, Melrose started, Listen, I’m calling about your man Farrington. I screwed up. I owe you a thousand apologies. I got a call Wednesday from the bastards on the other side of your Farrington case, my not so distinguished clients, and totally forgot to let you know that one of their VPs is coming to my office this afternoon to talk business.

Bastards? My not so distinguished clients? Cute tactic. Suddenly my adversary and I are partners going up against his client. Clever. I’m gonna put this one in my playbook.

What kind of business? Mike replied.

Settlement, Mike. They’re here to put this case to rest. I’ll get Boudreau to release you. Come directly to my office. The pharmaceutical company is self-insured for a lot of dough. And if we need to choke them for more, their excess insurer will pony up. I can get this son-of-a-bitch to loosen the coffers.

Mr. M, this is really strange. This case has been pending for three years. All kinds of pretrial machinations, but not once has your client even asked what I’m looking for, let alone come forward with an offer. And I know you came into the defense recently, but I have a suggestion. Why don’t you wrestle with your client, get a figure that they consider fair and then we can talk once I finish this trial. Mike guessed that this wouldn’t fly, but he didn’t want to let on how ruffled and anxious he was. He tried to come over as cool and take the initiative.

I hear you, Mike. And I respect exactly what you’re saying. Believe me, I’m not playing games and you know that I wouldn’t insult you. But they’re genuinely…well, I can’t reveal why the urgency…at least not until after we’ve put this thing to bed. I can’t guarantee anything, but they wouldn’t send one of their major players unless they’re serious about settling this case, Mike. I’m not messin’ around. You know I’m a straight shooter. I’ve urged that they come up with a strong number. It’s in your best interest to get here while they’re here. And you’ll be doing me a favor. I promised you’d be here. I’m embarrassed that I just plain forgot to call you right away on Wednesday.

This could be a trap. Raise my expectations. Set me up for a fall. Settling cases is tricky business. It’s an art. A negotiator has to be tough, persuasive and reasonable. Knowing when it makes sense not to try to be a hero and go to trial, but to settle at a compromising level. Paul Melrose is the master…in and out of the courtroom. He’ll be using his charm…try to get me to accept something far less than good value to take care of my client’s needs. Catch me off guard while my head is filled with the case I’m about to try out here.

Okay, Mr. M, you win this round. I’ll take the bait. But I’m a stubborn guy. And I’m looking forward to getting tossed around in that courtroom by the very best ever.

Flattery always works with me, Mike. Remember what I once told you: too stressful to try more than two substantial plaintiff cases a year. The trick is to keep the ‘enemy’ from knowing whether or not the case he has with you is the one you’re going to try or settle. Settle this one. It’s too risky to try. I’ll get you the right figure.

Mr. M, your persuasiveness permeates these phone lines. But you’re aware that I’m about to get started with a trial out here.

Let me speak with the ‘boys.’ I’ll get you out of there pronto, Melrose said.

Power. Just like a Marine Corps CO. Connections. Earned respect.

After a brief conversation among Paul Melrose, His Honor, and soon-to-be-judge Bill O’Leary, all parties agreed upon a continuance.

The behind-the-scenes machinations of the power boys, Mike thought to himself.

Hiding his angst, Mike stepped into the hallway and explained the necessity of a continuance to his client, who was relieved that he wouldn’t have to take the witness stand for another few weeks. And the truth is, Mike added, we’ll kick their butts. Thanks for your understanding, Josh. I appreciate it. Whether we go through a full trial or settle your case, I’ll express my real thanks and adjust my fee to less than a full third called for in the Contingent Fee Agreement.

They shook hands. I’ll be in touch next week, said Mike.

Mike Lyons seldom got thrown…not after what he had been through in his young lifetime. But this unexpected turn of events took him totally by surprise. The Bobby Farrington case was major. The man’s family and future were relying upon Mike to achieve a substantial monetary result to provide financial security. Legally blind and suffering with lupus, Mike’s client’s earning capacity had been washed down the drain because of a drug that was a huge profit maker for Intercontinental. The medication was properly prescribed to help control the systemic lupus erythematosus with which Bobby Farrington suffered, but some people who ingested that drug developed irreversible retinal vascular disease. Mike was prepared to prove that Intercontinental was aware of the potentially dangerous side effect and failed to properly warn doctors and users.

Expect the unexpected. One moment I’m about to dive into a swimming pool accident trial and then, on a dime, I’m shifting gears to deal with the biggest case of my career, Mike thought.

* * *

Mr. Melrose’s secretary greeted Mike. Cold enough for you, Mike? How about a cup of hot coffee?

Florence Morse had served Paul Melrose faithfully for forty years. She knew almost as much about Paul’s cases as he did. And she knew that Mike Lyons was one of her boss’ favorite young lawyers. He had offered Mike a position with his elite boutique firm just five years ago but Mike had his heart set on going out on his own. He had been with a fifteen-lawyer firm and had tired of its politics. He wanted to get out and be beholden just to himself and his clients. Florence Morse came to know Mike when he and her boss met to discuss a possible working relationship. And, like her boss, she admired and respected Mike.

Here you go, Mike. Black, one sugar. I remember from the last time. Mrs. Morse smiled and returned to her desk. "Oh, this is the packet