The Appeal (19 page)

Platters of shrimp and noodles arrived and were casually ignored. Another round of drinks.

“Rudd finally decided that he needed a million bucks for his campaign account, and we agreed to route it through all the dummy corporations and fronts that you guys use to hide it. Congress has made it legal, but it would otherwise be known as bribery. Then Rudd
wanted something else. Turns out he’s got this slightly retarded grandson who has some weird fixation on elephants. Kid loves elephants. Got pictures all over his walls. Watches wildlife videos. And so on. And what The Senator would really like is one of those first-class, four-star African safaris so he can take his grandson to see a bunch of elephants. No problem. Then he decides that the entire family would enjoy such a trip, so our lobbyists arrange the damned thing. Twenty-eight people, two private jets, fifteen days in the African bush drinking Dom Pérignon, eating lobster and steak, and, of course, gawking at a thousand elephants. The bill was close to three hundred grand and he never had a clue it was paid for by me.”

“A bargain.”

“An absolute bargain. He buried the EPA and they fled Bowmore. They couldn’t touch us. And, as a side benefit, Senator Rudd is now an expert on all issues dealing with Africa. AIDS, genocide, famine, human rights abuses—you name it and he’s an expert because he spent two weeks in the Kenyan outback watching wild game from the back of a Land Rover.”

They shared a laugh and made the first advance upon the noodles. “Did you ever contact him when the lawsuits started?” Barry asked.

“No. The lawyers took over with a vengeance. I remember one conversation with Gabbard about Rudd, but it was the combined wisdom back then that politics would not mix with the litigation. We were pretty confident. How wrong we were.”

They ate for a few minutes, but neither seemed thrilled with the food.

“Our boy’s name is Ron Fisk,” Barry said as he handed over a large manila envelope. “Here are the basics. Some photos, a background check, no more than eight pages, at your request.”

“Fisk?”

“That’s him.”

__________

B
rianna’s mother was in the area, her twice-yearly drop-in, and for such visits Carl insisted that they use the mansion in the Hamptons and leave him alone in the city. Her mother was two years younger than Carl and fancied herself attractive enough to catch his eye. He spent less than an hour a year in her presence, and each time caught himself practically praying that Brianna had a different set of genes. He loathed the woman. The mother of a trophy wife is not automatically a trophy mother-in-law, and she is usually much too enamored with the topic of money. Carl had loathed each of his mothers-in-law. He detested the very notion that he had a mother-in-law in the first place.

So they were gone. The Fifth Avenue penthouse was all his. Brianna had loaded up Sadler MacGregor, the Russian nanny, her assistant, her nutritionist, and a maid or two and headed out in a small caravan to the island, where she could invade their fine home up there and abuse the staff.

Carl stepped from his private elevator, came face-to-face with
Abused Imelda
, cursed at the sight of her, ignored his valet, dismissed the rest of the staff, and when he was finally alone in the wonderful privacy of his bedroom, he put on his pajamas, a bathrobe, and heavy wool socks. He found a cigar, poured a single malt, and stepped out onto the small terrace overlooking Fifth Avenue and Central Park. The air was raw and windy, perfect.

Rinehart had cautioned him against fretting the details of the campaign. “You don’t want to know everything,” he said more than once. “Trust me. This is my profession, and I’m very good at what I do.”

But Rinehart had never lost a billion dollars. According to one newspaper article, about Carl no less, only six other men had ever lost a billion dollars in one day. Barry would never know the humiliation of falling so fast and so hard in this city. Friends become harder to find. Carl’s jokes were not funny. Certain portions of the social circuit seemed to be closed (though he knew this was ever so temporary). Even his wife seemed a bit colder and less fawning. Not to mention the cold shoulders from those who really mattered—the bankers, fund managers, investment gurus, the elite of Wall Street.

As the wind reddened his cheeks, he looked slowly around at the buildings up and down Fifth Avenue. Billionaires everywhere. Did anyone feel sorry for him, or were they delighted at his fall? He knew the answer
because he had taken so much delight when others had stumbled.

Keep laughing, boys, he said with a long pull on the malt. Laugh your asses off, because I, Carl Trudeau, now have a new secret weapon. His name is Ron Fisk, a nice, gullible young man purchased (offshore) by me for chump change.

Three blocks to the north, at the top of a building Carl could barely see, was the penthouse of Pete Flint, one of his many enemies. Two weeks earlier, Pete had made the cover of
Hedge Fund Reports
, dressed in an ill-fitting designer suit. He was obviously gaining weight. The story raved about Pete and his fund and, in particular, a spectacular final quarter last year, thanks almost solely to his shrewd shorting of Krane Chemical. Pete claimed to have made a half-billion dollars on Krane because of his brilliant prediction that the trial would end badly. Carl’s name wasn’t mentioned; it wasn’t necessary. It was common knowledge that he’d lost a billion, and there was Pete Flint claiming to have raked in half of it. The humiliation was beyond painful.

Mr. Flint knew nothing about Mr. Fisk. By the time he heard his name, it would be too late and Carl would have his money back. Plus a lot more.

T
he winter meeting of the Mississippi Trial Advocates (MTA) was held each year in Jackson, in early February while the legislature was still in session. It was usually a weekend affair with speeches, seminars, political updates, and the like. Because the Paytons currently had the hottest verdict in the state, the trial lawyers wanted to hear from them. Mary Grace demurred. She was an active member, but it wasn’t her scene. The gatherings typically included long cocktail hours and war stories from the trenches. Girls were not excluded, but they didn’t exactly fit in, either. And someone needed to stay home with Mack and Liza.

Wes reluctantly volunteered. He, too, was an active member, but the winter meetings were usually boring. The summer conventions at the beach were more fun and family oriented, and the Payton clan had attended two of them.

Wes drove to Jackson on a Saturday morning and found the mini-convention at a downtown hotel. He parked far away so none of his fellow trial lawyers would see what he was driving these days. They were noted for their flashy cars and other toys, and Wes, at the moment, was embarrassed by the ragged Taurus that had survived the trip from Hattiesburg. He would not spend the night, because he could not afford a hundred bucks for a room. It could be argued that he was a millionaire, in someone’s calculation, but three months after the verdict he was still squeezing every dime. Any payday from the Bowmore mess was a distant dream. Even with the verdict, he still questioned his sanity in getting involved with the litigation.

Lunch was in the grand ballroom with seating for two hundred, an impressive crowd. As the preliminaries dragged on, Wes, from his seat on the dais, studied the crowd.

Trial lawyers, always a colorful and eclectic bunch. Cowboys, rogues, radicals, longhairs, corporate suits, flamboyant mavericks, bikers, deacons, good ole boys, street hustlers, pure ambulance chasers, faces from billboards and yellow pages and early morning television. They were anything but boring. They fought among themselves like a violent family, yet they had the ability to stop bickering, circle the wagons, and attack their enemies. They came from the cities, where they feuded over cases and clients, and they came from the small towns, where they honed their skills before simple jurors reluctant to part with anyone’s money. Some had jets
and buzzed around the country piecing together the latest class action in the latest mass tort. Others were repulsed by the mass tort game and clung proudly to the tradition of trying legitimate cases one at a time. The new breed were entrepreneurs who filed cases in bulk and settled them that way, rarely facing a jury. Others lived for the thrill of the courtroom. A few did their work in firms where they pooled money and talent, but firms of trial lawyers were notoriously difficult to keep together. Most were lone gunmen too eccentric to keep much of a staff. Some made millions each year, others scraped by, most were in the $250,000 range. A few were broke at the moment. Many were up one year and down the next, always on the roller coaster and always willing to roll the dice.

If they shared anything, it was a streak of fierce independence and the thrill of representing David against Goliath.

On the political right, there is the establishment, the money, and big business and the myriad groups it finances. On the left, there are the minorities, labor unions, schoolteachers, and the trial lawyers. Only the trial lawyers have money, and it’s pocket change compared with big business.

Though there were times when Wes wanted to choke them as a whole, he felt at home here. These were his colleagues, his fellow warriors, and he admired them. They could be arrogant, bullish, dogmatic, and they were often their own worst enemies. But no one fought as hard for the little guy.

As they lunched on cold chicken and even colder broccoli, the chairman of the legislative affairs committee delivered a rather bleak update on various bills that were still alive over at the capitol. The tort reformers were back and pushing hard to enact measures designed to curtail liability and close courthouse doors. He was followed by the chairman of political affairs, who was more upbeat. Judicial elections were in November, and though it was too early in the year to be sure, it appeared as though their “good” judges at both the trial and the appellate levels would not draw serious opposition.

After frozen pie and coffee, Wes Payton was introduced and received a rousing welcome. He began by apologizing for the absence of his co-counsel, the real brains behind the Bowmore litigation. She hated to miss the event but believed she was needed more at home with the kids. Wes then launched into a long recap of the
Baker
trial, the verdict, and the current state of other lawsuits against Krane Chemical. Among such a crowd, a $41 million verdict was a much-revered trophy, and they could have listened for hours to the man who obtained it. Only a few had felt firsthand the thrill of such a victory, and all of them had swallowed the bitter pill of a bad verdict.

When he finished, there was another round of boisterous applause, then an impromptu question-and-answer session. Which experts had been effective? How much were the litigation expenses? (Wes politely refused to give the amount. Even in a room of big spenders, the sum was too painful to discuss.) What was the status of
settlement talks, if any? How would the class action affect the defendant? What about the appeal? Wes could have talked for hours and kept his audience.

Later that afternoon, during an early cocktail hour, he held court again, answering more questions, deflecting more gossip. A group that was circling a toxic dump in the northern part of the state descended on him and wheedled advice. Would he take a look at their file? Recommend some experts? Come visit the site? He finally escaped by going to the bar, and there he bumped into Barbara Mellinger, the savvy and battle-weary executive director of the MTA and its chief lobbyist.

“Got a minute?” she asked, and they retreated to a corner where no one could hear them.

“I’ve picked up a frightening rumor,” she said, sipping gin and watching the crowd. Mellinger had spent twenty years in the halls of the capitol and could read the terrain like no other. And she was not prone to gossip. She heard more than anyone, but when she passed along a rumor, it was usually more than just that.

“They’re coming after McCarthy,” she said.

“They?” Wes was standing next to her, also watching the crowd.

“The usual suspects—Commerce Council and that group of thugs.”

“They can’t beat McCarthy.”

“Well, they can certainly try.”

“Does she know it?” Wes had lost interest in his diet soda.

“I don’t think so. No one knows it.”

“Do they have a candidate?”

“If they do, I don’t know who it is. But they have a knack for finding people to run.”

What, exactly, was Wes supposed to say or do? Campaign funding was the only defense, and he couldn’t contribute a dime.

“Do these guys know?” he asked, nodding at the little pockets of conversation.

“Not yet. We’re lying low right now, waiting. McCarthy, typically, has no money in the bank. The Supremes think they’re invincible, above politics and all that, and by the time an opponent pops up, they’ve been lulled to sleep.”

“You got a plan?”

“No. It’s wait and see for now. And pray that it’s only a rumor. Two years ago, in the McElwayne race, they waited until the last minute to announce, and by then they had a million plus in the bank.”

“But we won that race.”

“Indeed. But tell me you were not terrified.”

“Beyond terrified.”

An aging hippie with a ponytail lurched forward and boomed, “Y’all kicked their asses down there.” His opening gave every impression that he would consume at least the next half hour of Wes’s life. Barbara began her escape. “To be continued,” she whispered.

__________

D
riving home, Wes savored the occasion for a few miles, then slipped into a dark funk over the McCarthy
rumor. He kept nothing from Mary Grace, and after dinner that night they slipped out of the apartment and went for a long walk. Ramona and the children were watching an old movie.

Like all good lawyers, they had always watched the supreme court carefully. They read and discussed every opinion, a habit they started when their partnership began and one they clung to with conviction. In the old days, membership on the court changed little. Openings were created by deaths, and the temporary appointments usually became permanent. Over the years, the governors had wisely chosen the fill-ins, and the court was respected. Noisy campaigns were unheard-of. The court took pride in keeping politics out of its agenda and rulings. But the genteel days were changing.