The Divorce Papers: A Novel (18 page)

TRAYNOR, HAND, WYZANSKI

222 CHURCH STREET

NEW SALEM, NARRAGANSETT 06555

(393) 876-5678

ATTORNEYS AT LAW

April 16, 1999

Fiona McGregor, Esq.
Traynor, Hand, Wyzanski
222 Church Street
New Salem, Narragansett 06555

PERSONAL AND CONFIDENTIAL

Dear Fiona:

I am writing in my official capacity as Acting Chair of the Management Committee to inform you of the Committee’s findings and conclusions following the meeting convened on April 15, 1999, to review your conduct in relation to the firm’s representation of Ms. Maria Meiklejohn. You should know that after making his presentation and hearing your response, David Greaves recused himself from the Committee. He was not a party to its deliberations or final disposition.

While recognizing the legitimacy of your concerns about the use of an associate attorney who had never before handled a divorce and the possible loss of income that would flow from the double-billing arrangement that had been entered into with Ms. Meiklejohn, the members of the Committee support Mr. Greaves’s decision to assign Ms. Diehl to the case and to issue a private reprimand. Further, we find your conduct in this matter falling short of the standard we expect of our lawyers, to wit: (1) your letter to Ms. Meiklejohn, which publicly aired a private matter of firm management and which, if more widely circulated, could damage
the standing and reputation of the firm, opening it to ridicule and gossip; (2) your shortsighted assessment of a situation that could put at risk the firm’s important relationship with Ms. Meiklejohn’s father, Bruce Meiklejohn; (3) your animus against a younger colleague in the firm who had done nothing in this matter to deserve the accusations leveled against her; (4) your disregard of the traditions, values, practices, and procedures of the firm; and (5) your lack of judgment in refusing to accept Mr. Greaves’s private reprimand and in bringing the matter before the Management Committee. A lawyer’s judgment is the most important tool in her professional arsenal.

I hope we will all be able to put it behind us.

Yours,

Proctor Hand, Esq.

TRAYNOR, HAND, WYZANSKI

222 CHURCH STREET

NEW SALEM, NARRAGANSETT 06555

(393) 876-5678

MEMORANDUM

Attorney Work Product

Sophie—

FYI. I thought you’d want to see the letter Hand wrote Fiona. Confidential, of course. Did David show it to you? I would guess not. I couldn’t make the meeting. I don’t agree with the Committee. Her behavior to you has been uncivil and unprofessional, but (no offense meant) she is right. You are not a divorce lawyer.

Stick with us cowfolks. We miss you upstairs. How in hell did you get caught in this anyway?

Love,

P.S. It was great to see your mom again. She dropped by when she was in town the other day to say hello to the gang—and to ask me about habeas corpus. Was that for a new book? Did you know she sent me a signed copy of her last one? She’s a class act.

TRAYNOR, HAND, WYZANSKI

222 CHURCH STREET

NEW SALEM, NARRAGANSETT 06555

(393) 876-5678

MEMORANDUM

Attorney Work Product

Joe—

Do you really believe there are any confidential documents in this firm? I’ve already seen three copies—though you are the only
partner
to show it to me. My goose is cooked, stuffed, and dressed. Fiona won’t forget. She’s never liked me—which is okay; the feeling has become mutual—but I have never been able to figure out why. Up to now, she’s pretty much ignored me unless she absolutely had to speak to me, at which point she would address me in the third person, calling me a “Yalie,” as in “What would a Yalie do in this situation? Move to dismiss?” I have resisted sarcasm because Maman absolutely forbad it. She said it was worse than cursing.

I can understand that you wouldn’t agree with Proctor’s letter. He must have been very angry. “We find your conduct in this matter falling short of the standard we expect of our lawyers.” There’s a stomach churner for you. Do they want her to leave? I don’t know that I could come to work the next day.

It’s a short story how I got caught up in this. I miss you too. Everything’s so much more straightforward upstairs—maybe because there’s no property at stake, only life or liberty. There’s endless to-ing and fro-ing with a civil suit. And not much fun.

Love,

P.S. My mother said you called her “a real dame—and still a looker.”
She was thrilled.

You

Sweet Sophie—

Do you remember the lines from
The Real Thing
, words of advice from father to daughter:

“Happiness is equilibrium. Shift your weight.” I think of them when I think of you and practice shifting.

Harry

KAHN & BOYLE

46 B
ROADWAY
N
EW
S
ALEM
, N
ARRAGANSETT
06555
(393) 876-4343
A
TTORNEYS AT
L
AW

April 19, 1999

David Greaves, Esq.
Traynor, Hand, Wyzanski
222 Church Street
New Salem, Narragansett 06555

Dear Dave:

As you know, I am representing Dr. Daniel Durkheim in his divorce against Mrs. Maria Durkheim. Dr. Durkheim would like to see the matter settled, and I’m sure we can agree that a long, drawn-out divorce is to no one’s benefit. Your young associate Ms. Anne Sophie Diehl and I may have gotten off on the wrong foot, and I’m hoping you and I can put our heads together and resolve this matter expeditiously. Dr. Durkheim is prepared to be generous.

It is my understanding that during the marriage, Mrs. Durkheim handled the family finances. This should make massive orders of discovery superfluous. Dr. Durkheim says his wife knows what they have and where it is, and confirmation of this lies in Ms. Diehl’s letters to the various financial institutions holding accounts in their joint and separate names. Your firm’s knowledge of the Durkheims’ income, assets, and liabilities appears comprehensive.

I have attached to this letter a formal offer from Dr. Durkheim. Before presenting our proposal, I shall put forth a brief overview of the financials and the general considerations behind it.

The most substantial family asset is Mrs. Durkheim’s property on Martha’s Vineyard, which is worth at least $6 million. The family residence, in contrast, was built for $375,000 and financed with a $250,000 mortgage, virtually none of which has been paid off. The equity in the house is the original deposit they made of $125,000. There are two automobiles, an Audi, which Dr. Durkheim drives, and a Saab hatchback, which Mrs. Durkheim drives.

Other assets include Dr. Durkheim’s pension fund of approximately $600,000, Dr. Durkheim’s 401(k) plan, which has $300,000 in it, stock market investments of $700,000, and a joint savings account originally holding $80,000 but now depleted by Mrs. Durkheim’s recent withdrawal of $64,000. These accounts have been funded by savings from Dr. Durkheim’s salary and gifts from Mrs. Durkheim’s father, which total $320,000.

At this time, Dr. Durkheim is asking for joint legal and physical custody and will, of course, pay child support for Jane proportionate to the time she spends with her mother. He has expressed a desire for full physical custody, in light of Mrs. Durkheim’s state of mind, but I have persuaded him for the moment not to press it. He is also willing to pay spousal support while Mrs. Durkheim finishes her Ph.D. at Mather.

With these factors in mind, I present on behalf of Dr. Durkheim a proposal that we believe fully and fairly accommodates the needs and contributions of the parties. I look forward to hearing from you. I believe that you and I can settle this matter promptly.

Yours,

Ray Kahn, Esq.

KAHN & BOYLE

46 B
ROADWAY
N
EW
S
ALEM
, N
ARRAGANSETT
06555
(393) 876-4343
A
TTORNEYS AT
L
AW

SETTLEMENT OFFER

REAL PROPERTY:

Dr. Daniel Durkheim resigns any interest he may have, present and future, in the Martha’s Vineyard house and property. This property is currently valued at $6 million. He will keep the St. Cloud Street house, which was purchased three (3) years ago for $375,000. He will assume the $250,000 mortgage and pay Mrs. Maria Durkheim $25,000 in recognition of her contribution to the down payment of $125,000. Dr. Durkheim will continue to pay the mortgage and maintenance costs of the house until the divorce is settled.

PERSONAL PROPERTY:

Dr. Durkheim will keep the Audi he has been using and assume the loan payments for it. Mrs. Durkheim will keep the Saab hatchback she has been using and assume the loan payments for it.

ASSETS:

Bank Accounts, Stocks, Bonds, Mutual Funds:

Stock market investments currently total approximately $700,000. Mrs. Durkheim will receive $320,000 of these funds, which totals the full amount of the annual gifts to both of them from her father over the 16 years of their marriage. Dr. Durkheim will receive the balance of $380,000.

On April 6, on instructions from her lawyer, Mrs. Durkheim withdrew $64,000 from the couple’s joint savings account, leaving $16,000 in the account. If the amount Mrs. Durkheim withdrew from the savings account is added to her share of the proposed division of stock market investments, her total share of their assets comes to $384,000. If the remaining $16,000 in the savings account is added to Dr. Durkheim’s share of the stocks, his total share of the assets comes to $396,000.

Retirement/Deferred Compensation Plans:

Dr. Durkheim will retain his retirement accounts with TIAA-CREF, which currently have a value of approximately $600,000. He will transfer the funds in his 401(k) plan, which currently holds $300,000, to Mrs. Durkheim.

CHILD CUSTODY:

Dr. Durkheim and Mrs. Durkheim will share legal and physical custody of their daughter, Jane.

CHILD SUPPORT:

Dr. Durkheim will pay child support to Mrs. Durkheim to the amount of $2,000 a month until Jane reaches the age of 18 or graduates from high school, whichever event occurs last. He will pay all her school fees and expenses, including all costs for college. He will pay her medical insurance and all medical fees.

SPOUSAL SUPPORT:

Dr. Durkheim will pay spousal support to Mrs. Durkheim to the amount of $3,000 a month for four (4) years to allow Mrs. Durkheim time to complete her degree at Mather and to secure employment.