The Price of the Verdict

© 2022 John Bae. All rights reserved. No part of this publication may be reproduced, distributed, or transmitted in any form or by any means, including photocopying, recording, or other electronic or mechanical methods, without the prior written permission of the publisher, except in the case of brief quotations embodied in critical reviews and certain other noncommercial uses permitted by copyright law.

Print ISBN: 978-1-66786-600-0

eBook ISBN: 978-1-66786-601-7

In loving memory of

Choon Jai Rhee and Young Nahn Rhee

For Anita, Alex and Will

Contents

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ACKNOWLEDGMENTS

1.

Jack Hatchet finished his closing statement and sat down at counsel table. He watched the jurors disappear out of the door behind the jury box. Jack’s partner Bob Tuckson put his arm around him.

Great job, Jack.

Thanks.

Sam Pritchard, the General Counsel of the Pearson Group, walked up to counsel table and tapped Jack’s shoulder.

Jack, that was brilliant. I think you’re going to pull this off.

Jack turned to Pritchard. The trial went well, but this is a challenging case. This would be a good time to call the plaintiff and settle.

What? After that performance? You had the jury eating out of your hand.

Jack looked away and stood. Sometimes we start to believe in our own bullshit. That’s when we make bad decisions. We have a difficult case as I’ve told you from the beginning. The evidence is stacked against us. Even if we win here, we will lose on appeal.

It’s a $500 million claim, Jack. If we win, we both will be heroes.

Jack shook Sam’s hand. You are the client, so it’s your call. A win here isn’t a win. You’ll get a significant reduction on the settlement demand if you call them now. They know they took a beating here, but they also know the evidence falls on their side. At least think about what I’m telling you.

Pritchard smiled. Alright Jack. I’ll raise it with senior management, but they’re likely going to want to see the verdict.

I understand. I would like to be in on the discussion when you speak with the CEO.

Pritchard nodded. Sure thing. I’ll let him know.

Jack picked up his briefcase and headed out of the courtroom. Bob caught up to him. You really think we’re going to lose?

Jack didn’t slow his pace. Yes. Ultimately.

Well, I have a feeling they’re going to want to wait for the verdict.

I agree, which is why I need to be involved when they make their decision.

What’re you going to do?

Jack stopped and turned to Bob. I’m going to save Pritchard’s job.

Well, he’s not going to want to settle because he’s taking the heat for this lawsuit. A victory here would help him greatly.

But for how long?

Bob didn’t respond.

He’ll save his job for a few months, but the company will have to write a big check when the case is reversed. Pritchard would have hung onto his job a little longer, but at what cost to the company?

Jack started walking again. Bob, you’re right. Pritchard’s not going to be very happy when I convince the CEO to settle, but I’ll do it in a way where Pritchard won’t have to take a hit.

How’re you going to do that?

Jack grinned. I’ll figure it out as I go.

Jack walked in his office and sat down on his couch. As the company’s General Counsel, Pritchard had selected the lawyers to represent the Pearson Group in negotiating the supply agreement with the plaintiff. Pritchard relied on his lawyers’ advice and signed the contract. He later realized the contract, as drafted, failed to require the plaintiff to deliver a critical component. The contract would have required the Pearson Group to procure another supplier to provide the missing part, which would have doubled the company’s manufacturing costs. Later recognizing this problem, Pritchard took the position that the plaintiff misled the Pearson Group regarding what it would deliver under the contract. Of course, the plaintiff did no such thing. When Pritchard terminated the contract, the plaintiff sued for $500 million, which was what the Pearson Group would have had to pay the plaintiff for the life of the contract. Even though this lawsuit was a direct result of the malpractice committed by the Pearson Group’s lawyers, Pritchard still took the heat for it, since he selected the law firm.

Jack’s phone rang. He heard his assistant Margaret on the intercom. Mr. Pritchard is on the phone.

Jack picked up the phone on the coffee table. Good afternoon.

Jack, this is Sam. I’m here with Mark Pintos, the company’s CEO. The CFO, Steve Lombard, is also here.

Nice to meet you both, said Jack.

Jack, this is Mark. I heard you destroyed the other side. Congratulations.

We shouldn’t celebrate yet. Also, much credit goes to Sam for getting me the information I needed to put up a viable defense.

So, what’s our next step? asked Lombard.

Before Jack could answer, he saw Bob standing at his door. Jack motioned for Bob to come in and take a seat.

I suggest you let me call the other side to negotiate a settlement, said Jack into the phone.

Why would we do that? asked Pintos. Why would we pay money to settle a case we’re going to win?

For your share price.

For my what? asked Pintos.

The company’s share price took a hit once news broke about this lawsuit. You might see a slight uptick after today’s trial, but the risk of the company taking a $500 million loss is already baked into your stock price. If we can settle this case for a significantly lower amount, your stock price will spike. If you don’t settle, you’ll be stuck with the depressed stock price until the appeal plays out. And, anything can happen on appeal. You are better off paying some amount now and distancing yourself from this lawsuit. The expected uptick in the stock price will more than make up for the check you’d have to write.

Jack could hear the three men discussing. After a few moments, Lombard said, How much do you think you can settle for?

Give me authority to settle for $200 million, but I’ll try to get it done for less.

Let us discuss internally, and we’ll come back to you, said Lombard.

Jack hung up the phone and waited.

So, you’re really pushing to settle this case, huh? said Bob.

It’s the right path.

Jack’s phone rang. It’s Mr. Pritchard again, said Margaret.

Jack answered on the speaker phone. Hey Sam. Bob is here with me.

Hey Bob. Jack, you have authority to settle for up to $200 million.

Great, I’ll see what I can do, said Jack as he hung up. He pressed the intercom. Please call Jimmy Coyne.

Mr. Coyne is on the line, said Margaret.

Good afternoon, said Jack.

Nice job in court today.

You too.

What can I do for you?

Now that we’ve beaten each other up a little, let’s see if we can resolve this case.

I’m all ears, said Coyne.

My client will wire $75 million to your client within five business days, and we’ll sign mutual releases and go our separate ways.

Well, I don’t know, Jack, said Coyne. I know you guys had a good day in court, but we feel pretty good about our chances on appeal.

You guys are going to want to accept this offer. Your client was in court today and saw your case get derailed. Yes, you could win on appeal, but what if you lose? Do you really want to be the lawyer who advised his client to walk away from a $75 million cash settlement? Remember, this is free money. Your client did not suffer any damages. This case is purely based on a contract that my client should never have signed.

Alright, I’ll take it to the client.

Please understand, we are not interested in a counteroffer. It’s either $75 million or we wait for the verdict. Also, keep in mind what’ll happen to your client’s stock price when the verdict is rendered.

Understood, said Coyne as he ended the call.

Bob shook his head. Don’t you think we at least should have considered the client’s desire to wait for the verdict? asked Bob. They are the client, and it’s their money.

Jack’s phone rang again. Mr. Coyne’s on the line.

Hey Jimmy, said Jack into the phone.

You have a deal.

Good. We’ll send you a draft settlement agreement this afternoon.

Jack pressed the intercom. Please get Sam Pritchard for me. A moment later, Margaret said, He’s on.

Sam, we settled for $75 million.

What?

$75 million.

That’s amazing, Jack. How’d you get them to agree to this?

They recognized that nothing’s ever certain in litigation. Just like you, they chose not to gamble. Certainty is always better than hope.

Well, you did a great job, Jack. Thanks again.

Jack smiled. My performance can only be as good as what the client allows. You took my advice. I know when a client has to fight to the end. This wasn’t one of those cases.

As he ended the call, Jack turned to Bob. Yes, there certainly is merit to letting the client decide its fate. No one would blame us for abiding by the client’s wishes. But that means we are just hired guns—hired to just fight the enemy the client points to, irrespective of how the fight will impact the client. Hired guns are a dime a dozen. I refuse to be that that kind of a lawyer. Either the client lets me fix its problem, or I won’t take the engagement. It’s not negotiable.

2.

Being a senior associate at a major New York City law firm assured Henry Lane of only one thing—a check every two weeks to pay the bills. But for him, who had no patience to spend the rest of his life building a career, the stability of a salary wasn’t enough. He stacked the twenty black chips in front of him and slid them across the green felt toward the croupier. The dealer dealt the first card, and Henry stared at the king of spades. The anticipation started to grow. The dealer dealt his card down. The dealer dealt the next card, and it was another king. Henry had twenty. His friends called this a no-brainer hand, because there was no decision to be made. You just sit back and wait to see what happens to the dealer’s hand. The dealer was dealt a six of diamonds. Henry was going to win this hand because the dealer was going to bust.

He thought about Elaine, sleeping in their bed, like she always was. Her therapist said she’d get better, but he couldn’t say when. They were just empty words to give him hope, to keep Elaine going back for more sessions at five hundred dollars a pop. The depression was eating her alive, but he didn’t believe there was anything anyone could do about it, other than temporary fixes with meds. She was alone in having to figure out a way to crawl out of the darkness she was trapped in. It pained him to know that, deep inside, he was responsible for keeping her locked up in that place.

Henry tilted his head back and allowed the Scotch to flow down his throat. It used to burn him, but not anymore. He was going to win this hand and then win some more. Elaine would be happy if he could bring home the winnings. It would help to pull them out of the hole he had put them in. He wished Elaine hadn’t seen the letter from the collection agency. In her state, that was the last thing she needed. Why did she pick today to go through the mail? She never before cared about what the USPS slid through the mail slot. Those assholes didn’t have the patience to wait. He was angry at them for sending the letter and upsetting her. He just needed a little more time, the right card or roll of the dice. All the debt would have been repaid, and life would have gone back to normal. She cried in anger and fear when she saw the letter. How could you? she asked. How could you gamble away everything we have? Those words echoed through his mind, and his heart ached. He couldn’t go back and change anything in the past, but he could change everything right now. He could start to win it back tonight.

Henry put down his glass. He had drained the last twenty thousand dollars left on his fourth Visa. In front of him was a winning hand. He’ll win. It was time to win back his life. The croupier turned over the hole card. It was a ten of clubs. Sixteen. The dealer had to take a hit and most likely bust. He waited in anticipation. Henry declined to take another card. The dealer dealt himself a five of diamonds. He stared at the cards sitting in front of the croupier, who swept the chips away from him. No, he wasn’t going to fix anything tonight. He would drink some more Scotch to numb the anger.

3.

Peter Cantor waited at the diner on Main Street with a half full cup of coffee. He stared at the curves of Patty Kullen as she poured coffee into the empty cups of the four men sitting two booths away. He knew she saw him staring. She always noticed, and she loved it. Was it the prospect of making a few dollars for giving him company or was it the idea that men still found her desirable? It didn’t matter at the end of the day. It had been a while since he was with her. He couldn’t afford her anymore. Business was crap and there was nothing in the works. All he had was the plan that was hatched a month ago. It was a short phone call. It didn’t have to be a long one to make him buy in. He believed in the strategy. He checked his watch and then looked out of the large window shielding him from the heavy rain outside. He didn’t hear Patty sneak up on him. You’ve been waiting a long time, Peter. Who’re you waiting for?

I’m waiting for David, he said as he turned to her. Looking good this morning, Patty.

Patty leaned down and brought her face to within an inch of Peter’s. You look pretty good too. Have something in mind? she asked, staring at his lips.

Normally, he would have kept it going, and maybe even would have tried to talk her into meeting him that night on credit, but he had too much on his mind. He turned away from her and looked out at the drenched street outside of the diner.

Maybe another time, Patty.

She straightened up and smiled. What are you two up to?

Nothing, Patty. Just getting together with an old friend.

Right. Old friend. I thought he hated you. After what you did to him.

He doesn’t hate me.

Patty shook her head and smiled. Sure.

He doesn’t, said Peter, smiling back.

Patty rolled her eyes and walked off to the next booth. Peter saw the blue Cadillac pull into the parking lot. A surge of excitement filled his head. His heart raced. A few moments later, he saw David Chen walk in the door. He shook off the raindrops from his coat and hung it on the wooden coatrack by the cash register. Peter waved and David walked over and slid into the booth. Patty came over with the pot of coffee and poured a cup for David. You two gonna eat something, or just take up my table to discuss your master plan?

David looked at her. What master plan?

Patty laughed, You know, the one that Peter’s going to tell you about.

Peter shook his head and glared into her eyes. Patty, you need to leave us alone, so we can talk.

Patty turned and walked away. David took a sip of his coffee. What was that about?

Nothing. She’s just being Patty. If you would’ve met me at my house like I suggested, we wouldn’t have to worry about her or anyone else bothering us.

Look, I know this is going to be a waste of my time, and I wasn’t about to drive cross-town to be at your house. So, this is the best you’re going to get from me. I need to get back to the office for a ten o’clock appointment. Why’d you want to meet?

Peter smiled. I won’t take that much of your time. I know you’re busy. I’m going to be bringing a lawsuit and I need your help.

You want my help? After what you did to me?

Stop living in the past. It’s pointless. And, I didn’t do anything to you that you didn’t have coming. You know you misdiagnosed her, and her family was entitled to be paid. Your insurance took care of everything anyway, so stop whining about it.

David stood up and put his hands on the table and leaned in toward Peter. I didn’t misdiagnose anything, he said in a hushed voice with gritted teeth. You fucking had that doctor lie on the witness stand. You don’t think I paid? Do you know what your lawsuit did to my insurance premium? I knew this was going to be a waste of time.

Peter took a hold of David’s wrist before he could pull away. David, please. Just sit for five minutes and hear me out. I’m sorry. I didn’t bring you here to rehash that case. Just five minutes, and if you don’t like what I have to say, I’ll stop bothering you.

David grunted and sat back down.

Thank you, said Peter. I asked you to come here to discuss an opportunity that’ll make real money—something that’ll more than make up for whatever you lost from that lawsuit.

David picked up his coffee. I’m listening.

Peter noticed Patty hovering nearby, so he lowered his voice and leaned in toward David.

I’m going to bring a lawsuit against Pearl-Line for its YF Cream.

For what?

The cream. It makes people sick. Autoimmune disease.

David furrowed his eyebrows. What? Autoimmune disease?

I know someone who got sick from using it, said Peter with a wink. And I need you to prepare the medical diagnosis.

David laughed. You must be joking.

Peter lowered his voice to a whisper. We can make a lot of money. My client is willing to sue, and all I need is for you to prepare whatever it is we need to show that she’s suffering from the disease. It’s that simple.

David shook his head. And what makes you think you can win? You think Pearl-Line will write a check just because you sued them?

Lower your voice, said Peter. I’ve got that worked out. If you’re on board, I’ll give you the details.

David leaned in toward Peter. And if I do this and put my medical career on the line, what do I get for helping you?

A lot of money.

And, how exactly will I be able to prove that YF Cream causes autoimmune disease?

You won’t have to worry about that piece. Like I said, I have a plan, and if everything goes the way I think it will, we’ll win no matter what.

What’ll I have to do?

You’ll have to prepare and sign the medical reports. Opine that the plaintiff is suffering from this disease, and talk about the pain and suffering she’s going through.

David stared at his coffee for a few seconds, then looked at Peter. I can get in a lot of trouble for this.

It’s foolproof. We play this right, we’ll be fine.

I need to know what I’ll get out of this.

Peter leaned in closer toward David. We’ll work something out.

If you want my help, we need to work this out up front.

What do you have in mind? Peter asked.

How much do you think you can make off of this?

Peter smiled. That will depend on the jury, but I have a feeling we can make many, many millions.

I want half.

You can’t have half. There are others involved. There are six of us, including you, and we have to divide the money evenly.

Who are the others?

That’s not important right now. The point is they’re on board and we’re ready to pull the trigger. But I can’t tell you who they are or any more details until I know you are game.

Patty walked to the table. You two gonna order any food?

Peter smiled at her. No, Patty. Can you just bring us the check please?

Peter continued after Patty walked off. Do we have a deal?

Yes, but I want a written agreement.

Don’t be stupid. Are you going to sue me if I don’t pay you? You’ll get your money.

How do I know you aren’t going to cheat me?

Because you’ll always have the threat of blowing the whistle on me. Everyone involved will have that same arrow in their quiver, and that’s what’ll ensure everyone does their part.

What good will that do? I can’t blow the whistle on you without getting myself in trouble.

You’re a smart guy, David. I’m sure you can figure out a way to do it without incriminating yourself.

David nodded, thinking through what Peter said.

Peter reached his hand out toward David and said, You do this with us, you are guaranteed to make millions. We are going to be rich.

David stared into his eyes for a long while, and then slowly took Peter’s hand.

Peter sat back and watched David walk out of the diner. Peter had a grin on his face as he picked up his coffee. He looked forward to the day he would be able to stand in a courtroom again to present his case to the jury, and the big payday that would follow. It would be just like the Greene case—the case against David Chen. He remembered the jury, staring at him, hanging on every word. David sat on the witness stand, with sweat dripping down the sides of his face. Peter had just shown the jury the picture of Liz Greene taken two days before her death. The jury was shocked at the image of the emaciated Liz, lying in the hospice, just waiting for death to come and take her. He also showed the jurors pictures of Liz before she got sick. They saw her beautiful face and radiant smile. He remembered the questions he had asked David that doomed him long before his lawyer put on his defense.

Dr. Chen, Ms. Greene was a patient of yours, correct?

Yes.

When did you last examine her?

I, uh, I think it was in March.

March. Let’s see. Do you know when she was diagnosed with cancer?

I believe it was in June.

When you examined her back in March, were you able to diagnose her cancer?

No, I mean, I, uh, I didn’t examine her for that.

Weren’t you her primary physician?

Yes, but we just did a routine checkup, and nothing turned up. There were no indications that she had cancer.

But you just testified that she was diagnosed with cancer in June, mere three months after you had examined her. Isn’t that right?

Yes.

Ms. Greene had advanced cancer, did she not?

Well, yes.

But, you were not able to diagnose the cancer in March, isn’t that correct?

Objection! shouted David’s lawyer. No foundation. Counsel is assuming facts not in evidence.

Sustained, said the judge. Of course, the judge’s ruling was correct. He had not yet put in any evidence that Liz was suffering from cancer in March when David examined her. But, the judge’s ruling was irrelevant. The jury had already heard his question and David’s prior admission that he didn’t diagnose the cancer in March. All he had to do was put on his star witness, Dr. Marty Schultz. And when Marty got on