Sparring Partners(58)
Such language usually ignited Rusty, but he was still breathing heavily, and listening. His shoulders sagged even more and he looked deep into the eyes of Diantha. What he saw crushed him. She had no confidence. She doubted him. She thought he was about to lose, again.
“Carl is usually right, Rusty,” she said. “Let’s take the money and run. We’re up to our ears in bank loans.”
Rusty exhaled and managed another fake smile. “Okay, okay. I hate fighting with you guys.”
Carl said, “Take the money.”
(4)
Diantha walked them to the elevator and watched the door close. She hustled to the right side of the building, nodded at a young lawyer who was unpacking her briefcase, and tapped on the door of Kirk’s office. Without waiting, she pushed it open. He was standing behind his desk, as if waiting for her.
“The hospital offered one million to settle last night and Rusty just agreed to take the money.”
“Thank you, thank you,” Kirk said as he closed his eyes and raised his hands to the ceiling.
“He didn’t want to but Carl twisted his arm.”
“Hallelujah. Praise be to God.”
“There might be a problem, though.”
“What is it?”
“Bancroft called with the offer late last night and Rusty blew him off. Said no way. And of course he never thought about consulting with the client.”
“Late last night means he’d probably knocked back four or five doubles by the time Bancroft called.”
“I’m sure. He says he rejected the offer outright, but now plans to take the money this morning.”
“I’m sure the hospital would love to get out with only a million.”
“We’ll see.”
“How much cash do we have in the case?”
“Two hundred grand.”
“Two hundred grand? How can he spend so much money on a single case?”
“He always has, Kirk. The difference is that now he can’t quite seem to get the money back.”
“He’s lost the last three, right?”
“Four. This would be number five. Carl and Ben don’t like his chances.”
“We can’t afford another loss. He needs to stop suing people.”
“And you’re going to tell him that?” she asked.
“No. It would do absolutely no good. Litigation to him is like blood to a vampire. He loves the courtroom.”
“And once upon a time it loved him.”
“But he’s lost his touch.”
“I’ll check back later,” she said and turned for the door.
“Are you monitoring the case?” he asked.
“No, but I have a mole inside the courtroom.”
“Ben or Pauline?”
“I’ll never tell.”
“You’re very good with secrets, Diantha.”
“You have to be, around this place.”
(5)
A secretary led them back to the chambers and showed them in. Judge Pollock was already robed and chatting with Luther Bancroft, the lead defense attorney. A small band of his associates huddled in one corner, sadly lacking in clout and reputation to join the conversation. When Rusty marched in with his customary purpose, all eyes turned to him and he flashed a smile. Ben and Pauline were right behind him. Carl, the non-lawyer, did not qualify for the meeting.
After a round of terse “good mornings” and quick handshakes, Judge Pollock said, “So, gentlemen, I assume we are ready for closing arguments.”
Rusty smiled again and said, “Some good news, Judge. Late last night I took a call from Luther here and he made us an offer of settlement. I declined, but after a good night’s sleep we have decided to accept the sum of one million dollars to settle the case.”
His Honor was surprised and glared at Bancroft. “You didn’t mention a settlement offer to me.”
Bancroft said, “Well, Your Honor, I didn’t say a word about it because Mr. Malloy rejected my offer outright. He never even consulted with his client. Indeed, he was quite abrupt and used language you wouldn’t tolerate in open court.”
“I apologize, Luther,” Rusty said, condescending. “I didn’t realize you were so sensitive.”
“Apology accepted. Anyway, I informed my client and the offer was immediately taken off the table. I was instructed to try the case to the end. We’ve come this far. Let’s get it over with.”
Ben shot a look of desperation at Pauline, who appeared unmoved.
Rusty was surprised but recovered quickly. He rubbed his hands together as if itching for a fight and said, “Great! Let’s tee it up.”
Judge Pollock frowned at both lawyers and said, “Well, it seems to me that one million is a fair settlement, all things considered.”
Bancroft nodded gravely and said, “I agree, Judge, but my client was, and is, adamant. No settlement. The hospital firmly believes it did nothing wrong.”
“Let’s go!” Rusty said, ready to rumble.
“All right. Proceed to your tables. I’ll have the bailiff prepare the jury.”
All the lawyers filed out and headed for the courtroom. Ben Bush ducked into a restroom, locked himself in a stall, and sent a text message to Diantha: Defendant withdrew the offer after R’s rejection. Client never told. Headed for closing arguments. We’re so screwed!!