Gray Mountain: A Novel(102)

“I’m not believing this,” Samantha said, stunned. “I got threatened in open court.”

“Oh, you haven’t seen anything yet. They’ll threaten you in court, out of court, in the hallways, on the phone, by e-mail, fax, or in court filings. Doesn’t matter. They’re bullies and brutes, just like their clients, and for the most part they get away with it.”

“Who is he?”

“One of their more talented assassins. A senior partner, one of six in their black lung division. About a hundred associates, dozens of paralegals, and all the support staff they need. Can you imagine Wally Landry sitting here without a lawyer?”

“No.” That visual seemed so far-fetched that it had to be illegal.

“Well, it happens all the time.”

For a split second Samantha longed for the strength and security of Scully & Pershing, a firm four times as big as Casper Slate and far wealthier. No one bullied the litigators at her old firm; indeed, they were often regarded as the bullies. In a dogfight, they could always send in another pack of wolves to protect their clients.

Trent Fuller would never consider such an altercation with lawyers from another big firm. He swaggered over because he saw two women at the table, two ill-paid legal aid lawyers representing, pro bono, a dying miner, and he felt unrestrained in throwing his weight around. The audacity was astonishing: his firm was guilty of fraud and conspiracy, and had been caught red-handed by Samantha and exposed when Donovan filed the Ryzer lawsuit. Now that the lawsuit was gone, Fuller and his firm were not at all concerned with their own wrongdoing. Of course not—they were worried only about their tarnished image.

Nor would Fuller have ventured over and caused trouble had Donovan been there. Indeed, none of the four pretty boys at the other table would risk getting punched because of a stray word or idle threat.

They were women, viewed by the boys as easily intimidated and physically vulnerable. They were fighting a losing cause and not getting paid for it; therefore, they were obviously inferior.

Samantha stewed as Mattie shuffled papers. The judge took his place and called things to order. Samantha glanced across the courtroom and again caught Fuller staring at her. He smiled as if to say, “This is my turf, and you don’t belong here.”





32


The e-mail read:





Dear Samantha: I enjoyed our brief meeting in New York and look forward to another conversation with you. Yesterday, Jan 6, Krull Mining filed a motion to dismiss our Hammer Valley lawsuit in federal court in Charleston. This was expected, as was its length and forcefulness. Obviously Krull Mining is terrified of the lawsuit and wants to get rid of it. In 35 years, I’ve never seen a motion as strident in tone. And it will be difficult to counter, absent proof yet to be developed. Can we meet at some point in the near future? Also, no sign of relief from D.C. Your friend, Jarrett London



On the one hand, she was hoping Jarrett London was a fading memory. On the other, she had been thinking about him quite a lot since her encounter with Trent Fuller. A trial lawyer with a reputation and courtroom presence would not have been subjected to such a demeaning ambush. Other than her father and Donovan, London was the only trial lawyer she’d met, and none of those three would have tolerated Fuller’s antics. Indeed, Fuller, had they been there, would have stayed on his side of the courtroom and said nothing.

But she was not eager to meet him. He wanted complicity, and she had no plans to get further involved. The semi-vague “proof yet to be developed” meant he was desperate and wanted the documents.

She wrote back:

Hello Jarrett: Nice to hear from you. I’m sure I can be available for a meeting; just let me know when. Washington has been briefed. SK



Washington had not been briefed, not completely. On the train to Washington after the Christmas holiday, Samantha had told Karen part of the story, and in doing so emphasized the “abusive” tactics being used by the FBI in harassing the plaintiffs on behalf of Krull Mining. She said nothing about the hidden documents, nor did she touch on the other dramas currently unfolding in her little part of coal country.

Karen seemed interested, to a point, but commented that the FBI was known to overreach and get itself in trouble. From her lofty position at Justice, the agents way down there on the streets were in another world. Karen had no interest in what they were doing, whether in Appalachia or New York or Chicago. Her world these days was consumed with high-level strategies involving policies to be implemented relative to the reckless behavior of certain big banks and certain sub-prime mortgage lenders, and so on and on …

The second significant e-mail of the morning came from a Dr. Draper, a pulmonary specialist in Beckley who’d been selected by the Department of Labor to examine Buddy Ryzer. His note was to the point:

Attorney Kofer: Attached is my report. Mr. Ryzer is suffering from PMF—progressive massive fibrosis, also known as complicated coal workers’ pneumoconiosis. His condition is advanced. I understand he is still working; frankly, I think he should not be, though there is nothing in my report to indicate this. I am available by e-mail for questions. LKD



She was poring over the report when the third one landed. It was from Andy Grubman, but not from his usual Scully & Pershing e-mail address.

Dear Samantha: Happy New Year. I trust this finds you doing well as you hustle about trying to save the world. I miss your smiling face and hope to see you soon. I’ll be brief and get right to the point. I have decided to leave Scully & Pershing as of the end of February. I am not being forced out, or furloughed, or anything like that. We’re parting on good terms. The truth is I can’t stand working in tax law. I find it incredibly boring, and I miss my old beat. I have a friend who worked in commercial real estate at another firm for many years, and he’s getting squeezed. We have decided to open our own shop—Spane & Grubman—with offices in the financial district. We have lined up two major clients—one a Korean bank and the other a fund out of Kuwait—and both are poised to pounce on distressed buildings along the East Coast. As you know, there is no shortage of over-leveraged units that have been swept underwater by the Recession. Also, these clients think it’s the perfect time to start planning construction to begin in a couple of years when the Recession is over. They have plenty of cash and are ready to move.