Gray Mountain: A Novel(8)



“I’m not sure what I’ll be thinking in twelve months, but I can’t see much of a future at the firm.”

“Right, right.” He set his coffee cup on the table and leaned forward. “Look, Samantha, I can offer you a job right here, one that will pay well and keep you busy for a year or so while you sort things out. Maybe it can become permanent, maybe not, but you’ll have plenty of time to make that decision. You will not be practicing law, real law as they say, but then I’m not sure you’ve been doing much of that for the past three years.”

“Mom said you have two partners and that they’ve also been disbarred.”

He faked a laugh, but the truth was uncomfortable. “Karen would say that, wouldn’t she? But yes, Samantha, there are three of us here, all convicted, sentenced, disbarred, incarcerated, and, I’m happy to say, fully rehabilitated.”

“I’m sorry, Dad, but I can’t see myself working for a firm run by three disbarred lawyers.”

Marshall’s shoulders sagged a bit. The smile went away.

“It’s not really a law firm, right?”

“Right. We can’t practice because we have not been reinstated.”

“Then what do you do?”

He bounced back quickly and said, “We make a lot of money, dear. We work as consultants.”

“Everybody is a consultant, Dad. Who do you consult and what do you tell them?”

“Are you familiar with litigation funders?”

“For discussion purposes, let’s say the answer is no.”

“Okay, litigation funders are private companies that raise money from their investors to buy into big lawsuits. For example, let’s say a small software company is convinced one of the big guys, say Microsoft, has stolen its software, but there’s no way the small company can afford to sue Microsoft and go toe-to-toe in court. Impossible. So the small company goes to a litigation fund, and the fund reviews the case, and if it has merit, then the fund puts up some serious cash for legal fees and expenses. Ten million, twenty million, doesn’t really matter. There’s plenty of cash. The fund of course gets a piece of the action. The fight becomes a fair one, and there’s usually a lucrative settlement. Our job here is to advise the litigation funds on whether or not they should get involved. Not all potential lawsuits should be pursued, not even in this country. My two partners, non-equity partners, I might add, were also experts in complex tort litigation until, shall we say, they were asked to leave the legal profession. Our business is booming, regardless of this little recession. In fact, we think this current mess will actually help our business. A lot of banks are about to get sued, and for huge sums.”

Samantha listened, sipped her coffee, and reminded herself that she was listening to a man who once cajoled millions out of jurors on a regular basis.

“What do you think?” he asked.

Sounds dreadful, she thought, but kept frowning as if deep in thought. “Interesting,” she managed to say.

“We see huge growth potential,” he said.

Yes, and with three ex-cons running the show it’s only a matter of time before there’s trouble. “I don’t know beans about litigation, Dad. I’ve always tried to stay away from it. I was in finance, remember?”

“Oh, you’ll pick it up. I’ll teach you, Samantha. We’ll have a ball. Give it a shot. Try it for a few months while you sort things out.”

“But I’m not disbarred yet,” she said. They both laughed, but it really wasn’t that funny. “I’ll think about it, Dad. Thanks.”

“You’ll fit in, I promise. Forty hours a week, a nice office, nice people. It’ll sure beat the rat race in New York.”

“But New York is home, Dad. Not D.C.”

“Okay, okay. I’m not going to push. The offer is on the table.”

“And I appreciate it.”

A secretary tapped on the door and stuck her head in. “Your four o’clock meeting, sir.”

Marshall frowned as he glanced at his watch to confirm the time. “I’ll be there in a moment,” he said and she disappeared. Samantha grabbed her purse and said, “I need to be going.”

“No rush, dear. It can wait.”

“I know you’re busy. I’ll see you tomorrow for lunch.”

“We’ll have some fun. Say hello to Karen. I’d love to see her.”

Not a chance. “Sure, Dad. See you tomorrow.”

They hugged by the door and she hurried away.


The eighth rejection came from the Chesapeake Society in Baltimore, and the ninth came from an outfit fighting to save the redwoods in Northern California. Never, in her privileged life, had Samantha Kofer been rejected nine times in one day from any endeavor. Nor in a week, nor a month. She was not sure she could handle number ten.

She was sipping decaf in the café at Kramerbooks near Dupont Circle, waiting and swapping e-mails with friends. Blythe still had a job but things were changing by the hour. She passed along the gossip that her firm, the world’s fourth largest, was also slaughtering associates right and left, and that it too had cooked up the same furlough scheme to dump its brightest on as many broke and struggling nonprofits as possible. She wrote: “Must be 1000s out there knocking doors begging for work.”

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