The Litigators

CHAPTER 2


David Zinc made it off the L train at the Quincy Station in downtown Chicago, and he managed to shuffle down the steps that led to Wells Street, but something was going wrong with his feet. They were getting heavier and heavier, his steps slower and slower. He stopped at the corner of Wells and Adams and actually looked at his shoes for a clue. Nothing, just the same standard black leather lace-ups worn by every male lawyer in the firm, and a couple of the females as well. His breathing was labored, and in spite of the chill he felt moisture in his armpits. He was thirty-one years old, certainly too young for a heart attack, and though he’d been exhausted for the past five years, he had learned to live with his fatigue. Or so he thought. He turned a corner and looked at the Trust Tower, a glistening phallic monument jutting one thousand feet upward into the clouds and fog. As he paused and looked up, his heart rate quickened and he felt nauseous. Bodies touched him as they jostled by. He crossed Adams in a pack and plodded on.

The atrium of the Trust Tower was tall and open, with plenty of marble and glass and incomprehensible sculpture designed to inspire and provide warmth, when in reality it seemed cold and forbidding, at least to David. Six escalators crisscrossed each other and hauled hordes of weary warriors up to their cubicles and offices. David tried, but his feet would not carry him to an escalator. Instead, he sat on a leather bench beside a pile of large painted rocks and tried to understand what was happening to him. People rushed by, grim-faced, hollow-eyed, stressed-out already, and it was only 7:30 on this gloomy morning.

A “snap” is certainly not a medical term. Experts use fancier language to describe the instant when a troubled person steps over the edge. Nonetheless, a snap is a real moment. It can happen in a split second, the result of a terribly traumatic event. Or it can be the final straw, the sad culmination of pressure that builds and builds until the mind and body must find a release. David Zinc’s snap was of the latter variety. After five years of savage labor with colleagues he loathed, something happened to David that morning as he sat by the painted rocks and watched the well-dressed zombies ride upward to yet another day of useless labor. He snapped.

“Hey Dave. You going up?” someone was saying. It was Al, from antitrust.

David managed to smile and nod and mumble, then he stood and followed Al for some reason. Al was a step ahead as they got onto an escalator, and he was talking about last night’s Blackhawks game. David kept nodding as they rose through the atrium. Below him and following behind were dozens of lonely figures in dark overcoats, other young lawyers rising, quiet and somber, much like pallbearers at a winter funeral. David and Al joined a group at a wall of elevators on the first level. As they waited, David listened to the hockey talk, but his head was spinning and he was nauseous again. They rushed onto an elevator and stood shoulder to shoulder with too many others. Silence. Al was quiet. No one spoke; no one made eye contact.

David said to himself: “This is it—my last ride in this elevator. I swear.”

The elevator rocked and hummed, then stopped at the eightieth floor, Rogan Rothberg territory. Three lawyers got off, three faces David had seen before but didn’t know by name, which was not unusual because the firm had six hundred lawyers on floors seventy through one hundred. Two more dark suits got off at eighty-four. As they continued to rise, David began to sweat, then to hyperventilate. His tiny office was on the ninety-third floor, and the closer he got, the more violently his heart pumped. More somber exits on ninety and ninety-one, and with each stop David felt weaker and weaker.

Only three were left at ninety-three—David, Al, and a large woman who was called Lurch behind her back. The elevator stopped, a bell chimed pleasantly, the door opened silently, and Lurch stepped off. Al stepped off. David refused to move; in fact, he couldn’t move. Seconds passed. Al looked over his shoulder and said, “Hey, David, this is us. Come on.”

No response from David, just the blank, hollow gaze of someone in another world. The door began to close, and Al jammed his briefcase in the opening. “David, you okay?” Al asked.

“Sure,” David mumbled as he managed to move forward. The door slid open, the bell chimed again. He was out of the elevator, looking around nervously as if he’d never before seen the place. In fact, he’d left it only ten hours earlier.

“You look pale,” Al said.

David’s head was spinning. He heard Al’s voice but didn’t comprehend what he was saying. Lurch was a few feet away, staring, puzzled, as if watching a car wreck. The elevator pinged again, a different sound, and the door began to close. Al said something else, even reached out a hand as if to help. Suddenly David spun and his leaden feet came to life. He bolted for the elevator and made a diving reentry just as the door slammed shut. The last thing he heard from the outside was Al’s panicked voice.

When the elevator began its descent, David Zinc started to laugh. The spinning and nausea were gone. The pressure on his chest vanished. He was doing it! He was leaving the sweatshop of Rogan Rothberg and saying farewell to a nightmare. He, David Zinc, of all the thousands of miserable associates and junior partners in the tall buildings of downtown Chicago, he and he alone had found the spine to walk away that gloomy morning. He sat on the floor in the empty elevator, watching with a wide grin as the floor numbers zipped downward in bright red digital numbers, and he fought to control his thoughts. The people: (1) his wife, a neglected woman who wanted to get pregnant but found it difficult because her husband was too tired for sex; (2) his father, a prominent judge who had basically forced him to go to law school, and not just anywhere but Harvard Law School because that’s where the judge had gone; (3) his grandfather, the family tyrant who’d built a mega firm from scratch in Kansas City and still put in ten hours a day at the age of eighty-two; and (4) Roy Barton, his supervising partner, his boss, a prickish crank who yelled and cursed throughout the day and was perhaps the most miserable person David Zinc had ever met. When he thought of Roy Barton, he laughed again.

The elevator stopped at the eightieth floor, and two secretaries started to enter. They paused momentarily when confronted with David sitting in a corner, briefcase at his side. Carefully, they stepped over his legs and waited for the door to close. “Are you okay?” one asked. “Fine,” David answered. “And you?”

There was no response. The secretaries stood rigid and quiet during the brief descent and hustled off at seventy-seven. When David was alone again, he was suddenly worried. What if they came after him? Al would no doubt go straight to Roy Barton and report that Zinc had cracked up. What would Barton do? There was a huge meeting at ten with an angry client, a big-shot CEO; in fact, as David would think about things later, the showdown was probably the tipping point that finally caused the Snap. Roy Barton was not only an abrasive prick but also a coward. He needed David Zinc and others to hide behind when the CEO marched in with a long list of valid complaints.

Roy might send Security after him. Security was the usual contingent of aging uniformed door guards, but it was also an in-house spy ring that changed locks, videoed everything, moved in the shadows, and engaged in all manner of covert activities designed to keep the lawyers in line. David jumped to his feet, picked up his briefcase, and stared impatiently at the digital numbers blinking by. The elevator rocked gently as it fell through the center of the Trust Tower. When it stopped, David got off and darted to the escalators, which were still packed with sad folks moving silently upward. The descending escalators were unclogged, and David ran down one. Someone called out, “Hey, Dave, where are you going?” David smiled and waved in the general direction of the voice, as if everything was under control. He strode past the painted rocks and bizarre sculpture, and he eased his way through a glass door. He was outside, and the air that had seemed so wet and dreary moments earlier now held the promise of a new beginning.

He took a deep breath and looked around. Gotta keep moving. He began walking down LaSalle Street, quickly, afraid to look over his shoulder. Don’t look suspicious. Be calm. This is now one of the most important days of your life, he told himself, so don’t blow it. He couldn’t go home because he was not ready for that confrontation. He couldn’t walk the streets because he would bump into someone he knew. Where could he hide for a while, think about things, clear his head, make a plan? He checked his watch, 7:51, the perfect time for breakfast. Down an alley he saw the red-and-green flashing neon sign of Abner’s, and as he grew closer, he couldn’t tell if it was a café or a bar. At the door he glanced over his shoulder, made sure Security was nowhere in sight, and entered the warm, dark world of Abner’s.

It was a bar. The booths along the right were empty. The chairs were sitting upside down on the tables, waiting for someone to clean the floor. Abner was behind the long, well-polished wooden counter with a smirk on his face, as if to ask, “What are you doing here?”

“Are you open?” David asked.

“Was the door locked?” Abner shot back. He wore a white apron and was drying a beer mug. He had thick, hairy forearms, and in spite of his gruff manner he had the trusting face of a veteran bartender who’d heard it all before.

“I guess not.” David walked slowly to the bar, glanced to his right, and at the far end saw a man who’d apparently passed out, still holding a drink.

David removed his charcoal-gray overcoat and hung it on the back of a stool. He took a seat, looked at the rows of liquor bottles aligned in front of him, took in the mirrors and beer taps and dozens of glasses Abner had arranged perfectly, and when he was settled, he said, “What do you recommend before eight o’clock?” Abner looked at the man with his head on the counter and said, “How about coffee?”

“I’ve already had that. Do you serve breakfast?”

“Yep, it’s called a Bloody Mary.”

“I’ll take one.”

Rochelle Gibson lived in a subsidized apartment with her mother, one of her daughters, two of her grandchildren, varying combinations of nieces and nephews, and even an occasional cousin in need of shelter. To escape the chaos, she often fled to her workplace, though at times it was worse than home. She arrived at the office each day around 7:30, unlocked the place, fetched both newspapers from the porch, turned on the lights, adjusted the thermostat, made the coffee, and checked on AC, the firm dog. She hummed and sometimes sang softly as she went about her routine. Though she would never admit it to either of her bosses, she was quite proud to be a legal secretary, even in a place like Finley & Figg. When asked her job or profession, she was always quick to state “legal secretary.” Never just a garden-variety secretary, but a legal one. What she lacked in formal training she made up for in experience. Eight years in the middle of a busy street practice had taught her a lot of law and even more about lawyers.

AC was a mutt who lived at the office because no one there was willing to take him home. He belonged to the three—Rochelle, Oscar, and Wally—in equal shares, though virtually all of the responsibilities of his care fell upon Rochelle. He was a runaway who’d chosen F&F as his home several years earlier. Throughout the day he slept on a small bed near Rochelle, and throughout the night he roamed the office, guarding the place. He was a passable watchdog whose bark had chased away burglars, vandals, and even several disgruntled clients.

Rochelle fed him and filled his water bowl. From the small fridge in the kitchen, she removed a container of strawberry yogurt. When the coffee was ready, she poured herself a cup and arranged things just so on her desk, which she kept in immaculate order. It was glass and chrome, sturdy and impressive, the first thing clients saw when they walked through the front door. Oscar’s office was somewhat tidy. Wally’s was a landfill. They could hide their business behind closed doors, but Rochelle’s was in plain view.

She opened the Sun-Times and started with the front page. She read slowly, sipping her coffee, eating her yogurt, humming softly while AC snored behind her. Rochelle treasured these few quiet moments of the early morning. Before long, the phone would start, the lawyers would appear, and then, if they were lucky, clients would arrive, some with appointments, others without.

To get away from his wife, Oscar Finley left home each morning at seven, but he seldom got to the office before nine. For two hours he moved around the city, stopping by a police station where a cousin handled accident reports, dropping in to say hello to tow truck drivers and catch the latest gossip on the most recent car wrecks, drinking coffee with a man who owned two low-end funeral parlors, taking doughnuts to a fire station and chatting with the ambulance drivers, and occasionally making his rounds at his favorite hospitals, where he walked the busy halls casting a trained eye for those injured by the negligence of others.

Oscar arrived at nine. With Wally, whose life was far less organized, one never knew. He could blow in at 7:30, fueled by caffeine and Red Bull and ready to sue anyone who crossed him, or he could drag in at 11:00, puffy eyed, hungover, and soon hiding in his office.

On this momentous day, however, Wally arrived a few minutes before eight with a big smile and clear eyes. “Good morning, Ms. Gibson,” he said with conviction.

“Good morning, Mr. Figg,” she responded in similar fashion. At Finley & Figg, the atmosphere was always tense, with a fight just one comment away. Words were chosen carefully and received with scrutiny. The mundane early morning salutes were cautiously handled because they could be a setup for an attack. Even the use of “Mr.” and “Ms.” was contrived and loaded with history. Back when Rochelle had been only a client, Wally had made the mistake of referring to her as a “girl.” It had been something like, “Look, girl, I’m doing the best I can here.” He certainly meant no harm by it, and her overreaction was uncalled for, but from that moment on she insisted on being addressed as “Ms. Gibson.”

She was slightly irritated because her solitude was interrupted. Wally spoke to AC and rubbed his head, and as he headed for the coffee, he asked, “Anything in the paper?”

“No,” she said, not wanting to discuss the news.

“No surprise there,” he said, the first shot of the day. She read the Sun-Times. He read the Tribune. Each considered the other’s taste in news to be rather low.

The second shot came moments later when Wally reappeared. “Who made the coffee?” he asked.

She ignored this.

“It’s a bit weak, don’t you think?”

She slowly turned a page, then had some yogurt.

Wally sipped loudly, smacked his lips, frowned as though swallowing vinegar, then picked up his newspaper and took a seat at the table. Before Oscar won the building in a lawsuit, someone had knocked out several of the walls downstairs near the front and created an open lobby area. Rochelle had her space on one side, near the door, and a few feet away there were chairs for waiting clients and a long table that was once used somewhere for dining purposes. Over the years, the table had become the place where newspapers were read, coffee consumed, even depositions taken. Wally liked to kill time there because his office was such a pigsty.

He flung open his Tribune with as much noise as possible. Rochelle ignored him and hummed away.

A few minutes passed, and the phone rang. Ms. Gibson seemed not to hear it. It rang again. After the third ring, Wally lowered his newspaper and said, “You wanna get that, Ms. Gibson?”

“No,” she answered shortly.

It rang a fourth time.

“And why not?” he demanded.

She ignored him. After the fifth ring, Wally threw down his newspaper, jumped to his feet, and headed for a phone on the wall near the copier. “I wouldn’t get that if I were you,” Ms. Gibson said.

He stopped. “And why not?”

“It’s a bill collector.”

“How do you know?” Wally stared at the phone. Caller ID revealed “NAME UNKNOWN.”

“I just do. He calls this time every week.”

The phone went silent, and Wally returned to the table and his newspaper. He hid behind it, wondering which bill had not been paid, which supplier was irritated enough to call a law office and put the squeeze on lawyers. Rochelle knew, of course, because she kept the books and knew almost everything, but he preferred not to ask her. If he did, then they would soon be bickering over the bills and unpaid fees and lack of money in general, and this could easily spiral down into a heated discussion about overall strategies of the firm, its future, and the shortcomings of its partners.

Neither wanted this.

Abner took great pride in his Bloody Marys. He used precise amounts of tomato juice, vodka, horseradish, lemon, lime, Worcestershire sauce, pepper, Tabasco, and salt. He always added two green olives, then finished it with a stalk of celery.

It had been a long time since David had enjoyed such a fine breakfast. After two of Abner’s creations, consumed rapidly, he was grinning goofily and proud of his decision to chuck it all. The drunk at the end of the bar was snoring. There were no other customers. Abner was a man about his business, washing and drying cocktail glasses, taking inventory of his booze, and fiddling with the beer taps while offering commentary on a wide variety of subjects.

David’s phone finally rang. It was his secretary, Lana. “Oh, boy,” he said.

“Who is it?” Abner asked.

“The office.”

“A man’s entitled to breakfast, isn’t he?”

David grinned again and said, “Hello.”

Lana said, “David, where are you? It’s eight thirty.”

“I have a watch, dear. I’m having breakfast.”

“Are you okay? Word’s out that you were last seen diving back into an elevator.”

“Just a rumor, dear, just a rumor.”

“Good. What time will you be in? Roy Barton has already called.”

“Let me finish breakfast, okay?”

“Sure. Just keep in touch.”

David put down his phone, sucked hard on the straw, then announced, “I’ll have another.” Abner frowned and said, “You might want to pace yourself.”

“I am pacing myself.”

“Okay.” Abner pulled down a clean glass and started mixing. “I take it you’re not going to the office today.”

“I am not. I quit. I’m walking away.”

“What type of office?”

“Law. Rogan Rothberg. You know the outfit?”

“Heard of it. Big firm, right?”

“Six hundred lawyers here in the Chicago office. Couple of thousand around the world. Currently in third place when it comes to size, fifth place in hours billed per lawyer, fourth place when looking at net profits per partner, second place when comparing associates’ salaries, and, without question, first place when counting a*sholes per square foot.”

“Sorry I asked.”

David picked up his phone and asked, “You see this phone?”

“You think I’m blind?”

“This thing has ruled my life for the past five years. Can’t go anywhere without it. Firm policy. It stays with me at all times. It’s interrupted nice dinners in restaurants. It’s dragged me out of the shower. It’s woken me up at all hours of the night. On one occasion it’s interrupted sex with my poor neglected wife. I was at a Cubs game last summer, great seats, me and two buddies from college, top of the second inning, and this thing starts vibrating. It was Roy Barton. Have I told you about Roy Barton?”

“Not yet.”

“My supervising partner, a pernicious little bastard. Forty years old, warped ego, God’s gift to the legal profession. Makes a million bucks a year but he’ll never make enough. Works fifteen hours a day, seven days a week, because at Rogan Rothberg all Big Men work nonstop. And Roy fancies himself a really Big Man.”

“Nice guy, huh?”

“I hate him. I hope I never see his face again.”

Abner slid the third Bloody Mary across the counter and said, “Looks like you’re on the right track, pal. Cheers.”