The King of Torts

The King of Torts Page 26

The entire floor above his firm became vacant at the end of the year. Clay leased half of it and consolidated his operations. He brought in the twelve paralegals and five secretaries from the Sweatshop; the Yale Branch lawyers who'd been in other space were likewise transferred to Connecticut Avenue, to the land of higher rents, where they felt more at home. He wanted his entire firm under one roof, and close at hand, because he planned to work them all until they dropped.

He attacked the new year with a ferocious work schedule - in the office by six with breakfast, lunch, and sometimes dinner at his desk. He was usually there until eight or nine at night, and left little doubt that he expected similar hours from those who wanted to stay.

Jonah did not. He was gone by the middle of January, his office cleared and vacated, his farewells quick. The sailboat was waiting. Don't bother to call. Just wire the money to an account in Aruba.

Oscar Mulrooney was measuring Jonah's office before he got out the door. It was larger and had a better view, which meant nothing to him, but it was closer to Clay's and that was what mattered. Mulrooney smelled money, serious fees. He missed on Dyloft, but he would not miss again. He and the rest of the Yale boys had been shafted by the corporate law they'd been trained to covet, and now they were determined to make a mint in retribution. And what better way than by outright solicitation and ambulance-chasing? Nothing was more offensive to the stuffed shirts in the blue-blood firms. Mass tort litigation was not practicing law. It was a roguish form of entrepreneurship.

The aging Greek playboy who'd married Paulette Tullos and then left her had somehow gotten wind of her new money. He showed up in D.C., called her at the swanky condo he'd given her, and left a message on her answering machine. When Paulette heard his voice, she raced from her home and flew to London, where she'd spent the holidays and was still in hiding. She e-mailed Clay a dozen times while he was on Mustique, telling him of her predicament and instructing him on exactly how to handle her divorce upon his return. Clay filed the necessary papers, but the Greek was nowhere to be found. Nor was Paulette. She might come back in a few months; she might not. "Sorry, Clay," she said on the phone. "But I really don't want to work anymore."

So Mulrooney became the confidant, the unofficial partner with big ambitions. He and his team had been studying the shifting landscape of class-action litigation. They learned the law and the procedures. They read the scholarly articles by the academics, and they read the down-in-the-trenches war stories from trial lawyers. There were dozens of Web sites - one that purported to list all class actions now pending in the United States, a total of eleven thousand; one that instructed potential plaintiffs on how to join a class and receive compensation; one that specialized in lawsuits involving women's health; one for the men; several for the Skinny Ben diet pill fiasco; several for tobacco litigation. Never had so much brainpower, backed by so much cash, been aimed at the makers of bad products.

Mulrooney had a plan. With so many class actions already filed, the firm could spend its considerable resources in rounding up new clients. Because Clay had the money for advertising and marketing, they could pick the most lucrative class actions and zero in on untapped plaintiffs. As with Dyloft, almost every lawsuit that had been settled was left open for a period of years to allow new participants to collect what they were entitled to. Clay's firm could simply ride the coattails of other mass tort lawyers, sort of pick up the pieces, but for huge fees. He used the example of Skinny Bens. The best estimate of the number of potential plaintiffs was around three hundred thousand, with perhaps as many as a hundred thousand still unidentified and certainly unrepresented. The litigation had been settled; the company was forking over billions. A claimant simply had to register with the class-action administrator, prove her medicals, and collect the money.

Like a general moving his troops, Clay assigned two lawyers and a paralegal to the Skinny Ben front. This was less than what Mulrooney asked for, but Clay had bigger plans. He laid out the war on Maxatil, a lawsuit that he would direct himself. The government report, still un-released and evidently stolen by Max Pace, was one hundred forty pages long and filled with damning results. Clay read it twice before he gave it to Mulrooney.

On a snowy night in late January, they worked until after midnight going through it, then made detailed plans for the attack. Clay assigned Mulrooney and two other lawyers, two paralegals, and three secretaries to the Maxatil litigation.

At two in the morning, with a heavy snow hitting the conference room window, Mulrooney said he had something unpleasant to discuss. "We need more money."

"How much?" Clay asked.

"There are thirteen of us now, all from big firms where we were doing quite well. Ten of us are married, most have kids, we're feeling the pressure, Clay. You gave us one-year contracts for seventy-five thousand, and, believe me, we're happy to get them. You have no idea what it's like to go to Yale, or a school like it, get wined and dined by the big firms, take a job, get married, then get tossed into the streets with nothing. Does something to the old ego, you know?"

"I understand."

"You doubled my salary and I appreciate it more than you'll ever know. I'm getting by. But the other guys are struggling. And they're very proud men."

"How much?"

"I'd hate to lose any of them. They're bright. They work their tails off."

"Let's do it like this, Oscar. I'm a very generous guy these days. I'll give all of you a new contract for one year, at two hundred grand. What I get in return is a ton of hours. We're on the brink here of something huge, bigger than last year. You guys deliver, and I'll do bonuses. Big fat bonuses. I love bonuses, Oscar, for obvious reasons. Deal?"

"You got it, chief."

The snow was too heavy to drive in, so they continued the marathon. Clay had preliminary reports on the company in Reedsburg, Pennsylvania, that was making defective brick mortar. Wes Saulsberry had passed along the secret file he'd mentioned in New York. Masonry cement wasn't as exciting as bladder tumors or blood clots or leaky heart valves, but the money was just as green. They assigned two lawyers and a paralegal to prepare the class action and to go find some plaintiffs.

They were together for ten straight hours in the conference room, guzzling coffee, eating stale bagels, watching the snowfall become a blizzard, plotting the year. Though the session began as an exchange of ideas, it grew into something much more important. A new law firm took shape, one with a clear sense of where it was going and what it would become.

The president needed him! Though re-election was two years away his enemies were already raising money by the trainload. He had stood firm with the trial lawyers since his days as a rookie Senator, in fact he'd once been a small-town litigator himself, and was still proud of it, and he now needed Clay's help in fending off the selfish interests of big business. The vehicle he proposed for getting to know Clay personally was something called the Presidential Review, a select group of high-powered trial lawyers and labor types who could write nice checks and spend time talking about the issues.

The enemies were planning another massive assault called Tort Reform Now. They wanted to put heinous caps on both actual and punitive damages in lawsuits. They wanted to dismantle the class-action system that had served them (mass tort boys) so well. They wanted to prevent folks from suing doctors.

The President would stand firm, as always, but he sure needed some help. The handsome, gold-embossed, three-page letter ended with a plea for cash, and lots of it. Clay called Patton French, who, oddly enough, happened to be in his office in Biloxi. French was abrupt, as usual. "Write the damned check," he said.

Phone calls went back and forth between Clay and the Director of the Presidential Review. Later, he couldn't remember how much he had initially planned to contribute, but it was nothing close to the $250,000 check he eventually wrote. A courier picked it up and delivered it to the White House. Four hours later, another courier delivered to Clay a small envelope from the White House. The note was handwritten on the President's correspondence card:

Dear Clay,

I'm in a Cabinet meeting (trying to stay awake), otherwise I would've called. Thanks for the support. Let's have dinner and say hello.

Signed by the President.

Nice, but for a quarter of a million bucks he expected nothing less. The next day another courier delivered a thick invitation from the White House.

Urgent Reply Requested

was stamped on the outside. Clay and guest were asked to attend an official state dinner honoring the President of Argentina. Black tie, of course. RSVP immediately because the event was only four days away. Amazing what $250,000 would buy in Washington.

Ridley, of course, needed the proper dress, and since Clay was paying for it he went shopping with her. And he did so without complaining because he wanted some input into what she wore. Left unsupervised, she might shock the Argentines and everyone else for that matter with see-through fabrics and slits up to her waist. No sir, Clay wanted to see the outfit before she bought it.

But she was surprisingly modest in both taste and expense. Everything looked good on her; she was, after all, a model, though she seemed to be working less and less. She finally chose a stunning but simple red dress that revealed much less flesh than what she normally showed. At $3,000, it was a bargain. Shoes, a string of small pearls, a gold and diamond bracelet, and Clay escaped with just under $15,000 in damages.

Sitting in the limo outside the White House, waiting as the ones in front of them were searched by a swarm of guards, Ridley said, "I can't believe I'm doing this. Me, a poor girl from Georgia, going to the White House." She was wrapped around Clay's right arm. His hand was halfway up a thigh. Her accent was more pronounced, something that happened when she was nervous.

"Hard to believe," he said, quite excited himself.

When they got out of the limo, under an awning on the East Wing, a Marine in parade dress took Ridley's arm and began an escort that took them into the East Room of the White House, where the guests were congregating and having a drink. Clay followed along, watching Ridley's rear, enjoying every second of it. The Marine reluctantly let go, and left to pick up another escort. A photographer took their picture.

They moved to the first cluster of conversation and introduced themselves to people they would never see again. Dinner was announced, and the guests proceeded into the State Dining Room, where fifteen tables of ten were packed together and covered with more china and silver and crystal than had ever been collected in one place. Seating was all prearranged, and no one sat with his or her spouse or guest. Clay escorted Ridley to her table, found her seat, helped her into it, then pecked her on the cheek and said, "Good luck." She flashed a model's smile, brilliant and confident, but he knew she was, at that moment, a scared little girl from Georgia. Before he was ten feet away, two men were hovering over her, grasping her hand with the warmest of introductions.

Clay was in for a long night. To his right was a society queen from Manhattan, a shriveled, prune-faced old battle-ax who'd been starving herself for so long she looked like a cadaver. She was deaf and talked at full volume. To his left was the daughter of a Midwestern shopping mall tycoon who'd gone to college with the President. Clay turned his attention to her and labored mightily for five minutes before realizing she had nothing to say.

The clock stopped moving.

His back was to Ridley; he had no idea how she was surviving.

The President spoke, then dinner was served. An opera singer across the table from Clay began to feel his wine and started telling dirty jokes. He was loud and twangy, from somewhere in the mountains, and he was completely uninhibited when it came to using obscenities in mixed company, and in the White House no less.

Three hours after he sat down, Clay stood up and said good-bye to all his wonderful new friends. The dinner was over; a band was tuning up back in the East Room. He grabbed Ridley and they headed for the music.

Shortly before midnight, as the crowd dwindled down to a few dozen, the President and First Lady joined the heartier ones for a dance or two. He seemed genuinely pleased to meet Mr. Clay Carter. "Been reading your press, son, good job," he said.

"Thank you, Mr. President."

"Who's the chick?"

"A friend." What would the feminists do if they knew he used the word chick?

"Can I dance with her?"

"Sure, Mr. President."

And with that, Ms. Ridal Petashnakol, a twenty-four-year-old former exchange student from Georgia, got squeezed and hugged and otherwise networked by the President of the United States.