It's Nothing Personal (40 page)

Dr. Kendall replied, “It sounds like your
decision is made.
 
Trust
yourself.
 
When all is said and done,
and the sun sets on this chapter of your life, the lawyers and all their advice
will be long gone.
 
They’ll be on to
the next lawsuit and the next set of victims.
 
You’ll be alone standing in front of the
proverbial mirror.
 
The only person you’ll
ever have to answer to is yourself.”

Jenna felt the burdens of her reality
lighten tremendously.
 
Her
perspective shifted to a brighter, more positive outlook.
 
Jenna’s attorneys were correct on one
account – this was
her
decision
to make.
 
For most of her life, she
had cowered.
 
Jenna viewed this
battle as an embodiment of every defeat she had ever endured.
 
This time, she was determined to
prevail.

CHAPTER 59

On Friday morning, Jenna phoned Walter
Morey.
 
She felt more empowered than
she ever had before.

“Walt, this is Jenna Reiner.
 
I just wanted to inform you that I am
meeting with Jim and Nancy this afternoon.
 
I’ve given my decision careful consideration, and I will not
settle.”
 
Her tone was unwavering.

In stark contrast to his judgmental stance
only days prior, Walt told Jenna, “You certainly sound less emotional than you
did earlier this week.
 
Keep up this
demeanor, and you’ll be fine.
  
I’ll be there when you need me.”

“I’m sure you will, Walt,” Jenna said with a
hint of mockery, as she hung up the phone.
 
So far, she was unimpressed with Walter Morey.
 
He had not yet offered Jenna anything of
substance, and she could only imagine what his services had cost her so far in
legal fees.

After calling Walt, Jenna drove to her
attorneys’ office.
 
Once they were
seated in the conference room, Jenna eyed each of them, attempting to determine
their sentiments.
 
Their faces
revealed nothing except anticipation.
 
With the aid of her chemically-induced sense of calm, Jenna assertively proclaimed,
“I refuse to settle.
 
I demand that
we take this to trial.
 
I’m certain
about my decision, and I will not waiver.
 
With that out of the way, I want to be brought up to speed on everything
as it pertains to my case.”

This was the side of Jenna that both attorneys
knew existed, but they rarely saw.
 
They only hoped it would last.

Giving Jenna the respect she deserved, Jim
began to explain where things stood.
 
“Our first issue is that our judge will be turning over after the first
of the year.
 
So far, Judge Krantz
has been a stroke of luck.
 
He’s
been fair and has ruled in our favor several times.
 

“The new judge, Judge Wilson, is more of an
unknown.
 
Judge Wilson has a
reputation of being objective and honest, but he’s also a relatively new judge
on the bench.
 
That means he may be
less likely to make risky rulings, even if they are the right thing to do.
 
If that happens, it increases the
likelihood that Allison Anders and Lyle Silverstein would have free reign in
the courtroom.
 
All we can do is
hope for the best.”

“Great,” said Jenna, with blatant pessimism.

Hesitantly, Nancy said, “I got a call from Anders
yesterday.”

“Oh yeah?” Jenna said, with the sourness of
hatred rising in her throat.

“She offered to settle for five hundred
thousand dollars.
 
It was what we
call a ‘drop-dead’ settlement demand.
 
Basically, we had until 5 p.m. to respond, or the offer would be revoked.
 
We called Randy Stevens, and he said to
tell them to take a hike.
 
I knew
you’d say the same, so I didn’t bother you with it.”

“You’re right about that.
 
Do you think this means anything?”

Nancy replied, “It could mean a number of
things.
 
Just as much as going to
trial is a gamble for us, it’s also a gamble for them.
 
Anders may not be quite as certain about
the case as she would like us to think.
 
Plus, we are approaching the most costly phase of trial
preparation.
 
The upcoming expenses
will eat away at their profits if they win or cost them dearly if they
don’t.
 
It could also mean that
Michelle Hollings doesn’t want to wait for her money.
 
Maybe she isn’t willing to risk a
loss.
 
It’s hard to say, but any way
you slice it, it shows some form of desperation.”

Jenna reveled in the thought of Allison
getting nervous.
 

“So what happened when you didn’t
respond?
 
Do you think they realize
settlement-negotiation days are over?”

“The fact that we didn’t validate their
offer with a response or even an acknowledgement sent a very clear
message.
 
Which brings me to this
morning.
 
Anders called and wanted
to know if you had retained personal counsel.
 
If so, she wanted to know who you’re
using.”

In spite of her medications, Jenna started
fuming.
 
Her face looked like
thunder.
 

“Anders has no right to that
information.
 
What did you tell
her?”

“I told her that whether you had or had not
retained personal counsel fell under attorney-client privilege.
 
She reminded me that this case may be
subject to punitive damages, and that any defense lawyer with a functioning
neuron would be a fool not to advise their client to seek personal counsel at
this point.
 
She’s demanding to know
who you’re using.”

“No way!” shouted Jenna, pounding her fist
on the table.
 
“What purpose could
she possibly have for wanting to know that, other than to somehow hurt me?
 
At the very least, she could tie Walt up
in hours of conversation that ends up costing me a bundle.
 
Does he know about this?”

“Yes, I spoke with him just before you
arrived.
 
He sees no problem with
them chatting.
 
However, it’s your decision.
 
He’s retained by you, so you call the
shots.”

Jenna tried to calm down.
 
“How could he possibly see no reason not
to question Anders’ motives?
 
She’s
a snake.”

“He sees things from a different
perspective.
 
He has a professional
relationship with Anders and Silverstein.
 
Not friendly, but not adversarial.
 
Their relationship is based upon mutual respect.
 
He thinks he may be able to fish around
and see if he can get Anders to slip up.
 
Maybe, she’ll tell him something that might help us.
 
Jim and I tend to agree.
 
We don’t see any harm in it, and there
truly is the potential for gain.”

Jenna was not sure what to think.
 
Knitting her brows, she asked Nancy,
“And what if Walt is the one who slips up and gives her something useful?”

“I know Walt, and I can guarantee that won’t
happen.
 
If it makes you feel
better, you can send him an email and cc Jim and me.
 
In it, you explicitly state that he is
not allowed to divulge anything about you or your case.
 
If he violates your directive, he could
lose his license to practice law.”

“You guys really believe this is the right
thing to do?”

“We do,” Nancy said firmly.
 
Jim nodded as well.

Against Jenna’s gut instinct, she trusted
her attorneys’ advice.
 

“Okay, then.
 
I’ll fire off an email to Walt this
afternoon.
 
Let me know what
happens.”

CHAPTER 60

Less than two hours had passed since Jenna
emailed Walt, granting him permission to speak with Allison.
 
Walt was sitting behind his desk working
on another case when his secretary buzzed him and disclosed that Allison was on
the phone.

“Allison!
 
It’s been a long time.
 
How have you been?” he asked politely,
doing his best to appear surprised by her phone call.

“I’ve been great, Walt.
 
Just trying to keep my head above water
with all of the hepatitis C cases.
 
Which brings me to why I’m calling you, other than to hear your sexy
voice,” Allison chuckled seductively into the phone.

Walt detected an echo as Allison spoke and
instinctively knew he was on speaker.
 
Most certainly, Lyle Silverstein was at Allison’s side.
 
Walt decided to disregard it.

Allison continued, “I understand that you are
personal counsel for Dr. Jenna Reiner.
 
Tell me, Walt, what is she like?
 
I mean, I spent seven hours with her during her deposition, but surely
she must have a side to her that’s more flattering than what I witnessed.”

“She’s very nice, especially to people who
aren’t suing her or trashing her in the press.”

Allison countered with feigned innocence, “I
can’t control what the Tribune chooses to publish.”

“I’m sure you can’t,” replied Walt with a
subtle, yet sarcastic, bite.
 
“Anyway, Allison, what can I do for you?”

“I was just wondering if Dr. Reiner is aware
that we have filed a motion for punitive damages to be included in her
trial?”
 
Allison asked with venom
dripping from her voice.

“When did that motion get filed?”

Allison snapped back, “This morning, at
8:30, to be exact.”

Walt shot back, “Allison, you and I both
know that this is not a punitive damages case.
 
Whatever Jenna Reiner’s actions were,
they were not willful and wanton.
 
You’ll never get a judge to rule in your favor.”

“We’ll see,” Allison said, barely loud
enough to be heard.
 
“Did you know
we sent over a settlement offer to her attorneys yesterday?
 
We’re thinking they must not have
received it, because they never responded.
 
Frankly, it was more than a little rude.
 
It seems like, with all the uncertainty
and negative publicity that Dr. Reiner faces if this goes to trial, she’d be
chomping at the bit to settle.
 
Does
she realize how serious things are?
 
Does she know we fully intend to go after her personal assets?”

“What makes you so sure you’d win?”

“We’ve got solid expert witnesses.
 
Dr. Reiner has admitted she left her
drugs alone in a room with a drug-addicted thief.
 
And then there’s our young patient,
whose entire life has been tarnished by Dr. Reiner’s carelessness.”

Allison paused for a moment, and then asked
candidly, “So, what we’d like to know is why it seems like she’s dug in her
heels?
 
Why is she refusing to
settle?
 
Hasn’t she been through
enough?
 
If I were her, I’d greatly
fear what could happen next.”
 

Refusing to violate his client’s demands, Walt
simply said, “Goodbye, Allison.
 
I
hope you have a good day, and good luck with your case.”
 

Before Allison could respond, he hung up the
phone.

Walter Morey had the uneasy premonition
that, as was the case with Jenna, this had become personal for Allison,
too.
 
For Jenna’s sake, he feared Allison’s
next move.

CHAPTER 61

Allison hung up the phone and stared
directly at her senior partner.
 
Lyle Silverstein’s face was red and tight.
 
He stood, sending his chair sailing
behind him.
 
Baring his unnaturally
white teeth, Lyle shouted, “Does Jenna Reiner really think she can beat
this?
 
She has no idea what she’s up
against.”

Over the years, Allison had become
accustomed to Lyle’s tirades.
 
She
sat calmly at the table, respectfully waiting for Lyle to finish.
 
When he had raged long enough to release
his pent up frustration, he looked at Allison and asked, “Okay, so what’s your
take on things?”

She thought carefully about her conversation
with Walt before answering.

“I think, as things stand now, Dr. Reiner
has decided there will be no settlement.
 
Looking back, it was a mistake to attack her in the media.
 
Prior to that story, settlement negotiations
weren’t going well, but at least they were underway.
 
Then the story prints, and all
negotiations come to a screeching halt.
 
Based on what Keith Jones told us, I fully expected the story would
break her, but, once again, she’s surprised me.
 
We can call in more favors and give her
more negative publicity, but I think it’s only going to add fuel to her fire.”