The Divorce Papers: A Novel (16 page)
Read The Divorce Papers: A Novel Online
Authors: Susan Rieger
Tags: #Fiction, #Contemporary Women, #Humorous, #Literary
TRAYNOR, HAND, WYZANSKI
222 CHURCH STREET
NEW SALEM, NARRAGANSETT 06555
(393) 876-5678
ATTORNEYS AT LAW
ADDENDUM TO FEE AGREEMENT
I,
Maria Mather Meiklejohn, a.k.a. Maria M. Durkheim
, the “Client” of
404 St. Cloud Street, New Salem, NA,
having retained the firm of Traynor, Hand, Wyzanski, the “Attorneys,” in connection with:
divorce proceedings
and such other work as may from time to time be performed by the Attorneys on the Client’s behalf, hereby agree to the following terms and conditions as an Addendum to the Fee Agreement originally entered into on
17 March 1999
. In that I have asked
Anne Sophie Diehl
, a criminal lawyer with no prior experience in matrimonial law, to represent me, I agree to pay additional time charges at the hourly rate of:
$150.00
for experienced matrimonial lawyers to the extent the Attorneys determine that they are necessary to assist her. In recognition of this modification, I shall pay to the Attorneys
$12,000
as an initial retainer in this matter.
As an Addendum to the Fee Agreement of 17 March 1999, this agreement modifies it to the extent represented herein.
THIS IS A LEGALLY BINDING CONTRACT. OWING TO THE UNUSUAL TERMS AND CONDITIONS OF THIS CONTRACT, THE CLIENT IS URGED TO SEEK INDEPENDENT COUNSEL.
We, the Client and the Attorneys, have read the above Addendum to the Fee Agreement and understand and accept its terms. Both have signed it as their free act and deed, and the Client acknowledges receipt of a copy of the Addendum. Signed this
8th
day of
April 1999
.
Traynor, Hand, Wyzanski
By:
 ClientMaria M. Durkheim |  AttorneyAnne Sophie Diehl |
Maria Mather Meiklejohn and Daniel E. Durkheim
Income & Expenses 1998
| Income | Yearly | Monthly | Weekly |
| Husband’s Salary | 370,000 | 30,833 | 7,115 |
| Taxes, Soc Sec | 100,000 | 8,333 | 1,923 |
| NET | 270,000 | 22,500 | 5,192 |
| Wife’s Salary | 14,000 | 1,167 | 269 |
| Taxes, Soc Sec | 4,000 | 333 | 77 |
| NET | 10,000 | 834 | 192 |
| NET Income | $280,000 1 | $23,333 | $5,384 |
Expenses
House (404 St. Cloud)
| Mortgage, Taxes | 42,000 | 3,500 | 808 |
| Utilities | 4,800 | 400 | 92 |
| Maintenance | 3,600 | 300 | 69 |
| Grounds | 1,200 | 100 | 23 |
| Housekeeper | 26,000 | 2,167 | 500 |
| Tuition (Jane) | 13,000 | 1,083 | 250 |
| Automobiles | | | |
| Audi | 9,600 | 800 | 185 |
| Saab | 7,200 | 600 | 138 |
| Medical | | | |
| Insurance | 1,800 | 150 | 35 |
| Office visits | 1,200 | 100 | 23 |
| Prescriptions | 800 | 66 | 15 |
| Eyeglasses | 1,800 | 150 | 35 |
| Psychoanalysis (wife) | 13,000 | 1,083 | 250 |
| Food | 15,600 | 1,300 | 300 |
| Clothing | 12,000 | 1,000 | 231 |
| Debt | | | |
| Entertainment | 12,000 | 1,000 | 231 |
| Travel, Vacations | 36,000 | 3,000 | 692 |
| Pets | 1,200 | 100 | 23 |
| Spending Money | 20,800 | 1,733 | 400 |
| Savings | | | |
| Investments | 25,000 | 2,083 | 480 |
| 401(k) DED | 30,000 | 2,500 | 577 |
| TOTAL Expenses | $278,600 | $23,217 | $5,357 |
1
Bruce Meiklejohn, Maria Meiklejohn’s father, has given Dr. Durkheim and Ms. Meiklejohn each $10,000 a year as a tax-free gift for 16 years, since their marriage in 1982. That money has gone directly into savings. It does not figure in this accounting, since it will no longer be forthcoming. The total contribution not including compounded interest equals $320,000. We will hire a tax accountant to compute the current value of the amount at the generally acceptable rate of return.
Maria Mather Meiklejohn and Daniel E. Durkheim
Marital Assets & Liabilities
April 1999
Joint Assets & Liabilities
| Joint Assets | |
| Equity in Family Residence Jointly Owned | $240,000 1 |
| Daniel Durkheim’s TIAA-CREF Retirement Accounts | 600,000 2 |
| Daniel Durkheim’s 401(k) Plan | 300,000 |
| Stock Market Investments Jointly Owned | 700,000 |
| Treasury Bills Jointly Owned | 90,000 |
| Joint Saving Accounts | 80,000 |
| Total Value of Assets Acquired After Marriage | $2,010,000 |
| Jointly Owned Personal Property | |
| Household Furnishings, Objects, Artwork | 100,000 |
| TOTAL VALUE OF ASSETS | $2,110,000 |
| Joint Liabilities | |
| 30-Year Mortgage of Family Residence | $250,000 |
| TOTAL VALUE OF LIABILITIES | $250,000 |
| Daniel Durkheim’s Separate Assets | |
| Inheritance from Parents, Distribution October 1998 | |
| Cash | $16,000 |
| 1989 Honda | |
| Maria Meiklejohn’s Separate Assets | |
| Martha’s Vineyard Home, March 1979 | $90,000 3 |
1
The family residence at 404 St. Cloud cost, with the land, $375,000 to build. Dr. Durkheim and Ms. Meiklejohn put down $125,000 and took out a 30-year 8% mortgage for the remainder of $250,000. Virtually none of the principal has been paid yet. Since they built the house, land values in New Salem have increased greatly and the current value of the home is now $525,000. If the home were sold this year and the mortgage paid off, the Durkheim-Meiklejohns would recover their $125,000 down payment and realize a profit of $115,000 ($150,000 less the Realtor’s fee of $31,500, calculated at 6% of the price, and closing costs of approximately $3,500), giving them $240,000 cash in hand.
2
Dr. Durkheim joined TIAA-CREF on July 1, 1983, when he became a Resident at Presbyterian Hospital.
3
Ms. Meiklejohn and her father, Bruce Meiklejohn, inherited the house on Martha’s Vineyard from Ms. Meiklejohn’s mother on her death in 1979, before Ms. Meiklejohn and Dr. Durkheim married. They are tenants in the entirety under a trust, which means neither can sell his or her share and the survivor inherits all. At the time of
Mrs.
Meiklejohn’s death, the property was valued at $90,000. The current rough estimated value of the house and land, the land being far more valuable than the house, which is a ramshackle place, is in the neighborhood of $3,000,000–$4,000,000.
TRAYNOR, HAND, WYZANSKI
222 CHURCH STREET
NEW SALEM, NARRAGANSETT 06555
(393) 876-5678
MEMORANDUM
Attorney Work Product
| From: | Fiona McGregor |
| To: | David Greaves |
| RE: | Matter of Durkheim: Representation |
| Date: | April 9, 1999 |
| Attachments: | |
I think your memo to me was unjust. I may not have followed the company line, but I did nothing that would injure the firm or its reputation and nothing contrary to the rules of governance. To the contrary, I maintain I acted properly and appropriately. Sophie Diehl is not fit to act in this case. I am, you are, Felix is. You will see that Mrs. Durkheim is not exposed, but the firm will wind up losing money. As Bruce Meiklejohn’s lawyer, you of course make the final decision here, but as a member of the firm, I have a stake in the firm’s reputation and the firm’s profits. At the very least, I and the other lawyers in the practice should have been consulted.
I want to make clear that I am not operating with any personal animus against Sophie. My motivation was and remains purely professional.
Please take my letter to the Management Committee. The partners all know about our difference of opinion on this matter; they were cc’ed on the memos, and I’m cc’ing them on this. I don’t think I did anything wrong. I felt a responsibility to Mrs. Durkheim and to the firm. And I still do.
| cc: | Jason Bell William Frost Proctor Hand Virginia Ladder Felix Landau Frank O’Keefe Joseph Salerno Katherine Sales John Wynch |
TRAYNOR, HAND, WYZANSKI
222 CHURCH STREET
NEW SALEM, NARRAGANSETT 06555
(393) 876-5678
MEMORANDUM
Attorney Work Product
| From: | David Greaves |
| To: | Fiona McGregor |
| RE: | Matter of Durkheim: Representation |
| Date: | April 9, 1999 |
| Attachments: |
The letter will go before the Committee at next Thursday’s meeting. You’re invited. Hannah will let you know the time.
TRAYNOR, HAND, WYZANSKI
222 CHURCH STREET
NEW SALEM, NARRAGANSETT 06555
(393) 876-5678
MEMORANDUM
Attorney Work Product
| From: | Fiona McGregor |
| To: | David Greaves |
| RE: | Matter of Durkheim: Representation |
| Date: | April 9, 1999 |
| Attachments: |
I’m looking forward to the meeting, as I persist in thinking I’m right. I’ll see you next Thursday. Just let me know the time in the next day or two, so I can work out next week’s appointment calendar.