Jumping Out - Part 2

** Mike Sender is a fictional character, inspired by my experiences as a lawyer in solo practice. This story is fiction. All similarities to actual people is coincidental.

My office in Queens has a nice Manhattan view. I looked at the skyline and tried to think it through. Jump-ins. This is what I’m working for?

I thought about the first Jonas case, the one before this. He was a passenger in a car that was tapped from behind. There were two easy insurance companies, and he willingly went to the medical mill I sent him to. I got him a $7,500 settlement in six months, and he told me what a great lawyer I was. Yeah, right.

When Jonas later brought me Walter Walenda, I could tolerate dealing with him again. Not only did Walenda have a great case, I liked him. He worked in his dad’s store at night and had taken a few college courses—a young guy who would eventually figure himself out. His injury left him with a slight limp and a scar, but all in all, he had recovered well. He was quiet around me because his mouthpiece, Jonas, was always talking. But I had talked to Walenda enough to get a read on him, and I thought he was a decent guy.

Now I was only sure of one thing: These two schemers had duped me.

I took a deep breath and felt the full magnitude of the sleaze. What did they talk about when I wasn’t with them? Did they tell their friends what was going on? How did they feel lying at their depositions? How would they have felt doing it at trial? Was it any harder for Walenda? Would they have felt any guilt if they’d pulled it off? Not Jonas, no. Walenda? Maybe. Or maybe I’m just a naive dupe.

Had I represented other jump-ins or phonies? I had put myself in the game. Greed and good injuries—should I have expected different? Damn, I’m just trying to make a living!

I closed my eyes and meditated. Nothing fancy, just thinking about nothing until my mind was clear and I was able to think without anger.

I called Pivinski and asked him to send me all his reports and documentation—the proof of my clients’ scam. I printed everything, read it, and assembled it into a stack. I maintained focus and thought it over.

I called Pivinski again. Had he told his co-defendants (the Jeep) what he had told me? No, but eventually he would have to. I asked if he could hold off for a few days. He said, “You know we have to withdraw our previous offer. You gonna try to settle with the Jeep? I think I would, if I were you.”

I replied that I didn’t know yet, but could he hold off a few days? He gave me two days.

Next, I called the lawyers for the Jeep. These are actually the in-house lawyers for All Claim Insurance Company. Their clients are nameless, faceless numbers to them, since their real client is All Claim Insurance. Considering how close we were to a trial date, my call was not out of place.

This was Steve Melton’s file. Steve and I have a long history. He was my adversary on my first trial, the Angel Zapata case. Angel’s foot had been run over while standing on a curb. He was a construction worker whose foot was crushed—a good injury, although back then I wouldn’t have said that. He couldn’t work anymore. Even though money would not have healed his foot, it was a righteous case, and the money would have helped him and his family.

Steve Melton represented the driver and had half a million in coverage. Angel and I had turned down a $100,000 offer, rolled the dice, and tried the case. Somehow, the jury came in with a verdict of $24,000.

If Steve Melton felt like this was a win, he never acted like it. Angel never blamed me, but I blamed myself. Steve and I talked about it many times in the aftermath, and he always said, “It’s just one of those things. Things like that happen with juries sometimes.” After a few years, I stopped thinking about it every day.

We had settled many other cases in the meantime, and Angel Zapata was never mentioned.

Now we were talking about Walenda and Jonas. Steve told me what his file write-up showed: that there were two eyewitnesses stating his Jeep had run the light. They assessed liability as mostly against their client. They had $1 million in coverage, which I already knew. There were 15 other claimants besides my clients.

There had previously been a package offered to my clients, of which $45,000 was allocated to Walenda and nothing to Jonas.

I asked whether there was any further offer—if we could close it out today.

Steve said, “What do you have in mind?”

I said, “Look, here’s what I’ve got. Walenda wants to get a bus driving job, but he’s afraid if the case goes forward, he won’t be able to. Plus, he thinks the bus driver didn’t do anything wrong. Could you put another $30,000 on Walenda, bring us to a total of $75,000, and I’ll discontinue against Empire Bus? I’ll discontinue the Jonas case because it’s a bullshit case and he knows it. $75,000 is a good deal for you guys on an injury like this.”

He asked, “Will that close it?”

I said, “Yeah, it would.”

He said, “Let’s do it.”

Then I called Jonas.

“Can you and Walenda come in so we can talk in person?”

“What’s up, Mr. Mike?”

“I’ll tell you when you’re here. Can you come in today? Two o’clock, my office?”

“We’ll be there.”

When they arrived, I was smiling. As usual, Jonas was animated and Walenda was sullen. They were both in their late twenties—Jonas about 5’7”, Walenda about 6’2”. Jonas wore gray slacks and a tight black shirt, with new shoes. Walenda had on jeans, sneakers, and a Knicks sweatshirt.

I told Jonas he was looking well and asked what he’d been up to lately.

“Still doing my little projects, making deals, busy, busy, ya know.”

“How about you, Walter?”

“Not much,” he said, looking down at the floor.

Jonas then said, “So, good news, Mr. Mike?”

“Well, we had a conference on the case, and the lawyer for the bus company took me aside and told me some disturbing things, and now the three of us have to talk about them.”

“What kind of things?” Walenda said.

“Why don’t you tell me?”

Jonas stood up. “Listen, man, what kind of shit is this? You’re our lawyer—don’t be playing games with us.” Walenda was still looking down.

“Walter, do you want to tell me?”

“No.”

So I dropped two extra copies of Pivinski’s papers on the desk. Jonas picked them up and started reading. Walenda continued looking down. Jonas finished reading and looked at me.

I said, “Walter, I want to know about the soccer game and Coney Island Hospital.”

He sat there, looking down.

“I never even knew you played soccer. I bet you were a good player.”

“Did it hurt when you took off the soft cast and got on the bus?”

“What was Jonas’s cut going to be?”

“Shut up, man,” Jonas snapped.

“Did Jonas visit you in the hospital?”

“Does your mother know how you really got hurt?”

“Walter, what exactly did Jonas say to you when you saw the bus crash? What were his exact words? I want to know what he said.”

Jonas stood up and said, “We don’t have to listen to this.”

Walenda looked up and said, “Shut up, Jonas.”

He looked right at me and then back at Jonas. Jonas looked down.

Then Walenda said, “Jonas, I want the lawyer to advise me what to do.”

So I laid it out for him. The bus company had them nailed, and it could turn into a criminal matter. The bus company had pulled their offer, but I still had an offer of $75,000 from All Claim on Walenda’s case. It was good for two days, after which the bus company was going to tell All Claim. At that point, the offer would be zero, and we’d all have serious problems.

“So let’s do it,” said Jonas.

“That’s not all, is it?” said Walenda.

“No,” I said. “You guys pulled a fraud on me, but I still salvaged things, so one-third as my fee doesn’t do it. I want half.”

“You son of a bitch,” said Jonas.

“Any more advice you giving us?” Walenda asked.

“Thank you, yes. From my half, which will be $37,500, I’m keeping $2,500 to cover my expenses. The other $35,000 I’m giving to Angel Zapata.”

“Who’s that?” asked Jonas.

“Someone who really needs the money. A client of mine whose foot got run over and he can’t work anymore. I didn’t get him what he deserved, and now he’s getting a gift.”

“What about the rest?” Walenda asked.

“I don’t know yet, Walter. You’re going to tell me. You’ll have $37,500 to work with. I’d like to see you get rid of Jonas for $2,500, and I am advising you to do that. As far as the other $35,000, tell me what you think is right. I won’t question it.

The money will be payable to my attorney account, and I will pay your share wherever and to whomever you say. If you say ‘give it to me,’ you’ll get it—no questions asked. If Jonas convinces you that you should be 50/50 partners, I’ll do it that way too. I don’t want to spend another second on this matter. Tomorrow, you can both come by at two o’clock and see the receptionist. A letter will be there for you to fill in the blanks and sign. I am coming back at three o’clock tomorrow. If the letter is filled out and signed, it’s a done deal, and you’ll have money in three weeks. If either of you are here, or if the letter is not filled out and signed, I’m going to the police.”

Then I handed them the following letter:

I, Richard Jonas, hereby state that I did not sustain any injuries in a bus accident on Kings Highway and 28th Street. Rather than risk litigation expenses, I am electing to discontinue my portion of the lawsuit.

I, Walter Walenda, hereby agree to settle my case arising out of a bus accident on Kings Highway and 28th Street for the sum of $75,000. Out of this settlement, I agree that $27,500 ($2500 expenses plus 1/3 as a legal fee of $25,000) shall go to my lawyer Mike Sender.

From my share of $47,500, I direct my lawyer Mike Sender to pay the sum of $12,500 to Angel Zapata to satisfy a previous debt I owe him, and $__________ to Richard Jonas to reimburse him for expenses. I direct that the remainder of my share be paid to me, Walter Walenda.

________________ _________________

Richard Jonas Walter Walenda

They both read the letter. Then they both looked at me. I looked at Jonas, then at Walenda.

Not another word was spoken. They ambled out of my office and closed the door.

I thought about Angel Zapata for awhile.

Then I looked out at Manhattan. It was a clear day.

I had decided on my future as a negligence lawyer. I’d be jumping out.