The Divorce Papers: A Novel (9 page)

TRAYNOR, HAND, WYZANSKI

222 CHURCH STREET

NEW SALEM, NARRAGANSETT 06555

(393) 876-5678

MEMORANDUM

Attorney Work Product

What is going on? I go off to Ireland for two weeks and return to find that Sophie Diehl is doing a Meiklejohn divorce. I had barely sat down at my desk this morning when Jennie burst in to tell me the news. (She was all wide-eyed, breathless; you’d think we’d been retained by Jerry Hall.)

It is irresponsible, not to say insulting to the divorce practice partners of the firm; an embryonic criminal lawyer who knows nothing about family law and who has been practicing law for 10 minutes is assigned the firm’s biggest, most important divorce case in years, and I am not consulted or even notified. How did this happen? Is it now firm policy that only Mather or Yale Law School graduates can represent the likes of the Meiklejohns? I can’t believe this is the way to run a law firm. I am stunned. There’s no other word.

TRAYNOR, HAND, WYZANSKI

222 CHURCH STREET

NEW SALEM, NARRAGANSETT 06555

(393) 876-5678

MEMORANDUM

Attorney Work Product

At my request, Sophie did the intake interview because you were out of town. A few days later, Maria Durkheim wrote me, asking for Sophie to represent her in the divorce. If you’d like to read Mrs. Durkheim’s letter, ask Hannah for a copy. You couldn’t be more unhappy than Sophie, who has no interest in doing divorces, not even a Meiklejohn’s.

When a client asks for a specific lawyer, the client gets that lawyer. That’s how this firm is run.

All About Eve

Dear Mags—

That divorce I’ve been roped into doing is heating up—not between the unhappy couple, as you’d expect, but in the office. Fiona is hopping mad. She wrote a memo to DG that was bristling with indignation and sent cc’s to all the partners. Four of them went out of their way to show it to me. Joe said it was
All About Eve
with the gloves (white or boxing?) off. I haven’t seen him so cheerful since we won the big WMU case. Needless to say, I am an object of her wrath—though DG got a dose of it as well. I don’t know why she dislikes me so much. She made a crack about Yale and Mather lawyers, but then everyone does. We can’t pass the bar, but we know our Rawls. I need to talk to my mother. She’ll tell me it will all be all right.

Sophie

TRAYNOR, HAND, WYZANSKI

222 CHURCH STREET

NEW SALEM, NARRAGANSETT 06555

(393) 876-5678

MEMORANDUM

Attorney Work Product

Attached is a draft copy of my letter to Maria Durkheim. It is perhaps not strictly correct for a legal document, but in its way it is responsive to Mrs. Durkheim’s and she will, I believe, take it in the spirit in which it is offered. Let me know what changes you think I should make.

I’ve asked all the Catholics in my family to light a candle to Saint Jude.

TRAYNOR, HAND, WYZANSKI

222 CHURCH STREET

NEW SALEM, NARRAGANSETT 06555

ATTORNEYS AT LAW

March 29, 1999

Maria M. Durkheim
404 St. Cloud Street
New Salem, NA 06556

Dear Mrs. Durkheim:

I am writing in regard to your request that I represent you in your divorce. I will be absolutely straight with you. I’m not the best person for this job. I am a criminal lawyer. I am not only ill prepared to act in a matrimonial case, I am barely on speaking terms with the rules of civil procedure. I have never litigated a civil action; I have never drafted any of the relevant documents or negotiated a separation and custody agreement.

I can understand the impulse that drove you to ask for me. You don’t want to have to tell your story over again. I think the same impulse makes therapy patients stick with a therapist no matter how useless or damaging the treatment. The operating—and pessimistic—theory seems to be that the devil you know is better than the devil you don’t. Don’t make that mistake in this instance. You have much better options. (And you won’t have to retell your story; the taped and transcripted versions of your interview are in your file at the firm.)

There are in our offices three attorneys who are knowledgeable and experienced in matrimonial law, all of whom would do an excellent job for you: Fiona McGregor is a recognized authority who has written articles for
The Narragansett Lawyer
and taught the state bar review sections on divorce and dissolution; Felix Landau has been practicing matrimonial law for 25 years and is an ace negotiator; David Greaves, our managing partner, is a superb litigator and one of the most respected lawyers in the state. My best legal advice to you is to choose one of them. You want a lawyer who
is known in the legal community as an expert and won’t be patronized or bullied by Ray Kahn. You want a lawyer who has credibility with the judges in Family Court. I am not that lawyer. I’ve never even been in Family Court. There is also the financial aspect of my representation. I am not only the least competent divorce lawyer in our firm but also the most expensive, since you will have to pay for the services of a second lawyer, someone who actually knows what he or she is doing. Frankly, I’m not worth it.

I know you will take this letter in the spirit in which it is intended. If I was less direct, I would be derelict in my responsibility, not only to you but to my profession. I am asking you to reconsider your decision. At such a vulnerable juncture in your life, you need to have the best legal representation available.

In the event you are sued for murder instead of divorce, I am the lawyer for you. As things stand now, I am not. I look forward to hearing from you.

Yours,

Anne Sophie Diehl

TRAYNOR, HAND, WYZANSKI

222 CHURCH STREET

NEW SALEM, NARRAGANSETT 06555

(393) 876-5678

MEMORANDUM

Attorney Work Product

“Not strictly correct” is putting it mildly, but as you observe, she will take the letter in the proper spirit. You realize, of course, it won’t work; in fact, it will only confirm her decision. What she likes is your sensibility; that’s what she’s buying. The only way I see for you to get out of it is to say that you don’t want to do it, that you hate civil cases, and I would be extremely reluctant to have you say that flat out—especially in print. You can understand; we don’t want to be known as a law firm with uncivil anti-civil law lawyers.

You can let the letter go as it is—or you could rewrite it in so formal, legalistic, and stilted a style that Mrs. Durkheim would not find you so appealing, so charming. I’m not sure it would work, but it might have a better shot. I leave it to you.

MARIA M. DURKHEIM

404 ST. CLOUD STREET

NEW SALEM, NA 06556

April 2, 1999

Anne Sophie Diehl
Traynor, Hand, Wyzanski
222 Church Street
New Salem, NA 06555

Dear Ms. Diehl (Sophie?):

It used to be my mail consisted entirely of bills, catalogues, and
The New Yorker
. Yesterday’s post brought your letter, a letter from your colleague Ms. McGregor, and a letter from Ray Kahn of K&B, which includes a Notice of Automatic Court Orders. I enclose for your information (and edification) Ms. McGregor’s letter (a follow-up on yours) and the K&B letter. Apparently I was supposed to respond to his summons and complaint on or before March 8 (20 days after the summons). Because I didn’t do that, Daniel is closing out our joint checking account.

You will already have grasped that I want to stick with you as my attorney—so long as you are willing, or not completely unwilling. I know you’d rather do your murders, but my case shouldn’t take that much of your time. I don’t care that you’re inexperienced. I know the firm will see that I am well represented; and as I said earlier, I don’t mind paying double if that’s what it takes. (I suggest David Greaves over Ms. McGregor, but it’s your call.)

Do I need to see you next week, or can you respond to the K&B letter without my input? (Apropos the Automatic Court Order #1, can I sell Daniel’s Audi to pay your attorney’s fees?) I am putting together the financials you asked for. Jane and I are planning to go away the week
of April 11 to visit friends in Hawaii, unless you advise against it. I don’t think Dan would change the locks on us. He loves Jane, and he doesn’t want to look bad. If he locks us out, he knows my father will call the dean of the medical school and the president of the hospital and maybe even the director of the NIH. He never liked Daniel but he held his dislike in check. No longer. I’m holding him back now. I haven’t told him about this second grenade from K&B. I don’t want to bring him in unless (until?) I need to.

Dan said he didn’t tell K&B to serve the summons at Golightly’s; it was their idea. “But they’re
your
lawyers,” I said. He shrugged. We are barely talking to each other; instead we leave notes. My latest is in the packet. He has set himself up in a guest bedroom and put in a new phone line to that room. I think it’s for calls to Dr. Stephanie. I picked up the receiver once when he was out, and the party on the other end hung up. Where does love go?

I took your letter in the spirit you intended it.

Yours truly,

Mia Durkheim

cc: David Greaves