Free The Divorce Papers: A Novel by Susan Rieger

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 whois 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
cc:
David Greaves
Felix Landau
Fiona McGregor

TRAYNOR, HAND, WYZANSKI
    222 CHURCH STREET
    NEW SALEM, NARRAGANSETT 06555
    (393) 876-5678
    MEMORANDUM
    Attorney Work Product
From:
David Greaves
To:
Sophie Diehl
RE:
In the Matter of Durkheim: Legal Representation
Date:
March 29, 1999
Attachments:
 
    “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.

II. ORDERS/DISCOVERY

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