to help you pick the jury. You’ll need someone with good connections with the judge. Jack Barnes is the man for the job. I’d give him a call right away and get him on your team. He’s an experienced trial lawyer who knows his people. Give him a piece of the action. Better yet, give him Littleton’s piece of the action. Is Judge Robert E. Lee Boxer still onthe bench in Plains County?”
Davis hung his head and looked despondent.
“What’s wrong?”
“I waited too long.”
“What do you mean?”
“I wanted to retain Barnes in June, right after the meeting at the library. I knew we’d need his local political pull with the judge and his experience for the jury selection. Littleton talked me into waiting. He was convinced there’d be a quick settlement. He didn’t want to give up a percentage of the fee to Barnes. While we waited, Dr. Herman hired Barnes as his personal lawyer.”
“Lesson number one, don’t listen to Littleton. He’s an idiot.”
Davis nodded and told Morty that Boxer had two years left on his term and served three county circuits: Plains, Hewes, and Briar. He had been on the bench almost six years, and he was only in his late thirties. Davis had never appeared in front of Judge Boxer before. Davis didn’t get to Plains, Hewes, or Briar often. His practice was primarily in Nashville, Davidson County. He knew to keep his New York Jew ass in Nashville and hire a lawyer when he went to adjacent rural counties.
Morty emphasized the point: “I knew Boxer’s Uncle John pretty well. He was a great judge and held his bench for three terms, twenty-four years. He was scholarly and always prepared. John wouldn’t let a lawyer get away with anything. If a lawyer was avoiding a question with a witness, John would ask that question for the lawyer. I hated when he did that. I’ve been before his nephew. To his friends, he’s Bobby Lee.But you’ll be calling him Judge Boxer. Bobby Lee’s half the man that his uncle was, but that just makes him your average county judge, more politician than scholar.”
Both Morty and Davis understood courtroom politics. Morty was usually the beneficiary of such political favoritism.
“I know how you can get Boxer to move these cases. As a circuit judge, he presides in three county seats. The cases must be filed in Plains County because the alleged negligence and acts of malpractice occurred in Plainview. So you file there, but then move for a change of venue to Hewes County. I predict it will probably be granted.”
Davis looked at Morty with astonishment.
Morty had more to share: “These ten cases are going to tax any county court system. This is going to be a handful for any judge. Each trial will last at least two weeks, with endless motions and required court appearances. The entire process, if all ten cases are tried, will last at least five years, won’t it?”
“Absolutely.”
“So, if you were the judge faced with these cases and all this extra work, would you want to travel ninety minutes, forty-five each way, to court to preside over these trials? Or would you prefer to roll out of bed and walk to your courtroom? What does human nature tell you? And where do you think Judge Boxer lives?”
Davis smiled and said, “Hewes City, the seat of Hewes County.”
Davis’s tone turned serious. “Morty, I need your help. These Plainview cases are overwhelming. I’m ignoring my other clients.”
Before Davis could even ask the question, Morty reached his hand across the boat to shake Davis’s handand said, “Give me a dollar, Ben.”
Davis reached for his wallet and pulled out a one-dollar bill. He handed it to Morty.
Morty put the dollar in his pocket and said, “Say hello to your new senior associate. I want to mentor Sammie, and unlike when I taught you, I’ll have the time to do it right.”
“I don’t think you did such a bad job.”
“There’s always room for improvement,” Morty said with a grin.
Davis was forced to give Jake
Ellery Adams, Elizabeth Lockard