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Conventional wisdom says if a jury is going to no-cause the plaintiff— award no damages—the verdict will be swift. Similar logic applies to criminal trials where juries will, within hours, convict people, but take days to acquit.
In civil cases, this rule is more than courtroom legend. It takes longer to decide a plaintiff’s verdict than it does to rule for the defense, for two simple reasons: A defense verdict requires one finding—the defendant was not responsible for the plaintiff’s damages. A plaintiff’s verdict requires a finding of liability and evaluation of damages, something not needed in a defense verdict. Thus, by sheer evidence evaluation, a jury has more work to do when rendering a verdict in favor of the plaintiff.
In Tracey v. Bartholomew, the jury had been out four days—usually a good sign for a plaintiff. Zack, however, was troubled by two considerations. The first was every rule had an exception. The six men and women could easily be stalemated over issues of liability and still be contemplating a “no cause.” The second—and more probable—was the jury could be computing significant damages, but against Father Gerry only. Jennifer and the boys would win the battle but lose the war.
This issue was keeping Zack up at night, a concern from the moment Jennifer walked through his office door. The verdict was uncollectible against an impoverished priest. The boys would never see a dime unless the church decided to cover the verdict. That would only happen if significant concessions in money and future publicity issues were negotiated. Jennifer was unlikely to concede anything to those bastards.
He hoped this jury was deadlocked over how much money to award the plaintiff from both defendants. If a verdict was joint and several, the plaintiff could collect the entire award from either or both defendants. It was crucial for this verdict to be joint and several.
The three-plus days of jury deliberation were agonizing in light of anticipation of the verdict. The first full day of deliberation was spent in the courtroom. Zack, Father Bill, Jennifer, and the boys sat, paced, and waited with Walsh and a few local reporters who had followed the story from the beginning. Jennifer wisely brought a couple of board games. The boys sat at the counsel table and played the games. That they were playing at all was a significant improvement brought about by the return of Father Bill. Zack couldn’t quell rising feelings of jealousy.
By the second day, Judge Perry decided he’d return, as much as possible, to the other business of his court. He advised the parties he’d call them if the jury delivered a verdict or if an issue required the attorneys’ presence.
Blake used the following few days to catch up on paperwork and unfinished cases. He also started to return a mountain of telephone messages resulting from his rekindled fame as a trial lawyer. Zack could build a practice again if he had the stomach for it. Whether he won or lost the Tracey case, he could soon be back on top.
However, he wasn’t sure he wanted to return to that rat race. He hoped to have a choice. It was another reason this verdict was so important. A plaintiff’s verdict against the church meant financial independence. He could cherry-pick his cases, take only the cream, and refer the milk to other lawyers for a standard one-third-referral fee. Or, he could hire younger associates and junior partners to do the grunt work. The right verdict would set him free.
He hadn’t seen Jennifer since they left the courtroom at the end of the first full day of deliberations. He wouldn’t call her. He agonized over possible reasons why she hadn’t called him. His reason for not calling was sensible. He had a lot of work to catch up on. A lawyer can’t try cases, go on vacation, or take sick days. The daily work is still there when he returns, waiting for him, like an unwanted visiting relative.
Damn it, why hasn’t she called? The answer, of course, was Father Bill. Now that this man was back in their lives, the Tracey family didn’t need Zack Blake. Blake sat back in his chair, not too far back. It was still broken. He’d get an expensive new one after the verdict. He’d move to a high-rise office building, hire an executive secretary, a paralegal, a couple of young attorneys, and renew his career. For the moment, however, he couldn’t concentrate. He couldn’t get her out of his mind. What is she doing? Right now, right this minute. The phone rang. Zack jumped.
“Zachary Blake.”
“Zack, it’s Craig Walsh.”
“Hey, Craig, how are you? This waiting drives me nuts, you?”
“Yeah, it’s no fun. That’s for sure. You’re about to receive a huge verdict for the plaintiff. The only question is . . . against whom? Will it be the church, the priest, or both? Obviously, that’s of major importance. That’s what should be driving you nuts.”
Walsh knew Zack’s pain point.
“You have a point,” Zack agreed. “Do I sense you’re about to make me another settlement offer?”
“Very astute of you, twenty-one million dollars, same terms as previous.”
“Holy shit! But it requires confidentiality and no post-trial publicity or publication rights?”
“Correct, but who cares with all that money? That’s a seven-million-dollar attorney fee, Zack.”
“Thanks for doing the math, Craig. Actually, I can divide any figure by three—”
“What do you think?”
“It’s an enormous amount of money, but the strings will be deal-breakers for Jennifer. She won’t agree to a confidential settlement, period. I’ve told you a hundred times. For her, this is not and has never been about money—”
“I know, it’s about justice and prevention,” Walsh finished the line for him. “Hasn’t there been enough publicity associated with this trial? How much more does she need?”
Blake remained silent. Craig wasn’t wrong, but Zack knew Jennifer.
“Well, I tried,” Walsh relented. “When the verdict is a hundred million against the priest, you’ll wish you listened to me. Do you honestly think the jury fully grasps the distinction? Do they know a damages award against the priest is the same as a no-cause?”
“We’ll just have to wait and see,” Blake suggested.
Walsh was right. How would the jury know the distinction? Walsh scared the shit out of him, playing on his worst fears. It really didn’t matter, though—the decision was out of his hands. He would take the offer to Jennifer. He was her lawyer, and this was his duty. She would reject it because of the attached strings. The offer did give him an excuse to call her. He resisted the temptation to hop in the Z4 and drive to Jennifer’s house. He checked his messages—there were none—and dialed her number.
“Hello?” Kenny answered.
“Hi, Kenny, it’s Zack. How are you doing’?”
“Fine, Zack. You want to talk to Mom?”
He sounded more cheerful than Zack could ever remember.
“Yes, please. How’s Jake doing?”
“He’s fine. Hey, Zack?”
“Yeah?”
“You coming over? I haven’t seen you in a while. We miss you.”
“Come on, Kenny. Stop kidding around.”
“No kidding, Zack. We were just talking about you, Jake, and me.”
“I figured I’d let you guys and Father Bill get reacquainted.”
“Hey, Father Bill is great, like an uncle or big brother, you know? But, Mom, well, I think Mom really likes you. Know what I mean? So do we, Zack.”
“I miss you guys, too,” Zack choked up. “Let me talk to your mom. And, Kenny?”
“Yeah?”
“Thanks.”
“For what?”
“For nothing. Let me talk to Mom.”
He waited a few moments, and she came to the phone.
“Zack! Where have you been? I’ve been calling you for two straight days. I don’t think your voicemail is working.”
“Oh, I’ve been at the office, catching up on all the work I’ve missed during the trial and returning missed phone calls. I’m kind of famous now. Sorry I haven’t called. I’ll have to check my voicemail.”
“That’s okay. I missed you. That’s all.”
“I’ve missed you too.”
“What’s happening? Any news from the jury room?”
“The church has increased its offer of settlement.”
“You’re kidding, again?”
“Yep. They’ll pay twenty-one million.”
“Oh, my God!”
“Oh, my God is right. But, Jen, the terms are the same, complete confidentiality.”
“We’ve come so far for a principle, Zack. You know I have tremendous faith, but this is so much money. This time, I’ll let you decide.”
Blake paused. She put the decision in his hands, right where he didn’t want it. To this point, he could blame her for whatever happened. He had no accountability. It was easier to say no to Walsh’s offers.
“Then the answer should be no, Jen. This case has always been about justice for the boys, never about money. It has been about faith. Let’s wait for the verdict.”
He couldn’t believe the words came from his mouth.
“Zack?”
“Yes?”
“I’m proud of you.”
“I’m proud of you too, Jen.”
“Are you coming over?”
“Are you inviting me?”
“Zack, you don’t need an invitation.”
“Be right over.”
***
Zack had a wonderful evening with the Tracey family. Father Bill, who was staying at the house, had to fly back to make arrangements for his return to Farmington. Zack was treated to a full-course meal and a high-stakes game of Monopoly. Kenny was the marathon winner, bankrupting everyone. The last to lose was Jake, who wiped the board clean with his arm, rather than giving Kenny the satisfaction of finishing the game as a winner.
Jake’s antics reminded Zack of his childhood. His older brother, Larry, was as poor a loser as he was a winner. When he won, he’d gloat. When he was about to lose, he’d quit or swipe the board, much the same way Jake did. Zack smiled at the memory. He’d have to call Larry. They hadn’t talked in a while.
After the game, the boys went upstairs, and Zack made cappuccinos. He and Jennifer sat together on the family room couch, watching TV, sipping English toffee cappuccino, and reminiscing.
Finally, after the first relaxing moments, he had spent in weeks, Zack looked at his watch and announced it was time to leave.
“Stay, Zack. Let’s have that talk,” Jennifer urged, gazing into his eyes.
She is so beautiful, Zack marveled. “What about the boys?”
“They don’t mind, Zack. They like you, you know.”
“I like them, too. So, the what-if scenario?”
“Would you prefer to talk about the weather?”
He agreed to stay. He was putty in her hands. Regardless of the outcome of the verdict, he hoped they would be together.
***
Blake awoke on Jennifer’s couch, déjà vu all over again. The sound of his cell phone alerted him to a missed call. He cleared the cobwebs and staggered to the bathroom. He had to look twice at the screen for the missed call phone number, adjusting his eyes to the light pouring in from an overhead skylight. It was a 313 number, probably Judge Perry’s chambers. Was it a verdict? He made sure the number was saved in his caller ID and returned to the family. Jennifer was sitting on the couch.
“What’s up, doc?” She stretched and yawned.
“I think the court called. Maybe there’s a verdict.”
“That’s good, isn’t it? It’s not too quick, is it?”
“Hard to say, Jen. I don’t even know if it is a verdict.”
He reverse-dialed the number, waited for a connection, and then spoke briefly to a clerk.
“We have a verdict,” he remarked. “We have to get to the courthouse.”
“Oh my God,” Jennifer squealed. “I’m not ready.” She looked in the mirror. “Look at my hair. I don’t have anything to wear. I look like crap!”
“Calm down, Jennifer. All I have is the suit I wore yesterday. I don’t even have a change of underwear. You’ll look great. I’ll look like shit.”
“Then we’ll look like shit together,” Jennifer laughed. “You want the first shower or second?”
