Ravages of a Guillotine

That morning I arrived at work just before Rachel. She caught up with me at the foot of the staircase. Grinning, she conceded: “So you won the race, my pet. You must have got up right after you crawled into your bed.” “I don’t need much sleep. And you waited by your ‘phone for my call. I really don’t know why you fret like this.” “You left my flat at 2.00 a.m. and were too proud to call a taxi! You had to take the half hour walk home!” ...

Dahlia Nissim and her mother, Rivka, were seated in front of the spacious desk, which made Jacob Keren look bigger than life. Both gazed at us with curiosity mingled with apprehension. Our first task was to make them feel at ease. To win a case, you must enjoy your client’s trust and confidence. As soon as Jacob Keren concluded the introductions, in which he alluded to us as his star team, Rachel set out to break the ice. ...

Rachel’s and returned to her office. As we went again through the facts, we concluded the accident had been triggered off by a fault in the machine. Still, in an action against the manufacturers it would hard to establish the fault. We preferred a suit against Wollor – the local firm – provided Rotem admitted liability. The question was how to persuade it. In the ultimate, it was an open-ended issue. Wolf’s record with the insurers would, undoubtedly, be a relevant fact. So would the orientation of Rotem’s personnel in charge. In this regard, both Rachel and I had some hope. Any decision of the Board of Directors would depend on a recommendation of the in-house lawyers. We knew both well and so embarked on an assessment of their likely reaction. ...

Boaz’ home was as welcoming as ever. The pleasant odours emanating from the kitchen, revealed Miri had prepared a sumptuous meal: she had mastered the art of cooking from her mother, who oversaw the kitchen in their Kibbutz, and had complemented her expertise by taking cooking lessons in Tel Aviv. Although I preferred mid-European and Mediterranean dishes to the East European cuisine, I always looked forward to a dinner at the Tamirs. ...

Franz Wolf’s firm occupied a pre-War ramshackle three story house in Peenes Street in the industrial part of Tel Aviv (adjacent to Jaffa). It took Boaz and me a brisk walk of some twenty minutes to get there. Keeping up with the speed of my army trained friend was an effort. On arrival, we had to climb up a steep external staircase leading to the office. I was relieved to drop into the comfortable armchair proffered by our host. A cup of tea made me feel better. ...

My experience with figurine brought a smile to Rachel’s face. It reinforced her assessment of her boyfriend: an eccentric with an unworldly outlook. Her light-hearted airs gave way to a serious reflection when I outlined the information about the manufacturers’ response and the relationship between Rotem and Franz Wolf’s firm. She thought it best to discuss it straightaway with our employer. Jacob Keren looked grave but was not unduly perturbed by the poor outlook of an action against the German firm. In any event, an attempt to sue it had to be deferred for the time being. Our clients were not wealthy and proceedings in a foreign country would entail extra expenses. This avenue might, however, be explored later on either by Franz Wolf’s firm or, possibly, by Rotem. In turn, the matter might be settled between the re-insurance companies of Rotem and of the insurers who covered the German manufacturers. Presently, we had to plan our campaign against Rotem. ...

Jacob Keren expressed satisfaction with the authorities I had unearthed in Jerusalem. They established that the issue involved was very much alive. Usually, we would have appraised the other party’s lawyer. However, sending my detailed opinion to Ben Zion Vered was risky. His duty would be to plug holes in it. Jacob Keren considered it safer to leak the opinion to Rotem. “But how?” asked Rachel. “Wouldn’t this be … unethical?” ...

Franz Wolf, who had kept his silence till this point, fidgeted and eventually spoke his mind. He wondered whether Rotem might get the manufacturers to cover part of the loss. His own efforts had failed as had Boaz’s direct appeal to their humanity. Still, Franz Wolf wondered whether the issue should be referred to Rotem’s re-insurers. In the ultimate, the loss would be settled by them or by the German re-insurers of the manufacturer’s insurers. If the two re-insurers had a knock-to-knock agreement, the final award of damages might actually be apportioned between them. ...

Our next meeting took place two weeks later, on a Friday afternoon. This time Dahlia and her mother were also present. Both looked awkward and out of place. To my relief, Franz Wolf’s arrival eased the atmosphere. Dropping into a vacant chair beside Dahlia he talked to her in a quiet and measured voice. Taking our cue from him, the rest of us did our best to put mother and daughter at their ease. In due course, the clouds left Dahlia’s face. Rivka’s expression, too, brightened. ...

The matter was now settled. Jacob Keren had to leave in order to attend another meeting. Rivka and Dahlia hurried to catch a bus. Hannah, too, had to get back in order to prepare dinner for Tali and herself. Ruth Schwartz, Boaz and Rachel stayed behind in order to draw up the settlement agreement. Feeling that his presence was no longer required, Franz Wolf got ready to depart. As I accompanied him to the entrance door, he observed that it was fortunate we had managed to conclude the negotiations. His employers in Hamburg were pressing him to come over as soon as possible and now he was able to do so. He planned to leave by the end of the month. ...