Omri Tal saw Dr. Alon Shaked before the end of the month. When the medical report was in, I convened the firm’s pre-trial ‘conference’, chaired by Jacob Keren in person. Shortly before the appointed hour, Hannah Hod slipped into my office. She looked invigorated, had put on weight and, to my delight, had taken the trouble to make herself up.
“And how are you, Eli? I hear you have moved up in the world?”
“Eh?”
“Oh, I am not suggesting you got a promotion. I am no longer a party to such little secrets. But I’m told that you have risen high in the esteem of one Rachel Zeitlin, although she won’t go to another dance with you unless and until she finds a pair of steel framed shoes!”
“I did tread on her toes once or twice,” I admitted shamefacedly. “But I thought that even so she enjoyed the evening?”
“I’m sure she did. But I suspect she prefers to take you to the opera, the Philharmonic Orchestra, Habimah, cinemas, posh restaurants and let me not guess where else!”
“Hannah!!!”
“Calm down, Eli: my motto is: ‘live and let live’. But, seriously, you better take care not to cross the point of no return blindfolded!”
“Rachel and I have a good working relationship,” I stated lamely. “But I do like to go out with her – she is fun.”
“I’m glad you enjoy her company. How do you find her as a lawyer?”
“She is a fine courtroom advocate.” Indeed, Rachel could be as aggressive a cross-examiner as Hannah but also knew when to pull her punches or opt for a tactical retreat.
“But don’t you have to do some of her thinking for her?”
“She’s not an Ehood Morag on points of law.”
“So, you may complement one another. Well, then, best of luck to both of you. But now we better trot over to Jacob Keren’s office. He won’t appreciate being kept waiting!”
“Nice to see you again, Hannah. And how do you find your new post?” Keren, I noticed, looked at peace with the world. His ruddy complexion and relaxed expression attested that his spell in the Greek Islands had agreed with him. Just for once, he appeared to be at the top of the world.
“I’m fine, Mr. Keren. And you look splendid. Well, what do you think of our present matter?” Hannah pressed ahead.
“Joseph Almog’s reports confirm that Valentino is back on the dancing floor. But dear Omri restricts himself to social dancing. And Dr. Shaked thinks this is all he’ll be able to manage for the time being. So it seems to me we better to crush his claim for loss of future earnings and settle the loss of enjoyment of life claim. Omri is getting married, has the courage to plan a move to Be’er Sheva and, generally, shows no signs of becoming a social pariah or a dejected recluse. I think that settlement for an amount of IL18,000.00 sounds reasonable. What do you think, Hannah?”
“I still want to tackle him on both counts. I know that our Omri won’t win another Rumba trophy. But Almog’s reports show he continues to enjoy a full life: so, isn’t his ‘loss of enjoyment of life’ nominal?”
“Eli?” asked Keren.
“I’m not so sure. A man can put a good face on his ‘loss’ but go on losing sleep over it. Suppose Omri tells us: ‘My big dream was to be the greatest Rumba dancer ever. I can’t bear the thought of giving it up!’ Honestly.”
“Sounds highly articulate to me,” observed Hannah.
“Don’t you think Boaz will coach him?”
“But then, why don’t you think he’ll coach him on the loss of earnings?”
“Because I don’t think Boaz knows what you have up your sleeve!”
“But surely, Omri must know some dental technicians work from a wheelchair!”
“He may – but I don’t think he has told Boaz!” I said with confidence.
“He can’t be that dumb!” countered Hannah.
“I agree with Eli,” interceded Jacob Keren. “Many cases are lost because the client keeps facts from his lawyer. Such idiocy is more damaging than the other party’s brilliant tactics!”
“Well, then, what do you suggest?”
“Tread carefully on the ‘loss of enjoyment of life’ issue and go to town on the ‘future earnings’. Perhaps you should start with the former and leave the cross-examination on the latter for a devastating finale.”
“I’d rather crush Omri at the start!” said Hannah.
“Well, you are in charge. But I advocate extreme caution on the dancing issue. To my mind, Omri has been surprisingly candid with our esteemed Mr. Almog. Beware of the double bluff!”
For a moment I glanced at my boss in amazement. Usually, Jacob Keren would have insisted that his tactics be adopted or, in the very least, would have kept arguing. It then dawned on me that his acquiescence was natural. Although the Omri Tal matter remained, nominally, a case handled by J. Keren & Associates, the lead lawyer was Rotem’s new in-house counsel. In the circumstances, Keren saw no need to persevere.
Having concluded our discussion of the strategy, we turned to the nitty gritty details of Omri Tal’s claim. A meticulous calculation, carried out by Jacob Keren with the aid of his old fashioned adding machine, convinced us that a settlement should not exceed a total of IL19,000 or 20,000 at the most. As Boaz had told Ruth Schwartz, he would not “even consider” a settlement for less than IL27,000, we were reluctant to make an overture.
“I suspect the best time for a frank chat will be a day or two before the trial,” observed Jacob Keren. “They’ll feel less confident by then!”