At 2.45 p.m., Hannah, Boaz and myself rose as Baruch Shoham took his place at the head of the conference table in his chambers.
“Well,” he said benignly, “I hope everybody had a pleasant lunch?”
“Thank you, Judge,” Hannah assured him on behalf of all present.
“And have you had any discussion about a suitable figure?”
“We are still rather apart, Judge,” volunteered Hannah. “I believe both parties would like to have your view on the matter.”
“But it would help me greatly to know where you were heading for. It’s always easier to come up with a reasonable proposal after hearing the parties’ views. Needless to say, our discussion in this room is off the record and without prejudice. If no agreement is reached, I’ll listen to formal arguments.”
“I discussed the subject with my Learned Colleague just before we resumed,” responded Hannah. “We made a firm offer of IL18,000. The plaintiff was prepared to take 26,000. But I think it’s only fair to say that, despite the substantial gap, both parties remained somewhat flexible.”
“You mean there’s some leeway?”
“Quite so, Judge,” affirmed Boaz.
“That’ll do,” said Baruch Shoham. “As it happens, the figure I am about to propose is within the margin. But before I refer to it I want the parties to know how I arrived at it. You see, I was most impressed with the plaintiff’s positive attitude to life. It came across during the cross-examination about his working technique. Once the feasibility of working in a sitting posture was demonstrated to him, he confirmed he ought to be able to adjust. His main loss is the abrupt termination of his dancing career: he had put his heart and soul into to it and his great dreams were nipped in the bud. True, his approach to life remains positive: his forthcoming move to Be’er Sheva underscores the point. But, as he himself told us, man does not live on bread alone. And I sympathise. These considerations led me, originally, to contemplate an all-in figure of say IL23,000.”
Shoham stopped for a moment, took his breath, reflected and then went on. “My assessment underwent a change when I discussed the case over lunch with my Brother Ehood Morag. You will recall that, originally, the case had been assigned to him and so he was quite conversant with the facts. He is also an avid dancer. Accordingly, he has a special ability to identify with Omri Tal’s predicament. Well, you can gauge my surprise when Ehood Morag took the view that an amateur dancer’s career was usually short lived. Very few enthusiasts could keep up with their training. In addition, they found their professional career clashing with their hobby. Morag further said that, after a while, many amateurs started to find dancing somewhat boring. So Omri Tal’s accident resulted in an early termination of a hobby which might, in any event, have lost its spell sooner or later on different grounds. Moreover, Omri Tal had apparently solved his immediate problem by turning himself into a teacher and dancing instructor. In the circumstances, Ehood Morag opined that a settlement of some IL17,000 would be just and fair.”
Once again, Baruch Shoham broke off, collected his thoughts, leafed quickly through notes he had made during the lunch break and, then, summed up. “After careful consideration, I concluded that my Brother Morag took a rather hard line. Undoubtedly, like the rest of us, Omri Tal would one day have to come to terms with the wear and tear inflicted by time. Still, my own impression, based on the evidence, was that for the time being Omri Tal would have continued to regard his dancing hobby as a major commitment in his life. In consequence, I recommend a settlement of an all-in figure of IL21,000.00. May I suggest that Counsel discuss this proposal with their respective clients and come back to me. Shall we resume in 20 minutes?”
“My client, Judge, has decided to accept,” affirmed Boaz when we resumed.
“So does Rotem.”
“So, the case is settled.” Shoham spoke with satisfaction and, addressing me, instructed: “Mr Berger, will you kindly draw up the agreement and submit the draft to Mr Tamir for approval. I’ll issue my order as soon as I’ve heard from the parties.”
It pleased me that Shoham, the ever tactful and considerate man, had remembered the importance of drawing junior lawyers into the fold by giving them some role to play. “Thank you, Judge,” I told him.
When we left the chambers, Hannah shook Omri Tal’s hand and wished him all the best. Rising to the occasion and playing his part, the one time Valentino invited us to visit him in Be’er Sheva. To my surprise, he added with a twinkle in his eye: “And please give my warmest regards to Mr Shalom Cohen. We are looking forward to seeing him at our wedding. I’ll send his invitation care of Boaz.”