The Divorce Papers: A Novel (14 page)

Dear Sophie—

Apology accepted.

Is your mother
the
Elisabeth Diehl; I never made the connection. But of course, it makes sense. I remember you saying you were raised up in the criminal courts. I assumed your father was the lawyer; a law professor lawyer. Serves me right. I’m a fan. I par-ticularly liked
A Murder of Crows
, and of course,
A Gun in the First Act
.

I’d like very much to have lunch with you and your mother on Friday. You called her Elisabeth Dreyfus. What name does she go by?

I am a member of Porter’s. If you’d allow me, I’d like you two to be my guests.

You should have a meeting with Mrs. D before she takes off for Hawaii. There’s the addendum to the retainer to talk about, and you need to start thinking about an offer. You could also reassure her once again on custody.

David

TRAYNOR, HAND, WYZANSKI

222 CHURCH STREET

NEW SALEM, NARRAGANSETT 06555

(393) 876-5678

MEMORANDUM

Attorney Work Product

Your letter to Maria Durkheim was out of line. It challenges my authority as Managing Partner, it undermines the values and the reputation of the firm, and it puts at risk important business relationships. Mrs. Durkheim sent a copy of your letter to me. I will keep this matter between us, and not bring it up at the Management Meeting next week, but I’d like assurances from you that this kind of behavior will not be repeated.

TRAYNOR, HAND, WYZANSKI

222 CHURCH STREET

NEW SALEM, NARRAGANSETT 06555

(393) 876-5678

MEMORANDUM

Attorney Work Product

I’ve written a very rough draft of a letter to Ray Kahn in response to his letter of March 30, 1999, to Mrs. Durkheim. I’ve incorporated all of your suggestions, with two exceptions. (1) I said outright that Dr. Durkheim violated the Automatic Orders by closing the joint checking account and that we would not put up with that kind of behavior again. (2) Instead of asking Kahn to ask Dr. Durkheim how he intends to pay the bills, I would like to have Mrs. Durkheim transfer the $80,000 currently sitting in their joint savings account to an individual checking account in her name at a different bank. My letter would then inform Kahn, after the fact, that the transfer had been made and threaten a contempt motion if Dr. Durkheim took any further steps to “indicat[e] a separation of property.” Anything less subtle is wasted on Kahn. Please let me know what you think of these modifications and also what other changes you would suggest. The letter should go out today. We are 30 days past the Return Date, and the financials are due tomorrow. We, of course, won’t get ours in, and I don’t think theirs will be ready either, but I’d like to get them something soon, so if we do have to go to court, Kahn can’t claim they had no choice because we were carrying on a delaying action.

TRAYNOR, HAND, WYZANSKI

222 CHURCH STREET

NEW SALEM, NARRAGANSETT 06555

(393) 876-5678

MEMORANDUM

Attorney Work Product

I agree that Mrs. Durkheim should remove the money from the savings account. They’re playing hardball; we’ll play too. You should call her immediately and have her do it today. I’ve never advised a client to do something like this so early in the game, but you’re right to act decisively now. It will surprise them and also disconcert them. Good work.

Don’t worry about all those deadlines Kahn has set. No one gets a divorce in this state that fast. We’re moving at a fair clip; no judge will find us dilatory. The thing to remember is that they want to settle as soon as they can. If this case goes to court, Dr. Durkheim won’t get his final decree (or his house) until August 2000 at the earliest.

TRAYNOR, HAND, WYZANSKI

222 CHURCH STREET

NEW SALEM, NARRAGANSETT 06555

(393) 876-5678

MEMORANDUM

Attorney Work Product

Following up on your memo, I spoke with Mia Durkheim this afternoon and advised her to transfer the funds in the joint savings account to an individual checking account in her name at a different bank. I also advised her to put the treasury bills into a safe deposit account in her name. She agreed to do both. She called me back an hour later to say that she’d taken out $64,000 and put it in her new account. She decided to leave $16,000, the amount of Dr. Durkheim’s legacy from his parents, in the account for him. She also stashed the treasury bills. She thanked me for recommending this step. She said it made her feel better, less helpless, to do something provocative. (She uses words very well, even in her 2 a.m. confessionals. My mother would like her style.)

I’m attaching here the letter to Kahn. If I do say so myself, it’s very divorce-lawyerly. I could almost pass for the real thing, no? I have also drafted a letter to the various institutions holding the rest of their money (TIAA-CREF, Federated Central, etc.), letting them know that a divorce is under way and that none of the accounts should be modified, closed, or invaded. Let me know what you think of it.

TRAYNOR, HAND, WYZANSKI

222 CHURCH STREET

NEW SALEM, NARRAGANSETT 06555

(393) 876-5678

ATTORNEYS AT LAW

April 6, 1999

Ray Kahn
Kahn & Boyle
46 Broadway
New Salem, NA 06555

Dear Mr. Kahn:

I write on behalf of Mrs. Maria Meiklejohn Durkheim, who has retained the services of Traynor, Hand, Wyzanski to represent her in the divorce proceedings instituted by her husband, Dr. Daniel E. Durkheim. David Greaves and I shall act for Mrs. Durkheim. In the future, please direct all correspondence to one of us, not to our client. I enclose with this letter copies of the Acceptance of Service, the Notice of Appearance, the Answer to the Complaint, and the Certificate of Service, all of which have been duly filed with the Court Clerk.

As you know, the Automatic Orders went into effect for Dr. Durkheim on the day he filed his Complaint. By closing their joint checking account on April 1, without his wife’s consent, Dr. Durkheim violated those Orders. Until the Durkheims have concluded their separation agreement, we must insist that the financial arrangements they maintained during their marriage continue in place. This includes all bank, charge, and credit card accounts. If Dr. Durkheim takes another step to “indicat[e] a separation of property,” we will be compelled to file a motion for contempt. In the meantime, we have instructed Mrs. Durkheim to withdraw $64,000 from their joint savings account at Federated Central Bank so that she will have sufficient funds on hand to cover her customary and usual household expenses during the period of negotiation. On our advice, Mrs. Durkheim has also placed $90,000 of treasury bills in a safe deposit box to be redeemed only in the event negotiations break down
and the case goes to trial. I am sure you will understand that these steps were taken reluctantly, and only in response to Dr. Durkheim’s act. We hope we will not have to resort to the courts to reestablish the
status quo ante
. Interim motions have the effect of delaying the proceedings.

The timetable you laid out for concluding the separation agreement seems overly optimistic. We will make every effort to cooperate with good-faith efforts to negotiate, and we will respond promptly to any reasonable offer that provides for adequate alimony, a fair and equitable division of marital property (including savings and pension funds), and a custody and visitation order acceptable to our client. In addition, such an offer should acknowledge the length of the marriage, the contributions Mrs. Durkheim made to her husband’s career, and the income and employment opportunities Mrs. Durkheim lost when she moved with her husband to New Salem.

Mrs. Durkheim is in the process of preparing her financial statement. We shall forward it as soon as it is completed. We shall also forward the Certificate of Attendance for the Parent Education Class, which Mrs. Durkheim plans to take within the month. We would appreciate receiving both of these documents from Dr. Durkheim before beginning negotiations.

Sincerely,

Anne Sophie Diehl, Esq.

TRAYNOR, HAND, WYZANSKI

222 CHURCH STREET

NEW SALEM, NARRAGANSETT 06555

(393) 876-5678

MEMORANDUM

Attorney Work Product

Your draft letter to the various financial institutions is a good idea and a good letter. Send it out to the various institutions today, with cc’s to Kahn.

As for your letter to Kahn, I liked the bit at the end about the Parent Education Class. Although it is legally mandated, the parties in negotiated cases usually sign a stipulation waiving the requirement. I’ve never before seen it used as a weapon this way, a nibbling-to-death-by-ducks type tactic. I imagine that your jaundiced criminal eye will spot many other opportunities to aggravate Kahn—and I must say I’m learning things from you about terrorist ways to negotiate a divorce—but don’t get too carried away. Remember, in a divorce, it’s the Big Picture that counts, and protracted negotiations are almost invariably less satisfactory in every way than expedited ones, especially in cases where there are children. The Durkheims must continue to have some kind of relationship after they’re divorced, and to the extent we can keep to a minimum the opportunities for doing and saying things that can only increase the ill will between them, the better they will be able to function as Jane’s parents.

TRAYNOR, HAND, WYZANSKI

222 CHURCH STREET

NEW SALEM, NARRAGANSETT 06555

(393) 876-5678

MEMORANDUM

Attorney Work Product

Attached to this memo is a copy of a letter sent today to various financial institutions which hold accounts in the name of either or both of the Durkheims, giving notice to them of the Automatic Orders and informing them that Mrs. Durkheim will take prompt legal action in the event there is any violation. Letters, with cc’s to Ray Kahn, were sent to the following institutions:

Alan M. Jaspers, Esq.
Senior Vice President for Legal Affairs
Federated Central Bank
110 Church Street
New Salem, NA 06555

Deirdre Weiss, Esq.
Legal Department
TIAA-CREF
730 Third Avenue
New York, NY 10017

Ira Lowenstein
Ira Lowenstein & Co.
21 Broadway
New Salem, NA 06555