truck a hundred yards behind the family said the red flashing crossing lights were not working at the time of the collision. The train’s engineer and brakeman swore that they were. The crossing was at the foot of a hill that dropped fifty degrees from a crest half a mile up.
Two months earlier, Sarah had given birth to their third child, Grace. At the time of the accident, Grace was being kept by Taylor’s sister who lived in Clanton.
Typically, such a sensational accident sent the local bar into a frenzy as every lawyer in town searched for an angle to land the case. Jake had never heard of the family and struck out immediately. Harry Rex, though, had handled a divorce for Sarah’s sister and she was pleased with the results. As the vultures were circling, he struck quick and got a contract signed by various family members. He then dashed to the courthouse, set up a guardianship for Grace, the sole heir and plaintiff, and filed a $10 million lawsuit against the railroad, Central & Southern.
Harry Rex knew his limitations and realized that he might not connect with jurors. He had a much better plan. He offered Jake half the fee if he would step in as lead counsel, do the heavy lifting, and push hard for a trial. Harry Rex had seen the magic with the Hailey jury. He had sat mesmerized like everyone else as Jake pleaded for his client’s life, and he knew that his younger friend had a way with jurors. If Jake could just land the right cases, he would someday make a lot of money in the courtroom.
They shook hands on the deal. Jake would take an aggressive role and lean on Judge Noose to speed things along. Harry Rex would work in the shadows, plowing through discovery, hiring experts, intimidating insurance lawyers, and, most important, picking the jury. They worked well together, primarily because they gave each other plenty of room.
The railroad tried to remove the case to federal court, a less friendly jurisdiction, but Jake blocked the move with a series of motions that Noose granted. So far, their judge had shown little patience with the defense lawyers and their usual stalling tactics.
The strategy was straightforward: just prove the crossing was dangerous, badly designed, not properly maintained, well known as a place of near misses, and that the warning lights had failed that night. The defense was just as simple: Taylor Smallwood hit the fourteenth boxcar without ever touching his brakes. How do you not see, whether at night or in clear daylight, a railroad boxcar that is fifteen feet tall, forty feet long, and covered with bright yellow reflective warning stickers?
The plaintiff had a strong case because the damages were enormous. The defense had a strong case because of the obvious facts.
For almost a year, the railroad’s insurance lawyers had refused to discuss settlement. However, now that the judge was setting a trial date, Harry Rex believed some money might be on the table. One of the defense lawyers was an acquaintance from law school and they had been drinking together.
* * *
—
JAKE PREFERRED HIS office when it was empty, which was rare these days. His current secretary was Portia Lang, a twenty-six-year-old army veteran who would be leaving in six months to start law school at Ole Miss. Portia’s mother, Lettie, had inherited a small fortune in a will dispute two years earlier, and Jake had battled an entire squad of lawyers to uphold the will. Portia had been so inspired by the case that she decided to go to law school. Her dream was to become the first black female lawyer in Ford County, and she was well on her way. Far more than a secretary, Portia not only answered the phone and ran interference with the clients and foot traffic, she was also learning legal research and wrote clearly. They were negotiating a deal in which she would continue to work part-time while in school, but both knew it would be nearly impossible the first year.
To complicate their lives, Lucien Wilbanks, the owner of the building and former owner of the law firm, was now in the habit of arriving for work at least three mornings each week and generally making a nuisance of himself. Disbarred years earlier, Lucien could not take cases or represent clients, so he spent too much of his time sticking his nose into Jake’s business and unloading unsolicited advice. He often