The Exchange: After The Firm

Mitch finally got down to business. “Our plan is to push hard for an immediate settlement. It’s a long shot, but right now so is everything else. As your lawyer, it is my job to get as much money for you as possible. The question is—”

“What’s our bottom line?” Adem said with a smile.

“What’s your bottom line?”

“Well, we’re owed four hundred and ten million dollars. That’s our starting point. You believe you can prove that in court, right?”

“Yes. It will be hotly disputed by the Libyans, but that’s why we have courtrooms and trials. I am confident we will win.”

“And we are entitled to interest at five percent on the unpaid bills.”

“Correct.”

“And the balance due has been on the books for almost two years.”

“Correct.”

“Your figure for interest is fifty-two million.” Adem sort of waved at the memo. The figures were clear.

Mitch said, “And we’ve amended our claim to cover damages for the security guards and the kidnapping. We’re demanding half a billion dollars, all in. I don’t expect to recover that much because the Libyans will claim they are not liable for the attack and murders. It’s debatable. There has always been an implied promise of protection for foreign workers, but the arbitration board has never been too impressed with it.”

“So the four families receive nothing?”

“Unlikely, but we’ll try. I’m sure your company will take care of them.”

“Oh, we will, but the Libyans should pay too.”

“I’m prepared to argue that. I’ll argue everything, Adem,” Mitch said with a smile. “That’s my job. But a trial could be months away, maybe a year or more. Meanwhile, your company is losing money at the going interest rate. There is value in settling now.”

“You want to discount our damages?”

“Perhaps, but only if it will facilitate the settlement. That’s where your bottom line comes in. There’s also the real danger of getting nothing.”

“Luca has made that clear.”

“The arbitration board’s ruling is nonbinding. It has no real teeth. There are ways to enforce the judgment and make the Libyans pay, but it could take years. We would demand more sanctions from the board, from the Turks, Brits, Italians, even Americans, but Gaddafi has lived with sanctions for many years. I’m not sure they bother him that much.”

“We’re finished with Libya,” Adem said in disgust.

“Don’t blame you.”

“What’s your advice, Counselor.”

“Can you live with four hundred million?”

Adem smiled and said, “We would be delighted.”

“We discount our claim to four hundred, but only for purposes of settlement negotiations. Lannak gets the first four hundred. With your permission, I’ll ask for more, with any overage going into the pool for the ransom. In the meantime, you ask your government to lean on the Libyan ambassador to get some relief in Tripoli.”

Adem was shaking his head. “We’ve done that, Mitch, repeatedly. Our ambassador to Libya has met on more than one occasion with Gaddafi’s people and pled our case. No good. Our prime minister has met with the Libyan ambassador to Turkey here in the city and tried to twist arms. Nothing. We’ve been told that Gaddafi is embarrassed by his bridge project and blames everyone involved, including our company. You know he shot one of his own architects.”

“So I’ve heard. Does he shoot his lawyers?”

“Let’s hope not.” Adem glanced at his wristwatch and scratched his jaw. “My father is three hours ahead of us, in Jakarta. He’ll be home late tonight. I’ll have to get his approval to discount our claim.”

“Perhaps both of us should talk to him.”

“I’ll go first. I don’t foresee a problem.”

When traveling alone in an unfamiliar city, and with a few hours to kill, Mitch often hired a car and driver to at least catch a glimpse of landmarks and famous places, sort of hitting the high spots on the tourist maps. During his flight to Istanbul he had read travel guides on Turkey and was fascinated by the country. He told Abby it definitely deserved another look, a place on their wish list.