An Extra Six Days

By

Eugene Stovall

Zack Mitchell knows that he shouldn’t get too excited but he can’t help himself. Art sounded so positive on the telephone. Everything seems about to fall into place. Its been a year-long ordeal, but throughout Susan remained confident.

Now her confidence will to be rewarded, Zack smiles to himself. Without Susan’s support, they couldn’t have survived this past year. His wife may not have the patience of Job, Zack smiles to himself, but she certainly has the strength of Ruth.

It's a pleasant drive to Art Edzrooni’s office down on the waterfront of the estuary separating Oakland and the island of Alameda. Its a spring day, flowers are budding, birds are chirping and the breeze blowing off the San Francisco bay feels warm and invigorating.The day matches Zack’s upbeat mood. Even the car seems to drive a little better ____ not dying at every other stop light.

I'll soon have the money to put this old clunker in the shop ___ or even buy another one, Zack tells himself. He even dreams of the vacation on the French Riviera or cruising the Greek Islands that he and Susan have dreamed about. Such is the magic of this lush spring day.

“Hi there, Zack!” Art calls out from behind a stack paper as Zack enters the conference room. “How are you doing?”

“Fine! Fine!” Zack replies, grasping Art’s outstretched hand. “How’s Carole?”

“She’s doing great. Did I tell you that she’s teaching Yoga at a Buddhist Center?” Though already in his mid-seventies, Art just recently marries a member of San Francisco’s Chinese community. His bride, Carole, is twenty-five years his junior.

“Yes, you mentioned that she was taking the job the last time I saw you.”

The attorney is a short, squat man with a barrel chest. Though the top of his head is completely bald, Art is all hair from his ears down. His eyebrows are so thick that they form a nearly unbroken line across his face. Hair covers his arms and pops from under his shirt up onto his neck and upon his face and the attorney wears a permanent five o’clock shadow. As hairy as he was, Art might have seemed a sinister figure if his mouth weren’t frozen into a permanent grin and if his black eyes weren’t always darting about with feigned innocence. Art Edzrooni's a naturally gregarious personality always put his most suspicious clients at their ease. It was Art’s personality the caused his clients to overlook his lack of legal aptitude or ethical concern.

Zack and Art meet in the conference room of one of Art’s former law partners. When the conference room is unavailable, Art rents a meeting room at the Alameda County Law Library. Some of Art’s friends refer to him as the nomad; others who are less charitable, call him the mooch. Nevertheless Zack considers himself lucky to find a lawyer willing to represent him against the Oakland schools. Even Faith Guiton, his long-time family attorney, had refused to handle his case.

“I can’t get involved in something like this,” Faith snapped at him. “You knew better than to take on the superintendent. Now you’ve got to suffer the consequences.” Faith’s husband plans to run for the school board and she doesn’t want to offend Oakland's the Democratic Party machine.

This was more or less the same message Zack got from all the other attorneys he approached. Some rejected his case outright; others charged an initial interview fee before they rejected him. The democrats were riding high. The voters had just elected a former governor of California as their mayor and approved a charter amendment giving their new mayor total control over all city administration as well as over the city schools. The mayor had the power to stack the Oakland School Board with his own people. In an economically depressed area like Oakland, where political patronage determines who works and who doesnít, no one ___ especially in the legal profession ___ dare offend Oakland’s strong mayor. He has earned a reputation for vindictiveness during his overly long public career. So, when Zack coaxes Art Edzrooni into accepting his case, he is happy to find a lawyer willing to fight city hall.

“How’s the family?” Art asks, settling back down into the leather-backed conference chair.

“Susan and the kids are doing well,” Zack replies.

“Is she still working?”

“Yes, she’s still at the mail processing center near the airport.”

“She works for the Post Office?” the attorney asks his voice edged with surprise.

“No,” Zack replies. “The mail center processes billing for several different corporations and then delivers the bulk mailing to the Post Office.”

“I see.” Art’s accent betrays his Armenian heritage. His parents escaped the great Armenian massacre and immigrated to America in 1921. “ìAre you still working?”

Zack hesitates. This is not at all what he expected in this meeting. Art knows my circumstances, Zack tells himself. All this information and more came out in the nearly five days of depositions that the school district attorneys conducted two months ago.

During the depositions, every aspect of Zack Mitchell’s personal and professional life was examined. Edzrooni took two days to prepare Zack for the questions. After the deposition, he and Art carefully reviewed all twelve hundred pages of the transcripts.

“Remember we can correct the record now,” Art had cautioned Zack, ”but when we go to trial, it will be too late to change anything. Make certain that you can stand by everything that is in your deposition.”

Art is as familiar with his personal circumstances as anyone.

“Why are you asking these questions?” Zack blurts out. “Nothing has changed since I saw you last. Iím still that sixty-one year old sales clerk working at Radio Shack that you’ve been representing these last ten months.”

Edzrooni swivels his chair away from his client to stare out of the conference room’s glass wall providing a view of the law firm’s reception area. The lawyer seems to be wrestling with a decision. Then, swiveling back to look at Zack, he says,”The only reason I’m asking these questions is that, given your economic situation, I think that it would be better for you if I withdraw from the case.”

If Edzrooni had slapped him across the face with some brass knuckles, Zack could not have been more shocked. It takes a minute or two before he responds.

“But why?”

“Up until now,” Art says, assuming a professional air, “I have done all I can to keep your costs down, but I can’t continue like this if we go to trial.”

“What do you mean?” Zack says. “You’ve been paid for your work.”

Zack’s decision to use his retirement savings to fight his termination has been an ongoing source of friction between he and Susan. More than once, his wife calls Zack a fool for throwing good money after bad.

“What about you brought this on yourself, don’t you understand?” Susan asks him. “Like Faith said, first you ignore the superintendent’s warnings not to interfere and now you think you can beat him and his friend the mayor.” Faith tried to warn you, but you wouldn’t listen.”

“If I don’t stand up for what is right, who will?” Zack replies. “You and everyone else talk about how the schools are failing our children. The Oakland schools are so bad that you even refused to allow Chris and Jasmine attend them. But now, when there is a chance to make things a little better, you’re intimidated. Don’t you know itís these same greedy corporations, who bought the mayor's election. Now they're ripping off the tax payers and the schools?”

“It’s those same greedy corporations that are now calling the shots,” Susan responds. “You need to learn that. At times like these, you must bend with the breeze or be broken.”

“So you’re willing to allow evil to triumph by doing nothing,” Zack says.

Susan just shrugs. After twenty years of marriage, Susan knows her husband pretty well. Somehow I knew that he’d get around to Burke, she screams silently to herself. It’s Zack's personal mantra against reason.

In a way, Susan blames herself. It’s God’s way of punishing me for marrying someone who should have been a priest, she tells herself. Zack is an ex-seminarian. But the trace of regret quickly passes when Susan reminds herself that despite his Crusader Rabbit mentality, Zack had given her and the kids a pretty good life. She recalls the times when Zack had to work three jobs so that Susan could remain home with the kids. Not until Chris and Jasmine had graduated from Bishop O’Dowd high school ___ Chris first and Jasmine two years later ___ did Susan even consider going back to work. And even then it took Zack being fired before he would consider allowing Susan to take a job. But the supervisory position with the mail distributor at the Port of Oakland paid a good salary; and, since, they were in no position to turn down any money, Zack said nothing when Susan announced that she had accepted the position. The only drawback is that Susan must work the midnight to eight shift.

Actually Susan agrees with Zack’s decision to oppose the superintendent. It was bad enough that the politicians were destroying the city; now they’re stealing money from the children. And none of Oakland’s citizens have either the courage ___ or the intelligence ___ to say enough is enough. Most of the activists are either on the take or too scared to take a stand. Even the ministers have been bought off with their dole of faith-based funds. So Susan understands and agrees that someone has to take a stand against all the corruption. She knew that Zack’s opposition to the superintendent’s illegal multi-million dollar no-bid contract was the right thing to do.† Susan just wished they didn’t have to risk so much.

“The assistant director of purchasing paid me a visit today,” Susan remembers Zack saying the day the trouble began.

“That fellow from Nigeria who wants you to buy computers from his cronies?” Susan asks.

“Yes, that’s the one.”

“What did he want?” Susan sees that Zack is agitated.

“The superintendent doesn’t want his new network proposal to go out for bid.”

“Is that legal?” Susan asks.

“No,” Zack shakes his head, ìbut he the purchasing department is going to handle the superintendent’s request on a no-bid basis, whether Iím there or not.”

“He told you to break the law,” Susan asks, “just like that?”

“Just like that.”

Zack assumes an air of indifference ____ as if the threat came from some low level functionary instead of the superintendent of schools. But Susan can see that Zack is worried.

“Do you think the superintendent actually sent him?” Susan asks.

Zack just shrugs.

“What are you going to do?”

“What can I do?” Zack says. “This is not just a case of the superintendent selecting one brand of computer over another for a kickback. The superintendent wants to buy twenty two million dollars worth of equipment that the district doesn’t even need. This is bigger than Hawthorne schoolís roof purchase.”

One of the administrationís more blatant scandals was a three hundred thousand dollar contract given to construct a new roof on Hawthorne schoolís main building one month prior to the school’s demolition. Not one roofer was seen at the site. For weeks the district was abuzz with rumors about high-level payoffs, but, in the end, nothing was done.

“The superintendent is planning to buy three ATM switches,” Zack continues. “Can you believe that, three ATM switches. The entire network for the State of California uses only five ATM switches.”

Hundreds of thousands of telephone lines all over California are linked through five ATM switches that serve as the backbone of the state’s CalNet telephone network. Corporate interests cash in on the mayor’s election success by getting the Oakland Schools to purchase three ATM switches at a cost of twenty-two million dollars. This purchase would never withstand public scrutiny so the superintendent orders a no-bid purchase. The $800 million bonds the tax payers were foolish enough to give the Oakland’s school is far too tempting a prize for the corporations to ignore.

“I hope you don’t do anything foolish,” Susan advises her husband, though she knows her advice is little more than wasted air. “The laws protecting whistleblowers are seldom enforced.”

“I’m not a whistle blower,” Zack says. “But someone must take a stand. Iím not going to make any complaints against the superintendent but I will insist on a public bid. The law says that all private contractors must be given the opportunity to bid on any purchase made by the schools over five thousand dollars. They don’t dare fire me; else they’d have to justify their no-bid contract in a court of law. Possibly some of the other department will take a stand as well. Who knows? We might even start a movement demanding that the funds be used to give the kids get the education that they deserve.”

Zack wants to spend technology dollars where it will help the students. On any given day, thirty percent of Oaklandís students are truant. When the kids miss school, the school district loses funding. To solve the truancy problem, the superintendent, the mayor and the district attorney decide to prosecute the parents rather than educate the kids ____ some of whom are not even provided books.

“If they created computer learning centers," Zack complains, “they could avoid creating these additional law enforcement problems. “

”Why didn’t they accept your proposal?” Susan asks.

“The mayor is a prosecutor not an educator,” Zack observes. “He doesn’t want these kids educated. He wants a tough on crime record so that he can become governor again. Hell, the reason those kids don’t stay in school, in the first place, is because they can’t read.”

Even Susan is convinced that the superintendent dare not fire her husband. Now Zack sits in a conference room , listening to an attorney who has charged him $40,000, declare that he is resigning from the case. Susan's confidence might have been shaken. But Zack's not that smart.

“I don’t understand why you want to resign,” Zack’s says.

“I’m just thinking of you ___ and your family,” Art says. His voice that normally crackles with joviality, is now hushed and his words come out in a 'stage' whisper, as if he is afraid of being overheard. “I’m not leaving you stranded. Iíll prepare everything that you need to present to the court. But if you appear in court representing yourself, you will save a bundle in attorney’s fees. The school’s attorneys know that you have a strong case; they can’t beat you in court. They’re going to try to make you waste your money. I’m just trying to look ahead.” The attorney’s eyes widen in innocence. “Trust me,” they say.

Zack does trust his lawyer. What alternative does he have? Art’s logic seems reasonable. The lawsuit has been costly, far more than what Edzrooni originally estimated. With the trial approaching these fees cannot help but escalate. It takes little reflection for Zack to see some wisdom in Art’s recommendation. After all Art has always fought for liberal causes. Being a liberal has won Art many clients. Art’s liberalism attracted Zack to Edzrooni’s campaign to the state assembly almost forty years earlier. Many students from Cal campaigned for Art against the entrenched Republican incumbent. The pros in the Democratic Party didn’t give Art much of a chance, but Art was an indefatigable campaigner and he said the things students loved to hear. For example, in order to gain Jewish support for his campaign, Edzrooni began studying Hebrew at a local Jewish study center. Each time Art visited the study center, he would wear a yarmulka and a tallit.

“One day, a student observing Art’s religious vesture, asks, “So you're Jewish?”

“Oh yes,” Art replies with the confidence of an aspiring politician.

“Well, I’m a goy from New York,” the student responds.

“Nice to meet you Mr. Agoy,” the lawyer beams.

Despite Edzrooni’s pretended idealism, it was gaffs like this that forces him out of politics and into the courtroom. Zack is no longer young, nor idealistic. He knows that much of Art’s idealism is self-serving. But he believes the attorney is at least honest. Now Zack agrees to accept his lawyer’s new strategy because in the long run, Art’s proposal might save him some money. And, goodness knows, Zack needs to save money _____money to fix the roof, replace the water heater and deal with all the other expenses all homeowners face.

******

Two later, summer blows hot and humid off of the San Francisco bay. On the other side of the Oakland hills, temperatures in the suburbs reach the century mark. Today Zack squeezes through the Caldecott Tunnel into Walnut Creek’s hundred-degree heat, bound for the offices of attorney, Jeffery Gruenfeld.

“If you want me to represent you in court tomorrow, I must see you this afternoon,” Jeff Gruenfeld’s message said. “Have my secretary schedule a meeting for two o’clock.”

Zack is late. It’s already one forty-five and the drive from Oakland to Walnut Creek takes a half hour. But it can’t be helped. His attorney left the message at ten o’clock that morning and his store manager keeps Zack on the floor until the other two Radio Shack clerks return from lunch.

The Caldecott Tunnel connects the San Francisco Bay Bridge to a great eight-lane freeway that cuts a wide swath through the heart of Oakland. When this freeway was first built, many predicted that white flight would be draine Oakland of businesses and residents. The city would lose tax revenues and jobs. Some twenty years later, the prediction came true and an economically depressed Oakland is now awash in political corruption. Yet some Oakland residents still believed that the governor who personally campaigned for the freeway that gutted Oakland would make a good mayor. No one could believe that all he wanted to do was bestow political spoils and build his political war chest for another run at governor. The irony is not lost on Zack as his jalopy coughs its way through the Caldecott’s tunnel for his appointment with Jeff Gruenfeld, attorney at law.

After Edzrooni prepared Zack’s court papers, he had cut off all further communication ____ refusing to meet with Zack or even return Zack’s telephone calls. Even when Zack begs Edzrooni to review a court summons, the attorney refuses. So when Zack appears at the hearing set for the judge to rule on the school district’s petition to dismiss the case, Zack is completely alone.

“In the matter of Mitchell v. Oakland Schools, has the plaintiff arrived yet?” the Judge bawls out into the microphone.

“Yes, Your Honor,” Zack replies rising from his seat.

“And you are?” the judge asks.

“I am the plaintiff, Zack Mitchell.”

“Yes, Mr. Mitchell,” the judge says reviewing a file handed to him by the court clerk, “I see that you have discharged your attorney, Arthur Edzrooni, without prejudice, and are representing yourself. Is that correct, sir?”

“Yes, Your Honor.”

“Have you any legal experience or training, Mr. Mitchell?”

“No, Your Honor.”

“Well, even though this court tries to be tolerant with those plaintiffs who represent themselves, we will not tolerate any disrespect. And, in this court, arriving late is a sign of disrespect. Is that clear Mr. Mitchell?”

“Yes Your Honor,” Zack stammers. Zack decides not to mention that the change in court location caused Zack to be late.

“Now Mr. Mitchell, do you know why we are here today?”

“I believe so, Your Honor,” Zack replies.

“I do not believe you do, Mr. Mitchell,” the judge replies. “If you did, you would realize that your attorney did you no favor by withdrawing from this case.” The judge stares at Zack allowing the plaintiff to absorb the full import of his words. “Mr. Mitchell, the defendant is asking for an immediate ruling. But I am putting this matter over for a month to give you time to find competent legal representation before I make my ruling. I suggest that you use this time wisely. So Ordered!” With that the judge slams down his gavel.

Zack does not think of himself as a stupid person; in many ways, he is quite intelligent. Not only has he received his undergraduate degree in public administration with honors from the University of California, he has a solid twenty years of technology experience with the Air Force and the telecommunications giant, AT&T.

When the Oakland schools recruit him, Zack is told, “We need someone with your background. You’ll have the support of the school board as well as the superintendent’s office. We want you to bring this district’s technology systems into the twenty-first century.”

With the approval of the board and the superintendent, Zack upgrades the school’s technology infrastructure, revamps the network and saves the schools a million dollars in telephone usage charges. Under Zack’s administration, the technology services department enhances support for teachers and administrators. Zack’s transformation of the school’s technology gives him a reputation as an innovator. . Zack even testifies before California’s Public Utility Commission and comments on the need for technology support in public education before the Federal Communications Commission. The French government even films a special program on Zack’s innovations at Oakland’s schools. However, six years, two new superintendents and a school board packed with cronies of Oakland’s strong mayor, later, technology services is no longer a tool for educational achievement, rather it becomes a barrel where corporate telecommunication giants grab their share of pork. No, Zack Mitchell is not stupid, but even at sixty-one, he is still incredibly naive. Zack believes that if the theft of millions is made public, the guilty will be punished and he will receive the heartfelt thanks of Oakland’s taxpayers. His hubris ___ as well as his failure to heed his wife’s advice___ makes Zack believe that committing his life savings to bring this matter to court is worth the risk. But the judgeís stern advice is like a roulette table operator’s warning, No more bets! and then the little white ball falls into the double zero slot. The house wins! But taking the judgeís advice, Zack contracts with a pre-paid legal service that secures him Jeffery Gruenfeld, attorney at law.

“Well, Mr. Mitchell,” Jeff Gruenfeld, says at their initial meeting, “it seems that you’ve made quite a mess of things. And now you want me to pull your chestnuts out of the fire.”

Jeffery Gruenfeld, who looks like Ted Kennedy with his square jaw and broad, intelligent forehead, adopts a no-nonsense attitude. In his mid-thirties, the young attorney exudes the attitude of someone who plans to get to the top of his profession and is in a hurry to get there. Zack notes a picture of Ed Meese, the former United States attorney general under Ronald Reagan, hanging on the lawyer’s wall. Gruenfeld is the fourth attorney provided by the legal service. The other three give Zack barely fifteen minutes to plead his case before they tell him that they can’t help him. But Gruenfeld listens as Zack pours out his story

“Have you brought all your files?” the lawyer asks. He ruffles through Zack’s folder of original court filings. “There’s not very much here.”

“I have two boxes of documents in the car,” Zack says.

“Good!” Gruenfeld replies. “If I decide to take your case, it will save time if all your documents available.” The attorney fiddles with a letter opener on his desk and looks out the sliding glass door onto a patio. His office is on the ground floor of an industrial park building that is surrounded by cement walkways. After a couple of minutes, Gruenfeld swivels his leather chair back to face Zack.

“It will cost you three thousand dollars for me to look at your case and then I’ll let you know where we go from there.”

“Okay,” Zack agrees.

”You can pay my secretary when you bring in the rest of your files.” With that the attorney dismisses Zack with a wave and picks of his telephone.

“The message Zack received this morning is the first he has heard from Jeff Gruenfeld since that day.

“Ah, Mr. Mitchell,“ Gruenfeld greets Zack. ìIím please that you could make it.”The attorney searches through the files in a basket on his desk. ìI think I have good news for you.”

“You have!” Zack responds with a combination of excitement and relief.”

“Yes, indeed,” the young attorney says. ìThe schoolís attorneys planned to kill off your suit in the hearing tomorrow. They petitioned the judge to have you show that your suit has no merit. At which point the judge has the discretion to dismiss your suit without comment.”

“So have I provided you enough evidence to prove that my suit has merit?” Zack asks.

“Actually no you haven’t,” the young attorney smiles. ìBut, like most cases, you will prevail in court not because of the merits of your case but because of a technicality.

“A technicality?” Zack holds his breath. “What kind of technicality?”

“You see, Mr. Mitchell,” Gruenfeld beams, “opposing counsel can request the judge to find that your case lacks merit, but they only have 90 days to file their motion.”

“And?” Zack replies.

“The school’s counsel took 96 days to file their motion,” Jeff Gruenfeld laughs. “They filed six days too late for the judge to dismiss your suit.”

“Does this mean that they will have to go to trial?” Zack asks.

“From what I have seen of your documents, there will be no trial,” Gruenfeld replies. “The schools will not want your information discussed in open court.”

“So what happens now?”

 “They’ll make you some kind of deal,î Gruenfeld says. “And from all that you’ve given me, it will be a pretty good one ___ several hundred thousand at least.”

“Plus attorney’s fees?”

“Plus attorney’s fees.”

On the drive home, Zack thinks only about when and how to break the news to Susan. At first he decides to tell her not to go to work and they will just stay home and enjoy themselves. But then, remembering the difficulties of the past two years, Zack resolves that a celebration is more in order. Chez Panisse! That’s where we’ll go, Zack decides. Chez Panisse of Berkeley is an upscale restaurant with a reputation for good-tasting, organically and locally grown food. I’ll make reservations for their next open date. Susan will like that. Then, over dinner, we’ll plan where to go for a vacation. It’ll be like a second honeymoon. Zack and Susan never even had a first honeymoon.

****

The hearing is set for ten oíclock. Jeff Gruenfeld promises to call Zack as soon as he leaves the courthouse. All morning, Zack tries to control his nerves. No matter, his fellow workers and the store manager notice that Zack seems distracted. Though Radio Shack employees are paid a commission, Zack punches the other clerks’ sales code on all of his sales. No one says anything. The time drags. Zack is glad that he didn’t tell Susan about hearing. She needs her rest, Zack decides. Besides, he knows that Susan would have been calling him every five minutes, if she had known about the extra six days that the school attorneys took to file their motion.

Eleven o’clock passes and then its twelve noon. Still no call from Gruenfeld. Zack remains calm; he is convinced that, in the end, everything will turn out, as it should. It’s after one oíclock, when Jeff Gruenfeld finally calls. “I’m afraid that I have some bad news for you Mr. Mitchell.

Zack feels his heart in his throat. “Yes,” he manages to stammer trying to remain as calm as possible.

“I can tell you now, but I would prefer that you come into the office so that we can discuss how to handle this matter.”

“ Can’t you just tell me what happened and then I will make an appointment to discuss it in person?”

“I suppose that would be best,” the attorney admits.

Zack clears his throat but says nothing waiting for the shoe to fall.

“You remember that the school districtís attorneys exceeded the time allowed for them to file this motion?” Gruenfeld says.

“Yes,” Zack responds.

Well the judge accepted their motion.

“Why did he do that?” Zack asks.

“Your attorney, Art Edzrooni, granted them an extra six days to file it.”

****

In their next meeting, Jeff Gruenfeld explains that he won a continuance from the judge and directs his para-legal to assist with Zack’s defense against the school district’s motion. The attorney and Zack agree that Zack should continue to represent himself.

“Preparation for your hearing will be costly enough without adding attorney’s fees,” Gruenfeld says.

Both the attorney and client know that they are just going through the motions.

The case is loss. In his final court appearance, the judge dismisses Zackís suit against the Oakland schools as lacking merit.

Six months later, the State of California appoints a trustee to take control of the Oakland schools. The state trustee discharges many of the schools top administrators including its superintendent.