66 pages • 2 hours read
John GrishamA modern alternative to SparkNotes and CliffsNotes, SuperSummary offers high-quality Study Guides with detailed chapter summaries and analysis of major themes, characters, and more.
Ott lied to Rudy about his release date and has disappeared. Dot reports Donny Ray’s death. Rudy cries against a tree in the backyard. Rudy later informs Judge Kipler, and then goes to visit Dot. When he arrives, the house is packed with people. Rudy hugs Dot and expresses his condolences. He speaks to Ron, Donny Ray’s twin brother. Ron agrees to testify that he was indeed willing to donate bone marrow to save his brother. Donny Ray’s funeral is set for the next day.
On Monday, they are all back in court. Rudy has made many notes in preparation for the Great Benefit employee depositions. Kipler, however, postpones the depositions so that Rudy can attend Donny Ray’s funeral. Kipler is establishing himself firmly as the one who will rule in court.
Donny Ray’s funeral is small. The last funeral Rudy attended was his father’s.
When Rudy arrives at his office, Deck is a nervous wreck. His buddy, Butch, has discovered that someone has tapped their phones. Deck and Rudy try and behave normally while all three search the offices for other hidden microphones. They only find the bugs in the phones, but they have no idea who is listening in to their conversations. They suspect the feds.
Rudy struggles to sleep. He’s thinking of Donny Ray. Then he thinks about Kelly.
Rudy finally gets 748 pages of documents from Great Benefit. They take up a lot of room in his small office. It appears there is a scheme somewhere in all the paperwork. They just need to unravel it.
Rudy first deposes CEO M. Wilfred Keeley. Rudy questions him for two hours before they get into the financials of Great Benefit. Keeley doesn’t know much. His expertise is in investments. The next day, Rudy deposes Kermit Aldy, the vice president of underwriting and Bradford Barnes, the vice president of administration. Neither have much to offer Rudy. The following day, Rudy talks with claims examiner Richard Pellrod, who testifies that bone marrow transplants are too experimental to be accepted as viable treatment of leukemia. Rudy finishes with Pellrod late that night.
The corporate depositions are over. Drummond compliments Rudy for doing a good job and talks to him about Dr. Kord. Rudy tells Drummond that Dr. Kord will testify in court and will argue that bone marrow transplants are effective. Drummond wants Rudy to come by the office. Rudy agrees to meet him there shortly.
Keeley is there with Drummond, and Drummond informs Rudy that Great Benefit is willing to offer $150,000 as a settlement. Rudy is incensed by the offer, but he tells Drummond he will run it by the Blacks, who Rudy knows will not settle, which he tells Drummond. Keeley wants to know what Dot wants. Rudy tells him, “She wants to expose you, then she wants to break you” (410).
Although Deck and work hard, they barely make ends meet. Their best client is Dogan. They hope they can get the case settled by Christmas.
Rudy finds Kelly at a jewelry store in the mall, where she works. Kelly tells Rudy to meet her in the cinema in 30 minutes, to buy a movie ticket, and to sit in a specific spot. Rudy is excited.
Kelly meets him just like she said she would. They ask one another about their lives, but Rudy doesn’t want to talk about law and Kelly doesn’t want to talk about Cliff. They watch the movie for a few moments. Rudy asks Kelly if she’s happy. It’s a tough question, but Kelly admits she isn’t happy. Rudy tells her she needs to get a divorce. Kelly kisses him on the cheek and leaves.
Back at work, Rudy has an idea about how to uncover who’s tapped their phones. Deck leaves and calls Rudy from a payphone; they have a fake conversation about how Dot is willing to settle for $160,000. The next day, Drummond calls Rudy to tell him that Great Benefit is ready to settle at $175,000. Rudy considers going to Kipler with the news that Tinley Britt has bugged his phones, but Deck’s against the idea. They agree to wait for an opportunity to use the information to their advantage.
Rudy waits two days before he calls Drummond and tells him that Dot won’t settle. Rudy tells Drummond that he’s sorry, but Dot is volatile: One day she’s ready to quit, and another day she sees only red. Drummond believes the lie. In reality, Dot still won’t settle for anything less than “an official record somewhere of what Great Benefit did to her son” (422).
Rudy spends Thanksgiving with Booker and his family.
The check for the settlement involving Derrick Dogan arrives in the mail right before Christmas: $8,333 in much-needed funds. With some of the money, Rudy purchases a car phone.
The last thing Rudy wants to do is spend Christmas in Memphis. He also doesn’t want to spend it with his mother and her boyfriend, so he goes on a road trip by himself. Rudy’s first stop is in Madison, Wisconsin, to visit Max Leuberg. He brings Max up to speed on the Blacks’ case, and Max offers some more sound advice about how to attack Great Benefit.
Rudy’s next destination, after leaving Max, is Spartanburg, South Carolina. Rudy spoke with four lawyers who either have sued or are suing Great Benefit. One of these lawyers, Cooper Jackson, has two manuals from Great Benefit—one for claims and one for underwriting—that reveal the company’s scheme of not paying for claims. Rudy received copies of the manuals from Great Benefit earlier, but the copies given to him have Section U missing. This section demonstrates Great Benefit’s fraudulent scheme: All claims are denied upon receipt, and medical documents are requested. The claim then goes to underwriting, which then tells claims to deny again until underwriting says otherwise. Paperwork ensues, and nothing gets done. Most people give up after getting denials from both claims and underwriting. Jackson gives Rudy access to his documents and offers whatever other help he might need.
Jackson takes Rudy out for a drink and to meet some other lawyers. Jackson tells Rudy that there are many lawyers with clients who are having problems with Great Benefit. They are putting together a class-action lawsuit. If Rudy can defeat Great Benefit in court, then he will open the floodgates for many people.
Rudy and the Tinley Britt team are in Judge Kipler’s courtroom for the pretrial conference. It’s mid-January. Rudy has already shown Kipler the differing manuals; the judge was only half surprised. Rudy still wants to talk to Jackie, but no one knows where she is. Also, Great Benefit still hasn’t supplied all the documents Rudy has requested and Drummond is frustrated. He tells Kipler that they have been trying to get the papers, but it hasn’t been easy. Kipler does not accept the excuse. Great Benefit offers $200,000 to settle, but once again Dot and Rudy refuse. Jury selection is set for February 1.
Rudy knows that Drummond and Tinley Britt will do whatever it takes to screen the people chosen to appear for jury selection. He believes they will do everything except personally contact them, which would be illegal. Tinley Britt will most likely even hire jury consultants, many of whom are psychiatrists or psychologists, to analyze every single person. Rudy, on the other hand, will do his best, but it will be much harder for him to get information on the jurors.
Donny Ray’s death is solemn. His funeral is brief and attended by only a handful of people. The minuteness of Donny Ray’s death and funeral highlights his innocence and meekness, thus underscoring Great Benefit’s villainy. Donny Ray’s death also has a profound effect on Rudy: “Since Donny Ray died, I’ve found myself being easier on everybody” (400-401). His death gives Rudy a broader perspective. Instead of viewing life through a selfish prism, Rudy has more empathy for those around him. As a result, and for additional self-centered reasons, he thinks more about Kelly and her plight.
Tinley Britt’s dirty tricks, e.g., the bugging of Rudy and Deck’s phones, prove their willingness to bully a small firm like Rudy’s. This act also emphasizes why Judge Kipler dislikes big law firms as much as he does. The wire-tapping, however, will provide a chance to Rudy to show his capability in uncovering the plot and a level of ruthlessness and cunning that will outstrip Tinley Britt. Tinley Britt believed that someone like Rudy wasn’t good enough for their prestigious organization; Rudy will turn the tables on them, reinforcing their snobbery.
Yet Rudy’s heroic defense of the Blacks has nothing to do with money, a sentiment that even surprises himself. Rudy also refuses to attach any extra fees to the bill he and Deck give Derrick Dogan. They had agreed on taking one-third of the settlement, and that is exactly all they will take. Thus, Rudy is further set apart from the majority of his contemporaries, because, as Rudy points out, adding fees for incurred expenses at the time of settlement is standard operating procedure for the profession. Despite a brief entry into the shady world of Bruiser, Rudy, on his own, has lived up to higher ethical standards.
Great Benefit continues to look worse and worse. Rudy demonstrates that the company is worth hundreds of millions, highlighting how paltry a sum Donny Ray’s transplant would have been for them. Cooper Jackson represents yet another lawyer who is taking on Great Benefit for a client who was mistreated by them—one of many. By the end of Chapter 39 and the beginning of Chapter 40, Rudy knows that Great Benefit is purposefully withholding evidence, that the manuals sent to him were incomplete. Normally, the plaintiff has to supply the defense with all evidence that might be material to the prosecution—and therefore, relevant to the defense—but this requirement becomes void when the defense withholds evidence. Rudy is well within his rights to wait until the trial to prove the discrepancy.
In addition to providing insight into the process of jury selection, from receiving a jury summons to actually being chosen to sit in on a case, Chapter 40 highlights the power and influence of a firm like Tinley Britt and calls into question the ethics of such actions, especially when a small firm or lawyer cannot conduct similar research and has only the simple profile cards provided by the court. This discrepancy becomes more important as jury selection enters its final stages, and when it is shown just how important the jury is to the outcome of the trial.
By John Grisham