LEGAL OPTIONS
"OK," I said. "I'll bite - what is 'Scorched Earth'?"
We were still sitting in Bob's conference room.
"Before I get into that, a question - do you know a good divorce lawyer?" Bob asked. His tone was cold and hard.
"No," I said, feebly. "We don't have one at the firm and I have never considered the thought."
"Brian?" Bob turned to face him.
"Not really. I've met a few, but don't have any suggestions."
"Then I'd like to recommend one of the best, Jack Parsons," he said, looking back at me.
"Oh, yeah, I do know him!" said Brian. "Pretty tough but a great guy. I've run into him a number of times. And I'm in love with his secretary!"
"Want me to call him?" asked Bob.
"Well," I stammered, "all of this is going to depend on money. We haven't begun to discuss money."
"We will shortly," said Bob, laying down his pen. "Let me get Suzy to call him." He left the room again.
"I don't know about any of this," I muttered to Brian. "I'm so tired."
"I know," he responded. "But we've got to get you on solid ground, and it had better be today."
"You're right," I said with resignation.
Bob came back in the room and, grabbing a conference phone that was sitting on a credenza behind his chair, placed it in the middle of the table between us. He connected the line.
"Hello, Jack!" he bellowed into the phone as he sat back down.
"Bob, my boy!" said the voice on the other end. It was raspy, but strong. "How can I be of service?"
"Jack," started Bob. "I'm sitting here with Alex Evans and our mutual friend, Brian Smith."
"Hello, gentlemen," said the voice.
"Hello, sir," I said back. "It's a pleasure to speak with you."
"Jack," Bob began introductions. "Both Alex and Brian are attorneys over at Skylar & Duggan."
"Good firm," said Jack. "Carl Duggan and I play golf together."
"But" Bob continued, "the reason for the call - it seems Mrs. Evans has been a bad girl."
"Um hmm," mumbled Jack. I could tell he, too, was taking notes.
"Yes, it seems that she has been using sex to close business deals on trips she takes monthly."
"How can you be sure of this?"
"Because she's recorded the trysts and Alex has the videos."
"Ouch!" said Jack. "Very sorry, Mr. Evans!"
"Alex," I corrected him. "Thank you."
"So, Alex, how did you find out?"
"Jennifer, my wife, is currently out of town. Our kids swapped our computers - in helping her get work files last night I stumbled on another file - in essence I found eighteen sex tapes."
"Wow! Eighteen?"
"Yes."
"Then at least that many months," he stated. "Alex, how old are the children?"
"Two girls, ages five and three."
"They yours?"
I fell back in my chair. "Yes!"
"You sure?"
"I'm sure!" But suddenly, I wasn't. I began to feel sick. "I'm sorry, gentlemen - Bob, is there a restroom nearby?"
"Sure, down and to the right."
"Thanks, be right back!" I couldn't get out of that room fast enough.
I stared at myself in the mirror over the sink. I had just splashed water on myself to calm down. This was the worst day of my life! A perfect storm. I splashed more water on my face. Snap out of it! I buried my face in the paper towels I was holding for a moment. Then, with a deep breath, I headed back to the conference room.
"Are you OK?" asked Brian.
I nodded.
"I know this is rough, Alex," said Bob. "But we've got to continue."
"I understand." I sat back down. "Rough day and no sleep."
"You have to pull it together, Alex," said Jack over the phone. "I understand your wife returns home tomorrow afternoon. You've got to have a plan in place by then. Understand?"
"Yes, sir, I do," I replied. He was right. At least it was clear what was in front of me.
"Alright," said Jack. "Let's jump to the endgame. Bob, have you given him some options for the situation?"
"I started to," said Bob. "I laid out some simple and cheap options for him."
"Like?"
"Ignoring the problem, because she'll eventually tire of it and come home to stay."
"Alex?"
"Sorry," I said. "I told Bob I can't be that passive."
"Got it." Jack was writing.
"Then," continued Bob, "I painted potential scenarios for confronting her tomorrow when she gets home. She'll either stop, continue with his blessing, or she files for divorce. Of course, the third scenario involves you, Jack."
"Yes," he said. "Got it!"
"Then I brought up 'Scorched Earth'," said Bob. "I haven't explained it yet. We called you first. I thought we could explain it together."
"OK," said Jack. "Alex, Bob and I want you to get a good nights' rest and then tomorrow morning you're going to call us with your decision. With me so far?"
"I am," I was nodding. I liked Jack. Both Brian and Bob were now leaning back in their chairs. I was the only one leaning forward to take it all in.
"So," he continued. "Here is the decision you must make: One, you're going to take Bob's option number one and do nothing. You're going to call each of us in the morning and say, 'Thanks but no thanks, I'm going to get through this on my own'. We'll wish you well. Needless to say, that's the cheapest option."
"Bob's option two," Jack continued, "will depend on your wife. Again, it may be the best option and little out-of-pocket for you. It'll only cost if she announces that it's time for a divorce. Then you'll need me, and we'll go forward from there. Follow me so far?"
"I do," I said. He was making sense.
"Now," he proceeded, "before I go on, let's have a quick conversation about divorce. There is an offensive divorce and a defensive divorce. The one who files and has laid out plans is on the offense. The one on defense may have some catching up to do because they are caught flat-footed at the beginning."
"So," he continued, "if you confront her and she has already planned this, you will be playing defensive catch-up."
"But we've got the videos," I countered.
"If I'm her lawyer, I get them suppressed. And you are a bad parent. So, she gets the kids and the house, and you get to pay."