A Civil Action

1

Facher realizes that he is not prepared to try the case. There is too much work still to do, too many experts with whose work he is not yet conversant, and he is very tired. He believes he would need at least another six months. He writes a lawyer’s affidavit to Judge Skinner. It is twenty pages long and he believes it justifies the seven-month extension he had decided to ask for.

Skinner summons the lawyers to his chambers. He says that it is time to start the trial. Although he sympathizes with Facher’s position, he says they have waited long enough. Schlichtmann agrees. Facher then proposes that they begin to talk about a settlement. He is surprised when Schlichtmann says he has a number in mind, since Facher was unable to get one out of him through his own efforts.

2

Schlichtmann’s team go out to dinner and then discuss a number for the proposed settlement. They decided to ask for one-hundred-and-seventy-five million dollars. But they do not want to simply ask for the sum. They agree to ask Beatrice and Grace to pay twenty-five million to a leukemia foundation, twenty-five million in cash, and the remainder to be paid to the families over thirty years.