A Civil Action

1

For three days, Schlichtmann’s team takes stock of their situation. Because they know the jury is divided, their prospects for phase two of the trial are murky. Combined with their disastrous financial situation, Schlichtmann believes the only option is to try to settle. Given the date, the judge will be able to start dismissing leukemia cases, taking their evidence away. However, Schlichtmann also feels that they might have a chance at winning. The jury found Grace culpable on the watershed phase. It seems likely to Schlichtmann that they will do the same at the conclusion of phase two, after being confronted with grieving parents and ill children.

First, however, Schlichtmann arranges a potential settlement conference with a man named Albert Eustis, Grace’s executive vice president and general counsel. The meeting is held at the Lafayette Hotel. They ask for twenty-five million. Eustis’s formerly brusque manner becomes friendly: it is obvious he was expecting more. He says that he’ll take the number to the Board and they’ll talk soon.

2

On August 7th Schlichtman and his team fly to New York for the negotiation. Eustis offers only $6.6 million. Schlichtmann confers with his team. They all want to take the

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