Rabbi Gabrielle's Defiance (14 page)

Monday afternoon a reply arrived from Kye.

You were right about an X-ray. My
doctor said I have fractures on Posterior Left 6 and Left 7. Small
but they really hurt. Happily, the prognosis is good. Next time we
go skating I'll wear hockey pads. We're having a New Year's bash
at
Politicstoday
.
To celebrate, we'll be linked to centers in New York, London,
Paris, Jerusalem, Cairo, Rio, Bombay, Jakarta. Our celebration will
blow the budget, but this affair will be a first: besides my
partners in crime deserve it.

You're invited. Due to
time differences, we begin 8 hours before New Year's Eve in
Washington and continue 24-hours through Jan 1st.

Let me know.

Kye

She was intrigued. None of the parties to which she
had been invited and had declined sounded half as interesting. Most
would have too much booze, too much food, and too much artificial
fun for her taste. How many people get an opportunity to celebrate
the dawning of a new year as Planet Earth revolves?

Thanks for the invitation.
It sounds delightful.

Unfortunately, I have a
commitment. Ohav Shalom is hosting a religious service to usher in
the New Year. The tradition started with the Millennium and has
continued annually. In comparison with what you have planned, our
religious service will be modest and old-fashioned. But I do
appreciate your thoughtful invitation. Sounds like I'm missing a
very privileged party.

Gabby Lewyn

Three days later, she received another
communication.

I called your synagogue to
learn that the New Year's service on December 31st will begin at
7:00 p.m. and is scheduled to end promptly at 8:30 p.m. It seems to
this Baptist that to usher in a new year on the wings of Jewish
prayer would be inspiring. And with whom more worthy than the
lovely representative of a people who have already experienced
three thousand new years in their history? A woman I sincerely hope
will soon represent not only her congregation but the Eighth
District of Maryland.

If appropriate, I would
love to attend your service. With some luck I can prevail upon you
to join our party after 8:30. And yes, for the New Year, the boss
man has reserved a company van.

Kye Oliver Naah

CHAPTER FOUR

A TORTIOUS WORLD

Gabby was not addicted to the Internet, but
was prepared to glean sermonic material from it. This evening she
honed onto the Mayo Clinic's site dealing with female eating
disorders.

Since the death of Janean Morgenstern, her
appetite had all but disappeared. Her stomach, now a parking lot
for acid, had lost the pang of hunger. Each day her skirt felt
looser at the waist and her breasts barely filled her bra.
Additionally, her energy level sagged, though Chuck still ribbed
her about being indefatigable. The Mayo Clinic reference for
anorexia dealt with more severe symptoms than she possessed, though
a physician would perhaps diagnose her condition as
early stage eating disorder.
The thought of consulting
a doctor about the problem passed through her mind but was
dismissed as unnecessary. The remedy for low caloric intake seemed
perfectly obvious and she promised herself to eat more. But that,
as most personal pledges, would prove easier said than done.

***

On a bitterly cold and blustery Sunday
afternoon, Stanley Melkin, president of Ohav Shalom, called to
request that she meet with two members of the congregation at the
law office of Chamber, Greenberg, MacFarland and Clintock LLC at 3
p.m. Monday afternoon. Subject: the Morgenstern family tragedy. As
of the moment, no lawsuit had been filed against Ohav but Stan had
reason to believe one might.

"I'd like to have Asa participate," she
responded.

"We've concluded that wouldn’t be wise at
this juncture," Stan said. "First, there's no sense in alarming
him. And second, we must talk with you about a personnel matter
that is quite sensitive, particularly in the light of your pending
sabbatical."

Leaving Asa out of rabbinical matters was not
Gabby's style and she was uncomfortable with the decision. "I'd
like you and your committee to reconsider," she said. "Asa and I
are very close. He's a mature individual who merits inclusion, not
exclusion."

"We don't mean to offend him, but at this
point it would be counter-productive. You'll agree with us
tomorrow."

On such matters, Gabby was not in the habit
of conceding. But knowing Asa's current frame of mind, she gave
way. If he was to become the personnel matter in question, why
subject him to additional grief?

When she entered the waiting room at
Chambers, Greenberg, MacFarland and Clintock LLC Ohav Shalom board
members Shirley Delinsky and Marvin Jankelrod, both attorneys in
other Washington firms, were already there. Greetings were stiff
and, at the moment, no one mentioned why Stan had called the
meeting. They eventually assembled in a conference room around an
oblong mahogany conference table. Stan was in pale blue button-down
shirt and an old-fashioned pastel tie, an understated look he
cultivated as one of the capital's prominent lawyers whom many
regarded as a
lawyer's lawyer.
Shirley,
once an attractive woman, who had unfortunately permitted poundage
to accumulate around her middle, dressed with the meticulous care
of a distinguished professional. Marvin Jankelrod, who Gabby
believed to be a pompous elitist, looked like a show-window
manikin, clothed in a humdrum conventional dark gray suite,
starched white shirt and lackluster striped necktie.

Stan offered coffee and when all declined due
to the late hour, opened a yellow legal pad and addressed Gabby.
"I've asked Marvin and Shirley to join us because they're dedicated
to Ohav Shalom and because they're members of the bar. I want
everything said in this room to be protected by Attorney-Client
Privilege. I'm sure you understand this means that nothing said
here need ever be disclosed in a legal deposition or before a court
of law. I've taken steps to have the Ohav board appoint Marvin and
Shirley as the congregation's
attorneys-in-fact
which will preclude any contention
that in their capacity they are merely non-paid advisors and
thereby not covered by this Attorney-Client Privilege. This is a
closed meeting and what we say here is entirely confidential."

Gabby had long practiced confidentiality with
her congregants, but never thought the synagogue might have matters
to hush up. It took some mental gymnastics to think of herself as a
client requiring legal representation.

"As you might suppose," Stan continued, "in
this city there is an established network of legal spies.
Information about which firm is retained by which clients leaks
into the rumor mill just about as fast as emergency treatment.
Lawyers chase clients like a good tip in the stock market. We've
recently learned that David Morgenstern has engaged the firm of
Morrison and Grant to explore a personal injury suit against Ohav
and its rabbis. I used the word 'explore' because at this moment,
it's not clear that their assignment is any more than that."

A sick feeling invaded Gabby's already sour
stomach. "I can't believe David and Laura would actually do
it."

"Please don't jump to conclusions," Marvin
inserted himself. "Retaining a firm does not necessarily mean there
will be a suit. Morrison and Grand have good lawyers who are not
likely to recommend suing an old, well-respected congregation and
its popular rabbis without substantial legal grounds. Despite
matters of law, it isn't good public relations for a firm to take
on community institutions. Lawyers are in the service trade, you
know. To sue Ohav might alienate potential clients. From the firm's
point of view, it's probably not cost-effective. Good law firms
naturally shy away from suing charities, educational and religious
institutions."

"However," Shirley interjected, "my firm also
has its spies and we're aware that over sixty percent of Morrison
and Grant's income is derived from personal injury law. The firm
may not advertise itself as injury specialists nor wish to be
identified as such, but it doesn’t feed its partners' families by
turning down juicy settlements."

"We don't know what they intend," Stan
cautioned, signaling with his hands that the subject had drifted
off course. "That will only become clear in time. Let's see first
if we can get a handle on our position. It will give me a measure
of comfort to know that we have a plan to implement. Next, I wish
to address a personnel matter on behalf of board of directors."

Gabby cupped her hands and tilted her head
over the conference table as though containing an explosive idea.
"I just can’t believe this!" she spoke to the tabletop before
glancing sideways at the president of the
shul
. "Does that mean Asa and I may have to hire our
own lawyers?"

"We certainly hope not," Stan said. "We just
don't know what David Morgenstern or his counsel have in mind.
You'll be pleased to learn that Harold Farb has done his work well
because the congregation carries up to ten million dollars of error
and omissions insurance. Our insurer, Dominion Mutual of Cleveland,
will have to foot the bill for any legal defense required and thus
will have the final say about how a defense is managed."

Marvin Jankelrod was impatient and broke the
thread of discussion, directing his remarks to Gabby. "Rabbi, we
all concur that a law suit could turn on a few critical issues.
It's obvious that our religious school trains kids in holiday
rituals and that Janean and Tybee were pupils in the school.
Okay?"

"Why of course, Marvin," responded Gabby.

"And as I understand, it was Rabbi Folkman
who instructed the Morgenstern girls about these rituals, including
but not limited to the lighting of candles. That's correct, isn't
it?"

To Gabby, this follow-up question sounded
unnecessarily provocative, but she decided not to be addled.
"Absolutely. I encourage Asa to interact with the kids in our
school. When time permits, I do the very same. And here, I need to
make a strong point – I thoroughly associate myself with Asa's
handling of the Morgenstern instruction and would have done nothing
more or nothing less than he. He did exactly what is required of a
rabbi in his professional capacity. We're a team, Marvin. If you're
hinting that one of us might be negligent, then please hear this
loud and clear: we're
both
negligent. As
senior rabbi, I insist that we must approach his issued with that
in mind. Without wishing to sound disrespectful, I'm telling you
right now, I will accept no other standard. I hope you understand
this."

Stan glanced toward his legal colleagues, as
if to transmit through his eyes that if Morrison and Grand decided
to move forward it would be necessary to separate the actions of
each rabbi, attributing different levels of omission to each. The
senior rabbi will be attacked for negligent supervision and the
junior, for professional incompetence. "We'll certainly keep your
wishes in mind, Gabby," he said without enthusiasm.

Shirley followed with a kinder question.
"Where, may I ask, did Rabbi Folkman teach the Morgenstern kids
about lighting candles?"

"In his study, I believe. He told me that the
girls came to him after religious school to say that they wanted to
practice lighting the menorah. He thought that odd because normally
parents teach their children this at home. They said that their
parents didn't possess a menorah. Their mother, who isn't Jewish,
looked to their father to take the lead. But David didn't seem to
care. Asa got the impression the kids intended to teach their
parents about these rituals."

"To your knowledge, Rabbi, did the
Morgenstern girls actually light the dandles in Rabbi Folkman's
study?"

"Yes, I believe so. Asa told me he was
impressed that they knew the appropriate blessings without
referring to a
siddu
r."

"And they used matches?" Shirley
continued.

"Asa doesn't smoke and wouldn't carry a
lighter. So they must have used matches."

"And did he tell them how dangerous fire
could be?"

Gabby sensed how these lawyers viewed the
problem. "I think you'd better get Rabbi Folkman to answer that in
his own words."

Marvin Jankelrod exhaled a puff of air,
making brief eye contact with Stan Melkin. "Yes, Rabbi, we can
appreciate your position about shared responsibility, but we must
also be realistic. In this context a jury is not likely to
understand the notion of joint responsibility. It might make
perfect sense to you but I'm afraid not to outsiders."

Stan appeared troubled and interrupted.
"That's where we think there might be some liability. It's a thin
straw, so to speak. But Morrison and Grand might try to make a case
that Ohav Shalom was duty bound to have warned the children in
advance, either orally or in writing about the dangers of using
matches. Perhaps a parental waiver document."

Gabby swelled with frustration. "Gimme a
break! We only have these kids for a few precious hours in our
school. We can't go running to their parents seeking written
permission to teach their children. It's easy for lawyers to insist
on waivers, indemnities, and tons of boilerplate documents, but we
haven't time to clutter up our lives with such stuff. We have a job
to do, regardless of the potential risks."

"Perhaps, but we all know how written
documents affect a case."

"We don't know how the accident happened, do
we?" Gabby insisted.

Stan reentered the conversation. "The
fire-marshal hasn't released his report yet. Knowing how slow
things work in the District government that might be several weeks.
Nelson McKesson, Ohav Shalom's insurance agent, has promised to
notify Harold as soon as his company gets the report. So for the
meantime, we're got to batten down the hatches."