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Book review: Divorce case allows glimpse into amusing law firm matters

August 13, 2014
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By Cynthia Baker

It begins with a ten year old’s Happy New Year greeting to her grandpa, including the sentence, “Mommy and Daddy are cranky.” It ends with a brief reminder on a lawyer’s personal legal stationary. In between these handwritten notes, “The Divorce Papers” tells a story about a divorce through legal documents, emails, court filings, news articles, a psychiatric report, statutes, judicial opinions, billable hour reports, invitations, and, of course, offers and counter-offers.

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Through the divorce of Dr. Daniel Durkheim and Maria “Mia” Mather Meiklejohn Durkheim, Susan Rieger’s novel introduces a wonderful cast of characters to

uched by the Durkheim divorce. More important, the novel invites readers to explore the threads of love and respect that can transcend a dead marriage. This humorous and touching novel sometimes positively glistens with the wit of smart lawyers, the love between husbands and wives and exes and parents and children, and the fresh ambition of a lawyer who is just trying to do her job (and make partner).

Set in 1999 in the fictional state of Narragansett (state statutes, judicial opinions, and law schools included), the novel’s main character, Sophie Diehl, is an associate at the prestigious mid-sized law firm of Traynor Hand and Wyzanski. Due to the absence of the partners who usually handle divorces, or, as the partners like to say, “matrimonial matters,” 29-year-old associate Sophie handles the intake interview for Mrs. Durkheim, the daughter of one of the law firm’s most important clients. Sophie is not a divorce lawyer.
Unlike her client, who was surprised by her husband’s filing of divorce proceedings after eighteen years of marriage (“I thought we’d live unhappily ever after,” writes Mia), Sophie almost expects her romantic relationships to end in disappointment. While Mia weighs the impact of her divorce on her only daughter, Sophie reflects on the impact of her parents’ divorce on her professional ambitions and personal relationships. The correspondence between, to, and from these two women provides the novel’s framework.

Its texture benefits from the fact that the author is a lawyer, has taught law at the undergraduate and law school level, and, has been through a divorce. Early in her legal career, Rieger taught a legal writing class that required her to create hypotheticals for her law students, including writing statutes, cases, assignments and inventing clients and law firms. After her own divorce, Rieger began her work on “The Divorce Papers,” which took years to write and additional years to complete. This blending of law and life, the lawyer and the divorcee, the real and the fictional, grounds the novel in what lawyers know and live.

While the always-so-clever, New Englandy pretentiousness of the correspondence can be a little unbelievable at times, it certainly entertains. For example, the wit, literary allusions, and personal insights contained in the inter-office legal memos between Sophie and her mentor/partner David Greaves are just beyond the pale of what busy lawyers would be able to do on any consistent basis. However, how else could readers appreciate the personalities, politics, and law firm dynamics of Traynor Hand and Wyzanski?

Similarly, these unrealistic aspects of the correspondence are what bring so many issues of the novel to life: sexism, racism, ageism, and, of course, the topic of all topics, love. The wonderful, wise and often hilarious email correspondence between Sophie and her best friend, while perhaps beyond belief in terms always being so “on,” does a wonderful job inviting readers into the relationships of many of the novel’s characters. And, while a divorce where money is really not at issue is difficult to believe, the Durkheim divorce is exactly that. However, this stretch of the imagination allows readers, like the divorcing parties, to focus on matters of ego and desire (which are really more interesting topics than money anyway, right?).

Finally, readers who are lawyers might especially enjoy watching the lawyers in the novel deal with each other, from law office management to professional development and retaining clients. For example, some of the novel’s correspondence sheds light on the bias and reputations of lawyers based on their respective alma maters and judicial clerkships, stereotypes connected to the sorts of law that lawyers practice, and even generational differences within the practice of law. With these candid views of what lawyers often take for granted, Rieger invites all readers, lawyers included, to laugh at themselves and some of the funnier aspects of the legal profession.

I can count the epistolary novels I’ve read on one hand: Nik Bantok’s “Griffin and Sabine,” Bram Stoker’s “Dracula,” Alice Walker’s “The Color Purple,” and C.S. Lewis’ “The Screwtape Letters.” “The Divorce Papers” makes five. While it may not rise to the acclaim of its predecessors on my little list, I enjoyed it very much. I think many in our legal community would too.•

Cynthia Baker is a Clinical Professor of Law at the Indiana University Robert H. McKinney School of Law.

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  1. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

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