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The Litigators
Cover art for U.S. distribution
AuthorJohn Grisham
LanguageEnglish
Subjectclass action lawsuit, pharmaceutical drugs
GenreLegal thriller
PublisherDoubleday (US)
Hodder & Stoughton (UK)
Publication date
October 25, 2011
Publication placeUnited States
Media typeHardcover, Paperback, Audiobook and E-book
Pages385 (Hardcover 1st edition)
ISBN9780385535137

The Litigators is a 2011 legal thriller novel by John Grisham, his 25th fiction novel overall. The Litigators is about a two-partner Chicago law firm attempting to strike it rich in a class action lawsuit over a cholesterol reduction drug by a major pharmaceutical drug company. The protagonist is a Harvard Law School grad big law firm burnout who stumbles upon the boutique and joins it only to find himself litigating against his old law firm in this case. The book is regarded as more humorous than most of Grisham's prior novels.

Critical reviews were mixed for the book, with several opinions noting a lack of suspense. Nonetheless, the book has achieved both hardcover and ebook #1 best seller status on various lists, including both The New York Times and The Wall Street Journal. However, since some services do not separate fiction and non-fiction books, it did not debut as a #1 bestseller on certain lists, such as the USA Today. Some reviewers noted that this story would lend itself to an adapted screenplay.

Background

Grisham in 2008

Having sold 250 million copies of his previous 24 novels in 29 languages, Grisham had produced an international best seller with each prior book.[1][2] Including the release of The Litigators, Grisham has produced 23 adult fiction novels and 2 childrens fiction novels as well as a short story collection. In addition, he has produced one non-fiction book. Thus, various sources claim this to be his 23rd,[2] 25th,[3] or 26th book.[4]

In the first of a two-part interview with The Wall Street Journal, Grisham claimed that although he usually attempts to include humor in his submitted drafts, it is usually removed during the editorial process. However, in this case much of the humor survived editing.[5] In the second part of the interview the following week, Grisham noted that his inspirations for the book included television advertisements and the Deepwater Horizon oil spill.[6]

Publication

Leading book retailers such as Amazon.com,[7] Barnes & Noble,[8] and Walmart[9] released the book in hardcover format in the United States as a Doubleday publication on October 25, 2011. In the United Kingdom, the book was published with different cover art by Hodder & Stoughton on the same date.[10]

The book is also available as an audiobook, narrated by Scott Brick,[11] and in ebook format.[8] Other formats available on October 25, included large-print, compact disc and abridged compact disc.[12] A limited edition will be available on November 22, 2011.[8] An excerpt from the book was included in some editions including the iTunes Store edition of The Confession, which was his prior adult novel.[13]

Plot

Oscar Finley and Wally Figg are the bickering partners of a small twenty-plus year old law firm in the western part of the South side of Chicago that tries to appear to be successful although it is really a small-time operation. Generally, the firm focuses on simple divorces and DUI cases, with an occasional automobile accident that provides a boon to the firm. Oscar's character holds the firm together despite the childish junior partner Wally and his questionable ethics.[3] The novel presents Finley & Figg as a law firm so far down the food chain that it advertises on bingo cards.[14]

The story depicts the changes that occur when a young formerly successful down-and-out attorney, David Zinc, relegates himself to working as an associate with Finley & Figg (F&F) and an enormous case avails itself.[15] Zinc is the hero, but after an anxiety attack and drinking binge, he finds himself on the doorstep of F&F.[16] With the change in employment, Zinc instantly goes from a 93rd-floor office at Rogan Rothberg to a South Side firm that is conveniently located near one of Chicago's most accident prone intersections between a massage parlor and a lawnmower repair shop.[16][17] An early client in the story is DeeAnna Nuxhall, who was a repeat divorce customer but unable to pay her legal fees.[18] When her boyfriend failed to coerce the firm into service, she paid her divorce fees in kind and became Wally's love interest.[19] He would break up with her much later when it was convenient for him to do so.[20]

As part of the routine, Rochelle checks the obituaries to see if any of their estate clients has passed away. One day, Chester Marino's name is listed and Wally makes his way to the proper funeral home. He meets Lyle Marino, the son whose interests F&F were suppose to represent against children from a second marriage. Lyle claims that his father was killed by Krayoxx, whetting Wally's tongue to the case.[21] After finding a few former clients who had valid claims, the firm was able to generate publicity in the Chicago Tribune with a picture of their filing. This induced an avalanche of communications and led them to several additional claimants.[22]

At first, the case seems to be a simple opportunity to sign up patients who took the extremely popular cholesterol reduction drug, Krayoxx, which was the number one prescription for obese patients.[15] Varrick Labs is the third largest pharmaceuticals company in the world.[14] Krayoxx is produced by Varrick Labs, a $25 billion/year pharmaceutical giant which is dealing with a preponderance of heart attacks by its customers. Wally notices a blossoming class action lawsuit in Florida against Varrick and realizes that if he can find some patients to sign as clients, he can earn a big payday on another firm's coattails. However, some complications make the story interesting.[15] Although none of the three F&F lawyers had previously argued in United States federal court, that is where they find themselves pitted against Zinc's old firm with this case.[16] In fact, David's expertise was in long-term bonds.[3]

Once the Finley & Figg become prominent, mass tort operators approach them about being part of a mass settlement. Wally flies to Las Vegas to meet with the other mass tort interests, most notably Jerry Alisandros.[23] Varrick flew to Chicago to meet with Nadine Karros, a leading defense attorney. Karros works for Rogan Rothberg. Believing that they can get federal judge Harry Seawright to claim jurisdiction, Karros is chosen for her firms' ties to him and her expertise.[24] The case was soon expedited on Seawright's docket with Finley & Figg's claim singled out of the tort claimants.[25] Eventually, Karros takes action to have Finley & Figg's eight death cases separated.[26] Eventually, Alisandros learns that tests of Krayoxx yield benign results.[27] Oscar and his wife, Paula, are often at odds, and as a large settlement looms, she attempts to divorce him and cash out.[28] After settlement talks break down with Varrick, Alisandros withdraws as co-counsel and Finley & Figg motions to withdraw their claims.[29]

Once at Finley & Figg, Zinc stumbles upon a lead poisoning brain damage case involving Burmese immigrants.[30] He expends his own time and resources on their case.[31][32][33] He also succeeds in representing immigrants in a labor law case.[34] During the labor case, the employer attempted to have Finley & Figg burned down and the individual who attempted to do so stumbled upon Wally at the office. Wally shot him and added an unnecessary debilitating shot that shattered the person's leg.[35] He was sued for excessive force.[36]

With Varrick having spent 18 million dollars defending himself and the mass tort bar having vociferously discredited Krayoxx in the mass media, Karros motioned for frivolous lawsuit sanctions pending a withdrawn motion. Additionally, actions were initiated for legal malpractice regarding Wally's letters that promised $2million dollar settlement followed by motions to dismiss without notifying his clients. After realizing that they could be sued for defense costs and malpractice for withdrawing the case, Finley & Figg withdraw their motions and agree to a jury trial that they believe to be futile.[37] The trial commenced as originally scheduled.[38] During opening statements, Oscar suffered a myocardial infarction. Wally attempted to make light of the situation by proclaiming it an example of Krayoxx effects. Karros moved for mistrial and the motion was granted, leading to the need to seat a new jury.[39] Wally stood in for Oscar as lead attorney while a new jury was seated and for the first day of testimony.[40] The next day, the recovering alcoholic Figg was nowhere to be found although an empty pint bottle of Smirnoff Vodka was.[41] After Wally was AWOL for a second day, David was pressed into service.[42] Rueben Massey, Varrick CEO, instructed Karros not to motion for likely-successful summary judgment.[43] Zinc declined to cross-examine the first handful of expert witnesses that Varrick called,[44] Eventually, Zinc discredited the reputation Varrick's clinical trials during cross-examination of the final expert witness.[45] Nonetheless, the jury rendered a very quick not guilty verdict.[46]

Zinc continued to pursue the led poisoning product liability case.[47][48] He settled the case for $6.5 million (including $1.5 million in legal fees).[49] He attempted to become equal partners as Finley, Figg & Zinc.[50] The partnership did not work out and was dissolved after twelve months. Zinc opened his own product liability practice, David E. Zinc, Attorney-at-Law.[51]

List of characters

  • Oscar Finley, Finley & Figg Senior Partner - A lazy, unhappily married, nearing retirement "fender-benders, slip-and-falls and quickie divorces veteran" and former police officer.[17][5] University of Chicago Law School grad who took the bar exam three times.[52]
  • Wally Figg, Finley & Figg Junior Partner - A former DUI convictee and four-time divorcé who trolls funeral parlors and sickrooms for clients.[17] Took the bar exam three times.[52]
  • David Zinc, Finley & Figg Associate attorney - Prototypical Grisham young hot shot Harvard grad lawyer whose life is turned upside down.[17]
  • Rochelle Gibson, Finley & Figg secretary - Former claimant against Finley & Figg who holds the firm together.[17]
  • Nadine Karros, Defendant's leading litigator recruited by Varrick.[53]
  • Harry Seawright, federal judge.[54]
  • DeeAnna Nuxhall, repeat Finley & Figg divorce customer and eventual love interest of Wally's
  • Jerry Alisandros, mass tort operator who brings F&F into his firms fold.[55]
  • Paula Finley, Oscar's wife
  • Rueben Massey, CEO Varrick.

Critical review

The Litigators is said to be "an amusing and appalling look into the machinations of a nationwide class-action suit," according to Tobin Harshaw of Bloomberg L.P.[3] The Wall Street Journal's Christopher John Farley noted that the book is lighter than Grisham's other works.[5] Publishers Weekly called it a "bitingly farcical look at lawyers at the bottom of the food chain".[56] CNN described the book as an original perspective of "the best and worst the American system of justice has to offer".[1] Louis Bayard of The Washington Post, who described himself as someone who abandoned Grisham after his first three novels, noted that this book might be a good starting point for those who have tired of Grisham.[16] Andrea Simakis of The Plain Dealer describes the book as a "heartier meal" than Grisham's usual "potato-chip fiction".[17] Publishers Weekly also notes that the fairy tale ending is not really in keeping with the introduction's dark humor.[56] Rick Arthur of The United Arab Emirates publication The National describes the book unfavorably as a cross between prior Grisham works The Street Lawyer and The King of Torts and similarly describes the protagonist unfavorably to those of The Firm and The Rainmaker.[4] Geoffrey Wansell of the Daily Mail presented one of the more favorable reviews describing the book as "a spectacular return to form, displaying the clarity and passion that were there in his first thrillers but seemed to ebb away."[2] Wansell notes that Grisham returned to one of his seminal themes of the idealistic young lawyer fighting with the realization that corporations only care about maximizing profits.[2]

There book has been derided for its lack of suspense. Carol Memmott of USA Today says that Grisham's latest attempt to capture the spirit of the legal David and Goliath story is missing "the ratcheting-up of suspense" that he has employed successfully in recent adult and youth novels.[57] Harshaw claims that the book is lacking in the suspense that made The Firm so successful.[3] Arthur finds elements of the plot implausible and the story unsuspensful as well as unsatisfying.[4] Although the book is somewhat predictable, Bayard notes that "Grisham swerves clear of the usual melodramatic devices. Corporations aren’t intrinsically venal; plaintiffs aren’t lambent with goodness. And best of all, no one is murdered for stumbling Too Close to the Truth."[16]

Some sources noted that the book has potential to become an adapted screenplay. Irish Independent describes Grisham's new book as "following his usual route to the bestsellers list" and projects it as a candidate to be his next hollywood film. Although it is standard Grisham fare, Independent noted that it provides the usual thrills in Grisham's comfortable legal world and should be a gripping read for his usual fans.[58] The Sunday Express noted that the book could be readily converted to a screenplay, but its critic, Robin Callender Smith, viewed the "ambulance chasing" ethos as a foreign thing that Brits might have to worry about in the near future.[59]

Simakis praised the book for having more depth of character than Grisham's novels customarily do.[17] She compares the protagonist to Mitch McDeere from The Firm and Rudy Baylor from The Rainmaker.[17] Memmott says that most of the claimants that they find are unsympathetic, but a few are from somewhat sympathetic immigrant families.[57] Simakis notes that Wally trades sex for legal services with one claimant.[17] Harshaw says that the book is a bit sentimental and comparatively lacking in terms of secondary character development for Grisham.[3] Larry Orenstein of Canada's Globe and Mail notes that on the dramatic scale this book has instances of laugh out loud humor that make it more like Boston Legal than The Practice, which Boston Legal was spun-off from.[14]

Commercial success

It immediately was listed as the Publishers Weekly #1 best-seller among fiction hardcover books according to Reuters.[60] It was also listed as the #1 best-seller by The New York Times in the November 13, 2011 book review section for the week ending October 29, 2011 for Hardcover Fiction, E-Book Fiction, Combined Hardcover & Paperback Fiction, and the Combined Print and E-Book Fiction.[61] It dropped from the #1 position in its second week on the list.[62] The Wall Street Journal announced that on Saturday October 29, it would begin incorporating digital book sales in its best seller lists.[63] When the book debuted in The Wall Street Journal list on November 5 for the week ending October 30, it was listed first in Hardcover Fiction, Fiction E-Books and Fiction Combined.[64] It retained the hardcover lead the following week, but lost the other leads.[65] After two weeks it was surpassed on the hardcover list as well.[66]

The book was released the day after Walter Isaacson's biography of Steve Jobs, entitled Steve Jobs, was released by Simon & Schuster. Jobs had died on October 5 and the release date was moved forward.[67][68] The Jobs book's release had been moved forward twice; It had been moved from spring 2012 to November 21 after Jobs stepped down and then to the October 24 date after his death.[69] When The Litigators debuted on November 03 on the USA Today best-seller list, which does not separate fiction and non-fiction, it debuted at number 2 behind the Jobs book.[70]

References

  1. ^ a b DuChateau, Christian (2011-10-28). "Grisham talks ambulance chasers, eBooks". CNN. Retrieved 2011-10-30.
  2. ^ a b c d Wansell, Geoffrey (2011-11-04). "Thrillers". Daily Mail. Retrieved 2011-11-05.
  3. ^ a b c d e f Harshaw, Tobin (2011-10-25). "Grisham's Ambulance Chaser Pulls Gun on Deadbeat Client: Books". Bloomberg L.P. Retrieved 2011-10-26.
  4. ^ a b c Arthur, Rick (2011-11-04). "John Grisham: The Litigators". The National. Retrieved 2011-11-03.
  5. ^ a b c Farley, Christopher John (2011-10-28). "John Grisham Gets the Last Laugh on the Law". The Wall Street Journal. Retrieved 2011-10-29.
  6. ^ Farley, Christopher John (2011-11-03). "Will There Ever Be Another John Grisham? John Grisham Has Some Thoughts". The Wall Street Journal. Retrieved 2011-11-05.
  7. ^ "The Litigators [Hardcover]". Amazon.com. Retrieved 2011-09-18.
  8. ^ a b c "The Litigators". Barnes & Noble. Retrieved 2011-09-18.
  9. ^ "The Litigators". Walmart. Retrieved 2011-09-18.
  10. ^ "The Litigators [Hardcover]". Amazon.com UK. Retrieved 2011-09-18.
  11. ^ "Major Audio Releases". Library Journal. 136 (16): 46. 2011-10-01.
  12. ^ "The Litigators". American Booksellers Association. Retrieved 2011-09-18.
  13. ^ "The Confession by John Grisham". Apple. Retrieved 2011-09-18.
  14. ^ a b c Orenstein, Larry (2011-11-04). "A visit to Grisham country north". Globe and Mail. Retrieved 2011-11-05.
  15. ^ a b c "The Litigators". Random House, Inc. Retrieved 2011-09-18.
  16. ^ a b c d e Bayard, Louis (2011-10-20). "Book review: John Grisham's "The Litigators" a swerving, stirring retort". The Washington Post. Retrieved 2011-10-22.
  17. ^ a b c d e f g h i Simakis, Andrea (2011-10-24). "In 'The Litigators,' John Grisham fleshes out his characters". The Plain Dealer. Retrieved 2011-10-25.
  18. ^ Grisham, pp. 77–79.
  19. ^ Grisham, Ch. 12.
  20. ^ Grisham, p. 245.
  21. ^ Grisham, Ch. 4.
  22. ^ Grisham, Ch. 13.
  23. ^ Grisham, Ch. 16.
  24. ^ Grisham, Ch. 17.
  25. ^ Grisham, Ch. 19.
  26. ^ Grisham, Ch. 23.
  27. ^ Grisham, Ch. 32.
  28. ^ Grisham, Ch. 33.
  29. ^ Grisham, Ch. 34.
  30. ^ Grisham, Ch. 20.
  31. ^ Grisham, p. 163.
  32. ^ Grisham, pp. 171–2.
  33. ^ Grisham, Ch. 27.
  34. ^ Grisham, Ch. 31.
  35. ^ Grisham, Ch. 29.
  36. ^ Grisham, Ch. 33.
  37. ^ Grisham, Ch. 35.
  38. ^ Grisham, Ch. 37.
  39. ^ Grisham, Ch. 38.
  40. ^ Grisham, Ch. 39.
  41. ^ Grisham, Ch. 40.
  42. ^ Grisham, Ch. 41.
  43. ^ Grisham, Ch. 43.
  44. ^ Grisham, Chs. 44–5.
  45. ^ Grisham, Ch. 45.
  46. ^ Grisham, Ch. 46.
  47. ^ Grisham, p. 364.
  48. ^ Grisham, Ch. 48.
  49. ^ Grisham, Ch. 49.
  50. ^ Grisham, Ch. 50.
  51. ^ Grisham, Epilogue.
  52. ^ a b Grisham, p. 3
  53. ^ Grisham, Ch. 17
  54. ^ Grisham, Ch. 17
  55. ^ Grisham, Ch. 16
  56. ^ a b "The Litigators". Publishers Weekly. 2011-10-24. Retrieved 2011-10-26.
  57. ^ a b Memmott, Carol (2011-10-24). "Verdict: Grisham's 'Litigators' falls short". USA Today. Retrieved 2011-10-25.
  58. ^ Walsh, Rowena (2011-10-22). "Review: Fiction: The Litigators by John Grisham". Irish Independent. Retrieved 2011-10-22.
  59. ^ Smith, Robin Callender (2011-10-30). "Book Review - The Litigators, John Grisham Hodder & Stoughton, £19.99". Sunday Express. Retrieved 2011-10-31.
  60. ^ ""The Litigators" tops best-sellers list". Reuters. 2011-11-04. Retrieved 2011-11-03.
  61. ^ "Best Sellers: November 13, 2011". The New York Times. 2011-11-13. Retrieved 2011-11-05.
  62. ^ "Best Sellers: November 20, 2011". The New York Times. 2011-11-20. Retrieved 2011-11-15.
  63. ^ "Wall Street Journal to Debut E-Book Best-Seller Lists Provided by Nielsen". The Nielsen Company. 2011-10-28. Retrieved 2011-11-05.
  64. ^ "Best-Selling Books, Week Ended Oct. 30: With data from Nielsen BookScan". The Wall Street Journal. 2011-11-05. Retrieved 2011-11-05.
  65. ^ "Best-Selling Books, Week Ended Nov. 6: With data from Nielsen BookScan". The Wall Street Journal. 2011-11-12. Retrieved 2011-11-15.
  66. ^ "Best-Selling Books, Week Ended Nov. 13: With data from Nielsen BookScan". The Wall Street Journal. 2011-11-19. Retrieved 2011-11-19.
  67. ^ "Bookmarks: News and notes from the First Coast world of books". The Florida Times-Union. 2011-10-23. Retrieved 2011-10-25.
  68. ^ Lynch, Rene (2011-10-06). "Steve Jobs biography: Release date moves up, skyrockets to No. 1". Los Angeles Times. Retrieved 2011-10-25.
  69. ^ Minzesheimer, Bob (2011-11-03). "Steve Jobs bio tops USA TODAY's Best-Selling Books list". USA Today. Retrieved 2011-11-05.
  70. ^ "Best-Selling Books". USA Today. 2011-11-03. Retrieved 2011-11-05.

Grisham, John (2011). The Litigators. Doubleday. ISBN 978-0-385-53513-7.

Preceded by The New York Times Combined Print & E-book Fiction #1 best-seller
October 29 – November 4 		Succeeded by
Preceded by The New York Times Combined Hardcover & Paperback Fiction #1 best-seller
October 29 – November 4 		Succeeded by
Preceded by The New York Times Hardcover Fiction #1 best-seller
October 29 – November 4 		Succeeded by
Preceded by The New York Times E-book Fiction #1 best-seller
October 29 – November 4 		Succeeded by
Preceded by The Wall Street Journal Fiction Combined #1 best-seller
October 30 – November 5 		Succeeded by
Preceded by The Wall Street Journal Hardcover Fiction #1 best-seller
October 30 – November 12 		Succeeded by
Preceded by The Wall Street Journal Fiction E-Books #1 best-seller
October 30 – November 5 		Succeeded by
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