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[edit] Summary
Two attorneys, Mary Grace and Wes Payton, have won a $41,000,000 judgment against Krane
Chemical for dumping toxic materials into the drinking water of Bowmore, Mississippi, and the
evidence is so solid that the verdict is unlikely to be disturbed by the appellate courts. Carl Trudeau, the
leader of Krane Chemical, on the other hand, will do whatever is necessary to retain power by winning
the appeal, even if it means selling his soul to a corrupt political machine. The book is thought by some
to be based on the 2004 judicial election of Brent Benjamin to the West Virginia Supreme Court of
Appeals.
Tom Wolfe's epic 1987 novel, "The Bonfire of the Vanities," unforgettably examined the money
grubbing, hypocrisy, and spiritual hollowness of New York City during the 1980s. It mercilessly
skewered Reagan-era American values, holding up a mirror that made readers simultaneously nod in
self-recognition and flinch in horror. With "The Appeal," a novel that could become its own era-
defining classic, John Grisham holds up that same mirror to our age.
JOHN GRISHAM sometimes seems less a literary personality than a force of nature – his books a
showy kind of regularly reoccurring natural phenomenon, a sort of Halley’s comet between
hard covers.
People who keep track of such things report that Grisham was the bestselling author of the 1990s, when
readers bought more than 60 million of his books. He belongs to an elite group of authors who have
sold out first printings of 2 million volumes. Grisham remains the only author to have written a novel
that topped the bestseller lists for seven consecutive years.
In the world of popular fiction, those sorts of numbers not only put you beyond the reach of
conventional criticism, but they also obscure any purpose but brute commerce. That’s a shame in
Grisham’s case, because no other writer of his popularity is quite so keen-eyed or as fierce a social
critic. He’s an idealist but not an optimist; a moralist but not a moralizer.
“The Appeal” is his 20th novel, and it’s as angry, dark and urgent a piece of social realism as you’re
likely to find on the bestseller lists any time soon. Further, in this presidential election year, it’s a far
more blunt, accurate and plain-spoken indictment of our contemporary political system’s real failings
than you’re likely to find anywhere on the nonfiction lists.
Grisham has set himself an interesting task in “The Appeal” – to simultaneously explore the malevolent
influence of moneyed special interests on our electoral system and to rehabilitate the social standing of
trial lawyers. The latter may prove a tougher sell than the former. Big business and its allies in the
Republican Party have spent decades so successfully vilifying “trial lawyers” as legal vultures and
social parasites that the two words virtually have become an epithet. Witness the sniping at Democratic
presidential candidate John Edwards, a millworker’s son who earned much of his considerable personal
fortune trying horrific medical malpractice cases. The fact that nearly every dollar in a trial lawyer’s
wallet came from obtaining injured individuals the justice they otherwise would have been denied by
our system is somehow lost in all the derisive hooting about expensive haircuts.
Not on Grisham, part of whose purpose here is to remind his readers that the trial lawyer’s contingency
fee is the poor man’s key to the courthouse – usually the only one.
Grisham sets his story in territory he knows well, rural and small-town Mississippi, where he once
practiced criminal law, did civil litigation and served as a Democratic representative in the state
Legislature. In this case, the setting is a community outside Hattiesburg, where the Krane Chemical
plant has been dumping carcinogenic chemicals into the water table for years and lying about it. The
water is so toxic that it turns the local baseball diamond brown, and in household after household,
people die of cancer. It’s a cluster of disease so striking that a national magazine dubs the area “Cancer
County USA.” Krane, however, produces expert after bought-and-paid-for expert to assert that there’s
nothing wrong with water so fetid that people no longer use it even to wash.
Finally, a local husband-and-wife law firm – Wes and Mary Grace Payton – take the case of a widow
who has lost both husband and son to the toxic waste coming out of the tap. The Graces wager
everything, including their home, to finance the case. By the time a jury finds in their client’s favor and
awards her $41 million, the Graces are living with their two children in a run-down apartment and
eating macaroni and cheese for dinner.
The verdict represents not only justice for their client but also the fee that will put them back on their
feet. There is, however, still the matter of the company’s inevitable appeal. Krane’s biggest stockholder
is the predatory New York billionaire Carl Trudeau, who has no intention to slip down the Forbes 400
list of the wealthiest Americans. He promises his colleagues that “not one dime of our hard-earned
profits will ever get into the hands of those trailer park peasants.”
Trudeau quickly resolves that he needs more than just an appeal. For $8 million – chump change where
he comes from – the magnate hires a crisis management cum political consulting firm. Why risk an
appeal, he’s advised by a corrupt senator, when he can stack the judicial deck? The Mississippi
Supreme Court, which ultimately must hear the case, often splits 5-4 in favor of plaintiffs in similar
liability cases. The consultants propose targeting the swing-voting justice in the next election and
replacing her with a hand-picked, ideologically reliable jurist.
The fact that the justice up for election is a divorcée, Sheila McCarthy, who sometimes dates and is a
fair-minded political moderate, makes her an attractive target. By the time the hired consultants finish
with her, she’s an irreligious libertine tool of the trial lawyers who hates families and wants to
confiscate everybody’s guns. Her opponent, a young, small-town lawyer named Ron Fisk, is a right-
wing ideologue comfortable speaking from church pulpits. He coasts to victory.
So far, so depressing – if realistic – and then fate intervenes. Fisk, who has sided with the new majority
in case after case denying liability verdicts, has the draft opinion striking down the decision in the
Krane Chemical case sitting on his desk. It requires only his concurrence to become official. Then, the
son on whom he dotes is injured and left permanently impaired by a defective product and a medical
error. It’s a transformative experience, but is it enough to overcome ideology and the powerful political
alliances that put him on the court?
It’s a fascinating narrative, filled with deadly accurate characterizations by an author who knows both
the law and politics from the inside. The problem, as with all Grisham’s fiction, is that it’s egregiously
written. In fact, from his earliest books, this is a writer who practices what might be called “post-
literate fiction,” work that observes none of the conventions of traditional literary narrative. Characters
arrive as if spawned from the head of Zeus, fully formed and unchanged by anything that transpires in
the course of the story’s unfolding. It is, moreover, a Manichaean universe in which – for example –
Trudeau is an unrelieved portrait of contemporary avarice and callous self-regard and the Paytons are
models of weary, decent virtue. Meanwhile, pronouns float through his prose with indeterminate
antecedents, and the plot clanks from point to point. The influences are to be found not in literature but
in the cinema and – more recently – video games.
Grisham has spoken on several occasions of his regard for John Steinbeck, but his real novelistic
ancestor is Upton Sinclair of “The Jungle” and “Oil!” In other words, “The Appeal” is basically
agitprop – agitprop in a couple of good causes, but agitprop nonetheless.
If You Can’t Win the Case, Buy an Election and Get Your Own Judge
• By JANET MASLIN
Published: January 28, 2008
“The Appeal” is John Grisham’s handy primer on a timely subject: how to rig an election. Blow by
blow, this not-very-fictitious-sounding novel depicts the tactics by which political candidates either can
be propelled or ambushed and their campaigns can be subverted. Since so much of what happens here
involves legal maneuvering in Mississippi, as have many of his other books, Mr. Grisham knows just
how these games are played. He has sadly little trouble making such dirty tricks sound real.
Building a remarkable degree of suspense into the all too familiar ploys described here, Mr. Grisham
delivers his savviest book in years. His extended vacation from hard-hitting fiction is over. However
passionately he cared about the nonfiction events he described in “An Innocent Man,” his strong suit
remains bluntly manipulative, no-frills storytelling, the kind that brings out his great skill as a
puppeteer. It barely matters that the characters in “The Appeal” are essentially stick figures. What
works for Mr. Grisham is his patient, lawyerly, inexorable way of dramatizing urgent moral issues.
The jumping-off point for “The Appeal” is that a mom-and-pop law firm wins a big Mississippi verdict,
triumphing over a chemical company that has spread carcinogenic pollutants. But this victory could
turn out to be hollow, because the deep-pocketed corporate defendant isn’t giving up without a fight.
The New York-based Krane Chemical swings into combat mode, first by taking stock of these small-
town lawyers. The mom and pop are Wes and Mary Grace Payton: nice people, good parents, nearly
broke. Krane’s stealth envoys quickly determine that it wouldn’t take much to push the Paytons over
the edge.
But the Paytons themselves are little more than a nuisance to Krane. The precedent created by their
case is what matters, and the company’s real objective is to make itself safe from similar attacks in the
future. In order to arrange that, Krane needs the Mississippi Supreme Court. Another nuisance:
Mississippi Supreme Court justices can’t simply be appointed. They have to be elected.
Now the stakes start to ratchet up. So a corrupt senator puts Krane’s greedy billionaire C.E.O., Carl
Trudeau, in contact with Troy-Hogan, a mysterious Boca Raton firm that specializes in elections. There
is no Troy. There is no Hogan. There is no record of the nature of the business conducted by this
privately owned corporation, which is domiciled in Bermuda. For two separate fees, one acknowledged
and the other, larger one delivered quietly to an offshore account, Troy-Hogan will do its magic. “When
our clients need help,” says Barry Rinehart, Troy-Hogan’s main power player, who radiates the same
expensive sartorial confidence that Trudeau does, “we target a Supreme Court justice who is not
particularly friendly, and we take him or her out of the picture.”
This multipart process involves choosing a victim and creating rival candidates from scratch. Soon the
stealth saboteurs have trained their sights on a justice named Sheila McCarthy. She is not a liberal
ideologue, but she can be made to sound like one (“a feminist who’s soft on crime”).
She’s not an operator or a politician. She is unprepared for a campaign fight. And the only special
interest group that ever supported her is suddenly a liability. (Anti-McCarthy mailings will trumpet the
question “Why Are the Trial Lawyers Financing Sheila McCarthy?”) As Mr. Grisham points out in one
of his book’s many moments of indignation, there’s no need for the architects of a smear campaign to
answer such a question. All they have to do is keep on asking it.
Meanwhile the covert operators create their own man: Ron Fisk, a political newcomer. “They picked
Fisk because he was just old enough to cross their low threshold of legal experience, but still young
enough to have ambitions,” the book explains. Fisk is also new enough to be wowed by perks like
private jets, which allow him to make so many more campaign stops than his rivals can, and by all the
new attention lavished on him by his backers. He barely has time to wonder why they find him so
appealing or where all those campaign funds are coming from.
Are the judges in your area appointed or elected? If elected, are you sure that special interests are not
manipulating your choices?
Those are the questions that John Grisham seeks to answer in his most recent novel, The Appeal. With
this book, released in February, Grisham returns to what he does best--courtroom drama--after a brief
departure into non-fiction (The Innocent Man) and popular fiction (Playing for Pizza).
"CancerCounty"
The Appeal tells the story of Cary County, a fictional town located just outside of Hattiesburg,
Mississippi. For years, Krane Chemical was the town's main employer...that is, until Cary County
residents started developing cancer at a rate four times the national average. Eventually, the county's
drinking water started to smell and became so contaminated that the residents had to use bottled water
for everything, even bathing.
The Appeal
As Ms. Baker and the Pattons wait for the appeal of the case's verdict, an appeal to the Mississippi
Supreme Court, they see circumstances spin out of their control as forces conspire to replace
sympathetic justices with pro-corporate ones. If these forces are successful, the Baker case and ones
like it will never stand a chance of being upheld.
A Conflict of Interest?
In The Appeal, Grisham shows his skill and insights as an attorney as well as a storyteller. The reader
experiences the final days of the three-year lawsuit and the circumstances leading up the verdict's
appeal. Although Krane Chemical and Cary County, Mississippi are fictional, there are real life
parallels. The question Grisham poses is also a relevant one. Supreme Court justices are elected in a
majority of US states and private money is allowed in all of those elections. Is it possible to obtain
objective jurists with such a system?