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THE LAWYER AS AMATEUR SLEUTH
William G. Tapply
 
        

         As much as people claim to despise attorneys, their fascination with lawyers and legal proceedings is apparently boundless.  Contests between prosecuting attorneys and criminal defense lawyers -- both actual and fictional -- provide constant entertainment on television and in movies and books.  Lawyers are both heroes and villains.  In many cases (look no further than the O.J. Simpson trial), they threaten to overshadow the criminals themselves.  Sometimes, lawyers are the criminals.
         It’s no wonder, then, that crime fiction abounds with lawyers.  Criminal lawyers, both prosecutors and defenders, make tried-and-true protagonists, both for series by writers such as Earl Stanley Gardner and for the stand-alone legal thrillers of best-selling authors like Scott Turow and John Grisham. 
         So I made a shrewd choice when I invented my lawyer-sleuth Brady Coyne, right?  He’s a character designed for the long haul, a lawyer who has found himself in a position to investigate enough different crimes to keep me writing about him for nearly twenty years.  At last count, I have managed to squeeze eightteen novels out of him.
         Well, wrong, actually.  I wasn’t shrewd at all.  I didn’t create Brady with anything more in mind than getting me through one novel.
         Maybe I had some good instincts.  But mainly, I was lucky.
         Perhaps if I’d taken myself more seriously as a writer when I was trying to put together my first book, I would’ve made different decisions and Brady would have turned out to be a very different (and possibly less interesting) character.  I know plenty of mystery writers who say they thought long and hard about their protagonist before they ever started writing, and that they had a series in mind when they created him in their first book.  They were smarter than me.  They understood that the first book in any series is a template for all that might follow.  A series protagonist, once created, cannot be changed.  He can grow and evolve, of course, the way we all do.  But basic decisions about job, lifestyle, personal history, and character, once made, are forever.  Bad decisions in the first book make for a short-lived series.
         I wasn’t thinking about a series.  I just hoped my first novel would be published.  I didn’t honestly expect it, though.  Publishing a novel was a crazy fantasy for an anonymous middle-aged high-school history teacher.  If getting one novel published was too much to hope for, what would be the point of worrying about a series?
         I just wanted to write that one book.  I had a good idea for a story, I thought, but I made dozens of false starts.  Sometimes I wrote several chapters, sometimes an opening chapter, sometimes just a few lines, before it all came crashing to a halt.  For one reason or another, none of them seemed to work.  My problem was, I didn’t know whose story it should be.  I had a murder victim and I had a murderer.  I knew their story.  But I needed a protagonist, a sleuth, someone with a logical reason to investigate the crime.
         Early one summer morning -- July 15, 1981, to be precise, the day before my forty-first birthday -- I began still another version of my story’s beginning.  This time, for the first time, I found myself writing in the first person.  It sounded pretty good, and after writing a couple of pages, I paused and asked myself: “Who is this ‘I’ who’s narrating the story?”
         Well, let’s make him the lawyer.  There’s a lawyer in the story.
         Okay.
         I wrote a couple more pages of what seemed to be a prologue, and I discovered that this as yet unnamed narrator liked trout fishing and played golf.  No surprise.  I liked trout fishing, and I played golf.  He smoked cigarettes.  So did I.  Okay, so this guy was something like me.
         Except, of course, he was a lawyer.
         But what kind of lawyer?  Certainly not a criminal lawyer.  This guy couldn’t possibly appear in a courtroom.  I was not a lawyer, and I had no appetite for learning all the technicalities of criminal procedure.  This lawyer could never be another Perry Mason.
         A family lawyer, then.  A generalist.  A lawyer who did his business over the phone or across a conference table, the way my lawyer friends told me that ninety-percent of a lawyer’s business is actually conducted in the real world.
         So I wrote, “It had seemed at the time like a routine matter for her family’s attorney.  I could settle estates with my eyes closed.”
         I wrote the entire prologue before it occurred to me that I had to give this lawyer a name.  Well, a lawyer named Brady Coyne had made an appearance in an unpublished (and undoubtedly unpublishable) short story I’d written a couple of years earlier.  I couldn’t remember where the name had come from, but it seemed like a good enough name, so I went with it.  I could always change it later if something better occurred to me.
         Early in that story, what turned out to be the moment of truth -- not just for that novel, but for the seventeen others that have followed it so far -- arrived when Florence Gresham, Brady’s elderly client, asked him to look into the mysterious death of her son.
         Brady, who was an honest and candid man, replied:
         “It’s not really my line.  Perhaps a private investigator . . .”
         Florence could have answered, “You’re right.  I’ll call a private investigator.”  In fact, I remember considering the unassailable logic of that reply.  It was, I thought, what most people would say.
         I stopped typing.  It looked like another false start for my story.  Florence hires a private eye.  End of my lawyer-protagonist.  End of Brady Coyne.
         I came that close to writing a private-eye novel.  But something held me back.  It just seemed too pat, too easy.  I wanted an amateur sleuth, someone whose reasons for agreeing to pursue an investigation would be interesting and complicated and worth thinking about.  I couldn’t have articulated it at the time, but I wasn’t interested in a professional investigator whose primary motivation for solving a crime was simply that it was his job.
          I wanted a sleuth readers could identify with.  An amateur, like most of them.  
         So instead of having Florence agree to hire a private investigator, here’s what I wrote:
         “No!” she said with a vigorous shake of her head.  “No sleazy private eyes.  None of those trench coat-and-cigar types.  I want you, Brady Coyne.”
         “Oh, come on, Florence.  They’re not all like that.”
         “The Greshams,” she said, “do not hire private investigators.  They retain attorneys.”
         There it was.  That was my template.  Brady might be a professional lawyer, but he would be an amateur sleuth.  Later, when I created new adventures for him, I also created clients who were, like Florence Gresham, the type of people who would “retain attorneys” rather than hire “sleazy private eyes.”
         And so for this story -- which was the only story I was thinking about   -- Brady would be the type of lawyer who did as an amateur what private investigators did professionally.  He looked into things because his clients asked him to.
         By the time I wrote DEAD MEAT, Brady’s fifth “case,” I had a pretty clear understanding of who this lawyer-as-amateur sleuth was and why he kept getting hired to conduct investigations:
         “Vern Wheeler was typical of my clientele.  He was old, smart, eccentric, and rich.  I’ve found that most rich people tend to be old, smart, and eccentric.  I like them best when they’re all of those things.  In fact, I specialize in solving the legal problems of old, smart, eccentric, rich people.  They rarely come to me for specialized expertise or courtroom savoir faire.  When they do, I help them find it elsewhere than the office of Brady L. Coyne, Attorney-at-Law.  Mostly they come to me because I offer a surprisingly rare commodity: discretion.
         “I am discreet as hell.  I can’t help it.  I can’t take credit for it.  It’s my nature.  It’s how I was raised.  Or perhaps it’s in my cautious WASP genes.  I am always surprised how old, smart, eccentric, rich people want to pay me lots of money for this accident of my personality.”
         All of my novels are launched, in one way or another, by clients who value Brady’s discretion, not his legal expertise.  They tend to be rich and elderly, people with family secrets, public figures who don’t want their names in the newspapers.  People who are prime targets for blackmail, kidnapping, betrayal, theft, murder.  Potential victims.  People with problems.
         Brady’s clients are generally his friends as well.  If they’re not friends, Brady doesn’t work for them.  But since they’re his friends, he’s willing to do things that go beyond his legal expertise.
         All of this more or less occurred to me -- at least subconsciously -- when Florence Gresham told Brady that she wanted him, not some “sleazy private eye.”  At that moment, my character was really born. 
         Brady is a lone-wolf attorney, a one-man law firm.  He can do whatever he wants.  He can accept a case or reject it, take on a client or fire him.  He’s accountable to no one except Julie, his secretary, who provides periodic reality checks (and ongoing conflict) by hounding him to keep his appointments and increase his billable hours.
         In SCAR TISSUE, Brady observes that Julie “chose all the furnishings and appointments for our suite of offices and arranged them to create the illusion that I am a smart, powerful, wealthy, and in-demand Boston attorney. . . .
         “The fact is, I am smart enough, and I have no interest in accruing any more power or wealth than I already have.  I have as many clients as I want, which is considerably fewer than I could handle if I really wanted to work hard.  The demand for my services is greater than my supply of enthusiasm for performing them.  I’ll trade billable hours for a day of trout fishing any time.”
         Brady can do estates, wills and divorces “with my eyes closed.”   When he was in law school (he went to Yale), he aspired to argue important constitutional issues before the Supreme Court, and, frankly, he finds most of this routine family-law business unchallenging and boring.  He continues doing it because it pays well and gives him the leisure to go fishing when he wants to.
         He jumps at any interesting case that promises a break from the routine.
         Brady is no hard-bitten gumshoe.  He’s as likely to walk the tree-lined streets of the Boston suburbs, or the dirt roads of rural Maine, or the cobblestone sidewalks of Beacon Hill, as the mean streets.  He has no particular training or talent for detecting -- just intelligence, a modicum of courage, commitment to his friends, passion for justice, respect for the law, diligence, honesty, fallibility, a sense of humor . . . and discretion.  He has neither the cynical world view of some private eyes nor the excessive honor of others.
         He is, in other words, like you, gentle reader, and he’s very much like me.  I’d rather have you identify with him than admire him.  He’s not bigger than life.  He’s just about life-sized.        
         As I kept writing that first novel, new questions kept popping up.  I answered them one at a time, as needed.  It was a random, arbitrary, often whimsical process.  I had fun doing it.
         Was Brady married?  Well, no.  It would be more interesting, I thought, not to tie him down to a single relationship.   It would be fun for me to imagine and write about his encounters with women.  Maybe even a discreet sex scene here and there . . .
         As it worked out in this first story, a relationship with a woman became central to the plot, and Brady’s woman troubles have continued to be fun for plots and sub-plots ever since.
         But, I decided, he had been married.  He was divorced, and he had a complicated ongoing relationship with his ex wife.  I gave him two half-grown sons (who have aged eight or nine years in the twenty years since that first book).  Joey has been a sophomore at Stanford for several years now.  Billy, a college drop-out, is an Idaho fishing guide in the summer and a ski instructor in the winter.  Brady doesn’t see much of his boys.  He misses them.
         A few chapters into the story, it was time for Brady to go home.  So where did this divorced Boston lawyer with an office in Copley Square live?  I knew his home would reveal a good deal about his character.
         This is what came out of my fingers when I sent Brady home:
         “The Harborside apartment complex rises against the waterfront near the old Commercial Wharf, right off Atlantic Avenue.  I live in apartment 6E.  Two bedrooms, a living-dining combination, and a closet they call a kitchenette, all for $980 a month.  At one end of the living-dining room are floor-to-ceiling sliding glass doors which open onto a balcony with a rusted wrought-iron railing.  There’s room for two vinyl-covered aluminum folding chairs and a hibachi.  I sit on one of the chairs when I want to drink Jack Daniel’s and watch the sailboats drift on the harbor and think solitary thoughts, which I do almost every evening.  I use the hibachi on those rare occasions when I have invited a guest to sample my cuisine.  I’m damn good at charcoal cooking, though I find it hardly worth the effort when I’m alone.  Usually I feed myself a frozen pizza or a can of Dinty Moore beef stew.
         “I use one of my two bedrooms for sleeping.  My double bed is one of the few pieces of furniture I own.  I need an extra-firm, orthopedic mattress to keep my vertebrae flexing properly.  The rest of the stuff I rent from a guy named Burke who, I think, gives kickbacks to the realtor.
         “The other bedroom contains most of my worldly possessions: cartons of books I probably will never get around to unpacking, a broken vacuum cleaner, a pair of large speakers -- Gloria kept the stereo; I got the speakers -- a tool box, a table saw, a ten-speed bike with flat tires, an ironing board.  Artifacts, mostly, of my other life.
         “The things I really care about I store in the living room where I can keep in touch with them.  That’s where I have set up my fly-tying table and cabinets of bucktail, wood duck breasts, hackle necks, tinsel, yarn, thread and hooks.  I keep my felt-soled waders there, too, and my rack of split-bamboo rods, and the shelf for my reels.  And in the corner, where I can pull out the five iron or the putter, stands my bag of MacGregor M.T. Tourneys.”
         His rent has probably skyrocketed since 1981.  Otherwise, Brady has stayed right there in Apartment 6E. 
         Show don’t tell -- the fiction-writer’s most important motto.  This passage describing the place and its location and the catalog of objects found in it identified Brady.  It showed what he valued and how he lived, and it revealed a good deal about his personal history which, up to that point, I had not considered.  Writing this passage helped me to fix Brady in my mind.  It made him specific.  It revealed him to be a rootless, solitary, even lonely man, a man in transition.  Anything could happen to a man who lived this way.
         I especially liked the Dinty Moore touch.  Boston, I thought, already had enough fictional gourmet sleuths.  A good breakfast for Brady was the leftovers from take-out Chinese, all the half-filled cartons dumped into a big cast-iron skillet and stirred together on the stove.  He drank Schlitz beer, and  his idea of home-cooked Hungarian goulash was opening a can and adding his own paprika.  When he had company, he could always grill burgers on his balcony.
         Although I didn’t allow myself to take it seriously, I was thinking, at least subconsciously, of creating a protagonist for the long haul.
         A man’s leisure pursuits reveal a lot about him.  Brady was a passionate fly fisherman -- mainly because I was a passionate fly fisherman, and I knew I could write knowledgeably about it without doing any research.  But I also recognized that fly fishing is a solitary, contemplative pursuit, and when it’s done passionately, it requires the same kinds of intense problem-solving and scrupulous attention to detail that investigating murders requires.  And so, as the series evolved, fly fishing became a kind of on-going metaphor.
         I put Brady’s apartment on the waterfront -- one of those random, whimsical decisions when I first wrote it, but one that revealed itself as significant.  Brady, the fisherman, has a strong affinity for water.  Water, in fact, plays an important role in many of his cases.  George Gresham, the victim in that first novel, died when he plunged -- jumped? got pushed? -- off a cliff into the ocean.  Numerous other murder victims in my stories are found in water -- ponds, rivers, oceans, even swimming pools -- apparently drowned.  More often than not, there is another, more insidious, cause of death.
         Brady himself encounters danger in water several times.  In FOLLOW THE SHARKS he is swept off his feet by the powerful currents of the Deerfield River.  In THE VULGAR BOATMAN he is thrown off a fishing boat into the ocean at night and must swim several miles to shore.  In CUTTER’S RUN he becomes seriously ill when he wades in a stream that is contaminated with deadly chemicals.
         The seeds for all of these events were planted in my very first novel.
         In fact, the seeds for the seventeen novels that have followed that first one (which we ended up calling DEATH AT CHARITY’S POINT) were all sown that July morning in 1981 when I began writing in the first person and invented Brady Coyne.
         Oh, Brady has evolved in the twenty years since I created him.  He’s aged a few years (not many).  He’s stopped playing golf (I’m not sure when that happened), and his passion for fly fishing, like mine, has intensified.  He’s had several relationships with women -- including Gloria, his ex wife.  I certainly didn’t see that one coming, and it was fun resolving it.                              Relationships continue to trouble him.  He admits he doesn’t understand women.  He’s tried -- and failed -- to quit smoking.  He’s switched his favorite brand of bourbon and bought a couple of new cars.  He’s killed two men with the Smith & Wesson .38 that he kept in his office safe in that first story.  He’s pursued cases on behalf of bankers and politicians and athletes, judges and Vietnam veterans and fellow lawyers, college professors and television personalities and ministers.  They are all both his clients and his friends, and most of them are old, eccentric, smart and rich.  Every one of them, in one way or another, repeats the words that Florence Gresham spoke:  “No sleazy private eyes.  I want you, Brady Coyne.”
         I wish I could say that I knew what I was doing twenty years ago when I put those words in Florence’s mouth.
         But I guess it worked out okay.

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