May It Please the Court!
From Auto Accidents to Agent Orange:
Building a Storefront Law Practice into
America's Largest Suburban Law Firm
Leonard Rivkin
with Jeffrey Silberfeld
Carolina Academic Press
Durham, North Carolina
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The First Dow Case
I was sitting in my office just back from court late on a Tuesday afternoon in March of 1972
when the telephone rang. I picked it up. The caller identified himself as Don Koehlinger attorney
employed by The Dow Chemical Company in its drug division in Zionsville, Indiana, outside of
Indianapolis. After some initial pleasantries, Mr. Koehlinger informed me that Dow was a defendant
in a serious drug case which had been pending for nearly four years in federal court in Brooklyn.
"We're very unhappy with the way our attorney is handling the case," Mr. Koehlinger
continued. "Would you be interested in meeting with us to discuss the possibility of taking over our
defense?"
At the time, my caseload consisted of automobile accident cases, other types of general
liability matters, medical malpractice cases, and a smattering of products liability suits. My clients
were individuals who drove cars, owned homes, or practiced medicine. I represented a few local
businesses, but nothing even remotely close to Dow Chemical in terms of size and stature.
"I certainly would," I replied quickly and was about to add that I'd be on the next plane to
Indianapolis when Mr. Koehlinger cut me off
"We'd like to meet with you at your office in New York. Are you free this Friday?"
I didn't even bother to check my calendar. "I think I can squeeze you in," I said.
"Great. We're looking forward to it."
I hung up the phone and sat back in my chair. I could hardly believe what had just taken
place. Dow Chemical had called, looking for a lawyer for a "serious" drug case. Why me? Where
on earth did Dow get my name?
I found out on Friday, when Koehlinger came to my office with another man named Don
Frayer. At the time, Frayer worked for Fireman's Fund in Detroit. Fireman's Fund was Dow's
general liability insurer. When Koehlinger decided to replace Dow's attorney in the Brooklyn case,
he called Frayer for a recommendation. Frayer, who didn't know me from Adam, found my name
on a list of approved attorneys generated by Fireman's Fund's New York office. He called that
office, someone must have said some nice things about me, so he gave my name to Koehlinger, who
also didn't know me from Adam but called me anyway, and the next thing the three of us knew they
were in Freeport giving me the once over while I tried my best to act as if a visit from a Fortune 500
company was an every day occurrence.
Koehlinger and Frayer spent the entire afternoon with me, and then I drove them back to the
airport. I fretted all weekend wondering if I had made a good impression. I considered calling one
of them on Monday, just to follow up, but never got the chance. Koehlinger called me at about 10
a.m.
"We'd like you to be our attorney," he said.
"My pleasure."
* * *
This case was the first of many Dow cases that I worked on with Don Frayer. When I first
met Don, he was employed by Fireman's Fund in Detroit as head of the company's Large Risk Unit.
Basically, his job was to investigate and supervise the handling of all liability claims against Dow
Chemical, one of Fireman's Fund's largest accounts. As a result, he spent about 25 percent of his
time at Dow's home office in Midland, where he developed a first name relationship with everyone
he met, from the Chairman of the Board on down. He did his job on Dow's behalf so well that in
1975 the company created a new position and hired Don to fill it. His new job was to develop
systems and procedures for allowing Dow to go self insured. But he also continued to investigate
and supervise liability claims, most notably the Staten Island natural gas tank explosion and Agent
Orange.
Don made invaluable contributions every time we worked together on a case. He had a
photographic memory for everything from chemical formulae to earned run averages, a meticulous
eye for detail, and an uncanny ability to analyze and solve the most vexing problems.
This was my very first Dow case, and I wanted to make a good impression. With Don Frayer
as my guide, I couldn't have been in better hands.
* * *
to chapter 7....
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