Legal Artistry

by Andrew Grey

  "We're not planning to file suit in Austria. We're going to sue in the United States,” Gerald said, but before he could explain, Linda jumped on him again.

  "What grounds? Wishful thinking?” It sounded really bitchy, but Gerald kept his cool, knowing she was doing her job for the firm. It wasn't personal.

  "The Belvedere Museum is owned and operated by the Austrian government. So in order to bring suit, we need to sue the Austrian government, and we can do that in the United States because of this.” Gerald pulled out the copy of the poster he'd purchased on Sunday at the Milwaukee Art Museum store and unrolled it onto the table. “The Belvedere, and by extension, the Austrian government, made money selling this poster of the painting in question here in the United States. Since they made money here, we can sue them here."

  "But you can only sue up to the amount they made in the United States,” Linda said, her voice a little less sure than it had been.

  "Actually, no. In this case, since they made money directly off the property in question, then we can sue for the property itself. There are other works of art involved, but The Woman in Blue is the primary property involved. Furthermore"—Gerald was just getting started, and everyone in the room was totally enthralled—"the US government has shown a willingness to enforce these judgments. Four years ago, the US Customs Service impounded four paintings that were part of an exhibition in New York so they couldn't leave the country when the true owners brought suit claiming the works were looted Nazi art and belonged to them. I understand this could be precedent-setting, but it's also justice. These paintings were looted from our client's family not once, but twice: first by the Nazis and then by the Austrian government.” Gerald stopped, figuring he'd said enough, and the other attorneys looked a little shocked.

  "Is there anything else?” Harold asked, looking around the room. “If not, we're adjourned. Gerald, I'd like to speak to you in my office.” Harold got up and walked out of the conference room. Gerald followed the others out of the conference room.

  After Brian went on his way to Harold's office, one of the partners put his hand on Gerald's shoulder. “You did great. That's an amazing legal strategy, and it might just work."

  "Thanks,” Gerald said, smiling as he continued toward Harold's office, knocking lightly before entering.

  "Sit down and close the door,” Harold told him, and Gerald wondered what he'd done wrong. “That was an interesting presentation in the meeting and very effective. The question is, can you pull that off in federal court, because that's what you'll need to do."

  "Yes,” Gerald answered with confidence and excitement. “This case could be precedent-setting."

  "Yes, and it could give our firm a national reputation. The thing is that I think this case needs to be handled by one of the partners now,” Harold said, and Gerald felt as though all the wind had been let out of his sails.

  "I thought you'd be pleased, and instead you're taking this case away from me.” Gerald battled to hold his emotions in check. Every fiber in his being wanted to lash out, but he managed to keep his cool. “Besides, there may not be a case. Dieter isn't sure he can afford to go forward with this. He knows it's going to be expensive, and he doesn't have that kind of money. He most certainly doesn't have the money to be able to afford one of the partner's hourly rates. I was going to speak to you about that this morning. There is a huge potential payoff in publicity alone if we can win this case. The paintings are worth tens of millions, possibly hundreds of millions, and are sure to be newsworthy. Even if we lose, people will be flooding us with business. And if we win, while I doubt Dieter would be willing to actually sell the paintings, there are many possibilities that could be explored where they would generate income to pay our fees."

  Harold leaned back in his chair. “What are you proposing?"

  "Can I speak freely?"

  Harold smiled at him. “You'd better."

  Gerald swallowed and thought carefully before speaking. “I like Dieter, a lot. He's someone I could possibly care for a great deal.” Gerald met Harold's eyes to make sure he understood what Gerald was saying. “And I think he likes me."

  "So you're saying the client is probably going to want you to handle the case,” Harold clarified.

  "Yes. But if I thought I couldn't handle this, I would step back because that would be right for Dieter. I told him I was going to be talking to you because of the money issue to see what your ideas were. But I know I'm the attorney to handle this case. It's going to take someone who can think differently, and I've demonstrated already that I can do that.” He wanted this case for so many reasons he could taste it, but mostly he wanted it for Dieter. Yes, if he won, it would make his career, but winning in this case was getting Dieter's family legacy returned to him.

  Harold sat back without moving or talking, and Gerald nearly held his breath. He probably could have pushed to let Dieter decide, but that would have alienated Harold. Yes, he was taking a gamble, but he also knew how to read people. He just hoped he was right this time.

  [Back to Table of Contents]

  Chapter Five

  Dieter looked at himself in the mirror, checking to make sure he looked okay, keeping the butterflies in his stomach at bay. Harold Prince himself had called yesterday to invite him to dinner at his home. He'd said he had some things he wanted to discuss with him and he thought dinner would be a better venue than the office. Dieter wondered what it could be and had thought of calling Gerald, but wasn't sure if that was proper since Mr. Prince had called him directly. Mr. Prince had specified that the dress was casual, but somehow Dieter figured that didn't mean jeans, so he was taking the time to make sure he looked properly casual, but not too casual. Giving up, he made sure his hair wasn't too unruly before heading downstairs. Carefully picking up the flowers he'd gotten to bring along, Dieter left the house, locking the door behind him.

  The drive to the northern suburbs took a little time since Dieter stayed off the freeway, taking city streets out of Milwaukee and into Shorewood. Following the directions he'd been given, he pulled into the driveway, checking the numbers on the house before getting out of the car. The house was very nearly what he'd been expecting, imposing stone exterior, maybe not as large as he would have thought, but classic and elegant.

  Mr. Prince opened the door to Dieter's knock. “Come in,” he said warmly, ushering Dieter inside and closing the door as a stunningly elegant woman entered the hall. “Dieter, I'd like you to meet my wife, Christine."

  "It's a pleasure to meet you,” Dieter said rather formally as he handed her the flowers.

  "Thank you,” she replied with a smile, sniffing the colorful blooms. “I'll put these in water. Harold, we're in the summer room this evening."

  Mr. Prince led him through the house, past beautifully decorated rooms that looked as though they were rarely used. “Would you like anything to drink?” Mr. Prince asked as they arrived in an outdoor-type room with stone floors, floral-print furniture, and large plants and greenery. It felt like an extension of the garden, though indoors, the breeze through the open windows cooling the room perfectly.

  "Iced tea would be very nice. Thank you, Mr. Prince,” Dieter answered as he took the seat he was offered.

  "Please call me Harold,” he said as he handed Dieter a tall glass with ice clinking. Dieter heard the Westminster chime doorbell and then heard footsteps. Realizing there were to be other guests, he stood up, waiting. Gerald entered the room, shaking hands with Harold before smiling at Dieter, shaking his hand as well. Dieter smiled and some of the butterflies he'd been feeling floated away.

  "Are you going to talk business for a while?” Christine asked from the doorway. “Dinner will be ready in an hour, so get the business out of the way,” she added with a smile before disappearing into the house, leaving the three of them alone. Dieter sat back down on a comfortable wicker sofa, and after Harold got drinks for Gerald and himself, Gerald joined him with a quick look and a smile while Harold sat across from them in
a matching chair.

  Harold sipped from his martini before beginning. “Part of the reason I asked both of you here tonight is to talk business. Dieter, your case has caused quite a stir in the office. Every attorney in the firm, including the partners, would like to be the attorney on your case."

  "Gerald is my attorney,” Dieter said softly as he looked at Gerald, wanting to touch him for his own reassurance, but he refrained. He didn't want anyone else. “Gerald understands what this case means to me and why I'm thinking of pursuing it. He also understands my limitations and why I may have to decide to let it go for now.” Dieter took a sip of his tea to tamp down his nerves and give his hand something to do. “I trust him,” he added once he'd swallowed. Harold sat quietly, and Dieter glanced at Gerald briefly, but he looked relaxed, so Dieter returned his gaze to Harold. “What's going on?” he asked both of them, wanting to move closer to Gerald.

  "As I said, it seems your case has caused quite a stir, and I'll be honest with you, when I asked Gerald to look into it, I never realized it would be this complex or this potentially important. My first thought was to transition this case to a more senior attorney."

  "As the client, don't I get to choose my attorney?” Dieter asked, and he saw Gerald smile slightly in his peripheral vision.

  "Yes, you do,” Harold answered, “but when you hire my firm, you hire our entire firm along with our combined expertise and reputation. As I said, at first I thought to transition this case to another attorney, but Gerald has convinced me that, with the proper support, he can handle this case as lead attorney, and he's promised me that if the case became too much or if he thought he couldn't do a better job than anyone else, he'd step back. I don't believe that will happen. It's obvious that Gerald has your best interests at heart,” Harold said. “I need to caution both of you about some things. First, it's obvious that you have feelings for each other. I'd have known even if Gerald hadn't told me. I do have concerns about that, so all I'm going to say is that I trust all my attorneys to conduct themselves in a professional manner at all times.” Harold seemed to be addressing his remarks to Gerald, who nodded solemnly. “I also have a concern that involves both of you. If this case progresses to court, and it might, I want to caution both of you. If I can pick up on the feelings you have for each other, so can any opposing attorney, and they'll use it against you and the case if given the chance. Do both of you understand that?"

  Dieter nodded unconsciously. “I hadn't realized,” he said softly.

  "There's nothing to be ashamed of, son,” Harold said. “It could be a problem if the opposition was able to use it. So be careful about what you let others see.” Harold's expression changed to what Dieter had always imagined a father would look like. “We're attorneys, we like to win, and so does the other side, so we don't want to give them ammunition.” Harold drained his glass, setting it on the table next to his chair. “Gerald and I have talked over the issue of our fee, and I believe we've come up with something that might work. Gerald, would you care to explain?"

  Dieter shifted and saw Gerald smile at him. “Harold and I agreed that a positive outcome in this case is good for both you and the firm. So, he and the partners have agreed to take a bit of a chance. You will pay what you are able to for the hours incurred. Because of our relationship, you and Harold will work out the details. If we win or settle the case, then we are entitled to a percentage. Harold can explain that further when you discuss the fee agreement,” Gerald told him, and Dieter could see him suppressing a smile. “Basically, it shares the risk and the reward."

  "But you'll be my attorney?” Dieter asked for clarification.

  "Yes,” Gerald answered with a huge smile, “I'll be your attorney. We've developed a strategy and a plan to develop our case, and it looks like I'll be going to Vienna to do some research in the Belvedere archives."

  "When are you leaving?” Dieter asked, disappointed that Gerald was going to be gone.

  "We have to decide that,” Harold answered.

  "We're trying to find someone who can act as a research assistant who speaks German—no one in our office does—but the sooner the better.” Gerald added. “The Austrians recently announced that they were opening the archives at a number of institutions to qualified researchers, and my graduate degree in international business qualifies me, so I don't have to let them know I'm a lawyer, but they could change their rules at any time."

  "I speak and read German as well as Austrian German. There are slight differences. Gram taught me when I was a kid. I also took advanced classes in college and studied for a year in a special program from visiting German professors. I was originally going to be a German teacher, but the thought of being in a classroom with thirty high-school kids gave me hives, so I changed majors and discovered an aptitude for computers. I'm not a lawyer, but I'm sure I can read most documents we find.” The thought of going to Vienna had Dieter excited. Maybe he could find the house Gram had grown up in. “How long would it take?"

  "If the archives are catalogued, it could take a few days. If they're not, longer,” Gerald explained.

  Dieter scoffed. “Catalogued. They probably have them catalogued and cross-referenced eight ways from Sunday. They're Austrian, after all, and the Belvedere is an old museum that has kept records for decades. If you want me to go, I'll need to take time off from work, but at least it's a way I can contribute to the case."

  "It is unusual, but not unheard of,” Harold commented. “We'll call tomorrow to arrange a schedule and a time you can come in so we can review the financial details."

  Christine stepped into the room, indicating that dinner was ready. “That's enough business talk, gentlemen. I want to remind you, Harold, that part of the reason you invited Dieter here this evening was so you could tell him about his father.” She smiled brightly at Dieter as Harold got up, and together they led them to dinner.

  The table was beautifully set, with the flowers Dieter had brought in a crystal vase in the middle of the table. Dieter sat where Harold indicated, with Gerald directly across from him. “Please help yourselves,” Christine said, and Harold began passing dishes around the table.

  "Your father and I were quite a pair,” Harold began almost as soon as the serving dishes settled back on the table. “He and I went to a private high school, and we used to love to trick the newbies. Along one edge of the campus was a retaining wall, and in the fall, leaves always collected at the base of the wall. It was my job to befriend the new kid and show him around campus. Somehow,” Harold said, chuckling knowingly, “we always ended up sitting on the edge of the wall talking with our feet dangling over the edge. Your father used to hide in the pile of leaves at the base of the wall, and at the prearranged signal, he'd reach up and grab the newbie's leg.” Harold began to laugh and Dieter laughed along. “They'd nearly jump out of their skins, and after they got over it, they'd beg us to let them scare the next kid. Last I heard at an alumni board meeting, they were still doing it."

  "Did you know my mother too?” Dieter asked after he swallowed. “I have few memories of either of them. Most of what I know came from Gram or Auntie Kate."

  "Not very well, but I was at your parents’ wedding. Your dad and I remained in touch almost until he died. You look a lot like him, but you seem very different. He was loud and boisterous, where you seem much quieter. I think you got that from your mother.” Harold began to eat.

  "Was my dad a good student?"

  "Your father was the class clown. He was smart, but he also liked to be the center of attention. The things he did almost got us both expelled more than once. Like the time he put shaving cream on all the toilet seats in the faculty restrooms,” Harold explained through chuckles that rippled through everyone else as the image hit home. “Or the time he decided to use a chemical fire extinguisher as propellant for a desk-chair rocket for our science-fair project. It took us two days to clean up the mess.” Dieter began to laugh, pleased to know something more about his father.

 
; "I met your father just once,” Christine said with a smile. “He took my hand and bent forward. ‘It's a pleasure for you to meet me,’ he said before bringing my hand to his lips, turning it at the last minute to kiss his own hand."

  "Do you know if my parents liked to dance?” Dieter asked once the smiles faded.

  Harold looked puzzled for a few seconds. “I don't know about your mother, but your father had two left feet."

  "Dieter's a wonderful dancer,” Gerald explained with a slight wink.

  "Harold used to take me dancing when we first met,” Christine commented. “We haven't been in years. It's one of the reasons I love weddings, because we get to dance.” Harold said nothing in response, but Dieter could almost see Harold's mind working, and Dieter had little doubt that Christine was going to be taken dancing soon.

  The stories about Dieter's father continued through dinner and into dessert. Dieter took in all of them he could, committing them to memory as though they were precious jewels. By the time they were done eating, Dieter had formed a picture of the father he never really knew, one of a man who loved fun, was fiercely loyal, and a practical joker above all else. By the time they left the table and returned to the summer room, Dieter wished that he'd been able to meet his father, because he thought he'd probably have liked him. Relaxing in the cooler evening air, the four of them talked for a while after dinner.

  At the end of the evening, Dieter said good-bye to his host and hostess, thanking them for a lovely evening, and waited for Gerald to do the same before they left the beautiful home together.

  "Were you serious about helping with the research?” Gerald asked once they were outside.