Legal Artistry

by Andrew Grey

  "The plaintiffs have not provided all the facts as to the ownership of the paintings in question,” Angus said, stepping forward to hand the judge a piece of paper. “Anna Meinauer stated very clearly that she wished her portrait and the four Pirktl landscapes to go to the Belvedere upon her death. Regardless of how they got there, that is where they have resided and where they belong, according to her wishes.” Angus looked smug as he took his place at his table once again. “I included a copy of the original document in the archives of the Belvedere along with a certified translation."

  "Mr. Young,” Judge Ellis said, looking at Gerald, “this statement of intent seems to discredit your entire case. Do you wish to challenge the translation?"

  "No, Your Honor. However, I would like to present you with the rest of the document. It seems the defendants have only presented part of the facts, the way they did during the investigation requested by Gertrude Meinauer Wolfe.” Gerald handed the judge a piece of paper. “This is the certified copy of the rest of the letter. What the defendants are saying is a will is actually a personal letter to her husband asking him to donate the paintings to the Belvedere. She did that because the paintings weren't hers. Her portrait was a birthday gift to her husband, as stated in that letter, and the four Pirktl landscapes were in fact the property of Joseph Meinauer at the time they were confiscated. Her actual will left everything to her husband.” Gerald stepped forward, handing the judge another set of papers containing the will. “Courtesy of Interpol. I just received the copies this morning. Of course I'll make copies available to the defendant's counsel, but I believe they already know of their existence.” Gerald looked pleased, but Dieter saw he stopped short of smug.

  Angus was trying to keep his face schooled, but Dieter could see the color rising in his face, and to make matters worse, Angus denied nothing. “Is there anything else you'd like to enter into evidence, Mr. Young?” Judge Ellis asked Angus.

  "Only the question of national sovereignty."

  "Mr. Young?” The judge turned to Gerald.

  "Not at this time."

  "Very good. Then we'll break for lunch.” Judge Ellis banged his gavel and stood up. The few people in the room stood as well, and the judge exited. As soon as he left, Gerald walked back to where Dieter was sitting.

  "Pretty exciting, isn't it?"

  Brian joined them on his way out. “We should get lunch and talk about strategy for this afternoon. Come on, I'll buy both of you lunch, and since we're going to talk business, we won't be eating here, so we need to move.” Brian led them out of the building and down the street to a small restaurant, where they got a table in the back. Their server brought them water as they looked at the menus and placed their orders.

  "That was a risky move,” Brian said once the server was gone. “Presenting the document from Interpol and saying that the defendants already knew about it. What if Angus would have called you on it? He could have asked for a delay, and you know he's looking for a reason to request one."

  "But the defendants did know about it. Interpol included an affidavit that they found the document in the archives of the Belvedere. It was the defendant's own document. They couldn't deny existence of it, and Angus knew it."

  "But couldn't they take the fifth?” Dieter asked.

  "Not really. This isn't a criminal trial,” Brian explained, and Dieter sat back, half listening as Gerald and Brian talked shop. Most of the things they said went over his head, but it seemed to mean a great deal to both Gerald and Brian. By the time their food arrived, the conversation turned to more normal topics, and they had a very pleasant lunch before rushing back to the courthouse.

  Outside the courtroom, Dieter stopped and watched as Brian and Gerald went inside. He wasn't quite ready to go inside yet. Walking down the hallway, Dieter peered into a few open courtrooms that appeared to be empty. “Can I help you?” an older man asked from behind him.

  "I'm sorry. I'm just too nervous to go back inside right now.” Dieter indicated the courtroom down the hall. “I'm probably being stupid. It isn't as though it's life and death, but it's important.” Dieter wondered why he was rambling to a perfect stranger and looked back at the still open door to the court. “I'm sorry to have disturbed you,” Dieter added.

  "You weren't."

  Dieter smiled and turned back toward the door, walking inside as the clerk was getting ready to close the doors. Sitting near the back, Dieter saw Brian sitting alone at the table with one of Angus's clerks sitting at the other table. Brian turned around and motioned for him to come forward. “The judge asked to speak to both of the attorneys in his chambers,” Brian told him, and Dieter nodded, sitting back down to wait.

  "Is that normal?"

  "Every case is different,” Brian told him before turning around again.

  Dieter watched the doors at the front of the room, wondering what was happening, his nerves ramping up by the second. He used to think seeing how a court worked would be fascinating, but in truth it was nerve-wracking, and Dieter wasn't sure he wanted to come back tomorrow, but he knew he'd wonder what was happening all day if he didn't. Leaning forward, Dieter whispered to Brian, “Gerald isn't in trouble, is he?"

  Brian turned around and for a second, Dieter tried to decipher the amazed and confused look on his face, but gave up. “I doubt it. The judge seemed miffed with Angus for some reason. We'll just have to wait and see what happens. That is very normal,” Brian told him with a quirky smile and Dieter settled back to wait.

  Finally, the door opened, and Angus entered the courtroom, followed by Gerald. Dieter couldn't read anything on either of their faces. Both attorneys went to their tables, and Gerald whispered something to Brian very quickly, and then turned to peek at him, smiling slightly, and Dieter smiled back. The judge entered and everyone stood. Once he was seated, everyone sat except Gerald, who laid out his arguments for being allowed to bring suit for the return of the Pirktl paintings here in the United States.

  Then Angus began his summation. “Austria is a sovereign nation and is therefore not bound by US law, but by international law and treaty,” Angus began when his turn came. “To sue another country here in the US would be precedent-setting and could change treaties and affect international relations for years to come.” Angus went on to explain cases and other legal precedent that Dieter didn't really comprehend, but what he did understand was that Angus was making a very good case. All he'd wanted was to get his family paintings back. Dieter hadn't wanted to affect the entire country.

  Gerald stood when his turn came. “Austria is bound by US law when they make money in this country based upon the property in question, and specifically property that has been proven in this courtroom does not belong to them, but to a citizen of the United States. That citizen should have recourse through the courts here in the United States.” Gerald sounded forceful and passionate, his voice breaking slightly at one point. Dieter looked around the room and saw that no one else seemed to have noticed it, but Dieter had. Gerald went on to cite precedent as well as recent governmental and court actions that bolstered his case.

  Judge Ellis asked questions of both attorneys, with one answering and the other providing a counterargument. At times, they seemed to be talking in circles, which Dieter found incredibly frustrating, and it only seemed to increase his nervousness. He kept expecting a knockout punch or some startling revelation, like on television, but that didn't happen. Instead, both attorneys stuck vigilantly to their positions, with neither giving any ground. It was exciting, exasperating, and eye-opening all at the same time. And Dieter wondered why anyone would want to be a lawyer. As the legal argument continued, Gerald and Angus argued over the meaning of simple phrases and terms.

  Thankfully, sometime in the afternoon, the judge called a recess. “This is a good time to break for the day. Court will reconvene tomorrow at nine o'clock.” The gavel banged, and even the judge seemed to breathe a sigh of relief. Gerald gathered his papers, and he and Brian stood up and left the court
room. Dieter looked at Angus as he watched his brother leave the room. Dieter expected to see the same hateful look he'd seen in the past, but he didn't. He wasn't sure what it was, but something had definitely changed.

  Trying not to look like he was watching Angus, Dieter looked away before getting up and following Gerald and Brian out into the hallway. “Do you have to go back to the office?” Dieter asked Gerald.

  "No,” Brian answered for him. “Go get some rest. You've been through a lot today, and you'll be better prepared for tomorrow by resting and getting a good night's sleep."

  Dieter moved closer to his boyfriend. Gerald looked exhausted, and Dieter wanted to take him home and take care of him. “Did you come with Brian?"

  "No. My car is next door in the garage,” Gerald answered as they began moving down the hallway. Dieter saw Angus exit the courtroom, and he appeared to be heading their way.

  "You did good today, little brother,” Angus said, and Dieter felt Gerald tense next to him. Gerald was clearly expecting more, maybe even an insult, but Angus walked on without saying any more. As a group, they walked toward the stairs. At the bottom, Dieter saw Angus talking to another man who he recognized as Gerald's father.

  They continued talking, and then Angus moved toward the exit, and Gerald's father walked in their direction. “Can I speak with you?” Gerald's father looked at his son, and Brian nodded and moved away. Dieter had no such plans and remained standing next to Gerald.

  "It's okay,” Gerald said softly.

  "No, it's not,” Dieter replied defiantly, moving slightly closer to his lover, and Gerald nodded slightly before turning to his father, who seemed to get the idea.

  "Dad, if this has anything to do with the case, I won't discuss it."

  "I wanted to talk to you about Angus. He's a pit bull of a lawyer. I send him in whenever I want to intimidate the other side, and I thought he could intimidate you. He didn't. You've built a good case and you've argued it incredibly well. Those are your brother's words, not mine, though I agree.” He looked at Dieter before his attention returned to Gerald. “I'm not here to influence you in any way. I just wanted to say that no matter how this case goes, I'm proud of you. If what I saw today was any indication, you're one hell of an attorney. And if the protective looks Dieter here keeps giving me are any indication, one hell of man, as well. I should have seen that before.” Other people walked by, and Gerald's father gave his son a small nod before joining the other people on their way out of the courthouse.

  Gerald didn't move at first, and Dieter saw the stunned look on his face. “That's the first time I can ever remember my father telling me that."

  "Then he's a fool,” Dieter retorted spitefully before walking, actually more like stomping, toward the exit. Gerald caught up to him, and they left the building together. “If he couldn't see who you were before now, then your father is a complete ass as well as one of the biggest morons on the planet,” Dieter mumbled loud enough that he knew Gerald could hear.

  "I know. He sees everything through the lens of an attorney, rather than a father. But it was still nice to hear,” Gerald added as they walked through the parking garage toward their cars. “I know what Brian said, but I have a few things I need to get done at the office. I'll meet you at home in an hour or so.” Dieter wondered if he'd hurt Gerald, but Gerald's kiss told him he hadn't.

  "Don't be long, or I'll come looking for you,” Dieter responded with a wink.

  "I promise,” Gerald told him softly, and Dieter hurried to his car and went home.

  Gerald arrived home less than an hour after he did. Dieter made dinner, and they went to bed early. He was still nervous, but less so now that he knew how things went. “You don't have to sit in court all day tomorrow,” Gerald told him once they were in bed together.

  Dieter curled close in the cool room, a hand lightly caressing Gerald's chest. “I know that, but I want to be there for you and for the case. I know it sounds kind of dumb and doesn't make a difference, but I also want the judge to see that I'm there and know that this is important. It isn't just two attorneys arguing over a point of law. It's something that affects someone's life, and he needs to see that."

  Gerald gave him one of his deep, sexy chuckles before tugging Dieter closer. “My main fear is that I'll forget something or state something wrong and blow the whole case."

  "You won't,” Dieter said. “You know this case better than anyone, and I can tell that you're passionate about it. Everyone can see that. It comes through in the way you talk. It's compelling. To Angus it's just a case, but to you it's more, and that comes through."

  "That's part of what I'm afraid of. What if my feelings cloud my judgment somehow?” Gerald was clearly worried, and Dieter could hear it in his voice.

  "Being passionate about something is never bad. Gram told me that once,” Dieter said, resting his head on Gerald's shoulder. “And I know your judgment is clear, so don't even think about it. You haven't steered me wrong yet, and you aren't about to start.” Dieter knew Gerald was exhausted and let their conversation lapse, and soon he heard Gerald's soft snores. Rolling onto his side, Dieter closed his eyes and felt Gerald roll over as well before spooning up behind him.

  In the morning, they both dressed for court, and Dieter rode to the courthouse with Gerald, walking up to the courtroom with him. They met Brian outside the courtroom and walked inside together. Dieter sat where he had the day before and waited for the hearing to continue.

  Judge Ellis entered, and the day's entertainment commenced, with Gerald and Angus picking up almost exactly where they'd left off. Angus tried another tack, and Gerald shot it down. Gerald put a new spin on his argument, and Angus redirected back to the original argument.

  "Gentlemen, I believe we've already thoroughly covered this ground again and again,” Judge Ellis broke in. “Is there anything new that either of you wish to add?"

  "No, Your Honor,” Angus answered, and Gerald echoed it.

  "Then we'll recess for fifteen minutes, and I'll hear final summations. Brevity is appreciated.” The gavel banged and Judge Ellis left the courtroom.

  Dieter breathed a sigh of relief. It appeared to him as though Angus had made no headway over the past few hours, while Gerald had been able to make some very clear points, but Dieter had no idea if it was enough or if they had any realistic chance.

  "Are you ready?” Dieter heard Brian ask Gerald softly.

  "Yes,” Gerald answered Brian, before looking at Dieter. “I think I know exactly what I'm going to say,” Gerald told both of them before looking at Brian. “Have you ever had a case where you've had your summation in your head for months?"

  "Yes,” Brian answered with a laugh, “but it always changed as the case went on. Why?"

  "Because mine hasn't,” Gerald said before standing up and walking to the water cooler to get a drink. Dieter looked at Angus, who was conferring confidently with his clerks.

  The low chatter continued until Judge Ellis was announced, and then everyone stood. “Mr. Young,” he said as he looked at Angus, who began his summation. “This case revolves around the simple issue of national sovereignty...."

  Dieter listened, but he'd already heard Angus explain the same thing in almost the same words a number of times over the last two days. Thankfully, like the judge asked, Angus was brief. When he'd concluded his remarks, he thanked the judge and sat down.

  "Mr. Young.” Judge Ellis turned to Gerald, who looked at Dieter briefly before facing the judge.

  "Your Honor, the national sovereignty argument is a legal red herring. The question before this court is simple: can a United States citizen be wronged by a foreign government doing business on United States soil, and have no legal recourse in the courts of the United States? The Austrian government, doing business under the guise of the Belvedere Museum, is doing just that to my client by withholding property that belongs to him and by profiting from the sale of books and posters in the United States. Furthermore, under these circumstances, Uni
ted States citizens should not be denied access to the fair and impartial United States judicial system. Thank you.” Gerald sat down quietly.

  "Thank you, gentlemen, you will both be notified when I have rendered my decision. This court is adjourned.” The gavel banged for the final time, and the judge left the court. To Dieter's surprise, Angus and Gerald shook hands before gathering their papers. Dieter joined Gerald and Brian as they exited the courtroom.

  "I need to go back to the office,” Gerald explained. “Harold asked me to tell him how it went, and he asked you to stop by as well if you could."

  "I'll see you there,” Brian said as he headed for the exit.

  "Are you okay?” Gerald asked.

  Dieter smiled at his lover. “I was going to ask you the same thing."

  Gerald shook his head and sighed. “We're quite a pair."

  "Yes, we are. Now let's go see what Harold wants and then maybe we can go home.” Dieter didn't really want to go back to Gerald's office, and he wasn't in much of a mood to talk to anyone. All he really wanted was to go home... and maybe up to bed with his lover.

  They rode the short distance to Gerald's office in near silence, but Dieter rested his hand on Gerald's leg the entire time. “I thought your summation was brilliant,” Dieter commented softly, as they turned into the parking garage at Gerald's office.

  "I was afraid I hadn't said enough.” Gerald sounded tired.

  "I think this was one of those times when less is more. You made your point, so don't worry about it and don't second-guess yourself. It's over, and now we have to wait for the judge. This is a man who's seen multiple trials and isn't going to be swayed by theatrics or a summation. He's going to weigh the facts and the law carefully."

  "How do you know that?” Gerald asked, turning off the engine.

  "For someone who prides himself on reading people, didn't you take the time to read the judge? He seemed thoughtful and deliberate. What more could we ask for?” Dieter said before opening his door, getting out of the car, and following Gerald to the elevators. After pressing the button, Dieter waited for the doors to slide open. Then he and Gerald stepped inside.