Lethal Lawyers

by Dale E. Manolakas

  “I know what I said and I lied to your buddies. They are not my buddies. You are not my buddy. You were more than that.”

  “Not ‘were,’ Sophia. I ‘am’ more than that to you. I will make this up to you,” Taylor pleaded, reaching for her.

  She put the desk between her and Taylor. “And there was someone in the stairwell when Judith tripped or fell or was pushed. I don’t know what game you’re playing with me, but I know lies when I hear them.”

  “Sophia, I’m not playing a game. I . . .”

  “The detective has the data from the stairwell that night.”

  “The detective? So what. He’s a liar.”

  “And so are you. Apparently.”

  “I’m not . . . I . . .” Taylor stammered, deflated. “Look, Sophia, I thought we were . . . damn, Sophia, that detective doesn’t care about you. He’s just using you to get a name for himself over nothing . . . nothing. There were no murders!”

  “So what are you using me for, then? Leave, Taylor. Just leave! I don’t want to have anything to do with this, with you. I’m just here for a paycheck.”

  Taylor looked at her. He didn’t speak. His face was calm and expressionless. But then, Sophia would expect nothing less from a trained litigator. Litigators were schooled in masking anything and everything.

  Sophia was at a disadvantage with Taylor because she had cared for him, and still did. Her heart sank. She had said too much. She had betrayed the detective’s confidences and had ignored his advice to protect herself.

  She looked at Taylor and saw nothing but neutral—neutral is not what she would have expected from someone who cared.

  Sophia broke the silence.

  “I have work to do.”

  She sat down and opened a file. She stared unfocused at a white page with blurry black stripes and pretended she was reading. She heard the door shut.

  A feeling of hollowness swept over her and took all her energy. Self-doubt overwhelmed her. She wanted to forgive him, but then, he hadn’t asked her to, had he?

  ⌘

  Chapter 55

  Some Broken Eggs Don’t Make Omelets

  The pages slowly emerged from the striped haze Sophia saw through her welling tears to actual words, and then to work—billable work.

  She re-read Toak’s motion for summary judgment, her brain at half-mast. She was wondering if she could get back to Bode, even though she knew it was impossible.

  Gradually, she realized Toak’s summary judgment motion didn’t fit with Toak’s client’s interests. She hoped she was just distracted, but the incongruities got worse.

  Sophia remembered what a senior partner told her at Bode last summer. When in doubt, go back to the beginning, the complaint. She reread the complaint. She checked to make sure there was no amended complaint, and there wasn’t. Then, she read the answer to the complaint. She re-read both twice. She did some Westlaw and Lexis research on standing, concerning who or what entity is properly in a lawsuit and can bring motions.

  She couldn’t believe her eyes. Toak’s client did not have standing to bring the motion. The court would not consider the hundreds of hours of work put in it or the merits. Instead, it would dismiss the whole complex motion for lack of standing. Toak had just wasted the client’s money, billing huge amounts on a motion Toak couldn’t bring and should not file.

  Sophia’s heart sank. This was a monumental and basic first year law school mistake by Thorne & Chase, the most prominent law firm in the country. Toak would have egg on his face. The firm would have egg on its face. The client would demand his money back and hire another firm.

  Sophia sat there catatonic for almost an hour trying to think of a solution. There was none. There was no standing to bring this motion. Then, she was brought back to the present by her office phone.

  “Sophia Christopoulos.”

  “It’s Ben Kowrilsky. Don’t hang up please. Off the record?”

  Sophia didn’t hang up, but she didn’t speak either.

  “I want to talk to you about San Francisco and . . .”

  Sophia slammed down the phone. All she needed now was more trouble.

  Sophia texted Tricia, “Lunch out of the building.”

  “Sure. Sandwich shop three blocks away. Egg salad 2 die 4. Paul busy lunch meeting.”

  “Better 4 us.”

  “Romance problems?”

  “And work. Garage elevator in 5.”

  Sophia grabbed her purse and coat and headed out.

  * * *

  Tricia and Sophia walked the three blocks in the crisp fall air to a hole-in-the wall sandwich shop.

  “So what meeting does Paul have?”

  “With Judith and Frank gone, Marvin has a case he brought into the firm. He’s keeping charge of it and wants Paul to second chair. Paul’s excited.”

  “Good for him.”

  “Paul really is moving up in the world. People have confidence in him.”

  “That’s great.” Sophia ordered her egg salad sandwich at the counter. “I’ve lost a little of my own comfort level, though.”

  “What do you mean?” Tricia ordered hers.

  “Some of the things I told Paul are getting back to Roger and those guys.” Sophia thought of last night.

  “I don’t think so. I know Paul would never pass on our conversations. He doesn’t even like Roger.”

  “By accident then?”

  “He’s too smart for that.”

  “Through Doug?”

  “Could be. Let me talk to Paul.”

  “Okay,” Sophia agreed. “But be subtle.”

  They grabbed the sandwiches and drinks and went to a far table.

  “Wow.” Sophia swallowed her first bite of her sandwich. “This bread is so fresh and the egg salad so crunchy. I love the bits of celery, olives and even dill pickle. My compliments.”

  “I didn’t make it.” Tricia smiled. “You know, Paul really likes you. He would never betray a friendship. He talks about how much fun we are all having now you’re around. We love having you here. He has no life but work and football and now us.”

  “I feel the same. Maybe it’s that detective.” Sophia dismissed that quandary for her other. “But I have a bigger problem now. Well, actually a couple, but this one is huge.”

  “Huge?”

  “Toak’s summary judgment motion I am reviewing. There’s something wrong with it.”

  “What do you mean?”

  “I don’t think his client has standing to bring it.”

  “That’s first year civil procedure. Are you sure? I don’t think Toak and his team would miss that.”

  “That’s what I thought.”

  “Don’t say anything to anyone.”

  “Of course. Well, but wait, I know Toak is not the brightest bulb in the room, but the team that manned that case is the cream of the crop. Marvin led it. In fact, with a major motion like that, I bet he ran it by Frank or Dante also. Are you telling me they all goofed?”

  “Yes, but keep your voice down. That’s really bad. You had better make sure you’re right.”

  “I did.”

  “God! The client has been billed a couple of hundred thousand dollars for that. Nobody who has touched it is going to be happy with you. Maybe you really should keep your mouth shut.”

  “If there’s no standing, how can I do that? Then when it’s dismissed for lack of standing, which I’m sure it will be, I’m going to look stupid like the rest of them. I was supposed to bring Cracker Jack ‘fresh eyes’ to the motion.”

  “You’d just be one of the pack who missed it. I think that’s safer than sticking your head above the crowd.”

  “But what if they use me as the fall guy? I was the last one who checked it, and I have the least amount of pull. The low man on the totem pole always gets blamed and fired.”

  “I bet at least one of those guys already knows there’s no standing and sand-bagged you. You know, ‘shoot the messenger’.”

  “Maybe, but that doesn�
��t help me.”

  “You have to talk to Paul about this one.”

  “Okay.”

  They both sat in thought as they finished eating.

  “Hey. On a lighter side, how was Jay’s birthday party last night?” Sophia asked.

  “It was fun. Some of Jay’s U.S. Attorney friends are a riot. I wish you would have been there.”

  “So do I. Taylor is probably history.”

  “Oops. It’s not going well?”

  “Not really.” Sophia fought back tears.

  “What’s wrong?”

  “Guys can be real jerks.”

  She recounted the previous night’s incident in Taylor’s office.

  “I can’t believe Taylor did that to you!”

  “Neither can I, but I’m not as angry as I was last night. He tried to talk to me about it this morning. I think, in his mind, he was just trying to be a friend to his friends, and I guess, in a round-a-bout way, helping me get along here.”

  “I suppose. Maybe . . . you should talk to him again,” Tricia shrugged. “But just let me know when you make up your mind whether I’m supposed to hate him or not.”

  “I will.” Sophia smiled. “You’re a loyal friend.”

  “Speaking of problems, Detective Rutger came to see Paul again. There’s an ugly rumor that you saw Roger there when Frank got hit by that truck.”

  Sophia’s face fell.

  “Well, is it true? I won't say anything. I promise.”

  “I . . .” Sophia took a deep breath. “Yes. Yes . . . I saw him.”

  “You lied to Detective Rutger?”

  “I don’t want to get in any deeper and I think Paul and Taylor are right about the detective. He just wants to bring down some junior partners at a prestigious law firm instead of dealing with street gangs and drug dealers. I don’t know who to trust.” Sophia paused and smiled. “Except you, of course.”

  “Thanks,” Tricia smiled, and then got deadly serious. “But you told Taylor the truth?”

  “Yes.”

  “Was that smart?”

  “It probably wasn't, but I was mad. It just popped out.”

  “Since Taylor knows are you sure you shouldn’t just tell Detective Rutger? He already has that sketch from an eyewitness anyway. You’d just be confirming the information. And he may be right. Roger may be dangerous.”

  “No. I’m through. I’m just through,” Sophia pronounced and then took a deep breath.

  “Okay, I guess. Are you going to Frank’s funeral tomorrow?”

  “We have to, don’t we?”

  “Yes. We all do. I think that’s why the memorial and service are combined on Saturday. More economical too, because the staff won’t goof around when we’re all at a funeral. Judith’s Monday funeral cost them a lot of attorney and staff time, even though not so many people actually went. The next one will be on Sunday or at midnight when the firm cost will be zero!”

  “Next one? Bite your tongue.”

  “We can go together. I’m working. If you're coming in to work, we can go from the office.”

  “Of course I’m working!”

  “We’ll leave at eleven. I’ll tell Paul. Okay?”

  “Sure, just don’t talk about the other things with him for now.” Sophia checked her Timex. “Damn it, my watch finally stopped and I left my cell in my office.”

  Tricia looked at her cell. “Ah, time to go.”

  ⌘

  Chapter 56

  Standing Up for No Standing

  Back at the office, Sophia got a coffee from the break room. She could barely put her lips to the black and gold Thorne & Chase mug. She made a mental note that she should bring her own.

  Sophia wanted to be a hundred percent right about the standing issue. She went to work researching federal and state cases on standing in Lexis and Westlaw. She found one California state appellate court case on a summary judgment motion being dismissed for lack of standing. It stood for the general proposition, but was not on all fours with Toak’s scenario. She refined her search. No precedent. Sophia concluded either that no one was stupid enough to make a standing error or that anyone who did was too embarrassed to appeal it.

  She was relying on the one Ninth Circuit case she had found that held that a corporate CEO had no standing personally to challenge causes of action brought against the corporation. Sophia printed out the case and Shepardized it to make sure it hadn’t been overturned or distinguished. It was good precedent and solid law. Toak was wrong.

  Only one question remained. What was she going to do now? Should she take Tricia’s advice? Sophia’s ethics and ego clearly told her no. She needed to talk to someone. Taylor would have been the best person, but she couldn’t deal with him now. She picked up the phone. She remembered the rule, no texts or emails when you didn’t want a paper trail.

  “Hey, Paul. I have a problem.”

  “Good. I need a break.”

  “Good?”

  “You know what I mean. Tricia and I will be up with some chocolate chip cookies and lattes from the cafeteria.”

  “Make it a peanut butter for me.”

  * * *

  Paul and Tricia arrived with the sugar fix and caffeine high. The smell of coffee and peanut butter and chocolate filled the room.

  “I heard you went to ‘the best egg salad sandwich place’ today.” Paul sat, handed out the lattes, and opened the boxed cookies. “You know Tricia likes you because we have kept that place under wraps. We don’t want it to get too popular and have to wait in lines.”

  “I feel honored.” Sophia took her latte and a peanut butter cookie. “I heard you are second in command on Marvin’s new case. Kudos to you.”

  “Yeah, it’s fun and sexy, if I do say so myself.” Paul was proud and excited. “The American movie distributors’ trade organization has a copyright infringement suit. Travel and great billables.”

  Paul beamed and drank his latte.

  “And if it goes to trial, Paul will make a name for himself.”

  “Getting to be second chair is a great honor,” Sophia agreed.

  “It’s really cutting edge. We’re going after people who steal early bootleg copies of pre-release movies and put them on overseas computer servers. Those server owners claim to have no control over the bootlegging of the movies and no control of the money made from sales of the bootleg movies worldwide. We’ll prove that’s bullshit!”

  “Great legal term, ‘bullshit’!” Tricia laughed and Sophia followed suit.

  “Come on guys.” Paul squelched the humor. “The movie producers and distributors are being ripped off. We’re going to stop this. It’s costing the producers, distributors, even the actors and actresses, a fortune in lost revenues.”

  “We get it, Paul.” Tricia finished her first chocolate chip cookie and took another. “And we love your succinct legal analysis . . . ‘Bullshit’!”

  Tricia and Sophia laughed again, partially because just laughing felt good after the last few days.

  “Yeah, I’ll use that analysis someday!”

  Paul turned one shade of red. “Enough, ladies. What is the problem I have been summoned to solve, Sophia?”

  Sophia summarized her research and the problem for Paul.

  “Wow,” Paul said. “You can’t win no matter what you do. Toak has spent so much of the client’s money on this already that it’s going to be egg on his face, a dozen eggs.”

  “I can guarantee the standing issue will be obvious to a judge. I don’t know why no one caught it,” Sophia said.

  Tricia chimed in. “I told Sophia they did catch it and sandbagged. They don’t want the wrath of Toak or the two senior partners on the case. I told her to forget it too.”

  “Good advice.” Paul paused, thinking. “She either has to let the judge deny the motion for lack of standing or stick her head out and have it chopped off. And it will be chopped off. This is at least a two hundred thousand dollar mistake.”

  “I knew Toak was missing IQ poin
ts when he interviewed me. But this is off the charts dumb.” Sophia gloated at the validation. “I think I have an ethical duty to bring it up and I also don’t want to pretend I’m stupid.”

  “I can see both sides. But right now, your only duty is to your paycheck because the damage is done. It would be different if the client’s money hadn’t been spent yet,” Paul reasoned and then paused to think. “You know, I get it. We all hate Toak. And your reputation will be sullied along with everyone else’s who reviewed the motion and didn’t speak up. This is a hard call.”

  “I told you, Sophia, I would let it pass,” Tricia interjected. “Let the judge tell them they’re wrong. Don’t rock the boat. Besides, I agree with Paul, someone who reviewed it already knows and is sandbagging so that they are not the bearer of bad news to Toak. Kill the messenger and all that. You should sandbag like everyone obviously has.”

  “Good point, Tricia.” Paul said.

  “But I can’t let it pass,” Sophia argued. “It’s my reputation. Tricia, if someone saw this before, they should have spoken up.”

  “Then CYA, cover your ass,” Paul cautioned. “Do a memo to the file and Toak. Then very innocently go ask another senior partner’s opinion so that you establish your position before your memo disappears from the file. In fact, email the memo to Toak so that there is an email record of it.”

  “Good plan, Paul,” Tricia said. “Email records are forever. I like it.”

  “Cagey. I like it. What partner should I talk to?” Sophia asked.

  “Frank would have been perfect, but he’s gone,” Paul said. “I think Carlisle. He’s very politic. He will know why you’re talking to him, but he will accept the façade of you asking for his advice. He’s powerful too. He will respect your work and the fact that you’re doing the right thing. And I’ve heard he can’t stand Toak’s little tête–à–tête with Marlene.”

  “Okay,” Sophia said.

  All three sat in stasis.

  Paul stood. “Sophia, get a Nerf ball to shoot baskets with here and I’ll visit more often. Let’s go. If no one wants another cookie, I’ll finish them off.”