“Hm. Mr. Weaver, do you want to consider this offer? You know that if we rule in favour of your client she will have to go back to her job where, I daresay, she will not be welcome.”
Krystle Cann nodded in assent and shot a cold glance at me.
“May I have five minutes outside with my client?” Peter Weaver replied.
“Of course.” The judge rose, causing all attendees to follow her example. “I see you all back here in five minutes.” She left the room through the door behind the bench. Peter Weaver and I went outside and found a quiet corner.
“What do you think?” he asked me.
“I can’t believe she acted as if that offer had always been on the table! Why have they not come up with this earlier?”
“Clearly, in order to increase the pressure on you until the very last moment.”
“No. We have come so far. The last six months have been a nightmare. They shouldn’t get away with this so easily.”
“I agree but it’s up to you. I wouldn’t take it either. There is a risk you will lose altogether but I’m quite confident we will get a judgment in our favour. You know what that means.”
“Yes.” I swallowed hard. “I’ll have to go back into that arena.”
He pressed my arm in encouragement. “Fine. Let’s go and inform the judge.”
Back inside the courtroom, I tried to ignore the poisonous looks from the Pratt & Wonkey ladies. The judge entered the room and sat down. She looked questioningly at Peter. “Mr. Weaver, has your client made a decision?”
“Yes, your honour. We will not accept the offer.” That prompted excited murmur from the other side.
“Very well.” She switched on her dictaphone and took the microphone.
“In the matter of Krakowski - spelt K-R-A-K-O-W-S-K-I - versus Pratt and Wonkey - spelt W-O-N-K-E-Y - is that correct Mrs. Lang? Thank you. All claims - there are two claims, Mr. Weaver, aren’t there? That the dismissal was void and unlawful and that the plaintiff has to be re-employed? Yes, thank you - that all claims of the plaintiff are herewith granted. I hereby pronounce judgment in favour of the plaintiff. Mrs. Lang, Mr. Weaver, a fully reasoned judgment will be available by tomorrow afternoon. Thank you all.”
And thus came the evil spirits I had summoned.
16. I Will Survive
It was Thursday, 1 October 2009. I was back in the lion’s den. I stood in the lift and pressed the button for the reception floor. My hands were trembling. I didn’t know what to expect. For sure the P&W partners were livid with me after the negative press coverage. My name had not been mentioned anywhere - that was not allowed - but as soon as the judgment had been made public the legal press, as well as the Financial Times, had a field day. None of the lawyers who had been made redundant, during the banking crisis, had dared to sue their firm and see it all the way through. All other cases had been settled prior to judgment. This was new and, most importantly, it was a sensational slap in the face of one of the most powerful law firms in the world.
My knees were still trembling when I was shown into a meeting room - the same I had been hired and fired in - and I looked into the stone cold faces of Michael Stone, Krystle Cann and Henry Struther. I had met Henry the previous year at a European associates’ meeting where he had declared to me that P&W better make him a partner soon or they would lose a major client. That obviously worked because here he was, as Tracey’s successor and my new boss.
“Good morning, Mrs. Krakowski,” Michael said stiffly. “Take a seat.”
I managed a small smile. “Good morning.”
“We want to establish some rules,” Michael began.
I waited. My heart was pounding.
“We want to monitor you, so that we can see what you do and for you to know what you are allowed to do,” he continued. “One. Any work you accept from within the office needs to be cleared with Henry. All partners will be notified of that.” He paused as I took out a notebook and pen and started making notes.
“Two. Any delegation of work is to be cleared with Henry. Three. To the extent you do German law work you need to clear with Henry and a German partner who the supervising partner will be. Four. There will be a monthly review and analysis of your activities. We may decide at any time that a more frequent review meeting may be necessary. Five. Any marketing activity or participation in training has to be cleared in advance with Henry. Six. We will monitor your busyness. You will fill in and submit your time sheets daily. You will submit a weekly summary report about your activities to Henry. Seven. If you’re allowed to undertake a specific marketing activity, provide a short summary afterwards to Henry. Eight. There has to be a new agreement on objectives.”
“I do not have any agreement on objectives. I never had one, because my salary does not include a variable bonus element,” I interjected slowly.
“Prepare a first draft before the end of the week - before Thursday if possible. Nine. We will treat you in compliance with our legal obligations. We will perform our side of the contract. If you feel treated unfairly, tell Henry or myself. Any questions?”
“No. I only want to make one thing very clear. I never contacted the press.”
“Noted. You can go to your office now. Reception will give you a key card.”
I got up and left the room without any further word. Enough had been said. I collected my key card from the receptionist, travelled up two floors and walked past some secretaries who stared at me with round eyes.
“Chloé!” A friendly and familiar voice made me turn around. Jerome was quickly walking towards me, his smile in stark contrast to the cold faces I had been stoically looking at earlier. I gratefully accepted his hug.
“It’s so good to have you back! I saw you had a meeting with Henry, Dr. Stone and Krystle Cann. Are you OK?”
“Sure, Jerome. Good to see you, too. I assume nothing has changed around here?” I walked into my office and noticed a small bouquet of flowers in a vase on my desk. “Flowers?”
“These are from me actually. A little welcome present,” he replied with a bashful smile. “Yes, it’s all the same. Except of course that Tracey is back in London and Henry is in charge here now.”
“Thank you so much, Jerome. And? How is he to work for?”
He turned to see if anybody was listening. “Actually, so far so good. He is very organised, polite and keeps reasonable hours.”
I raised my eyebrows and nodded. “Right. Well - I better get started. As far as I’m concerned nothing is the same. I’m back now but I have a new boss and I intend to make the best out of it.”
“I’ll leave you to it then. Let me know if there is anything I can do for you.”
“Thanks, Jerome. I really appreciate it.”
Once I had settled in and started my computer, I opened my inbox and waited, for the over 1,100 unread emails which were shown, to load fully.
My thoughts went back to the previous Friday - my last weekend of freedom - which I had spent with Isabella in Berlin. Noëlle and Marie had still been with Jean and his parents in France, for their half term autumn break. Jacob had stayed at home. Isabella had booked us an early dinner at the Grill Royal, our favourite restaurant in Berlin.
We’d just finished our main course, the waiter having cleared our plates. The table next to ours was being set for the next guests. As I poured Isabella some water I looked up and saw two men walking towards us, being led by the headwaiter. I recognised one of them.
“Shall we ask for the bill then, sweetie?” Isabella asked me.
“Uhm - not yet. I know this guy.” I widened my eyes and rolled them to indicate there was something behind her. By then the waiter and the two men had arrived at the table next to us.
“Here you go. Enjoy your dinner,” the waiter said to them and handed each of them a menu.
“Oh my go
d, it’s Chloé!” The man exclaimed when he saw me. I got up to shake his hand. He blew me two kisses left and right.
“Giles! What a surprise! I haven’t seen you for ages! Isabella, this is Giles Rocher. He is a partner at Olsens - so, a colleague, and his father is French in case you are wondering about the accent. Giles, this is my best friend Isabella Moyer. She is a jewellery designer.”
“How fabulous! Enchanté! Ladies, this is my husband Marcel. Marcel is a fashion designer,” Giles said with his slight French accent.
“So, how do you two know each other?” Marcel asked.
“Darling, you remember the film financings where I represented the Hollywood studios? Chloé was nearly always the bank’s lawyer,” Giles explained.
“Oh, how I miss those first class trips to L.A.!” I sighed.
“Well, yes - no more of that in this horrible economy!” Giles said. “So, how are you these days?”
“Oh - I’m fine. I’ve been at Pratt & Wonkey for a few years now. And I got remarried last year.”
“Congratulations! That calls for some champagne!” Giles signalled the waiter. “However, that’s not good news for me.”
“Why? You can hardly mean that you want to switch allegiance!” I winked and pointed at him and Marcel.
“Of course not! Chloé, you are the most glamorous lawyer I know, but no,” he laughed. “I was hoping you’d tell me you’re unhappy so I can finally lure you to come and work with us in Berlin.”
Isabella exchanged a quick glance with me. “I think that sounds really interesting. Who knows? Perhaps Chloé will think about it,” she said.
“I like this woman!” Giles exclaimed and clinked glasses with Isabella. “Yes, do think about it, Chloé. The offer stands. I will send you a signed contract with all details and whenever you are ready you just sign it and send it back to me.”
Eventually, we agreed to get the bill and leave Giles and Marcel to enjoy their dinner for two. As we stood outside, waiting for a taxi, I sighed. “Thanks for not saying anything, Isabella. I mean, Giles is a sweetie and such a rare gem in our world, but I wasn’t ready to tell him about my failed job and my failing marriage.” I held up my right hand with the beautiful Cartier engagement and wedding rings.
Isabella squeezed my arm. “I know! However, this was such a chance encounter - who knows what it’s good for? At least you know there is a plan B if everything fails.”
“Yes, you’re right. For now, though, I have to go home and face my husband on Sunday and then the lion’s den on Monday.”
A knock interrupted my thoughts. Jessica was standing in the doorway, holding two lever arch files. Over the last six months I had not had any contact with her or anybody else from P&W, even including Patricia Stone. “Hi Chloé,” Jessica said stiffly. “How are you?”
“Hi Jessica. I’m fine, thanks. And you?”
“Fine, thanks. Henry asked me to bring you these files. We have a big refinancing transaction for the Plastic Group with subsidiaries in fourteen jurisdictions providing security. It’s Tracey’s deal but Henry is running it day to day. Joanna, my trainee, needs help with coordinating CPs and security documents.” She placed the files on my desk.
“So I am assisting Joanna?” I asked calmly.
She seemed embarrassed. “Henry told me to ask you,” she repeated. “Look, Chloé, I am sorry. I am not supposed to talk to you about anything other than active work matters.”
“Sure. That’s fine. No problem. I will look at this straightaway.”
“Thanks. If you have any questions, you can ask Joanna - or me, of course. Oh, and we are supposed to record our time generously. Apparently we made a loss of about thirty per cent. on the initial financing but we don’t have a fee cap now so now Tracey wants to make up for it. Sorry, I can hear my ‘phone - I’ll see you later.” She left.
I frowned. Recording time generously? I knew what that meant. Whilst under pressure to meet, or even to exceed, their billable hours target some lawyers have developed the habit of recording their time on client matters for every minute they were in the office, whether they actually worked on such matters or not. However, a direction from the file partner to record more hours than the actual time spent was not something I had heard of since that scandal in the late nineties when a Wall Street firm was exposed for “padding” bills. That was very odd. Tracey knew that this was in effect fraudulent. Maybe it was a trap. I certainly would not fall for it.
Ping. I looked at my screen and my stomach churned. A new email had arrived. Sender: Tracey Taylor. I opened it.
From: Taylor, Tracey
To: Krakowski, Chloe
Cc: Struther, Henry
Re: Review of security document
Chloé,
Please review the attached security document and send me your comments on any deficiencies (and your suggested corrections) by 2 pm CET today. If you require any other documentation please let me know.
Kind regards
Tracey
I opened the attachment and scrolled through the document. The recital explained that a company was to provide security, on the same terms as certain chargors under an existing security agreement, by acceding to that security agreement, although there was no accession mechanism in the original security document. The definitions section and other provisions cross-referred to other documents. I clicked on reply all.
From: Krakowski, Chloe
To: Taylor, Tracey
Cc: Struther, Henry
Re: Re: Review of security document
Dear Tracey,
Thank you for your email.
Of course I am happy to review the attached document. I assume this takes priority over the work I have been asked to do for Henry on the Plastic Group transaction. I would be grateful if you could arrange for the following documentation to be sent to me: Senior Credit Agreement, Restructuring Deed, Security Deed, Intercreditor Agreement, Accession Documents. Alternatively, perhaps it would be easier to grant me access to the virtual file (is it the number on the front page?) so I do not have to bother you with further requests.
Kind regards
Chloé
From: Taylor, Tracey
To: Krakowski, Chloe
Cc: Struther, Henry
Re: Re: Re: Review of security document
Chloé,
I attach the Security Deed, which is the only other document I currently have access to. Given the timing, please note in your mark up which precise terms require review of other documents.
Kind regards
Tracey
Fine. That would have to do. Peter Weaver had warned me that P&W would probably try to provoke what they would regard as misbehaviour in order to collect reasons to fire me properly this time. He had briefed me that I should stick to doing the work I was asked to do, undertaking reasonable efforts - judged by the standard of someone of my level - and within reasonable business hours. They wouldn’t be able to fire me if I didn’t adhere to (unreasonable) deadlines or even if I made a mistake. Nonetheless, I was going to be careful stepping around this minefield. I was going to do my best and adhere to prescribed timeframes, even if the task was clearly designed for this purpose only or even completely fake and came from a partner who was not only no longer my immediate supervisor but not even in the Frankfurt office.
While I was working on the security document, Tracey sent me another email requesting a report on the satisfaction of conditions precedent for a real estate finance transaction that we had closed two years ago, giving me a deadline of close of business the next day. I automatically panicked at first, thinking maybe I did something wrong then; they have found something against me and now they are trapping me. I tried to remain calm, which was not easy. I inhaled and exhaled slowly. It was only half way through the day and I was al
ready a nervous wreck. I briefly replied to Tracey that I was of course happy to start with this after 2 p.m. CET and continued on the first assignment.
I sent Tracey my mark-up two minutes before 2 p.m. The document had contained obvious mistakes and was badly drafted, even using different defined terms to describe the same thing.
I recorded the time I spent on it to the exact minute on the number I had found on the cover sheet of the document. Tracey had not said anything to the contrary.
I then started on the next assignment. My door was firmly closed. I didn’t want to speak to anybody, let alone Jacob who, in my absence, had conveniently moved to an office down the corridor and further away from mine. By 7 p.m. I had made good progress and decided there was no reason to stay late for any of this. Just then I received another email from Tracey.
From: Taylor, Tracey
To: Krakowski, Chloe
Cc: Struther, Henry
Re: Client bulletin
Chloé,
We require a client bulletin on common structuring issues in acquisition finance in Germany and an update on market developments, covering recent legislative changes and court decisions as well as any other topic you identify in this area. Please research those issues and draft a memo of not more than six pages. This is not chargeable so please manage this around your client chargeable commitments. If you think you need to obtain input from colleagues please let me know and I will ask the German banking partners whom you may contact. In the meantime please base the memo on your own research. The deadline is close of business this Thursday.
Kind regards
Tracey
I shook my head slightly. This wasn’t the sort of thing I should be asked to do, or indeed, the most appropriate person to be asked. The entire tone of the email was very artificial. What was going to be next?
I realised the battle had just begun.
* * *
Over the next few days I was kept busy by my newly dedicated supervisor, Jessica’s trainee solicitor Joanna. I’m not sure she enjoyed her task, which was to ask me to assist her. I didn’t really care, at least it was not fake work and it didn’t come from Tracey. My suspicions, in respect of fake assignments, was confirmed when I received an email from a London associate querying why I had recorded time on a matter number which I recognised to be the one I used for the review of the security document Tracey had sent me on my first day back in the office. I responded to her.
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