Trial & Tribulations

by Rachel Dylan

  “I assume you’re going to call the clerk’s office first thing tomorrow morning?” she asked.

  “Yes. If you get to them before I do, I’m hoping you’ll let me know what they have to say.”

  “Of course. That’s just professional courtesy.” She took a deep breath. “The trial is just the beginning. You realize that?”

  “Yes. But once it’s over, I’ll be filing another motion to withdraw effective ASAP. They can find someone else to handle any post trial matters.”

  “Keep your head up, Grant. And keep your focus on what matters.”

  He gave her a weak smile. “That’s exactly what I plan to do.”

  Chapter Fifteen

  Grant decided that instead of calling the clerk’s office on Monday morning that he was just going to go down to the courthouse and talk to the clerk himself. He was high strung from caffeine and the lack of sleep.

  He had found himself starting to pray pretty often. It felt like it was his way of furthering his fledgling relationship with God. And once he did it, then it started to become easier.

  The clerk’s office had only opened about fifteen minutes before, and he was one of the first people in line. That was the thing about a courthouse. It was always busy.

  He waited patiently—or as patiently as possible—while the few people in front of him were helped. When it was his turn, the clerk immediately recognized him.

  “Mr. Baxter,” she said.

  “How is Judge Wingfield?”

  “Thankfully he’s doing all right. He’s going to be in the hospital for a few more days, and he’s going to take some time off. So your case has been reassigned. Which is the reason I assume you’re here?”

  “Yes, ma’am.”

  She nodded. “Judge Louise Martinique is going to be taking over. She handled one of your prior hearings.”

  “Yes, she did.” That was the hearing where Olivia had totally choked. She was not going to be happy about this at all. But there was absolutely nothing he could do. This was all way out of his control.

  “And I was going to send out an email and call you both this morning. The judge wants to see you in court at nine a.m. tomorrow to conduct the hearing and set a trial date.”

  Interesting, he thought. Why would she be so gung ho on setting a trial date? “Thank you for the information.”

  “You’ll receive the formal notice from me via email this morning. I’ll still be the clerk on the case since it was Judge Wingfield’s case.”

  “Thank you.” He walked out of the courthouse and pulled out his cell phone to let Olivia know what he had just found out.

  He dialed her number and waited for her to pick up.

  “Hello,” she said.

  “Hey, it’s Grant. I’m down at the courthouse, and I just spoke with the clerk.”

  “What’s the deal?”

  “The case has been assigned to Judge Louise Martinique. You remember her, don’t you?”

  She groaned. “Yes. How could I forget?”

  “The clerk is sending us the notice this morning, but we have a hearing tomorrow at nine a.m. She wants to hear arguments on the injunction and set a trial date.”

  Olivia muttered something he couldn’t understand.

  “What are you saying?”

  “I think Layton is behind this. I have reason to believe that he and Judge Martinique are at least friendly and could be something else. Remember when I had the issues in front of her the last time.”

  “What? You think she’s one of them? A senior judge?”

  “They can be anyone, Grant. Don’t let occupations fool you. Evil can appear anywhere and in multiple forms. But this is my problem not yours. Thanks for letting me know about the hearing once you found out. I’ve got to get back to work, but I’ll see you in court tomorrow.”

  “See you then.”

  He ended the call and pondered what Olivia had said. Was she insinuating that her bad performance and anxiety were caused by Judge Martinique? This was one thing he was still really struggling with. How did all of this spiritual warfare stuff really play out?

  Yeah, he’d had that experience in his house and his car that he couldn’t explain. He’d tried to say it was fatigue or stress, but it had been so real. If he hadn’t have had that though, he would have a really hard time even going down this road.

  Having that knowledge and experience led him to believe that there was something out there. A spiritual battle waiting to be waged. He still didn’t quite understand how he would be prepared to fight it. And what exactly he would be called upon to do.

  What he had to do first was to get through this lawsuit with the most difficult and dangerous client he’d ever had. He’d thought more than once about whether Layton was behind Judge Wingfield’s heart attack. And how convenient it was that now Judge Martinique would be the judge in the case. If Olivia was right and Judge Martinique was loyal to Layton, then that would explain a few things.

  He should be happy that he was going to be getting a more favorable judge. One that didn’t hate him because he’d presented fabricated evidence to the court as the basis for an emergency injunction. But he just felt sick about the whole thing.

  There was no glory in winning through cheating and deception. He was a very competitive person and a highly driven lawyer, but definitely not this way. He was starting to realize that there was more to life than just making money off of lawsuits. And he had one person to thank for that—his opposing counsel. She’d helped him start this journey of faith that he could feel was literally changing him from the inside out. There was no turning back.

  **

  Olivia dreaded walking into the courtroom to face her nemesis—Judge Louise Martinique. But first she was meeting Nina Marie outside the building, and she had to raise issues with her. Like why hadn’t she, as the company’s lawyer, been notified about the passing of the CEO?

  That seemed like a pretty important fact for her to be made aware of. Generally annoyed at the moment, she took a deep breath. She asked the Lord to give her patience and the ability to get through this hearing without any outside influences impacting her performance.

  Nina Marie walked up to her wearing a long beige dress and pumps. She looked like a consummate professional, not a spiritual warrior.

  “We need to talk,” she said.

  “What’s wrong?”

  “What’s wrong? What’s wrong is that I had to find out from someone not associated with Astral Tech that Clive had passed away. Why didn’t you tell me that?”

  Nina Marie let out an exasperated sigh. “I’ve basically been running the company for a while now. It didn’t really seem that relevant to bother you about it.”

  “Bother me? We’ve seen each other since this has happened. Remember, on Friday at the hearing?”

  “Oh yes, but things got so dramatic with the judge that I wasn’t even thinking about that.”

  “From now on, you have to keep me in the loop on major company business like this, okay?”

  “Fine,” Nina Marie said.

  “There’s one more thing. We have a new judge, and I want to know what you know about her. Her name is Judge Louise Martinique.”

  Nina Marie gasped. “She’s one of them.”

  “One of who?”

  “Optimism.”

  “How do you know?”

  Nina Marie’s mood noticeably shifted. She crossed her arms around her and tapped her foot. “I know the enemy. Trust me on this one. This is a huge problem for us. If she’s the trial judge, we have no shot of winning.”

  “It’s a jury trial though. The decision is up to the jury, but I’m not going to lie. The judge’s rulings on certain issues could definitely impact our case. So while the jury is the ultimate decider of the verdict, having a biased judge is not where you want to be. If we could prove her association with Layton, we could move to disqualify her as the judge.”

  Nina Marie shook her head. “They’re super careful about these things.
Members like that with such powerful connections never have a trail. The best we could do was probably show them attending some of the same social events. But I know even as a non lawyer that won’t be enough.”

  “No, it won’t.” Olivia rubbed her temples trying to figure out how best to handle this. “We just have to go with it. Do the best we can, and really try to be as likeable as possible to the jury. In the end, that will matter the most.”

  Nina Marie grabbed onto her shoulders. “You do whatever you need to do. You have my full support.”

  “We should go in.” Olivia had such a strange relationship with Nina Marie. She was pretty sure she’d never again defend someone like her or a company like Astral Tech. She didn’t really know what God’s plan was for the actual litigation. Her and Grant both had major issues they were dealing with. She just had to trust in Him and know that even if the storms were raging, that she’d live to fight another day.

  For now, she couldn’t focus on Nina Marie being the adversary even if she ultimately would be. As she walked into the courtroom, her stomach clenched with nerves. What if she locked up again and couldn’t talk? What if Louise Martinique really was wielding some evil powers against her?

  She leaned over to Nina Marie as they took their seat at their table. “Be prepared for the possibility that Judge Martinique may come after me.”

  “What do you mean?”

  “Last time we were in front of her, I basically had a panic attack. I’ve never had one before, so I think she had something to do with that.”

  Nina Marie raised an eyebrow. “She won’t dare make a move with me beside you.”

  Olivia was highly uncomfortable with the idea that Nina Marie would be providing her any type of protection. She didn’t need the cloak of evil to fight evil. No, the only true answer was to fight evil with the Word of God. “Nina Marie, please don’t do anything. I’ll be able to handle myself.”

  “I can’t make any promises,” Nina Marie muttered.

  “All rise,” the bailiff said.

  Olivia glanced over to the other table where Grant and Layton stood at attention. There was one thing she was sure of—this was bound to be interesting.

  Judge Martinique looked just as Olivia had remembered. Her long gray hair was pulled back from her face, and her dark blue eyes locked right away on Olivia.

  “Good morning, everyone. I will be taking over this case, given Judge Wingfield’s health issues. Today I am hearing arguments on the emergency injunction. I’ve read all the papers that were filed. I also understand that experts have been retained by both sides to testify to the validity of the email that was used as the basis for filing the motion. Is that correct?”

  “Yes, Your Honor,” Olivia and Grant said in unison.

  During an hour of arguments and expert testimony, Judge Martinique scribbled notes down on her legal pad. “I’ve heard enough. I’m ready to rule. As to the motion for emergency injunction, the motion is denied. As to the issue regarding the validity of the email and the question of who altered the email, it is my finding that there is evidence from both experts supporting the fact that the email was altered. I’m not convinced, however, by defense counsel’s argument that plaintiff or his counsel was responsible for the alteration. Therefore, I rule to exclude the email at trial. And as a result, I deny Ms. Murray’s motion today to levy sanctions against Optimism.”

  Olivia wasn’t surprised. The judge was also being very careful and deliberate in the scope of her rulings, following the easy and cautious way out. To any outsider, it would seem like she was taking a measured approach. At least Olivia hadn’t felt any ill effects in the courtroom today.

  “Now, I’d like to take up the issue of a trial date. I’d like to hear what each side has to say starting with the Plaintiff.”

  Grant stood up. “Given the magnitude of the issues involved and the time sensitive nature of this case, Optimism would ask that the court set the trial date for as soon as reasonably possible, with the court’s schedule.”

  “And what is Astral Tech’s position, Ms. Murray?”

  “Astral Tech is also anxious to resolve these issues as expeditiously as possible.”

  “Very well. Trial will start a week from today. We’re adjourned.”

  And just like that, the judge was walking out, leaving her a bit stunned. A week to prepare for trial? What a complete nightmare. But Nina Marie had also insisted that she wanted this thing to end sooner rather than later.

  The silver lining was that the only issue remaining in the case was the theft allegation.

  “What’s the plan?” Nina Marie asked as she rose from her seat.

  “The plan is that we’re going to try this case. I need to figure out some logistics from my end regarding the law firm. But we’ll need to start preparing for your testimony tomorrow. I’ll need a lot of time with you, Nina Marie. You’re the key witness for Astral Tech, especially since Clive is dead and the theft allegation is pointed in your direction.”

  “Don’t you worry about me and my preparation. I will be ready. I’m willing to meet as long as it takes to prepare. You will have my full undivided attention.”

  “I’m going to need it. We’re in an uphill battle here.”

  “I’ll finish up some work and loose ends today, and I’ll be all yours starting in the morning.”

  “Thank you.”

  “I’m going to get going. I need to swing by my house before I go in.”

  “I’ll see you in the office later today.”

  Olivia gathered up her files and took a deep breath. She needed to get to somewhere that she could call Chet and brief him on the latest developments. He was going to flip about the trial being in a week.

  Grant had already left the courtroom with Layton. Which was all well and good. Honestly, she didn’t really feel like talking to him right now. Or anyone else for that matter.

  But there was no sidestepping the phone call to Chet. She waited until she got into her car and made the call from the parking lot.

  Dear Lord, I hope I don’t lose my job over this. But she couldn’t help the fact that her client was also pushing for an immediate trial. Regardless, she was in the client service industry, and when the client spoke, that was that.

  She waited while Chet’s secretary put her through.

  “Chet Carter speaking,” he said.

  “It’s Olivia. I’ve got news.”

  “I’ve read your emails about what happened on Friday with great interest. Sounds like you have quite a circus going on out there.”

  “I’m afraid it’s only going to get worse.”

  “What happened?”

  She closed her eyes and got ready to break the news. “Well, first off, we got a new judge. She’d conducted one of our prior hearings, and she is definitely biased for Optimism, but we can’t prove it.”

  He sighed. “That’s just part of litigation, Olivia. That’s nothing that can’t be handled. Don’t forget that the jury has the ultimate say.”

  “About that, sir. The trial has been set for a week from today.”

  “What?” he yelled. “How is that even possible? That’s preposterous.”

  “That’s why I wanted to call you instead of emailing, because it’s complicated.”

  “Uh oh. I don’t like where this is heading, Olivia.”

  “Chet, the client was adamant that they wanted to agree to a quick trial date. There’s a lot going on behind the scenes between these two companies, and both sides want to go to trial.”

  She was met by silence. This was it. This was where he was going to tell her to get on a plane home, pack her office, and be done with it.

  “I know I’ve basically left you to fend for yourself on this case, Olivia, because you were up for it. Now you find yourself in a precarious situation, but it’s a situation that only you know how to handle.”

  “What are you saying?”

  “That you will see this thing through. You’ll be first chair on Monday wh
en this trial starts. I don’t understand all the facts on the ground. I’ve been following all your updates, but you’re right that this hasn’t been a usual case. From the industry right on down to the players and the judges. Do the best you can. That’s all I can ask of you.”

  Thank God he wasn’t going to fire her. “I want you to have reasonable expectations. There’s a good chance that they’ll make the jury believe that Astral Tech stole the app.”

  “I realize that. That’s why you can only do your best as a lawyer, and the rest is in the hands of the jury.”

  “What about support staff or additional attorney help?”

  “I’ll send you one paralegal and one junior associate. Given the client’s tight fisted budget, I can’t send out more team members than that. Originally, I was going to give them a bit of a price break so that I could try the case, but after following this whole thing, I think it’s just better that you handle it.”

  “I’ll do my best.”

  “Olivia, don’t forget the objective. You’ve handled these wacky people much better than I probably would have. I didn’t realize when we took them on as a client that we’d have so much additional baggage to deal with.”

  “Thank you. I’ll keep you posted.”

  “Please do.”

  The call ended and she sat behind the wheel but still didn’t start the car. Chet wanted to separate himself from this mess, and she really couldn’t blame him. Yes, she wanted to be first chair at a trial—wanted to be the lead lawyer on the case arguing in front of the jury. But this was never the way she envisioned it. She did the only thing she felt she could do. She started driving and began to pray.

  **

  Stacey felt fabulous. She’d come into the office knowing that it was going to be a great day. After the party at Layton’s, she was more sure than ever of her decision.

  Her cell phone rang and she picked it up.

  “Stacey, it’s Sofia. I’ve been worried about you. I didn’t see you in church, and you haven’t answered any of my emails or texts.”

  Uh oh. She hadn’t quite decided how the best way to play this was. “Sorry, I’ve just been busy with work and school.”