The Trials of the Honorable F. Darcy

by Sara Angelini

  “In truth, Milton, I did want to ask you for some advice. May I pick your brain, off the record, of course?” Darcy asked as he swirled his drink, gazing at the dimly reflected cubes of ice.

  “Of course. May I assume that this is a theoretical situation?” Mr. Gardiner asked, assuring Darcy in so many words that their discussion would remain between them.

  “Yes.” Darcy took a swig of his drink, building his courage. “Let’s suppose a judge became interested in a lawyer who appears regularly before... her. What is your opinion on the ethical situation of a judge dating a lawyer?” he asked without looking at Mr. Gardiner.

  Mr. Gardiner thought for a moment.

  “It’s not completely unheard of but it is unusual. It would be very touchy; I think the judge would have to remove... herself... from all of that attorney’s cases, possibly from the cases of that attorney’s firm, unless the attorney willingly exempted... himself... from appearing before that judge.”

  Darcy nodded.

  “I thought as much. And when do you think removal is appropriate? Meaning at what stage of the relationship?” Darcy continued. Mr. Gardiner looked at him through lowered lids.

  “Well, that’s difficult to say but I would think as soon as the judge understands that there is a mutual, serious interest. Let’s say they go on a couple of dates but there’s no spark. I don’t think the judge would be obligated to remove himself. Let’s say a couple of dates becomes a couple of months; then I think the judge has an obligation to notify all concerned parties of the relationship and the possibility of a conflict. Then the parties can decide whether they want to waive the conflict. Most likely in that situation the attorney... himself... should not appear but someone from the firm may.”

  Darcy nodded.

  “And if it progresses beyond dating?” he asked. “What if they become intimate, serious?”

  Mr. Gardiner chuckled.

  “I don’t think there’s any doubt, the attorney may not appear before the judge. The firm will need to advise every one of the possible conflict and the parties can determine whether to strike the judge from the case. In no circumstances should that attorney be trying cases before the judge; even if the judge could maintain impartiality, the appearance of conflict would be overwhelming and would jeopardize every case. Now, Darcy, do you want to tell me what’s going on? Knowing that Judge Clayton is married, I highly doubt she is dating one of the attorneys appearing before her.” Mr. Gardiner was ready for some juicy gossip about Darcy’s love life and leaned forward eagerly.

  Darcy sighed and put his glass down.

  “If I remove myself, I would need to disclose the relationship. I would prefer that the attorney involved voluntarily withdraw from my cases to avoid any questions,” he said. “While I believe I have remained impartial, I see your point. I think it is early enough in the relationship to pass unnoticed if she were to stop appearing before me now.” Darcy raised his eyes to Mr. Gardiner. Mr. Gardiner waited expectantly.

  “Will you reassign Elizabeth’s cases before me to other attorneys in your office?” Darcy asked quietly. Mr. Gardiner’s gaze remained expectant, until realization sunk in.

  “Elizabeth?” he said quietly. Darcy nodded. “That can’t be... she hates you.”

  Darcy grimaced. “We did get off on the wrong foot but it took a turn for the better.”

  “When... when did this happen?” Mr. Gardiner choked out.

  “We met at the seminar in London. We became involved and I am finding it very difficult not to maintain that relationship now that we are back.”

  Mr. Gardiner blew out a breath. “Darcy, I am disappointed in you,” he said quietly. “I thought you had more self-control.” The criticism stung Darcy. He took a deep breath.

  “Milton, you know that I am not an impulsive man. I am very serious about her. I have considered the implications of our relationship carefully and have decided that the relationship is important enough to ask you this favor.” Mr. Gardiner nodded slowly.

  “Does she feel the same?”

  “I cannot get from her that she does nor does she say she doesn’t. She is unwilling to strike me as the judge on all of her cases, in part because it would look suspicious. I felt that if perhaps you were able to rearrange her trials then it would ease the transition.”

  “This may have implications beyond my current attorneys,” Mr. Gardiner said slowly. “The deBourgh buy-out may be affected if the entire firm is prohibited from appearing before you.”

  Darcy swore.

  “Then it must be done immediately,” he said. “I won’t have your retirement affected by this.”

  “Elizabeth is a headstrong girl; she won’t take kindly to my rearranging her cases without an explanation,” Mr. Gardiner said. Darcy winced.

  “She will be angry to know that I spoke with you,” he said.

  “Nevertheless, I won’t do it without her consent,” Mr. Gardiner replied.

  “And if she refuses?”

  “Then you will have to remove yourself voluntarily from her cases,” Mr. Gardiner answered simply.

  “And then it’s possible all of her prior cases could come into question,” Darcy finished. He ran a hand through his hair. “God, I’m sorry Milton. I’ve made a total mess of it.”

  “Does anyone else know?” Mr. Gardiner asked.

  “Her sister and my best friend but no one else that I know of. They understand the situation and I am confident that they will reveal nothing; besides, they are not in the legal community.”

  “In any event, make certain they understand the importance of keeping this under their hats. Hopefully Elizabeth will see sense and agree not to appear before you.”

  Under different circumstances, Mr. Gardiner would be very pleased to see Elizabeth involved with Darcy; he admired and respected Darcy and was fond of Elizabeth. But under the present circumstances, things could go very, very badly if not handled correctly. For Darcy, for Elizabeth, even for himself.

  ***

  The next afternoon, Mr. Gardiner approached Elizabeth and asked her to come to his office. He closed the door behind them and gestured her to take a seat on the leather sofa in his office. He sat next to her.

  “Elizabeth, I understand that you are having some trouble with Judge Darcy,” he began delicately.

  “We do have our arguments,” she murmured, looking into her lap in what she hoped looked like contrition and not avoidance.

  “It has been suggested that perhaps it is better that you not appear before him,” he said softly. Does he know? she thought.

  “Who has suggested that?” she asked.

  Mr. Gardiner sighed. “He has.”

  She felt a flush creep up her neck to her cheeks.

  “Did he say why?” she asked.

  “He did. Elizabeth, you are both playing a dangerous game.”

  “We aren’t. I ended it, he just won’t accept it,” she replied. She felt humiliated having this conversation with Mr. Gardiner. He took her hand.

  “Elizabeth, I am talking to you as a friend and surrogate father, not your boss. You cannot continue to appear before him; it puts everyone at risk. You can either voluntarily step aside from those cases or you can leave.”

  She spun her head around to face him.

  “You would fire me?” she cried. She loved him like her own father; she couldn’t believe he would kick her to the curb!

  “I wouldn’t but deBourgh would. My suggestion would be that you consider going to the San Diego office and do the hiring and training. That would give you some time away, to sort things out. If you really want to end it, it will give you the distance you need; if you don’t, then it will give you the distance you need for purposes of avoiding the conflict. When you come back, you could say you became involved during your absence and remove yourself without scandal and without questions about your prior cases.”

  “Damn him,” she swore. “I don’t have a choice, do I?”

  “As both your friend and yo
ur boss, I don’t think you do, unless you quit.” He squeezed her hand. “As long as I am here, there will be a place for you when you come back.”

  She nodded curtly.

  “When would I have to leave?” she asked.

  “I had planned to go next week. I can have your cases covered in the meantime, while you get your affairs in order.” She stood to leave.

  “Elizabeth, don’t be angry with him. He did what he thought was best, for both of you,” Mr. Gardiner said.

  She laughed mirthlessly. “Really? He refused to accept that I broke up with him, pushed me out of a job I love, and is forcing me to relocate to San Diego. How thoughtful of him! How shall I ever repay such kindness?”

  She stormed from Mr. Gardiner’s office and back to her own. She paced in her office. It was nearly five o’clock. Darcy would likely still be there. She strode to the elevator and punched the button. She angrily walked toward his office. His secretary was still there.

  “Is Judge Darcy still in?” Elizabeth asked, perhaps too forcefully. His secretary looked up at her, surprised.

  “Is he expecting you?” she asked, reaching toward the phone.

  “He ought to be,” Elizabeth fumed and walked toward his door without waiting for his secretary to call him. She swung open the door and slammed it behind her. He looked up from his desk, surprised. Over his phone intercom, his secretary was saying “Miss Bennet is on her way to see you.”

  “Thank you,” he said and punched off the intercom. He stood and walked toward her.

  She stood before him, hands on hips, cheeks flaring. She looked ready to do battle.

  “What’s wrong?” he asked cautiously. This did not look good.

  “What’s wrong? Well, since you asked so nicely, I’m relocating to San Diego. Happy?” she replied tightly.

  “What?!” he exclaimed. He took a few steps closer to her.

  “Yes, Mr. Gardiner felt it would be prudent to get a few miles between us. Thank you so much for revealing my most private details to my boss!”

  “You can’t go! You quit, right?”

  “Don’t be absurd! Of course I didn’t quit. I just said I’m relocating to San Diego, are you deaf?”

  Darcy felt his own anger rising.

  “I asked him to take you off my cases!”

  “Congratulations, you succeeded!”

  “You don’t have to go.”

  “Yes, I do.” Suddenly, Elizabeth’s energy waned. She wanted to cry. She pressed her fingers on her forehead.

  Darcy closed the space between them.

  “Is this what you want, Elizabeth? Do you really want it to end?”

  She leaned against the door and looked toward the ceiling. “I don’t know what I want anymore.”

  “Doesn’t it mean anything to you that I love you?” he asked. He put his arms on either side of her against the door. She could smell that mossy scent again and it threatened to lull her back into his arms. She fought it.

  “You love me? Since when? Since you got me transferred?” she said tiredly.

  “I told you that I loved you in England,” he said quietly. He was hurt that she was throwing this back in his face.

  She turned her head away from him and laughed. “Yes, once when you were drunk and once during sex. How am I supposed to take that seriously?”

  “I told you I would never lie to you!”

  “I didn’t think you were lying; I just didn’t think you meant it. Would it kill you to say it over dinner?”

  “I’m saying it now. I love you.” She didn’t answer. He felt a little frost creeping over his heart.

  “Lizzy, do you love me?” he asked quietly. She looked away.

  “Elizabeth, do you love me?” he raised his voice, beginning to feel himself spiral out of control into anger and confusion. She looked down but did not answer.

  “Do you love me?” he shouted at her.

  “Yes!” she shouted back.

  “Then tell me, dammit!” he shouted, pounding his hands on the door on either side of her for emphasis.

  “What difference does it make?” she shouted. She pushed him in the chest, freeing herself from the enclosure of his arms. She turned her back to him and took a deep breath and pressed her fingers to her eyes, willing herself not to cry. “What difference does it make?” she whispered.

  Darcy put his arms around her from behind.

  “It makes a difference to me,” he said, hugging her. “All I want is to know you love me. Tell Milton that you won’t go to San Diego. Quit and we’ll find you a different job, one where we can be together without any problems.”

  Elizabeth pulled away from him and turned to face him.

  “You don’t get it, do you? I don’t want to find another job, I don’t want to quit, and I don’t want you running my life. I need to be away from you. I want to go.”

  He was speechless. His tongue had cleaved to the roof of his mouth, which had gone completely dry. She wanted to go?

  “This has gotten completely out of hand. We each need to move on,” she said, not believing a word she said, but not able to stop the words from tumbling from her mouth. She was furious with him, wanted to hurt him.

  “Move on?” he repeated stupidly.

  “I’ll be gone for several months setting up the office in San Diego. I think the drama of this affair has blown everything out of proportion. Maybe with a little distance, we can put this back into perspective.”

  “And then what?”

  “Then we can see if it can work.”

  He laughed humorlessly.

  “And in the meantime, I sit here twiddling my thumbs waiting for you to figure out what you want?” he retorted. She didn’t answer. He stared angrily at her.

  “I’m not asking you to wait for me,” she said finally. He made no response. After an uncomfortable silence she left. She marched past the unabashedly eavesdropping secretary and strode angrily to her car managing to drive home before she let her rage, frustration, and heartbreak flood forth.

  Darcy, on the other hand, was taking his anger out elsewhere. He marched angrily to the elevator and punched the button. He threw open the door to Gardiner & Associates and stormed directly to Milton’s office.

  “What did you do?” he said angrily, slamming the office door behind him. Mr. Gardiner turned in surprise. After a moment, Mr. Gardiner said,

  “I saved all of our careers and gave her some breathing space.”

  “You stabbed me in the back! I came to you for help!” Darcy fumed.

  “Stabbed you in the back! That’s rich! You sneak around, knowing you are in serious ethical violation and then expect me to dig you out? You nearly wreck my retirement? You force me to send one of my best attorneys away? I’m sorry, I’m not quite seeing the knife in your back!” Mr. Gardiner retorted.

  Darcy paced angrily, hundreds of angry retorts on his tongue but none of which rang true. Milton was right. He had botched this badly. He needed to calm down, to recalibrate his mind so that he could think straight.

  He sat wearily on Mr. Gardiner’s couch, where Elizabeth sat shortly before. Mr. Gardiner silently handed him a glass of scotch. Darcy waved it away.

  “I want you to understand that I am in love with her,” Darcy said quietly, his head in his hands. Mr. Gardiner felt pity for Darcy.

  “Then you need to give her this time. I have a feeling she will come back to you. But she’s angry right now and the more you push, the harder she will resist. You should know that by now. She is independent, some would say stubborn. But she is good at heart and she will figure it all out in her own time.”

  “And if she doesn’t?”

  “Well, then you will have to go after her and remind her why she fell in love with you in the first place.”

  Chapter 18

  Elizabeth again sought the comfort of Lou’s protection over the weekend. She had told him about the confrontations with Mr. Gardiner and Darcy in the briefest of terms and announced her transfer to San Die
go before bursting into tears. Over breakfast on Saturday, he tried to change her mind about going to San Diego without success.

  “Why are you going? You can just get a job at a different firm,” Lou asked earnestly.

  “I just can’t handle it right now. You saw me last night; I was a mess! It’s too much for me. I need to be away from him,” she answered. Lou didn’t need to ask who she meant by ‘him.’

  Elizabeth shrugged. “I’ll be in San Diego for several months setting everything up. I probably won’t come back too often on the weekends. You’ll come visit me, won’t you?”

  “Of course.”

  Based on what he was witnessing, Lou held Darcy in very low esteem. Having only Elizabeth’s guarded side of the story, it seemed as if Darcy had seduced Elizabeth in England and broken it off when they returned. While Lou could understand a fling, it also appeared that Darcy was confusing Elizabeth by not breaking it off completely, seducing her again, and then telling her boss about it. To Lou’s limited and, admittedly, prejudiced perspective, Darcy was manipulating Elizabeth for his own perverted ends. What those ends were, Lou could only guess.

  ***

  Lou helped Elizabeth arrange her hotel in San Diego and to pack the essentials she would need over the next few months. He advised her against calling Darcy. He agreed with her assessment that her relationship with Darcy had been nothing but a passing infatuation fuelled by a fairytale setting and mind blowing sex (never mind that he knew she didn’t believe a word of it). He took her to the airport on Tuesday and saw her off with a warm goodbye.

  Elizabeth adjusted to her new life quickly. She buried herself in work, often feeling completely overwhelmed. She had no idea what would be involved in setting up a new office: scouting real estate, meeting with contractors for office remodeling, hiring computer technicians and drafting contracts with each one. On more than one occasion she called Mr. Gardiner in a state of near-panic. During her first two weeks, she made very little progress.

  She tried to keep too busy to think of Darcy, but living in a small hotel room away from Jane and Lou gave her a long time to reflect. Although she was still angry with him, the distance and time were easing that anger into an ache of yearning to talk to him. But each time she picked up her cell phone to call him, she remembered her angry words to him and put the phone down. She had left it badly and didn’t yet have the courage to see what could be saved.