by Nic Tatano
“No, and stop asking.”
“Right, you don’t kiss and tell. I’ll be able to tell from your face anyway when it does happen.”
“Huh?”
“You glow like a pregnant woman after you sleep with someone.”
“Seriously?”
“I won’t need a lie detector when you and Tish finally hook up. But your face already tells me one thing.”
“What?”
“Whenever you talk about her, you light up like I’ve never seen you. You have moved beyond smitten. You’re in love, dear partner.”
“Not quite there yet, but close. She’s an amazing woman.”
Ariel patted him on the cheek. “Well, whatever this is, it’s a good look for you. Ride the wave, sweetie. From what you’ve told me she’s perfect for you. And even though I barely know her and her taste in men, I have a feeling you’re perfect for her. Well, gotta go and get a dozen jurors who will love Peter Brent, since he says all juries love him.” She headed for the door.
“You’ll have better luck finding Jimmy Hoffa.”
“And Hoffa would be more likable.” Ariel left as Spencer walked to his office.
And then it hit him.
Brent had won every lawsuit. And thought juries loved him.
It was time to find out why.
He pulled the wrinkled business card from his wallet and dialed the number.
He knew if anyone could find out, his friend from the old neighborhood could.
CHAPTER TWENTY
One week later…
Spencer felt bored on Saturday night with Tish out of town for the whole weekend at a family reunion in Florida.
He missed her.
And then he remembered something a happily married friend had once told him.
Love isn’t about finding someone you can live with, but someone you can’t live without.
Right now, he was having a problem without Tish in his life, if even for a few days.
The phone rang, jolting him out of his deep thoughts. He looked at the caller ID, not recognizing the number, and decided to answer the call. “Hello?”
“This is Trooper Carpenter with the New York State Police calling for Spencer Capshaw.”
He rolled his eyes. Damn, telemarketers don’t even take the weekend off. He knew con artists loved collecting money in the name of police officers. “I don’t donate money over the phone, just send me something in the mail—”
“Mr. Capshaw, I’m calling because you’re listed as an emergency contact for Ariel Nix.”
His eyes widened as he stood up. “Oh my God, is she okay?”
“There’s been a bad accident.”
A few hours later a doctor entered the hospital waiting room and looked out at the crowd. “Nix?”
Spencer jumped up and raised his hand. “Right here.”
The doctor moved forward. “She’s going to be okay. A broken leg, some bruising to her internal organs, whiplash and a collapsed lung, but she’s out of danger. It will be awhile before she’s able to get around on her own. She’s going to need a lot of rest and support. But she will fully recover.”
“Thank God. Can I see her?”
“She’s being moved to a private room. Give us about an hour and then you can visit for a little while.”
Spencer entered Ariel’s room carrying some flowers he’d bought in the hospital gift shop. Her eyes were droopy but she managed a smile as she spotted him. “Hey.”
He sat on the edge of her bed and took her hand. “Doctor says you’ll be fine. How are you feeling?”
“Like I’ve been run over by a truck. Which I have.”
“It was a drunk driver and he’s locked up. I already called my friend in the District Attorney’s office so they’ll throw the book at him. The State Trooper said it was a miracle you weren’t killed.”
“Hey, I couldn’t check out before finding out how you and Tish end up. Were you out with her? I’m sorry to ruin your weekend.”
“She’s out of town all weekend. And right now you’re my top priority.”
She squeezed his hand. “That’s why you’re such a good catch. You always take such good care of me.”
Her eyes flickered a bit. “You’re fading, kiddo. You need sleep. I’ll come back first thing in the morning.”
“Oh-kay…” Her eyes closed and she fell asleep.
*
Ariel was already up as Spence arrived the next morning. “Well, you’re back among the living.”
“Not quite, but better than last night. Sorry I nodded off while you were here.”
“You needed it. Sleep well?”
“Yeah, the meds knocked me out. But I’m incredibly sore.”
“Doctor been by to see you yet?”
“He said it will be a while before I’ll be back in a courtroom.” She reached for a container of orange juice on her tray. She grimaced as her hand shook.
“I’ll get it.” Spencer grabbed the container, put a straw in it and held it to her lips.
She took a long drink. “Thanks, you’ll make a good wife.”
“I can tell your personality has already recovered.”
“You can’t kill snark. Anyway, speaking of my returning to the courtroom, you’ll need to go in for me tomorrow and ask Judge Winston for a continuance. Probably four months till I’m back to normal.”
“I figured as much. Dammit, I was hoping all this would go away before Christmas.”
“So was I.”
“Y’know, maybe this is a way for Brent to use someone else. It’s a legitimate excuse for you to get out of the case. Maybe we should tell him it will be longer than four months. How about a year?”
“Not a bad idea. The two attorneys from his legal department have been working with me and are familiar with the case. Either one of them could do it. Considering he wanted to make this all go away as quickly as possible, that’s a great option.”
“I’ll try to sell it.”
“Let me call him first. Oh, and you’d better tell Tish before she finds out in the courtroom, or she’ll be ticked off like the last time. She needs to be the first to know.”
“I’m heading to the airport to pick her up today anyway. I’ll tell her then.”
*
Tish spotted Spence at the security checkpoint holding a hand-written sign.
Girlfriend.
“Awww, how cute.” She waved and he saw her, then she picked up the pace as she pulled her carry-on bag behind her.
Nice to have a boyfriend pick you up at the airport instead of getting a cab.
He gave her a warm smile as he waited, then extended his arms as she reached him and gave her a strong hug. “Welcome home. I missed you.”
“Spence, I was only gone for the weekend.”
“The correct response is I missed you too.”
“Sorry. I missed you too.”
He looked up at the ceiling, nose in the air. “Too late, the moment has passed.”
“Okay, I really, really missed you.”
“Much better.”
“Oh, I love your sign. Very sweet.”
He glanced at his watch, then looked over her shoulder. “I think I got my wires crossed and my girlfriend must be on another flight.”
“Smartass.” She pointed at his wrist. “Another cool watch. I haven’t seen that one.”
“Forty bucks in a pawn shop. Best place to find stuff like this.”
Hmmm… great idea for a Christmas present…
He reached for her bag and grabbed the handle. “C’mon. Baggage claim is that way.”
“I didn’t check anything. I’ll be damned if I’m going to pay the airline fifty bucks when I can get everything I need in a carry-on.”
“Oh my God, a woman who travels light. Every man’s dream.”
She playfully slapped him on the arm as they started walking toward the exit. “Hey, I’m a practical girl.” She noted his face suddenly turned serious. “What’s wrong?”
“Got some bad news this weekend. Ariel was in a traffic accident and is in the hospital.”
“Oh my God, is she okay?”
“Broken leg, collapsed lung and internal bruising, among other things, but she’ll be out of commission for several months.”
“Poor thing. Anything I can do?”
“Well, right now you and I have to deal with the obvious.”
The realization hit her and she slowed down. “Oh, shit. The trial starts tomorrow.”
“I talked to her this morning and we have a plan. See what you think of this. Two attorneys from Brent’s legal department have been assisting Ariel and are familiar with everything, so tomorrow I’m going before Judge Winston to ask for a continuance of a few days and then tell Brent he either has to use his own guys or wait till next year to resolve this.”
Tish grabbed his forearm and stopped walking. “Suppose Brent doesn’t go for it? Spence, my client can’t wait any longer. She invented the thing more than two years ago. And she has serious health issues.”
“I know, but Ariel thinks he’ll want this to be over as much as your client. Who the hell knows, maybe without Ariel as his attorney he’ll even offer to settle.”
She started walking again. “That’s a lot of variables.”
“Well, Ariel is going to give Brent a call today, and then I’ll talk to him, so hopefully he’ll be on board. Thank goodness I haven’t done any more work on this case or he’d want me to represent him.”
She wrapped one arm around his waist. “Why is everything so difficult when it comes to this case? And why do we have to be caught in the middle?”
“I don’t know. It’s the opposite of stars aligning. But for right now, how about we take our minds off it and do something fun.”
“Not sure if it’s possible to get it out of my head, but let’s take a shot.”
*
It didn’t work.
Tish crawled into bed in Madison’s guest room and patted the mattress. “C’mere, Socks. Your person needs you.” The cat jumped on the bed and lay down on her chest, giving Tish her usual look that went right into her soul.
She hadn’t gotten the trial out of her head, and neither had Spence.
They’d tried. An afternoon matinee of what was supposed to be the funniest movie of the year only got a few chuckles, as they were unable to concentrate on anything else. A walk in Central Park and a casual dinner hadn’t helped either. They’d ended the night with a strong hug, Spence stroking her hair, trying to assure her everything would be all right.
Still, she knew all sorts of things could go wrong.
Morning couldn’t come fast enough.
Problem was, she couldn’t sleep.
CHAPTER TWENTY-ONE
Tish noted a pained expression on Spence’s face as he entered the courtroom at a few minutes before nine, trailed by Peter Brent. She moved forward to meet him and lowered her voice. “What’s wrong?”
He shook his head, jaw clenched. “You are not going to believe this.”
“What?”
“Brent wants—”
“All rise! Court is now in session. The honorable Rebecca Winston presiding.”
Spence lowered his voice. “You’ll find out in a minute.”
Her blood pressure spiked. A flood of anxiety washed over Tish in an instant.
The judge made her way to the bench. “Be seated.” She turned toward Spence and furrowed her brow. “Good morning. I don’t see Ms. Nix. Where is counsel for the defendant, Mr. Capshaw?”
Spence stood up. “Your honor, my partner was in a serious traffic accident this weekend and is currently hospitalized.”
“Is she all right?”
“She suffered some bad injuries but she will recover. However, it will be several months before she will be back to work.”
The judge shook her head. “I see. Please convey my wishes that she get well.”
“I will, your honor.”
“In the meantime, I assume you are here to ask for a continuance.”
“Just a few days, your honor.”
“I thought you said Ms. Nix would be out of commission for months.”
Brent stood up. “Your honor, I would like Mr. Capshaw to represent me.”
Tish’s jaw dropped. Oh dear God, no…
The judge glared at the defendant. “Sit down, Mr. Brent. You may be the CEO of a major company, but you will speak when spoken to in my kingdom, and I’m the queen of this castle. Clear?”
“Yes, ma’am.”
“And don’t call me ma’am. I’m not that old.”
“Yes…m…your honor.”
She turned to Spence. “Are you prepared to represent the defendant, Mr. Capshaw?”
“No, your honor. My partner has been assisted by two attorneys from Mr. Brent’s corporate law department, and she suggested that he would be well represented by either of them. Mr. Brent agreed that was the best course of action last night when he spoke with Ms. Nix.”
“Did you know Mr. Brent actually wanted you to represent him?”
“No. He told me about five minutes ago, your honor. And other than giving Ms. Nix my files and notes from two similar cases, I haven’t done any work on the case.”
She turned to the defendant. “Mr. Brent, what’s the deal? If you’ve got two attorneys from your company’s legal department and they have been working on the case, it makes no sense that you would want Mr. Capshaw’s representation.”
“Your honor, it just hit me this morning that the lawyers from my legal department are not as experienced as Mr. Capshaw is as a litigator, and Ms. Nix has told me he is an excellent attorney.”
“That may be true from what I’ve seen in my courtroom, but the fact remains he has not done any work on your case.”
“I don’t care. It’s a simple case, he’s handled two lawsuits involving work product before and his partner told me he had provided information to her. I will not agree to anyone else.”
Spence glared at Brent.
The judge rolled her eyes. “Okay, I want both attorneys in my chambers, now.”
Tish looked at Spence as they followed the judge and mouthed, “What should we do?”
He shrugged as they entered her chambers and shut the door.
Judge Winston took a seat behind her desk. “Okay, Mr. Capshaw, what the hell is going on?”
“As I said, your honor, I thought we had this all resolved yesterday. My partner and I called Brent from the hospital and suggested he use the attorneys from his legal department. I met with him earlier this morning and he was on board. I just came to ask you for a continuance of a few days so they could prepare. Then as we’re walking into the courtroom he tells me he’s changed his mind and wants me to take the lead. He said his staff attorneys don’t have enough experience as litigators and he won’t agree to them.”
She slowly nodded. “And you really haven’t done anything to help your partner with this case besides telling her about the cases you worked?”
Spence shook his head. “No, your honor. I had never even talked to Mister Brent until yesterday.”
“Dammit. Jury selection took forever last week and I have no desire to go through that again. Trying to find people who hadn’t heard about this case was nearly impossible.” She turned to Tish. “Your thoughts, Ms. McKenna?”
“Your honor, I think this is obviously another stall tactic by Mr. Brent. My client has already waited a few years to bring this to trial. And she has personal issues.”
“Can you be more specific?”
“She’s dying, your honor, and she was hoping for either a settlement or to win this case before…so she can afford the medical care she needs to save her life. Either way, she wants it resolved. Making her wait several months until Ms. Nix is well would be a real hardship for her and the stress isn’t doing her any good as she fights for her life. I’m not saying she’s counting on winning—”
“I read the papers, Ms. McKenna. This case does look
like a slam dunk for you.”
“There won’t be a case if Brent delays it long enough because she won’t be alive to sue him.”
The judge’s eyes turned sad. “Okay, give me an hour to figure something out. Because I want this damn media circus off my docket as much as you guys, and this doesn’t need to drag out past Christmas for the poor woman. In the meantime, you two use this time and see if you can work out a settlement to get us all off the hook.”
*
Judge Winston returned and took a seat. “Will both attorneys please approach the bench.”
Tish and Spence moved toward her as she put her hand over the microphone. “Were you able to work out a settlement?”
Spence shook his head. “Brent won’t budge. And the amount Ms. McKenna asked for was very reasonable. He’s dug in on not using his own attorneys as well.”
She shook her head and exhaled. “I think Ms. McKenna is right. He’s stalling. Unfortunate. Very well. Step back.”
They headed back to their seats as the judge turned to Peter Brent. “Mr. Brent, do you refuse to use your own staff attorneys to represent you?”
Brent stood up and nodded. “Yes, your honor.”
“Do you fully understand that Mr. Capshaw has not done any work on your case other than giving notes and files to his partner?”
“Yes, your honor. But the attorneys from my legal department who have been working on it have very limited litigation experience and while they are brilliant researchers I do not believe they can provide the proper representation I need.”
She nodded. “I checked, and you are correct about their trial experience. However, if this is some tactic to have me grant a long continuance until Ms. Nix is well, it is not going to work. This trial will proceed with only a slight delay. You may be seated.”
Good. She’s going to force him to use his attorneys.
The judge turned to Spence. “Mr. Capshaw, while you have not done any real work on this case, I checked and saw that you have been the attorney of record in two other work product trials, once representing the corporation and once representing the employee. And you won both cases.”
Tish’s eyes widened. Oh, no, what is she doing? She can’t possibly—