The Empire State Cat's Christmas Gift

by Nic Tatano

  Spence stood up. “Your honor, I don’t see what that has to do with this case.”

  “Mr. Capshaw, this case centers on the exact same argument of your previous two cases. You know the playbook for both sides and are familiar with the laws regarding work product. This case is not at all complicated and has a very short witness list. Therefore, I will give you three days to go over the depositions and prepare yourself.” She turned to the defendant. “Mr. Brent, nice try.”

  Tish’s jaw dropped as Spence shook his head. “Your honor, if you say this is not a complicated case then Mr. Brent’s staff attorneys can handle—”

  “Mr. Capshaw, that point is moot since the defendant will not agree to use his own attorneys and I’m not going to delay this case any longer than I have to. Sorry, but…tag, you’re it. Court accepts Mr. Capshaw as attorney for the defendant. Trial to begin Friday morning at nine o’clock sharp.” She swung her gavel. “Court is in recess.”

  Spence moved forward a few steps. “Your honor…”

  The judge ignored him and quickly left the courtroom.

  He turned to Tish. “We need to talk.”

  CHAPTER TWENTY-TWO

  Spencer held the door for Tish, then closed it as they entered one of the meeting rooms across the hall from the courtroom. He threw his briefcase onto a chair. “I don’t believe this.”

  “Neither do I.”

  He shook his head. “We’ve gotta tell her.”

  “Tell who?”

  “Judge Winston.”

  “Tell her what?”

  “That we’re dating. I can’t go up against a woman I’m in— I just can’t.”

  “We can’t tell her. No way.”

  “But Tish—”

  “She’ll take you off the case and since Brent won’t agree to use his guys he gets the delay he obviously wanted. He wins. And my client doesn’t have any more time to wait. He’s using the classic strategy. Delay, deny and hope they die.”

  “I just met the guy and I already can’t stand him. And everyone knows he’s wrong. How the hell am I supposed to represent someone who I don’t believe in…and against you?”

  “You have to. If you don’t, Brent gets exactly what he wanted. And you have to give it your best shot. If he even suspects you’re tanking it he’ll appeal and claim he didn’t receive adequate representation.”

  He bit his lower lip as he looked at her. “Tish—”

  “He can’t even sense that we know each other. So don’t you dare give this case anything but your best otherwise he wins. And don’t you dare do anything to let me win.”

  He dropped his voice to a whisper. “I would never insult you like that, Tish. But I want you to win.”

  “You cannot even think that and for God’s sake, don’t ever say it again. Spence, I’m sorry we’re stuck in this horrible no-win situation, but there’s no way out of it.”

  He exhaled and shook his head. “We need to get away from here. Can we talk about this tonight at dinner? I’ve got reservations—”

  “Spence, we can’t see each other until this thing is over.”

  “Huh?”

  “There’s a media horde outside, probably following us when we leave. Do you have any idea what would happen if someone spotted us together in a restaurant?”

  “Fine, come over to my place.”

  “Still too risky. Reporters were staking out my hotel this morning. I had to run through a gauntlet just to get out the front door.”

  “So, what, we’re on some sort of dating hiatus?”

  “Until this is over. I suggest you use the little time you have to read those depositions and get ready.”

  “I, uh, don’t have to read them.”

  “Dammit, Spence, don’t you dare phone it in!”

  “I don’t have to read them because I already heard them.”

  She furrowed her brow. “Excuse me?”

  “My office shares an air vent with the conference room. I heard everything.”

  “We agreed not to talk about the case.”

  “And we didn’t talk about it. I’m sorry, I couldn’t resist listening in.”

  She glared at him and folded her arms. “You said you weren’t going to do any more work on the case.”

  “I didn’t do any work, I listened in. Tish, you were amazing.”

  “That’s beside the point. So you are familiar with the case even though you haven’t worked on it.”

  “Pretty much. And I actually have had two very similar cases involving work product.”

  “Anything else you aren’t telling me?”

  “No. Dammit, Tish, I can’t believe Brent wanted me.”

  “He obviously came up with the plan after he found out about Ariel being hospitalized. But I’m sure he never expected the judge to actually stick you with the case. The only reasonable explanation is that he assumed he would get the long continuance.”

  “It doesn’t matter, Tish. It’s killing me that I have to fight my girlfriend in court.”

  She moved closer and locked eyes with him. “And you’d better bring your A-game, Mister, ‘cause I’m bringing mine. We have to do this or Brent wins.”

  *

  Tish stormed into her office, blowing past Shelley. “Tish, you’re back already? What happened?”

  She started to slam her briefcase but saw Socks on her desk and remembered how she’d scared the poor thing the last time she got angry. She placed it on the credenza and plopped down into the chair behind her desk. “Sonofabitch!”

  “Why are you back so soon?”

  “Since Ariel is in the hospital the trial hasn’t started yet and won’t start till Friday. And guess who is now representing Peter Brent?”

  “Who?”

  “Spence.”

  Shelley’s jaw dropped as she sat opposite Tish. “How the hell did that happen?”

  Tish picked up the cat, put Socks on her lap and told her the story. “So you see, there’s no way out of this. I’ve gone over every possible scenario, and nothing works. Oh, and get this… Spence heard all the depositions through the air vent in his office.”

  “What is it about you two and air vents? Damn, Tish, what are you gonna do?”

  “I’ve gotta win this case. But that’s not what worries me.”

  “What then?”

  “You know how ruthless I can be in court. I’m worried that going up against Spence I’ll hurt him somehow and our relationship will never be the same.”

  *

  Ariel was watching television from her hospital bed as Spence entered her room carrying a bag of snacks. She turned to him and shook her head. “What the hell happened? I just saw it on the court channel.”

  He sat on the edge of her bed. “Your cousin sandbagged me. And now I’m stuck going up against my girlfriend.”

  She took his hand and gave it a squeeze. “Damn, I am so sorry.”

  “It’s not your fault that your relative is a conniving scumbag.”

  “Like I said, he didn’t used to be that way. Money does strange things to people. I hate that you’re in a no-win situation like this.”

  “Friggin’ Kobayashi Maru.”

  “Who’s that?”

  “Not a who, it’s a what. It’s the no-win scenario in a Star Trek movie that they put the cadets through at Starfleet Academy. Captain Kirk re-programs the simulation computer so he can beat it.”

  “Oh, yeah, now I remember. But look, don’t think of it that way. Focus on the fact that when the trial’s over you and Tish can get back together and pick up where you left off.”

  “I’m just worried about the damage this trial will do to our relationship. We’ve been able to separate work and our personal lives so far. I mean, we never talk about the law or our cases. But now…we’ll be in every newspaper in the country as adversaries.”

  “But you just said you’ve been able to separate work and personal stuff.”

  “That was before I was on the case. The problem is work could get
personal this time. Ariel, you should have seen the look she gave me in the meeting room. She was not pleased when I told her I didn’t need to read the depositions since I’d already heard them. Now I know why they call her Jaws. She looked at me like I was the prey.”

  “I think you’re over-reacting.”

  “Maybe so. But that sweet woman who has me smitten was nowhere to be found. The girlfriend previously known as Tish has left the building.”

  “She’s there, the woman is simply very passionate about her work. You’ve seen her in action, you know how important it is for her to win this case and how much she cares for her client. Let’s face it, that woman got screwed big time and she’s desperate.”

  “I sure hope that’s all it is. Tish got upset when I said I wanted her to win.”

  “Spence, you shouldn’t have said that. You can’t give her the impression that you’re letting her win.”

  “I know, and she raised a good point when she said Brent will appeal if I don’t give him my best effort. Oh, and get this. We’re leaving the courtroom and I’m assuming he’s ticked off about his ploy to get a continuance not working. He grabs my arm and tells me not to worry, that juries love him. I’ve never met such an egomaniac. I don’t think the guy realizes how much people dislike him right now.”

  “Yeah, they showed some video from his corporate headquarters. Lot of people protesting and the only things missing were torches and pitchforks.”

  “Hey, it’s New York, it could happen. Give it time.”

  “Y’know, I can’t believe Peter is the same person who put me through law school. He really changed when he started doing those TV presentations whenever he rolled out a new product. The fame went right to his head. He thinks he’s the next Steve Jobs.”

  “I think he’s closer to the next Lord Voldemort.”

  *

  Shelley tapped on the door. “Why don’t you go home, Tish, it’s seven o’clock.”

  “Trial starts tomorrow. Just polishing up my opening statement.”

  “You were ready with that on Monday.”

  “That was before Spence became Brent’s attorney. I’ve been going through the transcripts of his two work product cases. Damn, Shelley, he was incredible in both of them. He’s gonna be a tough opponent and he did some things I didn’t anticipate. At least now I know what he’s probably going to throw at my client tomorrow.”

  “Well, don’t stay up too late. It’s been a long, stressful week and you need a good night’s rest.”

  “I haven’t had one all week. Going to bed early won’t help.”

  “Then try wine.”

  “That hasn’t worked either. Really could use that massage therapist Spence sent over.”

  “After you win a big settlement you can put her on retainer.”

  “Hell, I’d put her on staff.”

  “Well, for now you should concentrate on the fact that it will be over soon and you guys can pick things up where you left off. Just in time for Christmas. He’s going to love the gift you got him.”

  She slowly nodded. “I just hope there are no hard feelings when it’s over.”

  “You think you can handle going up against Spence?”

  “I’m more worried about what he’ll think of me. You know damn well I can’t dial it down in a courtroom.”

  “He wouldn’t expect you to, Tish. Remember, he’s seen you in action before and in law school.”

  “I know, but I can get pretty vicious and go for the throat. And I’m already in great white shark mode. I hope he won’t take it personally.”

  “He won’t. And guess what? He’s probably thinking the exact same thing. So make sure you don’t take anything he might do personally.”

  Tish was almost finished reading by eight. Socks was curled up on her lap, fast asleep.

  And then she heard it. Coming through the air vent.

  The sound of Spence shaking the bag of cat treats.

  Socks immediately woke up, ears trained toward the vent. She started to jump but Tish held her in place. “I’ve got treats for you here, kitty. Besides, I need you right now.”

  She went back to reading.

  Then she heard it again.

  Along with his voice.

  “C’mon Socks, time for your treats. Kitty, kitty, kitty…”

  This time Socks struggled to get away but Tish held her down.

  “Socks, where are you?”

  Tish shook her head and yelled toward the vent. “She’s with me tonight.”

  Long pause. “You shouldn’t deprive her of her nightly treats.”

  “She has treats right here.”

  He shook the bag again.

  She rolled her eyes. “I don’t believe this.”

  Socks narrowed her eyes at Tish and let out a low throaty growl.

  Tish let the cat go. “Fine. Ditch me for food. I see you have your priorities.” Socks jumped from her lap and headed into the vent. Tish got up and moved toward the bookcase. “Send her right back.”

  “I’ll try, but she doesn’t understand English. Awww, there you are, pretty kitty. How are things in the cat world?”

  “Why don’t you get your own cat?”

  “I can’t help it if this one likes me. And I’m all alone here with my partner in the hospital.”

  And then a third voice came through the vent.

  “I’m all alone here too trying to get work done and I gotta listen to two people have a conversation through a heating duct? Youse guys ever hear of a friggin’ telephone?”

  CHAPTER TWENTY-THREE

  Tish stopped at her office door and took the hands of her client as they prepared to head to the courthouse. “Remember, head held high, show no fear. You did nothing wrong.”

  “I know, but inside I’m going to be a wreck. I’ve never been involved with anything like this. I’m worried I’m going to be terrified on the witness stand with all those people watching. At least there are no cameras in the courtroom.”

  “Well, keep in mind that most of the people there are reporters who are on our side. Here’s one thing you can do… When I’m asking questions, pretend we’re the only people in the room. Talk to me and not the crowd. Focus on me. And remember, you already know every question I’m going to ask you.”

  “What about when the other attorney asks questions? I don’t know what those will be.”

  “Well, we went over a lot of stuff he is likely to ask. But it’s the same deal, you’re talking to him, not the whole room. Don’t be afraid. He’s a really decent human being. I seriously doubt he’ll do anything that crosses the line.”

  “Let’s hope so.”

  Tish looked at her watch. “Okay, time to go. Remember, I’m in your corner and I will fight like hell for you. Nobody will stand in my way. Nobody.”

  Spencer entered the courtroom trailed by Peter Brent and saw that Tish and her client had already arrived. The courtroom was loaded with media people, so he tried to avoid eye contact as he made his way down the aisle.

  Tish turned to face him as he arrived at his table. “Good morning, Mr. Capshaw.”

  He studied her face and didn’t even see a glint of recognition.

  Is she pretending that she doesn’t know me at all so Brent won’t suspect anything?

  Or has she actually turned into a blue-eyed gunslinger?

  He decided it was best to play along. “Morning, Ms. McKenna.”

  “I trust you will keep things civil.”

  “I always do.” He gave her a slight smile.

  And received the death stare through her thick glasses. “Let’s hope so. To do otherwise would not be advisable.” She turned away and sat down next to her client.

  Shit.

  I’m in love with the female version of Dr. Jekyll and Mr. Hyde.

  Tish noted her client looked terrified so she reached over and gave her hand a gentle squeeze. The crowd quieted down as Judge Rebecca Winston entered the courtroom, took her seat on the bench and gestured toward
the crowd to be seated. “Good morning. Before we get started I want to set some ground rules as I realize this is a very high profile case that has basically been turned into a media circus, and I note many of those in the gallery are members of said circus. So let me say right off the bat that this court will not stand for any outbursts during the trial. No chatter either. If I hear a cell phone go off or see someone texting, your phone will be confiscated and dropped in this nice pitcher of water I have up here. So I want you all to behave like you’re in a 1950s Catholic school and I’m Sister Mary Hatchetface.” She turned toward the attorneys. “Okay, Ms. McKenna, are you ready for trial?”

  “Yes, your honor,” Tish replied.

  “Mr. Capshaw.”

  “Yes, Judge Winston.”

  “Excellent. I trust both of you will maintain a sense of decorum during these proceedings and keep things moving as I know everyone involved would like to have this wrapped up by Christmas. Ms. McKenna, you may proceed with your opening statement.”

  Tish stood up and headed toward the jury. “Thank you, your honor.” She reached the jury box and rested her hands on the rail. “Good morning. My name is Tish McKenna and I’m representing the plaintiff in this case, Cynthia Riggs. As Judge Winston just stated, this is a very high profile case and has attracted a ton of media attention. I’m sure you have already heard both sides of the story. And many of you know the defendant from his appearances on television. But even if there were not a single reporter in the courtroom today and this case had gotten no media coverage, it still comes down to the facts, not what you’ve read in the papers or seen on TV. And the facts I will present to you are quite clear. The most important fact that the defense will not be able to refute is that my client invented an amazing product on her own time using her own money after pitching the idea to Peter Brent and being laughed at. And then her former employer, Brent Industries, stole it. The defendant, Peter Brent, is nothing more than a white collar thief, no different than a pickpocket in Manhattan who would steal your wallet and not bat an eye. Upon first hearing of Cynthia’s amazing idea, he told her it was ridiculous and a waste of time. Since he obviously didn’t want it, she worked on it on her own because she believed in the idea. Now, after developing the prototype she could have patented the thing and tried to sell it to the highest bidder. Instead, she demonstrated it for Mr. Brent, hoping for a share of the profits. But only after she showed it to him did he decide it was to his financial benefit to market it. He didn’t offer to buy it or share in the profits. He simply classified it as work product and stole it. That’s a phrase you’ll hear a lot in this trial. Work product. It means that when you work for a company anything you might come up with on company time and using company resources belongs to the company. But in this case, Cynthia got the idea while on vacation, built it herself because the boss thought it was a stupid idea, and spent her own funds to develop it. Then, Mr. Brent, like the boy in high school who wasn’t interested in the ugly girl until she got her braces off and turned into a swan, had to have it.”