Gail Bowen - The Last Good Day

The name on the label made me blink. “Patsy Choi,” I said. “That case was three years ago. What does it have to do with Clare?”

“Stay tuned,” Linda said coolly. “I’ve had more than a few sleepless nights since we discovered the connection.”

“We all have,” Maggie Niewinski said. She still had the mop of blond curls she had in her law-school grad photo, but the shadows under her eyes were like bruises. It was clear she’d had her share of insomnia.

“And we know this is just the beginning,” Sandra Mikalonis, a graceful woman with a ponytail, added.

“You’re going to have to fill me in,” I said.

“Since I’m the one who dropped the ball on this, I’ll do it,” Linda said.

Maggie shook her curls vehemently. “No hair shirts,” she said. “We’ve agreed we all would have done exactly as you did.”

“Which was nothing,” Linda said quietly.

“Because no one asked you to do anything,” Maggie said.

“You’re still a terrier with a bone when you get an idea, aren’t you?” Linda said. “Maybe we should let the facts speak for themselves. Last year, just after the August long weekend, Clare called me. She’d stayed in Regina for the holiday. At that point, she’d been at Falconer Shreve about four months, and she thought the long weekend might be a good opportunity to stay at the office and do some homework.”

“Getting caught up on her files?” I asked.

Linda shook her head. “No. More just getting to understand the dynamics of the firm she was working for. Juniors are famously overworked. When you’re slaving away twelve hours a day, it’s hard to see where the snakes and ladders are, but if you’re going to get ahead you have to be able to tell an opportunity from a dead end. Anyway, most ambitious young lawyers, and Clare was… is… ambitious, would have used the time to read through the files of their principals’ more brilliant cases so they could drop a few fawning references to them later. But Clare’s background is in accounting, so she went straight to the trust ledgers. They, of course, have their own tale to tell.”

“Remind me about the trust ledgers,” I said.

“That’s where law firms keep records of their clients’ trust funds,” Anne Millar explained. “Monies paid in, monies taken out. Typically, monies taken out would be paid into general accounts to cover services from the firm. Any other withdrawal would require a written permission. In either case, there would be some sort of record in the file that the money had been transferred. At the end of every day, there’s a trust reconciliation – that’s just like balancing your chequebook. Everything has to be accounted for and justified.”

“You haven’t lost your skills as a seminar leader,” I said.

“A seminar leader!” Maggie gave Anne a mocking smile. “You didn’t tell us that on the drive out. I’ll bet you were a tough marker.”

A frown creased Linda’s brow. “Let’s keep our focus here,” she said. “Anyway, Clare was leafing through the trust ledgers and she came upon something that set off the alarm bells. She noticed that a number of trust funds were suddenly making substantial payments into general accounts, and they were making them repeatedly.”

“I’m guessing there were no permissions,” I said.

“Bingo,” Linda said. “No written record of any kind. A clear case of defalcation – messing with trust money. Anyway, the rest of the story is quickly told. All the payments were made during a six-week period. With Clare’s background in forensic accounting, she knew how to follow the money trail. She went to the files and discovered that the major case Falconer Shreve was handling at the time was the Patsy Choi case. It was a civil case, tort of assault, wrongful touching.”

“My God, the uncle deliberately broke the girl’s fingers,” I said.

“In the law, ‘wrongful touching’ was still the charge. The plaintiff, Patsy Choi, had to prove her damages, and it was not a slam dunk for her lawyer. Clare made copies of the notes to the case. The defence got great mileage out of the uncle’s philanthropy, the fact that as soon as he’d heard about Patsy’s talent as a violinist, he spared no expense in bringing her to Canada, giving her a home, paying for her lessons.”

“And then smashing her fingers with a hammer,” I said.

“Actually, it was a wooden mallet, the kind you use to tenderize meat,” Sandra Mikalonis said mildly. “The uncle was tenderizing a piece of round steak when Patsy announced that she didn’t want to practise any more – that she didn’t want to be a freak, she wanted to be a normal girl. The defence scored some points on that little outburst too.”

“But Patsy Choi ended up winning,” I said. “She got a huge settlement.”

Maggie snorted derisively. “Well, huge for Canada, and the appeal dragged on for a long time. But you’re right. In the end, Patsy won.”

Anne Millar gave a seminar leader’s summation. “The point is that Patsy Choi proved her damages because her lawyer hired an array of professional experts who he knew were plaintiff-friendly, and they did their job. An entertainment lawyer and an impresario put a dollar figure on Patsy’s loss of potential earnings. Three psychiatrists testified that she had suffered irreparable psychological damage when her fingers were broken. A partnership of psychologists who specialize in adolescents pointed out that no one would want to have their life determined by what they said during a tantrum when they were in their early teens. But expert testimony doesn’t come cheap.”

“And Patsy’s lawyer paid the experts out of the trust funds of Falconer Shreve clients,” I said.

“Bingo again,” Sandra said. “In the normal run of things, the partners could have covered the experts’ fees out of their personal funds, but Patsy Choi’s case took place during a serious slump in the stock market. Clare’s guess was that Patsy’s lawyer knew his partners’ circumstances and didn’t even approach them. You have to hand it to Chris Altieri: when it came to the people he cared about, he was a class act.”

An image flashed into my mind – Chris on the night of the barbecue whispering that he had done something unforgivable. But it didn’t fit. In my mind at least, dipping into a trust fund didn’t qualify as a mortal sin.

“What kind of disciplinary action did the Law Society decide on?” I said.

“None,” Linda said. “Clare never went to the Law Society. She just made copies of all the documents and wrote up her notes. When she gave me the file, she told me to hang on to it until she’d made up her mind about what she was going to do. I told her that she had no choice. She said she wasn’t talking about the Law Society – she was wrestling with a personal matter. She seemed very distracted, very un-Clare. Anyway, she never came for the folder, and she left town in mid-November without doing anything. A shocker, at least to me.”

“She was just beginning her career,” I said. “Chris Altieri had a lot of friends. Clare might not have wanted to be tagged as a troublemaker.”

“She wouldn’t have cared about that,” Maggie Niewinski said. “Clare saw the world in terms of right and wrong. She had her own inner account book. It was like the trust ledgers Anne was talking about: at the end of the day, everything had be reconciled right down to the last word or deed. That’s why I can’t believe she left town with so many things unresolved – especially the defalcation. I mean, talk about black and white.”

“Clare’s relationship with Chris Altieri may have drawn her into a grey area,” I said.

The women turned to me, alert and wary.

“Clare Mackey and Chris had an affair,” I said. “Apparently, she became pregnant and terminated the pregnancy.”