Randy Singer - The Justice Game

Kelly laughed cynically. “That’s creative. But it’s also total garbage. Do you have any cases where the joint defense privilege has been applied to two companies that aren’t even defendants in the same case together?”

Jason sat up straighter. “You’re not going to talk me into this. If you want to call the judge, be my guest.”

Kelly gave one final harrumph and suspended her questions so they could get Judge Garrison on the phone. Halfway through Kelly’s explanation of the issue, the judge cut her off.

“Is this true?” he asked Jason. “Did Ms. Davids send this memo to another company’s CEO?”

“Yes, Your Honor. But both companies were potential targets in the lawsuits filed by the northeastern cities. MD Firearms had already been named as a defendant. In fact, that’s the very reason the memo was drafted in the first place.”

“Save your breath,” Garrison said. “Your objection is overruled. Tell Ms. Davids to answer Ms. Starling’s questions or I’ll hold her in contempt.”

Melissa Davids was still in the conference room and stared at the phone, her nose flaring. “I’m right here,” she said. “May I say something?”

“No,” Case McAllister said quickly, surprising even Jason.

Davids glared at her general counsel for a second and then apparently decided that twenty years of building trust ought to be worth something. “Okay,” she said to the speakerphone. “On the advice of my lawyer, I’ll just keep my mouth shut and answer the questions.”

“Good call,” Judge Garrison said.

Following the phone call, Melissa Davids increased her level of belligerence-jaw jutting out, scowling for the camera. Jason could see the deposition being played back in court-a large monitor in front of the jury box, Davids’s fury visible for all the jurors to see.

Kelly had the witness read Case McAllister’s conclusion: “A careful cost-benefit analysis suggests we should continue to sell guns to all licensed and qualified dealers.”

“Did you agree with Mr. McAllister’s cost-benefit analysis?”

“No.”

The response seemed to surprise Kelly, causing a double take. “What’s wrong with it?”

“There should be no cost-benefit analysis in the first place.”

“Why not?”

“Two little things called the Second Amendment and free enterprise. It’s a game of dominos played by gun-control zealots like you. Shut down the worst dealer, and the next in line is then by definition the world’s worst dealer. So you shut him down, and then people start pointing at the next one. Where does it stop?”

“Let me ask you a few specific questions about Mr. McAllister’s data. Do you see in the memo where he indicates that four dealers in particular account for more than half the guns traced to crimes in these northeast cities?”

Davids took her time reading the document, generating a long silence.

“Page two, second paragraph,” Kelly prompted.

“What was the question again?” Davids asked.

Kelly read the question a second time.

“Yes, Case says that.”

“And Peninsula Arms was one of those dealers, right?”

Again, Davids took her time reading the document. Kelly waited her out.

“That’s correct,” Davids said. “You want me to just read the whole memo into the record?”

“That won’t be necessary,” Kelly said sharply. “Now, Mr. McAllister says that cutting off dealers might result in litigation by those dealers and would also play into the cities’ hands by acknowledging that MD Firearms has a responsibility to monitor dealers. Isn’t that right?”

“The document speaks for itself,” Jason said. “Do you have a question for this witness?”

Kelly sighed and put the document down, staring at Melissa Davids. “Is there one single sentence, anywhere in Mr. McAllister’s memo, stating that one of the factors you ought to consider is the life-threatening danger that occurs when felons and other illegal purchasers obtain firearms?”

“No,” Davids said decisively. “And if he had put something like that in there, I probably would have fired him.”

Kelly chuckled aloud at the perceived absurdity of the answer.

“You find this funny?” Davids challenged.

“Yes. As a matter of fact, I find most of your answers hilarious.”

“Objection,” Jason said, using the most condescending and disdainful tone he could muster. “Counsel’s remarks are childish and disrespectful and should be struck from the record.”

“You’re calling me childish?” Kelly asked with a small ironic snicker. She shook her head and turned her attention to the witness. “Why would you have fired Mr. McAllister if he had suggested that you ought to consider the risk to people’s lives?”

“Because anybody who believes that stopping the sale of guns to Peninsula Arms will keep criminals from getting guns doesn’t have enough sense to work at MD Firearms.”

“Maybe they could be a plaintiff’s lawyer,” Kelly said sarcastically.

“Your words, Counselor. Not mine.”

When the deposition was over and everyone had cleared out, the MD Firearms brain trust huddled in the conference room.

“I want to know where that leak came from,” Melissa Davids demanded, looking at Case. “I want somebody looking through every one of our e-mail servers and employee accounts. I want you to interrogate every area manager. We can’t afford to have traitors working at our company, Case.”

Davids was on her feet, pacing next to the conference table, her face tight with anger. In contrast, Case remained seated, a soothing presence as his volcanic CEO spilled her lava.

“Do you have any idea who did this?” she demanded.

“There’s no guarantee that it’s somebody at our company,” Case said. “It might have been somebody at Walker Gun Co., or somebody could have hacked into our network.”

The two of them speculated for a while about who might be behind the leak. Case promised he would leave no stone unturned in his investigation.

After Melissa left, Case blew out a deep breath.

“What do you think?” Jason asked.

“She handled the questions well. Unfortunately, her previous deposition answers painted her into a corner.” Case tugged on his bow tie. “Bottom line, she’s going to look like she was lying when Starling plays her previous testimony denying that anybody ever suggested she look at the possibility of shutting down Peninsula Arms.”

The two men sat there for a moment. Jason let his silence indicate his assent.

“She’s been getting mixed results from our focus groups,” Jason said. “They either love her or hate her.”

“No surprise there.”

Case arranged his legal pads and deposition transcript into a neat little pile. He stacked copies of the day’s exhibits on top.

“You’ve got good judgment, Jason. And I’ve watched the tapes from Justice Inc.” Case stopped fiddling with the stack of papers in front of him and looked at Jason. “You’re one heckuva trial lawyer.”

To Jason, it felt like a strange turn for the conversation. “Thanks,” he said.

“I may need you to try this case alone,” Case said.

“What are you talking about?”

“I might need to take the stand.”

Jason furrowed his brow at the suggestion. “Why?”

“We need somebody who can really explain that memo,” Case suggested. “Some of the jurors might think that Melissa is a little over the top, but maybe they would relate better to me. The question is whether I add more value to the case as a lawyer or as a witness. Right now, I’m thinking witness.”

Jason felt pressure building in his chest; his head throbbed from these rapid developments. Kelly Starling had a possible mole inside MD Firearms and a smoking-gun memo for her arsenal, and now Jason might have to try the case alone.