Phillip Margolin: The Associate

Daniel was part of a team representing Geller. If the company was knowingly responsible for the horror that had been visited upon Patrick Cummings and Daniel continued to defend Geller, he would be aiding and abetting a terrible enterprise. Daniel tossed and turned all night and was exhausted when his alarm went off. By the time he arrived at Reed, Briggs the next morning, he was certain that everyone in the firm knew about his blunder. Daniel managed to get from the elevator to his office without meeting anyone, but he was barely settled behind his desk when Joe Molinari walked in and his day started to go downhill. “What the fuck did you do?” Molinari asked in a hushed voice as soon as he shut the door. “What do you mean?” Daniel asked nervously. “The word is that Briggs has a hair up his ass the size of a redwood and you put it there.” “Shit.” “So it’s true.”

Daniel felt utterly defeated. “What happened?” “I don’t want to talk about it.” “Look, compadre, I’m here for you.” “I appreciate the support. I’d just rather be alone now.” “Okay,” Molinari said reluctantly. He stood up. “Just remember what I said. If there’s something I can do, ask.” Molinari left. Daniel felt exhausted and the day had just started. It suddenly dawned on him that he had never gotten around to discussing with Susan her role in the discovery fiasco. If Susan went to Briggs and told him that she was partly to blame, it might help, and from what Molinari said, he could use all the help he could get. Daniel walked down the hall to Susan’s office.

She was wearing a cream-colored blouse and a gray pantsuit and looked as fresh and untroubled as a woman who had slept for twenty-four hours. “Susan?” “Oh, hi,” she answered with a smile. “Got a minute?”

Daniel started toward a chair. “Actually, I don’t.” Daniel stopped in his tracks. “Arthur needs this yesterday.” “We really have to talk.”

“Now is not a good time,” she said firmly. Her smile was starting to look a little strained. “I was hoping that you’d tell Arthur that you were supposed to review the discovery and that I helped you out.”

Susan looked surprised, as if the idea had never occurred to her. “Why would I do that?” “So he’d know how big the job was and that I didn’t get started until the last minute,” Daniel answered, trying to rein in his temper. “Even if I was supposed to review the discovery, you’re the one who did,” Susan answered defensively. “If I tell Arthur, it won’t help. All that will accomplish is getting me in trouble, too.”

“If Briggs knew that we were both to blame it would take some of the pressure off of me.” Susan looked nervous. “Ididn’t go through the discovery. You’re the one who missed that letter.” “You’d have missed it, too. Briggs would have missed it.” “You’re right,” Susan agreed quickly. “Look, you’ll be okay. Arthur gets angry easily, but he’ll be distracted by this mess and forget you delivered the letter.” “Fat chance.” “Or he’ll see that you’re right. That the letter was a needle in a haystack that no one could have found unless they were incredibly lucky. You don’t have to worry.” “You’re the one who doesn’t have to worry,” Daniel said with a trace of bitterness. “He’d never fire you.”

Susan looked very uncomfortable. “I really do have to finish this assignment. It’s research on the admissibility of Kaidanov’s letter.

Can we talk about this later?” “When, after I’m unemployed?” Daniel shot back. “I mean it, Daniel. I’ll buzz you as soon as I get some free time.” • • • Daniel could not concentrate on the pleading he was drafting because his thoughts kept drifting to the Insufort case. He could not believe that Geller Pharmaceuticals would intentionally sell a product that produced the horrible results he’d seen in Aaron Flynn’s office.

He had met many of the Geller executives. They weren’t monsters. The results that Sergey Kaidanov wrote about had to be an anomaly. Daniel set aside the pleading and opened a large folder that held all of the Insufort studies. He started with the earliest and worked his way through them looking for anything that would help. By the time he had finished his review it was almost one. Daniel suddenly remembered Susan’s promise to call him when she was through with her work. He dialed Susan’s extension and her secretary told him that she had left for the day. Daniel wasn’t surprised. Deep down he knew that Susan was not going to help him. If he wanted to stay at Reed, Briggs, he was going to have to save himself, but how? Suddenly he laughed. The answer was obvious. Sergey Kaidanov wrote the report that was about to torpedo Geller’s defense. Kaidanov’s study had to be flawed. If he could find out why Kaidanov had erred he would save the litigation and, maybe, his job. Daniel dialed Geller Pharmaceuticals and was connected to the receptionist in research and development. “Dr.

Kaidanov isn’t in,” she told him. “When will he be in?” “I couldn’t say.” “I’m an attorney at Reed, Briggs, Stephens, Stottlemeyer and Compton, the law firm that represents Geller Pharmaceuticals, and I need to speak with Dr. Kaidanov about a matter of importance to a suit that was brought against your company.” “I’m supposed to refer all inquiries about Dr. Kaidanov to Dr. Schroeder. May I transfer you to his office?” “I don’t want to bother Dr. Schroeder. I know how busy he is. I’d rather just speak to Dr. Kaidanov myself.” “Well, you can’t.

He’s not in and he hasn’t been in for more than a week.” “Is he on vacation?” “I don’t have that information. You’ll have to talk to Dr.

Schroeder. Do you want me to connect you?” “Uh, no. That’s okay.

Thanks.” Daniel dialed information and discovered that Sergey Kaidanov had an unlisted phone number. He thought for a moment then phoned personnel at Geller Pharmaceuticals. “I need an address and phone number for Dr. Sergey Kaidanov,” he said to the clerk who answered.

“He works in research and development.” “I can’t give out that information over the phone.” Daniel was desperate. He had to get to Kaidanov. “Listen,” he said forcefully, “this is George Fournet in legal. We just received a subpoena for Kaidanov. He’s out of the office and I’ve got to get in touch with him ASAP. If he doesn’t show up for his deposition we’re going to be held in contempt by the judge.

I have a messenger waiting to hand-deliver the subpoena, but he’s all dressed up with no place to go.” “I’m not sure…” “What’s your name?” “Bea Twiley.” “Did you get mine, Ms. Twiley; George Fournet? I am the head of the legal department and I don’t waste my time on frivolous calls. Do you want to go to court and explain to United States District Court Judge Ivan Norris why you’re there instead of Dr. Kaidanov?”

It was a little after three when Daniel found Sergey Kaidanov’s drab, gray bungalow in a run-down neighborhood on the east side of the Willamette. The paint was peeling and the front lawn had not been mowed in a while. It was not the type of home in which Daniel expected to find a research scientist who worked for a prosperous pharmaceutical company. The weather had turned nasty and there was no one on the street. Daniel parked down the block and watched the house.

The shades in the front windows were drawn and the old newspapers lying on the lawn told Daniel that no one was home. He hunched his shoulders to ward off the wind and shivered as he walked up the path to Kaidanov’s front door. After ringing the bell three times, he gave up. Daniel raised the metal flap of the mail slot and peeked inside the house. Mail was scattered across the floor. Daniel followed a slate path that ran along the side of the bungalow to the back of the house. A low chain-link fence ran around the edge of a small, unkempt yard. Daniel opened the gate and went to the back door. The shades on the kitchen window were drawn. He knocked a few times, then tried the knob. The door opened. Daniel was about to call out Kaidanov’s name when he saw the chaos in the kitchen. Cabinets and drawers were open and their contents littered the floor. Daniel took a slow survey of the room. There was a layer of dust on the counters. The sink was full of dirty dishes. Daniel stepped gingerly over broken glass and shattered plates and opened the refrigerator. He was hit by the sour smell of decay. Greenish-gray mold covered a piece of cheese. Daniel uncapped a bottle of spoiled milk and wrinkled his nose. A small living room opened off of the kitchen. Except for an expensive stereo that had been ripped out of its cabinet, most of the other furnishings looked secondhand. CDs were strewn around the floor. Daniel saw a lot of classical music and some jazz. A bookshelf took up one wall, but the books it used to hold had been thrown around the room. Many of the books were about scientific subjects like chemistry and microbiology.