Perri O'Shaughnessy - Unfit to Practice

“You’ve said all that in the previous court conferences,” Jack said. “And I know there has been a ruling. Nevertheless, I can’t stand here and let this testimony come in without protesting. It’s a violation of the whole legal system that you are opening this confidential file in this hearing against the wishes of the client. It’s-”

“Your ongoing, undying objection is noted,” said Brock, making a small foray toward personality. “Now let’s move it.”

Jack’s face darkened. “This state bar court is requiring the violation of the Code of Professional Conduct required of attorneys and also the Business and Professions Code. Neither Ms. Reilly nor her client has attempted to waive the privilege of confidentiality.”

“Your objection is overruled.”

“This state bar court is without jurisdiction to flout the most sacred principles of the legal profession,” Jack said. “Any ruling based on this violation will be void.”

“Siddown, Counsel. Shout to the State Bar Journal after the case is over, not that you’ll get any attention from them. But don’t grandstand in my court. I won’t have it.”

Jack sat down.

“You didn’t have a chance, but thanks for trying,” Nina whispered.

“I did it for myself, too. I took the same oath when I was admitted.”

“What was in the file, Ms. Rose? You may answer,” Nolan asked, picking up the questioning without hesitation.

“A form that was headed Client Intake Interview.”

“Now, showing you Exhibit 18, a three-page document previously introduced into evidence after objection and argument. Is this the form?”

Marilyn took the sheets gingerly. She flipped to the last sheet and nodded her head. “This is it.”

Nolan took Marilyn through the next minutes after receipt of the envelope: She had read Nina’s intake notes several times, spoken with her superiors, then returned to her office and called Nina. As Marilyn described the telephone confrontation and Nina’s denials, Nina vividly recalled the unnerving call that had sent her home to bury her head under the covers.

“And what exactly about this document caused you to call Ms. Reilly?”

“The last sentence on the third page.”

“Read that sentence to us, please.”

“It says, ‘Client breaks down, says he set fire himself!’ There’s an exclamation point. Then it goes on, kind of scribbled, ‘Advised him don’t say any more, don’t want to hear this.’ ”

Judge Brock followed along on his copy. Nina read hers. Still it tore at her. She hadn’t written those words. Kao had not confessed. There was no evidence Kao had set fire to his own store, except for this damning, damnable forgery. For six months they had been trying to figure out who would go this far, and they simply couldn’t figure it out.

Only now, in this airtight room, did she see in great detail the hundred holes in her defense, the big, unresolved questions. On the other hand, every case she ever defended arrived in court too soon. There were always unanswered questions. That kept things alive and ever hopeful. She still had hope, as her clients must, watching the red digital clock change, minute by minute, that the tides would turn again. She would prevail against all odds. Jack would work a miracle or Paul would. The judge would somehow forgive her for that one moment of carelessness weighed against a lifetime of diligence and duty.

“And Ms. Reilly said that within two days of picking up the check she personally delivered it to her clients?”

“Yes.”

“In your experience, is that the usual turnaround time for clients to receive their settlements from law offices?”

“I’ve been doing this work for thirty years and I don’t remember ever seeing a check go into a trust account and out to a client that fast.”

“And have you ever received any explanation as to why this check was turned over so fast?”

“Just what I said. She claimed there was some mysterious danger to them.”

“Now, then. What did you do after speaking to Ms. Reilly about this file you received?”

“I went straight to my boss and told him the whole story. I was distraught. He had me write up a quick summary, and I packaged it with the claim file and a copy of the check. It was turned over to our legal counsel. A month later, I took my early retirement and left the company. I had gotten sloppy over the years. I had let her talk me into paying out too much money, even aside from the file. You get old and you lose your edge. You get lazy. I was finished. Then I-I lost my husband. It was time to go home to Kansas City.”

“Did this matter have any impact on you personally?”

Marilyn blinked back tears. “It made my husband’s last months-hard.”

“I have nothing further,” Nolan told the judge.

Jack cross-examined. The answers were more of the same. Marilyn’s mood did not improve and neither did her testimony’s impact on their case. He kept the cross short. When Jack finished, the red numbers showed in five-inch-tall characters five minutes past twelve.

“We’ll recess until one-thirty,” the judge said. “We have the writing examiner ready, is that correct?”

“He’ll be here,” Nolan said.

“Court is adjourned.”

They all trooped out. Nina headed for the bathroom. As she washed her hands, Marilyn came out of one of the stalls.

“I’m very sorry you had to go through this, Marilyn,” Nina said. “But I didn’t lie to you. Somebody forged that document.”

“Don’t even try,” Marilyn said.

“Someday I hope you’ll-”

“I have a flight to catch. Pardon me if I don’t wish you luck.” She brushed coldly past.

“PANDEFUCKINGMONIUM,” SAID JACK with satisfaction. He had recovered from the shock of Carol Ames’s testimony during the break called by Judge Brock after Carol was taken into custody by the bailiff. Nina watched as Paul uttered words of comfort and kept her steady.

She took Jack aside. “I’m having a hard time analyzing the impact of this,” she said. “I’m having a hard time thinking at all. I never imagined she would confess. She must have been working up to it, feeling guilty all these months. I know it’s a huge break for us, but a girl is dead-”

“An actual courtroom confession and we didn’t even know it was coming. Moments like this are why we practice law, Nina. Of course, it helps that we’re the side that benefits.”

“Paul came through,” Nina said, “as usual. He found her and brought her here and saved the day.”

“Don’t worry, I’ll clap him on the back just as soon as the marshal unleashes her.” The federal marshal had just arrived. Pinpoint eyes fixed on Carol Ames, he consulted with the judge. Paul, who had slipped into the courtroom when he heard the ruckus moments before, patted her hand. The marshal went over to them and quietly began telling Carol her rights. He took her by the arm and as she was led away, she cast one last glance back at Paul. Paul gave her a thumbs-up and a reassuring nod.

“I hope you didn’t promise to correspond with her from prison,” Jack said as Paul came over. “You know those relationships never work out.”

“I’ll make sure she gets good legal counsel,” Paul said. “We owe her that. In a way we tricked her into incriminating herself.”

“Whatever brings out the truth,” Jack said. They moved out into the reception area and huddled at the far end.

“Okay, ramifications,” Jack said. “Strategy adjustment. This girl killed the woman at the campsite. Ergo, Cody Stinson didn’t do it. Ergo, Stinson’s story that he was just trying to talk to these nervous Nellies is true. No attempted murder. No intent to assault. No intent to harm the clients. That’s the bottom line. The loss of the file, the fingering of Stinson as the killer by Brandy-she was wrong anyway.”