Binding Arbitration (39 page)

Matt Caster positioned himself over his table and twitched his nose like a rat smelling bait. “Your honor, we move that you recuse yourself from these proceedings then.”

Judge Marston looked over his glasses at Caster like he wanted to shove some cheese down his throat before he chewed on the stem of his glasses. “Mr. Caster, Ms. Tucker was in your employ. That’s much more of a relationship than an encounter on the street. Do you plan to recuse yourself?”

“Of course not. My client is bringing the charges.”

“We’ll get to those in a moment, but if you’re not recused, neither am I.” He grumbled. “Additionally, I’m the only member of the State Bar available over the holiday to take these proceedings. I’m sure you want this issue resolved quickly, so your client can enjoy his turkey dinner knowing the law has been observed.”

“Your honor, I object,” Mr. Caster insisted.

“Mr. Caster, unless you can produce a valid legal argument, a broken rule in the code of conduct, or a genie in a bottle, I suggest you sit down and let me proceed.”

A mild muttering simmered in the courtroom. I distinctly heard Aidan chuckle.

Judge Marston looked at the opposing tables. “Gentleman, Ms. Tucker, this isn’t a regular proceeding, so I will ask questions and expect honest answers. You are all under oath, and while this is a more informal hearing, the rule of law still applies to this proceeding. Mr. Caster, we’ll start with the charges you filed with the AMA against Ms. Tucker.”

“Ms. Tucker engaged in conduct involving dishonesty, fraud, deceit, and misrepresentation. Her actions were prejudicial to the administration of justice.”

“Those are heavy charges, Mr. Caster. Can you put them into some sort of a context for me?”

“Ms. Tucker was representing the gentleman sitting behind me, Mr. Peter Pervesis, under my supervision at Whitney, Brown and Rodgers. In the course of her representation, she negotiated a plea agreement, which she insisted Peter take. When he refused she hired an investigator without my knowledge or advice—”

Judge Marston held up his hand, halting Caster for the moment. “What are the pending charges against Mr. Pervesis?”

“Those are irrelevant to this proceeding.”

Fletch stood. “Your honor, we’re here today because of Mr. Perv-e-sis.” Fletch put the emphasis on Perv much the way Cass put the emphasis on Pole in Palowski. “The charges against him should be part of the record, as they have direct relevance.”

“Not only do I agree with you, Mr. Fletcher, I would like to remind Mr. Caster that I am the judge here. I decide what it relevant and irrelevant to these proceedings. Read the charges against Mr. Pervesis into the record.”

When Mr. Caster hesitated, Judge Marston, bellowed, “Now!”

“Lewd conduct with a minor and aggravated sexual assault with a minor,” Caster chocked out.

The judge cleared his throat. “The charges will be duly noted. Now, Ms. Tucker, you were a junior associate?”

“Yes, I was.”

“And in what capacity did Mr. Caster oversee your cases?”

“We had weekly meetings, when I updated him on cases coming to trial, any proceedings, or plea bargains. I never in the course of my career reported the minutia of my cases to Mr. Caster, investigative or otherwise.”

“And in what capacity did you hire an investigator in reference to Mr. Pervesis?”

“In an effort to find character witnesses, Mr. Pervesis is a Sunday school teacher and a Boy Scout Troop leader, I hired the investigator to interview the people related to these activities. Mr. Pervesis provided me with a list of names.”

Caster got to his feet. “That’s the point, your honor. Lawyers can be disbarred if they divulge information that can lead to their client’s conviction.”

“Ms. Tucker, in the course of your investigation did you find evidence that could convict Mr. Pervesis?”

“No, I did not. I had the investigator interview a few children and their parents, and made a list of others that could act as character witnesses. When that part of my discovery was complete, I turned it over to the DA’s office.”

“Your honor, when Mr. Pervesis asked Ms. Tucker about the investigator, she never replied. Rule 1.4, states that a lawyer shall keep a client reasonably informed about the status of a matter and promptly comply with reasonable requests for information.” Caster bellowed.

Judge Marston replied calmly. “If said information did nothing to add or detract from the case, I can understand her classifying it under minutia and moving on. I would think that reason enough for her to set this matter aside when it had no bearing on the defendant’s trial.” He tapped his papers along his desk. “Now moving along, Mr. Wagner, I see you out there. Are you handling these charges against Mr. Pervesis?”

Jax got to his feet. “Yes, your honor, I am.”

“And in the course of discovery, did you observe any impropriety or ethical violations by Ms. Tucker?”

“No, your honor I did not. To be honest, I showed up here today because Ms. Tucker is Mr. Pervesis’ third and best-informed attorney. The DA’s office is concerned that this is yet another attempt by Mr. Pervesis to postpone a trial date.”

The judge rubbed his chin. “I see.”

Caster was on his feet again. “Ms. Tucker lacked a competent defense for Mr. Pervesis.”

“Mr. Caster, you didn’t mention incompetency in your charges. In preparation for this hearing, I obtained Ms. Tucker’s employment record, which looks exemplary. As a matter of fact, she has never lost a case she took to trial. Are you insinuating that she was hanging Mr. Pervesis out to dry with her own record hanging in the balance?”

Mr. Caster fumbled for words.

“The attorney acts as the trusted representative of the client, trust is the defining element of the practice of the law. And Mr. Wagner, Ms. Tucker’s opponent in this case seems to trust her, so I have to question why you don’t.” He thought for a moment. “Ms. Tucker, did you speak with your investigator?”

“No, your honor. I read his written report then turned it over to the DA’s office.”

“Mr. Wagner, have you spoken to the investigator?”

“The report was curiously incomplete, so I contacted the investigator. Ms. Tucker is always very thorough and something about the report bothered me. When I spoke on the phone with the investigator, he gave me a modified version of what was in the written report, there were other people he’d spoken to who were no longer listed on the report. When I contacted them they had less than glowing things to say about Mr. Pervesis.”

Caster was leaning over his table, his face red with exertion. “I object,” he bellowed.

Judge Marston gave Caster a dirty look and looked back at Jax Wagner. “Now we’re getting somewhere. Do you think there was a suppression of evidence?”

“Yes, I do.”

“Do you think Ms. Tucker was in any way involved?”

“Of course not. She’s always acted above-board, which I can’t say about every criminal defense attorney.”

“Thank you, Mr. Wagner. Ms. Tucker, who in your office has access to investigators reports and client files?”

“Your honor, almost anyone, but I keep my current cases in my office. I happened to see the investigator coming out of Mr. Caster’s office the other day, and after he refused to speak to me, I returned to my desk, realizing the file was gone. When I questioned my assistant, she said Mr. Caster had sent down for the file the day before.”

The courtroom started to buzz, but the judge ignored it. “I wonder now, Mr. Caster, what you have to add to this story?”

“Your honor, I ...”

Judge Marston pointed his gavel at him. “Sit down. I think I’ll get further without your babbling. Ms. Tucker, do you have any theories as to why your direct boss has maneuvered around you and is now trying to have you disbarred?”

Fletch and I exchanged looks. “It could have something to do with an altercation between Mr. Caster and Aidan Palowski.”

“An altercation about what?”

I shook my head no. I did not want to speak the words aloud because even if I wasn’t disbarred, a charge of sexual discrimination would seal my fate. Law license or not, no firm in this city would hire me. Those kinds of allegations shook the core of the good ole boy network. I had witnessed it first-hand.

The judge looked at Aidan. “Mr. Palowski, please shed some much needed light on this proceeding.”

Aidan got to his feet. “Your honor, I had an altercation with Mr. Caster in Ms. Tucker’s office that led to him losing his two front teeth.”

Judge Marston looked up from the bench. “Would you please share with the court what led up to this altercation?”

I could feel Aidan’s gaze digging into the back of my head. He wanted my permission to say it out loud. I nodded my head yes. “I walked into Ms. Tucker’s office to find Mr. Caster speaking to her in a vile, sexual manner, and he had his hand on her breast. She recoiled away from him and when he didn’t take his hand off of her fast enough I punched him twice, once for his unwanted sexual advances and again for denying it.”

“This is becoming crystal clear.” He gave Caster a venomous look. “Did Mr. Caster file assault charges against you?”

“No, he did not.”

“Mr. Caster, since you’re such a stickler for the rule of law, why didn’t you file any charges against Mr. Palowski?”

Caster looked drawn and pale, his nose twitched nervously like a rat caught in a trap. “It was a misunderstanding.”

The judge turned back to me. “Was it a misunderstanding, Ms. Tucker, or sexual harassment?”

I swallowed my career on three syllables. “The latter.”

“Did you go to Mr. Caster’s superior or to the human resources department in your firm?”

“No, I did not.”

“Why?”

Judge Foreman was on his feet. “Carston, she was afraid of jeopardizing her career, she was third chair on Marlin vs. McKinley Donavan Associates.”

“The landmark sexual harassment case?” Carston tapped his papers on the bench. “Well that would explain your hesitation. I didn’t see that loss in your record.”

“I was still in law school, your honor.”

“I will give Caster the benefit of the doubt and assume there was no sexual assault?”

I shook my head no.

“Were you made aware of this matter, Mr. Fletcher?”

“When the altercation occurred, I had a conversation with Mr. Caster. I let him know, on behalf of Aidan Palowski, who is also my client, that any further advances on Ms. Tucker’s person would include a conversation with the senior partners at Whitney, Brown, and Rodgers and charges filed in civil court.”

The judge tented his fingers before he spoke. “I don’t even have to go back into chambers to decide this one, Mr. Caster. I think the charges against Ms. Tucker are laughable, and the ones against you disturbing. You’re in contempt of my court. You have violated rule eleven of the Federal Rules of Civil Procedure which requires sanction for lawyers and clients who file frivolous or abusive claims in court.” Judge Marston nodded toward the bailiff. “Take them both into custody.”

When the bailiff started toward them, Pete the Pervert turned and ran. Two additional bailiffs entered the courtroom and handcuffed him. Caster was struggling with the bailiff.

“I won’t hesitate to add resisting arrest along to breaking Rule one-point-two. A lawyer shall not assert a position, conduct a defense, delay a trial, or take other action on behalf of the client when the lawyer knows, or reasonably should know, that such action would serve merely to harass or maliciously injure another. Most importantly, you have damaged Ms. Tucker’s good name to say nothing of your abuse of power as her direct superior. I hope she files a civil action against you.”

The bailiff finally bent Caster over the table and handcuffed him while he bellowed about Miranda Rights, wrongful imprisonment, and other nonsense.

“Ms. Tucker, you have the court’s deepest apologies. I will personally make a call to Mr. Whitney, Mr. Brown, and Mr. Rodgers with the developments of this hearing. I would think someone with your credentials is a valuable asset to their firm. I am sure once they are made aware of these circumstances, they will very much like to make restitution. Court adjourned.” The gavel hit his desk with a thump.

The reporters crowded around us, but Fletch led them on a merry chase out into the corridor.

Aidan came to the gate, up close to me, and tilted my chin up. “Look on the bright side. Rat Bastard has legal problems up to his ears. Not to mention what the media is going to do to him. Who knows who might come forward once this hits the news?”

Aidan didn’t understand how this game was played anymore than I knew about locker room antics. I knew he felt good about what happened, but the reality was my career as a lawyer was probably over. I went into his arms for comfort. My phone vibrated in my pocket, I pulled it out and looked at it. It was Vicki. I looked around the courtroom, realizing for the first time she’d never shown up.

I answered the phone. “Where the hell are you?”

I heard a strangled grunt. “I’m in the gardens at Versailles! Where the hell do you think I am? I’d have to be somewhere pretty damn special not to be at the most important hearing of your career.”

“What’s going on?”

“Oh, nothing, I’m just at the hospital in labor, alone. My water broke, and my husband is in California at a conference, and I’m going to have a baby all by myself.” She started crying.

“Don’t freak out. We’ll be right there.”

The last thing I heard was a startled, “LLLIIIIIBBBBEEEEE!” Before the phone disconnected.

I narrowed my eyes on Aidan. “I don’t care what you have to do. Find a way to get Rick here from California ASAP.”

“What’s wrong?”

“Vicki’s in labor.”

29

RELEASED AT LAST

Who is so firm that can’t be seduced?
William Shakespeare

Aidan (In the nick of time)

Libby pushed through the doors of the elegant shop—Wee, Wee, Babee—with her clipboard in hand. Late last night, Vicki had given birth to Elizabeth “Betty” Davis at six-and-a-half pounds. Surprising, they told me, since she was six weeks early. When I asked Libby how big she would have been, if Vicki would have gone to term, she said, “Too big.”