- Rick Acker
- When The Devil Whistles
- When_The_Devil_Whistles_split_022.html
15
SOMEONE RAPPED THE
OLD “SHAVE AND A HAIRCUT”
KNOCK ON CONNOR’S office
door.
Connor recognized that knock. “Two
bits. Come on in, Tom.”
Tom Concannon walked in. He was a
tall, fit man of fifty-five with close-cropped gray hair, brown
eyes, and an animated face. He had the easy manners and confidence
of old money and good society—the sort of man who is equally
comfortable in a neighborhood sports bar and at a formal embassy
dinner. He also happened to be the managing partner of Doyle &
Brown, though he never let that fact come between him and
Connor.
Tom sat in one of Connor’s leather
office chairs, a smile on his face. “Nice work on the Hamilton
matter. You make it look easy.”
Connor shrugged modestly. “That one
was easy. You know the old saying:
‘good facts make great lawyers.’ ”
“But it often takes a great lawyer to
find good facts.”
“Not this time, but I won’t argue with
you.”
“Not an argument you’d really want to
win, I suspect.” He crossed his legs and smoothed his tailored
slacks in one fluid motion. “You should know that ExComm is very
happy with your success in these qui
tam cases. You’ve carved out a profitable new niche for the
firm. You’ve also made invaluable connections in both state and
federal government.”
Connor nodded. “Thanks, I’ve tried to
pick good cases, and I’m glad they’ve turned out
well.”
Tom paused and his face grew a little
more serious, telegraphing that he was about to make his real
point. “How would you feel about doing something outside that
niche? There are some big cases coming down the pipe that could
give you a real opportunity to step into the limelight and show off
the skills I know you’ve got.”
“Sure, I’d love to. What did you have
in mind?”
“We’ve been asked to represent a
company that’s been indicted for bribery related to their, ah,
contributions to a congressman. We’d like you to first chair the
defense team.”
“First chair?” Connor leaned back and
let that sink in. “Wow, that’s quite an honor. It’s pretty far
outside my field, though. You know I don’t have any criminal
experience, right?”
“We’ll give you someone from the white
collar crime team, but I really don’t think this case is going to
trial.”
“Plea bargain?”
Tom nodded. “The client is anxious to
start negotiations as quickly as possible.”
Connor’s eyebrows shot up.
“Start negotiations? Weren’t there any
negotiations before they got indicted?”
Tom made a sound that was part sigh
and part dry chuckle. “That depends on how you define
‘negotiations.’ Their GC used to be a litigation partner at an
aggressive New York firm, and it shows. I’m sure he thought he was
negotiating, but the Department of Justice seems to think he was
grandstanding, stonewalling, and lying.”
“Once they get that impression, it’s
very hard to change their minds.” Connor bit his lip and replayed
what he’d just been told. “And I’m guessing that there might be
some pretty serious bad blood between their general counsel and the
government. True?”
“Yes, in the same way that the Pope
might be Catholic.”
Connor laughed and shook his head. “If
it’s that bad, why not just take the case to trial? I mean,
negotiations aren’t likely to lead any place the company will want
to go.”
“Because a trial would mean a lot of
publicity; they’d lose big, and they’d never get another government
contract again.”
“So they’re guilty?”
“As sin.”
Connor frowned. “Hmmm.”
“Within these four walls, they haven’t
got a prayer at trial,” Tom continued. “That’s why they need you.
You’ve got a good relationship with DOJ. They know you. They like
you. You’ve even taken the local U.S. Attorney herself up in your
plane, haven’t you?”
“Her husband too.”
Tom smiled spread his hands out toward
Connor. “See? You’re exactly what they need—someone who can come in
and talk the government down. Get them to agree to something
reasonable.”
Connor didn’t like it. He didn’t like
that he would be helping exactly the type of dirty company that he
spent most of his time taking down. He didn’t like that his
opponents would be the prosecutors he usually worked shoulder to
shoulder with. And he particularly didn’t like that the idea of
schmoozing people he considered friends to get them to go easy on a
company that was guilty “as sin.”
But he also didn’t like the idea of
saying no to Tom. He had no problem turning down the firm’s
managing partner, but he hated turning down a friend. Still, it was
the right thing to do. The firm might choose to rain down its
benevolence equally on the wicked and the righteous, but Connor was
going to leave the wicked high and dry when he had the option.
Besides, what would Qui Tam Girl say if she found out that her
crime-fighting partner had gone over to the dark side?
Connor smiled and Tom, mistaking the
reason, smiled back. “So, you’ll take the case?”
Connor shook his head. “Sorry to
disappoint you, but I don’t think I can.”
Tom blinked and his smile vanished.
“Why not? If you’re too busy with your other cases, I’m sure we can
get you help.”
“That’s not it. I just…” He paused,
hunting for the right words and not finding them. “Look, there’s no
easy way to say it. I fight companies like this. I’m not going to
represent one of them.”
Tom said nothing, so Connor went on.
“Rules matter. When someone intentionally breaks the rules, I think
they should pay the price. I know everyone’s entitled to a lawyer,
even if they’re guilty as sin. But they’re not entitled to me. I’m
sorry.”
Tom’s face hardened and he nodded. “I
understand.”
“I really am sorry, Tom. I hate saying
no to you or the firm, even about this.”
Tom’s smile returned, but its warmth
was gone. “Don’t worry about it, Connor.”
“I just want to make sure that we
really do understand each other on this, Tom. If someone else in
the firm wants to represent this company, I’m fine with that. I
wish them well. I’m just not comfortable doing it
myself.”
Tom uncrossed his legs and his smile
became a little more natural. “We understand each other, Connor.
You’ve got strong principles, and I admire that.”