15
SOMEONE RAPPED THE OLDSHAVE AND A HAIRCUTKNOCK ON CONNORS 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.”
When The Devil Whistles
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