- Rick Acker
- When The Devil Whistles
- When_The_Devil_Whistles_split_051.html
44
CONNOR SAT IN A WINDOW
SEAT IN THE FIRST CLASS SECTION OF A U.S. Airways Airbus
A319, watching Lynden Pindling International Airport slip away
beneath him. For a moment they were over the sun-drenched suburbs
of Nassau. The beach flashed past and then the light blue coastal
waters, dotted with pleasure boats. Then the blue darkened as the
water deepened, and a featureless navy carpet stretched to the
horizon.
He turned away from the window as the
flight attendant walked by. He stopped her and asked for a glass of
cabernet sauvignon. She returned with it a moment later, smiling
the entire time.
He took a sip. Cheap stuff and too
warm, but he wasn’t in a discriminating mood. He drained the glass
in three large swallows and ordered another. The smiling attendant
refilled his glass and he downed that as well.
He hadn’t eaten anything since a
croissant at breakfast, and he felt the wine in a hot pool in his
stomach. The alcohol reached his brain after a few minutes. He
started on a third glass and drank it more slowly.
He usually didn’t drink when he was
flying. No point in pouring mediocre booze down his throat just to
make the trip go faster. He could do that by working or watching a
movie. But he needed a drink today. He needed to wash away the
taste of what he had said to Allie.
She deserved it, of course. And more.
What she had done to him and the firm was bad enough, but that was
nothing compared to what she told him today. He could hardly
believe it. Looking the other way when her boyfriend sold drugs was
bad, but looking the other way when he sold to children? And then not even turning him in when one
of those children died? He shook his head and made a mental note to
have Julian look into it. That kid deserved justice. As for
Allie—well, whatever happened to her, she had it coming. And to
think she’d tried to pin some of the blame on him, claiming she
couldn’t trust him to help her. That was as low as it
got.
And yet…
He remembered his last image of her,
glimpsed as he looked back before walking out the door. Her scuba
tank was still ridiculously strapped to her back. Seawater dripped
from her lank wet hair, forming little puddles around her feet on
the tile floor. Her head was bowed, her face in her hands, her bare
shoulders shaking.
He took another sip of his wine. She
had made her choices, and those choices had painful consequences.
It was hard for him to see her like that, but she had brought it on
herself.
He thought back over their
conversation again. Had he really said that thing about everyone
who commits any crime going to jail every single time? It sounded a
little like him. It also sounded a little like a fascist Pharisee,
if there was such a thing. He shifted uncomfortably in his
seat.
Best not to dwell on it. He would keep
Allie in his prayers, of course, but otherwise do what he could to
put her out of his mind.
It was time to look to the future, to
think of the road ahead. The first step on that road was obvious:
formally withdraw from representing Devil to Pay. He already had a
draft motion ready to file. It recited the applicable ethics rules
prohibiting lawyers from representing clients who bring lawsuits
“without probable cause and for the purpose of harassing or
maliciously injuring any person.” It stated in general terms that
he had just discovered that his client was doing exactly that. The
court probably wouldn’t insist on details, so Connor hadn’t
included them.
The whole humiliating story would come
out soon enough, though. He’d get deposed in Deep Seven’s lawsuit
against the firm, and then he’d have to testify at trial if the
case got that far. Tom Concannon and ExComm had already decided
what their defense would be: he and the firm were innocent because
they had acted reasonably and were pursuing what they thought was a
legitimate lawsuit. “Improper motive,” an essential element of a
lawsuit for abuse of process, simply didn’t exist. If they could
prove that Connor had thought Deep Seven really had violated the
California False Claims Act, that would be a complete defense. So
Connor would have to testify about how he had worked closely with
Allie for years, how he had come to trust her, how she had lied to
him this time, and how he had believed her.
It would probably work. The firm would
beat Deep Seven’s lawsuit. Connor’s career would survive. Sure,
he’d take some punches along the way. Deep Seven would ask
insinuating questions about his relationship with his pretty client
and he’d have to tell the truth, the whole truth, and nothing but
the truth. The truth wasn’t that bad: one evening together, one
kiss, their corny tradition of telephonic victory dinners, a dozen
or so meetings, and hundreds of basically professional e-mails and
calls. Talking about it would be awkward, and the legal newspapers
might even take an interest. But then it would be over. He’d be
embarrassed, but undamaged—or at least that’s how he hoped it would
turn out.
He took another sip from his glass and
pushed his thoughts beyond the unpleasant aftermath of his
entanglement with Allie. Tom had a big case going to trial next
spring, and he had talked about possibly bringing on Connor as
colead. That would be fun. The two of them hadn’t handled a case
together since Connor was a junior associate, and he relished the
idea of working with his mentor as an equal. It sounded like a fun
case too—interesting legal issues, high stakes, a client who cared
more about good work than low bills, and most important, he would
get to wear the white hat. No everyone-is-entitled-to-a-defense
rationalizations.
Even if that didn’t work out, there
would be other options, other ways to cleanse his mental palate. He
might even join Max at DOJ. He imagined what it would be like to
work next door to Max and then found himself wondering how thick
the office walls in the State building are. He also remembered Max
complaining because he couldn’t get reimbursed for an $89 room at a
Holiday Inn Express, which the accounting office thought was too
expensive. Connor had difficulty picturing himself lasting long in
a world where a night in a Holiday Inn Express was a forbidden
luxury.
Okay, maybe the California Department
of Justice wouldn’t be such a good fit. The U.S. Attorney’s Office
might be fun. Or maybe the SEC. Even if they all had Dilbertesque
accounting trolls, they had one big advantage over private
practice: no clients. He could choose his own cases, do the
investigations himself, and only sue the defendants who deserved
suing. He’d only have to trust himself.
He held his wine glass in the shaft of
fading sunlight that slanted in through his window. Sullen reds
glinted in its depths like coals of a dying fire. He drained his
glass and closed his eyes.