Bennie humored him, scanning the scene below. Production lines of heavy machinery and industrial conveyor belts manned by workers in earplugs and safety goggles were attaching stainless-steel frames to a white piece of drywall. In other circumstances, she would’ve loved a factory tour, but not today.
“See that?” Nate pointed at the closest production line. “That’s what Todd was talking about. That’s the line that makes the high-end cubicles, where the components are the best. The drywall is made in the U.S. and so is the steel. None of it’s outsourced at this price point.”
“Nate, we need to talk.”
“No, we don’t.” Nate swiveled his head toward her, his expression turning grim. “It looks to me that everything is pretty clear. We’re not going to be able to settle this case like you thought. Todd didn’t make any of those comments.”
“I think he’s lying.”
“Disagree. It’s a credibility contest. Nevertheless, he’s not backing down, and neither is Ray. He just told me. They’re on the same page. They want to fight this thing, so I’m not settling.”
Bennie bore down. “I confronted Todd about the contemporaneous notes, and his reaction wasn’t good. I don’t think he’d be a good witness on the stand. I think he’d tank on cross.”
“Are you saying that because your partner’s on the other side?” Nate lifted an eyebrow.
“No, I came here with an open mind and I analyzed Todd’s demeanor, as I would any witness. He’s the decision maker, and his testimony is the most critical. He was tense in the meeting with you and he lost his temper with me.”
“He’s unjustly accused, and I’m not settling. Ray doesn’t want to settle either. They both think that the plaintiff is in it for the money, for his kid. He made the whole thing up.”
“Nate, I’m not going to quibble with you about whether that’s likely or not. In my opinion, it’s not.” Bennie kept her cool, leveling with him. “But the fact is, it doesn’t really matter. The plaintiff’s case is extremely sympathetic. He has a child with cancer and he lost his wife a few years ago—”
“So what does that matter? You’re a lawyer, not some bleeding heart who gives out money just because it’s a company being sued. The plaintiff couldn’t do the job and he deserved to be fired.”
“You didn’t let me finish. The plaintiff made his quota for almost twelve years and he fell off one month. Todd admitted that he’s never fired anybody else who didn’t make quota after one month. If you single one rep out, that’s discrimination per se.”
Nate didn’t interrupt her again, so she kept talking.
“When the jury is looking around for a reason why Todd fired the plaintiff, they have an easy answer. Todd wanted to save the company money. The medical expenses and transplant affect his bottom line and reflect poorly on him to management. I would settle this case. You’re in trouble.”
“No, you’re in trouble. Because you’re going to defend this case and your partner is conflicted out.”
“You expect me to sue my own partner?”
“Yes. Welcome to the NFL.”
“If you’re not going to settle, I’m not taking the case.” Bennie had prepared for this possibility, at least mentally. “Farm it out to one of the big firms like you would have before.”
“You’re turning down the work?” Nate straightened up, with a new frown. “Why, if your partner is conflicted out?”
“Because I don’t want any part of it, unless it’s to settle it. I’m not going to war with a personal friend of hers. She regards the plaintiff as a family member. She loves the kid. I just won’t do it.”
Nate burst into laughter, without mirth. “Well, look at you! Sisterhood is powerful! Why?”
“I thought about it. I knew it was a possibility that Todd would deny everything, and now that I’ve interviewed him, I feel stronger than ever. I’m not taking this case. Send it to somebody else.”
“I’m sending it to you.”
“I’m not accepting it.”
“Really.” Nate’s eyes flashed with anger. “Then I’m no longer your client. I’m not sending you any more work from Dumbarton or the other subs. Checkmate.”
“So be it.” Bennie didn’t blink.
“What do you mean? You want to lose me? And all my business?”
“If that’s the way you want it, that’s the way it has to be.” Bennie remained calm. In fact, she only got calmer in conflict, which was why she loved being a lawyer. When things went well, she didn’t know what to do with herself.
“You’re just saying that. You’re calling my bluff. You don’t think I’ll fire you because were friends.”
“No, because were friends, I think you’ll fire me. I know you and I know how you think. You like getting your own way. You’re used to it. But you can’t make me take a case I don’t want, and if you feel you have to fire me, I’m fine with it.” Bennie had made her peace, last night. His business was considerable, but it wasn’t everything.
“So you’re serious.”
“Totally.”
Nate blinked, stepping backwards. “Hold on. Rewind. You should think this over.”
“I already have.”
“Reconsider. Slow down this transaction. Go back and crunch the numbers. Take a look at your billings. See how much of them come from Dumbarton and the subs. And consider our relationship, which evidently I value more than you do.”
“I value our relationship too. But the fact is, I have a partner now, and her name is Mary DiNunzio. Not you or any other client. So take care, I have work to do back at the office.” Bennie turned away, holding her head high.
“Call me and let me know your decision,” Nate called after her, chuckling. “I’m giving you the second chance you won’t give me!”
“Good-bye,” Bennie called back, heading out the factory door.
CHAPTER ELEVEN
Mary looked up from her laptop to see Bennie arriving at the threshold of her office, her topknot messy and her skin vaguely flushed, probably from the heat. Bags weighed down her shoulder, and her lips formed a flat, uncharacteristically grim line. Mary felt a clenching in the pit of her stomach, since she knew Bennie had been at OpenSpace.
“DiNunzio, I mean Mary. I have bad news.”
“Oh no.” Mary gestured to the chair opposite her desk, then realized Bennie had never visited her in her office, it usually was the other way around. Still. “You can sit down if you want to.”
“No thanks. I’ve been in the car for almost two hours. There was an accident on 611.”
“Okay, so what’s up?”
“The case isn’t going to settle,” Bennie answered, matter-of-factly. “I can’t go into detail because the situation is ethically challenged, at best. Suffice it to say that I gave it the old college try, but it isn’t happening.”
“Are you sure?” Mary tried to absorb the information. She had hoped for the best and convinced herself it was actually going to happen, because she wanted it to happen, so much.
“Yes, I’m sure.”
“Is there any chance of settlement down the line?”
“Not in the near future.”
“Oh no.” Mary considered the implications. That must’ve meant Todd Eddington denied making the statements. The case was a credibility contest, and the company was going to stonewall.