“I really did try, Mary,” Bennie said, her tone softening, and the sunlight coming through Mary’s window shone on her face and caught the blue of her eyes, making them look crystal-clear.
“I’m sure you did.” Mary forced a smile, despite her disappointment. “Thank you. I really appreciate it.”
“I was glad to do it. I know how much this case meant to you. It was the right thing to do, to try, but it didn’t work.”
“Was my settlement demand too high?” Mary was kicking herself. “I tried to keep it reasonable but we’d settle this for less. Simon just needs the money for Rachel.”
“It wasn’t the number. More than that I can’t tell you. What I learned today is privileged between OpenSpace and me, and I shouldn’t say any more.”
“They’re going to lose at trial, you know.” Mary felt an ember of anger, hot in her chest. “They’re in the wrong. The notes are such good corroboration, and the case is incredibly sympathetic. Simon has them dead to rights.”
“There are two sides to every story, as they told me this morning, and they’re going to tell theirs. As for you and me, we shouldn’t talk about the merits anymore.”
“But settling it is the right result.”
“Agree, it’s a case that should settle.”
“It makes the most sense for everyone involved.” Mary couldn’t let go of her frustration. Her chest felt squeezed, like she had on the smallest sports bra of all time. “I know there are two sides and they’re not horrible people. I’m sure the boss didn’t know what he did was illegal. Every company tries to cut costs, and he probably felt duty-bound to do it.”
Bennie opened her mouth to say something, then clamped her lips shut. “Understood.”
“Did you pitch settling, can I ask?”
“Of course. I did pitch it, and they declined.”
“Did you show them the complaint?”
“No, I didn’t need to, and I didn’t think it was wise to. I didn’t want to open up a can of worms when they saw my firm name on the last page.”
“I get it. Arg!” Mary groaned. “This is so wrong. This is just the wrong result.”
“Mary, trust me, the thing that should happen doesn’t always happen. Life isn’t fair. Litigation is less so. You should know that by now.” Bennie’s tone turned worldly-wise. “The right result isn’t always the result.”
“I understand.” Mary felt heartsick. Her hand went to the gold locket around her neck, which Simon had given her. It killed her that she wasn’t able to settle this case. It could have eased his mind. It could have helped Rachel.
“I hope that your friend finds himself a great lawyer, and you should feel comfortable helping him do that. I even have some recommendations if you need one. And of course I wish his daughter a speedy recovery.”
Mary didn’t get it. “Thank you, but I’m still going to represent Simon.”
Bennie blinked. “You are?”
“Yes, absolutely,” Mary said, though her mouth went dry. “I thought you understood that.”
“No, I didn’t.” Bennie frowned slightly. “I thought we were tabling the issue of the representation.”
“Well, no.”
“Yes, we are. I thought we were setting aside the issue and trying to see if we could sort it out, extra-legally.”
“True, and we tried and it didn’t work, so that means we go back to square one. I’m not conflicted out and I’m going to represent Simon. I’m still going to sue OpenSpace.”
Bennie’s lips parted. “I think you are conflicted out. I went through the factors—”
“—and it’s a judgment call.” Mary sat up straighter. “My judgment is that I’m not conflicted out under the rules. The circumstances say I’m not.”
“The circumstances say you are, in my judgment.” Bennie waited a beat. “What did Judy say?”
“She thinks I am.”
“Bingo!” Bennie smiled. “There you have it.”
“What did Sam say? I know you must’ve asked him.”
Bennie’s smile evaporated. “He thinks you’re not.”
“Bravo.” Mary felt a surge of hope. “But I don’t want to make it a headcount.”
“Neither do I, but you’re wrong.”
“No, you are.”
Suddenly they both looked over, as Judy popped her head into the doorway, standing next to Bennie. “What’s going on? What am I missing? Don’t taunt me. You know I have major FOMO.”
“I don’t even know what that means.”
“Fear of missing out.”
“OpenSpace isn’t settling,” Bennie answered, turning away. “I’ll let Mary fill you in. I have to get to work.”
“Bennie, hold on!” Marshall called out, coming down the hall. “I have something for you. This just came for you and Mary by hand-delivery.”
“Thanks.” Bennie held out her hand, and Marshall gave her a manila envelope, then gave one to Mary, too.
“Thanks,” Bennie answered firmly, opening the envelope with her thumb. She slid out the piece of paper, which was a single sheet of correspondence on Dumbarton letterhead.
“What’s this?” Mary asked with dismay, opening the envelope and pulling out a copy of the same letter, then reading aloud:
Nathaniel Lence, Esq.
President & CEO
One Dumbarton Drive
Horsham, PA
DUMBARTON ENTERPRISES
Dear Ms. DiNunzio:
It has come to my attention that you, a named partner in the law firm of Rosato & DiNunzio, seek to represent Simon Pensiera in a putative employment discrimination action against his former employer, OpenSpace. OpenSpace is a wholly owned subsidiary of Dumbarton Enterprises, and Dumbarton has been a long-standing client of your firm. Therefore, any such representation by you constitutes a conflict of interest in breach of Rule 1.7 of the Model Rules of Professional Conduct.
Please be advised that if you do not withdraw from the aforementioned representation forthwith, Dumbarton will file the attached Misconduct Complaint against you with the Disciplinary Board of the Bar Association of Pennsylvania and the American Bar Association Committee.
Best,
Nathaniel Lence, Esq.
cc: Bennie Rosato, Esq.
“Oh my God. Can he really do this?” Mary felt stricken. Seeing her name on a disciplinary action shook her to her very foundation. It was embarrassing, even shameful. She had never been before a disciplinary board. She’d been the quintessential Good Girl, until now.
“Yes,” Bennie answered, tense. “It’s hardball, but that’s Nate. He didn’t get to the top by playing nice. He’s an excellent litigator. He attacks on all fronts, evidently even the lawyers.”
Mary shuddered. “But this is out of bounds.”
“To most lawyers, yes. Even I would never do this. But he doesn’t think that way. He doesn’t have bounds. He makes his own rules. He feels personally attacked, so he’ll think this is self-defense. He signed it himself. He’s not even using his in-house guy, Jason.”
Judy practically growled. “I wanna kill him.”
Bennie shot her a look. “And that’s the test. If you consider homicide, he’s an excellent litigator.”
Mary flipped to the complaint, which was a single page long, offering no facts or argument. “Is this enough? It doesn’t even say anything.”