Judy frowned, reading over her shoulder. “Agree. Is this all it takes?”
“For starters.” Bennie put her copy back in the envelope. “He’s striking fast and furious. It’s the most he could do in short order. He can amend it later. It commences the proceedings and gets the job done.” Bennie eyed Mary hard. “Nate just upped the ante. Your ethical position is getting you called on the carpet. Granted, your position is a judgment call, but be aware that these bar association committees and disciplinary committees are old-school. If I were you, I would refer this case out.”
“Mare,” Judy said, urgently. “I know how you feel and that you want to help Simon, but I think you should refer it out, too. You’re not the only lawyer in the city. I swear, we can get him somebody terrific.”
“But I still don’t think I’m in breach.” Mary knew she was doing the right thing. The factors were in her favor. She flashed on those faces at the hospital this morning, turning to her. She couldn’t let them all down.
Judy touched Mary’s shoulder. “Think of it this way. It doesn’t help Simon’s case if there’s litigation over you. It might even prejudice the court against him.”
Bennie nodded. “Mary, she’s making a good point. Nate has put your credibility at issue, and this is a case where credibility is critical. You need a judge to credit Simon’s allegations and testimony. Can he do that if he thinks Simon’s lawyer has an ethical issue?”
Mary felt torn, her heart sinking. “But Simon wants me to represent him.”
Judy interjected, “Are you sure, after this? He’d feel terrible if he knew what just happened. You need to ask him.”
Bennie scoffed. “No, you don’t,” she snapped.
Mary looked over, surprised by Bennie’s demeanor. “What do you mean?”
“No client tells us what to do. Neither friend nor foe.” Bennie looked as if she were going to elaborate but stopped abruptly. “You’re the lawyer, Mary. You decide, not your client. Now I have to get to work. Good luck.”
Judy turned to Mary. “Honey, she’s really right. Let the case go. You don’t have any other option.”
“Not necessarily,” Mary blurted out. “There’s one other option we haven’t talked about, Bennie.”
Bennie turned to her in the hallway, expectantly. “What other option?”
Judy cocked her head. “Yes, what?”
“It’s a nuclear option.” Mary swallowed hard, wishing she hadn’t said anything, but needing to air it out. It had kept her up all last night. She’d known it was a possibility that Todd Eddington would deny everything, and there was only one way out that she could see, but she hated to pull the trigger.
Bennie fell silent, waiting.
Judy frowned, nervous. “Nuclear option? Mary, that sounds bad. What are you talking about?”
Mary heaved a sigh. “I’ll tell you, just to talk about it, but I don’t want everybody to get upset. I’m not wedded to it. It’s just an idea.”
“Now you’re scaring me.” Judy frowned more deeply. “What?”
“Well, the ethical problem is that the firm has represented Dumbarton.” Mary braced herself. “His complaint is that nobody from this firm can represent OpenSpace against Dumbarton.”
“Okay, yes, go on…” Judy motioned to Mary to keep talking.
“So, uh, we need to think outside of the box. The conflict is that I’m a partner in the firm. One option is to give up the case, and the other is to”—Mary braced herself—“the other is to consider taking some time away from the firm.”
“What?” Judy asked, astonished.
“Listen,” Mary rushed to explain, “if I did, the conflict would go away, since I never represented Dumbarton myself or was privy to any of its confidential information. So I was thinking, maybe I could take some time out to work on this case, like a sabbatical, or I would have to leave the firm.”
“Are you serious?” Judy’s eyes flew open. “Time out from the firm? Leave the firm? How can you say that? Your name is on the sign and letterhead. You just made partner! You can’t go!”
“I don’t want to.” Mary felt guilty seeing Judy so upset and she could barely bring herself to look at Bennie, but now the words were out of her mouth. “I mean, I would never do it otherwise, but it’s an option, a way out—”
“No it isn’t!” Judy wailed. “It’s not an option! You can’t leave me!”
Mary saw Bennie looking aghast, which provoked a profound wave of guilt. She didn’t want to leave the firm but she didn’t see any other way. She had come to love Bennie, even though she was still intimidated by her from time to time. She had worked for her for almost ten years and had been amazed when she’d become Bennie’s partner. They’d grown to be friends even though Bennie was hardly girlfriendy and they’d never socialized outside of work, even eaten out together. But working as partners had brought them closer, without Mary even knowing it. And she owed Bennie so much. Bennie had taught her that she was a better lawyer than she’d ever realized, and ironically, that she was strong enough to make it on her own.
Mary faced Bennie’s pained eyes. “Bennie, I’m sorry. Believe me, I know this is hurtful, but I can’t turn my back on Simon, Rachel, my family, and the whole entire community. If you had seen them at the hospital this morning, you would understand. It’s no-win, either way.”
“Mary.” Bennie regained her composure, her lips forming a grim line. “You and I have a partnership agreement. It can be dissolved by written notice from either one of us, at any time. If you wish to dissolve the partnership agreement, please let me know. It’s your decision.”
“I don’t want to do it, I just think I’m in a position where I have to do it.” Mary felt heartsick. She had to make Bennie understand. There was no good answer. “I go way back with Simon and—”
“You needn’t justify it to me or anybody else. No hard feelings. I understand. Make whatever decision you need to, but do it quickly.”
“But I’m so sorry—”
“No need to apologize. You can’t live your life to please other people, even me. Now I really do have to get to work.” Bennie turned away and resumed walking toward her office. “Let me know your decision.”
Judy grabbed Mary’s arm, her expression agonized. “Mary, you can’t mean this! You can’t leave the firm! We’ve worked together forever! Two peas in a pod, best friends! You can’t do this!”
“Judy, let’s talk about it—”
“No, Mare, I don’t want to talk about it! I don’t want to even consider it! You’re blowing up our law firm? Our friendship?”
“Nothing blows up our friendship,” Mary said, speaking from the heart. “Let’s go to lunch and talk it over.”
“I can’t, I’m too upset to eat!”
“Let’s go.” Mary took her hand, tugging her away.