ON THE WAY BACK TO THE OFFICE I pondered the fact that the opposition knew about my arrangement with Thibodeaux. I wasn’t worried that David’s case could be harmed. Who paid my fees was irrelevant to any part of the case. Any judge would throw out an attempt to sully the case by raising Thibodeaux’s reputation. I was concerned because I was now certain that someone inside Thibodeaux’s organization was leaking to the opposition. Who and why?
“Maggie, when we get to the office, please tell Stella that Jordyn knows all about our arrangement with Thibodeaux. I’ll call Royce. We need to discuss confidentiality, sooner rather than later. It’s going to be hard to defend David if the opposition is aware of our strategies before we can put them into action.”
I found Brian sitting at a small table in my office, reading the agreement the U.S. Attorney had sent over.
“It’s not like any agreement I’ve ever seen. It’s more like a gag order than a confidentiality agreement,” he said. “It’s as if the government is more concerned about the public discovering that David’s software exists, rather than its purpose. They ask you to agree not to make any public statement about the litigation and to limit any discussion about the case to your client, attorneys, and staff who have signed the agreement—and of course the judge.
“They’ve asked the court to place all pleadings under seal and to close any hearings to both the press and spectators. I don’t know how this is going to work with a civil suit going on at the same time. But they do hold out quite a carrot if you agree to their terms.”
“Okay, I’ll bite. What’s the carrot?”
“Unrestricted access to David, beginning this afternoon,” he replied. “They’ll also support David’s release from custody without bail if he agrees to their conditions regarding use of computers and compliance with the confidentiality agreement. Of course, the judge will have the final say about bail, but they assure me they’re not playing games.”
“Hmmph—sounds too good to be true. But I can’t agree to waive David’s rights without his permission. Will they let me meet with him before I sign the agreement?”
“They didn’t want to, but I reminded them that you couldn’t very well sign something your client hasn’t even seen. If you and David are willing to go forward under their terms, they’ll ask the judge to schedule an arraignment and bail hearing. Our meeting with David is at two o’clock this afternoon. You get one hour with him. Next, we meet with the U.S. attorney and his deputies. They seem to have quite the team working on this case.”
“Okay, work with Maggie on an engagement letter. I’ll go over the confidentiality agreement to see if I can live with its terms. From what you describe, the judge will probably have more trouble with the closed courtroom than I do. Jordyn can deal with him on that issue. I still want to look the U.S. Attorney in the eye before I sign anything, but at least we’ll be able to meet David and get this ball rolling. Jordyn was her usual charming self today, but I can’t imagine the judge will let the civil case go forward until the criminal case is concluded, no matter what the Ice Queen wants.”
Brian and Maggie went to work on the engagement letter, while I tried to follow the terms of the confidentiality agreement which I found to be a poorly crafted document. Government attorneys are used to litigating, not drafting agreements. Moreover, this instrument was trying to keep confidential a criminal process that is designed to be public and transparent.
More troubling were the conditions the government wanted to impose on David. How could he agree to limiting his use of computers since they were his livelihood? The gag order applied to him as well. Would he agree to refrain from even acknowledging the existence of his software in exchange for freedom?
Time flew, and before long we were going through security at the federal courthouse to finally meet with David Ruple. We were escorted to a small conference room where a deputy U.S. marshal explained the rules of the interview. As I had expected, the rules included the prohibition of phones, computers, or any other electronic device. I agreed and added that we hoped to have David sign an engagement letter.
Brian offered both the letter and a pen to the deputy, who inspected both, nodded his approval and said he would remain just outside the door in case we needed him. His easy-going attitude came as a pleasant surprise. The last time I had represented a defendant with national security implications, the FBI had insisted on sitting in during my initial interview.
David entered the room escorted by another deputy. He was wearing the typical orange jumpsuit with chains attached to his wrists and ankles. To my surprise the deputy quickly unlocked the chains and left the room with the other deputy. So far, the U.S. attorney had kept his promise.
Slight of build and bookish in appearance, David evidenced no kinship to his grandfather. His dark, curly hair was long on top, but almost buzzed on the sides. He wore thick wire-rimmed glasses. Yet he had a winning smile, and when we shook hands, his grip was firm. He didn’t appear to have suffered any indignities in jail, but I had to ask how he was holding up.
He gave me a rueful smile, rubbed his cheek, and replied, “I’m okay, mostly just bored. And I guess I could use a shave.”
I gestured toward the small table, and after we were all as comfortable as possible, I began, “David, we only have an hour, so let’s cut to the chase. Your grandfather has asked me to represent you and has offered to pay my fees, but the ultimate decision regarding a lawyer is yours. Your mother has engaged a lawyer to represent you as well, and if you’re interested, I suggest you interview him too. You may also know a totally different attorney you’d prefer to use.”
David held up his hand to stop me.
“I’m already aware of my mother’s attempts to control this process. When I heard that grandfather had chosen you, I did some research in the jail library. I can’t imagine why you’d take my case, and frankly, I don’t want to know what hold my grandfather has on you. But if you’re willing to represent me, I’d be a fool not to accept. Thank you.
“There is one condition. You must tell grandfather that I’ll repay him. The marshal told me the government has seized my business and bank accounts. I want him to know that once this is over, I intend to pay back every dime if it takes me the rest of my life. I have never asked my family to support me, and I don’t want to be beholden to any of them, no matter what the circumstances. Do you understand?”
I was impressed and told him so, adding, “David, if you’re uncomfortable with your grandfather paying my fees, we can work something out. You’re the client, no matter who pays my bill, and I will take my direction from you.”
“No, I’ll feel better if you’re paid upfront,” he replied. “I don’t understand what I’m supposed to have done, but I know I’m in deep shit. I was an independent contractor myself, and I know that when I wasn’t worried about being paid, I didn’t think about cutting corners. I need you to pull out all the stops, hire whatever experts you need, without being worried about money. My grandfather understands this. My mother wouldn’t. She’d expect any lawyer she hires to do it on the cheap.”
I offered to go over the terms of the engagement letter, but he declined, took it from my hand and signed it on the spot.
“Now can you please tell me why I’m in jail?
I couldn’t. But I did my best to explain what little I knew about the government charges, the civil complaint, and the confidentiality order the government wanted us both to sign. By the time I’d finished, our hour had slipped away. Brian gathered the papers, and I waited while David gathered his thoughts.
“Mr. Patterson, I’d do just about anything to get out of here. The software is no big deal. How could it be? I designed it as a favor for my cousin. If they’ll let me go back to my business and my girlfriend, I’ll gladly let the government have it. But something tells me there must be more to it. Have you talked to Rita? Is she okay?”
The marshal had opened the door quietly and was now waiting patiently.
“No, I haven’t talked to Rita, but she’s next on my list. From what Royce tells me, she’s okay, but frightened for you. Let me start the process of getting you out of here. We’ll have plenty of time to talk about the software and how we might resolve this matter quickly.”
We shook hands and the marshal escorted David back to his cell. I called Royce on the way to the U.S. Attorney’s office. I told him that our meeting had gone well, and that David intended to pay Tom back every penny.
“No surprise there,” he said. “I’ll tell Mr. Thibodeaux about David’s condition to your representation; he won’t be surprised either. David’s desire for independence is one reason the young man is his grandfather’s favorite. But you have a bigger problem: Gloria. She’s demanding that we pay Madigan’s fees, including a two hundred-thousand-dollar retainer.”
“David has signed an engagement letter with me,” I responded. “She’ll calm down, and Duke won’t hang around when he knows he isn’t getting a retainer.”
Royce responded, “I hope you’re right, but I wouldn’t bet on it.”