CLOVIS HAD SEEN ME GET IN THE CAB and had rushed to my home. He’d swept it for bugs earlier in the day. We could talk freely, and boy did I need to talk to a friend. I told him what had transpired in the cab.
“Sounds like the stakes have gotten a little higher. What now?” he asked.
“For starters, I’d like to punch Hans in the nose. Then I’d like to win this lawsuit and expose every single person behind his threats.”
“What’s stopping you?”
“I can’t bear the thought of something happening, someone getting killed because of me.” I almost choked on the words.
“Hmph!” he answered with a snort. “Have you asked even one of us how we feel? We’ve all gone through this before and…”
“Clovis, you weren’t on that island,” I interrupted. “You haven’t heard this guy. He’s a professional; he means what he says. He almost killed me, and he will kill you, all of you.”
We both let that sink in a minute. Clovis took his time before responding.
“In fact, we’re all professionals, and it’s our call whether to take the risk or not, this risk or any other for that matter. I know Walter is concerned about Maggie, rightfully so, but she doesn’t feel the same way. She wants to be involved, to be at your side when you try a case. When her first husband left her, you gave her a career and the confidence to remarry. Do you think for a moment that she wants you to tank a lawsuit to protect her?
“Each of us not only owe you, but we also feel better about ourselves when you put your trust in us. Look at Brian. You took a gay soldier who couldn’t get a job and turned him into a man who has become the pride of his family. He researched every single company in the complaint and wrote a brief in less than twenty-four hours that has totally unnerved the opposition, convinced them that no matter how they respond, his argument will win. He fought in the Middle East. Do you think he’s shaking in his boots over a jerk like Hans? When you try to protect us, we’re insulted.
“If you give in to Hans, we’ll still love you, but as for respect, I’m not so sure. A lawyer who would lose a case on purpose, whatever the reason, is not the Jack Patterson we know. To hell with Hans! We don’t want protection; we want you to tell us how we can win.”
It was a good lecture, one I needed to hear. But I still wasn’t sure what to do. I expected the judge to call us to the bench tomorrow and give us a trial date. If I continued to demand a jury trial, there was a good chance nothing terrible would happen; Hans would wait to see if I blew the case. But at some point, his threats would become reality.
And Clovis was right. I needed to tell my team how I would proceed and let them decide whether they wanted to participate or not. So now it was time for me to come to a decision.
He was waiting, by now used to my internal debates. I clapped him on the shoulder and said, “My friend, gather the troops tomorrow at the farmhouse. I need to think for a while and then sleep on it. I’ll drive out in the morning.”
Clovis smiled. “No, you won’t. I’ll drive you there in the morning. I’ll be staying in your guest room tonight.”
I do own a car, a very nice car, but I seldom drive it. I can’t stand DC traffic and parking downtown is impossible. I leave it in the garage at my condominium and take it out just often enough to keep the battery charged. I worried that it might not start the next morning, but fortunately it purred like a kitten when Clovis turned the ignition.
We picked up coffee on the way out of town. DC traffic never ceases to amaze me. Its roads and highways are parking lots in the mornings and afternoons. Where do all these people work, and why do they put up with hour long or longer commutes both ways, five days a week? Do they listen to books on tape, or do they dream of sailing into the sunset? The commuter trains and Metro cars are packed to the gills. So many people crammed into such tight spaces! I suppose it says something about the excitement of the city, its cultural and educational opportunities, museums, and fine restaurants. Or maybe not since these commuters must either prefer living in the suburbs or can’t afford DC real estate.
My musings about traffic and commuters could only keep my mind off my dilemma for so long. I was still unsure exactly which course I would follow; so much depended on the judge and the opposition. But in the back of my mind, behind all the musings over traffic, a strategy was beginning to take shape.
“Clovis, find a way to talk to Royce without being overheard. Warn him that if my plans change, Hans may go after David. His clients fear David’s computer skills as much as his software. Our chances of winning the lawsuit are slim, but win or lose, David poses a threat to them. If Hans is willing to murder me if I don’t cave to their demands, he won’t hesitate to arrange a prison suicide for David.”
“I’ll take care of it.” His face was set in grim determination.
My team was already assembled by the time we walked in the front door. I was happy to see them enjoying each other’s company as well as the pastries Maggie had contributed. I was also glad to see Rita, who looked none the worse for yesterday’s experience. She rose to greet me, and I was surprised by how tall she was, easily as tall as David. Conversation quickly halted, and all eyes looked toward me and Rita. But before I could say a word, Brian informed us all that the judge’s clerk had called. I was due at the courthouse at one o’clock. As Sherlock might have said, the game was afoot.
I thanked Brian and began, still unsure exactly what to say. “First, thank you for joining me this morning. Clovis has told me that despite significant threats to your safety, you all want to remain involved…”
Stella interrupted, her tone sharp and impatient, “Cut the intro, Jack. If you’re ready to go for the win, we’re all in, everyone in this room. Tell us how you’re going to pull it off and quit with the worrying about our safety. It’s a waste of time, and if you and Maggie are going to make today’s hearing, we don’t have much of it to waste.”
My decision had been made for me.
“Okay. I’m pretty sure the judge will set the date for trial today. I don’t know how soon, but Jordyn knows I’m not prepared to defend David in any way, shape, or form. Hell, I haven’t even spoken with my client, much less performed discovery or deposed their experts. She’ll make one last attempt to get me to waive a jury trial, probably with the judge’s help, because she wants me to have less time to prepare. Given more time, I might find a hole in her case.”
Maggie asked, “What can we do to get more time?”
“Normally, I would use every trick in a trial lawyer’s book. I’d have scheduling conflicts, need more discovery, have an illness in the family, even claim witnesses had disappeared. But nothing about this case is normal, and if I’m right, more time also works against us.”
“How’s that?” she asked, looking confused.
“Well, I think there may be at least two holes in their case, both pointed out inadvertently by Duke and William Stanford. It will take some digging, but if we can confirm their existence, an early trial date might allow us to use them before Jordyn even realizes she’s got a problem.”
“Are you going to tell us what they are?” asked Brian.
“No, and not because I’m playing hide and seek. I don’t want to prejudice the work I ask you to do. I’d rather give you projects and see what you turn up. Who knows? You might turn up something totally new to me. And don’t worry—you’ll know what I think long before trial. I’ll need your help to devise a strategy to use against them.”
No one argued or said a word. I waited a few minutes to gather my thoughts before continuing.
“I know you’re all on board, but I need to tell you this. It’s likely that this afternoon Hans will finally realize that I won’t take orders from him, and you will all be in his crosshairs until this case is resolved. That’s another reason that more time works against us. Clovis and Big Mike will meet with Martin to increase our security, so please be careful and listen to them.”
“You’ve said your piece, now tell us what to do. Time’s a’wastin!” Stella was ready to go to work. And even better, her enthusiasm was contagious.
“Okay—first, Stella and Rita. I need you to double your efforts to discover what David’s software does. See if you can find a note or doodle that could be an early version of the software, especially anything that relates to his cousin. David is bound to have backed up his work on a cloud somewhere; try to find it.”
“Will do,” Stella answered, trying to stifle a grin. “But Jack, you don’t have any idea what you’re talking about, do you?”
“Not a clue,” I admitted. “The only clouds I understand are cirrus and cumulus. But I’ve got a feeling there’s a doodle or a mustard stain somewhere in that box that will help us win.”
Rita wasn’t shy. “If it’s there, we’ll find it.”
“Next: Brian. I need you to be in two places at once. We need someone to man the office because Jordyn will surely try to bury us in mountains of motions, and they’ll need your attention. At the same time, Maggie and I need you in the courtroom. I feel sure Jordyn has a few surprises up those designer sleeves. So please go to the office now and let me know whatever she’s filed so far. Then meet us in the courtroom.”
“And if she doesn’t bury you in paper this morning?” he asked halfway out the door.
“Check with the court clerk at the courthouse for any filings. She may have conveniently forgotten to send them to us.”
I didn’t like to think a fellow lawyer might blatantly fail to follow the rules of procedure, but it has been known to happen.
“Clovis and Mike. I can’t think if I’m worried about being shot or someone else getting shot or whatever else Hans has in mind. Get with Martin and Lisa—where is she, anyway? Work out our protection for the next few days. Stella, it would be heaven if you could create a bug free zone for us to work in, but don’t let it take you away from your research.”
“Not to worry—like most women, I can multi-task quite well,” she replied.
“Finally: Maggie. We’ll have to get ready for court soon. I’d like us to take a walk first.”
As we strolled away from the farmhouse, I turned to her and asked, “Are you sure you want to be a part of this?”
“Walter and I discussed it last night after Clovis called. This will be your last case, and Walter knows I couldn’t stand not to be with you. He’s okay with it; nervous, but okay.”
“How do you know shutting down the office and going to work for Red isn’t part of my act?”
“Because Red and I talk. We actually get along quite well, but don’t tell anyone, especially Lucy. He even offered me a position with his company when you join him, but I turned him down. I want to spend time with my horses, and Walter wants us to travel more often. This is our last case. Now tell me how you’re going to pull a rabbit out of this hat?”
As we continued to walk, I explained the weaknesses I saw in Jordyn’s case, and the clues Duke and Stanford had given me. Maggie has always been a great sounding board, mostly listening except when I get too optimistic. Now she reminded me that we still had a very weak case, a hostile judge, and no way to confer with our client, the one person who could either confirm or shoot down any theory I might propose.
Maggie also pointed out that we were going into this afternoon blind. I thought I knew what would take place, but for the most part I would be flying by the seat of my pants. When that happens, I tend to get a little cocky. Maggie had a way of pulling me back. She was my restraining bolt, so to speak, the person who kept me from being too full of myself. Most trial lawyers could use such an aide, but Maggie was one of a kind. I felt a lot better about our chances now that she was back at my side.
We walked on for a few minutes in silence; there wasn’t much more to say.
She suddenly turned to me and said, “It’s time to go.”