Attorney-Client Privilege (10 page)

O
livia and Ida listened attentively as I relayed Big Buy’s settlement offer.

I could feel their disappointment casting a dark cloud over my office. “So what would you like to do?”

“Why should we have to quit our jobs?” Olivia complained. “We didn’t do anything wrong.”

“I’ve settled lots of cases like this,” I explained. “Most of the time, the company does expect the employee to resign. But usually there’s a lot more than three months’ salary on the table.”

I also explained that if a jury believed that Big Buy intentionally refused to promote them because of their sex, they could win a lot more at trial. But unfortunately, I could not guarantee a win.

Ida toyed with the strap of her purse. She had barely opened her mouth since walking into my office.

Benjamin agreed not to come to the meeting since we didn’t want to lie to them about his injuries. News of the break-in would definitely freak them out, particularly Ida.

“So even if we go to trial and win, we would have to quit our jobs?” Ida asked.

“No,” I clarified. “But if you’re still working there at the time the case goes to trial, that would significantly reduce the economic damages the jury might award.”

I stared down at the notepad in front of me and took a few seconds to collect my thoughts. Trying to explain the mechanics of litigation to a non-lawyer wasn’t easy. People assumed you simply filed your lawsuit, marched into court a few weeks later, told your story to twelve sympathetic jurors, and walked out with a big fat check.

In reality, even if we won at trial, Big Buy could keep the case tied up in appeals for years. Just like I had the option of doing with Lamarr’s case. And remaining in the workplace while the lawsuit was pending could take its toll emotionally. Many plaintiffs went out on stress leave, or quit.

“I have to be honest with you,” I said. “We’re not going to win this case overnight. The longer the case goes on, the harder it could be for you at work.”

Olivia cocked her head. “But you said they can’t retaliate against us for suing them?”

Just because they can’t, doesn’t mean that they won’t
.

“That’s true. And the minute you tell me you think they’re doing something retaliatory, I’ll contact Big Buy’s counsel and put a stop to it. But continuing to show up for work every day could be very stressful.”

“It’s already stressful. I can’t even sleep at night.” Ida spoke just above a whisper. She was twisting the strap of her purse around her index finger. “I want to take the settlement. At least, I can pay off a few bills. My sister’s company is hiring. I won’t make as much, but the benefits are good.”

I was disappointed to hear this, but I didn’t try to change her mind. I waited for a response from Olivia.

“I ain’t quitting my job for that piddling offer. If we go away, they’re going to keep right on doing this stuff to other women. Right now, I feel like Daniel in the lion’s den. I want to expose those heathens.”

“I don’t have the time or the energy to fight for anybody else,” Ida said. “I have to think about my daughters.”

Olivia exhaled loudly. “What if we turn down their offer now, but decide to accept it later on?”

“The offer is only good for a week,” I said. “But as part of the litigation, we’ll have an opportunity to participate in court-ordered mediation. I can’t guarantee, however, that the offer will still be on the table.”

Olivia placed a hand on Ida’s forearm. “I know you need the money,” she said, “but this is bigger than us. Let’s keep fighting. We can probably settle for more later on.”

“There are no guarantees,” I cautioned. “If there’s evidence uncovered later that hurts our case, then—”

“Evidence like what?” Olivia asked.

I was trying my best to walk the balance between encouraging them to stay in the fight and telling them the real deal. I’d commenced litigation with solid cases before and had them knocked out on a legal technicality.

“There’s a lot of legal maneuvering that the attorney for Big Buy is going to do. For example, some of our most helpful evidence of discrimination could be barred by the statute of limitations because it happened a long time ago. They’ll argue that you should have sued when it first happened.”

“But that’s not right,” Olivia said.

“I agree. There’s a legal theory called continuing violation that should make the evidence admissible. But again, there are no guarantees.”

“I can do all things through Christ who strengthens me,” Olivia proclaimed. “We need to do this for Judi and every other woman at Big Buy.”

Ida sighed. “If you want to be a crusader for women’s rights, go ahead. I have to think about my girls.”

“You shouldn’t feel guilty about your decision,” I said to Ida. “I’ll let Big Buy’s counsel know that you’d like to accept the offer.”

“Can you work it out so I’ll have time to apply for some other jobs before I have to quit?”

“How much time do you think you’ll need?”

She hunched her shoulders. “I’ll get an application from my sister right away. A month maybe?”

“That’s reasonable, but let me get back to you for sure.”

Olivia stared out of the window.

“What about you, Olivia? Do you want to continue with the lawsuit?”

“Absolutely.” Her defiant eyes met mine. “I’m not afraid of those devils. I’m ready to fight.”

P
hillip Peterman sat cornered in the tiny interrogation room, barricaded behind a metal table.

The detectives had invited him back to the station for another round of questioning. They hadn’t uncovered any additional information that might lead to his arrest. Mankowski simply wanted to see him sweat.

He was glad Phillip was arrogant enough to think he didn’t need a lawyer. Lawyers only got in the way.

Thomas stood near the door, resting one shoulder against the wall. Mankowski sat directly across from Phillip on the other side of the table.

“Now tell us one more time,” Mankowski said, resting his hands on the table. “What time did you leave the house that night?”

Phillip gritted his teeth. “Didn’t we already cover this?”

“Yep, and now we’re covering it again.”

“Just before ten.”

“How many minutes before?”

“I don’t know. Five or ten.”

“Why didn’t you tell us you and Judi argued that night?”

Phillip’s face turned icy white. “How did you…?”

“So you admit it?”

“Yeah, but it wasn’t a big deal. She was upset because I had to go meet my agent.”

“I understand it was a pretty heated argument.”

“Not really.”

“Your neighbor was putting out the garbage along the side of her house when she heard you guys going at each other.”

“She must’ve heard the TV.”

“Nope,” Mankowski said. “She was pretty sure she heard you say something about killing Judi if she ever touched your face again.”

Phillip’s hands started to shake so he placed them in his lap, out of sight. “That’s a lie.”

“Know what I think?” Mankowski enjoyed the look of terror on Phillip’s face. “I think you guys got into a vicious fight and you went ballistic when she scratched that precious mug of yours.”

Phillip gripped the arms of his chair, probably to keep them still. “That’s not what happened.”

“I don’t believe you.”

“And I don’t care if you don’t believe me.”

“What did you do with the documents?”

Beads of sweat began to form at Phillip’s hairline. “What documents?”

“Those Big Buy documents that you neglected to tell us about.”

“I don’t know anything about any documents.”

“You’re lying,” Mankowski said, laying on the pressure. “And you’re about to go down. Just as soon as we get the results of your DNA test back.”

Phillip’s eyes bulged. “I didn’t give you my DNA.”

“We got it from that Pepsi can you drank from the last time you were here. Perfectly legal.”

Mankowski had been waiting all day to deliver this bombshell.

Phillip wiped his hand down his face.

“And you know what? I’d bet good money that the blood and skin we found underneath Judi’s fingernails were yours.”

They expected Phillip to go into meltdown mode. Instead, he displayed a calm, cocky smile.

“If, per chance, my DNA did happen to be underneath Judi’s fingernails, it’s not because she scratched my face. There could be another reason.”

Mankowski tilted his head to the right. “Really? Enlighten us.”

Phillip mockingly tilted his head to match the angle of Mankowski’s.

“We both preferred it a little rough during sex. She liked to dig her nails into my back. Deep enough to draw blood sometimes. She got off on it. I did too. We had sex right before I left that night.”

“There was no semen in her body.”

“We always used condoms.”

“Take off your shirt and show us the scars then,” Mankowski challenged.

“Why should I?”

“Because innocent people don’t make up bullshit stories like the ones you keep coming up with. So if what you just said is true, show us the scars.”

Phillip stood up. He took his time unbuttoning his shirt, placed it neatly on the table, then lifted his white T-shirt over his head. He slowly turned around. His broad back was grazed with long scratches. Some looked fairly recent. Others had already healed.

He turned back around and smiled down at Mankowski. “Satisfied?”

“Nope,” Mankowski said.

“Well, you’re going to have to be.” Phillip squirmed back into his T-shirt. He slipped into his shirt, but didn’t bother to button it. “I’m out of here.”

“The crime lab can tell us whether the DNA underneath Judi’s nails is from the skin on your back or your face,” Mankowski said.

Phillip looked nervously from Mankowski to Thomas, as if seeking confirmation of what he’d just heard.

“He’s absolutely right,” Thomas said.

“Like I said, these scratches came from a tree branch that no longer exists.” Phillip winked. “That’s my story and I’m sticking to it.”

As he made a move toward the door, Mankowski reached out to stop him, but Thomas interceded and let him leave.

“When we get this guy, it needs to be by the book,” Thomas cautioned. “And can the lab really tell what part of the body the skin came from?”

Mankowski grinned. “Hell if I know.”

Detective Hopper stuck his head into the room. Their annoying co-worker spent way too much time nosing around in other people’s cases. He seemed to be particularly interested in Judi Irving’s murder.

“What do you want?” Mankowski snapped.

“I just saw Phillip Peterman leave,” he said with a laugh. “Couldn’t get a confession, huh? You should’ve had me in here. I could’ve cracked him.”

“Yeah, right,” Mankowski said. “Why don’t you run along back to your desk and finish a crossword puzzle or something.”

R
ight after my meeting with Ida and Olivia, I called Girlie Cortez to convey my clients’ responses to Big Buy’s settlement offer. The obnoxious, game-playing human being that she is, Girlie waited three days before calling me back.

“I got your message,” Girlie said, sweetly, as if she was chatting with a dear friend. “So, are your clients going to take that great offer I made.”

I so wished I could tell her that both Ida and Olivia wanted Big Buy to take its offer and shove it.

“Ida would like to take your offer,” I said. “Olivia has decided to proceed with the lawsuit.”

Only silence came from her end of the phone.

“Are you there?”

“Yes, I’m here.” Girlie’s voice had lost its cheerfulness.

“So when can you get me a draft of a settlement agreement for Ida?”

“Never.”

“Excuse me?”

“Perhaps I forgot to mention it, but that offer was an all-or-nothing deal,” Girlie said. “Either both of them agree to settle or my client doesn’t pay either one of them.”

My hand tightened around the phone. “You’re kidding.”

“Actually, I’m not.”

“And what’s your rationale for this approach? Divide and conquer?”

“I don’t typically divulge my litigation strategy to my opposing counsel. Just go back and ask Ms. Jackson to rethink her decision.”

“There’s no need to do that. Olivia’s not going to change her mind.”

Girlie laughed crudely. “When I was in your office, you claimed both of them would turn down the offer. Maybe you’re wrong this time too.”

“Either Big Buy wants to settle with Ida or it doesn’t.”

“It doesn’t,” Girlie replied. “My client follows my advice. And my advice is no deal unless they both settle.”

“I guess I understand why you’re working so hard to get them out of the workplace,” I said. “Maybe some of their co-workers might decide to join their lawsuit. I’ve been seriously considering amending the complaint and filing it as a class action.”

This was pure bluff. I didn’t have the financial resources, the manpower or the expertise to file the case as a class action.

Girlie laughed. “You must not be up on your legal research. After the Supreme Court’s decision in the
Wal-Mart
case, it’ll be difficult for anybody to convince a court to certify a class action in a case like this.”

“I disagree. The
Wal-Mart
case involved over a million current and former employees all over the country. Mine would be a much smaller group of plaintiffs, with similar claims based on a corporate culture that blatantly discriminates against women. But if I have to, I’ll file the lawsuits store by store.”

Girlie laughed again. “Don’t make threats you can’t back up.”

“Oh, I can back them up. And I will.” I slammed down the phone.

It was rare for an opposing counsel to get me so rattled. But Girlie was in a class by herself. I grabbed a few bucks from my purse and ran downstairs for some fresh air and a Frappuccino. I had almost reached the elevators when the receptionist waved me over.

“I was just about to call your office,” she whispered. “Those two guys over there are here to see you. They’re detectives.”

She pointed at two cops in sports jackets with their backs to us.
Detectives?
My mind immediately raced to Lamarr. I prayed he hadn’t done anything crazy.

“I’m Vernetta Henderson,” I said, rushing up to them. “What can I do for you?”

The big white guy extended his hand. “I’m Detective Mankowski and this is my partner, Detective Thomas. We’re investigating the death of Judi Irving. We understand that she was a client of yours.”

Relieved that Lamarr wasn’t in trouble, I escorted them to my office.

Once we were seated, their first question took me completely by surprise.

“We understand there are some missing documents related to Big Buy,” Mankowski said. “What can you tell us about them?”

“Unfortunately, you’re delving into an area that could possibly breach the attorney-client privilege.”

“Does that mean you have the documents, but you won’t talk to us about them?”

I’d made Girlie think that I had the documents, but I didn’t want to lie to the police. “How’d you find out about them?”

Mankowski skipped right past my question just as I did his. “So do you have the documents?”

“No,” I finally admitted. “As far as I know, the only person who ever laid eyes on them was Judi. Her boyfriend claims he knows nothing about them. But I do think they could be connected to Judi’s death.”

I told him about the break-in at the Center for Justice and the attack on Benjamin.

“We’ll need Benjamin’s contact information,” Thomas said, a grave look on his face.

“Who’s the attorney representing Big Buy?”

A groan slipped out before I could catch it. “Her name is Girlie Cortez.”

“Didn’t you just go up against her in that rape case against the Legends wide receiver?” Thomas asked.

“Unfortunately, yes.”

“If you ask me, the jury got it wrong.”

“Thanks.”

“Do I sense a little professional rivalry between the two of you?” Mankowski asked.

“That’s a nice way to put it.”

“Is it possible she might have the documents?”

“If she does, neither you nor I will ever see them.”

“What does that mean?”

“It means Girlie Cortez will do whatever it takes to defend her client. And if those documents have any information harmful to Big Buy, they’ll never see the light of day.”

“Are you insinuating that she might do something illegal to make sure that happens?”

“I’m not insinuating anything. I’m saying it.”

“That’s a helluva accusation to make about another lawyer,” Mankowski said.

“Don’t take my word for it. Ask anybody who’s litigated against her. She plays by a different set of rules. She makes them up as she goes. And she never gets caught.”

Mankowski nodded slowly.

“You don’t seem to be too concerned that the documents are missing,” Thomas said.

“I don’t take cases based on mysterious documents I’ve never seen. I can prove Big Buy discriminates against women with or without those documents.”

“I’m assuming it’s not unusual for a company like Big Buy to be sued for discrimination,” Detective Thomas said.

“True.”

“So if there are documents out there that prove that Big Buy discriminated against your clients, I guess it wouldn’t be a big deal for the company.”

“I wouldn’t go that far,” I said. “Clear evidence of discrimination could be a very big deal. If Judi had some explosive documents that showed a pattern and practice of discrimination against women, then Big Buy would have a whole lot of reason for concern. That kind of evidence could significantly increase the company’s potential liability.”

I turned around and picked up a folder from my credenza.

“The verdicts in sex discrimination cases can be substantial, particularly if the case is filed as a class action. Novartis, a pharmaceutical company, got hit with a two-hundred-and-fifty-million dollar verdict. Morgan Stanley settled a sex discrimination case for fifty-four million and a year later, another one for forty-six million.” I handed Detective Thomas a
Times
magazine article about the case. “Mitsubishi paid thirty-four million. Rent-A-Center, forty-seven million. A verdict like this could force Big Buy into bankruptcy.”

“I thought women had equal rights,” Mankowski joked. “What’s the lawyer’s cut of a settlement like that?”

“Enough to retire,” I said with a smile. “But we don’t do it for the money. We want justice.”

“Thanks for your time,” Mankowski said, standing up. “I think we’re going to be taking a much closer look at Big Buy.”