- Rick Acker
- When The Devil Whistles
- When_The_Devil_Whistles_split_043.html
36
CONNOR
COULDN’T FOCUS. HE HADN’T BEEN ABLE TO
FOCUS ALL MORNing. The only thing he remembered from the
8:30 Doyle & Brown partner meeting was that the breakfast
spread had included Nantucket Nectars juices. And he only
remembered that because he still had a half-empty bottle of orange
juice on his desk.
After the meeting, Tom Concannon had
stopped by Connor’s office to chat about golf and firm politics.
Connor had just smiled and nodded, waiting for his friend to
leave.
When Tom was gone, Connor started
writing a routine letter to opposing counsel in one of his cases.
After forty-five minutes, all he had was “Dear Fred.”
He knew exactly what the problem was,
of course. Allie. He had hardly been able to think of anything else
since their evening together yesterday.
Lying awake last night, he had given
free rein to his fantasies. He allowed himself to imagine showing
off his favorite chalet in the French Alps. She’d be amazed at the
snow and the manicured slopes. He’d ski and she’d snowboard, and
they would see each other in flashes as they sped down the
mountains.
Afterward, they would go to a little
restaurant he knew that specialized in wild game. They’d get the
table by the old stone fireplace and the owner would come out with
two glasses of Beaujolais as soon as they were seated, like he did
for all his regulars. Allie would sip her wine and look beautiful
in the firelight. They’d have pheasant—no, venison—and Allie would
make jokes about Bambi and Rudolph and they’d both laugh. Then
they’d walk back to the chalet with the moonlight silvering the
mountain and the narrow brick road before them. It would be cold
and she would snuggle up against him and say how happy she
was.
When he woke in the morning, he
remembered why that was a fantasy. Doyle & Brown had a policy
against lawyers dating clients, and they did not make exceptions.
Five years ago, a former corporate client had sued, claiming that a
D&B lawyer had seduced their general counsel in order to keep
her from moving the company’s multi-million-dollar legal budget to
another law firm. D&B paid six million to settle the case and
lost millions more when several big clients took their business
elsewhere “to avoid even the appearance of impropriety,” as they
put it.
And a romance with Allie wouldn’t just
mess up his career, it would ruin hers. Too many people wanted to
know who was behind Devil to Pay, Inc. Even if they were discreet,
it wouldn’t take long for someone to see them together. Then
someone would put one and one together and guess what the two of
them were up to. And then Allie would be nothing but an unemployed
accountant with a string of bad references.
So what was he going to do when she
called? He glanced at the clock. 11:15. Okay, fifteen minutes to
figure out what he was going to say. Pretend last night never
happened? No, that never worked. Besides, he didn’t want to find a
way to go back to the way things were—he wanted to find a way
forward where they could be together painlessly. He was good at
that— always had been. There was always someone he could call or a
bank account he could draw on somewhere. Things could always be
fixed. He just had to find the right lever to pull.
But how was he going to fix this? He
bit his lip and stared out the window, hardly seeing the
fog-covered bay outside. He could switch firms—but that would only
solve his problem, but not hers.
Maybe he could arrange a high-paid
accounting job for her at one of the companies where Mom and Dad
were directors. No, that would take her away from the
fraud-fighting work she loved. Plus, it would look like he was
buying her.
He picked up a model P-51 from his
desk (a gift from a former secretary) and spun the propeller. He
waited for inspiration to come, but the only thing he felt inspired
to do was get out of the office and take the White Knight up for an hour or two.
He looked at the clock again. 11:30.
He sighed and put the plane down. He’d just have to fudge his way
through the call and think some more. There was a solution there
someplace. He just had to find it.
At least Max had given them plenty to
talk about. DOJ had never turned down one of their cases before.
Once Max filed a “declination to intervene” as it was formally
called, the case would come out from under seal and litigation
would begin in earnest. And so would the bills. If Max was right
that the ceiling on their recovery was only about sixty thousand,
they really had no business going much further. D&B’s legal
bills alone would probably cost over sixty thousand. Per month.
Connor was entitled to his attorney
fees under the California False Claims Act, even if they far
exceeded the actual amount of the judgment. But he’d have to fight
for them, and the judge would likely slice a big chunk off of
whatever bill Connor submitted. Overall, it just wasn’t worth it.
He hadn’t asked the Executive Committee for permission to continue
with the case despite DOJ’s decision, but he had a pretty good idea
what they’d say.
He’d recommend to Allie that they fire
off a massive wave of discovery as soon as the seal lifted, then
offer to settle. The discovery would be cheap to prepare, but
expensive for Deep Seven to answer. Presumably, they’d be willing
to pay something to make the case go away at that point. Even if
they weren’t, the case would still go away. Or at least Connor
would.
Allie would understand. She was a
smart businesswoman, and she’d be able to see that going forward
with the case would be stupid. In fact, as soon as she called, he
would—
He looked at the clock in the corner
of his computer screen. It showed 11:35.
Weird. She was always punctual, and
they had specifically decided that she would call him because she
didn’t know whether she’d be home this morning.
11:37.
Maybe they’d had a misunderstanding
and she was expecting him to call after all. He dialed her cell
phone. It rang three times and went to voicemail. He left a
message.
11:40.
He called her apartment. The phone
rang once. Then a woman’s voice said, “The number you are trying to
reach is no longer in service. Please hang up, check the number,
and dial again.”
Connor hung up, checked the number,
and dialed again. Same message.
He hung up again and stared at the
phone, mind whirling.