by David Cooper
But the Particulars had not stopped there. They now also embraced the two solicitor candidates Russon and Nicholas, who had deserted her for Avery a matter of days after her initial defeat. It had gone on to cite the attempt Avery had made to entice Gemma Gabriel away and promote her as an exclusive candidate of Wave Recruitment, as well as the steps that he had taken to destabilise Dawn immediately before he had jumped ship.
And above all, with Karen determined to defy any personal embarrassment she might face over her short lived affair with Squire, her case also included a claim that Paul Craven’s introduction to BLH involved the wrongful diversion of a valuable business opportunity from Ripple. She accepted that this head of claim remained speculative at best, ahead of what might emerge from the disclosure round. But it was sufficient for present purposes to cite Dawn’s recollection of when Craven attended at Ripple’s office, alongside the potential relevance of the ‘PC Bastards’ diary entry and the coincidental timing of the Birmingham Post article.
Lennie knew from his many years of litigation experience that there were always two sides to every story. In a week’s time, when Avery’s formal Defence was due, he knew that Avery might just stonewall, or decide to set out a detailed rebuttal. Or, unlikely as it may be, he might admit some of Karen’s allegations and spare her the need to prove everything.
But Lennie was still left with an initial decision of his own. Should he let the point go for now, or…
Damn it. Let’s flag it up now.
Returning to the draft email, which only invited BLH Solicitors to open the attachment and acknowledge formal service of the papers, he added some further sentences.
‘You will note what our clients are claiming in relation to their candidate Paul Craven. Either Mr Avery left Ripple and then wrongfully solicited Mr Craven away, or he placed Mr Craven before leaving Ripple and failed to account for the profits, improperly diverting this business opportunity to himself. Whatever the explanation, it is linked to Mr Craven’s placement with your firm, as the recent press report confirms.
‘Subject to the manner in which your clients will look to deny liability upon this issue (assuming, of course, that liability here will not in fact be admitted), there is a clear risk of a conflict of interest that would call into question whether you may properly continue to represent these Defendants. We anticipate that your standpoint may be that there is no risk of conflict where this action is being handled from the Edgbaston office of the former Lewis Hackett practice, and not from your head office where the former Bastable & Co practice was based. Whatever the case may be, our position necessarily remains fully reserved.’
* * * * *
It came as no surprise to Avery, as he read the incoming email and the attached Particulars, to see that Karen’s claim was still focused prominently upon the concerted loss of the three paralegals. He scowled and flicked to the next page, where his attempts to entice both Gemma Gabriel and Dawn Vallance away from Ripple were cited. These provoked nothing more than a sneer. His reaction was scarcely different when he saw the reference to the more recent defections of Stephanie Russon and Godfrey Nicholas. But he sat bolt upright when he read the section relating to Paul Craven.
How the hell did she find out about him?
Avery looked through the sparse file of papers relating to the fee that he had been paid for effecting Craven’s introduction to BLH Solicitors. The copy start confirmation, bearing Craven’s signature and the prominent reference to Wave Recruitment as the agency, gave him some reassurance. But he knew that the largely undocumented background was not as he would have wished it to be. If only…
The response to the email that he proceeded to fire off in his anger was back with him in less than ten minutes.
‘Damn the bitch. Yes, of course you and I are still singing from the same hymn sheet, and there’s no need to worry that Tony won’t be. But you’d better start thinking of a way to bat that diary entry away. Regards, Rufus.’
However reassuring the message may have been, Avery was still left fuming over the fact that his desk diary had somehow, coincidentally, found its way to the Ripple photocopier behind his back. Ignoring the fact that he had helped himself to Karen’s management accounts in similar fashion, he reflected bitterly on how fate might have brought him a completely different working and personal relationship with the likely culprit, Dawn Vallance. His thoughts strayed in turn to the images stored on his phone, and whether they might provide him leverage, should she show any sign of giving Karen anything more than token help.
Wednesday 24 th April
Had it not been for his decision to boycott the previous Friday’s pub session, Craven might have had the benefit of some useful practical advice ahead of his first ever monthly departmental lunch at BLH Solicitors. He could have been tipped the wink to ensure that he made it to the boardroom early enough to be able to sit with the seniors, and to avoid the juniors and trainees who would invariably set about the more tempting sandwiches with the finesse of starving pack animals. But he had been left in the dark and was none the wiser when most of his colleagues drifted downstairs a few minutes ahead of schedule.
Craven waited until he noticed Squire leaving his office, and hurried along behind. He then found himself with no choice other than to occupy a single remaining seat between Hutchings and another trainee to whom he had never previously spoken. The insult of the familiar odour of cigarette smoke from Hutchings’ jacket only served to compound the injury of the almost empty sandwich tray in front of him. He quickly reached for the unappealing remains.
At the opposite end, Squire sat down at the head of the table between the two other partners and busied himself with the agenda.
“Right, last month’s billing highlights…”
As he looked through the documents that accompanied the agenda, Craven soon managed to understand their significance and main implications, notably the effect of the final charge to the finishing line when the firm’s financial year had ended three weeks earlier. The overall performance, ahead of the merger between Bastables and Lewis Hackett, had been respectable rather than outstanding.
“Now, individual contributions to practice development.” Squire ticked off the first agenda item and continued. “Before I ask for anyone’s news, I’d just like to mention an idea that I’ve been discussing with Tony Wagstaff, well ahead of the big get together when he and his team all move down here. For want of a better title, we’ve labelled it the Mandatory Networking Allowance for the time being. The way it would work would be like this…”
Squire went on to explain the basis of his scheme, which would involve each of the department’s fee earners having a monthly entertainment budget allocated to them and being expected to use it all. It only served to make Craven groan inwardly. Throughout his previous career dealing with contested debt claims, almost literally the dirty work that his clients looked upon as an unwanted by product of their commercial activities, he had never been put under any pressure to engage in networking. He carefully concealed his dismay at the enthusiastic reaction round the table, and hoped that there would be some way for him to steer clear if it ever came into force.
“OK then, any great personal achievements on the marketing front?” There were a few responses, and Craven listened with polite interest. “No one else? Right, onwards. Cases and files? Anything interesting to report?” Squire glanced around the table. “Paul, how about you? What’s going on in the Mansells’ back garden?”
Craven was startled to find himself suddenly put on the spot. His first instinctive thought, knowing that this was one of the inherited files where Squire expected to be copied in on all of the outgoing correspondence, was to ask why Squire wanted to be reminded of something he already knew. But he caught himself in time.
“Er…we’re still trying to arrange a joint site visit for the experts. That’s about it, really.”
“So no invitation to Dillingford Hall yet, then?” To Squire’s right, Seb Finnie chipped
in. “Maybe you’re the lucky one.”
There was an outbreak of collective laughter at the senior end of the table. Craven could not tell whether it was meant in sympathy, or if he was being teased over an ordeal he was yet to face. He looked down and fervently hoped that he would not be prompted to say anything more. Fortunately his anxiety was spared when Finnie continued.
“I’ve got something brewing. Old university friend of mine, really coining it in, something not quite right with one of his latest deals…”
With no one else finding the urge to contribute to the discussion after Finnie, Squire turned to the last formal agenda item, an update on the Bastables merger with Lewis Hackett and the repercussions for the department once the two firms were together under the same roof.
“And of course most of you, almost all of you in fact, will have met Tony Wagstaff again when he joined us in the pub after his court victory the other week…”
Craven wondered if the comment might have been aimed at him. Thinking of the dour individual who had accompanied Squire at his interview, only speaking occasionally, and the hostile atmosphere of the Friday lunchtime venue, he felt silently relieved that he had missed out on being reintroduced.
“OK, then, any other business. Well, I’m led to understand that Kerry Gibbs is still making the most of her maternity leave, so we’ll not be seeing her for a while. She sends everyone her best wishes. Caroline, of course, has just left us to follow in Kerry’s footsteps, and that’s my cue to remind everyone that Paul has just joined us. I hope everyone’s doing their best to make Paul feel welcome.”
Almost in despair, Roger Blake looked down the table and hoped that Craven would at least say something. But Craven was lost in thought, wondering why he seemed to have so little in common with his immediate colleagues, and how much of a contrast Jackie Browning was in comparison to them. Unconcerned, Squire rattled through the rest of his notes, and closed the meeting when it was plain that no one else had anything further to add.
“Can I have a quick word?” Just as Squire was about to leave the room, Finnie called him back. “Before I forget, how’s Tony’s case going?”
Squire scowled.
“Bit of a setback last week. He couldn’t get security for costs, so the Defence is due next week.”
“Bad luck. Can’t be helped. Anyway, that’s not what I wanted a word about. This new action of mine, for Jerry Endacott. I’m going to need a decent note taker with me for the first meeting, once we get the green light. How would you rate Jake Hutchings, from what you’ve seen of him so far?”
“Hasn’t got it up top, I’m afraid. I’m happy to humour his old man, and let him have all the spectator experience he wants, but he’s never going to make it in this department. Tell you what, Seb. Why don’t you get Paul on board? He’s as naïve as they come, and there’s something funny about him I can’t quite put my finger on, but he’s pretty thorough on his own files. You never know. If you did involve him, it might be just what he needs, you know, all that direct supervision, proper teamwork...”
“Thanks, Rufus. I suppose it might depend whether Jerry wants a meeting with a quick drink afterwards, or a booze up with a meeting attached to it. I’m just thinking…”
“All the more reason. You might manage to snap Paul out of this habit of hiding away all the time.”
Thursday 25 th April
“Do you want to speak to Fiona Bingham?”
The day had started in most unwelcome fashion for Karen. She had received an email from Rod Hillier, the insolvency solicitor whose name had appeared as one of the last entries in Avery’s desk diary. She had been in little doubt that the entry showed that he was scheduled for an interview. But the incoming email had made no reference to it. Hillier had politely acknowledged Karen’s mailshot to all of her candidates and law firm clients from a week earlier, before going on to explain that he had already signed an exclusive agreement with Avery a day earlier. Dawn’s discovery of a file in Hillier’s name, proving that he had agreed terms with Ripple before Avery’s departure, was of no practical use. Karen was none the wiser as to whether he had followed Avery or had been enticed away. Lennie assured Karen half an hour later that she could add this to the list of issues in dispute, and let the judge decide whether she had a case over Hillier’s defection too, but it gave her little comfort.
“Go on, I need cheering up. I’ll take a chance.”
Karen headed back to her office and Dawn transferred the call. She found out that the call from her client at Hunter & Co was very welcome indeed.
“I think I’ve struck lucky with Charles Butler, the first candidate who replied to your advert.” Karen needed no reminder about the brief that she had been given a month earlier, to track down and introduce a family law expert. “Real paradox, this one. His wife’s a big shot in the energy industry, and she’s landed a plum job in the Midlands, so he’s relocating from London in her footsteps. I saw him yesterday. He’s ticked all my boxes, he’s dead keen for a fresh start, and he’s not even haggling over salary. I don’t even think I need a second interview.”
Karen’s sigh of relief was heartfelt.
“That’s really good news, Fiona. Anything I can do, just let me know.”
“Will do. That’s not the only reason I called, though. I’m about to send you something else. It’s probably going to make you start spitting blood, so it’s only fair I let you know before you read it. Especially when it’s more mischief from Wave Recruitment.”
“Oh God.” Karen suddenly feared the worst. “What’s he been up to now?”
“Trying to crash our party. You remember the online job boards where you placed our advert?”
“What about them?”
“Well, I had an unsolicited CV from him three days ago. Trying to make out that he had an ideal candidate he could introduce. Complete nonsense, of course. I’m convinced it’s someone who I know was asked to leave a Nottingham firm six months ago before he could be sacked. Totally unemployable. Anyway, that’s not the point.”
“Go on.”
“So I wanted to find out how he’d heard I was looking for someone. He’d obviously seen your ad on Lawjobs Direct. You ran it for one week only, if I remember rightly? Just to test the waters? Without mentioning Hunters by name?”
“Yes, exactly as planned…” Karen suddenly realised what must have happened. “Don’t say he piggy backed on my advert.”
“Afraid so. And he must have trawled round everyone in the city who was likely to be after a family lawyer, before he worked out it was us. But it didn’t stop at piggy backing. He’s copied your ad, word for word. Right down to the missing full stop at the end of the second paragraph. You’ll see what I mean when you get the email scan.”
Karen bit back an obscenity.
“Just promise me, Fiona, before I tell Lennie about this, you’re definitely going to offer the job to Charles Butler?”
“Yes, definitely. You can tell him yourself, if you like.”
“Thanks, that’s great.”
Ten minutes later, almost immediately after Karen had broken the good news to her successful candidate, the copy of the offending advert arrived. She forwarded it to Lennie and hurried outside to share the latest developments with Dawn.
“What are you going to do about him nicking your advert?”
“I’ll leave that up to Lennie. Mind you, part of me says that as soon as I get hold of Charles Butler’s signed start confirmation, I should copy it over to Wayne. And tell him to stick it where the sun doesn’t shine…”
Friday 26 th April
The post room clerk walked into Craven’s office, left a bulky document package on the unoccupied desk, and ticked his list of recipients. Moments later, Craven came back down to the department floor after another lunchtime interlude shared with Jackie Browning, and before any of his colleagues had returned from the pub. He picked up the memo attached to the document, wondering why he had been included on a circulation list from
corporate partner William Wilson.
‘MDV Precision: please advise potential exposure (costs, work in progress, liabilities) by return and cease all work.’
Craven’s curiosity quickly gave way to dismay when he read the first page of the accompanying papers, a copy of a letter from a local firm of accountants.
‘Notice to Creditors
MDV Precision Midlands Limited (in liquidation)
Please be advised that we were appointed liquidators of the above company on 22 April…
…It is not presently anticipated that there will be sufficient assets to enable any dividend to be paid to unsecured creditors…’
It was not the first time that Craven had been confronted with the unexpected demise of a company client part way through a live court action. He knew that this meant any litigation involving the company would be halted with immediate effect. No liquidator would agree that a hotly disputed claim should still proceed unless there was a realistic chance of a worthwhile return on future time and costs. He was in little doubt that MDV’s liquidator would take one look at the recent expert report on this particular case and wash his hands of it altogether.
“Oh, damn it.”
All of the recent work Craven had done for the clients, and the criticism he had suffered at the hands of Wilson and the clients’ short tempered production director, had been in vain.
Craven glanced through the alphabetical list of creditors, and the value of their claims as currently known to the liquidators. He noticed that the firm was said to be owed almost £20,000 in unpaid costs, a sum that paled into insignificance when he turned the page and noted that HM Revenue & Customs was due the best part of a quarter of a million pounds in tax and National Insurance liabilities. The bottom line figure showed a total loss to all creditors in the region of £650,000.
Once Craven had reminded himself of where the legal action stood, he turned to Wilson’s request. It was an easy task to report the firm’s actual unpaid costs and the value of the unbilled work in progress that was now a write off. But in his view, the firm’s liabilities to the client’s expert witness were a different matter. Although he could have confirmed the sum in question and left it at that, he decided to add some further explanation. He reminded Wilson that he only inherited the file from Caroline Shore when it was in an advanced state, and that he had mentioned the extent of the firm’s possible exposure to Wilson himself two weeks earlier, when he had asked whether it would be a good idea to press for the outstanding balance to be cleared.
