Best Practice

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Best Practice Page 9

by Carsen Taite


  Perry frowned. “Did they do it?”

  “Did they engage in dumping? Yes. Was it illegal? That’s another issue entirely.”

  “Seems like it should be pretty easy to determine.”

  Grace held back what she was sure would be perceived as a patronizing smile. “Tell you what. Why don’t you look at the evidence and judge for yourself. Most of what we have on both cases is in electronic form and I’ve got an extra computer setup loaded with the documents. At my old firm, I’d probably have a team of interns and associates working the cases. We’ve tried some temporary help, but so far it’s been kind of hit-and-miss and I could use a new set of eyes on the project.”

  “Temporary help of a different kind?”

  Grace didn’t take the bait. “You’re smart, and while your experience isn’t in traditional litigation, I figure it’s given you the tools to problem solve—not a skill possessed by any of the contract attorneys we’ve encountered so far.” She handed a flash drive to Perry. “All the pleadings to both cases are on there. Why don’t you take the morning to review them, and then we can have lunch and talk strategy. Deal?”

  Perry looked surprised at the assignment, which told Grace she’d taken the right tack. At a more traditional firm, the lead attorney on the case would normally tell the associate to start reviewing documents without necessarily providing much in the way of context and they generally wouldn’t be seeking substantive input. While Grace didn’t think she needed Perry’s opinions about how the cases should be managed, Perry needed to feel like she was valued if she was going to be convinced to stick around.

  “Sounds great. Where do you want me to set up?”

  “I’ll show you.” Grace led the way out of her office and down the hall to the one spare office at the firm, outfitted with a basic desk, chair, computer, and boxes of files. “We’ve set this up as our war room. It’s not fancy, but it’s the best place for you to be to manage the litigation.” She pointed at the boxes. “I know I said most of the discovery is electronic, but those are some older manuals, along with some key documents—company memos, etc. Don’t worry about trying to sort it all out right now. The pleadings are your best bet for getting a handle on the case.” She looked at her watch. “I’ve got a conference call in a few minutes. I’ll check in later, okay?”

  “Sure,” Perry said, but she was already in the process of firing up the flash drive and flipping through the documents, so Grace left her to it. She’d barely made it back to her office when Abby burst through the door and settled into the chair Perry had occupied moments ago.

  “How was London? What did you eat? What did you see? Any royal sightings? Tell me everything.”

  Grace grinned at Abby’s infectious enthusiasm. She reached under her desk and produced a bottle of gin she’d purchased at Camden Lock. “I know this isn’t your beverage of choice, but when in London…Besides, I rode a bicycle all over the city, breaking all kinds of traffic laws, in the acquisition of this fine spirit.”

  Abby raised her eyebrows. “You? On a bike? I’m trying to conjure up the image, but I’m having trouble getting there.”

  Grace chucked a paperclip at her. “I know you and Campbell think I’m a stick-in-the-mud, but I know how to have fun.”

  “And it sounds like you did. Any chance you got to share some of your fun with cute English girls?”

  Grace flashed to riding alongside Perry, both of them laughing at their encounter with the angry Englishwoman and then to the way Perry stood close to her on the Eye in an effort to allay her fear of heights. She felt a flush of warmth at the memory, but when she caught Abby staring, she pushed the thoughts away, pledging to examine them later. “Sadly, no Englishwomen. But I did meet a woman on the plane. She’s some kind of corporate raider and she lives here in Austin.”

  “Intriguing. When are you seeing her again?”

  “When did you start running a dating service?” Grace deflected. Abby could be relentless when she got an idea in her head.

  “You’re hilarious,” Abby said. “We could do a double date. Make that a triple date. Campbell wants to get together and discuss the wedding. What about this weekend?”

  “Sure, Abby, let me bring a first date to a group discussion about weddings. What could possibly go wrong in that scenario? Besides, my parents are coming into town, and I’m having dinner with them on Saturday.”

  “Fine, but I want to hear more about this mysterious woman whose number you are hoarding away. Happy hour. Friday night.” Abby pointed a finger at her. “You have until then to call her. Have lunch for your first date and then you can bring her out to meet us all for date number two. I predict a fall wedding.”

  Grace shooed her away. “I’ll agree to happy hour with you, but nothing more. Now, beat it, I’ve got a call with Hadley in just a few.”

  Abby was barely out of sight before Graham buzzed through to remind her about her conference call with John Hadley, the CEO of Hadley Construction. Grace straightened the files on her desk, pulled a fresh notebook from one of the drawers, and fished in her purse for her favorite pen. When she pulled it out, Danika’s card was stuck on the clip—a coincidence Abby would’ve said was a sign. She set the card on her desk and stared at it. Danika was pretty and accomplished and flirty, and she had no idea why she was hesitant about calling her. Sure, she was busy with work, but the few relaxing days she’d spent in London were a sign she could do with a lot more fun in her life. She propped the card up against her phone and pledged to make the call as soon as she was off the phone with Hadley.

  * * *

  Perry leaned back in her chair and yawned. She’d spent the morning reviewing the pleadings in both cases and was finishing up with some key documents the Hadley Construction company had emailed over that morning. From what she’d seen so far, she was convinced Grace’s client deserved whatever they had coming. In fact, she was surprised the EPA hadn’t yet found a way to get a piece of this case. The only question she had after reviewing all of the evidence was why Grace was wasting her time on a loser of a client who’d clearly engaged in illegal dumping with no regard for the law or the environment.

  “Are you ready for a break?”

  Perry turned to see Grace framed in the doorway, looking very corporate in her dark navy suit. Perry liked the more casual look Grace had sported in London better, but she had to admit the stark lines of the suit gave off an authoritative vibe that was strangely alluring. “Uh, sure.” She signed out of the discovery database and followed Grace toward the lobby, waving at Graham as they left.

  “This is me,” Grace said, pointing at the Nissan Armada.

  “Wow.”

  “I can’t tell if that’s a good ‘wow’ or a bad one.”

  Perry slowly walked the perimeter of the monster vehicle. “It’s an ‘I didn’t know you had a family of six that you need to transport around town’ kind of wow.”

  “Very funny.” Grace clicked the remote. “Get in. I’m starving.”

  Perry opened the passenger door, grabbed onto the roofline, and hauled herself up into the massive SUV. Once she’d settled into the cushioned leather seat, she surveyed the interior that more closely resembled the interior of a jet airliner than a car.

  “Quit acting like you’ve never been in a car before.”

  “It’s just a lot. Most of the vehicles in Crimea were stripped down pieces of crap. This is pretty luxurious.”

  “You say that like it’s a bad thing.”

  “It’s whatever.” Perry shrugged. She wanted to say that no one needed a vehicle this decadent when the cost of a car like this could feed a village, but she used the same analogy with her before and she didn’t want to pick a fight with Grace on her first day working at the office. “It’s definitely a sweet ride,” she conceded, hoping Grace wouldn’t press her to be more specific about her opinion. “What’s for lunch?” she asked to change the subject.

  “I’m craving Tex-Mex. Sound good to you?” Grace asked as she pulled
out of the parking lot.

  “Absolutely.”

  “Guero’s has plenty of vegetarian choices if that works for you.”

  Perry was touched by Grace’s consideration. “Sounds great to me, but you don’t have to do that.”

  “Do what?”

  “Tailor your restaurant choices around my diet. I can usually find something to eat anywhere. I’ve gotten pretty good at being creative with whatever ingredients a restaurant has on hand.”

  “When did you decide to become a vegetarian?” Grace asked. “I mean, I have vivid memories of you trying to steal food off my plate when I’d eat with you and Campbell back in the day, and you were definitely a carnivore then.”

  “True,” Perry laughed as she recalled a specific memory. “Remember that time Dad burned all the hamburgers but one and you got it because you were the guest. I think I broke a tooth on mine.”

  “Yes,” Grace said. “He wasn’t so great with the grill, but he was as polite as they come.”

  “He was.” Perry turned her head toward the passenger side window and closed her eyes to spend a moment reliving the sight of her dad in his Kiss the Chef apron standing near the grill. She could hear her mother calling out to remind him to keep the charcoal from flaring up, but he was usually in the middle of recounting a great story he’d heard or listening intently while they relayed some stories about their own exploits. Inevitably, the meat would catch on fire, not to be noticed until the smell of burning food wafted through the air. Her mom would appear in the doorway of the patio to warn him again, but by that time the flames would’ve engulfed the food, charbroiling it beyond recognition. Her dad would laugh and good-naturedly bite into his hamburger, declaring well done to be the perfect temperature.

  She shook away the sweet and sour memory and forced her focus back to the present. Grace had asked her a question. Something about food. What was it?

  “Are you okay?”

  She met Grace’s eyes and saw the same solace she’d offered when they were riding the Eye back in London. “Sure. Memories. You know.”

  “I get it. Sorry.”

  “Not your fault. Pretty sure I brought it up.” She fished around for a change in subject. “How are your parents?”

  “They’re okay. Splitting time between here and DC. Mom’s not a fan of the back and forth, but I think Dad loves it. Man of the people and all. They’re coming in this weekend and I haven’t seen them for a while, so that’ll be nice.”

  Perry heard a slight edge and Grace didn’t make eye contact, like she was both anticipating and slightly dreading the reunion. “I always liked your dad.”

  “Everyone did. Does. Which is good if you want to be in politics.”

  “But maybe not as good if you’re the daughter in the background…”

  Grace flinched slightly at Perry’s words.

  “Sorry,” Perry said. “I have no filter. It can be a problem.”

  “It’s okay. You’re right. I mean, I can’t really complain, my parents always made sure I had everything I ever needed and more, but there were definitely days when I would’ve preferred to have them to myself instead of sharing them with the entire state of Texas.” Grace backed into a space in front of Guero’s and shut off the engine. “Ignore my rambling. I know I should be lucky to have parents at all.”

  Something about her tone tugged at Perry and she reached over and clasped Grace’s hand. “Please. I get it. And you’re allowed to have your folks and have feelings about your relationship with them. You don’t have to be perfect all the time, you know.”

  “Ha! Very funny.” Grace pulled the keys out of the ignition and dangled them in the air. “Come on, I’m starving.”

  A few minutes later, they were drinking iced tea and stuffing their faces with chips and salsa. Perry loved the abandon with which Grace enjoyed her food, mostly because it was so at odds with the rest of her tightly laced demeanor. Watching Grace savor all the taste sensations led her to wonder what other things Grace savored and did she throw herself so completely into other pursuits?

  “Are you going to eat that?”

  “What?” Perry shook from her reverie and followed the line of Grace’s hand. Her slender, elegant hand with long, beautiful fingers, pointing at the last chip in the basket. “Chip, right. No, help yourself.”

  Their server showed up just then and Perry was grateful for the distraction of ordering. Like it had in London, her childhood crush had come roaring back, and she needed to get a grip. Grace was her boss now. Kind of. No, not kind of—for real. But that wasn’t the only reason her feelings felt so misplaced. They lived in completely different worlds and enjoyed completely different lifestyles. Grace was ultra-professional, representing corporations, while she preferred to rough it out in the real world, protecting the rights of the little guy. If they had online dating profiles, no algorithm in the world would match them up, and all the tingly sensations she felt when Grace was in the room were nothing more than the residual angst of youth.

  Once the waiter left, Grace got down to business. “Tell me your first impressions about the cases.”

  Perry hesitated. “Are you sure?”

  “Absolutely.”

  “Okay. Let’s talk grocery carts first. Leighton Industries will probably win at trial, but I think they should settle with the plaintiff.”

  “Interesting conclusion.”

  “I understand the words you’re saying, but your tone is all she’s crazy for thinking that.”

  “Got me,” Grace said. “What’s the point of settling if they have a slam dunk case?”

  “To do the right thing. I mean yes, Annie does seem to be exaggerating her injuries, but clearly she’s in pain. Who would go to the trouble of having a nerve stimulator implanted in her body if she wasn’t experiencing serious issues?”

  “No offense, but that’s a little naive. People do all kinds of crazy things when there’s a big payout on the horizon.”

  “Why is it whenever anyone says ‘no offense,’ they are absolutely about to offend?” Perry asked, trying not to be too pissed off at Grace’s condescending tone.

  “You have to admit I have seen a few more of these cases than you.”

  “True. But I bet Leighton will spend more to try this case than they could to settle.”

  “Now you’re trying to run me out of a job.”

  Perry stared at Grace’s narrowed eyes, trying to determine if she was serious.

  “Quit looking at me like that. I’m only kidding. If I thought settling was the right thing to do, that’s what I’d advise Leighton to do. But there’s an intangible cost to settling. Giving in on this case makes them a target for other lawsuits. A show of strength can be a healthy dose of prevention.”

  “Okay.”

  “I can tell you disagree.”

  Perry didn’t want to have this argument. It wasn’t like her to back down from a debate, but this wasn’t her war to win. Working these cases was nothing more than a few skirmishes on the path back to her work with Lawyers for Change, so keeping the peace was the best choice of action to just get through it, and she shoved aside the internal voice that said she’d argue more if someone other than Grace were on the other side. She settled on a vague, “Give me some time to see your point.”

  Grace eyed her carefully, like she was sure Perry was saving ammo for another battle, but she pressed on. “Any thoughts about the other case?”

  “How can I say this tactfully? Hadley Construction is a bad corporate citizen.”

  Grace laughed. “Don’t hold anything back.” She stared at Perry as if wondering why she wasn’t laughing too. “Wait a minute. You really think that?”

  “Of course, I do,” Perry said, not bothering to hide her indignation. “They’re engaged in illegal dumping without any regard to the environment or the people who own the land around them.”

  “Well, that’s not entirely true.”

  Perry held up her hand and ticked off the facts she’d summari
zed in her notes. “One, they accumulated an illegal amount of waste. Two, they hid it from the regulators. Three, they may have offered to remediate, but only after they were caught.” She put her hand down. “I could go on, but what’s the point? Have they offered to settle or do they not want to set a bad precedent either?”

  “Slow your roll, kiddo. It’s not as simple as that. First off, they had a plan to recycle the waste which is why they kept it in the first place. On their own land, I might add. Second, the only reason they got caught was because the busybody farmer next door illegally flew a drone over their property. Third, if the state was reasonable, yes, this whole case would be resolved out of court, but in my experience this agency doesn’t leave much room for compromise.”

  Perry heard everything she said, but it was all colored by the word “kiddo,” and she could not even. She wasn’t a kid. She was a grown woman with a law degree just like Grace and Campbell and Abby, and her age didn’t make her opinion any less valid. “So, I guess they’ll pay, just not the right people.”

  Grace scowled. “What’s that supposed to mean?” She held up a hand. “Never mind, I’m pretty sure I know, and I resent the implication we’d drag out the case to earn a fee. Is that the kind of lawyer you think I am?”

  Perry wanted to say no, but the truth was she didn’t know anything about Grace’s practice at the firm other than she represented corporate clients over the little guy. She studied Grace’s face for a moment and detected a trace of hurt behind the frown. She’d either hit a sore spot or landed a punch that wasn’t warranted, and the fact that she’d known Grace for most of her life meant she should give her the benefit of the doubt. “Sorry, I get a little heated sometimes. To be perfectly honest, I don’t know much about the firm, other than the story about how you, Campbell, and Abby all quit your high-paying, big law jobs to go into business for yourselves. Campbell doesn’t talk shop much with me. Care to give me the inside scoop?”

  The frown disappeared and Grace’s shoulders relaxed. “Sure. We have three simple principles. We’re client-focused which means we tailor our work for each individual client—nothing cookie-cutter. We’re efficient—no wasting time pursuing strategies that aren’t agreed to in advance. And we’re accountable—unlike firms where associates do all the work and the partners take the credit, we work on the cases ourselves. And when it comes to fees, we’re creative and we work with our clients to find a solution that meets both of our needs. Some clients want the traditional retainer and regular billing, but a lot prefer flat fees so they know up front what their obligations are going to be. Sometimes that works out well for us, and sometimes we get burned when a case turns out to be more complicated than we expected and takes longer to resolve.”

 

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