“Let’s take twenty minutes so Ms. Alvarez can breathe. How about if we reconvene at two thirty?”
Tori walked out of the conference room with Alex Green in tow. She wasn’t about to leave him alone with Grossman and Jackson. She requested a cup of coffee for him from the receptionist and got him settled in a chair outside the conference room. Tori smiled and waited for Grossman and Jackson to retreat behind the closed doors of Grossman’s office before she headed for the ladies’ room.
Tori stood in the stall in the very nicely appointed rest room as she tugged down the jacket of her suit and adjusted the slim navy-blue skirt over her hips. As she was about to exit the stall she heard the door open and two women enter. She could barely see them through the wooden slats in the door.
“…he’s just the most gorgeous thing on two legs,” the receptionist chattered. “I hyperventilate every time he comes in the office.”
Cindy, Grossman’s secretary, didn’t respond.
The receptionist continued, “I don’t know why Zack is sitting in Bob’s office listening to the depo on the intercom instead of just sitting in. I’ve never seen him do something like that before.”
Tori gasped. No… it couldn’t be her Zack. Could it? She tuned in to the women’s conversation again. “I guess something must be up, but Bob hasn’t told me what. But I can tell you that Zack Talbot has been more involved in this case than I’ve ever seen him before. He usually leaves this sort of stuff to Bob and Chuck.”
Tori felt nauseous. Thank goodness the stall had a slatted door from floor to ceiling, and she was completely hidden. The other women couldn’t even see her shoes. She sat down on the toilet seat. She wasn’t sure her legs would hold her up at the moment. Her hands were shaking. She had to think. She took a deep breath to calm her nerves. And then she took another one. It wasn’t helping. The receptionist and Cindy finished, washed their hands, and left the rest room.
Tori realized that she would have to go back into the conference room and deal with this. She didn’t think she would be able to finish this travesty of a legal proceeding, or if she should even try to finish. She needed to figure out what to do—what all of this meant. She had to get a grip, be a professional. She couldn’t let anyone see how shaken she was. She had to just get the hell out of here before she broke down. My God. I’m involved with the plaintiff in this case? Talk about a conflict of interest.
Her client would have to be told, and she would now certainly have to withdraw from the case. She didn’t know what other legal ramifications there would be, but she was sure it wasn’t going to be pretty. As she sat there trembling, her temper began to kick in, and she was furious. What the hell was she going to do? What the hell had Zack been thinking?
* * * *
Zack was sitting in a chair next to Grossman’s desk as Bob and Chuck came into the room. He was stressed out, and he had had way too much coffee. His encounter with Tori the night before was still preying on his mind and had him off balance. Tori had been understanding, but he couldn’t forgive himself for his lack of control. He desperately wanted to make it up to her. “How much longer is this going to last?”
“I have at least another hour or two of questions. I haven’t even touched on his work on the ZApp program yet. I want him to detail every bit of work he did on that for the record.”
“This is nerve-wracking, just sitting here on the other side of the wall listening in.”
“If you think of any questions I haven’t covered that you want me to ask, just text me. Having you absent and unaccounted for might just rattle Green’s cage more than your actual presence in the room.”
“Right now I’m the one with the rattled cage. Sorry, guys. This whole situation has me more than a little off my game.”
* * * *
Tori knocked once, opened Grossman’s door, and walked right in. She stood in front of the desk and looked down at Zack for a moment before she turned to Grossman and said, “We’re done here. This is finished. I want out of here now. If you need to reschedule this depo, you can do it with my successor.” She turned on her heel and started toward the door without a word to Zack who looked like he’d been hit between the eyes with a boulder.
“Ms. Alvarez, Vickie, wait a moment. I need a private word with you.” Grossman started to stand up.
“No more private words. Wrap it up, Grossman, because I’m done—on more than one level.”
Zack looked stunned for a moment, and then he jumped up. “Tori, wait. Please. Just listen to me for a minute. This isn’t what you’re thinking right now.”
“Oh, I doubt that.” She continued toward the door without a backward look. In the reception area she stopped in front of Alex Green’s chair. “Alex, the rest of this deposition has been cancelled for today. I’m sure it will be rescheduled at a later date that is convenient for you. I’ll need to see you in my office tomorrow. How about 11:30? I have to meet with my partner in the morning, and then we can get together.”
“What’s this about? I cleared my schedule for this today. I don’t want—”
“It can’t be helped. We’ll talk tomorrow.” She walked back into the conference room, thanked the videographer, picked up her file and briefcase, and walked out the door without a backward glance. She may have looked ice cold and in control, but inside she was shaking—shaking with grief and fury. She knew she needed time to process these shocking new facts…and the betrayal she felt all the way to her heart. The pain she felt was physical, and she was sick to her stomach.
Chapter Thirty-Two
On Thursday morning, Tori waited in the conference room for Robert Barlowe. She had been trying to get a chance to discuss the Z-Tech suit with him since Tuesday. Any other time he would have been under her feet and in and out of her office several times a day. She had been vacillating between abject despair over the betrayal she felt at Zack’s deception and total fury that he could put her in this position. She couldn’t decide if she was more hurt or more mad. In either case, she was totally distraught.
“So, what’s so urgent all of a sudden?” Robert asked as he breezed into the conference room and dropped down in one of the big leather chairs around the table.
“I’ve got a major problem with the Z-Tech case,” she said and proceeded to fill him in on what the e-mail archiver and web filter had revealed about Green’s theft of the program material as well as what had transpired at Grossman’s office the day before. “Robert, I had no idea until yesterday that Zack had any connection to Z-Tech or this suit. I know I’m going to have to withdraw from representing Green, but what are our firm’s malpractice exposure and my personal exposure in regard to the Bar Association Grievance Committee? I have no doubt Green will go for my throat.”
“I have to say this looks really bad, Tori. Trying to drop the case based on knowledge obtained during discovery might be iffy. You could probably still represent Green even though you know what he’s done. You would just have to be extremely careful about what you did and said. After all, lawyers represent guilty people all the time. However, your involvement with Talbot gives the appearance of impropriety even though you had no idea he was involved in the suit. I really liked Zack. I can’t imagine what he was thinking to put you in this untenable position.” Robert looked almost as upset as she felt.
“Neither can I. I have to say I’m sick about it. Obviously, Zack knew we had a conflict of interest, or he would have been sitting at the conference table during the depo instead of listening to it over the intercom from Grossman’s office. I can’t even process my feelings about this at the moment. Besides feeling completely betrayed, I just feel really stupid. And sad. Stupid and sad—what a combination.”
“Have you spoken with him? What did he have to say?”
“No. I haven’t spoken with him, and I don’t intend to. It would just make a bad situation worse. I turned my cell phone off last night and left the house phone on the answering machine. I just deleted all his messages without listening t
o them. I really don’t want to hear any lame excuses right now.”
“I’ll review the Rules of Professional Conduct promulgated by the Florida Bar, and I’ll feel out one or two of my colleagues on the Grievance Committee. I can’t do more than that. I’ll have my own conflict of interest in the event Green files a grievance against you. I’d have to recuse myself from the committee in that event.”
“Thanks, Robert. Let me know what you find out. I’m going to draft a motion to withdraw from the case, and I have a meeting scheduled with Alex for later this morning. I’ll keep you posted.”
Robert rose to leave. Tori could see how upset he was. He gave her a hug and kissed her on the top of her head as he left the conference room.
Tori leaned back in the big chair and closed her eyes. She could see her career swirling down the drain. Buck up, kiddo. Let’s see how bad this is actually going to be.
* * * *
At 11:30, Tori followed Alex Green into her private conference room. “Have a seat, Alex. We have some things to go over.”
“What was the story yesterday? I wasted a lot of time coming down here for that depo, only to have it cancelled midway.”
“That couldn’t be avoided. Unfortunately, yesterday I discovered that I have a conflict of interest on your case, and I’m going to have to withdraw as your counsel.”
“What do you mean by conflict of interest? Don’t you people check that kind of stuff before you take a case?”
“Yes, we do. We ran our standard firm-wide conflict check before we accepted your retainer, and nothing came up to indicate we shouldn’t represent you at that time. However, something has surfaced now, and I’m afraid I’m going to have to withdraw.”
“You still haven’t told me why. Stop stalling. What’s going on?”
Tori took a deep breath. This was not going to be easy. “Alex, it appears that I have a personal relationship with someone involved in the case. I was totally unaware of it until yesterday when I ran into that person in Grossman’s office. It was completely unexpected. I can’t tell you how sorry I am, but this prior relationship precludes me from continuing to act as your attorney on this case.”
“What fucking prior relationship? Just tell me because I’m starting to get pissed.”
There was really no way out of it. She’d have to disclose the whole tawdry mess to Green, and she wasn’t happy about it. “It appears that I have been dating one of the principals of Z-Tech for several weeks. I had no idea that Zack Talbot had any involvement in this matter when we started seeing each other at the beginning of February. It was a complete coincidence, but it’s something that I can’t remedy in any other way but to withdraw from the case.”
“Zack fucking Talbot? You’re dating Zack fucking Talbot? That bastard!”
“Calm down, Alex. I have never discussed your case with Zack, or anyone else for that matter.”
“Don’t tell me to calm down. I can’t believe this. My attorney is boffing that bastard Talbot!”
“Alex…”
“Don’t Alex me! I’ll sue your ass and this firm as well. I can’t believe this…”
“Alex, I will make every attempt to help you find competent legal counsel to replace me, and I’ll cooperate with your new attorney as much as I ethically can to make the transition smooth for you. There really isn’t anything else I can do.”
“We’ll see about that, Victoria. We’ll see. It’s funny that when I asked you to have dinner with me you said it would be ‘inappropriate,’ but it’s okay to screw the guy who is suing me. I’d say that’s highly ‘inappropriate,’ wouldn’t you?”
“Indeed, Mr. Green, and that is why I have to withdraw immediately. I’ll file a motion with the court this afternoon.”
Chapter Thirty-Three
The next morning, Tori walked up the steps of the Miami-Dade County Courthouse as though she were going to her own hanging. She thought it would be best to present her Motion to Withdraw as Counsel personally rather than send an associate.
The hallway outside the court room where motions were to be heard that morning was crowded with attorneys waiting their turn on the Motion Calendar. Tori had expected that Grossman, Connelly, Whitman, DeCostanza & Segal, P.A. would be represented by an associate and that it would probably be Gene Schaeffer. She was surprised when Bob Grossman sat down on the hard wooden bench beside her. She attempted to rise immediately, but Grossman put a hand on her arm.
“Please, Ms. Alvarez, a moment. I just wanted you to know that Zack and I have been trying zealously to remedy this situation since he first brought it to my attention. He had no idea that you had a conflict of interest when he met you, and when he realized it, he was already too deeply involved…or at least he thought he was. You know how emotions can play havoc with our better judgment.”
“I’m really not interested in hearing any of your propaganda, Mr. Grossman. Zack’s actions have caused me untold amounts of personal and professional hardship. I’m sure that my firm will be facing a malpractice action, and I personally may be facing disbarment—all so Mr. Talbot could enjoy a little fun at my expense. Please excuse me.”
“Wait. You need to know that Zack told me to settle with Green if there was no other way out of this mess regardless of the cost to Z-Tech. Unfortunately now that Green knows about your relationship, that probably is no longer an option.”
“Mr. Grossman, I have no interest in further discussing Zack Talbot or this matter with you. It’s inappropriate and possibly a breach of my attorney-client confidentiality obligations. I am not going to make a bad situation worse. Again, please excuse me.”
* * * *
Tori stood before the bench while the judge presiding over the Motion Calendar reviewed the paperwork.
“I don’t understand this, Ms. Alvarez. What exactly is your reason for withdrawing? You state here you have a conflict of interest?”
“Yes, Your Honor. It has just come to my attention that I had a personal relationship with one of the principals of the plaintiff. I was totally unaware of that fact until Wednesday afternoon, and therefore, I immediately filed a Motion to Withdraw.”
“I see. And has your client agreed to this?”
“Actually, the client is justifiably upset, but I don’t see any alternative. I will, of course, attempt to help him secure competent replacement counsel. I have already contacted two firms regarding possibly stepping in, and both are interested in proceeding. I have advised the client of this.”
“Does the plaintiff’s counsel have any objection to the withdrawal of Ms. Alvarez?”
“No, Your Honor. Plaintiff has no objection,” Bob Grossman responded.
“In that event, I will grant your motion to withdraw when your replacement has filed a Notice to Appear, Ms. Alvarez. Please forward the appropriate draft orders to the court. Next.”
Tori left the courtroom on shaking legs. She’d held it together so far, but she wasn’t sure how much further down this road she’d be able to go. Alex Green had been far from pleasant when she had called him about replacement counsel. He was still blustering and accusing her of tipping Z-Tech to the existence of the damning evidence on their e-mail archiver. She had reminded him that as far as she knew they had not found that evidence yet. But since Z-Tech was a technology company, they would be far more aware of what might or might not be found on an e-mail archiver than she was. Furthermore, if he had been forthcoming with her in the first place, she would not have looked into the matter. It was a Mexican standoff. She just hoped he didn’t follow through on his threat to make a formal grievance complaint against her with the Bar Association. As far as she could see there was only one way that would go, and it wasn’t going to be in her favor.
* * * *
Zack was waiting for Bob Grossman in his office. He felt like hell, and he was sure the endless cups of coffee and the bottle of single malt he’d consumed since Wednesday were not helping. Is whiskey a food group? The guilt he felt over the pain he was causing T
ori was eating at him. Every time he closed his eyes he saw the look on her face as she had walked past him on her way out of Grossman’s office. It was his last memory of her, and it was like a knife in his chest. He just didn’t know how to remedy the situation, but he knew he couldn’t leave it as it was.
“How did the hearing go?”
“The judge granted Tori’s Motion to Withdraw pending new counsel stepping in to take over.”
“How did she look? What did she say?”
“She didn’t look too much better than you do, my friend, and you’re looking a little rough. Obviously, she is angry and upset. I doubt she’s slept much. She wouldn’t discuss it with me, and I really can’t blame her.”
“Bob, we have to find a way to make this right. I can’t live with this. I don’t know if I can live without Tori.”
“Don’t be melodramatic, Zack. You’ve lived through a lot worse than this.”
“I don’t know about that. This feels a lot like combat to me. This whole situation really has my cock tied in a knot.”
“Interesting choice of words. I’m sure Ms. Alvarez would like nothing better than to tie your cock in a knot right now, considering that’s how she got caught up in this mess in the first place. Sorry…I can’t help feeling damn sorry for that girl. She’s in this mess due to no fault of her own.”
“Bob, I feel like shit as it is. I would do anything in my power to undo it.”
“I know. Hindsight—twenty-twenty and all that. Granted, this is not going to be pleasant for Tori or for you. If Green does go ahead with a malpractice suit or Grievance Committee complaint against Tori, you would no doubt be pulled into it.”
“I don’t care about that. I need to do whatever I can to protect her, even if it’s from myself at this point. I’ve done a piss-poor job of that up ’til now.”
The Appearance of Impropriety [The Horsemen] (Siren Publishing Classic) Page 17
