Counsel (Counsel #1)

by Shenda Paul

  "I know quite a bit about his brand of friendship, Ms. Bain. Believe me, if it came down to his political ambitions and your friendship, there'd be no contest. As I’ve said, we'd like to have your cooperation, but I'd just as happily see you on the stand under cross-examination. Or I could simply call you as a hostile witness, any way you choose, you will answer my questions. You obviously need more time to consider; we’ll be in touch."

  Her hands tremble as she gathers her handbag and rises. I'm struck, once again, by her seemingly innate grace and sensuality, a deadly combination. I've seen beautiful women, many of them taller and more voluptuous, but they pale into insignificance when viewed against this woman. I can, objectively, understand why Justin had been enthralled enough to pay what he had for her. I refuse to contemplate what she had to do in return. The very thought sickens me and drags up too much of my own past.

  She sweeps past me and turns, hand poised on the door handle. "Even in your expensive suit and the authority of your position, you're still an unmitigated ass," she tells me haughtily and then walks away, leaving me in the wake of a waft alluring perfume.

  In bed that night, my encounters with both Joseph Cordi and Angelique Bain loop around in my mind. I'm still battling to make sense of his cryptic comment and wondering where and when I could previously have met him. He wants me to ask or react in some way, I know, but I refuse to give him the satisfaction. I won’t allow him to rattle me. It will come to me, I know.

  And then there's her. Mention of the contract seemed to surprise her, yet I find it hard to believe that she didn’t know it existed. From her obvious loyalty to him, it’s also become clear that her relationship with Justin runs deeper than I thought. Tom would want to downplay Justin’s involvement with her or anyone associated with Liaison, so I don’t think the opportunity to question her under cross will arise. It’s also clear that she won’t willingly cooperate, so it may simply be easier to declare her hostile. The ball’s still in her court, of course, but either way, I will get her on the stand and get the answers I want.

  There’s also the matter of the false name and the damage to my car. Still incensed and curious about her choice of alias, I returned to my office after leaving that conference room and, on a hunch, researched other language translations for white. The closest connection, I could determine, is bán, the Irish word for white. I can't believe she so cleverly deceived me. I could slap myself for having been so gullible and for letting her drive away. But why the hell would I have associated the person who rear-ended my car with Justin’s mysterious escort? I'm so conflicted about the damned woman; the way she physically attracts, yet mentally repels me is simultaneously confusing and infuriating.

  I’m a red-blooded male. I’ve been physically affected by beautiful women before and will undoubtedly be again, but I’ve always prided myself on my control. My body’s response to her presence is something I’ve never encountered before, but whatever the hell it is, I’ll be damned if I’ll allow it to adversely affect my job.

  Chapter Eight

  It’s Friday night, and I’m looking forward to a relaxing weekend after another exhausting week. The Cordi case is not only big, it's also complicated and becoming increasingly so as we continue to unravel the labyrinth of businesses set up to hide their criminal activities. Each day, the evidence seized reveals new leads, which mean more investigations and arrests. Justin’s trial is scheduled to start first with the pre-trial hearing scheduled for Thursday, so our priority next week will be preparing for that.

  Hungry, I wander into the kitchen in search of food only to find my refrigerator practically bare. It’s yet another sign of how work has consumed my life. I can’t be bothered going out, and being too famished to wait for ordered food to arrive, I settle for a bag of pretzels and a beer. I allow myself a moment of wry contemplation on being thirty-one, single and home alone on a Friday night. How surprised those who view me as the millionaire bachelor around town would be if they could see me now.

  Given the week I’ve had, I should have succumbed to a restful sleep, but it's three a.m., and I’ve just woken from a rather unwelcome dream. I don’t often dream, and if I do, it doesn’t bother me, but this one did and still does. It featured a woman in profile with a luscious, pouty mouth, dark hair, spilling over an ivory shoulder and a shapely breast. Those blurred, but arousing images were mixed in with scenes of calculating eyes, black, slicked-back hair and a malicious, sneering face. The sense of foreboding felt so ominous and real that I woke. And now, I’m left once again wracking my brain about where and when I could have met Joseph before; I stubbornly refuse to consider what dreaming about Angelique Bain means.

  Try as I will, I can't get back to sleep, so decide to get up and make myself a pot of coffee instead. My empty refrigerator reminds me of the need to shop and clean. I do manage to find the remains of some stale bread and cheese hidden at the back, which I toast to have with my coffee. After eating, I power up my laptop to start work on Justin’s case.

  The hearing will be the first time Tom and I will go head to head in a courtroom. Its objective is to test whether Justin should stand trial or be released. Both sides are required to table submissions with the court beforehand and are entitled to call witnesses. Unlike a trial where extensive questioning is allowed, questions at the hearing have to be limited only to those that prove whether or not enough evidence exists for the case to go to trial.

  Through our submission, the court will be aware of the full extent of charges brought against Justin. For the hearing, I’ve decided to focus on the contract to purchase equity in Fidelity because his ownership status is what, ultimately, lies at the heart of his arrest. I plan on calling one witness only, and Jodi and I have met with and prepared Professor Robertson to testify. We’ll revisit our strategy and go over arguments before the hearing, but other than that, we’re just about ready.

  There’s still much to do in terms of trial preparation, however. We have evidence to finalize and potential witnesses to contact and interview before deciding on those people we wish to testify. Following that, we need to prepare our witnesses for trial. Our interviewee list is all but complete, but Jon’s still trying to locate a woman called Natasha Perkins, who, we’ve been reliably informed, had been Justin’s escort before Angelique Bain.

  Cait calls at around nine to invite herself and Matt over. I consent enthusiastically, I even offer to cook pasta for dinner, but she scoffs at my skills and tells me she'll cook. "I’ll be there at two o’clock," she says.

  "Make extra, and it's a deal," I bargain.

  I've only just returned home from running errands when she returns with Mom, both burdened down by shopping bags. After a pastry and a cup of coffee, they banish me from the kitchen and set about cooking for dinner and to restock my freezer.

  Mom enters my office at six and tells me she’s ready to leave. In the kitchen, she shows me the array of containers in my now overflowing refrigerator and freezer. I hug her affectionately.

  "Thanks, Mom, you spoil me."

  "Anytime, sweetheart," she replies, and with a final kiss on the cheek for both Cait and me, leaves. Matt arrives shortly after, and he and I set the table while Cait freshens up. Dinner is, as expected, wonderful, but my night gets even better when Cait reveals that they’ve decided to start renovations next door. Perhaps it's my lack of early family life that engenders my need for emotional and physical proximity to my family; I don’t know, but I’ve always dreamed that, no matter what else happened in our lives, Cait and I would live close to each other and our parents.

  When purchasing this property, I planned on creating three homes, but Mom and Dad preferred to remain in the neighborhood where they grew up. I bought the adjoining lot soon after moving in and plan to develop it into a shared garden, a place where Cait’s and my children will one day, hopefully, play together. In my dreams, the woman I share my life with is omnipresent but remains stubbornly faceless. She's s
omeone I'm passionately in love with and one who returns my love in equal measure. I’ve only ever seen her as a vague figure in my dreams, but I still hold out hope that they’ll be realized. Cait and Matt’s decision brings my desire that much closer to reality.

  .

  .

  On Monday, I contact my insurance company with Angelique Bain’s details. They intend to lodge a claim against her insurer, and if she doesn't have cover, they’ll seek compensation directly from her, I’m told. My action may seem petty, given my financial circumstances, but it's a matter of principle to me. Also, I admit to feeling marginally better, knowing that she hasn't completely gained the upper hand in the car incident.

  On Tuesday, Jodi confirms that she's managed to arrange interviews for the following week with three potential witnesses in the Wade case. I ask her to question the females, adding that should we decide on any of them testifying, that I'd like her to prepare them for trial.

  "Thanks, Adam," she says almost bashfully.

  "I'm not doing you any favors, Jodi. You’re an excellent prosecutor and my second-chair; you deserve it. Besides, I think, given their relationships with men, you'll do better at gaining their trust."

  "You're not as much of a bastard as people make you out to be, Adam Thorne," she teases.

  "Don’t spread that around" I counter good-humoredly.

  Thursday looms overcast and rainy, and I can’t help thinking it a fitting omen because, today, I’ll publicly denounce my former friend. The fact that defense counsel and I were once also friends is yet another indication of just how screwed up this situation is.

  All parties are present and waiting for the judge’s arrival. Justin’s mother and a man I recognize as his cousin and chief of staff, Josh Wade, are also here. His father isn’t, and I'm not sure what to make of that, but I know Joshua Wade’s priority has always been his political ambition for his son. I have no doubt that wherever he is and whatever he’s doing, he’ll be working hard to secure that.

  Judge Parks enters, the docket is read, and when invited to make the Commonwealth’s case, I stand to address court.

  "Your Honor, I refer to documents tabled as exhibits One-A and One-B in the Commonwealth’s submission of evidence.

  "Exhibit One-A is a copy of a contract, outlining the agreement between Joseph Cordi, then sole owner of Fidelity Properties, and the defendant for the purchase of equity in said company. The document, the court will note, has been notarized and signed by both parties in the presence of a witness." I pause, giving him time to peruse the evidence.

  "The second, marked One-B, is a listing of Fidelity's assets. Six clubs and bars operating in the wider Boston metropolitan area and five in outlying areas are included.

  "Moving on, Your Honor, I would ask that the court refers to Exhibits Two and Three. The first is a list of sex workers employed by Mr. Cordi, which details names, physical attributes, sexual proclivities, and the places where the women worked. The establishments match the names of the clubs included on Fidelity’s Assets Register in Exhibit One-B. Exhibit Two also includes the names of the sex workers’ clients.

  "Exhibit Three is a listing of members by club. The names match those of the sex workers’ clients found in Exhibit Two.

  "These documents provide indisputable evidence that the women were hired to provide sexual services, and that the clubs listed in Fidelity’s asset register are, in fact, brothels. They also prove that the defendant purchased a thirty percent share in that company and, as part owner, is responsible for keeping a house of ill fame and shared in the earnings of prostitution. The defendant, Your Honor, has a case to answer."

  Judge Parks spends some time examining the documents in question. When he looks up, I continue. "The Commonwealth asserts that as a trained lawyer, acquainted with the critical need for due process, the defendant should have verified Fidelity’s assets. Had he done so, he would have discovered its ownership of the clubs and, subsequently, the true nature of its businesses. As further evidence of this assertion and with the court’s permission, we call on Professor Janice Robertson."

  "Professor, would you please confirm your name and occupation?" I ask when she’s been sworn in.

  "My name is Janice Robertson. I'm a member of the law faculty at Eastern University and lecturer in Corporate Governance."

  "Would you please explain what students are taught about contracts law?"

  "All law schools are required to offer at least one unit covering contracts law that includes basic contracts drafting and mergers and acquisitions. Every lawyer, be they criminal litigator or transactional draftee, needs to understand and interpret a contract."

  "Would you explain just how knowledge of those subjects would prove relevant to someone like the defendant when entering into a contract to purchase equity in a company?"

  "One of the basics tenets taught is the process of due diligence. Due diligence is a term used to describe a number of steps taken to avoid committing a tort or offense. It is, in effect, the thorough investigation of a business or person prior to entering into a binding contract."

  "For the record, would you explain the meaning of tort, Professor?"

  "Tort essentially means a wrongful act or an infringement of a right or rights, which may lead to legal liability."

  Her response is exactly the point I want to make; the fact that, as a lawyer, Justin had known the importance of due diligence and, as such, cannot and should not be allowed to claim ignorance as I’m sure Tom will assert.

  "Thank you, Professor. No further questions, Your Honor."

  "Professor, is it possible for a material matter to be missed during due diligence?" Tom then asks.

  "It’s possible but highly improbable …"

  "A simple yes or no. Is it possible that certain things may not be discovered?" he interjects.

  "It is," she concedes.

  "I have no further questions, Your Honor," Tom announces with a note of satisfaction.

  "Professor, would you elaborate on your last answer, please?" I ask under redirect.

  "As I’ve said, it is possible to miss something during due diligence, but highly improbable; especially when it involves such crucial areas as verifying ownership, assets, and a company’s financial status."

  "In your view, is ignorance a valid excuse for an act of misconduct or negligence by a company executive, director or owner?"

  "It may be an extenuating circumstance, but it doesn’t exonerate them from responsibility or liability. A company can only act through individuals, so can only be held liable for its conduct, legal or otherwise, through the individuals who own and operate it. Ignorance or failure of duty should not, in my view, be used to argue against culpability or liability."

  "We have no further questions or submissions to make, Your Honor," I announce, and it is Tom’s turn to make Defense’s submission.

  "Your Honor, I refer to our submission, specifically Exhibit One, which is an affidavit from my client," he says. "In it, Senator Wade outlines the facts surrounding his ownership in Fidelity Properties. The court will note that the nightclubs in question were not reported in Appendix D, the company’s assets register that formed part of the contract documentation provided by Fidelity to my client. I also ask that the court heeds the notation on that same appendix, which states that it is a full account of the company’s assets.

  "My client was deliberately misled, Your Honor."

  He pauses, allowing his statement to resonate. "My client believed he was buying into a company operating solely in the purchase, development and resale of commercial property. He had no prior knowledge, nor did he have any reason to suspect that the company owned and operated nightclubs.

  "With the court’s permission, we call Michael O’Flaherty to the stand," he announces when Judge Parks looks up from reading.

  "Please state your full name and occupation for the record," Tom asks.

>   "I'm Michael Connor O'Flaherty, and I worked as the manager of a club called Liaison."

  "Would you describe the nature of Liaison’s business, please?"

  "It’s an exclusive, social club."

  "And to your knowledge, was any illegal business conducted on its premises during your tenure as manager?"

  "No, Sir. Everything was above board."

  "And were you, at any time, made aware of my client’s ownership status?"

  "No. I thought the senator was just another member."

  Tom thanks him and announces no further questions for the witness.

  "Were you employed by Mr. Cordi prior to managing Liaison, Mr. O’Flaherty?" I ask. He looks decidedly uncomfortable, and I mentally applaud Jon and his team for their investigative work.

  "Yes," he says.

  "In what capacity?"

  "I managed another club of his, Kute Kitten."

  "Would you describe the nature of that establishment's business, please?"

  "It's a nightclub."

  "What kind of nightclub, Mr. O'Flaherty?"

  "It has exotic dancing."

  "What kind of exotic dancing?"

  "Nude," he admits churlishly.

  "Weren’t at least six dancers arrested for soliciting on the premises during your tenure?"

  "They acted without my knowledge. The club can’t be held responsible," he protests.

  "What action did you, the manager, and Mr. Cordi, the owner, take against employees engaged in illegal activities while on business premises?"

  "People make mistakes. I believe in giving them a chance."

  "By paying their bail and legal costs? By continuing to employ them, despite at least half of those women being arrested several times after? In fact, are not all of them still in Mr. Cordi’s employ?"

  "Yes, but…" he flusters.

  I interject before he can respond. "No further questions, Your Honor."

  Recognizing the futility, Tom declines to redirect and calls Michelle Lee, another ex-employee of Liaison, to the stand. She claims that neither she nor any of the other dancers and hostesses were aware of Justin’s ownership status, that no female employee, to her knowledge, expected to sexually service members. Instead, she says they were paid to merely keep the men company over drinks.