Exposed (Rosato & DiNunzio #5)(10)

“Then I guess this means we can’t talk about the facts.”

“I guess it does.” Mary recoiled, momentarily stumped. She talked to Judy about everything, and they always bounced ideas off of each other on cases. “But I think we can talk about whether or not I can represent the sub without discussing the facts or merits. Right?”

“Yes, we can.”

“For example, under the rules, the test is the totality of the circumstances. If you look at them as a whole, I can take the case.”

“How so?” Judy folded her arms, leaning back against the desk.

“I never did any work for Dumbarton, OpenSpace, or any of the other subs. I don’t even know what they do.”

“That doesn’t matter under Rule 1.10, the imputation rule. Each lawyer in a firm is charged with having the knowledge of any lawyer.”

Mary groaned.

“Let me get you up to speed on Dumbarton. It’s a commercial construction company, building offices and hospitals. They’ve grown like crazy and are integrating vertically.”

“Which means what?” Mary was forgetting her antitrust law.

“They buy companies that make what they need. Some of its subs are associated with construction. WallCo makes drywall, MetalLabs fabricates metal, and PowerPlus makes electrical wiring. OpenSpace makes modular furniture cubicles, and to do so, it buys drywall from WallCo, wiring from PowerPlus, and metal frames from MetalLabs. It keeps it in the corporate family.”

“When did corporations become families?”

Judy didn’t smile.

“Look, I’ve never worked for OpenSpace, Dumbarton, or any of its subsidiaries. I was completely unaware that we represent them—” Mary caught herself. “Rather, that Bennie does. I’m not privy to any trade secrets or confidential business information of theirs, in the least.”

“It’s a wholly owned subsidiary, Mare.”

“I know, but we just read the rule, and when you look at it in context, I don’t see how it’s unethical, as applied to me.” Mary threw up her hands. “I get that you couldn’t represent this client against OpenSpace, but I can. Those are different circumstances. I’m one step removed.”

“True.” Judy frowned. “But it would put you in direct opposition to Bennie. Your partner. What if she takes the case herself?”

“Oh God no.” Mary’s mouth went dry. She didn’t relish the prospect for personal reasons, not to mention the fact that Bennie was the best lawyer she ever met, or maybe that ever lived. Then she thought again. “She’s got a big trial next month, with Sam. She wouldn’t take it herself. Plus, like you said, Dumbarton farms out the work. They’ll send it to one of the big firms.”

“Even if it’s not literally her case, it pits you against her, politically.”

“I know but I can’t help that.” Mary thought of Simon and Rachel, in such dire straits. It was a matter of life or death. A child’s life was more important than a business relationship, especially when the child was Rachel.

“But won’t it be weird between you two?”

“I can deal with it, if she can,” Mary said, meaning it. “I’m friends with opposing counsel in my cases. And Bennie’s the one who always says that business isn’t personal.”

“Why don’t you give the case to somebody else? Refer it out?” Judy’s blonde eyebrows sloped down with concern.

“I can’t, I have to do it myself.” Mary felt a wrench in her chest at the thought of sending Simon away. “Nobody will care about this plaintiff the way I do. It’s kind of, for family. And not corporate family.”

“It’s somebody from the neighborhood, isn’t it?” Judy met her eye sympathetically, and Mary knew that she would understand. Judy was like an honorary daughter to Mary’s parents and she adored The Tonys, too.

“Simon.”

“Oh no.” Judy sighed. “Then get him somebody awesome. You do so many favors that somebody has to owe you one. It doesn’t have to be you.”

“But I wasn’t going to charge him. He doesn’t have that much money.” Mary brought her up to date about the bone marrow transplant, since Judy already knew about Rachel’s cancer.

“Maybe you can get Simon a discount, out of professional courtesy?”

“Nowadays?”

“I can try and call some of my friends.”

“And piss Bennie off? I don’t want to put you in that position.”

“Mare, this sucks. But you shouldn’t take this case.” Judy touched her arm. “Tell Simon why. He’ll understand.”

“No, he wouldn’t, and even if he did, Feet wouldn’t. Neither would my father.” Mary couldn’t imagine telling Simon she was referring him out, much less Feet, The Tonys, or her father. The word would spread. She couldn’t let the entire neighborhood down.

“So what are you gonna do?”

“I don’t know,” Mary said, though she did. Her chest went suddenly tight. She felt as if a curtain had fallen between them. “I’m just surprised you would take her side.”

“I’m not taking her side,” Judy shot back, pained. “But I don’t want to see you get in trouble with Bennie—”