Exposed (Rosato & DiNunzio #5)(16)

“So good to see you, Bennie. I ordered you a Tanqueray and tonic.”

“Thanks.” Bennie wasn’t surprised that he remembered her drink. They’d dated briefly after his second divorce but she’d cut it off, since they weren’t a good match and she needed a client more than a lover.

“I was surprised when you emailed. To what do I owe the honor?”

“It’s a case that involves OpenSpace.”

Nate mock-pouted. “Straight to business.”

“You know me.”

“So you’re still seeing whatever his name is.”

“Yes. Declan Mitchell.”

“I stalked him online. Solo practitioner in Middle-of-Nowhere, Pennsylvania. Former state police officer, mounted division. Ruggedly handsome, married to his horse. He’s not good enough for you.”

“That’s quite enough.” Bennie didn’t smile.

“You think I’m a snob.”

“I know you are,” Bennie shot back as the waiter came over, served her drink, then placed a wineglass in front of Nate, uncorked the bottle, and poured some.

“Thank you.” Nate swirled the wine around the glass, sniffed it, then took a thoughtful sip, by which time Bennie was out of patience.

“Surprise, it’s wine!”

“Do you always have to bust me?” Nate smiled crookedly, setting down the glass. A maroon stain covered part of his upper lip.

“Yes, because you make it so easy.”

“I could educate you on this Beaujolais. I’d be happy to, and you might learn something.”

The waiter interjected, “Mr. Lence knows his wines.”

Bennie smiled. “Mr. Lence knows everything.”

“On that we agree.” Nate motioned to the waiter. “Please, pour the rest before she emasculates me completely. It won’t be pretty.”

“Certainly, Mr. Lence.” The waiter poured generously, then made himself scarce.

Bennie leaned over the table. “Nate, take a big gulp because you’re going to need it.”

“What’s up?”

“My partner, Mary DiNunzio, got a case this morning from a sales rep who was fired by the sales manager at OpenSpace. She took the meeting because she didn’t know I represented Dumbarton.”

“She took the meeting without a conflicts check?”

“Yes, and you can understand that. It was an honest mistake. That happens.”

“She can’t take the case.” Nate blinked. “She doesn’t think she can, does she?”

“Hold on.” Bennie held up a palm. “Don’t freak. She’s not filing anything yet, and you need to flip your thinking. There’s a way we can turn this to your advantage.”

“I can’t believe I’m hearing this.” Nate frowned. “Are you trying to tell me your partner is seriously considering suing my sub? She can’t. Has she never heard of the code of ethics? Who the hell is your partner again? And since when do you have a partner anyway?”

“Relax.” Bennie kept her hand up. “We checked the rules, and they don’t offer clear guidance in a case like this.”

“Then I will. Your partner is conflicted out of suing OpenSpace or any other subsidiary of Dumbarton. I won’t have it. I’m astounded you would.”

“Obviously, my initial reaction was against it, but there is a way that we can turn it to our advantage.” Bennie met his troubled gaze. “You have every right to be angry, and I would’ve been too. But she has a draft complaint that details the facts surrounding the termination, and after I read it, I realized that we’d be putting form over substance. We both know settlement makes sense, when called for. We have a chance to do that right now.”

“Is this where you tell me that the Chinese symbol for crisis is also the symbol for opportunity?”

“No, I didn’t know that.” Bennie felt encouraged, since Nate was keeping a lid on his anger. “Here’s the thing. I know you don’t get involved with every little case that comes down the pike, but this is one that could get a lot of public attention and it would be terrible PR.”

“Like what?” Nate glowered.

“It looks as if the rep was fired because of his daughter’s medical expenses, which is unlawful under the Americans with Disabilities Act. The child has leukemia, and she’s four years old.”

“A cancer kid?”

Bennie cringed. “Not very sensitively put, but yes. If you’re going to be absolutely cold-hearted about it, that means that you have a case that could attract negative attention and also have potentially broad exposure.”

“So? It happens every day in the big city.”

“Not like this, and not in this political climate. People are hurting with healthcare expenses. It’s in the news every day. It’s all over Facebook and social. This is a kid who needs a bone marrow transplant to live, and the boss made a number of statements that are really damning. One was an admission.”

“Like what?”

“Like that ‘these expenses can’t keep up, our premiums will go up,’ et cetera. He clearly had a discriminatory animus, and the plaintiff made contemporaneous notes of his comments, which occurred on four separate occasions. It’s homerun evidence.”