Exposed (Rosato & DiNunzio #5)(6)

“Good morning,” Mary said, as Bennie flashed a confident smile, which was the only kind she had.

“Hey, DiNunzio. I mean, Mary. What are you doing, standing here?”

“I just met with a new client,” Mary answered, faking a smile.

“Tough case? You look upset.” Bennie strode toward the reception desk, and Mary fell in step beside her, telling herself not to be nervous around her own partner, for no reason. Or maybe for four reasons, as above.

“Yes, tough case.” Mary was thinking of Rachel.

“Tough on the law?”

“No, it’s just sad. On the law, it’s a winner. A sales rep got fired because his daughter needs a bone marrow transplant.” Mary summarized it like a legal headnote since Bennie was in a hurry.

“Ouch.” Bennie grimaced as she walked. “Go get ’em, tiger.”

“It’s totally illegal under the association provision of the ADA. I’m hoping for a quick settlement.”

“Who’s the defendant?”

“Some cubicle manufacturer.”

“Not OpenSpace.” Bennie stopped, frowning under the gleaming Rosato & DiNunzio plaque.

“Yes, why? How did you know?”

“OpenSpace is the biggest cubicle manufacturer in the area, and you can’t sue them. I represent their parent company.”

“I don’t understand.” Mary’s mouth went dry.

“You’re conflicted out of the case, and I didn’t hear what I just heard. Decline the representation.”





CHAPTER TWO

Bennie Rosato didn’t understand why Mary looked so upset. It was a very simple statement. The only thing she could do was repeat it. “Mary, you can’t take the case. I represent the parent company of OpenSpace, which is Dumbarton Industries.”

“But I want to take the case,” Mary said, stricken.

“Well, you can’t. You can’t sue OpenSpace because I represent Dumbarton. You have a conflict of interest. I’m sorry,” Bennie added, because she was trying to improve her interpersonal relations, especially where DiNunzio was concerned. For example, she’d reminded herself to call her new partner by her first name, Mary. It was a regular lovefest.

“But I didn’t know you represented Dumbarton.”

“Now you do. They’ve been a house client since I started the firm, way back when.”

“But I never represented Dumbarton.”

“That’s legally irrelevant. If I represent Dumbarton, we represent Dumbarton. I’ve worked on many of their matters over time and I’ve known the CEO since law school. Nate Lence. He deals with me personally. They have a solid in-house legal department, and what they can’t handle, they farm out to us and other firms. In fact, if the case is too big for us, Nate consults me on whom else to hire.”

“Bennie, I don’t know the first thing about Dumbarton.”

“Haven’t you seen their name on the new-matter sheets?” Bennie was referring to the system by which lawyers in the firm notified each other that they were taking on a new matter. Every law firm was required to have such a system, so conflicts of interest could be caught before the representation went too far down the line. Luckily, it sounded as if this one could be nipped in the bud.

“Sure, yes, but I’ve never seen OpenSpace on the new-matter sheets. Have you ever represented OpenSpace?”

“No, but I represented Dumbarton and several of the other subs. You have to decline the representation.” Bennie noticed red blotches appearing on Mary’s neck, a nervous tell. Bennie made a mental note to mention it to her before she stood in front of her next jury.

“Even though I never represented the parent? Only you did?”

“Yes. How can I make this any clearer? A client of mine is a client of yours under the Rules.” Bennie was referring to the Rules of Professional Conduct, which governed the ethics of lawyers, at least those who allegedly had them.

“Because we’re partners?”

“No, because we’re members of the same firm. Even if you were still an associate, the result would be the same.” Bennie glanced at her watch. It was eight fifteen, and she had a deposition starting at ten, for which she needed to prepare. If they were going to keep talking, she had to get moving. She headed for the reception desk, and Mary followed.

“Are you sure that Dumbarton owns OpenSpace?”

“Absolutely.”

“Wholly owned or partially owned?”

“Wholly, and it’s a private company.” Bennie reached the reception desk, which was empty. Marshall must be in the bathroom but she had already sorted the morning’s mail and placed it in its holders. Bennie grabbed her mail, a thick packet of correspondence and court orders with pink phone messages on top. She channeled most of her calls through the firm and rarely gave her cell number to clients. She didn’t like to be too available.

“How do you know they’re wholly owned?”

“I read the papers. Morgan Lewis did the deal. I recommended them to Nate.” Bennie left the reception area, and Mary walked beside her, hurrying to keep up, since she was a short girl with a short stride.

“You did?”

“Yes.” Bennie strode down the hallway, which was lined with associates’ offices. She noted with disapproval that they were empty even though it was after eight o’clock, then remembered that two of the associates, Anne Murphy and John Foxman, were on a securities fraud case in Atlanta. That meant only Judy Carrier was late, but that child marched to the beat of a different drummer. “Mary, let me fill you in. Dumbarton is headquartered in King of Prussia and owns twenty-six subsidiaries, among them OpenSpace, which they acquired recently.”