Exposed (Rosato & DiNunzio #5)(8)

Mary interjected, “We’re not fighting.”

Bennie nodded. “Yes we are. Over an ethical question.”

Judy cocked her head. “What is it? I wrote a comment on ethics in law school. I’ll be the judge. Hey, that makes me Judge Judy!”

Bennie didn’t smile. “Here’s the issue. Can a partner in a law firm sue a subsidiary when another partner in the same firm represents the parent?”

Judy wrinkled her nose. “Please tell me this is a hypo.”

“Is it against the rules?” Bennie asked again, since Judy was a legal scholar, despite appearances.

Judy looked from Mary to Bennie. “I had to research that issue last year. Believe it or not, it’s not a settled question.”

“Terrific!” Mary practically cheered.

“I don’t have time for this,” Bennie said, leaving for her office.





CHAPTER THREE

Mary grabbed Judy, and they hustled into her office, her hopes soaring. The morning sun poured through the window behind her desk, casting a soft light on the pretty antique quilt hung next to her diplomas like a display of girl self-esteem. Mary felt so much better after what Judy had said, but she still wanted to talk it over like they always did. They had worked together since day one, though Mary had made partner while Judy remained an associate, but that didn’t matter. There was nothing better than working with your best friend, even if you had subsequently become her boss. Technically.

“So it’s not against the rules?” Mary asked, closing the door behind her.

“I didn’t say that. I assume you represent the sub?”

“Yes, how do you know?”

“Because Bennie represents everybody and you look vaguely hysterical.” Judy set her backpack on the floor, zipped it open, and slid out a Tupperware container.

“It’s been a long morning, and when I tell you about this case, it will break your heart.” Mary stowed her purse in the bottom drawer and set her laptop on her desk, which she kept orderly. Case files were stacked on the left and correspondence on the right. At the front of the desk were pictures of her wedding, her parents, and her twin sister, Angie, who was a nun on her umpteenth mission in Africa. Mary respected her sister’s decision to save the world but she missed her every day, since they had shared a room, and a womb.

“Get out your copy of the Model Rules of Professional Conduct.” Judy sat down in one of the chairs opposite Mary’s desk.

“I have one of those?”

“Yes. We got them the first day of school. With a pencil case and a protractor.” Judy pried the lid off the Tupperware container, releasing a fattening smell. “My God, it’s like perfume. Do you want a muffin?”

“No, I’m too excited to eat.” Mary started digging through her bookshelves.

“I’m too excited not to eat.” Judy gazed in delight at the homemade muffins on a bed of tinfoil, their golden brown tops studded with nuts. “I take it back, I am a housewife. I’m going to marry myself. I’m ready to make the commitment.”

“Here we go.” Mary located her copy of the model rules and pulled the book off the shelf. It was a maroon paperback, never opened. Still, she considered herself ethical since she knew the basics and went to church every Sunday, which should count for something.

“Go to Rule 1.7, Conflicts of Interest.” Judy took a big bite of the muffin. “Yum, this is so delicious. I do!”

Mary found the rule and read aloud: “‘(a) Except as provided in paragraph (b), a lawyer shall not represent a client if the representation involves a concurrent conflict of interest.’”

“Thanks for nothing, guys.” Judy chomped away. “Wow, this is so moist I don’t even need coffee. I’m incredible.”

“‘A concurrent conflict of interest exists if: (1) the representation of one client will be directly adverse to another client—’”

Judy interrupted, “An interesting issue is the meaning of ‘directly adverse.’ How much adversity is direct? How much is indirect?”

“Okay.” Mary could hear Judy going into lecture mode. You could take the girl out of Law Review, but you couldn’t take Law Review out of the girl.

“Keep reading.” Judy came over, spilling crumbs on her T-shirt.

“‘Or if there is significant risk that the representation of one or more clients will be materially limited by the lawyer’s responsibility to another client, a former client or third person or by personal interest of the lawyer.’” Mary thought a minute. “What’s that mean?”

“Not applicable here.” Judy took another bite, and another crumb dropped on her chest. In a minute, she’d be wearing the muffin.

Mary wondered if the “personal interest” part might be relevant, since she was personally interested in representing Simon, but she wasn’t sure that was what the rule meant.

“Skip ahead. Comment Thirty-Four speaks specifically to the situation.”

Mary flipped to the comment. “‘A lawyer who represents a corporation or other organization does not, by virtue of that representation, necessarily represent any constituent or affiliated organization, such as a parent or subsidiary.’” She looked up, delighted. “Bingo! That’s me! I can take the case!”