Betrayed (Rosato & DiNunzio, #2)(60)
“Right.”
“Just so we’re clear, the decedent was a Pennsylvania resident, correct?”
“Yes, but she was undocumented.”
“That doesn’t matter, for present purposes. As a Pennsylvania resident, her estate administration is governed by the Pennsylvania Estate and Fiduciary Code. You remember the basics from law school? The jurisdiction was different, but the legal fundamentals remain the same.”
“No, I sucked at trusts and estates.”
“I know you did. I remember.” John chuckled, and so did Judy. “Anyway, the PEF Code gives a priority list of persons entitled to administer an estate. There is no will, I presume?”
“Not as far as I know.”
“We can talk later about the larger questions regarding the administration of the estate, when you have more time. I wanted to make sure we were on the same page.” John extended his hand, palm up. “May I have your driver’s license, please? I need ID to set up the account, then I can let you go on your way.”
“Thanks.” Judy went into her purse, extracted her driver’s license from her wallet, and handed it to him.
“Great.” John slid out his iPhone, took a picture of her driver’s license, and handed it back to her.
“So now the money’s in your hands.”
“It’s more complicated than that, but I can explain it to you later. These funds are considered qualified funds under the Code of Professional Responsibility.”
“Okay,” Judy said, and she could tell from the authoritative tone in his voice that he knew what he was talking about, and she didn’t have time to find out. “I should be getting to the hospital. My aunt’s pretty sick.”
“I’m sorry to hear that.” John frowned slightly, with genuine sympathy in his eyes. “It would be gentlemanly of me to walk you to the elevator, but there are fifty thousand reasons I should stay right here.”
“I agree.” Judy smiled, and John smiled back, meeting her eye more directly than was professional.
“Why don’t you call me tonight or tomorrow, and we can set up a time to talk about the next steps? It’s a fairly involved process, getting you or your aunt appointed as the administrator of the estate.”
“Really, why?” Judy asked, going to the threshold of his office.
“The world isn’t set up for $50,000 that nobody wants to keep.”
“It’s not easy to do the right thing.”
“No, it’s not easy to do the legal thing.” John titled his chin up, smiling. “I admire your aunt.”
“So do I,” Judy said, feeling her emotions well up. “Well, I’d better go. Thanks so much.”
“Bye now. Call me.”
“I will, thanks.” Judy left the office and hustled down the hall through the reception room, down the elevator and out the lobby to the street, where the cabdriver was still waiting. She climbed in the cab and slammed the door behind her. “Thanks for hanging in.”
“No problem. Where to?”
“The hospital, please.”
“You got it.” They took off, switching lanes in traffic, and Judy’s head was swimming. She slid out her phone and checked to see if her mother had called or texted, but she hadn’t. She checked her email reflexively, and noticed that new email had popped onto the screen. It was an official filing from the United States District Court, which permitted electronic filing in motions and cases, so it had to be something important.
She opened the email, concerned. MOTION FOR SANCTIONS AGAINST PLAINTIFF’S COUNSEL JUDY CARRIER, ESQ., PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 37, read the title of the motion, and the caption of the action was Linda Adler v. PennBank. The motion had been filed on behalf of PennBank by Rick Kelin.
“What?” Judy gasped, aghast. Her heart sank as she skimmed the first few lines: Movant PennBank asks this Court to sanction Plaintiff’s Counsel Judy Carrier, Esq., for failure to cooperate in discovery, i.e., for inappropriate and abusive misconduct during the deposition of witness Mr. Devi Govinda …
Judy couldn’t believe what she was reading. Rule 37 was an extreme remedy, a last resort for when the discovery process was being obstructed, blocked, or the like. She had never seen it used the way Kelin was using it, against her. She read on: Plaintiff’s Counsel badgered and harassed the witness … Plaintiff’s Counsel threatened that she would ‘get’ the witness at trial … Plaintiff’s Counsel left Defense Counsel no alternative but to flee the deposition, in order to protect the shaken witness from further distress …
The cab veered around the corner, and Judy scrolled through the motion, which was short, only two pages long. That must’ve been how Kelin had gotten it written and filed so quickly; either that or he had it ready, on a form. She turned to the last page, which was a certification signed by counsel that he had attempted to confer, in an effort to settle the dispute. At the bottom of the page was Richard Kelin’s signature, after: Defense Counsel called Plaintiff’s Counsel and attempted to discuss this matter with her today, to no avail. Plaintiff’s Counsel rudely cut off the conversation, then hung up on Defense Counsel … Defense Counsel cannot subject Witness Phillip Morrell to Plaintiff’s Counsel, until this Court has ruled …