"Yes, I imagine you all did," Bresh replied solemnly. "Has Mr. Burrows requested payment?"
"No."
Bresh nodded and rubbed his chin. "I see. Has Mr. Burrows contacted you at all?"
"He arrived unannounced at my office four days ago and demanded to see me."
"Did you talk to him?"
"Yes."
"And what did he say?"
Robert took a deep breath. I figured he was trying to remember the lines that Bresh had coached. "I thought he'd come to ask for payment. Instead, he wanted to take the desk and chair that he'd used at the firm. He told me he wanted them for the office he was opening. I reminded him of his agreement. He told me to keep the money. When I told him the firm abides by its agreements, he called me an asshole."
I'd heard about Bresh's theatrics during a trial and expected him to play on my calling Robert an asshole. Instead, he continued. "Did anything else take place."
"No. Mr. Burrows left the office in a huff."
"That's all. Thank you, Mr. Beresford." Bresh turned towards me. "Your witness, Mr. Burrows."
I started to rise when Judge Rykoff spoke. "This is a good point at which to adjourn for the day. This hearing is continued until nine a.m. tomorrow morning."
"Your Honor," Bresh said. "To continue this hearing permits Mr. Burrows to continue to violate the non-compete. He may use this time to contact more Lott & Pembroke clients."
Judge Rykoff eyebrows twitched. He turned his gaze to me. That look was more threatening than any words. If I tried to contact anyone, he'd have my scalp. I shook my head. "I think Mr. Burrows knows better than to do that before I have reached a decision. I will see all of you tomorrow morning." He rose and left the courtroom.
*
"It doesn't look good," I told Keiko that night. "Bresh knew my only hope was to argue that I hadn't been paid, so he beat me to the punch. Made it look like I avoided being paid."
Keiko wrinkled her nose. "So what? That doesn't change the fact that you haven't been paid. I wouldn't give up hope. If L&P wanted to pay you, don't you think they would have done so? There's a reason why they haven't. If you can show the judge that, then shouldn't you win?"
Her words changed my mood one hundred and eighty degrees. I smiled. "You make me wonder who's the lawyer around here. I've been too busy moping about how good Bresh was to see that the basic fact remains: I haven't been paid. I'll pound that home tomorrow. You know, I might still win this case."
-11-
I woke with my thoughts roiled by knowing that in a couple of hours I'd be back in front of Judge Rykoff. I'd stand alone facing the very real possibility that he'd issue the TRO.
Because Bresh had preempted my main line of questioning, I spent the drive to hearing deciding how I could show that L&P could have paid me if they'd wanted. I thought I knew an easy way.
After the hearing began and Robert had taken the witness stand, I began my cross-examination. "Hello, Robert," I said.
"Hobie," Robert said slinking back in the witness chair.
"How long have we known each other?"
"I object," Bresh said in a combative tone. "How long Mr. Beresford has known Mr. Burrows is irrelevant."
"Overruled this time." Judge Rykoff leaned forward to tower over me. "Mr. Burrows, we all assume you have known your partners a long time. You'd best get to your point quickly."
I didn't litigate enough to be able to establish a foundation to draw out testimony, and Bresh wouldn't make it easy for me. I thought for a moment. There might be another way I could make Robert support the point I needed to make. "Does the firm have the home address of each of its lawyers?"
Robert's eyes darted at Bresh. "I object," Bresh shouted. "The records of Lott & Pembroke are not at issue."
"Overruled," Judge Rykoff said.
Robert didn't say anything and I looked up at Rykoff. His eyes were closed. I hoped he wasn't asleep. "The witness will answer," he said without opening his eyes.
"Yes, your Honor," Robert squeaked. "Lott & Pembroke has the home address of its lawyers."
"Then, why didn't you simply mail the checks to my home address?"
I waited for Bresh to object. He didn't.
"You know the firm's policy, Hobie. We never mail a compensation check to a home address. We only make direct deposits."
Bresh had anticipated me again and coached Robert with a plausible answer. I tried to remain calm. Perhaps, another approach would work. "Okay. How is a partner's draw paid?"
"It is transferred directly from the firm's account at Imperial Bank into the partner's checking account at Imperial Bank."
"Then, why didn't you deposit the payments into my checking account?"
I didn't like the twinkle in Robert's eyes. "Under the partnership agreement, the authority to make deposits to your account was automatically revoked when you resigned as a partner. The bank would not have accepted the deposit. Surely, you remember that every retired partner signs a new authorization form at the bank of his choice."
I'd been outmaneuvered. Bresh had anticipated my every question. No wonder the firm had retained him.
I started to sit down, then remembered something Robert had said that day at the office. He'd said I hadn't been paid because the firm was having cash flow problems. I didn't know if that was true or if Robert had just made that up as an excuse. Georgia had alluded to it also. Even though I thought it must be true, from my first day at the firm, Quincy had cautioned me that at trial a lawyer should never ask a witness a question that the lawyer doesn't know for certain how the witness would answer. I decided to take a risk and ask a question that I didn't know for certain how Robert would answer. No matter what the answer, it couldn't make things any worse.
"Is it true that Lott & Pembroke is having cash flow problems?"
The lines around Robert's eyes deepened. I heard Bresh's chair scrape across the floor. "This line of questioning involves confidential matters relating to Lott & Pembroke finances. Knowledge of the firm's finances could give other law firms competitive information. Disclosure would play into Mr. Burrows' intent to irreparably harm Lott & Pembroke."
Judge Rykoff rocked back and forth in his chair. His face looked haggard as if he was exhausted. "I'd like to see counsel in chambers," Judge Rykoff said. "And Mr. Bresh bring your client with you."
Judge Rykoff stood and his shoulders stooped as if he was exhausted. We traipsed after him through a door behind the judge's bench and into a redwood-paneled judge's chamber. He took a seat behind the desk and pulled up the sleeves of his robe. "Sit down, all of you," he said gruffly.
"I'll start with you, Mr. Bresh."
"Yes, you Honor," Bresh said politely. He must have known better than to try to present any arguments until the Judge had spoken his piece.
"You've been around long enough to know that your last objection would be overruled. First, the financial condition of Lott & Pembroke is highly relevant. If it can't pay what it agreed to, even a first year law student knows there's failure of consideration for the contract. Second, the reason we're here is to decide if Mr. Burrows violated a valid agreement not to compete. Your conclusory statement that he did might influence a jury, but it only irritates me. Don't do it again in my courtroom."
The Judge turned to me and peered down his nose. I felt like a truant being taken out to the wood pile for a good paddling. "And you, Mr. Burrows. Quincy Lott detested greed. I expected better from his protégée. If you wanted to start your own firm, you should have done so openly. Not by using L&P to provide seed money and then hoping I would create new law and declare a retirement non-compete unenforceable."
The pit of my stomach dropped. Judge Rykoff was convinced I tried to pull a fast one on the firm. That I'd planned to deceive the firm into paying me for a non-compete that I believed was unenforceable. Blood rushed so fast to my face that my cheeks burned. I was so humiliated I
couldn't speak.
The judge looked at each of us in turn. "I've asked you in here so we can stop this farce. I don't know why all of you are so intent on airing Lott & Pembroke's dirty laundry in public: A partner who alienates important clients, a firm that uses flimsy excuses to avoid paying its obligations under an agreement it forced on one of its partners. I knew Quincy Lott, and I damn well know he would never have countenanced such folly. He would never have signed an agreement he didn't intend to abide by, either as a law firm or as an individual. Something none of you seem to be the least bit bothered by."
The judge cleared his throat. "If I understand what's going on here, apparently, neither Lott & Pembroke nor Mr. Burrows intend to abide by their agreement. Lott & Pembroke could easily have paid Mr. Burrows in the ten day period if it wanted to or was capable of doing so. And Mr. Burrows either had second thoughts about what he was doing since he never bothered to inquire about payment or was waiting to see if he'd need the money."
I looked down at the floor. I didn't think it was the moment to admit that I'd been so devastated from being forced out of the firm that I didn't read the agreement before I signed it. The Judge would laugh me out of his office.
"I'm going to continue this matter for one week. In the interim, I want the parties to come to a resolution that avoids a public spectacle. I hope you can reach an agreement that would be one Quincy Lott would have expected of his partners."
"May I speak, your Honor," Bresh said without raising his voice.
The judge nodded. "I'd be shocked if you didn't. But, please, Mr. Bresh, be brief."
"This delay harms my client. To continue this hearing for a week is the same as to deny the TRO."
Bresh pointed a finger at me. "Mr. Burrows has already contacted at least one client. In a week's time who knows how many more clients he may contact and attempt to steal. It would also permit him to contact other lawyers in the firm and try to convince them to join him. This court should not condone such behavior."
I'd kept quiet when the Judge intimated that I'd signed a non-compete I didn't think was enforceable just so I could get some money from L&P. Bresh had picked up on that and was going to use it to further discredit me. I bolted out of my chair. "Your honor, I'd like to respond."
The judge pulled a pipe out of his pocket and tapped it on the desk. "Go ahead, Mr. Burrows."
"I too oppose any delay. My integrity has been impugned. I demand the right to establish the truth about why I, quote, retired and what has happened since. I cannot permit all of the unsupported allegations about me to stand."
The judge pointed the tip of his pipe at me. "You are living proof that a lawyer who represents himself has a fool for a client. Emotion clouds reason. If you truly wish to establish the truth, I strongly suggest that you retain counsel before you appear in front of me again."
He slipped the pipe back into the pocket of his robe. "This hearing is continued until the same time and same courtroom next week." He paused to look at each of us. I was last and I could see the fury in the squint of his eye. "I hope it will not be necessary to see any of you then."
*
"I was so humiliated," I told Keiko that night. "Judge Rykoff thinks I tried to trick L&P. I have no idea what to do now. If I settle with L&P, it'll only confirm to the Judge that I'm a crook. If I go back to court, he made it clear that he'll hand me my head on a platter."
Keiko's fingers rubbed her pendant. I wondered if she was attempting to run some projections to help me decide what to do. After a moment of silence she spoke. "Hobie, you've worked your whole life to earn your reputation. Don't let Judge Rykoff intimidate you. Talk with L&P as he requested, but don't hesitate to go back to court if that's what's necessary to maintain your reputation. Don't be afraid to let the truth come out in the courtroom, including your failure to read the agreement before signing. You had the courage to tell the truth to the police in France. Do the same in Judge Rykoff's courtroom."
She saw the situation clearer than I could. "Judge Rykoff is correct about one thing. I'm too emotionally involved to think and act rationally. I'm going to have to come up with someone to represent me."
"What about Robert Lichtman. You've always spoken highly of him."
"He's probably the litigator I respect the most. He's so busy though that he might not be available to take a case on a week's notice. I'll have to get hold of him first thing tomorrow to check his availability."
-12-
The telephone rang. I didn't need to look at the clock to know that it was the middle of the night. Out of habit I grabbed the handset.
"Hobie, this is Robert."
I should have thought before I answered. Even if it wasn't the middle of the night, Robert Beresford was the last person in this or any other universe that I wanted to talk to. Before I could tell him to buzz off, he spoke.
"Hobie, please don't hang up. I know it's late, but we just ended a long partnership meeting. We need to talk. Just you and me and Jack. No outside lawyers. We've figured out a way to resolve this misunderstanding. I think it'll please you. Can you meet us at eight-thirty this morning at the Club?"
Robert's voice trembled the whole time. Was he nervous that I tell him to go to hell? And why no outside lawyers? I thought for a moment and it became obvious. He and Jack had probably figured out I'd retain either Bob Lichtman or Han Wo. They were afraid either would shred L&P's case.
I debated what to do. I had nothing to lose if I listened. Perhaps, they'd offer something palatable. If not and Judge Rykoff wanted to know if I'd made an effort to settle, I could testify I had. I needed to be careful though. This could be a ruse to try to make me do something that would hurt my case. I'd keep my mouth shut. I wouldn't be tricked into saying something that could be twisted and used against me.
"Hobie, are you there?" Robert squeaked.
"Fine. I'll see you then," I said. "Now goodnight."
I hung up and rolled back over. In a few seconds, I fell asleep. The vid-archive picked up immediately.
-13-
I'd promised Keiko that I'd get on with my life, and I intended to keep that promise. But Judge Rykoff was a massive obstacle to overcome. In essence, he had ordered me to settle with Lott & Pembroke. How could I without it appearing to the world that I'd broken my word? Plus, I couldn't agree to the non-compete. The practice of law was the one thing left that gave my life purpose.
Then I remembered Robert's call. Perhaps, L&P would offer a palatable compromise.
When I arrived at the Club, Ramon, his green jacket even more rumpled than usual, opened the door. "Good morning, Mr. Burrows. I'm glad you finally arrived. Mr. Beresford has come out of the lounge three times in the last ten minutes to ask if you'd arrived. I told him I'd send you in the moment you did."
"Sorry he's bothered you, Ramon."
"No bother." He winked at me. "It's my job."
Despite the temptation to take a seat in the reception parlor and see how long it took until Robert pestered Ramon again, I entered the lounge. Robert was sitting in the same leather chair next to the redwood grandfather clock as Georgia had when Jack Fong spotted the office lease folder. Robert and Jack must have thought it'd be clever to meet in the exact same place. I could just picture the two of them telling each other what a brilliant move they'd concocted, and I had to admit it succeeded in making me feel uncomfortable.
Robert spotted me and stretched his neck like a crane. "I was beginning to think you wouldn't come," he said. He pointed to the chair I'd sat in when I'd met Georgia.
I didn't appreciate his presumptuous attitude, but took the seat anyway. I wouldn't give him the pleasure of saying I'd like to talk somewhere else. He'd think his choice of seats had flustered me.
I sat and as if on cue, a white-jacketed waiter appeared. "Coffee, Mr. Burrows?"
"Yes, thank you."
Before I could even pour some cream, Robert
spoke. "Hobie, I'm not going to beat around the bush. The past month has been tough on all of us. I didn't think it could get any worse. Then, yesterday's nightmare. Afterwards, Jack and I realized what a mistake we'd made. We called a partnership meeting to find a way to resolve this."
I was amazed. He said all of that without his Adam's apple bobbing once. I wondered how long he practiced what he was going to say. I took a sip of coffee to keep from responding.
For several seconds, neither of us spoke. He probably expected me to say something, like I understood. I wouldn't. This was his show; I'd only come to watch. Finally, he broke the silence.
"Jack and I realize now that we shouldn't have permitted Brad to bully us into asking you to leave. We resisted, but Brad said it was you or him." His Adam's apple bobbed. "I'm sure you can appreciate what a tough position that put us in. You know how much Jack and I have always respected you. But, please, put yourself in our shoes. I know that for the good of the firm you would've made the same decision. We had no idea what Brad and Jack Morgado were up to."
The veins in my neck pulsed. What unmitigated gall to expect me to agree with what he did in booting me out of the firm. I knew I'd decided to say no more than I had to, but this was too much. "That's pure bullshit and you know it. If Brad had told me that he'd leave if I didn't agree to can you and Jack, I'd have told him to go to hell. And to take Jack Morgado with him."
Robert lowered his head. "I know you would have. That's why Jack and I feel so rotten. Why we want so desperately to set things right. As do the rest of the partners."
This was some performance. He even managed to shed a crocodile tear. Enough was enough; it was time to end this farce. "If you felt so rotten, then why'd you sue me?"
I stood. Robert grabbed my forearm. "Wait."
I looked down at him. His face had never looked craggier. "The vote at last night's partnership meeting was unanimous. We want you back as a partner. It'll be as if you never left."
To say I was stunned would be an understatement. Of all the scenarios I could have dreamed up, this never entered my mind. The whole partnership voting to have me return. Hell, most of the time they couldn't even agree on what day of the week it was. "Are you trying to toy with me?"