Attorney-Client Privilege (33 page)

T
he news that Jane Carson had been fired left me outraged and even more determined to go after Big Buy.

I’d spent most of the morning drafting Jane’s wrongful termination complaint. Instead of going to lunch, I had an hour-long telephone conference with two experienced appellate attorneys. I needed their advice on the best way to get the new information about Lamarr’s innocence before the court. Unfortunately, we had some daunting legal hurdles.

First, Tonisha wasn’t aware that Special was recording their conversation. That made the recording illegal since California law requires both parties to consent to a taping. We could argue that Tonisha didn’t have a reasonable expectation of privacy when she spilled her guts to Special, but her own words on the recording contradicted that. We could have Special prepare an affidavit detailing everything Tonisha told her, but that wouldn’t be nearly as convincing as hearing Tonisha confess in her own words.

Another problem was the likelihood that Girlie would argue that Special, as my close friend, was acting at my instruction when she spoke to Tonisha. It would be inappropriate for me or anyone acting as my agent to speak to a plaintiff whom I knew was represented by counsel. Both Special and I could swear under oath that I had no knowledge of her actions, but the judge might not believe us.

We also discussed rolling the dice and going public with the recording. Since it revealed that a miscarriage of justice had taken place, it was possible that the D.A. wouldn’t pursue criminal prosecution against Special for secretly taping Tonisha. Because of the likely public outrage over the contents of the tape, it might not be worth it for the D.A. to spend time trying to convene a jury to convict Special.

With regard to my other client, Olivia, I was still gently pressuring her to hang on just a little while longer. I felt bad that her case had taken so many wrong turns. I even swallowed my pride and called Girlie to discuss trying to settle Olivia’s case. The witch rudely told me that all deals were off the table and hung up in my face.

But now,
I
was about to be calling the shots again. I couldn’t wait until Girlie learned about the information Special and I planned to turn over to those two detectives tomorrow morning.

The telephone rang and I intended to ignore it, until I saw the 714 area code and
Big Buy
flash across the display screen. I snatched up the phone.

“This is Evelyn Kimble,” said the curt voice on the other end of the line. “I’m the general counsel of Big Buy. I’m calling about the lawsuit you filed on behalf of Olivia Jackson.”

I leaned forward in my chair.
Why was the general counsel calling me?
It was unusual for a company’s in-house lawyers to get directly involved in a case when they had outside counsel. All communications were handled through their counsel.

“Isn’t Girlie Cortez handling this case?”

“We’d like to resolve this matter quickly and quietly,” Kimble said, ignoring my question. “What exactly is your client looking for?”

“A promotion and compensation for past wrongs,” I answered without missing a beat.

“How much compensation?”

I was not about to bid against myself. “You initiated this call. Make me an offer and I’ll let you know if you’re in the ballpark.”

The general counsel’s arrogant sigh told me she considered this task beneath her.

“I’m prepared to offer your client a transfer to a new store where she’ll be placed in the management training program. If she successfully completes the program and continues to perform her job satisfactorily, she’ll be promoted to department manager within six months. I’ll also include a settlement payment of one year’s salary.”

This offer was nothing short of a blessing. Still, I knew there was room for more. The general counsel wouldn’t be calling me if she didn’t want to settle. Olivia had gone through hell over the past few months. I wanted to get her as much as I could.

“Make it two years and a fifty-thousand-dollar donation to the Center for Justice, plus thirty-thousand dollars to cover my fees. But if Olivia wants to leave the company, you’ll need to increase the settlement payment to three years, plus a letter of recommendation.”

The phone line went dead for several seconds.

“Fine.” Kimble sounded as if she had more important things to do. “I’ll need a strict confidentiality clause. If she discloses our settlement payment to anyone other than her spouse or tax advisor, we’re going after her for liquidated damages.”

“Confidentiality won’t be a problem. Is Girlie Cortez aware of this call?”

There was a long pause. “You’ll be dealing directly with me going forward. When can I expect your client’s response?”

What in the world was going on between Girlie and her client?

“I’ll try to reach Olivia right now. I’ll get back to you within the hour.”

“That’s fine. I’ll make sure my assistant puts your call through. Thanks for—”

“Hold on.” I felt so good that I decided to shoot for the stars. “I have another client who’s entitled to payment from your company. I understand that Harlan Kimble’s will provides that Jane Campbell should receive four-hundred-thousand dollars if she gets fired before reaching the age of sixty-two. It would be nice to take care of both of these matters at the same time.”

“Is she willing to sign a release waiving any other claims against the company?”

“Nope. She’s entitled to that money. But if you want to discuss an additional sum to resolve the wrongful termination, retaliation, whistleblowing and age discrimination claims I’m planning to file on her behalf later this week, I’m sure she’d be open to hearing your offer.”

A global settlement was definitely my preference. Jane did not have the emotional stamina to make it through a deposition, much less a trial.

“I’ll see what I can do,” Evelyn said in her lifeless voice. “Good-bye.”

I started to dial Olivia’s number, then quietly placed the phone back into the base. It was almost as if I could feel Judi Irving’s presence in my office, applauding the end of this crazy battle. I closed my eyes and said a short prayer of thanks. “This is for you, Judi.”

When I finally got Olivia on the line, I could hardly contain myself. “The Lord works in mysterious ways,” I gushed.

She paused, having rarely heard this kind of talk from me.

“Indeed, He does,” she agreed.

“I just got a settlement offer from Big Buy.” I repeated the offer.

“Oh, my goodness! Praise the Lord! Praise the Lord. Praise the Lord!”

“I think David just slaughtered Goliath.”

“And praise the Lord for that!”

“So what do you want to do?” I asked. “Stay with the company or leave?”

“Get me out of that den of inequity. I’ll take the three years’ salary.”

“Wise choice,” I said. “Why don’t you call your husband with the good news? You’re going to be subject to a confidentiality provision, so you shouldn’t mention it to anyone else. I’ll call you back to let you know when I’ll have the settlement agreement for you to sign.”

Olivia spent another five minutes alternately praising God and thanking me. I hung up feeling like I’d just won a million-dollar jury verdict. My devious side prompted me to make one more call.

Girlie answered, probably so she could hang up on me again. I didn’t waste time getting to the point.

“I just got an offer to settle Olivia’s case directly from the general counsel of Big Buy. I’m curious about why I didn’t hear it from you.”

The silence on the other end of the line told me that something was definitely amiss between Girlie and her client.

“Are you still handling the case?”

“What was the offer?” Girlie asked tightly.

“Perhaps you should call your client and find out,” I said, then happily hung up.

S
pecial and I sat in the lobby at LAPD headquarters anxiously awaiting our scheduled meeting with Detectives Mankowski and Thomas.

“Girl, I can’t wait to see their faces when they find out we’ve solved their murder case.” Special beamed with pride. “And by the way, when are you going to give me my props?”

I smiled at my friend. “You are an incredible investigator, Ms. Special Sharlene Moore. But you still haven’t told me exactly how you got the information about Girlie.”

She waved away my inquiry. “Sorry, but my investigative techniques are a trade secret.”

Knowing my friend and her antics, it was probably best that I didn’t know.

I was still on a high from my call with Olivia. It felt great to have delivered for her. Now, I only hoped that I could do the same for Jane Campbell. The general counsel hadn’t called back yet, but Jane was thrilled about the possibility that Big Buy would give her the money Harlan Kimble had left for her without a long legal battle. With everything going on with the company, I didn’t think they’d want to take on Jane’s wrongful discharge case either. So I fully expected that Big Buy would make an offer to resolve that case as well.

Too bad Girlie Cortez wouldn’t be representing the company. After the police heard the information we were about to disclose, Girlie wouldn’t be representing anybody.

The day before, I had called Detective Mankowski and explained that I had information regarding Big Buy and Judi Irving’s murder that I thought he would find quite interesting. He asked for specifics, but I refused to divulge any information over the phone. I wanted to deliver these bombshells face-to-face.

Finally, Mankowski came out to the lobby to greet us. “Sorry to keep you waiting. Follow me.”

He escorted us to a small interrogation room. Detective Thomas entered the room behind us.

“You were very mysterious about the nature of your visit when you called,” Mankowski said, once we were all seated. “So let’s hear it.”

“Sorry,” Special responded. “We couldn’t talk about this over the phone. This is serious business.”

Mankowski’s fingers drummed the table. “Tell me who you are again?”

“Special Moore,” I said. “Just a good friend who helps me with research from time to time.

Deep lines wrinkled Special’s forehead. She didn’t like being referred to as a lowly researcher. But I was not about to tell two cops that I was turning over information obtained by an unlicensed investigator.

“So exactly what information do you have?”

“We have evidence of criminal conduct on the part of Big Buy,” I said proudly. “And we also know what was in those documents Judi Irving received, which we believe led to her murder.”

“We already know all about the documents,” Detective Mankowski announced. “Big Buy was cooking its books. It’s been all over the news. And that information didn’t lead to Judi Irving’s death. She was murdered during a botched burglary. Those documents had nothing to do with her murder.”

That information stunned Special as much as it did me. Big Buy’s financial fraud was all over the news. So it made sense that the detectives would’ve put two and two together just as we had. But we were convinced that Judi was killed over the documents.

“A botched burglary?” Special said. “Are you sure?”

“We’re absolutely sure. And the guys involved had absolutely no connection to Big Buy. One of them fled to Mexico. But we’ll get him. Eventually.”

Special and I exchanged disappointed glances. Based on the conversations that Jane had overheard, we’d assumed that Judi had been murdered over the documents. But then again, Jane didn’t have any corroborating evidence. This was a real blow, but we weren’t done yet.

“Do you know who sent those Big Buy documents to Judi?” I asked.

Mankowski leaned back in his chair. “Nope. Do you?”

“Jane Campbell,” I said. “She was the assistant to Big Buy’s CEO. She’s my client now. She was wrongfully terminated and I’m pursuing a lawsuit against the company on her behalf.”

“Isn’t that going to be a little difficult? Sounds like she misappropriated confidential company records.”

“It won’t be difficult at all.” I folded my arms and cocked my head. “The CEO had instructed her to shred the documents but she kept them because they revealed evidence of a crime. She was fired because of that evidence. By the time I’m done, Jane Campbell will be a corporate folk hero.”

“You lawyers are something else,” Thomas said with a grin. “So was Campbell also the one who turned over the documents to
The Daily Business Journal
?”

“Nope. The CEO accused her of that, but she swears she didn’t.”

Thomas raised an eyebrow. “And you believe her?”

“Absolutely. She has no reason to lie about it. But I do have a theory about someone else who had a motive for turning over those documents to the
Journal
.”

“We’re listening.”

“We believe Girlie Cortez did.”

Mankowski shot up in his seat and rested both forearms on the table. His level of interest in what we had to say had suddenly spiked.

“How did she get them?” he asked.

“From Judi’s boyfriend, Phillip Peterman.”

Some kind of signal I couldn’t decipher passed between Mankowski and his partner. “You believe that or you know it?” Mankowski asked.

I hesitated. Billie Wilson from the
Journal
never revealed how she got the Big Buy documents, but she did confirm that they had arrived in the mail from an anonymous source.

“It’s a theory. But it’s a theory based on Girlie’s background.”

I slid a folder across the table to him. “Take a look at this. I think it explains why Girlie went against her client’s best interests and gave those documents to the
Journal
.”

Mankowski opened the folder and picked up Special’s neatly typed report. He placed it on the table so both he and Thomas could read it at the same time. We waited as the two detectives read all five pages. It took them several minutes.

Thomas was the faster reader. When he gazed across the table at me, there was a noticeable gleam in his eye.

“Where’d you get this information?” he asked.

“I dug it up,” Special boasted.

Mankowski turned the report face-down. “How?”

“Research.”

“What kind of research?”

“Some of it on the Internet. But most of it from talking to people.”

A skeptical Mankowski pressed harder. “What people?”

Special turned to look at me. It had not occurred to her that she might be on the firing line. “Friends and friends of friends.”

Her voice had a cagey edge to it and she started rubbing her palms together. I hoped Special hadn’t done anything illegal to gather the information, but I knew that was a definite possibility.

Mankowski hurled a scowl across the table. It was probably the same intimidating look he used to get criminals to confess.

Special squared her shoulders. “Look, I have some Filipino friends who happen to know people, who know people who knew Girlie’s family.”

“So you got this information from a relative of Girlie?”

“Yes. And it’s all true. I got this information from Girlie’s aunt, okay?”

A long patch of silence followed. Both detectives seemed to be locked in their own thoughts.

Mankowski scratched his jaw. “If the information in this folder is true, it would definitely serve as a motive for Girlie to hand over those documents to the
Journal.”

“It’s true,” Special assured him. “My sources are solid.”

“We’ll need the names of everybody you talked to?”

“I can’t. My sources are confidential.”

Mankowski rolled his eyes. “Girlie Cortez denies ever having seen those documents. She even agreed to take a lie detector test to prove it.”

That revelation shot a double dose of disbelief straight down my spine. “There’s no way she’d take a lie detector test. She’s a lawyer. No lawyer would. They’re not reliable.”

Mankowski spread his palms. “We’ve already got it scheduled. Tomorrow at three o’clock.”

My head swung from side to side, then back again. “She’s bluffing. No way she’s going to show up. Girlie Cortez enjoys playing head games.”

“And if she does show up,” Special threw in, “it’s only because she’s figured out some way to beat the test. I read an article about how you can throw it off by controlling your pulse and breathing. That heffa is treacherous.”

Thomas snickered. “Now that last statement I believe.”

Mankowski muttered, mostly to himself. I didn’t know if his reaction was in response to Special’s comment about Girlie or his partner’s confirmation of it.

“You said you also had some information about criminal activity on the part of Big Buy,” Mankowski said. “Were you referring to the company’s fraudulent earnings reports?”

“Nope.” I opened a second folder and handed him another piece of paper. “I’m talking about a totally separate crime.”

Both detectives started reading the report. Seconds later, they looked up at precisely the same moment.

“Are you saying the CEO of Big Buy authorized this activity?” Mankowski asked.

Now we definitely had their attention. “That’s exactly what I’m saying.”

“You also claimed Big Buy was involved in Judi’s murder and you were wrong about that. Why should I believe this?”

“That information came directly from my client, Jane Campbell. As I said, she was the CEO’s executive assistant. So she was definitely in a position to know. She has copies of phone records and bank transfers. And she will testify under oath to everything in that report.”

I rose from my chair, reached across the table and attempted to retrieve both documents.

“Hold on,” Mankowski said, placing a hand on top of the papers before I could take them back. “We’d like to make a copy.”

I eased back into my seat, more than pleased with his level of interest in our information.

“That’s fine. I’ll allow you to copy them, but only if you agree to make a deal with us.”

Mankowski frowned. “What kind of deal?”

Special’s eyes darted my way. We had already agreed to leave the reports. She had no idea what I was about to propose.

“If Girlie does show up for that lie detector test tomorrow, we want to be here.”

The thrill of finally bringing down my nemesis churned in my chest. “We want to be in close proximity when you catch her lying through her teeth.”