“Just like they
said. A wiseass.”
Silence is my pal. I say more nothing.
Anxiety lines around his eyes belie his reputation.
I take his stare, tweak an eyebrow and twinkle a smile. He vents venomous air
through tightened teeth, shrugs and looks away.
He’s called me a wiseass. Now, I call Jack Bugley a
hard-ass. Silently. So he can’t hear.
Jack-Bugley is an over-hyphenated stereo-type, a
well-connected, self-centered, power-hungry, nouveau-riche,
entrepreneur-criminal Type-A with spotless-hands and a filthy-soul.
He’s sitting in the downtown lockup. One of us is
pleased. Both of us are shocked.
“So” he grunts and takes my eyes in his. I retrieve
them. Not the eyes, Jack. They’re hard to replace and I hate shopping.
He switches tack and flashes a Pan-Am smile about as
genuine as a pedophilic priest’s vocation.
“So” I echo and smile with my eyes. I’m happy and
relaxed. Jack Bugley has nothing on me. Other than having me horribly maimed or
brutally murdered, he can’t touch me. And, we both know it.
His sham smile segues into a sullen scowl. He chins
at the chair opposite and barks a command “Sit.”
I stay standing. We wiseasses think better on our
feet. We run better on them too. Also, we don’t take too kindly to barked
commands from hard men we despise and we definitely don’t take a seat if it
will imply a lawyer/client relationship.
I am a lawyer and he is a client. Just not mine. Not
now. Not ever.
My disobedience discommodes him. Slowly, his
shoulders slump. He is a man teetering on the edge.
I can relate. I too am on the edge, on the edge of skipping out of
here. I raise the other eyebrow. I like to show my superciliary versatility every
chance I get. It’s an eyebrow-raising weakness of mine.
“Wiseass” he repeats in case I’ve missed what
“they” told him about me.
He shrugs again. For a guy who does it a lot, he’s
a lousy shrugger. I shrug him one of my own, to show him how it’s really done.
The lesson escapes him. I mentally charge him for it anyway. Time, they’d taught
me in law school, is money.
Jack is a man who’s sailed stormy seas all his life
and has finally fallen overboard. He’s hit a reef he’s shelled out fortunes to steer
clear of. He’s out of his depth. An idea occurs and, hating myself for having
anything to do with this creep, I toss him a lifeline to give it time to
develop “So?”
Like a Willie Nelson concert from the cheap seats, his
voice switches from badass tenor to gravelly bass as he inches his story
forward and croons “Yesterday.” He coughs without meaning to and it visibly
hurts. He painfully swallows saliva or bile or whatever he lubricates his malevolent
tongue with.
“Yesterday” he repeats but this time the pitch is alto.
The guy’s got range. He coughs, intentionally, to clear an intrinsic whine. Perhaps
his diaper’s been too tightly tied during those important formative years.
Yet another “Yesterday” and I get it. I’m quick
like that. He’s trying to tell me something about yesterday.
He doesn’t like that one either and goes for
another take “Yesterday.”
If he doesn’t get a move on, he’ll be talking about
today. I nod encouragement, letting him know that I hang on his every
yesterday. He takes it as a slight and I’m glad.
My mind escapes to thoughts of sweet revenge.
I recapture it and force myself to tune in to what
he’s saying. He’s saying another “Yesterday...” I suppress a groan but he
surpasses himself and all his yesterdays “…the cops arrested me.”
Some people consider me dumb. I test their thinking.
We’re in jail. I’m not under arrest. Dum-de-dum!
He says, deadpan and resolute “You’re going to
defend me.”
Throughout the dance of my life I’ve heard a lot of
short sentences but none has ever thrown me as completely as this one. It puts the
disco into discombobulated. For the first time in my twenty years as a defense
lawyer I ask an accused that unaskable question “Why?”
Jack looks at me like I’m a moron “Why what?”
My why is too restrictive. I do something I’ve been
planning to do for years. I branch out “Why me? You’ve got more lawyers than sense.”
His lawyer/sense equation trends toward equilibrium
as he bitterly explains “Their job is to keep me out of jail. And, where am I
now?”
He’s got a point. I buy time to put some wheels
under my idea “What are they charging you with?”
“Statutory.” He doesn’t need to complete the
phrase.
I look at him more carefully and I see. Jack’s really
scared. He’s spent the night in a place where his reputation, reach and riches
count for zilch. His silk shirt sports scarlet spots. On his throat black/blue
bruises bear brutal witness. Every swallow recalls last night’s hell. The
experience has thrown him so far out of his comfort zone that he wants to hire…Me!
Normally, Jack wouldn’t wipe his shoes on someone
like me. Jack’s is a gilded world of luxury cars, yachts and mansions, young
wives, younger hookers, fine food and finer wines. And, crucially, no jails.
Ordinarily. Now, he’s washed ashore on my patch and
he doesn’t like it one little bit.
I’m not crazy about it either.
***
I am a Velcro man in a Teflon world.
If the Buddha was right I must have done something
real bad in a previous incarnation to have been saddled with the heavy burden
of a conscience in this one.
I’ve tried to hide it.
I’ve tried to hide from it.
I’ve tried to beat it to death.
I’ve tried to secretly slip it into the pockets of
passing pedestrians.
I’ve driven it out to the boonies in the dead of
night and symbolically abandoned it. But, like Lassie, it always finds its way
home.
***
The mainstream media and their wealthy backers depict
my clients as the dregs of society. Except they’re not. Mostly, they’re ordinary
people with extraordinary problems. Venal politicians, crooked big-time real-estate
developers like Jack Bugley and psychotically greedy Wall Street gamblers
disgust me infinitely more.
Sure, my clients are addicts and grifters, dippers
and hookers but they’re real. They’re honest in ways that only the powerless can
be. They’re not good, not good-for-nothings.
Someone has to steer them through a system rigged by,
and for, the powerful. That someone is me. This is why I became not just a
lawyer, but the type of lawyer I am.
I’ve never turned down a plea for help.
I intend to turn Jack down.
***
I decide. I park the idea as an unworkable delusion.
I’ll price myself out of this predicament. I name a sum I couldn’t earn in three
good years and he nods immediate uncalculated assent. I gulp, panic and add
“And half again for expenses.”
He nods again and says tamely, like the broken man
he has temporarily become, “Ok, half today when you bail me out, the rest on
acquittal.”
I swear silently. I’ve underestimated how rich and
how scared Jack is. In naming my fee, I’ve taken the case.
Dazed by my stupidity and sudden wealth I walk to
the door.
A menacing command triggers a landmine of
recognition “Talk to Rudy.”
I ask the door “Who’s Rudy?” The door’s dumber than
me. Jack answers for it “My driver, you fool. He was with me yesterday.”
Resigned, I nod without turning.
I push the thought of the enormous fee to the back
of my mind where it sits heavy as a stone the way the lasagna in Uncle Sal’s
diner sits in my stomach every time I eat it.
Jack’s right. I am a fool. I know Uncle Sal’s lasagna
will get me every time, but my taste buds are in my wallet. If it’s cheap, it’s
tasty.
Taking a case for Hard Jack Bugley is a bad idea,
but he’s right. I have accepted it. As of now I am his lawyer with all that
that entails.
It’s time to go. Hating him and annoyed with myself
I pummel the door and call the guard.
After purgative gulps of fresh air I call Jack’s
secretary and charm the directions to Rudyville from her.
An hour later Jack and I go see the judge.
***
Bail was invented by the rich for the rich.
Jack was out before I could say, and why would I bother,
“Let justice prevail”.
He could’ve been out the night before except the
shock of his arrest had been too great. He hadn’t been thinking straight. His
first night in the slammer has convinced him that it has to be his last. Panicking
for the first time in his loathsome life he’s dumped his retinue of straitlaced
legal office jocks in favor of a street fighter who specializes in defending the
indefensible.
Me.
***
If only the good die young, Rudy will live forever.
He’s dark, slim, small, and bent. He wears his
faded black leather jacket like an old threat. His tongue darts relentlessly
along thin red lips but I have to stoop down to see.
Rudy is Jack’s driver not an alchemist yet his dead
weasel eyes never leave his belt buckle as if he’s trying to stare it into gold.
I don’t want his belt or his company, I want his recall. If he has any he’s mislaid
it someplace like a single sock.
I’m unhappy. I don’t want Jack as a client. I don’t
want to plead for him, anywhere anytime with anyone.
I incline to Rudy’s level. I explain that his boss
has hired me and that I need to talk to him about yesterday. Unlike Jack, I say
it right the first time but Rudy never lifts his head, never acknowledges my
existence, just keeps wetting those eternally dry red lips of his and staring fixedly
at his groin.
Rudy is a knife man. He likes to do it quiet and up
close, as close as he ever gets to another human being. If birth is a lottery
Rudy’s role in life was a sociological certainty. Brutalized by his family, bestialized
by his environment and betrayed by his gnome-like physiognomy, it was a sure
thing from the moment he’d spurted out of the womb onto a blood and urine-soaked
bed sheet that he’d turn out the way he has. A dumb, mean outsider, full of
hatred, his knife-hand quicker than his synapse.
I’ve known a hundred Rudys. I’ve defended them all
and liked none of them. I’ve helped them walk free knowing one thing for certain.
I’d see them again. It’s sustainable fishing. Catch. Release. Catch again.
They can’t resist the bait.
***
When a loner like Rudy connects with a man like
Jack the bond is immutable and concrete. Jack is not just Rudy’s meal ticket. He
is his raison d'être, his surrogate father, his mentor and sage.
True lawyers fake empathy. I talk to Rudy the way
Jack does, with understanding, with kindness. I tell him that his boss is in a
bind and needs his help. I assure him that he can tell me everything and
anything since Jack is protected by attorney-client privilege.
He raises his head, reddens his lips and relents.
Rudy’s story is as short as he is.
I take notes.
What Rudy tells me turns my stomach. Jack will
walk. No question.
My idea loses traction. Then, its wheels spin and
grip on the grounds that Rudy is utterly loyal to Jack. He’s normally mute.
But, he’s talking now.
My next question makes him edgy. I soothingly reassure
him that I too am bound to Jack. Despite his misgivings his filial fidelity fosters
a response.
I grill him some more.
I open my legal pad to a new page. Ten minutes
later I’ve written down Rudy’s story in BLOCK CAPITALS. I tender a gold-colored
pen. He recoils. I wiggle it playfully in front of him to show it means no
harm.
He licks his lips and scribbles his name at the
bottom of the page. His signature is that of a sixth grader’s and confirms my
theory of arrested development.
I sign my name beside his. I clutch the pad tightly
to my chest and walk away.
I am happy again.
***
That evening my part-time bookkeeper/full-time
sister calls me in a flap.
Seeking thrills, or laughs, she’s played online banking
roulette with my account.
With gleeful dread she tells me that the bank has
made a terrible error, like that card in Monopoly only with many more trailing zeroes.
I tell her it’s Ok and to expect a similar deposit
in the near future. When she pushes me to explain how I’ve earned so much money
in one day, I tell her the truth.
I tell her I’ve sold my soul to a devil.
***
Next morning I take a call from a guy called Reilly
who says he’s the head of Jack’s legal office. He tells me he’s cut short a
skiing trip. I try not to be impressed. It’s easy.
He’s convening a case conference in an hour. He
tells me where. I give him silence and he gets the impression that I’ll be
there.
I’ve no intention of talking to Jack let alone his lawyers.
I conduct my cases solo and, in defiance of the text books, without the distraction
of a client’s recall.
I know what’s happened. Back in the bosom of the
familiar Jack’s reengaged with his highly paid attorneys. For now, they’ve
conceded my role.
Later on they’ll cut me out.
Or try to.
***
That afternoon I take a call from Jack.
He asks me why I’ve missed the conference with his
legal team.
I ignore his question, ask one of my own. How many crummy
criminal cases has his legion of legal legends successfully settled?
He has to think about it and I pounce.
I say “Exactly” and kill the call.
***
An hour later I catch a break.
Reilly calls me again. He makes no mention of my
no-show. He tells me he will apply to the court to be listed as co-counsel.
This is a prelude to kicking me off the case. I
cannot allow it. Overcoming my initial misgivings, I am now completely
committed to this cause. Justice and my conscience demand that Jack and I have
our day in court.
Crucially, I sense that this is Reilly’s idea, not Jack’s.
I tell Reilly why it’s a cinch that Jack will walk at the arraignment. As he cogitates
I assemble the killer lie, an IED concealed beneath the twisted trail of his
self-esteem. I ask “Do you know why Jack hired me? I mean, his real reason?”
Reilly answers with the assurance of the confidant “Of
course. Jack wasn’t himself. He couldn’t believe that the cops had actually
arrested him. He had a rough night in jail. He was angry at my colleagues and…eh…me.
He felt we had let him down.”
I force a frivolous laugh and ask, as if genuinely impressed
by Jack’s creative talents, “Is that what Jack really told you?”
A hesitant affirmation and the IED detonates “Well,
he’s lying. He hired me because he’s anxious to protect your reputation. He
told me that you guys are too important to him to drag into criminal court. If
I recall correctly, the word he used to describe this case was ‘crummy’.”
Reilly can be my co-author but never my co-counsel.
I pause to let him finish my fairytale.
He does and says “Oh. Well, yes, I see. He has a
point… Hmm.”
I gut and fillet his ego with “Personally, I’d be
delighted. It would help my career enormously if we were co-counsels on this…”
The thought terrifies him. He backs off “Eh, well,
no. I think Jack is right. Besides, from what you say, it will only take a few
minutes to have this thrown out of court.”
I can’t laugh while biting my tongue. I mumble
agreement.
He grunts decisively and says “Good” then adds “Oh,
one more thing. Jack told me what you’re charging. Forget it. You’ve got all
you’re going to get.”
For a few moments I act outraged, then say resignedly
“I’ll need that in writing, signed by Jack. Have his secretary fax me the
letter.”
I hang up.
I’m not surprised. Jack’s attorneys are paid to
give him good advice and protect his wealth. They know I have tried it on but
not why. They know my fee should be a fraction of what the shell-shocked Jack
tamely agreed to in the lockup. His lawyers are at the top of their profession.
They are the very best that greed can lure from the path of righteousness.
If I was in their shoes I’d do the same. Well, with
one difference.
I’d have told me after the case had been thrown
out.
***
Three days later I’m sitting beside Jack in a
crowded courtroom at the pre-trial hearing.
So many journalists have shown up I figure their
media mogul bosses have given other news the day off. I imagine the suffering a
day without mention will cause to countless celebrities I couldn’t name under oath.
I’ve pushed for an expedited arraignment and the
prosecutor has agreed since the case against Jack is a bust.
Like a proud mother goose Reilly sits beaming
behind Jack in the front row of the public gallery. Around him sit half a dozen
identically dressed goslings who could be mannequins or lawyers, or both.
Firmly back in his comfort zone, Jack ignores me.
He reclines in his chair and Reilly leans forward across the bar holding
muttered conversations about God knows what.
***
In their rush to pin something on Jack the cops have
screwed up in the most fundamental way.
The girl won’t talk. Though little more than a
child she’s already an experienced professional.
The evidence isn’t there. The swab tests were negative.
In any case none of this matters.
The cops have had a long-time hard-on for Jack.
They’ve tried to get him on any of a dozen charges. He’s too careful and his
lawyers are too good. The same team of cops has shadowed him for so long Jack
writes their salaries off against his taxes.
Jack plays with their heads. That’s what’s caused
this mess. He’s pushed the guys who follow him 24/7 too far. A couple of his
goons delivered a laxative-laden lunch to their surveillance van. After the
cops cleaned up they swore to get Jack any way they could. They have literally,
and for a second time, dropped themselves in the doodoo.
Knowing that Jack likes his girls young and, at the
insistence of his lawyers, legal, the cops pressured the escort agency into
supplying a minor. They’d followed as Rudy, as he often did, drove Jack to an
apartment Jack owns downtown.
The cops gave Jack what they assumed to be enough
time to make the beast with two backs then stormed past Rudy into the room.
Jack spent the hour or so after entering the
apartment waiting for the Viagra to kick in and making some calls. Sure, when
the cops burst in Jack and the young lady were naked but they hadn’t done anything.
More coitus impedo than coitus interruptus.
The cops have persisted with this farce in a feeble
effort to embarrass Jack socially. They had no warrant and no probable cause
for entering the apartment. If there had been evidence of coitus they could
never have used it. Fruit of the poison tree and all that.
I know it.
They know it.
And Jack, who is back to his typical arrogant self,
knows it.
Ironically, their attempt to embarrass Jack is
backfiring. In Jack’s world being caught partying with a young woman is cool.
It’s proof he still has it. His current wife is an ex-escort girl and won’t complain
since the latest one could easily become her replacement.
In a few years.
When she’s old enough.
***
I’ve forgotten more law than I know. I don’t use
it. I don’t need to. I operate in the legal gutter where knowledge of the law
is less important than an ability to tell a good story, put a witness at ease
and charm a juror or twelve. Oh, and a willingness to let a judge win a few
dollars at a poker game.
Though this defense is as straightforward as they
come I’ve prepared more carefully for it than I have for any previous case.
I’ve spent the last two nights poring over law books I’d last read while
popping my acne.
Nothing is too much for me, the conscientious
lawyer.
Justice must be served.
***
I’ve come to believe that the unit of measurement
of proof in a legal case is the ‘jot’.
At the judge’s signal, I rise to speak. I drip
derision like a faulty faucet “Your honor, this case should never have been
allowed to get this far.”
The prosecutor’s mouth falls open as he reluctantly
levitates from his seat to defend the fine reputation of the police department.
I flap an outstretched palm that says “don’t bother”.
Deploying a harsh staccato sure to annoy any other
judge I add “There is simply no evidence that my client…” I almost gag but
press on “…engaged in an illegal act with anyone, let alone a minor, on the day
in question.”
Beside me, Jack beams. This is why he’s hired me,
the sewer rat. This is my sordid realm. The highbrow Reilly and Jack’s other corporate
lawyers with their expensive suits and real gold pens would never talk like
this in court. That’s their purpose. To never be here.
Not only will I get him off, I will be Jack’s proxy.
I will badmouth the cops in court the way he would love to but can’t because he
had the good sense not to go to law school.
Jack is right and he is wrong.
I continue “Though they have never adduced a jot of
supporting proof, the police have long held the view that my client, Jack
Bugley, is a criminal. For many years they have tried to entrap him. This charge
is merely their latest feeble attempt.”
The judge interrupts to tell me to get on with it.
I get on with it “I ask the court for three things.
Firstly, to dismiss this charge since the police entered my client’s apartment
without a warrant.”
The judge has a lunch date. I know. It’s with me. He
eagerly assents “So ordered. Charge dismissed.”
I cringe as Jack pumps the air in victory.
With gentle impatience the judge prompts “Well,
counselor, what’s the second thing?”
To Jack’s supreme satisfaction I vibe vicarious
victimhood “Secondly, I insist that the court order the police to cease their
intimidatory surveillance.”
I can insist all I want. I know this is outside the
judge’s remit but I’m determined that the cops’ hounding of Jack will cease,
and soon.
The judge shoots me a look of fatherly annoyance
and says “Counselor, you know that has nothing to do with this court. What’s
the third thing?”
My legal pad sits in front of me on the otherwise
bare table. I pick it up. I ask for permission to approach the bench. When it
is granted I stride forward. Since the case is over the prosecutor does not match
me.
I place the pad in which I have inserted Jack’s faxed letter in front of the judge. I slide the letter to one side. I retake my
original spot. I carefully follow the judge’s eyes. He is, I know from my many
past dealings with him, a fast reader. When I see his eyebrows head north I
know he has seen my fee. The poker antes will go up.
I silently implore him to move his eyes to the
right, to my legal pad. He does so. For a few tense moments I watch his eyes
furiously absorb what I have written there in well-formed capital letters. It
takes him a moment to decipher the childish scrawl at the bottom of the page.
This judge and I are not just frequent sparring
partners, we are close friends. We often play poker together. His poker face has
a fatal flaw that makes me feel like a fraud when I pretend not to notice it.
When he has a strong hand he gets excited and invariably strokes the bridge of
his nose. It is his tell.
Now, when I see his finger caress his nose, I know
it is time. I say “As you can see, the
letter is addressed to me from my client.”
A buzz bees through the court.
I push on “In it he states that he is reneging on our
agreement regarding my fee.”
Reilly jumps to his feet and says “Objection! Mr. Bugley
is protected by attorney-client privilege.” Since he is not listed as counsel in
this case the judge ignores him but he looks at me and, as if we have
rehearsed, which we have not, gives me my cue “Mr. Reilly has a point. You are
bound by attorney-client privilege.”
This is what I have researched in those long
forgotten law books. Thinking of Uncle Sal’s lasagna, I say “Attorney/client
privilege may be waived when a lawyer’s interests are threatened by his client’s
actions. I have an interest in eating well. Since my client seeks to
unilaterally reduce the agreed fee, he and I are in dispute and privilege no
longer applies.”
I know this is one of a few ways that privilege can
be waived but I have my reasons for choosing it.
I ignore the bristling Jack and Reilly’s hissed
threats of disbarment. I am on something I am not use to - solid legal ground. I
wait for the judge to play his part. He is, I know, a very bright guy. He could
apply to sit in another court. He could dazzle the Court TV cameras with those excessively
whitened teeth of his. He could sit in judgment of Wall Street’s economic war
criminals.
But he does not.
As well as sharing a fondness for poker and a
belief that court should sometimes be fun, we share some other things.
Like me, he has a conscience.
Like me, he believes, genuinely and passionately,
in the importance of a fair and just legal system for all.
Like me, he understands that poverty and its
attendant horrors are a life sentence not a lifestyle choice.
Like me, he despises the abuses of the wealthy and
the powerful.
Like me, he would not fit in anywhere other than in
this sewer we joyfully inhabit.
Finally, he stifles a grin and says “I agree
counselor.” He looks at Jack but addresses another person “Bailiff, take the
defendant into custody.”
The full courtroom is stunned into an empty silence.
Then, pandemonium breaks out. The judge allows it run free for several moments
before rapping his gavel once but loudly. He raises his voice and says “I am
issuing an arrest warrant for Jack Bugley on a charge of conspiracy to murder…”
though he is already very familiar with it, he glances at my legal pad as if
needing to confirm the victim’s name “…Howell Sutton. Take him down now.”
Demonstrating an impressive lung capacity doubtless
developed on Aspen’s slopes, a seething Reilly is on his feet loudly lecturing the
judge that he can only issue an arrest warrant on foot of a signed and sworn
affidavit showing probable cause that a crime has been committed.
The judge waits while a bewildered Jack is handcuffed
and escorted from the courtroom to the holding cells downstairs. He carefully extracts
the page from my legal pad. He stands and holds the page triumphantly aloft and
responds to Reilly with wicked playfulness “You mean, a sworn and signed
affidavit like this one?”
He sweeps out of the room to issue an arrest
warrant for Rudy.
I’m less a sweeper, more a strider. I retrieve my
legal pad and Jack’s letter and stride through the confusion and out of the
room. In the hallway I call my sister/bookkeeper. I break her heart and make
her day. I tell her to transfer Jack’s money, every last cent, from my account
to Howell Sutton’s wife’s account. She already has the details.
I hang up.
***
I loved Howell Sutton. Until now he was the
unavenged victim of society’s tolerance of greed.
Howell was everything that Jack is not. He was
honest and hard working, loyal and loving.
He left a heartbroken widow and two beautiful children.
He wasn’t rich but that wasn’t his fault. He ran a gas station coveted for its location
until a voracious real-estate tycoon sent a knife-wielding nutcase to take it and
everything else away from him.
To Jack, Howell was insignificant, a nobody. He had
him killed, extorted his property then forgot everything about him. Even his
name.
I intercept Reilly as he exits the courtroom at the
head of his cohort of clones. I hold his furious glare as I tell him “Go ahead,
try and have me disbarred. Make sure you get my name right.”
I spell it out for him “That’s B-e-n S-u-t-t-o-n,
Attorney-at-law.”
As I push through the crowd and go to meet my
friend the judge I wipe away a tear and a phrase from law school plays in my
mind “Grief is the price we pay for love. Justice is its meager balm.”
God bless you my brother. I hope that, at last, you
can rest in peace.