A Fool For A Client
"No, Hobie. I meant every word. The whole firm wants you back."
He reached into his suit pocket. "Here's the original of your agreement. You can tear it up right now and walk back to the office with me. Everyone's waiting."
It took every shred of self control I possessed not to grab that piece of paper, tear into shreds, throw it on the floor, and stomp on it. But something about this didn't pass the smell test. I needed to talk to Keiko before I agreed.
"I need to think about this," I said. "What you're offering is something I never imagined could happen. I don't know what to think. It cut me so deep when I left the firm that . . ." I couldn't finish.
Robert squeezed my arm in reassurance. "I understand. I'll explain to the others how overwhelmed you are. Meet me here again tomorrow morning. I'll have Jack with me. We'll work out any concerns you may have then so that your return is as smooth as possible."
"Okay, tomorrow," I said.
*
"I was so numb that the next few hours are a big blur. I started walking and ended up on Nob Hill staring at Quincy's old house," I told Keiko that night. "I took enough psychology courses in college to realize why I went there. My subconscious was telling me this is an opportunity to restore the firm to Quincy's principles. Robert and Jack realize the errors of following Brad's leadership. I've been given the opportunity to make L&P great again."
Keiko never said a word in response, but if a look could kill, I'd have been disintegrated. Her face melted into darkness.
-15-
I jolted upright. My bedroom was black. I looked at my alarm. It was only 2:12 a.m. Too early to get up; plenty of time to toss and turn.
With all of the acid I'd exuded, the lining of my stomach wouldn't last until tomorrow night. I had to talk with Keiko. I needed to knock myself out, so I plodded into the bathroom and grabbed the sleeping pills bottle. I opened the cap. I counted out four pills to make sure I'd fall asleep fast. I stopped. A handful of sleeping pills wouldn't resolve anything, and it could make matters worse. I didn't need to confront Keiko while I was this upset.
I traipsed into the bedroom and stretched out on my bed. I forced all thoughts away and stared at the ceiling. I must have closed my eyes and dozed off without realizing it because hazel eyes greeted me. "Are you talking to me now?" I asked.
"Only if you've come to your senses."
I shook my head. "What are you talking about? Why were you so upset that you wouldn't talk to me earlier?"
"Oh, Hobie. Face the truth. Do you really think that you can go back to Lott & Pembroke as if nothing happened?"
"I think Robert and Jack finally realize the mistake they made in going along with Brad."
I must have been an errant child again. "Hobie, Hobie. Why did Robert wait until after he sued you to come this epiphany?"
"It's hard for a layman to understand, but lawyers do their best thinking when pressured by events. Robert must have realized after the court hearing that the firm would be stronger with me than without me. Jack came to the same conclusion."
Keiko sighed and shook her head. "I can't tell you what to do, but in my opinion, Robert has always looked out solely for Robert. You trained him and made sure he became a partner. Then when he thought Brad could lead him to greater riches, he forced you out. Now he wants you back. I don't believe he's sincere Something's going on because Robert doesn't have a sincere bone in his body. And Jack Fong is such a worm he doesn't have a bone in his body."
"I don't know, Keiko. Deep in their hearts, they both want to do the right thing."
"The right thing for whom: them or you?" She bit her lip. "Robert may not be as violent, but he's as devious. It's dangerous to lower your guard."
-16-
First thing the next morning, I headed into the bathroom to find an antacid. I didn't want my stomach churning when I met Robert and Jack. It would make some impression if I threw up while we negotiated my return to L&P.
The antacid didn't survive the drive into San Francisco. Heavy rain pelted my windshield. I had to slow in order to see the road's lane markings. Twice cars swerved in front of me and I had to slam on the brakes to avoid an accident. By the time I arrived at the Club the acid in my stomach was rocking back and forth faster than the windshield wipers.
Because of the rain, I arrived a few minutes late. I waved to Ramon as I scurried up the redwood stairs. Normally at this time of day, the dining room would be packed. Evidently, the inclement weather had delayed everyone down because only a few tables were occupied. Jack and Robert were waiting in an isolated corner. Jack rose and stuck out his hand. "Hobie, glad you could make it."
Evidently, pudgy Jack couldn't wait to eat until I arrived. One glance at the half-cooked egg with its runny yolk oozing over his plate caused my stomach to lurch. I raised my hand to my mouth and swallowed back the rising bile.
Jack's eyebrows formed question marks.
"Sorry," I said. "Upset stomach. Must be something I ate last night."
Jack sat down. "My stomach's been upset all night too. I have an important meeting with the Imperial Bank in thirty minutes. I find food helps to calm me. Would you like some eggs?"
Jack must have been upset a lot in the past month because his double chin had grown. "No food. I'll just stick with juice this morning," I said.
"I have to leave in a few minutes to make sure I get to the meeting on time, so I'll be brief," Jack said. "Since Brad's death, I've been reviewing the firm's finances."
I nodded. Jack was the firm's senior tax partner and he'd always had his finger on the pulse of the firm's finances.
"This lawsuit is a needless drain on our resources. Bresh doesn't come cheap and he demanded an advance retainer. He's used that up already and wants another advance. At this rate, a trial will run into, well a lot. You'll find out how expensive it is if we don't settle and you have to hire counsel."
He paused and scooped a piece of toast through the running yolk. He took a big bite. My stomach lurched again.
Jack must have thought my discomfort was from his mentioning litigation expense. "The perfect solution for all of us is for you to rejoin the firm. We all avoid the cost of litigation and all of the clients remain at L&P where they belong. So, welcome back to Lott & Pembroke. And as a token of our thanks for rejoining us, we'll increase your draw by ten percent. Your draw will be the same as Robert's and mine."
Robert's head was bobbing on his long neck like a toy and Jack grinned like a cat who'd just eaten a canary. What a difference a month made. My mind flashed back to the meeting where these two had forced me to resign. Jack had told me it didn't make financial sense for the firm to pay my large draw because I didn't attract enough business. He claimed it made more sense for the firm to hire new associates to do the work I did. The firm could hire three associates for less than my draw and the partners could share the resulting profits. Everyone, but me of course, would benefit.
How could I suddenly be worth more money? The only explanation was that in the past month they'd realized my importance as the firm's legal technician. Evidently, they'd learned the hard way that no associate could research the difficult issues or draft documents for complex deals as skillfully as I could. "That's a generous offer. I'm flattered," I said.
"We thought you would be," Robert said with a broad grin.
Jack pulled a piece of paper out of his briefcase. "I'm seeing Imperial Bank about the firm's finances. They'll be happy to know you're back on board. I hate to ask on such short notice, but would you sign this loan and collateral agreement? It'll increase our credit line significantly and help us avoid a cash crunch until we can get the firm back on sound financial footing."
Jack handed me the agreement and Robert pulled out a pen out of his shirt pocket. I could see the anticipation in both their eyes, and what they were up to was so obvious that even I could figure it out. They needed my assets to
bolster the financial balance sheet of partners guarantying the line of credit. With Brad gone, the Bank would demand that someone replace his guaranty. I would do nicely. Plus, because the bank required annual financial assets statements from partners, it even had on file my most recent financial statement. I'm not independently wealthy, but unlike Robert, I haven't spent every penny I ever made. I've got assets the bank could claim if the firm defaulted.
I threw my napkin on the table. "You slimy bastards! Do you think I'm so desperate to regain my partnership that I don't know why you're doing this? You can take that guaranty and shove it up your asses."
Jack's mouth dropped. Robert's head shook back and forth. "No, Hobie. It's not what it looks like."
"Then what the hell is it, Robert?"
"It's not just the guaranty. We need you, Hobie. Don't do this to the firm. Not after all these years."
I couldn't be bought that easily. "You should have thought of that a month ago." I turned and didn't look back as my anger propelled me out the dining room.
It didn't occur to me until I'd reached California Street that I might have acted hastily. If I didn't reach an agreement with L&P, I'd be back in Judge Rykoff's courtroom. My concern lasted less that a second. I didn't care because there was no way I'd agree to go back to L&P as long as Robert and Jack were in charge. My anger surfaced again and I sprinted into a cross walk.
I heard tires squeal. I turned my head and a taxi skidded to a stop three feet from me. "You dumb shit!" the driver yelled.
I couldn't contain the rage that had been building. I turned to shout at the jerk. "Fuh," was as far as I got before I grasped what I was doing. "Sorry," I said and stepped back onto the curb.
*
"I turned around and walked back to the garage after that," I told Keiko. "I've never felt like such a jackass. I almost caused a taxi to run me over and then I'm ready to rant at the cabbie. He saved my life by being alert. How could I be such an idiot? I've always prided myself on controlling my emotions and handling everything with a reasoned approach."
-17-
The phone rang and the Keiko's image faded. Early morning sun slanting through the bedroom window. "Hello," in a cross tone.
"I'm the one who should be grumpy," Eloise Granden said in her mocking tone.
"I'm sorry, Eloise. Lately, I always seem to be grumpy when I wake up."
"I love you, sweetie, but sometimes you're so wrapped up in the trees that you can't see the forest."
I glanced at my alarm clock. Seven o'clock was too early in the morning to appreciate Eloise's pithy critiques. "Tell me something I don't know."
"Well, sweetie, for one thing, you're lucky that I decided to slip off to Hawaii after we talked. I would have boxed your ears off if I'd received this damn subpoena to appear in court two days ago. What in the dickens are you involved in?"
I wasn't sure where to start. "You were served with a subpoena?"
"Earth to Hobie. Yes, I was served. Fortunately, I wasn't served by some bozo until I returned home. After the date of the court hearing. Now fess up. What's going on?"
I slipped to the side of the bed and plopped my feet on the cold floor. Why didn't I tell her, and Georgia? I'd managed to bring both of them into my problem. "I signed an agreement when I left Lott & Pembroke."
"I can read the copy of the complaint they gave me, sweetie. It's your turn to tell me something that I don't know. Like are you still my attorney?"
Eloise always did have a way of getting to the point before I did. "The judge continued the hearing for a week so that the firm and I could work out a settlement. I don't think there will be a settlement since I told the firm to, ah." I paused to consider how to phrase it.
This was Eloise, why beat - as she would say - "arooooound" the bush. "I told them to stick it up their asses."
"Good for you, Hobie. Except for you and Quincy, I always thought they were a bunch of pompous snots. So, now that you've crossed that bridge, when are you moving up to Napa Valley?"
Not only was Eloise direct, she was persistent. I stood and glanced at the ceiling. "I don't think that'd solve anything. Judge Rykoff may still rule in the firm's favor."
"I'm no lawyer, but the way I see it, they got no case if your office is in Napa County."
Non-lawyers sometimes don't understand. "The agreement says that I can't work for any L&P clients."
Eloise harrumphed, which made me stop and think. The non-compete says I can't work for any client who maintains its principal place of business in San Francisco County or any contiguous county. "So? Napa's not contiguous to San Francisco, but I still can't open an office in San Francisco without violating the non-compete."
"Quincy always told me you were the best technician he ever trained, but that I'd need to keep you focused on the real world." I could visualize her shaking her head and smirking. "I didn't know it would involve so much effort."
"Eloise, I'm not that dense. I love you dearly, but I can't move to Napa. My life is here."
There was a sigh, full of what Eloise would call poignancy. "I hate to be so crass, but what life? Your law firm is suing you." She took a deep breathe and I realized what was coming. "And Keiko's dead. Everything there can only serve to remind you of what you've lost. For your own good, you've got to start anew."
I let out a deep breath. "I can't go on if I can't practice law. Without Keiko, it's all I have left to make me want to get out of bed in the morning. And it'd take more than one client to make it in Napa. It won't work."
I could only imagine how pathetic I sounded to Eloise. Who would want to be represented by a lawyer who couldn't control his emotions.
"One thing you have in common with Quincy Lott is that you always spend too much time analyzing if you did the right thing. I'll tell you the same thing I told him: It's a mistake only if you let it stop you from moving on in a positive fashion."
"What's positive about losing the profession I've spent my whole life honing?"
"Do you have any idea how much I paid to Lott & Pembroke over the last ten years in fees?" she asked in that indignant tone that said I should know.
I never bothered with billing. I figured wonks like Jack could handle the firm finances. "No. I left that to the billing department."
"If you can't pay overhead and make a nice living off more than a million dollars a year from one client, you are one greedy s-o-b. But then, I wouldn't be talking to you if you were."
*
"More than as a client, you're a lucky person to have Eloise as a friend," Keiko said that night.
"I know. But would my moving to Napa Valley be ridiculous?"
-18-
I plodded out to the kitchen table to fix some coffee. I would accept the pain of the real Keiko being gone forever. I couldn't, however, bear not being able to practice law. I needed it to keep me going.
Even though the non-compete clause shouldn't be enforced, I couldn't be certain what Judge Rykoff would do if we traipsed back into his courtroom. Besides, Eloise had me thinking that moving to Napa Valley would be the best solution. L&P couldn't complain because my office wouldn't be in San Francisco. Judge Rykoff would be off the hook of having to make a decision that he obviously wanted to avoid. Most importantly, I'd be able to practice law without a cloud hanging over my head, and according to Eloise, quite prosperously. Another plus would be that, except for Eloise, probably no one in Napa had heard or cared about what happened to me in France. I wouldn't have to face a constant litany of questions.
I decided that after breakfast I'd write a letter to Robert and Jack to tell them I'd decided to observe the non-compete and release L&P from any obligation to pay me. Hopefully, they'd agree to take the case off Judge Rykoff's calendar. If not, I'd bet Judge Rykoff would close the case when I told him my decision and order L&P to pay.
I was in the middle of drafting my letter when the phone rang. "Hello," I said.
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"Hobie," said a voice I didn't want to hear.
"Robert, I don't want to talk to you. There's nothing more to say. Goodbye."
"Wait, please don't hang up." I could picture Robert's Adam's apple was bobbing like a yo-yo. "I'm calling to apologize about yesterday. Jack and I handled the whole situation poorly."
"No shit. Now, goodbye. I'm busy."
"No, no. Wait. There's something else."
Robert could be whiny, but I'd never heard such a pleading tone. "You've got ten seconds."
"Hobie, Jack and I want you to join us on the Managing Committee. The firm needs your leadership more than ever."
Some people never give up. "Robert, don't you get it? I'm tired of your continuing ploys to get me to sign that guaranty."
"No. This is the truth. The firm needs you." He paused and I could hear his famous swallow down that long neck. "Jack would shoot me if he knew I was telling you this before you agreed. After Brad's death, we discovered that Brad had been embezzling money. Somehow, he'd managed to purloin the entire line of credit and several months' billings. All of the money has disappeared. Imperial Bank refuses to increase our line and is demanding repayment of all outstanding credit lines. Their lawyer is threatening to throw us into Chapter 7 liquidation proceedings."
So that was the reason for all of the staff changes. They couldn't afford the overhead. Perhaps, they did need a Quincy-type leader to guide them back to sound financial footing. If I could do that, then I could convince them to return to Quincy's principles. A golden opportunity to lead L&P back to its roots and undo all of the damage Brad's greed inflicted.
First, though Jack Fong had to resign from the Managing Committee. His ideas would never match mine. He didn't care about principles. All he could do was count pennies spent. "I'll consider your offer, but only if Jack's off the Committee. His concepts for the firm don't fly with me."
I thought Robert would hesitate. He didn't. "You get Eloise Granden to pay a $1,000,000 retainer, and Jack's history."