Authors: Brian Freemantle
For several moments Alyce remained looking contemplatively into her lap. âI didn't know him in the early nineties, although I knew
of
him, of course. And you're right, he was the golden boy and there was the expectation of him sailing in the Olympics and for the Cup. No one ever really knew why he pulled out of either.'
â
He
pulled out?' pressed Jordan. âWeren't there any rumours. Didn't you ever ask him, after you got married?'
âI can't remember them all but there were a lot of rumours,' said Alyce. âThere was something about a girl, but that was an obvious speculation: he had the pick of the crop. And I did ask him, after we got married. He said he didn't want to talk about it but that he'd had a nervous breakdown that had to be kept under wraps, that no one would trust a nut who'd needed psychiatric treatment to handle their money â¦'
âWhat's the point you're getting to, Harvey?' queried Beckwith. âAs Alyce says, it was before she knew him. Where's the relevance with what we're dealing with now?'
âMaybe there isn't any,' conceded Jordan at once. âBut doesn't character and morality and integrity feature a lot in what we're dealing with now? Why would a man guaranteed to feature â to represent his country â in the two most outstanding events of his chosen sport abruptly back off?'
âBecause he got sick, like Alyce just said,' suggested Reid.
Jordan stared at the lawyer, letting the seconds build into minutes. âDon't you think it's worth having your enquiry guys poke around a little, ask questions? Find out if it's true? I do.'
âSo do I, for whatever's discovered,' said Alyce. âYou've forgotten the conversation we had in Raleigh, about my believing he had a mental problem? It could account for a lot of his behaviour. Still could.'
âLike suggesting Alyce's family might need his financial support when from what Alyce tells us was the reverse, when he set up on his own,' said Jordan, snatching for another point. âDidn't he have family money of his own? You establish he's a fantasist, you establish he fantasized about Alyce having affairs, to excuse his own.'
âYou seem to have been working hard on this,' accused Reid, irritation returning. âHarder than me or the people I employ to find out things for me.'
âI'm not in any sort of contest with you or anyone you employ,' rejected Jordan. âAnd I'm not trying to prove anything. I've got every good reason to work harder than anyone else and you can count them all in dollars. Your enquiry people letting you down? Fire them and get better ones.'
Reid flushed, his face hardening further. âI'm not trying to get into an argument with you here.'
âI just told you, neither am I,' insisted Jordan. âI thought this was a conference to exchange ideas to help all of us.'
âWhich it is,' Beckwith hurried in. âYou got any other specific thoughts or ideas?'
âNothing specific,' said Jordan. There might even be a benefit from upsetting Reid; assessed from the preceding hour the lawyer certainly needed to try harder than he appeared to have done so far.
âWe've started to get the media approaches,' disclosed Reid, anxious to move on. âI've had calls from the
News and Observer
and from NBC 17.'
âThey've tried to reach me, too, at the house in Raleigh,' said Alyce. âI haven't returned the calls, obviously.'
âI told them it was a closed matter,' continued Reid. âNothing's appeared so far. The uncertainty is what Appleton's side will say publicly. I've told Bartle I'm going to file for a closed court. Confirmed it in writing, too, in the hope that will restrict whatever Appleton's people might say. If they make a statement ahead of my application, knowing that I'm going to make it, Pullinger might consider it contempt, which would be in our favour.'
âYou spoke to Bartle by phone first?' asked Beckwith.
âYes,' nodded Reid.
âDidn't he give any indication if they'd oppose it?'
âHe said he hadn't been called by the media but didn't know if Appleton had, that he hadn't heard from him. And that they're having a meeting today, as we are. They've received notification of Pullinger's appointment, as we have.'
âHow'd he sound?' asked Jordan.
Reid humped his shoulders, frowning. âWe're on opposing sides. He didn't sound like anything. If you mean did we talk in any detail, we didn't. I made it sound like I was offering a favour, warning him about Pullinger's possible reaction.'
âWhich I might reinforce,' said Beckwith, contemplatively. âI haven't informed Bartle I'm filing for dismissal. Pullinger could consider it contempt if either Bartle or Appleton spoke in advance of that hearing, too â¦' He smiled around the room. âIn fact that's what I
will
do! Telephone him today and follow it up with a couriered letter he'll get before today ends.'
âHe's meeting Appleton today,' reminded Jordan, unnecessarily. âYou do it right now you give him the opportunity to warn Appleton off from saying anything.'
Now it was Beckwith who let the seconds build before saying, âThanks for the prompt, Harvey. We're all of us anxious to button down on publicity.
Right now
was exactly when I was going to break off to make the call: leave Alyce and you and Bob to maybe have some more coffee, talk among yourselves.'
Fuck you, thought Jordan, refusing the intended intimidation. âIt's good to hear we're all moving in the same direction, Daniel. I'll pass on more coffee, though.'
As Beckwith left the conference annex Alyce said to her lawyer, âHow long before we actually get to court? Get to the end of it all?'
âWe get to the end when we get to the end,' said Reid, clumsily. âI'm not going to agree an actual hearing date â I don't mind how many postponements I get because of Appleton's awkwardness â because every difficulty he creates is to our advantage with a judge like Pullinger. I let one thing go, because we're in too much of a hurry â' he was talking not to his client but directly to Jordan â âthrough impatience and the wish to get everything out of the way as quickly as possible, the more you're at risk, both of you, of coming out the guilty parties. And like you've already told me, Harvey, you're counting that risk in dollar signs.'
He had to allow the other man some recovery, Jordan decided. âTake as much time as is necessary to get it absolutely right.'
âThat's precisely what I'm going to do,' insisted Reid. âWhat Dan and I are going to do between us, get everything absolutely right.'
Reid had recovered enough, thought Jordan. To Alyce he said, âYou living permanently back in Raleigh now?'
âMostly. I might stay over a few days here, having come up for this. Check the apartment out. There's got to be a lot of mail.'
âI postponed going back to London because of today. I'll probably go back in a day or two. And I'm sorry about before, that day in Raleigh. I was out of order.'
Her obvious surprise matched that of her lawyer. Alyce said, âYou already apologized for Raleigh.'
âToday it's my idea to do so.'
Alyce smiled, uncertainly. âThank you.'
Daniel Beckwith returned noisily from his outer office, his jacket discarded elsewhere, yellow legal pad notes bunched in either hand. âBartle isn't seeing Appleton until later this afternoon, so the timing was perfect. He took the point of the call. Several points, in fact. Told me he'd obviously be at the dismissal application, anticipating that he'd be instructed to oppose it.'
âHe mention my call?' asked Reid.
âNot a word about it,' said Beckwith.
âWhat impression did you get?' asked Jordan, inferring that this latest legal exchange had been more productive than that with Reid.
âThat neither he â nor Appleton â had expected you to defend the action,' replied Beckwith, smiling. âI played it for him to come to me. Which he did. He seemed surprised that you were here in New York, that I wasn't representing you
in absentia
.'
So surveillance still hadn't been re-established, Jordan immediately deduced. âIs that good or bad?'
âGood, for us. Opens the door for me to challenge everything that's claimed against you as well as against Alyce, if my dismissal is rejected and the main hearing proceeds with Leanne Jefferies additionally brought into the action. We don't actually have an outright defence: you've both admitted the adultery. But it strengthens the point â provides the strong mitigation â that Bob hit on in Raleigh, that as far as you were both concerned Alyce's marriage to Appleton was over.'
Jordan hesitated, his mind on what he'd illegally read in Patrick O'Neill's report of the Watchdog agency's failure to find any evidence of Alyce having lovers in Manhattan or Long Island. âYou know who Appleton's enquiry agency is?'
âStill waiting to be told,' said Reid.
Jordan held out a calming hand towards the North Carolina lawyer. âWe're not in competition, remember? But whoever they are they must have been watching Alyce here, in America. And found nothing. Which they would have done, if there was anything
to
find, judging from the completeness of their observations in France. That's surely in Alyce's favour: part of the mitigation even?'
âI'm not sure it goes as far as the mitigation, but it's a point I thought we'd already touched on,' said Reid. âNothing's going to go unchallenged but there's a danger in the very word you used â completeness â in what they achieved in France. It'll be a narrow path to walk. But I'm obviously going to walk it â¦' The man paused, looking at the other lawyer. âI'm not sure whether it does more harm than good to your case.'
âNeither am I,' agreed Beckwith, philosophically. âBut the rules are the rules. Your primary responsibility is to your client, my primary responsibility is to mine. We both do what we have to do.'
That hadn't ended up as he'd intended, acknowledged Jordan. There was still more than enough time to improve upon it. He was encouraged at Appleton's lawyer being wrong-footed by him personally contesting the claims, if indeed Bartle had been wrong-footed; he only had Beckwith's impressions from one end of a telephone conversation.
The two lawyers had continued talking during Jordan's reflections, but to all practical purposes they were technically establishing between themselves â although always consulting Alyce and Jordan on their availability â the precedence of prehearing submissions and unfulfilled exchange demands to Bartle to be made individually between the two of them. Twice, when they weren't part of any discussion, Alyce smiled at Jordan, on the first occasion mouthing âthank you', which Jordan didn't understand.
It had gone six before they finally broke off, Jordan holding back for Alyce and Reid to leave the building separately and ahead of him. Still in the annex, Beckwith said, âI thought everything went very well.'
âI want everything to go better than very well,' said Jordan. âI want everything to go
completely
in our favour.'
âHe's an arrogant son of a bitch,' accused Reid. âSuddenly he's a trial lawyer!'
âI told you he was arrogant before you met,' reminded Beckwith. âThe points he made were valid, though.'
They were eating in a restaurant in Little Italy, a cavern filled with noise making it difficult for them to hear each other and impossible to be overheard by others.
âWe'd have got it covered,' insisted Reid.
âHe covered it first,' said Beckwith. âI prefer clients who think for themselves instead of expecting me to do everything for them.'
âYou really think Bartle was surprised at your third-party involvement?'
âI even thought at one stage he was going to suggest a pretrial consultation between us.'
âTo slim down the claims to an agreed settlement?' guessed Reid.
âThere's an argument for doing so. As you said at the meeting, the adultery is admitted.'
âDo you think Jordan would go for it?'
âHe's made the point a few times that gamblers don't gamble. If he got the possibility of millions pared down to a few thousand â but with the guilt legally established â it might appeal to him.' He gestured towards the other lawyer. âYou just dropped spaghetti sauce down your tie.'
Reid scrubbed at himself with his napkin. His head still bent he said, âThat would kind of divide us, wouldn't it?'
âAnd be a clever legal move for Bartle to make.'
âWhat are you going to do?'
âNothing. Wait for him to come to me. Like I told you, it's only my guess.'
âWhen are you going to file your dismissal submission?'
âTomorrow. Everything's ready.'
âSo we could get a submission date set as early as next week?'
âNot if Bartle hasn't complied with all the exchanges. And we're still waiting on Leanne Jefferies. I really can't see why he's holding back on Appleton's medical stuff.'
âUnless it proves Appleton was or is infected.'
âIf it does, Appleton's case is holed below the waterline,' insisted Beckwith. âIt can't be that simple.'
âThen why?' demanded Reid.
âI don't know,' admitted Beckwith. âWhen I file for dismissal I'm going to make the point that if I lose the submission I can't proceed to full hearing until I've received everything that's legally got to be exchanged.'
âDid you tell Bartle that?'
âIt was when I told him exactly that I thought he was going to offer negotiation.'
âMaybe you've put a fox into the hen coop?'
âRather me doing it to him than the reverse, his doing it to us.'
âYou going to mention it to Harvey?'
âNot unless I get the approach from Bartle. There's no point until I do.'