“The exhibit has already been admitted into evidence per my pretrial order,” Judge Brock said. “We have already gone over this several times.”
“For the record, Your Honor. These files were stolen. The clients haven’t waived the privilege. I understand that the state bar feels it can delve into confidential client files whenever it wants to. But my client and I, as practicing attorneys in the state of California, have to raise this objection again. And for the record we will appeal that pretrial ruling.”
Nolan, ready for this, spoke up. “The state bar has the right to discover the work-product of an attorney against whom disciplinary charges are pending when relevant to issues of the attorney’s breach of duty. I cite Code of Civil Procedure Section 2018 sub e and also Witkin, Cal Evidence third, Volume 2, Section 1145. This court has already issued a protective order limiting the testimony in some respects today. The evidence is relevant and crucial to showing that the defendant defrauded this insurance company.”
“You’ve said all that in the previous court conferences,” Jack said. “And I know there has been a ruling. Nevertheless, I can’t stand here and let this testimony come in without protesting. It’s a violation of the whole legal system that you are opening this confidential file in this hearing against the wishes of the client. It’s-”
“Your ongoing, undying objection is noted,” said Brock, making a small foray toward personality. “Now let’s move it.”
Jack’s face darkened. “This state bar court is requiring the violation of the Code of Professional Conduct required of attorneys and also the Business and Professions Code. Neither Ms. Reilly nor her client has attempted to waive the privilege of confidentiality.”
“Your objection is overruled.”
“This state bar court is without jurisdiction to flout the most sacred principles of the legal profession,” Jack said. “Any ruling based on this violation will be void.”
“Siddown, Counsel. Shout to the State Bar Journal after the case is over, not that you’ll get any attention from them. But don’t grandstand in my court. I won’t have it.”
Jack sat down.
“You didn’t have a chance, but thanks for trying,” Nina whispered.
“I did it for myself, too. I took the same oath when I was admitted.”
“What was in the file, Ms. Rose? You may answer,” Nolan asked, picking up the questioning without hesitation.
“A form that was headed Client Intake Interview.”
“Now, showing you Exhibit 18, a three-page document previously introduced into evidence after objection and argument. Is this the form?”
Marilyn took the sheets gingerly. She flipped to the last sheet and nodded her head. “This is it.”
Nolan took Marilyn through the next minutes after receipt of the envelope: She had read Nina’s intake notes several times, spoken with her superiors, then returned to her office and called Nina. As Marilyn described the telephone confrontation and Nina’s denials, Nina vividly recalled the unnerving call that had sent her home to bury her head under the covers.
“And what exactly about this document caused you to call Ms. Reilly?”
“The last sentence on the third page.”
“Read that sentence to us, please.”
“It says, ‘Client breaks down, says he set fire himself!’ There’s an exclamation point. Then it goes on, kind of scribbled, ‘Advised him don’t say any more, don’t want to hear this.’ ”
Judge Brock followed along on his copy. Nina read hers. Still it tore at her. She hadn’t written those words. Kao had not confessed. There was no evidence Kao had set fire to his own store, except for this damning, damnable forgery. For six months they had been trying to figure out who would go this far, and they simply couldn’t figure it out.
Only now, in this airtight room, did she see in great detail the hundred holes in her defense, the big, unresolved questions. On the other hand, every case she ever defended arrived in court too soon. There were always unanswered questions. That kept things alive and ever hopeful. She still had hope, as her clients must, watching the red digital clock change, minute by minute, that the tides would turn again. She would prevail against all odds. Jack would work a miracle or Paul would. The judge would somehow forgive her for that one moment of carelessness weighed against a lifetime of diligence and duty.
“And Ms. Reilly said that within two days of picking up the check she personally delivered it to her clients?”
“Yes.”
“In your experience, is that the usual turnaround time for clients to receive their settlements from law offices?”
“I’ve been doing this work for thirty years and I don’t remember ever seeing a check go into a trust account and out to a client that fast.”
“And have you ever received any explanation as to why this check was turned over so fast?”
“Just what I said. She claimed there was some mysterious danger to them.”
“Now, then. What did you do after speaking to Ms. Reilly about this file you received?”
“I went straight to my boss and told him the whole story. I was distraught. He had me write up a quick summary, and I packaged it with the claim file and a copy of the check. It was turned over to our legal counsel. A month later, I took my early retirement and left the company. I had gotten sloppy over the years. I had let her talk me into paying out too much money, even aside from the file. You get old and you lose your edge. You get lazy. I was finished. Then I-I lost my husband. It was time to go home to Kansas City.”
“Did this matter have any impact on you personally?”
Marilyn blinked back tears. “It made my husband’s last months-hard.”
“I have nothing further,” Nolan told the judge.
Jack cross-examined. The answers were more of the same. Marilyn’s mood did not improve and neither did her testimony’s impact on their case. He kept the cross short. When Jack finished, the red numbers showed in five-inch-tall characters five minutes past twelve.
“We’ll recess until one-thirty,” the judge said. “We have the writing examiner ready, is that correct?”
“He’ll be here,” Nolan said.
“Court is adjourned.”
They all trooped out. Nina headed for the bathroom. As she washed her hands, Marilyn came out of one of the stalls.
“I’m very sorry you had to go through this, Marilyn,” Nina said. “But I didn’t lie to you. Somebody forged that document.”
“Don’t even try,” Marilyn said.
“Someday I hope you’ll-”
“I have a flight to catch. Pardon me if I don’t wish you luck.” She brushed coldly past.
24
N INA WAS SWORN and took the stand. She and Jack had hashed this out and the pretrial struggles with Gayle Nolan had been fierce, but they had won many concessions: The scope of her testimony would be limited solely to the Vang case and notes.
From the witness box Jack looked far away, and she felt the Promethean presence of Judge Brock just to her right. Lines of tension pulled all around her. The judge seemed troubled to have a member of the bar seated in the box, though he must be used to it; she turned her head slightly to acknowledge him, but he looked away, shunning her.
Marilyn had wounded her. She wanted to protest, to defend herself, but the witness box was like a cage. She understood finally why even the most obstreperous witness answered respectfully and fell into the formality of the court ritual. She felt chastened already, and the questioning hadn’t even begun.
Nolan said from her table, “Ms. Reilly, you are a member of the State Bar of California and the defendant in this action?”
“Yes.”
“On or about August eighth, you were practicing law in your office in South Lake Tahoe, California?”
“Yes.”
“Did you meet with a person named Kao Vang for the first time on that day?”
Jack sat upright in his chair, waiting for Nolan to make a false move, but with the rules of evidence as loose as they were, he would not be able to do much.
“Yes.”
“In what regard?”
“To discuss whether I would represent him in an insurance matter.”
“A claim against Heritage Insurance?”
“Yes.”
“And did you agree to that representation?”
“Yes.” She watched Jack. He nodded encouragingly. They had agreed that she would go that far.
“What did you agree to do for Mr. Vang?”
“I would respectfully like to state that I am only answering this entire line of questions because I have been ordered to do so by this court after making written objection through my attorney. Otherwise I would not answer these questions.”
Nolan smiled at that. Tapping her chin, she said, “Well, I don’t know why not, since at least thirty or forty people have seen the contents of the file by now, but let’s go ahead. You submitted a claim for Mr. Vang based on an alleged arson that destroyed his business, am I correct?”
“Yes.” The business was co-owned by Mrs. Vang, Nina wanted to say, but she and Jack had decided that she would volunteer nothing.
Nolan got up and went around to the front of her table, placing her at front and center. She folded her arms. “And during the course of that first meeting with Mr. Vang, was anyone else present?”
“Just Mr. and Mrs. Vang and their translator, Dr. Mai.”
“Did you or anyone tape record that initial conversation or videotape any part of it?”
“No.”
“Did you take any handwritten notes?”
“Yes.”
“Is this your usual procedure when first meeting with a client?”
“Yes. I have a form called Client Intake Interview. I fill in basic information about the client. Then I take notes of the discussion.”
“As the conversation is taking place?”
“Yes, although I might add something after the meeting is over that I want to remember.”
“And what is the purpose of this note-taking?”
“Well, to remind me of the information.”
