"Do you need to call Tucker?" Barba asks after taking a look at his watch and seeing the hour.
"No. Why?" There is an annoyance her the words that hadn't been there previously.
"I figured he might want to know what's going on and you'll be la…"
"Look I don't need to report my whereabouts to anyone! But especially not him…"
"Ok…sorry I brought it up. Do you really think that Drake will be ready to testify tomorrow? Almost the whole case rests on that. I don't want to risk it unless he's a thousand percent sure. Which I'm not.' He waits for Olivia to response. Instead he finds a far off look on her face and pretty apparent she hadn't heard a word he said. 'Liv?"
"We broke up. Or rather I ended things with him. Last week. I haven't told anyone, well besides you."
"Oh. I'm sorry." She nods giving a weak smile.
"It's okay. It was foolish of me to think things would work out. I mean look at our history! Not just that but…' She pauses trying to think of how to explain the situation. 'It's clear he's changed and is a better person but it almost seemed like dating me and being a fake little family with Noah was part of a check list. Like he simply wanted to see if he could do it and not what he really wanted. I don't need someone going through the motions. Neither does Noah. So I ended it."
"Understandable. You deserve to be with someone who will appreciate you fully. But more than that you deserve to be happy. If I'm honest it's been pretty clear you haven't been the last few weeks." Olivia shrugs before turning back to the file reading over it though she had the thing memorized by this point.
"If Drake doesn't take the stand or I feel he'll crumble under cross examination I guess you'll have to rely on the shop owner." Barba this time sighs.
"I'm really not liking any of those choices."
"Yeah neither am I. Look as you pointed out its late wanna get some dinner?" He snaps his head up giving her a complex look.
"I know you haven't eaten anything. I had a reservation for myself and Tucker, before you know, I never bothered to cancel it. Lucy can watch Noah all night. So why not?"
"It's not appropriate for us to be seen together. Not with the trial starting tomorrow."
"Fine. I'll go by myself. Look Rafael I invited you to dinner because I enjoy your company. I've had several shitty weeks and you'll be glad only a handful of those frustrations were caused by you."
"That's surprising." He mutters.
"And the press anyone else can screw themselves if they don't like the fact two adults are eating dinner at nine o'clock.' Olivia takes a deep breath while standing up. 'Please? It would be nice to have attention and conversation from a man who truly respect me. I could really use it." Barba nods while raising from his chair himself.
"Fine. But I'm paying."
"Keep telling yourself that."
"If we're going out for a date than I will be paying." Olivia hides a smile on the word date. She hadn't considered this to be a date. Just a little night dinner at a four star restaurant. But the word sounded nice.
"It's 2016. I can pay for myself and hell for you too!" She snaps back as Barba pretends he hadn't seen that flash of her upturned lips as he stopped his from doing the same.
"Can I at least drive?" She rolls her eyes holding in a laugh.
"Fine. If you insist."