a/n: I don't own Fairly Legal. I do claim any and all mistakes within the coming chapters. This takes place a few weeks after Finale, and assumes that Borderline, Force Majeure and Finale occurred within a week or so of each other. I was in a mood when I started this and had not planned to do anything with it. Then I decided that a little darker FL would make for a good writing challenge. So please excuse the up-coming sailor-speak ('cause nothing beats down a bad mood like good ol' cussing), give 'er a read and let me know what you think : ) Warning – excessive exclamation abuse ahead – it's going to be a bumpy ride…
a/n2: Thank you to everyone who favorited "A Little Strategy". To date, it is the most favorited of my stories. Thank you! Thank you! Thank you! Warm fuzzies!
What A Lovely Way to Burn
Chapter One
"Harassment by arson," Ben explained. He grabbed a small stack of papers from the glass coffee table and handed them to Justin. "The original defense tried to prove that the fires were caused by a handful of unhappy tenants, all of whom had records for varying degrees of theft and assault. Consistent trouble-makers." As Justin read, Ben shifted his eyes to the other side of the paper-laden table. Kate sat in the black leather chair, leaning slightly to her right with her legs crossed at the knees. The chair's armrest supported her right elbow as she absently played with the rings on her fingers. He followed her gaze to a point on the floor, noting nothing exceptional to keep her attention so finely focused. "The jurors felt the defense's use of the tenants' extra-curricular activities was enough to create reasonable doubt of Mr. Jefferson's guilt."
"It doesn't look like the prosecution had much to work with," Justin commented.
"No. The evidence the arson unit produced was circumstantial at best." Ben turned back to Justin. "Matt did what he could with it but in the end, the jury came back with a verdict of 'not guilty'. The deliberation lasted thirty-seven minutes."
"It says here that the insurance company paid out."
"He wasn't guilty," Ben shrugged. "Without proof of Mr. Jefferson's involvement, the insurance company had no basis to deny his claim."
"Five buildings," Justin said, shaking his head. "And now we have two more with evidence just as weak." He pulled his phone from his pocket, silently reading the incoming text. "Opening arguments are Thursday at ten. Damn it," he sighed. "Judge Mason pulled our ticket."
"Shit," Ben stated.
"Yeah."
"Good thing we'll have Kate at the table with us. You know how Judge Mason is with the ladies," Ben joked. Justin offered an amused smile as the two looked towards Kate. She slowly twisted the ring around her middle finger, oblivious to the conversation.
"Maybe we can train her to stare at the judge instead of the floor," he suggested.
"We have today and tomorrow to try," Ben said. "Hopefully this information helps. I'll see what else I can dig up for you." Justin nodded and stood.
"I have to go. I have a meeting with Davidson." He pulled his coat from the back of the couch and slipped it over his shoulders.
"How much longer until he's out of office?" Ben asked, pushing himself off the couch.
"Two months." Justin smiled. "Too long." He shook Ben's hand. "Thanks for the assist." Rounding the table, he gently placed his hand on Kate's shoulder, softly shaking her from her reverie. "Dinner tonight?" As she stood and smoothed the front of her skirt, he watched her eyes timidly flick to Ben then back to him.
"Uh, I-I can't tonight."
"Okay," he smiled lightly. "Another day then." He stepped to her side, bending slightly to place a quick kiss on her cheek.
"Kate!" Leo called from his desk. "Phone for you!"
"Coming!" she yelled back. She offered Justin a small smile. "Bye," she muttered, making a hasty exit.
"Seriously? That's how you kiss the woman you love good-bye?" Ben laughed and took a seat behind his desk. "No wonder she divorced you."
"I'm sorry? Explain to me how my kissing Kate is any of your business."
"I'm just saying," Ben shrugged. "If I had an incredibly good-looking woman like Kate at my side, I'd be kissing her appropriately."
"Really?" Justin scoffed.
"Really."
"Interesting. You've…kissed Kate," he said, motioning towards Ben. "What does it say for you that it only happened once?"
"All right, that's enough." Kate skipped back into the office and grabbed Justin's arm. "I'm sure you have work to do back at the courthouse. And this is definitely not a conversation the two of you need to be having." She ushered Justin out of the office and closed the door. She turned to Ben, giving him a stern look.
"What?" he asked innocently.
"Is that really necessary?"
"Is what really necessary?" Kate rolled her eyes.
"Never mind." She sat heavily in the chair in front of the desk.
"So were you listening to what we discussed? Or were you too far into La-La Land to care?"
"I listened to most of it," she lied. Ben raised his eyebrows.
"Which parts?"
"It's not like the two of you really need me for this."
"On the contrary, Katie. You are going to be the most important person at that table." He smiled. "Judge Mason is hearing the case."
"Oh, ha, ha. And you need my assets, right?"
"It wouldn't be the first time you…used your assets to get the upper hand in a case." He leaned back in his chair, folding his hands over his stomach. "Your little inattentional blindness demonstration was quite…asset-y."
"I wasn't trying to get the upper hand in that case. I was trying to prove you wrong. Which," she smiled, "I did." He waved a dismissive hand.
"Yes, yes, you pulled one over on me, you clever minx." He frowned and titled his head to the left. "Should I find it funny that, when all was said and done, your presentation actually had no relevance to the case?"
"Oh, shut up," Kate snapped, moving to the couch. She pulled a few papers from the table, sinking back into the cushions as she read.
"Anything I need to clarify for you since you slept through class?" Ben asked, sitting beside her.
"Nope."
"We're going to hand the defense their asses with this case, Katie. It will certainly make Justin look great heading into the DA position."
"Sure will." He watched her for a moment as she shifted against the cushions, seeking a more comfortable position. When she crossed her legs, his eyes moved to the mid-thigh hem of her dark grey dress. His focus wandered slowly along the length of bare skin presented and settled on the silver, small-linked bracelet that rested around her right ankle.
"Is this…uncomfortable for you?" he asked. She frowned and looked at him.
"Your couch?" He regarded her with playfully narrowed eyes.
"I like nice things, Katie. Don't you dare tell me this ten thousand dollar couch is uncomfortable," he scolded jokingly. "I meant this whole thing with me and Justin." He crossed his index and middle fingers. "Working together like we're best buds."
"No," she answered quickly, setting the papers in her lap and looking away. "It's not."
"No?"
"No." He smirked, amused that her eyes continued to roam the floor and avoid him. He knew she was lying; that it was incredibly uncomfortable being in the same room with the two of them. She shut down, unable to talk to or look at either man. Ben pushed her uneasiness aside and pressed on.
"Justin knows I kissed you," he stated. Kate's eyes stilled, drilling an angry hole into the floor.
"Does he?"
"He does."
"Hmm." After a few moments of awkward silence, she turned to Ben and sighed at his expectant look. "We had a-a fight a couple of weeks ago and it just…it just came out." She stood, papers clutched tightly in her hand. "Happy now?" He stood, taking a step towards her.
"I am rather tickled that you talk about it," he smiled smugly.
"I didn't talk about it. I just…mentioned it."
"Well, how sweet that it was worth mentioning." He dropped his smile and a filed a scathing edge to his voice. "Did you mention it just to spite Justin?"
"I'm going back to my office now," she said, moving towards the door.
"So we're still on for dinner tonight?"
"Whatever." She opened the door.
"Bye, Katie," he called sweetly. Ben let a satisfied spread across his face as Kate growled and slammed the door.
! #$%
"So, why are we here again?" Justin asked as he followed Davidson into the restaurant.
"Can't a boss take his favorite ADA out for a drink?" he asked, leading Justin across the room to the bar. He sat on one of the high-backed, leather padded stools at the far end of the bar and patted the stool to his right.
"Yeah," Justin scoffed, taking a seat. "I suppose."
"We have so little time before you take over the office. We should spend that time discussing your new job."
"You mean you giving me pointers."
"I'm flattered that you see it that way," he smiled.
"Okay," Justin said slowly. They ordered their drinks and sat quietly for a few minutes.
"Are you ready for opening arguments Thursday?" Davidson asked.
"I'm waiting for a few things from the police department, but, yeah, I'm ready." He lifted the glass tumbler to his lips, taking a slow drink of Scotch. "I'm bringing Ben Grogan on board. He has connections to the prosecuting lawyer from the first trial."
"Harper?"
"They went to USF together," he nodded. "Harper is tied up with a trial right now, so he sent Grogan all of his files on Mr. Jefferson."
"Smart move," Davidson nodded. A reflection of light slid across the wall behind the bar, directing his attention to the restaurant's doors. "Well, well. Speak of the devil and he shall appear." He motioned, glass in hand, towards the door. Justin turned to his right, watching as the hostess escorted Ben and Kate to an L-shaped booth. "Something going on there?"
"Not if I can help it," Justin mumbled. He rested both elbows on the bar top and took another drink.
"Jealous?"
"There's nothing to be jealous about," Justin replied evenly.
"Hmm. You're not worried that your wife…" He held up a hand in apology. "I'm sorry; your ex-wife is having dinner with another man?"
"They work together, Aaron. It's not unheard of for co-workers to dine together." He lifted his glass, uncurling a finger to point at Davidson. "Or have drinks."
"Yes," Davidson laughed. He twirled the last quarter of scotch around the bottom of his glass. "Rumor has it that Kate moved in next to Mr. Grogan."
"That is the rumor," Justin affirmed.
"Is that really what it is? A rumor?"
"Kate moved into one of the apartments we looked at when we decided to move in together." He turned to Davidson. "It is just a coincidence that Grogan lives next door."
"Are you sure about that?" Davidson laughed lightly when he did not verbally respond; simply turning his eyes back to his ex-wife and her partner. "Don't worry, Justin," he said, putting a friendly arm around Justin's shoulders. "If Mr. Grogan is anything like his reputation implies, it won't take long for Kate to come around." Justin raised his glass once more, finishing the light brown liquid as the mockery in Davidson's inflection settled around them.
! #$%
"I would very much like to get drunk tonight," Kate stated as she read over the menu. "Really, really drunk."
"Well, as much as I would like to help you with that, Katie, we do have to work in the morning."
"Ugh," she said, making a face. "Seriously, would Lauren even notice we weren't there?"
"I know Lauren's been busy with Robin Archer and his conquering of the world, but we are two-thirds of the partners at Reed and Reed. I'm pretty sure that would not go unobserved." Kate scowled.
"It's not fair," she said matter-of-factly. "I could be having a good time tonight."
"You're not having a good time having dinner with yours truly?"
"You are a little easier to take after I've had a few glasses of alcohol." Ben smirked.
"After a few glasses of alcohol, I'm sure you are a little easier to take."
"Very mature, Benedict."
"Am I wrong?" She glared at him for a long moment.
"No," she answered quietly.
"And I'll keep that in mind." Kate rolled her eyes and returned to the menu.
"Shouldn't you be deciding on dinner instead of taking notes on how to get me into bed?"
"I come here often enough; I know what I'm going to order." He leaned forward slightly. "Which leaves me plenty of time to take notes," he whispered loudly. She shifted the menu, blocking Ben from view. He smiled and leaned back into the booth, eyes wandering around the near-empty restaurant. Tuesday nights were always quiet, never more than a quarter of the tables filled with patrons. The service was quick and pleasant, the food excellent and the ambience of dimmed lighting relaxing. The restaurant had not been his original dining destination, but, given his daylong pestering of Kate, he figured he owed her a peaceful evening.
Ben frowned slightly as he glanced to the other side of the room, spotting Justin and Davidson sitting at the bar. He recalled Justin's earlier comment about kissing Kate. Ben had not needed her to explain how Justin found out about their kiss. He had been walking past her apartment door the night of the argument.
"We can't keep having this conversation. Justin, I moved out-"
"Yeah, and in with Grogan," Justin interrupted.
"I did not move in with Ben."
"Semantics, Kate. You moved into the fucking apartment next door to his. How long did you know him before you slept with him?"
"I didn't sleep with Ben!"
"What about your trip to Lake Tahoe? Anything happen there that I should know about?"
"Justin…"
"You were so willing to let him use you for the Chernof case. What else were you willing to let him use?"
"I didn't sleep with Ben!" she screamed again. "Justin, knock it off! We are divorced," she said, angrily punctuating each word. "We have been for almost a year. And what I decide to do or not do with Ben is none of your goddamned business! Why do you even care, huh? What if I want Ben to use me? You fucking gave me permission to be used by whomever I want!"
"That was before we decided to work things out. And what you just said sounds like admittance to me, Kate."
"Admittance," she scoffed.
"Don't think that I don't see the way he looks at you. Or the way you look at him." Justin sighed. "I want to know why you lied to me."
"Lied to you?"
"Yeah. You said you weren't running towards another man. Yet, here you are, oh so chummy with your fucking neighbor."
"I already told you that I didn't know he lived next door."
"Don't give me that crap. Why don't you just tell me the truth, Kate? I know something's going on with the two of you."
"You know what? Fine! You want to know what happened; I'll tell you. I kissed him. That's right. I kissed Ben Grogan. Once. We were not together at the time. You and I were nothing. Just two people who divorced because you slept with another woman while we were fucking married!"
"I'm not here to talk about what I did. We both know that part of the story. It's your turn to share."
"Get out."
"No. I want a goddamned answer, Kate!"
"Get out! I will not apologize for something I did not do!"
"How do I decide what to order?" Kate asked, pulling Ben from thoughts. "Everything sounds so good." He slid along the vinyl covering of the booth, settling in the corner and taking the menu from her hands. She obliged when he motioned her closer.
"How hungry are you?" he asked, resting his right arm over the back of the booth behind her.
"Starving," she answered with a laugh, leaning a shoulder into him.
"Then how about this?" He pointed to a selection from the right page of the menu, closing a bit of the space between their bodies. As Kate followed his direction, Ben looked towards Justin, resisting the urge to smile at the clearly unamused look on the ADA's face.