Chapter 34 – Discipline

We received news of the indictment on a Tuesday, two weeks after the mock trial disaster. It didn't take the Grand Jury long, less than a week, to decide that we had enough evidence to successfully take the case to trial. Eleazar immediately filed the motion to move James from the facility in Arizona to the jail in Port Angeles. The judge had other ideas. He granted the extradition but instead of housing him in the jail, where he belongs, the judge ordered that James be moved into a psychiatric facility in Seattle. Not good for our case, but at least now we know the angle that the defense is going to use... insanity. He isn't to blame for his behavior because he's crazy. He's not crazy, he's a sadistic monster who thinks that just because he's rich and handsome he can take whatever he wants whenever he wants it. That's not insanity; it's a sick sense of self-entitlement.

When Eleazar called to tell me, I didn't handle it well. To say that I had a fit is an understatement. I had to buy a new coffee table and two new barstools. On the bright side, I didn't take a drink and the mirrors survived.

After I cleaned up my mess, I texted Bella and asked if I could stop by her apartment when she got off work. I met her there and broke the news to her. She took it considerably better than I did. She was disappointed that he wasn't in jail, but she was happy about the indictment nonetheless. She's hopeful that he will take a plea bargain now and not go to trial. She says that she would be satisfied if he had to spend several years in a mental institution, at least he wouldn't be free to hurt other women.

Bella has changed her mind about taking this to trial. She has now joined "team plea bargain." Our second attempt at "mock trial" was better than the first but it was still not a pleasant experience. I wrote the questions for Emmett to ask and he did an excellent job, but I could tell that he was pulling punches. I've been Emmett's co-counsel in the past; he can go dark when he needs to. He didn't go there with Bella. I think he did it for me as much as he did it for her. But still, he did enough for Bella to be truly afraid of what might happen.

I called Emmett after I'd texted Bella and told him of the transfer to the psychiatric ward in Seattle. He immediately started to strategize for another mock trial. I again reiterated that I was hoping for a plea bargain, but he insisted that we count on it going to trial now. He's of the opinion that the defense will see this move by the judge as a way to get an acquittal. I hate to agree with him, but he's probably right. For the first time in months, I keep something from Bella. I don't tell her about this very real possibility. I decide to take the "wait and see" approach. She is stressed enough worrying about my disciplinary hearing. I don't want to add anything else until we know for sure.

So, here I am, on a Wednesday morning a week after getting news of the indictment, preparing to face the firing squad. I have an eleven o'clock appointment with the Washington State Bar Association Office of Disciplinary Counsel. I received the letter a month ago and have been dreading this day. Evidently, the Disciplinary Counsel decided that my indiscretion was worthy of investigation by the Review Committee. The Review Committee deemed it serious enough to order a public hearing before the Hearing Officers. It's not a good sign. I will have to go before the panel to defend myself with the Disciplinary Counsel acting as prosecutor. I'm not thrilled by the concept.

Bella is going with me; she insisted. She's helping me get ready now. Alice came over last night and decided that I would be wearing my grey suit with the white pinstripes, a white dress shirt, and my blue silk tie. I argued for the red, but she insisted that I didn't need a "power tie" in this situation. I'm trying to learn to not argue with Alice; Jasper is right that it really does no good.

I'm staring at myself in the bathroom mirror when I feel Bella's hand on my shoulder. I turn and half smile down at her. She reaches up to straighten my tie. We look into each other's eyes and speak without saying a word. We've started being able to do that a lot lately. She's concerned, but hopeful that today will turn out well. I'm nervous, but at peace and happy, in a way, to finally have this over with... no matter the outcome.

"Well... you look good," she says. "You look very professional... very competent."

"They aren't worried about my competency, they're more concerned with my lack of discretion and the possibility that I may do it again," I tell her as I turn back to the mirror and start trying to tame my hair. "It's a lost cause," I say as I throw up my hands. "I hate my hair."

"It looks fine," Bella reassures me. "You have the sexy, bed head thing going. If there are women on the committee it may work to your advantage." She reaches up to move an errant strand into some semblance of a formation. She steps back and does a spin. She trips half way around and has to use the wall to catch herself. She blushes and says, "How do I look?"

"You look beautiful, as always. I love how Alice has us matching," I say as I point to my tie and then to Bella's dress. They're almost the same shade of blue. I look at my watch. "We should go. Carlisle and Rosalie are meeting us there."

Bella takes my hand. "It's going to be okay. We'll be okay, no matter the outcome, right?"

"I know," I tell her. I force myself to smile. "I'm just nervous." She stretches up to kiss me before we walk out the door of the bedroom and go downstairs. I help Bella into her coat and put on my overcoat before we head outside to the car. I open her door and help her in. I get in the car and start the long, torturous drive downtown to the Bar Association offices.

Carlisle and Rosalie aren't the only ones waiting for us as we walk hand-in-hand toward the Bar Association building. Cynthia and Emmett have also joined the party. "What are you guys doing here?" I ask as we reach the group.

"Moral support," Cynthia says. "We figure that if the Disciplinary Counsel sees how many people you have in your corner, then he won't be so hard on you. Also, it's a public hearing and I just might have something to say."

"Thank you," I tell her, "but it's not necessary. I'm just going to throw myself at their mercy and tell them that I will accept whatever punishment they deem fit."

"I'm glad you've decided to share that strategy with the rest of the group," Rosalie says, snarkily. "It would have saved Mr. Cullen and me a few phone calls. We're on the list to speak on your behalf, Ed."

"Thanks," I say and smile at Rosalie. She looks shocked but slowly smiles back.

Carlisle pats me on the shoulder and says, "I told you that I'd do everything I could. I've been talking to some of my friends that volunteer on the panel. I've been pulling all of the strings I know; as has Ms Hale. Today is going to work out."

"The Cavanaughs are very powerful," I remind them. "I'm sure they have connections too. I'm prepared for it to go either way. I appreciate all of your help, but I'm ready to find another profession, if necessary."

"Let's get inside before we're late," Bella says as she pulls me toward the doors of the building. I pause and swallow back the excess saliva that has pooled in my mouth. Today will decide my career future. Will I continue to be a lawyer or will I have to find something else to occupy my time? I finally open the door and go inside. We ride the elevator to the third floor. When the door opens, we're almost face-to-face with Connor Cavanaugh and his associates. His eyes narrow when he sees us. Bella takes a step back. I turn to look at her. She has the strangest expression on her face.

"What is it?" I whisper to her.

"It's... nothing. I'll tell you later," she stammers. I can tell that something has her rattled.

We turn and walk down the hall to the committee room. I pull Bella farther down the hall and step into the restroom alcove. "Tell me now," I demand.

"That man... the older blond man... he's been in the café... a lot. He's been coming in several times a week for the last couple of weeks. He always stares at me. I thought he may have a crush or something. Who is he? Do you know him?" she says with panic in her eyes.

I lean back out of the alcove and see Connor and his crew enter the hearing room. "The one in the navy blue suit?" I ask. Bella nods and a single tear rolls down her cheek. "That's Connor Cavanaugh; James' father. I shouldn't have brought you here. This was a mistake. I'm going to have Cynthia take you back to the townhouse. We can talk about what we're going to do about this when I get home."

"No, Edward, it's too late. He's already seen me. Let's just go in and get this over with, okay? We can talk about the rest later. You're going to be late," she says as she wipes her eyes. She takes my hand and I lead her back down the hallway.

I stop outside the committee room and take both of her hands. "Are you going to be okay sitting in the back with Cynthia and Emmett?" She nods and takes a deep breath. "Are you sure? Cynt won't mind taking you home."

"I'm sure," she answers.

"Okay," I say and push open the door. I walk with Bella over to where Cynt and Emmett are seated.

Cynthia takes one look at our faces and says, "Everything okay?"

"Not really," I answer her. "We may have a little issue. Bella can fill you in. I have to get to the front." I lean down and kiss Bella's hand. "I love you." I turn to Emmett and Cynthia. "Take care of her." I walk to the front of the room and take my seat at the table. Carlisle and Rosalie are sitting directly behind me.

Carlisle leans forward and asks, "Is there a problem?"

"Maybe," I reply. "I don't know yet. We can talk about it after this." A door at the front of the room opens and ten lawyers walk into the room. They sit at the bench. Here we go!

"This hearing of the Disciplinary Review Board will now come to order," an attractive, black-haired woman says from the bench. "The matter before us today stems from a complaint filed against Edward A. Masen, Jr. The complaint alleges a breach of the attorney-client privilege. Is this correct?"

"Yes, Ms Hadley," replies the Chief Disciplinary Counsel. "We received the complaint several months ago from Mr. Connor Cavanaugh alleging that Mr. Masen had supplied privileged information about a case in which his son was acquitted to the District Attorney's office in Seattle. After investigating the allegations, my office and I believed that there was enough evidence of the ethical violation to refer it to the Review Committee."

"We too have reviewed the complaint and the corresponding evidence and believe that a hearing is appropriate," Ms Hadley continues. "My office, as well as the office of several of my fellow committee members, received phone calls in the last weeks inquiring as to the possibility of speaking on Mr. Masen's behalf. We have decided to allow this." She looks up and smiles at Carlisle. "Mr. Cullen, are you ready?"

"Yes, ma'am," Carlisle says as he stands and walks to a podium in front of the bench. "Good morning. I'm Carlisle Cullen," he begins. "I'm here today to speak on behalf of Edward Anthony Masen, Jr. I had the pleasure of working with Mr. Masen for eight years. In that time, he proved himself to be a man of integrity and principle. I know that we are here today because those attributes are in question. It is my hope that I will be able to make the gentlemen and ladies of the committee see that Mr. Masen's indiscretion does not warrant disbarment.

"It is truly amazing that Mr. Masen has managed to maintain his humanity in a profession that oftentimes requires that we kill any conscience or moral compass with which we are born. Mr. Masen has managed to not turn to stone. He has a heart that feels and a conscience that tells him when something is wrong. It is his heart and his conscience that led him to make the choices that has ultimately brought him here today.

"I know that all of the committee members are aware of the events that transpired in Mr. Masen's office over two years ago; of the victim of one of Mr. Masen's clients who took her life. Mr. Masen has slowly fought his way back from that horrible event almost singlehandedly.

"In the process of that fight, he discovered that his actions had a domino effect. In doing his job, he caused other women to suffer at the hands of a man that he helped to set free. He received some disturbing information that, coupled with information he had received from his client, proved that he had aided in the release of a serial rapist.

"I ask the committee, what would you have done? Would you have suppressed that information or would you have done what Mr. Masen did? Would you have violated one of the principal tenants of our profession to save countless others the travesty of rape or would you have tried to forget what you knew – bury it deep inside yourself and continue to live your life?

"Yes, Mr. Masen violated the attorney-client privilege; he is not going to dispute that today. I know that Mr. Masen is fully prepared to tell this committee that he did in fact do exactly what he is accused of doing. He is prepared to accept whatever punishment the committee deems appropriate. He doesn't plan to defend himself or ask the committee to be lenient. He has tried to talk me out of speaking to you today, but I couldn't let this committee make a decision without all of the information.

"So, yes, Mr. Masen violated privilege. Yes, he should be punished, but I ask you to look inside your own souls before you make your decision. Chisel away the stone that is around your heart and ask yourself what you would have done. Would you have been able to suppress the information... especially if someone that you love was a victim of your former client? Be honest with yourself when you answer. Thank you." He nods briefly to Ms Hadley and then turns and takes his seat.

"Thank you, Carlisle. A moving oration, as always." Ms. Hadley glances down at the file on the bench before her. "Also, Ms. Rosalie Hale wishes to say a few words. Ms Hale, are you here today?"

"Yes, ma'am," Rosalie says, rising and walking to the podium. "Hello, I'm Rosalie Hale. I'm an assistant district attorney in the Seattle office. I have had the displeasure of going up against Edward Masen in the courtroom; he is a brilliant and gifted attorney who is near impossible to defeat. His mind is sharp beyond belief. He can take the most insignificant details of a case and weave a truly astounding defense from them. I have never seen the likes of him before nor have I seen any other defense attorney since encountering him in the courtroom over two years ago that could hold a candle to his abilities and intellect. I say that it was a 'displeasure' to battle him in the courtroom because it is the only case that I have ever lost. But, in the last several months I have had the pleasure of getting to know Edward Masen, the man. I find that the aggressive bulldog I met in the courtroom is a kind, generous, loving man. Not only do I respect him as a brilliant attorney, but I can honestly say that I respect him as a man as well. I also find myself actually liking him.

"He's a man of deep principle and conviction. He cannot and will not tolerate a wrong. He aided in a misdirection of justice. He defended a truly heinous individual and was able to get the despicable man released back into society. Since that acquittal, circumstances in Edward's life led him to the information that proved he had committed a grievous wrong against not only a person that means a great deal to him, but also to numerous others. His attempt to right this wrong is what has brought him here today. As a survivor of rape, I personally find this to be conduct that should be rewarded, not punished.

"Yes, I am a rape survivor. But even if I were not, even if this weren't something that was close to my heart, I would still be here today to speak on Edward's behalf. I would be here because I know Edward and I know that he is meant for great things. I know that he is a changed man. The path that he was on was leading him directly to hell. He has chosen another path; one that saves his soul. The first step on that path was breaking privilege and giving me that file.

"That's right; he gave the file to me. The information in the file has been used to expose corruption in the Port Angeles District Attorney's office. It has been used to secure an indictment against a serial rapist. Unfortunately, it has also brought us here to this disciplinary hearing today.

"The file has been used in the way that Edward intended; it was used to bring justice. It would be an injustice to strip Edward of his license to practice law. The legal community needs more people like Edward Masen; it needs Edward Masen. I know... Edward knows... everyone in this room knows that he has to be punished in some way for the ethical violation. I'm asking you for leniency. I ask you, just as Mr. Cullen asked, to please ask yourself if you could have just let it go. Could you have lived with yourself if you had information that could save countless other victims and you suppressed it? Please answer that question honestly before you decide on Edward's punishment. Thank you for your time."

"Thank you, Ms Hale," Ms Hadley says. "Mr. Sims, do you have anything that you would like to say to this committee?"

"Yes, I do. My office has reviewed that complaint and the evidence that resulted from our investigation. We found no other incident of misconduct by Mr. Masen. This is the first complaint that has been filed against him.

"However, this ethical breach cannot be ignored. Mr. Masen violated Rule 1.6 of the Washington State Rules of Professional Conduct in that he revealed information relating to representation of a client without that client's prior consent. He also violated Rule 1.9(c)(2) when he breached his duty to not reveal information relating to his prior representation of the same former client. He must be disciplined in some way. As is usual in this type of case, the Office of Disciplinary Counsel recommends disbarment. This is a violation of one of the most basic and well- rooted tenants of our profession. It cannot be overlooked."

Ms Hadley nods and Mr. Sims takes his seat. "Thank you for your recommendation. Mr. Masen, do you wish to make a statement?"

I slowly rise to my feet and approach the podium. "I guess that I'm supposed to offer some explanation or defense of my actions, but I'm not going to do that. Any explanation would only seem like an excuse. I don't want to be excused. What I did was wrong; I just couldn't see any other way. I couldn't let him continue to hurt people. I have a hard enough time living with the fact that my actions led to Ms Webber's suicide.

"So, I did exactly what I am accused of doing. I gave the file that did contain privileged information to Ms Hale. I gave it to her with the hope that she could put right what I had done wrong. I did it with the knowledge that I was committing an ethical breach. I am prepared to accept whatever punishment the committee deems appropriate. Thank you." I turn to take my seat when I am stopped by Ms Hadley.

"Mr. Masen, I think we have a few questions for you," she says and then nods to the man sitting a few seats down from her on her right.

"Mr. Masen, should we decide to let you keep your license, do you plan to continue to practice as a defense attorney?" he asks.

"No, I do not," I answer, truthfully.

"Why is that?"

"I can no longer defend people I know to be guilty, therefore, I would be inadequate as a defense attorney," I reply.

"What do you plan to do, should you retain your license?" an older lady on the other side of the bench asks.

"Honestly, I don't know," I say. "I fully expect to lose my license; I'm prepared for that outcome. I haven't thought much farther into the future than this hearing today."

A man sitting directly on Ms Hadley right asks, "If we decide on a punishment other than disbarment, will you ever commit this type of ethical violation again?"

"No, that isn't very likely. I see no reason that I would feel the need to do this again in the future."

"Why?"

"No other case has ever affected me this personally and I do not anticipate that any other case will. Plus, I am no longer employed at Morgan, Maddox, and Cullen, so I would not have access to any of the files from the cases that I worked on while employed there. Should I keep my license to practice, I would be starting with a clean slate... so to speak," I reply.

"Anyone else?" Ms Hadley asks the committee. No one says anything. She continues. "It appears that no one has anything else to ask you, Mr. Masen. Therefore, we will adjourn to deliberate."

"Ms. Hadley?" Mr. Sims says as he rises from his chair. "I ask that Mr. Masen's license be suspended pending your decision."

"That decision will have to be made by the Supreme Court and I don't believe we are quite to that point yet. I would not recommend that step though because I do not believe that Mr. Masen poses a substantial threat of serious harm to the public should he continue to practice." Ms Hadley rises and the other committee members follow suit. "We will have a decision in a few days." With those final words, the Review Committee exits into a back room.

I stand and turn to face Carlisle and Rosalie. "Thank you," I say to both of them. "It means a lot to me that you both wanted to speak on my behalf. You said some really nice things about me. I hope that I can live up to those opinions."

"It's not my opinion of you, Edward," Carlisle responds. "It's truly how you are; you are a man of integrity and principle. Nothing I said to the committee was an exaggeration or a lie. Everything that Ms Hale said is true also. You're a good man, Edward."

I swallow back the lump in my throat. No one has ever told me that I'm a good man. "Thank you," I say finally. I look to the back of the room and notice that Emmett is standing in front of Bella, blocking Connor Cavanaugh's view of her. Cynthia is sitting next to her holding her hand. I make eye-contact with Cynt and see the fire in her eyes. She's pissed.

Rosalie is looking back and forth between the scene at the back and my face. I turn to look at her and Carlisle and then I glance over at Connor Cavanaugh. He's eyeing us with an evil smirk. "What's going on?" Rosalie asks.

"It seems that Connor has been hanging around the café where Bella works. He's been watching her. I think he knows that she's the victim in the case against James that is pending in Port Angeles. What I don't know is if he knew that Bella and I are 'involved.' Bella didn't know who he was when he was showing up at the café. She noticed him staring at her, but she just thought he had a crush on her or something like that. She thought it was harmless. She was surprised when she saw him in the hallway outside the elevators. I think he may have been too, but he covered it well." I look over at Connor again. He's talking to Mr. Sims, but he's staring at me. The smirk hasn't left his face.

Connor shakes Mr. Sims hand and then walks toward me. I immediately stiffen. "Calm down, Edward," Carlisle whispers as he wraps a hand around my upper arm. "Don't do anything stupid."

"Hello, Carlisle," Connor says as he steps in front of Rosalie. She glares at him and then shifts her position so that she is standing next to me. I notice Emmett also shifts so that he can block Bella from Connor's view. "I didn't expect you to be here. I thought the firm was no longer associated with Mr. Masen."

"The firm isn't, but I am," Carlisle replies. "This is a personal matter. I am here to support Edward. I do not represent the firm."

"That's a good thing. I'd hate to have to sue you and the firm as well." Connor turns to me. "It was interesting to see Miss Swan here today." The evil smile returns. "Very interesting," he says before he turns to walk out of the room. He pauses briefly beside the row of chairs where Bella and Cynthia are sitting. Emmett steps in front of them. I hear Connor laugh to himself before he pushes open the door and exits, followed by his two "minions."

I finally start to breathe again. "What an asshole!" Rosalie says. Emmett, Cynthia and Bella join us at the front of the room.

I take Bella's hand and pull her to my side. "Are you okay?" I ask. She nods, but she's visibly shaken. "You're quitting that job. You are never going back there."

"No, Edward, I can't," Bella says.

"You can and you will. There is no way that I am going to leave you vulnerable to that man doing something to you. No way."

"Edward, calm down and think about this. Not only do I have bills and expenses that have to be paid, but that job is more that just a job to me. It was one of the steps I took to regaining my freedom from the nightmare of the rape. I cannot and will not quit working." I look at her and see the determination on her face. "I will not let James or his father win."

"Bella, I don't want to argue about this. I can pay your bills and expenses and...."

"I don't want you to do that, Edward. I like my freedom; I fought hard for it. I will not quit my job," she says firmly.

"Bella, be reasonable," I say.

"She is being reasonable," Cynthia says. "You're the one acting unreasonably. Bella has a point. If she quits, then they win. I think that she should continue working as if nothing is wrong. Don't let the arrogant prick know that he got to you."

"Fine," I say throwing up my hands. "If you insist on putting yourself in harms way, then don't be angry if I sit in the corner booth everyday to keep an eye on you."

"There you go with the unreasonableness again," Cynthia says, shaking her head. "Don't you think Connor will notice that you're there everyday? Don't you think that he will know that he got to you then? For someone who's supposed to be so smart you are acting so stupidly."

"Cynthia has a point," Carlisle interjects. "You can't be there all day, every day. It would give Connor too much satisfaction knowing that he was able to rattle you that much. Anyway, he will probably not show up at the café again after today. The element of anonymity is gone."

"I promise that I'll walk in with Jessica everyday and have her and Marcus walk me to my car every afternoon. I'll call you as soon as I'm on my way home. I'll do that for your peace of mind, Edward, but I'm not going to quit my job." Bella crosses her arms across her chest. "It's not open for discussion."

I look around at the group. "Are none of you on my side?" They all shake their heads. "Do none of you see the danger in this? James is a sadistic son of a bitch. Where do you think he came by that trait?" I look at all of the faces that are staring at me like I'm the ridiculous one in this argument. "Fine," I say finally, defeated. "Make sure that someone walks you to and from your car everyday and you better call me the very second you pull out of the parking lot."

"Thank you," Bella says as she kisses my cheek, "for not turning this into a major argument. You wouldn't have won anyway; I'm too stubborn."

I smile as I think about where I'm going to park so that I can watch the café everyday without her seeing me.

~*~*~*~*~

I park in my spot in front of my townhouse. For the last week and a half I've been watching the café during Bella's shift. So far, Connor hasn't shown up again. Maybe Carlisle is right. Then again, he could have a paid lackey keeping an eye on Bella for him.

I get the mail out of my box. I unlock the door and let myself in. I toss the mail on the bar and answer the ringing phone. I know who it is. Not fifteen minutes ago I watched her, Jessica and Marcus walk out to her car. She and Jessica were talking when I left to speed home. She calls on the land line now to make sure that I'm at the house. I don't think that she's spotted me yet, but she got a bit suspicious when she always had to call my cell that first week. I ran out of excuses for why I wasn't at home so now I just rush back here in time to get her call.

"Hello, love. How was work? Did the big, bad wolf show up today?" I ask as if I don't already know.

"Nope," she says. "I think Carlisle was right. I'll probably never see him again."

"Hmm," I reply as I start sorting through my mail, "I hope you're right. It wouldn't bother me a bit to never lay eyes on...." The words catch in my throat.

"Edward, are you okay? Are you still there?"

"Yeah, I'm here," I answer, finally. "I have a letter from the bar association."