Ah, I'm holding up to my promise of weekly updates (at least so far). I'm so proud of myself. Thank you all so much for the wonderful reviews, I'm so happy that you all loved the last chapter.
Krimpetgirl - she wasn't working out a settlement by herself. Liz was merely negotiating one, which she is allowed to do under a student practice order, provided that the client is ok with the settlement and an attorney signs off on it after negotiation. I'm trying to keep Liz's work under the laws governing student attorneys as realistic as possible, with the one liberty that I have taken being that normally a student attorney cannot be paid for the work that they do in that capacity, at least not under NY law. (but hey, this is fanfic, so I can change that a little so long as I don't actually do it in real life, cause that would be a real ethical problem)
wannabehermy - I'm so honored that you're reading this instead of reading for Con Law! But if your professor is Socratic, please read (or bring up facebook so if you get called on someone can send you the answer! that's what I do!). Can you imagine the guilt I tend to feel when I'm writing this and am thinking 'hmm I really should read for class, but I'm a 3L so maybe they won't pick on me.' Fat chance of that ever happening, but I can dream. However, I digress. . .
Ok, here we go!!!!
Chapter 16:
What the hell?! What is he doing here?!
"Good Morning Mr. Darcy." I said pleasantly, though beneath my calm surface I had a tempest boiling. "May I ask what you are doing here?"
"Josh's flight got cancelled due to sleet in Boston, I've come to supervise your court hearing."
Why, god, are you doing this to me?!?!?!?!
"Jeremy," I said sweetly to Wickham "would you excuse the two of us for a moment?"
"Of course, I can prolong our negotiations for few minutes. Anything for the powerful Mr. Darcy."
Was I imagining things, or did I detect a hint of a sneer in his voice?
Darcy and I walked down the hall and once I was sure that we were out of earshot, I rounded on him.
"What in the world was that?"
"I beg your pardon?"
"That! You know, back there where you suddenly edged your way in and rejected a settlement offer for the client without even knowing what the offer was."
"Ms. Bennett, I don't know where you think you get off telling me that I was wrong . . ."
"I get off in telling you that you were wrong Darcy because it is my case and my client. You may be the boss but I'm the one who knows what the client does and does not want. Yes, ultimately since you are supervising me today apparently, I would have to run the settlement terms by you before finalizing them, however, it is my responsibility to look out for the best interests of my client. So where do you get off rejecting a settlement offer without checking with me or the client?!"
Darcy's face was turning an interesting shade of red and like myself, he seemed to be shaking with anger.
"First of all, Darbing does not settle cases with Cardwell & Wallester, and even more specifically with Jeremy Wickham, unless we are certain that we cannot win the case."
"Of all the asinine, absurd things I have ever heard –"
"It is firm policy"
"One that directly contradicts with the best interests of our clients"
"We do not take on clients that we know will be up against Cardwell & Wallester without them consenting to this provision from the get go"
"That's just stupid."
"Ms. Bennett, might I remind you that you are an employee of Darbing and that you are to comply with Darbing's rules, policies and procedures. We do not settle with Cardwell & Wallester and Jeremy Wickham unless we cannot win the case. I trust that you feel that you can win this case."
"Of course, but –"
"Then that is that. Secondly, you are NEVER to negotiate a settlement using a date with you as incentive. It goes against all modern notions of legal ethics. I thought you knew better Liz."
"I DO know better! The settlement was going to be rejected anyway, he wanted a six month deferment on the payments. If you had waited to find out the terms of the agreement you would have known that we were going to go forward with the hearing anyway cause our client would never have consented to that!!!! I was only playing along with the negotiation for a date in order to gain the upper hand so that I could use the element of surprise in the hearing this afternoon, that he would think I was a twit and then I would slam him in front of the judge!"
"Oh" was all he could respond.
"But there you go again, jumping to conclusions without regard to anyone else. Of course it is only me so why should it matter to you?! I'm just the person who dates and sleeps with anyone for the purpose of my career! One of these days it isn't going to be me and it is going to be something really big in your life or with a major client and that's when you are going to speak without thinking and really find yourself up a creek without a paddle heading very rapidly toward a waterfall."
I turned away from him to walk back to the courtroom.
"Liz." Darcy said, grabbing my arm and turning me back to him. "I didn't mean it like that."
"Well I don't see how you could mean it in any other way."
He raked his hand through his hair, mussing it up.
"I normally don't say things like what I've been saying to you. Usually, I'm very much in control of what I'm saying. It is what has helped to make me into a successful lawyer. When I'm around you, on the other hand, things just seem to spill out. I can't explain it. I don't know why it happens. Maybe because I –"
I shook my head.
"I can't have this conversation now. I'm about to conduct my first hearing, and I'm nervous as a bride on her wedding night. I can't deal with the personal issues I have with you now. I need to get this done first and I can't be worrying about what is going on with the lawyer supervising me. I need you to forget that I'm me and I need to forget that you're you because otherwise I'll be second-guessing when you are advising me during the hearing. I need us to be lawyer and law student right now."
He nodded.
"We'll discuss this later then?"
"We'll discuss this when it comes time to cross that bridge. Until then, let me just survive this hearing and make it to final exams."
I turned away from him and walked back to Jeremy Wickham.
"Mr. Wickham, your offer is refused. My client will not consent to a six month deferment on the payments. I will see you inside for the hearing."
Wickham cocked his head in acknowledgment of what I was saying. Before Darcy could join us, he turned on his heel and made his way back to his client in the courtroom.
"We better get in there before the judge takes the bench." Darcy said from behind me. He held the door open and I walked into the courtroom.
_____________________________________________________________________________________________________________________________________________________
It wasn't until almost noontime that our case was called.
"State your appearances for the record."
"Elizabeth Bennett, student attorney under a student practice order, representing Ms. Sandra Taylor. Good morning Your Honor."
Judge Lowell, a gentleman in his late 60's, peered down from the bench and gave me a warm, grandfather-like smile.
"Good morning Ms. Bennett, I take it that this is your first hearing."
"It is Your Honor."
"All right then, who is the attorney supervising you."
Darcy stood up from the counsel table.
"Fitzwilliam Darcy, of Darbing LLP, supervising attorney for Ms. Elizabeth Bennett. Good morning Your Honor."
The judge nodded toward Darcy.
"Jeremy Wickham of Cardwell & Wallester for Mr. Roy Taylor."
"Ms. Bennett, why don't I hear your side of the story first since it is your client that requested this hearing."
"Thank you Your Honor. Approximately eight months ago, Judge Henry signed an order of child support ordering Mr. Roy Taylor to pay child support in the amount of $800 per month for the Taylors' two children, Sean and Tabitha. Mr. Taylor made payment the first month and has subsequently neglected to issue payment for the following seven months." I passed the court officer a copy of the child support order and Ms. Taylor's bank records showing that no child support was deposited into it to show the judge.
"Tell him why you are here today." Darcy leaned down and whispered in my ear, his warm breath tickling my ear. I resisted the urge to shudder.
"Your Honor, Ms. Taylor is before this court today requesting and order that will allow child support to deduct the back-pay and all following child support payments directly from Mr. Taylor's employer, prior to his paycheck being issued to him, to ensure that these payments are issued."
The judge reviewed the documents I sent up.
"Sounds fair enough. Mr. Wickham, let's hear from you. What is your client's story?"
Wickham stood up, buttoned his suit jacket and launched into his argument.
"Your Honor, despite Ms. Taylor's allegations that she was not paid after that first month, my client claims that this is simply not true. Mr. Taylor issued her a check every single month, which she cashed. That it wasn't cashed into her regular bank account does not mean that it was not cashed at all."
"Object." Darcy's voice was back in my ear. "Tell the judge there has been no offer of proof of this allegation."
I stood up.
"Objection Your Honor. Mr. Taylor, nor Mr. Wickham have shown Ms. Taylor or myself any proof of this allegation. If they are so set upon a story that my client cashed the check elsewhere, they should be producing a copy of the canceled check. Until that point, our argument stands."
"She has a point, Mr. Wickham. What is your response to that?"
Wickham tugged slightly at the collar of his shirt.
"Your Honor, my client has not yet provided me with cancelled checks. I'm sure he will be able to provide them to the court."
"See that he does. Until that time, I'm ordering that child support be deducted directly from his paycheck before he is paid."
"Including back pay, Your Honor?"
"Yes, including back pay. Should Mr. Taylor provide proof of additional child support payments, I will at that time stop the deductions and allow him to continue to pay child support directly. Please step outside the well and wait for a copy of the order."
We stepped out.
"Liz, wait for the order, I need to check on something upstairs. I'll meet you back at the office."
I nodded at Darcy to acknowledge that I heard him. As he walked away, my knees collapsed underneath me and I sat down on the bench. I just conducted my first hearing. I just conducted my first appearance and I won!
"Congratulations Liz."
I looked up at Wickham.
"Thank you."
"Still interested in getting that drink?"
Uggh.
"Now really isn't a good time Jeremy. I have finals next week and I really must study."
The court clerk then approached us with copies of the new child support order. Wickham shrugged his shoulders.
"Well, if you change your mind . . . Until then, just a word of friendly advice. Be careful of Darcy and his temper."
"I'm sorry?" I said, confused.
"Let's just say I've experienced first-hand."
I pounced on the opportunity to learn more.
"Have you had prior cases with Darcy?"
"Not quite. I used to work at Darbing."
I must have looked surprised cause Wickham addressed it.
"Yes, I'm a better lawyer than you must have thought. My father worked under the first Mr. Darcy and brought me into the firm after law school. I was a real rainmaker, bring in clients right and left and Mr. Darcy Sr. gave me free reign of how I handled the clients I brought in, and promised me a portion of the partnership, with my name added to the firm name. Darcy knew about this, and when his father died, well, let's say we didn't see eye to eye on how to handle my clients. Needless to say, he used that as a reason to get me out, but I know it was because he didn't want me to become a named partner. So, he fired me two years ago."
"How awful." Slimeball that he was, I couldn't help but sympathize for him. It seemed like something Darcy might have done, at least from my past experiences with him.
"Don't feel sorry for me, I landed on my feet. Just be careful around him Liz."
I nodded and with that Wickham was off.
_____________________________________________________________________________________________________________________________________________________
I quickly made my way back to the firm where I added the child support order to the file and typed up my report of the appearance and sent a copy to Maggie before filing the file back in the file room for future reference. I then left the office and made my way back to my apartment to change clothing before my afternoon classes.
I shut the door loudly behind me, and knowing Jane's shift at the hospital didn't start until 7, I called out for her.
"Jane! Jane, you'll never believe the day I had!!"
I heard a sniffle come from the couch in the living room.
"Jane?"
I made my way over to the couch to find Jane hunched over on it, tissue in her hands by her nose, sobbing.
"Janie, what's wrong?" I asked, alarmed at her demeanor.
"Oh Lizzie." She moaned. "He isn't coming back."
"What?!"
"Charlie isn't coming back from Tokyo."
Hmmmm, my longest chapter to date!!!!!!!!!! Y'all should be so very happy about that one, considering the commotion going on this weekend with the wedding (it was wonderful by the way, can't believe my best friend is married!). So what did y'all think? Loved it? Hated it?
Just one note, I googled Cardwell & Wallester, and no such firm comes up as a result. If for some reason such a firm exists, the reference here in no way is a reflection of the actual Cardwell & Wallester and is in no way associated with the real firm.
Also, I've noticed that the administrators of this site have broken up the Jane Austen fanfics into individual books. I hate it, especially since everything originally got moved into the Emma category last week. I know several authors have messaged the administrators in hopes of having it switched back and hopefully we will be successful. Because of that, I will currently keep my story under the Emma category and recommend that you add the story to your alerts in case an administrator moves it. If nothing changes within two weeks I'll probably have to move this to the P&P category, however I'll be sure to notify all of you in advance so that you know that I'm doing it.
That being said, I am eagerly waiting for you to click that little green button and review!!!!
