Alex - 10 Days of Torment Ch. 18

© 2022, All rights reserved -- mimaster

Ashley goes to court; the Edwards entertain over the weekend.

~*~*~*~*~*~*~

Thursday morning, April 18th

Maggie sat at the table, a legal pad full of notes in front of her. There were also several piles of paper, all neatly labeled and organized for easy access. Two chairs down sat Alex, who had his open briefcase in front of him filled with documents and file folders. Between them was Ashley Davenport, the plaintiff in the case against Allison, Hughes and Walling, her former law firm. She had a laptop open, but she was nervously clicking a pen.

Elliott Walling sat smugly at the defendant's table, three of his junior attorneys at his side as he represented himself. It was a foolish move, but one Alex had anticipated. They hadn't bothered to hire outside counsel, even after what seemed to be a disastrous preliminary hearing. Walling was viewing the proceeding as a training session for his up and coming lawyers.

Judge Hal Newcomb entered the courtroom as all parties stood. He told everyone to be seated in what would be a bench trial. Elliot was surprised Alex went in that direction, feeling better about the possibility of a favorable outcome with a judge ruling instead of the unpredictability of a jury. Alex felt the opposite, believing the facts of a case against a law firm would be best suited ruled by one man familiar with the law, and the inner workings of judicial proceedings.

Because of the format chosen and the nature of the case, Judge Newcomb was very casual in his approach, dispensing with formalities. That too was an advantage as far as Alex was concerned. It played to his strengths, being able to adjust to the way the actual case was being reviewed. Elliott was a very rigid man, using his knowledge of the system to his benefit. It was why he was being sued to begin with. He expected the court to be run in the formal way it usually was. It was anything but.

Bringing the court to order, Judge Newcomb said, "Let's get this rolling. Alex, you're up. Who's your first witness?"

"Ashley Davenport, Hal," he nodded.

Walling stood up, surprised by the way the proceeding began. "Your honor, are we not following proper courtroom decorum?"

"This trial is entirely about just that, Elliott. That being said, I have no intention of presiding over it like it's a supreme court decision. The more we dispense with the window dressings, the quicker we get to see the view on the other side of the window. Ashley, take the stand please."

She did, and was sworn in. Alex remained seated and asked her just a couple of questions. Holding up a paper, he wondered, "Why did you write this email? The one stating you were no longer going to try cases in front of Jack Austin's bench?"

She smiled and replied, "I wrote it because I realized after I'd lost my case representing the Patterson Corporation against Miss Swanson that I'd been a pawn in a game to manipulate Judge Austin's court. I actually realized that early on, when I was directed by my boss at the time to request numerous delays and continuances in the case instead of trying it on it's merits. It was all in order to create an advantage."

"And your boss was?"

"Elliott Walling."

"And what advantage was he referring to?"

"Cassie was pregnant. The prevailing theory Elliott was operating under was..."

"Objection, your honor!" Elliott called out, but not offering a reason why.

Hal waited for a moment and then sighed. "What is it Elliott?"

"I... I'm just not comfortable with the decorum."

"We're not here to provide you comfort. We're here to get to the bottom of this case, and I want to do that the quickest way possible."

"But your honor."

"My court, my rules on how I run it. Let's move on."

"Can she at least refer to me as Mr. Walling? I've earned that much."

Hal sighed again, and it wasn't a good one. "This isn't A Few Good Men, you're not Colonel Jessep, and I'm not Judge Randolph. Stop delaying this from proceeding. Ashley, if you would be so kind as to refer to Elliott as Mr. Walling, I'd appreciate it."

"Of course Hal. As I was saying, the prevailing theory... Mr. Walling... was operating under was that Cassie would have the baby in just a couple of months. So, I was instructed to keep asking for continuances, knowing eventually someone else would have to be assigned when the time came. Someone green and unfamiliar with the case. Easy pickins' is how he put it to me."

"And how'd that work out for you?" Alex asked.

She chuckled and said, "Instead of being opposed by some inexperienced junior attorney, you showed up in court, and you fucked me royally that day."

"Your honor!" Elliott objected.

"Language, Ashley," Judge Newcomb chuckled.

"Apologies. That was meant to be taken figuratively," she shrugged. "But... Alex also basically raped Patterson, and that was closer to literal. When he took over for Cassie, he talked with Emily. In that meeting, she remembered something she thought was insignificant. Alex apparently realized pretty quickly it wasn't. It turned out that Mr. Patterson and Mr. Walling purposely withheld evidence from me. An email that Emily was blind copied on. Once that came to light, I was forced to settle a case that in my opinion I know I could have won if I'd been allowed to go head to head with Cassie from the start. She's good, but so am I. Anyway, because of that, I had nothing to negotiate with. Alex had me where he wanted me, and yeah, I got fucked, right here in the courthouse. I'm not going to apologize again for saying it that way, because that's what really happened. I wrote that email because I have a moral and legal obligation to the court. I'd used Judge Austin's kindness as a way to manipulate him. I can't in good conscious stand before his bench again. I got fired for taking that stance."

"That's it. Your witness Elliott."

Walling practically leapt up, buttoning the jacket of his power suit.

"Miss Davenport, what... "

"It's Ashley."

"I beg your pardon?"

"I want you to call me Ashley. Hal has already established we're not going to be formal, despite your silly objection. There's also no need to button your jacket to try and intimidate me. It's not going to work, so ask your questions."

"Your honor, I'd like permission to treat the witness as hostile."

Hal laughed. "Are you kidding? She's right. I told you how this is going to go. Stop delaying. Request denied. Get on with it Elliott."

"Uh... very well. Ashley, what do you have in the form of emails or a letter that can corroborate you were ever instructed by anyone at our firm to ask for continuances?"

"Other than my notes?"

"Yes."

"None. I don't have any emails, or a letter from anyone at your firm."

"So you have nothing that can prove that I, or anyone else told you to delay. No proof that this hypothesis of yours about using Cassie Stafford's pregnancy as a legal strategy is anything other than an attempt to get back at my firm for letting you go because of the way you handled the Patterson case."

"You asked if I have documents other than my notes, which are meticulously detailed, by the way. My answer was I don't have any documentation, written or electronic, by you or anyone at your firm instructing me to do that. That communication was verbal. I can't speak to your motive to fire me, other than to save face with your partners. I was forced to settle the case when it became evident that vital information was kept from me. And before you ask, no, I didn't ask permission to do that. But I also didn't have a leg to stand on. They were both cut out from under me as soon as Alex became opposing counsel."

"Your honor, she's pontificating. I've not asked her about motive for her termination."

"That's alright. Alex will on redirect, or did you forget how this works?"

"Ashley, behave," Hal warned.

"Sorry, but he's wasting this courts time just like he had me do in Jack's."

"You've not proven that yet," he replied.

"I wouldn't be here if I couldn't," she grinned.

"Okay. Any further questions, Elliott?"

"Yes. What are you doing for a living at the moment, Ashley?"

"Relevance," Alex objected.

Ashley waved it off. "I'm an exotic dancer," she answered proudly.

"A what?"

"I'm a stripper. I take my clothes off and give lap dances for money. I made $2200 last night."

"Again, relevance?" Alex sighed.

Hal was perturbed. "Sustained. What the hell does her current job have to do with anything?"

"I'm trying to establish that she used her appearance in court to manipulate Judge Austin."

"Appearance... as in how I look?" Ashley smirked.

"Yes."

"Guilty," she shrugged as she raised her hand.

"So you admit you used your charms to persuade him!"

"Charms? I admit that I'm pretty. I don't think it's conceited to say I'm an attractive woman that dresses sexily... but also professional in the courtroom. In my current job I dress slutty. The outfit goes with the occupation."

"You're missing my point, Ashley."

"I didn't know you were making one, Mr. Walling. That seemed like an a personal attack. An attempt to cheapen my image. I'm not ashamed of what I do. I was ashamed of how I was forced to do my job for your firm. Frankly, I'm working for a more honorable establishment now. But I'm a lawyer, and I won't have my career tarnished because I followed your foolish directive."

"Once again, a directive you have no written proof was ever given. Nothing further, Hal!"

"Alex, redirect?"

"No need. She did that herself. I call Elliott."

"Very well. Take the stand, Mr. Walling."

He was sworn in, and Judge Newcomb reminded him, "You can't question yourself. One of your staff will have to do the cross examination."

"I know that," he replied arrogantly.

"I'm going to enjoy this," Alex said as he stood.

"Good morning, Elliott."

"Just ask your questions, Alex."

"I'd ask for you to be considered hostile as well, but I'd rather you hang yourself with your own words. Let's start with this... how much did you pay for that haircut?"

"What?"

"Where are you going with this, Alex?" Hal wondered.

"He insinuated that Ashley used her looks to manipulate. How much?"

"Answer the question."

"A hundred."

"And the suit? That's Armani, if I'm not mistaken. What's that run, about fifteen hundred I'm guessing? Three hundred for the shoes? You're all wrapped up in over three grand sitting there. Tie, belt, tailored shirt. The Rolex. You're dressed like that every day... to impress. To influence. Yet you singled out Ashley for being attractive. My executive secretary is also attractive. Actually, Maggie is stunning, if a boss can say that in this day and age," he said, looking at her, pointing politely in her direction. She smiled and blushed a little. "But you singled out my client today and tried to use her current occupation as a tactic. I have to say, I'm not surprised."

"Objection," one of the men at the table announced.

"Sustained. Move on Alex."

"Very well. Does your firm use digital recording for dealing with clients. You know... during phone calls? Mine does."

"Of course."

"And are those calls transcribed?"

"Sometimes."

"When would they be?"

"When I deem it necessary. If there's something relevant that needed to be documented for a case."

"Are you the only one that can authorize a call to be transcribed?"

"No."

"So, just you and the partners then."

"No. Any attorney can request it. It just has to be deemed relevant."

"Is there a formal process for that... deeming it relevant?"

"No. We trust our staff to know what's important and what isn't."

"And how would they go about getting a transcript?"

"They'd have their assistant take care of it."

"Did Ashley have an assistant at the firm?"

"Yes. Myra White."

"So, if Ashley wanted a transcript of a phone call, she'd just ask Myra. And what would happen?"

"A typed transcript would be created, and the corresponding recording would be archived in an audio file so it would be protected. This can't be any different than what your firm does. It's pretty standard."

"Is it announced during a call that it's being recorded?"

"Of course. Always!"

"And the audio file... If you requested a transcript, would the one asking for it get a copy of that file?"

"Yes. In an email... it's sent as a WAV file."

"Okay. I think I got it. One last question. How many conference calls would you say you were a part of between Mr. Patterson and Ashley during the case."

"What?"

"Never mind. The answer is eleven. Maggie?"

Maggie stood and approached the bench, carrying eleven separate packets of papers. She strutted sexily toward the judge, her breasts bouncing as her feet landed heavily the floor; a deliberate stride for maximum effect. Handing him the packets, she said, "Here you are, Judge Newcomb."

"Hal," he smiled.

"Hal," she winked playfully as she turned and made her way back to Ashley's side, making sure her ass swayed seductively.

Alex continued as he looked directly at Walling for effect. "Hal, those are the transcripts of the eleven conference calls. The pertinent information is highlighted, but we'll make this quick. Ashley, please play the beginning of the first WAV file that corresponds with the original conference call."

She hit play, and on the recording she announced her name, and the other parties on the call... and that it was being recorded.

"Is that your voice acknowledging the recording, Elliott?"

"Uh... yes."

"Ashley. Go to the twelve minute, twenty-four second mark of that recording."

She moved the cursor on the scrubber bar and found the spot, hitting play again.

Elliott can be heard asking who was representing Emily Swanson, and Ashley responded it was Cassie.

"Isn't she pregnant?"

"Yes. What does that have to do with anything?"

"We can use that. She's got to be due in a couple of months."

"OBJECTION!" Elliott yelled out.

"Are you fucking serious?" Hal reacted. "First, you're on the stand!. You can't object. One of them has to," he barked, motioning to the three young attorneys sitting wide-eyed at the defense table. Looking at the highlighted lines in the documents, he shook his head in disgust. "And two, you can't tell me you didn't know about all these conference calls. You bring up asking for delays in every one of these transcripts. Every one!"

"I knew about the calls. I didn't know about the transcripts. I have no idea why they would have been done. I didn't authorize them."

Alex shook his head. "You just got done saying any lawyer in your firm can authorize it. Ashley was the one in charge of the case. She had the transcripts made. She has the audio files. They were emailed to her, and she copied them to a flash drive."

"She's not supposed to do that!"

"Is that written anywhere?"

"Well, no. But it's known. That's outside of our protocol. It's illegal."

"No... it's actually smart. Look, Hal, let me expedite this. I'm going to say no more questions in a second. None of his guys are going to cross examine him because they're clueless at this point as to what to even ask. Look at them... deer in headlights; all of them. This is over their heads at this point."

"Okay. What then?"

"I'm going to put Ashley back on the stand, and she's going to testify that she asked for the transcripts because she didn't trust the strategy she was forced to use. She had them done to cover her ass, and she made the copies of the audio files when she sent the email about removing herself from Jack's court because she feared retaliation. She feared being fired for taking a stance. She protected herself just for this inevitability. She also knew there was an implied rule about copying files, but that it's not in writing, and all the junior lawyers there do it. There's a lot of distrust in that firm. We have sworn statements from three of her former colleagues that they've done it too. I don't want to enter them unless I have to... because they all still work there."

Hal leafed through the documents, shaking his head with each revelation he discovered.

"Jesus Christ, Elliott! You actually say in this one how you think Ashley should dress because Jack has a thing for long legs!? You actually wanted her to wear a shorter skirt to make sure she got another delay because... Cassie hasn't popped the damn kid out yet. I've seen and heard enough. Elliott I'm appalled at this. But not the least bit surprised. I'll have my ruling on Monday."

"I'd like the opportunity to settle this out of court," he said desperately as he stood and started to step down off the stand.

Taking another page from the iconic military law firm, Hal said, "Again, you're still on the stand, Elliott. I've not excused you yet."

"Apologies, your honor," he replied bashfully as he sat back in place.

"One of your minions should be stepping up, Elliott. I'm with Ashley... you do know how this works, don't you? I warned you that you couldn't act as an attorney while on the stand. You made it clear the other day that you had appropriate counsel at the table with you, and they could handle it. Since they haven't done anything but sit there and it's gone this far, I highly doubt Alex is going to suddenly let you off the hook to settle. Alex?"

"Not a fucking chance in hell," he grinned.

"Like I said, I'll have my ruling on Monday. You can go ahead and get your appeal ready. But I highly suggest you leave the informal nature of this proceeding out of it. You know how I conducted this today had no bearing on the outcome. These did!" he said, shaking the papers in his fist for effect. "My goal today was to make this move along because of you have a habit for dragging shit out. It's evident now that's why you're sitting there, and it finally caught up to you. And a word of warning on the appeal... anywhere you file this above me, the panel will be fully informed of the ethics involved. My opinion on this will be scathing. Sanctions are coming, Mr. Walling. Accept the inevitable or trust things will only get worse. Not only for you, but Allison and Hughes as well. You're all officially on notice. You're excused from the stand. This court is adjourned."

Elliott climbed down off the stand and made a beeline for the door, grabbing his briefcase on the way out. His crew sat dumbfounded for a moment, before packing up and leaving themselves. Maggie was putting away her files as Alex stood and got his briefcase situated. It was Ashley that stared straight ahead, unsure of what to do.

"Alex?" she finally asked.

"Yes."

"Did that really just happen?"

"You seem surprised," he chuckled.

"I guess I am. I mean, I know we had a great case, but that seemed easy. Too easy. Should I be worried?"

"About what?"

"The appeal. I mean, I said some things on the stand that were borderline. Actually, I crossed the line."

Maggie was the one that spoke up. "No you didn't. You weren't a lawyer up there. You were the plaintiff. And that was his mistake. He tried to be both a lawyer and the defendant when the judge warned him he couldn't."

"I acted like a lawyer."

"No. You acted like a former lawyer. He did you a huge favor. He got it on the record that you're a stripper at the moment. A well paid one, if you were honest about how much money you made."

"Ha! A twenty-first birthday party. I had a good night," she shrugged. "Plus, I'm that good. I've have a great mentor working with me."

"Regardless, he screwed himself with that line of questioning. It proved he uses stupid tactics, and it bit him in the ass. And I got put on the record as being more than very attractive. I'm stunning, so we all win," she laughed.