Rising Star in Law

The company's managing-director and its financial controller met with Sally Holmes at which she and the firm were soundly berated.

Sally had the sense to call in Jocelyn, who'd already complained to her that the company had withheld vital facts pertinent for the defence to manage its strategy and possibly find ways to counter the Crown's accusations of the filing of false taxation returns to the IRD.

Following the successful prosecution, Jocelyn had gone through the transcript of the court proceedings and marked every instance where submissions made on behalf of the IRD had been new information to her team, and yet each of those submissions arising out of investigatory auditing by the IRD would have been submitted in writing and discussed with the company before the court hearing.

That claim was made in the 10-page report presented to the meeting and was not satisfactorily explained by the company. The report contained five photo-copied diary notes entered by Jocelyn on the day they were made stating that she'd asked the financial controller had their legal defence team being given all relevant information vital to the preparation of the company's legal defence. The managing-director had been at the second and fifth meeting at the time those requests were made to ensure the defence team had been given all relevant information.

"We were rushed to supply all information, being given only 20 days to prepare," said the managing-director.

Sally reacted angrily.

"Withholding information from us that the authorities had several of the vehicles were landed in this country showing the mechanical defects that the documentation stated had been fixed is just one example of culpable concealment that the authorities are now likely to initiate legal action. Further, in 12 instances the speedos showing the mileage travelled documents when the vehicles were loaded on to ships for exporting were sold to buyers in this country with the speedos showing considerably lower mileages, indicating illegal tampering and that is likely to lead to prospections."

"You're making a mountain out of a molehill to cloud the real reason why your team failed to represent us effectively in court," said the managing-director.

"This case leads me to believing your company is deceitful engaged in illegal activities," Sally said calmly. "This law firm will no longer act for your company."

The managing-director said furiously, "In that case, because you have failed us and are dumping us for petty reasons, don't bother billing us because all bills and any written communication from you will immediately be tossed away unopened."

"Please yourself but take note of this: Unless you pay our bill for current services on time and in full, then be prepared to be taken to court by us where everything discussed here today will be laid out in evidence to the court and as a result, it is likely that you and your company will be publicly vilified and the authorities could lay criminal charges against the company and senior executives, as they may well be contemplating anyway."

"Come on Ralph, we are out of here as we no longer need to listen to this rubbish," blustered Neil, the managing director.

They walked out and Jocelyn said, "Wow, that dressing down you gave him was impressive. Do you think we'll get even a token payment from them?"

"Yes, every cent we bill them," Sally snorted. "That conniving bastard will authorise immediate payment of billing in an effort to keep the lid on his company's underhand practices. But no doubt, with a major victory against the company, the authorities will unleash further investigations for fraud and other possible criminal activities."

"Jocelyn, you did your very best for that client in court but clearly, you were over your head. I have to admit I was reckless in giving you free rein with your very limited experience. You have an exceptional legal brain but you need years of hard grind that produces experience before you have the all-round skills to be a top legal-beaver."

"From tomorrow, I want you to start in our Residential Property Department to begin your thorough grounding in elementary law practice and during your basic grounding, you'll find the area of law that you'll decided to specialise in."

Jocelyn smiled and said, "Thanks, I fully accept your decision,"

Chapter 5

Eighteen months later, after Jocelyn had served a year gaining experience in residential property law, representing aggrieved parties in court proceedings and work in the Family Law Department resolution, she was assigned to the Dispute Resolution Department, joining the commercial litigation section.

After six months engaged in that department, to the anger of her department head and the manager of the commercial litigation section, she was pulled from her exiting work by the firm's managing partner to defend the city's deputy-Mayor on a charge of excess blood alcohol, when driving a vehicle (drunk driving).

Four partners and several department heads gathered and went to Sally Holmes to complain about her 'totally unacceptable decision'.

She was told the firm would be ridiculed by other law firms when according to the media 'the indefensible' case would probably be lost on Day One of the defence because Holmes Law would be represented the defendant with a young lawyer still 'verdantly green around the ears'.

"Didn't I hear one of you claim that the media agreed that the case was indefensible."

"Yes, but at least we should be seen as going down fighting expertly," said another partner.

"I've made my decision because I feel if any individual in this firm is capable of finding the thin edge of the wedge that will provide the miracle to free Owen, it's Jocelyn. Owen James has been briefed, knowing if he's convicted he'll automatically be disbarred from office."

"However, he replied that he's followed some of the legal cases involving Jocelyn as reported in newspapers and believes, quote, 'She's a little ripper.' Therefore, I suggest you go to Owen with your concerns and partners are free to call an emergency meeting of partners to seek for my removal from the office of managing partner."

The four partners conferred briefly and Eva Ryan said, "We partners here propose taking no further action and express satisfaction that our concerns have been heard and, incidentally, we cannot fault your thinking in taking the decision you have after hearing the defendant's response."

A few of the heads of departments and managers murmured 'Hear, hear'.

Over dinner that evening, Sally told her husband and son about that meeting with the deputation of complainants.

"Christ, Sal you do steer close to the precipice at times," said husband Richard. "In this instance, my intuition tells me it's a risk worth taking. That young woman is capable of coming up with something to astound us all."

"Thanks darling."

"Chris my darling son, and this is another reason why I'm sad you believe you being gay is irreversible. That girl would have been a great mother of my grandchildren."

"Sorry mum. Perhaps I could donate my semen in a tube if you wish to gift it to her."

"Fuck you Chris."

"Sorry mum, but you know that I'm not altogether weird."

* * *

The courtroom was packed with people standing around the rear perimeters as the case against the deputy-Mayor was called.

Judge Jason Walsh greeted the police prosecutor by name and asked Jocelyn's support lawyer where was Miss McDonald.

Before the male lawyer could answer, the court registrar seated down in front of the Judge stood and whispered something.

His Honour said, "Miss McDonald has phoned the registrar to apologise for lateness and is driving with a police escort proceeding her vehicle, with lights flashing but no siren. We commence proceedings in 10 minutes, no matter what."

Jocelyn ran into the court gowned but without the discretionary wig.

She said, breathlessly, "I apologise for lateness Your Honour but I was waiting to receive facsimiles I'd asked from the National Archives to support the research findings I completed late last night."

"How late, Miss McDonald?"

"Ten minutes before midnight, Your Honour. But don't feel sorry for me. In your younger days you probably had your nose to the grindstone much later than that as a lawyer."

"Indeed, and just how crucial is the evidence?"

"May I be as bold to suggest that because of it, the defendant may be leaving this courtroom in fifteen minutes without conviction."

"That's an extremely bold statement, Miss McDonald. To avoid us wasting time, you may open proceedings now."

"Projection clerk please," Jocelyn called and a woman hurried over and took the 1-page facsimile and was asked to screen it immediately.

The judge who had to turn to view the screen was heard to mutter, "This better be good."

"What we are looking at is a copy from the National Archives of one of documents signed by the Colonial Government of the day in 1834 and the Native or now known as Maori Chiefs of the destitute North Island of this colony at that time due to prolonged drought and inter-tribal warfare plus the colony's associated islands. Three years earlier, in 1840, the chiefs on behalf of the tribes signed over ownership of the land mass of two main islands and smaller islands to become known as New Zealand to the British Crown."

"That sets the basis of the next submission and here is the second facsimile."

She handed the document to the court clerk.

"This drawing here is a section of western side of the island in the far north, known today as Northland, clearly shows a walking track called Mango track. I have a short statement from the registrar of records at the National Archives that in 1908, Mango Road was formed along the route of the existing Mango Track. The defendant in this charge of driving a motor vehicle intoxicated with an excessive amount of alcohol, Owen Charles James, was apprehended by a police patrol with breath testing equipment on this section of Mango Road marked by a cross."

"The defence does not dispute that Owen Charles James was found to be driving on Mango Road with an excess of alcohol in his blood, nor does it dispute the blood testing readings."

"But what it does submit as evidence that the charge cannot succeed because Owen Charles James was not driving on a public road at the time he was apprehended. It would appear that the entire length of Mango Road has, for whatever reason, never been dedicated (legally declared) as a public road."

"This final document from the registrar of records at the National Archives states that a computer search has found no record of the dedication of Mango Road and nor has it found any Gazette Notice of it being declared a public road."

"The defence submits the prosecution fails because the defendant was not driving on the public road, to which the law covering intoxicated driving applies. Thank you, Your Honour."

Judge Walsh nodded at Jocelyn, smiling. He then called Jocelyn and the Police Prosecutor to the bench and completed a joint examination of the documents with them.

Minutes later he called a resumption of proceedings and declared that the prosecution had failed because the defence that established that the offence had been detected as occurring on a thoroughfare that was not recorded as a public road.

Jocelyn was elated at hearing gasps from the public gallery and turned and found herself looking straight at Sally who was smiling and clapping and that set off a round of applause.

Owen James hugged and kissed Jocelyn and said, "Excuse my language but that was awesome. How the fuck did you managed to dredge up that obscure anomaly?"

"By bone-tiring research Mr James. There is no other way. The brain becomes numb with fatigue and eventually you hear your brain moving your lips to say, 'Hello, what's this clue? It was an article about an unrecorded main sewerage line for 51 years through a residential subdivision in Hawera and my weary brain said I should consider the possibility of an unregistered road. I said no way, but responded positively when my brain scoffed, 'Slacker'."

"Omigod, here comes the media like a swarm of bees now that the Judge has left the courtroom."

"Good luck with them," said the deputy-Mayor standing aside. They'll want to revere you Jocelyn for a remarkable piece of legal sleuthing."

Twenty minutes later, Sally broke up the media conference saying that Miss McDonald was wanted to attend a celebratory luncheon with the fifteen department heads and section managers from Holmes and Partners Law who were among many others who believed that it would be impossible for any defence to wangle a no conviction decision.

Later, on the walk to the restaurant, Sally said she had said yes, on behalf of Jocelyn, that she agreed to appear on a special half-hour TV interview programme at 7.00 that evening about her as a personality and how she personalised her approach to dealing with legal cases.

"Okay, I'll do it for you," Jocelyn yawned. "I'm surprised you could get such a large booking in this very popular restaurant at 12.30."

"I requested Caroline to secure a table setting for 30 places three days ago."

Stopping in her tracks, Jocelyn said to her patron, "Omigod, you truly have the guts to totally believe in your far-out decisions, such as appointing me to act for Mr James."

"Yes, it simply requires some deep thought and faith. Now shut up and enjoy your moment of glory. Not all your future cases will end in mind-blowing success, or for that matter, not all will be wins."

Lunch proved to be successful with some very robust conversations.

Jocelyn was enjoying herself so much that she was thinking the event could drag on to at least 6 pm but at 4.45 Sally dragged her off to a noisy farewell and explaining she had to get the woman of the moment off to freshen up. Jocelyn was due at the main national television station at 6.00 for her hair and facial make-up appointments and then to spend 15 minutes with the interviewer at 6.45 for a briefing before their appearance on live TV at 7.00.

"Did you organize the TV appearance Sally?" Jocelyn asked.

She replied no, the programme director had called Richard in her absence and practically demanded that Jocelyn be made available to appear for the special 30-minute interview to talk about herself and her sensational success at court that day.

* * *

Jocelyn thought the live interview was rather boring because the 'Insight' interviewer was surprisingly laid-back. But clips from the interview appeared on the TV station's late news that evening and were repeated again during news bulletins next morning.

She became convinced she had projected well and professionally and all-in-all it was a rather riveting interview.

The next morning's newspaper had a front-page story about the city's deputy-Mayor being sensationally acquitted of the charge of drunk driving that had occurred when on holiday in Northland. Under the large page one heading as the lead story, was a large photo of the deputy-Mayor beaming and with his arm around the shoulders of his young defence lawyer.

Then on page five was a story about Jocelyn's TV appearance under the heading 'A Super-Achiever in Law.'

Jocelyn had slept in late that morning, being Saturday, and was awakened at 10.30 when the day manager of the apartments arrived with five floral bouquets that had been forwarded on behalf of well-wishers. Those tributes delighted Jocelyn.

On Tuesday, Jocelyn was invited to morning tea with the Commissioner of Police at his office,

She thought the Police must have an awkward case to prosecute and wanted advice from an outsider who might have a different point of view from police prosecutors.

That was wide of the mark. She was asked was she interested in becoming a senior police prosecutor, remaining as a civilian lawyer but employed as a non-sworn member of the Police. It was an interesting encounter but the reality was she was happy to leave that meeting as soon as she could without being rude.

The Crown Law Office and two larger Auckland law firms attempted to woo her, and one law office answered the rejection with an offer of a junior partnership but that received a 'no thanks' result.

Sally called Jocelyn on Thursday afternoon to her office and handed her two envelopes.

"The top envelop contains our company's cheque for you for $10,000, the largest bonus ever given in this firm's history. When I suggested a bonus at this morning's partners' meeting there was immediate acclamation. When I suggested the figure of $10,000 there were some uneasy exchange of glances until one partner, who carries the nickname of Groucho, clapped and said, "That's probably is not sufficient, but what figure is?"

"He added that, after your historic success on Monday in saving the butt of the city's deputy-Mayor, 'our Jocelyn through media admiration probably handed us more than $100,000 in free advertising that will bring us untold new business and increase our rating as a leading law firm in this city'."

"Wow, has Jim Monk ever before had a kind word for anyone in this firm?"

"I'd be hard-pressed to find examples," Sally said accompanied with a huge smile. "I said I totally agreed with Jim and called for a vote on the payment of $10,000 and it was passed unanimously.

"God, I feel over-whelmed Sally."

"Thanks, and it moved me to hear you say that. The other envelop contains a complimentary return airline ticket to Christchurch with the flight booking for 6.15 this evening and the return flight for 6.15 on Monday evening."

"Ah, so you want me back here?"

"Oh yes, it probably will up to two years before you really begin to hit your straps in law. I want you to be away from this building today by 4.00 at the latest. At 4.15, a memo from me will appear on our internal website announcing that the manager of the Litigation Department James Innes, who retires from the 31st of this month, will be succeeded by his long-serving deputy Marlene Owens and Marlene's deputy will be you, providing I receive your acceptance of that promotion."

"Omigod, yes, I accept," Jocelyn said. "Ah, a huge thanks."

"You've earned it darling. You begin work at Marlene's vacated desk on Tuesday with your raise in seniority and increase in remuneration taking effect from Tuesday. James goes tonight on accumulated leave and returns to his farewell function on Friday evening in two weeks' time.

* * *

Jocelyn had emailed her father of her arrival and expected him to be at Christchurch Airport to meet her. Well, he loved her. It would be only the fifth time she'd been home since leaving to establish her career in Wellington a little over two years earlier.

She was astonished when spotting her father waving and noting the shorter figure beside him in the crowded arrival lounge detach at speed. Her stepmother Geraldine came rushing at her yelling incoherently and slammed into Joycelyn as if she'd been away for eight years.

Fortunately, Jocelyn exercised at the gym most mornings to keep her fitness and reactions fast and had automatically moved a leg backwards and braced to absorb the impact of the heavier female.

As the kisses rained on her face, Jocelyn managed, "Mother, how lovely to see you again. I've really missed you and dad."

"And Harvey."

Jocelyn almost said, "Who?" but her mind reconnected just in time.

"Oh, yes of course."

"I wanted him to come with us, but he said your arrival home was a special time for your parents."

Jocelyn blinked and said, "My parents; does that mean...?"

"Yes, he's accepted me."

Loosening the embrace, Geraldine sighed and said, "Darling, I'm ashamed and you'll be disgusted. I've allowed Harvey to get at me a couple of times."

Jocelyn gasped and then chuckled.