That Doesn't Fly

"Hi Kyle," I opened.

"Hi Amy," he replied. "I just talked to John; he gave me both bits of bad news, his health and your resignation. He told me that your resignation is for personal reasons and he didn't go into it and I won't ask; but what John and I would like to do is to work out a way for to you continue the litigation as lead counsel regardless of your separation from Marks & Benton."

"Wow – that sounds great, Kyle, because I sure don't want to leave you in the lurch, and I really enjoy working on the case," I enthusiastically replied.

We talked for another half hour about how things might work out. Then he asked "Are you flush with cash – do you need an advance?"

I wasn't about to tell him that I still had half the severance payment (enhanced by almost three years of interest, the other half of which I used as part of our down payment on the house Niles wanted) from my first firm, plus the half of our brokerage and checking accounts that I had converted earlier in the day. "I think that I'll be OK; but if things work out maybe you'll pay my first bill promptly."

"No problem," he laughed. We talked a little more then signed off. By then it was four thirty and I rushed over to Gloria's office, hoping that she hadn't left yet.

Gloria was just getting ready to leave when I walked in. Gloria is always short of cash – I don't know what she spends it on – and since she had wanted to be invited to Wynona's event I thought that she'd receive my proposal with open arms.

"Gloria, how would you like to make $400 cash, and have a really good excuse to go Wynona's country house?"

"Who do I have to kill?" she laughed.

"I need you to take my resignation letter to Wynona's country house. However, you have to get there before Wynona is expected to roll out of bed. When she does you need to give her my resignation letter and tell her that I insisted that you bring the letter to her – although you don't know what it is about – because I told you that it was urgent. Then while you're there you'll observe to the extent that you can what bedroom my husband Niles exits, and then call me on your way back," I explained.

Gloria chuckled. "OK, Amy – you just never say where you got the information I give you if it's juicy, right?"

"I promise; and it will be juicy," I solemnly replied while counting out four one hundred dollar bills into her hands.

*************

Not surprisingly Gloria reported the next afternoon that Niles likely had shared a room with Wynona, and both were hung over. I didn't actually need her report because about the time they would be getting up my cellphone rang incessantly, first showing Wynona's number on caller ID, then Niles, repeating several times, then from a number I didn't recognize that I'm sure was one of the guest's phones used by Niles or Wynona. I let all go to voicemail. I was too busy. I needed to find a new place that day, Saturday, and move as much stuff as I could.

I got a short-term place and a storage facility, and paid three neighborhood High School seniors to help move my stuff. I was on my last load on Sunday early afternoon whey Niles showed up.

"What's going on, Amy? Why did you resign and why didn't you answer your phone?" he asked in a miffed voice.

"I resigned because Wynona contacted you when I told her that I would resign if she did, and I didn't answer my phone because I told you that there would be consequences if you went to her country house by yourself and I didn't want to hear your lame excuses, or how you really didn't fuck her, or you were drunk, or you're sorry and we can get past it," I snarled.

He noticed that my car was loaded. "Where are you going?"

"Away from you – you'll be served with divorce papers tomorrow; have a good life," I sarcastically said as I got in my car and drove off. Niles seemed to be yelling something as he tried to catch up with me, but I couldn't hear him and I wasn't interested anyway.

***************

Monday morning was apparently hellish at Marks & Benton, P. C. Both John and Gloria reported to me that Wynona was on a tirade. She was especially pissed because I wouldn't answer my phone and she knew from Niles that I had left my house so she didn't even know how to find me. That afternoon was seemingly even worse after Kyle Arthur and John laid on her that I would still be handling the trademark/unfair competition suit, the biggest one of the year in the firm.

From the messages that he left, it apparently was a bad day for Niles too once he got served with the simple divorce papers that I had prepared over the weekend and had filed with the Court Monday morning. He must have said a half dozen times in his phone messages and texts "How am I supposed to pay for the house?" My only reply – by text – was "Sell it or let it go into foreclosure – not my problem (smiley face)!"

Everything worked out for me with respect to the trial. Z** Industries rented me a small office in the building right next to Marks & Benton's and the transition was seamless. John could only work part time, but I was working full time on the case and still had the use of the two Marks & Benton associates, although they were sworn to secrecy about my location on penalty of being booted off the case. Fortunately the trial was in a Federal Court about 500 miles away so that Wynona would have to travel to attend the trial.

Although during my first four trials I wasn't stellar – I won the two that I should have, and lost the two that I should have – everything surrounding this case made me more charged up than at any other time in my life, and I really knew the subject matter. The first day of trial couldn't have gone any better. John told me that my opening statement was as good as any he had ever seen, and Kyle told me that it was the best he'd seen. There was only one downer to the day.

As we were leaving the courtroom, Wynona popped up from near the rear, approached me, and with a big sickening smile said "You were really great today, Amy."

I had a sickening smile on my face when I retorted – in a low voice so that Kyle couldn't hear although it's likely that John did – "I don't give a shit what your opinion is, cunt. Go fuck Niles and stay away from me."

Not to be deterred, Wynona followed us to the hotel and was making noises about having dinner with us. At an opportune time I pulled Kyle aside. "Kyle, I'm afraid that Wynona's presence will have a negative effect on my ability to conduct the trial, and I'm certainly not going to interact with her, let alone have dinner with her. I really would appreciate it if you would get rid of her; is that OK?"

Kyle looked somber for a moment, then smiled and said "Consider it done. I'll meet you in the hotel dining room at 7:30."

"Thanks," I said, squeezing his hand, and then went to my room to shower and review witness scripts for the next day.

Wynona wasn't at dinner or at the courthouse the next day.

The second day went just as well as the first – so well that when it concluded the CEO of the defendant – who had been attending the trial – went up to Kyle and asked to talk that night.

On the way to the hotel Kyle told me "From the look on his face and his demeanor I expect our opponent to accept our last settlement proposal. Can you meet with us?"

"Kyle, I think it's best that you meet with him without me – you can take John if you like. I'll be preparing for tomorrow, and I will be of no help at a settlement conference. I'm a warrior – like Xena," I laughed, "not a diplomat. However, if you don't get a settlement better by at least 10% in every way than your last settlement proposal don't settle; we're going to win big!"

"OK," he laughed. "I'll talk to John; you're on your own for dinner."

"Room service," I chuckled.

Kyle called my room at ten o'clock. "At the start of the conference they tried to accept our last settlement proposal. I laughed that off. We settled it for 20% better in every way than our last settlement proposal. You're a genius – Brandon wants you to fly to our office directly from here for a victory celebration."

"You haven't signed the papers yet, have you?"

"No, but we have our secretary working on them and they'll be ready at 7 a. m."

"When the papers are signed I'll stop working. Until then I'm proceeding as if tomorrow is another day of trial," I chuckled.

"OK; but get some sleep," he laughed.

At the time the trial was supposed to start the next day both sides were able to present the judge with the signed settlement and a consent decree for him to enter. The jury was disappointed not to get to decide the case, but the judge allowed us to interview them afterward. Their unanimous impression at that time was that they would have held big for us – but since juries are fickle it was wise to settle on the good terms we reached.

The party at Z** Industries was a blast. At the end of it Brandon and Kyle sat down with me. "Amy; we are very impressed with your abilities. We want you to handle all litigation for us in the future. Start your own firm, hire at least three more attorneys and we'll be there with you. In fact, there are two more infringement/unfair competition cases in the wings."

I was really touched.

I heard that Wynona had a fit when Kyle told her that Z** Industries was transferring all litigation to a new firm that I was setting up, especially since Z** Industries was her longest standing client. While her firm would still handle other matters for them, litigation was where the big bucks were.

I had my new firm – with an associate from Marks & Benson, a transfer from the first firm I worked for, and an opposing counsel from one of my first trials – ready to go within six weeks. It was easy to set up with the big bonus check that Z** Industries gave me as a result of the settlement.

It's now three years later and my new firm – Brach & Associates, P. C. (I went back to my maiden name) – has all of the work we want, without stressing ourselves out so that we don't get hypertension like John did. I still deal with John regularly and we have a good relationship. I've never communicated with Wynona again in any way.

I was forced to go to counselling sessions with Niles as our divorce proceeded. After about the fifth time that he had some lame excuse or stupid proposal and I responded the same way "That doesn't fly," he realized the futility of the situation. He had to sell his precious house – which really hurt him – and we split everything 50-50, with no alimony either way. I haven't seen him since the divorce decree came down and have no intention of seeing him again.

Right now the prospect of another marriage now is one "that doesn't fly." However, I'm getting laid regularly so I'm happy for now; at least until my motherhood juices start flowing.