Cate checked her watch: 1:32 a.m. Argh. She was sitting in front of her computer, working in her home office. She couldn’t sleep after Russo’s visit and she had work to do. Books on built-in shelves wrapped around the cozy study on two sides, mostly novels she couldn’t bring herself to give away, and a low, metal file cabinet sat against the far wall, containing pleadings and forms accumulated during practice. None of those forms would help her tonight.
A porcelain mug of tea grew cold on her left and multicolored M amp;M’s lay scattered to her right. Stacks of printed cases covered her desk, but she’d read them so many times in the past week she’d practically memorized them. She’d felt too paranoid to turn on the lights in the office, so the room was completely dark except for the square of monitor light that shone on the front of her body, illuminating a face scrubbed clean of makeup, a red cashmere bathrobe, and a high ponytail that made her feel too much the rookie for the task at hand.
Cate wrote, Marz premises this argument on his view that Pennsylvania should disregard the well-established precedent of definiteness
She skimmed the line and shook her head. It still wasn’t right. It had to be perfect. It felt so strange, issuing an opinion after Simone’s murder, but it was the court’s obligation. She deleted the sentence and wrote another.
Plaintiff premises this argument on his view that Pennsylvania should disregard the well-established precedent of definiteness
She paused, her hands on the keyboard. She’d been given a rough draft of the opinion by Emily, but it needed work, and in any event, Cate wanted every line of this opinion to be completely her own. She knew the press and her colleagues on the court would parse every sentence. She had to prove herself rock-solid on the law, especially because it had cost a man his life.
The precedent of definiteness of contract is well-established in Pennsylvania law and
It had hurt Cate to read the transcripts and to remember Marz on the stand. And Russo. But it had to get done, and the sooner, the better, so the press could quote from an opinion and get the facts right. Her stomach rumbled, but she hadn’t felt like eating, except for the M amp;M’s, which were medicinal.
Pennsylvania courts have always insisted that a contract be definite in its terms, especially where, as here,
Cate fussed with the sentence, trying to keep Russo and Simone in the back of her mind, in their proper compartment. But nobody was staying put in her head tonight, least of all Graham. She had called him after she hung up with Gina, but he wasn’t home, so she’d left him a message thanking him for the flowers and asking him to call her, no matter how late he got in.
It’s easier to avoid commitment than to sit around and wait for a man to call back.
Cate was kicking herself. She checked the clock again: 1:35. Graham must be in by now, right? Unless he had a date. And if he had a date, he should be home by now. Unless he was sleeping with someone. How many frigging bracelets did the man give out?
I hate Graham Liss. Unless he e-mailed me, which counts.
Cate brightened. She hadn’t thought of e-mail. It was late, and maybe he didn’t want to call and wake her. She moved the mouse to minimize the draft opinion and clicked onto Outlook Express for her e-mail, skimming the list of senders: The New York Times Direct, the Ritz-Carlton Reservations, Astrologers, USAToday.com, and the Benjamin Franklin Society. No e-mail from Graham.
Cate didn’t get it. He was the one with the full-court press. He was the one who called all day and sent the stupid flowers. He’d better have a good excuse for not calling, like a car accident. If he didn’t have an accident, she could run him over. She clicked to minimize Outlook, then thought better of it. She didn’t want to keep checking the little white envelope like an obsessive-compulsive, so she went into Options and checked the box that said, “Play sound when new messages arrive.” Then she minimized Outlook and got back to work.
It is axiomatic in Pennsylvania law that contracts must be
Cate kept going, finally producing a reasonably respectable discussion of contract law, writing and rewriting as she went, fueled by M amp;M’s and her drive to perfect the opinion. At some point, she realized that the process of writing was proving cathartic, and as it got later and later, and the world grew ever more still, she forgot about Graham, Simone, and even Russo, and worked efficiently and well, realizing that her truest reader wasn’t the press or even her colleagues on the court. She was writing for Marz, wherever he was, in order to explain to him, somehow, some way, as best as she could, that there was a good reason that he lost his dream in her courtroom. That there was a principle, which applied to him and all of us, and abided for all time. The principle embodied the law.
Cate typed the last line. For all of the foregoing reasons, the Court grants defendant’s motion for Judgment as a Matter of Law Under Rule 50 and Judgment in favor of defendant and defendant company is hereby entered. SO ORDERED.
Ping! Cate jumped, startled. It took her a minute to identify the sound. Outlook Express. She had gotten an e-mail. Graham! She checked the clock. 3:12 a.m. About time he got home. She minimized the final opinion and opened Outlook, where a single name sat at the bottom of the sender list, in boldface.
Not Graham Liss. PhillyNewsDirect. Another news service. She was about to click away when the subject line of the e-mail caught her eye.
TODAY’S HEADLINES:
LAWYER FOUND DEAD, A SUICIDE
Cate clicked on the e-mail. It opened instantly, and she read with horror:
Former Assistant District Attorney Richard Marz, of Philadelphia, was found dead in a car at approximately 2:01 a.m. this morning, the victim of an apparent suicide, by gunshot. The car, a blue Subaru sedan, was found in a remote section of Fairmount Park by students from Temple University, during a late-night hazing ceremony. Police had been seeking Marz in connection with the shooting death on Tuesday night of Hollywood television producer Arthur Simone, creator of the hit show Attorneys@Law. Marz had unsuccessfully sued Simone for breach of contract in connection with the show, and lost his claim for damages in federal court.
At the time of his death, Marz was found in possession of a.22-caliber pistol, also reportedly the type of weapon used in Simone’s murder. Police had no comment, though a press conference will be held today at 10:00 a.m.
Cate’s mouth went dry. She leaned back in her chair, stunned. She read the story over and over, until she could finally make herself believe it was true.
Then she put her head down on her keyboard and cried.