Date: Sun, 22 Oct 2023 20:07:01 -0500 From: William Marshal Subject: Breach of Contract 7 Breach of Contract CHAPTER 7: Mile High City After checking into the Hilton at Logan Airport, in Boston, Ian and Matt headed off to the Long Wharf. There are several Legal Seafoods in Boston, but the one on the Long Wharf was where Ian's parents liked to go. Ian's father liked zoos and aquariums, so his parents would often spend the day at the nearby New England Aquarium then meet him for supper after his last class. Ian and Matt had a nice date. While neither Ian nor Matt called it a date, and both were still unsure of where they were going, It was clear their relationship was going somewhere: be that friends, friends with benefits, or something more. Before they walked into Legal Seafoods, Ian said, "During dinner we don't talk about our past or the future." So, conversation was filling each other in on who they were at that moment in their lives. When a person hasn't had contact with someone for years, it is easy to believe who they were is still who they were. Matt was very surprised to find out how well travelled Ian was. Travel was one of Ian's passions and he spent a couple of weeks abroad each year, as well as frequent trips to various places in the U.S. While not a partner in his law firm, Ian enjoyed many of the perks of being a partner, including considerable say about his schedule and clients. It was clear Preston, Robb, and Moore were very keen to keep Ian in the fold. Matt was also surprised to find out that Ian was very much the uncle and godfather to both his nieces and nephews and to Heather's children. He had even helped his brother coach youth basketball and soccer. Most impressive was that Ian was a volunteer at a youth shelter. Ian got involved in youth homelessness when he was at a meeting of gay attorneys, and the speaker said between 20-40 percent of all homeless youth are LBGTQ. For his part, what surprised Ian was that Matt the party animal had become Matt the family man. Everything else in Matt's life took second place to his children. While that fact was something Ian would have to consider before any serious relationship with Matt, it also made Matt even more attractive to Ian. Ian also heard more about Matt's pro bono legal work with low income people and immigrants. As Matt talked about his cases, it began to dawn on Ian that Matt was a much better lawyer than his father-in-law had brainwashed Matt and the firm's partners into believing. What Matt needed was a couple of hundred CCs of ego and a less toxic environment. The two also shared several athletic interests, including continuing to play intramural basketball in a 30+ league. Matt was surprised that Ian had gotten into sailing. Sailing was something Matt had wanted to do, but he never lived anywhere that really allowed him to learn. Ian promised that he would teach Matt how to sail and teased Matt about being the captain's cabin boy. For his part, Matt was perfectly fine with being a cabin boy. They also talked about their families. Ian's family could have been the subject of a Norman Rockwell painting, if Norman Rockwell decided to include the gay son at the holiday table. On the other hand, Matt's family was right out of a Tennessee Williams play. Domineering father who imagined himself socially and politically more important than he really was; a mother teetering on the edge of a mental breakdown; a sainted younger brother whose promise was cut short; and starring the handsome, athletic, and closeted older brother living the fiction of someone else's imagination. The final thing they had in common was they both liked to eat and drink well. Both started with New England Clam Chowder. Matt ordered a combo of lump crab cake, grilled shrimp, and seared scallops, and Ian ordered Gulf of Maine lobster baked, stuffed with shrimp and scallop stuffing. "I am so stuffed," Matt said after finishing his last bite. "I second that," Ian said. "Let's head back to the hotel and relax. Our flight leaves at noon tomorrow and gets into Denver around three." When they got up to their room in the Hilton, Ian said, "I want you to write an email to Ellen and CC her father. Tell them you will be in tomorrow and will be checking into the Airport Hyatt House. I have booked us a two bedroom suite. Say you want to have the kids for the weekend, Friday after school to Sunday afternoon. Also, you will be at the law firm Friday morning to collect you personal possession and finalize you separation from the firm, then you will go to the house to collect your possessions. Finally, you want a meeting on Monday to discuss their divorce proposal. However, don't send the email until we are just about to board the plane. Also, tell them you have retained new counsel. It's time to tell them I am coming." Matt looked at Ian suspiciously, and asked, "What is going on? You're up to something." Ian smiled and said, "Buddy this is the deal......." The next morning Ian and Matt got up, each grabbed a shower, then they checked out, dropped off the rental car, and went to the terminal building. They found a place serving breakfast and ordered. When they sat down, Matt said, "You paid for breakfast...again. In fact; you bought the plane tickets, paid for the hotels, the stuff we did in P-town; I'm beginning to worry that I am becoming a burden you won't want to keep carrying." "Look Matt," Ian said with a smile, "I told you I'm running a tab, and your ass is collateral." "I'm serious, Ian. I don't want to..." "So am I! I am very serious. I have plenty of money, I'm a respected and valued attorney, I'm healthy, I can travel, I have a great house, I have had lots and lots of sex;..." "Now you're just making me feel bad," Matt said with a wry smile. "No, I have everything, except someone to share it with. Believe me, I've tried to find someone, someone who can make me feel the way I did with you in law school. I know, I know, it's crazy, but even when I was screaming at you that first night of the reunion in the middle of all my anger and hate, I was still yearning to build a life with you. At the end of this, that yearning will either be obliterated or realized, but I will not live the rest of my life wondering `what if.' I will not regret not trying." "Wow," Matt said completely taken aback by Ian's declaration. Now send that email. We need to get to our gate for boarding." When Ian and Matt boarded the plane, Matt was surprised to find out they were flying first class. Ian said, "Economy seats were not build for someone who is 6'2", something I learned the hard way on my first flight to London." When they were in the air and could turn on their phones, Matt's phone again started blowing up with texts from Ellen and her father. "Well, it looks like they got the email." "It may be a bit late to ask this, but are you okay with me as your legal representation?" Ian asked. "Yes! Marriage and Family Law may not be your specialty, but after what you said at breakfast, I know I won't find anyone who will fight harder for me than you." Ian smiled and said, "I might be reckless getting involved with you again, but as a lawyer I am still cautious, so you will have a co-council. Kyle Voelker from my firm will be joining us via conference call. He's one of the best family lawyers in the country. He's the guy I sent your prenup and their divorce settlement offer to for an opinion." Matt thought for a minute and then said, "I don't know what to do, so I think the only thing I can do is trust you." Ian smiled and said, "I'll take care of you. So, as your attorney, I am advising you to tell Ellen and her father to send anything regarding your employment or pending divorce to me, and anything of a personal family nature to you." "What if it deals with both personal and employment?" "Then let's see who they send it to. It will be interesting to see how they define personal family vs. business." "I suspect you are already a step or two ahead of them, and they don't even have a clue," Matt said. Ian just smiled. Ian had turned off his phone during the flight. He never liked having to hear other people's conversations. There were times he appreciated the good old days when the `friendly skies' were a cellphone dead zone. So, when they were finally in the rental car, he turned on his phone to get directions to the hotel. Instantly, it began to vibrate telling him he had messages. Ian looked at Matt, and said, "Damn, doesn't Ellen or her father have anything to do besides send texts and make calls." Matt rolled his eyes and said, "On a normal day, I would get at least four texts a day from Ellen. Somedays it could be ten or twelve. One time she was hosting a dinner party, and I got 23 texts with reminders of things I needed to do or pick up for the party." "Not to pick at a sore point, but when did she have time to have an affair?" Matt laughed, "The two-hour dead periods should have been my tipoff she was up to something." "Well, I'm a bit torn. On the one hand she shouldn't be communicating directly with me now that I am your attorney. But, on the other hand she has said a few things that would make her attorney cringe." "So, what are you going to do?" "After we get checked into the hotel and get something to eat, I will draft an email to Ellen's attorney and the firm's in-house counsel stating that I am your attorney and I have received direct communication from Ellen and her father regarding your divorce and/or employment. I will also remind the attorneys that I am ethically prohibited from replying directly to their clients' inquiries without getting your consent or notifying their counsel. I am sure Ellen's attorney will muzzle her, but what I am more interested in knowing is how much Patterson's partners know about his involvement in you being transferred to Amarillo." "Do you think Patterson did something wrong?" "Hell yes, but probably nothing we can use in court, at least not yet. My guess is that when we go to the office on Monday, we'll find out whether his partners think there is something that exposes the firm to legal jeopardy." It was 8 p.m. by the time Ian finished drafting his letters to Ellen's attorney and the firm's in-house council. He pushed the send button, and said, "Well, that should put an end to the torrent of emails and phone messages." "So what do we do now?" Matt asked. "Well, I am going down to the fitness room and burn off some calories and energy. Are you interested?" "That sounds like exactly what I need." As far as strength equipment, the fitness room was pretty basic. A weight machine, a couple of benches, and dumbbells. However, it did have some decent cardio equipment and Ian chose a recumbent bike and Matt went for the treadmill. Ian found a station playing old M.A.S.H. reruns, picked one of the bike's workout programs and got into a zone. An hour later the readout said he'd done 19.6 miles and he had a good sweat going. After 30 minutes on the treadmill, Matt had switched to the weights and was getting a good pump. Since they were the only two people in the workout room, Matt had removed his shirt and was watching his form in the mirror. "Damn" Ian thought, "He is fucking hot." Little streams of sweat were running down his torso and disappearing into the waistband of his shorts. His nipples were standing erect on his straining pecs. And each time he pumped one of the dumbbells, his cock swung freely in his athletic shorts. Ian smiled when it hit him that the bastard wasn't wearing any underwear. Matt looked over and smiled knowing full well Ian was turned on by what he saw. So Ian decided turn about was fair play. He lifted an arm, took a sniff of his pit, and said, "Damn I stink. It's time for a shower." "Oh no you don't;" Matt said, "not until I get a whiff or two of that jock scent." "Then you can bring that piggy nose upstairs and rut around in my pits all you want." Matt quickly racked up the weights and was hot on Ian's trail. In the elevator, Matt said, "I bet your ass has a good musky funk going as well." "Man you aren't a pig, you're a full on hog." "Yes I am. I love the smell of a locker room after winning a game. The sweat and testosterone are to boys and men what roses and perfume are to girls and women." "You are crazy," Ian said. "Actually, I'm not," Matt said. "Researchers actually did a study on the smell of testosterone and found that people perceive it differently depending on the genetic makeup of their olfactory sensors. Some people think testosterone smells like vanilla, others think it smells like urine, and others can't smell it at all." Ian laughed, "Well I don't think you're going to get far trying to convince people to lick your sweaty ass because it smells like vanilla ice cream." The two were laughing so hard that when they got off the elevator, they heard one Karen say to another that it was disgusting to see two men so drunk. Of course, the comment only made them laugh all the harder. However, once inside their suite, Matt pushed Ian against the wall, lifted Ian's arms above his head, and buried his face in Ian's sweaty pits. When Matt finally came up for air, he said, "Man I need your cock buried in my ass right now." Ian immediately knew there would be nothing romantic or tender about sex that night. Ian also learned the meaning of a dominate bottom. Matt was in total control of the session. At Harvard, Matt was the more sexually assertive one, and Ian had noticed that was missing from their recent sex, but it had suddenly returned with a vengeance. Matt pushed Ian down on the floor and lubed his stiff cock. Then Matt slowly impaled himself. When he had taken every inch, Matt leaned forward and again buried his face in Ian's pits. After a couple of deep breaths of the heady aroma, Matt started fucking himself on Ian's throbbing cock. Suddenly, Matt sat straight up and his cock exploded like the Fourth of July. Stream after stream spewed out and landed on Ian's hairy chest. The sight was thoroughly pornographic and Ian could not have held back even if he had wanted to. His cock erupted inside Matt and filled him with warm creamy jizz. When they were both spent, Matt lay down chest to chest on top of Ian and the two kissed. However, the carnal madness had passed, and the kisses were now tender and affectionate. Ian looked up at Matt and smiled, then added, "Are you satisfied?" "I will never be satisfied, only temporarily appeased." "Well piggy boy, can I take a shower now?" "Only if I'm allowed to wash you." The shower was warm and Matt's touch was so therapeutic. Ian could not remember any previous time he was so relaxed and content. Ian intended to do everything he could to salvage Matt's legal career, but in the back of his mind, Ian wouldn't mind Matt just being his househusband...or houseboy. The next morning, Ian was getting out of the shower, when his phone started ringing. He checked who was calling and saw it was Vance Moore. Ian answered and said, "Vance, what's up?" "So, you've abandoned my team in real estate and development to waste your talent as a divorce lawyer." Ian walked into the other room so Matt wouldn't hear his conversation, then said, "No, where did you hear that?" "It seems that Braden Preston, you remember him...senior partner, one of your bosses...well, he got a phone call this morning from one of his law school classmates, a guy named Patterson Norris..." "Oh shit," Ian said. "Yes, oh shit. So the first thing this morning, before I even had my first cup of coffee, I get a text that there would be a senior partners meeting this morning to discuss a certain Special Counsel gone rogue. Do you know who that S.C. might be?" "Me!" "Yes you!" "Am I fired?" "What? Of course you're not fired. We don't fire good attorneys who could easily end up at another firm and take some very important clients with them. Oh, and don't think I can't hear you smiling, you smug little bastard." "FYI, there is nothing little about this bastard" Ian said with a bit of sass. Vance laughed, "Damn, I miss you being in the office everyday. But seriously Ian, we aren't keen on one of our people going freelance. What's going on?" So, Ian filled Vance in on Matt and what was going on. When Ian finished Vance could tell that Ian was getting emotional and he asked, "Are you too invested in Matt to be a good attorney?" "I don't know," Ian said. "I thought I could be objective, but now..." "Look Ian," Vance said, "you know I think the world of you as a person and an attorney. However, I think you need help. So, I want you to check in with our Denver branch. I will let them know to expect you. Also, we are sending Kyle Voelker out to Denver on Sunday. I think he's already somewhat familiar with this case." "Please tell me I didn't get Kyle in trouble." Vance laughed, and said, "Preston, will give the kid a hard time, but Kyle is golden. Preston is putting him up for partner, and I'm sure he will accept...unlike a certain ingrate asshole I know." "I may be an asshole," Ian said, "but I am not an ingrate. I hope you know that I appreciate everything you have done for me." Vance said, "I know. One last thing, Preston told me to tell you that you'd better win because he can't stand Patterson Norris." "Yes sir." Ian went back to the bedroom and said, "It's time to get moving we are expected at my firm's Denver office this morning." "Is something wrong?" "No, but my firm is concerned I may be getting too far out of my lane, and that I am too personally involved." "Do they know about us?" "I filled Vance Moore, the head of my department, in on the broad outlines of our relationship. I absolutely trust Vance and his judgement about what to share with Preston, Robb, and anyone else who needs to know the status in the firm." "What did you tell him about us?" "I told him we are wild-ass fuck buddies that can't keep our hands off of each other." Matt threw a pillow at Ian, and said, "You did not say that. What did you really tell him." "When Vance finally got around to asking, I told him we were still trying to figure that out. Then I added, at this point, `unofficial boyfriends' is the best description." "What's the difference between `official' and `unofficial' boyfriends?" "Me being 100 percent convinced that you are not going to get cold feet and runout on me again." "Oh," Matt said and looked down at the floor. Ian walked over and put his arms around Matt and kissed him, then said, "Look, we both know that if it comes down to a choice between me and your kids, you will choose your kids. I understand that. In fact, I would be telling you that is the right choice regardless of how much it hurts to let you go. So, until your parental rights are legally secure, I realize that the two of us are contingent." Matt kissed Ian and said, "Thank you for understanding." "Now get showered and dressed. I need to get some breakfast." While they ate, Ian asked, "Have you heard anything about picking up the kids for the weekend?" "Ellen is giving me the run around on that. She has all kinds of excuses about why this isn't a good weekend." Ian thought for a minute, then said, "Send her a text saying you understand and, that we can stay in Denver until next weekend if that works better. Be sure to cc her attorney on the email." "Really?" "Sure, but I am betting this weekend will suddenly become free. They obviously don't want you hanging around Denver and running into mutual friends, colleagues, and clients. That's why they wanted you to got straight to Amarillo. Tell her, you're going to show me around town, maybe do some shopping, or attend the theater, a concert, or a baseball game. Anything that increases the chance you run into people you and she know in common." An hour after Matt sent the email, Ellen's attorney called Ian to arrange the details for Matt picking up the kids from the house at five that afternoon. When Ian filled Matt in, Matt smiled and his eyes got a bit teary. He was missing his kids even more than Ian had realized. After breakfast, they had a 35 minute drive to the Denver branch of Preston, Robb, and Moore. The offices were in a building near the Federal Courthouse. The primary reason the firm had a Denver office was because the 10th Circuit Court of Appeals was located in Denver, and the Denver office could represent the firm's clients' appellate interests. When Ian and Matt got on the building elevator and pushed the button for the 12th floor, they heard someone yell to hold the door, and Ian stopped the doors from closing. A well dressed man in his late twenties, hurried onto the elevator and reached to push a button for his floor. When he saw that the 12 was already lit, he looked to see who else was on the elevator with him, then smiled and said, "Matt buddy, what are you doing here." Matt smiled and said, "Nathan, this Ian Coburn, he and I were roommates in law school. He is an attorney at your firm's Chicago offices. Ian, this is Nathan Ramos. He and I both volunteer at the same legal assistance organization." Nate and Ian shook hands and exchanged pleasantries. Then Ian said, "Well Nate, to answer the question you just asked Matt; we're here to see you." Nate's eyes suddenly grew wide. When they got to the offices, they were met by Paul Robb II. Paul was the son of the Robb in Preston, Robb, and Moore and the managing senior partner in the Denver office. After introductions and shaking hands, Paul turned to Nate and said, "You are looking at something as rare as a Sasquatch sighting. Ian Coburn is the only attorney to turn down a partnership at Preston, Robb, and Moore, and a partnership offer that was being pushed by one of the firm's named partners at that." "Wow!" Nate said in amazement. "You turned down a partnership!?" "I didn't want the extra work," Ian said. Paul laughed and told Nate, "Don't you buy his bullshit, he's one of the hardest working attorneys at the Chicago offices. The firm actually created the position of Special Counsel so we could justify billing clients what this guy's services are really worth." "Matt," Paul said, "I sent Ian a text that you would be working with Nathan here. Is that satisfactory." Before Matt could answer, Nate jumped in and said, "Matt and I are friends and colleagues. We both volunteer at the Front Range Legal Assistance Agency." "Oh," Paul said, "I didn't know that when I assigned this to Nate. Will that be a problem?" Matt smiled and said, "Not for me. Frankly, I'd rather be working with someone I already know." Nate also said it wasn't a problem. Then the four headed for a conference room. Once the conference room doors closed, Ian said, "Before we start, you need to know that Ellen Norris-Harris, Matt's wife, has filed for divorce, which is what this meeting is about. Patterson Norris, of Logan, Norris, and Love, is both Ellen's father and a named partner at the law firm where Matt is employed. Ellen admits to several affairs during their marriage, including one currently ongoing with an attorney, soon to be made partner, at Logan, Norris, and Love." "Ouch," Paul said, "This is a script right out of Hollywood." Ian then said, "Well this script has yet one more twist. Matt was completely faithful from the day of their marriage through the day Ellen filed for divorce. However, Matt and I were involved while in law school, and last weekend we reconnected at our alumni reunion." Matt looked at Nate and asked, "If this is not something you are comfortable with, I'll understand if you would rather I find a different attorney." "When Paul told me he had assigned this case to me, he didn't tell me you were the client or any of the details. He did however tell me that it could be messy and he was assigning it to me because I worked three years in a family law practice and because...I'm gay. So, now that I know it's you who I will help represent, I am even more onboard." Ian and Matt were both surprised and happy hearing Nate's answer, and Paul smiled, then said, "I'll leave the three of you to work out your strategy. From what I understand you have a meeting at Logan, Norris, and Love in two hours. So, you have some work to do." They called up Kyle Voelker and quickly brought everyone up to speed and mapped out a strategy. Ellen had agreed to Matt collecting his clothes and personal items that afternoon. Kyle said, "Ellen will be out of the house by 1 p.m. and the kids get home at 3:30. Is two-and-a-half hours enough time to get your possessions?" "It should be. I have been living in a friend's guesthouse since Ellen filed for divorce, so most of my clothes are there. Mostly what I have to collect are things like my sports equipment, mementos, books...oh, and woodworking tools." "You do woodworking?" Nate said with surprise. "Yeah, I started a couple of years ago to take my mind off of...well off of things." "I see," Ian said, then both he and Nate burst into laughter. Nate added, "It keeps your hands busy as well." Matt blushed and said, "How did I end up with two perverts as my attorneys? I need to take a piss." "Just be careful it doesn't turn into a woodworking session," Ian said, and Matt flipped him off and headed down the hall. Nate took Matt's absence as an opportunity to say a few things to Ian. "I don't get it," Nate said, "I've worked with him at Front Range for three years now, and from everything I've seen Matt is a very good attorney, especially in court. So, I don't understand why his firm treats him like crap and gives him grunt work to do. I looked up Matt's past cases, and until four years ago he was really doing the type of work that a lawyer on a partner track should do, but then overnight that changed. I also know that Patterson Norris was the lead in a really big case they lost four years ago, but I don't know if Matt had any involvement in the case or not." "Interesting," Ian mused, "I need to make a phone call." When Ian, Matt, and Nate arrived at the offices of Logan, Norris, and Love two minutes before the meeting was to begin, they were shown into a conference room with a glass wall looking out into an open area filled with what Ian presumed were legal secretaries and paralegals. Across the room, were three very nice offices, which Ian guessed belonged to the big dogs. They were kept waiting for ten minutes, before two men walked into the conference room and introduced themself. The older one was Gavin Richards, the in-house counsel for the firm, and the younger was Michael Frye, an assistant in the Human Resources department. The legal counsel said, "Mr Harris, since you are refusing to accept the transfer to the Amarillo office, that is considered a resignation, and you are not entitled to any severance compensation. However, the partners have generously agreed to pay you $50,000 in appreciation for your past service to the firm." Ian stepped in and asked, "Who made the decision to transfer Mr Harris to the Amarillo office?" Richards said, "I am not prepared to discuss firm staffing decisions as part of this meeting." Ian said, "I perfectly well understand that. My firm's legal counsel would give the same answer. So, I will just have to save that question for when I depose Mr. Patterson Norris, and possibly Mr. Logan, Mr. Love, and Mr. Wiesel, the managing partner." "What possible reason would you have to depose anyone regarding an internal firm staffing decision?" Richards asked. "For interference in parental rights, and conspiracy to interfere in parental rights." "What kind of nonsense is that?" Richards said with irritation. Ian responded, "Mr. Harris received a series of emails, texts, and phone messages from Mr. Norris and his daughter that, when taken together, establish an intent to interfere with Mr. Harris' custodial and visitation rights by transferring him hundreds of miles away to another state. To the degree that Mr. Logan, Mr. Love, and Mr. Wiesel are willingly participating in this transfer, we consider it to be a conspiracy." Ian's phone rang and Ian said, "Excuse me, I have to take this call." Then Ian leaned over to Nate and said, "Make sure he doesn't sign anything." Ian noticed Richards was occasionally looking across the sea of grunts to the offices of the big dogs. So, when Ian returned he looked at Frye and handed him a piece of paper. "What is that?" Richards asked. "It is notice of our intent to subpoena Mr. Harris' performance reviews, letters of discipline or reprimand, billable hours, and any documentation in regard to his consideration for partnership for the last eight years. Therefore, you are not to destroy, alter, or tamper with them as of this notice." "What kind of fishing expedition are you on Coburn? This is bordering on harassment and is beginning to look like a shakedown." "We have identified a curious trend related to a case Mr. Norris was lead attorney on four years ago. You may be aware of it: Parks, et al. vs. Albertan Mining, Inc. Logan, Norris, and Love were the attorneys for Albertan Mining, and you lost, costing your client millions of dollars and its eventual bankruptcy. There were a number of screwups by Albertan Mining's counsel that many observers and stockholders believe resulted in the jury siding with the plaintiff. It turns out that the debacle was blamed on the associates rather than the lead attorney Mr. Norris." "Now this is the curious aspect of this case. Of the six attorneys that worked on the case, only two, Mr. Norris and Mr. Harris remain at Logan, Norris, and Love. After today, that number will drop to one. Also, of those six attorneys only Mr. Norris is a partner at any law firm. One committed suicide after being disbarred, two have left the profession, three have been treated for substance abuse, one has been forced to declare bankruptcy, and of the six, everyone except Mr. Norris is divorced, legally separated, or is in the process of getting a divorce. We will be talking to these attorneys and people close to them to determine whether actions were taken by this firm to scapegoat the associates to protect the partner, Mr. Norris, and the damage it had done to their lives and careers." Richards smiled and said, they can't talk to you, they have all signed NDAs." "Not all have signed them yet. I am guessing that one of the documents in that folder Mr Frye has is an NDA you want Mr. Harris to sign. I am also willing to wager that the $50,000 severance offer is not out of the goodness of the partners hearts, but as the consideration offered to put teeth into the NDA." Ian paused, smiled and then said,"So, Mr. Frye are you an attorney?" "No, my degree is in human resource management," Frye said. "Still, I'm betting you know what `constructive discharge' is, right?" "I have a pretty good idea what constitutes constructive discharge," Frye said. "It is wrongfully forcing an employee to resign by harassment, mistreatment, and reduced pay for non-work-related reasons." "Great," said Ian, "a textbook definition of constructive discharge." "That can be very hard to prove," Frye said. "Yes Mr. Frye, it can be when it is an isolated case. However, if there is a pattern of such a practice, juries are far more likely to believe it happened. Interestingly, one of the most effective ways to pierce an NDA is with a subpoena." Richards saw where Ian was going and said, "Hypothetically, let's assume we, for some wild reason, were to believe you are able to find that one rogue judge in Colorado who buys your theory that Mr. Harris `might' have been constructively discharged. If you are allowed to go on this fishing expedition, what type of damages would you be seeking?" Ian huddled with Matt and Nate then said, "Three million dollars, plus attorneys' fees, and a guarantee that the senior partners will write Mr. Harris positive letters of recommendation." Richard's laughed and said, "You're insane. How in the hell do you get a number like that?" "A partner in this firm has averaged $750,000 over the last four years. It is our contention that whatever happened in the Albertan Mining debacle was unfairly blamed on the associates and cost several of them, including Mr. Harris partnerships." "I will present this to the partners, but don't hold your breath." Richards said. Richard walked across to the big dog's offices and soon there were four or five suits gesturing wildly and screaming at each other. Not only was Ian watching what was going on, but the secretaries and paralegals had also stopped working and were enjoying the spectacle. Frye was obviously uncomfortable sitting alone with Ian, Matt, and Nate. Finally, he asked, "Does anyone want some coffee or a soda?" Ian and Matt said they would like some coffee and Nate was in for a Dr. Pepper. In a flash Frye grabbed his folders and was off to get the drinks. When they were alone, Ian asked, "So which one is your father-in-law?" "The one whose face is as red as a baboon's ass." Just as Frye returned with the drinks, Patterson stormed out of the meeting and appeared to head for the exit. Ian noticed that things seemed to calm down in what he presumes was a meeting of the managing partners. Finally, Richards came back with a document and said, "Against my advice, they have agreed to offer $100,000 a year for three years, making the agreement $300,000, attorneys fees, and letters of recommendation from Logan, Norris and Love. In exchange, Mr. Harris will waive all rights to any other damages or compensation from Logan, Norris, and Love, and he will sign the NDA. Ian, Matt, and Nate huddled and then Ian said, "Change the compensation to $500,000 for three years, for a total of $1.5 million and it's a deal." Richard sent a text, and a few minutes later received a reply. He looked at it, and then said, "We have a deal." He then struck through the numbers, wrote in the new amounts, initialed the changes, signed the document, and handed it across the table to Matt. "I will go and get the final draft of the agreement and your check. Mr. Harris, Michael will take you to your old office so you can collect your personal items." "It didn't take long for Matt to clear out his office. He was not the sort of person to spend hours personalizing a workspace. He took his Harvard law degree and his law license off the wall. He put a picture of his kids in the box, and threw a picture of Ellen in the trash. He grabbed a pen and pencil set his father had given him when he passed the bar and a couple of coffee cups. "Well, that's it," he said, grabbed the box, and walked out of the office. The associate offices at the firm, were actually on the floor below the main office, and in reality, were more a cubicle farm than offices. As Matt walked to the door, a lot of his fellow associates stepped out of their cubicles to say goodbye or just pat him on the back. There was even a group of five or six partners who came down to say goodbye. The truth was, Matt was the sort of guy people liked and were happy to call a friend. Once back in the conference room, Richards had returned with the contract and the check. It only took 15 minutes to sign the documents and they were ready to leave, but Richards stopped Ian and said, "Mr. Logan would like a minute of your time." Geoffrey Logan was in his late 60s and grandfatherly, except for his eyes, which screamed alpha of the pack. Logan told Ian to have a seat then handed him a glass of bourbon. "I'm not sure if I just witnessed good lawyering or great poker playing." Ian just smiled and sipped his whiskey. Logan returned the smile and took a sip of his own. Then he said, "Tell my nephew hello when you see him." Ian was puzzled and asked, "Who's your nephew?" Logan smiled, lifted his glass, and said, "Vance Moore." Ian lifted his glass as well, and the two finished their drinks, and Ian left without another word. When they were outside on the sidewalk, Nate said, "That was amazing to watch. So, what are they trying to hide." "I have no idea," Ian said. "Sometimes you don't have to know what they're hiding, just how desperate they are to keep it hidden. The minute Richards said he'd take that ridiculous $3 million offer to the partners; I knew they couldn't risk me running amuck with subpoenas and digging into Albertan Mining. My guess is Norris fucked up royally, and they are afraid that it will get out that a named partner is an idiot. That call I got was to confirm what I suspected, that ever since the Albertan Mining suit, he's been lawyering with training wheels. He hasn't been in a courtroom by himself or as first chair in nearly four years." Nate looked at his watch and said, "I would love to talk with you guys more about this, but you'd better get going to get Matt's things from the house and pickup the kids." When they arrived at the house to pick up Ian's possessions they were met by the housekeeper and Ellen's attorney. After introducing themselves, they got down to business. The movers were already there and Matt had them start in the old carriage house where his woodworking tools and sports equipment were located. Ian immediately knew he was in Matt's Temple of Solitude. On the ground floor where once the horses and carriages were kept were Matt's tools and sports equipment. Matt obviously enjoyed the outdoors, he had kayaks, mountain and road bikes, camping equipment, and snow skies. Of course, he also had golf clubs and tennis racquets for his obligatory Country Club appearances. On the second floor, in what at one time had been the stable keeper's apartment, and later the chauffeur's residence, Matt had his home office and man space. Matt told the movers that everything in the old carriage house was his and needed to go. While the movers packed and loaded Matt's office, shop, and athletic equipment, Matt and Ian went into the house. Matt led Ian and Ellen's lawyer upstairs and into a small bedroom at the far end of the house that had at one time been a maid's room. Matt said with a bit of embarrassment, ""This has been where I have slept for the last year. I..." Ian put his hand on Matt's shoulder and said, "Buddy, you don't need to explain." Matt and Ian set about cleaning out the closets and drawers. Then they did the same in the bathroom. After moving all of the boxes to the front foyer. Matt and Ian went into the library. Matt began pulling books off of the shelves and putting them on the library desk for Ian to box up. At one point Matt pulled a box from the shelf and found a memory book and a couple of documents, he then said to Ian, "I found them." Ian came over to look, and said, "Yes." Ian looked to see that Ellen's attorney was still standing in the hall, then said, "Take some pictures, and then put everything back." They finished packing and met the movers in the foyer. They were just loading the last of Matt's bedroom contents. So, after handing them the boxes from the library, Matt gave them the address of the friend he'd been staying with for the last three months and told them to meet him there on Tuesday to load it up before heading to Chicago." The movers had been gone for about 20 minutes when Matt's children arrived. Ellen hadn't told them that they would be spending the weekend with Matt, and they were very excited. Little Ian immediately held up his hands for Matt to pick him up, and once in his father's arms refused to let Matt put him down. Matt introduced Ian to the kids, and said, "I would like you to meet my friend Ian..." "His name is Ian too?" Little Ian asked. "Yes it is. I see this could be confusing," Matt said. Ian smiled and said, "How about you guys call me Big E. That was my high school nickname." The kids smiled and nodded. Matt said, "Well that works. So, Big E and I would like to take you guys on a little weekend vacation. We have a really neat hotel suite, and we plan to do some fun things. How does that sound?" The kids jumped up and down and cheered. "Well, Matt said, "We need to get some clothes for you. So, why don't you run up to your rooms and get out some clothes you'd like to wear, and I will be up to help you pack." As the kids started to run off, Matt yelled, "Don't forget your swim suits," and the kids cheered. After the kids were packed and Matt checked that they had everything, they went downstairs. When they stepped outside, they ran into Ellen's lawyer talking to a well dressed, thirty-something. Little Ian whispered in Matt's ear, "I don't like that man." From the reaction of Bobby and Mandy, neither did they. The guy walked over and said with contrived collegiality, "Matt, I missed you this morning. I had a case in federal court." Matt coolly said, "Ian, this is Fletcher Rockford. Fletcher, this is Ian Coburn." "So, this is the Ian Coburn that created all the stir this morning," Fletcher said. "From what I hear you caught some of the partners flatfooted. A bit embarrassing for them. I'm sure the next time they won't be so casual when they see you on the other side of the table." Ian smiled and said, "I guess I will take that as a compliment." "That is certainly how I intended it." Bobby suddenly blurted out, "Mommy is not here." "Yes Robert," Fletcher said, "I know your mother isn't at home. Why don't you take your brother and sister and go to the car so I can have a little chat with your father and Mr. Coburn?" Bobby looked up to Matt and got a nod. So he took his brother's and sister's hand and walked to the car. When they were out of earshot Fletcher said, "Look you two, I don't know what your game is, but I am warning both of you this won't go well if you are thinking of pulling a stunt at the meeting on Monday like you did today. I will be sitting at the table and I assure you, I am a better attorney than both of you combined. So, this is the deal. I have persuaded Ellen and Patterson to sweeten and reissue the previous offer. They will give you $500,000 and joint custody of the children if you sign off on the divorce agreement. That, along with what you got today, should let you start over somewhere other than Denver." "And, if I don't accept the deal?" Matt asked. "Then I will make it my personal mission to ruin you. Plus, there will be no money, and Ellen will get sole custody of the children. I assure you, no Colorado judge is going to let you take three children out of the state to spend even a day with you and your homosexual boyfriend. Yes, I know about you two." Ian could sense that Matt was getting ready to throw a punch and suspected that was exactly what Fletcher was trying to provoke. A quick glance at Ellen's lawyer with his phone out and ready to video the entire incident confirmed it. So Ian said under his breath, "The children are watching." Matt unclenched his fist. Ian leaned forward and simply said, "Game on." _______________________________________________________________ I hope you enjoy "Breach of Contract." 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