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Twenty-six-years-old and fresh out of her clerkship, she’d googled what to do at a bond hearing while racing from her apartment in the Gables to the courthouse. In a room packed full of attorneys who knew what they were doing, she’d copied the guy next to her. Signed in where he signed in. Spoke to the clerk when he did, providing her client’s name, so they’d bring her client to the CCTV connecting the courtroom to the jail.
Armed with a bunch of bullet points about flight risks and criminal history, she was ready to argue her heart out. And then she spotted one of the prosecutors sitting at the table behind a tower of files. Carmen had never been happier to see a familiar face. Bhakti, who she’d helped get through their wills and estates class, was a newly minted prosecutor.
An hour later, she’d walked out of court with her client released on his own recognizance. She’d been floating then, expecting her mother to be drunk with pride at her ability to step up and get shit done. But she should have known she wouldn’t get praised for doing her job, and it had probably been childish to expect it.
Now, seven years later, she was wearing her lucky top again and sweating through her white Banana Republic suit. The intentionally microscopic and sweltering conference room where her client was being deposed was even more intense than the courthouse had been, even though there were only a handful of people.
“Objection,” Carmen said for the third time in as many seconds. “Don’t answer that, Elaine,” she instructed her client.
Opposing counsel, a woman in her sixties with a ruthless reputation as a plaintiff’s attorney, tapped her pen against her legal pad before scribbling down a note.
Every second of the last three hours had been contentious. Carmen had to stay completely alert and focused. She was getting exhausted.
“Ms. White,” opposing counsel continued looking at Elaine over the top of her glasses, “isn’t it true that you’ve previously been involved in fraudulent activities in your other land developments?”
“Objection,” Carmen said with a sigh. “That’s a baseless question, not to mention irrelevant and highly prejudicial. Stick to the subject matter at hand or I will terminate the deposition.” She kept her tone cool and her gaze on her opposing counsel steady.
Opposing counsel smiled. “Let’s discuss the contract you executed with GreenScape Design four years ago. Is it true that at the time, you were going through quite the contentious divorce and facing potential financial struggles—”
“Objection. Ms. White’s personal life and any unrelated financial matters have no bearing on this case. Refrain from making personal attacks and focus on the facts related to the drainage and landscaping issue.” She spoke slowly to make sure the transcriptionist caught it all.
“I haven’t even gotten to the question yet, Carmencita.”
“The purpose of deposition is to ask questions, not listen to yourself talk.” Carmen’s jaw twitched, but she wouldn’t let her opposing counsel get under her skin. She wouldn’t react to the diminutive form of her name. The attempt to infantilize her or push her into losing focus.
Elaine reached for a new bottle of water on the table in front of her. “I am here to discuss Palm Haven Estates and the landscaping issues, not my personal life.” She sounded tired, too. Tired and prone to making a mistake or misspeaking or breaking all together. Carmen was going to have to get her out of there.
Opposing counsel smiled again, satisfied that she’d gotten Elaine to say something off script. “Well, your wife petitioned for dissolution of marriage. That’s a public record. She accused you of infidelity. That certainly speaks to your credibility and integrity, wouldn’t you say?”
“It wasn’t true. She said that to force me to —”
“Don’t answer that, Elaine.” She turned to her opposing counsel. “You are making a record, Patricia.” She pointed to the video camera and transcriptionist. “I have at least twenty instances of improper —”
“Alright,” opposing counsel ignored her and turned back to Elaine. “Regarding Palm Haven Estates, how often did you personally inspect the drainage systems being installed?”
Carmen relaxed a fraction. This was their theory of the case. That they had been falsely blamed for the millions of dollars worth of water damage to White’s new residential development. White had hired GreenScape Design to ensure effective drainage for Palm Haven Estates. After the first heavy rain, homeowners discovered the system was inadequate, causing catastrophic water damage and sued GreenScape, who in turn sued Elaine.
Elaine took a sip of water. Her hands were steady. That was a good sign. She just needed to outlast these antics. That’s all they were. Mind games. Tactics designed to bait Elaine into a mistake, but Carmen had prepared her for this. The relevant questions lasted all of ten minutes.
“Ms. White, your son was arrested last year for drug possession, correct? Could his behavior have impacted your ability to manage the project —”
“Objection and this deposition is over.” Carmen stood and signaled for her client to do the same. “Your questions are abusive and intended to accomplish nothing but harassment. You’ll have my motions for sanctions by close of business.”
She walked out of the pressure cooker, chin high, and without looking back. Without reacting to her opposing counsel’s protestations or threats to file her own motion for sanctions for ending the deposition before they’d finished.
Carmen rode the high of besting a bully out the door. She didn’t even care anymore that Elaine had driven them there in her Bentley because the only car the rental place had available was the size of a dust bunny. She couldn’t take a client out in that.
On the ride back to Carmen’s office, they discussed strategies for moving forward, including a renewed attempt to get the entire frivolous case thrown out. Elaine was talking about the difficulties of co-parenting their youngest teenage son with her ex-wife when they pulled into her parking garage.
Knowing the way to the spots designated for the firm’s employees and visitors, Elaine didn’t hesitate once she entered the cool shade of the garage.
“Poor chump,” Elaine joked as she pulled into the open spot next to Carmen’s sub-compact rental.
Despite her deep pockets, Carmen had never heard Elaine mock anyone. She was crafting a joke to call her out on her elitism when she realized that she wasn’t making a comment on the car next to her. She was pointing out the enormous fucking yellow lock clamped around her rental’s back tire.
“Your firm must be serious about unauthorized use of your parking spots,” Elaine said with a laugh.
Running through the list of possible ways her car had ended up with a boot on it, all she had for Elaine was a noncommittal head bob. The firm knew about the rental, they wouldn’t have called the towing company.
