Chapter 9: The Second Attorney

Patricia called me the next morning at seven forty-five.
"Evelyn retained a second attorney three days ago," she said.
"His name is Gerald Foss.
He practices civil litigation, not family law.
He has a history of aggressive asset recovery cases."
"Asset recovery," I said.
"He specializes in reversing property transfers.
His argument is typically undue influence — that one party was manipulated or pressured into signing.
He has won several cases on that basis."
"Can he win this one?"
"He will try to make the letter from Daniel's original attorney look like evidence of pressure rather than evidence of intent.
He'll argue that Daniel was emotionally dependent on you, that the transfer was made under conditions that compromised his judgment." Patricia paused.
"He is not a bad attorney.
I want you to understand that.
He will be prepared."
"What do we do?"
"We have the original attorney's letter.
We have the timeline.
We have Daniel's own words to you on Saturday night, which Marcus partially witnessed.
And we have something Foss doesn't know about yet."
"The forged document."
"The forensic review came back yesterday," Patricia said.
"The signature is not yours.
The ink composition is inconsistent with the date on the document.
The paper stock was not commercially available until fourteen months after the date printed on it."
I sat down.
"She forged a document on paper that didn't exist yet," I said.
"Her associate did.
Sloppily." Patricia's voice carried something that was not quite satisfaction but was close to it.
"The report is formal and signed.
I filed it with the court this morning.
The business claim has been suspended pending investigation.
Gerald Foss received a copy an hour ago."
"What does that do to his strategy?"
"It complicates it significantly.
He now knows his client committed fraud in the same legal action he was retained to support.
Ethical attorneys withdraw at that point.
We will see what kind of attorney Gerald Foss is."
I was quiet for a moment.
"She's going to find out today," I said.
"Yes."
"What will she do?"
"I don't know," Patricia said.
"But I want you to be somewhere public this afternoon.
Take Noah somewhere.
Don't be home alone."
"You think she'll come to the house?"
"I think she is a woman who has just discovered that her most aggressive move has been neutralized and her new attorney may be about to drop her.
I think she will want to speak to you directly.
And I think you should not give her that opportunity without a witness."
I took Noah to the park.
We were on the climbing frame at two-fifteen when my phone rang.
Not Evelyn.
Not Daniel.
A number I didn't recognize.
I answered it.
"Is this the owner of the design consultancy?" A man's voice.
Professional.
Careful.
"It is," I said.
"My name is Gerald Foss.
I'm an attorney.
I believe you know why I'm calling."
I watched Noah climb to the top of the frame and look out over the park with the absolute satisfaction of a four-year-old who has conquered something.
"I do," I said.
"I want to be direct with you," Foss said.
"I received the forensic report this morning.
I have spoken with my client.
I am calling to inform you that I am withdrawing from her representation, effective today."
"All right."
"I also want to inform you — and this is not something I am required to do, but I am doing it — that my client made a statement to me this morning that you should be aware of.
She said, and I am quoting, that if the legal strategy failed she had other ways of making sure you did not come out of this with anything."
I kept my eyes on Noah.
"She threatened me," I said.
"She made a statement that I interpreted as a threat, yes.
I am not able to advise you on what to do with that information.
But I am not willing to represent someone who speaks that way, and I am not willing to not tell you."
"Thank you," I said.
"I'll pass this to my attorney."
"That would be wise." A pause.
"For what it's worth — I read the file before I took the case.
I should have read it more carefully."
He hung up.
Noah waved at me from the top of the climbing frame.
May you like
I waved back.
Then I called Patricia.