A Conflict of Interest Read Online Free PDF Page A

where someone else has superior knowledge.”
    “If that’s not the ideal trait for a litigator, I don’t know what is. And I suppose I’m not going to get a better segue into talking about thefacts of our little case. So, without further adieu, let’s talk about everything Michael Ohlig.”
    I go through the basic facts of the case, explaining Ohlig’s rationale for his trading position as well as the charges the government is likely considering. I also tell her about my family connection to Ohlig, adding that I didn’t think it would make much of a difference given that I had just met him myself.
    “The first order of business is to assemble a joint defense team,” I say. Abby’s been involved in enough of these types of cases to know what I mean—that I’m going to retain cooperating counsel to represent Ohlig’s employees.
    “Ohlig’s on board for picking up the tab?”
    “What’s another million to him?” I say with a smile.
    This is the quid pro quo of the joint defense. The main target—in this case Ohlig—will pay the legal bills for the other key people at OPM, in exchange for their cooperation with his defense. The lawyers chosen by us to receive this business are almost entirely dependent on such referrals to sustain their practices and are savvy enough to know that the gravy train comes to a screeching halt if their client turns against our client. Of course, all of this is unspoken because a lawyer has an ethical duty to represent his client zealously, regardless of who’s footing the bill.
    “And, while I’m doing that, I’m sorry to say, you’ll be—”
    “Let me guess: collecting and reviewing the documents?”
    “How did you know?”
    Litigation, especially as practiced at Cromwell Altman, is all about the documents. If the partners think about cases in terms of how much revenue they bring to the firm, associates categorize them in terms of how many boxes of documents to be reviewed.
    “Just a wild guess,” she says, showing me a smile with enough wattage to illuminate a small town. “Any idea how much?”
    “I think it will be manageable, although there will probably be a lot of trade tickets. I’ve asked Michael to send up what he has, but I’m sure we’re going to need to make a visit down to him at some point to check out the operation and make sure we’ve retrieved everything.”
    This is every associate’s worst nightmare—reviewing documents when there is real lawyer work to be done. I decide to give her a ray of hope.
    “I’m not looking at you to be a document grind, Abby. I really need a strong number two on this. We’ve got the green light to bring on as many temps as we’ll need to go through the documents. I can’t tell you that you won’t have to review the key stuff, but when we get to trial, I’m looking to you to be operating on a partner level.”
    “You think there actually will be a trial?”
    The firm very rarely takes a case to trial. The stakes are just too high for most clients to risk on an all-or-nothing result, be it a gamble over money or freedom, and so most cases settle. In my dozen years at the firm, I’ve been involved in only seven trials, and on some of those my participation was minimal.
    “He says he’s innocent.”
    By now I know Abby is smart enough not to fall for that as an answer. She doesn’t disappoint me.
    “Don’t they all? I mean, right up until the moment you confront them with the evidence that they’re not?”
    There must be something in the way I react because she adds, “Are you sure there’s not going to be a problem here because he’s a family friend?”
    “I’m sure. I just like to believe that we’re on the side of the angels. You know, innocent until proven guilty and all that.”
    “So, you want us to get him off
and
for him to actually be innocent?” She says this with another smile, one that tells me that she’s on board, regardless of her own suspicions.

4
    D espite the fact that I’ve