She’s suing you for defamation of
character. By calling a client with those allegations, you painted her with a
very ugly brush, Mack. She knows writing and journalism ethics and she works
within those ethics. She has contracts with her clients that spell out exactly
what she’s responsible for . . . and what she’s not allowed to do. She knows
outsourcing anything other than research is verboten – forbidden. Yeah, you may
have set up a situation where she can’t write professionally – and she’s
fighting back, proving your claim is false. It would go much better for you if
you would call that editor and let her know that you gave her false information
about my client. If you don’t I’ll be forced to bring that civil lawsuit
against you for defamation of character.”
“Hey, wait a minute! All I did . . . y’know, I take everthin’ I
just said back. I never called no client, no editor, no nobody. She wants to
come back, she’ll be considered along with any other applicant.”
“Ah. You know, you just painted two very different stories. I
think a jury and a judge would be very interested in hearing both of them –
y’know? I’m filing papers in district court today – a lawsuit that says you
defamed her, and that asks for actual and punitive damages. Expect the
paperwork in a few days. Have a great day!” With that, Rick bounced out of his
chair and headed for the front of the store. As he was opening the door, he
heard John’s enraged howl coming from his office. Chuckling and shaking his
head, he jogged to his car and drove away, thinking, “He just stepped in it and
he’s about to find that, wiping that shit off his foot and getting rid of the
stench is going to be mighty damn hard.”
Chapter 5
In his office, Rick called Morgan, who was elbow-deep in more
grading. “Morgan, I visited John Mack this morning. You were right. He found
out a little bit about what outsourcing is, thought he knew everything and
decided to endanger your position with a client. I don’t think he’s called any
of your other clients, by the way. He admitted to everything at first – he was
pretty damned proud of what he’d done, thought he’d made it to where you
wouldn’t be able to continue working as a freelance writer. What’d he say?
Something about, ‘I figure that, if I say she’s done something this bad, she won’t
have any choice but to come back here with her tail between her legs.’ When I
identified myself as your lawyer, he walked everything he’d said back. Said
that, if you decided to apply there, you’d be considered for employment along
with anyone else who applies. In short, Morgan, he gave me two very different
stories, and I think the judge – and maybe a jury – would be very interested to
know that little tidbit.”
Morgan let out a laugh that was wrung dry of humor. “Yup. That’s
John. Out for numero uno and the hell with anyone else’s rights.”
“That’s the read I got, too. I have the paperwork drawn up and
ready to file. I told him I’d be filing today, just to twist the screws a
little bit. I suggest giving him, say, a two-week deadline to call that editor
back and walk back his allegations of outsourcing. If he doesn’t, I’ll file the
‘notice of tort’ paperwork at the district courthouse.”
“Thank you!” Morgan said with a huge sigh of relief. “I can see
light at the end of this tunnel . . . about your fee . . .”
“I’m giving you a contingency basis fee. If you win, I get 25
percent of your award. That fair?”
“Very fair. As long as I regain what I could lose if Lifestyles drops me
as a writer, I’ll be happy,” said Morgan.
The next morning, Rick decided to stop at the Las Cruces Lifestyles office
with no appointment. He didn’t want to give away any advantage that Morgan
might hold. He told his receptionist he’d be back within an hour.
The Lifestyles office, located in an office complex on the corner of Idaho and South