“No, I didn’t.” Bennie frowned slightly. “I thought we were tabling the issue of the representation.”
“Well, no.”
“Yes, we are. I thought we were setting aside the issue and trying to see if we could sort it out, extra-legally.”
“True, and we tried and it didn’t work, so that means we go back to square one. I’m not conflicted out and I’m going to represent Simon. I’m still going to sue OpenSpace.”
Bennie’s lips parted. “I think you are conflicted out. I went through the factors—”
“—and it’s a judgment call.” Mary sat up straighter. “My judgment is that I’m not conflicted out under the rules. The circumstances say I’m not.”
“The circumstances say you are, in my judgment.” Bennie waited a beat. “What did Judy say?”
“She thinks I am.”
“Bingo!” Bennie smiled. “There you have it.”
“What did Sam say? I know you must’ve asked him.”
Bennie’s smile evaporated. “He thinks you’re not.”
“Bravo.” Mary felt a surge of hope. “But I don’t want to make it a headcount.”
“Neither do I, but you’re wrong.”
“No, you are.”
Suddenly they both looked over, as Judy popped her head into the doorway, standing next to Bennie. “What’s going on? What am I missing? Don’t taunt me. You know I have major FOMO.”
“I don’t even know what that means.”
“Fear of missing out.”
“OpenSpace isn’t settling,” Bennie answered, turning away. “I’ll let Mary fill you in. I have to get to work.”
“Bennie, hold on!” Marshall called out, coming down the hall. “I have something for you. This just came for you and Mary by hand-delivery.”
“Thanks.” Bennie held out her hand, and Marshall gave her a manila envelope, then gave one to Mary, too.
“Thanks,” Bennie answered firmly, opening the envelope with her thumb. She slid out the piece of paper, which was a single sheet of correspondence on Dumbarton letterhead.
“What’s this?” Mary asked with dismay, opening the envelope and pulling out a copy of the same letter, then reading aloud:
Nathaniel Lence, Esq.
President & CEO
One Dumbarton Drive
Horsham, PA
DUMBARTON ENTERPRISES
Dear Ms. DiNunzio:
It has come to my attention that you, a named partner in the law firm of Rosato & DiNunzio, seek to represent Simon Pensiera in a putative employment discrimination action against his former employer, OpenSpace. OpenSpace is a wholly owned subsidiary of Dumbarton Enterprises, and Dumbarton has been a long-standing client of your firm. Therefore, any such representation by you constitutes a conflict of interest in breach of Rule 1.7 of theModel Rules of Professional Conduct.
Please be advised that if you do not withdraw from the aforementioned representation forthwith, Dumbarton will file the attached Misconduct Complaint against you with the Disciplinary Board of the Bar Association of Pennsylvania and the American Bar Association Committee.
