America 1982-Chapter 148 - 52: A Small Scare

Massachusetts, Boston, the office of Robert Molley, partner at the white-shoe law firm Hale and Dorr.

Robert, the highly-paid lawyer employed by Lotus Corporation, sat in his crisply tailored suit, swiveling his chair to turn away from the scenic view through the floor-to-ceiling windows and back to his desk. He picked up the folder that had been prepared earlier and tossed it across to the unremarkable-looking, placid-faced middle-aged man sitting opposite him, "Leonard, this is the court’s order granting permission for evidence collection in this case."

The middle-aged man ran his hand over the stubble on his chin, took the document without a glance, and slipped it straight into the briefcase he carried with him.

He didn’t need to scrutinize what was written on those papers; all he needed was to listen clearly to what his partner and financier on the opposite side, Robert, instructed him to do.

As for the documents he had just thrown, they were only to be used to throw in the face of the police or the opposing party during questioning or an investigation while gathering evidence.

"Computer Science major from Stanford University, Tommy Hawk. From the simple information I received before, that guy is from Warwick City, Rhode Island, quite close to here. Find out who his family is. The fact that he could start a company during his university days suggests that his father must be a businessman as well. Check if his father’s business involves tax evasion or if there have been any previous records of commercial crimes. Visit the neighborhood and dig out whether his ancestors had any ties to black people. In short, I need every piece of information that is sufficient to disgust the judge and jury against Actor Corporation," Robert said slowly, sipping his coffee as he looked at Leonard across the desk:

"And, as I understand it, there are three students in Actor Corporation, with Tommy Hawk being the most important one, but the other two should not be ignored. Find everything from how many times they go out to party at night to their daily routines, clear and detailed."

Leonard was a veteran and, with his partner, ran a private detective agency in Boston, specializing in investigating and collecting evidence for lawyers. They had been working together for three years and had developed a perfect understanding.

In the United States, the truth of a case isn’t the primary concern of the court.

The court’s main concern is the evidence collected by the plaintiff and the defendant. In short, the side with more evidence is more likely to win. More critically, the United States courts don’t actively investigate evidence themselves; they are passive recipients. The evidence must be presented to them before they will take any notice. This is why many poor plaintiffs end up losing their cases and the wealthy defendants manage to escape the law scot-free.

If you can’t afford to hire someone to help investigate and collect evidence, it’s best not to initiate any litigation in the United States outside of a public lawsuit.

This job of investigating and collecting evidence for both sides naturally falls into the lap of lawyers who, just like judges, are not considered officials or advisors of the United States Government or its citizens; they are officers of the court.

Meaning that, with a court-issued permit, lawyers can conduct an extremely wide range of evidence collection in the name of the court from individuals, organizations, and even opponents. Most importantly, unless in special circumstances or if the matter is entirely irrelevant to the case, the other party cannot refuse to comply, or else the court will trouble the refuser. Furthermore, lawyers can hire professional investigation agencies to help them use the court-issued permit to do this job for them.

The permit, initially issued only to him for his exclusive use, is directly subdivided so that many people can move out with copies of the permit, like vultures swooping in at the scent of carrion.

"Understood, my best detective has already taken a flight to San Jose, California. I’ll fax the permit to them right away, and I will head to Warwick City first to dig out that guy’s family background," Leonard said as he stood up, nodded slightly to Robert, and then turned and walked out of the office.

Robert dialed Jim Manzi’s number, "Jim? The court has permitted both parties to begin evidence collection and disclosure. Is there anything else you need me to know?"

"Fifteen amici curiae, all having legislative or public official status; fifteen documents submitted to the court are being drafted," Jim informed on the other end of the line. "The CEO of Xerox Corporation, in view of our personal friendship, is considering submitting an amicus brief as well, offering an industry leader’s perspective on the chaotic practices of fellow companies."

Robert nodded, "Good, my investigative team is already on their way to San Jose, California. Let’s hope they don’t scare those poor kids and their unknown lawyers."

"You’re too soft-hearted, Robert. At times like this, one should go all out... F*ck?" Jim’s crudely jovial voice on the phone suddenly paused, followed by a soft curse.

Robert asked curiously, "What’s going on, Jim?"

"Since when did Davis Polk become some goddamn unknown lawyer, Robert!" Jim swore under his breath, "You better get here in ten minutes! Stand by my side! I don’t want to mess up because of something I’ve said and give them a chance to turn this around! Damn it!"

Robert pressed, "What exactly happened?"

"Why don’t you let me explain?" A female voice emerged faintly on the phone, followed by Jim saying, "Robert, I’m putting you on speaker."

Soon, the voice on the other side of the phone, tinged with a smile, spoke to a bewildered Robert, "Hello, Attorney Robert Molley, I’m Delia Case, the head of legal affairs for Actor Corporation’s litigation. Since mailing is too slow, I’ve personally come to Boston to collect the investigative permit from the court, and while I’m here, I’ll also conduct some normal inquiries related to the case with some individuals involved with Lotus Corporation."