Page 24 of The Right to Remain

“You’re saying that Elliott’s interests are adverse to Helena’s?”

“Yes, absolutely. And vice versa. At least as far as I understand the scope of the grand jury investigation.”

“Care to elaborate?”

She took another bite of the pastry. “Not really.”

“Why not?”

“Because these conversations between you and me are not privileged. Our clients don’t share common interests, so we will never have a common-interest agreement to preserve any claim of privilege.”

Common-interest agreements were standard practice among criminal defense lawyers. When a grand jury subpoenaed multiple witnesses, or when an indictment charged multiple defendants, a common-interest agreement allowed the lawyers and their clients to talk and exchange information freely under the cloak of privilege. The refusal of one witness or defendant to enter into the agreement usually did not bode well for the others.

“Are your clients planning to offer up testimony hurtful to Elliott?” asked Jack.

“My, we’re being awfully direct this morning, aren’t we?”

“Pretty simple question,” said Jack.

“The answer is complicated.”

“How so?”

She washed down the last of the pastry with her coffee. “Let’s put it this way. You and I are dancing. I’m leading. It’s important for me to signal just enough information for you to figure out the next step, but not the next five steps.”

“Okay. Let’s start with the next step.”

“We need to separate Helena and Elliott.”

“I wasn’t aware they were spending any time together.”

“Elliott volunteers his bookkeeping services once a week at the dance conservatory where Helena teaches ballet. I’m sure it was a nice way to suck up to the boss’s wife when he got hired at VanPoll Enterprises, but they should avoid even casual interaction while the grand jury investigation is going on.”

“I’ll speak to him. This is the first I’m hearing about this.”

“That’s disturbing. Elliott should have told you that much.”

“He probably didn’t think it was important.”

“I don’t see how he could have thought it wasn’t vitally important.”

“Vitallyimportant? Don’t you think you’re overreacting just a wee bit?”

She finished her coffee and seemed ready to leave. “I’m not overreacting. And let me just add one more thing, if I may.”

“You may.”

“I’m not saying this to be critical of you. But I get the feeling there’s something you haven’t figured out yet about your client.”

“Is that supposed to be some kind of warning?”

“No. Not a warning. More of a wake-up call.”

“Wake-up call to do what?”

She paused, as if to measure her words. “I referred Elliott to you because I thought you could handle it.”

“Handle what?”