Unfit to Practice

In high school about ten years later, Nina went to Monterey with her class to watch a trial. The scruffy-looking, confused man on trial had done something very bad, maybe. Everybody was against him. But one person stood up for him and held them all off, making sure the rules were followed. And as she watched, she understood. This champion was not just defending that poor underdog but a system that kept the world sane.

How do people with different values, religions, economic status, and hopes coexist in peace?

Law provided a method.

And so at age sixteen she decided to become a lawyer.

1

T HAT THURSDAY IN early September billowed up blue and white, as breezy and i

And because the storm dislocated all sorts of human arrangements that night, or because life is a mist of error, or perhaps just because she had been working too hard and couldn’t deal with one more thing that day, Nina Reilly made a small, critical mistake that changed everything.

The day began at eight-thirty sharp with the Cruz custody hearing, now in its second day and going fine, if anything could be fine about a family splitting up. Lisa Cruz, Kevin’s wife, took the stand, and she loved their two kids, no doubt about that, but she had some very strange ideas, too.

“I’m a full-time mom and a professional with a deep spiritual side,” she said from the witness box, gazing at Jeffrey Riesner with large, earnest, liquid eyes that seemed to beg for further help. “I depend on the great philosophers for guidance.”

Kevin began an astringent, whispered commentary. “Moving right along from Jim Beam, to pills, to marathons, and onward into religion,” he muttered.

Lisa had a pale, heart-shaped face and a tentative, breathy voice. She wore a structured jacket and creased slacks and looked fragile, but Kevin had told Nina that Lisa could run five miles without breaking a sweat; had no compunctions about kicking him when he was down; had an extensive, X-rated vocabulary; and bore unswerving allegiance to nothing and no one except their kids.

Lisa adjusted her body, as she had frequently during Riesner’s questions, raising one leg over another, then deciding against it. She was not a woman who enjoyed sitting still. “I studied philosophy at the community college,” she said.

“She took one course, and quit before the final,” Kevin whispered to Nina.

“I consider myself a truth-seeker and scholar. Of course, I work hard to impart the right values to my children: hard work, healthy diet, goal-setting.” She had a lot to say about vitamins.

More whispering. “She’d use a cattle prod if she thought she could get away with it. She’s fanatic about physical fitness. Those kids don’t get a moment’s peace, between the death marches up and down mountains and the bogus mind crap she feeds them.” Kevin had arrived at court very emotional, as always. Nina had to watch out for him when she should have been giving all her energies to watching Jeffrey Riesner, the attorney representing Lisa. She shook her head sharply, her eyes closed, and Kevin understood and stopped.

Nina and Riesner went way back, but not to good places. They had a long history of conflict, which had begun almost the day she had arrived in the town of South Lake Tahoe and set up an office as a sole practitioner. A partner in Tahoe’s most prestigious law firm, Caplan, Stamp, Powell, and Riesner, Riesner viewed her as an out-of-town upstart who had barged into his territory and seduced away several good felony defendants. Nina saw him as a relentless greedhead who held grudges and hated women, her in particular.

She watched him playing Lisa now, playing the judge, playing the court, as homey in a courtroom as you could be without moving in a couch and pillows. How he warmed their hearts with little stories of Lisa’s generosity and kindness. The smallest smile was calculated, a warm nod to the judge, practiced. She could never understand his reputation for success in the courtroom. Apparently, judges and juries could not see through the tall, smooth-talking, Armani-clad exterior to his squirming, wormy insides.

Under Riesner’s careful handling, Lisa went on for quite some time, modestly recounting her achievements as a parent and a volunteer firefighter with several exciting stories to tell. Slowly, Riesner built up his Wonder Woman. Her mother, who lived nearby, watched the children for her during fire emergencies, when volunteers were called out. She attended church, raised money for good causes, met with teachers for conferences, and loved her children.

What interested Nina most was not what she said, though, but how, whenever Lisa started to show real emotion by raising her voice or letting a little vehemence enter, Riesner gently steered her back to calm, like a fairy-tale hero sparing her the scary, dark woods. After several minutes, having wrung all the good he could from his client, he turned back to his table and sat down, but not without first casting a victorious sneer Nina’s way.

Nina stood. She had thought a long time about how to cross-examine Kevin’s wife. Lisa wasn’t a bad mother, just as Kevin wasn’t a bad father, but both parents couldn’t have the children. Many had tried to split custody, and the only parents who succeeded were parents who respected and liked each other after the divorce. Lisa and Kevin didn’t like each other anymore.

Emotional volatility was Lisa’s weakness. She sat in the box, hands neatly folded, like a female Buddha. Nina needed to get around that pseudoserenity.

“Mrs. Cruz, you describe yourself as a seeker,” Nina said. “Could you tell us a little more about what you mean by that?”

Riesner cleared his throat, considering an objection, probably. The phlegm went no farther than his esophagus and lodged there, to judge from its sudden halt. He didn’t like the question, but must have decided to let it ride.

“Well,” Lisa said, any ease she had developed during Riesner’s questioning now gone. She hesitated, tongue-tied, staring at Nina with a half-fascinated, half-repulsed expression on her face, drumming her fingers on the rail in front of her.

“Mrs. Cruz?” Nina said.

Lisa finally spoke, although the words sounded forced. “Life has a deeper meaning than just-this,” she said.

A few observers in the audience looked around the earth-toned, windowless courtroom and chuckled.

“I don’t mean just this moment,” she said defensively, “although every moment is significant. And this one certainly is, since it involves the future well-being of my children. But to answer your question more broadly, I would say I’m interested in the big picture. Taking responsibility for your actions. Accepting blame when you do wrong.” Flat brown eyes followed Nina’s every move as if she expected Nina to jump her at any moment.

“You are a religious person, I understand.”

“Yes,” she said.

“You take your children to church every Sunday?”

“Yes.”

“I understand your religion forbids blood transfusions?” Nina asked.

“I haven’t lost my senses just because I joined my church,” Lisa said. “I’m open to advice from conventional medical doctors, and would take Kevin’s wishes into consideration even after our divorce is final, as I always have before. You know, I don’t limit myself when it comes to a personal philosophy to live by. I’ve spent a lot of time thinking about how we should live as well as why we live and I’ve drawn some conclusions.”

“What conclusions?”

Lisa sat back in her chair, considering the question seriously. “Oh, there’s a level we operate on in this country-hey, I’m not knocking anyone else, okay? But I don’t want my life bogged down by trivia and reduced to a long series of tasks to be done. I try to keep my life spiritual, focused, and tranquil.”