Chapter 42: The Strategy Session
Gerald Kessler answered on the third ring.
"Mr. Kessler, this is Scott Roden from Hardman & Associates. I've been assigned to your case."
Silence on the other end. Then: "What happened to the other lawyer? Thompson?"
"Mr. Thompson is no longer with the firm. I'll be handling your representation going forward." I kept my voice professional, neutral. Kessler didn't need to know that Thompson had been a placeholder until Hardman found the right associate to weaponize against Pearson Hardman. "I've reviewed your complaint and the company's initial response. I have some questions if you have time."
"I have time. I've had nothing but time since Meridian fired me."
The bitterness in his voice was raw. Six months unemployed, probably burning through savings, watching job applications disappear into void because nobody wants to hire the guy who reported his employer for fraud.
I pulled up my notes. "Walk me through the timeline. You reported expense fraud to HR on October third. When did your performance reviews start changing?"
"November. I'd been getting 'exceeds expectations' for three years straight. Suddenly I'm 'needs improvement' with complaints about missed deadlines and communication issues."
[ **Win Rate Calculator: Passive Analysis** ]
Timeline Pattern: Suspicious Flag: One-month gap between fraud report and negative reviews Probability of legitimate performance decline: 23%
"What specifically did they cite in the November review?"
"Missing a client meeting—which I didn't miss, I rescheduled it with the client's approval and told my supervisor. Late project delivery—which was late because they changed the specifications three times and never extended the deadline. Poor team collaboration—which was code for 'stopped drinking with the guys after you reported their expense fraud.'"
I made notes. Everything he described was subjective, impossible to definitively prove or disprove. Perfect cover for retaliation.
"The HR investigation into your fraud report—did they interview you during it?"
"Once. For maybe twenty minutes. They asked what I saw, I showed them the documentation, they thanked me and said they'd look into it."
"Did they follow up?"
"No."
"Did they interview anyone else on your team?"
Pause. "I don't think so. At least, nobody mentioned it."
[ **Win Rate Calculator: Updated** ]
Success Probability: 64% (±15%) Key Finding: Inadequate HR investigation suggests rush to dismiss complaint
"Mr. Kessler, I need you to be completely honest with me. Is there anything in your performance history that Meridian could use against you? Anything at all—previous complaints, policy violations, conflicts with supervisors?"
"Nothing major. I got a written warning four years ago for missing a mandatory training session—I was in the hospital with my kid, I had documentation, they rescinded it. That's it."
"They rescinded it in writing?"
"Yes."
Good. No ammunition for Pearson Hardman to find.
"One more thing. The people whose expense fraud you reported—are any of them still with the company?"
"Two of them got promoted. The third left for another job."
Perfect.
I spent another twenty minutes getting details—names, dates, documentation Kessler still had. He'd kept everything, which was smart. Termination letter, performance reviews, copies of the original fraud report with HR's time-stamped receipt confirmation.
"Mr. Kessler, I'm going to be honest with you about this case. Wrongful termination is hard to prove. Companies are good at covering their tracks. But based on what you've told me, we have a legitimate shot."
"What kind of shot?"
"Better than even odds if we get to trial. But here's what you need to understand—Meridian has resources. They'll drag this out, make it expensive, hope you run out of money and drop it. They'll offer you a settlement—maybe thirty, forty thousand—and tell you it's your best option."
"Is it?"
"That depends on what you want. If you want money and closure, take a settlement. If you want vindication and to prove they retaliated against you, we fight."
Silence. I let it stretch.
"I want to fight," Kessler said finally. "They ruined my reputation. They made me unemployable. I want people to know what they did."
"Then we'll fight. Fair warning—it's going to get ugly. They'll attack your performance, your credibility, probably your character. They'll make you look like a troublemaker who couldn't cut it and blamed others for your failures."
"Let them try. I've got documentation for everything."
I smiled. That was the right answer.
"Good. I'll file our formal discovery requests by end of week. Expect this to take six to eight months minimum before we see a courtroom."
We talked logistics—communication protocols, next steps, what to do if Meridian's lawyers contacted him directly. When I hung up, the case felt more real. Not just an assignment from Hardman, not just a proxy war against Pearson Hardman. An actual client with an actual grievance who deserved advocacy.
The System processed it all silently, cataloging information, building probability models. But the decision to take Kessler seriously, to treat this as more than a weapon in someone else's war—that was mine.
I spent the next two hours drafting discovery requests. Every document related to the expense fraud report. Every document related to Kessler's performance reviews in the year before and after his report. Every email mentioning his name from his supervisor and the people he reported. HR investigation files. The complete investigation procedures manual.
Mike Ross would see the request list and know I was thorough. Harvey would see it and know I was serious. Jessica would see it and recognize the implied threat—if Pearson Hardman tried to stonewall discovery, I'd file motions and make it public that their client was hiding evidence.
My door opened without a knock. Hardman walked in, looking at his phone.
"Working late on your first day. Good sign."
"Getting ahead on discovery."
He glanced at my screen, skimming the requests. "Aggressive. Harvey's going to object to half of these."
"Let him. The judge will give us most of them anyway."
Hardman sat down across from my desk, uninvited. The office suddenly felt smaller.
"Tell me your strategy."
It wasn't a request.
"Build a timeline showing retaliation," I said. "One month after Kessler reports fraud, his performance reviews flip from excellent to inadequate. Two months later, he's fired. Meanwhile, the people he reported got promoted. The HR investigation was cursory at best—no follow-up interviews, no documentation of findings, report filed two weeks after termination was already decided."
"That's circumstantial."
"That's a pattern. Put it in front of a jury with Kessler's documentation and the company's defensive behavior, it tells a story."
Hardman studied me. "What's your win probability?"
I hesitated. He couldn't know about the System's calculations, but he was asking the same question.
"Sixty percent, maybe higher if we get the right jury."
"And if Harvey offers settlement?"
"Depends on the number. Anything under two hundred thousand, I'll tell Kessler to reject it."
Hardman's expression changed—approval mixed with something sharper. "You know what this case is really about."
"It's about Gerald Kessler getting justice."
"It's about you facing Mike Ross. Harvey testing whether his golden boy can handle you with proper preparation this time. Jessica watching to see if forcing you out was the right call." Hardman leaned forward. "This case is a proxy for everything that happened at Pearson Hardman. Win it and you prove they made a mistake. Lose it and you validate their decision."
I held his gaze. "I'm aware."
"Good. Because winning isn't enough, Scott. You need to make it hurt. I want Harvey to regret assigning Mike to this case. I want Jessica to doubt whether protecting Harvey was worth losing you. I want them to feel it."
There it was. Hardman's true agenda, stripped of pretense.
"I'll win every case I can," I said carefully. "But I serve my client first. Your vendetta comes second."
The office went quiet. Hardman's face was unreadable.
Then he smiled.
"That's the right answer. If you'd said yes, I wouldn't trust you. Any lawyer who puts revenge over clients is a liability." He stood. "Win this case. For Kessler. For yourself. If it also hurts Pearson Hardman, that's a bonus."
He left. I sat back, tension draining from my shoulders.
[ **Blackmail Archive: Updated** ]
Daniel Hardman - Philosophy Clarification Primary Motivation: Revenge against Pearson Hardman Client Service: Secondary concern, useful for plausible deniability Danger Level: High. Will sacrifice associates for strategic goals Status: Useful alliance, exit strategy needed
The System was right. Hardman was useful short-term, dangerous long-term. But I'd known that walking in.
I saved my discovery draft and started outlining my response to Pearson Hardman's inevitable objections. Standard defense moves—overly broad requests, attorney work product, privileged communications. I'd counter each one with case law and specificity. Make Mike work for every inch.
My phone buzzed. Text from Louis: Heard you started at Hardman's firm. Good luck with that.
I stared at the message. Louis's tone was hard to read through text—sincere? Sarcastic? Worried?
I typed back: Thanks. How's Pearson Hardman?
Three dots. Then: Same as ever. Harvey's on a warpath about something. Miss having you around.
That surprised me. Louis and I had built an alliance, but I hadn't expected genuine sentiment.
Miss the mudroom talks, I replied.
If you ever want to grab a drink and complain about Harvey, let me know.
Yeah. I'd like that.
I set the phone down, smiling slightly. Louis Litt, the most insecure partner at Pearson Hardman, staying friendly with someone who'd left the firm. That was either genuine friendship or strategic positioning. Probably both.
Nine-thirty. The office was quiet—most associates had left hours ago. I should go home, get rest, start fresh tomorrow.
Instead, I opened a new document and started drafting my formal answer to Meridian's motion to dismiss. Might as well get ahead while I had the momentum.
Three hours later, I'd finished a preliminary draft and made a note to call an expert witness in HR practices. If this went to trial, I'd need someone to testify about proper investigation procedures, show how Meridian cut corners.
My phone buzzed again. Donna: Still working?
Just finished. Heading home now.
Good. Don't let Hardman turn you into Harvey.
I thought about that walking to the subway. Harvey worked until midnight routinely, drove his associates into the ground, measured success by hours billed and opposing counsel destroyed. He was brilliant and ruthless and profoundly damaged.
I wasn't Harvey. I didn't want to be.
But I did want to win.
The distinction mattered. Harvey won because he needed to dominate. I won because I liked solving the puzzle, building the perfect argument, finding the angle nobody else saw. The System helped with that—it made me better at something I already enjoyed.
The subway car was nearly empty. I sat by the window, watching dark tunnels flash past, thinking about tomorrow. Mike would get my discovery requests and probably call Harvey immediately. They'd strategize, plan their defense, decide how seriously to take me.
Let them plan. I had Gerald Kessler's timeline, a pattern of retaliation, and documentation that showed Meridian's HR investigation was a sham. Plus something Mike and Harvey didn't know I had—a System that could calculate probabilities and identify weaknesses faster than human analysis.
Not a fair advantage.
But fair fights were for people who could afford to lose.
I got off at my stop, walked three blocks to my apartment building. The street was quiet, Friday night crowds gone home or deeper into Manhattan. My apartment was small but mine—no roommate, no compromises. I'd decorated it minimally because I was never here long enough to care.
Inside, I dropped my bag, opened my laptop, and pulled up the Kessler file one more time. The System had been running background probability calculations all evening.
[ **Win Rate Calculator: Final Assessment** ]
Case: Kessler v. Meridian Industries Current Success Probability: 66% (±12%) Key Advantages: Timeline, documentation, HR procedure violations Primary Risks: Corporate resources, jury bias favoring employers Recommended Strategy: Establish retaliation pattern early, preempt credibility attacks Status: Winnable with proper execution
Sixty-six percent. Better than two-to-one odds. I'd take that.
I closed the laptop and finally let myself relax. Tomorrow I'd file the discovery requests. Next week I'd start building expert witness testimony. Month from now, maybe two, I'd be in depositions.
And eventually, I'd be back in a courtroom across from Mike Ross.
This time would be different. Last time was a fluke, a kid with photographic memory against an associate with too much confidence. This time we'd both be prepared. This time it would be a real fight.
I was looking forward to it.
My phone buzzed one last time. Donna: Breakfast tomorrow? Need to tell you about Harvey's latest tantrum.
Yeah. Angelo's, 9am?
Perfect. Sleep well.
I smiled and set the phone down. Three months ago I was an overlooked associate at Pearson Hardman, watching Harvey choose Mike Ross for everything interesting, waiting for recognition that never came.
Now I was at a different firm, with different problems, and the same opponents. But at least I was fighting. At least I was choosing my own battles.
Even if one of those battles was assigned by a boss with a vendetta.
I'd make it work. I always did.
The System hummed quietly in the background, organizing information, preparing for tomorrow. I let it run and went to sleep.
Outside my window, Manhattan never stopped. Three million people fighting their own battles, building their own futures, making their own choices.
I was just one of them.
But I was going to win.
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