Freelance Love (4 page)

Morgan exhaled a long sigh, looking at the grading. “Thank you.
At least I’m getting two more paychecks from Lily in the interim. That’ll help,
but I hope I don’t end up having to call creditors and explain that a client
has put me on the reserve list.”

“That’s why I’m doing this as fast as I am. If you don’t mind,
I’d like to send a copy of the motion as an attachment so you can let me know
if anything needs to be changed.”

“No problem. I’ll look for it and let you know.”

“I’ll let you go, then,” Rick said, hanging up.

***

Rick drove to Mack’s Country Clothing, noting that the store was
located in an area that got little foot traffic. “Hmm, no wonder he’s not
getting very many sales. If he gave up his lease here and moved to the east
side of the city, he’d be more likely to see better sales. Let’s see what he’s
got on the racks.” Rick made sure to walk in as a customer so he wouldn’t tip
off John Mack.

“Well, good mornin’, pardner! How you doin’ this fine mornin’?”
asked John Mack. He strode quickly to Rick, hand outstretched. “We got several
men’s items on sale and clearance. If you’re lookin’ for some western jeans or
a western-cut shirt, I know we got several in your size. How about some cowboy
boots or riders?”

“Mornin! Let me see what you have. I do need a few things, but I
want to make sure I’m getting a good price first. I’ll let you know if I see
anything here.” Rick strolled around the store, looking at the stock and the
general condition of the premises, noting the aged dressing rooms, dust on the
windowsills and the fine coating of dust on shoeboxes and hangers.

“Excuse me, Mr. . . .?”

“Mack. John Mack. You see anything you like?”

“Yeah, but like I said, I’d like to look around town before I
make my decision. Listen do you have time to shoot the breeze for a few?”

“Sure! Girls, manage the floor while I’m talkin’ to this fine
man. I’ll be out in a few minutes. Push the sales items and suggest
accessories! Let’s go right this way, sir.”

Inside John’s small, cramped office, Rick got right to the point.

“Did you used to have an employee by the name of Morgan Adams?
She worked here up until a couple of years ago.”

“Yeah. Why?”

“She’s facing allegations of outsourcing some of her writing
responsibilities with her client, it seems. She’s taking some different kinds
of work to see her through until her editor determines if the charges are true
or not. Would you know anything about that?”

“Yeah, I called that editor. I need – want – Morgan back here in
the store and I’ll do whatever it takes to get  her in here. Takes some cool
thinkin’ to outwit someone who thinks she’s able to run her own bidness outta’
her home.”

“Yeah, that it does. How’d you find out about what ‘outsourcing’
is? What has her response been when you’ve invited her to come back?”

“Talked to a writer friend I know. She explained this
‘outsourcing’ thing to me when we were eating lunch together one day. I
figgered that, if I make her name mud, she’ll come back with her tail between
her pretty little legs. She’s refused up until now. I think, with that call I
made, she may just have to come back if she don’t wanna lose that pretty little
spread she’s got.”

“Smart thinking! You just may have outwitted her . . . or you may
have stepped your feet right into a huge cow patty,” said Rick with a sharp
look.

“What? What are you talkin’ about?”

“Rick Devins. I’m her attorney. She’s suing you for defamation of
character. By calling a client with those allegations, you painted her with a
very ugly brush, Mack. She knows writing and journalism ethics and she works
within those ethics. She has contracts with her clients that spell out exactly
what she’s responsible for . . . and what she’s not allowed to do. She knows
outsourcing anything other than research is verboten – forbidden. Yeah, you may
have set up a situation where she can’t write professionally – and she’s
fighting back, proving your claim is false. It would go much better for you if
you would call that editor and let her know that you gave her false information
about my client. If you don’t I’ll be forced to bring that civil lawsuit
against you for defamation of character.”

“Hey, wait a minute! All I did . . . y’know, I take everthin’ I
just said back. I never called no client, no editor, no nobody. She wants to
come back, she’ll be considered along with any other applicant.”

“Ah. You know, you just painted two very different stories. I
think a jury and a judge would be very interested in hearing both of them –
y’know? I’m filing papers in district court today – a lawsuit that says you
defamed her, and that asks for actual and punitive damages. Expect the
paperwork in a few days. Have a great day!” With that, Rick bounced out of his
chair and headed for the front of the store. As he was opening the door, he
heard John’s enraged howl coming from his office. Chuckling and shaking his
head, he jogged to his car and drove away, thinking, “He just stepped in it and
he’s about to find that, wiping that shit off his foot and getting rid of the
stench is going to be mighty damn hard.”

In his office, Rick called Morgan, who was elbow-deep in more
grading. “Morgan, I visited John Mack this morning. You were right. He found
out a little bit about what outsourcing is, thought he knew everything and
decided to endanger your position with a client. I don’t think he’s called any
of your other clients, by the way. He admitted to everything at first – he was
pretty damned proud of what he’d done, thought he’d made it to where you
wouldn’t be able to continue working as a freelance writer. What’d he say?
Something about, ‘I figure that, if I say she’s done something this bad, she won’t
have any choice but to come back here with her tail between her legs.’ When I
identified myself as your lawyer, he walked everything he’d said back.  Said
that, if you decided to apply there, you’d be considered for employment along
with anyone else who applies. In short, Morgan, he gave me two very different
stories, and I think the judge – and maybe a jury – would be very interested to
know that little tidbit.”

Morgan let out a laugh that was wrung dry of humor. “Yup. That’s
John. Out for numero uno and the hell with anyone else’s rights.”

“That’s the read I got, too. I have the paperwork drawn up and
ready to file. I told him I’d be filing today, just to twist the screws a
little bit. I suggest giving him, say, a two-week deadline to call that editor
back and walk back his allegations of outsourcing. If he doesn’t, I’ll file the
‘notice of tort’ paperwork at the district courthouse.”

“Thank you!” Morgan said with a huge sigh of relief. “I can see
light at the end of this tunnel . . . about your fee . . .”

“I’m giving you a contingency basis fee. If you win, I get 25
percent of your award. That fair?”

“Very fair. As long as I regain what I could lose if
Lifestyles
drops me
as a writer, I’ll be happy,” said Morgan.

The next morning, Rick decided to stop at the
Las Cruces Lifestyles
office
with no appointment. He didn’t want to give away any advantage that Morgan
might hold. He told his receptionist he’d be back within an hour.

The
Lifestyles
office, located in an office complex on the corner of Idaho and South Main,
featured previous magazine covers and Southwest art pieces and sculptures. Rick
noted that the sculptures could either be expensive originals or very good
duplicates.

“Morning. My name is Rick Devins and I need to speak to the
managing editor. I believe her name is Lily?”

“Yes. She’s on the phone at the moment. Do you have some time to
wait?”

“Yes, I do. Thank you.”

“What’s the reason for your visit? This way, I can let Lily
know.”

“Certainly. I’m Morgan Adams’ attorney and I need to speak to her
about John Mack’s allegations of outsourcing.”

The receptionist shot him a sharp look. “You know who made the
allegations? She’s suing him?”

“Yes, but beyond that, I can’t say anything,” said Rick.

Fifteen minutes later, he was sitting across from Lily,
explaining the reason for his visit.

“Morgan got my name from Kevin Scott, a business professor at
NMSU. She says she has never outsourced any of her work, other than her
research. I believe that’s allowed, per her contract.”

“Yes, it is. What information do you need from me? I’d love to
have Morgan back and actively writing for
Lifestyles
.”

“Ms. Adams believes you received the outsourcing allegations from
John Mack, her old boss at Mack’s Country Clothes. What can you tell me about
that call?”

“It was an . . . odd call, to say the least. I don’t really know
who called me . . . all I can say is he had a heavy southern or Texas accent
and he didn’t really seem to know about what he was saying, other than that
Morgan had outsourced her actual writing, not her research. That goes directly
against her contract, so I put her on reserve status here and started reviewing
her previous work.”

“So, beyond knowing what outsourcing is, he didn’t know about
what Ms. Adams does?”

“No.”

“Have you been able to develop any conclusions about her work?
Whether she’s outsourced?”

“Yes, I have – the voice and writing style of each article is
consistent. You see, different writers have different styles and voices. Some
are more formal, while others are less so. A writer generally writes in the
same style from assignment to assignment and it’s not very hard to pick out
when someone has asked someone else to write something for them. I’ve
determined that she hasn’t violated her contract with us, so I’m planning to
call her and put her back on two assignments per month. I had been planning to
increase her to four assignments per month. I’ll move ahead with that plan
within three months.”

“You know, the loss of three assignments a month has caused a
real financial crunch for her. She’s grading assignments for a professor friend
of hers, getting ready to put in hours at the Writing Center on campus and take
on private clients.”

“My God, that’s a lot of work!”

“Well, she told me you pay her well for each assignment, so
that’s a significant loss for her.”

“Do you know Mr. Mack’s motivation for making these false
allegations – if it was him?”

“Oh, it was. I spoke to him yesterday and he was proud to admit
he’d done it – until I told him that Ms. Adams is suing him. His motivation? He
hates seeing her financially independent – for whatever reason – and thought he
could force her back into the store if he destroyed her writing reputation and
business.”

“She never said anything about her years of working there. She
kept that pretty close to the chest, actually.”

“Well, from what I observed, his store is slowly dying. He’s
desperate. He talked to a writer, who was more than happy to explain
‘outsourcing’ to him. With that little bit of knowledge, he was able to
potentially destroy her writing career. I have a question for you – when you
heard his allegations, what was your opinion of Ms. Adams?”

“At first, I was very disappointed in what she’d supposedly done.
My immediate reaction was, ‘If she’s done this, what other ethical shortcuts
will she take? Do I want such a writer on my list?’ But, when he couldn’t
elaborate on anything else, like false attribution of quotes or plagiarism, I
began to wonder. He didn’t know what either ‘sin’ entails.”

“Well, I’m no writer, but I know what they mean. So, your opinion
of her changed? What would have you told other magazine publishers had they
approached you for a reference on Ms. Adams?”

“My opinion did change, and not for the good. She’s always been
an excellent writer, turned assignments on time and wrote exactly what we were
seeking. But I began to wonder, like I said. I don’t know what I would have
said, actually. I would have wanted to complete a full review of her past work
first – at the most, I would have asked them to hold off on contracting with
her until I had completed a review of her work.”

“Would that have alerted publishers to a potential problem?”

“Definitely. yes.”

“So, she could have suffered real damage to her reputation as a
writer? As well as real financial damage?”

“Again, yes.”

“Lily, I don’t know what decision Mr. Mack will make. I’ve told
him that I’ve filed the notice of intent to sue. In actuality, I’m waiting for
him to call you and admit that he lied. Ms. Adams and I are giving him a
two-week deadline. If he does, I won’t file. If he doesn’t, I will file and
it’ll be up to a judge and jury to determine whether she’s been defamed. Would
you be willing to testify as a plaintiff’s witness?”

“Yes, I am. That’s really bad, what he tried to do to her. She’s
a gifted writer and, to lose her livelihood that way – it would follow her
everywhere.”

“Thank you. Here’s my card. Please let me know if Mr. Mack calls.
I’ll check back with you in two weeks if I don’t hear and I’ll verify whether
he has or hasn’t called you to walk his allegations back.”

“Thank you! I’m glad she’s fighting back. I’ll be calling her
shortly to let her know the results of my review of her work.”

“She’ll be relieved. She’s getting ready to work some damned long
hours to keep from losing too much financial ground.”

Rick returned to his office and called Morgan.

“Hey, good news! At first, she did think you may have outsourced
your assignments, but as she spoke to John, she realized the charges might be
bogus. She’s restoring you to the active list at two articles a month. Be ready
to write four articles a month for her within the next three months!”

“Yes, she called me, about 15 minutes ago! I’m doing the Snoopy
Happy Dance – can you tell?”