4
For her
appointment at eleven on Wednesday morning, Libby Schlemmer wore a light-blue
turtleneck sweater that, relatively loose-fitting as it was, did little to
conceal the soft undulation of her breasts as she walked in, and a flared brown
knee-length skirt, with low-heeled oxfords over short socks on her feet. Her
calves, though shapely, were thicker than I had expected, no doubt the result
of some athletic activity or other. My expectation had been based, I suspect,
on the super-slim legs of models I had seen in liquor or automobile ads in the New
Yorker.
What a beautiful day! she exclaimed as she came in. I walked all the
way from my office downtown.
Im sure youd like to sit down, I said. Would you like a glass of
water?
Sure, thank you, she said as she sat. Thats very thoughtful of you.
Full of thought thats me, I said as I handed her the glass. Ive
had plenty of thoughts about you.
She crossed her legs; her bare thighs, or what she showed of them, were
lovely. Such as? she asked after taking her first sip.
Just now, Im curious about where you left your car if you walked here.
Oh, she said after swallowing another gulp of water and laughing, I
never drive to work when its downtown; I either bike or take Muni. This time I
took Muni.
Do you work other places as well?
Yes, I work in several community centers around town. Then I sometimes
drive, but more often than not I bike.
What is your specialty? Is it like your mothers?
She laughed again. You mean, am I a sex therapist? Well, sex comes up
quite a bit, but not the way it does in Lauras work. I work with adolescents,
girls to be specific.
The last bit of information seemed, upon reflection, to be unnecessary.
It would be very difficult to imagine teenage boys being comfortable around a
woman who looked like Libby.
Thats very interesting, I said, but since Im on office time, wed
better not spend too much of it on chitchat, and concentrate on your case. Have
you ever worked with a lawyer before?
Yes. A few years ago I got hit by a car when I was on my bike, and the
insurance company was stalling, so I hired a lawyer.
On a contingency basis?
Yes. And I got a good settlement.
So you know what a representation agreement is like, I said as I handed
her a blank agreement form. She glanced at the seven paragraphs, the first one
beginning IT IS HEREBY AGREED and the others beginning IT IS HEREBY FURTHER
AGREED, and said, Yes, this seems familiar. With no hesitation, she uncapped
the felt-tip pen that like her business card at her first appointment
magically appeared in her right hand, wrote Elizabeth Schlemmer she
evidently didnt use her middle name officially in a flowing hand above the
Client line and the date above the Date line to the left. She handed me her pen
before I managed to get one of my own, and I signed and dated the Attorney
line. Libby Schlemmer was now my client.
Now to the case, I said. The first step, I guess, would be to
establish paternity. What is your birthdate?
June twenty-first, nineteen-seventy-three. So she was thirty-two.
Summer solstice, she added with a smile, on the cusp of Gemini and Cancer.
Thats very important, I said, returning her smile, but everything
else youve told me is quite circumstantial.
Laura, I mean my mother, is willing to testify under oath.
Yes, of course, we would need an affidavit from her. But we would need
more than that. DNA would be ideal, but Peters remains have already been
cremated and scattered. We would need to find some evidence that your mother
and Peter were dating around the time that you were conceived.
They werent, Libby said simply.
What do you mean?
They had stopped seeing each other some months before, when Peter went
away for the summer, first to Tahoe and then to Europe. Then, in the fall, they
ran into each other at a party, and hooked up for one night without taking
precautions. Peter offered her ride home, her roommate happened to be away for
the weekend, and things went from there. Since she hadnt been seeing anyone in
the meantime and her roommate at the time, who shes still friends with,
would testify to that she had stopped taking the pill.
Would there be any witnesses to this
hookup?
The party was at the Cushings, and someone took a picture of Laura and
Peter leaving together. Here it is, she said as she took an envelope out of
her purse and the photograph out of the envelope, placing it on the desk.
The glossy photograph seemed overexposed, but there was no mistaking the
young Peter Hart as I remembered him. Nor could the background be mistaken: it
was the Diebenkorn that had hung on in the foyer of the Cushings mansion until
some time in the nineties, when they donated it to the San Francisco Museum of
Modern Art on the occasion of the museums move to its new building. As for
Laura Perino, her dress was an epitome of post-Twiggy seventies fashion: a
spaghetti-strapped sheath of a Japanese-like print fabric, loose around the
waist while tightly hugging her hips and apparently braless bosom. She was
undeniably beautiful, and if Peter was indeed Libbys father, then Libby
managed to combine her parents best features: Peters stature and blue eyes,
Lauras dark hair and figure. In the photograph, Peter and Laura were looking
at the camera uncomfortably while holding hands; they seemed to have been
caught unawares by the photographers flash.
I looked at the picture for a long time. Look on the
back, Libby said. I did so, and found a date stamp; it was OCT 10 72, about
eight and a half months before her birth. Thats the date when it was
printed, Libby went on. The party was a couple of weeks before that. The
Cushings parties werent that frequent, and they were well covered. She
fished another envelope out of her purse, and handed me a clipping from the Examiner.
There was an extensive report on the party the occasion was the Cushings
tenth wedding anniversary and listed among the guests were both Peter Hart
and Laura Perino. Not together, but this was as it should be, according to Libbys
narrative. And the date was right: September 24, 1972.
As circumstantial evidence goes, I said, this is pretty
good, especially if you believe that girls get pregnant from holding hands.
But in the seventies they did, didnt they? At least thats
what Laura told me, she went on with a smile, that if you saw a couple
holding hands then you could assume they were balling.
Libbys use of that very seventies verb drew my memory
back to my early student days. The Vietnam War and its attendant protests were
winding down, as Kissinger was negotiating with Le Duc Tho. The fervor of the
civil-rights movement had grown tepid. All that was left from the sixties was
sex, drugs and rock n roll. My love of rock had begun to dwindle with the
dissolution of The Beatles (and was not rekindled until several years later,
when Margo brought back an LP of The Clash from a trip to England). Drugs had
not come into my life yet. But sex had just entered it with a bang when I
discovered, as I was beginning my freshman year at Berkeley in that very fall
of 1972, that girls could be attracted to a skinny, bookish guy with unkempt
hair, and it felt as if feeling nubile flesh could fill the hole left by my
mothers recent death. The very night of Libbys conception I may have been
balling a girl I had just met in a registration line.
Greg has told me that these days registration is done on
the Internet, but then again that seems to be how young people nowadays meet
other people. Probably not Libby Schlemmer, though. I remembered that the card
she had given me didnt even have an e-mail address.
Youve got a point, I said. She smiled again, but said
nothing. But Id like to know why you never approached Peter while he was
alive.
Laura didnt want me to. When she knew him he was already
bisexual, and by the time she told me about him, he was completely homosexual
and had been disowned by his family. She didnt want to create any more
problems for him, least of all a Tales of the City-type drama.
And now? I asked.
When I read that he was rich after all, and that Andy
Stone was trying to get the money, I decided to act, and Laura agreed. You see,
I know Andy Stone.
You do? I asked after a long pause, during which I
fruitlessly thought of something meaningful to say.
He was my boyfriend when I was a freshman in college and
he was a senior.
So he was straight then?
No more straight, or should I say no less gay, than he is
now.
What do you mean? My puzzlement was growing.
Well, he seemed to have discovered that in a place like
Eugene, being gay, or at least seeming to be gay, was cool. If he came on to a
woman, even a girl like me who wasnt exactly innocent, shed be flattered to
be getting attention from a cute guy who supposedly preferred men. But I dont
think he actually had sex with men.
What?
Well, he was living with this professor, an older man who
had recently come out when he tested positive. Andy passed as his boyfriend,
but he told me that of course there was no sex. But he was getting free room and
board in a beautiful Queen Anne house.
What happened after his senior year?
He was a chemistry major, and he moved to Houston to work
for Shell. I guess thats where he picked up that drawl, just like Dubya.
So he isnt really Southern?
Libby laughed heartily, making her breasts bob up and
down. Sure he is. Hes a farm boy from Southern Oregon, somewhere near
Medford. He took me down there a couple of times. He always took his
girlfriends there, to prove to his family especially to his cousin Tommy, who
by the way was even better-looking than Andy that he wasnt really a faggot.
His words.
Did you have any more contact with him after he left?
No. I stayed in Oregon Eugene for my bachelors and
masters, and then back to Portland for clinical practice. I only moved here
two years ago, and then I read something about Andy Stone and Peter Hart.
Imagine my shock: my old boyfriend and my biological father! She laughed
again, but in a more restrained fashion.
It does sound a little like Tales of the City.
Yes, thats what Laura told me when I told her. She told
me to read the books, which I hadnt heard of up to then, and I did. She also
advised me to ignore the whole thing, which I did. Until now.
I wondered if this was Libbys chance, as she had put it,
to get back at her ex. But I felt that to question her about it would have been
appropriate for a therapist, not a lawyer. And I really had only one question
left for her as a lawyer.
I would like to depose your mothers old roommate
I began.
She smiled knowingly and handed me a piece of paper with
the friends name (Sarah Scott), address (in Mill Valley) and telephone number.
She knows what this is about, she said.
Libby Schlemmer, or her mother, had obviously prepared the
material for her case well. Now it was up to me to make her case legally
airtight. And it was my fiduciary responsibility as Libbys attorney to try to
win the best possible result for her. If, as she had suggested, Andy Stone and
Peter Hart had not registered as domestic partners, then she might well be the
sole heir, and it would be my job to fight for her right to inherit. And my
antagonist in the fight would be none other than my ex-wife, Margo Dufresne.
Have you always called your mother Laura? I asked.
I dont call her Laura, Libby answered. I call
her Mom. But I refer to her as Laura when I talk about her to others. I dont
know why, and I dont remember when I started doing that.
How would you like me to refer to her?
Libby smiled. I see what youre driving at. All right,
Ill refer to your ex-wife as Margo.
Now, I said after a pause, about your ex-boyfriend
I
mean Andy. Libby laughed. Is his name Andrew? I asked.
No. Andy comes from his middle name, which is Anderson.
His full name, if he hasnt changed it, is Thomas Anderson Stone. He has an
older cousin I think I mentioned him to you who is named Tommy Stone.
Yes, you did. The better-looking one.
Thats right, Libby said with a smile, but he was a
bully, and Andy was gentle. So anyway, that name was taken.
We continued with chitchat that was personal but not
particularly revealing on the part of either of us. I told her of my
predilection for classical music, while Libby, it turned out, was a fan of what
she called World Music Brazilian, African, Middle Eastern and such and it
was the Bay Areas abundance of venues where such music could be heard that,
among other factors, had drawn her to San Francisco. She didnt specify what
the other factors had been, and I didnt ask. I suspected that they might have
been of a personal nature.
I ended the appointment by telling Libby that I would be
in touch with her at each step of progress on her case, but that I needed time
to compose a strategy. She said that she understood and would wait. She smiled
and got up to leave. It was almost noon.
As I was walking out of my office behind her, Jerry
Brucker was coming down the stairs with a slightly plump bleached blonde in a
gray skirted business suit and high heels. What had taken place on his office
couch was quite obvious.
Jerry,
Margo and I have been friends since we were all first-year students at Boalt.
We met him at a Carter-for-President rally, and Jerry was one of the many guys
with whom Margo, who had gone to Mills, sowed her wild oats during that year.
But after the first year Jerry transferred to the business school and, with the
MBA that he got at the same time that Margo and I got our law degrees, went to
work for a big real-estate company. It was a time of high interest rates and a
sluggish economy, but he managed to make some money anyway, buying and selling
residential property. Then, when the recession of Reagans first term ended, he
went back to law school Hastings, not Boalt, since by this time he was living
in San Francisco and passed the bar just about the time that Margo and I
bought our building, with his help. Since he needed an office, we offered him
one of the two vacant ones upstairs in the building which he took to calling The
Ash and the Unicorn, as though it were an Irish pub, with the plaque as its
sign and he accepted, becoming our first tenant. Nina Rowland, who had been
one of his girlfriends at Hastings, became the second. Barbara Kaminsky did not
join our group until after Margo left and her part of the downstairs space was
remodeled into a separate office. Margo had done some part-time teaching at
Golden Gate University Law School, and Barbara had been her student.
Jerrys specialty is, not surprisingly, real-estate law,
and a good many of his clients are female brokers for whom he draws up
contracts. Its a point of honor with him to bang every one of them, attractive
or not, in the course of at least one office visit.
We
took leave of our respective clients. Diane, who had just shut down her
computer, began chatting with them about how chilly the August weather had been
up to that day, and the three women left the building together.
What a gorgeous piece of ass! Jerry said to me after the
door shut.
Shes my new client, I said, and Id like to talk to
you about her case. Are you free for lunch? Just you and me?
To talk about someone who looks like that? Anytime!
You know Im not like you, I said as we walked out.
Shes beautiful, all right, but that isnt what I want to talk about. About a
hundred feet to our right, the women were still walking together, possibly
heading to Nardinis for lunch. Lets go to Petes, I suggested, and turned
left.
Jerry followed me, but continued to look back over his
shoulder. Would it bother you if I tried my luck with her? he asked. Jerry is
my age, but is ruggedly handsome in a Jeff Goldblum sort of way, and can easily
attract women two decades younger.
Be my guest, I said. If we win the case she might need
a good real-estate lawyer. I knew that a good deal of Peter Harts assets had
been invested in real-estate partnerships.
Over drinks at Petes, after we had ordered our lunches, I
told him the gist of the case.
Wow! he exclaimed. So the saintly Andy Stone is a
closet-straight, pseudo-gay, faux-Southern gold digger! Do you think Margo has
an inkling?
Thats one of the many things I need to find out.
When and how are you going to tell her?
Thats where Id appreciate getting your advice,
counselor.
Our sandwiches came. Well, Jerry began after taking a
bite, to begin with, there are two separate facts: Peter Harts beautiful
daughter, and Andy Stones dubious past.
True.
The information that youve got about the first is about
as much as youre going to get, so you might as well shoot with that. Save the
other until you know more. And check if theres a DDP on file.
Yes, Im going to the State Building this afternoon to do
that. Too bad the registry hasnt been put online yet. My guess is that Margo
will argue that, absent DDP, the marriage even if nullified is equivalent
to it, under in pari materia.
Or maybe under nunc pro tunc, Jerry said with a
laugh as he bit into a pickle.
Dont laugh, I said. Depending on where the judge is
from, that might work too. My dilemma is that I would naturally be inclined to
favor the argument.
But as the beautiful daughters attorney
Thats right. And, mind you, she isnt even demanding the
whole pie. At least a share is what she said. She knows that it would be
one-half.
Didnt want to come across as greedy, did she? Jerry
laughed again. I know, I know, Im more of a cynic than you are.
What are you saying?
She wanted to make a good impression on you, to get you
on her side.
So what? I said. Jerry was probably right. Libby Schlemmer
was very intelligent, and a psychologist for good measure. It wasnt unlikely
that everything she said or didnt say was calculated for effect. But it
didnt matter.
Nothing, Jerry said. I assume youre working
contingency.
Yes.
Ten percent post-tax?
Yes. I told her that this was the going rate for lawyers
doing this kind of work, and she said thats fine without batting an
eyelash.
Beautiful eyelashes. But thats all the more reason to go
for the max. It might be fun to dig up some dirt on Saint Andrew.
Hmmm
I said while chewing.
That detective friend of yours
Rose Bargello
Jerry knew perfectly well that my detective friends
surname was Bargallo, not Bargello. What most people dont know, and what Rose
takes pains to explain, was that the name was originally
Bargalló and that its
Catalan, not Italian. In Florida, where she is from, the name is pronounced in
a Cuban Spanish way, but once she moved out west, Rose had to resign herself to
Californians even Hispanic ones saying it as if it were Italian. When she
identifies herself on the phone, she says Barga-Yo or Bar-Gallo,
depending on where the caller ID tells her that the call is from.
But Jerry Brucker doesnt care about such details. When it
comes to deeds and assessments and metes and bounds and latitude and longitude
and acreage and footage, hes a stickler. But not when it comes to people, and
thats why I didnt bother correcting him about Andrew. He came across
the term rose bargello while leafing through an old embroidery book that
had belonged to his mother and used it on Rose when he flirted with her. It
worked, too.
Yes, I said, Rose might like a job like that.
Rose Bargallo owns a PI agency with two partners both
men and she has done a few jobs for me, successfully locating some missing
heirs. For other lawyers she has done background investigations of the kind I
might need, mainly in contentious divorce cases.
She is about forty, and is one of the younger members of
my hiking group. She has a pretty face and a stocky, masculine body. She is
often typed as a butch lesbian but insists that she is as straight as a ruler.
She had not shown up at Mount Tam for Saturdays hike. She
might have been on a job that took her out of town. I decided that I would e-mail
her when I got back to the office, once I knew the legal status of Andy Stone
and Peter Harts partnership.
I thanked Jerry for his input, and he thanked me for the
lunch to which I had insisted on treating him.
I got
back to the office with only a few minutes to spare before my three-thirty
appointment. The client, a man about my age who was filing for his second
divorce, had arrived early and was chatting with Diane while waiting for me.
The trip to the Secretary of States Office had taken
longer than I had expected. The search system was antiquated and the staff was
not particularly helpful. But Libbys hunch was right: there was no record of a
Declaration of Domestic Partnership between Peter Hart and anyone else.
I decided that I would not spend any more time on Libby
Schlemmers case that day. My afternoon client, a software developer, had grown
quite wealthy since his first divorce. Much of his wealth was in stocks and
stock options that he acquired when his startup went public, both before and after
his second marriage. Determining the community-property status of his assets
would be a complicated matter that would require my full attention.