Aloysius Lionel (Li) Washington, Ch 03
Li and Evan meet again and agree to a long term trial.
Author's Notes: This is an imaginary work of fiction. Currently three chapters have been written and edited. References to specific schools, firms, and athletic teams are coincidental to the story. The fictional law firm described in this story is the same at which Mark Eagleheart, a protagonist in "Steven and the Noble Savage", works. ("Steven" is another story previously published on Literotica. Mark is a major character in this chapter, setting up the "Steven" story for future chapters in Washington, D.C.) As is typical in my stories, character development and description precede sexual activity--so it's sometimes a slow burn, although intense when it finally happens. All characters engaged in sexual activities are over 18, as should be any reader where local law so requires. By the way, I have appreciated all of your comments--including those that made constructive suggestions. © 2023, all rights reserved. Brunosden
[In Ch 01, Li and Evan met; in Ch. 02 they demonstrated their athletic skills and began what promises to be a long satisfying hook, maybe more. But, Evan lives in Boston and Li is currently interning in Washington. At the end of Ch 02, there some tentative commitments were made, and Evan returned temporarily to Boston.]
Li returned to the "grind" at RansomWalker--if that is it what it could be called.
His next week was a trial. It was his litigation associate rotation. Tom Ryan called early Monday. They would have three depositions at the end of the week. Li needed to prepare for and be present at all three.
The case was "typical"--a class action against an insurance client, an RW client. They had been sued for repeatedly denying coverage to policy holders. The class action alleged a hundreds of unjustified denials of contractual benefits for which premiums had been paid. The depositions had two purposes only: intimidate the witnesses with the power of big law and break the class, by creating idiosyncratic circumstances for each of the plaintiffs. (The latter strategy argued that there was really no class; these were individual plaintiffs with unique claims who needed to hire their own counsel--a nearly impossible task in modern complex litigation.)
Li knew the drill. He studied the files. He knew the answers the deponent would give. His job was to get them on the record so they could be used in motions or for impeachment of testimony in the unlikely event they went to trial. The first witness/plaintiff was a single mother with a large family, living in subsidized DC housing. She had a full time job as an LPN at DC General, but the wages still had her below the poverty line. The hospital provided health and prescription drug insurance as part of her salary to supplement the Medicaid that she qualified for. But, she had been repeatedly denied an important drug, not because of anything she had done, but because she had a 15 year old son, still nominally living at home, with a juvenile felony indictment over his head.
DC Medicaid, crafted by Congressmen with constituents far away, had an archaic rule: no one received treatment or prescription drugs covered by DC Medicaid if they were living with a felon. Another obscure rule had determined that indicted minors were "felons" for most purposes of welfare benefits--even if never tried--the pseudo-rationale being that most minors, even if they commit felonies, typically do not go to trial and are never convicted.
Insurance companies took their cues from legislation like Medicare and Medicaid--particularly if it gave them the ability to deny coverage. The law was probably unconstitutional (disqualifying X for benefits because of an association with Y, who had been charged, but never tried or convicted), but no one had had the time and money to challenge it yet. Moreover, the claims had not been made under Medicaid--the mother had a group employer policy.
So Mama was denied a life-preserving drug, because her son, indicted three years ago for drug trafficking (when he was only 12), but never prosecuted, was a "felon"--and because she gave him a bed. She had a choice: pay the rent or buy the expensive drugs and live.
The purpose of the deposition was clear: establish the facts, legally disqualifying the mother, while calling into question the entire class. "Mama" had a unique problem. Few of the other class members had been disqualified for insurance coverage because of the Medicaid "felon minor" provision. Thre were dozens of reasons, repeated ad nauseam by claims adjusters paid by the insurer.
And Li's presence at the depo was equally clear: a famous black man was on the side of the law, or at least the side of the pharmaceutical insurance company. Li was disgusted, but he knew what was expected. At this point in his life, he was going to play along, get along. His time with Evan began to fade into the past. He had gone from the ecstasy of bedding a hunk to the pits of unfair (but legal) use of legal procedure to destroy a poor mother.
Later in the week, the deposition took place. The woman, who reminded Li of his own, was crushed. At the end, she even wept--and pled for the drugs that would save her life--not for herself, but so she could care for her children still at home. The partner congratulated Li on his performance--he had been relegated to asking a few qualifying questions--but Li was distressed. He was pretty sure that he couldn't do this again or for a living.
There was to be another similar deposition later that week. Li wasn't sure he could handle it. He wanted to talk--to a peer, not a firm mentor. So he asked Pete to join him for a drink that afternoon. After work, Pete and Li went to a local pub--not the one where they would likely find other summer associates--although finding any late afternoon watering hole in DC without a majority of lawyers at the bar was nearly impossible.
Li described the deposition. Pete knew all about it. He had already done his litigation rotation and had heard about the case. "I know that working for a big firm means that usually you're on the side of big corporate America. And I guess I'm coming to the conclusion that as a black, I'm going to be 'token.' And as a former pro player, I'm going to be 'arm-candy.' Any time a person of color is involved, they'll call on me for validation. How can I live with myself if I do this? And how can I pay off the student loans if I don't? I thought I could walk a middle line and live with myself, but I'm beginning to wonder whether that is ever possible. Where are you on all this, Pete?"
"Both of us have had some extraordinary opportunities and experiences. We've both taken our knocks, but we nevertheless seem to have pulled through. Very few of our peers get all those chances. I have always reasoned with myself that I could handle some years as a highly paid associate, pay off my loans, marry, and put together a down-payment on a house while picking up the courtroom skills that we all need. Then, I can move to something I can feel comfortable doing. I know this is a rationale that every young lawyer optimist uses. And of course, many never stop trying for the brass ring and the pot of gold. Habits form easily--particularly habits that cost a lot of money to maintain. The system has trapped all of us."
"Maybe we'll get lucky and find a partner who will understand and support us when we decide to make the jump. But maybe we'll die in a three piece suit in a corner office. I think my Patricia Anne, studying nursing at BU is potentially that partner. My own solution is to demand the opportunity to do something good--from the very beginning, even if that means that I've taken myself off the partner track. I probably wouldn't want a partnership anyway, at least not in a place like this. Even if it means that I lead two lives: one at the office; another, nights and weekends. At least I'll be able to live with myself. I can't help anymore than that. I think you probably agree. You can handle it for awhile."
