room?â
âAnd elsewhere,â I said.
âThatâs terrible. What does the hospital say?â
âThey settled,â Benny said. âRachel sued them, too. Your daughterâs one tough broad. The hospital paid up and got out.â
âWell, you make sure that fish behaves tomorrow.â
âIâll try, Mom.â
Chapter Thirteen
I assumed it would happen early in the deposition, and it did. Just ten minutes in, right after my seventh question.
âObjection,â Barry Kudar said. âI instruct my client not to answer.â
I turned to the witness. âAre you going to follow your attorneyâs instructions, Doctor Mason?â
He gave me a smug look. âI most certainly am, counsel.â
I pulled the telephone close enough to make sure it was on camera and then turned to the court reporter. âLet that record reflect that I am dialing the direct line of St. Louis Circuit Judge Henry Winfield.â
I hit the speaker button and started dialing.
âWhat do you think youâre doing?â Kudar demanded.
I paused and turned to him. âExactly what the judge told me to do at the last court hearing, counsel. I called his chambers this morning to make sure he would be available if you instructed your client not to answer one of my questions.â
I finished dialing the number.
âThis is ridiculous.â
âBe sure to tell that to the judge, Mr. Kudar. I am only doing what His Honor requested.â
Dr. Mason looked from his lawyer to the telephone, which was now ringing, and back to his lawyer. For the first time that morning, he appeared to be unsure.
The judgeâs clerk answered the phone. âJudge Winfieldâs chambers.â
âGood morning, Cecilia. This is Rachel Gold. I am taking the deposition of Doctor Mason. An issue has come up that the judge needs to resolve.â
âJust a moment, Miss Gold.â
Kudar stared at the phone, his eyes blinking. The vein in his temple was pulsing.
âCounsel?â the judge said.
âGood morning, Your Honor. This is Rachel Gold. I am calling because Mr. Kudar has just instructed his client not to answer one of my questions.â
âIs that true, Mr. Kudar?â
âUh, yes, Your Honor, I, uhââ
âSave it for later, counselor. Ms. Gold, can you have the court reporter read me the question?â
I turned to the court reporter.
âYour Honor,â I said, âour court reporter is Ms. Virginia Hansen. Proceed, Ms. Hansen.â
She cleared her throat. âQuestion: Your financial statement shows that most of your savings, close to six-point-five million dollars, are invested in an entity known as Structured Resolutions. Can you describe that entity? Response: Objection. I instruct the witness not to answer.â
There was a long pause.
âMr. Kudar,â the judge said, âyou instructed your client not to answer that question?â
âCorrect, Your Honor.â
âOn what possible grounds, sir?â
âWe have given Miss Gold my clientâs financial statement. Enough is enough. If she wants to know more about a particular investment, she should do her own investigation.â
Another long pause.
âTo be clear, Mr. Kudar. You do not contend that the question seeks information protected by the attorney-client privilege, correct?â
Kudarâs turn to pause.
âThatâs true, Your Honor.â
âAnd you do not contend that your clientâs answer would violate some confidentiality agreement with the investment entity, correct?â
âWe do not, Your Honor.â
âYour objection is ridiculous, Mr. Kudar, and your instruction is improper. Your objection is overruled, as is your instruction. From this point forward, Mr. Kudar, let the record reflect that every telephone call to me during this deposition that results in my overruling an objection of yours will cost you and your client
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