After our holiday on St. Martin, Sara and I came home and returned to mundane life. We stayed in touch with Heather, Amy, and John as well as Vivien. However, apart from acquiring four very good new friends, it seemed that our performance in Texas was history.
The first indication which we had that Texas would be an ongoing part of our lives came in the spring. Ordinarily, I dislike Mondays. However, this one had started better than most. I had gotten an agreement to settle a real dog case. The deal wasn't going to make my client rich, but it was more than she would likely have recovered at trial. I had to cut my fee to get the deal done, but ten percent of something beats one-third of nothing.
My internal com line buzzed just after I had finished talking to opposing counsel. When I picked up, it was Sara asking if I could come to our conference room immediately. When I walked into the room, I saw Sara sitting and a very shamed face Gwen standing in front of her.
"Harry, "Sara said, "Gwen told me something very disturbing this morning. I think you need to hear it from her." In a very sharp voice, Sara said "Gwen!"
Gwen turned towards me, keeping her eyes to the floor. I could tell that she was embarrassed and scared.
"Harry," Gwen started hesitantly, "I'm very, very sorry. I lost control and did something very stupid."
My mind was running through the possibilities. Had she stolen client money? Had she disclosed confidential client information? Had she gotten arrested? The silence lengthened.
"Ok Gwen," I said, "What happened? It can't be the end of the world."
Gwen started, "I," then stopped.
"Gwen, you need to tell me," I urged.
Sara was much harsher: "Gwen, you tell Harry now or you are fired on the spot with a permanent negative reference from us."
"Christ," I thought. What the hell had happened?
"You showed me the video of your sex performance." Gwen started again. "I thought that it was the sexiest thing I'd ever seen so I, well, I made a copy and took it home."
"You should not have done that, "I said, "but, if that's all there is, I'm not sure that this is a big deal."
Sara sharply replied, "It isn't all Harry."
Gwen blanched. Then she started again. "I had some friends at my condo Saturday night. We drank some and started talking about sex. Finally, I said that I could show them the sexiest thing they had ever seen and I showed them your video."
"Did you give anyone a copy?" I asked.
"Well, the video got me kind of excited. A guy there, he's not really a boyfriend, and I went back to my bedroom. I'm pretty sure that I shut the video off before we went back there. We took a really long time. When we got done and came back to the living room, my other friends had left and your video was up on my TV again."
Sara, obviously pissed, asked, "So, you don't know whether your friends took a copy or not?"
Gwen simply shook her head.
"For all you know, they've posted it on the Internet?" Sara nearly barked.
Gwen looked at the floor and shook her head. "What are you going to do?" she finally asked.
Sara was truly angry, which doesn't happen often. Sensing a bad situation developing, I quickly said "We don't know yet. We will have to think about it. Go back to work."
After Gwen left the room, Sara said angrily, "That bitch. I want her out of here today."
"Hang on a minute," I said. "I agree that Gwen committed a huge breach of trust. But, apart from this incident, she's been very good for us. She's been with us long enough that, if she or we tell people she was fired, she'll have a terrible time finding another job. Besides, we're partly at fault for letting her know that the video existed."
"What do you want to do? What else can we do but fire her?" Sara asked.
"We don't have to do anything right away. Let's see what happens and decide then," I suggested.
Sara was not pleased, but she could tell that I was very much against any precipitate action.
The scope of the problem became clearer shortly after I went back to my office. Heather called.
"Harry. I was talking to my parents. As you probably suspect, they like to look at sexy stuff online. They sent me a link last night that I just opened this morning. It is a video of you and Sara at the arena. I think that it is really nice and wish that it was me in the video instead of Sara. But, I thought you two were trying to keep that quiet so I thought I should tell you in case you didn't know already that it is on the Internet."
"Thanks," I replied. "We didn't know that it had been recorded until Vivien, Mr. French's assistant sent us a copy. She said, and I believe her, that she erased all the copies except for one she kept for herself. I think that it got out because we made a mistake. We showed it to our secretary, she made a copy and took it. I think that's how it got out."
Heather and I talked a while longer. Even under these circumstances, talking to Heather was always a pleasure.
As I hung up with Heather, Sara flew into my office.
"Barb Milroy called," Sara announced. Barb was a lawyer friend of Sara's who did not know about our exhibitionism. "Barb said that she caught her son looking at porn on his computer. Barb says that what he was watching was a video of a couple 'having sex' in front of a large crowd. Her voice got very tense as she said to me that the couple looked a lot like us."
I nodded. "Heather just called. She and Amy and John have seen it on the Internet. Of course, they liked it."
That brought the first smile I'd seen on Sara's face since we'd been in the office. "What do we do Harry? Are we fucked?"
"No, but I'm not sure where this could go. Let me do some work on it."
Shortly after Sara left my office, my phone rang again. When I picked up, a gruff voice on the other end said "Stone? This is Howard French."
I said nothing.
After a moment, French went on. "I'm calling because I did not tell you that I had a video recording made of the performance which you and Sara gave out here last year. I don't have that video any more. I assume that Vivien erased it when she left. With hindsight, I'm glad that she did. But, you should know that video is on the Internet. I'd say that the two of you are pretty recognizable. I also want you to know that I did not give it out. I never even looked at the video before it was erased."
"We know that the video is on the Net," I said. Thanks for the call anyway."
"One more thing," French insisted. "You know that I'm pretty powerful down here. I called our District Attorney before I called you. I give that SOB a lot of money, so I'm sure he's already forgotten that call. What he told me was that, since the arena is my private property and we didn't pay you or charge admission, no crime was committed. Also, there is no way from the video to tell where it happened. I built this place and, from that video, I couldn't tell you whether it was shot in my building."
"Thank you Mr. French," I said and ended the call.
The first concern was whether our licenses could be at risk. I had a very good friend who had formerly been disciplinary counsel for our state supreme court. I called her.
"I'm upset that you didn't invite me," Megan teased when I explained the situation. "What is the link? I want to see that before I give you any advice."
Reluctantly, I gave my friend the link. Megan called back just before lunch.
"Harry, on a personal level, I have to say that I didn't know that you look that good naked. From what I saw, your partner is a very lucky girl."
I started to interrupt, but Megan cut me off. "I know that's not why you called me. I'm going to assume that what you told me about there not being any criminal conduct is accurate. I don't think you committed any professional misconduct. The only basis to proceed against you would be for conduct that 'adversely reflects on the lawyer's fitness to practice under 8.4(h). This is so attenuated from your practice, and nothing identifies either of you as a lawyer, that I cannot imagine that Disciplinary Counsel or the Board will be interested in this other than to get their jollies watching the two of you."
"Thank you Megan, that was my analysis before we did it, but, now that it is public, I thought I needed either a second opinion or counsel."
Megan laughed. "It isn't something that I'd encourage a lawyer to do, but it sure looked like fun. If you do that again, invite me along."
After I hung up, I paused for a second to wonder whether Megan was kidding or not. It didn't matter. I reported what I had learned to Sara.